Thetawave respects individual privacy and values the confidence of its customers, employees, consumers, business partners and others. Not only does Thetawave strive to collect, use and disclose personal information in a manner consistent with the laws of the countries in which it does business, but it also has a tradition of upholding the highest ethical standards in its business practices. This Safe Harbor Privacy Policy (the "Policy") sets forth the privacy principles that Thetawave follows with respect to personal information transferred from the European Economic Area (EEA) (which includes the fifteen member states of the European Union (EU) plus Iceland, Liechtenstein and Norway) to the United States.

SAFE HARBOR

The United States Department of Commerce and the European Commission have agreed on a set of data protection principles and frequently asked questions (the "Safe Harbor Principles") to enable U.S. companies to satisfy the requirement under European Union law that adequate protection be given to personal information transferred from the EU to the United States. The EEA also has recognized the U.S. Safe Harbor as providing adequate data protection (OJ L 45, 15.2.2001, p.47). Consistent with its commitment to protect personal privacy, Thetawave adheres to the Safe Harbor Principles.

SCOPE

This Safe Harbor Privacy Policy (the "Policy") applies to all personal information received by Thetawave in the United States from the European Economic Area, in any format including electronic, paper or verbal.

DEFINITIONS

For purposes of this Policy, the following definitions shall apply:

"Agent" means any third party that collects or uses personal information under the instructions of, and solely for, Thetawave or to which Thetawave discloses personal information for use on Thetawave's behalf.

"Thetawave" means Thetawave, Incorporated, its successors, subsidiaries, divisions and groups in the United States.

"Personal information" means any information or set of information that identifies or is used by or on behalf of Thetawave to identify an individual. Personal information does not include information that is encoded or anonymized, or publicly available information that has not been combined with non-public personal information.

"Sensitive personal information" means personal information that reveals race, ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, or that concerns health or sex life. In addition, Thetawave will treat as sensitive personal information any information received from a third party where that third party treats and identifies the information as sensitive.

PRIVACY PRINCIPLES

The privacy principles in this Policy are based on the Safe Harbor Principles. Thetawave collects, processes, and stores personal information for the following purposes:

• Determining, evaluating, and implementing employment-related actions and obligations.

• Designing, evaluating, and administering compensation, benefits, and other human resources programs.

• Designing, evaluating, and implementing employment-related education and  training programs.

• Monitoring and evaluating employee conduct and performance.

• Maintaining business and employee security, health and safety.

• Collecting and storing customer information.

• Making data subjects' names, images, and other items of business-contact information available by means of website posting, business cards, brochures, and other promotional media to Thetawave’s present and potential customers, suppliers, contractors, joint venture partners, other business associates, and employees.

• Maintaining business records relating to past, present, and potential  customers, suppliers, contractors, joint venture partners, other business  associates, and employees.

• Conducting auditing, accounting, financial, and economic analyses.

• Facilitating business communications, negotiations, transactions, conferences, and compliance with contractual and legal obligations.

NOTICE: Where Thetawave collects personal information directly from individuals in the EEA, it will inform them about the purposes for which it collects and uses personal information about them, the types of non-agent third parties to which Thetawave discloses that information, and the choices and means, if any, Thetawave offers individuals for limiting the use and disclosure of their personal information. Notice will be provided in clear and conspicuous language when individuals are first asked to provide personal information to Thetawave, or as soon as practicable thereafter, and in any event before Thetawave uses or discloses the information for a purpose other than that for which it was originally collected.

Where Thetawave receives personal information from its subsidiaries, affiliates or other entities in the EEA, it will use and disclose such information in accordance with the notices provided by such entities and the choices made by the individuals to whom such personal information relates.

CHOICE: Thetawave will offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual.

For sensitive personal information, Thetawave will give individuals the opportunity to affirmatively and explicitly (opt-in) consent to the disclosure of the information to a non-agent third party or the use of the information for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual.

Thetawave will provide individuals with reasonable mechanisms to exercise their choices.

DATA INTEGRITY: Thetawave will use personal information only in ways that are compatible with the purposes for which it was collected or subsequently authorized by the individual. Thetawave will take reasonable steps to ensure that personal information is relevant to its intended use, accurate, complete, and current.

TRANSFERS TO AGENTS: Thetawave will obtain assurances from its agents that they will safeguard personal information consistently with this Policy. Examples of appropriate assurances that may be provided by agents include: a contract obligating the agent to provide at least the same level of protection as is required by the relevant Safe Harbor Principles, being subject to EU Directive 95/46/EC (the EU Data Protection Directive), Safe Harbor certification by the agent, or being subject to another European Commission adequacy finding (e.g., companies located in Hungary and Switzerland). Where Thetawave has knowledge that an agent is using or disclosing personal information in a manner contrary to this Policy, Thetawave will take reasonable steps to prevent or stop the use or disclosure.

ACCESS AND CORRECTION: Upon request, Thetawave will grant individuals reasonable access to personal information that it holds about them. In addition, Thetawave will take reasonable steps to permit individuals to correct, amend, or delete information that is demonstrated to be inaccurate or incomplete.

SECURITY: Thetawave will take reasonable precautions to protect personal information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction.

ENFORCEMENT: Thetawave will conduct compliance audits of its relevant privacy practices to verify adherence to this Policy. Any employee that Thetawave determines is in violation of this policy will be subject to disciplinary action up to and including termination of employment.

DISPUTE RESOLUTION: Any questions or concerns regarding the use or disclosure of personal information should be directed to the Thetawave Privacy Office at the address given below. Thetawave will investigate and attempt to resolve complaints and disputes regarding use and disclosure of personal information in accordance with the principles contained in this Policy. For complaints that cannot be resolved between Thetawave and the complainant, Thetawave has agreed to participate in the dispute resolution procedures of the panel established by the European data protection authorities to resolve disputes pursuant to the Safe Harbor Principles.

LIMITATION ON APPLICATION OF PRINCIPLES

Adherence by Thetawave to these Safe Harbor Principles may be limited (a) to the extent required to respond to a legal or ethical obligation; and (b) to the extent expressly permitted by an applicable law, rule or regulation.

INTERNET PRIVACY

Thetawave sees the Internet and the use of other technologies as valuable tools for communicating and interacting with consumers, employees, healthcare professionals, business partners, and others. Thetawave recognizes the importance of maintaining the privacy of information collected online and has created a specific Internet Privacy Policy (the "IPP") governing the treatment of personal information collected through web sites that it operates. With respect to personal information that is transferred from the European Economic Area to the U.S., the IPP is subordinate to this Policy. However, the IPP also reflects additional legal requirements and evolving standards with respect to Internet privacy. Thetawave’s Internet Privacy Policy can be found at www.Thetawave.com/privacy.htm.

CONTACT INFORMATION

Questions or comments regarding this Policy should be submitted to the Thetawave Privacy Office by mail as follows:

Thetawave Privacy Office
Thetawave, Incorporated
8439 Music Street
Chagrin Falls, OH 44022

CHANGES TO THIS SAFE HARBOR PRIVACY POLICY

This Policy may be amended from time to time, consistent with the requirements of the Safe Harbor Principles. A notice will be posted on the Thetawave web page (www.Thetawave.com) for 60 days whenever this Safe Harbor Privacy Policy is changed in a material way

EFFECTIVE DATE: July 24, 2003