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3.2Manufacturing and Service Provider Partners. In certain instances we will disclose to our hardware manufacturing partners and service provider partners (for example DIRECTV) the Account Information of users who have a DVR made by that manufacturing partner or receive a service from that service provider partner. However, TiVo contractually binds our manufacturing and service provider partners to comply with the provisions of this Privacy Policy. Our manufacturing and service provider partners are legally liable for misuse of User Information.

3.3Contractors and Third Party Service Providers. We use contractors to help with some of our operations. Some of these contractors will have access to our databases of User Information on a temporary basis for specific tasks. TiVo also uses third parties to help with certain aspects of its operations, which may require disclosure of your User Information to them. For example, TiVo may use a third party to communicate with you (via telephone, e-mail, or letter) about your TiVo service or upcoming features or services, to mail rebate checks, to generate demographic profiles based on User Information of current TiVo service users, and to perform other work that we may need to outsource. If you are a TiVo Plus service user, TiVo may additionally use a third party to process and collect payment for your TiVo Plus service via your credit card. TiVo contractually binds these contractors and third parties to use your User Information only as necessary to perform the services they are asked to perform. Such contractors and third parties are legally liable for misuse of User Information.

3.4The “Corporate Family.” Although TiVo currently does not have a parent company, any subsidiaries (other than TiVo International, Inc. and TiVo UK Ltd., which provides TiVo service in the United Kingdom), joint ventures, or other companies under a common control (collectively, “affiliates”), it may in the future. TiVo may

T i V o P r i v a c y P o l i c y

share some or all of your User Information with these affiliates, in which case TiVo will require its affiliates to honor this Privacy Policy. If another company acquires TiVo, or acquires assets of TiVo that comprise or include your User Information, that company will possess the User Information collected by TiVo and it will assume the rights and obligations regarding your User Information as described in this Privacy Policy.

3.5Commerce Partners. When you elect to participate in a special offer or engage in a transaction with TiVo or a third party advertiser or promoter, TiVo will collect and disclose your Commerce Information to the commerce partner sponsoring and/or fulfilling the promotion. In addition to fulfilling your request, that commerce partner may also use your Commerce Information to send you other information in which you might be interested consistent with its own privacy policies. This information is disclosed only upon your affirmative response to an offer. NOTE: Depending on your level of TiVo service and the model of your TiVo DVR, such features may not be available to you.

3.6Factors Beyond Our Control. Your privacy is very important to us. Due to factors beyond our control, however, we cannot fully

ensure that your User Information will not be disclosed to third parties. For example, we may be legally obligated to disclose User Information to local, state or federal governmental agencies or third 9 parties under certain circumstances (including in response to a

subpoena), or third parties may circumvent our security measures to unlawfully intercept or access your User Information.

4 Your Choices Regarding User Information

4.1Limits on TiVo’s Collection, Use, and Disclosure of User Information. The default privacy preferences, to which you hereby consent, do not allow TiVo to collect Personally Identifiable Viewing

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