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In light of recent developments in the online privacy arena, it may be appropriate to include certain provisions in a web site privacy policy to inform users that their personal data may be shared with or given to unaffiliated third parties. Two class actions were filed against Toys ‘R’ Us alleging that the company violated its own privacy policy by providing customer data obtained from its web site to an independent third-party data processor for data manipulation and site analysis. With these cases and the growing sensitivity among consumers and regulators concerning how online user information is used, web site operators should consider whether either or both of the following provisions are appropriate for their sites: 1. Provision of Data to Vendors Providing Services to Users:Certain services available on the Site are provided by third parties. XXXX may provide the information you submit to XXX to such third parties in order to deliver the requested service to you. For example, if you choose to purchase products or services from the Site, the information you provide in connection with such purchase may be provided to an authorized vendor to fulfill that order. 2. Provision of Data to Vendors Providing Services to Site:In order to make the Site more enjoyable for visitors, XXXX constantly strives to learn how users use the Site. We may use the services of a third party, such as a data processor, for these purposes. XXXX may disclose information concerning its users to these third parties for these purposes. Marc Roth is an associate with Brown, Raysman, Millstein, Felder & Steiner, LLPin New York. This sample clause is intended to serve solely as an exemplar and may need to be modified to conform to the legal requirements of your jurisdiction. It in no way constitutes legal advice.

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