Last modified Oct. 24, 2006

I. Background on This Privacy Policy

Square Enix, Inc. ("SEI") is committed to respecting the privacy rights of those customers, visitors, users, and other participants (collectively, "Users") who use the PlayOnline online, membership-based entertainment service ("PlayOnline"). PlayOnline includes the PlayOnline Viewer and certain multi-player online games, as well as such other products and services as SEI may elect to make available to Users from time to time. This privacy policy (this "Policy"), which is an important part of the PlayOnline Member Agreement (the "Member Agreement"), describes the information SEI collects from Users, and how and why that information is collected, used, and stored. As a User of PlayOnline, you acknowledge that you understand SEI will be collecting information from you, some of which may be personally identifiable information, and by accessing and using PlayOnline, you consent to the collection and use of that information in accordance with this Policy. In addition, you understand and agree that, by using PlayOnline to play online games, certain information about you will be available to other Users (as explained in this Policy or in the documentation applicable to such online games), and SEI cannot control, and will have no responsibility for, the actions of such other Users with respect to that information about you.

II. A Note Concerning Use of PlayOnline by Users under the Age of 18

SEI strongly encourages parents and legal guardians to take an active role in supervising Internet use by their children, protecting their children's privacy, and preventing inappropriate uses of information about their children. Parents and legal guardians are fully responsible for compliance with this Policy and for any use of PlayOnline by their children, and are further responsible for educating their children as to the data collection practices of SEI and the importance of protecting personally identifiable information at all times. An additional resource on use of the Internet by children is available on the website of the Federal Trade Commission located at http://www.ftc.gov/bcp/conline/edcams/kidzprivacy/index.html.
Children ages 13 to 17 ("Permitted Minors") may use PlayOnline, provided that a parent or legal guardian first provides his or her consent to such use and agrees to supervise (and accept all responsibility for) the Permitted Minor's use of PlayOnline. We regret that use of PlayOnline by children under the age of 13 is strictly prohibited. PlayOnline is in no way intended for or directed at any User under the age of 13, and if we learn that information has been collected from anyone under the age of 13, that information will promptly be deleted. We reserve the right to suspend the account of any User who provides access to PlayOnline in violation of this Policy or of his or her Member Agreement.

III. SEI Data Collection and Use

A. What Personal Information Does SEI Collect?

As a User, information about you will be collected
(i) during the registration process, when you provide us with personally identifying information,
(ii) by our PlayOnline technology, which automatically collects information on your use of PlayOnline as you access the various products and services, and
(iii) in the PlayOnline Viewer, which stores any information that you voluntarily provide and tracks your usage as you access and participate in interactive products and services such as online games, E-mail, chat rooms, and friend lists. These various kinds of information are described in more detail below.

1. Information Collected During the Registration Process

We require Users to register with us in order to access a number of the products and services offered on PlayOnline. During registration, we ask you to provide us with certain information that personally identifies you (referred to herein as “Personal Information”). Personal Information may include your name, date of birth, telephone number, mailing address, E-mail address, and credit card account information, as well as any other information that may be used to identify you. Personal Information is collected so that we can provide you with the PlayOnline services you requested, contact you to verify your Personal Information or PlayOnline account activities, notify you if there is a problem with your account, and enhance the services that we provide to you. After registration, you will be given a PlayOnline ID and a PlayOnline E-mail address, and asked to choose your own passwords. We strongly suggest that Users not choose passwords that can be easily recognized or guessed by others, and that they take steps to protect the confidentiality of their password information.

2. Collection of Traffic Data

SEI may also collect certain anonymous usage data, such as pages visited and services used within PlayOnline (collectively, “Traffic Data”). This information is not Personal Information and generally is not aggregated with Personal Information. We generally use Traffic Data to improve our services to you and to customize and enhance your PlayOnline experience.

3. Information Provided During Usage

The PlayOnline Viewer includes E-mail, friend lists and chat rooms where Users may voluntarily post or exchange information, including (but not limited to) Personal Information. Users can also communicate with each other through their players and characters while using PlayOnline to play online games. While Users have complete discretion over whether they share Personal Information with other Users while enjoying these services, SEI strongly suggests that Users not reveal their Personal Information in this way. Please note that such Personal Information is stored by SEI as non-public information. SEI reserves the right to access and/or monitor Users’ personal files, E-mails, and chat room and online game conversations.

While using PlayOnline, Users (including Permitted Minors) may receive or be exposed to information that is offensive, hostile, or unsuitable to them. SEI has addressed this problem, in part, by providing an automatic (i.e., unmonitored) filtering system in chat rooms and online games that allows Users to elect to block such information while they are using these services. Although we believe that the filtering system will eliminate some exposure to offensive and inappropriate material, we cannot promise that all such material will be eliminated, and we strongly encourage parents and legal guardians to oversee the activities of Permitted Minors. SEI is not and will not be responsible for the disclosure or exchange of any Personal Information by Users in connection with use of PlayOnline, or the receipt of any inappropriate or offensive materials by any Users, including (but not limited to) Permitted Minors, in connection with any use of PlayOnline.

PlayOnline may, from time to time, include certain features for Users (such as the ability to take “screen shots” of a game), which Users can utilize while playing certain online games or using other PlayOnline services. Information obtained by use of these features may include information concerning you and/or other Users (including, but not limited to, Character Data, Player Data, and any other information voluntarily provided by Users). SEI cannot control the acts of Users, the information that Users may include, display or transmit by use of these features, or how any such information is otherwise handled by Users. Users may obtain, display, distribute and perhaps even alter materials (including, without limitation, screen shots) that contain your Character Data, Player Data or other information concerning you. In no event will SEI have any responsibility or liability to you for any conduct involving or claims or losses arising from Users utilizing features of PlayOnline (whether or not similar to those described herein), nor will SEI have any liability to you or to any third party for any information, images, or other data disclosed, distributed or otherwise made available through or as a result of utilizing any features of PlayOnline (whether or not similar to the features described in this paragraph).

B. How Does SEI Use the Information It Collects?

1. Use of Information by SEI

SEI uses Personal Information to respond to your requests for help or information, to complete transactions such as purchases or monthly billing, to verify that you are qualified to use PlayOnline, and for certain other purposes related to our operation of PlayOnline. We may also use Personal Information to notify you of changes in PlayOnline features, Member Agreement terms, or other related SEI agreements, and to send you updates or newsletters about our company and services, and other promotional materials via your PlayOnline E-mail address. In addition, SEI may use or disclose Personal Information and other User information in response to any subpoena or other legal disclosure obligation, or in the event that a User is participating in, or suspected of participating in, prohibited, illegal, or inappropriate activities or threats, including, without limitation, any activities that may endanger any individual’s life or property while using PlayOnline as well as any other activities that SEI determines (in its sole discretion) to be inappropriate.

SEI may use information on User-created players and characters, including but not limited to, names and location, for marketing and promotional activities, and may do so without any notice to the Users whose players and characters are used. Such activities may include, without limitation, posting player and character information on SEI websites.

2. Information Shared with Third Parties

We may share your Personal Information with our business partners, advertisers or other business affiliates, who may be responsible for responding to your requests for information, support or assistance. These business partners, advertisers and other business affiliates must agree to protect the confidentiality of all Personal Information they receive from us, as described in paragraph 4 below.

3. Confidentiality of Personal Information

Except as otherwise provided in this Policy, we will keep your Personal Information confidential and will not share it with third parties, unless SEI reasonably believes use of your Personal Information and/or such disclosure is necessary to:
(a) comply with any law, such as in response to a court order or subpoena;
(b) protect our rights or any property that we own, operate or control;
(c) enforce any Member Agreement or other terms of use applicable to PlayOnline; or
(d) protect the rights, safety and/or security of Users or third parties.

4. Security of Personal Information

SEI takes those steps it deems reasonably necessary to protect the security, integrity, accuracy and privacy of the information our Users share with us, including setting up processes to avoid any unauthorized access or disclosure of this information. We will provide you with the capability to transmit your Personal Information via secured and encrypted channels. We will take reasonable steps to protect Personal Information and Traffic Data from unauthorized third parties. We endeavor to maintain accurate Personal Information collected from our Users, and are grateful for your assistance in maintaining the accuracy of that information while you remain a User of PlayOnline. We also take reasonable steps to require that third parties with whom we share any data provide sufficient protection of that Personal Information.

However, no data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk. Such information still could potentially be accessed, disclosed, altered or destroyed by breach of our security measures.

If SEI learns of a security systems breach we may attempt to notify you electronically so that you can take appropriate protective steps. By using the PlayOnline service or providing personal information to us, you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of this service. SEI may post a notice on the official PlayOnline web site if a security breach occurs. If this happens, you will need a web browser enabling you to view the web site. SEI may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should contact us using the forms available under "E-mail Support" in the "Service & Support" section of the PlayOnline Viewer, or call the PlayOnline Information Center at (858) 790-7529.

IV. User Ability to Access, Update and Correct Personal Information

Your Personal Information is available for review from the “Service & Support” section of the PlayOnline Viewer. You may access your personal profile at any time from that “Service & Support” section to review and update your Personal Information.

V. How Users Can Protect Their Personal Information

We are committed to protecting the privacy of your Personal Information, and we urge you to play an active role as well by following these measures when you are using PlayOnline:
(a) never give out your PlayOnline ID or password, or permit anyone else to access PlayOnline using your ID and password;
(b) immediately report any unauthorized use of your PlayOnline ID or password by using the form available in the “Service & Support” section of the PlayOnline Viewer;
(c) immediately report any unauthorized use of your credit card information to the PlayOnline Information Center; and
(d) always sign off from your account and log out from PlayOnline when you have finished a PlayOnline session - these actions will help to prevent others from gaining access to your information. SEI will never ask you to disclose your password in any email or chat room, and if you ever receive such a request from someone purporting to be with SEI, please report it to us immediately.

VI. Changes to This Policy

SEI reserves the right, at any time and without notice to you or to other Users, to update or modify this Policy, simply by posting such update or modification on the “Information” section of the PlayOnline Viewer and on the official PlayOnline website (the "Website"). When we do, we will also revise the "last updated" date on this Policy. For changes to this Policy that may be materially less restrictive on our use or disclosure of personal information you have provided to us, we will attempt to obtain your consent before implementing the change. We encourage you to periodically review this Policy to stay informed about how we are protecting the Personal Information we collect. Your continued use of the PlayOnline service constitutes your agreement to this Policy and any updates.
In the event that SEI is acquired by or merged with a third party, or PlayOnline is sold or transferred to another party, or is otherwise no longer under SEI’s control, we reserve the right, in any of these circumstances, to sell or otherwise transfer the information we have collected from our Users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your Personal Information is treated, transferred, or used. Therefore, you should know that in such event, your Personal Information may be treated like any other asset of our company, and sold, transferred or shared with third parties, or used in ways not contemplated or permitted hereunder, without notice to you or your consent.

VII. SEI Contact Information

If you have any questions, comments or complaints regarding this Policy or the PlayOnline products and services, please contact SEI using the forms available under "E-mail Support" in the "Service & Support" section of the PlayOnline Viewer, or call the PlayOnline Information Center at (858) 790-7529.