1. WHAT IS Vphonet AND WHAT PRODUCTS DOES IT OFFER?

Through its websites, Vphonet Ltd. offers the Vphonet software and other Vphonet products (e.g. Call Out, Virtual Number Call In, SMS, Voice mail ,Phone to Phone service, etc.), which may be extended or changed from time to time.

2. WHAT INFORMATION DOES Vphonet COLLECT?

Vphonet may gather and process information about you, including (but not limited to) information in the following categories:
(a) Identification data (name, address, telephone, email address etc.);
(b) Profile information (e.g. age, sex, country of residence etc.) (THIS DOES NOT INCLUDE YOUR USER PROFILE- please see article 6 of this Privacy Statement);
(c) Electronic identification data (addresses IP, cookies, etc.);
(d) Banking and payment information (credit card information, account number, etc.);
(e) Survey result and usage information;
(f) Products or services ordered and delivered;
(g) List of your contacts;
(h) Traffic data (data processed for the purpose of the conveyance of communications or the billing thereof, including, but not limited to, the duration of the call, the number calling and the number called, etc.).

3. HOW DOES Vphonet USE THIS INFORMATION AND FOR WHAT PURPOSE?

Our primary purpose in collecting information is to provide you with a safe, smooth, efficient, and customized experience. Vphonet collects and processes, or has third party service providers acting on Vphonet's behalf collecting and processing, personal data relating to you, as permitted or necessary to:
• provide communication products, in particular to convey the communications you make by means of the Vphonet software and/or the Vphonet products;
• take, process or deliver orders made via our websites, invoice you or notify you of the status of your order;
• provide other services for you (as described when we collect the information);
• register products that you have purchased with the manufacturer or service provider for warranty or technical support;
• provide you with customer support and troubleshoot problems;
• compare information for accuracy;
• inform you about service updates and faults;
• request feedback or participation in on-line surveys;
• resolve disputes;
• verify your identity;
• customize, measure, and improve Vphonet software, our products and websites content and layout;
• create an eCommerce ecosystem combining the Vphonet group entities' services;
• provide and invoice certain joint services with other Vphonet group entities;
• organize and carry out Vphonet's and/or Vphonet group's marketing or promotional operations/offers, contests, games and similar events; and
• protect your, Vphonet's entities' interests, including in particular to enforce our Terms of Service and fight against fraud, (together, the Purposes).

4. TO WHOM DOES Vphonet TRANSFER YOUR PERSONAL INFORMATION?

Except as provided below, Vphonet shall not sell, rent, trade or otherwise transfer any personal and/or traffic data or communications content to any third party without your explicit permission, unless it is obliged to do so under applicable laws or by order of the competent authorities.

Vphonet may share your information with Vphonet group entities for certain purposes, and in particular insofar as necessary to (1) create an eCommerce ecosystem combining the Vphonet group entities' services; (2) provide and invoice certain joint services; (3) organize marketing or promotional operations, contests, games and similar events; and (4) fight against fraud.

In order to provide you with Vphonet products you have requested, Vphonet may sometimes, if necessary, share your personal and traffic data with carriers, partner service providers and/or agents, for example the PSTN-VoIP gateway provider, distributor of Vphonet software and/or Vphonet products and/or the third party banking organization or other providers of payment services. Vphonet will always require these third parties to take appropriate organizational and technical measures to protect your personal data and traffic data and to observe the relevant legislation.

Please be informed that, notwithstanding the above mentioned, in the event of a designated authority lawfully requesting Vphonet or Vphonet's local partner to retain and provide personal data, communications content and/or traffic data, Vphonet and/or its local partner will provide all reasonable assistance and information to fulfil this request.

Your information may be stored and processed in any country in which Vphonet and the Vphonet group maintain facilities, including outside of the EU. In this regard, or for purposes of sharing or disclosing data in accordance with this article 4, Vphonet reserves the right to transfer information outside of your country. By using Vphonet software, Vphonet's websites or Vphonet products you consent to any such transfer of information outside of your country. As Vphonet continues to develop its business, Vphonet might sell or buy subsidiaries or business units. In such transactions as well as in the event Vphonet or substantially all of its assets are acquired by a third party, personal information of Vphonet users will generally be one of the transferred business assets. We reserve the right to include your personal information, collected as an asset, in any such transfer to a third party.

5. WHAT ARE COOKIES AND HOW DOES Vphonet USE THEM?

Cookies are pieces of information that the Vphonet software may store on your computer's hard drive in order to help web applications to recognize you or your or preferences. Vphonet's cookies may contain identifying information. Cookies enable Vphonet to gain information about the use of its websites. This information may be analyzed by third parties on our behalf.

The Help option on the toolbar of most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Please bear in mind that some personalized services may not be available if you choose to disable cookies.

Third Party Cookies

The adverts appearing on our websites are delivered to you by our web advertising partners. Please be aware that these third parties may use cookies to obtain information about your visits to this site, such as number of times you have viewed an advert (but not your name, address, or other personal information), This information is used to serve adverts to you.

6. INFORMATION OUTSIDE Vphonet'S CONTROL

Your User Profile

Your user profile is the information you decide to make available to the other Vphonet users. It may include your Vphonet user name, full name, address, telephone numbers, gender, date of birth, 'my account' page URL, and any other information that you decide to make available. Vphonet does not store your user profile centrally on a server and does not have any control over it. In the event you choose to make your user profile available, this information is securely and temporarily transmitted to, and stored on computers of other users in the peer-to-peer network, in an encrypted format. You control your user profile and you can access your user profile from the 'File' menu in the Vphonet software in order to view, correct, complete or remove information. Since your profile is not stored centrally or processed by Vphonet, Vphonet does not control it and cannot guarantee that this information will always be available and will not disappear.

Linked Websites

Vphonet websites may contain links that will let you leave Vphonet's website and access another website. Linked websites are not under the control of Vphonet and it is possible that these websites have a different privacy policy. The Privacy Statement applies solely to personal information that is acquired on the websites or through your use of the Vphonet software, Vphonet products and/or your relationship with Vphonet, so Vphonet urges you to be careful when you enter any personal information online. Vphonet accepts no responsibility or liability for these other websites.

7. HOW DOES Vphonet PROTECT YOUR PERSONAL INFORMATION?

Vphonet entities shall take appropriate organizational and technical measures to protect the personal data and traffic data provided to it/them or collected by it/them, and shall not retain it any longer than permitted in order to perform its services or as required under relevant legislation. Your personal and traffic data can only be accessed by authorized employees of Vphonet or the concerned Vphonet group entities that need to have access to this data in order to be able to fulfil their given duties.

Vphonet shall take appropriate technical measures to protect the confidentiality of the communications content via its Vphonet software and other Vphonet products, with due observance of the applicable obligations and exceptions under the relevant legislation.

8. PERSONAL DATA OF FRIENDS

You may be interested in inviting your friends to join Vphonet. In the event you wish to use Vphonet's referral service, you will be directed to a webpage and will have the possibility of adding one or more email addresses in an online form. The information entered in this form, will only be used for the purposes of automatically generating an email message to these potential Vphonet users.

9. CONTACTING YOU

Vphonet may from time to time ask you to provide information on your experiences which will be used to measure and improve quality. You are at no time in any obligation to provide any of such data. Any and all information which is voluntarily submitted in feedback forms on the website or any survey that you accept to take part in is used for the purposes of reviewing this feedback and improving the Vphonet software, Vphonet and Vphonet group entities' products and websites. Vphonet also collects information about your usage of the Vphonet software, the websites and Vphonet and Vphonet group entities' products. Vphonet reserves the right to utilize this information for marketing purposes, for instance by displaying selected comments on the website or in other communications. Vphonet may share anonymous and aggregated information with third parties, for example to serve targeted advertising.

Vphonet may contact you to send you messages about faults and service issues. Further, Vphonet reserves the right to use email or the Vphonet software to notify you of any eventual claims related to your use of Vphonet software, the Vphonet websites and/or Vphonet products, including without limitation claims of violation of third party rights.

Vphonet may also use email or the Vphonet software to keep you up to date with news about the Vphonet software and Vphonet products that you have purchased and/or to inform you about other Vphonet or Vphonet group entities' products unless you have opted out of receiving this information. If you do not want to be kept informed in this way, please contact Vphonet at support@Vphonet.com.

10. CAN THIS PRIVACY STATEMENT BE MODIFIED?

Vphonet reserves the right to modify the provisions of this Privacy Statement if deemed necessary. We will inform you of these changes by publishing the revised Privacy Statement at Vphonet.com/go/privacy. The revised Privacy Statement shall become effective within thirty (30) days of such publishing, unless you expressly accept the revised statement earlier by clicking on the accept button. You agree that the express acceptance by you, or your continued use of the Vphonet software or Vphonet products after the notice period of thirty (30) days, shall constitute your acceptance of the Privacy Statement.

11. WHAT RIGHTS DO YOU HAVE AND HOW CAN YOU CONTACT Vphonet?

You have the right to access and, where relevant, to rectify your personal data, provided that your identity can be verified.

If you would like to exercise your right to view, correct, complete or remove your personal data, please contact Vphonet at support@Vphonet.com. Within a reasonable period of time and upon verification of your identity and to the extent your request is legitimate, Vphonet will fulfill your request, provided Vphonet will not act contrary to applicable legislation by fulfilling your request.

You may also oppose to the processing by Vphonet and/or the Vphonet group of your personal data. However, in this case, Vphonet and other Vphonet group entities will not be in a position to provide the Vphonet products and/or the Vphonet software and/or certain services offered by other Vphonet group entities.

You can exercise your right to oppose to the processing detailed in the Privacy Statement by contacting Vphonet at support@Vphonet.com.

12. HOW LONG IS YOUR PERSONAL DATA KEPT BY Vphonet?

Vphonet and, where relevant, the Vphonet group entities will retain your information for as long as is necessary to: (1) fulfil any of the Purposes (as defined in article 3 of this Privacy Statement) or (2) comply with applicable legislation, regulatory requests and relevant orders from competent courts.

13. REFUND POLICY

The refund policy refers to services purchased from the vphonet.com website. Accessories sold by third parties to enhance your computer for VoIP such as headsets and speakerphones are covered by the terms and conditions of the relevant site or service. This includes third party sites linked from the Vphonet.com web site.

In general, virtual goods, such as 'Calling Out', 'SMS', 'Voice mail' services are all non-refundable. To ensure you are satisfied with any product you purchase from our service, you should extensively test Vphonet free services first. However, to allow you to test the 'Call Out' service, we will refund your purchase if you have used less than $0.20 USD of your purchased credits, up to (5) days from the date your credits are assigned to your account.

When 5 days have elapse, or you have used more than $0.20 USD of your credit, we will not refund the purchased services. Requests for refunds should be made from the support site, where you can submit a message to request a refund. Processing refunds on 'Call Out' credit can take up to 30 business days. You will receive an email notification when your credit is successfully processed. 'Call Out', 'SMS', 'Voice mail' service and all other services expires 12 months after purchase. However, the service purchase fee is non-refundable.

We do not make refunds on individual calls, where you might experience issues. All services are non-refundable.

Vphonet; Last revised: August 2, 2007