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Bright House Networks Subscriber Privacy Notice
We, at Bright House Networks ("operator," "we" or "us"), are providing this notice to inform you of our practices regarding personally identifiable information that may be collected in the course of providing services to you over our cable system, including video programming services, ISP services, and digital voice services ("cable-based services"). this notice is being provided in accordance with the Cable Communications Policy Act of 1984 (the "cable act"). In addition to the cable act, this notice also makes reference to the Electronic Communications Policy Act of 1986, as amended ("ECPA"), and the Online Copyright Infringement Liability Limitation Act of 1998 ("copyright act"), which are also applicable if you are a subscriber to an ISP service provided by us over our cable system (an "ISP service").
this notice pertains to personally identifiable information about you that you have furnished to us, or that we have collected, in connection with the provision of cable-based services to you. Personally identifiable information does not include aggregate data that does not identify you.
The cable act's subscriber privacy provisions apply to cable operators, as defined in the privacy provisions of the cable act ("cable operators"), providing cable and other services over their systems. ISPs available over our cable system may provide subscribers with other information concerning their general privacy practices through additional policies and notices, which will continue to apply unless inconsistent with this notice. You may wish to review these additional policies and notices.
You should also be aware that most of the content and applications provided through your ISP service are provided by third parties, and that by accessing the online content of these third parties you may cause or enable the transmission by the system to them of personally identifiable information. The policies described in this notice do not apply to such third parties. As noted above, these third parties may have their own privacy policies, which you may also want to review.
Seven areas are covered by this notice:
- The nature of personally identifiable information collected about you and the way such information is used
- The nature, frequency, and purpose of any disclosure that may be made of such information
- Disclosure of information to governmental entities and through legal process
- The period of time such information will be maintained
- Your online communications on your ISP service
- The times and place you may have access to the information collected
- Your privacy rights under the cable act
- Collection and use of personally identifiable information
To provide service to you and operate efficiently, we collect information about you that may constitute personally identifiable information: your name, home, email and work address, telephone numbers, Social Security number, and credit and credit card information.
Depending on the services we provide to you, our records also may include information on billing, payment, damage and security deposits, maintenance and repairs, how many television sets you have connected to cable or that are cable ready, the location of these television sets in your home, the number and location of PCs in your home and your PC configuration, the service options you have chosen, and the number of converters, cable modems or other cable equipment installed in your home. We may remotely check your PC to the extent necessary to determine whether it is susceptible to unauthorized access or the dissemination of computer viruses. We may also keep records of research concerning subscriber satisfaction with our services, which are obtained from subscriber interviews and questionnaires. Additionally, we may have a record of whether you rent or own your home in the event that landlord permission is required prior to installing our cable facilities. We also maintain subscriber correspondence (via email or otherwise) and, if you are an ISP service subscriber, we may keep records of violations and alleged violations of your ISP service Subscription Agreement (your "Subscription Agreement") and other rules governing your use of the ISP service. Finally, we may obtain from third parties publicly available information about our subscribers.
The information described in the preceding paragraph is used for purposes such as the following: to make sure you are being billed properly for the services you receive; to send you pertinent information about our services; to maintain or improve the quality of our services; to answer questions from subscribers (i.e., for troubleshooting); to ensure compliance with relevant law and contractual provisions; to market cable or other services or products that you may be interested in; and for tax and accounting purposes.
Operator's system, in delivering and routing the ISP services, and the systems of ISPs available over our cable system, may automatically log information concerning Internet addresses you contact, and the duration of your visits to such addresses. We do not use or disclose any personally identifiable information that may be derived from these logs for marketing, advertising or similar purposes. operator, as described previously, as well as your ISP, in providing the ISP service to you, also has access to personally identifiable information about you or your ISP account, including the name and address associated with a given IP address or, possibly, one or more email accounts. You have consented, in your Subscription Agreement, to the collection of personally identifiable information as described in this paragraph.
Under the cable act, a cable operator may also collect personally identifiable information over a cable system without subscriber's consent if it is necessary to provide services to subscribers, or to prevent unauthorized access to services or subscriber data.
ISPs provided over our cable system also may collect the following types of information that may constitute personally identifiable information:
- Registration and account information, including your name, address, telephone number, screen names and email address(es), means of subscription, billing and payment (including credit card) information, and complaint and service history.
- Account usage information, including information about how often and how long you use the relevant ISP service, areas of the ISP service visited and features of the ISP service selected or used, and purchases that you have made through the ISP service;
- Technical information, including information about your computer system, its software and modem, and your geographical location;
- Other subscriber information, including preference and other information you provide when you use or personalize your use of your ISP service, information provided by ISPs' business partners, information you publish on the ISP service, and information from other sources (for example, publicly available supplementary data).
The information collected by ISPs provided over our cable system in connection with your use of their ISP services may be used in connection with the provision and maintenance of the relevant ISP service and to fulfill transactions that you request, to personalize or improve your online experience, or as otherwise necessary in the course of their businesses (for example, in audits, billing matters, or research). Such ISPs may also use this information to provide advertising and other offers for goods and services to you, subject to the marketing preferences you may select when using their ISP services. If you are a subscriber to one or more of the ISPs provided over our cable system, you have consented in your Subscription Agreements to the collection of such information for the uses described above.
Cable operator is not responsible for the performance of ISPs provided over our cable system in regards to their privacy policies or privacy requirements under federal or state law.
- Disclosure of personally identifiable information
Personally identifiable information that we maintain related to our subscribers will be disclosed by us without the prior written or electronic consent of subscribers only if:
- It is necessary to render, or conduct a legitimate business related to, the services that are provided to you
- Such disclosure is required by law or legal process as described below
- For mailing lists as described below.
The types of persons to whom information about you may be disclosed by us in the course of providing cable service to you include our employees and those of our related legal entities, agents, repair and installation subcontractors, sales representatives, accountants, billing and collection services and credit reporting agencies, consumer and market research firms, and authorized representatives of governmental bodies. Also upon reasonable request, personally identifiable information is disclosed to persons or entities with an equity interest in legal entities related to us when they have a legal right to inspect our books and records.
In addition, if you are an ISP service subscriber, information, including personally identifiable information, may be shared between us and your ISP in providing the ISP service. The types of persons to whom information about you may be disclosed in the course of providing an ISP service to you may include, in addition to those persons listed above, your ISP and its employees or other entities who provide content and/or services to the ISP service or to you via the ISP service.
Information for billing purposes is generally provided by us on a monthly basis to billing vendors. Information for other purposes is provided by Operator as it is needed.
Unless you object by written notice to us, the cable act also permits cable operators to disclose personally identifiable information to others, such as advertisers and direct mail or telemarketers, for non-cable related purposes. Under the cable act, any disclosures for purposes other than as described in the first three paragraphs of this Section 2 and in Section 3 of this notice is limited to the following "mailing list information": your name, address and the particular services to which you subscribe (e.g., HBO or other premium channels or tiers of service). In addition, we may add to our mailing list publicly available information about subscribers that is obtained from third parties. Mailing list information cannot include the extent of your viewing or use of a particular service, including the extent of your use of any ISP service, or the nature of any transaction you make over the cable system. We may disclose such mailing list information to others from time to time. If you wish to have us remove you from our mailing list, please notify us in writing at the main office of your local Operator.
In addition to any disclosures permitted in the first paragraph of Section 2, ISPs provided over our cable system may also disclose, pursuant to the consent you granted in your Subscription Agreement, the personally identifiable information described in Section 1 in connection with the provision of services to you, to fulfill transactions that you request, to personalize your online experience, to comply with criminal or civil legal process (including as described in Section 3 of this notice), and as otherwise necessary in the ordinary course of their businesses. For example, such ISPs may disclose your personally identifiable information routinely to their employees, agents and contractors to maintain, market, provide, and audit your ISP service; to outside auditors to check their records; to attorneys and accountants as necessary to render services to such ISPs; and to merchants from whom you make purchases. The frequency of such disclosures varies according to business needs. The names and addresses of subscribers to ISPs provided over our cable system may also be disclosed to selected companies to provide you direct mail product and service offers, subject to the marketing preferences you may select when using your ISP service. In disclosing name and address information for such purposes, such ISPs may combine these lists with publicly available information (such as census and household information), or segment them (i.e., create separate sub-lists) based on such publicly available information or on other information (such as when the subscriber began using the ISP service, or the subscriber's computer type).
- Disclosure of information to government entities and other legal process
Under federal law, the government may require Operator or your ISP to disclose subscriber record information (but not video program selections or the content of communications) pursuant to a warrant, court order, subpoena, or other legal process without any notice to you and without your consent.
Under ECPA, a governmental entity may obtain basic subscriber information pursuant to an administrative subpoena, including: name; address; local & long distance telephone connection records, or records of session times and durations; length and types of service; telephone or instrument number or other subscriber number or identity, including any temporarily assigned network address (e.g., IP address); and means and source of payment for such service (including any credit card or bank account number). Other subscriber information (not including video program selections and the contents of communications) may be obtained by the government pursuant to a court order or search warrant.
In addition, under the cable act, the government may obtain a court order requiring Operator to produce a subscriber's video programming records and notify the subscriber that it has produced them. To obtain the contents of e-mails, the government must obtain a warrant if the email has been stored 180 days or less, or a subpoena or court order, with notice by the government to the subscriber, if the email contents have been stored more than 180 days. In addition, pursuant to an administrative subpoena, state welfare agencies may obtain the names and addresses of individuals as they appear in the subscriber records of cable companies with respect to those who owe, or are owed, welfare support.
If you subscribe to an ISP service, a private party may use a subpoena under the copyright act to obtain information about you to protect its copyright against infringement, without any notice to you.
In your Subscription Agreement, you have agreed that Operator and ISPs provided over our cable system may also disclose any information in its possession to protect its rights, property or operations, or where circumstances suggest that individual or public safety is in peril.
- Time period that we retain personally identifiable information
Operator maintains personally identifiable information about subscribers for as long as it is necessary for business purposes. This period of time lasts as long as you are a subscriber and up to 15 additional years so that we can comply with tax and accounting requirements. When information is no longer necessary for these purposes, we destroy the information unless there is a legitimate outstanding request or order to inspect the information.
- Your online communications on an ISP service
In addition to the situations described in Section 3, ECPA provides for other exceptional circumstances under which Operator or your ISP may be compelled to disclose information about you or your communications, or are permitted to disclose such information. For example, such information may be disclosed to law enforcement if it appears to be evidence of child pornography, or was inadvertently obtained and appears to pertain to a crime. Such disclosure is also permitted to an addressee or intended recipient (or his or her agent), or to a person involved in forwarding such information to its destination; when it is necessarily incident to providing service or to protect our rights or property; to others with your consent or the consent of an addressee or intended recipient (or his or her agent) of communications sent by you; or as otherwise provided for by law. In your Subscription Agreement, you have agreed that Operator may disclose any information in their possession to protect their rights, property and/or operations, or where circumstances suggest that individual or public safety is in peril.
- Access to records
Under the cable act, you have the right to inspect the records of a cable operator that contain personally identifiable information about you and correct any errors in such information. If you wish to inspect these records, please notify Operator in writing and an appointment at our local business office will be arranged during our regular business hours.
- Your privacy rights under the cable act
The cable act provides you with a cause of action for damages, attorneys' fees and costs in Federal District Court should you believe that any of the cable act's limitations on the collection, disclosure, and retention of personally identifiable information have been violated by a cable operator. Your Subscription Agreement contains your agreement that, to the extent permitted by law, any claims that you have under the cable act will be decided in arbitration and attorneys' fees and punitive damages will not be available.
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