BREAST IMPLANT REGISTRY, INC. PRIVACY POLICY AND TERMS OF USE Welcome to the Breast Implant Registry, Inc. (“BIR”) web site (the “Web Site”). By accessing the Web Site you accept the Privacy Policy set forth in Section 1 below (the “Privacy Policy”) and the Terms of Use set forth in Section 2 below (the “Terms of Use”), as each may be amended from time to time. 1.  PRIVACY POLICY This Privacy Policy describes information practices for this Web Site, and is designed to assist you in understanding how BIR collects, uses and safeguards the personal information which you provide to BIR through the Web Site. Personal Information Personal information is information that identifies you individually, such as your name, address, e-mail address, company name, birth date, phone number, implant serial number and other information that is specific to you and which identifies you individually. Some of the pages of the Web Site require you to provide personal information in connection with registration, online contact forms or other matters. Use of Personal Information When you register with BIR or update your member information, you will be asked for your email information. BIR may use this information to attempt to contact you before or after your membership expires. In addition, we may use personal information, as well as non-personal information, to: to operate the Web Site; respond to communications and requests; develop internal reports; track Web Site usage; formulate personalized Web Site access based on your Web Site use and areas of interest; contact you about services that may be of interest to you (see the "Right to Opt Out of Promotions" section below regarding your right to opt-out); learn about our customers and markets; improve BIR’s services; and perform similar functions. Non-Personal Information Non-personal information is information that does not identify you individually. BIR collects certain non-personal information from visitors to the Web Site. This information can include, but is not limited to, IP address, browser type, domain names, access times, referring web site addresses, type of computer and web browser, pages accessed by a visitor, and information about search requests. BIR may use non-personal information to improve its services or the content of the Web Site, as well as to personalize the Web Site and make it more useful to visitors. Disclosure and Sharing of Information BIR does not sell, rent or lease its customer or visitor lists to third parties. BIR may share data with companies or individuals engaged by BIR to perform services on behalf of BIR or with BIR’s affiliates or business partners. Circumstances may arise where BIR decides to sell, buy, merge or otherwise reorganize its businesses or enter into joint ventures or other transactions. Such a transaction may involve the transfer or disclosure of personal information to prospective or actual purchasers, business partners or related parties. Disclosure of personal information may in certain circumstances be required by law. BIR reserves the right in its own judgment to disclose personal information when BIR believes disclosure is appropriate to comply with law, to protect or defend the rights or property of BIR or its providers, or to protect the rights, property or safety of BIR users. Use of Cookies BIR may collect non-identifiable and non-personal information through “cookies” and other tracking technologies. A cookie is an alphanumeric identifier that a Web site can transfer to a user’s hard drive through a user’s browser. You can set your browser to notify you before a cookie is received, giving you an opportunity to decide whether to accept the cookie. You may also set your browser to turn off cookies, although some web sites may not then work properly. Policies for Children The Web Site is not intended for use by individuals under 13 years of age. BIR does not knowingly collect or maintain personal information from users under the age of 13. If you think a child has provided us with personal information please notify us as provided below in the “How to Contact Us” section. BIR will use commercially reasonable efforts to remove personal information from users under the age of 13. Right to Opt Out of Promotions When you register with BIR or update your Member information, you will be given the option of subsequently receiving recurring informational and promotional e-mails from BIR and/or third parties. You may opt out of receiving such e-mails at Registration by removing the automatic check mark from the statement that expresses a preference for receiving these e-mails and newsletters. You may also opt out of receiving these e-mails and newsletters at any time by changing your preferences within your Member Profile. We ask for contact information (such as name and e-mail address) if you wish to subscribe to various newsletters. You can unsubscribe from such newsletters very easily. When you have received a newsletter you wish to stop, click on the “reply” button in your mail program, then type in the word “UNSUBSCRIBE” in the “Subject” field and send. BIR Customer Service will unsubscribe you from that newsletter within two to three business days in most instances. At Registration and at various times as you use the site, you may have the option of receiving e-mails or newsletters from third parties, participating in research or marketing surveys and participating in other activities. You may exercise these options by placing a check mark beside a statement that expresses a preference for receiving these communications or participating in these activities. You may change your decision at any time by changing your preferences within your Member Profile or by following other directions provided in association with the individual communication or activity. Information Security BIR exercises reasonable efforts to safeguard the confidentiality of user personal information. However, Internet transmissions cannot be made absolutely secure or error-free. Please keep this in mind when using the Web Site or emailing BIR. Correcting Information If at any time you would like BIR to update or correct your personal information or cease the collection, use or disclosure of your personal information, feel free to contact us as provided below in the “How to Contact Us” section, in which case BIR will use commercially reasonable efforts to remove or correct your personal information. 2.  TERMS OF USE Limitations The Web Site and its content are not intended to be a substitute for professional medical advice or for the care that patients receive from their physicians or other health care providers. The information on the Web Site should not be considered medical advice. You should consult your health care professional about any questions or concerns that you may have. Intellectual Property The Web Site and its contents are protected by applicable laws governing the ownership and use of intellectual property. Unless otherwise indicated, BIR is the owner of all copyrights, trademarks, trade names, service marks and any other intellectual property contained herein. BIR reserves all rights in any and all such intellectual property. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any manner the material on the Web Site. You may print or download portions of the material on the Web Site, provided that such information is printed or downloaded solely for your non-commercial use. Links To Third Party Sites The Web Site may contain links to other web sites (“Linked Sites”). The Linked Sites are not under the control of BIR and BIR is not responsible for the contents of any Linked Site. BIR is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by BIR of the site. The Privacy Policy and Terms of Use apply only to the Web Site and not to any Linked Sites or other third-party web sites. You should refer to the privacy policies and terms of use at each web site that you visit for applicable information. No Unlawful Or Prohibited Use As a condition of your use of the Web Site, you warrant to BIR that you will not use the Web Site for any purpose that is unlawful or that is prohibited by these Terms of Use. You may not use the Web Site in any manner which could damage, disable, overburden, or impair the Web Site or interfere with any other party’s use and enjoyment of the Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Web Site. Expiration of Membership If your membership expires, you will not be able to retrieve any information deposited with BIR until you renew your membership. Disclaimer The Web Site and the content available on the Web Site are provided on an “as is” and “as available” basis without representation or warranty of any kind. BIR expressly disclaims all representations and warranties, express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and freedom from computer viruses or other harmful components. Limitation of Liability By using the Web Site, you agree that your use is solely at your own risk. In no event shall BIR or its members, managers, officers, employees, agents, representatives, service providers or suppliers (collectively, the “BIR Affiliates”) be liable for damages or costs of any kind, including but not limited to consequential damages, arising out of or in connection with the use, inability to use or performance of the Web Site or any content, material or services available at the Web Site, even if the BIR Affiliates are advised of the possibility of such damages or costs. Without limiting the generality of the foregoing, the BIR Affiliates shall not be liable in any way as a result of any modification or discontinuance of all or any portion of the Web Site. Termination/Access Restriction BIR reserves the right, in its sole discretion, to terminate your access to the Web Site and the related services or any portion thereof at any time, without notice. 3.  GENERAL Changes The foregoing Privacy Policy and Terms of Use were last updated on the date set forth below. BIR reserves the right to change the Privacy Policy and/or the Terms of Use at any time, in its sole discretion. Changes are effective immediately upon posting of the modified text on the Web Site. Your use of the Web Site after the posting of such changes constitutes your acceptance of the Privacy Policy and Terms of Use as modified. You are encouraged to review the Privacy Policy and Terms of Use each time you visit the Web Site. How to Contact Us You may contact BIR by email at info@breastimplantregistry.com. The use of the Web Site will be deemed to constitute acceptance of the Privacy Policy and the Terms of Use as described above. Last updated Sept. 19, 2006 Copyright 2006 Breast Implant Registry, Inc.