Gaikai ™

Privacy Policy

 

Last Updated: February 22, 2012

 

 

I. General Information

This website, Gaikai.com, is owned and operated by Gaikai Inc. (hereinafter referred to as "Gaikai" or "we" or "us" or "our" or other similar pronouns). Please be advised that Gaikai's privacy policy (this "Privacy Policy") is applicable to any and all of the various content materials, software applications, features, functionality, services and products that are offered by Gaikai Inc., its subsidiaries and affiliated companies (collectively, the "Services"), including, without limitation, the Gaming Service (as defined in Section V below), whether they appear on Gaikai.com or on a third-party website, or within a third-party application, or otherwise. References to the "Site," as used herein, specifically include individuals' interactions with any of the Services in such contexts. For additional details on whether this Privacy Policy or the privacy policy of a third-party website or application applies, please see the provisions of Section X below.

Gaikai is committed to respecting your online privacy and recognizes your need for appropriate protection and management of any personally identifiable information ("Personal Information") you choose to share with us. Gaikai has established this Privacy Policy to let you know what types of information we may collect from you in connection with the Site and any of Gaikai's Services, and how we may collect, use and share that information.

Please take a moment to review the terms of our Privacy Policy. By using the Site, you agree to accept the terms and conditions of our Privacy Policy. If you do not agree to the terms and conditions of this Privacy Policy, please do not use the Site.

This Privacy Policy applies only to information that we collect by means of the Site and in connection with any of the Services, and, except as expressly provided herein, does not apply to information that we may collect by any other means or methods.

This Privacy Policy and the referenced certification seal confirm that Gaikai is a valid licensee and participating member in the Entertainment Software Rating Board's Privacy Online Program: ESRB Privacy Online. To protect your privacy to the maximum extent possible, we have undertaken this privacy initiative and our websites have been reviewed and certified by ESRB Privacy Online to meet established online information collection and use practices. As part of the privacy program, we are subject to frequent audits of our sites and other enforcement and accountability mechanisms administered independently by ESRB.

ESRB Privacy Online is a third-party seal provider whose mission is to protect consumers' online privacy and make the Internet a secure, reliable and private place to share information and conduct business. ESRB Privacy Online promotes and enforces established principles and guidelines for fair information collection practices that include requirements of full disclosure, notice and informed consent.

Whenever you visit a website that displays the ESRB Privacy Online certification seal, you can expect to be notified of:

  • What personal information may be collected and by what means
  • Who, if anyone, is collecting your personal information
  • Who, if anyone, is collecting your personal information
  • How this information may be used, including who, if anyone, it might be shared with
  • The consequences, if any, resulting from your refusal to provide personal information
  • How you can access and, if necessary, change the personal information a company maintains
  • How a company ensures data security, quality and integrity
  • Where and how to ask questions or file complaints

 

Gaikai complies with the provisions of the U.S.-E.U. Safe Harbor framework as set forth by the United States Department of Commerce, with regards to the collection, use and storage of Personal Information received from the European Union. For more information about the U.S.-E.U. Safe Harbor framework kindly visit http://export.gov/safeharbor/.

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II. Personal Information

Personal Information means any information that may be used to identify an individual, including, but not limited to, first and last name, home address or other physical address, telephone number, e-mail address, name of business/company, title, credit card information, billing address, items yo u purchased on the Site, and your browsing and buying patterns (to the extent associated with other Personal Information).

In general, you can visit the Site without telling us who you are or revealing any Personal Information about yourself. However, in order to take advantage of some features of the Site, we may require you to register and provide Personal Information. For example, we may collect certain Personal Information if you choose to subscribe to a newsletter or mailing list, or participate in special offers, sweepstakes or other promotions, or add a comment to a blog or participate in an online forum, or elect to make a purchase, or send questions or comments to us via e-mail.

We may also collect certain demographic information (such as gender or age) and information about your interests and preferences (collectively, "preferences information"). In many cases, such demographic and preferences information is optional. In other cases, such as online surveys, we may collect such information on an anonymous basis. However, if we link any demographic or preferences information to any Personal Information, then such demographic and preferences information will be treated as Personal Information under this Privacy Policy.

Gaikai may offer certain Services that may have age- or territory-based conditions or restrictions. Gaikai may ask for your age or your location (as applicable), and may automatically, through use of tracking technologies, detect and/or receive information about your actual location (such as the geo-location of a computer, or a GPS signal sent by a mobile computing device) or other information that can be used to approximate your location for purposes of determining whether to offer you the Gaming Services (as defined in Section V below) or other Services made available by Gaikai.

For some features of the Site, you may be able to submit information about other people. For example, if you make a purchase on the Site and would like the purchased item shipped directly to another person, you may submit the recipient's name, address and certain other contact information. Gaikai may use and store any such information that we collect from you about another person to carry out your requests and for our own marketing and advertising purposes, as well as those of our business partners and affiliated companies.

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III. Aggregated and De-Personalized Information

From time to time, Gaikai may collect general, non-personal, statistical information about the use of the Site, such as how many visitors visit a specific page on the Site, how long they stay on any particular page, which hyperlinks (if any) they "click" on, whether the specifications and location of visitors' computers meet the minimum requirements needed to use certain functions of the Site. We collect this information through the use of "cookies" and other tracking technologies, which are discussed in greater detail below. We collect this information in order to verify an individual's ability to access and use the Gaming Services (as defined in Section V below) or other Services, to determine which areas of the Site are most popular, and to enhance the Site and visitors' use of the Gaikai Services. We may group this information into aggregated visitor data in order to describe the use of the Site to our existing or potential business partners, sponsors, advertisers and other third parties, or in response to a government request. Gaikai may also group demographic and preferences information and responses to surveys that we collect from visitors into aggregated data for the same purposes. However, such aggregated data is not intended to personally identify you or any other visitors to the Site.

Gaikai may also "de-personalize" information that would otherwise be considered Personal Information, and such de-personalized information may be freely shared or used for our legitimate business purposes.

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IV. Cookies and Other Tracking Technologies

The Site utilizes "cookies" and other tracking technologies. A cookie is a small text file that a website transfers to an individual's hard drive for record-keeping purposes. For example, we may use cookies to collect information about website activity and, if applicable, to maintain your online shopping experience. We will never save credit card information in cookies. Most browsers allow you to control cookies, including whether or not to accept them and how to remove them. You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser. However, please be aware that some features of the Site may not function properly or may be slower if you choose to block the use of cookies.

You may occasionally receive cookies or other tracking technologies from our advertisers or other third parties with links on the Site (see, e.g., Section X and Section XI below). We are not the source of such tracking technologies, nor do we control the use or application of any such cookies or other tracking technologies. The use of advertising cookies sent by third-party ad servers is a common occurrence in Internet-based businesses and related online transactions.

Tracking technologies may record information such as Internet domain and host names; Internet protocol (IP) addresses; browser software and language, operating system type and resolution display capabilities; java settings; clickstream patterns; geographic location; and dates and times that our Site is accessed. An IP address is a number that is automatically assigned to your computer whenever you are surfing the web. Web servers, the computers that "serve up" webpages, automatically identify your computer by its IP address. We may link the information we record using tracking technologies to Personal Information that we collect at the Site for our own marketing and advertising purposes, as well as those of our business partners and affiliated companies. In addition, we reserve the right to use IP addresses and other tracking technologies to identify a visitor when we feel it is necessary to enforce compliance with the Site's policies, to improve performance of the Services offered by the Site, to protect the Site, and our customers, subscribers and other visitors, and whenever we believe in good faith that the law requires it. We may use other tracking technologies in connection with the Site and related Services as well, including but not limited to:

  • "Tracer tags." These may also be referred to as "Clear GIFs" or "Web Beacons." This technology allows us to understand which pages you visit on the Site. Such tracking technologies are used to help us optimize and tailor the Site for you and other Site visitors.
  • "Local Shared Objects." Also called "flash cookies." This technology helps us store user preferences and improve how we serve our users. Disabling traditional cookies may not affect flash cookies. As of the date of this Privacy Policy, you can disable flash cookies by using the Global Storage Settings panel of the online Settings Manager at Adobe's website. However, as with traditional cookies, some features of the Site and the Services, and some features of other websites and related services, may not function properly if you disable flash cookies.
  • Device Specification Testing. When you are on a website or application that offers the Gaming Service or other of Gaikai's Services, our servers automatically detect and analyze your location and device settings (Java, internet bandwidth, display settings, etc.) to determine whether to o ffer you the Gaming Service or any of the other Services made available by or for Gaikai.

 

Pop-up blockers or stoppers prevent extra pop-up windows (which are oftentimes advertisements) from opening in your browser. Pop-up blocking software often has negative effects on other "good" software. If you disable JavaScript pop-up ad windows, you may also disable other website functionality that uses JavaScript. If you're using a pop-up blocker that allows you to manage a list of "pop-up friendly" sites, please refer to your "Help" files and add the URL of this Site to your approved list to ensure maximum functionality when you choose to use the Site.

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V. Use and Sharing of Personal Information

How We May Use Your Information

With respect to the Personal Information we collect, we may retain and use that information for several purposes. For example, we may use your Personal Information to send e-mails and respond to your questions, to verify your authorization and ability to access and use the Site, to provide, maintain and improve your browsing experience and use of the Site, to develop new Services, to ensure compliance with our policies and applicable law, to protect the safety or sensitivities of other individuals who use the Site, to otherwise accomplish our lawful business objectives, in connection with any legal proceedings or prospective legal action, and to establish, exercise, protect and defend our legal rights. We may use your e-mail address as a customer identifier on the Site.

In addition, we may send you periodic communications by e-mail or regular mail, such as news updates, special promotional offers, or information regarding existing or upcoming Services which we believe may be of interest to you. If you later wish to opt-out of receiving such promotional communications from us at any time, simply follow the instructions in Section VII below. Notwithstanding anything to the contrary contained herein, we reserve the right to send you certain non-promotional communications relating to the Site, such as service announcements, e-mails relating to your prior communications (e.g., regarding your participation in a contest or other promotional event, or regarding a purchase you have made, etc.), or similar administrative or transactional messages, without offering you the opportunity to opt-out of receiving such communications.

With Whom We May Share Your Information

Gaikai may disclose collected information with our affiliated companies, content licensors, business partners, clients, and licensees and sublicensees, including online retailers, associates/affiliates, and third-party sponsors of Gaikai's cloud-based gaming services (collectively, the "Gaming Services").

Certain of the Gaming Services and other Services appear on the websites of other businesses (e.g., third-party publishers and retailers, online associates/affiliates, etc.). We may share Personal Information with those independent service providers in connection with their offering of the Gaming Services or other Services.

We may sometimes use other companies to perform certain services for us, such as maintaining the Site and our mailing lists, processing orders and delivering products, sending postal mail, providing marketing assistance and performing data analysis. We may provide Personal Information to those businesses when that information is necessary for them to complete a requested transaction or otherwise perform their contractual duties. Gaikai will take reasonable steps to ensure that these third-party service providers are obligated to protect Personal Information on Gaikai's behalf.

As Gaikai develops, we may buy other businesses or their assets or may sell some or all of our business assets. Customer information is generally one of the business assets involved in such transactions. Thus, in the event that Gaikai or all or substantially all of its assets are acquired, customer information would be one of the transferred assets.

Gaikai fully cooperates with law enforcement agencies in identifying those who use the Site and/or any of our Services for illegal activities, and may in its sole discretion disclose Personal Information or other information to satisfy any law, regulation, subpoena, or government request, or in connection with litigation or any administrative action or proceeding. Gaikai reserves the right to release Personal Information or other information about users who we believe are engaged in illegal activities or are otherwise in violation of our Terms of Service,evenwithout a subpoena, warrant or court order, if we believe in our sole discretion that such disclosure is necessary or appropriate to operate or protect the Site, or to protect against any harm to the rights, property or safety of Gaikai, its affiliates, or any of their officers, directors, employees, agents, third-party content providers, suppliers, sponsors, business partners, associates, licensors, licensees, or any users of the Site or the public as required or permitted by applicable law, or to detect, prevent or otherwise address any fraud, security or technical issues, or to enforce our Terms of Service (including investigation of any potential violation thereof). Gaikai also reserves the right to report to law enforcement agencies any activities we believe in our sole discretion to be unlawful.

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VI. Your California Privacy Rights

The following applies solely to California residents who have an established business relationship with Gaikai. If we collect Personal Information from you, we may make that Personal Information available to our affiliated companies and to certain third parties (as noted in Section V above) for their marketing and promotional purposes. If you decide that you do not want us to share your Personal Information with these companies for their marketing and promotional purposes, please send an email to privacy@gaikai.com. In your email, please indicate whether: (i) you would like to opt-out of receiving promotional correspondence from Gaikai in general, or via email, postal mail, instant messaging, and/or by phone; (ii) you would only like to opt-out of receiving Gaikai newsletters; and/or (iii) you would like Gaikai to not share your Personal Information with third parties for their direct marketing purposes. Your opt-out request will be processed within thirty (30) days of the date on which we receive it.

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VII. Privacy Preferences / Opt-Out

You can change or update your Personal Information that you disclose to us by means of the Site by emailing us at privacy@gaikai.com.

If you do not want to receive promotional e-mails from Gaikai, please follow these instructions: When you receive a promotional e-mail from Gaikai, it will contain a link that allows you to stop the delivery of such e-mail messages from us. If you decide to use this opt-out link, you will no longer receive special offers, coupons, new product or service announcements, or e-newsletters from Gaikai; however, you will continue to receive non-promotional e-mails from us.

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VIII. Security

Gaikai endeavors to protect the Personal Information that you share with us from unauthorized access or disclosure. Our efforts include internal review of our data collection, storage and processing practices and security measures, including encryption techniques and physical security measures to help guard against unauthorized access to the systems where Personal Information is stored. We restrict access to Personal Information to Gaikai's employees, contractors and agents who have a need-to-know such information in order to process it in our behalf, and such individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to comply with such obligations.

DESPITE GAIKAI'S EFFORTS TO KEEP YOUR DATA AND PERSONAL INFORMATION SECURE, NO COMPANY CAN GUARANTY THE SECURITY AND PRIVACY OF ITS SERVICES, INFORMATION AND OTHER DATA. ACCORDINGLY, NEITHER GAIKAI NOR ANY OF ITS AFFILIATES REPRESENTS OR WARRANTS THAT IT/THEY WILL BE ABLE TO MAINTAIN THE PRIVACY OR THE SECURITY OF ITS DATA IN REGARD TO YOUR PERSONAL INFORMATION OR OTHERWISE, WHETHER FROM THEFT, DESTRUCTION OR INADVERTENT DISCLOSURE. GAIKAI'S PRIVACY POLICIES AND PROCEDURES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND OR NATURE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION.

At some point in the future, this Site may support e-commerce and account creating. If you create an account, you may be asked to choose a password for your account, in which case your online account information shall be protected by your password. We recommend that you do not disclose your password to any other person. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password and/or in connection with your account.

With respect to general credit card security online, you are advised to take the following steps to increase the security of your credit card information:

  • Limit your online shopping to Internet merchants offering websites equipped with Secure Socket Layer (SSL) technology. SSL assists in preventing unauthorized interception of your sensitive data.
  • Use a browser, such as Internet Explorer, that supports SSL. These browsers show a symbol in the status bar, such as a key or lock, when you are on a site that uses SSL.

 

Credit card information collected by Gaikai will be encrypted through SSL before it is transmitted over the Internet.

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IX. Children's Privacy

This Site is not intended for use by children under the age of 13 and Gaikai does not knowingly collect, maintain or use any Personal Information from such children. If we become aware that we have unknowingly collected Personal Information from a child under the age of 13, we will make commercially reasonable efforts to delete such information from our database.

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X. Third-Party Websites

Please note that you may have cookies placed on your computer by third-party websites that refer you to the Site. Although we do not, except as otherwise set forth in this Privacy Policy, share your Personal Information with these third-party websites, they may be able to link (i.e., draw a connection between) certain non-personally identifiable information we disclose to them with Personal Information that they may have previously collected from you. Please carefully review the privacy policies of each website that you choose to visit in order to better understand their privacy-related practices and procedures. In addition, the Site may contain links to other websites that are not owned or controlled by Gaikai and for which Gaikai has no control or responsibility. Anytime you click on links (including advertising banners) that direct or connect you to such web sites your subsequent interactions and transaction will be subject to the privacy policies of such third parties.

As noted above, the Gaming Services and other Services may be available on the websites of third-party content licensors and other businesses. When you use the Gaming Service or other Service as provided by such other websites, you are subject to their privacy policies with respect to information they collect, and subject to this Privacy Policy with respect to information we collect, respectively. Provided, however, such third parties may share usage data, conversion data, computer specifications, and other data and information (which may include Personal Information) with Gaikai, and, in such event, we will treat such information in accordance with the terms and conditions of this Privacy Policy. Additionally, as noted in Section V above, we may share information with such third parties under certain circumstances.

While we support the protection of our customer's privacy on the Internet, Gaikai expressly disclaims any and all liability for the actions of third parties, including, without limitation, any and all actions or inactions relating to the authorized or unauthorized access, use and/or disclosure of Personal Information by any third parties.

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XI. Third-Party Ad Servers

Gaikai may engage third party ad server networks to serve advertisements within or in connection with the Site. Because your web browser displays these advertising banners from the ad networks' servers, these companies can send their own cookies to your cookie file, just as if you had requested a webpage from the Site. Please note that if an advertiser on a third-party ad server network requests us to show an advertisement to a certain audience (for example, women ages 18-34) or audience segment (for example, women ages 18-34 who have viewed child-related items) and you respond to that ad, the advertiser or ad-server may conclude that you fit the description of the audience they are trying to reach. If you want to prevent a third-party ad server and/or third-party service provider from sending and reading cookies on your computer, you must visit each third-party ad server network's website individually and opt-out (if they offer this capability).

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XII. Comments to the Site

If you post comments on the Site, you will be identified on those venues by the name you submit. Please be aware that the name you choose to provide will be viewable by all users of our message boards or other public venues, so please use caution when choosing your name or providing any profile information. Information that you provide on blogs, message boards or other similar venues may also be viewable by the general Internet public. Please be advised that we cannot be responsible for any Personal Information you choose to post on any public venues, and we recommend that you carefully consider the possible results and implications before you post any such publicly-accessible information.

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XIII. Changes to Privacy Policy, Dispute Resolution, Arbitration, and Incorporation into Terms of Service

Gaikai may change the terms of this Privacy Policy at any time and from time to time, effective immediately upon posting to the Site, at its sole discretion, without prior notice and without any obligation or liability to you or any third parties. It is your responsibility, as a voluntary user of the Site to confirm the effective terms and conditions of this Privacy Policy in order to help ensure that you are aware of any modification or amendment to this Privacy Policy that may be adopted by Gaikai. Your continued use of the Site following the posting of any changes to the terms or conditions set forth in this Privacy Policy will be deemed to indicate your acceptance of any and all such changes. If you have questions about this Privacy Policy, or believe that Gaikai has acted inconsistently with this Privacy Policy, please Contact Us.

This Privacy Policy is a part of, and is in whole subject to, Gaikai's Terms of Service. Any dispute or claim arising under or in connection with this Privacy Policy or in relation to any breach of privacy or security shall be governed by the dispute resolution and arbitration provisions set forth in the Terms of Service.

AS PER THE TERMS OF SERVICE, YOU HAVE AGREED (I) TO ABIDE BY AND BE BOUND BY THE TERMS AND CONDITIONS OF THE TERMS OF SERVICE AND THIS PRIVACY POLICY, AND (II) TO USE ONLY THE RIGHTS AND REMEDIES AFFORDED TO YOU UNDER THE DISPUTE RESOLUTION AND ARBITRATION PROVISION IN THE TERMS OF SERVICE FOR ANY CLAIMS, INCLUDING, WITHOUT LIMITATION, ANY DISPUTES OR ANY BREACHES OF PRIVACY OR SECURITY, THAT YOU MAY HAVE OR WHICH COULD ARISE IN RELATION TO GAIKAI OR ANY OF ITS AFFILIATES, OR ANY OF ITS/THEIR SERVICES OR CONTENT (INCLUDING, WITHOUT LIMITATION, THE GAMING SERVICES) AND/OR THIS PRIVACY POLICY.

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XIV. Miscellaneous

This Privacy Policy and the privacy practices and procedures of Gaikai and its Affiliates will be subject exclusively to the laws of the State of California and of the United States. Gaikai makes no representation that this Privacy Policy and our practices and procedures comply with the laws of any other country or jurisdiction. Our computer systems and server networks that are intended for the collection, processing, storage and maintenance of Personal Information are currently located in the United States, so your Personal Information and related data will be collected, processed, stored and maintained by us in the U.S., where applicable privacy regulations and data protection requirements may not offer the same level of protection as in other parts of the world. If you submit information and/or related data as a visitor from outside the U.S. to the Site, your decision to access and use the Site shall confirm your agreement to the terms and conditions of this Privacy Policy and shall indicate your consent to the transmission and reception of such information and related data outside of your country and in the United States and to the collection, processing, storage, maintenance and use of such information and data in the manner described in this Privacy Policy. Visitors who use the Site and reside outside the United States do so at their own discretion and on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

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XV. Questions and Contact Information

If you have any questions regarding Gaikai's Privacy Policy, please email privacy@gaikai.com.

Gaikai is a licensee of the ESRB's Privacy Online Program. If you believe that we have not responded to your inquiry or your inquiry has not been satisfactorily addressed, please contact ESRB at http://www.esrb.org/privacy/contact.jsp

ESRB
Attn.: Privacy Online Program
317 Madison Avenue, 22nd Floor
New York, NY 10017
privacy@esrb.org

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