XAP Partner Center

Effective as of April 5, 2006

XAP Corporation ("XAP") has adopted the following privacy policy for the information collected at the XAP Partner Center website, beta.partner.xap.com, which it operates for its partners and clients.

As the XAP Partner Center evolves, we may update this privacy policy to reflect changes in the manner in which we deal with personal information, whether to comply with then-applicable regulations and self-regulatory standards or otherwise. The privacy policy posted here will always be current. We encourage you to review this statement regularly.

What this Privacy Policy Statement Covers

• The Partner Center privacy policy and its exceptions
• The personal identifying information we collect
• Reasons we collect personal identifying information
• Ways in which personal identifying information may be used
• With whom personal identifying information may be shared
• Security measures to protect information entrusted to the XAP Partner Center
• Cookies
• Modifying and deleting your information
• Amending this Privacy Policy
• Questions

The XAP PARTNER CENTER Privacy Policy and Its Exceptions

Except as set forth below, personally identifiable data you enter on the XAP Partner Center is not made available or distributed to third parties, except with your express consent or at your express direction. In particular, XAP will not give, sell, or provide access to your personal information that you enter on the XAP Partner Center to any company, individual, or organization for any purpose, except with your express consent, at your direction, as is necessary for the operation of this site, or pursuant to one of the exceptions listed below.

Exceptions to the Privacy Policy

There are limited exceptions to the XAP Partner Center privacy policy. When required by law to comply with any valid legal process such as a search warrant, subpoena, statute, regulation, or court order, XAP will supply such information contained in your XAP Partner Center account as XAP reasonably determines, based on the advice of counsel, it is legally required to supply. In addition, XAP may release specific information relevant to special cases, such as a physical threat to you or others or an attempted breach of security on the XAP Partner Center site.

The Personal Identifying Information We Collect

The XAP Partner Center collects the following personal identifying information from you: name, address, e-mail address, and telephone number.

Reasons We Collect Your Personal Identifying Information

The XAP Partner Center collects personal information from you to enable XAP to respond to your questions or contact you when necessary in connection with the functioning of the XAP Partner Center.

When you log on to the XAP Partner Center, your browser will automatically transmit to the XAP Partner Center's server the IP address of your computer and type of browser you are using. Although your browser transmits the IP address of your computer, the XAP Partner Center does not associate this IP address with any personally identifiable information regarding you. The XAP Partner Center does not collect any personally identifiable information other than what users submit and their browsers transmit.

Ways in Which Personal Identifying Information May Be Used

Your personal identifying information may be used for the following purposes:
We may use your identifying information to help diagnose problems with the XAP Partner Center's server and to administer the Partner Center website.

With Whom Personal Identifying Information May Be Shared

Your personal identifying information provided to XAP as part of the account creation process or any activity on the XAP Partner Center may be shared by XAP with the XAP partner or client under the aegis of which you are apparently establishing your account.

Security Measures to Prevent Misuse of Information Entrusted to the XAP PARTNER CENTER

The XAP Partner Center causes the data you input to be encrypted when in route between your browser and the XAP Partner Center server and when in route between the XAP Partner Center server and some other browser or server. This practice helps prevent unauthorized third parties from intercepting and gaining access to your private data during transmission over the Internet. The XAP Partner Center uses 128-bit, Secure Socket Layer encryption supported by both Netscape's and Microsoft's browsers.

Data residing on the XAP Partner Center server is password protected, and access is provided only to the account holder who created the password, anyone to whom that account holder entrusted the password, and those employees of XAP who require such access to administer and maintain the XAP Partner Center system or to provide requested customer support to users of the XAP Partner Center. Each XAP employee who has access to the data residing on the XAP Partner Center server has agreed in writing to respect the privacy of all such personal data.

Cookies

A cookie is a small file that a website transfers to a user's computer, which may then be stored on its hard drive. The XAP Partner Center uses cookies to remember you and personalize your web-viewing experience by keeping track of your session when logged on to the XAP Partner Center. Cookies enable you to maintain continuity as you move from page to page on the XAP Partner Center and to avoid the nuisance of being asked to provide the same information repeatedly. Cookies also allow us to make sure that only your browser can exchange information regarding your account with our servers. Cookies cannot be used to steal personal information or to gain access to information that you did not directly provide. The cookies we use are set when you log on to the XAP Partner Center and are erased when you log off the XAP Partner Center or completely close your browser.

Don't want cookies?

Most browsers are initially set to accept cookies. If you don't want cookies, you can set your browser to disable or refuse cookies or to alert you when cookies are being used. You should note, however, that various XAP Partner Center services might not function properly when cookies are not utilized.

Modifying And Deleting Your Information

You may update or modify on the XAP Partner Center any personal information you previously provided. To modify personal information, (i) log on to the XAP Partner Center, (ii) access your user profile, and (iii) modify that information using standard word-processing techniques. To delete personal information or your XAP Partner Center account in its entirety, you must contact your designated XAP Program Manager.

Amending This Privacy Policy

XAP may amend this Privacy Policy periodically. Unless legal obligations require faster implementation, if XAP makes any substantial changes to this Privacy Policy concerning use of your personal information, XAP will notify you by posting a message on the XAP Partner Center homepage for at least thirty days prior to implementation of the change. Thereafter, the new privacy policy will apply to all data previously submitted or subsequently submitted to the XAP Partner Center, unless such use is prohibited by law. If you do not wish to have your information used in accordance with a newly posted privacy policy, you should modify or delete the relevant information in the manner described in the preceding section, "Modifying and Deleting Your Information."

Questions

If you have any questions about this Privacy Policy and the privacy practices on this site, you may contact us at privacy@xap.com.