Incredimail 2012 Annual Report Download - page 256

(q) Privacy
. The Company and the Israeli Subsidiary have established privacy policies with
respect to the Personal Data which are in conformance with reputable industry practice and, in all material respects, all
applicable laws and regulations. The Company and the Israeli Subsidiary are in compliance, in all material respects, with
such privacy policies, with any contractual obligations relating to privacy, data protection, and the collection and use of
the Personal Data and with all applicable laws and regulations relating to the use, collection, storage, disclosure and
transfer of any Personal Data collected by the Company or the Israeli Subsidiary or by third parties having authorized
access to the records of the Company or the Israeli Subsidiary. The execution, delivery and performance of this
Agreement, will comply with all such applicable laws and regulations relating to privacy and with the Company’
s and the
Israeli Subsidiary's privacy policies. Neither the Company nor the Israeli Subsidiary have received any complaint
regarding the Company’s or the Israeli Subsidiary's collection, use or disclosure of Personal Data.
(r) Personal Data. Schedule 2.8 (r)
of the Company Disclosure Letter identifies and describes each
distinct electronic or other database containing (in whole or in part) Personal Data maintained by or for the Company or
the Israeli Subsidiary at any time (“ Company Databases ”),
the types of Personal Data in each such database, the means
by which the Personal Data was collected, and the security policies that have been adopted and maintained with respect to
each such database. No breach or violation of any such security policy by the Company or the Israeli Subsidiary has
occurred or is threatened, and to the Company’
s knowledge, there has been no unauthorized or illegal use of or access to
any of the data or information in any of the Company Databases. Neither the Company nor the Israeli Subsidiary collects
information, personal or otherwise, that would require it to register a database under Israeli law. Neither the Company nor
the Israeli Subsidiary collects any information which can be used or de-
anonymized to distinguish or trace an individual's
identity, such as name, social security number, biometric records, etc. alone, or when combined with other personal or
identifying information which is linked or linkable to a specific individual, such as date and place of birth, mother’
s
maiden name, etc.
2.10 Taxes .
(a) Tax Returns and Payments
. All Tax Returns required to be filed by or on behalf of the
Company or the Israeli Subsidiary (the “ Company Returns ”)
have been timely and properly filed with the appropriate
Tax Authorities and are true, accurate and complete in all material respects. All Taxes of the Company and the Israeli
Subsidiary that are due and payable have been timely and properly paid. All Taxes required to be withheld by the
Company or the Israeli Subsidiary have been properly and timely withheld and remitted. The Company has delivered to
Purchaser accurate and complete copies of all income and other material Tax Returns filed by the Company and the Israeli
Subsidiary since inception. Schedule 2.10 (a)
of the Company Disclosure Letter lists each jurisdiction in which the
Company and the Israeli Subsidiary is required to file a Tax Return. Neither the Company nor the Israeli Subsidiary has
requested or been granted any extension of time to file a Tax Return, which Tax Return has not been filed. To the
knowledge of the Company, no claim has ever been made by an authority in a jurisdiction where the Company or the
Israeli Subsidiary does not file Tax Returns that it is or may be subject to taxation by that jurisdiction. The Company
Financial Statements properly and adequately accrue or reserve for Tax liabilities in accordance with GAAP.
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