eFax Privacy Policy

This Privacy Policy is effective on January 29, 2009 for current users, and upon acceptance for new users.

j2 Global Communications, Inc. and its subsidiaries (the "Company", "we", "us" or "our") are dedicated to establishing trusting relationships with our users by respecting their personal identity and by promoting the use of fair information practices. This privacy policy ("Policy") covers the information practices relating to the eFax® Web Site, www.efax.com ("Site") and all eFax Services ("Services") offered now or in the future. For purposes of this policy, "eFax account" is defined as the account through which you access the Services. We do not share information obtained from users through our Site or Services with third parties except as otherwise specifically set forth in this Policy. In this Policy we describe the following:

1. What personally identifiable information the Company collects.
2. How the Company uses the information and with whom the Company may share users' information.
3. What choices are available to users regarding collection, use and distribution of the information.
4. What types of security procedures are in place to protect the loss, misuse or alteration of this information to the extent under the Company's control.
5. How users can correct any inaccuracies in the information.
6. How we will notify you of any changes to this Policy.
7. The Company's participation in the Safe Harbor program.
8. The Company's data retention practices.

1. Information Collection

The Company collects information from its users at several different points on the Site and through the Services, both directly from users (including through interactions with Customer Service and Sales) and through the use of technologies such as cookies, log files and clear gifs.

1. Registration
   In order to use the Services, you must first complete the registration process. During registration you are required to provide contact information (such as name, phone number and email address), and we will provide you with a PIN. We use this registration information to contact you about the Services and other services offered by the Company for which you have expressed interest or that you might be interested in. We may request or require that users provide general demographic information (such as income level and gender), so we can provide a more personalized experience. Paying users must also provide payment information (such as a credit card number and expiration date). This information is used for billing purposes and to fill users' orders. If we have trouble processing a user's order and/or collecting payment, the contact information is used to contact the user. If you begin but fail to complete the registration process for eFax Services, we may contact you in an effort to help you sign up for eFax or another Company service. You can opt-out of receiving these emails by clicking on the opt-out link included in the emails.
2. Test eFax
   If you elect to use the Test eFax tool on the Site, you will automatically receive a sample fax by email. We may also send you other emails containing information about eFax, the Company's other services and third party services that may be of interest to you. You can opt-out of receiving these emails by clicking on the opt-out link included in the emails.
3. Entity Users; Free Users Who Use Entity Email Address
   We may collect information pertaining solely to corporations, governmental or educational entities, or other businesses or not for profit entities, such as a company's address. We may use any such information without restriction. In addition, if you sign up as a free user using an entity email address, we have the right to disclose your email address to the owner of the URL associated with that email address in order to monitor compliance with and enforce the limitations of the eFax Free Service Usage; Fair Use Policy, as set forth in the eFax Customer Agreement.
4. Cookies
   A cookie is a piece of data stored on users' computers tied to information about the users. We may use both session ID cookies and persistent cookies. For the session ID cookie, once users close the browser, the cookie simply terminates. A persistent cookie is a small file stored on users' hard drives for an extended period of time. Persistent cookies can be removed by following Internet browser help file directions. Use of a cookie is not linked to any personally identifiable information while on the Site except if users choose to store their user names and PINs so that users do not have to enter it each time they access their account. Then a persistent cookie will be stored on your computer which is linked to your account information. If you reject the persistent cookie, you may still use the Site but you will be limited in some areas of it. Persistent cookies also enable us to track and target the interests of our users to enhance their experience on the Site. See the "Profile" section below. Some of our business partners (for example, third party advertisers) may use cookies on the Site, in emails or in our advertisements on other Web sites. The cookies are not linked to any personally identifiable information. This Policy covers the use of cookies by the Company and does not cover the use of cookies by any third party advertisers. Our third party advertisers have their own privacy policies which you should consult. In order to create a user-friendly experience, some of our third party promotions and advertisements are designed to automatically transmit users' information onto the third party''s landing page when users chooses to "click" upon a third party's advertisement or promotion. For more information about receiving the Company's advertisements on other Web sites, and for opting out of this practice, please see the "Choice/Opt-out" section below.
5. Log Files
   Like most Web sites, our servers use log files to analyze trends, administer the Site, track users' movements in the aggregate and gather information to improve the user experience and the Services.
6. Clear Gifs
   Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and we may use them to track the online movements of our users. Clear gifs are invisible on the page and are much smaller than cookies, about the size of the period at the end of this sentence. We may also use clear gifs in our HTML-based emails to let us know which emails have been opened by the recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns. If users would like to opt-out of receiving promotional emails, please see the "Choice/Opt-out" section below.
7. Profile
   We may store information that we collect through cookies, log files and clear gifs to create a profile of our users. A profile is stored information that we keep on individual users that details their viewing preferences and Services usage. We may also gather information about users and users' preferences from third parties. Please see the Third Party Intermediaries; Supplementation of Information section below. Consequently, information may be tied to users' personally identifiable information to improve the content of the Site for users, improve our Services and provide new services that are likely to be of interest to users and to direct pertinent product updates and marketing promotions to users if they have opted in to receive those promotions.
8. Children's Privacy
   We do not knowingly collect personal information from children under the age of 13. If we learn that we have personal information of a child under the age of 13, we will delete that information from our systems. For tips on protecting children's privacy online, please the FTC's Web site (http://www.ftc.gov/bcp/conline/edcams/kidzprivacy/index.html).

2. Use of Personally Identifiable Information

1. Legal, Security and Safety
   The Company does not release personally identifying information about our users (other than as disclosed in this Policy) or monitor, edit or disclose the contents of users' private communications through the Services except where the Company in good faith believes that such action is necessary to: (1) comply with the law or where we have a good-faith belief that such disclosure is necessary to comply with a current judicial proceeding, a court order or legal process served on us; (2) investigate, prevent or take action regarding illegal activity; (3) protect and defend the rights or property of the Company; or (4) to protect the personal safety of our users or the public. For example, we may disclose personal information to law enforcement, other government officials or third parties in response to criminal or civil subpoenas. Sometimes, these subpoena requests come from our third party Internet, telecommunications and collocation providers all over the world who supply the network required for us to deliver our Services. In order to maintain the integrity of our network, we often cooperate with requests from these third party providers and/or requests from law enforcement or other governmental officials directed to these providers. In cases where the Company believes that disclosure of any information about a user (including account information) is necessary, we reserve the right to disclose all information in our possession about such user.
   1. Civil Subpoena Policy
      To request user information from the Company in a civil case, you must serve the Company with a valid subpoena, court order or search warrant and agree to the Company's terms of compensation below. All civil subpoenas should be directed to: j2 Global Communications, Inc. Subpoena Department 6922 Hollywood Boulevard 5th Floor Los Angeles, CA 90028 Fax: 1-310-943-2400 Upon receipt of a valid subpoena, it is the Company's policy to notify the subscriber whose information is sought. In non-emergency circumstances, the Company will generally not produce the subpoenaed subscriber's identity information until approximately two weeks after receipt of the subpoena, unless a formal objection is filed by the user or we are legally required to do so. The Company charges $90.00 per hour for research (plus additional fees if testimony or deposition is required), $0.25 per page, and $22.00 to respond via Federal Express. We will invoice the person or entity submitting the subpoena following receipt and the subpoena proponent must make payment within 15 days from the date of receipt of our invoice. Checks should be made out to j2 Global Communications, Inc.
2. Provision of Services
   Users should also be aware (and hereby agree) that certain technical processing of and access to fax messages and their content may be required to: (a) provide the Services, including without limitation, routing and indexing the messages; (b) conform to connecting networks' technical requirements; (c) prevent or minimize disruptions to the Services; or (d) conform to other similar requirements.
3. Welcome Email and Special Offer
   Emails We send all new users a welcome email to verify their information (such as name, address, phone number) and PIN. Users may occasionally receive emails promoting the Company's services and third party services that may be of interest to them ("Promotional Emails"). To opt-out of receiving these Promotional Emails, please see the Choice / Opt-out section below. We may also contact users by other communication channels such as telephone or mail using contact information provided by users or obtained from third party sources as set forth in the section on Third Party Intermediaries; Supplementation of Information below.
4. Product Updates, Newsletters, Service Announcements
   We might send you communications which contain usage tips, product updates or updates to the Customer Agreement or this Policy. If necessary, we will also send you Service-related announcements. For instance, if a Service is temporarily suspended for maintenance, we may send users an email. Users cannot opt-out of these non-promotional communications unless they deactivate their account.
5. Customer Service
   We communicate with users in reply to requests for assistance or regarding issues relating to users' accounts. We may reply via email, phone, Web chat, mail or other available method, in accordance with users' wishes.
6. Abuse; Spam and Junk Faxes
   The Company has a zero tolerance policy for abuse. While we cannot be responsible for external communications received through the Services, it is our intention to use all legally available means to prevent use of the Services for any illegal purpose, including but not limited to distribution and receipt of unsolicited commercial faxes ("junk faxes"). We also specifically restrict users from taking any actions which impose an unreasonable or disproportionately large load on the Company's resources. We ask that any users who are annoyed by receipt of such junk faxes or otherwise impacted by illegal use of the Services to please report such activity here.
7. Third Party Intermediaries; Supplementation of Information
   In order for the Company to properly fulfill its obligations, to improve our Services and direct information to users about services that may be of interest to users, we use third parties and we may share users' information with these third parties. For example, the Company verifies the billing address on all credit card transactions and may obtain credit reports for some corporate users. We use an outside credit card processing company to bill users for Services. In addition, we may use third parties to host certain portions of our Site, to fulfill certain requests for information from our users and to comply with legal requirements. In order to personalize a user's experience and provide relevant offers from us or our third party advertisers, we may share users' information with third parties to learn more about users and their preferences. These companies are not to store or use personally identifiable information for any secondary purposes and the information obtained from these third party sources is maintained in a manner consistent with this Privacy Policy.

3. User Choices Regarding Collection, Use and Distribution of Personally Identifiable Information.

1. Business Transitions
   In the event the Company goes through a business transition, such as a merger, acquisition by another company or sale of a portion of its assets, users' personal information will, in most instances, be included as part of the assets transferred. If as a result of the business transition, the users' personally identifiable information will be used in a manner different from that stated at the time of collection they will be given a choice not to have their information used in this different manner, as described in the notification of changes section, below.
2. Choice/Opt-Out
   Free users are automatically opted-in to receive Promotional Emails. Free users who upgrade their accounts or cancel their free services may still receive such Promotional Emails until they opt out by clicking on the opt-out link included in Promotional Emails. Paying users may opt-out of receiving Promotional Emails by clicking the opt-out link included in Promotional Emails. We also utilize third party advertisers to display advertisements for our Services on other web sites. If you would like more information about receiving the Company's advertisements on other Web sites, or would like to opt out of this practice, please visit http://www.networkadvertising.org/optout_nonppii.asp.
3. Links
   This Policy applies solely to information collected by the Company through the Site, the Services and Customer Service. The Company has advertising and affiliate relationships with third party sites which drive interested parties to our Site. Information that is collected on their Web sites does not fall within this Policy. The Company may also have co-brand relationships with some Web sites. A Web site is a co-brand of the Company if it offers Company technology or services to its users under a different brand. The Co-Branded Web sites and third party sites will have their own privacy policies specific to each site, and the user should read them carefully before registration.
4. Surveys
   Periodically, users might be asked to participate in surveys. Participation in these surveys is completely voluntary and the user therefore has a choice whether or not to respond or provide information. The requested information may include contact information (such as name and address) and demographic information (such as gender). Survey information will be used for purposes of monitoring or improving the use and satisfaction of the Company''s Services. Users' personally identifiable information will not disclosed or shared with third parties unless set forth in this Policy or we obtain your permission. We may use an intermediary to conduct these surveys, but the intermediary may not use users' personally identifiable information for any secondary purposes.
5. Tell-A-Friend
   If users elect to use our referral service for informing a friend about our Services, we ask users for the friend's name and email address. The Company will automatically send the friend a one-time email on the users' behalf inviting them to visit the Company's Site. The Company stores this information for the sole purpose of sending this email and tracking the success of our referral program.
6. Sweepstakes; Contests; Giveaways
   Periodically, we might offer users an opportunity to participate in sweepstakes, contests and giveaways. Participation in these promotions is completely voluntary and the user therefore has a choice whether or not to disclose this information. The requested information may include contact information (such as name and address) and demographic information (such as gender). Users' personally identifiable information will not disclosed or shared with third parties unless set forth in this Policy or we obtain your permission. We may use an intermediary to conduct these promotions, but the intermediary may not use users' personally identifiable information for any secondary purposes.
7. Special Notification for California Residents
   Individual users who reside in California and have provided their personally identifiable information to the Company may request once per calendar year information about Company's disclosures of certain categories of personally identifiable information to third parties for their direct marketing purposes. Such requests should be directed to the Chief Privacy Officer at cpo@j2global.com. Within thirty days of receiving such a request, we will provide a list of categories of personal information shared during the immediately preceding calendar year with other businesses for their direct marketing purposes, and the names and addresses of those third parties. The Company reserves its right to not respond to requests submitted other than to the email address specified in this section.

4. Security

The Company takes every reasonable precaution to protect its users' information. When our registration/order forms ask users to enter their personally identifiable information, that information is protected with encryption software called SSL. Any activities after you log into your account are also encrypted with SSL.

While we use SSL encryption to protect personally identifiable information online, we also employ security measures to protect user-information off-line. All of our users' information, not just the personally identifiable information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (for example, our billing clerks or a Customer Service representative) are granted access to personally identifiable information. Finally, the Company servers that store personally identifiable information are in a secure environment.

5. Changing Your Personally Identifiable Information

If a user's personally identifiable information changes (such as phone, credit card, email or postal address), users can change their information by logging into their account on the Site. If users have cancelled their account, they must call Customer Service to change their personally identifiable information.

6. Notification of Changes

If we decide to change our Policy in a non-material way, we will post those changes in this Policy, and other places we deem appropriate, so our users are always aware of what information we collect, how we use it and under what circumstances, if any, we disclose it. We will use information in accordance with the privacy policy under which the information was collected.

If, however, we change our Policy in a material way, we will notify users via email. Users will have a choice as to whether or not we use their information in this different manner. However, if users have deleted/deactivated their account, then they will not be contacted if we change our Policy, nor will their personal information be used in this new manner.

7. Safe Harbor

The Company is a participant in the Safe Harbor program developed by the U.S. Department of Commerce and the European Union. We have certified that we adhere to the Safe Harbor Privacy Principles agreed upon by the U.S. and the E.U. For more information about the Safe Harbor and to view our certification, visit the U.S. Department of Commerce's Safe Harbor Web site. http://web.ita.doc.gov/safeharbor/shlist.nsf/webPages/safe+harbor+list

8. Data Retention

The time period for which we keep information varies according to how we use the information. In some cases, there are legal requirements to keep data for a minimum period. Unless there is a specific legal requirement for us to keep the information, we do not retain it for no longer than is necessary for the purposes for which the data was collected or for which it is to be further processed.

Corporate Privacy Policy

By accepting the eFax.com Corporate Terms of Service, you expressly consent to the use and disclosure of your personally identifiable and other personal information as set forth in this Privacy Policy document.

Information About You

We ask you to provide information when you register for the eFax.com services. This information includes your name and email address, while other information such as mailing address and phone number remain optional.

It is eFax.com's policy to respect the privacy of its members. Although we do not sell or rent any personally identifiable information about you to any third party, we may, in certain cases where you access our site from other third party sites, release your email address to such third party. We do not disclose certain pieces of information, such as your password, PIN, or eFax number at all. We may aggregate personally identifiable information and disclose such information to third parties in aggregate for a number of business purposes, including running and enhancing the services, but in these situations we do not disclose to other entities any information that could be used to personally identify you. Also, upon your consent, we may use information about you to provide you with ads or offers from advertisers that we think may be relevant to you, but in these cases we do not disclose any personally identifiable information about you to third parties. On our site and via email, we may offer you the option to choose to receive electronic information about topic(s) of interest to you from other companies. If you choose to receive information from such companies, eFax.com may provide to such companies your name, email address and other pertinent information if applicable and the company may contact you directly. These programs are offered as "opt-in" programs, not as "opt-out" programs, meaning you will be contacted only if you choose to participate. We will not pass your name or email address to other companies without your permission, except as otherwise specified in this Privacy Policy Statement. In the course of using our site and our services, we automatically track certain information about you. This information may include the number and source of fax transmissions, the URL that you just came from (whether this URL is on our site or not), which URL you next go to (whether this URL is on our site or not), what browser you are using, and your IP address. We use this information in the normal operation of the site and we may disclose this information on an aggregated basis.

We use cookies on our site. Cookies are stored on your hard drive, not on our site. You are always free to decline our cookies if your browser permits, although you may miss out on some shortcuts, automation, special promotions, certain features such as shopping carts and the like.

If you send us correspondence, such as emails or letters, or if other users or third parties send us correspondence about your use of our services, we may collect such information into a file specific to you. We use information in the file we maintain about you, and other information we obtain from your current and past use of the service, to resolve disputes, troubleshoot problems and enforce our user agreement.

The Content of Your Transmissions

eFax.com acts as a passive conduit for the distribution and receipt of your fax transmissions and therefore will not monitor, edit, or disclose the contents of a Member's private communications unless required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on eFax.com; (2) protect and defend the rights or property of eFax.com; or (3) act under exigent circumstances to protect the personal safety of its members or the public. Member should also be aware (and hereby agrees) that certain technical processing of and access to fax and email messages and their content, eFax.com may be required to: (a) route the messages; (b) conform to connecting networks' technical requirements; (c) conform to the limitations of the Service; or (d) conform to other similar requirements.

We use industry-standard efforts to safeguard the confidentiality of your transmissions (as well as your personally identifiable information), such as firewalls and SSL technology. These are the same technologies that most websites use to safeguard credit card information and other personal information. However, that said, "perfect security" does not exist on the Internet (or anywhere, for that matter.)

Your Email Address

As part of our service, we will send to you your incoming fax transmissions, but in addition we may send to you periodic emails containing information about us, updates on new service features, service usage tips, information about third party services that are likely to be of interest to our members, and member satisfaction questions. In addition to the periodic emails, we may use your email address to send you administrative notices about your account (such as notices about pending activities).

Third Party Collectors of Information

Our policy only addresses the use and disclosure of information we collect from you. To the extent that you disclose your information to other parties, different rules may apply to their use or disclosure of the personal information you disclose to them. To the extent that we use third party advertisers, they adhere to their own privacy customs and policies. In some instances we use third party providers of service who may collect information on our behalf in order to fulfill a service. In those instances, the use of your information is for service fulfillment only. However, the information provided may be used by the third party in aggregate. Since we do not control the privacy policies of third parties, we encourage you to ask questions before you disclose your personal information to others.

Nondisclosure Can't Be Guaranteed

Although eFax.com will take reasonable measures to exclude your name, mailing address, email address, account phone number, communications and other information from any disclosures, eFax.com may (and you fully authorize eFax.com to): (i) as you expressly direct eFax.com, release your email address to any other party you may specifically designate; (ii) as compelled by law, make disclosure of information related to you to the government or other third parties, pursuant to governmental authorities with the requisite jurisdiction such as federal or state courts or law enforcement agencies. In addition, you understand that, as with any transmission medium, there is a risk that third parties may unlawfully intercept or access transmissions or private communications.

Junk Faxes

Finally, it is our intention to use legally available means to prevent distribution and receipt of unsolicited commercial faxes ("junk faxes") through the service. You understand and acknowledge that distribution of junk faxes through the eFax.com service is prohibited, and at eFax.com's option and without further notice, eFax.com may use technologies and procedures, such as filters, that may monitor your communications and terminate junk faxes without delivering them. We would like to ask that any member that is annoyed by receipt of such junk faxes, please report such activity to eFax.com via our eFax.com support form so that we can attempt to prevent further junk faxes from the same source.

Help j2Global Stop Unsolicited Fax Advertising

Under the Telephone Consumer Protection Act of 1991, it is a violation of Federal law to transmit an unsolicited advertisement by facsimile. This means that it is illegal to send a fax unless the recipient has expressly agreed to receive faxes from the sender, or the sender and receiver have an existing business relationship.

In order to assist us in our effort to lead the fight against unsolicited facsimile advertisements, we ask that you please complete the form below and, as instructed, email us a copy of the offending fax advertisement. Upon receipt of your complaint form, we will take all appropriate action to cause the advertiser and, if different, the sender, to stop sending you fax advertisements.

Thank you for helping us stop illegal fax advertising.