Common use of Use of User Data Clause in Contracts

Use of User Data. (i) The Company's use, license, sublicense and sale of any User Data collected from users at ▇▇▇.▇▇▇▇▇.▇▇▇ and any co-branded websites which the Company manages have complied in all material respects with the Company's published privacy policy at the time such User Data was used, licensed, sublicensed or sold, as applicable, (collectively, the "Privacy Policies"), excluding any violation that, if disclosed, would not reasonably be expected to result in a material claim against the Company. (ii) The Company is in compliance in all material respects with all U.S. and, to the Knowledge of the Company, non-U.S. applicable Laws and contractual obligations binding on the Company that relate to or govern the compilation, use and transfer of User Data. (iii) There is no Action (including any audit or investigation) pending or, to the Knowledge of the Company, threatened, by any Person or any Governmental Authority involving the use, disclosure or transfer of any User Data by the Company, nor, to the Knowledge of the Company, has the Company been contacted by any Governmental Authority regarding the use, disclosure or transfer of any User Data by the Company. (iv) None of the Privacy Policies currently in effect prohibits the transfer of User Data to Parent and its Affiliates pursuant to Parent's acquisition of the websites, products and other assets of the Company pursuant to this Agreement (it being understood that, following such transfer, such User Data remains subject to the applicable use limitations set forth in such Privacy Policies). (v) To the Knowledge of the Company, no Person has obtained unauthorized access to User Data stored on the computer systems of the Company (including, without limitation, any User Data contained in any hard copy printouts), nor has there been any other unauthorized acquisition of material computerized data of the Company (including, without limitation, any data contained in any hard copy printouts) that has compromised the security, confidentiality or integrity of any User Data maintained by the Company in any material manner.

Use of User Data. (i) Section 3.7.15.1 The Company's ’s use, license, sublicense and sale of any User Data collected from users at ▇▇▇.▇▇▇▇▇.▇▇▇ any website operated by the Company or its Affiliates and any co-branded websites which the Company manages have complied in all material respects with the Company's ’s applicable published privacy policy at the time such User Data was used, licensed, sublicensed or sold, as applicable, collected (collectively, the "“Privacy Policies"”), excluding any violation that, if disclosed, would not reasonably be expected to result in a material claim against the Company. (ii) Section 3.7.15.2 The Company is in compliance in all material respects with all U.S. and, to the Knowledge of the Company, non-U.S. applicable Applicable Laws and contractual obligations binding on the Company that relate to or govern the compilation, use and transfer of User Data. (iii) Section 3.7.15.3 There is no Action Proceeding (including any audit or investigation) pending or, to the Knowledge of the Company, threatened, by any Person or any U.S. Governmental Authority involving the use, disclosure or transfer of any User Data by the Company, nor, to the Knowledge of the Company, has the Company been contacted by any U.S. Governmental Authority regarding the use, disclosure or transfer of any User Data by the Company. (iv) Section 3.7.15.4 None of the Privacy Policies currently in effect or any law or regulation restricts, or limits or prohibits the transfer of User Data to Parent Buyer and its Affiliates pursuant to Parent's acquisition of the websites, products and other assets of the Company pursuant to as contemplated by this Agreement or otherwise limit Parent, Buyer or the Surviving Corporation succeeding to all rights and privileges of Company with respect to such User Data (it being understood that, following such transfer, such User Data remains will remain subject to the applicable use limitations set forth in such Privacy Policies). (v) Section 3.7.15.5 To the Knowledge of the Company, no Person has obtained unauthorized access to User Data stored on the computer systems of owned and operated by the Company (including, without limitation, any User Data contained in any hard copy printouts), nor has there been any other unauthorized acquisition of material computerized data of the Company (including, without limitation, any data contained in any hard copy printouts) that has compromised the security, confidentiality or integrity of any User Data maintained by the Company in any material manner.