Common use of Privacy; Data Security Clause in Contracts

Privacy; Data Security. (a) At all times since inception, the Company and any Company Subsidiary has provided accurate notice of its privacy practices on all of its websites and these notices have not contained any material omissions of the Company’s (or the Company Subsidiary’s, as the case may be) privacy practices or practices concerning the collection, use, and disclosure of Personal Information or information about a user or consumer that is not 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”). The privacy policy or policies providing this notice and the periods each policy has been in effect are set forth in Section 3.18(a) of the Company Disclosure Schedule (hereinafter collectively, the “Privacy Policies”). The privacy practices of the Company or any Company Subsidiary, as the case may be, conform, and at all times have conformed, in all material respects to their respective Privacy Policies at the time each Privacy Policy was in effect and with any public statements regarding the privacy practices of the Company or any Company Subsidiary, as the case may be. The Company and each Company Subsidiary has complied in all material respects with all Laws relating to: (i) the privacy of users of (including Internet or mobile users who view or interact with) the Company Offerings and all of the websites of the Company or any Company Subsidiary, as the case may be, and (ii) the collection, use, storage, retention, disclosure, and disposal of any Personal Information or Non-Personal Information collected by the Company or any Company Subsidiary, or by Third Parties acting on the Company’s behalf or any Company Subsidiary’s behalf or having authorized access to the Company’s or any Company Subsidiary’s records. The Privacy Policies and practices of the Company or any Company Subsidiary, as the case may be, 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 the Company or any Company Subsidiary, as the case may be, including to viewers of the websites of the Company or any Company Subsidiary, as the case may be and users of (including Internet users who view or interact with) the Company Offerings and the contractual commitments of the Company or any Company Subsidiary, as the case may be, through which Company Offerings are offered. The Company’s and each Company Subsidiary’s Privacy Policies and the Company 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 the Company Offerings, the Company and each Company Subsidiary has not disclosed, and does not have any obligation to disclose, any Personal Information or Non-Personal Information to any Third Party. The Company, each Company Subsidiary, the Company’s websites, each Company Subsidiary’s websites, and the Company 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 Company’s or any Company Subsidiary’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 Company, are threatened against the Company or any Company Subsidiary 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 Company, at all times since inception, the Company and each Company Subsidiary has complied in all material respects with any Law applicable to the Company or any Company Subsidiary, as the case may be, relating to the security of Personal Information to which the Company (or the Company Subsidiary, as the case may be), or Third Parties acting on the Company’s behalf, any Company Subsidiary’s behalf or otherwise having authorized access to the Company’s or any Company Subsidiary’s records, have access or otherwise collect or handle. To the knowledge of the Company, the Company’s and each Company Subsidiary’s information security practices conform, and at all times have conformed, in all material respects with (i) any information security statements made by Company or any Company Subsidiary, as the case may be, in its respective Privacy Policies at the time each Privacy Policy was in effect and (ii) all of the contractual commitments of the Company or any Company Subsidiary, as the case may be, including, but not limited to, any contractual commitments to analytics providers, data providers, publishers, advertisers and advertising networks, exchanges and advertising networks, through which Company Offerings are offered. The Company and each Company Subsidiary has made no statements to the general public regarding the information security practices of the Company or any Company Subsidiary, as the case may be, other than those made in its respective Privacy Policies. No Actions have been asserted or, to the knowledge of the Company, are threatened against the Company or any Company Subsidiary by any Person with respect to the security of Personal Information. To the knowledge of the Company, there has been no unauthorized access to or unauthorized disclosure or use of Personal Information owned or licensed by the Company or any Company Subsidiary or in the Company’s or any Company Subsidiary’s possession or control by or to any Third Party, including any Governmental Entity.

Privacy; Data Security. (a) At a)At all times since inceptionit began selling any Company Offering, the Company and any Company Subsidiary has provided accurate notice of its privacy practices on all of its websites and these notices have not contained any material omissions of the Company’s (or the Company Subsidiary’s, as the case may be) privacy practices or practices concerning the collection, use, and disclosure of Personal Information or information about a user or consumer that is not 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”). The privacy policy or policies providing this notice and the periods each policy has been in effect are set forth in Section 3.18(a3.17(a) of the Company Disclosure Schedule (hereinafter collectively, the “Privacy Policies”). The privacy practices of the Company or any Company Subsidiary, as the case may be, conform, and at all times have conformed, in all material respects to their respective Privacy Policies at the time each Privacy Policy was in effect and with any public statements regarding the privacy practices of the Company or any Company Subsidiary, as the case may beCompany. The Company and each Company Subsidiary has complied in all material respects with all Laws relating to: (i) the privacy of users of (including Internet or mobile users who view or interact with) the Company Offerings and all of the websites of the Company or any Company Subsidiary, as the case may beCompany, and (ii) the collection, use, storage, retention, disclosure, and disposal of any Personal Information or Non-Personal Information collected by the Company or any Company SubsidiaryCompany, or by Third Parties acting on the Company’s behalf or any Company Subsidiary’s behalf or having authorized access to the Company’s or any Company Subsidiary’s records. The Privacy Policies and practices of the Company or any Company Subsidiary, as the case may be, 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 the Company or any Company Subsidiary, as the case may be, including to viewers of the websites of the Company or any Company Subsidiary, as the case may be and users of (including Internet users who view or interact with) the Company Offerings and the contractual commitments of the Company or any Company Subsidiary, as the case may be, through which Company Offerings are offered. The Company’s and each Company Subsidiary’s Privacy Policies and the Company 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 the Company Offerings, the Company and each Company Subsidiary has not disclosed, and does not have any obligation to disclose, any Personal Information or Non-Personal Information to any Third Party. The Company, each Company Subsidiary, the Company’s websites, each Company Subsidiary’s websites, and the Company 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 Company’s or any Company Subsidiary’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 Company, are threatened against the Company or any Company Subsidiary 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 Company, at all times since inception, the Company and each Company Subsidiary has complied in all material respects with any Law applicable to the Company or any Company Subsidiary, as the case may be, relating to the security of Personal Information to which the Company (or the Company Subsidiary, as the case may be), or Third Parties acting on the Company’s behalf, any Company Subsidiary’s behalf or otherwise having authorized access to the Company’s or any Company Subsidiary’s records, have access or otherwise collect or handle. To the knowledge of the Company, the Company’s and each Company Subsidiary’s information security practices conform, and at all times have conformed, in all material respects with (i) any information security statements made by Company or any Company Subsidiary, as the case may be, in its respective Privacy Policies at the time each Privacy Policy was in effect and (ii) all of the contractual commitments of the Company or any Company Subsidiary, as the case may be, including, but not limited to, any contractual commitments to analytics providers, data providers, publishers, advertisers and advertising networks, exchanges and advertising networks, through which Company Offerings are offered. The Company and each Company Subsidiary has made no statements to the general public regarding the information security practices of the Company or any Company Subsidiary, as the case may be, other than those made in its respective Privacy Policies. No Actions have been asserted or, to the knowledge of the Company, are threatened against the Company or any Company Subsidiary by any Person with respect to the security of Personal Information. To the knowledge of the Company, there has been no unauthorized access to or unauthorized disclosure or use of Personal Information owned or licensed by the Company or any Company Subsidiary or in the Company’s or any Company Subsidiary’s possession or control by or to any Third Party, including any Governmental Entity.