ART TECHNOLOGY GROUP, INC.
Privacy Policy

Last Modified 22 April 2008

This Privacy Policy applies to the information collected and tracked through the websites owned by Art Technology Group, Inc. and its affiliates (collectively referred to as “ATG”). The websites included under this policy are: www.atg.com and www.estara.com (collectively referred to as the “Site”). This policy is meant to cover all information that may be collected on the Site as a whole, although the information collected on each individual website may be more limited.

Please be advised that the practices described in this Privacy Policy only apply to information gathered through the Site and do not necessarily reflect our practices with respect to information gathered offline.

ATG develops e-commerce software, which it sells through its ATG Commerce platform and application suite product line. ATG delivers on demand e-commerce optimization services, which it sells via the eStara product line including ‘Click to Call’, ‘Click to Chat’, ‘Recommendations’, and ‘Call Tracking’.

At ATG, we are committed to providing the highest degree of privacy to our Site visitors. ATG is certified to the Safe Harbor framework, as promulgated by the United States Department of Commerce to comply with European Union privacy protection requirements. Accordingly, ATG adheres to the Safe Harbor principles. To learn more about Safe Harbor, please visit www.export.gov/safeharbor.

We will keep any and all information collected at this Site strictly confidential and will not trade, sell, or otherwise convey collected information regarding its users or viewers to outside parties, except as stated in this Privacy Policy.

If you have any questions or concerns about this Privacy Policy, please contact our Privacy Agent at: Art Technology Group, Inc., Attn: Privacy Agent and Legal Department, 1 Main Street, 6th Floor, Cambridge, MA, 02142; Phone: (+1) 617-386-1000; Fax: (+1) 617-386-1111; Email: privacy@atg.com.

Information Collection and Use.

We collect information about your use of the Site. This information falls into two categories: personally identifiable information and non-personally identifiable information. We want you to be informed about what information is collected, when it is collected, and what we do with the information. Unless otherwise stated, we do not share any of this information with third parties.

Security.

To help ensure the integrity and privacy of the PII that you provide to us, we encrypt that information using secure socket layer technology (SSL). To learn more about SSL, see http://www.networkworld.com/community/node/20362. We follow generally accepted industry standards to protect the PII submitted to us, both during transmission and once we receive it. However, there is always some risk involved in transmission of information over the internet or method of electronic storage. Therefore, we cannot guarantee absolute security of your PII.

Third Parties.

You should be aware that our third-party advertisers may place or recognize unique cookies on your browser to collect NII for the purpose of providing advertising-related services. Third parties may also use their own cookies or action tags when you click on their advertisement or link to their websites or services on or from the Site. This Privacy Policy does not govern the use by such third-party websites or services/providers of third-party advertising.

Outside merchants may offer additional information or offer for purchase certain content, products or services. We are not responsible for the information collection or privacy practices of outside merchants. We encourage you to be aware of when you leave the Site and link to that of an outside merchant.

Except as set forth in this Privacy Policy, or as specifically authorized by you, we will not disclose to third parties any information we gather from you on the Site.

In the event of a sale, merger or other transfer of all or substantially all of the assets of ATG, we reserve the right to transfer information to any such third party who acquires all or substantially all of the assets of ATG by sale, merger, or transfer, or any of its divisions or business units.

We may disclose PII or NII to our affiliates or partners which includes any person or entity that by ownership or otherwise, is controlled by ATG, is under common control with ATG, is acting on behalf of ATG, or that directly/indirectly controls ATG. Any information relating to you that we provide to our affiliates or partners will be treated pursuant to this Privacy Policy’s terms.

If we believe that we are required to disclose PII or NII to comply with a statute, law, subpoena, search warrant, court order, or other legitimate legal process, we may do so. In our sole discretion, if we believe that disclosing PII is necessary to protect or defend our rights or property, or to protect the safety or security of our users, ATG, or the general public, we may disclose PII under these circumstances.

We may provide third parties with information about you that does not allow you to be identified or contacted. Such information may be combined with similar information of other Site users. For example, we might inform third parties regarding the number of unique users who visit the Site, or the demographic breakdown of our registered Site users. The third parties to whom we may provide this information may include advertisers, commercial partners, licensees, researchers, and other similar parties.

We may employ outside contractors, such as independent contractors, vendors and suppliers, to provide specific services and products related to the Site. Such services and products may include hosting or maintaining the Site, providing credit card processing and fraud screening, providing or developing Site applications, and other similar services. In the course of providing products or services to us, the outside contractors may have limited access to information collected on the Site, including your PII. We may also provide your PII to our partners in some instances, for example, to follow up on a sales inquiry.

Links to Other Sites.

The Site contains links to other sites. Please be aware that ATG is not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave the Site and to read the privacy statements of each and every website. This Privacy Policy applies solely to information collected by this Site.

Update Information and Opt-Out Choice.

If you wish to update your information, to change or correct it, or to no longer receive our communications, you may email our Privacy Agent at privacy@atg.com. Such updates will not have an effect on other information that we maintain, or information that we have provided to third parties in accordance with this Privacy Policy before such update. Due to the distributed nature of our business and systems, we cannot guarantee that your web-based change request will update your information immediately in all ATG systems.

Please be aware that it is not reasonably possible to remove each and every record of the information you have provided to us. The need to back-up our systems to protect information from inadvertent loss means that a copy of your PII may exist in a form that will be difficult for us to locate. After receiving your update, PII stored in databases we actively use and other readily searchable media will be appropriately updated, as soon as reasonably practicable.

Dispute Resolution.

If you believe we have used your PII in violation of this Privacy Policy, you may contact us at privacy@atg.com. If after 30 days you still believe your complaint has not been satisfactorily resolved, you may require that the matter be settled by a binding independent recourse mechanism.

As an independent recourse mechanism, we recommend the American Arbitration Association (“AAA”). The AAA provides dispute resolution services using a neutral arbitrator which will provide case resolution under the applicable AAA rules. Written notice of arbitration should be delivered to ATG at the address above and such arbitration will take place in Boston, Massachusetts, USA, or other location agreed to by ATG. Each party will bear its own costs of arbitration. The arbitrator will have no authority to award punitive damages. For more information on the AAA and the dispute resolution services, please see http://www.adr.org/drs.

Disclaimer.

By using the Site, you signify your acceptance of this Privacy Policy. If you do not agree to this Privacy Policy, you should not use the Site. We may revise this Privacy Policy at any time and such revisions may result in additional uses or disclosures of your PII or NII. We will post the effective policy on the Site. Your continued use of the Site following the posting of changes will mean that you accept those changes.

Effective Date.

22 April 2008.