NetFlix 2008 Annual Report Download - page 21

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Privacy concerns could limit our ability to leverage our subscriber data and our disclosure of or
unauthorized access to subscriber data could adversely impact our business and reputation.
In the ordinary course of business and in particular in connection with providing our personal movie
recommendation service, we collect and utilize data supplied by our subscribers. We currently face certain legal
obligations regarding the manner in which we treat such information. Other businesses have been criticized by
privacy groups and governmental bodies for attempts to link personal identities and other information to data
collected on the Internet regarding users’ browsing and other habits. Increased regulation of data utilization
practices, including self-regulation as well as increased enforcement of existing laws, could have an adverse
effect on our business. In addition, if unauthorized access to our subscriber data were to occur or if we were to
disclose data about our subscribers in a manner that was objectionable to them, our business reputation could be
adversely affected and we could face potential legal claims that could impact our operating results.
Our reputation and relationships with subscribers would be harmed if our subscriber data, particularly
billing data, were to be accessed by unauthorized persons.
We maintain personal data regarding our subscribers, including names and mailing addresses. With respect
to billing data, such as credit card numbers, we rely on licensed encryption and authentication technology to
secure such information. We take measures to protect against unauthorized intrusion into our subscribers’ data.
If, despite these measures, we, or our payment processing service, experience any unauthorized intrusion into our
subscribers’ data, current and potential subscribers may become unwilling to provide the information to us
necessary for them to become subscribers, we could face legal claims, and our business could be adversely
affected. Similarly, if a well-publicized breach of the consumer data security of any other major consumer Web
site were to occur, there could be a general public loss of confidence in the use of the Internet for commerce
transactions which could adversely affect our business.
In addition, because we obtain subscribers’ billing information on our Web site, we do not obtain signatures
from subscribers in connection with the use of credit cards by them. Under current credit card practices, to the
extent we do not obtain cardholders’ signatures, we are liable for fraudulent credit card transactions, even when
the associated financial institution approves payment of the orders. From time to time, fraudulent credit cards are
used on our Web site to obtain service and access our DVD inventory and streaming. Typically, these credit
cards have not been registered as stolen and are therefore not rejected by our automatic authorization safeguards.
While we do have a number of other safeguards in place, we nonetheless experience some loss from these
fraudulent transactions. We do not currently carry insurance against the risk of fraudulent credit card
transactions. A failure to adequately control fraudulent credit card transactions would harm our business and
results of operations.
Increases in payment processing fees or changes to operating rules would increase our operating expenses
and adversely affect our business and results of operations.
Our subscribers pay for our subscription services predominately using credit cards and debit cards. Our
acceptance of these payment methods requires our payment of certain fees. From time to time, these fees may
increase, either as a result of rate changes by the payment processing companies or as a result in a change in our
business practices which increase the fees on a cost-per-transaction basis. Such increases may adversely affect
our results of operations.
We are subject to rules, regulations and practices governing our accepted payment methods, which are
predominately credit cards and debit cards. These rules, regulations and practices could change or be
reinterpreted to make it difficult or impossible for us to comply. If we fail to comply with these rules or
requirements, we may be subject to fines and higher transaction fees and lose our ability to accept these payment
methods, and our business and results of operations would be adversely affected.
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