Plaxo Privacy Policy

This document sets forth the privacy policy (the “Privacy Policy”) of Plaxo, Inc., a Delaware corporation (“Plaxo”) for the Plaxo Network. (together with other services provided by Plaxo, the “Services”), Plaxo software (together with all prior and subsequent versions, and all patches and updates thereto, the “Software”), and the Web site, www.plaxo.com (including all subpages thereto, the “Site”). The Privacy Policy forms part of the Terms of Service.

Please be aware that Plaxo’s Services, Software, and Site are not intended for and may not be used by children under the age of 13, nor may they be used to solicit or collect any information from children under the age of 13. If you have objections to the Privacy Policy, you should not access or use the Site nor should you sign up for the Services offered by Plaxo.

Any capitalized terms used and not defined in the Privacy Policy are defined in the Terms of Service.

TRUSTe License: Plaxo, Inc. is a licensee of the TRUSTe Privacy Program. TRUSTe is an independent, non-profit organization whose mission is to enable individuals and organizations to establish trusting relationships based on respect for personal identity and information by promoting the use of fair information practices. This privacy statement covers the site www.plaxo.com. Because this Web site wants to demonstrate its commitment to our users. privacy, it has agreed to disclose its information practices and have its privacy practices reviewed for compliance by TRUSTe.

If users have questions or concerns regarding this statement, they should first contact the Plaxo Privacy Advocate by . If they do not receive acknowledgment of their inquiry or their inquiry is not satisfactorily addressed, they should then contact TRUSTe through the TRUSTe Watchdog Dispute Resolution Process. TRUSTe will serve as a liaison with the Web site to resolve users concerns.

The TRUSTe program covers only information that is collected through this Web site, and does not cover information that may be collected through software downloaded from the site.

Plaxo’s Privacy Principles

• Your Information is your own and you decide who will have access to it.
• You maintain ownership rights to Your Information, even if there is a business transition or policy change.
• You may add, delete, or modify Your Information at any time.
• Plaxo will not update or modify Your Information without your permission.
• Plaxo will not sell, exchange, or otherwise share Your Information with third parties, unless required by law or in accordance with your instructions.
• Plaxo does not send spam, maintain spam mailing lists, or support the activities of spammers.

Information Collection and Use

Plaxo Members—Your Information.

When you download Plaxo software™ or sign up for Plaxo Online. and join the Plaxo Network™ you provide us with “Your Account Information,” “Your Plaxo Cards,” and “Your Contact List” and “Your PIM Information” each described in detail below (together, “Your Information”).

1. Your Account Information: Your name and your e-mail address are required by Plaxo in order to provide you with the Software and Services. Plaxo will also ask you to provide a private password and a security question and answer, which will become part of Your Account Information.

2. Your Plaxo Cards: When you join the Plaxo Network™, you can create Your Plaxo Cards to store contact information about yourself (e.g., your name, your e-mail address, your phone number, your address). You may then choose to share Your Plaxo Cards with the individuals on Your Contact List and/or others as you see fit.

3. Your Contact List and PIM Information When you join the Plaxo Network. you have the option to view your address book or portions of your address book as well as your Notes, Tasks and Calendar information (PIM Information) on Plaxo Online. This information will not be shared with anyone without your permission and will be used to provide you with secure, Web-based access to its data and to run the Plaxo Network. (e.g., send update messages) at your request. Plaxo Online access provides you the benefits of secure anywhere, anytime access to Your Contact and PIM Information, automated backup and quick restore capabilities, as well as multi-system synchronization capabilities.

We use Your Information to enable you to use the Software and Services. Specifically:

1. Your Account Information: This information is stored on Plaxo’s secure servers and is not shared with any outside parties. If you forget your password, you will be asked to go on the Plaxo Web site, answer your security question and create a new password. A confirmation e-mail will be sent to the registered e-mail address you specify. No plain text passwords will ever be passed through e-mail.

2. Your Plaxo Cards: You maintain your Plaxo Cards using the Software and Site. You specify the information that is contained on each of Your Plaxo Cards and also control how Your Information is shared by configuring the Privacy settings for each Plaxo Card.

   “Members” or “Public” cards are accessible by those Plaxo members (“Members”) who list you in their own “Contact Lists” and/or who maintain your e-mail address. You may also grant permission to your “Members” permissioned card by sending it to a designated recipient or by granting permission to your “Members” permissioned card through the Site or Services. Any of your Plaxo Cards may be marked as ”Members”.

   “Contacts” cards are accessible by those Plaxo members (“Members”) who list you in their own “Contact Lists” if they are also listed in your own “Contact List”. You may also grant permission to your “Contacts” permissioned card by sending it to a designated recipient or by granting permission to your “Contacts” permissioned card through the Site or Services. Any of your Plaxo Cards may be marked as “Contacts”.

   ”Private” cards are accessible only with your permission. You may grant permission to your “Private” permissioned card by sending it to a designated recipient or by granting permission to your “Private” permissioned card through the Site or Services. Any of your Plaxo Cards may be marked as “Private”.

   In the download and install process, Plaxo defaults to setting your Business Card to “Members” and your Personal Card to ”Private”. You may change these default settings at installation time or any time afterwards by editing your Plaxo Cards using the Software or Site. Permission you may have granted to your Plaxo Cards may also be revoked through the Site

3. Your Contact List and PIM Information: A synchronized copy of your Contacts, Calendar, Tasks, and Notes is maintained on Plaxo’s servers, unless you have chosen to disable the ability to view your Contacts, Calendar, Tasks and Notes on Plaxo Online. By disabling this ability, you can elect not to store Your Contacts and PIM Information on Plaxo’s servers, except to the extent needed to run the Services you choose to use (names and e-mail addresses).

   Note that even if you have chosen to disable this capability, whenever you choose to send an Update Request e-mail to a designated recipient, that recipient’s contact information will need to be temporarily copied to Plaxo servers (i.e., this information is necessary to send the Update Request). As soon as the Update Request has been processed, the temporary information will be deleted from our servers.

Additionally, we may use Your Account Information:

• For license reporting and assessment of service levels;
• To better understand on an aggregated basis how our products are used, gauge traffic patterns and determine what types of content and services are most popular with users of our products and services;
• To verify access rights to content, services or software;
• To provide you with information about Plaxo products, services, news and events through the Software, the Site or e-mail;
• To allow you to purchase and download Plaxo products and services; and/or
• To provide you with personalized content programming, instructions and services.

We may allow Members who list you in their own “Contact Lists” and/or who know your e-mail address to know whether you are also a Member. Members may disable this capability through the Software preferences.

Also, for members ordering premium Plaxo Services, we may also collect credit card and billing information to complete the request. Plaxo does not permanently store this information and the information is removed once the transaction has been completed.

Opt-out Users—“Permanent Opt-out Information”

Non-members may elect to permanently opt-out from receiving Plaxo Update Request e-mails sent by Plaxo members. When you register for permanent opt-out, you provide us with a validated e-mail address at which you no longer wish to receive Plaxo Update Requests. If necessary, we will send you an opt-out confirmation e-mail to the address you enter. You must respond to that e-mail to complete the opt-out process.

This information will only be used to honor your opt-out request and not be shared with any third-party.

Opt-out users may change or delete their information by contacting Plaxo at .

Limited Data Sharing with Third Parties

Plaxo is committed to protecting your privacy. We will only share Your Information with third parties in accordance with your instructions and in order to provide you specific services. For example, each time you send an Update Request, we will send the designated recipient the Plaxo Card(s) you have selected. In addition, we use a credit card processing company to bill members for premium services. This business partner does not retain, share, or store any personally identifiable information except to provide this service and is bound by a strict confidentiality agreement which limits their use of such information.

We may share aggregated and anonymous demographic information with our business partners but no such information can be linked directly to Your Account Information, Your Plaxo Cards, Your Contact List or other personally identifiable information.

Although we will use every reasonable effort to preserve your privacy (and that of your contacts), we may need to disclose Your Information, including personally identifiable information, when required by law if we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on Plaxo and/or the Site (see “Government Authority” below for more information). We will notify you of such actions where reasonable and permitted by law.

Personally Identifiable Information of Others (Your Contact List)

Your Information may include contact and other personal information in Your Contact List for individuals who have not joined the Plaxo Network™ or who are otherwise not Plaxo Members. Plaxo is committed to protecting the privacy rights of these individuals. Your Information will be used in accordance with your instructions and will not be shared with any third-parties without your permission.

We may receive requests from certain individuals to remove their personal information from Your Contact List, usually as the result of their failure to recognize you as a known contact upon receiving a Plaxo Update Request. In such event, we may encourage them to contact you directly or, as a courtesy, we may also contact you on the behalf of such parties to inform you that:

• such individual does not recognize you as a contact;
• such individual does not wish to provide you updated contact information; and/or
• such individual would like to be removed from your local address book; and/or
• further Update Requests to such individual may be reported as abuse to and may result in your removal from the Service.

We will not alter or remove any information regarding such individuals from Your Contact List without your prior consent.

Rights to Your Information

You have the right to access, correct, update, and/or delete Your Information at any time. You can do so by using the Software or by logging into the Site with your username and password. You will retain these rights even in the event of a business transition (see “Change of Ownership or Other Business Transition” section for more information).

Changes to your information are typically executed immediately. For example, if you delete your account, your account immediately becomes inaccessible and all Your Information within your account is completely removed from the Plaxo Servers.

Change of Ownership or Other Business Transition

In the event Plaxo goes through a business transition, such as a merger, acquisition or the sale of all or substantially all of its assets (a “Business Transition”), your membership in the Plaxo Network™ and the Plaxo servers containing Your Information will, in most instances, be part of the assets transferred. In such event, you will be notified via e-mail and/or through a notice on our Web site and any other appropriate methods prior to the Business Transition, and Plaxo’s custody of Your Information will be transferred subject to all the terms and restrictions in this Privacy Policy.

Following a Business Transition, Plaxo or its successors will continue to use Your Information in accordance with the Privacy Policy under which the information was collected. If, however, we plan to use Your Information in a manner different from that stated at the time of collection we will notify you via e-mail and/or through a notice on our Web site and any other appropriate methods. You will have a choice as to whether or not we use Your Information in this different manner. Whether or not you wish to have Your Information used in this different manner, you will retain ownership rights to Your Information and the ability to delete Your Information at any time. Please note, if you have deleted or deactivated your account with the Services or are an opt-out User, then you will not be contacted, nor will Your Information be used in this different manner.

Cookies

In order to improve the Services and the Site, we use “cookies” when you are logged into the Site using your e-mail address and password. A cookie is a piece of data that is transferred to your browser by a Web server and can only be understood by the server that gave it to you. It functions as your computer’s identification token and enables Plaxo to personalize your experience when you are signed in to the Site. The cookie also contains your e-mail address so that we can make it easier for you to sign in. If you reject the cookie, you may not be able to sign up for some of the Services or use certain features of the Site.

Most browsers are initially set to accept cookies. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether to accept it. (For some Web pages that require an authorization, cookies are not optional. Users choosing not to accept cookies will probably not be able to access those pages.)

While Plaxo uses cookies to enable you to use the Services and the Site, and our Web servers automatically log the Internet Protocol (“IP”) address of your computer, Plaxo does not use this information to identify you personally except to provide you with the features of the Services.

Log Files and Backups

Like most Internet services, we use log files, both on the client and server side. The data held in log files includes your IP address, browser type, e-mail application, Internet service provider (“ISP”), referring/exit Web pages, computer platform type, date/time stamp, and user activity. Plaxo uses server log data to analyze trends, administer the Services and the Site, and improve service levels. IP addresses are not tied to any Personally Identifiable Information.

The Software has associated log and temporary files that are stored on your local hard drive and on Plaxo’s servers. These files store Your Account Information, your permissions, preference settings, system notifications as well as other data necessary to operate the Plaxo Network™. Your Information resides locally in the e-mail application you designate to work with the Services and the Software, as well as on Plaxo’s servers, unless you have chosen to disable the ability to view Your Contact List and PIM Information on the Site.

Note that even if you have chosen to disable this capability, whenever you choose to send an Update Request e-mail to a designated recipient, that recipient’s contact information will need to be temporarily copied to Plaxo servers (i.e., this information is necessary to send the Update Request). As soon as the Update Request has been processed, that information will be deleted from our servers.

Your Information may also exist temporarily within regularly performed server backups. Plaxo retains backups for a period no greater than 30 days before deleting them.

Member Communications

We may send all new Members confirmation e-mails verifying the ownership of the e-mail addresses provided in Your Account Information. We also communicate with you to provide requested services and in regard to issues relating to your account.

Members may occasionally receive information on Plaxo products, services, news and events. Out of respect for your privacy, we present you with the option to not receive these communications. You may change your current setting by modifying your Account preferences using the Software or Site.

On rare occasions it is necessary to send out a strictly service-related announcement which is not promotional in nature. This announcement may notify you of changes to the Privacy Policy and/or Terms of Service Agreement, as well as planned service suspensions and outages. Generally, you may not opt-out of these communications, though you can deactivate your account. These notifications will generally be sent to a validated e-mail address for your account.

Links

The Site contains, and the Software may present, links to other sites. Please be aware that Plaxo is not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave the Site or otherwise link to other sites, to read the privacy policies of each and every site that collects personally identifiable information. Plaxo’s Privacy Policy applies solely to information collected by the Services, the Software or the Site.

The Site also contains links to Plaxo’s Community Forums (forum.plaxo.com) and The Plaxo Blog (blog.plaxo.com). These provide interactive venues for members and others to learn more about Plaxo, receive support from other members, and send us feedback. To use these venues, you do not have to be a Plaxo member, but may be required to provide user registration information (Login name, password, and email) in order to post to these sites. All other profile information is optional.

If you use a bulletin board or chat room on this site, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these forums

Children’s Privacy

Plaxo is committed to protecting the privacy needs of children and we encourage parents and guardians to take an active role in their children’s online activities and interests. Plaxo’s Services, Software and Site are not intended for and may not be used by children under the age of 13. Plaxo does not knowingly collect information from children under the age of 13 and Plaxo does not target its Services, Software and Site to children under 13.

Safe Harbor Principles and the EU Directive

Plaxo is a participant in the Safe Harbor program developed by the U.S. Department of Commerce and the European Union. We have certified that we adhere to the Safe Harbor Privacy Principles agreed upon by the U.S. and the E.U. For more information about the Safe Harbor and to view our certification, visit the U.S. Department of Commerce’s Safe Harbor Web site.

Government Authority

You should be aware that, as with all legal contracts, our Terms of Service and this Privacy Policy could be amended, terminated or modified without the consent of you and/or Plaxo by judicial proceeding, court order, in connection with bankruptcy or other insolvency proceedings, or pursuant to other government action. When reasonable and lawful, we will notify you if this occurs.

Security and Confidentiality

• If you forget your password, you will be asked to go on the Plaxo Web site, answer your security question and create a new password. No plain text passwords will ever be passed through e-mail.
• The Services use Secure Socket Layer (“SSL”) for all client-server communication using Your Information.

• Your Web-based access to Your Information is protected by an encrypted password. We recommend that you do not disclose your password to anyone.
• Additionally, Your Information resides on a firewall-protected server that only selected Plaxo personnel have access to via password. Plaxo strives to prevent unauthorized parties from viewing Your Information.

Changes to the Plaxo Privacy Policy

If we change the Privacy Policy, we will post the new Privacy Policy on the Site with a link from the Site’s homepage, so that you are always aware of what information we collect, how we use it, and under what circumstances—if any—we disclose it. Any substantive changes to the Plaxo Privacy Policy will be posted 30 days prior to taking effect.

We will use Your Information in accordance with the Privacy Policy under which the information was collected. If, however, we plan to use Your Information in a manner different from that stated at the time of collection we will notify you via e-mail and/or through a notice on our Web site and any other appropriate methods and you will have a choice as to whether or not we use Your Information in this different manner. Whether or not you wish to have Your Information used in this different manner, you will retain ownership rights to Your Information and the ability to delete Your Information at any time. Please note, if you have deleted or deactivated your account with the Services or are an opt-out User, then you will not be contacted, nor will Your Information be used in this different manner.

Contacting Us

If you have any questions or suggestions regarding the Privacy Policy, please .

Plaxo, Inc.
1300 Crittenden Lane
Suite 300
Mountain View, CA. 94043