magicJack SMB, Inc. (“magicJack”, “we” or “us” or “our”) know that you care about how your personal information is used and shared and we take your privacy seriously. Please read the following to learn more about how we use your personal information. All capitalized terms not defined in this Privacy Policy shall have the meanings ascribed to them in the magicJack® for Business Terms of Service, which may be found at: www.magicjackforbusiness.com/terms/ and as may be modified thereafter (the “Agreement”).

By using any of our Services (including any mobile apps that may be offered from time to time by us in connection therewith), you agree that you have reviewed and understood this Privacy Policy to your full satisfaction, that you consent and agree that you are subject to this Privacy Policy, and that we are permitted to collect, use and share information as outlined in this Privacy Policy. Your access to and use of the Services is subject to the terms of the Agreement.

Effective Date: June 3, 2016.

Privacy Policy Overview

This Privacy Policy covers our treatment of personally identifiable information ("Personal Information") and other information that we gather when you access and/or use the Services. In addition, this Privacy Policy covers how you may control your Personal Information when you use our Services. This Privacy Policy does not apply to the practices of companies that we do not own or control (including any third-party products or services used for logging into the Services), or to individuals that we do not employ or manage.

Personal Information Collection and Usage

The information we gather from users enable us to personalize and improve our Services and allows our users to register to set up a user account to use our Services by voluntarily providing registration data and other requested information. Except as otherwise described in this Privacy Policy, we do not sell or rent your Personal Information to third parties without your consent.

As described in this Privacy Policy, we share non-personally identifiable information with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality of our Services. We may contract with a third party to track and analyze non-personally identifiable usage and volume statistical information from our visitors and customers to administer our website and Services and constantly improve their quality. All data collected by such party on our behalf is owned and used by us. We reserve the right to publish non-personally identifiable, summary information regarding our website visitors and users of our Services for promotional purposes. Please note that it is not Personal Information. It is only general summaries of the activities of our visitors and customers from which your Personal Information cannot be derived or discerned.

We collect and use the following types of information from users of our Services and visitors to our website:

Information You Provide:

We collect Personal Information in order to register your account as our customer, to process requests for Services and in connection with the provision of and billing for the Services. We ask you to provide your name, email address, street address, zip code and (when you are paying for Services) your credit card number.

We provide your Personal Information to our Affiliates who provide the Services to you. In addition, we need to send your Personal Information to other companies who work as partners with us to provide Services to you. Unless we tell you differently, these other companies do not have any right to use the Personal Information we provide to them beyond what is necessary to assist us in providing the Services. This Personal Information is limited to only necessary information in reference to any Services to be provided to you.

We receive and store any information you enter when using the Services or provide to us in any other way. The types of information collected in this manner include all information received upon account creation as well as provided to us while using the Services.

Accessing Contact Lists

You expressly acknowledge and agree that in order to provide certain aspects of the Services, we may periodically access your contact list and/or address book on your mobile device to find and keep track of mobile phone numbers and e-mail addresses that you may use in connection with your use of the Service. You hereby give your express consent to us to access your contact list and/or address book for mobile phone numbers and e-mail addresses in connection with your use of the Service. We do not collect names or physical addresses, just mobile phone numbers and e-mail addresses. You must notify us immediately of any breach of security or unauthorized use of your mobile phone. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable for our losses or the losses of others due to such unauthorized use.

Log File Information:

When you use the Services, our servers log certain general information that our application sends whenever a message is sent or received including time and date stamps and the phone numbers the messages were sent from and to.

Automatically Collected Information:

We and some third party providers we work with automatically receive certain types of information whenever you communicate or otherwise interact with us (including by e-mail or chat communications) or use the Services. Automatic technologies and services we use may include, for example, web server logs/IP addresses, cookies, web beacons and call records.

Web Server Logs/IP Addresses: When you use our website and Services we automatically receive and record information on our server logs from your browser including your IP address and the page you requested. An IP address is a number assigned to your computer whenever you access the Internet. All computer identification on the Internet is conducted with IP addresses, which allow computers and servers to recognize and communicate with each other. We collect IP addresses to conduct system administration and report aggregate anonymous information to Affiliates, business partners and/or vendors to conduct site analysis and website performance review and to improve our Services.

Cookies: Some of the advertisements and other services that may appear on our website and Services are delivered to you by Internet advertising companies. These companies utilize certain technologies including cookies to deliver advertisements and marketing messages and to collect anonymous information about your visit to our website and other websites and your use of our Services. A cookie is a piece of information that is placed automatically on your device drive when you access certain web services. The cookie uniquely identifies your device to the server and lets a web server know that you are the same person who previously accessed the server. This makes an extended interaction possible. Cookies also allow us to store information on the server to help make the Services better for you and to conduct Services analysis.

Web Beacons: We may use web beacons alone or in conjunction with cookies to compile information about your usage of our Services and interaction with emails from us. Web beacons are clear electronic images that can recognize certain types of information on your computer, such as cookies, when you viewed a particular website or mobile app tied to the web beacon, and a description of a website or mobile app tied to the web beacon. For example, we may place web beacons in marketing emails that notify us when you click on a link in the email that directs you to our website or Services. We may also use web beacons to operate and improve our website, email communications and Services.

Call Records: In connection with the provision of our Services, we retain call records which can also contain Personal Information. We will not provide your call records to unaffiliated third parties without your consent.

Information We Do Not Collect

The contents of messages that have been delivered by the Services are not copied, kept or archived by us in the normal course of business. The texting component of the Services is meant to be a SMS replacement, using data service through your phone (either via cell network or wifi). Users type their messages, which are sent via data service to our servers, and routed to the intended recipient, if that recipient is online. If the recipient is not online, the undelivered message is held in our server until it can be delivered. If the message is undelivered for thirty (30) days, the undelivered message is deleted from our servers. Once a message has been delivered, it no longer resides on our servers. The contents of any delivered messages are not kept or retained by us — the only records of the content of any delivered messages reside directly on the sender’s and recipient’s mobile devices (and which may be deleted at the user’s option). Notwithstanding the above, we may retain date and time stamp information associated with successfully delivered messages and the mobile phone numbers involved in the messages, as well as any other information which we are legally compelled to collect. Files that are sent through the Services will reside on our servers after delivery for a short period of time, but are deleted and stripped of any identifiable information within a short period of time in accordance with our general retention policies.

Interest-Based Advertising

When you use our website and Services, we may collect information about your activities for use in providing you with advertising about products and services tailored to your individual interests. This section of our Privacy Policy provides details and explains how to exercise your choices.

You may see certain ads on other websites based on your visits to our website or use of our Services because we participate in advertising networks administered by third-party vendors. Ad networks allow us to target our messaging to users through demographic, interest-based and contextual means. These networks track your online activities over time by collecting information through automated means, including through the use of cookies, web server logs and web beacons. The networks use this information to show you advertisements that are tailored to your individual interests. The information ad network vendors may collect includes information about your visits to websites that participate in the vendors' advertising networks, such as the pages or advertisements you view and the actions you take on the websites. This data collection takes place both on our website and our mobile app(s) and on third-party websites and mobile app(s) that participate in the ad networks. This process also helps us track the effectiveness of our marketing efforts. To learn more about how to opt out of ad network interest-based advertising, please visit: http://www.aboutads.info/choices/.

We may use third-party web analytics services on our website and Services, such as those of Google Analytics, including the following Google Analytics advertising features: (i) Remarketing with Google Analytics, (ii) Google Display Network Impression Reporting, (iii) DoubleClick Platform integrations and (iv) Google Analytics Demographics and Interest Reporting. The analytics providers that administer these services use technologies such as cookies, web server logs and web beacons to help us analyze how visitors use our website and Services. The information collected through these means (including IP address) is disclosed to these analytics providers, who use the information to evaluate use of our website and Services.

We may utilize Remarketing with Google Analytics to advertise online. Third-party vendors, including Google, may show our ads on sites across the Internet. We may utilize Google Display Network Impression Reporting to allow us to see the effects on our website and Services users of different types of ads and their usefulness. We may utilize data provided by Google Analytics Demographics and Interest Reporting to grow our website and Services and better customize our information to the interests of our customers and vistors. We and other third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on visitor’s past visits to our website and past use of our Services. We may combine information we collect from you with information we receive from third parties and use it for the purposes described in this Privacy Policy.Google Analytics’ terms of use and privacy policy applies to their collection, use and disclosure of your information. To learn more about Google Analytics and how to opt out, please visit: www.google.com/analytics/learn/privacy.html. Visitors can also opt out of Google Analytics features, such as Google's use of cookies, using Ad Settings at https://www.google.com/settings/ads.

Location Information

When you use the location-enabled feature of our Services of mobile services, we may collect and process information about your actual location, like GPS signals sent by a mobile device. We do not share that information with third parties other than as required by law. When you use mobile apps, if applicable, we collect and use information about you in the same way and for the same purposes as we do when you use our website. You can choose to allow access to your current location provided by your mobile device using GPS or similar technologies to allow others to identify your location. By changing your mobile phone settings, you can turn off the mobile app’s access to your location at any time.

Sharing Policies

Below are the circumstances in which we may share your Personal Information.

Agents, Consultants and Related Third Parties: We, like many businesses, sometimes hire third parties to perform certain business-related functions. Examples include mailing information, maintaining databases, processing payments and obtaining payment. We may provide access to your Personal Information to third parties who are performing services for us in connection with our website or the Services that you have requested. When we employ a third party to perform a function of this nature, we only provide them with the information that they reasonably require to perform their specific function.

Financial Services Parties: The information you enter when making a request for Services, including Personal Information, will be shared with payment processors, financial gateways, and your credit card company to authorize credit card payments. Such information may also be shared with necessary third parties solely for the purpose or carrying out the transactions.

Advertisers: We may aggregate Personal Information with Personal Information of other users of our Services and/or our website, and disclose such information in a non-personal manner, or in a personally identifiable manner, to advertisers and other third parties for marketing and promotional purposes. In these situations, we may disclose to these entities any information that could be used to identify you personally.

Affiliates: We may share your Personal Information and non-personally identifiable information with the companies that are controlled by us, or under common control with us (our "Affiliates"), so that they and we can offer you Services that may be of interest to you and to process such information on our behalf.

Sale of Business: If we or any or all of our Affiliates are sold or disposed of as a going concern, whether by merger, sale of assets, sale of equity, change of control, bankruptcy proceeding or otherwise, your information collected by us, including any of our related databases could, in whole or in part, be sold as part of that transaction. In the event we go through a business transition, such as a merger, acquisition by another company, sale of all or a portion of its assets or equity, bankruptcy, dissolution or similar transactions or proceedings, your Personal Information will likely be among the assets transferred.

Legal Requirements: We may disclose Personal Information if required to do so by law or in the good faith belief that such action is necessary: (i) to conform to legal requirements or to respond to a subpoena, search warrant or other legal process received by us, whether or not a response is required by applicable law; (ii) to enforce our Agreement and related guidelines or to protect our rights; (iii) to respond to your requests for customer service; or (iv) to protect the rights, property or safety of members of the public, users of the Services and our employees.

You understand that calls to our customer support teams may be monitored and/or recorded for training and quality control purposes, and you consent to all such monitoring and/or recording.

Except as set forth above, we will notify you before disclosing your Personal Information to third parties, and you will be able to prevent such disclosure.

Security

Upon signing up for an account with us you will be required to provide a password which will help protect your personal account from outside access. If you have any issues with your account protection please notify us and we will assist in resetting your password.

Keep in mind however, that no method of transmission over the Internet, or method of electronic storage, is 100% secure. We cannot enforce or control the security of the computers, electronic devices, or electronic communication method that a user may utilize to send e-mails and submit information to us over the Internet. Users are responsible for ensuring that the computers, mobile phones, electronic devices and electronic communication methods that users utilize will provide adequate security for communicating with us. To protect user privacy and security, a website user and mobile app user must keep his or her password confidential. We are not responsible for the disclosure or interception of your information before we receive it.

We use commercially reasonable physical, managerial, and technical safeguards to preserve the security of your information. Once we receive information, we make commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

Users Outside Of The United States

Our website and Services are operated on servers located in the United States, and Personal Information is also stored on computers located in the United States. You consent to the transfer of such information to and from the United States and/or other countries for storage, processing and use by us, our Affiliates and business partners as provided in this Privacy Policy. We make no representation that the practices described in this Privacy Policy are compliant with laws outside of the United States that apply to the collection, security, use and disclosure of personal information.

Emails

We may send you administrative emails to verify your account, to assist with your requests for assistance with your account and/or the Services as well as help protect the identity of your account in case of fraud. By signing up for an account with us we may also send you updates and information on the latest releases and promotional emails to the given email address, with the option to opt-out of receiving promotional emails at any time.

Links To Other Sites

Other companies or organizations may have links to their websites on our website and Services. We are not responsible for how these other companies or organizations collect, use, disclose, or secure the information that you provide them. If you choose to access a third party website linked from our website or Services, you do so at your own risk and subject to any terms of service or privacy policy (if any) associated with such third party website.

Information provided by our users and third parties communicating with our users through the Services may contain links to third party websites that are not owned or controlled by us. We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, we will not and cannot censor or edit the content of any third-party site. By using the Services, you expressly acknowledge and agree that we shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.

Do Not Track Policy

Our website and Services are not designed to respond to "do not track" signals received from browsers.

Control Over Your Information

We give you the ability to edit your account information and preferences at any time. We allow you to access the following information about you for the purpose of viewing, and in certain situations, updating or deleting that information:

• User e-mail address
• Username and password

You maintain the right to deactivate your account at any time.

Changes to this Privacy Policy

We reserve the right to change this Privacy Policy. If we make any material changes in the way we use your Personal Information we will notify you by posting a prominent announcement on our website at least thirty (30) days prior to the change taking effect. Any revised Privacy Policy will only apply prospectively to Personal Information or non-personal information collected or modified after the effective date of the revised policy. You should periodically review the Privacy Policy available at our website for revisions. Use of our Services and/or our website after revision of the Privacy Policy signifies your consent to the revised Privacy Policy.

California Privacy Rights

We collect various types of Personal Information about you online as described in this Privacy Policy. Under California law, our customers who are residents of California may request certain information about our disclosure of Personal Information during the prior calendar year to third parties for their direct marketing purposes. To make such a request, please write to us at the following email address: PrivacyRights@magicJack.com.

Questions or Concerns

If you have questions, concerns or suggestions regarding privacy on our Services, send them here: PrivacyRights@magicJack.com. We will reply back in a timely manner in accordance with the message.