Nefsis® Privacy Policy

(Last Updated: August 1, 2008)

The practices of Nefsis Corporation, a California corporation, and WiredRed Corporation, a California corporation (together, “Nefsis,” “we,” or “us”), in dealing with users of the Site, the Software and the Services of Nefsis are governed by this Privacy Policy (“Privacy Policy”), as amended from time to time, which can be found in its most current version at www.nefsis.com.

Nefsis is committed to protecting the privacy of each person who utilizes the Site, the Software and the Services (each, a “user” or “you” and, collectively, “users” or “you”). Any information collected or maintained by Nefsis that identifies or can be used to identify you (collectively, “Personally Identifiable Information”) will automatically be subject to this Privacy Policy.

This Privacy Policy is a part of, and is incorporated into, the Nefsis Terms of Service between you and Nefsis. This Privacy Policy and the Terms of Service (together, the “Agreement”) comprise the entire agreement and understanding between you and Nefsis with respect to your access to and use of the Site, the Software and the Services.

All capitalized terms used in this Privacy Policy and not defined herein have the meanings given to such terms in the Terms of Service. Please refer to the Terms of Service when reading this Privacy Policy.

This Privacy Policy only applies to data collected by Nefsis in connection with your use of the Site, the Software and the Services. This Privacy Policy does not apply to any data collected by WiredRed Corporation from you in the context of other separately operated or provided WiredRed Corporation products or services.

PLEASE REVIEW THIS PRIVACY POLICY REGULARLY. If you have objections to this Privacy Policy, you should immediately discontinue any and all use of the Site, the Software and the Services. To the extent that any terms or conditions of this Privacy Policy conflict with the Terms of Service, then the Terms of Service as currently in effect between you and Nefsis shall govern, except as to the extent (if any) otherwise expressly set forth in either this Privacy Policy or the Terms of Service.

The Site, the Software and the Services are generally intended for adult audiences. Nefsis does not knowingly collect, disclose or use any Personally Identifiable Information of individuals under 13 years of age for marketing, solicitation or any other purposes, other than for lawful purposes related to the operation and maintenance of the Site, the Software and the Services.

Collection of Your Personally Identifiable Information

Following is a summary of the ways in which we collect and use Personally Identifiable Information. Please see the Terms of Service for more complete information in this regard.

As a visitor to the Site, you may browse the publicly-accessible areas of the Site and engage in certain activities without providing any Personally Identifiable Information to Nefsis. When providing the Site, the Software and the Services to you, including downloads and related support services, Nefsis will collect certain Personally Identifiable Information about you. It is optional for you to engage in these activities. If you elect to engage in these activities, however, you will be deemed to have consented to our collection and use of your Personally Identifiable Information in accordance with this Privacy Policy and the Terms of Service.

The Personally Identifiable Information that you may be asked to provide may include, without limitation, your first and last name, mailing address (including ZIP code), country of residence, e-mail address, telephone and facsimile numbers and, if applicable, your employer’s name and address and your job title. When ordering Services via the Site, you will also be asked to provide a credit card number. The credit card details that you provide when ordering the Services constitute Personally Identifiable Information that is covered by this Privacy Policy.

Access to the Software and the Services may be obtained only from Nefsis. Use of the Software and the Services requires you to complete a mandatory registration. Registration requires a user name (which does not have to be your real name), a password, a valid e-mail address, a contact name (which may, but need not be, the same as your user name or your real name) and, if applicable, a company name and job title. You may keep your e-mail address hidden from other users by selecting that option within your user profile.

We may also collect certain information about your access to and use of the Site, the Software and the Services, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet, the dates and times that you access the Site, the Software and the Services, the pages that you view while at the Site, and the Internet address of the website from which you linked to the Site. Information regarding your computer system configuration and operating system is also gathered. This information is used by us to help analyze trends and to improve and administer the Services.

Please be aware that, when you provide Personally Identifiable Information in a posting on any electronic forum, including any Conference or the Nefsis Contact Interface, that information is available to anyone else using or participating in that forum. For this reason, we strongly discourage you from offering any Personally Identifiable Information within a posting to any forum, including any Conference, unless you wish to disclose such Personally Identifiable Information to all users of the forum, including all participants in the Conference and third parties with whom those users or participants in the Conference may share your Personally Identifiable Information at the time of the Conference or later on.

Your online transaction with Nefsis will be conducted through a secured transport utilizing HTTPS and SSL encryption, with secure certificate services provided by a major third party security certificate provider such as VeriSign. NEFSIS SHALL BEAR NO LIABILITY TO YOU OR ANY OTHER PARTY ARISING FROM OR RELATED TO THE DISCLOSURE OF INFORMATION, INCLUDING WITHOUT LIMITATION PERSONAL INFORMATION, THAT YOU PROVIDE TO NEFSIS IN A NON-SECURE MANNER, SUCH AS BY E-MAIL OR FAX, OR OTHER NON-SECURE METHODS.

As part of the Services, we collect and log information generated from the consoles of Conference participants, including without limitation information regarding which Conference participants viewed slides during the presentation, questions and answers that are delivered to Conference presenters and participants, slide transitions, notes or annotations made by you and any other Conference participants, application sharing, posting of comments, or requests for prints or downloads of presentations. This information may be viewed by other Conference participants. We collect detailed polling results identified at the user level, including without limitation how each individual user voted. This information is shared with the party who is hosting or sponsoring the Conference.

The Services may collect and record real time communication “chat” between users. As part of the Services, any user may initiate the recording function which will result in all of the conversations and communications of each user being recorded and logged.

The Services incorporate Error Logging and Reporting (“ELR”) that captures error report data and, at your option, sends this data to Nefsis via the Internet. Error report data is used to assess and correct errors or problems that may occur during use of the Site, the Software and the Services. ELR error reporting is automatically triggered when the Service detects a software error. You will be asked for your consent before ELR error reports are sent to Nefsis. ELR error reports collect information about what the Software was doing when it experienced the problem and about your machine’s configuration. It is possible that ELR error reporting may collect Personally Identifiable Information, business information or other information as part of the error report. For example, a snapshot of memory may include your name, portions of documents that you were viewing or sharing during the Conference in which the error occurred, portions of any presentation that you were viewing or sharing during the Conference in which the error occurred, or application or desktop data that you were viewing or sharing during the Conference.

If you are concerned that the ELR error report may contain Personally Identifiable Information or other information that you do not want to disclose, please do not send us the ELR error report.

Use of Personally Identifiable Information

Your Personally Identifiable Information collected on the Site will be used to provide the Site, the Software and the Services to you. In support of these uses, Nefsis may use your Personally Identifiable Information to provide you with more effective customer service, to improve the Site, the Software and the Services, and to make the Site easier to use by eliminating the need for you to repeatedly enter the same information or by customizing the Site to your particular preference or interests, among other uses.

Registration information collected is used by Nefsis to support and improve the Software evaluation process. You may be asked to supply additional, optional information. You may abandon registration at any time before completing the registration process. With regard to Personally Identifiable Information that is collected during the registration process from our users, and except in the context of Trial Use or Beta Use as set forth in the Terms of Service, we present the option not to receive communications from Nefsis regarding the Services. If you are not engaged in Trial Use or Beta Use and you do not wish to receive such communications, you may opt-out or unsubscribe. We present the OPT IN / OPT OUT option to all users, except those engaged in Trial Use or Beta Use, and except with respect to system or service notifications. Each communication that you receive from Nefsis will provide you with a method of opting out or unsubscribing.

PLEASE SEE THE TERMS OF SERVICE FOR CERTAIN CONDITIONS AND EXCEPTIONS THAT APPLY IF YOU ARE A TRIAL USER OR A BETA USER, INCLUDING THE WAYS IN WHICH WE CAN USE YOUR PERSONAL INFORMATION DURING YOUR TRIAL USE OR BETA USE.

Nefsis and its Affiliates may disclose Personally Identifiable Information if required to do so by law, or if Nefsis or any Affiliate believes in good faith that such action is necessary:

Control of Your Personally Identifiable Information

Except as otherwise described in this Privacy Policy, Personally Identifiable Information that you provide to Nefsis will not be shared outside of Nefsis and its Affiliates without your permission. Neither Nefsis nor its Affiliates will sell your Personally Identifiable Information or otherwise make it available to third parties, except as permitted by you through an opt-in permission request.

However, in the event that Nefsis (or any Affiliate that is not an individual) sells its assets to another entity, or Nefsis (or any Affiliate that is not an individual) is acquired by or merged with another entity, you agree that Nefsis or such Affiliate may provide your Personally Identifiable Information to the purchaser and its representatives in connection with the sale without obtaining your consent. Nefsis will post a notice of any such asset sales, acquisitions, or mergers on the Site, if and when consummated.

Updating Your Personally Identifiable Information

If your Personally Identifiable Information changes, we will provide a way to correct or update your personal data on the Site. It is your responsibility and obligation to keep all of your Personally Identifiable Information on file with Nefsis current.

Security of Your Personally Identifiable Information

Nefsis is committed to protecting the security of your Personally Identifiable Information. We use a variety of security technologies and procedures to help protect your Personally Identifiable Information from unauthorized access, use or disclosure. For example, we store the Personally Identifiable Information you provide to us on computer servers with limited access. When we transmit sensitive Personally Identifiable Information (such as a credit card number) over the Internet, we transmit it through the use of encryption, such as the Secure Socket Layer (SSL) protocol.

The Personally Identifiable Information that you provide to Nefsis in connection with registering as a user of the Site or the Services (such as your name and e-mail address) is protected in several ways. For example, your access to your registration information is available through a password and a unique customer ID which is a valid e-mail address provided by you. This password is encrypted. We recommend that you do not divulge your password to anyone. In addition, your registration information resides on secure servers that only selected Nefsis personnel have access to. Nefsis encrypts your Personally Identifiable Information and strives to prevent unauthorized parties from viewing such information when it is transmitted to Nefsis.

Personally Identifiable Information that you provide to Nefsis that does not constitute registration information (such as your Internet service provider’s address and the type of computer that you are using) also resides on servers that are accessible only to selected Nefsis personnel and contractors via password. Since this Personally Identifiable Information is not accessible online by you, you will not be asked to select a password in order to view or modify such Personally Identifiable Information.

Any information (including without limitation Personally Identifiable Information) that you post to a public bulletin board, blog, chat room or Conference is available to all persons accessing that location. The information you share in such venues (including without limitation Personally Identifiable Information) is also available to all persons accessing such venues, and such information may be read, collected or used by others for any purpose, including sending you unsolicited messages. Nefsis is not responsible for any information that you elect to submit in these venues or for any use of such information by any party.

We do not disclose your private, online communications with Nefsis to any third parties. However, your Content is available to those whom you authorize to see your Content as well as all other parties with whom your Content may be shared, including any other participant in your Conference. Additionally, any participant in a Conference may record and retransmit your Content. In the event that you elect not to use any of the Service’s security access controls, the Content that you share in conjunction with your access to or use of the Site, the Software and the Services is available to those in the general public who are aware of the URL address for your Conference. Such Content may include, without limitation, data, packets, information, communication or other material that is transmitted, copied, uploaded or otherwise made available through the Services using your log-in ID and password.

Use of Cookies and Similar Tools

In order to improve our Site, we may use “cookies” or other tools to track your visit. A cookie is small amount of data that is transferred to your browser by a web server and can only be read by the server that gave the cookie to you. Most browsers are initially set to accept cookies. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it. For some web pages that require an authorization, cookies are not optional. Users choosing not to accept cookies may not be able to access those pages. If you choose to decline cookies, you may not be able to use interactive features of the Site or other websites that depend on cookies.

One of the primary purposes of cookies is to provide a convenience feature to save you time. For example, if you personalize a web page, or navigate within a website, a cookie helps the website recall your specific information on subsequent visits. This simplifies the process of delivering relevant content to you and eases website navigation. When you return to the same website, the information you previously provided can be retrieved, so you can easily use the website’s features that you customized.

Some of these cookies may be placed by third party service providers to help determine the effectiveness of our advertising campaigns or e-mail communications. Doing this allows the service provider to recognize your computer each time you visit certain pages or websites and to compile certain anonymous information in relation to those page views and report aggregate page view and advertising statistics.

In addition to cookies, the Site automatically logs the IP/Internet address of your computer, your browser version, referring URLs and general web visitor information used by our web traffic reporting tools. This information may be linked to your registration information, and your navigation around the Site may be tracked. We use this information to understand how the Site is being used so that we can improve the Site and offer appropriate products and services to our customers.

For example, the Site may contain electronic images known as web beacons (an object that is embedded in a web page or e-mail and is usually invisible to the user but allows confirmation that a user has viewed the page or e-mail, also called web bugs or single-pixel gifs), other coded image files, or private entry pages (pages with no other links from the Site) that allow Nefsis to count users who have visited those pages. Nefsis may include these types of counting devices in its web pages, e-mails and other electronic materials in order to count traffic or determine readership statistics.

Nefsis does not engage in keylogging (a method of capturing and recording a user’s keystrokes) or use spyware (software that is installed surreptitiously on a computer to intercept or take partial control over the user’s interaction with the computer, without the user’s informed consent) or malware (software designed to infiltrate or damage a computer system without the owner’s informed consent). You are prohibited from engaging in any of the foregoing or any similar practice that could be harmful to Nefsis, its Affiliates, the Site, the Services, the Software or any other user or third party.

Links to Other Web Sites

The Site may contain links to third party websites. This Privacy Policy applies solely to the Site and to the information collected by the Services. You acknowledge and agree that Nefsis is not responsible for the privacy practices or the content of third party websites, for your use of any third party websites, or for any intended or unintended consequences of such use.

We encourage you to be aware when you are leaving the Site and to read the privacy statements of each and every other website that you visit before providing any Personally Identifiable Information.

Changes to the Privacy Policy

We may update this Privacy Policy from time to time. When we do, we will revise the “Last Updated” date at the top of the Privacy Policy. We encourage you to periodically review this Privacy Policy to stay informed about how we are helping to protect the Personally Identifiable Information we collect.

Your continued use of the Services constitutes your agreement to this Privacy Policy and any updates. You will be deemed to have been made aware of, and will be subject to, any changes to the Privacy Policy immediately upon the posting of notice of such changes on the Site.

If you provide Nefsis with inconsistent privacy preferences (for example, by indicating on one occasion that third parties may contact you with marketing offers and indicating on another occasion that they may not), Nefsis will endeavor to update your privacy preferences in a timely and accurate manner.

Nefsis Contact Information

If you have questions regarding this Privacy Policy, or if you believe this Privacy Policy has not been complied with, please contact Nefsis by e-mail at [email protected]. Please include the word “privacy” in the subject. You may also contact us through postal mail at the address found in the “Contact Us” section on the Site.

In your correspondence (whether sent by e-mail or postal mail), please ask your question in detail or describe in detail the ways in which you believe that the Privacy Policy has not been complied with. We will investigate your question or concern and will use commercially reasonable efforts to promptly provide an answer or otherwise to determine and remedy the problem. We will reply to you by the same method (either e-mail or postal mail) by which you contacted us.