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We can be reached via Email at
http://www.linkshare.com/support
Or you can reach us by telephone at
+1 646 654 6000

Privacy

LinkShare Corporation ("LinkShare" or "we" or "us") uses this Web site to operate publisher marketing networks over the World Wide Web (the "Web"). The word "our" is a possessive pronoun referring to LinkShare.

While certain areas of this Web site may be accessed and viewed by members of the public, not all visitors to this Web site may use our networks. Each LinkShare network is available for use only by persons or entities that join the network as either an "Advertiser" or a "Publisher."

Only persons or entities that operate Web sites through which they conduct a business are eligible to become Advertisers. Publishers must be corporations or other legal entities or adults (at least of the legal age to be able to enter into contracts in the jurisdiction in which they reside) that also operate Web sites which they use to conduct a business or generate revenues. In order to become an advertiser or a Publisher, a person or entity must apply for membership and have the application accepted by LinkShare.

We do not gather information about or from visitors to or users of this Web site solely as a result of such visits or usage, other than from (i) persons or entities whom we allow to join a network as an advertiser pursuant to a written contract that We and the Advertiser sign and physically deliver (a "Advertiser Agreement") and (ii) persons or entities whom we allow to join a network as a publisher pursuant to either a written contract that We and the Publisher sign and physically deliver or an "online" contract that the Publisher can review on the Publisher registration page on this website and agree to by clicking on a button on that page (an "Publisher Agreement").

Since our networks are membership-based, and members must enter into a legal contract with LinkShare in order to join and use our networks, and because we do not gather information from visitors to our Web site who are not Advertisers or Publishers with effective contracts, we do not have a generally applicable "privacy policy" that applies to all users of this Web site. Instead, each of our contracts with Advertisers and Publishers contains terms that set forth the obligations of LinkShare with respect to the use and disclosure of the information that we gather from our Advertisers and Publishers. In some cases, those terms reflect negotiations that occur between LinkShare and the Advertiser or Publisher; therefore, the terms are not necessarily the same for every individual member of our networks who uses this Web site.

Information About Advertisers

We use a "template" form of contract to enroll Advertisers. That template changes from time to time and, in some cases, may incorporate network policies that we publish on this Web site that are accessible only by Advertisers or prospective Advertisers to whom we grant access. We do not publish our template Advertiser Agreement on this Web site or make the incorporated network policies that are posted on this Web site available to the public. We do provide the template and access to the incorporated network policies to prospective Advertisers with whom we are interested in pursuing a network relationship. Each such prospective Advertiser is encouraged, and has the opportunity, to review the template and any incorporated policies, including their terms that define the respective obligations of LinkShare and the Advertiser regarding use and disclosure of confidential information and privacy.

LinkShare's rights and obligations with respect to the disclosure and use of the information we gather about any Advertiser are governed by the Advertiser Agreement that we and the Advertiser sign.

Information About Publishers

In order to join a network as a Publisher, a person or entity has to apply for membership by completing an "online" application on this Web site. The online application requires personally identifiable information about the applicant. The application form may be viewed by clicking on the Publisher registration page of this Web site. Besides the information that we gather by means of the online application, we may obtain a great deal of personally identifiable information about a Publisher through a variety of online or offline means. That information includes the Publisher's contact information, IRS taxpayer identification number (which may be an individual's social security number) and VAT registration numbers (for non-U.S. networks), as well as information about the business conducted by the Publisher on its Web site related to the use of our networks, including information about the online marketing strategies and plans and the kinds and volumes of transactions conducted through our networks generally and with specific Advertisers.

LinkShare's rights and obligations with respect to the disclosure and use of the information we gather about any Publisher are governed by the Publisher Agreement that we enter into with that Publisher. Usually, that Publisher Agreement is an "online" form that, as a condition to joining any of our networks, we require each Publisher to accept by clicking on a button on the Publisher registration page of our Web site used for the particular Web site. In a few special cases, the Publisher Agreement may be a paper document that is manually signed and physically delivered.

We post on the Publisher registration pages of this Web site our "template" form of contract by which we enroll Publishers. That template changes from time to time and may incorporate policies that we also publish on this Web site. Each prospective Publisher is encouraged, and has the opportunity, to review the template and any incorporated policies, including their terms that define the respective obligations of LinkShare and the Publisher regarding use and disclosure of confidential information and privacy.

All applications for membership as a Publisher are subject to LinkShare's acceptance. If we do not accept an application, then we may (but have no obligation to) retain the information that the applicant provided in the online application, but we will not disclose it to third parties except as follows:

• We may disclose it to government agencies or officials or other third parties if we believe such disclosure to be required or compelled under applicable law or regulations or legal process.
• We may disclose it to government agencies or officials upon their request, even if not compelled by a subpoena or other legal process, and without any duty on our part to independently confirm that such agencies or officials are legally entitled to such disclosure.
• In the event that LinkShare sells or transfers ownership, operation or control of any or all of its Networks or engages any subcontractor or agent to operate any Network or provide any service related to any Network, LinkShare reserves the right to transfer or disclose all of its data to the buyer, subcontractor or agent.

If we accept an application for membership in a network as a publisher, we do retain the information that the applicant provided in the online application. We may also obtain other information about our Publishers during the course of their usage of our networks, including, but not limited to, information about the volumes of business they conduct through the Network with Advertisers or others. We may, but are not obligated to, retain the information that we obtain about any Publisher after that Publisher leaves the Network.

We may use and disclose the information we have or acquire about any Publisher as provided in the Publisher Agreement, which such Publisher enters into with LinkShare. The template form of Publisher Agreement gives LinkShare broad discretion in using and sharing the information that Publishers provide to us, including the right to furnish any or all of that information to Advertisers or other third parties. LinkShare is not responsible or liable for any use or disclosure by any Advertiser or other third party of information about any Publisher that we furnish.

Ordinarily, each Publisher who participates in the publisher marketing program of an advertiser has to separately join that program. An advertiser may require a Publisher applying to or participating in its program to provide information to the Advertiser. Any Advertiser's use of Publisher data, however obtained, is governed by that Advertiser's own contract, if any, with that Publisher and by its own privacy policies, if any. LinkShare is not responsible or liable for any use or disclosure of any such information by the Advertiser or any third party. If the Advertiser provides LinkShare with any data about any Publisher, then that Advertiser is solely responsible for ensuring that its provision to us is consistent with that Advertiser's own privacy policy, own contract with such Publisher, applicable legal requirements of other obligations or commitments of such Advertiser to such Publisher. To the maximum extent permitted by applicable law, LinkShare expressly disclaims any obligation or liability to any Publisher with regard to any use, storage, processing or disclosure of any data about that Publisher that LinkShare obtains from any Advertiser or any third party.

Data About Customers of Advertisers and Publishers

In providing our services, LinkShare does not deal directly with the customers of Advertisers or Publishers. We enable Advertisers and Publishers to create links between their own Web sites. A visitor who clicks on an advertiser's banner or other promotion on a publisher's Web site is redirected, through our Web site, to the Advertiser's Web site, where he or she may purchase a product or service or engage in another transaction or activity that entitles the Publisher to compensation from the Advertiser. As a result of such redirection through our Web site, our technology automatically records the IP (Internet Protocol) "address" of the browser used by the visitor, but that address simply identifies the browser used, and does not permit identification of the individual using the browser. In addition, during such redirection, we may place a "cookie" on the hard drive of the visitor's computer through his or her Web browser. Cookies are alphanumeric identifiers that enable the systems used by the Web site operator who places the cookie to recognize the visitor's browser. In connection with certain features of our services to Advertisers, we use cookies in order to determine whether and when a "cookied" Web browser is used to return to the Advertiser's site after a prior visit. The cookies we currently use permit us to determine when a browser is used to make repeat visits or click-throughs to a Web site, but do not permit us to determine the identity of any user of that browser or gather any other personally identifiable information about that user, such as postal address, email address, phone number, social security number or any credit card number. We may use additional cookies in the future.

In order to provide reports to an advertiser and the Publishers in its publisher program conducted through one of our networks, we need basic data about the kinds and volumes of Web user activities that occur as a result of the links created through that network, but we do not need data that identifies or permits the identification of any customers or Web site visitors of an Advertiser or Publisher. We do not intentionally obtain any personally identifiable data about any of such customers or visitors through our technology or services, unless the Advertiser or a Publisher elects to furnish it to us or authorizes us to obtain that data. Our rights and obligations with regard to that information, therefore, are solely defined by our contract with that Advertiser or Publisher and are solely to that Advertiser or Publisher, and we do not, through these policies or otherwise, make any promise or undertake any obligation directly to any user of any Advertiser's or Publisher's Web site with regard to any use or disclosure of that information. Each Advertiser and Publisher is solely responsible for establishing its own privacy policy, communicating that policy to the users of its Web site and ensuring that any access to, processing, storage and use by LinkShare, in accordance with the applicable Advertiser Agreement or Publisher Agreement, of any data about those users is consistent with that Advertiser's or Publisher's own privacy policy, applicable legal requirements of other obligations or commitments to such users. To the maximum extent permitted by applicable law, LinkShare expressly disclaims any obligation or liability to any user of any Advertiser's or Publisher's Web site of any nature, including with regard to any data about that user that LinkShare obtains, processes, stores, uses, or discloses.

Changes to Our Privacy Policy

To the maximum extent permitted by applicable law, LinkShare reserves the right to change or replace this Privacy Policy at any time and from time to time without prior notice to or the consent of any person. Any changes or replacement will be posted at this site.

Questions and Comments About Our Privacy Policy

Persons already enrolled as an advertiser in one of our Networks who have questions or comments about this Privacy Policy or the relevant provisions of their Advertiser Agreements should contact their Advertiser Services representatives. Prospective Advertisers should contact their LinkShare client development manager to discuss any such questions or comments.

Existing or prospective Publishers and others who have questions or comments about this Privacy Policy may contact us by Email at http://www.linkshare.com/support.