User Privacy. Seller has Made Available to Purchaser a copy of all online privacy policies of each of the Acquired Companies, as currently in effect and as in effect since January 1, 2010. Each Acquired Company is, and since January 1, 2010 has been, in material compliance with (i) its privacy policies and terms of use (including those posted from time to time on the Acquired Company website at ▇▇▇.▇▇▇▇▇▇▇▇▇▇.▇▇▇); (ii) all other contractual obligations relating to collection, storage, use, dissemination and disposal of personally-identifiable information by the Acquired Companies; and (iii) all applicable Privacy Laws. The execution, delivery and performance of this Agreement complies with and is permitted under all Privacy Laws applicable to the Acquired Companies and with the Acquired Companies’ privacy policies. Except as set forth in Part 3.6(f) of the Disclosure Schedule, since January 1, 2010, each such privacy policy has at all times made all disclosures to users or customers required by applicable Privacy Laws, and none of such disclosures made or contained in any such privacy policy has been in violation of any Privacy Laws. The Acquired Companies have in place commercially reasonable information security and data protection controls, consistent with general industry practices based on the type of data and degree of risk associated with the personal information collected by the Acquired Companies, and there has been no material breach thereof or loss of data in the last five years. None of the Acquired Companies has experienced a “breach of security” as that term is defined under breach notification provisions of applicable Privacy Laws. Since January 1, 2010, none of the Acquired Companies has received any written notice of any Legal Proceeding alleging a violation of any Person’s privacy or data rights or misuse of any personally-identifiable information under applicable Privacy Laws or alleging any non-compliance with Privacy Laws applicable to the Acquired Companies or the Acquired Companies’ privacy policies or terms of use relating thereto.
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User Privacy. Seller has Made Available to Purchaser a copy of all online privacy policies of each of the Acquired CompaniesCompany, as currently in effect and as in effect since January 1, 20102011. Each The Acquired Company is, and since January 1, 2010 2011, has been, in material compliance with (i) its privacy policies and terms of use (including those posted from time to time on the Acquired Company website at ▇▇▇.▇▇▇▇▇▇▇▇▇▇.▇▇▇); (ii) all other contractual obligations relating to collection, storage, use, dissemination and disposal the Processing of personally-identifiable information by the Acquired CompaniesPersonal Information; and (iii) all applicable Privacy Laws. The Acquired Company has obtained all material approvals and licenses necessary to Process such Personal Information and is Processing such Personal Information in accordance with the scope of such approvals and licenses (if any). The execution, delivery and performance of this Agreement complies with and is permitted under all Privacy Laws laws applicable to the Acquired Companies Company and with the Acquired Companies’ Company’s privacy policies. Except as set forth in Part 3.6(f) of the Disclosure Schedule, since January 1, 20102011, each such privacy policy has at all times made all disclosures to users or customers required by applicable Privacy Laws, and none of such disclosures made or contained in any such privacy policy has been in violation of any applicable Privacy Laws. The Acquired Companies have in place Company has commercially reasonable information security and data protection controlscontrols in place, consistent with general industry practices based on the type of data and degree of risk associated with the personal Personal Information and other confidential information collected or maintained by the Acquired CompaniesCompany, and there has been no material breach thereof or loss of data in the last five years. None of the The Acquired Companies Company has not experienced a “breach of security,” as that term is defined under breach notification provisions of applicable Privacy Laws. Since January 1, 20102011, none of the Acquired Companies Company has not received any written notice of any Legal Proceeding alleging a violation of any Person’s privacy or data rights or misuse of any personally-identifiable information Personal Information under applicable Privacy Laws or alleging any non-compliance with Privacy Laws applicable to the Acquired Companies Company or the Acquired Companies’ Company’s privacy policies or terms of use relating thereto, nor is the Acquired Company aware of any facts that would reasonably give rise thereto. Nor, to the knowledge of the Acquired Company, is there any pending investigation of the Acquired Company by any Governmental Body relating to applicable Privacy Laws.
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