Effective Date: January 1, 2005

GAMEFIESTA^TM Privacy Policy, Your Privacy Rights

PLEASE NOTE: OUR PRIVACY POLICY CHANGES FROM TIME TO TIME. PLEASE CHECK BACK FREQUENTLY FOR UPDATES AND CHANGES, AS YOUR USE OF THE GAMEFIESTA TM WEBSITE AND SERVICE IS SUBJECT TO THE TERMS OF THIS PRIVACY POLICY. GAMEFIESTA TM IS AVAILABLE SOLELY FOR INDIVIDUALS TO DOWNLOAD AND PURCHASE GAME TITLES. THIS WEBSITE IS NOT INTENDED FOR USE BY CHILDREN UNDER THE AGE OF 18. IF YOU ARE UNDER THE AGE OF 18, YOU ARE NOT AUTHORIZED TO SUBMIT ANY INFORMATION AT THE GAMEFIESTATM WEBSITE AND DOWNLOAD AND/OR PURCHASE A GAME.

Welcome to the GameFiestaTM ("GameFiesta," "we" or "us") website at www.gamefiesta.com (the "Website" or "Service"). This privacy policy ("Privacy Policy") covers GameFiestaTM's treatment of personally identifiable information that GameFiesta TM collects when you are on the Website and when you use the Service. It is important that visitors are fully informed about the use of their personal information. GameFiesta TM believes in 100% permission-based marketing. For each visitor to our Website, our web server automatically recognizes only the visitor's domain name, but not the e-mail address (unless requested and supplied by the visitor to download and/or purchase a game). All visitors to our Website may browse selected portions of the Website without entering any personal information.

Collection of Information at GameFiestaTM

To complete the purchase or download of a gaming title at the Website (each, a "Game"), we gather personal information from you in order to establish your GameFiestaTM membership, such as your first and last name, e-mail address, telephone number and other demographic information. In order to purchase a Game, you must supply additional information, such as you billing address and billing information (including credit/debit card information), necessary for us to complete your purchase. In addition, we may collect credit/debit card information for age verification purposes.

Use of Information Obtained by GameFiestaTM

The information that you submit to GameFiestaTM remains your property, but by submitting the information to GameFiestaTM you grant us the right to use such information for marketing purposes including, but not limited to, sharing such information with third parties. GameFiestaTM may also use such information to directly market certain offers to you including, without limitation, via e-mail marketing, telemarketing, direct mail and text messaging, to monitor compliance with our Terms and Conditions and for content improvement and feedback purposes. We may sell the personal information that you supply to us and we may join together with other businesses to bring selected retail opportunities to our customers. These businesses may include, but are not limited to: (a) providers of online, e-mail and direct mail marketing services and applications including, without limitation, lookup and reference, data enhancement, suppression and validation; and (b) providers of telemarketing services.

If you are a California state resident you may opt-out from having your personal information transferred to third parties for use is such third parties' direct marketing efforts by clicking here and completing an opt-out request or by sending a written e-mail request to CAoptout@traffixinc.com. However, where California residents opt-out from permitting their personal information to be shared, such individuals may still receive selected offers directly from GameFiestaTM, in accordance with the law. In addition, GameFiestaTM reserves the right to release customer information: (a) in the event that we believe that the Website is being or has been used in violation of the Terms and Conditions or to commit unlawful acts; (b) if the information is subpoenaed; or (c) if GameFiestaTM is sold or acquired. Moreover, you hereby consent to disclosure of any record or communication to any third party when GameFiestaTM, in its sole discretion, determines the disclosure to be appropriate including, without limitation, sharing your e-mail address with other third parties for suppression purposes in compliance with the CAN-SPAM Act of 2003, as amended from time to time.

In addition, by downloading a Game or as a paying customer of GameFiestaTM, you agree that such act constitutes a purchase, inquiry and/or application for purposes of the Amended Telemarketing Sales Rule, 16 CFR ?310 et seq. (the "Rule"). Notwithstanding that your telephone number may be listed on the Federal Trade Commission's Do-Not-Call List, GameFiestaTM retains the right to contact you via telemarketing in accordance with the Rule. Moreover, by registering with, or requesting information from, a third-party advertiser at or through the Website, such action shall constitute an inquiry and/or application with the respective third-party advertiser for purposes of the Rule and you may be contacted via e-mail, direct mail and/or telemarketing by such third-party advertiser in accordance with the Rule.

To the extent that customer credit card-specific information and/or social security number is collected by GameFiestaTM and any of its affiliates and/or subsidiaries, said information will be kept in confidence and will not be shared with any third parties (other than consumer credit agencies) without your prior informed consent, except to charge you for Games purchased at the Website. In addition, by submitting your credit card information to us, you authorize GameFiestaTM to periodically verify that your credit card account continues to be a valid and active one by various methods including, without limitation, charging and, thereafter immediately crediting, a small sum to the card. Such verification may be conducted through a third party and, in that case, GameFiestaTM will share your specific credit card information with this third party for verification purposes. Apart from the foregoing uses, GameFiestaTM and its affiliates and/or subsidiaries reserve the right to share with third parties the fact that they have credit card information on file for specific customers but they will not share the specific credit card information with third parties without the customer's prior authorization.

General information collection and use

AGGREGATE: We gather our visitors' and customers' (collectively, "Users") server, IP address and browser-type related information in the general administration of our Website. GameFiestaTM reserves the right to transfer and/or sell aggregate or group data about GameFiestaTM Users for lawful purposes. Aggregate or group data is data that describes the demographics, usage or other characteristics of GameFiestaTM Users as a group without disclosing personally identifiable information. By submitting your personal information to, and/or using, the Website, you agree to allow GameFiestaTM to transfer and/or sell such aggregate data to third parties.

LINKS: This Website may contain links to other websites. Please be aware that GameFiestaTM is not responsible for the privacy practices of other third party websites. We encourage visitors to be aware when they leave our Website and to read the privacy policies of each and every website that collects personally identifiable information. This Privacy Policy applies solely to information collected by this Website.

USE OF COOKIES: A cookie is a piece of data stored on a customer or visitor's hard drive containing information about the respective customer or visitor. Cookies can provide great convenience for our Users. For instance, by setting a cookie on our Website, a customer would not have to log in a password more than once, thereby saving time while on our Website. Even your payment information can be kept on file and thereafter used to facilitate additional Game purchases at the Website. However, even in the case where an existing customer rejects a cookie, he/she may still use our Website. The only drawback to this is that the customer will be limited in what he/she can access in some areas on our Website, much like visitor-level access.

We occasionally use cookies and pixel gifs to track and target the interests of our Users to enhance the experience on our Website and/or for advertising tracking purposes.

Security

GameFiestaTM takes every precaution to protect our customers' information. When a customer submits sensitive personal and payment information via the Website, the information is protected both online and off-line. When our registration, download or purchase process prompts a customer to enter sensitive information (such as a credit card or social security number), the information is encrypted and is protected with industry-standard encryption - SSL technology. While we use SSL encryption to protect sensitive information online, we also do everything in our power to protect customer information off-line. Access to customer information is restricted in our offices and areas where such information is stored. Only employees who need access to the information to perform a specific job are granted access to personally identifiable information. If you have any questions about the security at our Website, please contact us. security@traffixinc.com.

Customers who no longer wish to receive a newsletter or other promotional materials from us or our partners may opt-out of receiving these communications by following the instructions contained in the applicable e-mail.

Minors

GameFiestaTM is committed to strict compliance with the Children's Online Privacy Protection Act. The Website is for use by individuals 18 years of age or older. Individuals under 18 years of age are not permitted to use and/or submit their personal information at our Website. GameFiestaTM does not knowingly solicit or collect information from visitors under 18 years of age. GameFiestaTM encourages parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children.

Your Acceptance of this Privacy Policy

By using this Website, you agree to the GameFiestaTM Privacy Policy. We reserve the right, at our sole discretion, to change, modify, add or remove portions of this policy at any time. All Privacy Policy changes will take effect immediately upon their posting on the Website. Please check this page periodically for changes. Your continued use of the GameFiestaTM Website or acceptance of e-mails following the posting of changes to these terms will mean that you accept such changes. If you do not agree to the terms of this Privacy Policy, you may not use and/or access the Website.

If you have any questions strictly relating to this Privacy Policy or GameFiestaTM's privacy practices, please contact us at: privacy@traffixinc.com.