Common use of Privacy; Data Security Clause in Contracts

Privacy; Data Security. (a) No Seller has collected Personal Information, including data collected from an IP address, web beacon, pixel tag, ad tag, cookie, JavaScript, local storage, Software, or by any other means, or from a particular computer, Web browser, mobile telephone, or other device or application, where such data is or may be used to identify or contact an individual, device, or application (including, without limitation, by means of an advertisement or content), or to predict or infer the preferences, interests, or other characteristics of the device or of a user of such device or application or is otherwise used to target advertisements or other content to a device or application or to a user of such device or application (“Non-Personal Information”). Sellers do not, and the Acquired Assets purchased do not provide for collection or utilization of, Personal Information or Non-Personal Information, nor perform in any manner when utilized by users as intended, any function that would collect Personal Information or Non-Personal Information from users of its apps. Each Seller has complied in all material respects with all Laws (which for such purposes shall include the policy of third parties) relating to: (i) the privacy of users of (including Internet or mobile users who view or interact with) the websites of Sellers, and (ii) the collection, use, storage, retention, disclosure, and disposal of any Personal Information or Non-Personal Information collected by Sellers, or by Third Parties acting on Sellers’ behalf or having authorized access to Sellers’ records. The privacy practices of Sellers concerning the collection, use, retention, disclosure, and disposal, of Personal Information or Non-Personal Information conform, and at all times have materially conformed, to all of the contractual commitments of Sellers including to viewers of the websites of Sellers and users of (including Internet users who view or interact with) the contractual commitments of Sellers through which Sellers services or products are offered. Seller’s offerings conform, and at all times have materially conformed to applicable Law and, to the extent subject thereto, to the Network Advertising Initiative’s Self-Regulatory Code of Conduct (2008), the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising, and the Federal Trade Commission’s Principles for the Self Regulation of Online Behavioral Advertising (2010). Except as required to process a transaction or provide services or products of Sellers, no Seller has disclosed, and does not have any obligation to disclose, any Personal Information or Non-Personal Information to any Third Party. Seller, Seller’s websites and the services or products of Sellers, have made all disclosures to users or customers and obtained all necessary consents from users or customers required by applicable Law, and none of such disclosures made or contained in any of the Sellers’ websites or in any such materials have been inaccurate, misleading or deceptive or in violation of any applicable Law. No Actions have been asserted or, to Sellers’ Knowledge, are threatened against Sellers by any Person alleging a violation of any Person’s privacy, personal or confidentiality rights under the Privacy Policies or any applicable Law. Neither this Agreement nor the transactions contemplated by this Agreement, including any disclosures of data, will violate the Privacy Policies as they currently exist or as they existed at any time during which any of the Personal Information or Non-Personal Information was collected or obtained. (b) To Sellers’ Knowledge, at all times since inception, each Seller has complied in all material respects with any Law applicable to Sellers relating to the security of Personal Information to which Sellers or Third Parties acting on Sellers’ behalf or otherwise having authorized access to the Sellers’ records, have access or otherwise collect or handle. To Sellers’ Knowledge, Sellers’ information security practices conform, and at all times have conformed, in all material respects with (i) any information security statements made by Sellers and (ii) all of the contractual commitments of Sellers, including, but not limited to, any contractual commitments to analytics providers, data providers, publishers, advertisers and advertising networks, exchanges and advertising networks, through which services or products of Sellers are offered. No Seller has made a statement to the general public regarding the information security practices of such Seller. No Actions have been asserted or, to the Knowledge of Sellers, are threatened against Sellers by any Person with respect to the security of Personal Information. To the Knowledge of the Seller, there has been no unauthorized access to or unauthorized disclosure or use of Personal Information owned or licensed by Sellers or in Sellers’ possession or control by or to any Third Party, including any Governmental Entity.

Privacy; Data Security. (a) No Seller has not collected Personal Information, including data collected from an IP address, web beacon, pixel tag, ad tag, cookie, JavaScript, local storage, Software, or by any other means, or from a particular computer, Web browser, mobile telephone, or other device or application, where such data is or may be used to identify or contact an individual, device, or application (including, without limitation, by means of an advertisement or content), or to predict or infer the preferences, interests, or other characteristics of the device or of a user of such device or application or is otherwise used to target advertisements or other content to a device or application or to a user of such device or application (“Non-Personal Information”). Sellers do Seller does not, and the Acquired Assets purchased purchase do not provide for collection or utilization of, Personal Information or Non-Personal Information, nor perform in any manner when utilized by users as intended, any function that would collect Personal Information or Non-Personal Information from users of its apps. Each The Seller has complied in all material respects with all Laws (which for such purposes shall include the policy of such third partiesparty apps markets that distribute Seller’s apps) relating to: (i) the privacy of users of (including Internet or mobile users who view or interact with) the Seller Offerings and all of the websites of Sellersthe Seller, and (ii) the collection, use, storage, retention, disclosure, and disposal of any Personal Information or Non-Personal Information collected by Sellersthe Seller, or by Third Parties acting on Sellers’ the Seller’s behalf or having authorized access to Sellers’ the Seller’s records. The privacy practices of Sellers the Seller concerning the collection, use, retention, disclosure, and disposal, of Personal Information or Non-Personal Information conform, and at all times have materially conformed, to all of the contractual commitments of Sellers the Seller including to viewers of the websites of Sellers the Seller and users of (including Internet users who view or interact with) the Seller Offerings and the contractual commitments of Sellers the Seller through which Sellers services or products Seller Offerings are offered. The Seller’s offerings Offerings conform, and at all times have materially conformed to applicable Law and, to the extent subject thereto, to the Network Advertising Initiative’s Self-Regulatory Code of Conduct (2008), the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising, and the Federal Trade Commission’s Principles for the Self Regulation of Online Behavioral Advertising (2010). Except as required to process a transaction or provide services or products of Sellersthe Seller Offerings, no the Seller has not disclosed, and does not have any obligation to disclose, any Personal Information or Non-Personal Information to any Third Party. The Seller, the Seller’s websites and the services or products of SellersSeller Offerings, have made all disclosures to users or customers and obtained all necessary consents from users or customers required by applicable Law, and none of such disclosures made or contained in any of the Sellers’ Seller’s websites or in any such materials have been inaccurate, misleading or deceptive or in violation of any applicable Law. No Actions have been asserted or, to Sellers’ Knowledgethe knowledge of the Seller, are threatened against Sellers the Seller by any Person alleging a violation of any Person’s privacy, personal or confidentiality rights under the Privacy Policies or any applicable Law. Neither this Agreement nor the transactions contemplated by this Agreement, including any disclosures of data, will violate the Privacy Policies as they currently exist or as they existed at any time during which any of the Personal Information or Non-Personal Information was collected or obtained. (b) To Sellers’ Knowledgethe knowledge of the Seller, at all times since inception, each the Seller has complied in all material respects with any Law applicable to Sellers the Seller relating to the security of Personal Information to which Sellers the Seller or Third Parties acting on Sellers’ the Seller’s behalf or otherwise having authorized access to the Sellers’ Seller’s records, have access or otherwise collect or handle. To Sellers’ Knowledgethe knowledge of the Seller, Sellers’ the Seller’s information security practices conform, and at all times have conformed, in all material respects with (i) any information security statements made by Sellers the Seller and (ii) all of the contractual commitments of Sellersthe Seller, including, but not limited to, any contractual commitments to analytics providers, data providers, publishers, advertisers and advertising networks, exchanges and advertising networks, through which services or products of Sellers Seller Offerings are offered. No The Seller has made a statement no statements to the general public regarding the information security practices of such the Seller. No Actions have been asserted or, to the Knowledge knowledge of Sellersthe Seller, are threatened against Sellers the Seller by any Person with respect to the security of Personal Information. To the Knowledge knowledge of the Seller, there has been no unauthorized access to or unauthorized disclosure or use of Personal Information owned or licensed by Sellers the Seller or in Sellers’ the Seller’s possession or control by or to any Third Party, including any Governmental Entity.

Privacy; Data Security. (a) No Seller Demonsaw has not collected Personal Information, including data collected from an IP address, web beacon, pixel tag, ad tag, cookie, JavaScript, local storage, Software, or by any other means, or from a particular computer, Web browser, mobile telephone, or other device or application, where such data is or may be used to identify or contact an individual, device, or application (including, without limitation, by means of an advertisement or content), or to predict or infer the preferences, interests, or other characteristics of the device or of a user of such device or application or is otherwise used to target advertisements or other content to a device or application or to a user of such device or application (“Non-Personal Information”). Sellers do Demonsaw does not, and the Acquired Assets purchased purchase do not provide for collection or utilization of, Personal Information or Non-Personal Information, nor perform in any manner when utilized by users as intended, any function that would collect Personal Information or Non-Personal Information from users of its appsAssets. Each Seller Demonsaw has complied in all material respects with all Laws (which for such purposes shall include the policy of such third partiesparty apps markets that distribute Demonsaw’s apps) relating to: (i) the privacy of users of (including Internet or mobile users who view or interact with) the Demonsaw Offerings and all of the websites of SellersDemonsaw, and (ii) the collection, use, storage, retention, disclosure, and disposal of any Personal Information or Non-Personal Information collected by SellersDemonsaw, or by Third Parties acting on Sellers’ the Demonsaw’s behalf or having authorized access to Sellers’ the Demonsaw’s records. The privacy practices of Sellers Demonsaw concerning the collection, use, retention, disclosure, and disposal, of Personal Information or Non-Personal Information conform, and at all times have materially conformed, to all of the contractual commitments of Sellers Demonsaw including to viewers of the websites of Sellers the Demonsaw and users of (including Internet users who view or interact with) the Demonsaw Offerings and the contractual commitments of Sellers Demonsaw through which Sellers services or products Demonsaw Offerings are offered. Seller’s offerings Demonsaw Offerings conform, and at all times have materially conformed to applicable Law and, to the extent subject thereto, to the Network Advertising Initiative’s Self-Regulatory Code of Conduct (2008), the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising, and the Federal Trade Commission’s Principles for the Self Regulation of Online Behavioral Advertising (2010). Except as required to process a transaction or provide services or products of Sellersthe Demonsaw Offerings, no Seller Demonsaw has not disclosed, and does not have any obligation to disclose, any Personal Information or Non-Personal Information to any Third Party. Seller, Seller’s Demonsaw and its websites and the services or products of SellersDemonsaw Offerings, have made all disclosures to users or customers and obtained all necessary consents from users or customers required by applicable Law, and none of such disclosures made or contained in any of the Sellers’ Demonsaw’s websites or in any such materials have been inaccurate, misleading or deceptive or in violation of any applicable Law. No Actions have been asserted or, to the knowledge of the Sellers’ Knowledge, are threatened against Sellers Demonsaw by any Person alleging a violation of any Person’s privacy, personal or confidentiality rights under the Privacy Policies or any applicable Law. Neither this Agreement nor the transactions contemplated by this Agreement, including any disclosures of data, will violate the Privacy Policies as they currently exist or as they existed at any time during which any of the Personal Information or Non-Personal Information was collected or obtained. (b) To the knowledge of the Sellers’ Knowledge, at all times since inception, each Seller Demonsaw has complied in all material respects with any Law applicable to Sellers Demonsaw relating to the security of Personal Information to which Sellers Demonsaw or Third Parties acting on Sellers’ Demonsaw’s behalf or otherwise having authorized access to the Sellers’ Demonsaw’s records, have access or otherwise collect or handle. To the knowledge of the Sellers’ Knowledge, Sellers’ Demonsaw’s information security practices conform, and at all times have conformed, in all material respects with (i) any information security statements made by Sellers Demonsaw and (ii) all of the contractual commitments of SellersDemonsaw, including, but not limited to, any contractual commitments to analytics providers, data providers, publishers, advertisers and advertising networks, exchanges and advertising networks, through which services or products of Sellers Demonsaw Offerings are offered. No Seller Demonsaw has made a statement no statements to the general public regarding the information security practices of such SellerDemonsaw. No Actions have been asserted or, to the Knowledge knowledge of the Sellers, are threatened against Sellers Demonsaw by any Person with respect to the security of Personal Information. To the Knowledge knowledge of the SellerSellers, there has been no unauthorized access to or unauthorized disclosure or use of Personal Information owned or licensed by Sellers Demonsaw or in Sellers’ Demonsaw’s possession or control by or to any Third Party, including any Governmental Entity.

Privacy; Data Security. (a) No Seller AFI has not collected Personal Information, including data collected from an IP address, web beacon, pixel tag, ad tag, cookie, JavaScript, local storage, Software, or by any other means, or from a particular computer, Web browser, mobile telephone, or other device or application, where such data is or may be used to identify or contact an individual, device, or application (including, without limitation, by means of an advertisement or content), or to predict or infer the preferences, interests, or other characteristics of the device or of a user of such device or application or is otherwise used to target advertisements or other content to a device or application or to a user of such device or application (“Non-Personal Information”). Sellers do AFI does not, and the Acquired Assets purchased purchase do not provide for collection or utilization of, Personal Information or Non-Personal Information, nor perform in any manner when utilized by users as intended, any function that would collect Personal Information or Non-Personal Information from users of its appsAssets. Each Seller AFI has complied in all material respects with all Laws (which for such purposes shall include the policy of such third partiesparty apps markets that distribute AFI’s apps) relating to: (i) the privacy of users of (including Internet or mobile users who view or interact with) the AFI Offerings and all of the websites of SellersAFI, and (ii) the collection, use, storage, retention, disclosure, and disposal of any Personal Information or Non-Personal Information collected by SellersAFI, or by Third Parties acting on Sellers’ the AFI’s behalf or having authorized access to Sellers’ the AFI’s records. The privacy practices of Sellers AFI concerning the collection, use, retention, disclosure, and disposal, of Personal Information or Non-Personal Information conform, and at all times have materially conformed, to all of the contractual commitments of Sellers AFI including to viewers of the websites of Sellers the AFI and users of (including Internet users who view or interact with) the AFI Offerings and the contractual commitments of Sellers AFI through which Sellers services or products AFI Offerings are offered. Seller’s offerings AFI Offerings conform, and at all times have materially conformed to applicable Law and, to the extent subject thereto, to the Network Advertising Initiative’s Self-Regulatory Code of Conduct (2008), the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising, and the Federal Trade Commission’s Principles for the Self Regulation of Online Behavioral Advertising (2010). Except as required to process a transaction or provide services or products of Sellersthe AFI Offerings, no Seller AFI has not disclosed, and does not have any obligation to disclose, any Personal Information or Non-Personal Information to any Third Party. Seller, Seller’s AFI and its websites and the services or products of SellersAFI Offerings, have made all disclosures to users or customers and obtained all necessary consents from users or customers required by applicable Law, and none of such disclosures made or contained in any of the Sellers’ AFI’s websites or in any such materials have been inaccurate, misleading or deceptive or in violation of any applicable Law. No Actions have been asserted or, to the knowledge of the Sellers’ Knowledge, are threatened against Sellers AFI by any Person alleging a violation of any Person’s privacy, personal or confidentiality rights under the Privacy Policies or any applicable Law. Neither this Agreement nor the transactions contemplated by this Agreement, including any disclosures of data, will violate the Privacy Policies as they currently exist or as they existed at any time during which any of the Personal Information or Non-Personal Information was collected or obtained. (b) To the knowledge of the Sellers’ Knowledge, at all times since inception, each Seller AFI has complied in all material respects with any Law applicable to Sellers AFI relating to the security of Personal Information to which Sellers AFI or Third Parties acting on Sellers’ AFI’s behalf or otherwise having authorized access to the Sellers’ AFI’s records, have access or otherwise collect or handle. To the knowledge of the Sellers’ Knowledge, Sellers’ AFI’s information security practices conform, and at all times have conformed, in all material respects with (i) any information security statements made by Sellers AFI and (ii) all of the contractual commitments of SellersAFI, including, but not limited to, any contractual commitments to analytics providers, data providers, publishers, advertisers and advertising networks, exchanges and advertising networks, through which services or products of Sellers AFI Offerings are offered. No Seller AFI has made a statement no statements to the general public regarding the information security practices of such SellerAFI. No Actions have been asserted or, to the Knowledge knowledge of the Sellers, are threatened against Sellers AFI by any Person with respect to the security of Personal Information. To the Knowledge knowledge of the SellerSellers, there has been no unauthorized access to or unauthorized disclosure or use of Personal Information owned or licensed by Sellers AFI or in Sellers’ AFI’s possession or control by or to any Third Party, including any Governmental Entity.

Privacy; Data Security. (a) No Seller D-Vasive has not collected Personal Information, including data collected from an IP address, web beacon, pixel tag, ad tag, cookie, JavaScript, local storage, Software, or by any other means, or from a particular computer, Web browser, mobile telephone, or other device or application, where such data is or may be used to identify or contact an individual, device, or application (including, without limitation, by means of an advertisement or content), or to predict or infer the preferences, interests, or other characteristics of the device or of a user of such device or application or is otherwise used to target advertisements or other content to a device or application or to a user of such device or application (“Non-Personal Information”). Sellers do D-Vasive does not, and the Acquired Assets purchased purchase do not provide for collection or utilization of, Personal Information or Non-Personal Information, nor perform in any manner when utilized by users as intended, any function that would collect Personal Information or Non-Personal Information from users of its appsAssets. Each Seller D-Vasive has complied in all material respects with all Laws (which for such purposes shall include the policy of such third partiesparty apps markets that distribute D-Vasive’s apps) relating to: (i) the privacy of users of (including Internet or mobile users who view or interact with) the D-Vasive Offerings and all of the websites of SellersD-Vasive, and (ii) the collection, use, storage, retention, disclosure, and disposal of any Personal Information or Non-Personal Information collected by SellersD-Vasive, or by Third Parties acting on Sellers’ the D-Vasive’s behalf or having authorized access to Sellers’ the D-Vasive’s records. The privacy practices of Sellers D-Vasive concerning the collection, use, retention, disclosure, and disposal, of Personal Information or Non-Personal Information conform, and at all times have materially conformed, to all of the contractual commitments of Sellers D-Vasive including to viewers of the websites of Sellers the D-Vasive and users of (including Internet users who view or interact with) the D-Vasive Offerings and the contractual commitments of Sellers D-Vasive through which Sellers services or products D-Vasive Offerings are offered. Seller’s offerings D-Vasive Offerings conform, and at all times have materially conformed to applicable Law and, to the extent subject thereto, to the Network Advertising Initiative’s Self-Regulatory Code of Conduct (2008), the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising, and the Federal Trade Commission’s Principles for the Self Regulation of Online Behavioral Advertising (2010). Except as required to process a transaction or provide services or products of Sellersthe D-Vasive Offerings, no Seller D-Vasive has not disclosed, and does not have any obligation to disclose, any Personal Information or Non-Personal Information to any Third Party. Seller, Seller’s D-Vasive and its websites and the services or products of SellersD-Vasive Offerings, have made all disclosures to users or customers and obtained all necessary consents from users or customers required by applicable Law, and none of such disclosures made or contained in any of the Sellers’ D-Vasive’s websites or in any such materials have been inaccurate, misleading or deceptive or in violation of any applicable Law. No Actions have been asserted or, to the knowledge of the Sellers’ Knowledge, are threatened against Sellers D-Vasive by any Person alleging a violation of any Person’s privacy, personal or confidentiality rights under the Privacy Policies or any applicable Law. Neither this Agreement nor the transactions contemplated by this Agreement, including any disclosures of data, will violate the Privacy Policies as they currently exist or as they existed at any time during which any of the Personal Information or Non-Personal Information was collected or obtained. (b) To the knowledge of the Sellers’ Knowledge, at all times since inception, each Seller D-Vasive has complied in all material respects with any Law applicable to Sellers D-Vasive relating to the security of Personal Information to which Sellers D-Vasive or Third Parties acting on Sellers’ D-Vasive’s behalf or otherwise having authorized access to the Sellers’ D-Vasive’s records, have access or otherwise collect or handle. To the knowledge of the Sellers’ Knowledge, Sellers’ D-Vasive’s information security practices conform, and at all times have conformed, in all material respects with (i) any information security statements made by Sellers D-Vasive and (ii) all of the contractual commitments of SellersD-Vasive, including, but not limited to, any contractual commitments to analytics providers, data providers, publishers, advertisers and advertising networks, exchanges and advertising networks, through which services or products of Sellers D-Vasive Offerings are offered. No Seller D-Vasive has made a statement no statements to the general public regarding the information security practices of such SellerD-Vasive. No Actions have been asserted or, to the Knowledge knowledge of the Sellers, are threatened against Sellers D-Vasive by any Person with respect to the security of Personal Information. To the Knowledge knowledge of the SellerSellers, there has been no unauthorized access to or unauthorized disclosure or use of Personal Information owned or licensed by Sellers D-Vasive or in Sellers’ D-Vasive’s possession or control by or to any Third Party, including any Governmental Entity.