Privacy and Security Statement

CXP Solutions LLC, d/b/a "ConXPoint," ("ConXPoint", "we", "us" or "our"), is a licensee of the TRUSTe Privacy Program. TRUSTe is an independent, non-profit organization whose mission is to build user’s trust and confidence in the Internet by promoting the use of fair information practices. This privacy statement, effective as of 10/16/2006, discloses the privacy and security practices of www.ConXPoint.com ("ConXPoint Public Website") and its password protected electronic business center application ("ConXPoint Business Center"). Because this Web site wants to demonstrate its commitment to your privacy, it has agreed to disclose its information practices and have its privacy practices reviewed for compliance by TRUSTe.

If you have questions or concerns regarding this statement, you should first contact Chris Eley at legal@ConXPoint.com. If you do not receive acknowledgement of your inquiry or your inquiry has not been satisfactorily addressed, you should contact TRUSTe at http://www.truste.org/consumers/watchdog_complaint.php. TRUSTe will then serve as a liaison with us to resolve your concerns.

This privacy statement describes the information we collect about you, how we gather your information, and how your information is used. This statement may seem lengthy because we have prepared a detailed statement providing you with as much information as possible concerning ConXPoint practices so you can make an informed decision to become our client and use our services. In this privacy statement we will be discussing two types of users. "Registered Users" are users who have registered and been approved as a user of a ConXPoint Business Center. "Non-registered Users" are users who have not registered or been approved as a user of a ConXPoint Business Center. "Visitors" are people who visit the ConXPoint Public Website but are not a Registered User nor a Non-registered User. Please review this privacy statement posted on the ConXPoint Public Website and on the ConXPoint Business Center from time to time, as it may be amended without notice for minor changes (for example, changes not affecting personal information). If we need to use personally identifiable information of a Registered User or a Non-Registered User in a manner different from that stated in this privacy statement at the time of collection, we will attempt to notify the user by email. Registered Users and Non-Registered Users will have a choice as to whether or not we use their information in this different manner. We will always post our most current privacy statement on the ConXPoint Public Website and on the ConXPoint Business Center. Minor changes to our privacy statement will be effective upon such posting. By using the ConXPoint Public Website and/or the ConXPoint Business Center, you consent to the use of your information as expressed in this privacy statement. Notwithstanding the above provisions, ConXPoint agrees to not resell, trade or rent any of your information to any third party.

The Personal Information We Collect, How It Is Gathered and Used

In the following paragraphs, we outline the services and activities in connection with which we gather your personal information and provide details on how that personal information is used.

• Visiting the ConXPoint Public Website: The ConXPoint Public Website only collects information that does not identify any person, company or project (such as your Internet Protocol (IP) address, browser type, operating system type, access time and page views (collectively, "Non-Identifiable Information"). As a general policy, only Non-Identifiable Information is automatically collected during your visit to the ConXPoint website.

• Registered Users of a ConXPoint Business Center: The ConXPoint Business Center collects two kinds of information: (1) information that identifies you, your company, or the service or project that we are doing for you (collectively, "Identifiable Information"); and (2) information that does not identify any person, company or project (such as your Internet Protocol (IP) address, browser type, operating system type, access time and page views (collectively, "Non-Identifiable Information"). As a general policy, only Non-Identifiable Information is automatically collected when you log into the ConXPoint Business Center. The ConXPoint Business Center also stores in a database the documents and information that you upload or enter when performing various business functions as a Registered User (collectively "User Content"). ConXPoint Business Center settings, matter or project settings and document settings (collectively the "Settings") made by an authorized administrator or manager of each client's ConXPoint Business Center determines which Registered Users can access each item of User Content and the level of authority that each Registered User has with respect to that item of User Content.

• Non-registered Users of a ConXPoint Business Center: Non-registered Users cannot log into a ConXPoint Business Center, however certain duly authorized Registered Users can enter the name and email address of a Non-registered User into a ConXPoint Business Center and the ConXPoint Business Center will send an email notification inviting the Non-registered User to sign an electronic document using part of the ConXPoint Business Center functionality by clicking on a link in the email and using a separately provided Personal Identification Number ("PIN") code to access the document. In such instances the name and email address of the Non-registered User, along with a copy of any document signed by the Non-registered User using the above described procedure, will be stored in the ConXPoint Business Center database in a manner and for the length of time specified by the Registered User issuing the invitation to the Non-registered User.

• Client Registration Process: In order to take advantage of the online business automation, communication and document sharing services offered on the ConXPoint Business Center ("Services"), you must be a ConXPoint Business Center client ("Client") or a Registered User that a Client has invited to participate in the Client’s ConXPoint Business Center. If you choose to become a Client, you will be asked to provide us with certain personal information about yourself and your company, including contact information such as your name, your company’s name, phone number, fax number, mailing and email address (collectively, "Contact Information").
  
  
  
  • We will maintain your Contact Information in our information database as long as you are an active Client. If you do not use the Services for a period of sixty (60) months, or if you or we terminate your account for any other reason, we will deactivate this information.
    
    
• ConXPoint Business Center Setup Process: If you elect to establish a ConXPoint Business Center as a Client and pay for the Services online by credit card or by Automatic Clearing House ("ACH") bank fund transfers, we will require that you provide us with your credit card number, ACH billing information and/or related information required for payment authorization (collectively, "Payment Information").
  
  
  • We will maintain all files related to the Services that we provide to you in our information databases for as long as you remain a Client and for an additional period as specified below. If you terminate your account for any reason, we will deactivate this information after the lesser of the amount of time it takes you to download the information that you want and notify us when you have completed the desired information retrieval or sixty (60) calendar days.
    

The Personal Information We Share and Who We Share It With

• Non-Identifiable Information: We may aggregate Non-Identifiable Information to create statistical data, which will be used to help analyze site traffic and improve our services. We may also use such aggregated information to describe ConXPoint Services to potential partners or other third parties. At no point, however will the aggregated information identify you, your business, or your documents or other information that you may enter or upload to the ConXPoint Business Center as part of using the Service(s).

• Contact Information: If you decide to use our Services, we may share your Contact Information with our programming developers, technology partners, salespeople, customer service representatives, accounting agents, and any other employees or contract service providers of ConXPoint that have signed a non-disclosure agreement and are needed to provide or support the Services and related ConXPoint activities.

• Referral Information: If you choose to use our referral service to tell a friend about our site, we will ask you for your friend’s name, phone number and email address. We will automatically send your friend a one-time email inviting him or her to visit the site. ConXPoint stores this information for the sole purpose of sending this one-time email and tracking the success of our referral program. Your friend may contact us at legal@ConXPoint.com to request that we remove this information from our database.

• Payment Information: If you elect to pay online for the Services by credit card or ACH transfer, we will share your Contact and Payment information with, VeriSign PayFlow Pro payment processing service, your bank, our bank, and other parties that perform functions on our behalf specifically in connection with the Services.

• The Internet service provider that hosts our website will have a site administrator (our Webmaster) with the ability to access all such information as part of website maintenance, but this service provider and the Webmaster have signed a non-disclosure agreement with us.

• Your company, as part of becoming a Client, will designate one or more Client administrator(s). The Client administrator(s) will have access to the Contact Information and other information entered on the Client’s ConXPoint Business Center by any Registered User authorized by the Client to use the Client’s ConXPoint Business Center.

• If you use the Services as a Registered User of another Client’s ConXPoint Business Center, your Contact Information and other information that you may enter or upload to that Client’s ConXPoint Business Center will be available to the Client administrator(s) and manager(s) of that ConXPoint Business Center. Your name, email address and other information that you voluntarily choose to enter or upload to that Client’s ConXPoint Business Center as part of participating in a business matter with that Client or its Registered Users will be available to the other Registered Users who are authorized by that Client’s administrator(s) or manager(s) to also participate in the same business matter with you.

Except as otherwise described herein, we do not distribute your Contact or Payment Information to parties other than those mentioned above, and we do not resell, trade, or rent any of your information to anyone.

Legal Requirements

We reserve the right to disclose any Identifiable or Non-Identifiable Information if required to do so by law or if we believe that such action is necessary in order to (i) conform with the requirements of the law or to comply with legal process served on ConXPoint or its Clients; or (ii) to protect or defend the legal rights or property of ConXPoint, the ConXPoint Business Center, or its Clients; or (iii) in an emergency to protect the health and safety of the ConXPoint users or the general public.

Communications

To provide our Clients with the highest quality of service it is necessary for us to send certain service-related communications. However Clients may opt-out of receiving any communication that is not service-related. The following paragraphs describe the communications that may be sent to our Clients.

• Special Offers and Updates
  We will occasionally send you information on products, services and promotions. You may sign up for these emails from us on our registration page.
  
  Out of respect for your privacy, we present the option not to receive these types of communications. We provide you the opportunity to ‘opt-out’ of having your personally identifiable information used for certain purposes, when we ask for this information. For example, if you purchase a service but do not wish to receive any additional marketing material from us, you can indicate your preference on our registration page.
  
  If you no longer wish to receive promotional communications, you may opt-out of receiving them by following the instructions included in each communication or by emailing us at legal@ConXPoint.com. We offer Registered Users an opportunity to opt-out of certain communications within the ConXPoint Business Center, or you may contact us at legal@ConXPoint.com to opt-out.
  
  You will be notified when your personal information is collected by any third party that is not our agent/service provider, so you can make an informed choice as to whether or not to share your information with that party.

• Service-related Announcements
  We will send you strictly service-related announcements on rare occasions when it is necessary to do so. For instance, if we add new features to our service, we might send you an email. Generally, you may not opt-out of communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account.

• Customer Service
  Based upon the personally identifiable information you provide us, we will send you a welcoming email to verify your successful user registration. We also will send email notices when another authorized user of your business center requests you to review or sign a document or perform some other authorized business task. We will also communicate with you in response to your inquiries, to provide the services you request, and to manage your account. We will communicate with you by email or telephone, based on the nature of the service request, but most service communications will be by email.

Cookies

For your convenience, we place "cookies" on your computer so that we may customize your experience on the ConXPoint website. Cookies are small text files from a website that are stored on your hard drive which make using a website more convenient by saving session preferences and settings for you. The cookies will store a Session I.D. number along with unique identifiers for the items you are currently viewing. We utilize temporary session cookies, which are deleted after some period of inactivity in your browser. Information from cookies may be analyzed and matched with the data described in this privacy policy. If you would like the option of deciding whether or not to accept a cookie, you can set your browser to notify you when a cookie is being sent to your hard drive. You may also delete a cookie manually from your hard drive. Please note, however, that some parts of the Services will not function properly if you refuse to accept a cookie or choose to disable your cookies setting.

Links

The ConXPoint website may contain links to other sites, including websites of our Clients and service suppliers that are not maintained by ConXPoint. We cannot guarantee the privacy or security of your Identifiable Information on those sites. Please review the privacy policy statement of any such websites before submitting any Identifiable Information.

Security Procedures

We have security measures in place to protect against the loss, misuse and alteration of the information under our control, both online and offline.

The ConXPoint website operates via secure data networks protected by industry standard firewall and password protection systems. We use Secure Socket Layer (SSL) Certificates for website identification and 128-bit encryption of data being sent via the Internet between the browser and our servers. All passwords and payment information are triple DES encrypted at all times and securely transferred for credit card processing. The servers on which we store your personal information are kept in a secure data center environment using industry-standard back-up and security procedures and protections.

All Client User information is restricted in our offices. Only employees who need the information to provide the Services are granted authorized access to personally identifiable information. All employees have signed a non-disclosure agreement prohibiting the unauthorized disclosure, use or distribution of any Client or User-related information or User Content. Furthermore, all employees are kept up-to-date on our security and privacy policies and practices and on the importance of maintaining and working with all Client information in a secure and confidential manner. Access to ConXPoint offices is restricted after normal business hours.

Although we have established and maintain commercially reasonable security procedures to protect your personally identifiable information and User Content, "perfect and absolute security" does not exist on the Internet or in most other business environments. Furthermore, due to the existing legal regulatory and security environment, we cannot fully ensure that our private communications, User Content and other personally identifiable information will not be disclosed to third parties. For example, as described above, we may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Additionally, in the unlikely event we need to investigate or resolve possible problems or inquiries, we can (and you authorized us to do so) disclose any information about you to private entities, law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate.

Transfer Of Assets

If another entity acquires us or all or substantially all of our assets, your Contact Information, Non-Identifiable Information and any other information about our Clients that we have stored in our databases will be transferred to such entity as one of the transferred assets, but ConXPoint agrees that any such transfer will continue to be subject to this or an equivalent privacy policy to be legally binding on the acquiring party and its assigns. If, as a result of this transfer, users’ personally identifiable information is to be used in a manner different than that stated at the time of collection, the acquiring entity will be contractually required to provide users with a choice consistent with our ‘Notification of Changes’ section below.

Notification of Changes

If we decide to change our privacy policy, we will post the revised privacy statement on the ConXPoint Public Website, ConXPoint Business Centers and in other locations we deem appropriate. We also will post a notice on the ConXPoint Business Center homepage of each Registered User informing users that our privacy policy has been changed and providing a link to the revised privacy statement, so our users have an opportunity to stay informed of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We will use information in accordance with the privacy policy under which the information was collected. If, however, we are going to use Personally Identifiable Information of Registered Users in a manner different from that stated at the time of collection we would notify each Registered User via e-mail. Registered Users will have a choice as to whether or not we use their information in this different manner. However, if users have opted out of all communication with the ConXPoint Business Center, or deleted/deactivated their Services account, then they will not be contacted, nor will their personal information be used in this new manner.

Changes to Information and Questions

Each Registered User can access and update their personal information online. In addition, each Client has one or more designated administrators that can add or delete Registered Users and access and update the Client’s information and that of all Registered Users within their account.

If you wish to (i) change or modify any of the information you have provided to us, (ii) terminate your Client account, or (iii) ask us questions concerning this privacy policy, please contact us by e-mail at legal@ConXPoint.com or by mail or delivery service at Three Financial Centre, Suite 401, 900 S. Shackleford Road, Little Rock, AR 72211-3849.