Common use of Collection and Use of User Information Clause in Contracts

Collection and Use of User Information. DigitalWork shall ensure that its collection, use and disclosure of information obtained from AOL Users under this Agreement ("User Information") complies with (i) all applicable laws and regulations and (ii) AOL's standard privacy policies, available on the AOL Service at the keyword term "Privacy" (or, in the case of the Co-Branded Site, DigitalWork's standard privacy policies so long as such policies are prominently published on the site and provide adequate notice, disclosure and choice to users regarding DigitalWork's collection, use and disclosure of user information). DigitalWork will not disclose User Information collected hereunder to any third party in a manner that identifies AOL Users as end users of an AOL product or service or use Member Information collected under this Agreement to market another Interactive Service. Notwithstanding anything to the contrary herein, (a) if end users are required to register to access certain features within the co-branded areas, such registration processes will be seamlessly integrated with Netscape's "Universal Registration" or AOL's "SNAP" system and be consistent with AOL's (or the applicable AOL affiliate's) then- current privacy policy; (b) AOL and DigitalWork will jointly own all end user data collected by DigitalWork in conjunction with the use of the Co-Branded Site during any proactive registration process thereon; and (c) DigitalWork may provide communications to AOL users that have specifically requested such communications (e.g., opt-in information about a product or service), provided that any such communication (i) will only promote those products set forth herein as permitted in the Co-Branded Site, (ii) will not promote any Interactive Service or is otherwise inconsistent with the general scope and terms hereof, and (iii) is consistent with AOL's (or the applicable AOL affiliate's) then current privacy policy (e.g., provides a meaningful opportunity to opt back out and terminate receipt of further such communications).

Collection and Use of User Information. DigitalWork Onvia shall ensure that its -------------------------------------- collection, use and disclosure of information obtained from AOL Users under this Agreement ("User Information") complies with (i) all applicable laws and regulations and (ii) AOL's standard privacy policies, available on the AOL Service at the keyword term "Privacy" (or, in the case of the Co-Branded Site, DigitalWorkOnvia's standard privacy policies so long as such policies are prominently published on the site and provide adequate notice, disclosure and choice to users regarding DigitalWorkOnvia's collection, use and disclosure of user information). DigitalWork Onvia will not disclose User Information collected hereunder to any third party in a manner that identifies AOL Users as end users of an AOL product or service or use Member Information collected under this Agreement to market another Interactive Service. Notwithstanding anything to the contrary herein, (a) if end users are required to register to access certain features within the coCo- Branded Site (including the Co-branded areasBranded Site Buying Directory), or the AOL Buying Directory, the Parties will use commercially reasonable best efforts to ensure that such registration processes will be seamlessly integrated with Netscape's "Universal Registration" or AOL's "SNAP" system (or such other registration system developed by AOL) and be consistent with AOLthe respective brand's (or the applicable AOL affiliate's) then- current privacy policy; (b) AOL and DigitalWork will jointly continue to own all end user data collected previously owned by DigitalWork it which is passed on to Onvia via universal registration or any other means in conjunction with the use of the Co-Branded Site during any proactive registration process thereon; and the AOL Buying Directory, and (c) DigitalWork may provide communications to AOL users that have specifically requested such communications (e.g., opt-in information about cases where a product user registers or service), provided that any such communication (i) will only promote those transacts for Onvia's products set forth herein as permitted in and services on the Co-Branded Site, (ii) the User Information collected therefrom will be jointly 47 CONFIDENTIAL [* * *] CONFIDENTIAL TREATMENT REQUESTED. OMITTED PORTIONS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. Execution Copy owned by AOL and Onvia, subject to any express limitations herein. AOL and Onvia may promote products and services to the user base shared by them, provided that such promotions may not promote be for any Interactive Service or is otherwise and may not be inconsistent with the general scope and terms hereof, and (iii) is consistent with AOL's (or the applicable AOL affiliate's) then current privacy policy (e.g., provides a meaningful opportunity to opt back out and terminate receipt of further such communications)this Agreement.

Collection and Use of User Information. DigitalWork Onvia shall ensure that its collection, use and disclosure of information obtained from AOL Users under this Agreement ("User Information") complies with (i) all applicable laws and regulations and (ii) AOL's standard privacy policies, available on the AOL Service at the keyword term "Privacy" (or, in the case of the Co-Branded Site, DigitalWorkOnvia's standard privacy policies so long as such policies are prominently published on the site and provide adequate notice, disclosure and choice to users regarding DigitalWorkOnvia's collection, use and disclosure of user information). DigitalWork Onvia will not disclose User Information collected hereunder to any third party in a manner that identifies AOL Users as end users of an AOL product or service or use Member Information collected under this Agreement to market another Interactive Service. Notwithstanding anything to the contrary herein, (a) if end users are required to register to access certain features within the coCo- Branded Site (including the Co-branded areasBranded Site Buying Directory), or the AOL Buying Directory, the Parties will use commercially reasonable best efforts to ensure that such registration processes will be seamlessly integrated with Netscape's "Universal Registration" or AOL's "SNAP" system (or such other registration system developed by AOL) and be consistent with AOLthe respective brand's (or the applicable AOL affiliate's) then- current privacy policy; (b) AOL and DigitalWork will jointly continue to own all end user data collected previously owned by DigitalWork it which is passed on to Onvia via universal registration or any other means in conjunction with the use of the Co-Branded Site during any proactive registration process thereon; and the AOL Buying Directory, and (c) DigitalWork may provide communications to AOL users that have specifically requested such communications (e.g., opt-in information about cases where a product user registers or service), provided that any such communication (i) will only promote those transacts for Onvia's products set forth herein as permitted in and services on the Co-Branded Site, (ii) the User Information collected therefrom will be jointly owned by AOL and Onvia, subject to any express limitations herein. AOL and Onvia may promote products and services to the user base shared by them, provided that such promotions may not promote be for any Interactive Service or is otherwise and may not be inconsistent with the general scope and terms hereof, and (iii) is consistent with AOL's (or the applicable AOL affiliate's) then current privacy policy (e.g., provides a meaningful opportunity to opt back out and terminate receipt of further such communications)this Agreement.

Collection and Use of User Information. DigitalWork Onvia shall ensure that its collection, use and disclosure of information obtained from AOL Users under this Agreement ("User Information") complies with (i) all applicable laws and regulations and (ii) AOL's standard privacy policies, available on the AOL Service at the keyword term "Privacy" (or, in the case of the Co-Branded Site, DigitalWorkOnvia's standard privacy policies so long as such policies are prominently published on the site and provide adequate notice, disclosure and choice to users regarding DigitalWorkOnvia's collection, use and disclosure of user information). DigitalWork Onvia will not disclose User Information collected hereunder to any third party in a manner that identifies AOL Users as end users of an AOL product or service or use Member Information collected under this Agreement to market another Interactive Service. Notwithstanding anything to the contrary herein, (a) if end users are required to register to access certain features within the coCo- Branded Site (including the Co-branded areasBranded Site Buying Directory), or the AOL Buying Directory, the Parties will use commercially reasonable best efforts to ensure that such registration processes will be seamlessly integrated with Netscape's "Universal Registration" or AOL's "SNAP" system (or such other registration system developed by AOL) and be consistent with AOLthe respective brand's (or the applicable AOL affiliate's) then- current privacy policy; (b) AOL and DigitalWork will jointly continue to own all end user data collected previously owned by DigitalWork it which is passed on to Onvia via universal registration or any other means in conjunction with the use of the Co-Branded Site during any proactive registration process thereon; and the AOL Buying Directory, and (c) DigitalWork may provide communications to AOL users that have specifically requested such communications (e.g., opt-in information about cases where a product user registers or service), provided that any such communication (i) will only promote those transacts for Onvia's products set forth herein as permitted in and services on the Co-Branded Site, (ii) the User Information collected therefrom will be jointly owned by AOL and Onvia, subject to any express limitations herein. AOL and Onvia may promote products and services to CONFIDENTIAL [* * *] CONFIDENTIAL TREATMENT REQUESTED. OMITTED PORTIONS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. Execution Copy the user base shared by them, provided that such promotions may not promote be for any Interactive Service or is otherwise and may not be inconsistent with the general scope and terms hereof, and (iii) is consistent with AOL's (or the applicable AOL affiliate's) then current privacy policy (e.g., provides a meaningful opportunity to opt back out and terminate receipt of further such communications)this Agreement.

Collection and Use of User Information. DigitalWork (a) Except for those *** with -------------------------------------- which *** has a ***: (i) SmartAge shall ensure that its collection, use and disclosure of information obtained from AOL Users under this Agreement ("User Information") complies with (ix) all applicable laws and regulations and (iiy) AOL's standard privacy policies, available on the AOL Service at the keyword term "Privacy" (or, in the case of the Co-Branded SiteSites, DigitalWorkSmartAge's standard privacy policies so long as such policies are prominently published on the site Co- Branded Sites and provide adequate notice, disclosure and choice to users regarding DigitalWorkSmartAge's collection, use and disclosure of user information). DigitalWork (ii) SmartAge will not disclose User Information collected hereunder to any third party in a manner that identifies AOL Users as end users of an AOL product or service or use Member Information collected under this Agreement to market another Interactive Service. (b) Notwithstanding anything to the contrary herein, (ai) if end users are required to register to access certain features within the coCo-branded areasBranded Sites, such registration processes will be seamlessly integrated with Netscape's "Universal Registration" or AOL's "SNAP" system and be consistent with AOL's (or the applicable AOL affiliate's) then- then-current privacy policy; and (bii) AOL and DigitalWork SmartAge will jointly own all end user data collected by DigitalWork SmartAge in conjunction with the use of the Co-Branded Site during any proactive registration process thereon; and (c) DigitalWork may provide communications to AOL users that have specifically requested such communications (e.g., opt-in information about a product or service), provided that any such communication (i) will only promote those products set forth herein as permitted in the Co-Branded Site, (ii) will not promote any Interactive Service or is otherwise inconsistent with the general scope and terms hereof, and (iii) is consistent with AOL's (or the applicable AOL affiliate's) then current privacy policy (e.g., provides a meaningful opportunity to opt back out and terminate receipt of further such communications)Sites.