ICONIX, INC.

Privacy Statement

Our postal address is ICONIX, INC., 255 W. Julian St, Suite 302, San Jose, California 95110, USA.

We can be reached via email at privacy at iconix dot com.

ICONIX, Inc. is committed to protecting the privacy of each user who navigates the Site or uses the Iconix Truemark service. In general, you can browse the Site or use the Truemark service without providing any "Personally Identifiable Information". Personally Identifiable Information means any identifier that permits the physical or online contacting or identification of a specific individual.

This Policy describes how we collect and use Personally Identifiable Information.

Information Collection

Our Website. We collect generally available computer system information, including, but not limited to the domain name, IP address, referral link, operating system, and browser type and version being used to access the Site. We collect the email addresses or other contact data of those who communicate with us via email or otherwise, user-specific information on what pages you access or visit, and information volunteered by you, such as survey information.

The Iconix Truemark Service. Once installed on your computer, the Iconix Truemark software uses icons to visually identify email sent to you by others. In order to provide you with this identification, the software collects information about: i) the sender that is embedded in the email and ii) the system environment (operating system version, browser type and email type) in which the plug-in runs and then transmits that information to ICONIX, Inc. ICONIX, Inc. then sends instructions to your computer to display the icons, if any, associated with the sender. ICONIX, Inc. maintains a logfile on your computer related to the system environment and the senders that are identified at http://www.iconix.com/protectsites.php. This logfile improves the performance of the software and enables the display of icons when you are off-line. This log file is transmitted to ICONIX, Inc. from time to time and is used by ICONIX, Inc. to improve its services and to provide statistical information to senders of email. Senders may include Personally Identifiable Information in email headers which ICONIX, Inc. delivers to respective Senders; for example, if Sender A includes a customer identification number in its email header, ICONIX, Inc. may deliver that email header ONLY to Sender A. ICONIX, Inc. does not retain any individual, non-aggregated Personally Identifiable Information gathered on behalf of senders and ICONIX, Inc. does not use for its own purposes any individual, non-aggregated Personally Identifiable Information gathered on behalf of senders.

Iconix Feedback Component. If you elect to activate the Iconix Feedback Component, then the logfile maintained on your computer and provided to ICONIX, Inc. will also collect non-Personally Identifiable Information related to all senders, in addition to the information collected regarding senders that are identified at http://www.iconix.com/protectsites.php. This data will be used by ICONIX, Inc. to maintain its list of senders whose email is marked by ICONIX, Inc. ICONIX, Inc. does not collect any Personally Identifiable Information regarding senders who are not listed at http://www.iconix.com/protectsites.php.

MyIconix. If you elect to activate the "About Me" feature of MyIconix, then we will collect your email address, the name you provide and the graphics you provide to us for display with email you send. You agree that you are responsible for your own communications and the material that you make available using MyIconix; therefore, you are responsible for any consequences resulting therefrom. Your use of MyIconix is subject to your acceptance of and compliance with this Agreement. You agree that you will use MyIconix in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use MyIconix to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, promotive of illegal activity; fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by us; (ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations or violate privacy or publicity rights of others; (iii) prevent others from using MyIconix; (iv) use MyIconix for any fraudulent or inappropriate purpose; (v) generate or facilitate unsolicited commercial email ("spam"); such activity includes, but is not limited to sending email in violation of the CAN-SPAM Act or any other applicable anti-spam law; (vi) imitating or impersonating another person or his, her or its email address, or creating false accounts; (vii) sending emails to users who have requested to be removed from a mailing list; (viii) selling, exchanging or distributing to a third party the email addresses of any person without such person's knowing and continued consent to such disclosure; (ix) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act or similar laws of other countries that are applicable to you; or (x) remove any copyright, trademark or other proprietary rights notices contained in or on MyIconix. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. We reserve the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of this Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request. We take no responsibility for third party content (including, without limitation, any viruses or other disabling features), nor do we have any obligation to monitor such third party content. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted or posted by you or others, are the sole responsibility of the person from which such Content originated. This means that you, and not ICONIX, Inc, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via MyIconix. We do not control the Content posted via MyIconix and, as such, do not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will we be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via MyIconix. We reserve the right at all times to remove or refuse to distribute any Content on MyIconix, such as Content which violates the terms of this Agreement. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, or (e) protect the rights, property or safety of ICONIX, Inc., its users and the public. We will not be responsible or liable for the exercise or non- exercise of our rights under this Agreement.

Information Use and Dissemination.

The information we collect from our website and/or the Iconix Truemark Service is: (i) used to improve the content of the Site; (ii) used to customize the content and/or layout of the Site for each individual visitor; (iii) used to notify consumers about updates to the Site and/or information about ICONIX, Inc.; (iv) used to gather information for market research in support of our business strategies; (v) disclosed to our agents or contractors who assist in providing support for our internal operations and compliance; (vi) used to respond to your communication with us; (vii) used to provide you with any information to which you have subscribed from us; (viii) used to verify or enforce compliance with the policies governing the Site and applicable laws; (ix) used to provide the Iconix® services, if any, which you use; and/or (x) used to protect against misuse or unauthorized use of the Site.

The information we collect is disclosed: (i) when legally required to do so, at the request of governmental authorities conducting an investigation, consistent with the request of the government authority; (ii) to a successor entity in connection with a corporate merger, consolidation, sale of assets or other corporate change respecting the Site; (iii) to the sender of emails in the case of embedded Personally Identifiable Information; (iv) to recipients of your emails who use the Iconix Truemark service when you use the About Me feature of MyIconix (the information disclosed in the case of the About Me feature is the information that you provide to us for the purpose of display, consisting of your email address, your name and the image(s) your provide) and/or (v) in aggregate form to other reputable organizations or to the public.

Failure to Create Password.
ICONIX, Inc. has no services for consumers which require passwords.

Cookies
We use cookies to store visitors' preferences, record user-specific information on what pages users access or visit, record past activity at the Site in order to provide better service when visitors return to our site.

We use temporary cookies, called "session" cookies, to track a customer's path through the Site to better enable us to provide the most informative and effective experience possible. These cookies do not contain any personally identifying information and last only as long as you are on the Site. We may also use longer lasting cookies, called "persistent" cookies, to store information that you have supplied either through a form submission or from parameters offered by your browser.

Opting In and Opting Out
We may give you the opportunity to "opt in" to receive information such as company news, newsletters, direct marketing or market research information. This means that you have given us your consent to collect and use your information in accordance with this privacy policy unless you take affirmative action to indicate that you do not consent, for instance by not clicking or checking the appropriate option or box at the point of collection. In some cases, when applicable, we will provide you with the opportunity to "opt out". "Opt out" means we will assume your consent unless you provide affirmative action to indicate that you do not consent to the use of your information for purposes other than the purpose for which it was submitted.

If you do not want to receive email from us in the future, please let us know by sending an email to opt-out at iconix dot com. We do not share your email address with other companies or organizations except as disclosed above.

Interaction with Third Parties
In order to help bring offers that are of interest to you, we may have relationships with other companies that we allow to place advertisements on the Site. These advertisers and other third parties whose products or services are promoted on the Site may also use cookies, and we advise you to check their privacy policies for information about their cookies and other privacy practices.

The Site may contain links to third party web sites. Access to any other web site linked to the Site is at the user's own risk. The linked sites are not under the control of ICONIX, Inc. and we are not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on any linked site or any link contained in a linked site, or any changes or updates to such sites. We only provide these links as a convenience to you, and any inclusion of any link does not imply endorsement of that web site by ICONIX, Inc.

We provide statistical information to senders of email. We may also provide (in the case of senders listed at http://www.iconix.com/protectsites.php) to the respective senders any embedded Personally Identifiable Information which senders may include in email headers.

Intellectual Property Rights

Our Intellectual Property Rights. You acknowledge that ICONIX, Inc. owns all right, title and interest in and to the Service, including without limitation all intellectual property rights (the "Iconix Rights"), and such Iconix Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, adapt, translate, or create derivative works from the Service nor will you attempt to reverse engineer the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. The Iconix Rights include rights to (i) the Service developed and provided by ICONIX, Inc.; and (ii) all software associated with the Service. The Iconix Rights do not include third-party content used as part of Service, including the content of communications appearing on the Service other than communications of ICONIX, Inc.

Your Intellectual Property Rights. We do not claim any ownership in any of the Content, including any text, data, information, images, photographs, music, sound, video, or other Content, that you upload, transmit, display or store using MyIconix. We will not use any of your Content for any purpose except to provide you with the MyIconix service, promote the MyIconix service, and monitor your compliance with this Agreement. With respect to Content that you submit or make available for inclusion in MyIconix, you grant us a world-wide, royalty free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the MyIconix service solely for the purposes of providing and promoting the Service. With regard to Content that you submit or make available for inclusion in MyIconix, this license exists only for as long as you elect to continue to include such Content on MyIconix and will terminate at the time you remove or we remove such Content from MyIconix. Changes to this Privacy Policy If our information practices change at some time in the future, we will post the policy changes to the Site to notify you of these changes and we will use for these new purposes only data collected from the time of the policy change forward. If you are concerned about how your information is used, you should check back at the Site periodically. If you provide us with your email address to receive information about Iconix, we will also send you an email regarding the changes.

Children and Privacy
The Site does not target and is not intended to attract children. ICONIX, Inc. does not knowingly solicit COPPA personal information from children or send them requests for COPPA personal information. Due to the Children's Online Privacy Protection Act of 1998 (which is available at http://www.ftc.gov/ogc/coppa1.htm), you must be at least thirteen (13) years of age to subscribe to services offered on the Site.

Your Responsibilities
You are responsible for complying with the Terms of Use applicable to your use of services provided by ICONIX, Inc. ICONIX, Inc. reserves the right to refuse service to anyone at any time without notice for any reason or no reason.

Your "Account Information"
"Account Information" means the Personally Identifiable Information we collect from you, the "Opt-In" and "Opt-Out" preferences you have made on the Site, and any information you provide to us in order to use the services we offer. The Personally Identifiable Information we collect by reason of Personally Identifiable Information embedded by senders in emails is not retained by ICONIX, Inc. You can manage your "Opt-In" information as described at Opting In and Opting Out. Please click here to read about information that might possibly remain in our records after you have opted-out. Regarding the "About Me" feature of MyIconix, you may modify the information by using the Add/Edit function and you may delete the information by using the "Delete" function; changes made in "About Me" may take several hours to propagate over the internet.

Account Information
When you submit information to ICONIX, Inc., a temporary copy of that information is routinely made to prevent accidental loss of your information through a computer malfunction or human error.

ICONIX, Inc. keeps your Account Information active in our user databases in order to provide the services and information that you have requested from ICONIX, Inc. We may retain opt-in and opt-out requests indefinitely.

Our computers that support the services which we provide process and store an enormous amount of information every day. These computer records are called "log files." Log files are used for analysis, research, auditing, and other purposes, as described above. After this information has been used, it is stored and is archived in back-up storage. Your Account Information may remain in log files that are on our computers and/or in archived storage.

Personal information collected by us may be stored and processed in the United States or any other country in which we or our agents maintain facilities. By using the Iconix services, you consent to any such transfer of information outside of your country.

Information Security
With respect to security, we have appropriate security measures in place in our physical facilities to protect against the loss, misuse or alteration of information that we have collected from you at the Site.

Invitation and Referrals
Our emails or services may include a request to forward to a friend. If you choose to forward an email or information from ICONIX, Inc. to a friend, then your name and email address and the name and email address of your friend that you enter are stored on our servers and are used only for these purposes:

  1. ICONIX, Inc,:
    1. uses the names and email addresses to transmit the invitation; and
    2. uses the friend's email address to;
      1. compare to the list of email addresses previously invited and, if previously invited, to suppress the duplicate invitation; and
    3. compare to the list of email addresses that have "opted-out" of communications from ICONIX, Inc. to suppress the invitation if the email address has previously "opted-out".

Inquires & Complaints.
If you have an inquiry or complaint about the privacy practices of ICONIX, Inc, you should contact us at privacy at iconix dot com.

Claims of copyright infringement must be made using our Digital Millennium Copyright Act procedures.

If you believe that your rights has been violated in a way that constitutes infringement of your intellectual property rights (other than your copyrights) or that your privacy rights outside of the scope of our privacy policy have been violated ("Infringement"), please provide Notice to our Compliance Office at the address set forth below with the following information:

  1. the physical signature of the person authorized to act on behalf of the owner of the intellectual property or privacy interest;
  2. a description of the property or privacy right that you claim has been infringed;
  3. a description of where the material that you claim is infringing or otherwise unauthorized is located on the Site or elsewhere;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the owner or authorized to act on the owner's behalf.

Notices regarding Infringement must be transmitted as follows:

By Certified Mail/Return Receipt Requested to:
Compliance Office
ICONIX, Inc.
255 W. Julian St, Suite 302
San Jose, CA 95110

If you feel that this Site is not following its stated information policy, you may contact The Federal Trade Commission by phone at 202.FTC-HELP (202.382.4357) or electronically at http://www.ftc.gov/ftc/complaint.htm.

Effective date: 4/13/2010