Privacy Policy

Kontiki, Inc. (“Kontiki”) is committed to following all applicable privacy laws and regulations and keeping you informed of what information it collects or otherwise receives about you when you visit www.kontiki.com (the “Website”) or when you use the Kontiki Enterprise Content Delivery Network (Live or Video on Demand) and VideoCenter Portal services (the “Services”), and how Kontiki uses such information. The following Privacy Policy is part of that commitment.

PERSONALLY IDENTIFIABLE INFORMATION
The Website. No personally identifiable information (such as names, e-mail addresses, telephone numbers, etc.) is automatically collected from visitors to the Website. In the event Kontiki requests any such information from you, it will only be collected if you provide it on a voluntary basis, and Kontiki will alert you in advance of the use to which such information will be put and to whom it may be provided. For example, Kontiki may ask for your name and e-mail address in order to send you communications of interest about Kontiki. In such a case, Kontiki will use your name and e-mail address only for this purpose, and will not share it with any third party, except that Kontiki may disclose personally identifiable information in order to comply with a court order or subpoena, a request from a law enforcement agency to release information, or to otherwise comply with other legal or governmental requirements.
The Services. In order to request additional information about the Services or to register to use the Services, Kontiki requests that you provide your contact information, such as name, company name, address, phone number, and email address (“Contact Information”). In addition, Kontiki may ask you to provide information about your company, such as annual revenues, number of employees, or industry (“Firmographic Information”). For security purposes, you may also be asked to create user names and/or passwords (“Passwords”) in order for you or your company’s personnel to use the Services. In your use of the Services, you may upload your proprietary data and/or content to the Services (“Content”). Contact Information, Firmographic Information, Passwords and Content are, collectively, “Company Information.” Kontiki will not use Company Information other than in connection with operating and supporting your use of the Service, and facilitating your continued paid use of the Services through a further agreement with Kontiki. Kontiki will not share your Company Information with any third party, except that Kontiki may disclose personally identifiable information in order to comply with a court order or subpoena, a request from a law enforcement agency to release information, or to otherwise comply with other legal or governmental requirements.

NON-PERSONALLY IDENTIFIABLE INFORMATION
The Website. Certain non-personal information (such as the domain name of the visitor’s Internet service provider) is collected in the normal operation of Kontiki’s Internet servers. In addition, when you visit the Website, Kontiki may also collect information through the use of commonly-used information-gathering tools, such as cookies and Web beacons. This information includes standard information from your Web browser (such as browser type and browser language), your Internet Protocol address, and what you do when you visit the Website (such as the pages viewed and the links clicked). This information is primarily used for internal purposes, and only in non-personally identifiable form. However, Kontiki may from time to time provide this information in aggregated, non-personally identifiable form to other parties for marketing, advertising or other use.
The Services. As part of using the Services, you or your Company’s employees (“Service Users”) will be required to download and store a copy of the Kontiki desktop client application (the “Kontiki Client”) on each Service Users’ machine through which such Service User intends to access the Services. The Kontiki Client facilitates your access to Content by communicating with Kontiki’s servers and other Service Users’ machines. As part of its functioning, the Kontiki Client transmits to Kontiki’s servers certain information regarding your use of the Services, such as Content viewed, length of time using the Services, and speed of Content delivery (“Usage Data”). Usage Data is collected on a non-personally identifiable basis and is not associated with your Contact Information or Password. Usage Data is used by Kontiki only in connection with operating and supporting your use of the Services, facilitating your continued paid use of the Services through a further agreement with Kontiki, and improving the Services generally. In addition, Kontiki may from time to time provide Usage Data in aggregated, non-personally identifiable form to other parties for marketing, advertising or other use.

THIRD PARTY WEBSITES
The Website and the Services may contain links to other websites which enable you to visit other sites through your Internet browser. Kontiki is not responsible for the privacy practices or the content of any such other websites. Before interacting with any other website, you should be sure you are comfortable with its privacy practices.

COPPA COMPLIANCE
Activities on this Website and the Services are carried out in compliance with the Federal Children’s Online Privacy Protection Act. In accordance with the requirements of that Act, no personal information (including name, mailing address, telephone number and email address) will be collected from any visitor under the age of 13 without first obtaining verifiable consent from the parent or legal guardian of such child. Accordingly, no information should be submitted to or posted at this site by visitors under the age of 13 without the consent of their parent or legal guardian. Parents or legal guardians may consent to the provision of personal information from their children under the age of 13, request to review information collected from their children under the age of 13, may ask to have that information deleted, and may refuse to allow further collection or use of any child’s information. In order to take any such actions, parents or legal guardians should contact Kontiki as specified below under “Contact Us”.

ACCEPTANCE OF PRIVACY POLICY
By using this Website or the Services, you signify your assent to this Privacy Policy. If you do not agree to the terms of this policy, please do not use the Website or the Services. Kontiki reserves the right, at its discretion, to change, modify, add, or remove portions of this Privacy Policy at any time. Please check this page periodically for changes. Your continued use of this Website and the Services following the posting of changes to these terms will mean that you accept those changes.

CONTACT US
If you would like to correct information you have provided us, unsubscribe from communications, terminate use of the Service or otherwise have any questions about this Privacy Policy, you may email us at any time at privacy@kontiki.com or write to Privacy Policy, Kontiki, Inc., 1001 W. Maude Avenue. Sunnyvale, CA 94085.

This Privacy Policy was last updated on September 2, 2009.