High-Quality Video and Content Delivery

The number one provider of commercial peer-assisted delivery technology

Kontiki Privacy Principles

Kontiki, Inc. (Kontiki) values your
privacy and is committed to protecting it. We have created the
following Privacy Statement that sets forth the privacy principles
that we follow. The Kontiki Privacy Statement was last updated
on April 22, 2003.

INFORMATION THAT MAY BE COLLECTED

The following categories of information are intended
to help clarify what information may be collected when you use
the Kontiki Delivery Grid (also known as the “Kontiki Relay
Network” or the “Kontiki Delivery Network”) and
how that information may be used.

1) Personal Information
What is it?

Personal Information is information that could allow
someone to identify or contact you, such as your name, your email
address, or a username or password, or information about other
personal characteristics that you may choose to provide.

When is it collected?

Kontiki requests Personal Information from you when
you are invited to register with Kontiki. You may decide if you
would like to share it with Kontiki by registering. If you choose
not to register with Kontiki, the information will not be collected,
but you will also not be able to receive personalized communications
from Kontiki.

Besides Kontiki, a content provider may request your
Personal Information directly or you may provide it to them as
part of Kontiki’s registration process. In this case the
content provider’s privacy policies, and not Kontiki’s,
will apply. Prior to agreeing to provide this information to a
content provider, you should familiarize yourself with its privacy
policies to make sure you are comfortable with the way in which
your Personal Information may be used or disclosed.

How will this information be used?

If you provide it to Kontiki, your Personal Information
will be used by Kontiki to communicate with you about the Kontiki
Delivery Grid and Kontiki’s related products and services.
Kontiki will not disclose your Personal Information to any third
party in a manner that would make it possible to personally identify
you.

Besides Kontiki, a content provider may request your
Personal Information directly or you may agree to provide it to
them as part of Kontiki’s registration process. In this case
the content provider’s privacy policies, and not Kontiki’s,
will apply. Prior to agreeing to provide this information to a
content provider, you should familiarize yourself with its privacy
policies to make sure you are comfortable with the way in which
your Personal Information may be used or disclosed.

2) Usage Information

What is it?

Usage Information is information about the delivery
and playback of content using the Kontiki software, including the
name of content being delivered and the number of times it has
been played.

When is it collected?

The Kontiki software collects Usage Information while
you are using the Kontiki Delivery Grid. This information is also
collected after a piece of content has been delivered and after
it has been played.

How will this information be used?

The Kontiki software collects Usage Information to
allow content providers to better understand what their content
users are interested in. Kontiki may share Usage Information with
content providers or other parties, but does not disclose information
in any way in which Usage Information would be personally identifiable.
However, if you provide a content provider with Personal Information
such as a username and/or password (see “Personal Information” above),
that content provider may measure Usage Information for its specific
content. Accordingly, before giving Personal Information to any
content provider, we recommend that you familiarize yourself with
its privacy policies to make sure you are comfortable with how
your Usage Information may be used or disclosed.

3) Client Identifier

What is it?

A Client Identifier (Client ID) is used to indicate
a unique installation of a product, and is found in many popular
software applications like media players.

When is it collected?

You are automatically assigned a Client ID when you
download the Kontiki software. Even if you choose not to register
with Kontiki and decide not to provide your Personal Information,
you will be assigned a Client ID. All communications between the
Kontiki software on your computer and the servers that are part
of the Kontiki Delivery Grid use the Client ID to identify them.

How will this information be used?

We use the Client ID for the following reasons:

  • Security: The Client ID is used to verify
    that the deliveries you receive through the Kontiki Delivery
    Grid are correct. The Client ID also helps ensure that unauthorized
    third parties do not send incorrect or unauthorized content to
    other users on the Kontiki Delivery Grid.
  • Enabling the Grid: The Client ID enables
    the Kontiki Delivery Grid to operate more quickly by storing
    your deliveries on your computer and relaying them to other users
    on the Kontiki Delivery Grid who request the same content (if
    you are participating in the Kontiki Delivery Grid). Any such
    relaying or storage of content is carried out by the Kontiki
    Delivery Grid using the Client ID. Only content originating from
    Kontiki or its customers that you have requested for delivery
    through the Kontiki Delivery Grid may be relayed.

4) Diagnostic
Information

What is it?

Diagnostic Information is information that allows
performance of the Kontiki Delivery Grid to be monitored, including
IP addresses and other information relating to the delivery of
content (e.g., successful delivery rates, download times and locations,
etc.).

When is it collected?

This information is collected during transmission
of content and after a delivery has been completed.

How will this information be used?

Diagnostic Information is used to monitor performance
of the Kontiki Delivery Grid and to optimize its performance.

5) Cookies

What is it?

"Cookies" are files that are stored on your
computer. Cookies are commonly used by web sites and applications
that utilize the web in order to personalize the user experience.

When is it collected?

The Kontiki software will set a cookie when you first
launch it. This cookie will be automatically deleted if you do
not launch the Kontiki software again within 30 days. A new cookie
will be set if you launch the Kontiki software again after this
30 day period expires. Most Internet browsers allow you to disable
cookies if you wish. If you disable cookies, some of the functionality
of the Kontiki software may not be available to you.

How will this information be used?

The information stored in your cookie is used by
the Kontiki software when you have been logged in for longer than
30 minutes. This information lets the Kontiki Delivery Grid know
that you are still logged in and active on the grid.

SENDING
KONTIKI MATERIALS TO A THIRD PARTY

The Kontiki Delivery Grid enables you to invite third
parties to download the Kontiki software in order to view particular
pieces of content or to use the Kontiki software (“E-Mail
This”). This feature will ask you to provide us your name
and e-mail address as well as the e-mail address of the third party
to whom you are sending materials through the Kontiki Delivery
Grid. These addresses will not be used for marketing purposes without
your prior consent.

SECURITY

Kontiki cares about keeping your personal information
safe. We use industry standard software and procedures to secure
your personal information. We also encrypt messages relating to
content requests and deliveries between your computer and the Kontiki
Delivery Grid.

CHANGES TO THIS STATEMENT

Please note that Kontiki’s Privacy Statement
may change over time. We will post a notification on our website
when changes are made.

THIRD
PARTY SERVICE PROVIDERS

Third party service providers (such as hosting or
storage service providers) may be technically responsible for collecting
and maintaining some forms of information, but Kontiki contractually
prohibits its own third party service providers from using such
information in any manner inconsistent with this Privacy Statement.
Kontiki also uses reasonable efforts to require its customers to
take the same action with respect to their third party service
providers.

OTHER THIRD PARTIES

Kontiki reserves the right to disclose personally
identifiable information to third parties in rare special circumstances
such as: in response to valid legal processes like a search warrant,
subpoena, statute or court order; bankruptcy proceedings; or a
merger or acquisition. In such cases, Kontiki will disclose personally
identifiable information only to the extent reasonably necessary
and will use commercially reasonable efforts to prohibit any use
of the information by the third party receiving the information
that is inconsistent with this Privacy Statement.

KONTIKI.COM WEBSITE

No individually identifiable information will be
collected about a visitor to kontiki.com without the visitor’s
prior consent.

Visitors to kontiki.com may choose to provide their
e-mail address in order to receive updates and information about
the Kontiki Delivery Grid. If you have provided this information
to Kontiki and you later decide you no longer wish to receive the
e-mail updates, follow the directions below in the section entitled “Unsubscribing”.

UPDATING YOUR
INFORMATION

Kontiki strives to keep your personally
identifiable information accurate. The Kontiki software provides
you with access to your information so that you may view, update
or correct your information. To review or change your information
start the Kontiki software, click on Tools, select Registration,
update your information and click on Submit.

UNSUBSCRIBING

Upon your request, we will deactivate your account,
contact information, and any financial information from our active
databases. To make this request, email privacy@kontiki.com. Such
information will be deactivated as soon as reasonably possible
in accordance with our deactivation policy and applicable law.
We will retain in our files information you have requested to remove
in some circumstances, such as to resolve disputes, troubleshoot
problems and enforce our Terms of Use. Further, such prior information
is never completely removed from our databases due to technical
and legal constraints, including stored "back up" systems.
Therefore, you should not expect that all of your personally identifiable
information will be completely removed from our databases in response
to your requests.

Additionally, if you provide Personal Information
directly to a content provider either to access content or upon
request from a content provider, you will need to contact that
content provider directly in order to have this Personal Information
removed.

COLLECTING
INFORMATION FROM CHILDREN

Personal information is not knowingly collected from
children under the age of thirteen (13) and we ask that minors
(under the age of 13) do not submit any personal information to
Kontiki.

NOTICE
TO EMPLOYEES OF KONTIKI'S CUSTOMERS

If you received the Kontiki software as the employee
or contractor of an enterprise customer of Kontiki, use and disclosure
of Personal Information and Usage Information by your employer
is subject to your employer’s policies and practices. If
you want to know more about these policies and practices, you should
contact an appropriate person at your employer.