WhenU Prevails in Utah Court on Spyware Control Act
SALT LAKE CITY & NEW YORK--(BUSINESS WIRE)--June 22, 2004--WhenU, the global Desktop Advertising Network, prevailed today in its motion to enjoin the Utah Spyware Control Act. The preliminary injunction was issued by Judge Joseph C. Fratto Jr. of the Third Judicial District Court in Salt Lake City. WhenU had argued in its papers and testimony that the Act affects legitimate Internet advertising companies and therefore violates the First Amendment and dormant Commerce Clause of the United States Constitution, among other laws.
"This is an important decision for the entire Internet advertising industry," said Avi Naider, WhenU's Chief Executive Officer. "Spyware is a problem and we want to put an end to it. WhenU supports appropriate anti-spyware legislation at the federal level, but unfortunately Utah's Act also impairs legitimate Internet advertising."
WhenU coupons and advertisements are displayed in separate WhenU-branded windows on the desktop and targeted based on consumer interests. For example, consumers seeking to purchase a hotel stay in New York City may be told by WhenU about an alternative website where they can get NYC hotels at a discount. Although it displays targeted advertising, WhenU rigorously protects consumer privacy. Consumers' personal information and clickstream data is not transmitted back to WhenU and WhenU does not profile or track individual consumers in any way.
WhenU reaches desktops by partnering with popular software developers. WhenU enables these software developers to offer their valuable software free to consumers who agree to see coupons and advertisements. In many instances, consumers choose whether to download a paid version or a free, ad-supported version of the software. In addition, WhenU's ad serving is done in a way that protects the privacy and anonymity of consumers. WhenU supports many popular consumer software programs including BearShare, Freeze and Weathercast.
WhenU displays its contextual messaging in a broad variety of formats including toolbars, pop-ups, banners, buttons, text links and even display of actual products - such as placing a small graphical replica of a particular model of automobile or cell phone on the consumer's desktop if they have exhibited a related interest.
Adhering to one of the Industry's Most Stringent Consumer Privacy Policies
Protecting user privacy is of paramount importance to WhenU. The company understands that to successfully drive revenues for advertisers, consumers must see true value in the advertisements they agree to see in exchange for free software, while knowing that their privacy is protected.
WhenU takes every step possible to keep this promise to consumers - much more than the average Web site. The WhenU global Desktop Advertising Network:
-- Does not track individual user data
-- Does not use cookies
-- Does not track clickstream data
-- Does not compile a centralized database of users
-- Does not engage in any type of user profiling
About WhenU
Headquartered in New York City, WhenU (www.whenu.com) is a global Desktop Advertising Network. Through the Company's partnerships with popular software developers, WhenU enables consumers to receive valuable software for free by agreeing to see occasional ads instead of paying a fee - and without compromising their privacy. For sophisticated marketers, the WhenU Desktop Advertising Network drives unmatched consumer response by uniquely combining one of the Internet's largest audiences with precision targeting technology.
Contacts
fama PR
Anthony Citrano, 617-758-4140
or
WhenU
Ahmet Can, 212-239-0000 x539
[ Comment, Edit or Article Submission ]
