Privacy

Last updated: October 10, 2003

Overview At DigitalProduce, Inc., protecting our users' privacy and security is a top priority. For this reason, we have adopted the following policy to advise you of your choices regarding the use of your personal information online. This policy describes what types of information we gather about you, how we use it, under what circumstances we disclose it to third-parties, and your rights to update or correct it.

Scope of Policy
This Policy applies to DigitalProduce, Inc. It does not apply to other companies' or organizations' web sites to which we link. You should carefully review the privacy policies of those web sites in order to determine how they treat your personal information.

Information Gathered From All Visitors and Users

Aggregate Data:
We gather certain generic information with respect to customers' use of our web site, such as the number of unique visitors, the frequency with which they visit, and the areas on the web site that they favor. These statistics are very much like television ratings that tell the networks how many people tuned in to a program. We only use this type of data in aggregate - that is, we look at the data on a collective basis, in summary form, rather than on an individual basis. This data helps us determine the extent to which our customers use certain parts of our web site, which, in turn, enables us to make it as appealing as possible. We may also provide statistical "ratings" about how our customers collectively use our web site to advertisers, sponsors, and other companies with which we do business ("Business Partners"). We do this so they, too, can understand how often people use their areas of the site in order for them to provide you with the best possible experience. These statistical ratings do not contain any personally identifiable information about you or any of our users.

Cookies:
We use a technology nicknamed "cookies" on our web site. Cookies are pieces of information or data sent to your browser from a web server and stored on your computer's hard drive for record-keeping purposes. We use cookies to make your visit to our web site easier. For example, cookies allow us to recognize you when you re-enter our web site so that you will not have to sign-in each time you visit. Most browsers are initially set up to accept cookies. If you prefer, you can reset your browser to notify you when you've received a cookie or, alternatively, to refuse to accept cookies. It is important to note that you may not be able to use the core functionality of this site if you choose not to accept cookies. In addition, you will not be able to participate in any applicable sweepstakes, contests or drawings.

IP Addresses:
We collect and analyze traffic on our web site by keeping track of the IP addresses of our visitors. An IP address is a unique number assigned to your computer when you are using your browser on the Internet. We log this information so that we can monitor things like the number of visitors visiting the web site.

When You Send A FlashedMail:
If you use our web sites to send a FlashedMail or other content, we collect your e-mail address and your recipient's e-mail address. This information is necessary to send the content and provide confirmation that it has been received. We may also use your e-mail address to contact you if you have chosen to receive communications from DigitalProduce, Inc. or its Partners. (See Opt-Out/Changing Your Status, below).

Personalizing Your Experience on the Web Site:
We try to personalize your experience on our web sites by tracking FlashedMail and other content you have sent in order to shape our recommendations about the FlashedMail, and other goods and services that might be of interest to you. We also examine customer traffic patterns and web site usage to help us enhance the design and layout of the site and make it easier to navigate.

From time to time, we may send you surveys or solicit your feedback. We use surveys to gauge user interest in new products and services we may offer. We may ask for your feedback on FlashedMails and other site features. We will use the information we gather to improve our sites and provide a more meaningful experience for our users. We may also use the information to alert you to offers and products in which you have expressed an interest.

USES OF PERSONAL INFORMATION
We may use the information we have collected about you in four ways:

1. To send personalized, targeted information that we think our users will find relevant from DigitalProduce or their Business Partners; 2. To send promotions and coupons based on the user's interests; 3. To contact the user for feedback and surveys; and 4. To send the user other information about DigitalProduce, Inc.

These communications may come via e-mail, postal mail, or telephone.

Order Fulfillment
From time to time, you may be given the opportunity to order products and services directly from DigitalProduce, Inc. To process your order, you may be asked to provide your name, street address, e-mail address, phone number, and credit card information. DigitalProduce, Inc. will limit the types of information shared to the minimum necessary to efficiently process your order.

Privacy of FlashedMail Information
We treat all of our FlashedMail products as private correspondence between the sender and the recipient and will not disclose the contents of any FlashedMail other than to the intended recipient, except under the specific situations outlined in Disclosure Exceptions, below. This policy applies to all aspects of our FlashedMail products, including your personalized messages. Under normal circumstances, we will not monitor or edit the contents of the FlashedMail products you send. On occasion, however, we may need to view your message in connection with the technical processing of your FlashedMail products or the maintenance of our network. Also, if you ask one of our customer service representatives to help you send a FlashedMail product or to verify that a FlashedMail product was sent, that representative will be able to access all information about the FlashedMail product, including the recipient's e-mail address and the message.

Disclosure Exceptions
Notwithstanding the above policies, we reserve the right to disclose your personal information to appropriate third-parties if we are required to do so by law or we believe that such action is necessary: To comply with legal process such as a search warrant, subpoena or court order; To protect the company's rights and property; To investigate reports of users sending material using a false e-mail address or users sending harassing, threatening, or abusive messages; To protect against misuse or unauthorized use of our web site and/or the DigitalProduce, Inc. service; or During emergencies, such as when we believe someone's physical safety is at risk.

Opt-Out/Changing Your Status
At any time, you can change choices you have previously made as to the use of your personal information. Every communication DigitalProduce, Inc. sends you will contain a clearly worded "Opt-Out" or "Unsubscribe" link allowing you to withdraw your permission for future mailings. This system is automated and must be contacted from the email address you wish to have removed.

Protection For Children - COPPA Compliance
We are committed to protecting the privacy and rights of children online. We believe that children should be able to use the Internet in a safe, productive, and efficient manner and should be afforded the highest protection available with respect to their personal information. To that end, we have made it our policy to not collect any individually identifiable information from users whom we know are under the age of 13.

The Children's Online Privacy Protection Act ("COPPA") imposes certain requirements upon web sites and online services that are directed toward children. To learn more about COPPA, visit the Federal Trade Commission COPPA Web Site.

Contests and Promotions
Occasionally, DigitalProduce, Inc. may sponsor contests and/or promotions on our sites or in our e-mail products. Participation in such contests is purely voluntary. In order to enter a contest or promotion, you may be asked to provide personally identifiable information. By entering, you agree to all of its terms and conditions, which will be clearly outlined in the rules. Where a contest or promotion is not sponsored by DigitalProduce, Inc., the identity of the sponsor will be clearly disclosed in the rules. Neither DigitalProduce, Inc. nor its affiliates can be responsible for actions or policies of third-party contest sponsors. Users are encouraged to review the relevant privacy policy of the sponsor before entering.

Sale of Assets
In the event that DigitalProduce, Inc. and/or its affiliates or subsidiaries are ever sold, acquired, merged, liquidated, reorganized, or otherwise transferred, we reserve the right to transfer our user databases together with any personally identifiable information contained therein, to a third-party acquiring DigitalProduce, Inc.'s assets. In the event we do so, we will place a prominent notice of the sale on the homepage of our site, with links to information as to how you can change your privacy preferences.

Changes to the Privacy Policy
DigitalProduce, Inc. will occasionally update this Privacy Policy in response to changing business circumstances and legal developments. When DigitalProduce, Inc. posts changes to this Policy, the "Last Updated" date at the top of this page will be changed. If there are material changes to this Policy or in how DigitalProduce, Inc. uses your personally identifiable information, DigitalProduce, Inc. will prominently post such changes prior to implementing the change. DigitalProduce, Inc. encourages you to periodically review this Policy to be informed of how we are protecting your information.

Use Common Sense in All Your Online Activities
Even the best policy can't protect your online privacy and security in all circumstances. Unscrupulous advertisers, hackers, and scam artists are constantly searching the Internet looking for new targets. Your best protection is to understand the limits to privacy on the Internet and use common sense in all of your on-line activities.

Be aware that e-mail is an inherently insecure form of communication. Remember that third parties are sometimes able to illegally intercept your unencrypted messages, including FlashedMail products.

Anytime you visit a chat room or post a message to an on-line bulletin board, your e-mail address can be accessed by advertisers looking to compile lists for unsolicited commercial e-mail (also known as spam). Be sure that you only disclose your e-mail address in circumstances in which it is safe to do so.

Beware of scams in which persons unknown to you request your screen name, password, or credit card information. Make sure you verify the identity of anyone asking for personal information.

Always monitor your children's on-line activities and educate them as to the rules for safe Internet use. For more information, visit the Internet Education Foundation's Online Safety Guide for Kids.

If you have any questions about the privacy policy, please feel free to contact us at DigitalProduce.com.

DigitalProduce, Inc. • 1330 N. Dutton Ave., Suite 203, Santa Rosa, CA 95401 • (707) 576-8677