TelEvolution gathers important information from our PhoneGnome users. We publish this Privacy Policy to communicate how we gather and use information about you, how we protect it, and how you can participate in its protection.

TelEvolution provides its service to you subject to the TelEvolution User Terms of Service (the "Terms of Services") and this Privacy Policy, which shall be deemed part of the Terms of Service. As a PhoneGnome user, you may also visit our website from time to time. As a result, we have also developed a Privacy Policy for our website visitors, which you should review and applies to your visits to our website. Our Web Site Visitor Privacy Policy can be accessed at http://www.phonegnome.com/wsvisitorprivacypolicy.html.

We reserve the right to change this Privacy Policy. If we change it, we will provide notification of the change at least thirty (30) business days before the change takes effect and include directions for how you can respond to the change.

Collected Information

We do not require people who wish to use the PhoneGnome product or basic aspects of our service or related applications (the "Basic Services") to provide us with contact information. When a PhoneGnome user connects the PhoneGnome device (the "PhoneGnome") to his or her existing home phone line and internet connection, the PhoneGnome automatically registers and organizes itself. You are not required to separately register with us. However, if you desire to utilize additional services, such as using our phone book features, reviewing PhoneGnome settings and accessing future services we intend to deliver such as viewing your calling activity, you will be required to register with TelEvolution through our web site and provide us with a variety of information such as your PhoneGnome phone number, your email address, and your name (the "Additional Services," the Additional Services and the Basic Services known collectively hereafter as the "Services"). Further, even if you do not register online with us, TelEvolution still collects information pertaining to your use of the Services, such as information pertaining to phone numbers you dial, incoming calls, duration of calls, etc. In addition, because the PhoneGnome is connected to your existing phone line, we also collect information pertaining to non-internet based phone calls (phone calls that are not internet-enabled). This differs from most internet calling companies who only collect (and are only able to collect) internet based phone call information. We treat all information that we collect the same - whether such information pertains to internet or non-internet enabled phone calls. This information is transmitted directly to us when you use your PhoneGnome. In connection with a user's online registration and depending on the services chosen, we ask for contact and account information, such as name, company name, address, phone number, e-mail address, and password and the details related to the organization, in addition to financial and billing information We may ask for additional personal information from time to time. You can opt out of providing additional information by not entering it when asked, unless that information is required by us.

Use of Personally Identifying Information

TelEvolution uses your personally-identifying information we collect to initiate and provide the Services for companies, public organizations and individuals such as ensuring the ongoing operation of your PhoneGnome and the PhoneGnome Services, maintaining your warranty, servicing your PhoneGnome or your PhoneGnome account, or completing transactions with third parties offering services via the PhoneGnome and the PhoneGnome Services. We may also use your personally-identifying information to contact you and discuss your interest in our company, the Services we provide to you and ways we can improve them, and to send information such as announcements of promotions and events regarding our company or partners. In addition, we may use your personally-identifying information to statistically analyze usage, to improve our product offerings and to customize our Services for you. We may also e-mail you a customer newsletter and updates about the Services or TelEvolution the company. You can opt out of receiving these communications by replying to them at the time they are distributed or at any time by e- mailing support@PhoneGnome.com. TelEvolution does not distribute or share customer e-mail addresses, except as noted in the PhoneGnome User Terms of Service, this Privacy Policy or as may be required by law.

All financial and billing information that we collect through a PhoneGnome web site and the Services is used solely to bill for the Services. TelEvolution does not use this billing information for marketing or promotional purposes. Except as we explicitly state at the time we request information, or as provided for in the TelEvolution User Terms of Service, we do not disclose to any third party the information provided.

Our Use of Anonymous Information

We automatically gather and analyze anonymous statistical information about the PhoneGnome users such as phone numbers called, received, duration of calls, services used, use patterns and related information, but in doing so we do not reference you by individual name, phone number, email address or home address. As we mentioned earlier, we collect this information with respect to both internet and non-internet enabled phone calls. We use this data to determine how and how much our users use aspects of the Services.

Referral Partners

You will be able to take advantage of a variety of services offered through TelEvolution by third-party companies and individuals ("Referral Partners") with whom we have referral relationships. If you decide to use services offered by a Referral Partner then you are considered a customer of both TelEvolution and the Referral Partner. TelEvolution and a Referral Partner may share customer contact as well as account, financial and billing information with respect to their joint business relationship with the customer. The sharing of this information allows TelEvolution and the Referral Partner to establish the identity of the shared customer and determine referral fees owed. This sharing also allows Referral Partners to provide consolidated billing services to the shared customer. Shared contact and account, financial and billing information is governed by the TelEvolution User Privacy Policy.

Integration and Processing Partners

TelEvolution may from time to time have integration relationships with third-party companies and individuals ("Integration Partners"). These relationships extend the functionality of the Services and the Integration Partner application or service ("Integrated Service") by allowing the Services and the Integrated Service to exchange customer data and to establish linked business processes between the two. Customers who use this Integrated Service are considered customers of both TelEvolution and the Integration Partner. TelEvolution and an Integration Partner may share customer contact, account, financial and billing information, and business data with respect to their integrated business relationship with the customer. The sharing of this information allows TelEvolution and the Integration Partner to establish the identity of the shared customer and determine fees owed. This sharing also allows the Integration Partner to provide consolidated billing services to the shared customer and allows for the enhanced functionality of the Integrated Service. Shared contact, account, financial and billing information, and business data is governed by the TelEvolution User Privacy Policy.

TelEvolution uses a third-party intermediary to manage credit card processing. This intermediary is solely a link in the distribution chain and is not permitted to store, retain, or use the information provided, except for the sole purpose of credit card processing.

How We Protect Your Information

We employ reasonable and current security methods to prevent unauthorized access, maintain data accuracy, and ensure correct use of information. Your account information and profile are password- and/or PIN-protected. We recommend that you do not divulge your password or PIN to anyone. Users of the Services are responsible for maintaining the confidentiality and security of user registration and passwords. Our personnel will never ask you for your password in an unsolicited phone call or in an unsolicited e- mail. Whenever you voluntarily disclose information online - for example on message boards, through e-mail or in chat areas - that information can be collected and used by others. If your password is obtained and used by a third party through a failure by us to protect your password, you must promptly inform us of the theft and we will credit you for transactions made after the theft. If your password is obtained and used by a third party through a failure by you to protect your password or after you disclose your password, you will be responsible for payment for any transactions made through your account following the theft.

TelEvolution customers' usage of the Services are displayed online when you access your account information. TelEvolution will not review, share, distribute, print, or reference any such data except as provided in the TelEvolution Terms of Service or this Privacy Policy, or as may be required by law.

No data transmission over the Internet or any wireless network can be guaranteed to be perfectly secure. As a result, while we try to protect your personal information, we cannot ensure or guarantee the security of any information you transmit to us, and you do so at your own risk. Similarly, certain goods and services offered via our TelEvolution portal are provided by third parties, and those goods and services will not necessarily be governed by this Privacy Policy. Please read the privacy policies of each service provider from whom you request goods or services that you learn of through our TelEvolution portal.

Security

TelEvolution has security measures in place for the Services to help protect against the loss, misuse and alteration of the data under TelEvolution's control. TelEvolution implements various authentication and data encryption techynologies and hosts the Services in a secure server environment using a firewall and other advanced technology to prevent interference or access from outside intruders. Finally, TelEvolution requires unique user names and passwords that must be entered each time a customer logs on. These safeguards help prevent unauthorized access, maintain data accuracy and ensure the appropriate use of data.

How We Protect the Privacy of Children Under 13

We do not knowingly collect or use information obtained from a child under the age of 13, and we will not ever do so without first obtaining the consent of the child's parents. Once you have established your account, it may be difficult for us to identify the age of individuals who access your online account, so we employ the same Privacy Policy for individuals of all ages. If we determine that a child under the age of 13 has used accessed an account, we will respond to that child only to seek parental consent. If, however, a parent or guardian determines that a child has provided us with personally-identifying information without parental or guardian consent, the parent or guardian can contact us to remove the information and opt out of promotional opportunities by emailing us at privacypolicy@phonegnome.com.

Opt-Out Policy

TelEvolution offers you a means to choose how we may use information you provided. If, at any time after registering for information or ordering the Services, you change your mind about receiving information from us or about sharing information with third parties, send us a request specifying your new choice. Send your request to support@PhoneGnome.com. Please note, however, certain sharing of your information is required for use of the Services (as described above). If you choose to opt out from sharing your information in these circumstances, you may be required to cease use of the Services and the PhoneGnome.

Governing Law

You agree that the laws of the State of California shall govern the terms of this Agreement and your use of the PhoneGnome and PhoneGnome Services. Any disputes under this Agreement may be brought in the state courts or the Federal courts located in Oakland, California, and you hereby consent to the personal jurisdiction and venue of these courts.

Your Consent

By using the PhoneGnome and the PhoneGnome Services, you consent to the collection and use of this information in the manner we describe in this privacy policy.

Correcting and Updating Your Information

To update or change registration information, to update billing information, or to discontinue the Services, use the appropriate area of the PhoneGnome web site or, if you have never registered online with us, simply stop using your PhoneGnome. You can also correct and update information by e-mailing support@PhoneGnome.com.

Potential Sale of Company and Information Impact

As we continue to develop our business, we might sell or buy assets. In such transactions, user information generally is one of the transferred business assets. Also, in the unlikely event that TelEvolution sells all or substantially all of its assets, user information will of course be one of the transferred assets.

Additional Information

Questions regarding this Privacy Policy or the security practices regarding the PhoneGnome or the Services should be directed to TelEvolution's Network Administrator by e-mailing privacypolicy@PhoneGnome.com.

© 2005 TelEvolution, Inc. All Rights Reserved.