Last updated on November 15, 2006.

This policy, as amended from time to time, (the “Privacy Policy”) governs the data collected by the OrganicPicks service (the “Service”) operated by OrganicPicks Inc., its affiliates and agents (“OrganicPicks”) on this website and all other OrganicPicks websites with links to this website (collectively, the “Site”) as well as the OrganicPicks software available from and operated in connection with the Site that are a part of the Service. This Privacy Policy does not govern privacy practices associated with offline activities, websites other than the Site, or products and services of third parties that may be obtained or accessed via the Service.

If you have objections to the Privacy Policy, you should immediately discontinue use of the Site and the Service enabled by the Site, and contact the Privacy Policy Administrator at privacy@organicpicks.com. You can also contact the Privacy Policy Administrator at OrganicPicks Inc., P.O. Box 4363, Mountain View, CA 94040.

The Site and the Service are intended for adult audiences, and OrganicPicks does not knowingly collect any personal information from anyone under 13 years of age.

Collection and Use of Personal Information: When we use the term "Personal Information" we mean information such as your first/middle initial or name and last name, street address, town or city, state, zip code, telephone number, instant-messenger nickname, blog or other personal website URL, date of birth, e-mail address and any other information that would allow someone to identify you or contact you. Personal Information also includes information about your personal preferences, use of the Service and content that you have obtained via the Service, survey responses and your transactions or relationship with us. We collect Personal Information about you when you visit the Site and when you input information, when you register to use any services, features or functions on the Site, when you participate in promotions, when you use or obtain applications and data via the Service, or in the course of any other exchanges of information, transactions and activities. We may use the information we obtain from you or your usage of the Service, including Personal Information, to tailor your experience with the Service, to display content we think may be of interest to you, or to let us customize what you see when you visit the Site or use the Service according to your preferences. This data may also be shared with advertisers or other third parties on an aggregated basis. We may also maintain a database of transactions conducted on the Site and we use this information to effect such transactions and in aggregate form to track the success of the Site.

The OrganicPicks Desktop Client that is part of the Service is associated with a unique identifier. Through this identifier, OrganicPicks collects information about Service usage, which is used to operate and improve the Service and its content, to determine the content that may be transmitted to you using the Service, and for other diagnostic, marketing and promotional purposes.

It is your responsibility to give us current, complete, truthful and accurate information and to keep the Personal Information that you provide to us up to date. We cannot and will not be responsible for any problems or liability that may arise if you do not give us accurate, truthful or complete information or you fail to update the information you give us. To correct any inaccuracies or to update the information you have provided to us, in addition to the options available to you on the Site and the Service, you may contact the Privacy Policy Administrator.

During Registration: When you register with OrganicPicks, you are required to provide us with your e-mail address, as well as optionally additional Personal Information. As a registered user of the OrganicPicks, from time to time, we have your permission to provide you with certain communications such as but not limited to, e-mail newsletters and other periodic information or updates on our offerings. You have the right to opt-out or change your preferences at any time or unsubscribe to particular e-mail communications by responding to that e-mail and using the 'unsubscribe' or opt-out procedure included in that communication.

If you are a registered user, you acknowledge, understand and agree that you are giving us your consent to track your activities, your use of the Service, its functions and features, and agree to this Privacy Statement and our software license agreement (the “Agreement”) with you.

Sharing of Information with Business Partners and Others: If you signed up for the Service through one of our business partners or entered into an agreement with a third party regarding the use of the Service, such party shall have access to your Personal Information and the use of your Personal Information by that party shall be subject to such third party’s privacy policy. Absent such an agreement on your part, the aggregate data we collect in connection with the Service may be shared with advertisers and other business partners of OrganicPicks and/or its affiliates, but we do not give any Personal Information to them as part of the relationship except as described in this Privacy Statement.

Use of Content: Certain programs and content that you may receive via the Service may request your Personal Information or provide that you enter into separate or additional agreements providing for the use or collection of your Personal Information. These arrangements are not governed by the Service and are outside of the control of OrganicPicks. Once you are registered with OrganicPicks, the Service should not require you to re-enter your Personal Information. You should therefore treat any such requests to collect your Personal Information or to enter into any agreements or other terms and conditions the same way that you would treat such requests that you encounter during your use of the Internet. Content that you receive via the Service may direct you to one or more locations on the Internet and those locations may in turn direct you to Internet sites that are not affiliated with the Service or one of our business partners. Accordingly, you should exercise caution whenever content that you have obtained via the Service requests that you provide Personal Information. If you are ever in doubt as to whether Personal Information is required for your use of the Service, you should refuse to provide such information and should contact our Customer Service representative at: support@organicpicks.com.

Cookies and Similar Technology: We use 'cookie' technology on our website to collect data regarding your visits to that site. We use cookies and similar tracking technologies in a variety of ways, including:

• Keeping count of your return visits to our websites or our advertisers' or partners' sites;
• Accumulating and reporting aggregate, statistical information in connection with the Service and our websites;
• Determining which features users like best; and
• Understanding and keeping track of requests for content.

Although we may track the numbers of users to inform us on how best to improve and update the Service and enhance the experience for all visitors, Personal Information is not extracted in this process. We use tracking information on an aggregated basis to help us operate OrganicPicks, enhance and improve our Service, improve the look of the Service and our websites and display advertising and marketing information.

The Service and our websites may contain advertisements, references and links to other websites and organizations. We may also use third parties to display or serve advertising on the Service and our web-based newsletters or other communications which you may choose to receive. Often these third party advertisers employ cookie and web bug technologies to measure advertising effectiveness. You should be aware that different rules might apply to the collection, use or disclosure of your information by third parties in connection with their advertisements, promotions and other websites you encounter on the Internet. The use of such technology by these third parties is within their control and not ours. Even if we have a relationship with the third party, we do not control those sites or their policies and practices regarding your information. This Privacy Statement does not cover any use of Personal Information that an Advertiser or ad server may collect from you. We encourage you to investigate and ask questions directly of them in this regard.

Privacy of Your Postings: We respect the privacy of the contents of users' e-mail and any postings on our websites. However, we reserve the right to monitor, edit, and disclose your use of the Service, information pertaining to any e-mail or posting or its contents to a third party if we believe such action is required by law or is necessary to protect and defend our rights, to enforce this Privacy Statement or our Agreement, or to protect the interests of our users, affiliates, advertisers, suppliers, service providers and others.

Disclosure to Third Parties: We do not sell, rent, lease or disclose your Personal Information to unaffiliated entities or entities that are not our advertisers, except in the limited circumstances listed below. When we plan to disclose your Personal Information to advertisers, we ask you to opt-in to do so, in which case their use of your information is subject to the advertisers' own privacy policies. The Service also offers co-branded services and features, which are events and/or promotions that we put together with another company ("Co-Branded Partner"). We will share your Personal Information with our Co-Branded Partner and your voluntary use of or participation in a co-branded promotion, service, feature or function, means that you opt-in and have given your affirmative consent to both OrganicPicks and our Co-Branded Partner to collect and use your Personal Information. If you wish to opt-out of a Co-Branded Partner's future use of your Personal Information, you will need to contact the Co-Branded Partner directly.

We also have the right to disclose your Personal Information to third parties for the purpose of administering and maintaining OrganicPicks services, features, functions and operations. We will refer to these third parties as "service providers" and we use service providers to efficiently provide the full range of content and the services, features and functions we bring you and we request that our service providers also protect your privacy and not disclose your Personal Information to third party marketers that are not associated with the OrganicPicks. Additionally, such service providers are not permitted to use your Personal Information for their own marketing or promotional purposes.

We will make your Personal Information available to non-affiliated third parties in the following limited circumstances:

• When we are compelled to do so by a governmental agency, court or other entity (e.g., to respond to subpoenas, court orders or legal process);
• If we believe your actions violate any law, regulation, our Agreement, this Privacy Statement, or any of our other terms and conditions, Rules, offerings or any other services, features or functions of the Service, or if you threaten the rights, property or safety of other users of the Service, OrganicPicks, its affiliates, or any of its or their service providers, suppliers, advertisers, customers, users, registered users or any other party;
• If, in our sole discretion, we believe such disclosure to be necessary or appropriate to investigate or resolve possible problems or inquiries, to protect our business and assets, to defend our interests and/or to comply with our legal and regulatory obligations; or
• In the event of a bankruptcy, merger, acquisition, transfer of control, joint venture or other business combination involving us, or our affiliates.

Security & Protection of Personal Information: Your information is stored on our servers located in the United States, Canada and elsewhere. We maintain reasonable standards of security and confidentiality. However, as with most Internet sites, it is possible that third parties may unlawfully intercept or access transmissions or private communications over an unsecured transmission. We also limit access to the Service by our own employees to those individuals who are authorized for the proper handling of such information and any employee found violating our standards of security and confidentiality will be subject to our disciplinary processes. We request that our service providers follow the same policy.

We reserve the right to deny access, use and registration privileges to any user, including, without limitation, a registered user of any services, features or functions of the Service, if we believe there is a question about the identity of the person trying to access any services, features or functions of the Service. If the burden or expense of providing access to your Personal Information is disproportionate to the risks to your privacy, or if the legitimate rights of others would be violated, we may decide not to provide access to such information. In such cases, we will provide to you an explanation of why access cannot be provided and a contact person for further inquiries.

Questions: If you have questions about our Privacy Statement or if you do not understand any information about how we collect, maintain, use or share your personally identifiable information, you may contact us directly by sending us an e-mail to our Privacy Policy Administrator at privacy@organicpicks.com.

Review, Correction of Your Information and Requesting Removal from Mailing Lists and Deactivating Your Account: If for any reason you are concerned that the personal information maintained by OrganicPicks is not correct, or should you wish to have your account(s) deactivated or be removed from our mailing list, please email the Privacy Policy Administrator at privacy@organicpicks.com. We will be happy to review, update or remove information as appropriate. We may still retain your information in our files however, to resolve disputes, enforce our Agreement, and due to technical and legal requirements and constraints related to the security, integrity and operation of the Site.

By using the Site or the Service, you signify your assent to the OrganicPicks Privacy Policy. If you do not agree to this policy, please do not use the Site or the Service. We reserve the right to make changes in this policy at any time. Please check the policy each time you use the Site or the Service to ensure you are aware of any changes in our privacy practices. Our privacy policy will indicate the date it was last updated. Your continued use of the Site or the Service will signify your acceptance of the changes to our Privacy Policy.

Sole Statement: This document is the sole statement of OrganicPicks’ Privacy Policy with respect to the Service, and no summary, restatement, prior policy or other version thereof, is valid.