[...]

You agree that you will only uninstall the Software from your computer by following the above instructions and you will not initiate, permit, authorize or assist any third party or application to remove the Software from your computer, or disrupt its operation or the operation of any other user. You agree that EXACT may store a cookie, computer file or other unique identifier on your computer to identify you and automatically repair or reinstall the Software if any third party attempts to delete, disable or modify the Software. 

[...]

PRIVACY STATEMENT

By downloading the SaveNow software, you give permission to WhenU.com to display relevant contextual information and offers. The SaveNow software selects which ads and offers to display to individual users based on several factors, including: URLs associated with web pages visited by the user, search terms typed by the user into search engines, HTML content of the web pages viewed by the user and the local zip code of the user.

The software protects users’ privacy by uploading a database of content in small chunks to individual desktops and then determining on the desktop whether or not to retrieve information from WhenU.com or third-party servers. To protect user privacy, the same database of content is sent to all desktops. Decisions regarding which ads to retrieve to an individual desktop are all processed on the user’s desktop - and isolated from WhenU.com servers. User privacy is also protected in the following manner:

1) Personally identifiable information is NOT required in order to use the software and WhenU.com does NOT know the identity of individual users of the software
2) As the user surfs the Internet, URLS visited by the user (i.e. the user’s “clickstream data”) are NOT transmitted to WhenU.com or any third party server 
3) WhenU.com does NOT assemble personally-identifiable browsing profiles of users
4) WhenU.com does NOT assemble anonymous machine-identifiable browsing profiles of individual users
5) WhenU.com does NOT track which ads and offers are seen or clicked on by individual machines - analysis and tracking is done in the aggregate

Each individual desktop is assigned an anonymous, unique machine ID. This machine ID is used ONLY to enable WhenU.com to count unique, active desktops in the network. The machine ID is NOT used to determine which ads to serve individual users or to create browsing profiles of users. When ads are displayed by the software, impressions and clickthroughs are reported to WhenU.com servers. To protect user privacy and prevent WhenU.com or any third party from assembling user profiles, the unique machine ID is NOT included in the impression and clickthrough reports sent by the desktop to WhenU.com servers.

By downloading the Desktop Toolbar ("the Toolbar"), you give permission to WhenU.com, Inc. ("WhenU") to display relevant contextual information and offers. The Toolbar selects which ads and offers to show you based on several factors, including: which webpages you visit, search terms you use while searching online, your local zip and/or country code, and content of the webpages you view. The Toolbar displays contextual ads and offers in the form of rotating text links accessible from within the application.

The Toolbar protects your privacy by uploading a database of content in small chunks to your desktop and then determining on your desktop whether to retrieve information from WhenU or third-party servers. To protect your privacy, the same database of content is sent to all desktops. Decisions regarding which advertising and offers to retrieve are processed on your computer desktop. In this way, WhenU is able to deliver to you relevant coupons, information and advertisements without establishing any profile about you (even anonymously) on WhenU servers.

Your privacy is also protected in the following manner:

1) Your personally-identifiable information is not required in order to use the Toolbar. WhenU does not know your individual identity and does not attempt to discern it in any way.
2) As you surf the Internet, your "clickstream data" (i.e. a log of all the sites you visit) is not transmitted to WhenU or any third party server. (Although impressions and click-throughs that contain indicia of browsing activity are transmitted each time an ad is served, as described below, these communications are never linked to personally identifiable information and are otherwise carefully designed to protect your privacy.)
3) WhenU does not assemble any personally-identifiable browsing profiles of you or your individual machine.
4) WhenU does not assemble any anonymous machine-identifiable browsing profile of you or your machine.
5) WhenU does not track which ads and offers you see as an individual user — all of our analysis and tracking of ads is done in the aggregate.

The Toolbar does send back certain information from your desktop in order to count the number of users in our network and optimize the performance and relevancy of the ads. For example, when an offer is displayed to you in the Toolbar and whenever you click on such an offer, the Toolbar sends WhenU a communication that may include information about the webpage you were viewing before you saw or clicked on a particular ad. WhenU has intentionally designed these communications back to WhenU to be highly protective of user privacy, in the following ways:

(a) Each individual desktop is assigned an anonymous, unique machine ID. This machine ID is used only to enable WhenU to count unique, active desktops in the network. The machine ID is not used to determine which ads to serve individual users or to create browsing profiles of users.

(b) When ads are requested and/or displayed by the Toolbar, impressions and click-throughs, including the factor (e.g., the URL, the keyword, or the search term, or some combination thereof) that caused the ad to be displayed are reported to WhenU. Because the Toolbar's advanced functionality is designed to display ads whenever contextually-relevant activity is detected, a continuous series of impressions and click-throughs may be transmitted to WhenU.com's servers as you surf the Internet. To protect your privacy and prevent WhenU or any third party from assembling individual user profiles or knowing which Web sites you visit, your unique machine ID is intentionally excluded from any communications sent back to WhenU that may include a URL or such other browsing-specific information.

How is the collected information used?

Just as television-rating services monitor the viewing habits of a selected number of TV viewers to make projections as to what the entire TV viewing audience is watching, this service applies similar concepts to the Internet. This service uses the Internet activity and demographic information of our participants, and their survey responses, to statistically report and make projections about current and future Internet user behavior and, more generally, to extrapolate data about potential economic trends. This service essentially enables companies to tap the pulse of Internet users' preferences and provides a voice for Internet users to impact the future of Internet usage and e-commerce activities. When we provide predictive reports and projections about economic trends to our customers, or use such reports internally, the analysis is performed on aggregated or bundled information. We do not provide our commercial customers with any personally identifiable information about participants. In fact, our customers benefit from the aggregation or grouping of information because this type of data can be refined to more accurately reflect and predict trends, developments and Internet users’ behavior.

For certain commercial customers, we may provide anonymized individual-level information. We make this data available so that these customers may enhance their own understanding of Internet usage and online commerce. In making such information available, we do not provide these customers with personally identifiable information such as names, addresses, and e-mail addresses.

Our customers use the information received to (i) modify online services and offerings; (ii) make more effective use of online data to understand both online and offline commercial behavior; and (iii) discern general economic trends and the business performance of specific entities for a wide range of business purposes including, but not limited to, identifying financial investment opportunities and understanding the value and interest in certain business enterprises. Our customers are able to make more informed decisions about their Internet and general business based upon understanding behavioral trends, buying patterns or other aspects of Internet usage and electronic commerce behavior.

There are some limited cases in which we share personally identifiable information with third parties. Specifically, we provide personally identifiable information to third parties for the purpose of conducting the secure and confidential matches discussed more fully above.

We also share your contact information with those third parties who help us deliver this service to you. These parties are required to only use the information we provide for this limited purpose. This includes companies that service and administer incentive programs on behalf of this service (for example, we simply have to give them your name and address to award you a prize). When we do provide your contact information to these service providers, we establish strict controls and enforce those controls through legal agreements that restrict the use of your participant information to the functions necessary for us to deliver our service to you. In sum, our service providers may only use the information we provide to benefit you, this participant, and to serve this service. They are strictly prohibited from making any other use of the information and may not release it to anyone else unless you authorize it.

[...]

What are my obligations as a service participant?

This service provides you with the opportunity to participate in a variety of surveys for cash or sweepstakes prizes and other benefits. In exchange for these services, you agree to
* Allow this service to collect and use information obtained from you and related to you and your household's Internet use as described in this Agreement;
* Allow this service to combine the information that you provide with information such as credit or prescription information from third parties such as consumer preference reporting companies, credit reporting agencies, and prescription benefits managers, which is done using secure and confidential data matching procedures;
* Provide complete and accurate information about yourself and your household if requested during registration for this service, which you agree to update and/or confirm upon request by this service, and allow this service to obtain contact information and basic demographic information about you from companies that help introduce our service to you, if such information is available;
* Make reasonable efforts to configure all of the computers having Internet access that are used at home by anyone in your household to use this service and, where allowed by company policy, on all such computers having Internet access that are used at work by anyone in your household, and make reasonable efforts to insure that those who use such computers are aware of our service;
* Accept automatic software upgrades or changes to your system settings provided by this service for the sole purpose of ensuring compatibility between your computer system and this service; receive administrative e-mails informing you about upgrades, disruptions to our service, or issues related to basic service functions, providing notification to sweepstakes winners, about special participant opportunities, request updated demographic information or information regarding usage of the service and other issues; and participate in surveys delivered to you by this service;
* Allow this service to acquire basic configuration information about the computer connected to our service such as Internet connection speed, hard disk size, RAM and other information about the PC which we use to diagnose and improve the service and which we report to others in an aggregated and anonymized form;
* Allow this service to verify the accuracy of your e-mail address for purposes of inviting you to participate in surveys; and
* Regularly visit and review the Agreement posted on this website, so that you are aware of any changes made to the Agreement.

You agree not to [...]

* Attempt to defeat or circumvent the browser configuration or routing of the Internet communication through this service, it being your responsibility to undertake the modification to, or cancellation of, this services as instructed in this Agreement or as expressly instructed by an authorized service representative.