U3 PRIVACY POLICY

At U3 LLC (“U3”), we believe it is important to protect the privacy of our customers and guests. We know that you care about how your personal information is collected, updated, used and shared; and we want to help you make knowledgeable choices about the information you provide to us.

This Privacy Policy explains and summarizes how we collect, use and protect your personal information as you interact with us online and through our customer and technical support services, if any.

If you are visiting from outside the United States there may be special rules or limitations on your use of this web site. Click here U3 EUROPEAN UNION COOKIE & PRIVACY NOTICE for details.

This policy explains:

• What information U3 gathers from you.
• How U3 uses the personal information you share with us and that we learn about you because of our relationship.
• How U3 uses "cookies" and "IP Addresses".
• What personal information, if any, U3 may share about you and the conditions we use to protect your information if it must be shared.
• U3’s efforts to respect the privacy of international visitors and customers and where you can find additional information relating to privacy and cookies if you are an international visitor or customer.
• What kind of security measures U3 takes to protect your information from accidental loss or disclosure and how U3 will inform you in the event of a security breach.
• The circumstances under which you can access personal information you share with U3 and have that information corrected, restrict U3’s use of that information or even have it removed from our records.
• Other things you should know about privacy and U3.

U3 collects and uses information you provide to us or that we learn from your use of this web site. We are not in the business of selling information about you. U3 does not share your personal information with third parties for their direct marketing purposes. We may share your personal information where it is necessary for us to complete a transaction or do something that you have asked us to do. Whenever we may need to share your personal information, we try to provide you with the information you need to make informed reasonable choices.

U3 collects and uses personal information from you in several ways:

• Web Site Usage. U3, or U3 authorized service providers, may observe your activities, preferences, and transactional data (such as your IP address and browser type) relating to your use of this web site. While we may collect or log this information, we generally do not identify you or match this information with your other personal information. We may use this collected or logged information to diagnose web site technical problems, or to facilitate your use of the site. U3, or one of our authorized service providers, also may use this information to track aggregate traffic patterns throughout this web site. EU visitors should refer to U3’s European Union Cookie & Privacy Notice for a more complete cookie explanation as the use of cookies and related technologies may be understood differently in the EU.
• Online Transactions. If we offer you the opportunity to purchase products online and you choose to purchase such products, you may be asked to share personal information in order to complete a transaction. When you purchase a product online you may be asked for information needed to complete your order, contact you to confirm the order and, provide related customer service. This information is used, for example, to effect your transactions, to create and share aggregate reports about these transactions, and to perform credit fraud screening services for transactions between you and U3 and/or our authorized service providers.
• Product Registration & Technical Support. If we offer you the opportunity to purchase products online and you choose to purchase such products, we may allow all purchasers of our products to register their products online. Personal information or data provided via online product registration forms is used to carry out the request, service or agreement for which the information is submitted. With your consent, we may also use the information you provide in online registration forms to notify you periodically about important changes to the web site (such as a change to this privacy policy or notice of a security breach), new U3 products and services, and special offers and contests that may be of interest to you. When you register, we ask for, among other things, your name, address, email, telephone number, type of product purchased and serial number or other product-identifying information, and date of purchase.
  
  Where you provide optional information, such as information about your interests and hobbies, U3 only uses this information on an aggregate basis to enable us to better understand our customers, develop new products, and improve our products and services. U3 limits the access of our service providers and vendors who assist with product registration, technical support and customer service through the use of confidentiality provisions and agreements that are intended to enforce this privacy policy.
  
  We do not share product registration information with third parties for their direct marketing purposes.
  
  Failure to register your product will not diminish the rights you have under any product warranty.
  
  If and whenever you want to modify how we use your personal information or, if you prefer that we deactivate your personal information so that it is not readily accessible or usable, we will do our best to accommodate you. Click here for instructions.
• Recruitment and Job Applications. You may provide us with personal information, such as that contained on a resume or a curriculum vitae, in connection with a job application or inquiry. We may use this information throughout U3 (worldwide) for the purpose of employment consideration or your inquiry. We may keep your information on file for future consideration. EU applicants should consult U3’s European Union Cookie & Privacy Notice for additional information.
• Children. Children under 13 should not send any information about themselves to U3. If a child under 13 submits information through any part of the U3 web site, and we learn the person submitting the information is a child, we will attempt to delete this information as soon as possible. Because we do not knowingly collect any personal information from children under 13, we do not use or disclose such information to third parties.
• Public Areas. Any information disclosed in public areas of the U3 web site will become public information. We cannot control the use of information disclosed in public forums, such as bulletin boards, developer’s forums and chat rooms. You should exercise caution when disclosing information in these public areas and should refrain from disclosing your personal information.
• Non-Public Areas. We will ask you to provide personal information through a registration form before providing you access to restricted areas of the web site. Regardless of any other provision of this Privacy Policy, we will permanently store any personal information provided by You via such registration form.

USE OF COLLECTED INFORMATION

• U3 Service Suppliers. U3 may work with some authorized service providers to provide technical and customer support, shipping, credit card processing, product fulfillment or other services. Where practical, U3 shall require these service providers to safeguard personal information you provide to us. To the extent it is necessary for these service providers to complete their contractual obligations to U3, these third parties may have access to or process your personal information. U3 generally limits their use of your personal information to the purpose for which it was shared. U3 may sometimes permit our authorized service providers to have access to aggregate statistics about our customers, sales, traffic patterns, and related site information.
• Mergers, Acquisitions and Bankruptcy. If U3 should ever file for bankruptcy or merge with another company, or if U3 should decide to buy, sell or reorganize some part or all of its business, U3 may be required to disclose your personal information to prospective or actual purchasers or receive personal information from sellers. It is U3’s practice to seek appropriate protection for information disclosed or received in these types of transactions.
• As Required by Law and Other Extraordinary Disclosures. U3 may be required to disclose your personal information if it: (i) believes it is reasonably necessary to comply with legal process (such as a court order, subpoena, search warrant, etc.) or other legal requirements of any governmental authority; (ii) would potentially mitigate our liability in an actual or potential lawsuit; (iii) is otherwise necessary to protect our rights or property; or (iv) is necessary protect the interest of other users of our web site.

INTERNATIONAL VISITORS AND CUSTOMERS

• U3 Worldwide. Because U3 operates globally, circumstances could arise where it is necessary for us to make your personal information available to our worldwide business units. Privacy laws differ across the globe. To help visitors from countries outside the United States understand our privacy practices we provide special information on our privacy policies that may be applicable to these visitors. If it is necessary for the purposes for which you have shared personal information with us for us to share your information within U3’s global operations, we will do so consistent with this policy. For example, necessary transfers of EU customer personal information will be made consistent with the EU Safe Harbor (see below).
  
  This web site is hosted in the United States and is intended for United States visitors. If you are visiting from the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring your personal data to the United States and by providing your personal data you consent to that transfer. EU residents should click here for details on U3’s data protection practices as they relate to EU consumers.
• EU Safe Harbor Adherence. U3 adheres to the Safe Harbor principles agreed to by the United States and European Union relating to data protection. Information on the Safe Harbor may be found here.

Parts of this privacy policy may not apply to visitors from outside the United States because certain services are not offered to those outside the United States.

SECURITY

No data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk. Once we receive your transmission, we make reasonable efforts to ensure security on our systems. We use secure server software (SSL) and firewalls to protect your information from unauthorized access, disclosure, alteration, or destruction. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software.

If U3 learns of a security systems breach we may attempt to notify you electronically so that you can take appropriate protective steps. By using this web site or providing personal information to us, you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of this site. U3 may post a notice on our web site if a security breach occurs. If this happens, you will need a web browser enabling you to view the U3.com web site. U3 may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should notify us at privacy@U3.com.

LINKS TO THIRD-PARTY SITES AND CO-BRANDED WEB SITES

This web site may contain links to third-party sites, however, please be aware that U3 is not responsible for and cannot control the privacy practices of these other sites. We encourage you to read the privacy policies for these other sites, as they may differ from ours.

This web site also contains links to co-branded web sites that may display U3’s logo and trademarks but which are maintained by third parties. Such web sites may be identified by the fact that they do not display a “U3.com” URL. Please read the privacy policy on the co-branded site for the applicable privacy practices relating to personal information collected via that site, as it may differ from this Privacy Policy. This Privacy Policy applies solely to personal information collected by U3.

CHANGING YOUR PRIVACY PREFERENCES WITH U3

By using our web site, you consent to the collection and use of your personal information by U3. If in the future we change the U3 Privacy Policy, we will post the new policy on this web site. If this policy is somehow materially less restrictive or protective of your privacy than the current policy, we will not apply the less protective aspects of the revised policy to information you have previously provided to us without first obtaining your consent. If we have a way of contacting you electronically, we will do so in the way you have instructed us to obtain your consent. We reserve the right to change this policy in the future. Your continued use of this web site following a change in the privacy policy represents consent to the new policy. We encourage you to periodically review this Privacy Policy.

CONTACT PREFERENCES AND ACCESSING YOUR PERSONAL INFORMATION

When you provide U3 with personal information, if you allow us, we may communicate with you by the method you choose about topics of your choosing. U3 seeks your consent to receive marketing communications from us when you provide your personal information. If you would like to make changes to your personal information or contact preferences, or delete personal information you have provided to us, please click here.

Generally, when we contact you, we will try to provide you with an easy and convenient way to notify us if you would not like further similar communications.

CONTACTING U3

If you have any questions, comments, or concerns about this Privacy Policy, please email us at mailto:privacy@U3.com

Postal Mail Address:
U3 LLC
303 Twin Dolphin Drive
Redwood City, CA 94065
Attention: General Counsel

If you have a privacy concern regarding U3 or this policy and if you cannot satisfactorily resolve it through the use of this web site you should then write to: privacy@U3.com. In the event that we are still unable to resolve your concerns U3 is committed to cooperating to achieve a proper resolution of your privacy concerns.

Additionally, we urge You to read the U3 Terms & Conditions of Use that apply to this web site.

Effective Date: December 22, 2004
Previous Modification: December 22, 2004

U3 EUROPEAN UNION COOKIE & PRIVACY NOTICE

Cookie and Privacy Policy Information for European Union Residents

U3 LLC (“U3”) believes it is important to protect and respect the privacy of our EU customers and web site visitors from whom we receive personal data.

To help you understand the U3 Privacy Policy and to educate you about EU specific components of our policy, U3 provides this supplemental EU Cookie & Privacy Notice. This Notice further explains how the U3 Privacy Policy applies to EU customers and web site visitors.

This Notice does not apply to non-EU customers and non-EU web site visitors.

USE OF U.S. WEB SITE AND U.S. DATA PROCESSING

Any personal data collected about EU visitors via this web site or when you contact U3’s customer or technical support will be processed in the United States by U3 or a party acting on its behalf.

U3 is the responsible party for the processing of your personal data although the goal of our policy is to give you control over your personal data.

When you provide personal data to U3, you consent to the processing of your data in the United States as this web site is operated in the United States.

SAFE HARBOR CERTIFICATION

U3 adheres to the Safe Harbor principles negotiated between the United States and the EU regarding data protection with regard to customer data and personal data U3 receives when providing technical and customer support. Accordingly, when visiting this web site or providing personal data to U3 through our technical or customer support, U3 has taken steps to ensure the adequate protection of the processing of your personal data.

EU COOKIE POLICY

Web Site Usage. U3, or U3 authorized service providers, may observe your activities, preferences, and transactional data relating to your use of this web site. While we may collect or log this information, we do not identify you or match this information with your other personal information (such as your IP address). We may use this collected or logged information to diagnose web site technical problems. U3, or one of our authorized service providers, also may use this information to track aggregate traffic patterns throughout this web site.

Cookies. To the extent web site usage information is developed in connection with your IP address through session cookies, we will only use this information to facilitate your use of the U3 web site. Cookies are data files that are written onto your computer by a web site. At the end of your visit, the session cookies are removed.

U3 does not use cookies other than the session cookies identified. However, our service providers may use cookies in order to personalize your experiences and adapt the web site's functionality to your preferences.

You may set your browser to notify you when you receive a cookie or to refuse receiving it. Be aware that this may interfere with or make you unable to use certain functionality on web sites using cookies. For example, many web sites will ask your permission to use a cookie that will enable you to automatically log on to the web site. Disabling or removing cookies may require you to manually log on each time you wish to visit that web site. You may also delete cookies from your computer through your browser.

COLLECTION AND USE OF PERSONAL DATA

U3 generally does not collect personal data from its European customers and web site visitors and there are parts of this site that are not accessible or the services offered may not be available for those in the EU. For example, U3 does not accept product orders from the EU on its web site or by telephone. Rather, our products may be purchased through distributors in Europe who maintain their own data protection practices. The parts of the U3 Privacy Policy [LINK to U3 Privacy Policy page] relating to direct product sales do not apply to EU customers and visitors. Similarly, this notice and policy is directed to EU customers and web site visitors.

U3 can and does accept personal data from European customers who contact it for customer and technical support purposes or to register the products they have purchased. U3 limits its use of personal data provided by you for these purposes. At the point of personal data collection U3 attempts to provide clear notice to you of the purpose for collection and obtain your consent to use your personal data. When asked for personal data you should look for links to the U3 Privacy Policy and this EU Cookie & Privacy Notice.

When you contact U3 to register your products and when you contact us to obtain customer support you may be asked for certain personal data. U3 does not use the personal data you provide to market directly to you without your permission. We do not share your personal data with third parties for their direct marketing purposes. Please refer to our global Privacy Policy for detailed information on product registration forms and related data protection.

In addition to personal data it collects about European customers, U3 may accept employment applications from EU residents. EU applicants consent to the retention of the personal data they provide when applying for employment with U3 for reasonable periods of time in order that they may be considered for future employment opportunities.

CHANGING YOUR DATA PREFERENCES AND OBJECTING TO DATA USE OR COLLECTION

You may at all times object to or restrict U3’s use of your data for direct marketing purposes. You may also request access to, correction of or deletion of personal data. For instructions on changing any of your privacy preferences, accessing your information or for any privacy or data protection related question or concern click here for assistance.

Questions, concerns or complaints regarding U3’s Privacy Policy or this Notice may be sent to: privacy@U3.com.

Additionally, we urge You to read the U3 Terms & Conditions of Use that apply to this web site.

Effective Date: December 22, 2004 Previous Modification: December 22, 2004