License Agreement - Trusted Universal Standards in Electronic Transactions (TRUSTe) and LifeMinders.com Inc.
TRUSTe License Agreement Rev 4.3
This agreement (the "Agreement"), once signed below by both parties ("Effective
Date") represents the agreement between Trusted Universal Standards in
Electronic Transactions ("TRUSTe") and (Lifeminders.com)(the "Licensee") with
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respect to Licensee's participation in the TRUSTe Program and use of the
TRUSTe/SM/ service mark (the "Mark") and the use of the TRUSTe "children's seal
mark" (the "Children's Mark"). For purposes of Sections 2, 3, 4, 5, 6, 9, and
10, the term "Mark" shall include both the Mark and Children's Mark. By signing
this Agreement Licensee agrees to the terms, conditions and program requirements
set forth herein (the "Program Requirements"). The Program Requirements, as
defined in Section 1, may be amended from time to time by TRUSTe at its
reasonable discretion with 30 days prior written or electronic notice, at which
time Licensee has the right to terminate this Agreement and receive a prorated
amount of the license fees paid hereunder. For the purposes of this Agreement,
the term "Recorded Notice" shall include both written notice and electronic
notice that are received.
1. Program Requirements. The TRUSTe program (the "Program") is intended to
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promote fair information practices with regard to the collection of
Personally Identifiable Information at Web Sites in order to promote the
Internet as a trustworthy environment for conducting business, education,
communication and entertainment activities. "Personally Identifiable
Information" refers to any information that can be used to identify,
contact, or locate a person. This includes information that is used in a
way that is personally identifiable, including linking it with
identifiable information from other sources, or from which other
personally identifiable information can easily be derived, including but
not limited to name, address, phone number, fax number, email address,
personal profiles, personal preferences, financial profiles, social
security number, credit card information, and IP addresses. Personally
Identifiable Information does not include information that is collected
anonymously (i.e., without identification of the individual user) or
demographic information. TRUSTe agrees to name an account representative
for Licensee within 30 days of the effective date. Licensee agrees to the
following program requirements.
A. Site Coordinator. Name a coordinator for the Site (defined in
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Section 2 below) (the "Site Coordinator"). All notices between
TRUSTe and Licensee shall be directed to the designated Site
Coordinator and designated TRUSTe account representative, which
either party may change upon Recorded Notice to the other.
B. The Mark. Licensee shall display the Mark on Licensee's Web site
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in a location subject to TRUSTe's reasonable approval, such as the
home page or where information is collected, and link the Mark to
Licensee's Privacy Statement. Licensee must provide TRUSTe with
the URL(s) of the Mark(s) and must provide TRUSTe five calendar
days prior Recorded Notice of changing the URL(s).
C. Privacy Statement(s). Licensee shall maintain and abide by a
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privacy statement that is written by Licensee, approved by TRUSTe,
and is easily accessible at Licensee's Site ("Privacy Statement").
a. Privacy Statements must include a statement explaining
that the Web site is a licensee of the TRUSTe program.
This statement shall include how users can contact the
Site as well as TRUSTe for concerns regarding the Site's
Privacy Statement. The Privacy Statement must display the
TRUSTe "click to verify seal" html display, and link the
seal to the appropriate verification page located on
TRUSTe's secure server. The verification page will confirm
the Site's participation in the TRUSTe program as
specified in Appendix A.
b. Privacy Statements must reside on Licensee's server (or
that of third party with whom
<PAGE>
Licensee has contracted for use of a server for the Site) unless
otherwise agreed to in writing or email by TRUSTe and Licensee.
Licensee must provide TRUSTe with the URL(s) of the Privacy
Statement(s) and must provide TRUSTe Recorded Notice five calendar
days prior to changing the URL(s).
D. Coordinator's Site. Licensee Shall provide TRUSTe with the contact
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information for the Site Coordinator, contact information for at least
one individual that can provide contact information of other individuals
that have access to or control of information being collected and used:
URL(s) of the Site's Privacy Statement(s); and URL(s) of the Mark(s)
using TRUSTe's Coordinator's Site (TRUSTe's licensees only area located
on TRUSTe's Web site).
E. Collection and Use Practices. Licensee shall disclose the Site's
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Information collection and use practices prior to or at the time of
collection via its Privacy Statement(s), including each of the
following:
a. What personally identifiable information is collected.
b. The organization collecting the information.
c. How the information may be used.
d. With whom the information may be shared, if at all.
e. What choices are available regarding collection, use and
distribution of the information.
f. What kinds of security procedures are in place to protect the loss,
misuse or alteration of information in organization's possession or
control.
g. Whether users are offered access to their information and how they
may have inaccuracies corrected.
F. Choice (Opt-out). Licensee shall offer the user the opportunity to
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exercise choice (opt-out) regarding how Personally Identifiable
Information collected from users may be used or distributed when such
use or distribution is unrelated to the purpose for which the
information was collected except to the extent required by law, court
order, or as requested by other government or law enforcement authority.
Licensee shall offer the user the opportunity to opt-out regarding (1)
how Personally Identifiable Information collected from such users may be
used when such use is unrelated to the purpose for which the information
was collected; and (2) how Personally Identifiable Information collected
from such users may be distributed to third parties when such
distribution is unrelated to the purpose for which the information was
collected. If Licensee does not offer the user such a choice to opt out
upon the execution of this Agreement, Licensee agrees to implement such
a mechanism no later than June 30, 1999.
G. Security. Licensee must implement reasonable procedures to protect
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Personally Indentifiable Information within its control from loss,
misuse or unauthorized alteration. If Licensee collects, uses, or
disseminates information, such as credit card numbers or social security
numbers, it shall utilize commercially accepted protocols, such as
encryption, to protect information sent over the internet.
H. Data Quality and Access. Licensee shall take reasonable steps when
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creating, maintaining, using or disseminating Personally Identifiable
Information, to assure that the data are accurate, complete and timely
for the purposes for which they are to be used. If not already in place
at the execution of this Agreement, Licensee agrees to implement no
later that June 30, 1999 appropriate processes or mechanisms to allow
users to correct inaccuracies in material Personally Identifiable
Information, such as account or contact information. These processes and
mechanisms must be simple and easy to use, and shall confirm to users
assurances that inaccuracies have been corrected.
I. Children's Program. If in TRUSTe's reasonable judgement, the Site is
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directed at children under the age of 13 or at users whose ages are
known to be under the age of 13. Licensee of that Site shall also abide
by the requirements of TRUSTe's Children Seal Program attached as
Appendix B.
J. Displaying Personally Identifiable Information. Licensee shall not make
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Personally Identifiable
<PAGE>
information available to the general public in any form (including, on-line
directories and customer lists) without the prior written or electronic
consent of the individual identified unless (a) the information is already
publicly available; (b) required by law, court order, or as requested by
other government or law enforcement authority; (c) the information is posted
by the user to an on-line bulletin board, chat room, new groups, or other
public forum. Licensees who offer on-line directories must delete information
from the Site upon the user's request even if the information is publicly
available. Publicly available information includes information about an
individual that is available to the general public from non-governmental
sources such as telephone directories, classified ads, newspaper reports,
publications, or other forms of information.
K. Use of Personally Identifiable Information. Licensee shall treat all
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Personally Identifiable Information gathered on the Site in accordance with
the Site's Privacy Statement(s). If Licensee wishes to change its use of
Personally Identifiable Information. Licensee shall first notify TRUSTe of
changes and shall first take reasonable measures to obtain the consent of the
user to whom it pertains, such as obtaining written or electronic consent of
the user. With prior written approval by TRUSTe, Licensee may post prominent
notices on the Site about the change of such policy and leave such notices
posted for at least thirty days prior to implementation of the new use and
description of how to notify Licensee to not permit such use. Licensee shall
specify in their Privacy Statement how users will be notified of changes in
the use of Personally Identifiable Information.
L. Reviews. Licensee shall cooperate with TRUSTe to ensure compliance with the
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Program, Program Requirements and Privacy Statement. TRUSTe may, itself or
through an independent third party designated by TRUSTe, review the Privacy
Statement(s) and the Web Site periodically, to assess the level of
consistency and quality of use of the Mark on the Site and the consistency
and quality of the Site's Privacy Statement(s) and related privacy practices,
and Licensee's conformance with the Program Requirements throughout the term
of the Agreement. Such reviews may consist of Web Site reviews (initial and
periodic reviews) conducted at TRUSTe's offices, tracking unique identifiers
in the Site's database (seeding), and monitoring changes in Licensee's
Privacy Statement(s). On-Site privacy compliance reviews may be used as part
of TRUSTe's oversight process should TRUSTe have reason to believe Licensee
is in non-compliance with this Agreement. To comply with this paragraph 1(L),
Licensee agrees to:
a. At no change to TRUSTe or its representatives, provide full access to
the Site (i.e., including password access to premium or members only
areas) and reasonable access to Licensee's records for the purpose of
conducting reviews to ensure that Licensee's stated privacy practices
are consistent with actual practices. At Licensee's discretion, TRUSTe
may be required to sign a confidentiality agreement prior to reviewing
materials required under this Section.
b. Be subject to an on-site compliance review in response to complaints
from end users or TRUSTe. If Licensee has breached this Agreement,
Licensee agrees to reimburse TRUSTe for the reasonable cost of any such
review and promptly rectify the practice to TRUSTe's reasonable
satisfaction. TRUSTe shall provide, at a minimum, ten days written
notice to Licensee prior to initiation of an on-site review and perform
its review during Licensee's normal business hours. TRUSTe shall use its
reasonable effort to accommodate Licensee's schedule and shall perform
its review in such a manner as to not unreasonably interfere with
Licensee's operations.
c. Respond within five business days to all reasonable TRUSTe inquiries
about Licensee's implementation of the Program at the Site and its
conformance with the Privacy Statement.
d. Review and update the contact information for Licensee's representative
assigned to provide TRUSTe contact information of individuals that have
access to or control of information being gathered and/or tracked. Such
information shall not be disclosed by TRUSTe to third parties and shall
only be used by TRUSTe, or an independent party designated by TRUSTe,
solely for the purpose of verifying Licensee's compliance with
<PAGE>
this Agreement.
e. Provide, upon TRUSTe's reasonable request, information regarding
how information gathered and/or tracked is used. Such information
shall not be disclosed to third parties and shall only be used by
TRUSTe, or an independent party designated by TRUSTe. solely for
the purpose of verifying Licensee's compliance with this
Agreement.
M. User Complaints. Licensee shall provide users with reasonable
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appropriate means, which may include a variety of mechanisms, to
ensure that users have a simple and effective way to submit concerns
regarding Licensee's privacy practices. Licensee shall respond to all
reasonable user inquires within five business days. Licensee shall
also reasonably cooperate with TRUSTe's efforts to resolve questions
aid concerns on behalf of the user.
N. Under investigation. Licensee warrants at the time of entering this
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Agreement that they are not currently under formal investigation, of
which they have been notified, relating to the use of Personally
Identifiable information by any known governmental agency in any
country, including without limitation the United States Federal Trade
Commission or any European Community privacy ombudsman. If an existing
Licensee becomes the subject of any such investigation or a defendant
in an action by any of the aforementioned authorities, it shall
provide the name of the agency, the purpose of the investigation and
the status of the investigation to TRUSTe within thirty days of
learning of such investigation or action.
0. Notice of Investigation. Promptly give notice to TRUSTe upon the
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notice or commencement of any investigation of the type described in
paragraph 1(N). The course of action taken by TRUSTe will be on a
case-by-case basis depending on the purpose of the investigation.
2. License Grant. Subject to the terms and conditions of this Agreement,
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TRUSTe grants to Licensee a non-exclusive, royalty-free, worldwide,
non-transferable license to use, reproduce, and publicly display copies of
the Mark in the form provided by TRUSTe to Licensee on the following single
Web Site (the "Site"): http:// lifeminders.com Licensee may not use or
---------------
reproduce the Mark in any manner other than as described in this Agreement.
Licensee's use of the Mark is limited to the Site only, and no license is
provided to use the Mark on any other Site or on any products or materials
of any kind produced by Licensee. Licensee may not sublicense the use of
the Mark, except as necessary to a third party who provides the hosting
service for Licensee's Site in order to allow the display of the Mark on
the Site.
3. Ownership of the Mark: Quality Control.
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A. Acknowledgment: Nonassistance. Licensee acknowledges that TRUSTe (or
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its licensor) is the sole and exclusive owner of all trademarks,
service marks, copyrights and other intellectual property rights of
any kind In the Mark (including its use as a "Pending Mark", A Pending
Mark is defined as the Mark or Children's Mark with a notice stating
that TRUSTe's review of the Site is pending.) Licensee agrees that:
(a) it shall do nothing inconsistent with such ownership either during
the term of the Agreement or afterwards; (b) it shall use the Mark in
a manner that does not deviate from TRUSTe's rights in the Mark; (c)
it shall take no action that shall interfere with or diminish TRUSTe's
right in the Mark; and (d) it shall use the Mark so as to create a
separate and distinct impression from any other service Mark or
trademark that may be used.
B. Formalities. In order to comply with the requirements of certain
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foreign trademark laws, TRUSTe may need to know if the Site's server
is located in a particular country or countries and other information
regarding such use. Licensee shall supply such information upon
TRUSTe's reasonable request, and shall reasonably cooperate with
TRUSTe to allow It to comply with the formalities of local laws,
including but not limited to by executing applications for
registration as a registered user, executing additional license
agreements suitable for recording with appropriate authorities, by
providing proof of use of the Mark, or by providing or executing other
applicable documents.
C. Non-Alteration. The Mark shall reside on Licensee's server, however,
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Licensee shall not alter
<PAGE>
the Mark in any form, change the data contained within the image, change
the file name of the image, or artificially change the size or shape of
the image(s). If the Mark resides on a server other than Licensee's own
server because a party provides service to Licensee with regard to the
Site. Licensee shall ensure that any such third party conforms to the
requirements of this Agreement with regard to the Mark.
4. Warranty and Disclaimer Licensee Indemnification. The Mark is licensed "AS
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IS" with no warranty of any kind. Licensee shall defend, indemnify and hold
TRUSTe harmless from any third party claims against TRUSTe, its officers,
directors, employees or representatives, arising from or relating to the
Site. Licensee's use of the Mark (except for claims that the Mark or use of
the Mark infringes any rights of third parties) or Licensee's compliance with
the Privacy Statement(s).
5. Term. Unless terminated earlier or extended by the parties in writing, this
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Agreement shall terminate (a) one year from the date that TRUSTe notifies
Licensee that its Privacy Statement has been approved and that it is
authorized to display the Mark on the Site, or (b) one year and thirty days
from the date this Agreement is executed by TRUSTe, whichever is earlier.
Licensee shall need to re-apply and re-qualify for a TRUSTe license upon
termination of this Agreement if it wishes to continue to use the Mark and
participate in the Program.
6. Termination.
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A. Termination for Material Breach. TRUSTe may terminate this Agreement
-------------------------------
upon fourteen calendar days prior written notice to Licensee of a
material breach of this Agreement, unless the breach is corrected to
TRUSTe's reasonable satisfaction within the fourteen calendar day
period. Material breaches include but are not limited to: (a) Licensee's
use of the Mark on the site in a manner inconsistent with the license
granted under this Agreement, any use of the Mark on products or
materials (unless expressly approved in writing as provided below), or
any use otherwise contrary to the provisions of this Agreement; (b)
Licensee's challenge to TRUSTe's ownership of the Mark or the validity
of the Mark; (c) Licensee's failure to adhere to the policies set forth
in Licensee's Privacy Statement, or(d) Licensee's failure to permit or
cooperate with a review of the Privacy Statement or the Site and related
records.
B. Partial Termination/Modification of Mark. Upon ten business days prior
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to written notice, TRUSTe may terminate Licensee's right to use the Mark
on a server in a particular country in which TRUSTe reasonably
determines that the continued use of the Mark in such country may impose
potential liability on TRUSTe or seriously threaten TRUSTe's ownership
of the Mark. In addition, if TRUSTe's use of the Mark is challenged by a
third party or TRUSTe becomes aware of a significant risk of such a
challenge, TRUSTe may at its option uniformly provide its licensees with
a replacement trademark for the Mark which shall become the Mark for all
purposes under this Agreement.
C. Termination for No Cause. Either party may terminate this Agreement at
------------------------
any time upon thirty calendar days prior written notice for any reason,
with or without cause.
D. Effect of Termination. Upon termination of this Agreement, Licensee
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shall immediately cease all use of the Mark. In maintaining a trusting
relationship with its users, Licensee acknowledges it should continue to
treat Personally Identifiable Information received during the term of
the Agreement, prior to the effective date of the termination in
accordance with the Privacy Statement.
7. Fees. Licensee shall pay TRUSTe a one time annual fee in the amount
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determined by the invoice generator available on TRUSTe's Site in effect on
the day that the invoice is generated by Licensee. Fees are based on
Licensee's annual corporate revenue ("Fees"); the annual corporate revenue
for the last fiscal year was:
<PAGE>
[X] $0 - $1 million [_] $25 - $50 million
[_] $1 - $5 million [_] $50 - $75 million
[_] $5 - $10 million [_] $75 million and over
[_] $10 - $25 million
Fees are to be submitted to TRUSTe together with two original copies of this
Agreement executed by Licensee and submitted to TRUSTe for review and
acceptance in TRUSTe's sole discretion. If TRUSTe determines that it does not
wish to enter into this Agreement with Licensee, it shall so notify Licensee
and shall refund the Fees within ten business days of its receipt of this
Agreement and all Fees from Licensee. Otherwise the Fees are non-refundable
unless this Agreement is terminated without cause by TRUSTe, in which case
TRUSTe shall promptly refund a prorated portion of the Fees of the remaining
term.
8. Consequential Damages Waiver. NEITHER PARTY SHALL BE LIABLE TO THE OTHER OR
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ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR
DAMAGES FROM LOST PROFITS OR LOST USE, EVEN IF THE PARTY HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
9. Liability Limitation. Except as stated in Section 1.L(b) and Section 4,
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neither party shall be liable to the other on any claim arising under or
relating to this Agreement, the Program or the Mark for any amount greater
than the amount of fees actually paid by Licensee to TRUSTe under this
Agreement.
10. Right of Publicity. Licensee hereby grants TRUSTe a nonexclusive, royalty-
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free, worldwide license, during the term of this Agreement, to use and
distribute Licensee's name and URL in TRUSTe's Current List of Licensees
located on TRUSTe's publicly accessible Web site and corporate brochures.
TRUSTe will provide Licensee the option of participating in third party
listings and directories such as, TRUSTe's Licensee Directory hosted by
WorldPages (http://www.truste.com); and Alexa Internet identifying TRUSTe
licensees as meta data. Upon termination or expiration of this Agreement,
TRUSTe will immediately remove the Licensee from TRUSTe's Current List of
Licensees located on TRUSTe's publicly accessible Web site. All other such
uses and distributions authorized by TRUSTe prior to the termination or
expiration of this Agreement may continue for thirty days after any such
termination or expiration. Licensee agrees to allow TRUSTe to use its name
and URL on other advertisements, promotional materials and related
collateral ("Marketing Uses"), during the term of this Agreement, with the
prior written or electronic consent of Licensee. If Licensee wishes to use
the Mark for any advertising, promotional or other purposes outside the
scope of the Agreement, it may do so only with the prior written or
electronic consent of TRUSTe as to each such use.
11. Miscellaneous.
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A. Governing Law; Jurisdiction; Attorney's Fees. This Agreement shall be
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construed in accordance with, and governed by, the laws of the State of
California. In any action to interpret or enforce this Agreement, the
prevailing party shall be awarded all court costs and reasonable
attorneys' fees incurred.
B. Entire Agreement; Waiver; Relationship of the Parties. There are no
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promises, covenants, or undertakings between the parties other than
those expressly set forth in this Agreement and the exhibits hereto.
Licensee has read, understood and accepted this Agreement. No waiver of
any provision of this Agreement shall be deemed, or shall constitute, a
waiver of any other provision, nor shall any waiver constitute a
continuing waiver. No waiver shall be binding unless executed in writing
by the parties. Nothing contained in the Agreement shall be construed as
creating a joint venture, partnership, agency or employment relationship
between the parties, and neither party shall have any right to bind the
other or incur any obligation on the other's behalf without the other's
prior written consent. This Agreement and the exhibits hereto
constitutes the entire Agreement between the parties as to the subject
matter hereof, and supersedes all prior and contemporaneous agreements,
representations and understandings between them. This
<PAGE>
Agreement shall not be changed, modified, or amended except by a writing signed
by both parties. This Agreement is not for the benefit of any third party but
nothing in this Agreement shall prevent or interfere with a user of Licensee's
site bringing an action against Licensee for violation of its Privacy Statement.
C. Receipt of Confidential Information
-----------------------------------
a. Definition of Licensee Confidential Information. "Licensee Confidential
------------------------------------------------Information" means
valuable information concerning Licensee's business and not generally
known to the public which is disclosed to TRUSTe. Licensee Confidential
Information may include, but need not be limited to, trade secrets, know-
how, inventions, techniques, processes, algorithms, software programs,
schematics, software source documents, contracts, customer lists,
financial information, sales and marketing and information and business
plans.
b. Confidentiality. TRUSTe agrees to maintain in strict confidence Licensee
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Confidential Information and not to disclose such information to any
person except its officers, employees or consultants to whom it is
necessary for the purposes of operation of the TRUSTe program, and
evaluating the commercial potential of a business relationship with
Licensee or any other purpose which Licensee may hereafter authorize in
writing. TRUSTe represents that all such consultants shall be bound by
the terms of this confidentiality agreement or a similar agreement with
terms no less protective of Licensee's Confidential Information than this
Agreement. TRUSTe shall take reasonable measures to maintain the
confidentiality of Licensee Confidential Information, but not less than
the measures it uses for its own confidential information or similar
type. These obligations shall not apply to the extent that Licensee
Confidential Information includes information which (a) is already known
to TRUSTe at the time of disclosure, which knowledge TRUSTe shall have
the burden of proving; (b) is, or, through no act or failure to act of
TRUSTe, become publicly known; (c) is legally received by TRUSTe from a
third party without restriction on disclosure; (d) is independently
developed by TRUSTe without reference to the Confidential Information of
Licensee; (e) is approved for release by written authorization of
Licensee. This paragraph shall survive any expiration or earlier
expiration of this Agreement.
c. Materials. Unless otherwise agreed to in writing, all materials
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including, without limitation, documents, drawings, models,
apparatus, sketches, designs and lists furnished to TRUSTe by Licensee
which contain Licensee Confidential Information shall remain the property
of Licensee. TRUSTe shall return to Licensee or destroy such materials
and all copies thereof upon the termination of this Agreement or upon the
written request of Licensee.
D. Licensee Contract Information
-----------------------------
Designated Site Coordinator: Jeff Johnson
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Site Coordinator's Email: jjohnson@mindersoft.com
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Site Coordinator's Telephone: (703) 707-8261 ext. 234
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The authorized officers of the parties have executed this Agreement below.
Please verify the information required in the opening paragraph and Sections 2
and 7 has been provided.
Accepted and Agreed by TRUSTe Accepted and Agreed by Licensee
<PAGE>
--------------------------------------------------------------------------------
By Susan Scott By [illegible]
Name Susan Scott Name [illegible]
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Title Executive Director Title President & C.E.O.
Date 3-12-99 Date 3/10/99
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Telephone (703)707-8261 ext. 232
Email schapin@mindersoft.com
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Company Name: LifeMinders.com
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Address: 694 Spring Street
Herndon, VA 20170
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Telephone: (703)707-8261
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Appendix A: TRUSTe Verification Page
1. The following verification page shall be used for sites that are not
directed to children under 13 or which the age of the user is known to be
13 or older.
(Name of Company) is a licensee of the TRUSTe Privacy Program. This
statement discloses the privacy practices for (name of the Web Site).
TRUSTe is an independent, non-profit initiative whose mission is to build
users' trust and confidence in the Internet by promoting the principles of
disclosure and informed consent. Because this site wants to demonstrate its
commitment to your privacy, it has agreed to disclose its information
practices and reviewed for compliance by TRUSTe. By displaying the TRUSTe
mark, this Web site has agreed to notify you of:
. What personally identifiable information of yours is collected
. What organization is collecting the information
. How the information is used
. With whom the information may be shared
. What choices are available to you regarding collection, use and
distribution of the information
. What kind of security procedures that are in place to protect the loss,
misuse or alteration of information under the company's control
. How you can correct any inaccuracies in the information.
If you have questions or concerns regarding the site's privacy statement,
you should first contact the company at (enter email address, phone number,
mailing address, etc.). If you do not receive acknowledgment of your
inquiry or your inquiry has not been satisfactorily addressed, you should
then contact TRUSTe (http://www.truste.org/users/users_watchdog.html).
To return to the Site, please use the "Back" button on your browser.
<PAGE>
2. The following verification page shall be used as notice to parents for sites
that are directed to children under 13 or which the age of the user is known to
be under 13.
(Name of Company) is a licensee of the TRUSTe Privacy Program. This statement
discloses the privacy practices for (name of the Web Site).
TRUSTe is an independent, non-profit initiative whose mission is to build users'
trust and confidence in the Internet by promoting the principles of disclosure
and informed consent. Because this site wants to demonstrate its commitment to
your privacy, it has agreed to disclose its information practices and have its
privacy practices reviewed for compliance by TRUSTe. By displaying the TRUSTe
mark, this Web site has agreed to notify you of:
. What personally identifiable information of yours is collected
. What organization is collecting the information
. How the information is used
. With whom the information may be shared
. What choices are available to you regarding collection, use and
distribution of the information
. What kind of security procedures that are in place to protect the loss,
misuse or alteration of information under the company's control
. How you can correct any inaccuracies in the information.
The site has also agreed to the following Children's requirements when a visitor
is under 13 years old. The site will:
1. NOT collect online contact information without prior parental consent or
parental notification, which will include an opportunity for the parent
to prevent use of the information and participation in the activity.
Without prior parental consent, online information will only be used to
respond directly to the child's request and will not be used for other
purposes without prior parental consent.
2. NOT collect personally identifiable offline contact information without
prior parental consent.
3. NOT distribute to third parties any personally identifiable information
without prior parental consent.
4. NOT give the ability to publicly post or otherwise distribute personally
identifiable contact information without prior parental consent.
5. NOT entice by the prospect of a special game, prize or other activity,
to divulge more information than is needed to participate the activity.
If you have questions or concerns regarding the site's privacy statement, you
should first contact the company at (enter email address, phone number, mailing
address, etc.). If you do not receive acknowledgment of your inquiry or your
inquiry has not been satisfactorily addressed, you should then contact TRUSTe
(http://www.truste.org/users/users_watchdog.html).
To return to the Site, please use the "Back" button on your browser.
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Appendix B: TRUSTe's Children's Seal Program
TRUSTe recognizes the special privacy protection that needs to be afforded to
children. Licensees whose online activities are directed at children must
display TRUSTe's Children Mark and must abide by the Children's Seal
Requirements. If Licensee's online activities are not directed at children,
however the age of the visitors is known to be under 13. Licensee is not
required to display the TRUSTe's Children's Mark, however Licensee must abide by
the Children's Seal Requirements.
Children's Seal Requirements.
<PAGE>
1. If a Licensee's Site is directed at children under 13 or if the age of
visitors is known to be under the age of 13, Licensee agrees at that Site it
will NOT:
A. Collect online contact information from a child under 13 without prior
parental consent or direct parental notification of the nature and
intended use of this information, which shall include an opportunity
for the parent to prevent use of the information and participation in
the activity. Where prior parental consent is not obtained, online
contact information shall only be used to directly respond to the
child's request and shall not be used to re-contact the child for
other purposes.
B. Collect personally identifiable offline contact information from
children under 13 without prior parental consent.
C. Distribute to third parties any Personally identifiable information
collected from a child under 13 without prior parental consent.
D. Give the ability to children under 13 to publicly post or otherwise
distribute personally identifiable contact information without prior
parental consent, and will make best efforts to prohibit a child from
posting any contact information.
E. Entice a child under 13 by the prospect of a special game, prize or
other activity, to divulge more information than is needed to
participate in such activity.
2. Licensee shall place prominent notice where personally identifiable
information is collected, requesting the child to ask a parent for
permission to answer the questions.