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Wavexpress, Inc., its affiliates and subsidiaries (collectively "we," "our" or "Wavexpress") created this Privacy Policy in order to demonstrate our commitment to fair information practices and the protection of privacy. By registering for our TVTonic Service (the "TVTonic Service"), you expressly consent to our use and disclosure of your personally identifiable information as described herein. We do not collect personally identifiable information pertaining to users of our website www.wavexpress.com (the "Site") who do not register for the TVTonic Service and we do not retain for any substantial period of time, use or disclose any information from users who only partially complete the registration process or whose registrations are not accepted. YOU MUST BE AT LEAST 18 YEARS OLD TO REGISTER FOR THE TVTONIC SERVICE. WAVEXPRESS RESERVES THE RIGHT TO TERMINATE THE TVTONIC SERVICE IF YOU PROVIDE FALSE OR MISLEADING INFORMATION.

1. Information We Collect

We ask you to provide us certain information in order to provide you with the TVTonic Service and ongoing customer support. Therefore, to use our TVTonic Service you will need to register for membership and agree to our TVTonic Software License and Services Agreement. As part of the membership registration process, you will be required to provide us with your contact information and other personally identifiable information such as a credit card number to pay for your use of the TVTonic Service. In addition, if you communicate with us by e-mail or complete forms or surveys, any information provided in such communications may be collected and stored.

Usage Information Automatically Collected: Our servers automatically track your usage of our TVTonic Service ("Usage Data"). Whenever you interact with the TVTonic Service, your computer will track your usage, including purchases, and periodically this Usage Data will be sent back to our servers. Unless linked to the membership information you provided us, the Usage Data alone is not personally identifiable. From time to time we may compile and disclose non-personally identifiable Usage Data to third parties.

2. Use and Disclosure of Information

Except as described in this Privacy Policy, we do not sell, rent, or transfer any personally identifiable information about you to unaffiliated companies or to any third parties without your prior authorization. We may share your personally identifiable information and Usage Data with the third party over whose digital spectrum the TVTonic Service is transmitted (the "Distributor"); provided, however, that the Distributor will be prohibited from disclosing your personally identifiable information to third parties except as set forth in this Privacy Policy.

The following section describes the additional situations in which your personally identifiable information may be transferred to others:

Suppliers and Other Service Providers: We may use third parties to perform functions on our behalf and to facilitate our services. For example, we may outsource our invoice and billing operations to a third party who performs these services according to our requirements. These parties will have access to personally identifiable information needed to perform their functions, but may not use it for other purposes.

Wallet: A "Wallet" function may be provided as part of the TVTonic Service, allowing you to store personal information once and transmit such personal information to third parties (such as when you make purchases from merchants) without requiring you to re-enter the information each time. Wallet information is controlled by a password and is never disclosed to any party except in response to your specific authorization. You should note however, that when you transmit your personal information to a third party, that information will become subject to the third party's privacy policy. Wavexpress is not liable for any disclosures of your personal information by third parties to whom you transmit such information.

Private Purchase: "Private Purchaseª" is an exclusive Wavexpress Wallet service, allowing you to use locally stored credit to purchase goods from third parties anonymously. Your credit card provider will be unaware of where the credit was spent, and will see only a charge for products supplied by Wave Systems Corp., the transaction clearing house for Wavexpress. Wave Systems Corp. and Wavexpress will not share Private Purchaseª data with any third parties, and will retain only that information needed to perform internal business functions such as customer support. Private Purchaseª data may be disclosed under terms outlined in the Certain Disclosures paragraph below, and may be audited by independent auditors for compliance with Wavexpress contracts.

Purchases: You should be aware that when you make purchases from merchants or vendors, it is likely that either you or Wavexpress will need to transmit your personally identifiable information to such merchants or vendors, and to credit processing companies or delivery companies. Once your personally identifiable information is in the possession of such third parties, that information will become subject to the third parties' privacy policy. Wavexpress is not liable for any disclosures of your personal information by such third parties.

Promotions: Promotions are a user selectable preference item that may be disabled. If you choose to "opt in" for promotions, we may periodically offer you various opportunities, directly or through third parties. If you elect to receive a promotional opportunity, you agree to the use and dissemination of your personally identifiable information to the parties involved in that promotion, including the linking of such personally identifiable information to Usage Data acquired as part of the promotional opportunity. All parties, the information they are requesting, and their intended usage of the information will be identified to you for your consent before proceeding with a promotional opportunity.

Certain Disclosures: We may disclose any information about you, including personally identifiable information, to third parties if we feel such disclosure is necessary or desirable to: (a) comply with a court order or other legal process; (b) protect our rights or property; (c) limit our potential legal liability; (d) enforce other policies that are part of the TVTonic Service; (e) comply with an audit request; or (f) pay royalties or fees to third parties. We may also disclose such information to any third party as we, in our sole discretion, believe necessary or desirable, in connection with our merger or consolidation with such third party or the sale of assets.

3. Information We Send You

As part of the TVTonic Service, we will automatically transmit and store on your computer's hard drive digital broadcasting content. You will have the option to choose what digital content is actually stored on your computer.

In addition, we use "cookies" to better personalize the specific pages, content, banners, products, promotions and other services that may be provided on the Site or as part of the TVTonic Service. A "cookie" is an element of data that a web site like ours can send to your browser, which may then store it on your system. It can be used to provide you with a tailored user experience. We use this information to understand traffic patterns on the Site and the TVTonic Service so that we can enhance your experience and provide you with more relevant information about our products and services. We treat any personally identifiable information that may be contained in cookies with the same confidentiality as all other information you provide to us.

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. Wavexpress does not require that you accept cookies, however, some functionality on the Site and/or the TVTonic Service may be impaired if you decline to accept cookies.

4. Security of Information

The security of your personal information is of great importance to us. We store your information on limited access servers and we will provide you with the ability to transmit your personal information via secured and encrypted channels. In order to access certain features of the TVTonic Service, you may be required to provide a password. To protect the security of your account, you should not disclose your password to any third party. If you lose control of your password, you may lose substantial control over your personally identifiable information and may be subject to legally binding action taken on your behalf. Therefore, if you lose your password or have any reason to believe that it may have become known to a third party, you should contact us and immediately change your password.

5. User Ability to Access, Update and Correct Personal Information

Following registration, you can review and change the information you submitted during registration by reviewing your Account within the Wavexpress client software.

6. Updates and Changes to Privacy Policy

We reserve the right, at any time and without notice, to add to, change, update or modify this Privacy Policy by posting a revised Privacy Policy to the Site, and it is your responsibility to be aware of any changes. Any such change, update or modification will be effective within five (5) days of posting, so be sure to check back periodically. Should we change our Privacy Policy in any material respect, as determined solely by Wavexpress, we will notify you and give you the opportunity to opt out of any use of your personal information in a manner inconsistent with this Privacy Policy.

7. Questions, Comments or Concerns

If you have any questions, comments or concerns about our Privacy Policy you may contact us at info@wavexpress.com.