SIMPLI PRIVACY POLICY

At ValueClick, Inc. (“ValueClick,” “we,” “our,” “us”), we recognize that privacy is important to our users and our clients and we take our responsibility to protect your privacy rights seriously. This Privacy Policy applies to all of the products and services offered by ValueClick through its Simpli.com search engine (“Simpli”).

If you have any questions about this Privacy Policy, please contact us through our Web site or write to us at: ValueClick, Inc., ATTN.: Simpli Privacy Officer, P.O. Box 5600, Westlake Village, California, USA 91361.

Please read this Privacy Policy carefully. By visiting Simpli to conduct Internet searches, or as an advertiser or publisher, and by sharing information with us, you agree to be bound by the terms and conditions of this Privacy Policy.

I. CALIFORNIA RESIDENTS: YOUR PRIVACY RIGHTS
Effective January 1, 2005, companies that collect personally identifiable information (“P.I.I.”) from residents of California and disclose such information to third parties (including affiliated entities) for marketing purposes must, in response to a request by a consumer, either (1) provide a list detailing the categories of information shared and the entities to which such information was provided or (2) provide a mechanism by which a consumer may opt-out of having their information shared with third parties. We have elected the second option and you may request that your P.I.I. not be shared with third parties (including affiliated entities) by sending your request, including your full name, email address and postal address to ValueClick, Inc., Attn: SB 27 Officer, P.O. Box 5600, Westlake Village, CA 91361.

II. INFORMATION WE COLLECT AND HOW WE USE IT
In addition to the specific use of personal information as outlined below, we use the information that we collect to (a) provide our products and services to users, including the presentation of customized content and advertising, (b) audit, research and analyze our services in order to improve the quality of our services, (c) ensure the technical functionality of our network, and (d) develop new products and services for our users.

In order to provide our services to you, we may collect the following types of P.I.I.:

Information you provide to us -

Using Simpli to conduct an Internet search does not require you to register for an account or provide any personal information to us.

When you sign up for an advertiser or publisher account on Simpli, registration is required. This requires that we ask you for, and you provide, certain personal information. For both advertisers and publishers, we require your name, postal address, email address, and telephone number. For advertisers, we collect credit card numbers, expiration dates and “cvv2” numbers to authorize payments for advertiser accounts. For publishers, we require a social security number or a federal tax identification number so that we can process payments under our agreements with you. We use this information for internal business purposes, such as contacting our advertisers and publishers, charging our advertiser’s credit cards as requested by our advertisers, billing our advertisers, providing assistance to advertisers and publishers in managing their accounts, paying publishers, and otherwise serving our clients in the normal course of our business. Also, from time to time, we may communicate with you by email. These email communications may be related to assisting you with your account or providing you with information about our services.

In order to provide our services to you, we may collect the following types of non-personally identifiable information:

Cookies - When you visit Simpli, we send one or more cookies to your computer. A cookie is a small file containing a string of characters that enables us to uniquely identify your browser. We use cookies to improve the quality of our service by storing user preferences and tracking user trends, such as previous searches. Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to advise you of when a cookie is being sent. However, some Simpli features and services- such as our previous searches functionality- may not function properly if your cookies are disabled.

Log information - When you use Simpli services, our servers automatically record information that your browser sends whenever you visit a Web site. These server logs may include information such as your web request, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser.

Information from sites that implemented Simpli’s search technology- We offer some of our services in connection with other Web sites. Personal information that you provide to those sites may be sent to Simpli in order to deliver the service. We process such information in accordance with this Privacy Policy. The affiliated sites may have different privacy practices and we encourage you to read their privacy policies.

Links - Simpli may present links in a format that enables us to keep track of whether these links have been followed and whether or not a transaction occurred. We use this information to improve the quality of our search technology and advertising platform.

III. CHOICES FOR PERSONAL INFORMATION
When you sign up for a particular service that requires registration, we ask you to provide personal information. If we use this information in a manner different the purpose for which it was collected, then we will ask for your consent prior to such use. If we propose to use personal information for any purposes other than those described in this Policy and/or in the specific service notices, we will offer you an effective way to opt out of the use of personal information for those other purposes.

You can decline to submit personal information to any of our services, in which case Simpli may not be able to provide those services to you.

The cookies that we use do not have an "opt-out" option; however, you still have the option of blocking the use of cookies by changing a setting in your Internet browser. However, some Simpli features and services may not function properly if your cookies are disabled.

If you wish to cease receiving email communications from us, you may opt out by contacting us through our Web site or by writing to us at: ValueClick, Inc., ATTN.: Simpli Privacy Officer, P.O. Box 5600, Westlake Village, California, USA 91361.

IV. INFORMATION SHARING
ValueClick only shares personal information with other companies or individuals outside of ValueClick in the following limited circumstances:

We use third party vendors to help us operate our business or administer activities on our behalf. For example, we use a third party payment-processing platform to provide us with the ability to accept credit card payments from advertisers. We may share your information with these third parties for the limited purpose of providing us with these services. Each third-party vendor with access to the personal information of our clients has agreed to protect the confidentiality of information provided by ValueClick.

We and/or our marketing partners may enhance and/or merge P.I.I. with commercially available third party data collected from other sources in an effort to ensure that the messages being sent to the consumer in online and/or offline marketing programs are relevant to their interests. In the event we enhance and/or merge such P.I.I. with data collected from other sources, we will take reasonable steps to maintain the integrity and quality of that information.

We may share P.I.I. (including information that has been enhanced with information from other sources) with co-branded partners, advertisers, third party marketers, our affiliated entities for their online and/or offline marketing programs.

We may share P.I.I. in connection with the sale, merger, consolidation, change in control, transfer of substantial assets, reorganization or liquidation of ValueClick or its affiliated entities.

We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable agreements that have been entered into with us, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against imminent harm to the rights, property or safety of ValueClick, its users or the public as required or permitted by law.

We share non-personally identifiable information with affiliated entities in the normal course of our business. Most of this information relates to the nature of the searches and clicks that we receive on the Simpli search engine, including, for example, the number of queries, the keywords that are queried, the number of clicks, the geographical origination of searches and clicks, and the conversion rate of particular Simpli publisher web sites. None of this information is used to personally identify any users.

V. INFORMATION SECURITY
We take appropriate, industry-standard security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data and otherwise protect your P.I.I. We restrict access to personal information to ValueClick employees, contractors and agents who need to know that information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations and may be subject to discipline, including if they fail to meet these obligations.
No transmission of data over the Internet is guaranteed to be completely secure. It may be possible for third parties not under the control of ValueClick to intercept or access transmissions or private communications unlawfully. While we strive to protect your PII, we cannot ensure or warrant the security of any information you transmit to us. You acknowledge and assume this risk when communicating with us.

VI. CONSENT AND CHANGES
ValueClick may find it necessary or be legally obligated to update this Privacy Policy from time to time. When we do, we will post those changes on this page and update the effective date so that you are always aware of the information we collect, how we use it, and under what circumstances we disclose it. Except as otherwise required by law, modifications to this Privacy Policy will not affect the privacy of data collected by ValueClick prior to the effective date of the policy change unless we provide you direct notice and the opportunity to opt-out of such proposed change.

VII. CHILDREN'S PRIVACY AND SPAM
ValueClick is very sensitive to the issue of children's privacy and makes every effort to protect the privacy of children using the Internet. The Simpli Web site, and the services we provide to advertisers and publishers on Simpli, are not developed for or directed at children. If you believe your child has provided Simpli with any personally identifiable data by registering at a Simpli web site, please contact us [LINK] through our Web site to have them removed.
ValueClick is committed to proper Internet practices and full compliance with the CAN-SPAM Act of 2003 (15 U.S.C. § 7701). It is our policy to prohibit the sending of unsolicited or "Spam" email by ValueClick or any of its marketing partners.

VIII. DATA PROCESSING
You acknowledge that ValueClick operates in the United State and the European Union and agree to (i) permit ValueClick to transmit and use your User information anywhere necessary, including across international boundaries, to affect the services and transactions provided by this Site; and (ii) that such use by ValueClick shall be subject to the terms and conditions stated in this Privacy Policy, our Terms of Use [LINK] and the agreements that we enter into with Simpli advertisers and publishers.

IX. LIMITATION OF LIABILITY, THIRD PARTY INFORMATION & LANGUAGE
YOU UNDERSTAND AND AGREE THAT ANY DISPUTE OVER PRIVACY IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY AND OUR TERMS AND CONDITIONS (INCLUDING LIMITATIONS ON DAMAGES, AND ARBITRATION OF DISPUTES). YOU AGREE THAT VALUECLICK’S LIABILITY FOR ANY BREACH OF THIS PRIVACY POLICY SHALL BE LIMITED TO THE VALUE OF THE TRANSACTIONS OR SERVICES PROVIDED TO YOU BY VALUECLICK TO THE EXTENT SUCH CLAIM IS NOT OTHERWISE BARRED BY OUR TERMS OF USE OR OUR ADVERTISER OR PUBLISHER AGREEMENTS.

You also agree that you have provided notice to, and obtained consent from, any third party individuals whose personal data you supply to ValueClick with regard to: (a) the purposes for which such third party's data has been collected; (b) the intended recipients or categories of recipients of the third party's personal data; (c) which of the third party's data are obligatory and which data, if any, are voluntary; and (d) how the third party can access and, if necessary, rectify the data held about them. It is the express will of the parties that this agreement and all related documents have been drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais.

X. CONTACT US
If you have any questions about this Privacy Policy, please contact us through our Web site or write to us at: ValueClick, Inc., ATTN.: Simpli Privacy Officer, P.O. Box 5600, Westlake Village, California, USA 91361.