CUSTOMER PRIVACY NOTICE
Nex-Tech, LLC (“Nex-Tech”) is committed to protecting your privacy. As a Nex-Tech customer, you have a right to know how we handle your personal information. Nex-Tech strives to respect a customer’s desire for privacy and considers the treatment of such information to be a part of the trust you place in us by using our Internet, TV and Telephone Services (“Services”). This Customer Privacy Notice (“Notice”) applies to customers of our Services. Nex-Tech collects and keeps the personal information of our customers that is required to provide our services. The information is used to enable us to provide customers with the best service possible. Nex-Tech treats such information as private and keeps it secure. Nex-Tech does not sell private information to third parties. Nex-Tech uses the information only to provide the services to which you subscribe, protect against fraud, theft or abuse and to maintain good customer relations.
In providing services to you, we obtain certain PII that identifies you individually or can be reasonably used to identify you individually. PII may include your name, service address, billing address, telephone numbers, social security number, employer identification number (EIN), driver’s license number, user IDs, email addresses and credit card information. PII does not include de-identified, anonymous or aggregate data that does not identify you individually.
It is important to understand the difference between PII and information that is not PII to understand protections granted to TV, Internet and Telephone customers under the Communications Act of 1934. The Communications Act allows Nex-Tech to collect PII only:
- If you consent, in advance, in writing or electronically;
- In order to provide TV or other services to you; or
- To detect unauthorized reception
Subject to certain exceptions, Nex-Tech may not disclose PII except as necessary to render Services to you or with your consent. Prior to complying with a demand by a third party for information about you, we may notify you and you may have the right to oppose the disclosure in court. There are exceptions to this, such as disclosures to law enforcement agencies required by law, discussed below.
When you subscribe to our Services, Nex-Tech collects both PII and information that is not PII. Nex-Tech collects this information to provide Services to you and to keep business records that may include PII. The collected information includes information you provide when you sign up for a Service or during the course of your relationship with us as a customer. This information includes, but is not limited to, name, service address, billing address, telephone numbers, social security number, employer identification number (EIN), driver’s license number, user IDs, email addresses, names of spouses or relatives, birth dates, credit card, debit card or bank account information. Nex-Tech also maintains customer information concerning credit, billing and payments, security deposits, purchases made over the TV system, maintenance and repair, equipment and services provided and other service-related functions. In providing our Services, we may also collect information about your video equipment, the number and location of television sets in your home or business that are connected to our TV system, computer hardware and software, modems, routers, associated electronic addresses, settings and other preferences to aid in billing, maintenance and customer support.
Internet Services: Nex-Tech collects certain PII and general information concerning your use of Internet Services, such as your IP address, browser type, domain names, access times and referring website addresses and viewing history. Some of this information may identify customers who have downloaded certain materials or accessed certain websites. Nex-Tech also collects anonymous demographic information, which is not unique to you, such as your zip code, age, gender, preferences, interests and favorites.
Nex-Tech Wi-Fi Manager Mobile Application: Nex-Tech collects and processes information provided directly by you when you install the App and register for an account to use the App. Specifically, this information includes: your name, email address, location and telephone number; browser information and session cookies related to your access and use of the App; data insights Nex-Tech attains based on correlation and analytics of information collected in providing the App, which may be used in aggregated and dis-aggregated formats or to obtain trend analytics to provide the App; and use of the above-described collected information in aggregated and dis-aggregated formats to enhance our current App or to provide App features.
Nex-Tech Website: Nex-Tech encourages you to review the privacy statements of websites you choose to link to from Nex-Tech so you understand how those websites collect, use and share your information. Nex-Tech is not responsible for the privacy statements or other content on websites outside of the Nex-Tech and Nex-Tech family of websites. Please keep in mind that if you directly disclose PII or personally sensitive data through Nex-Tech public message boards, this information may be collected and used by others.
Nex-Tech’s website is not directed at, or intended for use by, children under the age of 13. We do not knowingly collect personal data from children under the age of 13. We encourage parents to monitor their child’s online behavior. Children should always get permission from a parent or guardian before sending personal information over the Internet. If you believe your child may have provided us with personal information, please contact us and we will delete the information.
Nex-Tech’s website uses “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a webpage server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the web server you have returned to a specific page. For example, if you personalize Nex-Tech pages, or register with Nex-Tech’s site or services, a cookie helps Nex-Tech to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses and so on. When you return to the same Nex-Tech website, the information you previously provided can be retrieved so you can easily use the Nex-Tech features you customized.
You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Nex-Tech services or websites you visit.
TV Services: We collect certain information in providing you with our TV and other services. There is also information about your computer hardware/software and set-top box that is automatically collected by Nex-Tech. This information is used by Nex-Tech for the operation of the Service, to maintain quality of the Service and to provide general statistics regarding use of the Service. The law prohibits us from using the TV system to collect PII for unrelated purposes without your consent.
Unless you are notified and agree, Nex-Tech will not collect user information concerning most video program viewing, except as needed to bill you. In providing some specific TV services, such as Pay-Per-View, Video On Demand and interactive TV services, Nex-Tech maintains limited usage information for billing, programming and related purposes. Nex-Tech may collect aggregate information that does not identify you for programming, advertising and similar purposes. In some cases, non-personal aggregate information may be collected by the TV system to determine which programs are popular, how many people are watching the show, and which TV features are used most often. This aggregate information may be provided to
third-party audience measurement firms who may combine it with other demographic information to conduct a more comprehensive audience analysis. Nex-Tech may also use aggregate information to distribute relevant programming and advertising to customers, programmers or advertisers.
Telephone Services: Nex-Tech does not listen to or record your telephone calls, landline or VoIP. Nex-Tech may monitor certain calls to our employees for quality control purposes. In providing telephone services, Nex-Tech does obtain usage information, including numbers called and received and duration of calls. Nex-Tech retains this information for five years, as required by some authorities, and treats all such information as private.
Generally, Nex-Tech collects only the PII required to provide Services and it is our policy to keep that information secure and retain it only as long as needed for our business purposes or as the law may require. We take reasonable precautions to identify you or your authorized representative when we receive an inquiry on your account as permitted by law. We also take reasonable steps to protect PII from unauthorized access.
USE AND SHARING
Use Policy: Nex-Tech considers PII confidential and uses it only for the business purpose of providing Internet, TV and Telephone Services for sales, installation, operations, administration, advertising, marketing, support, network management, maintenance, customer care, communications with you, billing and collection and for accounting and tax purposes. Nex-Tech may also use such information to monitor, detect and protect against both fraud and unauthorized use of our Services.
Nex-Tech may share aggregate information about customers and use of Services with third parties, such as audience measurement firms, who may combine it with other demographic information to conduct audience analyses for Nex-Tech’s internal business purposes.
Sharing Policy: In accordance with the law, Nex-Tech does not disclose any PII about you to third parties, outside of Nex-Tech, Nex-Tech’s affiliates, agents, vendors, business partners or others who assist us with providing services to you, without your prior consent. Nex-Tech does not sell or provide your PII to parties unrelated to the Services we provide without your permission.
Special Exceptions: Nex-Tech reserves the right to disclose PII if we have a good faith belief it is necessary to: (1) comply with the law; (2) protect and defend Nex-Tech’s rights or property or those of Nex-Tech’s customers; (3) respond to fraud, abuse or unauthorized reception; (4) enforce our On-Line Quote Terms and Conditions or Acceptable Use Policy; or (5) act in an emergency to protect your safety or that of another.
Nex-Tech may also transfer PII, along with your account, as a part of any sale or transfer of our business operations, merger or combination with another organization. In such a case, Nex-Tech will notify you of any policy changes.
Telephone and Internet Services: Federal law protects your privacy rights as a customer of Nex-Tech. These rights are in addition to the existing safeguards that Nex-Tech already has in place to ensure your privacy rights. You have the right, and Nex-Tech has a duty, under federal law, to protect the confidentiality of Customer Proprietary Network Information (CPNI). CPNI is information you might consider private and therefore wish for Nex-Tech to protect it from use for marketing purposes. CPNI is information Nex-Tech possesses solely due to the customer-carrier relationship that is necessary for Nex-Tech to serve your communications needs. CPNI is information about how, when, where and how often you use our telecommunications services and includes information concerning telephone and Internet Services relating to the quantity, technical configuration, type, destination, location, nature of telecommunications or Internet, or telephone toll service you receive and the amount of your use of telephone or Internet service. Examples of CPNI include Nex-Tech’s knowledge of the types of services to which you subscribe such as Caller ID, the quantity of your calls, the amount of your long-distance bill or a list of telephone numbers you have called.
Certain information is not considered CPNI such as your name, address and telephone number, or information that is in the public domain or available from other, non-Nex-Tech sources. For example, census data, customer list information and published directory information is public data.
Nex-Tech may use CPNI for certain purposes without your permission. Nex-Tech may use CPNI to offer you new or enhanced services that are related to the category of services to which you currently subscribe or to respond to your inquiry regarding services you currently use or related services offered. Nex-Tech may also use CPNI in connection with repair and maintenance services, billing and collection, to protect Nex-Tech’s property and to prevent fraud. In addition, Nex-Tech is also legally permitted to disclose your CPNI without express, prior approval in certain emergency-related situations.
Unless you specifically authorize or prohibit its use, Nex-Tech may not use CPNI to market its services that are unrelated to the services to which you currently subscribe.
Internet Services: Nex-Tech does not read your email messages, instant messages, online chats, voicemail messages or the content of other online communications that pass through our service. Nex-Tech may, however, retain and provide such communications if we are legally required to do so. 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 harm your equipment, the network or other users.
TV Services: Nex-Tech provides aggregate information concerning Pay-Per-View, entertainment on demand and interactive services to programmers, advertisers and certain other third parties. Digital video recorder service information is not shared with programmers or third parties, except on an aggregate basis. If you use an interactive service to participate in or to order a product or service, you will be asked for your permission to provide contact information to the appropriate party. When we offer new services to you, like DVR and interactive features, we will also inform you about information we may need and how it may be used.
CUSTOMER ACCESS TO PII
You may check the PII account accuracy and advise us of any errors by contacting a Nex-Tech representative during business hours at 877-625-7872.
INFORMATION WE MUST DISCLOSE
Nex-Tech may receive legal requests for customer information from government and law enforcement personnel. Nex-Tech may also receive discovery requests in civil cases. Nex-Tech cooperates by providing the information required by law. Nex-Tech does not volunteer customer information or give access to customer communications to law enforcement or others, except in the Special Exceptions detailed above or if we have a good faith belief that an emergency involving a danger of death or serious physical injury requires disclosure.
Many criminal subpoenas require that we not disclose or notify you of the request. Due to this fact and the volume of requests we receive, we do not assume any duty to notify you of receipt of any legal requests.
Internet Information: Nex-Tech sometimes receives subpoenas for your identity in connection with use of your Internet Service for apparent copyright infringement or other civil matters. Files shared over peer-to-peer services often include your IP address, and you can be identified if we receive a lawful subpoena. Law enforcement can also obtain details about your Internet use and the content of communications through a warrant or similar lawful authority.
Telephone Information: Law enforcement must obtain a warrant or other similar lawful authority to use a telephone wiretap or a pen register device to capture dialing information. Law enforcement can also subpoena account and call record information.
Television Programming Selections: Your video programming selections may only be obtained under court order and after notice is sent to you and you are given the opportunity to object in court.
Child Pornography: Nex-Tech works with the National Center for Missing and Exploited Children and other groups to eliminate child pornography on the Internet. The law requires us to report any evidence concerning apparent child pornography.
Nex-Tech retains PII in its business records as long as you are a customer or until no longer needed for business, tax or legal purposes. Once no longer required, Nex-Tech destroys or anonymizes the information.
Federal law limits the information a TV, telephone and Internet provider may collect, maintain, use and share. You may enforce your rights concerning our collection, use and sharing of your CPNI or PII. Among your remedies is the right to bring a civil action and seek damages, reasonable costs and attorneys’ fees.
Nex-Tech will occasionally update this Privacy Notice to reflect company and customer feedback. Nex-Tech encourages you to periodically review this Notice to stay informed of how Nex-Tech is protecting your information.
Nex-Tech welcomes your comments regarding this Privacy Notice. If you believe Nex-Tech has not adhered to this statement, please contact us. We will use commercially reasonable efforts to promptly determine and remedy the problem.