UPDATED: August 24, 2010

RIVERPARK WEBSITE PRIVACY POLICY

Cluster Amenities No. 1, LLC (“we,” “us” or “our”) takes the privacy and protection of your personal information very seriously. This Privacy Policy describes our practices with respect to “Personal Information,” which is information that is personally identifiable, like your full name, as well as other non-public information associated with your full name (such as e-mail address, phone number, or postal address) submitted through the Riverpark World Wide Web site (the “Site”).

BY USING OUR SITE OR SUBMITTING PERSONAL INFORMATION THROUGH OUR SITE, YOU EXPRESSLY CONSENT TO THE PROCESSING OF YOUR PERSONAL INFORMATION ACCORDING TO THIS PRIVACY POLICY.

This Privacy Policy is a part of our Terms of Use. If any term in this Privacy Policy is inconsistent or conflicts with any term in the Terms of Use, this Privacy Policy will control. Capitalized terms used in this Privacy Policy but not defined in this Privacy Policy have the meanings given to them in the Terms of Use.

You acknowledge that, in addition to the terms of this Privacy Policy, any Personal Information you submit when you use the Reservation Service is subject to OpenTable’s privacy policy located at http://www.opentable.com/info/privacypolicy.aspx (the “OpenTable Privacy Policy”).

PERSONAL INFORMATION WE COLLECT AND HOW WE USE IT

When you use the Reservation Service, OpenTable provides us the following: your name, phone number, reservation date and time, and the number of persons in your dining party. If you have opted for special preferences in your reservation, OpenTable provides us those special preferences. Your email address is provided to us by OpenTable if you indicated to OpenTable that you are interested in receiving emails from us. If you submit any contact information (such as, but not limited to, your email address), comments or feedback regarding the Restaurant on OpenTable’s dining feedback form, OpenTable may provide your contact information, comments and feedback to us. We may associate your contact information, comments and feedback with other information regarding your dining reservation, including any contact information (such as, but not limited to your e-mail address) and other information you submit when you complete contact cards we provide in our Restaurant. We may use information about your reservation and dining experience to improve the services we provide you and to contact you with service or promotional information about us.

If you contact us (by e-mail, for example), we collect any information included in your communication and we may use it to respond to you.

If you submit your resume online for employment opportunities with us, we will collect some or all of the following: your name, address, phone number and employment and education history and any other information included in your resume and any email communication. We use this information to process your employment application and to respond to you.

We may use cookies to and/or collect your IP Address in order to simplify your use of our Site (so that, for example, our Site remembers you) and to better understand (and improve) how customers use our Site and services.

We may create anonymous information records from Personal Information by excluding information which makes the information personally identifiable to you. We reserve the right to use and disclose Anonymous Information at our discretion.

DISCLOSURE OF PERSONAL INFORMATION

Except as otherwise stated in this Privacy Policy, we do not trade, rent, or share your Personal Information with third parties, unless you ask or authorize us to do so.

We may provide your Personal Information to third party service providers for the purpose of providing services to us, assisting us in providing services (including without limitation Restaurant dining services) to you, and to help us communicate with you. Except with respect to OpenTable, which may, in accordance with the OpenTable Privacy Policy, use your Personal Information that you submit when you use the Reservation Service, our service providers do not have any independent right to share your Personal Information (except pursuant to a legal requirement such as a subpoena or warrant).

To the extent that we have a parent company, any subsidiaries, joint ventures, or other companies under a common control (collectively, “Affiliates”), we may share some or all of your Personal Information with these Affiliates, in which case we will require them to honor this Privacy Policy.

In the event we or any of our service providers goes through a business transition such as a merger, acquisition by another company, or sale of all or a portion of its assets, your Personal Information will likely be among the assets transferred. You acknowledge that such transfers may occur, and that any acquirer of us or the applicable service provider or its assets may continue to use your Personal Information as set forth in this Privacy Policy. You hereby consent to sharing your Personal Information under these circumstances.

We may (and you authorize us to) disclose Personal Information we have collected about you if we believe in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on us; (b) to enforce any agreement we may have entered into with you and to enforce the Privacy Policy; or (c) to protect and defend the rights or property of us, other users of our Site, or third parties. You further authorize us to permit our Restaurant Operator to disclose Personal Information we have collected about you if the Restaurant Operator believes in good faith that such disclosure is necessary to (i) comply with relevant laws or to respond to subpoenas or warrants served on the Restaurant Operator; (ii) to enforce any agreement the Restaurant Operator may have entered into with you; or (iii) to protect and defend the rights or property of the Restaurant and/or the Restaurant Operator, other diners at the Restaurant, or third parties.

CHOICES REGARDING PERSONAL INFORMATION

We will include unsubscribe instructions in each promotional communication we send you.

You may request that we delete your Personal Information, but please note that we may be required (by law or otherwise) to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request, only after we have fulfilled such requirements). When we delete Personal Information, it will be deleted from our active databases, but may remain in our archives.

LINKS TO OTHER WEBSITES

Our Site may contain links to other websites that are not owned or controlled by us. The provision of such links is for your convenience and does not signify our endorsement of such websites or location or its contents. We have no control over, do not review and are not responsible for the privacy policies of or content displayed on such other websites. Please be aware that the terms of this Privacy Policy do not apply to any outside websites.

PRIVACY OF MINORS

We do not intentionally collect or maintain information from persons under the age of 13.

SECURITY AND CONFIDENTIALITY

We have put in place reasonable procedures to safeguard and secure the information we collect online. However, no company, including us, can fully eliminate security risks associated with Personal Information under all circumstances.

CHANGES IN THIS PRIVACY POLICY

This Privacy Policy is subject to revision from time to time in our discretion. We will post the revised version of our Privacy Policy on this page. Continued use of our Site or the services we provide through the Site following any changes shall indicate your acknowledgement of such changes and agreement to be bound by the revised Privacy Policy.

CONTACT US

If you have any questions or suggestions regarding this Privacy Policy please contact us by sending us an e-mail to privacy@labspace.com.