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We have updated our Privacy Policy – Last updated April 5, 2023.

PROTECTING YOUR PRIVACY – OUR COMMITMENT

NUWAVE respects your privacy and is committed to ensuring appropriate protections are in place for your personal data. We seek to comply with all currently applicable legislation regarding the protection, security and confidentiality of personal data. In this Privacy Policy (the “Policy”), we describe how we collect, use, disclose and protect personal data. We also outline the rights you may have in respect of your personal data held by us. The Policy relates to your personal data that we may access through your use of this website and in relation to any contract for goods or services or other commercial relationship we may have with you, or with anyone who provides you with access to any of our products and services (such as your employer) that may collect, store or otherwise process your personal data.

NUWAVE AND YOUR PRIVACY

Regardless of whether you are our customer, a visitor to one of our various NUWAVE websites, or someone we deal with in our day-to-day business, protecting your privacy is important to us and is a responsibility that we take very seriously.

This Policy applies to the different legal entities comprising the NUWAVE group, each of which may process your personal data. References to “Customer”, “You” or “Your” in this document shall include the Customer, Reseller and their end users.  References to “NUWAVE”, “We”, “Our or “Us” in this Policy refer to the relevant company within the NUWAVE group that is responsible for processing your personal data, as indicated in any contract for products or services you may hold with us.

Additional information on our personal data practices may be provided in contractual agreements, supplemental privacy statements, or notices provided to you prior to or at the time of collection of your personal data. For the purposes of this Policy, any reference to “Services” is a reference to all the products and services offered by NUWAVE, whether available online or offline, and any reference to “Sites” is a reference to any of the NUWAVE websites (including any NUWAVE cloud application websites), whether operated under the banner of NUWAVE or a brand name that we own.

Our use of your personal data is governed by this Policy as it may be updated from time-to-time. The most up to date version of the Policy will always be available at https://www.nuwave.com/policies/#policies . Your use of our Sites or Services, and any dispute over privacy, is subject to this Policy and our Terms of Service (which are incorporated by reference into this Policy) and any written contract for Services between you and us or any person who provides you with access to our Services. Depending upon your interactions with NUWAVE, other terms may also be applicable to you and our use of your personal data.

PERSONAL DATA WE COLLECT ABOUT YOU AND HOW WE COLLECT IT

Account Information: Contact and related information that allows us to communicate with you. We obtain this information when you order or register to receive any of our Services or information about our Services. We collect or receive information from you when you sign up for our Services, create an online account with us, make a purchase, request details or a call back, submit a technical, customer or billing support request, participate in a contest or survey, provide us with feedback or otherwise contact us. The type of information that we collect depends on your interaction with us, but may include, your name, address, telephone number (business or personal), email address (business or personal), postal/billing address (business or residential), and any other information that you choose to provide or is necessary for us to provide Services to you.

Billing Information related to your commercial and financial relationship with us, such as the services we provide to you, the telephone numbers you call and text, your payment history, your credit history, your credit card numbers, security codes and your service history.

Technical and Usage Information related to the Services we provide to you, including information about how you use our networks, services, products or websites. Some examples include:

• Equipment Data: Information that relates to and identifies the equipment on our and your networks that you may use or with which you interface for the Services you are receiving. Information might include equipment type, device identifiers, device status, serial numbers, settings, configuration, and software type.

• Network Performance and Service Usage: Information about the operation of the equipment, Services and applications you use on our networks or platform. Examples of this might include: call records including where a call was made from and to as well as its date, time, duration and cost (but excluding the content of the calls); the number of text messages sent and received; voice minutes used; bandwidth used and similar information (though We also collect information like transmission rates and delays, data associated with remote monitoring services and security characteristics, and information about your use of our interconnected voice over internet protocol (VoIP) services (including services purchased offline).

• Web Browsing: such as IP addresses, URLs, data transmission rates, and delays. We may also receive information about the pages you visit, the time you spend on them, the links or advertisements you see, click on and follow, the referring URL or the webpage that led you to our Sites, the search terms you enter, how often you open an application, and other similar information. Please see the section “Our Use of Cookies and other Tracking Mechanisms” below for more information on this.

• Location, direction and journey information: this will be collected based on any connected device you may use our Services on. It includes your ZIP/postal code and street address, as well as the whereabouts of your device. Location Information is generated when your device communicates with cell towers, Wi-Fi routers or access points and/or with other technologies. Any connected device that you own, or which is otherwise linked to you will generate such information that will then be associated with you.

We may collect the above personal data in the course of providing Services to you or to someone who has provided you with access to our Services. We may obtain this information in a number of ways, for example:

• directly from you: for example, when you make a purchase or provide your details in order to subscribe to our Services, submit a web enquiry or set up an account with us;

• automatically: when personal data is generated through your use of our Services or our Sites; and

• from third party sources: we sometimes collect personal data about you from trusted third parties, in connection with Services that we provide to you or propose to provide to you, where appropriate and to the extent we have a justified basis to do so. These include fraud-prevention agencies, business directories, credit check reference/vetting agencies and connected network providers. Anyone who provides you with access to your Services may also provide us with your personal data in that context.

We may combine the personal data that we receive from such other sources with personal data you give to us and with information we automatically collect about you, for example where we need to run a credit check, and then compile a profile of you based on the credit check data and the personal data you have provided.

HOW DO WE USE THE PERSONAL DATA WE COLLECT?

We set out below some of the ways in which we process personal data:

• to fulfil obligations under contract. This includes providing our Services to you; to communicate with you about your use of our Services; to obtain and process payment from you and to fulfil your orders for Services and any obligations on us relating to those services;

• for the purpose for which you specifically provided the information to us, including, to respond to your inquiries, to provide any information that you request, to address technical support tickets, and to provide customer service support;

• to make our Services and communications more relevant to you, including generating customer profiles, delivering customized content to you, to offer location customization, personalized help and instructions, and to otherwise tailor your experiences while using our Sites or our Services;

• to better understand how customers and other third parties access and use our Sites and Services, both on an aggregated and individualized basis;

• to administer, monitor, improve and customize our Sites and Services, for our internal operations, including troubleshooting, network management and network optimization, research and analytical purposes, so that we can provide our customers with a better customer experience;

• to investigate, prevent or take action regarding illegal activities, fraud, threats to our property or personnel and violations of our Terms of Service and/or applicable law and also to meet our legal and regulatory obligations;

• to notify you about our new product releases and service development, alerts, events, updates prices, terms, special offers and associated campaigns and promotions (including via newsletters). Therefore, we and selected third parties may use your personal data to send you marketing communications about products and services based on your preferences and interest. You have a choice and can object to our use of your personal data for marketing purposes. When we are required by law to do so, we will obtain your consent before using your personal data for marketing purposes. If you do opt out, we will stop sending you marketing communications, but we will continue sending you non-marketing communications that relate to the Services you are using (for example billing information, software/portal update communications, password resets etc);

• if you attend an event, we may process information about you gathered in relation to the event and may share information about your attendance with your company. We may also permit designated event partner or conference sponsors to send you communications related to the event if you have shared your contact information at the event. Please note that sponsors from other companies may directly request information about you at their conference booths or presentations, and their use of your personal data that you provide to them will be subject to their privacy policies;

• to assist us in advertising our products and services in various mediums including, sending promotional emails, advertising our services on third party sites and social media platforms, direct mail, and by telemarketing;

• where we ask you for specific consent to a use of your personal data, we will use it in the ways we explain at the time of obtaining that consent; and

• in any way required by law, regulation or the public interest such as in response to requests or orders by government or law enforcement authorities conducting an investigation or to respond to an emergency. This use may require us to disclose your personal data including contact details and/or information about your usage of our Services to relevant authorities or to block, intercept or otherwise interfere with your use of our Services and any personal data generated by that usage. Achieving a balance between, on the one hand ensuring protections for the privacy and other fundamental human rights that may be exercised through use of our Services and, on the other, the exercise of lawful investigatory powers for the public good on the other can be complicated. We do not accede to such requests without careful consideration of all the circumstances. Even where we are legally obliged to disclose personal data, we will give careful consideration to the extent to which doing so will infringe on the fundamental rights, including the right to privacy, of any person whose personal data is to be disclosed or intercepted and we take whatever steps are practicable to mitigate and minimize any such infringement.

WHAT IS THE JUSTIFICATION FOR THESE USES?

In the EU, our justification (sometimes referred to as “legitimate” or “lawful basis” legal basis) for processing any particular category of personal data will vary depending on the information itself, our relationship with the subject of the personal data, the Service being provided, the specific legal and regulatory requirements of the country in which the Services are being provided, the personal data processed and many other factors. Subject to modifications in specific countries, the legal bases for our processing are as follows:

In order to communicate adequately with you as a user of our Services and to respond to your requests, we need to process information about you and therefore have a legitimate interest in processing this information to ensure the efficient and effective operation of our business;

In order to engage in transactions with customers, suppliers and business partners, and to process purchases and effect installation of our products and deliver Services, we need to process information about you as necessary to enter into or perform a contract with you;

We process personal data for marketing and sales activities based on your consent, where it is required and so indicated on our sites or at the time your personal data is collected, or further to our legitimate interest to market and promote our products and services;

We rely on our legitimate interests to process personal data and other information in order to analyze, develop, improve and optimize our Sites, products and Services, and to maintain the security and integrity of our Sites, network and systems. We also have a legitimate interest in using your personal data in connection with legal claims, compliance, regulatory and investigative purposes as necessary or because applicable laws (including telecommunications laws), regulations or the public interest require us to, such as to comply with legal processes, law enforcement or regulatory authorities or to assist in the prevention, detection or prosecution of crime or to process an opt-out request.

We have carried out balancing tests for all the data processing we carry out on the basis of our legitimate interests and which we have described above. You can obtain information on any of our balancing tests by contacting us using the details set out in this Policy. In all other countries (except in the EU or in jurisdictions where similar EU type requirements exist), our justification for processing your personal data will be based on your consent and/or acceptance of the Terms of Service and this Policy. In all situations, where you withhold any personal data requested by us, we may not be able to provide you with certain Services or parts of Services or functionality.

WHEN DO WE SHARE OR DISCLOSE THE PERSONAL DATA WE COLLECT?

Subject to obtaining your consent as may be required in some jurisdictions, we may share or disclose your personal data as necessary for the purposes described above and as further detailed below:

• Corporate Affiliates. We may disclose the personal data we collect from you to our corporate affiliates. Where permitted by law and with your consent where required, our affiliates may use your information for the purposes indicated in this Policy, including to market their products and services to you. In processing your personal data, our affiliates follow practices at least as protective as those described in this Policy.

• Business, Sales and Marketing Partners. We may offer some of our Services together with or through third parties who may be system integrators, resellers, solution partners, network partners and affinity organizations. If we do so, we will need to share your personal data with these third parties to assist in providing and marketing that Service to you, as well as to enable the third parties to market their own products and services to you (with your permission, if required). We may also share your personal data with companies that are system integrators, resellers, solution partners, network partners and affinity organizations, and whom we believe might offer products and services of interest to you (again with your permission, if required).

• Third-Party Service Providers. We employ other companies and individuals to perform functions that are necessary for the provision of the Services or for any of the purposes described above. Examples include: where permitted, jointly offering a product or service, sending communications, processing payments, assessing credit and compliance risks to give you access to our Services, fraud and financial crime prevention detection and prosecution, analyzing data, providing marketing and sales assistance (including advertising and event management), customer relationship management, providing training, these third parties include; system integrators, resellers, solution partners, network partners, affinity organizations, third party vendors, service providers, contractors or agents, and other carriers or providers that we may disclose personal data to where necessary to provide our Services or fulfil your requests or orders, as well as entities that provide website hosting, service/order fulfilment, customer service, and credit card processing, effecting payments, among others. These third-party service providers have access to personal data needed to perform the functions we have entrusted to them but may not use it for other purposes where they process your personal data on our behalf. Whenever we share personal data with third parties, we take steps to ensure that third party contracts contain appropriate protections for your personal data.

• Business Transfers. If we are acquired by or merge with another company, or if substantially all of our assets are transferred to another company (which may occur as part of bankruptcy proceedings), we may transfer your personal data to the other company. We may also need to disclose your personal data before any such acquisition or merger, for example to our advisers and any prospective purchaser’s adviser.

• Legal Protection and in Response to Legal Process. We may disclose the personal data we you hold about in order to comply with applicable law, in response to or to pursue judicial proceedings, court orders and in other legal processes. We may also disclose, transfer or share it when we believe in good faith that disclosure is necessary: to protect or enforce our rights; protect your safety or the safety of others; investigate or prevent fraud; to respond to government requests – including from government and national or international law enforcement authorities outside of your country of residence – or for national security, public safety and/or law enforcement purposes. Personal data shall only be disclosed when we in good faith believe that we are obliged to do so in accordance with the law or that there are compelling reasons of public interest for us to do so. This will only be after a careful evaluation of all legal requirements and other relevant considerations, including any infringement on the fundamental rights to privacy or freedom of expression that might be impacted by the disclosure.

• Sharing Aggregated and De-Identified Information. We may use your personal data to create aggregated and anonymized information which we may share with third parties. Nobody can identify you from that anonymized information. In other circumstances we may pseudonymize your personal data before sharing it with a third party so that we can re-associate you with the information once it has been processed and returned to us. Whilst the third party will not be able to identify you from the pseudonymized information, we will still be able to. We treat pseudonymized data as though it were personal data and ensure the same level of protection for it when sharing with third parties.

INTERNATIONAL TRANSFER OF PERSONAL DATA

Personal data held by NUWAVE is stored on and processed on computers situated in the United States, United Kingdom, the EEA,  and in other jurisdictions. NUWAVE and/or our service providers also process data in some other countries for customer care, account management and service provisioning.

If you are an EEA resident, your personal data held by NUWAVE may be transferred to, and stored at, destinations outside the EEA that may not be subject to equivalent data protection laws, including the United States. When you sign up for service with NUWAVE or inquire about our services, we transfer your information to the United States and other countries as necessary to perform our agreement with you or to respond to an inquiry you make. It may also be processed by staff situated outside the EEA who work for us or for one of our suppliers.

Accordingly, by using our services, you authorize the transfer of your information to the United States, where we are based, and to other locations where we and/or our service providers operate, and to its (and their) storage and use as specified in this Privacy Policy and any applicable terms of service or other agreement between you and NUWAVE. In some cases, NUWAVE may seek specific consent for the use or transfer of your information overseas at the time of collection. If you do not consent, we may be unable to provide you with the services you requested. The United States and other countries where we operate may not have protections for personal information equivalent to those in your home country.

Subject to obtaining your consent as required in some jurisdictions, NUWAVE may transfer personal data across national borders in running our business and delivering the Services. In doing so, your personal data may be transferred to and processed by other NUWAVE entities and/or unrelated third parties outside of the country where you are located or where the personal data was collected.

For relevant jurisdictions only (e.g. Mexico, Russia, China and Argentina): By using the Services, you expressly agree to the transfers of personal data to third countries where this requires your consent.

OUR USE OF COOKIES AND OTHER TRACKING MECHANISMS

For information on the specific tracking mechanisms that we use on our Sites and the purposes for which we use such tracking mechanisms and how to disable them, please see our Cookie Policy.

THIRD-PARTY AD NETWORKS

We may use third parties such as network advertisers to display advertisements about NUWAVE on third party websites. Network advertisers select and display advertisements on third-party sites, based on your visits to our Sites as well as to other websites. This enables us and these third parties to tailor advertisements by displaying ads for products and services in which we believe you might be interested.

Third party ad network providers, advertisers, sponsors and/or traffic measurement services may use cookies, JavaScript, web beacons (including clear GIFs), Flash LSOs and other technologies to measure the effectiveness of their ads, to personalize advertising content to you, and to track your movements on our Sites and on other third-party sites. These third-party cookies and other technologies are governed by each third party’s specific privacy policy, and not this Policy. We may provide these third-party advertisers with anonymized information about your usage of our Sites and our Services, as well as aggregate information about visitors to our Sites and users of our Services; however, we do not share your personal data with these third parties.

You may opt-out of many third-party ad networks, including those operated by members of the Network Advertising Initiative (“NAI”), the Digital Advertising Alliance (“DAA”), or, in Europe, the European Interaction Digital Advertising Alliance (“EIDAA”). For more information regarding this practice by NAI, EIDAA members and DAA members, and your choices regarding the use of this information used by these companies, including how to opt-out of third-party ad networks operated by NAI, DAA, and EIDAA members, please visit their respective websites: www.networkadvertising.org/optout_nonppii.asp, www.aboutads.info/choices, and www.youronlinechoices.com. Please note that, should you opt out, you will continue to see advertising however it will not be tailored to your interests.

COMMUNICATIONS AND MARKETING

Where permitted by applicable law and, if required, with your consent, we may send periodic promotional or informational emails to you. You may opt-out of such communications by following the opt-out instructions contained in the e-mail or other communication you have received. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt-out of receiving emails about recommendations or other information we think may interest you, we may still send you non-marketing communications about your account or any Services you have requested or received from us.

USER GENERATED CONTENT

We may invite you to post content on our Sites, including your comments, pictures, and any other information that you would like to make available on our Sites. If you post content to our Sites, the information that you post will be available to other visitors to our Sites. If you post your own content on our Sites or Services, your posting may become public and we cannot prevent such information from being used in a manner that may violate this Policy, the law, or your personal privacy.

THIRD-PARTY LINKS

Our Sites and our online Services may contain links to third-party websites. Any access to and use of such linked websites is not governed by this Policy, but instead is governed by the privacy policies of those third-party websites. We are not responsible for the information practices of such third-party websites neither do we have any control over information that is submitted to or collected by, these third parties.

Our Sites may include social media plugins such as “like” and “share” buttons. By clicking on such a plugin, the data you want to “like” or “share” will be provided to the relevant social media site. We are not responsible for the practices of such third-party social media sites once you have clicked on any such “like” or “share” button.

SECURITY

At NUWAVE, security is our highest priority. We design and deliver our systems and Services with your security and privacy in mind. We maintain a wide variety of compliance programs and accreditations that validate our security controls. To prevent unauthorized access, maintain data accuracy and ensure the correct use of information, we have put in place physical, electronic, and managerial procedures to safeguard and secure the personal data we collect through our Sites and in the provision of our Services. We have put in place reasonable controls (including physical, technological and administrative measures) designed to help safeguard the personal data that we collect via the sites. No security measures are perfect, however, and so we cannot assure you that personal data that we collect will never be accessed or used in an unauthorized way, which may happen due to circumstances beyond our reasonable control. We have put in place procedures to deal with a suspected personal data breach, and we shall notify you and any applicable regulator of a breach where we are legally required to do so. If you have a user name and password to access our Services, you should take steps to protect against unauthorized access to your password, phone and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen or compromised passwords, or for any activity on your account via unauthorized password activity or other security breach caused by you.

WHAT RIGHTS DO I HAVE IN RELATION TO MY PERSONAL DATA?

Under the law of many countries, you have certain rights in relation to your personal data that is held by us and we respect and observe these rights. Such rights may include the rights to: ask us to confirm that we are processing your personal data, ask us for a copy of your personal data (including information regarding who we share your personal data with); to correct, delete or restrict (stop any active) processing of your personal data; to limit the use and disclosure of your personal data; and to ask us to share (port) your personal data to another person, such as another provider of telecommunications services.

In addition, in certain countries you can object to the processing of your personal data in some circumstances (in particular, where we don’t have to process the data to meet a contractual or other legal requirement, or where we are using the data for direct marketing). Where applicable, you can also withdraw the consent you have given us to process your personal data and request information on the consequences of not providing such consent.

These rights may be limited, for example: if fulfilling your request would reveal personal data about another person; where it would infringe the rights of a third party (including our rights); or if you ask us to delete information which we are required by law to keep or have compelling legitimate interests in keeping.

NUWAVE shall immediately inform you if in our reasonable opinion, your instruction infringes the Applicable Data Protection Legislation.   NUWAVE is not responsible for performing legal research and/or for providing legal advice to you.

To exercise any of these rights, to raise any concerns about our privacy practices, or to obtain other privacy related information, you can get in touch with us, see our contact details above. If you have unresolved concerns, you may have the right to complain to your relevant national data protection authority. For example, in the UK this is the Information Commissioner’s Office (ICO) – https://ico.org.uk/make-a-complaint/. Please do contact us before making such a complaint however as we would appreciate the opportunity to investigate and address your concerns first.

Special Information for Residents of California, USA

As described in this Policy, we may make your personal data available to third parties for their marketing purposes. If you do not want us to share your personal data with third parties, you may opt-out of this information sharing by emailing us at privacy@nuwave.com .

If you are a California resident, then, subject to certain limits under California law, you may ask us to provide you with a list of certain categories of personal data we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year as well as the identity of those third parties. To make such a request, residents of the State of California may email us at privacy@nuwave.com .

HOW LONG WILL YOU RETAIN MY PERSONAL DATA

We retain personal data for as long as and/or for no longer than we are permitted to do by applicable law, regulation, tax or accounting practice or the terms of any governmental telecommunications licenses or authorizations to which we may be subject. We also delete personal data in accordance with any contractual obligations that we may be subject to (for example if we are processing personal data on behalf of one of our customers rather than for our own business purposes).

Where maximum or minimum data retention periods are not otherwise stipulated, we determine appropriate retention period for the personal data by considering: the amount, nature and sensitivity of the personal data contained in the records; the potential risk of harm from unauthorized use or disclosure of personal data; the purposes for which we process the personal data and whether we may be able achieve those purposes through other means; whether the personal data can be permanently and effectively anonymized; the security measures in place in relation to that personal data and any other relevant factors.

HOW TO CONTACT US

For any questions about this Policy or our data protection practices or to exercise any rights you may have in relation to your personal data under applicable law, please contact us at privacy@nuwave.com or write us via mail/courier to:

Nuwave Communications
Attn: Legal Compliance – Data Protection and Privacy

8275 South Eastern Ave, Suite 200

Las Vegas, Nevada 89123

USA

CHANGES TO THIS POLICY

NUWAVE regularly reviews and may make changes to this Policy from time-to-time. To ensure that you are always aware of how we use your personal data we will update the online version of this Policy from time-to-time to reflect any changes to our use of your personal data. NUWAVE may also make changes to comply with developments in applicable law or regulatory requirements. Where it is practicable, NUWAVE will notify you by other means prior to changes materially affecting you such as by posting a notice on our Sites or sending you a notification. However, we encourage you to review this Policy periodically to be informed of any changes to how we use your personal data.

We have updated our Number Porting Policy – Last updated December 20, 2021.

References to “Customer”, “You” or “Your” in this document shall include both the Customer and its end users.

NUWAVE works with third party carriers who, on our behalf, ports telephone numbers in accordance with applicable Regulatory Rules and Industry Guidelines.  Our third-party carriers and regulators require very specific and detailed information and requirements when completing a port request.  Please be informed that You may be required to provide such detailed and specific information to complete a port request.

If You are porting your number in from another carrier, please follow the instructions for Inbound Number Porting. If You would like to port your NUWAVE number out to another carrier, please follow the instructions for Outbound Number Porting.

Inbound Number Porting

IMPORTANT: YOU MUST KEEP YOUR PREVIOUS SERVICE ACTIVE IN ORDER TO PORT YOUR NUMBER TO NUWAVE.

Check to see if your number can be ported into NUWAVE by entering your number into our online verification system.

NUWAVE’s online verification system will immediately conduct a validity search to verify portability. A validity search will determine if your telephone number can be ported into NUWAVE. Certain numbers are not supported by our regional calling network and/or certain providers will not port numbers, therefore, these numbers cannot be ported. If your number can be ported, You will receive a message on your computer screen that your number can be ported, and You will be immediately directed to fill out an online Letter of Authorization (“LOA”). If your number cannot be ported, NUWAVE will notify You on screen that your number cannot be ported.

Upon verification of portability, NUWAVE will notify You on-screen that your number can be ported. You must then submit an LOA to NUWAVE, authorizing your previous service provider to port your number to NUWAVE. You may submit an online LOA and submit your LOA in PDF format via email or fax to NUWAVE’s porting department as detailed on the LOA.  Please be advised that if You do not fill out the information on the LOA properly, your porting request will be rejected.  Most providers accept digital signatures on the LOA to port numbers; however, some providers require a handwritten signature on the LOA to port your number.  If your previous provider requires a handwritten signature on the LOA, NUWAVE will notify You via email and request that You fax or email us a copy of your signed LOA.

Depending on the type of number You are trying to port in, NUWAVE may notify You via email that You are required to fax or email to NUWAVE a copy of your bill from your previous provider to verify your customer and account information.

For Toll Free number porting requests, You must fax or email (i) a copy of your LOA with a handwritten signature and (ii) a copy of a billing statement from your previous provider. Local and business numbers. For local and business number porting requests, You may be required to provide a copy of your billing statement and/or a copy of your LOA with a handwritten signature.

If You would like to ensure that your port is processed as quickly and efficiently as possible, You may also upload, fax or email to NUWAVE a copy of your CSR (customer service record). You may request a copy of your CSR from your previous provider.  If You cannot obtain a CSR from your previous provider, You may request your previous provider to send a letter on company letterhead that lists your account number, billing telephone number, service location address and specific numbers You are porting.

The following information must be listed on your bill, LOA or CSR to verify your customer and account information:

• Number(s) You are asking to port
• Your Name
• Address – both billing and service addresses (if your address is a P.O. Box, please provide NUWAVE with an additional physical location address where the number resides)

If there are additional numbers on your account with the previous provider other than the number to be ported, You must contact your previous provider’s porting department and tell them whether You intend to retire those numbers when canceling service.

NUWAVE will then submit your LOA to your previous provider and wait for approval to port your number. You will be notified by NUWAVE via email if your previous provider requires additional information and/or corrections to your LOA before NUWAVE can port your number.  When NUWAVE receives approval to port your number from your previous provider, we will begin porting your number.

Generally, inbound porting requests will be completed within ten (10) business days after NUWAVE receives your LOA, provided that there are no issues with your LOA or otherwise. Please be advised that for small service providers, inbound porting requests can take up to thirty (30) business days to port. If You have not received response regarding your LOA within fourteen (14) business days or You have any questions regarding our Number Porting Policy, please follow the instructions to contact Customer Support at https://www.nuwave.com/contact-us/

Outbound Number Porting

IMPORTANT:  YOU MUST KEEP YOUR NUWAVE SERVICE ACTIVE IN ORDER TO PORT YOUR NUMBER TO YOUR NEW PROVIDER. NUWAVE cannot guarantee that your NUWAVE number will be held for porting if You cancel your NUWAVE service prior to receiving confirmation that your number has been successfully ported.

Request an LOA from your new provider.

Submit your LOA to your new provider.

Your new provider will notify NUWAVE or our third party carrier of your number porting request and NUWAVE will verify your account information. NUWAVE requests that You pay all outstanding invoices and/or charges on your account before we port out your number. NUWAVE will send an email notification to You of all such outstanding charges.

Upon verification of portability, NUWAVE will notify your new provider that your NUWAVE number may be ported.

You must notify NUWAVE that your number has been successfully ported to ensure that your number is removed from our database.

You must notify and confirm cancellation of your NUWAVE service. After You confirm that your NUWAVE service has been canceled, NUWAVE will no longer bill You for NUWAVE services. YOU MAY CONTINUE TO BE BILLED IF YOU DO NOT CANCEL YOUR NUWAVE COMMUNICATIONS SERVICE AFTER YOUR NUMBER HAS BEEN PORTED.

Generally, Outbound porting requests will be completed within ten (10) business days after NUWAVE receives your LOA from your new provider. If You have not received response regarding your port request within fourteen (14) business days or You have any questions regarding our Number Porting Policy, please follow the instructions to contact Customer Support at https://www.nuwave.com/contact-us/

Modifications

NUWAVE reserves the right to modify this Number Porting Policy at any time without notice. In most cases, NUWAVE will attempt to notify you, our Customer, of any such modifications either via e-mail or by posting a revised copy of the Number Porting Policy on our website.

(“Emergency Service Policy”)

We have updated our Emergency Service Policy – Last updated December 20, 2021.

Emergency Services calling operates differently with NUWAVE’s SIP/VoIP based VOICE CALLING SERVICES (“NUWAVE VOICE SERVICES”) than on traditional telephone services. It is important that you understand these differences and communicate them to all users with NUWAVE Voice Calling Plan Services.  Customer acknowledges and agree that you have read and understand the differences in our Emergency Services calling and will provide this notice to each End User utilizing the NUWAVE Voice Calling Plan Services.

REFERENCES TO “CUSTOMER” OR “YOU” OR “YOUR” IN THIS DOCUMENT SHALL INCLUDE BOTH CUSTOMER AND ITS END USERS.

1. IMPORTANT EMERGENCY SERVICES CALLING LIMITATIONS AND REQUIREMENTS (ALL COUNTRIES):

• • Non-Traditional Emergency Services Calling Acknowledgement. Customer acknowledges that NUWAVE’s emergency services calling is different in important ways from traditional landline and mobile/wireless emergency services dialing, depending upon where the Customer is located, the voice calling plan and the device(s) used with the NUWAVE Voice Services.  The Customer affirmatively acknowledges that they have reviewed and accept the potential limitations arising from the delivery of Emergency Calling Services described herein when using the NUWAVE Voice Services.

• • Emergency Service Calling Availability Limitations. Customer acknowledges that the Emergency Services Calling may not be available in the following events:

• • • Service Interruption. In the event of power, network, or Internet outages (including congestion), or if a service is disconnected or suspended due to non-payment, Customer may experience a failure, disruption or delay in contacting emergency services. NUWAVE recommends that Customer maintains an alternative phone service (such as a mobile phone) to ensure access to emergency services during any service interruption.

• • • Power Failure or Disruption: Emergency dialing will not function in the event of a broadband, power, satellite or ISP Service failure or disruption. If there is an interruption in the power supply, a power surge or a power failure, the Voice Calling Service and emergency dialing will not function until power is restored. A power failure, power surge or power disruption may require Customer to reset or reconfigure equipment prior to using the Voice Calling Service or being able to make emergency calls.

• • • Service Suspension or Termination by NUWAVE: A Service outage or suspension (including, without limitation, suspension of Service due to billing issues or delinquent or unpaid invoices) or termination of Service by NUWAVE will prevent ALL Service, including the ability to make emergency calls.

• • • Other Service Outages: If there is a Service outage for ANY reason, such outage will prevent ALL Service, including the ability to make emergency calls.

• • Correctness of Information: Customer is responsible for providing, maintaining, and updating correct contact information (including name, address, location and telephone number) for the Customer accounts. If the Customer does not correctly identify the actual location where they are located, or if the Customer’s account information has recently changed or has otherwise not been updated, Emergency Service calls may be misdirected to an incorrect emergency response site.

• • SIP/VoIP-Based Device and/or Unified Communications App Emergency Calls. If the Customer uses a SIP/VoIP based device and/or Unified Communications as a Service application on any device (“SIP/UC Device”), emergency calls will be routed to the local emergency center serving the emergency location that is associated with the SIP/UC Device. Therefore, if the Customer is using the SIP/UC device in a nomadic manner (e.g., from a hotel, from a home office, etc.), the Customer must update the emergency services location on an ongoing basis to ensure that emergency services calls will be sent to the appropriate local emergency center that serves the then current Customer location.

• • Customer Obligation to Inform Emergency Services of Accurate and Updated Physical Location: Since a Customer device can be moved between locations and for technical reasons the emergency operator may not have the Customer’s name, location or contact information available, Customer must immediately inform the emergency operator of the accurate location of where the call is being made, as well as the contact particulars any time a call is made to the emergency services operator, otherwise there is a risk that the emergency services may be sent to the wrong location.

• • Do Not Disconnect When Calling Emergency Services: When utilizing any Emergency Service, do not disconnect emergency services call until told to do so by an emergency dispatcher. If the call is inadvertently disconnected, call back immediately.

• • Customer Obligation to Inform All Users. Customer agrees to notify and inform all users or potential users, employees, guests and other third persons who may place calls using the NUWAVE Voice Services of the potential complications and limitations arising from the delivery of Emergency Calling Services described herein. If applicable, Customer agrees to place a label on and/or near each telephone or other Customer equipment/devices on which the NUWAVE Voice Services may be utilized regarding the limitations or unavailability of Emergency Services Calling.

2. EMERGENCY SERVICE CONFIGURATION BY CUSTOMER ACCOUNT ADMINISTRATORS (ALL COUNTRIES):

• • Registered Location Required: Upon creation of the Customer account, NUWAVE initially assigns all extensions and devices to the physical street address on file for the Customer. Prior to Service activation, the Customer Administrator shall: (i) register additional emergency services locations where the Unified Communications Services are to be used, as necessary; and (ii) assign all Customer devices to such emergency services locations. In some cases, one extension may have multiple devices, and each such device needs to be assigned an emergency services location. A Customer Administrator may register multiple emergency services locations per account and assign all active extensions and devices to such emergency services locations. Individual end users may assign and re-assign their current location(s) on an as-needed basis. The Customer agrees to ensure that the physical location(s) provided to NUWAVE are correct, and to immediately update such location(s) whenever the physical location(s) of the devices change. If a device will be used in a different or new location, a Customer Administrator must create and/or register the location for the device. If Customer does not register the new location, any emergency services call made from the device may be sent to an emergency center near the prior, registered location. In most cases, the registration process occurs in real-time. In some cases, the registration will be referred to an emergency services provider for validation, which could take days. Customer (i) acknowledges and understands that any location information passed to emergency personnel by NUWAVE will be based upon the physical location information provided by the Customer and (ii) agrees to promptly assist NUWAVE with validating an emergency services location address that has been rejected by the emergency services provider. The Customer will receive a confirmation email when the emergency services location has been validated for: (i) the initial registered location; and (ii) for any subsequent locations submitted by the Customer.

• • Failure to Designate and Update the Correct physical address when Changing Geographic Location. NUWAVE Calling Services are technically capable of being used in locations that are not associated with the traditional geographic area of a telephone number. These capabilities can cause problems with providing Emergency Service. All Emergency Service capabilities will only be available in the location that you have associated with the particular NUWAVE assigned direct-inward-dial (“DID”) telephone number assigned to the Customer.  For any Emergency Service to be accurately routed to the appropriate emergency call center, the Customer must provide accurate DID telephone numbers as the call-back telephone number for all Emergency Service calls and accurate address information. Additionally, if Customer is using the service in a location that uses a different country and/or area code than the country and/or area code in the number Customer is using with the NUWAVE Voice Service, when Customer dials Emergency Services you may not be able to reach any emergency personnel. Even if you do reach emergency personnel, your call may not reach the emergency personnel near your actual physical location and the emergency personnel may not be able to transfer your call or respond to your emergency.

• • Failure to Designate and Update the Accurate Location When Customer Moves Phone/Device to a Location Different from the Location Initially Registered. It is important that you register accurate location information every time you move the equipment associated with your NUWAVE Voice Service. If you move your NUWAVE equipment to another location without reregistering, when you dial Emergency Services, you may not be able to reach any emergency personnel. Even if you do reach emergency personnel, if you have not provided valid location information you will not be calling the emergency personnel near your actual location and this emergency personnel may not be able to transfer your call or respond to your emergency.

• • Customer May Not Be Able to Reach the Correct Emergency Services If You Fail to Accurately Register or Reregister Your New Location or Call Emergency Services Within 48 Hours of Updating Your Location. It is important that you register an accurate location when you initiate your service and every time you move the equipment associated with your NUWAVE Voice Service. When you change your location, it may take up to 48 hours (or longer for Customers outside of the United States) for your location change to be reflected in our records. During that time, you may not be able to reach may not be able to reach the correct emergency services center or any emergency service provider by dialing your applicable local Emergency Services number.

• • NUWAVE Calling Services Allow One Emergency Service Address to be Associated with Each Telephone Number. Certain NUWAVE Calling Services do not have a telephone number associated with them but allow for placing and receiving calls. For example, NUWAVE offers a “softphone client” service and/or Call Path Service (shared trunk VoIP Service). Customers may choose to buy calling services from NUWAVE that have a telephone number but then use the softphone client to allow multiple users to place and receive calls using one telephone number. Customers must use the softphone client and the NUWAVE Calling Service that has a telephone number associated with it from the same location. Using a service that does not have a telephone number in a remote location will result in the wrong address information being sent in the event of placing an emergency call by dialing the local Emergency Service number. The emergency call operator may not be able to transfer the call to appropriate emergency call operators.  In the event that Customer intends to use NUWAVE Voice Services in multiple locations, at least one telephone number will be required for each location. You acknowledge and agree to this limitation and agree that you will obtain at least one telephone number for each location associated with the NUWAVE Calling Service.

2. Additional Emergency Call Service Requirements for Multi-Line Telephone Systems (United States): For Services provided in the United States, the Customer acknowledges and agrees to comply the following additional requirements:

• • Kari’s Law Compliance: Kari’s Law requires that all outbound dialing Multi-Line Telephone Systems (MLTS) must provide direct access to 911 service without the caller having to dial an initial number, digit, prefix or other access number before dialing 911. All Customers with enterprise phone systems are required to be configured as follows:

• • • Enable dialing 911 directly without requiring a prefix or outside code;

• • • Notify an on-site party such as the receptionist or security manager when an emergency call is placed from within the organization; and

• • • Send a valid callback number that a 911 dispatcher can utilize to reconnect with the 911 caller. (Customer should not send the main number of its office as it could connect the dispatcher to a receptionist or auto attendant, instead of the 911 caller).

• • Ray Baum Act Compliance (Dispatchable Location): Section 506 of the Ray Baum’s Act requires that all Multi-Line Telephone Systems (MLTS) Customers provide a “dispatchable location” on all emergency 911 calls. A dispatchable location is defined not only as the street address of the 911 calling party, but also must include additional information such as room number, floor number, or similar information necessary to adequately identify the location of the calling party. Customer acknowledges and agrees that Customer is responsible to ensure their Multi-Line Telephone Systems are up-to-date and compliant with the dispatchable location requirements of the Ray Baum Act.

2. Disclaimer of Liability. Customer acknowledges and agrees that NUWAVE, its affiliates, directors, officers, employees, agents, underlying local provider(s) or other public or private agencies and any third party providers will not be liable for any injury, death or damage to persons or property, arising directly or indirectly out of, or relating in any way to the Emergency Services, including without limitation any inability on the part of the Customer or an end user to access the Emergency Service, unless such claims or causes of action arose from NUWAVE’s gross negligence, recklessness or willful misconduct.  Notwithstanding anything to the contrary contained in this Addendum, Customer agrees to indemnify and hold harmless NUWAVE, its affiliates and their respective directors, officers, employees, agents, underlying local provider(s) or other public or private agencies and any third party providers from any liabilities, claims, damages, losses and expenses (including reasonable legal fees and expenses) which NUWAVE, its affiliates or any of their respective directors, officers, employees, agents, underlying local provider(s) or other public or private agencies and any third party providers may incur, arising directly or indirectly out of or relating to the Emergency Services.

Modifications

NUWAVE reserves the right to modify this Emergency Service Policy at any time without notice. In most cases, NUWAVE will attempt to notify you, our Customer, of any such modifications either via e-mail or by posting a revised copy of the Emergency Service Policy on our website.

We have updated our Cookies Policy – Last updated December 20, 2021.

Information about our use of Cookies and other tracking mechanisms

Nuwave Communications, Inc., its subsidiaries (collectively “NUWAVE”) and third-party service providers use cookies on this website (Site) and other NUWAVE websites. This website uses cookies to distinguish you from other users. This helps us to provide you with a good experience when you browse this website and also allows us to improve the site for all our users.

Websites that operate across certain parts of the European Union are required to obtain consent before using or storing cookies (or similar technologies) on your computer or mobile device.

This cookie policy provides you with information about the cookies that we use and the reason why we use these cookies.

For further information about this policy or if you require a detailed list of all cookies which are used by this website, please contact: Legal Compliance.

What is a Cookie?

A cookie is a small file of letters and numbers that is placed on your web browser, or on the hard drive of your computer or mobile device.

Key Concepts

First and third-party cookies: whether a cookie is a ‘first’ or ‘third’ party cookie depends on the domain (or website) that places the cookie. First-party cookies are set by the website that is actually being visited, whereas third-party cookies are set by a domain other than the website that is currently being viewed. If a user visits a website and another web service sets a cookie through that website, this would be a third-party cookie.

Session cookies: these cookies are temporary and only last as long a user’s “browser session”. A browser session starts when a user opens the browser window and finishes when they close the browser window. Once the browser is closed, all session cookies will be deleted.

Persistent cookies: these cookies remain on a user’s device after a browser session has finished. How long each cookie lasts will be specified by each cookie. Persistent cookies will be activated each time that a user revisits the website that placed the particular cookie.

How to delete and block our Cookies

You can block cookies by using the settings of your web browser, which will allow you to refuse some or all cookies (for tips on how to do this, see the section “How to turn cookies off?” below). Please bear in mind, though, that if you chose to block all cookies (including essential cookies) you may not be able to access some or all of this website.

Unless you have set your browser settings to refuse cookies, our system will place cookies as soon you visit this site. Turning off or deleting cookies will not prevent this website from identifying the type of device you are using (i.e. a computer or mobile device) and collecting related data.

How to turn cookies off?

Internet browsers allow you to control your cookie settings, which are usually found in the ‘options’ or ‘preferences’ menu of your browser. In order to understand these settings, the following links may be helpful. Otherwise, you should use the ‘Help’ option of your internet browser to find more details.

Can I withdraw my consent?

Once you have given us your consent to use cookies, we will place a cookie to remember that you have already given your consent the next time that you visit this site. This cookie will expire periodically. If you wish to withdraw your consent at any time, you will need to delete your cookies using your internet browser settings.

For further information about deleting or blocking cookies, please visit: http://www.aboutcookies.org/

What cookies do we use and why?

The cookies used on this website are categorised as follows:

• Strictly Necessary

• Performance

• Functionality

• Targeting

Strictly Necessary

‘Strictly Necessary’ cookies allow us to provide some essential features on our websites, such as secure areas and shopping baskets. Without these cookies, we would not be able to provide some of the services that you have asked to use. The ‘Strictly Necessary’ cookies that we use do not gather any personal information about you that can be used for marketing purposes or for tracking where you have been on the internet.

We use these Strictly Necessary cookies to:

• Identify you as being logged-in to this website;

• Make sure that you connect to the right service on this site when we make any changes to the way the website works;

• To route users to specific applications of a service, or specific servers.

‘Strictly Necessary’ cookies are essential to the proper functioning of this website, so if you chose to block these cookies we cannot guarantee your use of the site, or how the security on this site will perform during your visit.

Performance

“Performance” cookies collect information about how you use this website (e.g. which pages you visit, or if you experience any errors). These cookies do not collect any information that could identify you and are only used to help us improve how this website works, understand what interests our users, and measure how effective our advertising is.

We use Performance cookies for:

• Web Analytics: To provide statistics on how this website is used;

• Error Management: To help us improve this website by measuring any errors that occur;

• Testing Designs: To test different designs for this website;

• Tracking and monitoring the site’s content to improve the user experience.

Some of the “Performance” cookies we use are managed by third parties, and you may refer to the third parties’ own website privacy notifications for further information.

By using this website, you accept our use of “Performance” cookies. Accepting these cookies is a condition of using this website, so if you prevent them we cannot guarantee how this site will perform for you.

Functionality

“Functionality” cookies are used to provide services or to remember settings to improve your visit.

We use Functionality cookies to:

• Remember settings you’ve applied, such as layout, text size, preferences, and colours;

• Remember if we’ve already asked you if you want to fill in a survey or poll;

• Show you when you’re logged in to this website.

Some of these cookies are managed by third parties. Where this is the case, we don’t allow the third party to use the cookies for any purpose other than those listed above.

Targeting

“Targeting” cookies are linked to services provided by third parties, such as ‘Like’ buttons and ‘Share’ buttons. Third parties provide these services in return for recognizing that you have visited this website.

We use Targeting cookies to:

• Link to social networks like Facebook, who may subsequently use information about your visit to target advertising to you on other websites;

• Provide advertising agencies with information on your visit so that they can present you with advertisements in which you may be interested.

You can control whether or not these cookies are used but preventing them may stop us from offering you some services or targeted advertising.

Google Analytics

Our Sites use Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help a website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. In order to anonymize IP addresses collected from the European Economic Area, Google will truncate/anonymize the last octet of the IP address. Only in exceptional cases will the full IP address be sent to and shortened by Google servers in the USA. On behalf of the website provider, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage to the website provider. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser. However, please note that if you do this, you may not be able to use the full functionality of this website. Furthermore, you can prevent Google’s collection and use of data (cookies and IP address) by downloading and installing the browser plug-in available under https://tools.google.com/dlpage/gaoptout?hl=en-GB Further information concerning the terms and conditions of use and data privacy can be found at http://www.google.com/analytics/terms/gb.html. Please note that on our Sites, Google Analytics code is supplemented by “gat._anonymizeIp();” to ensure an anonymized collection of IP addresses (so called IP-masking).

Other Tracking Mechanisms

We may also engage third parties to track and analyze data collected from our websites. We use the data collected by such third parties to help us administer and improve the quality of our websites and to analyze usage. We may also work with third parties, such as network advertisers, to display advertising on our Sites and to display advertising about NUWAVE on our websites. These third parties may combine the information that we provide about you with other information that they have collected. This cookies policy does not cover such third parties’ use of the data.

Clear GIFs, pixel tags and other technologies. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web pages. We and our third-party service providers may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags), in connection with our websites to, among other things, track the activities of visitors, help us manage content and compile statistics about usage.  We and our third-party service providers also use clear GIFs in HTML e-mails to our customers, to help us track e-mail response rates, identify when our e-mails are viewed, and track whether our e-mails are forwarded.

Do-Not-Track.  Our Sites do not recognize browser requests not to be tracked.

Useful information about cookies can be found at:

http://www.allaboutcookies.org

Analytics Cookies

For more information about Google analytic cookies, please see Google’s help pages and privacy policy:

• Google’s Privacy Policy [https://www.google.com/intl/en/policies/privacy/]

• Google Analytics Help pages [https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage]

Behavioural Advertising

A guide to behavioural advertising and online privacy has been produced by the internet advertising industry which can be found at:
http://www.youronlinechoices.eu
www.aboutads.info

International Chamber of Commerce United Kingdom

Information on the ICC (UK) UK cookie guide can be found on the ICC website section:

http://www.international-chamber.co.uk/our-expertise/digitaleconomy

Modifications

NUWAVE reserves the right to modify this Emergency Service Policy at any time without notice. In most cases, NUWAVE will attempt to notify you, our Customer, of any such modifications either via e-mail or by posting a revised copy of the Emergency Service Policy on our website.

We have updated our Acceptable Use Policy – Last updated December 20, 2021.

This Acceptable Use Policy (“AUP”) governs the use of NUWAVE’s services, systems, networks, websites, software, hardware, and products (collectively, “Services”) by NUWAVE’s customers and its end users (collectively “Customer” or “You”). Upon any violation or reasonably suspected violation of this AUP, NUWAVE shall be entitled to immediately suspend provision of the Services in a manner reasonably tailored to address the potential harm. Customer shall immediately report any violations of this AUP to NUWAVE and cooperate with NUWAVE to investigate and remedy such violations.

Customer shall not, and shall not authorize, encourage, assist, or enable any other party to engage in, any of the following in connection with the Services:

General Prohibitions

• Violating applicable laws or regulations.

• Using the Services in a manner that may expose NUWAVE or its suppliers to civil or criminal liability, or regulatory enforcement.

• Customer may not sell, resell, sublicense, assign, license, or sublicense the Service or any component thereof or use or offer the same on a service-bureau or time-sharing basis, except where expressly permitted by NUWAVE.

Activities Impacting Security, Reliability or Normal Usage

• Damaging, interfering with, overburdening, or otherwise adversely impacting the availability, reliability, or stability of the Services or third-party systems or networks.

• Attempting to circumvent or break any security mechanism of the Services, or using the Services in a manner that poses a security or other risk to NUWAVE, NUWAVE’s suppliers, any customer of the Services, or any third party.

• Benchmarking, tampering with, unauthorized testing of, reverse-engineering, decompiling, or otherwise using the Services in order to discover limitations or vulnerabilities, or evade filtering capabilities.

• Using the Services in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, or other devices or systems in which malfunction of the Services would result in foreseeable risk of injury or death of the operator of the device or system, or to others.

• Unauthorized or excessive use of the Services beyond normal, reasonable business use and inconsistent with the types and levels of usage by typical customers on the same business calling plan. “Typical” refers to the calling patterns of at least 95% of NUWAVE’s business Customers on the same business calling plan. Certain calling and messaging plans, including unlimited calling and messaging plans, are designed for normal commercial use and are not intended to represent typical usage by unique organizations such as call centers (unless purchasing the NUWAVE specific contact center services), resellers, fax messaging services, telemarketing firms, or for use without live dialog, such as transcription services, intercom or monitoring services. Unauthorized or excessive use beyond that normally experienced by other NUWAVE customers may cause extreme network capacity and congestion issues and interfere with NUWAVE’s network and the third party networks with which NUWAVE connects for call initiation and completion services.

Activities Impacting Individuals’ Rights

• Engaging in fraudulent, deceptive, inaccurate, or misleading activity with respect to third parties (including impersonation of identity or identifiers such as phone numbers or email addresses) or otherwise bypassing legitimate identification systems.

• Using the Services to harvest or otherwise collect information about individuals, including email addresses or phone numbers, without their explicit consent or under false pretenses.

• Engaging in spamming, or other unsolicited, unwanted, or harassing advertising, marketing or other activities, including any activities that violate applicable anti-spamming, data protection, or privacy laws and regulations, including, but not limited to, the CAN SPAM Act of 2003, the Telephone Consumer Protection Act, the Telephone Consumer Fraud & Abuse Prevention Act, the Children’s Online Privacy Protection Act, or the Do-Not-Call Implementation Act.

• Failing to obtain any legally required consent from applicable third parties (or, where required, their parents, representatives, or guardians) for the collection, use, and disclosure of the third parties’ personal data as described in the Privacy Policy.

• To the extent that the Services are used to record or monitor calls or other communications, failing to comply with all applicable laws related thereto, including securing any required prior consents.

Inappropriate Activities or Harmful Content

Using, storing, uploading, downloading, submitting, transmitting, distributing, or facilitating the distribution of, any information that contains “inappropriate content,” including, but not limited to, content that:

• May be considered libelous, slanderous, defamatory, threatening, sexually explicit, vulgar, profane, obscene, offensive, abusive, malicious or otherwise harmful to any person or entity, constitutes or promotes “hate speech,” or is otherwise discriminatory based on race, sex, creed, religion, nationality, disability, sexual orientation, language, or age.

• Contains fraudulent offers for products or services, or any advertising or promotional materials that contain deceptive, false, or misleading statements, representations or claims, or false or inaccurate data, including the fraudulent use of credit cards.

• Contains or transmits viruses, Trojan horses, worms or any other malicious, harmful, or deleterious programs, or similar destructive programming routines.

• Promotes, markets, or otherwise relates to illegal activities or terrorism.

• Infringes on, misappropriates, dilutes, or violates any intellectual property rights or other rights of third parties, including but not limited to trademark, copyright, patent, trade secrets, rights of publicity, and rights of privacy.

• Contains “protected health information” as defined by the United States’ Health Insurance Portability and Accountability Act of 1996 as amended, except in connection with and in compliance with an active Business Associate Agreement with NUWAVE, or as covered by the “conduit exception” or other applicable exception to requiring a Business Associate Agreement.

Telecommunications Specific Limitations

• Violating telecommunications provider or other service provider requirements as communicated by NUWAVE.

• Violating country-specific requirements and restrictions for SMS Services or voice Services

• Forwarding from a virtual number to a dead endpoint (i.e., if User forwards from a virtual number, User must make a reasonable attempt to receive or answer the message or call, as applicable).

• Artificially inflating traffic (e.g., generating traffic that has been artificially increased to boost the revenue of an entity or network without offering any real benefit to the originator of the call), including inducement of third-party inbound calls or calls to toll-free numbers without a legitimate business purpose.

• Having a high volume of unanswered phone calls, or phone calls (including text-to-speech communications) that are less than twelve seconds in length.

• Using long virtual numbers provided by NUWAVE as identifiers for outbound calls, SMS messages, or other communications sent through providers other than NUWAVE.

• Transmitting caller or sender identification for outbound communications via the Services where the originating User’s right to use such identification has not been validated.

• Sending a substantial amount of voice traffic, as reasonably determined by NUWAVE, only to specific regions or number ranges within a country in a manner that would cause NUWAVE to incur material costs beyond those incurred by NUWAVE when sending similar quantities of voice traffic equally spread across all regions and number ranges within such country.

Cooperation with Investigations

NUWAVE will cooperate with appropriate law enforcement agencies and other parties involved in investigating claims of illegal or inappropriate activity. NUWAVE reserves the right to disclose customer information to the extent authorized by federal surveillance statutes.

Additional Terms and Conditions

The use of the Services by a Customer of NUWAVE is subject to the terms and conditions of any agreements entered into by such Customer with NUWAVE. This Acceptable Use Policy is incorporated into such agreements by reference.

Limitation of Liability and Indemnification

NUWAVE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR BUSINESS OPPORTUNITY, LOSS OF USE, ETC., EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NUWAVE SHALL NOT BE LIABLE FOR ANY DIRECT OR ACTUAL DAMAGES, EXCEPT TO THE EXTENT SPECIFIED IN A WRITTEN OR ELECTRONIC AGREEMENT ENTERED INTO BETWEEN NUWAVE AND ITS CUSTOMER. OTHER LIMITATIONS OF LIABILITY ARE INCLUDED HERE BY REFERENCE INCLUDING THE TERMS OF SERVICE AND PRIVACY POLICY OF THE NUWAVE WEB SITES.

NUWAVE MAKES NO WARRANTIES OR REPRESENTATIONS HEREIN, EITHER EXPRESS OR IMPLIED, CONCERNING THE SERVICES, AND EXPRESSLY DISCLAIMS WARRANTIES OF FITNESS FOR A PARTICULAR USE OR PURPOSE, THE WARRANTY OF MERCHANTABILITY AND ANY OTHER WARRANTY IMPLIED BY LAW.

Customer agrees to indemnify, defend, and hold NUWAVE, its subsidiaries, affiliates, officers, directors, employees, agents, licensors, consultants, suppliers, and any third- party service providers harmless from and against all claims, demands, actions, liabilities, losses, expenses, damages, and costs, including actual attorneys’ fees, resulting from Customer’s violation of this AUP, misuse or abuse of the Services, or Customer’s infringement, or infringement by any other user of Customer’s account, of any intellectual property or other right of any person or entity. Customer will cooperate as fully as reasonably required in NUWAVE’s defense of any claim in this regard. NUWAVE reserves the right, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of NUWAVE. Customer agrees to immediately to notify NUWAVE of any unauthorized use of Customer’s account or any other breach of this AUP known to Customer.

Modifications

NUWAVE reserves the right to modify this Emergency Service Policy at any time without notice. In most cases, NUWAVE will attempt to notify you, our Customer, of any such modifications either via e-mail or by posting a revised copy of the Emergency Service Policy on our website.