Subscriber Notice of Privacy Policies
11/28/2007
Subscriber Notice of Privacy Policies
Under the Cable Act
The following notice (“Notice”) is provided by Grande Communications Holdings, Inc. and its subsidiary, Grande Communications Networks, Inc. (collectively, “Grande”), to inform you of our practices regarding personally identifiable information that may be collected in the course of providing cable service over our cable system (“Grande Services”) to you. This Notice is being provided under the federal Cable Communications Policy Act of 1984 (47 U.S.C. 551), as amended (the “Cable Act”). If you are a subscriber to the Grande Services, this Notice also makes reference to the Electronic Communications Privacy Act of 1986 (18 U.S.C. 2510) (“ECPA”) and the Online Copyright Infringement Liability Limitation Act of 1998 (17 U.S.C. 201) (“OCILLA”). If you receive your bills electronically, this notice will be sent to you similarly. If you cannot print an electronic version or would like to receive a written copy in lieu of an electronic one, please contact Grande Communications Networks, Inc. c/o Legal Department, 401 Carlson Circle, San Marcos, Texas 78666.
This Notice pertains only to personally identifiable information about you that you have furnished to us, or that we have collected, in order to provide Grande Services to you. Personally identifiable information does not include aggregate data that does not identify you. It also does not include information about you (i) that is collected other than in the course of providing the Grande Services or (ii) that is obtained from publicly available sources.
The Cable Act pertains to such personally identifiable information to the extent it is directed by you to, or collected by, Grande within Grande’s operations. By accessing the online content of third parties you may cause or enable the transmission by or through the Grande Services of personally identifiable information. Third party website and content providers may have their own privacy policies which you may want to review.
Seven areas are covered by this Notice:
1. The nature of personally identifiable information collected about you
and the way we use such information;
2. The nature, frequency, and purpose of any disclosure which we may
make of such information;
3. Disclosure of information to governmental entities and through applicable law
or legal process;
4. Your online communications using the Grande Service;
5. The period of time we will maintain such information;
6. The time and place you may have access to our collection of such
information; and
7. Your rights under the Cable Act.
1. Collection and Use of Personally Identifiable Information
In order to 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 and work address, telephone numbers, drivers license number, social security number, and credit or other financial information. Depending on the services we provide to you, our records may also include information on billing, payment, damage and security deposits, maintenance and repairs, the number and location of personal computers (“PCs”) in your home and your PC configuration, the service options you have chosen, and the number of digital receivers or other cable equipment installed in your home. We may collect personally identifiable and non-personally identifiable information about you when you use our high-speed Internet services to: send and receive e-mail, video mail, and instant messages; transfer and share files; make files accessible; visit websites; establish custom settings or preferences;
or otherwise use the services and their features. Additionally, if you request certain services that involve remote access to your computer by Grande or its third party providers, such as in response to support calls, we may collect the information necessary to provide such services. We may also collect information regarding subscriber usage trends, including browsers and other applications used, dates and times of access, and Internet resource requests, to make business decisions regarding the allocation of bandwidth. We also keep records of research concerning customer satisfaction with the Grande Services that 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 cable equipment and services. We also may retain subscriber correspondence (via email or otherwise) and, if you are a Grande subscriber, records of violations and alleged violations of your Residential Agreement, our Appropriate Use Policy or any other policy, law or rule governing use of the Grande Services. Finally, we may obtain from third parties publicly available information about our subscribers that is not personally identifiable information under the Cable Act.
The personally identifiable 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 Grande’s services, including the Grande Service; to improve the quality of Grande’s services, including the Grande Service; to configure cable service and other service-related devices; manage the network supporting our services; to answer questions from subscribers (such as to enable troubleshooting); to ensure compliance with relevant law or legal process served on us and contractual provisions; and for tax and accounting purposes.
In addition, Grande, as described above, in providing the Grande Services to you, also has access to personally identifiable information about you or your Grande account including the name and address associated with a given IP address or email account.
Under the Cable Act, we may collect personally identifiable information over our system without your consent if it is necessary to provide services to you, or to prevent unauthorized access to services or subscriber data. However, as you are a Grande subscriber, you have consented in the Residential Agreement to the collection of such information by Grande as described above.
2. Disclosure of Personally Identifiable Information
Personally identifiable information that we maintain related to subscribers will be disclosed only if: (1) it is necessary to render, or conduct a legitimate business related to the Grande Services that are provided to you; (2) such disclosure is required by law or legal process as described below; (3) used for mailing lists as described below; (4) we have your prior written or electronic consent; (5) needed to respond to fraud, abuse or unauthorized reception or to enforce our agreements with you; (6) acting in an emergency to protect your safety or that of another; or (7) permitted in accordance with the Residential Agreement. The types of persons to whom information about you may be disclosed in the course of providing the Grande Services to you include the employees of Grande and its related legal entities, agents, repair and installation subcontractors, sales representatives and marketing partners, accountants, billing and collection services and credit reporting agencies, consumer and market research firms, mailing or other services including in conjunction with the provision of information relating to products and services offered by third parties, 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 Grande when they have a legal right to inspect our books and records. We require that outside parties maintain at least the same level of confidentiality that we maintain.
As with any other business, it is possible that Grande in the future could merge with another company or Grande or its assets or one or more of its business lines could be acquired by another company. If such an acquisition occurs, the successor company would have access to the information maintained by Grande, including subscriber account information, but would continue to be bound by this Notice unless and until it is amended as described below.
In addition, information, including personally identifiable information, may be shared within Grande in providing the Grande Services or in accordance with the Residential Agreement. The types of persons to whom information about you may be disclosed in the course of providing the Grande Service to you may include, in addition to those persons listed above, other entities who provide content and/or services to Grande or to you via the Grande Service. Information for billing purposes is generally provided on a monthly basis. Information for other purposes is provided, as it is needed.
Unless you object by delivering written or electronic notification of such objection to us, the Cable Act also permits us 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 preceding three paragraphs 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). Mailing list information cannot include the extent of your viewing habits or use of a particular service, including the Grande Services, or the nature of any transaction you make over the cable system. We may disclose such mailing list information from time to time. In addition, such disclosures may include publicly available information we obtain from third parties that is not considered personally identifiable information.
3. Disclosure of Information to Government Entities and Other Legal Process
The laws concerning your privacy and government access change from time to time and may affect how we are required to respond. We may be required by law to disclose personally identifiable information about a subscriber without his or her consent and without notice in order to comply with a valid legal process such as a subpoena, court order, or search warrant. Under current law, many criminal subpoenas require that we not disclose or notify you of the request. 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. Further, as a provider of an electronic communications service, we are required by law to report any evidence we may become aware of relating to violations of laws concerning child pornography. In addition, the law permits us to disclose to law enforcement, voluntarily and without prior notice, customer information, including the contents of communications, if we reasonably believe that an emergency involving immediate danger of death or serious physical injury requires such disclosure without delay. As described above, unless the law provides for disclosure without notice to you, as required by the Cable Act, we do not disclose personally identifiable Grande Services subscriber information to governmental entities unless there is a court order and only if, in the court proceeding relevant to such court order the government was found to have offered 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; and the subject of the information is afforded the opportunity to appear and contest the government’s claim and no disclosure shall include records revealing a cable subscriber’s video programming viewing choices.
ECPA requires Grande to reveal information about subscribers or other users of Grande Services to the government in certain circumstances. ECPA addresses both the content of communications on the Grande Services, as well as subscriber record information. ECPA requires Grande to disclose to governmental authorities the content of communications in response to a criminal warrant or court order without notice to you and without your consent. In addition, under ECPA, the government may require Grande to disclose subscriber record information pursuant to a warrant, court order or subpoena without any notice to you and without your consent. If a subpoena is used under ECPA, except as provided in Section 4, the information that governmental officials may obtain is limited to the following: name, address, telephone number or other subscriber number or identity, length of service as a subscriber, and types of services used by the subscriber.
If you subscribe to the Grande Services, a private party may use a subpoena under the OCILLA to obtain information about you to maintain a copyright infringement suit against the poster of online material, without any notice to you and without any consent from you.
Due to the varied legal requirements and the volume of requests we receive, we do not assume any duty to notify you of receipt of any legal requests unless required to do so by law.
4. Your Online Communications on the Grande Service
When you use the Grande system to transmit information, ECPA permits us to access such information, including the content of communication. It also permits us to disclose such information: to an addressee or intended recipient (or his or her agent); to a person involved in forwarding such information to its destination; when it is necessary to provide service or to protect our rights or property; to monitor mechanical or service quality control; to others with the consent of the subscriber or an addressee or intended recipient (or his or her agent); to a law enforcement agency as required by law or legal process; or as otherwise provided by law. In the Residential Agreement, you have agreed that Grande may monitor content on the Grande Service; and may disclose any information in its possession to protect their respective rights, property and/or operations, stop illegal activity, or where circumstances suggest that individual or public safety is in peril.
5. Time Period That We Retain Personally Identifiable Information
We maintain personally identifiable information about our subscribers for as long as it is necessary for our business purposes. This period of time will extend for so long as you are a subscriber and up to fifteen additional years so that we can comply with tax and accounting requirements. Following the retention period, we will destroy your personally identifiable information so long as there are no pending requests or orders for access to such information under Section 6 of this Notice.
6. Access to Records
Under the Cable Act, you have the right to inspect our records that contain personally identifiable information about you and correct any errors in such information. If you wish to inspect our records, please notify us in writing to Grande Communications Networks, Inc. c/o Legal Department, 401 Carlson Circle, San Marcos, Texas 78666 and an appointment at our local business office will be arranged promptly during our regular business hours.
If you wish to have us remove information about you from our mailing list information, please notify us in writing at your local Grande Customer Care Center and we will comply to the extent we are able to do so and still comply with applicable laws.
7. Your Rights Under the Cable Act
The Cable Act provides you with a cause of action for damages, attorney’s fees and costs in Federal District Court should you believe that any of the limitations on the collection, disclosure, and retention of personally identifiable information have been violated by us. The Residential Agreement applicable to you may provide that, to the extent permitted by law, any claims that you have under the Cable Act will be decided in arbitration and attorney’s fees and punitive damages will not be available.
8. Changes to Privacy Statement
We may occasionally change the content of this Notice. As required by the Cable Act, we will provide you with a copy of this Notice on an annual basis. We will notify you of any material changes through written, electronic, or other means as permitted by law and we will post the new Notice on our website. You may cancel your Grande Service at any time if you do not agree to any change. By continuing to use the service after a change is in effect, you accept the change and agree to abide by it.
Other Grande Policies and Procedures
Service calls and installation work will be performed on an appointment basis. Appointments are usually made in four-hour blocks during normal business hours. If you have special needs beyond these appointment options, please call us and we will do our best to accommodate you. Our technical staff will not enter your home to perform work if a responsible adult is not present. Someone 18 years of age or older must be home during the installation or service call. We have established this policy to protect you and our employees.
We will replace and/or repair malfunctioning equipment that we lease to you. You will be charged, however, for any visit that does not involve the repair of our equipment or which is due to misuse of our equipment. You may request that your Grande Service be disconnected at any time. Your billing for services will stop on the day you request to be disconnected. To avoid further liability, all digital receivers, modems, remote controls and other Grande owned equipment must be returned to Grande at the time of disconnection.
We reserve the right to change our service equipment, prices, and fees at any time. We also reserve the right to rearrange, delete, add to or change the services provided. If we do any of these things, pursuant to federal and local requirements, we will notify you in advance of the change and inform you of its effective date.