Privacy and Security Policy for HourTown, Inc. d.b.a., “FreshGuide” (hereinafter “Company”)

Last Updated December 16, 2009

We respect your privacy. We have established this privacy and security policy (“Privacy and Security Policy”) so that you (“you” or “User”) may better understand the information we collect and the manner in which we collect, use and disclose the information collected so that you may make informed decisions when using the Company’s web-based services (including the Company hosted website(s)) (collectively the “Service(s)”). Company reserves the right to change this Privacy and Security Policy. Company provides an interactive online service consisting of information services, content and transaction capabilities provided by Company, affiliates of Company and other third parties. We collect information from businesses and consumers and we also collect information in connection with the operation, maintenance and usage of the Company Services. BY USING OR ACCESSING THE SERVICE(S), YOU ARE ACCEPTING AND AGREEING TO THE PRACTICES DESCRIBED IN THIS PRIVACY AND SECURITY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, EXIT THIS PAGE AND DO NOT ACCESS THE SERVICES.

Information You Post

In connection with the Services, you may choose to upload, publish or otherwise display, or share with others (collectively, “post”) certain material, including contact information, photos, personal information, messages, notes, text, and/or any other content (collectively the “User Content”) on or through the Services. You agree that you are posting the User Content at your own risk and Company and its partners or agents are not responsible for the use, confidentiality, disclosure or security of such User Content.

The Types of Information We Collect

Registration Information for Users: When you register to use the Company Services, in the registration process, Company collects certain registration information from you, including your name, a username and password to be used to access the site (the “Site”), and other the contact information, such as email, address and telephone number, etc. (collectively “Registration Information”).

Billing Information: When you purchase a service or product from a merchant or restaurant (respectively a “Merchant” or “Restaurant”), Company will collect billing information from you, such as your credit card number, expiration date and authentication codes or related information (“Billing Information”).

Other User Information: In connection with the Services, Company may also collect certain information (including personally identifiable information) about you. When you engage in certain activities on the Site, such as creating an account, ordering a product or service from a Merchant or Restaurant, submitting content and/or posting content in discussion forums, entering a contest or sweepstakes sponsored by Company or a Merchant or Restaurant, filling out a survey, posting a review, sending us or a Merchant or Restaurant feedback, requesting information about the Services, submitting an affiliate agreement, applying for a job, posting a video or signing up for special offers from third parties through the Site (collectively, “Identification Activities”), we may ask you to provide certain information about yourself. It is optional for you to engage in an Identification Activity. If you elect to engage in an Identification Activity, however, we may ask you to provide us with certain personal information about yourself, such as your first and last name, mailing address (including zip code), email address, telephone number and date of birth. Depending on the activity, some of the information we ask you to provide is identified as mandatory and some is identified as voluntary. If you do not provide the mandatory information for a particular activity that requires it, you will not be permitted to engage in that activity.

Aggregate Site Usage Information: Company also collects aggregate information from Users regarding their systems and their usage of the Services (including but not limited to, information derived from the web browsers of Users of the Services including information derived from “cookies” or similar technology, Internet Protocol addresses collected from server logs, traffic and volume statistical data, frequency of visits, type and time of transactions, statistical data, browser type, operating system, activity on site, links to external sites, clicks on advertisements, volume statistical information, etc.) (collectively “Aggregate Site Usage Information”).

Information about the Merchant and Restaurant Operations: In connection with the Services, Company may also collect certain information about Merchants and Restaurants and their operations, including, their geographic location, the services and/or products offered by the Merchant or Restaurant, a general description of their operations (including hours of operation), pricing, policies, names of staff members/contractors, contact information for staff members/contractors (including but not limited to email addresses, phone numbers, names of such personnel), photographs of business and/or staff members/contractors, etc. (collectively “Business Information”).

How and When We Use Information Collected

Company (and/or its business partners or contractors) may use any and/or all of the information collected or provided by you for the following general purposes: (a) to provide, maintain, administer, and update the Services; (b) to analyze and evaluate usage of the Services; (c) to support the Users of the Services, including to correct any errors or failures of the Services; (d) to customize any marketing, advertising, and/or other content presented to Users of the Services; (e) to fulfill requests for the Services and/or products; (f) to improve the Services; (g) to conduct research, and/or (h) to provide anonymous reporting and/or data for internal and external clients.

Company (and/or its business partners or contractors) also uses the information collected in the following more specific ways:

Registration Information may be used by Company (and/or its business partners or contractors) to authenticate the User, to contact and communicate with the User, to provide information regarding service updates, to provide service updates and/or other useful information to the User.

Billing Information is used by Company (and/or its business partners or contractors) to charge for Merchant or Restaurant vouchers purchased by Users.

Business Information is deemed public information (including any personally identifiable information provided as contact information) and may be published on the internet, including to third party web sites in order to advertise or promote the business products/services.

Aggregate Site Usage Information is used by Company (and/or its business partners or contractors) to diagnose technical problems, to administer the Services, for product development and testing, for backup/recovery purposes, to improve the quality and types of Services delivered, to analyze the usage and customize the content and/or advertising appropriately, and/or to market/validate services and products offered.

Company (and/or its business partners or contractors) may use “cookies” or similar technologies to identify User traffic patterns and User technology, to collect usage information and aggregate demographic information, to assist Company in delivering the Services, to improve Company’s offerings and/or services, to authenticate Users, to identify Users, to provide a more positive and/or personalized User experience and/or to facilitate access to User accounts, etc. Company (and/or its business partners or contractors) may use third party advertising companies to serve ads and these third parties may send cookies or similar technologies to your computer. Such technologies may be used to tailor the content of information delivered to you. Please understand that blocking cookies and/or similar technologies may interfere with your use of some of the Services.

Company (and/or its business partners or contractors) may also use the User contact information to communicate with the User. For example, Company (and/or its business partners or contractors) may send you emails containing information you requested from the relevant Merchant or Restaurant. Generally, you may configure your personal account settings to set the frequency of emails or opt-out of certain promotional emails; See the section on Communications below.

How and When We Share Information Collected

Sharing Required to Provide Services: We will share the information we collect from you as necessary and contemplated by the Services in order to provide/administer and/or facilitate the Services. For example, we would share a User’s name/contact information with the Merchant from whom they purchased a voucher. By using the Services you agree that you are consenting to disclosure of your personally identifiable information but only to the extent disclosure is necessary to provide or facilitate providing the Services you are requesting.

Agents/Contractors: We may contract with third parties to perform certain tasks on our behalf. We might share certain information we collect with such third parties in order to perform those tasks; examples include sending email, analyzing information, and providing User services. Unless we otherwise inform you, Company’s agents/contractors will not be granted any rights to use any personally identifiable information we share with them beyond what is necessary to perform such services.

Merchants and Restaurants: From time to time, we provide offers from particular Merchants or Restaurants who, as part of the offer, request information on Company customers who purchased the offer. In those cases, we share some of your personally identifiable information with the Merchant or Restaurant. Sharing this information will allow the Merchant or Restaurant to market directly to you should they choose to do so. However, we will only share personally identifiable information with a Merchant or Restaurant if you engage in an Identification Activity, and then only to the Merchant or Restaurant involved in that Identification Activity. Please note that we will only provide a Merchant or Restaurant your information with an opt-in notice to you, in which you will have a chance to choose that Company not give the Merchant or Restaurant your personal information. We specifically disclaim any responsibility or liability for the actions of such Merchant or Restaurant. While we inform them that they are only permitted to communicate with you for the purposes of the specific promotion with Company, we do not have any responsibility for the actions of the Merchant or Restaurant, and the actions of the Merchant or Restaurant are not in our control. All such information will be delivered to the Merchant or Restaurant, subject to their agreement to comply with the terms of this Privacy and Security Policy.

Aggregate Non-Identifying Information: Company may provide aggregate non-identifying information (specifically including Aggregate Site Usage Information) to third parties in order to market our products/services and to demonstrate the value we deliver.

Third party advertisers: Third party advertisers that may advertise on the Site generally have no access to any personally identifiable information unless you choose to share it with them. However, third party advertisers may have access to anonymous usage data in order to target contextually relevant advertisements. Advertisements may be served directly to Users by third party advertisers. In such cases, the third party advertiser will automatically receive your IP address. These third party advertisers may also download cookies to your computer, or use other technologies such as JavaScript and “web beacons” (also known as “1x1 gifs”) to measure the effectiveness of their ads and to personalize advertising content. Company does not have access to or control of the cookies that may be placed by the third party advertisers.

Sale or Merger of the Business or Portions of the Business; Business Transfers: If at some point Company sells all or a portion of its assets, or merges with another entity, or if Company goes out of business or enters bankruptcy, the Company data (including User information collected) may be transferred or acquired by a third party in an asset sale or transfer. After such a transaction, the third party that becomes the custodian of the information/data purchased would have the right to continue using the information/data as set forth in this policy. You acknowledge that such transfers may occur, and that any acquirer may continue to use your information as set forth in this policy.

Compliance with Laws; Protection of Company and Others: Company may release information collected (including personally identifiable information) if it believes in good faith that the release/disclosure is necessary to comply with laws or regulations, subpoenas, or the requests of law enforcement or other government authorities or that disclosure is reasonably necessary to enforce/apply Company’s Terms of Use and Sale or other agreements, or that disclosure is required in order to protect the rights, property, or safety of Company, its employees, our Users, or other third parties. This includes, without limitation, exchanging information with other companies and organizations for fraud protection.

Disclosures With Your Consent: Except as set forth herein, Users will be notified when their personally identifiable information may be shared with third parties, and will be given the option to prevent the sharing of this information.

Relationship and Disclosures between Users and Merchants and Restaurants

To the extent you are the User and you provide information to a Merchant or Restaurant via the Services or otherwise (including but not limited to any personally identifiable information you provide to the Merchant or Restaurant), Company is not responsible for the Merchant’s or Restaurant’s use or disclosure of such information. For example if you provide your email address or other personally identifiable information to a Merchant or Restaurant via the Services or otherwise, the Merchant or Restaurant may use that information and contact you with promotional or other information or disclose your information to others. You understand and agree that Company is in no way responsible for such use or disclosures of such information.

Similarly, to the extent you are the Merchant or Restaurant and provide information to the User via the Services or otherwise (including personally identifiable information you make available to the User via the Services or otherwise), Company is not responsible for the User’s use or disclosure of such information.

All information exchanged between Merchants and Restaurants and Users via the Services or otherwise, is exchanged at your sole risk and Company is not responsible to control the actions of the Merchant or Restaurants or Users.

Third Party Sites

The Site is collaborative, and may contain links to multiple third party sites on the Internet, including many that have different privacy and security policies and practices. Company makes no representations or warranties about the policies and practices of sites that are linked to the Site or its Users. We urge you to consult the policies available on those sites to further understand your rights and their practices.

Security

Company has implemented processes designed to protect the information its collects and stores. Registered Users are assigned a unique username and password which are required to access their account. It is the User’s responsibility to protect the security of their username and password. Company has employed firewalls and other advanced security technologies which we believe to be appropriate in an effort to prevent unauthorized interference or access from outside intruders. However, Company cannot guarantee the security of its systems or any information stored or maintained on its systems as no security measures are perfect or impenetrable. Also, Company cannot control the actions of others. Unauthorized entry or use or disclosures, hardware or software failures, and other factors may compromise the security of the information Company collects and stores. Company is not responsible for circumvention of any privacy settings or security measures used in connection with the Services.

Accessing, Correcting and Revising Registration and Contact Information

If you need to update or change your information, you may do so by editing your user record/account information. To update your record/account information, log on to the service and select the available user account management pages.

If you choose to cancel your account, please be aware that we may retain residual/historical information in our data bases for audit, legal or other purposes.

Communications; Email Opt-Out

As part of the Services, you agree that Company may contact you and send you communications as Company deems reasonably necessary. Company may also send you certain promotional emails/communications. To stop receiving promotional emails/communications you may opt out, see our Email Opt-Out Page.

Compliance with Children's Online Privacy Protection Act

As a business service, Company does not target its offerings toward, and does not knowingly collect any personal information from Users under 13 years of age.

Notice of Privacy Rights to California Residents

California law requires that we provide you with a summary of your privacy rights under the California Online Privacy Protection Act (the “Act”) and the California Business and Professions Code. As required by the Act, we will provide you with the categories of personally identifiable information that we collect through the Website and the categories of third party persons or entities with which such personally identifiable information may be shared for direct marketing purposes at your request. California law requires us to inform you of, at your request, (1) the categories of personally identifiable information we collect and what third parties we share that information with; (2) the names and addresses of those third parties; and (3) examples of the products marketed by those companies. The Act further requires us to allow you to control who you do not want us to share that information with. To obtain this information, please send a request by email or standard mail to the addresses found below. When contacting us, please indicate your name, address, email address, and what personally identifiable information you do not want us to share. The request should be sent to the attention of our legal department, and labeled “California Customer Choice Notice.” Please allow 30 days for a response. Also, please note that there is no charge for controlling the sharing of your personally identifiable information or requesting this notice.

Changes to the Privacy and Security Policy

Company reserves the right to change this Privacy and Security Policy. If Company makes changes to this Privacy and Security Policy and you continue to use the Services, you are impliedly agreeing to the Privacy and Security Policy expressed herein. Any such deletions or modifications shall be effective immediately upon Company’s posting thereof. Your use of the Services after such changes shall be deemed to constitute your acceptance of such modifications.

You may contact us with any questions pertaining to this policy at privacy@freshguide.com or by mail at the following address:

Hourtown, Inc. d.b.a. FreshGuide 217 South B Street, Suite 5 San Mateo, Ca 94401 Attention: Privacy