We at Talkcross, are committed to protecting the privacy of customers and users of our services and users of our Web site. We have therefore created this policy statement (the “Policy”) to explain our privacy practices and procedures, including:

We believe that you should know what information we collect from you, as well as understand how we use, disclose, and protect that information. We believe that you should be able to communicate with us easily to limit the disclosure of any of your personally identifiable information, where practicable, and to address any questions or concerns that you may have. And we will not disclose information to unaffiliated third parties without your consent or as otherwise provided in this Policy.

Talkcross will revise and update this Policy as Talkcross changes its practices, adds new services, or changes existing services. You should refer back to this page for the latest information.

This Policy applies to Talkcross’s services and its Web site, which are intended for the use of persons residing in Canada, and for delivery of services within the Canada.

By purchasing, subscribing to, or using Talkcross’s services or using Talkcross’s Web site, you agree to the terms and conditions set forth in this Policy.

1. INFORMATION WE COLLECT

We collect a variety of personally identifiable information about users of our services and visitors to our Web site in order to ensure an enjoyable user experience and seamless communications. When we use the term “personally identifiable information,” we mean information that is directly associated with, or could be used to identify, a specific person. Such information includes a name, address, telephone number, e mail address, or information about activities directly linked to that person which would permit the physical or online contacting of that person.

Our definition of personally identifiable information does not include “aggregate information”—data we collect about a group or category of services or users or customers and from which individual user or customer identities have been removed. Aggregate data—for example, a report that indicates that a certain number of our customers reside in a particular state or region of the United States, or a report on how many of our customers visited particular pages of our Web site—aids us in understanding trends and customer needs so that we can better consider new services or tailor existing services to customer preferences.

Our definition of personally identifiable information also does not include your Internet protocol (“IP”) address, unless you have registered with us in the “Preferences” section of our Web site, in which case your IP address is linked to your personally identifiable information.

We collect the following types of personally identifiable information through use of our Web site and telephone calls to Talkcross customer service:

  • Information You Give Us: We collect information you give us—such as your name, billing address, telephone number, e-mail address, and/or credit card number—when you purchase or use a service, participate in a promotion, or register with us in the “Preferences” section on our Web site.
  • Information We Collect Automatically: We automatically collect certain types of information whenever you interact with us. For example, when you visit Talkcross’s Web site, our systems automatically provide us with your IP address to tell us what type of Web browser you use, which may be linked to personally identifiable information if you have registered with us in the “Preferences” section of our Web site. When you visit Talkcross’s Web site by clicking an advertisement on a third-party Web site, Talkcross automatically collects information about the Web site you were visiting when you clicked on Talkcross’s advertisement, including the IP address of the Web site and the date and time that you clicked on Talkcross’s advertisement.
  • Information We Obtain from Other Sources: We may obtain information about you from outside sources and add it to, or combine it with, your personally identifiable information, including information such as:
    • Credit information, which allows us to complete transactions for the purchase of Talkcross services, and
    • Commercially available demographic and marketing information from third parties, which aids us in serving you and informing you of services that may be of interest to you.

Talkcross does not knowingly collect—either actively or passively—any information, including personal information as defined by the Children’s Online Privacy Protection Act, from children under the age of 13.

To see how we use, disclose, and protect the personally identifiable information that we collect, please review the rest of this Policy.

2. OUR USE OF PERSONALLY IDENTIFIABLE INFORMATION

Our Internal Use: In general, we use personally identifiable information to serve our existing and prospective customers and to enhance and extend our customer relationships. By understanding how you use our services and our Web site, we are able to customize and personalize our interactions with you. More specifically:

  • We use personally identifiable information for billing purposes, to provide services or complete transactions you have requested, to anticipate and resolve problems with your services, and to create and inform you of products or services from Talkcross or others that better meet your needs.
  • Talkcross uses e-mail, telemarketing, and direct mail to inform you about Talkcross products or services we think will interest you.

While you may choose not to receive marketing information from us, you will continue to receive bills, customer service-related notifications, and other similar information from us electronically or otherwise.

Our Customer Surveys: Periodically, you may be able to participate in our surveys to help us improve our services. Any personally identifiable information that we may collect from you in a survey will ONLY be used internally by Talkcross. And unless otherwise explained in the instructions for a particular customer survey, any personally identifiable information you provide to us for purposes of that survey will be used in accordance with this Policy.

Third-Party Use: To understand when and how Talkcross may disclose personally identifiable information to unaffiliated third parties, please read the Disclosure of Your Personally Identifiable Information section below.

3. DISCLOSURE OF PERSONALLY IDENTIFIABLE INFORMATION

Because information about our existing and prospective customers is one of our most important business assets, we seek to protect it and keep it confidential. We do not share personally identifiable information with unaffiliated third parties, nor do we sell it to third parties. We disclose personally identifiable information only as detailed below.

Your Consent: Talkcross will not disclose personally identifiable information other than in accordance with this Policy. In general, that means that you must consent to the disclosure in advance. Depending on the service, we may obtain your consent in a number of ways, including:

  • In writing;
  • Verbally;
  • Online, by clicking on a link or button; or
  • Through the use of a dialing string or buttons on a telephone handset.

Disclosure to Unaffiliated Third Parties: : In using these Talkcross Web site, you consent to our disclosure of personally identifiable information to unaffiliated third parties as follows: We share personally identifiable information with unaffiliated third parties ONLY as necessary to complete a transaction or perform a service that you have requested, or to support the technical operation and maintenance of our services and of our Web site. When the unaffiliated third party acts solely on our behalf Talkcross requires that party to follow our privacy practices. Talkcross DOES NOT SELL TO THIRD PARTIES ITS CUSTOMER LISTS OR ANY PERSONALLY IDENTIFIABLE INFORMATION ASSOCIATED WITH ITS CUSTOMERS.

Business Transfers: Information about our users and customers, including personally identifiable information, may be disclosed as part of any merger, acquisition, or sale of company assets. It may also be disclosed in the unlikely event of an insolvency, bankruptcy, or receivership in which personally identifiable information would be transferred as one of the business assets of Talkcross.

911 Calls and Requests for Emergency Assistance: If you dial 911 for emergency services, we may provide personally-identifiable location information to a public safety answering point; emergency medical service provider or dispatch provider; public safety, fire service, or law enforcement official; or hospital emergency or other medical care facility. As permitted by law, we may also disclose personally-identifiable location information without a user’s consent in an emergency situation involving risk of death or serious physical harm, such as to a user’s legal guardian or members of a user’s immediate family or to database management services or information providers solely to assist in delivering emergency services.

Protection of Talkcross and Others: We release personally identifiable information when we believe release is appropriate to do one of the following:

  • Comply with the law (e.g., a lawful subpoena);
  • Enforce or apply our agreements to sell services to you;
  • Bill and collect for services; or
  • Protect our rights or property.

4. CUSTOMER PROPRIETARY NETWORK INFORMATION

In the normal course of providing telecommunications and interconnected voice-over-Internet-protocol (“interconnected VoIP”) services to its users and customers, Talkcross collects and maintains certain customer proprietary network information (“CPNI”). Your CPNI includes the types of telecommunications and interconnected VoIP services you currently purchase or subscribe to, how you use those services (for example, your calling records), and billing information related to those services. Your Talkcross telephone number, name, and address do not constitute CPNI.

Talkcross does not sell, trade, or otherwise share your CPNI with anyone outside of Talkcross or with anyone who is not authorized to represent us to offer our services or to perform functions on our behalf except as the law may require or you may authorize.

Federal law generally permits us to use CPNI in our provision of telecommunications and interconnected VoIP services you purchase or subscribe to, including billing and collections for those services. We are permitted to use or disclose CPNI to offer communications services of the same type that you already purchase from us. We may also use or disclose your CPNI for legal or regulatory reasons such as to respond to a court order, to investigate fraud, to protect our rights or property, to protect against the unlawful use of our services, or to protect other users.

If you choose to restrict access to your CPNI for our own marketing purposes, please contact us. By restricting our use of your CPNI, you will not affect our provision of any service, nor will you necessarily eliminate all types of Talkcross marketing.

5. SECURITY AND DATA INTEGRITY

We maintain a variety of physical, electronic, and procedural safeguards to guard your personally identifiable information and CPNI. Specifically, we use commercially accepted procedures and systems to protect against unauthorized access to our systems. We restrict access to your personally identifiable information and CPNI to those employees and contractors—all of whom are covered by this Policy—who need to know that information to provide services to you or otherwise assist you. We protect the security of your personally identifiable information during transmission via the Talkcross Web site by using Secure Sockets Layer (“SSL”) software, which encrypts information you input, so that no one else can read it as it is transmitted over the Internet. And we use an SSL connection to enable you to view, enter, and change the information in the “Preferences” section securely on our Web site.

You can take additional steps on your own to safeguard your personally identifiable information. For example, you should be sure to sign off when finished using a shared computer. And you should always log out of any Web site, including the Talkcross Web site, after viewing personal account information, such as the “Preferences” section of our Web site.

Please be advised that Talkcross has no control over the security of other sites on the Internet you might visit, interact with, or from which you might buy products or services.

6. OUR USE OF “COOKIES”

Talkcross uses “cookies” to enhance your use of our Web site. “Cookies” are small text files placed on your computer’s hard drive by a Web site when you visit that Web site. These files identify your computer and record your preferences and other data about your visit to a Web site so that when you return to that site, the site operator knows who you are and can personalize your visit. For example, cookies enable a Web site shopping cart to function so that you only have to check out once. Consequently, cookies are often tied to the use of personally identifiable information while using our Web site. If you choose not to accept the use of cookies, your use of our Web site may be impaired.

Cookies allow us to do the following:

  • Complete transactions you have requested;
  • Collect information to determine which services and sections of our Web site are most and least popular;
  • Personalize our Web site and make recommendations to you based on services you have used in the past; and
  • Improve the ease of use of our Web site, sometimes in conjunction with Web beacons.

We do not use cookies to store credit card information. Talkcross does, however, use cookies to store login information (including passwords) for customers who choose the option of storing such information on their computers.

We also use a session-based cookie to maintain continuity of navigation for you when viewing our Web site during a particular on-line session. After closing the browser, the session cookie simply terminates; it is not stored on your computer’s hard drive thereafter.

In conjunction with Web beacons, Talkcross may also use cookies, but these cookies are not linked to your personally identifiable information.

You can enable cookies by doing the following:

  • Internet Explorer: On your task bar menu, select “Tools” and “Internet Options.” Then select the “Privacy” tab. Move the slider to any setting other than “High” or “Block All Cookies.” Then click “OK.”
  • Mozilla Firefox: On your task bar menu, select “Tools” and “Options.” Select the “Privacy” tab and place a tick mark in the box for “Accept Cookies from Sites.” Then click “OK.”
  • Netscape Navigator/Communicator: On your task bar menu, select “Edit” and “Preferences.” Select “Advanced” and click “Accept All Cookies.” Then click “OK.”
  • Apple Safari: On your task bar menu, select “Edit” and “Preferences.” Select “Cookies” and then select “Always” in the “Accept Cookies” section.
  • Google Chrome: Click the “Tools” menu to the right of the address bar and select “Options.” Click on the “Under the Hood” tab, and scroll down to the “Cookie settings:” section. In the drop-down menu, select “Allow all cookies.” Then click “Close.”

7. OUR USE OF WEB BEACONS

Talkcross uses Web beacons on its Web site. A Web beacon (sometimes called a “Web bug” or “clear GIF”) is a tiny graphic image (usually a 1-by-1 pixel) displayed in a Web page, Web-based document, or e-mail message, but it is usually invisible, as it is usually the same color as the background of the Web page, document, or e-mail message. When the user’s Web browser reads the HTML code for the Web beacon to retrieve the image, it can pass along the IP address of the user’s computer, the time the Web beacon was viewed and for how long, and the type of browser used. Web beacons can also be linked to a user’s cookies and any personally identifiable information that may be stored in them.

Talkcross uses Web beacons to gather aggregate information, as described above in Information We Collect. Talkcross does not use Web beacons that link to cookies or to personally identifiable information on unaffiliated third-party Web sites. And it does not permit unaffiliated third parties to place such Web beacons in advertisements on Talkcross’s Web site.

For its Web beacons, Talkcross uses Omniture to analyze use of Talkcross’s Web site. For further information on how Omniture collects and uses information, you should refer to the Omniture Products and Services Privacy Statement at http://www.omniture.com/privacy/product.

8. OUR USE OF BANNER ADS

We may use third-party advertising companies to place advertisements about Talkcross products and services on other Web sites. These advertising companies may use cookies, Web beacons, or other technologies to measure the effectiveness of our ads. The advertising companies may use anonymous information about your visits to our and other Web sites in order to measure advertising effectiveness and offer selective ad content. But they use an anonymous identifier, such as a number, to identify you. They do NOT link to or collect any personally identifying information. The use of such cookies, Web beacons, and other technologies is subject to the advertising companies’ privacy policies, not the Policy of Talkcross. If you would like more information about the advertising companies we use and their privacy practices, or would like to prevent them from sending and reading cookies on your computer, click here.

9. CHECKING ACCOUNT AND “PREFERENCES” INFORMATION FOR ACCURACY

Talkcross customers can review or change the information in the “Preferences” section of our Web site, or by telephoning or writing to Customer Service. For Customer Service contact information, please see the Contacting Us section below. As noted in the Information We Collect About You section above, we may also use updated address information obtained from other sources to update our records.

10. ENFORCEMENT

Talkcross regularly reviews its compliance with this Privacy Policy. Please contact us with any questions or concerns regarding this Privacy Policy or Talkcross’s treatment of personal information. When we receive formal written complaints, it is Talkcross’s policy to contact the complaining customer or user regarding his or her concerns.

11. UPDATING OF OUR POLICY

Talkcross will revise or update this Policy if our practices change, as we change existing services, add new services, or develop better ways to inform you of services we think will interest you. You should refer back to this page for the latest information and the effective date of any changes.