1.4“Diagnostic Information” means a log file containing detailed information about the operation of your TiVo DVR, such as memory consumption, user interface response time, disk space, enclosure temperature, and enclosure fan speed. Diagnostic Information logs contain your TiVo DVR’s Service Number and are thus associated with your Account Information. If you use the TiVo Plus service, you may request that TiVo block the collection of Diagnostic Information logs from your TiVo DVR as described in Section 4.1. NOTE: If your TiVo DVR is receiving the TiVo Basic service, you may not opt out of TiVo’s collection of Diagnostic Information from that TiVo DVR.

1.5“Commerce Information” means personally identifiable information that enables a commerce partner to fulfill your request to participate in a promotion or transaction. From time to time, TiVo may present special offers and/or enable you to purchase goods and services from TiVo, or third party advertisers or promoters. You would be informed of such offers on screen while using the TiVo Plus service. Should you decide to take advantage of such an offer or engage in a transaction, TiVo will collect and communicate your relevant Contact Information and your interest in a specific offer or transaction to the commerce partner sponsoring the promotion or transaction. 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 collected and disclosed by TiVo 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.

1.6“Feature-Generated Request Information” means personally identifiable information about television programming that you request your TiVo DVR to record or identify using a feature offered by TiVo, such as Remote Scheduling. Should you decide to use such a feature, TiVo will collect the Personally Identifiable Viewing

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

Information associated with the fulfillment of your recording (or scheduling conflict) request. TiVo may use this Personally Identifiable Viewing Information as described in Section 2.2. TiVo collects this information only upon your affirmative choice to use a particular feature. NOTE: Depending on your level of TiVo service and the model of your TiVo DVR, such features may not be available to you.

2Use of User Information

2.1Account Information. We use your Account Information to establish and provide you with your TiVo service, provide the necessary resources to your TiVo DVR, offer you new services when they are available, and other legitimate business purposes. For example, we use your e-mail address to communicate with you regarding new services, and to exclude you from offers for services you may already have. If you use the TiVo Plus service, we also use such information to create your account with TiVo and to bill you for the TiVo Plus service. Knowing your ZIP code, programming source, and information about your cable or satellite box model allows us to determine which programming information (e.g., times and channels of programs) to send to your TiVo DVR.

We use your Account Information to communicate with you about upcoming features in the TiVo service or promotions that might interest you. If you use the TiVo Plus service, you may opt not to receive communications in the future as explained in Section 4.1. We also use your Account Information in aggregate form (i.e., excluding any Contact Information) to generate demographic profiles of our users as a whole to assist us to, for example, identify future users of

the TiVo service or other services. NOTE: If your TiVo DVR is

receiving the TiVo Basic service, and you choose to provide us with 10 Contact Information, you may not opt out from receiving

communications in the future. However, you are not required to provide us with any Contact Information so long as that TiVo DVR is receiving the TiVo Basic service.

151