(from "Terms of Service" originally scheduled
to become effective July 31, 1997)
(ii) Members Marketing Preferences. AOL provides its Members with choices when it comes to the disclosure of Individual Information (defined below). Our Marketing Preferences area (keyword "Marketing Preferences") provides you with an easy means to remove yourself from AOLs mailing lists, telemarketing lists, pop-up lists and e-mail lists. You can also remove yourself from the lists that we might make available to third parties using the same keyword "Marketing Preferences." You understand that you will receive occasional pop-ups, mailings and e-mails containing important information about AOL or your membership even if you have elected not to receive product information pop-ups, mailings or e-mails.
(iii) Kids Only Area. AOL, Inc. recognizes that children need greater protection of their privacy than teens and adults. AOL, Inc. has special privacy policies that govern the collection, use, and distribution of information about children within the Kids Only Area. See keyword "Families" for more information.
(iv) Types of Individual Information. Individual Information ("Individual Information") is any information, data or records that relate to your AOL membership or use of AOL and identifies you or your individual Member account. The three types of Individual Information are: (1) "identity and billing information," such as your name, street address, telephone number, billing information, and any screen names associated with your account; (2) "navigational and transactional information," such as information about where you go or what you buy through AOL; and (3) "private communications," such as the contents of e-mail, or private chat room or instant message communications.
(v) The Internet. Please be aware that AOL is a private online service that allows access to the Internet, but is not the Internet. AOL, Inc. does not control the content, services, or areas available through the Internet (with minor exceptions, such as the AOL home page), and providers of Internet sites or services have separate data and privacy practices independent of AOL, Inc. Internet areas may appear to be seamlessly incorporated into AOL, but generally you can tell you are on the Internet whenever AOLs logo spins on the upper right corner of your screen or when you click on icons labeled as Newsgroups, Web, Link, FTP, Gopher, or other items relating to the Internet.
(vi) Interactive Content and Service Providers. Companies that are independent from AOL, Inc. operate many of the online areas that you visit. Although AOL, Inc. will seek to require these independent companies (e.g., ICPs, including advertisers and merchants) to adhere to our strong privacy principles, AOL, Inc. does not bear responsibility for their policies or actions. Be aware that when you voluntarily disclose personal information (such as your screen name) in public areas (e.g., the Member Directory, chat rooms, message boards, Internet newsgroups), others may collect and use your information. (When you visit Internet sites, your AOL screen name or other identity information generally is not identifiable.) Also, ordering products through AOL often requires you to provide an independent company with limited Individual Information to enable fulfillment of your order.
B. MEMBER IDENTITY AND BILLING INFORMATION.
(i) Collection and Storage. We maintain the following types of identity and billing information: your name, street address, telephone number(s), length of membership, and payment information. If you wish to view your identity information and billing, please go to keyword "Billing." When feasible, Members may access and verify their Member Identity and Billing Information, and may request corrections to this Information. (See keyword "Billing.") AOL, Inc. generally retains account history records for approximately six months to one year. We may also keep information on your communications with our Customer Service or Community Action departments, and general account history, such as accumulated usage credits or written complaints relating to your account. We safeguard Individual Information from unauthorized access and only authorized employees or agents who need to carry out legitimate business functions are permitted access to Members Individual Information. Employees who violate AOL, Inc.s privacy policies are subject to disciplinary actions, including termination where appropriate. We may use agents, who are bound by strict confidentiality guidelines, to perform storage, processing, and other limited functions on AOL, Inc.s behalf.
(ii) Use. We use identity and billing information to administer our business, ensure that you are properly billed and offer you opportunities (through pop-ups, e-mail, phone calls or direct mail) that may be of interest to you. To develop lists for these opportunities, we may also match Member lists against publicly available third-party data (demographic information, areas of interest, etc.).
(iii) Disclosure. We make our mailing list (name and address) available to select independent companies that offer products and information we think may interest you. Additionally, we may make the list with telephone numbers available to companies with which AOL, Inc. has contractual marketing and online relationships for the purpose of permitting such companies to offer products and services over the telephone. AOL, Inc. may also match the Member lists against publicly available third-party data (demographic information, areas of interest, etc.) to develop lists for use by these companies. AOL, Inc. reviews all requests for its lists to ensure appropriateness.
We do not release Members credit card numbers or checking account numbers. Our policy is not to disclose identity information to third parties that would link a Members screen name(s) with a Members actual name, unless required to do so by law or legal process served on AOL, Inc. (e.g., a subpoena). AOL, Inc., at its sole discretion, reserves the right to make exceptions to this policy in extraordinary circumstances (such as a bomb or suicide threat, or instances of suspected illegal activity) on a case-by-case basis.
AOL, Inc. intends to abide by applicable laws governing the disclosure to governmental entities of Individual Information and other records. If we are under a legal obligation to disclose Individual Information to a private citizen or entity, we may make efforts under the circumstances to notify the affected Member(s) in advance of releasing it in order to provide the Member(s) an opportunity to pursue any available legal protection.
C. NAVIGATIONAL AND TRANSACTIONAL INFORMATION.
(i) Collection. We may collect and store certain navigational and transactional information, such as data on the choices you make from the range of available services or merchandise, and the times and ways you use AOL and the Internet.
(ii) Use. AOL, Inc. uses navigational and transactional information to personalize AOL, for programming and editorial research and to offer special opportunities to our Members. For example, we use this information to understand our Members reactions to menu items, Content, services and merchandise offered through AOL and to customize AOL based on our Members interests. AOL, Inc. may use publicly available third-party data (demographic information, areas of interest, etc.) to assist us in our programming, editorial research and to offer special opportunities to our Members.
(iii) Disclosure. AOL, Inc. will not disclose to third parties navigational or transactional information (e.g., where you go or what you buy on or through AOL), except to comply with applicable law or valid legal process (e.g., search warrant or court order). While AOL, Inc. may use such information as criteria for developing Member lists for companies with which AOL, Inc. has a contractual marketing and online relationship (referenced in Section B(iii) above), AOL, Inc. does not disclose to any third-party, including the list recipient, which profiling information was used to develop the list.
D. PRIVATE COMMUNICATIONS
(i) Collection and Storage. The AOL computer system does not record or retain any chat room communications, instant message communications, oral online communications or records of with whom you communicate in chat rooms or through instant messages or oral online communications. The AOL e-mail system retains the contents of private e-mail communications for a limited period only. To retain copies of any communication you should store them on your personal computer hard drive or in print form. You agree that AOL, Inc. may employ e-mail virus-checking technology to protect its system and its Members from viruses.
(ii) Use. AOL, Inc. treats private communications on or through AOL as strictly confidential. AOL, Inc. does not access, use or disclose the contents of private communications, except in limited circumstances as specifically provided below. You acknowledge that private communications directed at a person or entity, including AOL, Inc., may be used or disclosed by the intended recipient(s) without restrictions relating to privacy or confidentiality.
(iii) Disclosure. AOL, Inc. does not access or disclose the contents of private communications (e.g., e-mail, instant messages, Member-created private rooms, oral online communications), unless it in good faith believes that such action is necessary (1) to comply with applicable law or valid legal process (e.g., search warrant or court order); (2) to protect the rights or property of AOL, Inc. or may be necessarily incident to the rendition of AOL; or (3) in emergencies when AOL, Inc. believes that physical safety is at risk. AOL, Inc. reserves the right to treat as public any private chat room whose directory or room name is published or becomes generally known or available. AOL, Inc. reserves the right to access and review password-protected Member web sites for conformance to TOS.