PRIVACY POLICY

Send2Fax is dedicated to establishing a trusting relationship with its users, based on respect for personal identity and information, by promoting the use of fair information practices. This privacy statement covers all Web properties owned and maintained by Send2Fax, including but not limited to http://www.send2fax.com. Because Send2Fax wants to demonstrate its commitment to our users' privacy, we are disclosing:

1. What personally identifiable information Send2Fax collects.
2. How Send2Fax uses the information.
3. With whom Send2Fax may share user information.
4. What choices are available to users regarding collection, use and distribution of the information.
5. What types of security procedures are in place to protect the loss, misuse or alteration of information under Send2Fax control.
6. How users can correct any inaccuracies in the information.

INFORMATION COLLECTION AND USE

Information Collection
Send2Fax is the sole owner of the information collected on its web properties, including http://www.send2fax.com. Send2Fax collects information from its users at several different points on our Web sites.

Registration
In order to use Send2Fax services at any level, a user must first complete the registration form. During registration, a user is required to give contact information (such as name and email address), and a unique identifier. We use this information to contact the user about services on our Web site for which the user has expressed interest.

Order
When a user purchases our services, we request information from the user on our order form. A user must provide contact information (such as name, email, and billing address) and financial information (such as credit card number, expiration date). This information is used for billing purposes and to fulfill customer's orders. If we have trouble processing an order, the information is used to contact the user.

Information Use
Send2Fax acts as a passive conduit for the distribution and receipt of its user's fax communications and therefore will not monitor, edit, or disclose the contents of a user's private communications unless Send2Fax in good faith believes that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on Send2Fax; (2) protect and defend the rights or property of Send2Fax; or (3) act under exigent circumstances to protect the personal safety of its users or the public. Users should also be aware (and hereby agree) that certain technical processing of and access to faxes and their content may be required to: (a) route the messages; (b) conform to connecting networks' technical requirements; (c) prevent or minimize disruptions to Send2Fax's services; or (d) conform to other similar requirements.

Profile
We store information that we collect through cookies, log files and third parties to create a profile of our users. A profile is stored information that we keep on individual users which details their viewing preferences. Consequently, collected information is tied to the user's personally identifiable information to provide offers and improve the content of the site for the user. This profile is used to tailor a user's visit to our Web sites and to direct pertinent marketing promotions to them. We do not share personally identifiable elements of your profile with other third parties. Your profile is shared in aggregate form only.

Cookies
A cookie is a piece of data stored on the user's computer tied to information about the user. Usage of a cookie is in no way linked to any personally identifiable information while on our site. We use both session ID cookies and persistent cookies. For the session ID cookie, once users close the browser, the cookie simply terminates. A persistent cookie is a small text file stored on the user's hard drive for an extended period of time. Persistent cookies can be removed by following Internet browser help file directions.
By setting a cookie on our site, users would not have to log in a password more than once, thereby saving time while on our site. If users reject the cookie, they may still use our site. The only drawback to this is that the user will be limited in some areas of our site. Persistent cookies enable us to track and target the interests of our users to enhance the experience on our site. See the "Profile" section, above.

Log Files
Like most Web sites, our servers use log files to analyze trends, administer the site, track user's movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information.

Clear GIFs
Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. The main difference between the two is that clear GIFs are invisible on the page and are much smaller, about the size of the period at the end of this sentence. Clear GIFs are not tied to users' personally identifiable information.

We also use clear GIFs in our HTML-based emails to let us know which emails have been opened by the recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns. If users would like to opt-out of these emails, please see the Opt-out section.


COMMUNICATIONS FROM THE SITE

Special Offers and Updates
We send all new customers a welcoming email to verify telephone number and PIN. Established users will occasionally receive emails containing information about us, updates on new service features, service usage tips, information about third party services that are likely to be of interest to our members, and member satisfaction questions. Paying Send2Fax users may opt-out of such notices.  Please see the Choice and Opt-out sections.

Service Announcements
On rare occasions it is necessary to send out a strictly service related announcement. For instance, if our service is temporarily suspended for maintenance we might send users an email. Generally, users may not opt-out of these communications, though they can deactivate their account. However, these communications are not promotional in nature.

Customer Service
We communicate with users on a regular basis to provide requested services and regarding issues relating to their accounts. We reply via email or phone, in accordance with the users wishes.

Spam and Junk Faxes
Send2Fax has a zero tolerance policy for abuse. While we cannot be responsible for external communications received through Send2Fax services, it is our intention to use all legally available means to prevent distribution and receipt of unsolicited commercial faxes ("junk faxes") through the service, and we specifically restrict members from taking any actions which impose an unreasonable or disproportionately large load on Send2Fax resources. We ask that any users who are annoyed by receipt of such junk faxes, please report such activity to Customer Support.


SHARING

Legal Disclaimer
Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order, legal process served on our Web sites, or in order to investigate, prevent, or take action regarding illegal activity.

Third Party Intermediaries
We use an outside credit card processing company to bill users for goods and services. These companies do not retain, share, store, or use personally identifiable information for any secondary purposes.

Business Transitions
In the event Send2Fax goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets, users' personal information will, in most instances, be part of the assets transferred. Users will be notified prior to a change of ownership or control of their personal information. If as a result of the business transition, the users' personally identifiable information will be used in a manner different from that stated at the time of collection they will be given a choice not to have their information used in this different manner, as described in the notification of changes section, below.

Choice/Opt-out
Users are given the opportunity to 'opt-out' from having their information used for purposes not directly related to our sites at the point where we ask for information. 

Send2Fax also sends its user base information on special promotions and partner services that we think might be relevant to the user. Users of a Send2Fax free service are automatically opted-in to receive this information. These materials are monitored by Send2Fax for content and regularity to respect the wishes of our free users. Send2Fax free users may opt-out of receiving these promotional materials by either upgrading to a paid service or by canceling their accounts.

Paying Send2Fax users who do not wish to receive our promotional communications may opt-out from receiving these communications by clicking the opt-out link included at the bottom of every promotional message.

Users of our sites are always notified when their information is being collected by any outside parties. We do this so our users can make an informed choice as to whether or not they should proceed with services that require an outside party.

Links
Send2Fax's Web sites contain links to other sites. Please be aware that Send2Fax is not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our sites and to read the privacy statements of each and every Web site that collects personally identifiable information. This privacy statement applies solely to information collected by Send2Fax's Web sites. Send2Fax has advertising and affiliate relationships with dozens of third party sites which drive interested parties to our sites. Information that is collected on these sites does not fall within the auspices of this policy. Send2Fax has Co-Brand relationships with some websites. A site is a Co-Brand of Send2Fax if it offers Send2Fax technology or services to its users under a different brand. The Co-Branded sites will have their own privacy policies specific to each site, and the user should read them carefully before registration.

Surveys
Periodically, our site requests information from users via surveys. Participation in these surveys is completely voluntary and the user therefore has a choice whether or not to disclose this information. The requested information typically includes contact information (such as name and address), and demographic information (such as zip code). Survey information will be used for purposes of monitoring or improving the use and satisfaction of Send2Fax's services. Users' personally identifiable information is not shared with third parties unless we give prior notice and a choice to opt-out. Though we may use an intermediary to conduct these surveys, they may not use customers' personally identifiable information for any secondary purposes.

Tell-A-Friend
If a user elects to use our referral service for informing a friend about our services, we ask them for the friend's name and email address. Send2Fax will automatically send the friend a one-time email inviting them to visit Send2Fax's Web sites. Send2Fax stores this information for the sole purpose of sending this one-time email and tracking the success of our referral program.

Security
Send2Fax takes every precaution to protect its user's information. When users submit sensitive information via Send2Fax's Web sites, their information is protected both online and off-line.

When our registration/order forms ask users to enter sensitive information (such as credit card number), that information is encrypted and is protected with the best encryption software in the industry, SSL. While on a secure page, such as our paid order form, the lock icon on the bottom of Web browsers such as Netscape Navigator and Microsoft Internet Explorer becomes locked, as opposed to un-locked, or open, when users are just 'surfing'.

While we use SSL encryption to protect sensitive information online, we also employ security measures to protect user-information off-line. All of our users' information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (for example, our billing clerks or a customer service representative) are granted access to personally identifiable information. Finally, the servers that store personally identifiable information are in a secure environment.

Supplementation of Information
In order for Send2Fax to properly fulfill its obligations to users it is necessary for us to supplement the information we receive with information from 3rd party sources. Send2Fax verifies the billing address on all credit card transactions and may obtain credit reports for some corporate customers. The information obtained from these third party sources is maintained in a manner consistent with Send2Fax's Privacy Policy.

Correction/Updating/Deleting/Deactivating Personal Information
If a user's personally identifiable information changes (such as zip code, phone, email or postal address), or if a user no longer desires our service, we provide a way to correct, update or delete/deactivate users' personally identifiable information. This can usually be done at the profile page of the Send2Fax service patronized by the user.

Notification of Changes
If we decide to change our privacy policy, we will post those changes in this privacy statement, and other places we deem appropriate, so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We will use information in accordance with the privacy policy under which the information was collected.

If, however, we are going to use users' personally identifiable information in a manner different from that stated at the time of collection we will notify users via email. Users will have a choice as to whether or not we use their information in this different manner. However, if users have opted out of all communication with the site, or deleted/deactivated their account, then they will not be contacted, nor will their personal information be used in this new manner. In addition, if we make any material changes in our privacy practices that do not affect user information already stored in our database, we will post a prominent notice on our Web site notifying users of the change. In some cases where we post a notice we will also email users, who have opted to receive communications from us, notifying them of the changes in our privacy practices.

SAFE HARBOR

Send2Fax through its parent company, j2 Global Communications, is a participant in the Safe Harbor program developed by the U.S. Department of Commerce and the European Union. We have certified that we adhere to the Safe Harbor Privacy Principles agreed upon by the U.S. and the E.U. For more information about the Safe Harbor and to view our certification, visit the U.S. Department of Commerce's Safe Harbor web site. In the event that any dispute arising out of or related to this policy is not settled by the parties, the parties will attempt in good faith to resolve such dispute by non-binding mediation in accordance with the American Arbitration Association Commercial Mediation Rules. No litigation for the resolution of such dispute may be commenced until the parties try in good faith to settle the dispute by such mediation in accordance with such rules and either party has concluded in good faith that amicable resolution through continued mediation of the matter does not appear likely. The parties to the mediation shall share the costs of mediation equally. Any settlement reached by mediation shall be recorded in writing, signed by the parties, and shall be binding on them.

CIVIL SUBPOENA POLICY

Send2Fax does not release personally identifying information about our customers except in limited instances related to law, security, or safety. To request customer information from Send2Fax in a civil case, you must serve Send2Fax with a valid subpoena, court order, or search warrant and agree to Send2Fax's terms of compensation below.

All civil subpoenas should be directed to:

Send2Fax, Inc.
Subpoena Department
6922 Hollywood Boulevard
5th Floor
Los Angeles, CA 90028
Fax: 1-310-943-2400

Upon receipt of a valid subpoena, it is Send2Fax's policy to notify the subscriber whose information is sought. In non-emergency circumstances, Send2Fax will generally not produce the subpoenaed subscriber's identity information until approximately two weeks after receipt of the subpoena, unless a formal objection is filed by the customer or we are legally required to do so.

Send2Fax charges $90.00 per hour for research (plus additional fees if testimony or deposition is required), $0.25 per page, and $22.00 to respond via Federal Express. We will invoice the person or entity submitting the subpoena following receipt and the subpoena proponent must make payment within 15 days from the date of receipt of our invoice. Checks should be made out to Send2Fax Communications, Inc.

It is Send2Fax's policy to release information sufficient to identify our customer only where the party seeking the information has filed a legal action that implicates our customer in some legally cognizable impropriety or wrongdoing or can show that the information requested is material to the issues involved in the underlying case. Send2Fax requests a copy of the complaint and all supporting documentation to indicate how the customer's account information is related to the pending litigation. Note that Send2Fax reserves the right to determine in its sole discretion the applicability of this policy to any particular request and, further, this policy does not create any enforceable legal rights, either for our customers or for requesting parties.