Safe Harbor Statement – Fios Inc

Safe Harbor Statement

Fios respects individual privacy and values the confidence of its customers and their employees, business partners and others who may use our services. Fios strives to collect, use and disclose personal information in a manner consistent with applicable laws and our contractual commitments. Accordingly, this Safe Harbor Statement sets forth the privacy principles that Fios follows with respect to transfers of Personal Information, whether it is in electronic, paper or verbal format, received from member states of the European Union, Switzerland, Iceland, Liechtenstein and Norway (the European Economic Area, herein referred to as "EEA").

Definitions

"Fios" means Fios, Inc. and successors.

"Personal Information" means information that can directly or indirectly lead to the identification of a person living in the EEA. Personal Information does not include information that has been anonymized, encoded or otherwise stripped of its identifiers, or information that is publicly available, unless combined with other non-public personal information.

About The Safe Harbor Program

The European Commission, the Government of Switzerland and the United States Department of Commerce have agreed on a set of data protection principles and frequently asked questions (the "Safe Harbor Principles") to enable U.S. companies to satisfy European Union and Swiss law requirements for adequate protection of personal information transferred from the EU and Switzerland to the United States. The EEA also has recognized the U.S. Safe Harbor as providing adequate data protection. Consistent with its commitment to protect personal privacy, Fios adheres to the Safe Harbor Principles (See www.export.gov/safeharbor.)

The following privacy principles are based on the Safe Harbor Principles.

1. Notice and Choice: To the extent permitted by the Safe Harbor Agreement, Fios reserves the right to process personal information in the course of providing professional services to our clients without the knowledge of individuals involved. Where Fios collects Personal Information directly from individuals in the EEA, Fios will inform them about the purposes for which it collects and uses their Personal Information, how to contact Fios, the types of non-agent third parties with whom Fios shares their Personal Information, and the choice and means, if any, Fios offers individuals for limiting the use and disclosure of their Personal Information.

Consistent with the Safe Harbor requirements, Fios may not be in a position to furnish notice in certain limited situations. Specifically, notice is not required where the processing of Personal Information is necessary to respond to a government inquiry; is required by applicable laws, court orders or government regulations; or is necessary to protect Fios' legal interests and providing notice would interfere with those interests.

2. Data Integrity: Fios processes Personal Information only in ways compatible with the purpose for which it was collected or subsequently authorized by the individual. To the extent necessary for such purposes, Fios takes reasonable steps to make sure that Personal Information is accurate, complete, current, and otherwise reliable with regard to its intended use.

3. Disclosures and Transfers: Fios will not disclose an individual's personal information to third parties, except when one or more of the following conditions apply:

• Fios has the individual's permission to make the disclosure;
• The disclosure is required by law or professional standards;
• The disclosure is reasonably related to the sale or disposition of all or part of Fios' business;
• The information in question is publicly available;
• The disclosure is reasonably necessary for the establishment or defense of legal claims; or
• The disclosure is to another Fios entity or to persons or entities providing services on our or the individual's behalf (each a "transferee"), consistent with the purpose for which the information was obtained, if the transferee, with respect to the information in question:
  • is subject to law providing an adequate level of privacy protection;
  • has agreed in writing to provide an adequate level of privacy protection; or
  • subscribes to the Safe Harbor Principles and has Safe Harbor certification.

4. Security: Fios has implemented reasonable procedures and takes reasonable precautions to protect Personal Information in its possession from loss, misuse, unauthorized access, disclosure, alteration, and destruction.

5. Enforcement: Fios has established internal mechanisms to verify its ongoing adherence to this Statement. Individuals covered by this Statement may raise any concerns about our processing of their Personal Information by contacting Fios' Legal Department at the address below or by contacting their local privacy officer or Legal Department. Fios will seek to resolve any concerns. Fios has also agreed to participate in the dispute resolution program provided by the European Data Protection Authorities. If Fios or such authorities determine that Fios did not comply with this policy, Fios will take appropriate steps to address any adverse effects and to promote future compliance.

6. Effective Date: This Safe Harbor Statement is effective as of December 8, 2009 and replaces Fios' previous Safe Harbor information in its Privacy Policy.

7. Contact Information: Questions or comments about this Safe Harbor Statement should be directed to Fios, 921 SW Washington St., Suite 850, Portland, OR 97205, Attn: Corporate Counsel, or e-mail us at info@fiosinc.com.