Windjammer Subscriber Privacy Policy
Windjammer Communications LLC is committed to respecting and protecting your privacy. This privacy notice ("Notice") describes our practices with respect to your "personally identifiable information" and certain other information and gives you a general understanding of how we protect your privacy in connection with our cable television services, our high-speed Internet services, our phone services and any other cable service or communication service we may provide to you using our cable system.
You can call us for a printed copy. We encourage you to read this notice carefully and call us with any questions. In this Notice, the terms "Windjammer," "we," "us," or "our" refer to Windjammer Communications LLC or its affiliates providing the applicable service. The term "you" refers to you as a customer to our cable service and/or other services.
Personally identifiable information is information that identifies you and that you have furnished to us or that we have collected in connection with your receipt of our services. Personally identifiable information does not include aggregate or anonymous data or any individual bits of data that do not identify you. This Notice applies to all of our residential and commercial subscription services, including video, voice and data services (collectively and individually, "Windjammer Services"), whether provided individually or as part of a bundle of services.
This Notice also discusses your Customer Proprietary Network Information ("CPNI"). This is information about you that we obtain solely in connection with your receipt of our telephone services ( "Phone Services"). Subject to certain exceptions, CPNI consists of the information contained in your Phone Services bill and any other information about the quantity, technical configuration, type, destination, location and amount of your use of Phone Services. If you are a Phone Services customer, we have a duty under federal law to protect the confidentiality of your CPNI and you have the right to have the confidentiality of your CPNI so protected.
This Notice does not cover information that we may collect from our Internet portals and websites, each of which contains its own privacy notice, or any applications, web services or tools that you download or access from these portals and websites. You should also be aware that some of the content, applications and advertisements provided on these portals and websites may be provided by third parties even where the items appear to be hosted by us. When you access these third parties' online content or services, your personally identifiable information may be transmitted to them. The policies described in this Notice do not apply to these third parties, which may have their own privacy policies.
This Notice does not cover third party on-line services that you may use or purchase with our data services (e.g., the services of Amazon, Yahoo!, Google, EarthLink and other on-line providers ( "OLPs")). These OLPs may have their own privacy policies.
Our website always contains the most current version of this Notice. See http://windjammercable.com/customer-service/subscriber-agreement. We also provide you with a copy of our Notice upon initiation of service and annually thereafter. You may also obtain a copy of the current Notice by contacting your local Windjammer office.
We may modify this Notice at any time. If we do, we will update it on our web site at http://www.windjammercable.com. We encourage you to review our policies (including our acceptable use policy and subscriber agreement) by visiting our websites periodically for the latest information and updates. If you continue to use the Windjammer Services following changes to our policies, whether or not you have reviewed them in full, we will consider that you have acted and consented to the policies and the changes. If you find these policies or any changes unacceptable, you can tell us about them or cancel service.
Six main areas are covered by this Notice:
- the nature of personally identifiable information and CPNI 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 such information to governmental entities and through legal process;
- the period of time during which such information will be maintained;
- the times and place you may have access to the information collected; and
- your rights under the Communications Act.
1. Collection and Use of Personally Identifiable Information and CPNI
A. Personally Identifiable Information
Under the Communications Act of 1934, as amended (the "Communications Act"), we may collect personally identifiable information (described below) over a cable system without your consent if it is necessary to provide our services to you or to detect unauthorized reception of cable communications and we may collect other information that you consent to our collecting and that we will use as you direct. While we cannot cover here every particular situation where personally identifiable information may be affected, we describe those situations below that we believe are most significant and would be of interest you. Below is a description of the information that we may collect, using the system or otherwise, about our users in order to provide our services and to detect unauthorized reception of our services.
Personally identifiable information: In order to provide any of our services to you, we may need to collect data about you, including your name; home, e-mail and work addresses; home, cellular and work telephone numbers; social security number; driver's license number; credit, credit card, debit card and bank information; billing and payment information; records of damage and security deposits; records of maintenance and repairs; the number of converters, cable modems or other cable equipment installed in your home or place of business (collectively, "Windjammer Equipment"); the number of television sets, telephones, computers and other equipment of yours that are connected to Windjammer Equipment or that receive the Windjammer Services (collectively, "Customer Equipment"); the location and configuration of Customer Equipment; the service options you have chosen; the programs, features and services you have utilized; identifying information associated with the Windjammer Equipment (e.g., a serial number and/or MAC address of each converter box installed); performance history associated with the Windjammer Equipment; whether you rent or own your home or place of business (as this may impact installation issues); subscriber correspondence; records of violations and alleged violations of our terms of service; customer research and satisfaction data; and information from third parties that is commercially available, such as age, income and other demographic information.
We may remotely check the Windjammer Equipment and the Customer Equipment for purposes that include diagnostics and network security and maintain records of the results.
Other information
Cable Television Services: Our system, in delivering video services, may automatically log information concerning the use and performance of your Windjammer Equipment, including programming choices requested, the date and time of these choices, and information, services and products ordered from us or our advertisers. This data may be used for purposes that include allowing us to deliver desired information, products and services to you. For example, if you request pay-per-view programming, we will need to collect information about your equipment along with the particular title ordered so that the right content is delivered to the right converter box. If the video ordered has a charge, we will then need to personally identify this information by associating it with your billing account so that we bill the correct customer.
In delivering a video service, we also track information about your use of Windjammer Equipment in a non-personally identifiable manner and we may combine this information with other non-personally identifiable information. We provide aggregate information that does not personally identify you concerning pay-per-view and interactive services to programmers, advertisers, audience measurement firms, and certain other third parties. This aggregate or anonymous information may be used for research and to determine which programming and commercials are being watched and helps programmers and cable operators decide on which programs, channels, and commercials to carry and/or deliver to you and generally making programming and advertising more relevant to our customers. By using any of Windjammer's interactive services and providing personal information to third parties, you are consenting to our collection and use of that personal information in accordance with the responses you provided. Third parties may combine aggregate information with other demographic information to conduct more comprehensive audience analyses. None of the data described in this paragraph will be used to personally identify you.
High Speed Internet Services: Like most Internet service providers, we automatically collect certain general information concerning your use of our high speed Internet service and have access to personally identifiable information about you and your data account, including the name and address associated with a given IP address or, possibly, one or more e-mail accounts and MAC addresses of equipment that is used. We may also collect and have information about how often and how long you use our service, including the amount of bandwidth used dates and times of access; technical information about your computer system, its software and modem; your geographical location; browsers used; and Internet resource requests, including requests to access web pages, web mail servers, and other servers. Some of this information may identify those subscribers who have downloaded certain materials or accessed certain websites. We do not disclose to others for their marketing or advertising purposes any personally identifiable information that may be derived from this collection. Your OLP may have its own privacy policies. We do not read, maintain copies of or disclose the content of your email messages, instant messages, online chats, "voice-over-internet" calls or the content of other online communications that reside on or pass through our service unless required to by law. Incoming and outgoing email messages are generally scanned automatically to identify and filter out likely spam or harmful messages and for viruses, spyware and related problems that could negatively effect your equipment, the network or other users. We may use email to send transactional or relationship messages related to the Services. If you prefer, you may opt-out of other marketing messages we may send by writing to Windjammer Cable, Attn: Marketing Opt Out, 8500 W 110th Street, Ste 600, Overland Park KS 66210, by utilizing the unsubscribe function included in the email sent by us to you (if applicable) or by sending an email to marketingoptout@wjcable.netThis e-mail address is being protected from spambots. You need JavaScript enabled to view it . Please include your name, address, and account number when contacting us for this purpose.
Phone Services: Our system, in delivering and routing telephone calls, may automatically log information concerning telephone numbers you call, telephone numbers from which you receive calls, the duration of such calls, the service features and functions you use, the frequency of such use and other CPNI for the uses described below.
The data that we collect from you, as described above, may be used, depending on the nature of the data and applicable law, for various purposes such as the following: to make sure you receive the services you have requested; 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 the Windjammer Equipment and the Windjammer Services; to answer questions from subscribers (e.g., for troubleshooting and technical support); install, configure, operate, provide, manage and support the Windjammer Equipment and the Windjammer Services; fraud prevention; determine whether there are violations of any applicable policies and terms and service; surveys; collection of fees and charges; to ensure compliance with relevant law and contractual provisions; to market Windjammer Services and other products that you may be interested in; and for tax and accounting purposes.
B. Customer Proprietary Network Information
Federal regulations limit our use and sharing of CPNI. Windjammer will use, disclose, or permit access to CPNI only in its provision of the communications service from which such information is derived; for services necessary to, or used in, the provision of such communications service, including the publishing of directories; to initiate, render, bill and collect for communications services; to protect the rights or property of Windjammer, or to protect users or other carriers or service providers from fraudulent or illegal use of, or subscription to, such services; to market services within the categories of services to which the customer already subscribes; to provide inside wiring installation, maintenance, or repair services; as required by law; or as expressly authorized by the customer.
We may, from time to time, use the CPNI generated in furnishing Phone Services to you to provide you with information about, and to market to you, communications-related products or services that are outside of the category of service to which you already subscribe. For instance, we may use the CPNI generated in our furnishing Phone Service to you to provide you with information about, and to market to you, data services. You have the right to restrict our use of your CPNI for such purposes. If you wish to do so, please notify us by writing to Windjammer Cable, Attn: Marketing Opt Out, 8500 W 110th Street, Ste 600, Overland Park KS 66210, by utilizing the unsubscribe function included in the email sent by us to you (if applicable) or by sending an email to marketingoptout@wjcable.netThis e-mail address is being protected from spambots. You need JavaScript enabled to view it . Please include your name, account number, telephone number and address on any written request. If you do not notify us within 30 days of this notification that you wish to restrict our use of your CPNI, we will assume that you approve of our use of CPNI for this purpose.
We will not use your CPNI to offer products or services to you without your permission that the FCC classifies as non-communications related (including video services) or that are offered by other companies or by joint ventures, if any, in which we may participate. If you agree, we may use CPNI during any call you make to us to provide telemarketing, referral, or administrative services to you. You may, for example, be asked during a telephone call with one of our customer service representatives for your permission to use your CPNI for the purpose of providing you with an offer. If you provide your permission orally, electronically or in writing, we will use or disclose the CPNI only for the duration of that telephone call in order to offer you additional services.
Please note that if you opt out or otherwise deny or restrict our use of your CPNI, it will not affect our provision to you of any Windjammer Services. Any permission or denial of permission to use your CPNI remains valid until such time as your Phone Services are discontinued or we receive your notice withdrawing permission.
2. Disclosure of Personally Identifiable Information and CPNI
Under the Communications Act, we may only disclose personally identifiable information covered by the Communications Act without your prior written or electronic consent 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 (3) for mailing lists, subject to the conditions described below. We may also disclose personally identifiable information and CPNI when you consent to the disclosure. Below is a description of our disclosure practices.
In the course of providing Windjammer Services to you, we may disclose your personally identifiable information to our employees, related legal entities, agents, vendors and business partners acting under our direction, including repair and installation subcontractors, sales representatives, lawyers, accountants and other professional advisors, billing and collection services, and consumer and market research firms, credit reporting agencies and authorized representatives of governmental bodies. Windjammer sometimes uses affiliates, vendors, business partners and others outside of Windjammer ("business partners") who assist us in providing the Windjammer Services to you. We may, without your prior consent, provide personally identifiable information to business partners for such purposes. We may also disclose such information to advertisers and business partners for purposes of carrying out transactions you request. Upon reasonable request, personally identifiable information may be disclosed to persons or entities with an equity interest in our related legal entities when they have a legal right to inspect our books and records. We reserve the right to disclose personally identifiable information if we have a good faith belief that it is necessary to: (1) comply with the law or legal process served on us, including, but not limited to, governmental criminal or administrative subpoenas, court orders, warrants and summonses (including as described in Section 3 of this Notice); (2) protect and defend our rights or property or those of others; (3) respond to fraud, abuse, identity theft, or unauthorized reception of our services; (4) enforce our policies and terms of use; (5) act in an emergency to protect your personal safety or that of another; or (6) prevent or assist in preventing child abuse. Also, if we enter into a merger, acquisition or sale of all or a portion of our assets, your personally identifiable information may be transferred as part of the transaction.
In addition, if you receive our data service, information, including IP addresses, may be disclosed to third parties in the course of providing the service to you. Recipients of such information may include, in addition to those persons listed above, entities that provide content and/or services to us or your OLP.
Unless you object, the Communications Act also permits us to disclose limited personally identifiable information to others, such as charities, marketing organizations, or other businesses, for cable or non-cable "mailing list" or other purposes. From time to time we may disclose your name and address for these purposes. However, you have the right to prohibit or limit this kind of disclosure by notifying us in writing at Windjammer Cable, Attn: Disclosure Opt Out or by sending an e-mail to disclosureoptout@wjcable.netThis e-mail address is being protected from spambots. You need JavaScript enabled to view it . Please include your name, account number and address on any such request. Any "mailing list" and related disclosures that we may make are limited by the Communications Act to disclosures of subscriber names and addresses and may not reveal, directly or indirectly, (i) the extent of any viewing or other use by the subscriber of a cable service or other service provided by us; or (ii) the nature of any transaction made by the subscriber over our cable system or any information that constitutes CPNI. We may disclose or sell such mailing list information from time to time. If you wish to be removed from our mailing list, please notify us in writing at Windjammer Cable, Attn: Disclosure Opt Out or by sending an e-mail to disclosureoptout@wjcable.netThis e-mail address is being protected from spambots. You need JavaScript enabled to view it . Please include your name, account number and address on any such request.
In addition, we may disclose, in connection with the provision of services to you and pursuant to the consent you granted in your subscriber agreement, the personally identifiable information described in Section 1 in order to fulfill transactions that you request, to personalize your online experience and as otherwise necessary in the ordinary course of business. The frequency of such disclosures varies according to business needs.
Caller ID, 911 and Directory Services and Directory Listings: We may disclose to others personally identifiable information and CPNI in connection with features and services such as Caller ID, 911/E911, and directory services as follows: We may transmit your name and/or telephone number to be displayed on a Caller ID device unless you have elected to block such information. Please note that Caller ID blocking may not prevent the display of your name and/or telephone number when you dial certain business or emergency numbers, 911, 900 numbers, or toll-free 800, 888, 877, or 866 numbers. We may provide your name, address, and telephone number to public safety authorities and their vendors for inclusion in E911 databases and records, inclusion in "reverse 911" systems, or to troubleshoot 911/E911 record errors. We will also disclose limited personal information to telephone companies so that your calls can be properly routed.
We may publish and distribute, or others may publish and distribute, telephone directories in print, on the Internet, and on removable or storage media. Those telephone directories may include subscriber names, addresses, and telephone numbers, without restriction on use. We may also make subscriber names, addresses, and telephone numbers available directly or indirectly, through directory assistance operators. We may provide subscribers' names, addresses, and telephone numbers to unaffiliated directory publishers and directory assistance providers for their use in creating directories and offering directory assistance services. Once our subscribers' names, addresses, and telephone numbers appear in telephone directories or directory assistance, they may be sorted, packaged, repackaged and made available again in different formats by anyone. We offer our telephone customers the ability to designate their listings as non-published within any of these print or electronic directories or directory assistance services. There is a fee for subscribers who choose to have non-published or unlisted numbers. We take reasonable precautions to ensure that non-published and unlisted numbers are not included in our telephone directories or directory assistance services, but we cannot guarantee that errors will never occur. Because of the complexity of this process and the involvement of other entities in publishing, errors may occur from time-to-time. These and certain other telephone services are offered subject to contractual terms which limit our liability in the event of errors.
3. Disclosure of Information to Governmental Entities and Other Legal Process
We regularly receive legal requests from governmental entities and law enforcement personnel for customer information and records. We may also receive discovery requests in civil litigation. In all such cases, we cooperate by providing such information as the law requires. Federal law requires us to disclose certain customer information, including certain personally identifiable information to a governmental entity or other third parties pursuant to certain legal process. Generally, this process requires a court order and, if the order is sought by a governmental entity, you are afforded the opportunity to contest in court any claims made in support of the court order sought, and the governmental entity must 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. However, there are exceptions to this general rule in areas including the Electronic Communications Privacy Act, which allows certain customer information, including certain personally identifiable information to be obtained in some circumstances by governmental entities through a subpoena, warrant or court order; welfare laws, which allow state welfare agencies to obtain by administrative subpoena the names and addresses of individuals who owe or are owed welfare support; child pornography statutes, which impose an affirmative duty on us to disclose certain information upon knowledge; and counterintelligence laws, which require us to provide information based on National Security Letters. At times, laws like these or specific court orders may require that we not disclose to you the existence of demands for your personally identifiable information. We will honor these laws and orders. We will comply with legal process when we believe in our discretion that we are required to do so. We will 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 may last as long as you are a subscriber and, if necessary, for additional time so that we can comply with tax, accounting and other legal requirements. When information is no longer needed for these purposes, it is our policy to destroy or anonymize it.
5. Access to Records
Under the Communications Act, you have the right to inspect our records that contain personally identifiable information about you and to correct any errors in such information. If you wish to inspect these records, please notify us in writing and an appointment at our local business office will be arranged during our regular business hours.
6. Your Rights Under the Communications Act
We are providing this Notice to you in accordance with the Communications Act. The Communications 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 Communications Act's limitations on the collection, disclosure, and retention of personally identifiable information have been violated by us. Your subscriber agreement contains your agreement that, to the extent permitted by law, any such claims will be decided in arbitration.
7. How We Protect Customer Information
We follow industry-standard practices to take such actions as are necessary to prevent unauthorized access to customer information by a person other than you or us. We use security and encryption technologies to secure certain sensitive personally identifiable information we collect over the cable system. We limit access to our customer database to those who are authorized, and secure its content with firewalls and other security methods. When we anonymize or aggregate information to remove your personal identity, we will use safeguards to reduce any risk of others identifying you from the anonymized or aggregated records. We cannot guarantee, however, that these practices will prevent every unauthorized attempt to access, use, or disclose personally identifiable information. We also expect you to protect your information and ensure that no unauthorized users can obtain any of our services or your information indirectly or directly from you.
8. Notice to Our California Customers
California law permits our California customers to request certain information regarding our disclosures in the prior calendar year, if any, of personally identifiable information to third parties for their own direct marketing purposes. To make such a request, please contact us at Windjammer Cable, Attn: California Disclosure Request, 8500 W 110th Street, Ste 600, Overland Park KS 66210 and include your name and the address to which you would like us to respond. Please include your name, account number, telephone number and address to which the request relates. We will attempt to provide you with the requested information within thirty days of receipt.
9. Other Terms and Changes in Policy
Other terms and conditions affect our service offerings, including certain cable television service contracts and subscriber agreements, our acceptable use policy for high speed Internet service, tariffs and the terms of use for our websites. Changes in our service offerings, the law and policy may cause us to make changes to this and other policies from time to time. Any changes will be posted at http://www.windjammercable.com.
If you have any questions about this privacy notice or our other policies, please contact us at Windjammer Cable, Attn: Privacy and Policy Notices, 8500 W 110th Street, Ste 600, Overland Park KS 66210.
September 2010
