ForTalent PRIVACY POLICY

Effective January 1, 2009

XERO, Inc. (“ForTalent” or “we”) operates ForTalent.com. This Privacy Policy describes ForTalent’s use and sharing of personally identifiable information (“PII”-- your full name, email address, mailing address, telephone number, or credit card number) that members voluntarily provide to ForTalent when they register (also known as “Registration PII”). The Term “User” refers to a Visitor or a Member. This Privacy Policy applies to the services offered by ForTalent, including any ForTalent-branded URL (the “ForTalent Website”), and other features (for example, music and video embedded players), and any other features, content, or applications offered from time to time by ForTalent in connection with the ForTalent Website (collectively, the “ForTalent Services”).

The ForTalent Website is a general audience site and does not knowingly collect PII from children under 13 years of age.

From time to time ForTalent may modify this Privacy Policy to reflect industry initiatives or changes in the law, our PII collection and use practices, the features of the ForTalent Services, or technology, and such modifications shall be effective upon posting by ForTalent on the ForTalent Website. Your continued use of the ForTalent Services after ForTalent posts a revised Privacy Policy signifies your acceptance of the revised Privacy Policy. It is therefore important that you review this Privacy Policy regularly to ensure you are updated as to any changes. If ForTalent materially changes its practices regarding collection or use of your PII, your PII will continue to be governed by the Policy under which it was collected unless you have been provided notice of, and have not objected to, the change.

COLLECTION AND SUBMISSION OF PII AND NON-PII ON ForTalent General. When ForTalent collects PII from you, it is because you are voluntarily submitting Registration PII to us in order to register as a Member of ForTalent. ForTalent may also collect PII from you if you choose to participate in ForTalent Services activities like sweepstakes, contests, and surveys, because you want us to furnish you with products, services, newsletters, or information, or in connection with content or suggestions you submit to ForTalent for review.

In addition, ForTalent collects other non-PII including IP address, aggregate user data, and browser type. This data is used to manage and improve the ForTalent Services, track usage, and also for security purposes.

ForTalent Members may also choose to provide or store non-PII information in their profiles, including but not limited to date of birth, interests, hobbies, lifestyle choices, groups with whom they are affiliated (schools, companies), videos and/or pictures, private messages, bulletins or personal statements (collectively “Profile Information”). The Profile Information in a Member’s profile is provided at his or her sole discretion.

ForTalent Members can change their Registration PII and Profile Information at any time and can control how Visitors, other Members and ForTalent communicate with them by controlling their account settings, available within the “Edit Account Settings” section of their ForTalent profile.

Cookies. Cookies are small bits of information that ForTalent places on your computer. ForTalent uses cookies to identify your Internet browser, store Users’ preferences, and determine whether you have installed the enabling software needed to access certain material on the ForTalent Services. Data in cookies may be read to authenticate user sessions or provide services.

ForTalent WILL PROVIDE YOU WITH NOTICE ABOUT ITS PII COLLECTION PRACTICES

When you voluntarily provide PII to ForTalent, we will make sure you are informed about who is collecting the information, how and why the information is being collected and the types of uses ForTalent will make of the information to the extent it is being used in a manner that differs from what is allowed pursuant to this Privacy Policy.

At the time you provide your PII, ForTalent will notify you of your options regarding our use of your PII (See “Choice” below), except as described in this Privacy Policy, ForTalent will not share your PII with third parties unless you have given ForTalent permission to do so (See “Use” below).

ForTalent Services may be linked to Internet sites operated by other companies. ForTalent Services may also carry advertisements from other companies. ForTalent is not responsible for the privacy practices of websites or other services operated by third parties that are linked to or integrated with the ForTalent Services or for the privacy practices of third party Internet advertising companies. Once you leave ForTalent Services via such a link, access a third party application (such as widgets) or click on an advertisement, you should check the applicable privacy policy of the third party or advertiser site to determine, among other things, how they will handle any PII they collect from you.

ForTalent may use cookies and similar tools to customize the content and advertising you receive based on the Profile Information you have provided. Profile Information you provide in structured profile fields or questions (multiple choice questions like “Marital Status,” “Education” and “Children”) (“Structured Profile Information”), information you add to open-ended profile fields and questions (essay questions like “About Me”) (“Non-Structured Profile Information”) and other non-PII about you may also be used to customize the online ads you encounter to those we believe are aligned with your interests. For example, based on your music interests we might display an advertisement to make sure you are advised when your favorite band is coming to town. The information used for this feature does not provide your PII or identify you as an individual to third parties.

Some of the advertisements that appear on ForTalent Services may also be delivered to you by third party Internet advertising companies. These companies utilize certain technologies to deliver advertisements and marketing messages and to collect non-PII about your visit to or use of ForTalent Services, including information about the ads they display via a cookie placed on your computer that reads your IP address.

Third party applications (such as widgets) created by third party developers may also be available on the ForTalent Services. Third party applications are small bits of software, often with interactivity, that can be installed into Members’ profiles or shared with other Users. However, ForTalent does not control the third party developers, and cannot dictate their actions. When a Member engages with a third party application, that Member is interacting with the third party developer, not with ForTalent. ForTalent encourages Members not to provide PII to the third party’s application unless the Member knows the party with whom it is interacting.

ForTalent WILL PROVIDE YOU WITH CHOICES ABOUT THE USE OF YOUR PII

Except as described in this Privacy Policy, ForTalent will get your permission before we use the PII you provide to us in a way that is inconsistent with the purpose for which it was submitted or share your PII with third parties that are not affiliated with ForTalent.

ForTalent USE OF PII

ForTalent will only use the PII you provide under this Privacy Policy in a manner that is consistent with this Privacy Policy. If ForTalent obtains PII from a third party, such as a business partner, our use of that information is also governed by this Privacy Policy.

In order to locate other ForTalent Members that you may already know in the physical world, ForTalent allows Users to search for Members using Registration PII (i.e., full name or email address). ForTalent also allows Users to browse for certain Profile Information in order to help connect with Members (i.e., schools and/or companies where Users may have attended or worked). ForTalent may also enable Members to publicly display some Registration PII as an element of their Profile Information if they choose to do so via a profile setting under “Edit Profile.” Search engines may index the portion of a Member’s profile (including the Profile Information it contains) that is publicly displayed.

If you have consented to receive promotional materials (e.g., newsletters) or notifications from ForTalent, ForTalent may periodically use your email address to send you such materials related to the ForTalent Services, as applicable. If you want to stop receiving such materials from ForTalent, you can change your profile settings under “Account Settings,” or follow the unsubscribe instructions at the bottom of each email.

ForTalent employees, agents, and contractors must have a business reason to obtain access to your PII. ForTalent may share your PII with those who help us manage or provide ForTalent Services’ information activities (for example, message board administration, order fulfillment, statistical analyses, data processing), or with outside contractors, agents or sponsors who help us with the administration, judging and prize fulfillment aspects of contests, promotions and sweepstakes.

These outside contractors, agents or sponsors may temporarily store some information on their servers, but they may only use your PII to provide ForTalent with a specific service and not for any other purpose. ForTalent may also provide your PII to a third party in those instances where you have chosen to receive certain information and have been notified that the fulfillment of such a request requires the sharing of your PII. ForTalent also may share your PII with Affiliated Companies if it has a business reason to do so.

As described in “Notice” above, ForTalent may customize the advertising and marketing messages you receive on the ForTalent Website, or may work with outside companies to do so. Your non-PII and/or Profile Information may be shared with these companies so this customization can be accomplished. ForTalent prohibits these companies from sharing your non-PII and/or Profile Information with any third party or from using it for any other purpose. Anonymous click stream, number of page views calculated by pixel tags, and aggregated demographic information may also be shared with ForTalent advertisers and business partners.

There may be instances when ForTalent may access or disclose PII, Profile Information or non-PII without providing you a choice in order to: (i) protect or defend the legal rights or property of ForTalent, our Affiliated Companies or their employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of Users of the ForTalent Services or members of the public including acting in urgent circumstances; (iii) protect against fraud or for risk management purposes; or (iv) comply with the law or legal process. In addition, if ForTalent sells all or part of its business or makes a sale or transfer of all or a material part of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, ForTalent may transfer your PII to the party or parties involved in the transaction as part of that transaction.

When a Member who is located in the European Union chooses to post Profile Information that will be publicly disclosed, that Member is responsible for ensuring that such information conforms to all local data protection laws. ForTalent is not responsible under the EU local data protection laws for Member-posted information.

SECURITY: ForTalent PROTECTS THE SECURITY OF PII

ForTalent uses commercially reasonable administrative, technical, personnel and physical measures to safeguard PII and credit card information in its possession against loss, theft and unauthorized use, disclosure or modification. In addition, ForTalent uses reasonable methods to make sure that PII is accurate, up-to-date and appropriately complete.

HOW TO ACCESS OR CHANGE YOUR PII PREFERENCES

Whenever possible, ForTalent Members may review the Registration PII we maintain about them in our records. We will take reasonable steps to correct any PII a Member informs us is incorrect. If you are a Member, you can view and change your Registration PII, Member preferences and Profile Information by logging into your account and accessing features such as “Edit Profile” and “Account Settings.”

If you ask ForTalent to stop using your PII, ForTalent will honor that request while retaining any record of your PII that is necessary to comply with applicable federal, state, or local law.

If you would like to communicate with us about this Privacy Policy or ForTalent collection and use of your PII please contact ForTalent at:

Email: support@ForTalent