ONLIVE EMEA S.À.R.L.
Last updated: August 9, 2013
We’ve clarified information about system generated notices under “Information We Collect From You.
For the purposes of European data protection legislation, the data controller is OnLive, EMEA S.à r.l.
OnLive will promptly respond to your privacy concerns and questions. However, if you believe that we have not responded to your inquiry or your inquiry has not been satisfactorily addressed, please contact ESRB via email at email@example.com; or by regular mail at 317 Madison Ave., 22nd Floor, New York, NY 10017, Attn: Director, Privacy Certified Program.
OnLive complies with the U.S. - E.U. and U.S. - Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of personal data from European Union member countries and Switzerland. OnLive adheres to a self-regulatory program in connection with the Safe Harbor frameworks developed by the U.S. Department of Commerce in consultation with the European Union and Switzerland. To learn more about the Safe Harbor program, please visit http://www.export.gov/safeharbor. As part of our participation in the U.S.-EU Safe Harbor framework and the U.S.-Swiss Safe Harbor framework, we agree to resolve all disputes you have with us in connection with our policies and practices through the ESRB.
II. THE INFORMATION WE RECEIVE
There are several categories of information that we receive from you when you use the OnLive Websites and Service: (A) information you provide to us; (B) information we collect from you and (C) information third parties collect from you.
You may visit and browse the informational sections of the Websites without providing any personal information. When we ask for personal information on the Websites and Service to, for example, set up an OnLive Service Account (“Account”) or make a purchase, we will not require anyone to disclose more personal information than we believe is reasonably necessary to participate in such activities. Each of the categories of information we receive from you is discussed below:
A. Information You Provide to Us
Non-Personal Demographic Information: If you choose to complete surveys or your Player Profile, you may provide certain demographic information about yourself such as information about your lifestyle, personal tastes, purchasing habits, city and state, province or territory, education, job, and income.
B. Information We Collect From You
In connection with our provision of the Websites and Service, we may collect the following non-personal information from you. The information identified in this section may be combined with Personal Information in order to assist OnLive with community management, customer support, and technical support.
Information About Your Computer and Connection to the Internet: We may collect information about your computer, hardware, device, software, platform, media, Internet IP address, connection information, geographic IP information, and details concerning your Internet service provider. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.
Cookies: Cookies are small pieces of information that are stored by your browser on the hard drive or memory of your computer or Internet access device. These cookies enable us to personalize your experience on the Websites, maintain a persistent session, passively collect demographic information about your computer and monitor advertisements and other activities. For example, cookies can advise us whether you have visited one of the OnLive Websites previously, and/or may contain other information that will facilitate your next visit to one of the OnLive Websites. Cookies do not include or collect Personal Information but rather, they identify your computer, usually by its Internet Protocol ("IP") address. An "IP address" is a temporally unique number that can be used to identify your computer whenever you log on to the Internet.
Please remember that with most modern browsers you always can disable cookies or set your browser to alert you when cookies are being sent to your computer. The decision to disable cookies, however, may prevent you from being able to use certain portions of the OnLive Websites. To learn more about cookies and how to specify your preferences, please search for "cookie" in the "Help" portion of your browser.
Clear GIFs: Clear GIFs are small graphic images (in GIF or other image format) placed on a web page, web-based document, or in an e-mail message. Clear GIFs are invisible to the user because they are typically very small (e.g., only 1-by-1 pixel) and either transparent or the same color as the background of the web page, document or e-mail message. We do not use clear GIFs to collect Personal Information about you. We may, however, use clear GIFs to capture statistical usage information for our web pages, features or other elements on a web page. We may correlate this information to a user to personalize user experience and for statistical analysis of user experiences on our web pages.
Website & Service Logs: OnLive may collect information in the form of Website and/or Service logs (collectively “Logs”). These Logs are files that record activity on the Websites and Service and gather statistics about users' activities, such as how many users have visited the Websites, how often, how many "hits" a particular webpage has received, sign-in and sign-off times for the Service, type and quality of the user’s Internet connection to the Service, identification of the user’s hardware and software running the Service, which features on the Service you used, and the frequency of use. The entries comprising the Logs contain IP addresses, user IDs, email addresses and identification of the Internet service provider that provides your connection to the Internet. Generally, we use the Logs to operate and improve the Websites and Service, to identify the popularity of certain features, to assist with internal marketing and demographic studies, to enable us to assess overall efficiency and activity on the Websites and Service, and to assess users' web-browsing and Service activities, preferences, and habits. We also use the Logs to monitor traffic on the Websites and Service, to troubleshoot technical problems, to support OnLive CS operations, for security reasons, and to foster the safety of the Websites and Service.
Brag Clip™ Videos: The Brag Clip video feature on the Service allows a user to make a video recording of a ten-second clip of a user’s gameplay. The Player Tag of the person playing the game may be visible in a Brag Clip video, as may be system generated notices that appear on the player’s screen during game play. Such system notices may provide information about the person playing the game or about other users of the Service. Other people may view Brag Clip videos either through the Service or outside of the Service through services such as YouTube or Facebook, for example, or by means of recorded video media. A user may choose to limit Brag Clip videos to only OnLive users identified as Friends (described below). If at any time a user does not limit viewing of Brag Clip videos, OnLive may from that point forward use such videos both on the Service and externally for other purposes, including demonstrations, tournaments, marketing, promotional efforts, game refinement, engineering analysis or any other purpose. In some cases, use of certain game features or participation in certain promotions, tournaments and other activities will allow other people to view Brag Clip videos. Because Brag Clip videos may be widely viewed, OnLive cautions users to avoid revealing any personally identifiable information during gameplay. Brag Clip videos are by default viewable by all OnLive users. A user may set different tiers of viewing of this feature through the Service including, for example, disabling all viewing of such user’s Brag Clip videos.
Spectating: Through the Spectating feature, OnLive makes available continuous live viewing of a user’s gameplay. Any notifications a user receives during game play (including notifications about the person playing the game or about other users in the Service), as well as the Player Tag of the person playing the game or of other users about whom the notification has been sent, may be visible during Spectating. A user may choose to limit Spectating of such user’s gameplay to only Friends, or limit such viewing so that no one else on the Service can Spectate the user’s gameplay. Because live gameplay or other activity in the OnLive Game Service may be widely viewed through the Spectating feature, OnLive cautions users to avoid revealing any personally identifiable information during gameplay or other activity on the Service. The Spectating feature is defaulted to the setting that allows all users to be Spectated by all other users on the Service. A user may set different tiers of viewing of this feature through the Service including, for example, disabling all Spectating of his gameplay.
Communications Within the Service: OnLive may access and collect information about user email, instant messaging sessions, video, text chats, Friend requests, online group activity, and any other forms of communication within the Service and users expressly consent to OnLive monitoring, collecting, recording (in the case of Brag Clip videos) and accessing these forms of communication. Any user communications or system generated notices within the Service should not be considered private and such communications may be viewed and/or heard by others as part of gameplay, for example, as part of Voice Chat or Spectating during gameplay or Brag Clip videos. OnLive is under no obligation to monitor user communications within the OnLive Game Service but may act on reports of misconduct or abuse of communications privileges. Because communications may be widely viewed and/or heard, OnLive cautions users to avoid revealing any personally identifiable information through communications within the Service.
Communications with OnLive CS: Additionally, users expressly acknowledge and agree that OnLive may collect any communication between users and OnLive CS, including email and any information sent from the user to OnLive CS, such as screen captures, video or audio recordings or data. OnLive CS may use such information as part of its customer service operations including collecting statistics, maintaining quality control and generating trouble tickets, which may be shared with appropriate OnLive internal groups or OnLive partners to address the problem or issue.
C. Information Third Parties Collect From You
D. Making Friends and Sharing Information With Friends
The OnLive Service provides social networking features that allow OnLive users to become “Friends” with each other. The Friends social networking feature allows you to identify certain OnLive users that you wish to distinguish from the general population of OnLive users. You may invite other users to become your Friends, and other users may invite you to become their Friend. Accepting a Friend request is voluntary, and you and/or other users may terminate a Friend association at any time. When someone becomes your Friend, that person will have access to information about what games you are playing and have played as well as communications a list of your Friends, your Player Profile, your Brag Clip™ videos, your last visit to the Service, date joined, total play time, play style, and motto. By making or accepting a Friend request, you are providing your consent to such information sharing. It is important to note that Friends of your Friends, and Friends of these Friends (up to 3 generations of Friends in total), will have access to such information as well. Please consider this carefully when making or accepting a Friend request. You may stop sharing information with a specific Friend (and therefore, their Friends) at any time by removing that Friend. See our FAQ on Privacy Settings.
Where we store your information
In relation to Personal Information transferred to OnLive in the US, this is covered by OnLive’s certification under the US EU Safe Harbor framework.
III. HOW WE USE YOUR INFORMATION
When you provide us with your Personal Information, we and/or authorized third parties may use such information for a number of purposes identified below.
* To allow you to use the Websites or Service.
* For our third party payment processor to process your payment for purchases made on the Websites or Service.
* To facilitate communication between OnLive and you including, without limitation, facilitating your use of the Websites or Service, responding to your questions or comments, sending emails concerning our Websites and Service, or to contact you for feedback regarding OnLive, our advertisers, or our business partners.
* To help your Friends find you, OnLive allows registered users who enter your email address to find you and send you Friend requests through the OnLive Game Service. For more information and instructions on how to opt out see our FAQ regarding Privacy and Inviting Friends via Gmail.
* To facilitate OnLive CS operations, provide customer service and troubleshoot technical issues with the Service.
* To provide you with important functionality changes to the Websites or Service, including updates and upgrades, other new OnLive services, and advertising or special promotional offers from OnLive and reputable third parties that we think you will find valuable.
* To customize, analyze, adjust and improve the OnLive Websites and Services to meet your needs and expectations, as well as those of our business partners.
* For our internal marketing and demographic studies, which are intended to enable us to operate the OnLive Websites and Service, and improve the various products and features that we make available to you on the OnLive Websites and Service.
* For external demonstrations, marketing or promotional efforts.
* To provide a report to our business partners that tells them who responded to a particular offer or to facilitate the fulfillment of an order that you have made with a business partner.
* To enforce the Terms and our other agreements with you, prevent fraud and other prohibited or illegal activities, for other legally permissible purposes and generally to ensure that we comply with applicable laws.
* To maintain and enforce security and safety of the Websites and Service.
* To enforce our agreements with third party content providers, game developers, affiliates, and other OnLive business partners regarding third party rights associated with your use of the Websites and Service.
* To process your entries and participation in sweepstakes, contests, promotions, tournaments or other events if any, in which you choose to participate.
* To process your request to be considered for a position with OnLive or one of its affiliates when you submit a resume to us via the Websites.
*To enable the social networking features of the OnLive Websites and OnLive Game Service.
* From time to time we may disclose aggregated and anonymized data about the usage of our Service to trusted business partners. Information about your use of the Service may be included in this data, but no third party will be able to identify you from it.
IV.HOW WE SHARE YOUR INFORMATION
OnLive may share your Personal Information with an unaffiliated third party under the following circumstances:
A. Fulfillment of OnLive’s Services
We may retain other companies and individuals to perform certain functions on our behalf. Examples include, but are not limited to, companies that help to administer the OnLive Websites and Service, companies that provide payments and billing services, companies that conduct surveys or assist OnLive in its promotional activities such as sending emails to you, shipping companies that deliver products, third party advertisers or promotional partners who provide a product or service to you, customer support specialists, web hosting and internet service providers, and data analysis firms. Your Personal Information may be stored and processed in the United States by our third party service providers. Any such third parties who are involved in the operations of the OnLive Websites and Service are authorized to use the information that is collected by and/or disclosed to them only for purposes of fulfilling their contractual obligations to us and/or fulfilling any obligations owed to you and to the other individuals who access and use the OnLive Websites and Service. OnLive requires that any such third parties protect the confidentiality of Personal Information they collect or have access to in the course of their engagement by OnLive.
B. Compliance with Law and Fraud Protection
OnLive expressly reserves the right to disclose Personal Information and any other information to third parties if we believe, in good faith, that we are required to do so by applicable law (including, but not limited to, disclosure to law enforcement or other government officials in connection with an investigation of claims of fraud, misappropriation or infringement of any intellectual property rights or other proprietary rights, or any other conduct or activity that is illegal or that may subject you or OnLive, its agents, employees, affiliates or others to any potential legal liability or as otherwise required by law), or in order to enforce or apply our Terms of Service, or to protect the rights of OnLive, our users or others. We may also disclose Personal Information and any other information where necessary for the establishment, exercise or defense of legal claims or as otherwise permitted by law. OnLive reserves the right to disclose to a third party the Personal Information or any other information of a user who we believe is in violation of any policy or rule as posted on the Websites and Service, even without a subpoena, warrant, court order or other governmental request.
C. Sale or Transfer of Information
In the event of a sale, merger, liquidation, dissolution, or transfer of substantially all of the assets of OnLive, the Websites, and/or the Service, the Personal Information and/or other information collected about you from the Websites, and/or the Service may be sold, traded, assigned or transferred to the party acquiring all or substantially all of the equity and/or assets of OnLive, the Websites, and/or the Service in order to permit the party to continue the operation of any acquired assets. You consent to the sale and transfer of your information as described in this paragraph. If the successor entity intends to use your information for a purpose unrelated to that which it was originally collected, OnLive will contractually require the successor entity to provide you with notice of these new purposes and an opportunity to consent to such new purpose.
D. Customer Analytics
OnLive may share with selected third parties Personal Information relating to your registration to and use of the OnLive Service including, but not limited to, the date of registration, the use of any offers or promotional codes, purchases made from your OnLive Account, time spent on the Site and data usage related to your Account.
E. Direct Marketing
OnLive may share Personal Information with select third parties for the purpose of direct marketing.
V. YOUR RIGHT TO CHOOSE HOW YOUR PERSONAL INFORMATION IS SHARED
The Service also allows you to share certain information about your gameplay (based on your Player Tag) with everyone using the OnLive Service, with Friends (as described in this Policy), or with no one. The most effective way to limit any optional information sharing with other OnLive users, or with Facebook users, is to disable the sharing functionality and/or social features of the Service. Without sharing, however, you may not enjoy the full benefits of the Service because it will deprive you of the opportunity to meet other OnLive users and to chat and play games with them. Where you have an opportunity to limit sharing through the use of the settings and you do not do so, you agree that you will be deemed to have shared the information with third parties voluntarily and it will not be considered to have been shared by OnLive.
You also control the sharing of certain OnLive information on Facebook by connecting your OnLive account with your Facebook account. In doing so, you may be connecting your Player Tag with personally identifiable information such that other Facebook users will know who you are. If you do not want your Player Tag to be publicly associated with your personal information to third parties, do not use the “Connect With Facebook” feature.
VI. ACCESSING, CHANGING OR DELETING YOUR PERSONAL INFORMATION
Suspending Your Account
You may suspend (i.e., temporarily deactivate) your Account at any time, for any or no reason, for up to twelve (12) months by contacting OnLive CS from the Support section of the OnLive website. Also, OnLive may suspend an Account, or resume a suspended Account, under certain conditions specified in the Terms of Service for the OnLive Game Service (“Terms of Service”), including, for example, the expiration or renewal of your Service membership term. OnLive may suspend your Account if it is inactive (i.e. you have not successfully logged in to the Service using your Account, or you have not made any transactions associated with your Account) for twelve (12) months. You or OnLive may resume (i.e. reactivate) a suspended Account, if the Account is in good standing and any outstanding concerns have been addressed to OnLive’s satisfaction at any time during the suspension.
Suspending your Account will temporarily disable your access to the Service using the suspended Account, and temporarily disable your access to all content or services on the Service that the Account would otherwise have access to, if any, whether purchased or not. Resuming your Account will restore your access to the suspended Account, and restore your access to content and services that are still available to you after the time that has elapsed during the suspension period or provide access to content and services that became available to you during the suspension. During this time, OnLive will retain all of your information, including your Personal Information, just as if the Account is in active use so as to enable OnLive to (a) keep track of any content or service expirations or activations during the suspension period, and (b) reactivate your Account if it is resumed during that twelve (12) month period. During the suspension period you, or OnLive under certain conditions specified in the Terms of Service, may close your Account, per the terms described below in Closing Your Account. OnLive will close your Account if it not resumed within twelve (12) months of the last suspension. If you decide to suspend your Account, please contact OnLive Customer Service from the Support section of the OnLive website.
Closing Your Account
CLOSING YOUR ACCOUNT WILL RESULT IN PERMANENT LOSS OF ACCESS, CONTENT, SERVICES AND VALUE ON THE ONLIVE SERVICES. ONLIVE URGES YOU TO CONSIDER SUSPENDING YOUR ACCOUNT, PER THE “SUSPENDING YOUR ACCOUNT” SECTION ABOVE. RATHER THAN CLOSING YOUR ACCOUNT, PLEASE READ THIS “CLOSING YOUR ACCOUNT” SECTION CAREFULLY BEFORE PROCEEDING WITH CLOSURE.
You may close your Account at any time, however, OnLive may close an Account if the Account is suspended and not resumed within the twelve (12) month maximum suspension period, as detailed in Suspending Your Account, above, or under certain conditions specified in the Terms of Service. Closing your Account will immediately and permanently terminate your access to the Service using the closed Account; immediately and permanently terminate your access to all content, messages, services on the Service that the closed Account would otherwise have access to or could derive value from; and result in your immediate and permanent forfeiture of any coupons, access passes, credits, information including Game Service user generated content, or anything that may be of value directly or indirectly associated with the Account, if any, whether purchased or not. Any remaining payments due on the Account will remain due and collectable after the Account is closed until they are paid. If you decide to close your Account, please contact OnLive Customer Service from the Support section of the OnLive website. Within six (6) months after closing your Account or after any payments due on the Account are paid, whichever is later, we will either delete or securely encrypt your Personal Information except your email address, which we will keep in order to determine whether to send further marketing-related emails. We will also keep all financial and transactional records that are required for accounting, revenue-reporting and tax-reporting purposes. Your non-Personal Information, such as your Player Tag and password, will not be deleted. We will also keep information about your use of the Service or Websites including, but not limited to, data about your gameplay, session times and durations, and use of the Service, though we will disassociate such information from your Personal Information. Please note that even after you remove information from your Account or delete your Account entirely, information that was shared with other users may continue to exist on the Service.
If you engage in any repeated or objectionable misconduct, to be determined within OnLive’s sole discretion, OnLive reserves the right to either suspend or close your Account, in OnLive’s sole discretion, immediately and without notice as set forth in the “Suspending Your Account” and “Closing Your Account” sections herein. Please also refer to the Acceptable Use Guidelines for examples of objectionable conduct on the Service.
VII. CREDIT CARD INFORMATION
When you make a purchase through the OnLive Websites or Service, we collect your credit card information. However, OnLive does not store, maintain, or process that information. Rather, OnLive uses trusted third party vendors to process and store your credit card information. These vendors are required to comply with applicable federal and state data security regulations, including Payment Card Industry Standards which require the safe, secure and confidential processing and storage of credit card information.
VIII. COMMUNICATIONS PREFERENCES
If you do not want OnLive to send you communications such as newsletters, announcements, or promotional offers, you may opt-out from receiving these communications at the time your Personal Information is originally collected through the communications preferences in your Account management page. Or, if you would like to opt-out at a later date, opt-out instructions as well as instructions to update communications preferences will be included in the bottom portion of each email we send to you. You may also contact us by regular mail or email at the address listed in the "Contact Us" section herein. Please note that you may not opt-out from certain transactional or relationship messages (e.g., billing matters, Account reminders, legal updates) concerning your Account or products or services that you purchase from OnLive or that you use on the Service.
IX. THIRD PARTY LINKS
The Websites may contain links to third-party websites. Please be aware that OnLive cannot control and is not responsible for the information collection practices of such websites, which may differ from those of OnLive. We encourage you to review and understand the privacy policies of these websites before providing any information to them.
X. DATA SECURITY
We maintain a variety of commercially reasonable safeguards designed to protect your Personal Information from unauthorized access and disclosure, loss, misuse, alteration and destruction. For example, we and our contracted data storage service provider(s) use industry standard tools and techniques to protect against unauthorized access to our systems, servers, Websites, and Service. Personal Information is stored behind firewalls, in password protected environments, and on servers in physically secure and access-controlled locations. Only authorized personnel may access this data. Sensitive financial information, like credit card data, is transmitted via industry standard encryption technologies. OnLive also regularly monitors its physical and information security for unauthorized access and attempts to access. In addition to these data security measures, OnLive maintains written security policies and provides ongoing training seminars regarding data security and the handling of Personal Information.
You should be aware, however, that OnLive has no control over the security of other websites or services on the Internet that you might visit even when a link may appear to direct you to websites and services from OnLive. If you share your computer or use a computer that is accessed by the general public, remember to sign off and close your browser window when you have finished your session. This will help to ensure that others cannot access your Personal Information.
We want you to feel confident using the Websites and Service. No system, however, can be completely secure. Therefore, although we take commercially reasonable steps to secure your information, we do not promise, and you should not expect, that your Personal Information, other communications or content always will remain secure. In the event of a breach of the confidentiality or security of your Personal Information, we will notify you if reasonably possible and as reasonably necessary so that you can take appropriate protective steps. We may notify you under such circumstances using the e-mail address we have on record for you. You should also take care with how you handle and disclose your Personal Information.
XI. DATA RETENTION POLICY
OnLive retains your Personal Information for the period of your membership to the Service subject to the Suspending Your Account and Closing Your Account sections above.If you wish to cancel your Account or request that we no longer use your information to provide you services, you may delete your Account by contacting OnLive CS at firstname.lastname@example.org. We may retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Consistent with these requirements, we will try to delete your information quickly upon request. Please note, however, that there might be a delay in deleting information from our servers and backed-up versions might exist after deletion. In addition, we do not delete from our servers files that you have in common with other users.
XII. MINORS AND CHILDREN
Only persons who are at least 18 years of age or who meet the criteria set forth in the Terms of Service, Section 3 (Eligibility) are permitted to register for an Account. If OnLive becomes aware that any person under the age of 18 (a “Minor”) has attempted to create an account or is submitting or has submitted Personal Information to the Websites or the Service without parental consent, we will close the Account and delete any Personal Information within our control as soon as possible unless such Minor meets other eligibility criteria as set out in Section 3 of the Terms of Service (Eligibility).
The Service is not intended for children under the age of 13 and we do not knowingly collect Personal Information online from or market to children under the age of 13. If OnLive becomes aware that any person submitting Personal Information to the Websites or the Service is under the age of 13, we will take steps to close the Account and delete any Personal Information within our control as soon as possible.
XIII. PARENTAL CONTROLS
While Minors are not themselves permitted to register for an Account, an Account Holder may set up Parental Controls to enable Minors (youth between 13 and up to 18) to access the OnLive Service through the Account Holder’s Account(s) (such Minors shall be referred to in this Section as “Permitted Minors”). Parental Controls allow the Account Holder to control access to content, community, and social features. If Account Holders choose to allow Permitted Minors to access the Service using Parental Controls, they should be aware that unless they restrict such Permitted Minor’s ability to communicate through the community and social features of the Service, such Permitted Minors will be able to disclose publicly their Personal Information by messaging their Friends within the Service, voice chatting with anyone in the Service (including users who are not “Friends”), sending messages to Friends through alerts, and allowing other users on the Service to view your Player Profile. For more information about how to set up Parental Controls visit the Parental Controls FAQ.