EvenLink Subscriber
Privacy NoticeWe, at
EvenLink LLC ("ISP"," "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 Internet services to you. This Notice
makes reference to the Electronic Communications Privacy Act of 1986, as
amended ("ECPA"), and the Online Copyright Infringement Liability Limitation
Act of 1998 ("Copyright Act"), which are applicable to you as a subscriber
of EvenLink.
IMPORTANT TERMS
When reviewing any privacy policy on
the Internet, you should be familiar with the terms "personally identifiable
information" and "aggregate information." "Personally identifiable
information" is any information that can be used to identify, contact or
locate you as an individual. Common examples are name and address.
"Aggregate information" lumps your behavior or characteristics together with
those of a group. For instance, we may let advertisers know that 50%
of our users are over 35 without disclosing the personal information of any
one individual.
You should also be aware that most of the content and applications provided
through EvenLink 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. The nature of personally
identifiable information collected about you and the way such information is
used;
2. The nature, frequency, and purpose of any disclosure that may be made of
such information;
3. Disclosure of information to governmental entities and through legal
process;
4. The period of time such information will be maintained; and
5. Your online communications.
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, 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, the number and location of PCs in your home and your PC
configuration, the service options you have chosen, and the number of
modems or other Internet 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 Internet facilities. We also maintain subscriber
correspondence (via e-mail or otherwise) and we may keep records of
violations and alleged violations of your ISP Service Subscription Agreement
(your "Subscription Agreement") and other rules governing your use of the
ISP Service. 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 Internet or other
services or products that you may be interested in; and for tax and
accounting purposes.
EvenLink'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. We do not use or disclose any
personally identifiable information that may be derived from these
logs for marketing, advertising or similar purposes. EvenLink, 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.
2. Disclosure of Personally
Identifiable Information
Personally identifiable information
that we maintain related to our subscribers will never be disclosed by us
without the prior written or electronic consent of subscribers unless: (1)
it is necessary to render, or conduct a legitimate business related to, the
services that are provided to you; or (2) such disclosure is required by law
or legal process as described below.
The types of persons to whom personally identifiable information about you
may be disclosed by us in the course of providing Internet service to you
include our employees and those of our 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.
Information for billing purposes is generally provided by us on a monthly
basis to billing vendors. Information for other purposes is provided by
EvenLink as it is needed.
3. Disclosure of Information to
Government Entities and Other Legal Process
Under federal law, the government may require EvenLink to disclose
subscriber record information pursuant to a warrant, court order, subpoena,
or other legal process without any notice to you and without your consent.
Under ECPA, a governmental entity may obtain basic subscriber information
pursuant to an administrative subpoena, including: name; address; local &
long distance telephone connection records, or records of session times and
durations; length and types of service; telephone or instrument number
or other subscriber number or identity, including any temporarily
assigned network address (e.g., IP address); and means and source of
payment for such service (including any credit card or bank account number).
Other subscriber information (not including video program selections and the
contents of communications) may be obtained by the government pursuant to a
court order or search warrant.
Under the Copyright Act, a private party may use a subpoena to obtain
information about you in order to protect its copyright against
infringement, without any notice to you.
4. Time Period That We Retain
Personally Identifiable Information
EvenLink 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
In addition to the situations described in Section 3, ECPA provides for
other exceptional circumstances under which EvenLink may be compelled to
disclose information about you or your communications, or is 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.