Privacy Policy

Last Updated: December 21, 2022

LiveOne, operated by LiveXLive, Corp. and its affiliates (collectively, "LiveOne", "we", "us", or "our") recognizes that its users value their privacy and we take your privacy seriously. This Privacy Policy ("Policy") explains our privacy practices, including the types of Personal Information we collect from you, how we may use, share and disclose it, and your choices and rights. "Personal Information" is any information that we collect on or in connection with the Services that relates to you, identifies you personally or could be used to identify you, such as your full name, address, email, telephone number, or your music preferences.

This Policy applies to all Personal Information collected during any written, electronic, and oral communications or collected online (collectively, the "Services"), which include:

• the website located www.liveone.com and all corresponding webpages and websites that link to this Policy ("Site");
• LiveOne mobile, web, console, desktop and other applications (e.g., Apple iOS Apps, etc.) (collectively and individually, "LiveOne App"); and
• any other content, applications, features, functionality, information and services offered by us though the Site and/or the LiveOne Apps, including, without limitation, viral, embeddable or application/device-based features and related technology (e.g., mobile, web, console, desktop and other APIs, widgets, plugins, applications, etc.).

By using any of the Services and providing us with your Personal Information, you acknowledge that we will process your Personal Information in accordance with the terms of this Policy. If you do not want us to process your Personal Information, please do not use the Services or provide us with your Personal Information.

1. CHANGES TO THE POLICY

The "Last Updated" date provided above indicates the last time we made changes to this Policy. We may update this Policy from time to time to reflect changes in our Personal Information processing practices or in applicable laws. We encourage you to look for updates and changes to this Policy by checking this date when you access our Services. In the event of a material change to this Policy, we may also notify you directly via your provided contact information or the LiveOne App.

We also may provide additional "just-in-time" disclosures or additional information about the data collection, use and sharing practices of specific Services. Such notices may supplement or clarify our privacy practices or may provide you with additional choices about how we process your Personal Information.

2. PERSONAL INFORMATION WE COLLECT

As part of the Services, we collect the following categories of Personal Information:

1. Identifiers, such as a name, address, unique personal identifier, email, phone number, your device's IP address, software, and identification numbers associated with your devices;
2. Commercial information, such as records of products or services purchased, obtained, or considered by you;
3. Internet activity information, such as your browsing history, search history, the webpage visited before you came to our Site, length of visit and number of page views, click-stream data, locale preferences, your mobile carrier, date and time stamps associated with transactions, and system configuration information;
4. Geolocation information, to the extent you have configured your device to permit us to collect such information;
5. Audio recordings, to the extent you call us, as permitted under applicable law;
6. Payment information, such as debit or credit card information if you subscribe to the LiveOne Plus or Premium service;
7. Inferences, about your preferences, characteristics, behavior and attitudes;
8. Protected classifications, such as gender, when you apply for a job with us;
9. Professional or Employment-related information, when you apply for a job with us; and
10. Education-related information, when you apply for a job with us.

3. HOW WE COLLECT PERSONAL INFORMATION

We collect Personal Information in the following ways:

1. When you provide it directly.
   1. To access and use certain features, content, or functions. In order to access and use certain features, content or functions, of the Services, we may ask you to provide certain Personal Information. This information may include, but not to be limited to, your email, legal name, date of birth, music, artist or band preferences, and other account information associated with Third-Party Platforms. We may also ask for your physical address, and applicable payment data (e.g., payment card number and expiration date) to process payments in relation to our Services.
   2. When you sign up for communications from us. At times, you may be presented with the opportunity to sign up to receive newsletters, email communications, or other communications from us in order for us to provide up-to-date information about the Services, and to publicize and promote certain content, products and services offered by us, our partners and/or other third parties. When there is a separate sign-up for newsletters, we may ask for your contact information such as your name and email, and in certain circumstances your demographic and profile information.
   3. When you submit questions or feedback. We may also have features that allow you to submit information, questions or feedback to us. In those instances, we may retain the information you submit to help us to serve you better and for our internal purposes.
   4. When you participate in our promotions. To participate in our Promotions, including, but not limited to, contests, sweepstakes and surveys, you may be required to submit your Personal Information, including your full name, email, address, telephone number, demographic and profile information. We will use this information to conduct the Promotion (for example, to contact you if you have won). You may also have an opportunity to opt-in to receive special Promotions or offers from our Advertisers as a result of your use of the Services.
   5. When you apply for a job with us. When you email us about a position posted on the careers page, we collect the Personal Information on your resume, such as your contact information, employment history, and education information.
2. When we collect it automatically. Our Services include features that automatically collect certain Personal Information such as a unique device identifier assigned to your Device ("UDID"), Third-Party Platform anonymous identifiers, your Internet protocol ("IP") address, location data, and other information regarding your use of the Services. This information is collected to assist us in authenticating your usage and/or Device, keeping track of your preferences, creating a more tailored user experience and better serving your particular interests. Please see Section 4 of this Policy to learn more about our automatic data collection practices.
3. When we receive it from other parties.
   1. Information from Advertising Service Providers. We use a variety of third-party advertising networks, data exchanges, traffic measurement service providers, marketing analytics service providers and other third parties (collectively, "Third-Party Advertising Service Providers") to, for example, serve advertisements on the Services, facilitate targeted advertisements and measure effectiveness of our Services. As part of their services to us, these Third-Party Advertising Service Providers may provide us with information about your use of other websites, services and platforms.
   2. Information You Provide to Our Affiliates and Subsidiaries. We may receive Personal Information about you from any company controlled by or under common control with LiveOne.

4. HOW WE USE INFORMATION

We will only use your Personal Information as described in this Policy or as disclosed to you prior to such processing taking place. The purposes for which we may use your Personal Information include:

• Providing any services or products that you request or purchase in connection with the Services;
• Contacting you regarding the administration of any features or functions of the Services you have registered to use;
• Sending you marketing and promotional emails;
• Responding to your questions or other requests;
• Allowing you to participate in the community and other features of the Services;
• Tailoring your experience on the Services and/or otherwise customizing what you see when you visit and use the Services;
• Saving your User Account, registration and profile data or other Personal Information (so you do not have to re-enter it each time you visit or use the Services);
• Tracking your return visits to and use of the Services;
• Processing payment for our LiveOne Plus or Premium service;
• For research purposes, for marketing/promotional purposes and to provide anonymous reporting for internal and external clients and business partners;
• Accumulating and reporting aggregate, statistical information in connection with the Services and user activity;
• Determining which features and services users like best to help us operate the Services, enhance and improve our services and the Services and display advertising and marketing information;
• Tailoring your experience on the Services and/or otherwise customizing what you see when you visit and use the Services;
• Keeping you secure and safe while using our Services, which requires us to process your Personal Information to combat spam, malware, malicious activities or security risks;
• Improving and enforcing our security measures;
• Maintaining legal and regulatory compliance;
• Enforcing compliance with our terms and conditions and policies;
• Protecting you, others and our business, including, without limitation, using information for fraud prevention; and
• To process your job application, including to communicate with you and to conduct applicant and employment-related statistical evaluation and record-keeping.
• For any other purpose disclosed to you prior to you providing us your Personal Information or which are reasonably necessary to provide the Services or other related products and/or services requested.

5. SHARING AND DISCLOSURE OF PERSONAL INFORMATION

We may share, disclose and/or sell your Personal Information with the following entities:

1. Public Information. Certain Personal Information associated with a User Posting, such as your username, will be made publicly available.
2. Service Providers. We disclose your Personal Information to third parties to administer and maintain our Services. We will refer to these third parties as "Service Providers". For example, we share your Personal Information with vendors who help us manage our IT infrastructure or who fulfill your purchases. Some vendors may be located outside of the United States. We will also disclose your Personal Information for order fulfillment purposes if you buy tickets via our platform, or with a third party who provides you with ticket insurance, order fulfillment, merchandise, payment processing, data analysis, marketing, auditing and other services. These Service Providers may only use your Personal Information to provide LiveOne with specified services and are contractually obligated to protect your information as disclosed in this Policy.
3. Our Partners. If you access our Services directly from a partner website, we may share your Personal Information with that partner. Other than this use, we do not share your Personal Information unless we have your permission or as otherwise stated in this Policy.
4. Social Networking Websites. When you use our Services, you may share Personal Information with social networking websites. We do not share information with them unless you direct us to share it. Their use of the information will be governed by their privacy policies, and you may be able to modify your privacy settings on their websites.
5. Co-Branded Services and Features. Our Services may be offered as part of co-branded services and features. We will share your Personal Information with our co-branded partners based on your voluntary use of or participation in a co-branded service or feature. The co-branded partners will be identified on the co-branded feature or service, along with an applicable co-branded partner's privacy policy. Use of your Personal Information by a co-branded partner will be subject to a co-branded partner's privacy policy. If you wish to opt-out of a co-branded partner's future use of your Personal Information, you will need to contact the co-branded partner directly.
6. Related Entities. We may disclose Personal Information to our affiliated companies for marketing and/or administrative purposes. We will require these entities to comply with the terms of this Policy with regard to their use of your information.
7. Corporate Transactions. If LiveOne sells all or part of its business or makes a sale or transfer of all or a material part of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, LiveOne may transfer your Personal Information to the party or parties involved in the transaction.
8. When Required by Law. LiveOne may access or disclose your Personal Information in the following circumstances: to protect or defend the legal rights or property of LiveOne, our affiliated companies or their employees, agents and contractors (including enforcement of our agreements); to protect the safety and security of our Services and users; to protect against fraud or for risk management purposes; if we believe your actions violate the Terms of Use, this Policy, any Rules and/or Additional Terms; or to comply with law or legal process.
9. With Your Consent. We also may share or disclose your Personal Information with your consent or at your direction.

6. YOUR PRIVACY RIGHTS AND CHOICES

Depending on applicable law where you reside or are located, you may be able to assert certain rights identified below with respect to your Personal Information. If any of the rights listed below are not provided to you under the law that governs the processing of your Personal Information, we have absolute discretion in providing you with those rights. Please refer to the "What Rights Apply" table below to determine the rights you have in your jurisdiction.

Your rights in relation to your Personal Information are not absolute. Depending upon the applicable law, access to your rights under the applicable law may be denied: (a) when denial of access is required or authorized by law; (b) when granting access would have a negative impact on another's privacy; (c) to protect our rights and properties; or (d) where the request is frivolous or vexatious, or for other reasons.

Your rights may include:

1. Right to Know/Access. You may have the right to obtain a copy, or a list of categories of the Personal Information that we hold about you, as well as other supplementary information, such as the purposes of processing, and the entities to whom we disclose your Personal Information.
2. Right to Correct. You may have the right to correct any of your Personal Information in our records and systems. You may request us to rectify, correct or update any of your Personal Information held by us that is inaccurate. In most cases, you can review and submit changes to your personal information by logging into your account and visiting your account profile page.
3. Right to Delete. Under certain circumstance, you may have the right to request that we delete the personal information that we hold about you. This right is not absolute, and we may refuse such a request if there are compelling legitimate grounds for keeping your Personal Information, for legitimate purposes, or as required by law. In addition, in the event your deletion request is honored, we may retain a record of your deletion request as required under applicable law.
4. Right to Portability. You have the right to receive a copy of the Personal Information we have collected about you in a structured, commonly used and machine-readable format.
5. Right to Opt-Out Sale and Right to Opt-Out of Sharing for Targeted Advertising. You may have the right to opt-out of sale of your Personal Information, and the right to opt-out of the sharing of your Personal Information for behavioral advertising purposes. We do not sell your Personal Information for money, but like many websites, we use cookies, pixels, and similar technology, and we share certain information, such as your IP address or device identifiers, to certain third-party advertisers in order to improve your user experience and to optimize our marketing activities, which may be considered a sale under certain laws. You have the right to direct us not to sell or share your Personal Information for targeted advertising purposes.
   To exercise your opt-out rights, you may submit a request in our Privacy Preference Center, located at https://www.liveone.com/privacy-center or by clicking the "Your Privacy Rights" link in our Site's footer. You may also opt-out by using an opt-out preference signal, which we will honor and process for you in a frictionless manner. To start using an opt-out preference signal, please refer to the instructions provided here. Please note that you may still receive generalized ads after opting out of targeted advertising.
6. Right to Limit Use and Disclosure of Sensitive Personal Information. If you are a California resident, to the extent your Sensitive Personal Information, as that terms is defined under California privacy law, is used to infer characteristic about you, you have the right to object to our processing of your sensitive Personal Information. We do not process any Sensitive Personal Information to infer characteristics about you without your consent.
7. Right to Opt-Out of Automated Decision-making or Profiling. You may have the right not to be subject to a decision which significantly impact your rights that is based solely on automated processing (where a decision is taken about you using an electronic system without human involvement). No decision will be made by us about you solely on the basis of automated decision making which has a significant impact on you.
8. Right Against Discrimination. You may have the right not to be discriminated against for exercising any of the rights described in this section. We will not discriminate against you for exercising your rights.
9. Right to Appeal. In certain jurisdictions, you may have the right to appeal if we refuse to take action on your rights request. Instructions on how to appeal will be provided to you upon such a denial, but in any event, such instructions will be substantially similar to those provided below for submitting requests.
10. Shine the Light. If you are a California resident, you have the right to ask us for a notice describing what categories of personal information we share with third parties or corporate affiliates for those third parties' or corporate affiliates' direct marketing purposes. That notice will identify the categories of personal information shared with third parties and used for direct marketing purposes and the name and address of the third parties that received such personal information.
11. Usage Limitation. Our Services also allow you to limit the visibility of your User profile and User Postings (including, without limitation, your playlists) with the public and/or other Users of the Services; limit the provision of certain Information to us, such as location data; and limit our ability to take certain actions that may disclose your Information (e.g., posting status messages, notes, photos, videos etc. to Third-Party Platforms on your behalf). Please be aware that if you limit the sharing of certain Personal Information, you may not be able to use all of the features and functionality of the Services.
12. Marketing Communications. At times, you may be presented with the option of whether to receive marketing and promotional communications from us and others that we think will be of interest to you. Recipients of such communications can unsubscribe by either following the specific instructions included in such communications or you may "opt-out" of receiving marketing and promotional emails from us at any time by sending an email to us at [email protected] describing your request. Please note that "opt-out" and "unsubscribe" requests may not take effect immediately and may take a reasonable amount of time to receive, process and apply, during which time your Information shall remain subject to the prior privacy settings. Additionally, you should be aware that any Information provided to third parties prior to your election to opt-out or unsubscribe will not be retrieved or rescinded, unless required by applicable law.

What Rights Apply

Depending on where you reside, you may be able to assert certain rights with respect to your Personal Information. To determine which rights you have, please refer to the table below. States not listed either do not have a law providing such rights, or it does not apply to our operations.

Submitting a Request to Exercise Your Rights

In addition to the methods specified above, you may exercise these rights by submitting a request via email or mail at the address provided in the "Contact Us" section below. When you submit a rights request, before honoring such a request, we may take steps to verify your identity before complying with the request to protect your privacy and security.

You may authorize someone to act as your agent and submit a request on your behalf. You must supply your agent with written permission to act on your behalf, and your agent must provide proof of such authorization before we will act upon the request. If you are submitting a request to access or delete through an authorized agent, you must verify your identity directly with us, unless your authorized agent is acting pursuant to a power of attorney under applicable law.

7. RETENTION

We will retain your Personal Information only for as long as is necessary for the purposes set out in this Policy. We will retain and use your Personal Information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data or the information you provided to us to comply with applicable laws), resolve disputes and enforce our legal agreements and policies. We will retain your marketing contact information until you unsubscribe from our marketing communications. We will also retain de-identified, aggregate usage data for internal analysis purposes. Usage data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Services, or we are legally obligated to retain this data for longer periods.

COOKIES AND OTHER TRACKING TECHNOLOGIES

We may use cookies, embedded scripts, and other similar tracking technologies ("Tracking Technologies") to collect additional Personal Information automatically as you interact with the Services and to personalize your experience with our Services.

1. Cookies
   Cookies are small web files that a site or its provider transfers to your device's hard drive through your web browser that enables the site's or provider's system to recognize your browser and remember certain information. We use first-party and third-party cookies for the following purposes: to make our Services function properly, to improve our Services, to make login to our Services easier (such as by remembering your User ID), to recognize you when you return to our Site, to track your interaction with the Services, to enhance your experience with the Services (e.g., for tracking your sessions and use of the playbar, what videos you have in your playbar, etc.), to remember information you have already provided, to collect information about your activities over time and across third party websites or other online services in order to deliver content and advertising tailored to your interests ; and to provide a secure browsing experience during your use of our Services. The length of time a cookie will stay on your browsing device depends on whether it is a "persistent" or "session" cookie. Session cookies will only stay on your device until you stop browsing. Persistent cookies stay on your browsing device until they expire or are deleted (i.e. after you have finished browsing).
   
   We may place cookies from third-party service providers who may use information about your visits to other websites to target advertisements for products and services available from LiveOne. We do not control the types of information collected and stored by these third-party cookies. You should check the third-party's website for more information on how they use cookies. The following types of cookies are used on our Services:
   1. Strictly Necessary Cookies. These cookies are essential because they enable you to use our Services. For example, strictly necessary cookies allow you to access secure areas on our Services. Without these cookies, some Services cannot be provided. These cookies do not gather information about you for marketing purposes. This category of cookies is essential for our Services to work and they cannot be disabled.
   2. Functional or Preference Cookies. We use functional cookies to remember your choices so we can tailor our Services to provide you with enhanced features and personalized content. For example, these cookies can be used to remember your name or preferences on our Services. We do not use functional cookies to target you with online marketing. While these cookies can be disabled, this may result in less functionality during your use of our Services.
   3. Performance or Analytic Cookies. These cookies collect passive information about how you use our Services, including webpages you visit and links you click. We use the information collected by such cookies to improve and optimize our Services. We do not use these cookies to target you with online marketing. You can disable these cookies.
   4. Advertising or Targeting Cookies. These cookies are used to make advertising messages more relevant to you. They perform functions like preventing the same ad from continuously reappearing, ensuring that ads are properly displayed for advertisers, and in some cases selecting advertisements that are based on your interests. Our third-party advertising partners may use these cookies to build a profile of your interests and deliver relevant advertising on other sites. You may disable the use of these cookies as set forth below. We share your information with third parties, including Facebook, for analytics and to target ads.
2. Other Tracking Technologies
   We may also use Tracking Technologies to collect "clickstream" data, such as the domain name of the service providing you with Internet access, your Device type, IP address used to connect your computer to the Internet, your browser type and version, operating system and platform, the average time spent on our Services, webpages viewed, content searched for, access times and other relevant statistics, and assign unique identifiers to the Device or other credentials you use to access the Services for the same purposes. We may associate the information obtained through these Tracking Technologies, and your UDID, Third-Party Platform anonymous identifiers and other identifiers and data, with your Personal Information so we can better customize your experience using the Services and provide tailored advertisements, Promotions, recommendations and other content related to your specific interests, activities or profile (e.g., playlist recommendations, etc.).
3. Your Choices
   Your browser may provide you with the option to refuse some or all browser cookies. You may also be able to remove cookies from your browser. You can exercise your preferences in relation to cookies served on our Sites by taking the steps outlined below.
   1. First-Party Cookies. You can use the browser with which you are viewing this Site to enable, disable or delete cookies. To do this, follow the instructions provided by your browser (usually located within the "Help", "Tools" or "Edit" settings). Please note, if you set your browser to disable cookies, you may not be able to access secure areas of the Site. Also, if you disable cookies other parts of the Services may not work properly. You can find more information about how to change your browser cookie settings at https://allaboutcookies.org/.
   2. Analytics. We use Google Analytics, which uses cookies and other similar tracking technologies to collect and analyze information about your use of our Sites and report on activities and trends. This service may also collect information regarding your use of other websites, apps and online resources. You can learn about Google's practices by going to https://policies.google.com/technologies/partner-sites, and opt out of them by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.
   3. Mobile Advertising: You can opt out of having your mobile advertising identifiers used for certain types of advertising by accessing the settings in mobile device and following the instructions. If you opt-out, we will remove all data about you and will not collect any further data. The random ID previously assigned to you will be removed. Thus, if at a later stage, you decide to opt-in, we will be unable to continue and track you using the prior ID and you will for all practical purposes be a new user.
   4. Third-Party Cookies. To opt-out of third-party advertising networks and similar entities that use advertising cookies go to http://www.aboutads.info/choices. Once you click the link you may choose to opt-out of such advertising from all participating advertising companies or only advertising provided by specific advertising entities. For more information about third-party advertising networks and similar entities that use these technologies, please see http://www.aboutads.info/consumers.
   5. Flash Cookies. If you do not want Flash Cookies stored on your computer, you can adjust the settings of your Flash player to block Flash Cookies storage using the tools contained in the website storage settings panel. You can also control Flash Cookies by going to the global storage settings panel and following the instructions. Setting the Flash Player to restrict or limit acceptance of Flash Cookies may reduce or impede the functionality of some Flash applications, including, potentially, Flash applications used in connection with our services or online content.

Do Not Track. Some Internet browsers, such as Internet Explorer, Microsoft-Edge, Firefox, and Safari, include the ability to transmit "Do Not Track" or "DNT" signals. Since uniform standards for "DNT" signals have not been adopted, our Sites do not currently process or respond to "DNT" signals.

9. DATA COLLECTION FROM CHILDREN

We do not knowingly collect Personal Information from children under 16 without appropriate parental notice and consent. If we become aware that a child under 16 has provided us with Personal Information, we will take steps to delete such information from our files.

10. SECURITY

While no data transmission over the Internet is 100% secure from intrusion, we maintain commercially reasonable physical, electronic and procedural safeguards to protect your Personal Information. However, regardless of our efforts and the Device you use to access the Services, it is possible that third parties may unlawfully intercept or access transmissions or private communications over an unsecured transmission. We also limit access to the Services by our own employees, contractors, Service Providers and those individuals who are authorized for the proper handling of such information. We request that our third-party contractors and Service Providers follow similar standards of security and confidentiality. We use the following controls to protect your Personal Information:

• Use SSL to safeguard information when transmitted from your Web browser to us;
• Encrypt sensitive Personal Information, such as credit card numbers and user names;
• Restrict employee access to databases containing Personal Information and impose confidentiality requirements upon employees who do; and
• Bind third-party vendors and suppliers with contractual, technical, and organizational measures to protect your Personal Information.

Although we do take (and require third parties that we work with to take) security precautions regarding your Personal Information, due to the open nature of the Internet, we cannot guarantee that any of your Personal Information stored on our servers, or transmitted to or from a user, will be free from unauthorized access. By using our Services, you acknowledge that you understand these risks.

11. WHERE YOUR PERSONAL INFORMATION IS PROCESSED

We may process Personal Information on computers located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. We are headquartered in and process Personal Information in the United States. If you are visiting from the European Economic Area, the United Kingdom or Switzerland, please note that by using our Services you understand that we will transfer your Personal Information to the United States for processing to provide our Services. We will use our best efforts to ensure your Personal Information is treated securely in accordance with this Privacy Policy, but if you do not agree with our Terms, you should cease using our Services.

12. INTEGRATION OF THIRD-PARTY PLATFORMS AND SERVICES

The Services may be linked to, rely on and be integrated with websites, applications, interfaces, services and platforms operated by other companies, including Third-Party Services. The Services may also feature advertisements from these companies. LiveOne is not responsible for the privacy practices of such websites, applications, interfaces, services and platforms operated by third parties that are linked to, rely on and/or integrated with the Services or for the privacy practices of third party advertising companies. Once you leave this Services via a link, access a third-party service or click on an advertisement, you should check applicable privacy policies to determine, among other things, how related companies process Personal Information they may collect about you. This Policy applies solely to information collected by LiveOne.

13. CONTACT US

If you have any questions about our privacy practices or any of the terms or conditions of this Policy, please feel free to contact us at: [email protected]; or by mail at LiveXLive Corp., Attn: Privacy Matters, 269 South Beverly Drive, Suite #1450, Beverly Hills, CA 90212.