NOTE To Members & Visitors:
The following notice covers the privacy practices of dv8fims.org and, additionally, those other affiliated organizations operating under our umbrella site. You may also wish to consult that other operator's privacy policies and notices as well.
We at dv8fims.org ("The Org," "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 products or services to you, including video services and consulting services. This notice is also being provided on behalf of dv8fims.org affiliated service providers whose services are being utilized to provide our web content as well as any other affiliated Service Organization which we may offer in the future. This Notice is being provided in accordance with the Electronic Communications Policy Act of 1986, as amended ("ECPA"), and the Online Copyright Infringement Liability Limitation Act of 1998 ("Copyright Act").
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 products or services to you. The provisions of this Notice also apply as indicated herein to personally identifiable information that you have furnished to Affiliated Organizations or that they have collected in connection with their provision of products or service. Personally identifiable information does not include aggregate data that does not identify you.
The provisions of this Notice do not apply to non-affiliated, third party vendors whose Products and Services may be provided through a link available from this site. These non-affiliated vendors 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 our site 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.
Five areas are covered by this Notice:
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, 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 much of any particular type of
merchandise you may purchase, the service options you have chosen, and the
frequency with which you may access the site.
We may also keep records of research concerning satisfaction with
our services, which are obtained from interviews and questionnaires. We also
maintain customer correspondence (via e-mail or otherwise). 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; to ensure compliance with relevant law and contractual provisions; to market other services or products that you may be interested in; and for tax and accounting purposes.
Our system, in delivering and routing Our Services, and the systems of your Internet service providers (ISP), 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, 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 Subscription Agreement to your ISP, 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.
ISPs 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 our
business partners, information you publish on the ISP
Service, and information from other sources (for example, publicly available
supplementary data).
The information collected by Affiliated ISPs 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). 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 ISPs, you have consented in your Subscription Agreement(s) to the collection of such information for the uses described above.
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 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 ISPs 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 on an as-needed basis. Information for other purposes is provided by Operator as it is requested and approved.
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, your ISP 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. We may purchasse 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.
In addition to any disclosures permitted in the first paragraph of this Section 2, ISPs 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, in order 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, 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 may also be disclosed to selected companies in order 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, our 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).
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, 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 us 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. Additionally, ISPs may release information about you to comply with valid legal process such as a subpoena or court order, or as required by law.
In your Subscription Agreement, you have agreed that your ISP 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
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 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 ISP Subscription Agreement, you have
agreed that ISPs 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 your ISP in writing and an appointment at the local business
office will be arranged during 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 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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