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OPENWEBU PRIVACY POLICY I. INTRODUCTION This web site is owned and operated by OpenWebU (“we”, “our”, or “us” or the “Company”). We understand you value your privacy. We want to make your experience online satisfying and safe. This privacy policy (the “Policy”) governs information you provide to us or that we learn from your use of this web site (the “Site”). This Policy tells you how we may collect, use, and in some instances share this information. Our policies may differ from other service offerings and you should carefully review the terms of service and this privacy notice before using these services. The OpenWebU Privacy Policy is governed by the OpenWebU Terms of Service and assumes the same eligibility requirements for Site usage. This Site is intended for users above the age of 13. As such, we are committed to protecting children's privacy online and meeting the requirements of the federal Children's Online Privacy Protection Act. II. COLLECTED INFORMATION In general, you can visit the Site without telling us who you are or revealing any personally identifiable information about yourself. If you choose to register, and are 13 years of age or older, we will collect: • your name, date of birth, email address, phone and street address along with other information you may choose to submit, and you will choose a password as part of the registration process (“Personal Information”); • if you register as a Publisher, we may also ask you to provide additional organizational information (“Organizational Information”) such as company name, title, address and website; • We collect transactional information based on your activities on the Site (such as buying, selling, item and content you generate or that relates to your account); • community discussions, chats, dispute resolution, correspondence through our sites and correspondence sent to us; • other information from interaction with our Site, Services, content and advertising including computer and connection information, statistics on page view, traffic to and from the site, ad data, IP address, browser types and standard web log information; • additional information we ask you to submit to authenticate yourself such as ID additional questions online. When you sign up, you create a User ID and your User ID is displayed throughout OpenWebU (and so available to the public), and is connected to all of your OpenWebU activity. Other users can when you are on-line. This User ID can differ from your name. You acknowledge that your choice of User ID can enable people to personally identify you if you associate your name with your User ID. Other users can see items or classes for sale, feedback, ratings and comments associated with a User ID. Consequently, notices sent to other community members about suspicious activity and policy violations on our sites refer to User IDs. If you have purchased an item or class from a Publisher, that Publisher can see your User ID. Publishers who have registered with OpenWebU have agreed to comply with OpenWebU’s Privacy Policy and respect the privacy of other users. In all cases, Publishers must give other users a chance to remove themselves from their own databases if they exist, and have an opportunity to review what information you have collected about them. We do not display to users other than the Publisher with whom you have completed a transaction, information on the items or classes you have purchased. By providing your Personal or Organizational Information to us, you explicitly agree to our collection and use of such information as described in this Policy. If you choose to provide us with Personal and Organizational Information, you consent to the transfer and storage of that information on our servers in the United States. III. USING INFORMATION FROM OPENWEBU OpenWebU enables you to share personal and financial information to complete transactions to buy or to sell Classes and other items on OpenWebU. To help protect your privacy, for Students, we allow only limited access to other users' contact, such as User ID and email address, to facilitate your transactions or to engage in email or chat. In the case of Publishers, the public can have access to the name, telephone number and mailing address of the designated contact within your company to correspond about other products and services offered by your company. As part of this process, we encourage you to respect the privacy of other users. All users who register to sell or buy content on OpenWebU -- Publishers, Students and other Users - agree to follow OpenWebU’s privacy policies. Violations of this privacy policy are not limited to but include harvesting or otherwise collect information about users including email addresses, without their consent, and posting email communications from private parties or post an individual’s contact information online. However, you understand that we cannot guarantee the privacy or security of your information and therefore we encourage you to evaluate the privacy and security policies of your trading partner or Publisher before entering into a transaction and choosing to share your information. As an example, to complete financial transactions, users sign onto Third Party systems such as Paypal and are then within the domain of those Third Party system privacy policies. You agree to use user information only for: • OpenWebU transaction-related purposes; • Using services offered through OpenWebU (e.g. fraud complaints), or • Other purposes that a user expressly chooses. IV. BILLING If you use or provide services on the Site, we may collect additional information from you so that we can process and collect billing information. For example, we may collect your mailing address to remit payments, and we may collect other information, such as answers to questions, to validate your identity. V. COOKIES The Site uses software tags called "cookies" (small files placed on your hard drive) to identify customers when they visit our Site. Cookies are used to remember user preferences, customize our services, content and advertising; measure promotional effectiveness, maximize performance of our services, and promote trust and safety. The information we collect with cookies is not sold, rented, or shared with any outside parties. Users who disable their Web browser's ability to accept cookies will be able to browse our Site but will not be able to successfully use our Service. We use both session ID cookies and persistent cookies. A session ID cookie enables us to identify you and maintain your signed-in status, as well as ensure your access to authorized material. A session ID cookie expires when you close you browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser's "help" file. Persistent cookies enable us to track and target the interests of our users to enhance the experience on our Site. This privacy policy covers the use of cookies by our Site only and does not cover the use of cookies by any advertisers. Third Party Cookies: We may from time to time engage third parties to track and analyze non-personally identifiable usage and volume statistical information from visitors to our Site to help us administer our Site and improve its quality. Such third parties may use cookies to help track visitor behavior. Such cookies will not be used to associate individual Site visitors to any Personal Information. All data collected by such third parties on our behalf is used only to provide us with information on Site usage and is not shared with any other third parties. VI. NO SPAM, SPYWARE, SPOOFING OR OTHER VIOLATIONS We and our users do not tolerate spam or other privacy violations. You are not licensed to add other OpenWebU users, even a user who has purchased an item from you, to your mailing list (email or physical mail) if they have not consented to receive marketing communications from you. You may not use our communication tools to send spam or otherwise send content that would violate our Terms of Service. We automatically scan and may manually filter messages to check for spam, viruses, phishing attacks and other malicious activity or illegal or prohibited content, but we do not permanently store messages sent through these tools. To report OpenWebU-related spam or spoof emails to OpenWebU, please forward the email to support@openwebu.com. VII. MARKETING We do not sell or rent your personal information to third parties for their marketing purposes. We may combine your information with information we collect from other companies and use it to improve and personalize our services, content and advertising. If you do not wish to receive marketing communications from us or participate in our ad-customization programs, simply send an email to support@openwebu.com or by following the directions provided with the email communications. VIII. USE Our primary purpose in collecting personal information is to provide you with a safe, smooth, efficient, and customized experience. You agree that we may use your personal information to: • authenticate to provide the services and customer support you request and have purchased; • resolve disputes, collect fees, troubleshoot problems; • manage traffic loads and information technology requirements for providing reliable service; • prevent potentially prohibited or illegal activities, and enforce our Terms of Service; • customize, measure and improve our services, content and advertising; • tell you about our services and those of our corporate family, targeted marketing, service updates, and promotional offers based on your communication preferences; and • compare information for accuracy, and verify it with third parties. IX. OUR DISCLOSURE OF YOUR INFORMATION We may disclose personal information to respond to legal requirements, enforce our policies, respond to claims that a listing or other content violates the rights of others, or protect anyone's rights, property, or safety. Such information will be disclosed in accordance with applicable laws and regulations. We may also share your personal information with: • Third Party payment processing engines like PayPal —to provide joint content and services (like registration, transactions and customer support), to help detect and prevent potentially illegal acts and violations of our policies, and to guide decisions about their products, services and communications. • Service providers under contract who help with our business operations (such as fraud investigations, bill collection). • Other third parties to whom you explicitly ask us to send your information (or about whom you are otherwise explicitly notified and consent to when using a specific service). • Law enforcement or other governmental officials, in response to a verified request relating to a criminal investigation or alleged illegal activity. In such events, we will disclose information relevant to the investigation, such as name, city, state, zip code, telephone number, email address, User ID history, IP address, fraud complaints, and purchasing and listing history. Without limiting the above, in an effort to respect your privacy and our ability to keep the community free from bad actors, we will not otherwise disclose your personal information to law enforcement, other government officials, or other third parties without a subpoena, court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of information is necessary to prevent imminent physical harm or financial loss or to report suspected illegal activity. We may use different available technologies from OpenWebU or from other companies to gather information, including beacons, log files and cookies. X. ACCOUNT PROTECTION Your password is the key to your account. Use unique numbers, letters and special characters, and do not disclose your OpenWebU password to anyone. If you do share your password or your personal information with others, remember that you are responsible for all actions taken in the name of your account. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify OpenWebU at support@openwebu.com and change your password. You also acknowledge that if you do not take precautions in signing out of your account and closing your browser, certain information about you may also be visible to other individuals who use the computer after you if you use a shared computer. You agree that you are responsible for taking adequate precautions in ensuring that your personal information is not accessible when using shared computers or public wireless access points. XI. ACCESSING, REVIEWING AND CHANGING YOUR PERSONAL INFORMATION You can see, review and change most of your personal information by signing on to OpenWebU. Generally, we will not manually modify your personal information because it is very difficult to verify your identity remotely. You must promptly update your personal information if it changes or is inaccurate. Once you make a public posting, you may not be able to change or remove it. Upon your request, we will close your account and remove your personal information from view as soon as reasonably possible, based on your account activity and in accordance with applicable law. We may retain personal information from closed accounts to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our Terms of Service and take other actions otherwise permitted by law. XII. SECURITY We take steps to protect the Personal Information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially reasonable means to protect your Personal Information, we cannot guarantee its absolute security. If we learn of a security systems breach we may attempt to notify you electronically so that you can take appropriate protective steps. By using this Site or providing personal information to us you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of this site. We may post a notice on our Site if a security breach occurs. We may also send an email to you at the email address you have provided to us during registration in these circumstances. XIII. RETENTION OF INFORMATION We will keep Personal Information of our users for as long as they are registered subscribers or users of our products and services, and as permitted by law. XIV. THIRD PARTIES AND LINKING Except as otherwise expressly included in this Privacy Policy, this document addresses only the use and disclosure of information we collect from you. If you disclose your information to others websites linked to our Site, different rules may apply to their use or disclosure of the information you disclose to them. OpenWebU does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. You should review the privacy policy on any web site where you may submit personal information before providing it to any web site. If you conduct a transaction on or through our Site, we will direct you to complete that transaction through Third Parties such as Paypal, who will also ask you for additional information including the credit card number and expiration date, billing address, name on the account and telephone numbers for billing (“Credit Card Information”). The privacy of the information you provide to the Third Party is governed by that Third Party’s Privacy Policy. XV. LEGAL DISCLAIMER We reserve the right to disclose your Personal Information as required by law and when we believe that disclosure doing so in the Company’s interest to protect its property or other legal rights or the rights or property of others. XVI. INTERNATIONAL USERS This Site is hosted and operated in the United States. If you are visiting from the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring your personal data to the United States, which does not have the same data protection laws as the EU and by providing your personal data you consent to: • The use of your personal data for the uses identified above in accordance with this Privacy Policy; and • The transfer of your personal data to the United States as indicated above. XVII. MERGER, SALE OR INSOLVENCY If the Company should ever file for bankruptcy, plan to or have its assets sold to or merge with another entity, information the Company receives from you from this Site is a Company asset that may be transferred in connection with these types of corporate events. Should such a combination occur, we will require that the new combined entity follow this privacy policy with respect to your personal information. If your personal information will be used contrary to this policy, you will receive prior notice. XVIII. CHANGE IN THIS PRIVACY POLICY We may occasionally update this Privacy Policy. When we do, we will also revise the "last updated" date on the Privacy Policy. For changes to this Privacy Policy that may be materially less restrictive on our use or disclosure of personal information you have provided to us, we will attempt to obtain your consent before implementing the change. We encourage you to periodically review this Privacy Policy to stay informed about how we are protecting the personal information we collect. Your continued use of this Site constitutes your agreement to this Privacy Policy and any updates. XIX. CONTACT US If you have questions or concerns regarding this Policy, you should contact support@openwebu.com. Last Updated: 2008-Nov-04