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NASDAQ OMX Privacy Statement

Effective Date: 01/15/2009

This Privacy Statement describes how your personal information is collected, used, shared, and safeguarded by NASDAQ OMX.


Information Collection & Use

Registration

For some of the NASDAQ OMX Web sites, you must first complete the registration form and/or create a user name and password. During registration you may be required to give contact information (such as name and email address). We only use this information to contact you about the services on our site in which you have expressed interest.

NASDAQ OMX is the sole owner of the information collected on all NASDAQ OMX websites. NASDAQ OMX may collect personally identifiable information from our users at several different points on our Web site.

Orders

If you purchase a product or service from us, we request certain personally identifiable information from you on our order form. You must provide contact information (such as name, email, and billing address) and in some cases provide financial information (such as credit card number, expiration date).

We only use this information for billing purposes and to fill your orders. If we have trouble processing an order, we will use this information to contact you.

Uses of Information

NASDAQ OMX uses the personally identifiable information you provide us to communicate with you in response to your inquiries, to provide the services you request, and to manage your account. Any personally identifiable information gathered by NASDAQ OMX will be used for internal these purposes only. We will not disclose or divulge such data outside of NASDAQ OMX, other than to third party providers that assist us in providing the services. NASDAQ OMX does not share, sell, rent or trade personally identifiable information with third parties for their promotional purposes.


Communications from the Site

Special Offers and Updates

We may occasionally send you information on NASDAQ OMX products or services.

Out of respect for your privacy, we present the option not to receive these types of communications. Please see the “Choice and Opt-out."

Newsletters

NASDAQ OMX uses a 3rd party to create and distribute various news letters via e-mail. The third party will collect your name and e-mail address when you click through to their site and sign up for the newsletter. Please review their privacy policy to determine how your information will be used.

Tell-A-Friend

If you choose to use our referral service to tell a friend about our site, we will ask you for your friend’s name and email address. We will automatically send your friend a one-time email inviting him or her to visit the site.

NASDAQ OMX stores this information for the sole purpose of sending this one-time email and tracking the usage of this feature. NASDAQ OMX must store this information to fulfill its legal obligations.

Service-Related Announcements

We will send you service-related announcements when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance or there is price change, we will send you an email. Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account. Please see “Choice and Opt-out."

Customer Service

Based upon the personally identifiable information you provide us, we may send you a welcoming email to verify your username and password. We will also communicate with you in response to your inquiries, to provide the services you request, and to manage your account. We will communicate with you by email or telephone, in accordance with your wishes.

Profile

We store information that we collect through cookies, log files, clear gifs, to create a “profile" of your email and portfolio preferences within the site, enrollment form or account settings. We will link your personally identifiable information to your web site actions, to information in the profile, in order to provide a more accurate understanding of the web sites usage.

Windows Live

NASDAQ OMX is a Microsoft Windows Live ID participant but does not have access to the information you provide to Microsoft. For more information about Microsoft’s privacy practices please review the Microsoft privacy policy at http://privacy.microsoft.com/en-us/default.aspx.


Information Sharing and Disclosure

Aggregate Information (non-personally identifiable)

NASDAQ OMX does not share aggregated demographic information with our partners and advertisers, in ways that directly identify you.


Personally Identifiable Information

Agents and Service Providers

NASDAQ OMX uses outside companies to process credit card purchases. These companies do not retain, share, store or use your personal information for any other purpose. If you sign up for a NASDAQ OMX service provided by a company under contract with us, we will share your name and the minimum information necessary for the third party to provide these services. NASDAQ.com additionally will display aggregated portfolio information on NASDAQ.com, at no time will we share or display individual portfolio information.

Legal Disclaimer

We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our Web site

Choice/Opt-Out

If you no longer wish to receive our newsletter and promotional communications, you may opt-out of receiving them by emailing us at the appropriate contact associated with each web site found in the contact section of this privacy statement below.

You will be notified when your personal information is collected by any third party that is not our agent/service provider, so you can make an informed choice as to whether or not to share your information with that party.

Log Files

As is true of most Web sites, we gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data.

We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users’ movements around the site and to gather demographic information about our user base as a whole.

We do link this automatically-collected data to personally identifiable information. IP addresses are tied to personally identifiable information to help identify individual web site usage.



Cookies

A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. NASDAQ OMX uses cookies on some of our websites.

We use both session ID cookies and/or persistent cookies. We use session cookies to make it easier for you to navigate our site. A session ID cookie expires when you close you browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser’s “help" file.

Some cookies contain the email address, site logon or first name provided by you when completing an email profile for that site. This information is used to populate an email address box, logon box or display your first name when you logon on the site, respectively. Where appropriate some sites generate disclaimer/notice cookies to confirm that you have read and agreed to its terms of use. In the course of serving advertisements to this site, our third-party advertiser may place or recognize a unique "cookie" on your browser. Persistent cookies also enable us to track and target the interests of our users to enhance the experience on our site.

This privacy statement covers the use of cookies by all NASDAQ OMX web sites and does not cover the use of cookies by any advertisers. [See the “Third Party Advertising" section.]

Clear Gifs (Web Beacons / Web Bugs/ Embedded Pixels)

In an effort to provide users with the most relevant Web site content, we may also use embedded pixel technologies to help track site usage, these technologies are used on selected pages for the purposes of identifying unique user visits as opposed to aggregate hits. The site usage information collected by these technologies is associated with cookies and may provide data about site use by registered users of NASDAQ OMX Web sites. This information is used to evaluate site content, navigability and composition as well as page response rates. Any data linking the information gathered by clear gifs to a user's personally identifiable information is used for internal tracking purposes only. We will not disclose or divulge such data linkages outside of NASDAQ OMX. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on Web pages and are about the size of the period at the end of this sentence. To learn more about our advertising company’s use of clear gifs, please go to www.omniture.com

Third Parties

NASDAQ OMX uses an outside company (CyberSource Corporation) to process credit card purchases. This company does not retain, share, store or use your personal information for any other purpose. To learn more about how CyberSource utilizes personal information, please refer to their privacy statement at www.cybersource.com/privacy.xml.

Third Party Advertising

We use DoubleClick and other third-party advertising companies to serve ads when you visit our Web site. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other Web sites in order to provide advertisements on this site and other sites about goods and services that may be of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here. The privacy statements can be accessed from www.doubleclick.com and www.tribalfusion.com/TribalFusion/privacy.html

Links to Other Sites

This Web site contains links to other sites that are not owned or controlled by NASDAQ OMX. NASDAQ OMX is not responsible for the privacy practices of non-NASDAQ OMX web sites linked to a NASDAQ OMX site. We encourage you to read the privacy statements of other linked web sites when you leave our Web site. This privacy statement applies only to information collected by this Web site.

InfoSpace Search

NASDAQ OMX has partnered with InfoSpace, which operates a network of Web search and online directory properties to find products, services, businesses, people and information. The InfoSpace Privacy Policy will be in effect once you leave NASDAQ.com and can be found at http://www.infospaceinc.com/about/legal_privacy.php.

Access to Personally Identifiable Information

If your personally identifiable information changes, or if you no longer desire our service, you may update or deactivate it by contacting us at the contact information listed below.

Security

NASDAQ OMX takes reasonable precautions to protect your personal information. The security of your personal information is important to us. When you enter sensitive information (such as credit card number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL).

We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

Changes in this Privacy Statement

If we decide to change our privacy policy, we will post those changes to this privacy statement, the homepage, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page.

Contact Us

If you have any questions or suggestions regarding our privacy policy, please refer to the appropriate contact for each web site:

Website: www.nasdaq.com
Contact Info

Website: www.nasdaq.net
Email: contact@nasdaq.net
Phone: (800) 943-5502

Website: www.nasdaqtrader.com
Email: traderfeedback@nasdaq.com
Phone: (800) 777-5606

Mailing address:

The NASDAQ Stock Market 4 Times Square 43rd and Broadway New York, NY 10036

NASDAQ OMX is a licensee of the TRUSTe Privacy Program. TRUSTe is an independent organization whose mission is to advance privacy and trust in the networked world. This privacy statement covers the following NASDAQ websites:

Because NASDAQ wants to demonstrate its commitment to your privacy, we has agreed to disclose its information practices and have its privacy practices reviewed for compliance by TRUSTe. If you have questions or concerns regarding this statement, you should first contact the appropriate contact from the list above. If you do not receive acknowledgement of your inquiry or your inquiry has not been satisfactorily address, you should contact TRUSTe at http://www.truste.org/consumers/watchdog_complaint.php. TRUSTe will then serve as a liaison with us to resolve your concerns.

The TRUSTe program covers only information that is collected through this Web site, and does not cover information that may be collected through software downloaded from this site.

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