Cable and Internet Subscriber Privacy Notice
Microwave Satellite Technologies, Inc. d/b/a NuVisions Television
and NuVisions Broadband (“NuVisions”, "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 telephony services
("cable-based services"). Not all services may be available
in your particular geographic area. 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"), which is applicable
if you are a subscriber to our ISP service provided over our cable
system (an "ISP Service") or telephony services, and
the Online Copyright Infringement Liability Limitation Act of 1998
("Copyright Act"), which is also applicable if you are
a subscriber to our 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. The
provisions of this Notice also apply as indicated herein to personally
identifiable information that you have furnished to us or that
we have collected in connection with our provision of ISP Service.
Personally identifiable information does not include aggregate
data that does not identify you.
1. Collection and Use of Personally Identifiable Information
In order that we can provide service to you and operate efficiently,
we collect the following types of information about you that may
constitute personally identifiable information: your name, home,
email and work address, telephone numbers, social security number,
credit information, and bank account and credit card information
used to pay for our services. 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 copies of our correspondence with
our subscribers (via e-mail or otherwise) and, if you are an ISP
Service subscriber, we may keep records of violations and alleged
violations of your Cable Subscription Terms and Conditions (your "Subscription
Agreement") and other rules governing your use of the ISP
Service, including, but not limited to, the Acceptable Use Policy.
Finally, we may sometimes 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.
Our system, in delivering and routing the ISP Services, 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.
We, in providing the ISP Service to you, also have 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 e-mail accounts. You have consented, in your Subscription
Agreement, to the collection of personally identifiable information
as described in this paragraph.
In addition, if you use a telephony service we provide, then as
a necessary incident of providing that service, our computer systems
automatically capture and store information that may include, but
is not limited to, the dates, times and length of your calls, as
well as the telephone numbers that you communicate with. Any personally
identifiable information that may be derived is subject to the
policies described in this Notice and to our obligations under
the ECPA and other applicable law.
Under the Cable Act, a Cable Operator may also collect personally
identifiable information over a cable system without subscribers'
consent if it is necessary to provide services to subscribers,
or to prevent unauthorized access to services or subscriber data.
2. 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: (1) it is necessary
to render, or conduct a legitimate business related to, the services
that are provided to you; (2) such disclosure is required by law
or legal process as described below; or (3) 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 the
employees of NuVisions and its 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.
We may contact you ourselves from time to time to let you know
about changes to your services, new service offerings, or maintenance
work that may temporarily effect your service. We do not share
your information with others, such as advertisers and direct mail
or telemarketers, without your permission.
3. Disclosure of Information to Government Entities and Other
Legal Process
Federal law requires us to disclose personally identifiable information
to a governmental entity or other third party pursuant to a court
order. If the court order is sought by a governmental entity, the
Cable Act requires that you be afforded the opportunity to contest
in court any claims made in support of the court order sought.
At such a proceeding, the Cable Act requires the governmental entity
to offer clear and convincing evidence that the subject of the
information is reasonably suspected of engaging in criminal activity
and that the information sought would be material evidence in the
case. 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. Such information
may be obtained without a court order and does not require that
a subscriber be given notice of and the opportunity to contest
the disclosure.
If you are a subscriber to an ISP Service or telephony services,
ECPA requires us to reveal information to the government in certain
additional circumstances. ECPA addresses both the content of communications
as well as subscriber record information. ECPA requires us to disclose
to governmental authorities the content of communications in response
to a criminal warrant or court order without any notice to you
and without your consent.
In addition, under ECPA the government may require us to disclose
subscriber record information (but not the content of communications)
pursuant to a warrant, court order or subpoena without any notice
to you and without your consent.
If you subscribe to an ISP Service, a private party may use a
subpoena under the Copyright Act to obtain information about you
to maintain a copyright infringement suit against the poster of
online material, without any notice to you.
In your Subscription Agreement, you have agreed that we may also
disclose any information in our possession to protect our rights,
property and/or operations, or where circumstances suggest that
individual or public safety is in peril.
4. Time Period That We Retain Personally Identifiable Information
We maintain 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 fifteen
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.
5. Your Online Communications on an ISP Service
In addition to the situations described in Section 3, ECPA provides
for other exceptional circumstances under which we 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.
6. Access to Records
Under the Cable Act, you have the right to inspect our records
that contain personally identifiable information about you and
correct any errors in such information. If you wish to inspect
these records, please notify us in writing and an appointment at
our business office will be arranged during our regular business
hours.
7. Your Rights
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 us.
Oversight
If you have comments or questions about our privacy policy, please email us
at csr@nuvisions.tv.
