NETWORK FOUNDATION TECHNOLOGIES™ 

PRIVACY POLICY 

      Network Foundation Technologies, LLC respects your privacy.  We recognize the potential of technology to help you communicate with us via our website and through e-mail and we would like to use this technology to develop a relationship with you.  This Privacy Policy below details the measures taken by Network Foundation Technologies, LLC ("NFT") to protect your privacy in connection with your use of www.NiFTyTV.com (our "product" site), www.nft-tv.com (our "corporate site") and other sites owned or operated by NFT (collectively, "Site").  Please read the following to learn more about our Privacy Policy, which includes compliance with California Privacy Rights (see also http://www.privacyprotection.ca.gov).

      This Privacy Policy is incorporated into and is subject to the Terms of Use (click to hyperlink).  If you do not agree to the terms of this Privacy Policy or the Terms of Use (click to hyperlink) and applicable content usage terms and conditions, please do not provide NFT with any information and do not use the Site.  Your continued use of the Site after the Privacy Policy has been modified will signify your acceptance of the changes for information gathered after the date of the change.  Please note that this Privacy Policy applies only to our online collection and use of information and does not apply to any information that you may provide to us by other means, such as via mail or telephone.

      Your California Privacy Rights

      Residents of the State of California, under certain provisions of the California Civil Code, have the right to request from companies conducting business in California a list of all third parties to which the company has disclosed personally identifiable information ("PII") during the preceding year for direct marketing purposes. Alternatively, the law provides that if the company has a Privacy Policy that gives either an opt-out or opt-in choice for use of your PII by third parties (such as advertisers or affiliated companies) for marketing purposes, the company may instead provide you with information on how to exercise your disclosure choice options.

      NFT has opted for the alternative option and therefore it has a comprehensive Privacy Policy and provides you with details on how you may opt-out to the use of your PII by third parties for direct marketing purposes. Therefore, we are not required to maintain or disclose a list of the third parties that received your PII for marketing purposes during the preceding year. If you are a California resident and request information about how to exercise your third party disclosure choices, you must send a request to the following address with a preference on how our response to your request should be sent (email or postal mail):

Network Foundation Technologies, LLC

818 Nelson Avenue

Ruston, LA  71272

Attn: Your California Privacy Rights

E-mail:  webpolicy@niftytv.com 
 

Overview

   This policy statement discloses our privacy practices including the notification of:

The Details

      In general, you may visit our Site and access information while not revealing any individual user information other than Technology Related Information (defined below).  When you are generally using this Site, or when you e-mail us, such use will be governed by the Terms of Use (click to hyperlink).  You may be required to register to use portions of the Site.  The types of individual user information collected in the registration process may include your name, e-mail address, date of birth, website name, website URL and other PII and other information volunteered by you.  NFT collects PII when you register with NFT, when you visit Site pages and when you deliver communications to the Site.  NFT may combine information about you that we have with information we obtain from clients, business associates or otherwise.  Without limitation, information collected, including PII, may be used by NFT for internal research purposes, marketing, promotions and public relations, subject to the terms of our Privacy Policy.  NFT will not disclose, transfer, sell or otherwise communicate your PII to any third party, other than NFT's parent, subsidiaries and affiliates, and each of (i) their employees, vendors and/or contractors, and (ii) owners or licensors of content accessed on the Site and/or (iii) their clients, and/or their client's clients ("Disclosed Parties") in each case subject to NFT's Privacy Policy, unless you give NFT permission to do so except as set forth in this Privacy Policy. Without limiting the generality of the foregoing, NFT will share PII with its clients and with other companies that have partnered with NFT or its clients, including, without limitation, in connection with on-Site promotions, the providing of content in connection with the Site or otherwise as well as with any other party that led you to the Site through a communication or other means employed by or on behalf of such party (each, a "Disclosed Party").  However, when you register, NFT will provide you the opportunity to opt-out from having your PII disclosed to third parties for direct marketing purposes other than those of NFT itself.  You can also opt-out of NFT's use of you PII for its own direct marketing purposes as explained under the "Consent/Opt-out" section below.  Additionally, NFT may disclose any information you provide if required to do so by law or pursuant to a request by law enforcement or if we have a good faith belief that disclosure is necessary to (i) comply with the law or with the legal process; (ii) protect and defend the rights or property of NFT or third parties; or (iii) act in an emergency to protect someone's safety or legal rights ("Mandatory Disclosures").  Further, as we develop our business, we may buy or sell assets or change our name or form of entity, and, depending upon the transaction, your PII may be one of the transferred assets; provided, however, we will not sell or transfer PII except subject to the terms of our Privacy Policy.  For instance, in the event that NFT is acquired by another company, your PII may be part of the assets transferred to the acquiring party.  NFT will notify you before PII about you becomes subject to a different privacy policy.  The collected information may be provided in the aggregate to other third parties not disclosed above, including potential business partners and advertisers, but this information is not linked to any PII before it is disclosed unless NFT has obtained your consent.  Notwithstanding anything to the contrary herein, when you use co-branded services that indicate each co-branding party's own privacy policy applies to its collection and use of PII, you are giving us permission to pass any PII you provide in the context of such co-branding and marketing relationship, back to our co-branding partner. Their use of your information is subject to their own privacy policies.

      To help administer our Site and provide a positive experience while visiting our Site, NFT does collect technology-related information.  "Technology-Related Information" may include, but is not limited to, the following: source IP address, domain name, date and time visited and visited pages.  A "cookie" is a small line of text that is stored with your Web browser for record-keeping purposes and to help us provide better service to you.  Your browser has options to accept, reject or provide you with notice when a cookie is sent.  We may use cookies for a variety of purposes such as to save your password so you don't have to re-enter it each time you visit our site, or to deliver content (which may include third party advertisements) specific to your interests.  NFT may set and access NFT "cookies" and other technological tools on your computer.  NFT may allow other companies that show advertisements on some of our pages and the Disclosed Parties set and access their cookies on your computer.

      NFT has no control over the information collected from or about you by any third party after you have left the Site.  By clicking on links to other websites, advertisers and other third parties, you are leaving the Site.  Once you have left the Site, NFT does not control the data collection and privacy practices, or other activities, of any third party linked to or from this Site and NFT assumes no liability and is not responsible for any practices of such third party locations.  Keep in mind that it is always possible that third parties may unlawfully intercept or access transmission of private communications and NFT assumes no liability and is not responsible for any such practices by third parties.

Consent/Opt-Out

      NFT may consider requests from unrelated third parties (i.e., other than the Disclosed Parties) to contact you, but we will not give that third party any PII unless NFT has obtained your consent.  You give this consent by failing to "opt-out" to having your information shared with third parties for direct marketing purposes when you register.  Additionally, NFT may itself send you information such as newsletters and information about media content, promotional events, marketing events and opportunities to participate in research studies and promotional activities, which may include references therein to third party products and services.  You may also opt-out of these solicitations when you register.  Alternatively, if you would like to exercise your right under the CAN SPAM Act to not receive future e-mail correspondence from us, except with respect to your transactions (including use of our Site) or communications with us regarding Mandatory Disclosures or as otherwise required by law, you may do so by using a link provided at the bottom of such communications.  You may review, change or delete any information (including, but not limited to, change your preferences in connection with receiving communications for direct marketing purposes) that you submitted to NFT by going to the registration page at any time.  You must include your name and a description of the information you would like to change.  Alternatively, you can send mail to the following postal address: Network Foundation Technologies, LLC, 818 Nelson Avenue, Ruston, LA  71272 (Attn: Privacy). 

Data Security

      NFT endeavors to ensure the commercially reasonable protection of user's PII.  We have implemented security measures to protect PII collected on our Site against loss, misuse or alteration.  However, the Internet is an open system and technology and human operators are not infallible.  Accordingly, we cannot and do not guarantee that the individual user information you have transmitted, including PII, will not be intercepted by others and/or decrypted or accidentally disclosed.  We cannot ensure or warrant the security of any information transmitted to us over the Internet, and we accept no liability for any unintentional disclosure.  In the unfortunate event that your "personal information" (as the term or similar terms are defined by any applicable law requiring notice upon a security breach) is compromised, we will notify you by e-mail or by posting a notice to your user account (at NFT's sole and absolute discretion) in the most expedient time reasonable under the circumstances; provided, however, delays in notification may occur while we take necessary measures to determine the scope of the breach and restore reasonable integrity to the system as well as for the legitimate needs of law enforcement if notification would impede a criminal investigation.  From time to time we evaluate new technology for protecting information, and when appropriate, we upgrade our information security systems.

Changes to the Privacy Policy

      As a user of the Site, please understand that our Privacy Policy may change from time to time.  You should check the Privacy Policy and Terms of Use (click to hyperlink) each time you visit the Site as the use of the Site constitutes acceptance of the then current Privacy Policy and Terms of Use (click to hyperlink).  If we decide to make any material changes, we will post these changes on the Site.  If, at any point, we decide to use PII in a manner different than what was stated at the time it was collected, we will notify users of this change by email.  Users will have a choice as to whether or not we use their information in this different manner.  NFT will use information in accordance with the privacy policy under which the information was collected unless you agree otherwise.

A Special Note about Children, Children's Privacy and Our Compliance with the Children's Online Privacy Protection Act

      In compliance with the Children's Online Privacy Protection Act ("COPPA"), we are a general audience site and do not intend to collect any PII from children under thirteen (13) years of age, unless we believe such collection to be permitted by law.  Our Site targets an audience that is eighteen (18) years of age or older and some content may not be appropriate for all ages.  Parental supervision is recommended.  If you are the parent or guardian of a child under thirteen (13) and believe that he or she has disclosed PII to us, please contact us at the following e-mail address: webpolicy@niftytv.com. Upon request, the parent or guardian of a child under thirteen (13) may review and request the deletion of such child's PII, as well as refuse to permit the further collection or use of such PII.

Questions

      Still have Questions?  If you have any questions, or believe NFT is not abiding by our posted Privacy Policy, you should contact NFT's privacy manager by email at webpolicy@niftytv.com.  Alternatively, you can send mail to the following postal address: Network Foundation Technologies, LLC, 818 Nelson Avenue, Ruston, LA  71272 (Attn: Privacy).

Sole Statement

      This Privacy Policy as posted on the Site is the sole statement of NFT's privacy policy with respect to this Site and other sites controlled by us, and no summary, modification, restatement or other version thereof, or other privacy statement or policy, in any form is valid.

Effective Date

      This Privacy Policy was last changed and posted on our Site on October 11, 2007.

©Network Foundation Technologies, LLC

All Rights Reserved. 

Network Foundation Technologies, LLC

818 Nelson Avenue

Ruston, LA  71272