Common use of Privacy Policies and Privacy Legal Requirements Clause in Contracts

Privacy Policies and Privacy Legal Requirements. No statement on any Company Product or any Company Site, or in any Company Privacy Policy, has been misleading, deceptive or in violation of any Privacy Legal Requirement. In the past three (3) years, the Company and its Subsidiaries have complied at all times with all: Company Privacy Policies, all Privacy Legal Requirements and all filings, registrations and certifications made with respect to such Privacy Legal Requirements. The execution, delivery and performance of this Agreement and any Related Agreements and the consummation of the Transactions will comply with all Company Privacy Policies and Privacy Legal Requirements. Neither the Company nor any of the Subsidiaries has exceeded its rights to data provided or accessed under any Contract. Neither the Company nor any of the Subsidiaries uses or has used (whether or not in anonymous form or for the purpose of improving any Company Product) any data directly or indirectly provided by, or obtained from, any counter party to any Contract, except in compliance with the applicable Contract. Neither the Company nor any of the Subsidiaries sell any Private Data. The systems, products and services of the Company and each of the Subsidiaries are adequate and sufficient to meet the requirements of all applicable Privacy Legal Requirements with respect to the protection of the privacy and confidentiality of all Private Data present, stored, used or processed in connection with such systems, products or services. The Company and each of the Subsidiaries have at all times taken reasonable steps intended to ensure that all Private Data is protected against loss, destruction or damage and against unauthorized access, use, modification, disclosure or other misuse and, to the Knowledge of the Company, there has been no loss, destruction or damage of or unauthorized access to or other misuse of Private Data in the past three (3) years. In the past three (3) years, there is not and has not been any complaint to, or any audit, proceeding, or to the Knowledge of the Company, any (i) investigation (formal or informal) or (ii) Action of or against the Company, any of its Subsidiaries, or any of their customers (in the case of customers, to the extent relating to any Company Product or Company Site or the practices of the Company or any of its Subsidiaries or any Person performing for the Company or any of its Subsidiaries) by any private party, the Federal Trade Commission, any state attorney general or any other Governmental Entity, in each case, with respect to the collection, storage, hosting, use, disclosure, transmission, transfer, disposal, possession, interception, other processing or security of any Private Data by the Company or any of its Subsidiaries. To the Knowledge of the Company, there are no facts or circumstances that could constitute a reasonable basis for such an Action. There has been no Order or government or third-party settlement affecting the collection, storage, hosting, use, disclosure, transmission, transfer, disposal, possession, interception, other processing or security of any Private Data by or for the Company or any of its Subsidiaries.

Privacy Policies and Privacy Legal Requirements. No To the Knowledge of the Company, no statement on any Company Product or any Company Site, or in any Company Privacy Policy, has been misleading, deceptive or in violation of any Privacy Legal Requirement. In the past three (3) years, the Company and its Subsidiaries have complied at all times with all: Company Privacy Policies, all Privacy Legal Requirements and all filings, registrations and certifications made with respect to such Privacy Legal Requirements, in each case, in all material respects. The execution, delivery and performance of this Agreement and any Related Agreements and the consummation of the Transactions will comply with all Company Privacy Policies and Privacy Legal RequirementsRequirements in all material respects. Neither the Company nor any of the Subsidiaries has exceeded its rights in any material respect to data provided or accessed under any Contract. Neither the Company nor any of the Subsidiaries uses or has used (whether or not in anonymous form or for the purpose of improving any Company Product) any data directly or indirectly provided by, or obtained from, any counter party to any Contract, except in compliance with the applicable Contract. Neither the Company nor any of the Subsidiaries sell any Private Data. The systems, products and services of the Company and each of the Subsidiaries are adequate and sufficient to meet the requirements of all applicable Privacy Legal Requirements in all material respects with respect to the protection of the privacy and confidentiality of all Private Personal Data and Tracking Data present, stored, used or processed in connection with such systems, products or services. The Company and each of the Subsidiaries have at all times taken reasonable all steps intended reasonably necessary to ensure that all Private Personal Data and Tracking Data is protected against loss, destruction or damage and against unauthorized access, use, modification, disclosure or other misuse and, to the Knowledge of the Company, and there has been no loss, destruction or damage of or unauthorized access to or other misuse of Private Personal Data in the past three (3) yearsor Tracking Data. In the past three (3) years, there is not and has not been any complaint to, or any audit, proceeding, or to the Knowledge of the Company, any (iA) investigation (formal or informal) or (iiB) Action of or against the Company, any of its Subsidiaries, or any of their customers (in the case of customers, to the extent relating to any Company Product or Company Site or the practices of the Company or any of its Subsidiaries or any Person performing for the Company or any of its Subsidiaries) by any private party, the Federal Trade Commission, any state attorney general or any other Governmental Entity, in each case, with respect to the collection, storage, hosting, use, disclosure, transmission, transfer, disposal, possession, interception, other processing or security of any Private Data by the Company or any of its Subsidiaries. To the Knowledge of the Company, there are no facts or circumstances that could constitute a reasonable basis for such an Action. There has been no Order or government or third-party settlement affecting the collection, storage, hosting, use, disclosure, transmission, transfer, disposal, possession, interception, other processing or security of any Private Data by or for the Company or any of its Subsidiaries.

Privacy Policies and Privacy Legal Requirements. Section 2.13(q) of the Disclosure Schedule identifies (i) (by effective date) each Company Privacy Policy that the Company or any of its Subsidiaries has made publicly available (“Public Privacy Policy”) in effect at any time since the inception of the Company and its Subsidiaries and identifies the period of time during which such Public Privacy Policy was in effect and (ii) any other Company Privacy Policy currently in effect. All Company Privacy Policies have been Made Available. The Company and each of its Subsidiaries at all times has posted the applicable Public Privacy Policy(ies) on each of its websites, applications, and other online services (“Company Sites”), in a manner readily available to visitors and current and potential users and in material compliance with all Privacy Legal Requirements. No statement on any Company Product or any Company Site, or in any Company Privacy Policy, has been misleading, deceptive or in violation of any Privacy Legal Requirement. In the past three (3) years, the The Company and its Subsidiaries have complied in all material respects at all times with all: Company Privacy Policies, all Privacy Legal Requirements Requirements, and all filings, registrations and certifications made with respect to such Privacy Legal Requirements. The execution, delivery and performance of this Agreement and any Related Agreements and the consummation of the Transactions will comply with all Company Privacy Policies and Privacy Legal Requirements. Neither The Company and its subsidiaries have full rights, without necessity of separate consent, to transfer to Parent all Private Data collected or otherwise maintained by or for the Company nor and its Subsidiaries. The Company has complied at all times with any obligations relating to Private Data of any third party under the terms of any Contracts to which the Company or its Subsidiaries is or has been a party. Section 2.13(q) of the Disclosure Schedule accurately identifies (and the Company has Made Available a true, correct, and complete copy of) each letter or other written or electronic communication or correspondence that has been sent or otherwise delivered by or to the Company, any of its Subsidiaries, or any of their representatives regarding any actual, alleged or suspected violation of any Privacy Legal Requirement by the Company, any of its Subsidiaries, or any Person performing for the Company or any of its Subsidiaries, any of the Subsidiaries has exceeded Company’s or any of its rights Subsidiaries’ customers or users (to data provided the extent relating to a Company Product or accessed under Company Site or any Contract. Neither activities of any Person performing for the Company nor or any of the Subsidiaries uses its Subsidiaries) or has used (whether or not in anonymous form or for the purpose of improving any Company Product) any data directly Product or indirectly provided byCompany Site, or obtained from, any counter party to any Contract, except in compliance with the applicable Contract. Neither the Company nor any and provides a brief description of the Subsidiaries sell any Private Data. The systems, products and services current status of the Company and each matter referred to in such letter, communication or correspondence. As of the Subsidiaries are adequate and sufficient to meet the requirements of all applicable Privacy Legal Requirements with respect to the protection of the privacy and confidentiality of all Private Data present, stored, used or processed in connection with such systems, products or services. The Company and each of the Subsidiaries have at all times taken reasonable steps intended to ensure that all Private Data is protected against loss, destruction or damage and against unauthorized access, use, modification, disclosure or other misuse and, to the Knowledge of the Company, there has been no loss, destruction or damage of or unauthorized access to or other misuse of Private Data in the past three (3) years. In the past three (3) yearsAgreement Date, there is not and has not been any complaint to, or any audit, proceeding, or to the Knowledge of the Companyinquiry, any (i) investigation (formal or informal) or (ii) Action of or against the Company, any of its Subsidiaries, or any of their customers (in the case of customers, to the extent relating directly to any Company Product or Company Site or the practices of the Company or any of its Subsidiaries or any Person performing for the Company or any of its Subsidiaries) by any private party, the Federal Trade Commission, any state attorney general or any other Governmental Entity, in each case, with respect to the collection, storage, hosting, use, disclosure, transmission, transfer, disposal, possession, interception, other processing or security of any Private Data by the Company or any of its Subsidiaries. To the Knowledge of the Company, there are no facts or circumstances that could constitute a reasonable basis for such an Action. There has been no Order or government or third-party settlement affecting the collection, storage, hosting, use, disclosure, transmission, transfer, disposal, possession, interception, other processing or security of any Private Data by or for the Company or any of its Subsidiaries.. To the Knowledge of the Company, as of the Agreement Date there are no facts or circumstances that would reasonably be expected to constitute a reasonable basis for such an Action. There has been no Order or government or third-party settlement affecting in any material respect the collection, storage, hosting, use, disclosure, transmission, transfer, disposal, possession, interception, other processing or security of any Private Data by or for the Company or any of its Subsidiaries. 41

Privacy Policies and Privacy Legal Requirements. Section 2.14(h) of the Disclosure Schedule identifies (by effective date) each Company Privacy Policy in effect at any time since the inception of the Company and its Subsidiaries and identifies the period of time during which such Company Privacy Policy was in effect. The Company and each of its Subsidiaries at all times has posted the applicable Privacy Policy(ies) on each of its websites, applications, and other online services (“Company Sites”), in a manner readily available to visitors and current and potential users and in compliance with all Privacy Legal Requirements. No statement on any Company Product or any Company Site, or in any Company Privacy Policy, has been misleading, deceptive deceptive, or in violation of any Privacy Legal Requirement. In the past three (3) years, the The Company and its Subsidiaries have complied at all times with all: Company Privacy Policies, all Privacy Legal Requirements and all filings, registrations and certifications made with respect to such Privacy Legal Requirements. The execution, delivery and performance of this Agreement and any Related Agreements and the consummation of the Transactions will comply with all Company Privacy Policies and Privacy Legal Requirements. Neither The Company and its Subsidiaries have full rights, without necessity of separate consent, to transfer to Parent all Private Data collected or otherwise maintained by or for the Company nor and its Subsidiaries. The Company has complied at all times with any privacy policies and obligations relating to Private Data of any third party under the terms of any Company Contract. Section 2.14(h) of the Disclosure Schedule accurately identifies (and the Company has Made Available a true, correct, and complete copy of) each letter or other written or electronic communication or correspondence that has been sent or otherwise delivered by or to the Company, any of its Subsidiaries, or any of their representatives regarding any actual, alleged or suspected violation of any Privacy Legal Requirement by the Company, any of its Subsidiaries, or any Person performing for the Company or any of its Subsidiaries, any of the Subsidiaries has exceeded Company’s or any of its rights Subsidiaries’ customers or users (to data provided the extent relating to a Company Product or accessed under Company Site or any Contract. Neither activities of any Person performing for the Company nor or any of the Subsidiaries uses its Subsidiaries) or has used (whether or not in anonymous form or for the purpose of improving any Company Product) any data directly Product or indirectly provided byCompany Site, or obtained from, any counter party to any Contract, except in compliance with the applicable Contract. Neither the Company nor any and provides a brief description of the Subsidiaries sell any Private Data. The systems, products and services current status of the Company and each of the Subsidiaries are adequate and sufficient matter referred to meet the requirements of all applicable Privacy Legal Requirements with respect to the protection of the privacy and confidentiality of all Private Data presentin such letter, stored, used communication or processed in connection with such systems, products or servicescorrespondence. The Company and each of the Subsidiaries have at all times taken reasonable steps intended to ensure that all Private Data is protected against loss, destruction or damage and against unauthorized access, use, modification, disclosure or other misuse and, to the Knowledge of the Company, there has been no loss, destruction or damage of or unauthorized access to or other misuse of Private Data in the past three (3) years. In the past three (3) years, there There is not and has not been any complaint to, or to the Knowledge of the Company any audit, proceeding, or to the Knowledge of the Company, any (i) investigation (formal or informal) or (ii) Action of or against the Company, any of its Subsidiaries, or any of their customers (in the case of customers, to the extent relating to any Company Product or Company Site or the practices of the Company or any of its Subsidiaries or any Person performing for the Company or any of its Subsidiaries) by any private party, the Federal Trade Commission, any state attorney general or any other Governmental Entity, in each case, with respect to the collection, storage, hosting, use, disclosure, transmission, transfer, disposal, possession, interception, other processing or security of any Private Data by or for the Company or any of its Subsidiaries. To the Knowledge of the Company, there are no facts or circumstances that could constitute a reasonable basis for such an Action. There has been no Order or government or third-party settlement affecting the collection, storage, hosting, use, disclosure, transmission, transfer, disposal, possession, interception, other processing or security of any Private Data by or for the Company or any of its Subsidiaries.

Privacy Policies and Privacy Legal Requirements. Copies of all Company Privacy Policies that the Company or any of its Subsidiaries has made publicly available have been Made Available. The Company and each of its Subsidiaries at all times has posted the applicable Company Privacy Policy(ies) on each of its websites, applications, and other online services (“Company Sites”), in a manner readily available to visitors and current and potential users and in compliance with all Privacy Legal Requirements. No statement on any Company Product or any Company Site, or in any Company Privacy Policy, has been misleading, deceptive or in violation of any Privacy Legal Requirement. In the past three (3) years, the The Company and its Subsidiaries have complied at all times with all: Company Privacy Policies, all Privacy Legal Requirements Requirements, and all filings, registrations and certifications made with respect to such Privacy Legal Requirements. The execution, delivery and performance of this Agreement and any Related Agreements and the consummation of the Transactions will comply with all Company Privacy Policies and Privacy Legal Requirements. Neither the The Company nor any and its subsidiaries have full rights, without necessity of the Subsidiaries has exceeded its rights separate consent, to data provided transfer to Parent all Private Data collected or accessed under any Contract. Neither the Company nor any of the Subsidiaries uses or has used (whether or not in anonymous form otherwise maintained by or for the purpose of improving any Company Product) any data directly or indirectly provided by, or obtained from, any counter party to any Contract, except in compliance with the applicable Contract. Neither the Company nor any of the Subsidiaries sell any Private Data. The systems, products and services of the Company and each of the Subsidiaries are adequate and sufficient to meet the requirements of all applicable Privacy Legal Requirements with respect to the protection of the privacy and confidentiality of all Private Data present, stored, used or processed in connection with such systems, products or servicesits Subsidiaries. The Company and each of the Subsidiaries have has complied at all times taken reasonable steps intended with any obligations relating to ensure that all Private Data of any third party under the terms of any Contracts to which the Company or its Subsidiaries is protected against loss, destruction or damage and against unauthorized access, use, modification, disclosure or other misuse and, to the Knowledge has been a party. As of the Company, there has been no loss, destruction or damage of or unauthorized access to or other misuse of Private Data in the past three (3) years. In the past three (3) yearsAgreement Date, there is not and has not been any complaint to, or any audit, proceeding, inquiry, investigation or to the Knowledge of the Company, any (i) investigation (formal or informal) or (ii) Action of or against or involving the Company, any of its Subsidiaries, or any of their customers (in the case of customers, to the extent relating to any Company Product or Company Site or the practices of the Company or any of its Subsidiaries or any Person performing for the Company or any of its Subsidiaries) by any private party, the Federal Trade Commission, any state attorney general or any other Governmental Entity, in each case, with respect to the collection, storage, hosting, use, disclosure, transmission, transfer, disposal, possession, interception, other processing or security of any Private Data by or for the Company or any of its Subsidiaries. To the Knowledge of the Company, as of the Agreement Date there are no facts or circumstances that could would reasonably be expected to constitute a reasonable basis for such an Action. There has been no Order or government or third-party settlement affecting in any material respect the collection, storage, hosting, use, disclosure, transmission, transfer, disposal, possession, interception, other processing or security of any Private Data by or for the Company or any of its Subsidiaries.