Statement Concerning the Protection of Customer Proprietary Network Information And Explanation of How Companys Procedures Ensure Compliance

ith !CC "ules

1. Vodex Communications Corporation, ("Company") is a telecommunications carrier subject to the requirements set forth in Section !."##$ of the %ederal Communications Commission&s ('%CC&s() rules. Company has established policies and procedures to satisfy compliance )ith the %CC&s rules pertainin* to use, disclosure and access to customer proprietary net)or+ information ('C,-.() set forth in sections !."#1 et. seq. ". /he Company reco*ni0es that C,-. includes information that is personal and indi1idually identifiable, and that pri1acy concerns ha1e led Con*ress and the %CC to impose restrictions upon its use and disclosure, and upon the pro1ision of access to it by indi1iduals or entities inside and outside the Company. 2. /he Company has desi*nated a C,-. Compliance 3fficer )ho is responsible for4 (1) communicatin* )ith the Company&s attorneys and5or consultants re*ardin* C,-. responsibilities, requirements and restrictions6 (") super1isin* the trainin* of Company employees and a*ents )ho use or ha1e access to C,-.6 (2) super1isin* the use, disclosure, distribution or access to the Company&s C,-. by independent contractors and joint 1enture partners6 (!) maintainin* records re*ardin* the use of C,-. in mar+etin* campai*ns6 and (7) recei1in*, re1ie)in* and resol1in* questions or issues re*ardin* use, disclosure, distribution or pro1ision of access to C,-.. !. Company employees and a*ents that may deal )ith C,-. ha1e been informed that there are substantial federal restrictions upon C,-. use, distribution and access. .n order to be authori0ed to use or access the Company&s C,-., employees and a*ents must recei1e trainin* )ith respect to the requirements of Section """ of the Communications 8ct and the %CC&s C,-. 9ules (Subpart : of ,art ! of the %CC 9ules). 7. ;efore an a*ent, independent contractor or joint 1enture partner may recei1e or be allo)ed to access or use the Company&s C,-., the a*ent&s, independent contractor&s or joint 1enture partner&s a*reement )ith the Company must contain pro1isions (or the Company and the a*ent, independent contractor or joint 1enture partner must enter into an additional confidentiality a*reement )hich pro1ides) that4 (a) the a*ent, independent contractor or joint 1enture partner may use the C,-. only for the purpose for )hich the C,-. has been pro1ided6 (b) the a*ent, independent contractor or joint 1enture partner may not disclose or distribute the C,-. to, or allo) access to the C,-. by, any other party (unless the a*ent, independent contractor or joint 1enture partner is expressly and specifically required to do so by a court order)6 and (c) the a*ent, independent contractor or joint 1enture partner must implement appropriate and specific safe*uards acceptable to the Company to ensure the confidentiality of the Company&s C,-.. . .f a customer calls Company requestin* information that is considered C,-., Company does not release such information unless customer pro1ides a pre<established pass)ord, requests that the information be sent to the customer&s address of record, or Company calls the telephone number of record and discusses the requested information.

=. >ithout customer appro1al, Company does not use, disclose or permit access to C,-. to pro1ide or mar+et ser1ice offerin*s )ithin a cate*ory of ser1ice to )hich the customer does not already subscribe, except as permitted by the %CC rules. ?. .nformation protected by Company includes information that relates to the quantity, technical confi*uration, type, destination, location and amount of use of a telecommunications ser1ice subscribed to by a customer and made a1ailable to Company by the customer solely by 1irtue of the carrier< customer relationship. 8lso protected is information contained in the bills pertainin* to telephone exchan*e ser1ice or telephone toll ser1ice recei1ed by a customer. $. Company does not use, disclose or permit access to C,-. to identify or trac+ customers that call competin* ser1ice pro1iders. 1#. Company has established a system by )hich they can determine )hether a customer has appro1ed or disappro1ed of Company&s release or use of C,-. prior to that information bein* used or released. 11. Company personnel are trained as to )hen they are and are not authori0ed to release or use C,-., and 1iolation of these rules )ill subject personnel to express disciplinary action (includin* remedial trainin*, reprimands, unfa1orable performance re1ie)s, probation, and termination), dependin* upon the circumstances of the 1iolation (includin* the se1erity of the 1iolation, )hether the 1iolation )as a first time or repeat 1iolation, )hether appropriate *uidance )as sou*ht or recei1ed from the C,-. Compliance 3fficer, and the extent to )hich the 1iolation )as or )as not deliberate or malicious). 1". .f and )hen customer appro1al to use, disclose, or permit access to customer C,-. is desired, Company obtains such customer appro1al throu*h )ritten or oral methods (ho)e1er, )e only utili0e the oral authori0ation to obtain limited, one<time use of C,-. for inbound and outbound customer telephone contacts, and such C,-. authority, if *ranted, lasts only for the duration of that specific call). Company honors a customer&s appro1al or disappro1al until the customer re1o+es or limits such appro1al or disappro1al. 12. Company has established a procedure )hereby all sales personnel must obtain super1isory appro1al of any proposed outbound mar+etin* request for customer appro1al of the use of C,-. and records reflectin* carrier compliance )ith the Commission 9ules are maintained for a minimum of one year. 1!. ,rior to any solicitation for customer appro1al, Company pro1ides notification to customers of their ri*ht to restrict use of, or disclosure of, and access to the customer&s C,-.. 9ecords of these notifications are maintained for a period of at least one year. 17. Company&s notifications pro1ide information sufficient to enable our customers to ma+e informed decisions as to )hether to permit the use or disclosure of, or access to, their C,-.. Company&s notifications do4 (1) contain a statement that the customer has a ri*ht, and Company has a duty under federal la), to protect the confidentiality of C,-.6 (") specify the types of information that constitute C,-. and the specific entities that )ill recei1e the C,-.6 (2) describe the purposes for )hich the C,-. may be used6 and (!) inform the customer of the ri*ht to disappro1e those uses and deny or )ithdra) access to or use of C,-. at any time. 1 . Company&s notifications inform the customer that any appro1al or denial of appro1al for the use of C,-. outside of the ser1ice to )hich the customer already subscribes is 1alid until the customer affirmati1ely re1o+es or limits such appro1al or denial.

1=. Company ad1ises its customers of the precise steps the customer must ta+e in order to *rant or deny access to C,-., and that denial of appro1al )ill not affect the pro1ision of any ser1ices to )hich the customer subscribes. 1?. Company maintains a record of its sales and mar+etin* campai*ns that use customer&s C,-.. %urther, a record of all instances )here C,-. )as disclosed or pro1ided to third parties or )here third parties )ere allo)ed access to C,-. is maintained by Company. /hese records reflect a description of the campai*ns, the specific C,-. used in the campai*n and )hat products or ser1ices )ere offered as part of the campai*n. /hese records are retained for a minimum of one year. 1$. Company maintains appropriate paper and5or electronic records that allo) its employees, independent contractors and joint 1enture partners to clearly establish the status of each customer&s 3ut<out and5or 3pt<.n appro1als (if any) prior to use of the customer&s C,-.. /hese records include4 (i) the date(s) of any and all of the customer&s deemed 3pt<out appro1als and5or 3pt<in appro1als, to*ether )ith the dates of any modifications or re1ocations of such appro1als6 and (ii) the type(s) of C,-. use, access, disclosure and5or distribution appro1ed by the customer. "#. ;efore a customer&s C,-. can be used in an out<bound mar+etin* acti1ity or campai*n, the Company&s records must be chec+ed to determine the status of the customer&s C,-. appro1al. Company employees, independent contractors and joint 1enture partners are required to notify the C,-. Compliance 3fficer of any access, accuracy or security problems they encounter )ith respect to these records. .f ne), additional or extended appro1als are necessary, the C,-. Compliance 3fficer )ill determine )hether the Company&s '3pt<3ut C,-. -otice( or '3pt<.n C,-. -otice( must be used )ith respect to 1arious proposed out<bound mar+etin* acti1ities. "1. .f a breach of C,-. occurs, Company )ill pro1ide electronic notification of the breach to the :.S. Secret Ser1ice and the %;. as soon as practicable and in no e1ent more than se1en (=) days after reasonable determination of the breach. Company )ill also notify customer )ithin se1en (=) more days unless there is a ris+ of immediate and irreparable harm to the customer in )hich case Company )ill notify the customer immediately after consultin* )ith and in cooperation )ith the rele1ant in1esti*ati1e a*ency. Company )ill +eep records or disco1ered breaches for at least t)o (") years. "". .f Company determines that the opt<out mechanisms did not )or+ properly, Company )ill notify the Commission by )ay of )ritten notification )ithin fi1e (7) business days of said determination. /he notice )ill be in the form of a letter and include, amon* other thin*s, a description of the opt<out mechanism used, the problem experienced, the remedy proposed and )hen it )ill be or )as implemented. .n addition, the letter )ill inform the Commission as to )hether or not the rele1ant state commission has been notified, )hether it has ta+en any action, a copy of the notice pro1ided to the customer and contact information. /his notice )ill be submitted e1en if Company has other methods in place by )hich consumers may opt<out.