April 30, 2006

ICQ PRIVACY POLICY

The following Privacy Policy applies to your use of the ICQ Services (as defined below). The ICQ Services improves your online experience by offering you access to a variety of features, offerings and content. By registering your ICQ number and/or Compad Screen Name, you gain access to the ICQ Services, which consists of the various services provided by ICQ such as the ICQ instant messaging service, the ICQ Web site, the Compad instant messaging service, and all related servers, directories, listings, message boards, tools, information and databases (collectively the "ICQ Services" or "Services"). Some portions of the ICQ Services may be available to end users who do not register to the ICQ Services. Your ongoing use of the ICQ Services signifies your consent to the information practices disclosed in this Privacy Policy. If you object to any provision of this Privacy Policy please do not proceed with registration and please do not use the ICQ Services

When you register with and/or use the ICQ Services, you may provide ICQ with, or ICQ may otherwise obtain personally identifiable information (your "ICQ Services Information"). This Privacy Policy explains the information practices that apply to your ICQ Services Information. This Privacy Policy applies only to information ICQ collects about you as a user of the ICQ Services. This policy does not apply to information about you collected by third party Web sites and offerings linked to or otherwise accessible from the ICQ Services. The information collected or obtained by these third parties is subject to their own privacy policies. Additionally, in the event you access a service using the ICQ Services which is co-branded with a third party such third party's privacy policy, in addition to the ICQ Privacy Policy, may also apply.

Any reference made in this Privacy Policy to ICQ shall be deemed to have been made to ICQ LLC., its subsidiaries, successors, assignees, affiliates as well as any company that controls ICQ LLC., directly or indirectly, and any other subsidiary of that controlling company.

Collection of your ICQ Services Information

Your ICQ Services Information consists of personally identifiable information provided by you or otherwise collected or obtained by ICQ when you interact with the ICQ Services. Depending on how you use the ICQ Services, your ICQ Services Information may include:

• Registration-related information (such as name, home or work addresses, e-mail addresses, telephone and fax numbers, birth date or gender);
• Information made available by you in Public Areas (as defined below);
• Information about your visits to the various ICQ Services, and your responses to the offerings and advertisements presented on these ICQ Services;
• Information about the searches you perform through the ICQ Services and how you use the results of those searches;
• Information about the ICQ Services or offerings that you use, including, without limitation, how frequently you use them and other related information regarding your usage of the ICQ Services;
• Information about use of features and buttons on the Software (as defined below) to determine which Software features and buttons are most popular and useful to users;
• Transaction-related information (such as credit card or other preferred means of payment, billing or shipping information, or a history of products purchased through the ICQ Services);
• Customer service information about you as an ICQ Services user or subscriber;
• Other information specifically related to your use of a particular ICQ Services service or offering; or
• Certain technical information gathered or received when you use the ICQ Services. Some of the technical information that may be collected or received includes:
• The type of browser you are using (e.g., Netscape, Internet Explorer);
• The type of operating system you are using (e.g., Windows XP or Mac OS), CPU type (e.g. Pentium);
• Your manner of connecting to the Internet (e.g., connection speed through narrowband or broadband access);
• Internet protocol (IP) address; information about the version of service from ICQ that you used prior to registering with the Network;
• Other information about your geographic location, and the domain name of your Internet service provider

Your ICQ Services Information may be supplemented with additional information from other companies.

In addition, many software versions provided by ICQ (e.g. the ICQ instant messaging software and the Compad instant messaging software) ("Software") are configured to automatically report back information relating to computer errors arising in connection with use of the Software, without notice to you. Information on your Software configuration settings may be included. This data is sent to ICQ to help us diagnose performance issues with, and improve, the Software.

How Your ICQ Services Information is Used

Your ICQ Services Information is used to:

• Operate and improve the Software, Web sites, services and offerings available through the ICQ Services;
• Provide to you personalized content and advertisements;
• Fulfill your requests for products, programs, and services;
• Communicate with you and respond to your inquiries;
• Conduct research about your use of the ICQ Services; and
• Help offer you other products, programs, or services that may be of interest to you.

Your ICQ Services Information will not be shared with third parties unless:

• You have published such information in Public Areas (as defined below).


• We have your prior consent to disclose such information;


• We need to disclose such information to fulfill a transaction you have requested;


• We are required to disclose such information to authorized officers of the court in order to comply with valid legal process or to act in other urgent circumstances (as further specified below)


• We need to send such information to a company which works on behalf of ICQ in helping us provide our services to you. In such circumstances we will only provide these companies with the information they need to deliver the service and they will only be permitted to use such data on our request and in accordance with our instructions; and


• You provide information to another party through the ICQ Services which is "Co-Branded" with a third party. Any information you choose to provide on a "Co-Branded" page or through a "Co-Branded" service will be handled by either party and in accordance with this Privacy Policy and the third party privacy policy. A "Co-Branded" page or service is a page or service which bears both the ICQ and third party names, branding, graphics or anything else which makes it clear you are viewing a Co-Branded service. Please make sure to read both the partner's and ICQ's privacy policies before entering or providing information to a Co-Branded page or service.

The contents of your online communications, as well as other information about you as an ICQ Services user (e.g. IP address), may be disclosed (i) to authorized officers of the court in response to legal process (for example, a court order, search warrant or subpoena) or in other circumstances in which ICQ believes the ICQ Services is being used in the commission of a crime or when we have a good faith belief that there is an emergency that poses a threat to the safety of you or another person; or (ii) when necessary either to protect the rights or property of ICQ, the ICQ Services or its affiliated providers, or for us to render the service you have requested.

ICQ may use agents and contractors in order to help operate the ICQ Services. If such agents and contractors have access to personally identifiable information, they are required to protect this information in a manner that is consistent with this Privacy Policy ICQ Services. You should also note that ICQ's operational personnel may be occasionally exposed to random usage traffic going through the ICQ servers.

In the event that ownership of the ICQ Services was to change as a result of a merger, acquisition or transfer to another company, your ICQ Services information may be transferred.

Direct Marketing

During registration to the ICQ Services and at other times during your use of the ICQ Services you may be asked if you would like to receive various promotional offerings from ICQ. Upon receipt of your consent ICQ (or ICQ's business partners) may use your ICQ Services Information to send email, SMS, or any other electronic communications (including, without limitation any electronic means available through the Software) ("Direct Marketing") to you about certain promotions on behalf of selected third parties.

Direct Marketing does not apply to communications and information sent by ICQ (whether by email, through the Software, or other means) that is directly related to your registration with the ICQ Services and the various features (including notifications of new features) contained within the ICQ Services, or the fulfillment of a specific transaction you have requested (for example, a service advisory from the ICQ Services, or an acknowledgment of a purchase order). Please note if you have chosen to use a version of the Software Co-Branded with a third party, Direct Marketing shall not apply to communications and information sent by such third party through the Software that is directly related to your registration with the third party's services and the various features (including notifications of new features) provided to you by such third party, or the fulfillment of a specific transaction you have requested (for example, an acknowledgment of a purchase order). In addition, Direct Marketing does not apply to advertisements provided to you through the ICQ Services, including from ICQ business partners. These business partners and advertisers receive aggregate data about groups of users, but do not receive information that personally identifies you, except if otherwise agreed by you.

Public Areas and My Details Area

If you use the ICQ Services to disclose information about yourself publicly, for example, in or through: chat rooms, message boards, groups, lists, blogs, ICQ directories, your My Details Area (as defined below) or any other area reasonably understood to be a public area (collectively, the "Public Areas"), other online users may obtain access to and use any such information you provide. You should therefore carefully consider whether you wish such information to be accessible by others. You should also note that others may be able to record certain information even if not made available in a Public Area, such as the content at a session (e.g. instant messages) or your IP address. The IP address is an integral part of the TCP/IP standard protocol of the Internet and can be extracted by any party to the communication session using certain software and/or hardware.

The My Details Area is the area on ICQ that users are able create a personal profile for themselves by providing various details about themselves. Users may add details to the My Details Area during registration or any time thereafter through the Software or the ICQ Web sites. You may be required to provide a nickname and/or email address (which will be displayed in the My Details Area) that will be used as your ICQ identifier (e.g. your login name which may be used by others to locate you on ICQ). ICQ does not require you to input any other personally identifiable information about yourself. Except if explicitly stated otherwise, any information you choose to provide in the My Details Area will be deemed to have been provided to a Public Area.

The holder of an ICQ or Compad account and ICQ or Compad password (as applicable) has the ability and discretion to edit the details provided in the My Details Area. For this reason and other reasons it is very important to keep your password in a safe place. It is your responsibility to keep your password and username secure. In some instances additions or amendments to your My Details Area may not be immediately visible to all users (e.g. users who already have that account on their contact list will be required to press "Update" in order to view the new or revised details or information entered).

Please be aware of where you choose to provide information. In certain Public Areas you may not be able to delete the information you have provided. For example, on message boards, chat sessions, or other services that are maintained by third parties (e.g. ICQ lists, ICQ Groups, ICQ virtual private networks etc.).

Cookies and Web Beacons

The ICQ Services may use cookies, web beacons, or similar technologies in combination with your ICQ Services information to enhance and personalize your experience on the ICQ Services, including, without limitation, to operate and improve offerings through the ICQ Services; to help authenticate you when you use the ICQ Services; to remember your preferences and registration information; to enable a shopping cart; to present and help measure and research the effectiveness of ICQ Services offerings, advertisements, and e-mail communications (by determining which Network e-mails you open and act upon); and to customize the content and advertisements provided to you through the ICQ Services.

A cookie is a small text file transferred from ICQ to your computer that records information about your preferences and use of services provided by ICQ. Such cookies may also include cookies which help ICQ to identify your location (ie. by determining your IP address) while others may assist ICQ in remembering certain settings that you have chosen. Web beacons are small pieces of code placed on Web pages that can be used, among other things, to count the users who visit that Web page, or to deliver a cookie to the browser of a user viewing that page. You can control cookies through your browser's settings. If you reject all cookies, however, you may not be able to take advantage of most the ICQ Services offerings.

Our Commitment to Security

ICQ has established safeguards to help prevent unauthorized access to or misuse of your ICQ Services Information, but cannot guarantee that your personally identifiable information will never be disclosed in a manner inconsistent with this Privacy Policy (for example, as a result of unauthorized acts by third parties that violate applicable law or the policies of the ICQ Services and its affiliated providers).

General Internet Hazards

You should be aware that receiving files from third parties, via any application (e.g. ICQ, email, etc.) may be harmful. Before receiving any files from any user, and even if the account from which the file transfer notice is sent looks familiar to you, it is strongly recommended that you verify that the person sending you these files is indeed the person you think he is, for example by asking him for some kind of information known only to the two of you. Please make sure not to receive files from users you do not trust, from users you are not sure they are whom they say they are or whenever you are not sure you want to receive the files.

You should be aware that communications over the Internet are not secure unless they have been encrypted. ICQ does not encrypt your communications. In addition, your communications may be routed through different countries - that is the nature of the Internet. ICQ cannot accept any responsibility for any unauthorised access or loss of Data.

European Union Members - International Transfer of Data

The ICQ Services is international in scope. By using the ICQ Services you consent to your ICQ Services Information being sent and processed in other jurisdictions, including the United States and other jurisdictions outside the European Union and European Economic Area where there may be less stringent data protection laws.

Special Note for Parents

The ICQ Services is intended for a general audience, and children under the age of thirteen are not permitted to register with the ICQ Services. If it comes to ICQ's attention through reliable means that a user of the ICQ Services is under the age of 13 then ICQ may delete such users account.

How to Contact Us

If you have any questions or concerns about the ICQ Services Privacy Policy or its implementation, you may contact us at this email address:

privacy_policy@icq.com

Changes to this Privacy Policy and Additional Information

ICQ may update this Privacy Policy from time to time, therefore you should review this Policy periodically. If there are significant changes to the ICQ 's information practices, you will be provided with appropriate online notice, such as notification on the ICQ Web site. You may be provided other privacy-related information in connection with your use of offerings from the ICQ Services, as well as for special features and services not described in this Privacy Policy that may be introduced in the future.