Privacy Policy Statement for Number2.com

Effective Date August 18, 2004

Xap Corporation ("Xap"), the company that operates Number2.com, recognizes and respects the privacy interests of Number2.com users. Xap is committed to protecting that privacy and keeping users informed about our privacy policy.

As Number2.com evolves, we may update this privacy policy statement to reflect changes in the manner in which we deal with personal information, whether to comply with applicable regulations and self-regulatory standards or otherwise. The privacy policy posted here will always be current. We encourage you to review this statement regularly.

WHAT THIS PRIVACY POLICY STATEMENT COVERS:

• Number2.com privacy policy and its exceptions
• The personal identifying information we collect
• Reasons we collect personal identifying information
• Minimum age of 13 required to establish an account
• Ways in which personal identifying information may be used
• With whom personal identifying information may be shared
• Security measures to protect information entrusted to Xap and Number2.com
• Cookies
• Links
• Modifying and deleting your information
• Amending this Privacy Statement
• Questions

Number2.com PRIVACY POLICY AND ITS EXCEPTIONS

Except as set forth below, personally identifiable data you enter on Number2.com is not made available or distributed to third parties, except with your express consent or at your express direction. In particular, Number2.com and Xap will not give, sell or provide access to your personal information to any company, individual or organization for its use in marketing or commercial solicitation or for any other purpose, except with your express consent, at your direction, as is necessary for the operation of this site, or pursuant to one of the exceptions listed below. During the registration process, Number2.com asks you whether you would like to receive information about financial aid, including student loans, or information about special offers, discounts and other promotions for students. If you answered yes to either of those questions, personally identifying information about you may be sent to sponsors or other third party partners of Number2.com so that they can provide the information about the aid, offers, discounts or promotions that you requested. In the event Number2.com does provide personally identifying information to a sponsor or partner, we will secure the commitment of the sponsor or partner to limit its use of the personally identifying information to supplying the information you requested and to refrain from passing that personally identifying information on to any third parties for their use. Number2.com may also deliver the requested information to you directly on behalf of its sponsors and partners. We may also share aggregate demographic data and website usage information with our sponsors, commercial partners and others. This aggregate information, such as the number of users in a specific grade level, does not contain any information that can be used to identify any individual user.

Exceptions to the Privacy Policy

There are limited exceptions to the Number2.com privacy policy. When required by law to comply with any valid legal process such as a search warrant, subpoena, statute, regulation or court order, Xap will supply such information contained in your Number2.com account as Xap reasonably determines, based on the advice of counsel, it is legally required to supply. In addition, Xap may release specific information relevant to special cases, such as a physical threat to you or others or an attempted breach of security on the Number2.com site.

THE PERSONAL IDENTIFYING INFORMATION WE COLLECT

Number2.com collects personal identifying information from you including, but not limited to, your name, date of birth, address, e-mail address, telephone number, grade level and the test for which you are preparing.

REASONS WE COLLECT YOUR PERSONAL IDENTIFYING INFORMATION

Number2.com collects personal information from you primarily for three reasons. The first reason is to customize your test preparation course. The second reason is to allow Number2.com to be able to contact you with test preparation content and communications and, when necessary, password information. The third reason is that sponsors and other commercial partners of Number2.com or Number2.com itself on their behalf, may contact you regarding student loans, other financial aid products, and special offers, discounts and promotions, provided you have consented to such contact by indicating an interest in receiving relevant materials. Number2.com is a free site, allowing students to access comprehensive test preparation courses online at no charge, and it relies on the support of sponsors and other commercial partners to be able to offer the free comprehensive test preparation courses to students at no charge. Any user who does not wish to be contacted by sponsors and business partners, or Number2.com on their behalf, can decline to receive such communications when enrolling. If you initially chose to receive commercial communications and later want to discontinue such communications, you should login to Number2.com, click on Òchange the settings on your accountÓ to go to your control panel, and click on the link that says: Click here if you don't want to receive any more such emails.

When you log on to Number2.com, your browser will automatically transmit to Number2.com's server the IP address of your computer and type of browser you are using. Although your browser transmits the IP address of your computer, Number2.com does not associate this IP address with any personally identifiable information regarding you. Number2.com does not collect any personally identifiable information other than what users submit and their browsers transmit.

MINIMUM AGE OF 13 REQUIRED TO ESTABLISH AN ACCOUNT

Number2.com will not collect any information from persons who are not yet 13 years old. If you are under 13 years of age, you are not authorized to create an account on Number2.com, but you can utilize those portions of Number2.com that do not involve the collection of personal information from users (such as the question of the day and word of the day).

If you are 13 years of age or older, you are encouraged to create an account on Number2.com and to utilize all of Number2's test preparation resources, which will help you prepare for standardized tests like the SAT, ACT, and GRE.

WAYS IN WHICH PERSONAL IDENTIFYING INFORMATION MAY BE USED

Number2.com will use your personal identifying information to personalize your test prep home page and to:

Communicate your requests for information or material to Number2.com sponsors and commerce partners pursuant to your authorization, to enable those commerce partners to send a response to you and, if appropriate, to individualize that response.

Your personal identifying information may also be used for the following purposes:

We may use your identifying information to help diagnose problems with Number2.com's server and to administer the Number2.com website.

Summary data representing a compilation of aggregate data representing Number2.com users may be collected by Xap and provided to various entities including Number2.com's sponsors and commerce partners. NO PERSONAL IDENTIFYING INFORMATION IS MADE AVAILABLE AS PART OF THESE SUMMARY REPORTS. Aggregate data may also be used by academic researchers or by Number2.com itself for research purposes, including research directed towards improving our service or reporting on the effectiveness of our test preparation services. Some examples of summary data are the number of visitors and visits to the site, the percentage of times a particular question is answered correctly, and the Number2.com functions utilized by students in specified age or grade ranges.

WITH WHOM PERSONAL IDENTIFYING INFORMATION MAY BE SHARED

In each of the circumstances described below, your personal data may be shared with others:

If you request a "coach" (a counselor, teacher, parent, etc.) and then enter an email address for the coach, that person can have access to various data pertaining to your performance on the site, including the amount of time you spend on the site, your percentile ranking in various categories, and the number and degree of difficulty of the questions you have answered correctly and incorrectly.

If you elect to receive information from our sponsors and commerce partners, or to receive information regarding products or services, such as student loans, personally identifiable information about you may be sent to our sponsors or other commerce partners to enable them to respond to your request.

When visiting Number2.com, you may link from Number2.com to other websites for a variety of purposes such as visiting another educational website or a website of a Number2.com sponsor or commercial partner, including a partner that is offering products or services for sale. This Number2.com privacy statement does not apply to any other website, including websites to which Number2.com may be linked. For your protection, we recommend that you read and understand the privacy policy at any website prior to providing personal information on that website.

SECURITY MEASURES TO PREVENT MISUSE OF INFORMATION ENTRUSTED TO Number2.com

Number2.com causes the data you input to be encrypted when in route between your browser and the Number2.com server and when in route between the Number2.com server and some other browser or server. This practice helps prevent unauthorized third parties from intercepting and gaining access to your private data during transmission over the Internet. Number2.com uses 56-bit, Secure Socket Layer encryption supported by both Netscape's and Microsoft's browsers.

Data residing on the Number2.com server is password protected, and access is provided only to the account holder who created the password, anyone to whom that account holder entrusted the password, a "coach" authorized by the account holder, and those employees of Xap who require such access to administer and maintain the Number2.com system or to provide requested customer support to users of Number2.com. Each Xap employee who has access to the data residing on the Number2.com server has agreed in writing to respect the privacy of all such personal data.

COOKIES

A cookie is a small file that a website transfers to a user's computer, which may then be stored on its hard drive. Number2.com uses cookies to remember you and personalize your web-viewing experience by keeping track of your session when logged on to Number2.com. Cookies enable you to maintain continuity as you move from page to page on Number2.com and to avoid the nuisance of being asked to provide the same information repeatedly. Cookies also allow us to make sure that only your browser can exchange information regarding your account with our servers. Cookies cannot be used to steal personal information or to gain access to information that you did not directly provide. The cookies we use are set when you log on to Number2.com and are erased when you log off Number2.com or completely close your browser.

Don't want cookies

Most browsers are initially set to accept cookies. If you don't want cookies, you can set your browser to disable or refuse cookies or to alert you when cookies are being used. You should note, however, that various Number2.com services might not function properly when cookies are not utilized.

LINKS

Number2.com hosts links to other sites or resources having privacy policies that may differ from those of Number2.com. Xap is not responsible for the privacy practices or the content of any websites not operated by Xap to which Number2.com links or for the conduct of persons operating those websites. Xap does not endorse, such external sites and resources over which it does not exercise control. Xap shall not be liable for any content, advertising, products or other materials on or available from such sites or resources. In addition, Xap shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

MODIFYING AND DELETING YOUR INFORMATION

You may update, otherwise modify or delete from the data stored on Number2.com any personal information you previously provided. To modify or delete personal information, (i) log on to Number2.com, (ii) after you have logged in click on "change the settings on your account", (iii) access either your user profile by clicking on the "account Settings" or the "customize" button located on your personal homepage, and (iv) modify or delete information as desired using standard word-processing techniques. Please recognize that if you delete information, it will no longer be available on Number2.com and your account may not function properly. Similarly, when accessed over Number2.com, information that has been updated or otherwise modified will appear in its then-most current form, rather than in the form in which it may have been submitted at some earlier time.

AMENDING THIS PRIVACY STATEMENT

Xap may amend this Privacy Statement from time to time. If Xap makes any substantial changes to this Privacy Statement concerning use of your personal information, Xap will notify you by posting a message on the Number2.com homepage for at least thirty days.

QUESTIONS

If you have any questions about this privacy statement and the privacy practices on this site, you may contact us at questions@number2.com.