PRIVACY POLICY OF LINGO, INC.

DISCLAIMER: THIS PRIVACY POLICY IS ASSOCIATED WITH THE VOICE OVER INTERNET PROTOCOL (“VOIP”) SERVICES PROVIDED BY LINGO, INC. IN THE UNITED STATES (“SERVICES”) AND IS ONLY APPLICABLE TO CUSTOMERS LOCATED IN, OR LINGO SERVICES GOVERNED BY THE APPLICABLE LAWS OF THE UNITED STATES. LINGO WILL COMPLY WITH ALL APPLICABLE PRIVACY LAWS GOVERNING SERVICES PROVIDED IN OTHER JURISDICTIONS. FOR CUSTOMERS PURCHASING ANY OTHER SERVICES FROM ANY OF LINGO’S CORPORATE AFFILIATES, INCLUDING BUT NOT LIMITED TO PRIMUS TELECOMMUNICATIONS, INC., PRIMUS AUSTRALIA, PRIMUS CANADA, PRIMUS JAPAN OR ANY PRIMUS AFFILIATES IN THE EU, PLEASE SEE THE PRIVACY POLICY CONTAINED ON THE APPLICABLE WEBSITE OF THAT PROVIDER

EFFECTIVE DATE: ALTHOUGH LINGO RESERVES THE RIGHT TO CHANGE THIS PRIVACY POLICY AT ANY TIME (SEE “HOW WILL I KNOW IF LINGO CHANGES THE PRIVACY POLICY” BELOW), THIS POLICY WAS LAST UPDATED ON July 24, 2008.

Lingo, Inc. (“Lingo”) respects your privacy and is committed to the protection of your personally identifiable information. This Privacy Policy has been designed to ensure that the privacy of the information we obtain in the normal course of providing our services is respected and maintained.

What is “Personally Identifiable Information”?

“Personally Identifiable Information” consists of information that can be associated with a specific individual or entity, or permits the individual or entity to be contacted either physically or online. This information includes, for example, a customer’s name, address, 911 Service Address telephone number and e-mail address.

Why Does Lingo Collect Personally Identifiable Information?

Lingo recognizes that any personal information is very important to you, and that you should have a right to control the use and dissemination of that information. Therefore, Lingo collects Personally Identifiable Information for a variety of purposes, all geared toward making your experience as a customer or prospective customer a positive one. Lingo may collect and use Personally Identifiable Information for any of the following purposes:

• To provide and/or change service you request to purchase;
• To bill you, run credit checks, or to initiate debt collection;
• To provide you with Customer Service;
• To ensure that our website is customer friendly, informative and easy to access;
• To create new services that may be of interest to you;
• To protect our customers, employees or property (e.g., to investigate fraud, harassment or other types of illegal activity);
• To anticipate and resolve problems with your Lingo Service; and
• To inform you of new products, promotions or other marketing initiatives.

Typically, Lingo will provide you with a choice to opt out of our marketing activities. If no opt-out choice is available, please contact Lingo at the address or telephone number listed in the “Contact Us” portion of this Privacy Policy, or Lingo’s Customer Care Department at customercare@lingo.com, and a Lingo representative will process your request. Once your opt-out request has been processed, Lingo will respect your request to decline to receive further direct marketing communications.

Will Lingo Disclose My Information to Any Third Parties?

The information collected by Lingo will only be used internally at Lingo, subject to the limited circumstances listed below. Unless you give us your express consent, Lingo will not disclose your information to third parties who want to market products to you. When Lingo uses agents, contractors or other third parties to perform services on its behalf, and those third parties have access to your Personally Identifiable Information, Lingo will require that those third parties are subject to a confidentiality agreement so that your information is protected.

What are the Limited Circumstances under which Lingo Will Disclose Personally Identifiable Information to Third Parties?

Lingo may be required to disclose your Personally Identifiable Information to comply with applicable law. For example, Lingo may be required to disclose certain information under a subpoena, a court order, or as required by a regulatory or administrative agency (e.g., in response to a customer complaint). Additionally Lingo may disclose this information if we, in good faith, believe that this information is necessary to identify, contact or bring legal action against individuals who may be a threat to public safety or interfering with Lingo network, services or our customers.

If Lingo is required to or decides to stop providing Lingo Service, or sell or transfer parts of its business to unaffiliated companies, Lingo will provide only that portion of your Personally Identifiable Information that will allow these companies to offer you the same or similar services or as to accomplish our business objectives. Be assured that these unaffiliated companies will be bound by confidentiality requirements and will be obligated to keep Lingo customer information confidential.

Lingo may also share your Personally Identifiable Information with selected third parties for the purposes of delivering special promotions, complimentary subscriptions, and gifts to you.

How Does Lingo Collect Personally Identifiable Information?

Lingo collects Personally Identifiable Information in various ways, such as over the phone, over the Internet (if you transact with us on-line), or when you complete an application form for one of the products or services that we offer or promote. Lingo collects personal information directly from you at the time when you apply for Lingo Services. Lingo may also collect personal information from third parties such as:

• credit reporting agencies;
• Lingo’s referral program
• suppliers of telecommunications or information services (e.g., other telecommunications and information service providers); or
• other entities who supply services to us related to the provision of telecommunication services provided to you.

If you do not want Lingo to have your Personally Identifiable Information, please do not submit it Lingo. Be advised, however, that this may interfere with Lingo’s ability to effectively resolve any customer service related issues you may have.

What About Personally Identifiable Information Specific to the Lingo Services or the Lingo’s Website?

For users of Lingo Services, or for those individuals that access Lingo’s website or web-based tools via the internet, Lingo may store information on your computer in the form of a “cookie” or similar file. Cookies allow Lingo to conduct additional market research into the users of our website and products, and will allow us to develop ways to improve our websites and services. If you do not want a “cookie” or similar file stored on your computer, Lingo recommends that you consult with your internet browser instructions or “help” command to erase, block or monitor the cookies attached to your hard drive.

Lingo also uses third-party advertising companies to serve ads when you visit our website. These companies may use information (not including your name, address e-mail address or telephone number) about your visits to Lingo’s and other web sites in order to provide advertisements about goods and services of interest to you on the Lingo website. If you would like more information about this practice and to know your choices about not having this information used by these companies, please click on the following link: http://www.advertising.com/Privacy.html.

Additionally, from time to time, Lingo collects information about visits to our website, session lengths, bit rates and the number of messages and bytes passed. This internet usage data is not resold, and is only used on a macro scale (i.e., aggregate basis) to evaluate the Lingo website. Lingo may also contract with third parties that use “web beacons” on the Lingo website. These web beacons are used to track the performance of our marketing efforts with respect to the Lingo services and no personally identifiable information is collected in the process. This non-Personally Identifiable Information may also be gathered and used for general advertising and/or market research, but shall be authorized by Lingo in advance.

Lingo will not read your outgoing or incoming e-mail, private chat or instant messages. Subject to applicable law, Lingo may store messages for a brief period of time and could be compelled to disclose those messages to comply with applicable law as described in the section titled “What are the Limited Circumstances Under Which Lingo Will Disclose Personally Identifiable Information to Third Parties?”

Does Lingo Use Any Security Measures to Ensure the Privacy of my Personally Identifiable Information is Maintained?

Yes. Lingo takes all reasonable steps to ensure that all information we collect, use or disclose is accurate, complete, up-to-date and stored in a secure environment accessed only by authorized persons, and uses Secure Socket Layer (“SSL”) software to provide secure sessions for our visitors.

Can I Access The Personally Identifiable Information I Have Provided to Lingo?

Yes. Lingo will allow you to review or update the available personally identifiable information that Lingo received directly from you (not from any third parties) by accessing your account online, or by contacting Lingo at the address or telephone number listed in the “Contact Us” portion of this Privacy Policy, or Lingo’s Customer Care Department at customercare@lingo.com. In order to ensure your privacy is maintained, Lingo may ask for information to verify your identity prior to granting you access to your information.

How Will I Know if Lingo Makes Changes to the Privacy Policy?

In the event that Lingo makes material changes to this policy, Lingo will notify you via email.

How Can I Submit A Privacy Complaint to Lingo?

Please submit any complaints about breaches of your privacy in writing by contacting Lingo at the address or fax number listed in the “Contact Us” portion of this Privacy Policy:

What About the Protection of Children?

Lingo does not actively or knowingly collect any Personally Identifiable Information from individuals under 18 years of age. Where appropriate, Lingo will instruct children not to submit such information to our website advertisements without the consent of a parent or guardian. If a parent or guardian is concerned that a child may have submitted Personally Identifiable Information to Lingo without their consent, that parent or guardian may contact Lingo at the address or telephone number listed in the “Contact Us” portion of this Privacy Policy and request that this information be removed from our files.

Contact Us

As previously described in this Privacy Policy, Lingo’s Customer Care Department is available to assist you with any privacy concerns you may have. Contact information follows:

You may also e-mail Lingo directly through the its website at http://www.lingo.com, then click on “Support”.

Lingo, Inc. (“Lingo”) is committed to honoring consumers’ preferences as to receiving telemarketing calls in their homes and has instituted the following policy to assure that consumers may exercise their right to choose whether to receive such calls from Lingo.

• Lingo maintains a company Do-Not-Call list of persons who have requested not to receive telemarketing calls from Lingo.
• Lingo will record the telephone number and name of any residential telephone subscriber who requests not to receive telemarketing calls from Lingo and place the consumer’s name and telephone number on the Lingo Do-Not-Call List within 30 days from the date the request was made.
• Lingo will not make any telephone solicitation to any telephone number registered on the Lingo Do-Not-Call List.
• Lingo will honor a do not call request for 5 years from the date the request was made.
• Lingo will not share a consumer’s request not to be called with any other person or entity without obtaining the consumer’s prior written permission to do so.

Lingo, Inc. (“Lingo”) is committed to honoring consumers’ preferences regarding the receipt of telemarketing calls in their homes and has instituted the following policy to assure that consumers may exercise their right to choose whether to receive such calls from Lingo.

Lingo will not:

• Place telemarketing calls to any number on the National Do-Not-Call Registry.
• Place telemarketing calls to any consumers (even to numbers not on the National Do-Not-Call Registry) unless Lingo has first paid the required fee for access to the National Do-Not-Call Registry.
• Deny or interfere with a person’s right to be placed on the National Do-Not-Call Registry.

To ensure that Lingo complies with all rules regarding the Do Not Call list, it will ensure the following:

• All Call Lists shall be scrubbed against a version of the National Do-Not-Call Registry that has been obtained from the administrator of the Registry not more than 31 days prior to the date of any call made on Lingo’s behalf and a version of Lingo’s in-house do-not-call list (“Lingo Do-Not-Call List”) that has been updated by Lingo not more than 30 days prior to the date of any call made on Lingo’s behalf;

With respect to telemarketing campaigns utilizing third party telemarketing companies, Lingo will require that additional precautions are taken, including but not limited to the following:

• No outbound telemarketing campaign may be initiated on Lingo’s behalf without prior written authorization from Lingo confirming that the Call Lists have been scrubbed against the National Do-Not-Call Registry and the Lingo Do-Not-Call List;
• • The Telemarketing Company shall generate and transmit to Lingo on a daily basis compliance reports containing data on all do-not-call complaints and requests received by the vendor; and

All telemarketing campaigns will be monitored by Lingo for compliance with this policy and applicable rules and regulations through a variety of audit procedures.

Subpoena Compliance Contact Information
All subpoenas should be directed to Lingo, Inc.’s Subpoena Compliance Center at:
Lingo, Inc.
Subpoena Compliance Center
7901 Jones Branch Drive # 900
McLean, VA 22102
Email: Legal@lingoinc.net
Phone: 703-748-8001
Fax: 703-748-8017


Fees for Subpoena Compliance
Lingo will invoice the person or entity submitting a subpoena for the administrative costs associated with subpoena compliance as per the rates outlined below. Payment must be made within 30 days from the date of invoice; and checks should be made out to the legal entity to which the subpoena was directed and mailed to the subpoena compliance center at the address listed above.  

• $75 per research hour (1 hour minimum)
• $20.00 Express Shipping
• $10.00 CD Rom 
• $0.25 per copy page
• $1,500 (30 days) Pen Register Fee
• $2,500 (30 days)  Wiretap Fee

Please contact Theresa Walker at 703.748-8001 for questions regarding this policy or to establish contract rate arrangements.


Customer Notification Policy
It is Lingo’s policy to notify any customer whose account information is sought via a valid subpoena or court order unless an emergency situation exists or non-disclosure is required by law.   If customer notification is permitted, Lingo will not release any customer information to the requesting party until approximately 10 business days following the date which the customer has been notified in order to allow the customer adequate opportunity to seek a quash order from the courts.

Acceptance of service by facsimile or email is strictly conditioned upon payment of charges. Primus reserves the right to require payment in advance and to seek enforcement of charges