Privacy Policy

netTALK.COM, INC. ("netTALK") is committed to your privacy. We obey all laws and regulations in the United States applicable to our use and disclosure of your information. Except as set forth in this Privacy Policy, we will not trade, sell, or disclose to any third party any form of PII (as defined below) without your consent and we will not disclose or make available any PII to any third parties seeking to market third party products without your consent. We have set forth this Privacy Policy to explain to you how we collect and use information from our customers who use services and products from netTALK ("Customers") and from visitors to our Web sites and from potential customers who have communicated, made contact, or interacted with netTALK ("Visitors"), both in connection with online and offline services and products offered by netTALK.

Collection of Information

netTALK shall collect personally identifiable information, including but not limited to name, physical address, email address, telephone number, credit card information, and other personal information (collectively, "PII"), from Customers when initiating service and in connection with the provision or marketing of products and services. netTALK may collect PII from Visitors in connection with any visit to our Web sites, any communication about our services and products, or other transactions or interactions with netTALK. netTALK may also collect non-personally identifiable information from Customers and Visitors regarding usage of our services or our Web site ("Non-PII"). Non-PII may include Web site pages viewed, time spent using certain services, demographic data, cookies, and other information which does not specifically identify any one individual. "Cookies" are pieces of information that may be placed on your computer by a Web site for the purpose of facilitating and enhancing your communication and interaction with that Web site. Many Web sites use cookies for these purposes. We may use cookies to customize your visit to our Web sites and for other purposes to make your visit more convenient or to enable us to enhance our service. In addition to our cookies, we may also use (and our third party advertisers may use) clear gifs, Web beacons, and third party cookies to improve the performance of our Web sites, provide certain features such as advertising, or to anonymously track usage of our Web sites and track the online activity of users. In addition, we may use such devices in our HTML-based emails to track the usage of such emails in much the same manner as usage of our Web sites is tracked.You may stop or restrict the placement of cookies on your computer, including third party cookies, or flush them from your browser by adjusting your Web browser preferences, in which case you may still use our Web site, but it may interfere with some of its functionality.

Anti-Spyware Policy

netTALK believes that Spyware is a threat to consumer privacy and a consumer’s experience online. Therefore, we forbid any netTALK employee, agent, partner, affiliate, or contractor from intentionally deploying or using Spyware (as defined in this policy) on behalf of netTALK. Spyware refers to any executable software application that is installed on a user’s personal computer and covertly gathers and transmits PII through the user’s Internet connection without the knowledge or consent of the user. Cookies and Web beacons are not considered Spyware. Spyware may gather PII, such as e-mail addresses and credit card information, and may even alter personal computer settings. Intentional use of Spyware by any netTALK employee, agent, partner, or affiliate on netTALK’s behalf will not be tolerated and will be considered grounds for dismissal, contract termination, and/or loss of payment.

Use of Information

netTALK will use PII (1) to market products and services to Customers and Visitors that netTALK believes may be of interest to them, (2) to provide services and products requested by Customers and Visitors and (3) to enable its vendors and contractors to provide and assist netTALK in the marketing and provision of such services and products to netTALK, Customers, or Visitors. However, we will not share your credit card information with any third parties unless they are involved in processing payments for services that you have purchased from netTALK. netTALK only works with partners whom we believe maintain high standards with respect to privacy and consumer rights. netTALK may also use and disclose PII to investigate and help prevent potentially unlawful activity or activities that threaten the integrity of our service or network, to investigate fraud or violations of our Terms of Service, as required by courts or administrative agencies or in connection with a sale, merger, or reorganization of netTALK’s business. Non-PII may be shared with any number of third parties by netTALK.

CPNI

In the course of providing services to you, we collect and maintain certain customer proprietary network information ("CPNI"). CPNI includes the types of services you currently purchase, related usage and billing information for those services. Your telephone number, name, and address are not CPNI. We value our relationships with our customers and are committed to respecting and protecting your CPNI. Accordingly, we do not sell, trade, or share your CPNI, including your calling records outside of netTALK’s family of companies or with anyone not authorized to offer our products or services, or to perform functions on our behalf except as authorized by you or required by law. Generally, we can use your CPNI to offer additional services to you, and for billing and collections purposes. We can also disclose your CPNI for legal or regulatory reasons, including in response to subpoenas and court orders. We can also use CPNI to investigate fraud and to prevent violation of our Terms of Service and unlawful use of our network, services, and other customers.

Security

netTALK has invested and deployed a wide variety of technology and security features to make reasonable efforts to ensure the privacy of information on its network. In addition, netTALK has implemented operations guidelines to ensure Customer and Visitor privacy is safeguarded at every level of its organization. netTALK will continue to revise policies and implement additional security features as new technologies becomes available. However, no system or service can give a 100% guaranty of security, especially a service that relies upon the public Internet. Therefore, you acknowledge the risk that third parties may gain unauthorized access to your information when using our services.

Communications

netTALK will not read, listen to or disclose to any third parties private e-mail, conversations, or other communications that are transmitted using netTALK services except as required to ensure proper operation of services or as otherwise authorized by law.

You should be aware that any PII which you voluntarily include and transmit through publicly accessible forums (i.e., such as chat rooms, blogs, instant messages, listservs) may be viewed and used by anyone with access to such forums. netTALK is unable to control such uses of your PII, and by using such services, you assume the risk that the PII provided by you may be viewed and used by third parties.

Account Information

Subject to certain security requirements, netTALK will do its best to honor requests from Customers for account information, for example, name, address, company, or billing information. The Customer is responsible for ensuring that the information on file with netTALK is current and accurate.

Children’s Privacy Policy

netTALK does not sell products or services for purchase by children. netTALK does not knowingly solicit or collect PII from children or teenagers under the age of eighteen. If you believe that a minor has disclosed PII to netTALK, report this to us.

netTALK Spam Policy

netTALK has zero tolerance for spam. Spam complaints will be dealt with seriously and can result in losing netTALK privileges such as loss of referral credits and even loss of a customer’s account. If you receive spam and want to report it to netTALK, please forward the email you have received to webmaster@nettalk.com.

Third Party Web Sites and Services

Our service may contain links to other Web sites and services not maintained by netTALK. In addition, other Web sites and services may also reference or link to netTALK. We encourage you to be aware when you leave our service, or surf the Internet, and to read the privacy statements of each and every Web site and service that you visit. We do not endorse, screen, or approve, and are not responsible for the privacy practices or the content of, such other Web sites and services. netTALK does not assume any liability for third parties that have been provided with information as permitted by this Privacy Policy or who have collected information as permitted by this Privacy Policy (such as advertisers using third party cookies).

Opt-out Policy

If you do not want your PII used by netTALK for any direct marketing purposes, then you may opt-out of such disclosures by calling us at 1-305-621-1200.

However, we are not responsible for removing your PII from the lists of any third party who has previously been provided your information in accordance with this policy. Since netTALK must use a Customer’s PII in order to provide them with netTALK services, Customers cannot opt-out of all uses of their PII unless they cancel their service.

Changes to policy

We reserve the right, at our discretion, to change, modify, add, or remove portions from this policy at any time by posting such changes here. You should review this policy regularly for changes, and can easily see if changes have been made by checking the Effective Date below. However, if at any time in the future we plan to use PII in a way that differs from this policy, we will post such changes here and provide you the opportunity to opt-out of such differing uses. Your continued use following the posting of any changes to this policy means you accept such changes.

Terms of Service

For Customers, this Privacy Policy is subject to the netTALK Terms of Service or other agreements between you and netTALK. If you are a Customer, please refer to the Terms of Service or such other agreements regarding certain rights and limitations with respect to your use of netTALK’s services.

United States of America

Our service is maintained in the United States of America. By using our services, you authorize the export of PII to the USA and its storage and use as specified in this policy.

Effective 7.6.2010