SILICON MICROSTRUCTURES INC.: TERMS OF USE

LEGAL NOTICES, TERMS OF USE, AND PRIVACY POLICY
Last revised as of 14 May 2007.

Agreement to be Bound.

By accessing a site, continuing to access a site, or downloading materials from a site, you agree to abide by the terms of use described in this notice. If you do not agree to abide by these terms of use, do not use a site or download materials from a site.

General Information.

These are the legal notices and terms of use and the privacy policy that apply to the domain(s) below. We refer to the website(s) accessible through the domain(s) and all related websites as “sites” and to each of them as a “site.”

si-micro.com

When we refer to “we,” “us,” or “our,” we mean Silicon Microstructures, Inc., a California corporation, or the specific division, subsidiary, or affiliate that operates a site, provides its content, or processes information received through it, each as appropriate and applicable.

When we refer to “you” or “your,” we mean the person accessing the site. If the person accessing the site does so on behalf of, or for the purposes of, another person, including a business or other organization, “you” or “your” also means that other person, including a business organization.

Legal Notices and Terms of Use

Copyrights and Other Intellectual Property.

ALL RIGHTS IN ALL MATERIALS POSTED ON SITES EITHER BELONG TO US OR ARE LICENSED BY US WITH THE RIGHT TO SUE AND OTHERWISE ENFORCE INTELLECTUAL PROPERTY RIGHTS IN SUCH MATERIALS. YOU MAY NOT COPY ANY MATERIAL FROM ANY SITE WITHOUT OUR EXPRESS PERMISSION IN FOR FORM OF A RECORD SIGNED BY US.

Limited License.

Subject to these terms of use, we grant to you a non-exclusive, non-transferable, limited right to access the sites and the materials thereon. You may use the sites for informational purposes and in connection with the purchase of products or services from us.

No Interruption.

You agree not to interrupt or attempt to interrupt the operation of any site in any way.

Use of Materials.

We authorize you to view and download materials from the sites only for your use in connection with the purchase or evaluation of our products and services or in the exercise of any membership rights described in a site. This authorization is not a transfer of any rights in the materials other than those expressly granted. Any copies you make of the materials (including by printing or by retaining electronic copies) are subject to the following restrictions.

(1) You may not remove, or disassociate, from any of the materials any copyright or other proprietary notices contained in the materials;

(2) You may not modify, reproduce, display, perform, distribute, prepare derivative works from, or otherwise use the materials for any purpose not expressly permitted by these terms of use; and

(3) You may not transfer the materials to any other person.

Information Posted on the Site

Except as expressly requested in a site, you should not provide to us any information that you do not want published on a site or presented to other users of a site. To the extent that you provide to us any information by posting it on the site or submitting to us any information for posting on the site (including text, graphic materials, audio, or any other materials):

(1) You represent and warrant to us and to all others that access any site that you own, or possess sufficient rights in, all such information and all such parties may regard such information as publicly disclosable and, in any case, not your confidential information;

(2) You represent and warranty that you have the authority to grant to us the right to use the likeness of any person appearing in any graphic material in the commercial promotion of our products and/or services and you grant to us that right;

(3) You grant to us an exclusive, irrevocable, worldwide, fully-paid, royalty-free license to use, reproduce, display, publicly perform, prepare derivative works from, transmit and distribute such information as we see fit;

(4) You grant to us the right to sue or to otherwise enforce all intellectual property rights in such materials (including the right to sue for past infringement) including, without limitation any user of a site or other person who copies, replicates, duplicates, or windows any such materials; and

(5) We are free to use any ideas, concepts or know-how contained in such information without any compensation or remuneration to you.

CAN-SPAM, Telephone Consumer Protection Act and Similar Law.

Your use of a site establishes a business or other applicable relationship with us for purposes of CAN-SPAM, the Telephone Consumer Protection Act, and all other applicable law that addresses unsolicited commercial communications. By accessing, or continuing to access, this site, you agree that we or our agents may call, e-mail, or otherwise communicate with you regarding promotion of the sale, lease, or exchange of goods, services, real property, or any other thing of value.

Misuse of the Sites.

You may not make any statements on, or provide or post any information to, a site that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that, without due authorization, incorporates the proprietary material of another.

Disclaimer of Warranties.

THE SITES AND ALL MATERIALS AVAILABLE ON OR THROUGH THEM ARE PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH THE USER. WE FURTHER DISCLAIM ALL IMPLIED WARRANTIES AS TO INFRINGEMENT OR MISAPPROPRIATION, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

Revisions to Terms of Use.

We reserve the right, at our sole discretion and without any notice, to change, modify, add, or remove any portion of these terms and conditions at any time. Changes in these terms and conditions will be effective when the revised terms and conditions are posted. Your use or continued use of any site after any changes to these terms and conditions are posted will be considered acceptance of those changes. READ THESE TERMS AND CONDITIONS AND THE RELATED PRIVACY INFORMATION EVERY TIME YOU ACCESS ANY SITE TO MAKE SURE THAT YOU CONTINUE TO AGREE TO THEIR TERMS.

Changes to the Site.

We may terminate, change, suspend, or discontinue any aspect of any site, including the availability of any features of any site, at any time. We may also impose limits on certain features and services or restrict your access to parts or a site or one or more entire sites without notice or liability. We may terminate the authorization, rights, and license given above and, upon such termination, you will immediately destroy all materials that you obtained from or through the site and that are in your possession or control.

International Users.

The site is controlled, operated and administered by us or our agents from offices within the United States of America and/or the Federal Republic of Germany. We make no representation that materials at this site are appropriate or available for transmission to or from, or use in, locations outside of the jurisdiction(s) stated above and accessing any site from any jurisdiction where such site’s contents are illegal is prohibited. You may not use the site or export the materials in violation of import or export laws and regulations. If you access a site from a location outside of the United States, you are responsible for compliance with all local laws.

Choice of Law, Jurisdiction, and Venue.

The laws of the State of California and the federal laws of the United States (without regard for choice of law rules) govern these terms of use, the privacy policies, and performance under them. Any suit or other action arising out of, or in any way connected with, your use of any site may be brought only in the courts of the State of California sitting in Santa Clara County, California or in the United States District Court for the Northern District of California. You irrevocably consent to the jurisdiction and venue of such courts.

Limitation of Actions.

You must commence any suit or other action in connection with your use of any site within one year after events giving rise to the claim or cause of action occur.

Partial Invalidity.

If, for any reason, a court of competent jurisdiction finds any provision of these terms of use or any privacy policy, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms of use and the privacy policy, and the remainder of these terms of use and the privacy policy shall continue in full force and effect.

Responsibility for Username and Password

We may provide to you a username and a password to use in accessing one or more sites. Until you notify us otherwise and we have had a commercially reasonable time to respond to your notice, we may, and will, assume that every transaction entered into, every authorization received, and every act or omission undertaken using your username and password are fully authorized by you. Except to the extent that your password or account are compromised by our gross negligence, you are entirely and absolutely responsible for all activity performed using your username and password. KEEP YOUR PASSWORD CONFIDENTIAL. DO NOT WRITE IT DOWN. CHANGE IT OFTEN. DO NOT USE COMMON WORDS OR NAMES OF PETS, FAMILY MEMBERS CELEBRITIES, OR OTHER WORDS THAT ARE EASILY GUESSED.

Other Provisions

Certain areas and features of sites contain terms and conditions specific to those areas and features. Such terms and conditions are in addition to these terms and conditions and prevail over these terms and conditions and the privacy policy only to the extent it is not possible to construe these terms or the privacy policy consistently with such other terms and conditions.

Limitation of Liability

Without affecting any other limitation of liability contained in these terms of use or otherwise, IN NO EVENT WILL WE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE ANY SITE OR ANY SERVICE RELATED THERETO, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF WE KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL OUR AGGREGATE LIABILITY, ON ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, EXCEED THE PRICE PAID BY YOU TO US.

_____________________________________________________

General Privacy Policy

These privacy policies disclose the general privacy practices for the sites. The policies do not cover information we collect by means other than a site. If you have any questions about how we use information collected by means other than a site, you should inquire at or before the time you give such information to us.

This General Privacy Policy will apply except where prohibited by law including, but not limited to, personal information submitted by citizens of EU member states. EU citizens who submit their personal information using a site expressly agree to the terms of the General Privacy Policy and waive any different rights under law.

Solely to the extent that the law of the EU or of an EU member state requires a privacy policy and provisions counter to those in the General Privacy Policy, the EU Privacy Policy below will apply to personal information collected from citizens of EU member states.

Additionally, this policy contains several important exceptions, most notably the exception involving use of information to identify and/or pursue persons who are under criminal investigation or who damage, or may damage, our information or other resources. Please read the entire privacy policy to be sure that you understand these exceptions.

Information Ownership, Collection and Use

We are the sole owner of the information collected through the sites. We will not sell, share, or rent this information to others in ways different from those disclosed in this policy. We may collect information from users at several different points on a site.

This privacy policy addresses some types of information, means of collecting information, and uses of information that may not presently apply to one or more of the sites. We tell you about these types of information, means of collecting information, and uses of information anyway because we want to maintain flexibility in offering additional features without having to revisit our terms and conditions or privacy policy every time we revise a site or offer new functions. No description of any type of information, means of collecting information, or use of information will require us to collect any particular information, make any particular use of any information, or offer any particular functionality through any site.

Child Online Privacy Protection Act (COPPA) Compliance and Related Information

The Child Online Privacy and Protection Act (COPPA) regulates online collection of information from persons under the age of 13. It is our policy to refrain from knowingly collecting or maintaining personally identifiable information relating to any person under the age of 18. If you are under the age of 18, please do not supply any personally identifiable information through the site. If you are under the age of 18 and have already provided personally identifiable information through the site, please have your parent or guardian contact us immediately using the information below so that we can remove such information from our files.

Ordering, Event Registration, and Related Processes

When and if you order products or services using a site or register for an event, we request information from you using an order form. When we already have information about you (such as through a previous order or registration, whether received through a site or otherwise), we may use such information to facilitate the order or registration process. When using an order form, you must provide contact information (such as name and shipping address) and financial information (such as credit card number and expiration date). This information is used for billing purposes and to fill your order. If we have trouble processing an order, we use this contact information to contact you.

Cookies

A cookie is a piece of data stored on the computer that runs an Internet browser. It can contain information about you, your computer, your browser, your session, the websites you visit, and other information about you or others who use, or have used, the computer or browser you use to access the Internet. The cookies we use, if any, are not linked to any personally identifiable information while using a site unless you have given us permission to link personally identifiable information to one or more cookies. You give us that permission any time you register on a site, place an order through a site, or identify yourself or the computer you are using through a site.

Most or all browsers permit you to disable or reject cookies. You can do this by setting the preferences in the browser. Use the “help” feature of your browser to obtain more information about refusing cookies. As of the time we wrote this privacy policy, there was information about how to disable cookies at the following websites. We do not operate either of these websites and we make no representation or warranty about the information contained in the websites to which these links will take you.

http://support.microsoft.com/default.aspx?scid=kb%3ben-us%3b283185

http://wp.netscape.com/legal_notices/cookies.html

If you set the browser you use to reject cookies, you can use the sites, but you may not be able to use the full functionality of one or more of the sites or it may take additional time to utilize such functionality.

One or more of the organizations with which we do business, or to which we provide links from a site, may also use cookies. We have no control over such organizations’ uses of cookies and users should review the privacy policies of such organizations to determine the uses such organizations make of cookies.

Log Files

We or our hosting provider may collect traffic information from visitors for statistical analysis and site improvement. When you accesses a site, we or our hosting provider may collect information about your visit in a log file on a server. Log file information may include, but is not limited to, internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks. We or our hosting provider use this information to analyze trends, administer sites, track users’ movements in the aggregate, and gather demographic information for aggregate use. IP addresses and other log file information are not linked to personally identifiable information. We do not try to track users or to identify users individually except as otherwise stated in this policy, but we or our hosting provider do review this information to understand overall trends and to determine what kinds of content are popular and useful to users.

Sharing

(a) Aggregated information. We or our hosting provider may share aggregated demographic information with our users, our affiliated organizations, and other organizations with which we do, or contemplate doing, business. Such information is aggregated and is not linked to any information that can identify individual users.

(b) Outsourcing providers. We may use outside shipping or other outsourcing providers to process and ship orders or perform other functions. We use commercially reasonable diligence to restrict the purposes for which these outsourcing providers may use your personally identifiable information. The requirements or requests that we impose on such outsourcing providers vary with the sensitivity of the information and can, but do not necessarily, include requirements that these outsourcing providers not retain, share, store, or use personally identifiable information for any secondary purposes, except for backup and recovery operations. Although we use good faith efforts to impose, and/or ensure compliance by our outsourcing providers, we cannot, and will not, be responsible to users for misuse of personally identifiable information by such outsourcing providers. This section is meant as a general description of our practices. It does not impose any duty upon us and it does not constitute a representation or warranty by us upon which you may rely.

(c) Specific services. We may have agreements with other parties to provide specific services. When you use such services, we may share personally identifiable information with such parties. In such cases, we will use good faith efforts to restrict the information provided to the information necessary for the provision of such services.

(d) General use. We share personally identifiable information (whether in return for compensation or otherwise) with various vendors, suppliers, and advertisers. While we use good faith efforts to verify that such vendors, suppliers, and advertisers promote products and services of interest to site users, we cannot, and do not, endorse such vendors, suppliers, advertisers, products or services unless we expressly state otherwise. We share only such information as you yourself provide to us or someone else provides about you (such as through a registration process) and do not share personally identifiable information derived indirectly through IP address tracing or similar means. If you wish us to refrain from providing your personally identifiable information in this manner, please see the opt-out information and contact information provided below.

Links and Information Gathered by Others

One or more sites may contain links to other websites. We do not operate those websites and we cannot control the information that the operators of such websites gather or what the operators of such websites do with the information. We are therefore not responsible for the activities of the operators of such websites.

Newsletter

If you wish to subscribe to a newsletter we offer or to a mailing list that we maintain, we will collect from you contact information necessary to send the newsletter or other information to you. This is usually limited to your e-mail address, but may include other information.

Surveys and Contests

From time to time, we may request information from you using surveys or contests. Participation in these surveys or contests is completely voluntary and you therefore have a choice as to whether to disclose this information. Information requested may include contact information (such as name and address) and demographic information (such as zip code and type of user). We will use such contact information to notify winners and award prizes, and to monitor or improve the use of one or more sites and provide aggregated information for our own uses or to our customers or other organizations, and we may also use it to notify you of news about us or our affiliates or promotions of our products or services or the products or services of people with whom we do business.

Tell-A-Friend

We may offer a referral service that allows you to inform your friends and other acquaintances about content on the site or to forward information to them. If you elect to use such a referral service, we will collect the friend or acquaintance’s e-mail address and use it to send to the friend or acquaintance a one-time e-mail inviting the friend or acquaintance to visit one or more sites or providing the information you requested. We store this contact information for the sole purpose of sending the one-time e-mail. When you use such a service, you represent and warrant to us that you have an existing business or personal relationship with the friend or acquaintance sufficient to avoid liability under any law that applies to unsolicited e-mail. You will be the sender of any such e-mail and we will merely be a service provider facilitating your sending of the e-mail.

Security

Where we collect nonpublic personal information from you, we or one or more of our service providers use industry-standard encryption and security standards to protect such information. You can tell whether encryption is being used by noting the “locked” or other status indicator on the browser you are using. If the browser you are using does not indicate that the session is secure (e.g. by displaying a lock, a key or another icon), you should assume that the connection is not secure and that third parties will receive the information shared by you and us during that part of the session.

We also use commercially reasonable efforts to protect user information offline. All sensitive user information is maintained in our offices or at the facilities of our information technology provider(s). We cause access to servers and connections to be limited by key or other access. Only employees or agents who need the information to perform specific functions are granted access to personally identifiable information. We use reasonable efforts to assure that our employees and agents are informed of our security and privacy practices.

Supplementation of Information

We sometimes supplement the information we receive from you with other information we receive from third party sources, such as credit card issuers or clearinghouses.

Special Offers

We may send to you a welcoming e-mail that may also verify password and user name information. We occasionally send newsletters or information about products, services, and special deals to users like you. You may opt to not receive such informational communications by using the contact information below.

Site and Service Updates

We may also send to you updates and service announcements about one or more of the sites. You may not un-subscribe or opt not to receive such announcements because such announcements contain important information about the services offered through the relevant site(s).

Misappropriation of Personal Information

For the purposes of any applicable law regarding notification of persons whose personal information was, or is reasonably believed to have been, acquired by an unauthorized person, our information security policy provides that any required notification may, where permitted by law, be made by the use of e-mail, telephone, fax, mail (including a notice printed in an available area of a bill or statement) or posting a notice on a site. The specific means used is up to us and we will use our judgment based on the circumstances. Where any notice is to be sent to a specific address or number (such as e-mail address, physical address, telephone number, etc.), we will use the latest available address in our records. EXCEPT TO THE EXTENT PROHIBITED BY LAW, YOU AGREE TO THIS MEANS OF NOTIFICATION.

Correcting or Updating Personal Information

If your personal information changes, if you have reason to believe that your personal information as we maintain it is incorrect, or if you no longer desire service, you may contact us using the contact information below and we will accommodate all reasonable requests for such changes.

Choice/Opt-out

Users who no longer wish to receive newsletters or promotional materials or have their information provided to third parties may opt to not receive such communications or have information shared by contacting us using the information below. We will comply with such requests as soon as is commercially practicable. Such compliance may involve batch processing and other processes that take 30 days or longer. If you opt not to receive such communications or allow us to share your information and then give your personal information to us again using a site or under other circumstances that permit us to use your information, we will regard your opt-out as rescinded.

In most cases, it is impractical for use to stop any other party to whom we have supplied your information from continuing to use the information and opting out will usually not stop others to whom we have provided your information from continuing to use it.

To change your preference with regard to the way your information is treated:

Send e-mail to sales@si-micro.com

Response Times

We will use commercially reasonable efforts to timely make any changes you request. Many such changes are accomplished using batch processing (i.e. collecting a number of similar change requests and making all such changes at once), so the changes may not be immediately effective. If you require an immediate change to your personally identifiable information and are unable to make such a change using the available site resources, please contact us.

Changes to This Privacy Policy

If we decide to change this privacy policy, we will post the changes on one or more sites and/or other places we deem appropriate.

Except as stated below, we will use information in accordance with the privacy policy under which the information was collected.

If we decide to use information about you in a manner different from that stated in the privacy policy in effect at the time of collection, we will notify you by e-mail if, and to the extent that, you have provided your e-mail address. If you reply to such an e-mail within a reasonable time and request that we not use your personally identifiable information in the proposed new manner, we will honor your request, but we reserve the right to suspend your access to all or part of the services offered through one or more sites if you do so. If you do not reply to such an e-mail, or we receive a reply of “undeliverable” or similar message from your last known e-mail address, in either case after a reasonable time, we will use the information in the proposed new manner.

BY USING A SITE, YOU AGREE TO THIS CHANGE PROCEDURE.

Exceptions

Notwithstanding anything else in this privacy policy to the contrary, we may collect personally identifiable information and use such information in ways other than those described above if we are required to do so by law or if we deem it advisable in the course of assisting law enforcement activities or protecting our site(s) or other property. Without limiting the foregoing, we reserve the right to use and disclose any information that you provide to us if we deem it advisable in the prosecution or defense of any litigation involving your use of any site..

Contact Information

If you feel that we are not abiding by this privacy policy or if you have questions regarding the policy, you may contact our privacy liaison using the following information.

Privacy Liaison
1701 McCarthy Blvd.
Milpitas, CA 95035

Tel.: (408) 577-0100
Fax: (408) 577-0123
E-mail: sales@si-micro.com

If you (a) wish to begin or end receipt of newsletters or promotional information (b) wish to update your user information, or (c) wish to opt in or out of any other service offered through the site, please contact our technical personnel using the following information. Please be sure to include your name and your user name (if applicable), but do not include any information regarding your password(s), if any.

Website Technical Support
1701 McCarthy Blvd.
Milpitas, CA 95035

Tel.: (408) 577-0100
Fax: (408) 577-0123
E-mail: sales@si-micro.com

European Union Privacy Policy

This is the European Union Privacy Policy (the “EU Policy”). It interacts with the General Privacy Policy above as stated above in the introduction to the General Privacy Policy. We anticipate that this EU Policy will not apply at all or will apply very infrequently.

The EU Directive on the Protection of Personal Data (the “EU Directive” or the “Directive”) prohibits, in the absence of consent, the transfer of personal data to non-EU countries that do not meet the European “adequacy” standard for data protection. The EU standard is specified in a number of privacy principles as detailed below. We have listed the privacy principles below, along with the ways we comply with those principles.

“Personal data” and “personal information” and “your information” means data about you that identifies or can identify you and that is within the scope of the Directive, received by us from a source in the European Union, and recorded in any form.

This EU Policy applies to all personal information about you that we collect, maintain, or disclose, regardless of the way in which we collect it (i.e. whether through a site or otherwise).

Notice

If we state a specific purpose for gathering of information at the time we ask you to give the information to us, we will not use the information for any purpose other that the purposes stated or for purposes reasonably related to fulfilling that purpose. For example, if you give us your contact information in connection with the purchase of a product, we will use that information to communicate with you about the product (e.g. warranties, claims, features, maintenance, and use) and about issues reasonably related to the product (e.g. to tell you about user groups, events, and additional information that are available to you online, through print media, or in your physical area). We will not use the information for any purpose about which we have not notified you as of the date you provide the information to us and/or as of the date you give to us your further express or implied consent after receiving such notice.

You can contact us with any inquiries or complaints using the contact information above.

If you choose to revise or withdraw your consent at any time, you may contact us using the information above and, to the extent we do not have a right under the Directive to continue to obtain, maintain, and/or disclose such information, we will comply with your request.

Choice

Except as otherwise provided by the Directive, you may choose whether your personal information is (a) to be disclosed to a third party or (b) to be used for a purpose that is incompatible with the purpose(s) for which it was originally collected or subsequently authorized by the individual. You may express your choices to us using the contact information above.

For sensitive information (e.g. personal information specifying medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, or information specifying sex life), we will give you an affirmative or explicit choice if the information is to be disclosed to a third party or used for a purpose other than those for which it was originally collected or subsequently authorized by you.

Consistent with the Directive, we may or may not solicit or obtain your consent where the use of your personal information is (1) in your vital interests of the interests of another person; (2) necessary for the establishment of legal claims or defenses; (3) required to provide medical care or diagnosis; (4) necessary to carry out our obligations in the field of employment law; or (5) related to data that you manifestly make public.

Onward Transfer

We apply the Notice and Choice principles above when providing your personal information to third parties. Where we wish to transfer information to a third party that is acting as our agent we may do so if we first either ascertain that the third party subscribes to the EU Directive Privacy Principles or is subject to the Directive or another adequacy finding or enter into a written agreement with such third party requiring that the third party provide at least the same level of privacy protection as is required by the relevant principles. Note that, so long as we comply with these requirements, you may not hold us responsible (unless we specifically agree otherwise in an authenticated record that refers to this provision) when a third party to which we transfer such information processes it in a way contrary to any restrictions or representations, unless we knew or should have known that the third party would process it in such a contrary way and we have not taken reasonable steps to prevent or stop such processing. If you suspect, or become aware of, any such processing, please contact us using the information above and give us as many specifics as possible.

Investment bankers or auditors may process your personal information without your knowledge, but only to the extent and for the period necessary to meet statutory or public interest requirements and in other circumstances in which the application of the EU Privacy Principles would prejudice our legitimate interests. These legitimate interests include the monitoring of our compliance with our legal obligations and legitimate accounting activities, and the need for confidentiality connected with possible acquisitions, mergers, joint ventures, or other similar transactions carried out by investment bankers or auditors.

Security

We are required to take reasonable precautions to protect your personal information from loss, misuse, and unauthorized access, disclosure, alteration and destruction. We use the means described in the Security section of our General Privacy Policy above.

Data Integrity

The personal information we use must be relevant for the purposes for which it is to be used. We will not process personal information in a way that is incompatible with the purposes for which it has been collected or subsequently authorized by you. We generally assume that information that you give to us is accurate. If information you give to us is inconsistent with other information you give to us or with information that is available in public records or from other sources we are permitted by law to use, we will use reasonable efforts to make sure that the information we process is accurate. If, using prudent business practices, we reasonably satisfy ourselves that we have identified the correct information, we will make the correction internally and may or may not confirm the correction with you.

Access

You may have access to personal information about you that we hold and you may correct, amend, or delete that information where it is inaccurate, except where the burden or expense of providing access would be disproportionate to the risks to your privacy in the case in question, or where the rights of third persons would be violated. To access your personal information, and to correct, amend, or delete that information where it is inaccurate, please contact us using the contact information above.

We provide access in the form of disclosure to the affected individual and, unless otherwise required by applicable law, do not permit access to our database.

We may charge you a reasonable fee for access to your personal information. We expect that this fee will approximate our actual costs or providing access to you. We may also waive such fees on a case-by-case basis.

If we refuse access to your personal information for any reason, we will tell you our reasons and will do so as specifically as we can. We may refuse to provide access to information to the extent that disclosure is likely to interfere with the safeguarding of important countervailing public interests, such as national security; defense; or public security. In addition, we may deny access where personal information is processed solely for research or statistical purposes. Other reasons for denying or limiting access are:

(a) Interference with execution or enforcement of the law, including the prevention, investigation or detection of offenses or the right to a fair trial;

(b) Interference with private causes of action, including the prevention, investigation, or detection of legal claims or the right to a fair trial;

(d) Breaching a legal or other professional privilege or obligation;

(e) Breaching the necessary confidentiality of future or ongoing negotiations, such as those involving the acquisition of publicly quoted companies;

(f) Prejudicing employee security investigations or grievance proceedings;

(g) Prejudicing the confidentiality that may be necessary for limited periods in connection with employee succession planning and corporate reorganizations;

(h) Prejudicing the confidentiality that may be necessary in connection with monitoring, inspection or regulatory functions connected with sound economic or financial management; or

(i) Other circumstances in which the burden or cost of providing access would be disproportionate or the legitimate rights or interests of others would be violated.

Enforcement

If we fail to comply with this privacy policy or otherwise comply with the Directive, we encourage you to tell us about the failure to comply and to be as specific as possible so that we can resolve any dispute between us.

If you are not satisfied with the resolution we offer, you may seek redress from us using arbitration. All arbitration will be conducted by the American Arbitration Association according to its applicable rules. The place of arbitration will be Santa Clara County in the State of California, USA. All disputes will be resolved by reference to the EU Privacy Principles and the arbitrator may, among other things, award damages where the applicable law or private sector initiatives so provide. We will follow up and permit the arbitrator to verify that the attestations and assertions we make about our privacy practices are true and that privacy practices have been implemented as presented.