Common use of Privacy Policies Clause in Contracts

Privacy Policies. Part 2.10(n) of the Disclosure Schedule contains each Company Privacy Policy in effect at any time and identifies, with respect to each Company Privacy Policy: (i) the period of time during which such privacy policy was or has been in effect; (ii) whether the terms of a later Company Privacy Policy apply to the data or information collected under such privacy policy; and (iii) if applicable, the mechanism (such as opt-in, opt-out or notice only) used to apply a later Company Privacy Policy to data or information previously collected under such privacy policy. Each Company Privacy Policy in effect at any time: (i) is or was incorporated into the applicable Company User Agreement, (ii) states that User Data and Personal Data may be transferred in a merger, acquisition, reorganization, or sale of assets, (iii) states that User Data and Personal Data may be transferred to the United States for processing, and (iv) states how User Data and Personal Data are collected by any Company Web Site or any Company Software. The Company requires each user of the Company Web Site and Company Software to agree and consent to the applicable Company Privacy Policy. The Company and the Company Software has complied at all times and in all material respects with all of the Company Privacy Policies and with all applicable Legal Requirements and Company commitments pertaining to privacy, User Data and Personal Data. Neither the execution, delivery or performance of this Agreement or any of the other agreements referred to in this Agreement nor the consummation of any of the transactions contemplated by this Agreement or any such other agreements, nor, to the Knowledge of the Company, Parent’s possession or use of the User Data and Personal Data immediately following the Closing and used in a manner permitted by the applicable Company Privacy Policy, will result in any violation of any Company Privacy Policy or any Legal Requirement pertaining to privacy, User Data or Personal Data.

Privacy Policies. Part 2.10(n2.10(o) of the Disclosure Schedule contains each Company Privacy Policy in effect at any time and identifies, with respect to each Company Privacy Policy: (i) the period of time during which such privacy policy was or has been in effect; (ii) whether the terms of a later Company Privacy Policy apply to the data or information collected under such privacy policy; and (iii) if applicable, the mechanism (such as opt-in, opt-out or notice only) used to apply a later Company Privacy Policy to data or information previously collected under such privacy policy. Each Company Privacy Policy in effect at any time: (i) is or was incorporated into the applicable Company User Agreement, (ii) states that User Data and Personal Data may be transferred in a merger, acquisition, reorganization, or sale of assets, (iii) states that User Data and Personal Data may be transferred to the United States for processing, and (iv) states how User Data and Personal Data are collected by any Company Web Site or any Company Software. The Company requires each user of the Company Web Site and Company Software to agree and consent to the applicable Company Privacy Policy. The Company and the Company Software has complied at all times and in all material respects with (i) all of the Company Privacy Policies Policies, applicable to such times, (ii) any third-party privacy policies applicable to Company, and with (iii) all applicable Legal Requirements and Company commitments pertaining to privacy, data security, User Data or Personal Data. Except as described in Part 2.10(o) of the Disclosure Schedule, Company has had at all times the right to receive, collect, retain, disclose, store, transfer, dispose or otherwise use (collectively, “Use”) the User Data and Personal DataData received by Company, and Company at all times has required all applicable Persons to obtain the right for Company to Use the User Data in accordance with the most current Company Privacy Policy. Neither the execution, delivery or performance of this Agreement or any of the other agreements Transactional Agreements referred to in this Agreement nor the consummation of any of the transactions contemplated by this Agreement or any such other agreements, nor, to the Knowledge of the Company, Parentnor Purchaser’s indirect possession or use of the User Data and Data, Personal Data immediately following or any data or information in the Closing and used Company Databases, nor Purchaser’s indirect possession of the User Data, Personal Data or any data or information in the Company Databases, constitutes a manner permitted by the applicable Company Privacy Policy, will result in any violation of any Company Privacy Policy or any Legal Requirement pertaining to privacy, data security, User Data or Personal Data. No claim is pending or has been, to Company’s Knowledge, threatened against Company alleging a violation of any Person’s rights under any Company Privacy Policy or otherwise pertaining to privacy, data security, User Data or Personal Data.

Privacy Policies. Part 2.10(n2.10(o) of the Disclosure Schedule contains each Company Privacy Policy in effect at any time and identifies, with respect to each Company Privacy Policy: (i) the period of time during which such privacy policy was or has been in effect; (ii) whether the terms of a later Company Privacy Policy apply to the data or information collected under such privacy policy; and (iii) if applicable, the mechanism (such as opt-in, opt-out or notice only) used to apply a later Company Privacy Policy to data or information previously collected under such privacy policy. Each Company Privacy Policy in effect at any time: (i) is or was incorporated into the applicable Company User Agreement, (ii) states that User Data and Personal Data may be transferred in a merger, acquisition, reorganization, or sale of assets, (iii) states that User Data and Personal Data may be transferred to the United States for processing, and (iv) states how User Data and Personal Data are collected by any Company Web Site or any Company Software. The Company requires each user of the Company Web Site and Company Software to agree and consent to the applicable Company Privacy Policy. The Company and the Company Software has complied at all times and in all material respects with (i) all of the Company Privacy Policies Policies, applicable to such times, (ii) any privacy obligations contained in any written Contracts between the Company and with its customers, and (iii) all applicable Legal Requirements and Company commitments pertaining to privacy, data security, User Data or Personal Data. Except as described in Part 2.10(o) of the Disclosure Schedule, Company has had at all times the right to receive, collect, retain, disclose, store, transfer, dispose or otherwise use (collectively, “Use”) the User Data and Personal DataData received by Company, and Company at all times has required all applicable Persons to obtain the right for Company to Use the User Data in accordance with the most current Company Privacy Policy. Neither the execution, delivery or performance of this Agreement or any of the other agreements Transactional Agreements referred to in this Agreement nor the consummation of any of the transactions contemplated 20 by this Agreement or any such other agreements, nor, to the Knowledge of the Company, Parent’s possession or use of the User Data and Personal Data immediately following the Closing and used in constitutes a manner permitted by the applicable Company Privacy Policy, will result in any violation of any Company Privacy Policy or any Legal Requirement pertaining to privacy, data security, User Data or Personal Data. No claim is pending or has been, to Company’s Knowledge, threatened against Company alleging a violation of any Person’s rights under any Company Privacy Policy or otherwise pertaining to privacy, data security, User Data or Personal Data.

Privacy Policies. Part 2.10(n2.10(o) of the Disclosure Schedule contains each Company Privacy Policy in effect at any time and identifies, with respect to each Company Privacy Policy: (i) the period of time during which such privacy policy was or has been in effect; (ii) whether the terms of a later Company Privacy Policy apply to the data or information collected under such privacy policy; and (iii) if applicable, the mechanism (such as opt-in, opt-out or notice only) used to apply a later Company Privacy Policy to data or information previously collected under such privacy policy. Each Company Privacy Policy in effect at any time: (i) is or was incorporated into the applicable Company User Agreement, (ii) states that User Data and Personal Data may be transferred in a merger, acquisition, reorganization, or sale of assets, (iii) states that User Data and Personal Data may be transferred to the United States for processing, and (iv) states how User Data and Personal Data are collected by any Company Web Site or any Company Software. The Company requires each user of the Company Web Site and Company Software to agree and consent to the applicable Company Privacy Policy. The Company and the Company Software has complied at all times and in all material respects with all of the Company Privacy Policies Policies, applicable to such times, any third-party privacy policies applicable to Company, and with all applicable Legal Requirements and Company commitments pertaining to privacy, data security, User Data or Personal Data. Except as described in Part 2.10(o) of the Disclosure Schedule, Company has had at all times the right to receive, collect, retain, disclose, store, transfer, dispose or otherwise use (collectively, “Use”) the User Data and Personal DataData received by Company, and Company at all times has required all applicable Persons to obtain the right for Company to Use the User Data in accordance with the most current Company Privacy Policy. Neither the execution, delivery or performance of this Agreement or any of the other agreements Transactional Agreements referred to in this Agreement nor the consummation of any of the transactions contemplated by this Agreement or any such other agreements, nor, to the Knowledge of the Company, Parentnor Purchaser’s indirect possession or use of the User Data and Data, Personal Data immediately following or any data or information in the Closing and used in Company Databases, constitutes a manner permitted by the applicable Company Privacy Policy, will result in any violation of any Company Privacy Policy or any Legal Requirement pertaining to privacy, data security, User Data or Personal Data. No claim is pending or has been since inception been to Company’s Knowledge, threatened against Company alleging a violation of any Person’s rights under any Company Privacy Policy or otherwise pertaining to privacy, data security, User Data or Personal Data.