Privacy Policy

Big Earth Networks, LLC (’ÄúBig Earth’Äù) is committed to your privacy and undertakes to collect your information by means that are fair; legal; and transparent. 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 Personal Data (as defined below) without your consent and we will not disclose or make available Personal Data to any third parties seeking to market third party products without your consent. We have provided this Privacy Policy to explain how we collect and use information from our customers who use services and products from Big Earth ("Customers") and from visitors to our web sites and from potential customers who have communicated, made contact or interacted with Big Earth ("Visitors"), both in connection with online and offline services and products offered by Big Earth.

Collection of Your Information

Big Earth 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, "Personal Data" or ’ÄúPD’Äù), from Customers when initiating service and in connection with the provision or marketing of products and services. Big Earth may collect Personal Data from Visitors in connection with any visit to our web sites, any communication about our services and products or other transactions or interactions with Big Earth.

If you visit Big Earth's web-site, your web-browser automatically discloses, and Big Earth's web-server automatically logs, the following information: the date and time, the IP address from which you issued the request, the type of browser and operating system you are using, the URL of any page that referred you to the page, the URL you requested, and whether your request was successful. This data may or may not be sufficient to identify you.

Any additional data that you provide, e.g. in a web-form, may also be logged. This data may or may not be sufficient to identify you.

Any additional data that your web-browser automatically provides may also be logged. may also be logged. This will be the case, for example, if your browser has previously been requested to store PD on your computer in 'cookies' and submits them each time you request a web-page within a particular domain (such as bigearthnetworks.com). This data may or may not be sufficient to identify you.

If you disclose personal data to Big Earth in conjunction with an identifier such as your name or your credit-card details, Big Earth will collect your information. Moreover, any information that becomes available to Big Earth through any of the means described in the preceding paragraphs may be able to be associated with that identifier, and hence become PD.

Subject to the qualifications immediately below, Big Earth undertakes to collect personal information and not from you and not from other parties. This undertaking is qualified as follows:

• where Big Earth reasonably considers that the protection of its financial interests requires that it gather Your PD from other sources, or from additional sources. This applies in particular where Big Earth has a lending exposure to you, and seeks information about your creditworthiness;
• where Big Earth reasonably considers that its capability to deliver quality services to you will be materially enhanced by gathering Your PD from other sources. This applies in particular to consumer profile data.

Where Big Earth collects PD from sources other than you, it undertakes:

• to do so only by legal means;
• to do so only with your Consent; and
• to declare to you what sources it uses, and under what circumstances.

Big Earth undertakes to declare the purpose of collection in a manner which is clear and meaningful, and to avoid vague, highly inclusive statements such as 'to support our operations'.

"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

Big Earth believes that Spyware is a threat to consumer privacy and a consumer's experience online. Therefore, we forbid any Big Earth employee, agent, partner, affiliate or contractor from intentionally deploying or using Spyware (as defined in this policy) on behalf of Big Earth. Spyware refers to any executable software application that is installed on a user's personal computer and covertly gathers and transmits Data 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 Data, such as e-mail addresses and credit card information, and may even alter personal computer settings. Intentional use of Spyware by any Big Earth employee, agent, partner or affiliate on Big Earth's behalf will not be tolerated and will be considered grounds for dismissal, contract termination and/or loss of

Personal Data Use

Use refers to the application of Data by any part of Big Earth, or any staff-member or contractor of Big Earth in the course of their work.

Big Earth undertakes to use Data only for:

• the purposes for which it was collected;
• such other purposes as are subsequently agreed between Big Earth and You;
• such additional purposes as may be required by law. In these circumstances, Big Earth will take any reasonable steps available to it to communicate to You that the use has occurred, unless it is precluded from doing so by law; and
• such additional purposes as are authorized by law (in particular to protect Big Earth's interests, e.g. if it believes on reasonable grounds that You have failed to fulfill your undertakings to Big Earth or have committed a breach of the criminal law).

Big Earth undertakes to use Your PD only if it has demonstrable relevance to the particular use to which it is being put.

Big Earth undertakes to use Your Personal Data in such a manner as to take into account the possibility that it is not of sufficient quality for the purpose, e.g. because it is inaccurate, out-of-date, incomplete, or out-of-context.

Big Earth will use PD (1) to market products and services to Customers and Visitors that Big Earth 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 Big Earth in the marketing and provision of such services and products to Big Earth, 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 Big Earth. Big Earth only works with partners whom we believe maintain high standards with respect to privacy and consumer rights.

In the course of providing services to you, we collect and maintain certain customer proprietary network information. It includes the types of services you currently purchase, related usage and billing information for those services. We do not sell trade or share your network information, including your calling records outside of Big Earth 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 network information to offer additional services to you, and for billing and collections purposes. We can also disclose your network information for legal or regulatory reasons, including in response to subpoenas and court orders. We can also use network information to investigate fraud and to prevent violation of our Terms of Service and unlawful use of our network, services and other customers.

Personal Data Security

Big Earth undertakes to store PD in a manner that ensures security against unauthorized access, alteration or deletion, at a level commensurate with its sensitivity. Big Earth undertakes to store PD only in jurisdictions where data protections are at least equivalent to those required under the OECD Guidelines. Big Earth undertakes to transmit PD in a manner that ensures security against unauthorized access, alteration or deletion, at a level commensurate with its sensitivity. Big Earth undertakes to implement appropriate measures to ensure security of PD against inappropriate behavior by Big Earth's staff-members and contractors. These include:

• training for staff in relation to privacy;
• access control, to limit access to PD to those staff and contractors who have legitimate reasons to access it;
• particularly in the case of sensitive data, audit trails of accesses, including the identities of staff and contractors accessing the data;
• reminders to staff and contractors from time to time about the importance of data privacy, and the consequences of inappropriate behavior;
• declaration of appropriately strong sanctions that are to be applied in the event of inappropriate behavior
• clear communication of policies and sanctions; and
• processes to audit, to investigate and to impose sanctions.

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

Big Earth will continue to revise policies and implement additional security features as new technologies become 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.

Private Data Disclosure

Disclosure refers to making Your PD available to any party other than Big Earth and You. The term disclosure may include many different conditions of data transfer, including selling, renting, trading, sharing and giving.

Big Earth undertakes to disclose PD only under the following circumstances:

• in the course of business being conducted between You and Big Earth, where disclosure is necessary to a contractor, such as a transport company. Where PD is disclosed in this way, Big Earth undertakes to exercise control over Big Earth's contractors to ensure that their actions are compliant with these Terms;
• in other circumstances that are directly implied by the purpose agreed between You and Big Earth at the time of data collection or subsequently. Where PD is disclosed in this way, Big Earth undertakes to exercise control over Big Earth's contractors to ensure that their actions are compliant with these Terms;
• with your consent, or at your request;
• where required by law, such as a provision of a statute, or a court order such as a search warrant or subpoena. In these circumstances, Big Earth will take any reasonable steps available to it to communicate to You that the disclosure has occurred, unless it is precluded from doing so by law;
• where permitted by law (e.g. the reporting of suspected breach of the criminal law to a law enforcement agency; and in an emergency, where Big Earth believes on reasonable grounds that the disclosure of PD will materially assist in the protection of the life of health of some person), provided that Big Earth will apply due diligence to ensure that the exercise of the permission is justifiable.

In all cases, Big Earth undertakes to disclose only such PD as is necessary in the particular circumstances.

Personal Data Retention and Destruction

Subject to the qualifications immediately below, Big Earth undertakes:

• to retain PD only as long as is consistent with its purpose; and
• to destroy PD when its purpose has expired, and to do so in such a manner that PD is not subsequently capable of being recovered.

This undertaking is qualified as follows:

• PD may be retained in Big Earth's logs, backups and audit trails within short-term retention cycles that are devised to protect Big Earth's operations. In such cases, PD will be destroyed in accordance with those cycles;
• PD may be retained beyond the expiry of its purpose if that is required by law, such as a provision of a statute, or a court order such as a search warrant or subpoena, or a warning by a law enforcement agency that delivery of a court order is imminent. In these circumstances, Big Earth:
  • will take any reasonable steps available to it to communicate to You that PD is being retained, unless it is precluded from doing so by law; and
  • will only retain PD while that provision is current, and will then destroy PD;
• PD may be retained beyond the expiry of its purpose if it is authorised by law (in particular to protect Big Earth's interests, e.g. if it believes on reasonable grounds that You have failed to fulfill your undertakings to Big Earth or have committed a breach of the criminal law). In these circumstances, Big Earth will only retain PD while that situation is current, and will then destroy PD.

Access by You to Your Personal Data

Big Earth undertakes to provide you with access to PD, subject to only such conditions and processes as are reasonable in the circumstances. In particular, Big Earth undertakes to enable access:

• conveniently;
• without unreasonable delay; and
• without cost.

Big Earth undertakes to establish and operate identity authentication protections for access to PD that are appropriate to its sensitivity, but practical. This may involve some inconvenience; for example, relatively straightforward procedures may be involved in order to provide you with access through a channel that you have previously registered with Big Earth (such as a particular email-address), but may impose more onerous procedures if you wish to use some other channel.

In the event that you dispute some aspect of PD, Big Earth undertakes to take reasonable steps in relation to the amendment, supplementation or deletion of PD.

You undertake:

• not to seek access for frivolous purposes, or unreasonably frequently;
• to accept that deletion of some data may not be consistent with the provision of particular services by Big Earth to you.

Information about Personal Data-Handling Practices

Big Earth undertakes to make information available to you about the manner in which Big Earth handles PD:

• in general terms, in a readily accessible manner; and
• in more specific terms, on request.

Where PD is disclosed to a contractor, Big Earth undertakes to make information available to you on request about the manner in which Big Earth's contractors handle PD.

Big Earth undertakes to ensure that the information provided is meaningful, and addresses your concerns.

You undertake:

• not to seek such information for frivolous purposes, or unreasonably frequently; and
• to accept that the disclosure of excessive detail may harm the security of PD and Big Earth's business processes, and may harm Big Earth's commercial interests.

Handling of Inquiries, General Concerns and Complaints

If you have inquiries, general concerns, or complaints about these Terms, or about Big Earth's behavior in relation to these Terms, you undertake:

• to communicate them in the first instance:
  • to Big Earth only;
  • in sufficient detail;
  • through a channel made available by Big Earth for that purpose;

Big Earth undertakes:

• to provide one or more channels for communications to Big Earth, which are convenient to users;
• to promptly provide acknowledgment of the receipt of communications, including the provision of a copy of the communication, the date and time it was registered, and Big Earth's reference-code for the communication;
• to promptly provide a response to the communication, in an appropriate and meaningful manner.

You further undertake to not pursue Big Earth through any Regulator or the media:

• until and unless Big Earth has had a reasonable opportunity to respond to the initial communication; and
• while Big Earth and you remain are conducting a meaningful dialog about the matter.

Changes to These Privacy Undertakings

Big Earth undertakes:

• not to materially change these Terms in a manner that reduces the protections for PD;
• to take all possible steps to prevent any company that acquires this company or any of its relevant assets from materially changing the Terms applicable to PD in a manner that reduces the protections for PD;
• where it is considering making changes to these Terms, or creating more specific Terms relating to specific services, to consult with appropriate representative and advocacy organizations;
• where it makes changes to these Terms, to ensure that the differences between successive versions are readily accessible;
• to maintain all prior versions of these Terms in such a manner that they are dated, and readily accessible.

Third Party Web Sites and Services

Our service may contain links to other web sites and services not maintained by Big Earth. In addition, other web sites and services may also reference or link to Big Earth. 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.

Big Earth 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).

Terms of Service

For Customers, this Privacy Policy is subject to the Big Earth Terms of Service or other agreements between you and Big Earth. 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 Big Earth'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 Data to the USA and its storage and use as specified in this policy.

Questions

For common questions and answers regarding our privacy policy or to contact us email customerservice@benllc.com.

Effective Date

This Privacy Policy was last updated on August 1, 2009.

Definitions

Big Earth means Big Earth Networks, LLC, it's employees and contractors.

Personal Data means data that is capable of being associated with you, whether or not it includes an explicit identifier such as your name or customer number. In particular, it encompasses all data that Big Earth is capable of correlating with you, using such means as server-logs and cookie-contents.

Data does not refer to data that can no longer be associated with you. This includes aggregated data that does not and cannot identify the individuals whose data are included in the aggregation.

Consent means your concurrence with an action to be taken by Big Earth. Consent may be express or implicit, but in either case must be informed and freely-given.