We at Zito Media, your local cable operator ("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
and ISP 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 Operator over its cable system (an "ISP Service").
This Notice pertains to personally identifiable information
about you that you have furnished to Operator, or that Operator has 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.
The provisions of this Notice do not apply to non-affiliated, third party
ISPs (e.g., EarthLink) whose ISP Services are provided on Operator's cable
systems. These non-affiliated ISPs may have their own privacy policies, which
you may want to review. 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. These third parties may have their own privacy policies,
which you may also want to review.
1. Collection and Use of Personally Identifiable Information
In
order that Operator can provide service to you and operate efficiently,
Operator collects 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, and credit
and credit card information. Depending on the services Operator provides
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, Operator 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 e-mail or otherwise) and, if you are an ISP Service subscriber, we
may keep records of violations and alleged violations of your Broadband
Internet Access Service Agreement with Operator (your "Agreement") and
other rules governing your use of the ISP Service. Finally, Operator 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 Operator's
services; to maintain or improve the quality of Operator's 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, may automatically
log information concerning Internet addresses you contact, and the duration
of your visits to such addresses. Operator does not use or disclose any personally
identifiable information that may be derived from these logs for marketing,
advertising or similar purposes. Operator, as described above, 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
e-mail accounts. You have consented, in your 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 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 Operator maintains related to its subscribers
will be disclosed by Operator 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 Operator
in the course of providing cable service to you include the employees of
Operator 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 Operator 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 Operator 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 Operator on a
monthly basis. Information for other purposes is provided by Operator as
it is needed.
Unless you object, 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, Operator may add to its 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. Operator may disclose such mailing list information from time
to time. If you wish to have us remove you from our mailing list, please
notify us in writing at the local office.
3. Disclosure of Information to Government Entities and Other Legal Process
Federal law requires Operator 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, ECPA requires your ISP and us
to reveal information to the government in certain additional circumstances.
ECPA addresses both the content of communications on the ISP Service, as
well as subscriber record information. ECPA requires your ISP and 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 Operator or your ISP
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 Agreement, you have agreed that Operator may also disclose any information
in its possession to protect its 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
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 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 Operator and/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 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.
6. 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.
7. Your 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 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.
