Intermix Media's lesson in why you should read privacy policies

Intermix Media (ticker: MIX), which is being investigated by Elliot Spitzer for illegal use of spyware, publishes its privacy policy on its web sites. Here's an (enjoyable) extract that refers to the use of "desktop software products", aka spyware:

Privacy Policy
Effective as of February 11, 2005

THIS PRIVACY POLICY MAY CHANGE FROM TIME TO TIME. PLEASE CHECK THIS PAGE FOR UPDATES OR REQUEST THE LATEST COPY BY CONTACTING US ONLINE.

Intermix Network, LLC owns and/or operates a network of Web sites (referred to hereafter as the "Network") providing diversionary entertainment and topical news, information and editorial content to millions of users and subscribers daily. The information collection, use, maintenance and disposal practices of the Network are discussed in this privacy policy.

1. Collection of Information.

...(c) General Behavior Tracking. The Network may track online behaviors ("Behaviors") through its own technologies, including its desktop software products, in order to increase the effectiveness of the advertisements it delivers. Examples of such behaviors may include advertisement responses, websites that individuals visit, and products that individuals purchase. Individuals can prevent the tracking of Behaviors by globally unsubscribing from the Network's marketing materials. As described in Section 2.1, the Network reserves the right to use such technologies for any purpose permitted by law.

...(e) New Technology. The use of technology on the Internet is rapidly evolving, as is the Network's use of new technology. As previously stated, Network reserves the right to change this policy at any time without any additional notice to the user. As a result, the Network strongly encourages individuals to revisit this privacy policy from time to time for any updates regarding its use of technology. Use of any Network website constitutes acknowledgement and acceptance of the Network's Privacy Policy and the Network's right to modify such Privacy Policy without additional notice.

2. Use of Individual Information.

...2.1 Discretion to Use Information.
THE NETWORK MAY USE INDIVIDUAL INFORMATION FOR ANY LEGALLY PERMISSIBLE PURPOSE IN THE NETWORK'S SOLE DISCRETION. The following paragraphs in Section 2 describe how the Network currently uses Individual Information, but the Network may change or broaden its use at any time as permitted by law. As noted below, the Network may update this policy from time to time. The Network may use Individual Information to provide promotional offers to individuals by means of email advertising, telephone marketing, direct mail marketing, and online banner advertising, among other uses.

...2.3 Targeted Advertising.
The Network uses Individual Information to target advertising to individuals. When individuals use the Internet, the Network uses such persons' Individual Information to show advertising for products and services in which those users have expressed an interest, whether directly or indirectly.