Protecting our members' privacy is one of our most-important corporate objectives. This Privacy Policy details how There.com/Makena Technologies, Inc. ("Company" or "We" or "Our") treats visitors' and members' personally identifiable information collected during their interactions with our products and services on the website www.there.com (the "Site"). Personally identifiable information includes information about you that is personally identifiable, such as your name, address, email address, or phone number, and that is not otherwise publicly available.

This Privacy Policy does not apply to the practices of companies that we do not own or control, or to people that we do not employ or manage. This Site may provide links to other web sites or resources over which Company does not have control ("External Web Sites"). Such links do not constitute an endorsement by Company of those External Web Sites. You acknowledge that Company is providing these links to you only as a convenience, and further agree that Company is not responsible for the content of such External Web Sites. Your use of External Web Sites is subject to the terms of use and privacy policies located on the linked to External Web Sites.

This policy does not apply to the practices of companies that we do not own or control, or to people that we do not employ or manage.

(1) Except as set forth in this Privacy Policy, we do not collect your personally identifiable information or provide your personally identifiable information to third parties, unless authorized by you to do so.

When you join There.com, we may ask you to create an account, or we may invite you to submit questions or comments or request information, participate in chat or message boards or submit your resume for potential employment. Due to the nature of some of these activities, we may ask that you complete and submit an online form with personally identifiable information such as your name, address, telephone number, email address, birth date, gender, billing information, and employment information, as well as the various screen names you want to use on your account. If you have created an account, you may opt to provide additional personally identifiable information in your profile such as your marital status and hobbies and you may participate in instant messaging with other members (except if the other member chooses to ignore your avatar). Providing any additional personally identifiable information beyond what is required to create an account is optional. If you have indicated that you would like other members to be able to view your profile, your profile and the personally identifiable information contained in your profile may be viewed by other members. We may use your personally identifiable information to deliver certain services, products or information you have requested, verify your authority to enter certain password protected areas of the Site, send you notices for services that you have used or that may be of interest to you, administer our employment and hiring, and improve the content and general administration of the Site.

The Site may track the total number of visitors to our Site, the number of visitors to each page of our Site, IP addresses, External Web Sites linked to, search terms and the domain names of our users' Internet Service Providers, and we may analyze these data for trends and statistics in the aggregate, but such information will be maintained, used and disclosed in aggregate form only and it will not contain personally identifiable information. We may use such aggregate information to analyze trends, administer the Site, track users' movement, and gather broad demographic information for aggregate use. Reports of this aggregate information may be shared with outside companies, but no specific member personally identifiable information will be revealed or shared.

We also collect and use other information for internal purposes. For example, we keep records in your account history of your complaints about other members' online behavior, your contact with Company Member Services and any reported violations of our Member Agreement that you or someone on your account may have committed. We will sometimes use information about your geographical location to provide localized service. For example, we may use the time zone you are in to make sure you have access to certain time-sensitive features.

We may release your personally identifiable information about you and/or your account (a) to a successor entity upon a merger, consolidation or other corporate reorganization in which we participate or to a purchaser of all or substantially all of our assets to which this Site relates. Such successor entity will be bound by the terms and conditions of this Privacy Policy. (b) to comply with valid legal process such as a search warrant, subpoena or court order, or (c) in special cases such as a physical threat to you or others.

We provide you with the opportunity to update or correct your contact and billing information that we have on file. Just as you want to make sure that information Company, has about you is accurate, we want to keep only the most up-to-date information about your account. Therefore, whenever you believe that your contact or billing information needs updating, you can contact Customer Support with the updated information, or use the "My Profile/Account Info" menu option in the There.com menu.

(2) We may set, access and collect Cookies

We may use small text files called cookies to improve overall Site experience. A cookie is a piece of data stored on the user's hard drive containing information about the user. Cookies generally do not permit us to personally identify you.

We set and access cookies on your computer for a number of purposes, including to: We may contract with a third party to track and analyze non-personally identifiable usage and volume statistical information from our visitors and members to administer our Site in order to constantly improve the Site quality. The third party would use cookies to help track visitor behavior and would set cookies on our behalf. All data collected by a third party on behalf of Company is owned and used by us. We reserve the right to publish non-personally identifiable or summary information regarding our visitors and members for promotional purposes and as a representative audience for advertisers. Please note that this is not personally identifiable information, only general summaries or aggregate information of the activities of our visitors and members.

(3) Generally, we do not read your private online communications.

We honor the confidentiality of our members' private communications in private areas and during call conversations. We generally do not read your private communications but we reserve the right to read your private communications and we may disclose private communications as required by law, e.g.; to comply with a search warrant, subpoena, court order or other legal requirement, to protect the company's rights and property, or in some cases to resolve member disputes. Topical conversation statistics may be collected in aggregate. Of course, what you write or post in public areas (e.g.; message boards) is available to all members.

(4) We may use information about the kinds of products you buy from us to make other promotional offers to you. We do not give out this purchase data to third parties.

We give our members the opportunity to buy There.com store merchandise, such as virtual objects, using Therebucks and real-world currency. Like other retailers, we record information about such purchases. When you buy from us online, our system automatically gathers purchase data.

We use this information in two ways:

1) We review what kinds of products and services appeal most to our members as a group. This statistical information helps us improve our offerings and promotions in the same way that other companies change their catalog based on member preferences and does not consist of personally identifiable information.

2) We use information such as the number of purchases members make and the categories of goods and services they buy to make offers to you that we believe will interest you. In addition, we use other information such as when members joined There.com, how often they use the service or their type of computer system to make such offers. We also use publicly available consumer data (such as zip-code based demographics) to help us decide which promotional offers to make and which promotions members see.

By promotions we mean a wide variety of activities and merchandise, all related to your experience as a There.com member. For example, members interested in a specific activity (such as buggy racing) might receive special offers on new buggies that are not generally available to other members. High-level Fashionistas, for example, might receive special discounts on new fashion lines. Members who choose to interact with virtual versions of real-world products and services might receive offers to buy the real-world good and service at a discount.

You may choose not to receive marketing offers from Company. For more information about your choices, please see number 5, below.

We do not give out any personally identifiable information about what you, as an individual, purchase from Company except to complete your transactions, or to comply with valid legal process such as a search warrant, subpoena or court order. We share with outside companies only aggregate or statistical information about what Company products or services our members, as a group, buy.

(5) We give you choices about how Company uses your personally identifiable information.

You have choices about how the information you have provided may be used by us to make special offers to you.

You may opt out from the There.com mailing list at any time by emailing: optout@there.com from the email account at which you are receiving There.com emails.

(6) We take extra steps to protect the safety and privacy of children.

Young people need special safeguards and privacy protection. We urge all parents to teach their children about protecting their personally identifiable information while online. Our Site and services are not intended for children under the age of 13. We do not knowingly collect personally identifiable information from children under the age of 13 and we do not target our services or this Site to children under 13. Teens age 13 to 18 should obtain permission from their parents before providing any personally identifiable information or registering for an account.

(7) We use technology and security and privacy protection controls in order to safeguard your personally identifiable information.

We may use state-of-the-art technology to keep your personally identifiable information including your billing and account information as secure as possible. We also have put in place privacy protection control systems that are reasonably designed to ensure that your personally identifiable information remain safe and private.

(8) We will keep you informed, clearly and prominently, about what we do with your personally identifiable information, and we will advise you if we change our Privacy Policy.

When you register for our service, you are presented with our Privacy Policy and should familiarize yourself with this and all other Company policies at that time. In addition, this Privacy Policy is easily accessible at www.There.com.

Due to the Internet's rapidly evolving nature, we may need to update this Privacy Policy from time to time. If so, we will post our updated Privacy Policy on this Site located at www.There.com so you are always aware of what personally identifiable information we may collect and how we may use such information. We encourage you to review this Privacy Policy regularly for any changes. Your continued use of this Site and/or the services on this Site will be subject to the then-current Privacy Policy.

If you'd like to comment on or have questions about our Privacy Policy, or if you have a concern or Privacy Policy violation you wish to report, please contact Customer Support or write to:

Makena Technologies, Inc./There.com Customer Service
c/o Customer Service
1825 South Grant Street, Suite 450
San Mateo, CA 94402

This Privacy Policy was last updated: September 7th, 2005
This Privacy Policy is effective as of September 7, 2005