Carolina Mountain Cablevision, Inc. Subscriber Privacy Policy

Carolina Mountain Cablevision, Inc. ("CBVNOL") takes the protection of our subscribers' ("You", "Your" or "Customer(s)") privacy seriously. The following privacy policy ("Policy") applies to those CBVNOL Customers who subscribe to CBVNOL’s video programming, high-speed internet and/or telephone service (individually and collectively the “Service”) and describes the Customer information that CBVNOL collects and retains, how CBVNOL uses and protects it, the limited cases where CBVNOL may disclose some or all of that information, and Your rights under the Cable Communications Policy Act of 1984 (“Cable Act”). Depending upon the CBVNOL Service to which You subscribe, parts of this Policy may not be applicable to You. CBVNOL values Your privacy and considers all personally identifiable information contained in our business records to be confidential. Please review this Policy and if You are a CBVNOL telephone service subscriber, the attached Customer Proprietary Network Information Policy (the “CPNI Policy”), in conjunction with Your service agreement, terms of service and acceptable use policy (“Your Service Agreement”). CBVNOL will provide You copies of this Policy annually and the CPNI Policy at least once every two years, whether or not we have revisited the policies. We may modify this Policy at any time. The most current version of this Policy can be found on www.CBVNOL.com. If You find the changes unacceptable and if those changes materially and adversely impact Your use of the Service, You may have the right to cancel Your service under Your Service Agreement. If You continue to use the Service following the posting of a revised Policy, we will consider that to be Your acceptance of and consent to the Policy as revised.

What type of information does CBVNOL collect?

CBVNOL collects both personally identifiable information and non-personal information about You when You subscribe to our Service. CBVNOL uses its system to collect personally identifiable information about You: (a) when it is necessary to provide our services to You; (b) to prevent unauthorized reception of our services; and (c) as otherwise provided in this Policy. CBVNOL will not use the system to collect Your personally identifiable information for other purposes without Your prior written or electronic consent. CBVNOL also collects personally identifiable and non-personal information about You when You voluntarily provide information to CBVNOL, as may be required under applicable law, and from third parties, as described in this Policy.

Personally identifiable information is any information that specifically identifies You. This includes information that is used in a way that is personally identifiable, including linking it with identifiable information from other sources, or from which other personally identifiable information can easily be derived, including but not limited to, name, address, phone or fax numbers, e-mail address, spouses or other relatives’ names, drivers license or state/federal identification number, financial profiles, social security number, bank account information, credit card information, and related technical information about your services and devices, device identifiers (including modem MAC addresses), IP address assignments when tied to your account, billing records, payment information, your correspondence or other communications records, including records of calls with our customer service, and video subscription information. Personally identifiable information does not include information that is collected or stored in a de-identified manner (i.e. without identification of the individual) or demographic information not connected to an identified individual

Non-personal information, which may or may not be aggregated information about our Customers and may include information from third parties, does not identify individual Customers. CBVNOL may combine third party data with our business records as necessary to better serve our Customers. Our systems may automatically collect certain non-personal information when You use an interactive or transactional service. This information is generally required to provide the service and is used to carry out requests a Customer makes through a remote control or set-top box.

We may also collect and maintain information about Your account, such as billing, payment and deposit history; maintenance and complaint information; correspondence with or from You, information about the service options that You have chosen; information on the equipment You have, including specific equipment identifiers; and information about Your use of our services, including the type, technical arrangement, quantity, destination and amount of use of certain of those services, and related billing for those services.

CBVNOL also collects customer-provided customization settings and preferences. By using our service, You consent to our collection of this information and other information communicated to CBVNOL such as correspondence, responses to surveys or e-mails, information provided in chat sessions with us, registration information, or participation in promotions or contests.

If You subscribe to our video service, then in certain of our systems, our set-top boxes automatically collect information that may be used to determine which programs are most popular, how many set-top boxes are turned to watch a program to its conclusion and whether commercials are being watched, as well as other audience-measurement focused information. Our processes are designed to track this information and audience statistics on a de-identified basis. Information such as channel tuning, the time the channel is changed, and when the set-top box is “on” or “off” is collected in a secure database in a de-identified format. CBVNOL, or our contractors or agents, may from time to time share the de-identified information with our advertisers, content providers, or other third parties with whom we have a relationship. We will not provide our advertisers, content providers, or these other third parties with personally identifiable information about You unless we have received Your consent first, except as required by law. (See “Who sees the information collected by CBVNOL?”)

Why does CBVNOL collect personally identifiable information?

CBVNOL collects and uses personally identifiable information to:

  • properly deliver our Services to You;
  • provide You with accurate and high quality customer service;
  • perform billing, invoicing and collections;
  • provide updates, upgrades, repairs, or replacements for any of our service-related devices or software used in providing or receiving services;
  • protect the security of the system, prevent fraud, detect unauthorized reception, use and abuse of CBVNOL’s Services or violations of our policies or terms of service;
  • keep You informed of new or available products and services;
  • better understand how the Service is being used and to improve the Service;
  • manage and configure our device(s), system(s), and network(s);
  • maintain our accounting, tax, and other records; and
  • comply with applicable federal and state laws and regulations, as well as for general administration of our business.

If You use an interactive or transactional service, for example, responding to a survey or ordering a pay-per-view event, the system will collect certain additional personally identifiable information, such as account and billing information or Customer-provided locale and service preferences (to properly bill You for the services purchased and to provide you with a more personalized experience. In addition, certain information such as Your connections to our system is automatically collected to, for example, make it possible for Your digital boxes to receive and process the signals for the services You order).

CBVNOL may also collect personally identifiable information from third parties to enhance our customer database for use in marketing and other activities. CBVNOL also collects personally identifiable information from third parties to verify information You have provided us and collects personally identifiable information from credit reporting agencies to, for example, determine Your credit worthiness, credit score, and credit usage. CBVNOL also may maintain research records containing information obtained through voluntary subscriber interviews or surveys.

If You subscribe to our high-speed internet service, CBVNOL transmits personally identifiable and non-personal identifiable information about You over the Service when You send and receive e-mail and instant messages, transfer and share files, make files accessible, visit web sites, or otherwise use the Service and its features. Our transmission of this information is necessary to allow You to use the service as You have chosen and to render the Service to You.

Who sees the information collected by CBVNOL?

CBVNOL will only disclose personally identifiable information to others if: (a) Customer provides written or electronic consent in advance, or (b) it is permitted or required under federal or applicable state law. Specifically, federal law allows CBVNOL to disclose personally identifiable information to third parties:

  • when it is necessary to provide CBVNOL’s services or to carry out CBVNOL’s business activities;
  • as required by law or legal process; or
  • for mailing lists or other purposes, subject to Your ability to limit this last type of disclosure.

To provide services and carry out our business activities, certain authorized people have access to Your information, including our employees, entities affiliated through common ownership or control with CBVNOL and third parties that provide and/or include: billing and collections services; installation, repair and customer service subcontractors or agents; program guide distributors; software vendors; program and other service suppliers for audit purposes; marketers of CBVNOL’s products and services; third party auditors; our attorneys and accountants; and/or strategic partners offering or providing products or services jointly or on behalf of CBVNOL. For example, CBVNOL may use third parties to deliver some features and functions of the Service, such as customer support, e-mail, video mail, instant messaging, and web hosting, and those third parties may collect or transmit personally identifiable and non-personally identifiable information about You. These third parties may also have access to preferences You provide to CBVNOL to personalize Your service. The frequency of disclosures varies according to business needs and may involve access on a regular basis. CBVNOL restricts third parties’ use of Your information to the purposes for which it is disclosed and prohibits third parties from further disclosure or use of Your personally identifiable information obtained from us, whether for that third party’s own marketing purposes or otherwise.

Unless You object in advance, federal law also allows CBVNOL to disclose through “mailing lists”, personally identifiable information, such as Your name and address to non-affiliated entities, including advertisers and marketing entities, for non-service related purposes, including product advertisement, direct marketing and research. Under no circumstances will CBVNOL disclose to these advertising entities the extent of Your viewing habits or the transactions You make over the system. CBVNOL, or our contractors or agents, may from time to time share non-personal and/or aggregate information such as the number of Service subscribers who match certain statistical profiles (for example, the number of subscribers in various parts of the country) with our advertisers, content providers, or other third parties with whom we have a relationship.

We may provide de-identified data to third parties who may combine it with other information to conduct more comprehensive audience analysis for us and for television advertisers. This data helps program networks and cable operators decide on which programs, channels, and advertising to carry. CBVNOL may also use that information to distribute targeted advertising to You without having disclosed any of Your personally identifiable information to the advertisers. These advertisements may invite interactive or transactional follow-up from You. By using any of CBVNOL’s interactive services, You consent to our collection of this additional information. Unless You consent first, or accept as required by law, only de-identified information is disclosed to audience measurement services.

If you subscribe to our Internet service, some of the third parties that CBVNOL contracts with may provide particular services, such as Internet content or software, and when You use such services, You may be providing Your name, specific service-related information and other personally identifiable information directly to the third party service provider. In such instances, You may become a customer of a third party directly and accordingly be subject to such third party’s terms of service and privacy policies, and CBVNOL will have no control of such third party’s use of Your personally identifiable information. Although some of these other sites may be co-branded with CBVNOL and look like CBVNOL’s service offerings, CBVNOL is not responsible for the privacy practices of these other sites. We encourage You to be aware when You leave our website to read the privacy policies of every website that collects personally identifiable information about You, whether the site is co-branded with CBVNOL or not.

As part of its business activities, if CBVNOL enters into a merger, acquisition, or sale of all or a portion of our assets, CBVNOL may transfer Your personally identifiable and non-personal information as part of the transaction.

If You subscribe to our telephone service, Your name, address and/or telephone number may be transmitted via Caller ID, published, and distributed in affiliated or unaffiliated telephone directories, and available through affiliated or non-affiliated directory assistance operators. We take reasonable precautions to ensure that non-published and non-listed numbers are not included in the telephone directories or directory assistance services, although we cannot guarantee that errors will never occur. Please note that Caller ID blocking may not prevent the display of Your name and/or telephone number when You dial certain business numbers, 911, 900 numbers or toll-free 800, 866, 877 or 888 numbers.

If allowed by and after complying with any federal law requirements, CBVNOL may disclose personally identifiable information about Customer to representatives or government or to comply with valid legal process, except as provided below, disclosures shall not include records revealing Customer’s selection of video programming. Disclosures to representatives of government may be made pursuant to an administrative subpoena, warrant, or court order in cases of emergency or serious physical injury, or other permitted means. In these situations, CBVNOL may be required to disclose personally identifiable information about a Customer without Customer’s consent and without notice to the Customer. In response to a subpoena, we may be required to disclose to the government the following records: You name and address, records of Your internet sessions (including session times and duration); how long You have subscribed to our service(s) (including start date and the type(s) of service(s) utilized); Your telephone number or other subscriber account identifying number(s), including any Internet or network address(es) assigned to You by our network; and the means and source of Your payment(s) including any credit card or bank account numbers. In addition, if we receive a Federal or State search warrant or court order, we may be required to disclose to law enforcement agencies the content of, and other records relating to, e-mail messages (including attachments to e-mail messages and records to Your e-mail and Internet use), without notice to you. Law enforcement agencies may, by federal or state court order, and without notice to You, obtain the right to install a device that monitors Your internet and e-mail use, including addresses of e-mail sent and received and in some cases the content of those communications; and/or Your use of our telephone service, including listings of incoming and outgoing calls and in some cases, the content of those calls. In some instances where there are valid legal requests for or orders for disclosure of Your information, we may notify You of the requests or orders and then it may be up to You to object or take specific action to prevent any disclosures pursuant to those requests or orders.

Where a governmental entity is seeking personally identifiable information of a Customer who subscribes to CBVNOL’s video services only or records revealing Customer’s selection of video programming, the Cable Act requires a court order and that the video subscriber be afforded the opportunity to appear and contest in a court proceeding relevant to the court order any claims made in support of the court order. 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 prosecution of the case. Except in certain situations (such as with respect to those who owe, or are owed, welfare or child support) state welfare agencies may obtain the names addressed, and certain other Customer information as it appears in CBVNOL’s subscriber records under the authority of an administrative subpoena.

We may also use or disclose personally identifiable information about You without Your consent (a) to protect our Customers, employees, or property, (b) in emergency situations, (c) to enforce our rights in court or elsewhere, or directly with You, for violations of service terms, conditions or policies and/or (d) in order to comply with the Digital Millennium Copyright Act or as otherwise required by law, for example, as part of a regulatory proceeding.

Can I prohibit or limit CBVNOL’s use and disclosure of my personally identifiable information?

If You do not want Your name, address, level of service or other personally identifiable information disclosed to third parties in a “mailing list” as explained above, please register this preference by contacting us at staff@CBVNOL.com or by telephone at 1-828-926-2288 or 1-866-571-8671. Customers of our video service cannot opt-out of the collection of audience measurement date.

Also, if You do not want to receive marketing messages (e.g. phone calls, e-mails, and direct mail) from CBVNOL, You may contact us at staff@CBVNOL.com or call 1-828-926-2288 or 1-866-571-8671 and make a request to have our privacy preferences updated. Please note that such a request will not eliminate all telephone calls, e-mails or direct mail sent to You from CBVNOL as CBVNOL may continue to send non-marketing account-related messages to You.

How long does CBVNOL maintain personally identifiable information?

CBVNOL will maintain personally identifiable information about You as long as You are a subscriber to CBVNOL’s Service and if necessary, for the purpose for which it was collected. If You are no longer a subscriber to any CBVNOL Service and the information is no longer necessary for the purpose for which it was collected, CBVNOL will only keep personally identifiable information as long as necessary to comply with laws governing our business. These laws include, but are not limited to, tax and accounting requirements that require record retention. CBVNOL will also maintain personally identifiable information to satisfy pending requests for access by a subscriber to his/her information or pursuant to a court order. CBVNOL will destroy Customers’ personally identifiable information when the information is no longer necessary for the purpose for which it was collected, when there are no longer pending requests for such information, and when it is no longer necessary to retain the information under applicable laws.

How does CBVNOL protect customer information?

CBVNOL takes the security of our Customers’ personally identifiable information seriously. CBVNOL takes such actions as are reasonably necessary to prevent unauthorized access by entities other than CBVNOL to personally identifiable information. CBVNOL uses security and/or encryption technology to secure certain sensitive personally identifiable information when it collects such information over the system. CBVNOL restricts access to its customer database and secures the content by use of firewalls and other security methods. CBVNOL limits access to databases containing Customers’ personally identifiable information to those specifically authorized employees and agents of CBVNOL and other parties identified in the “Who sees the information collected by CBVNOL?” section above. However, we cannot guarantee that these practices will prevent every unauthorized attempt to access, use, or disclose personally identifiable information.

You need to help protect the privacy of Your own information. You and others who use Your equipment must not give identifying information to strangers or others whom You are not certain have a right or need to the information. You also must take precautions to protect the security of any personally identifiable information that You may transmit over any home networks, wireless routers, wireless fidelity (WiFi) networks or similar devices by using encryption and other techniques to prevent unauthorized persons from intercepting or receiving any of Your personally identifiable information. You are responsible for the security of Your information when using encrypted, open access or otherwise unsecured networks in Your home.

CBVNOL will never ask you to provide account sign-in passwords, credit card numbers, or other sensitive information through unsolicited e-mail. If we request such information from you, we will always direct you to CBVNOL’s website. You should, however, be aware of imposter websites pretending to be CBVNOL’s. If you have received an e-mail requesting that you sign in or provide information that you suspect was not sent by CBVNOL, DO NOT CLICK ON THE LINK IN THE E-MAIL but use your own browser to go to CBVNOL’s site. If you are directed to a website that you do not believe is CBVNOL’s, please contact CBVNOL at (828) 926-2288. CBVNOL will also not ask for your Internet account password over the telephone.

For more information on things you can do to help protect the privacy of Your own information, visit www.OnGuardOnline.gov.

Can I see the information that CBVNOL collects about me?

You have a right under the Cable Act to see Your personally identifiable information that CBVNOL collects and maintains. The information CBVNOL has about its Customers is maintained at our office and in our systems. If you would like to see your information, please send a written request to our office at staff@CBVNOL.com or 4930 Jonathan Creek Road, Waynesville, NC 28785. CBVNOL will be glad to make an appointment for You to come into our office during regular business hours. If Your review reveals an error in our records, CBVNOL will correct it. You may also be able to access certain information about You or Your account by telephone or online at www.CBVNOL.com, depending upon the information You have provided.

CBVNOL’s Use of “Cookies”

Cookies are small files stored on a computer’s hard drive to simplify and improve a user’s Web experience. A website may store information in a cookie about Your computer configuration, or Your browser may save a cookie with Your username and password. These allow for more efficient provision of information to You when You revisit a site and easier access to a website’s contents. CBVNOL also uses cookies to ensure the efficient use of its network. Some of our business relationships are with vendors who may use cookies (for example, search engines) or in connection with their own advertisers and other business partners; however, we have no access to or control over these cookies. Please refer to each of the vendors’ websites to determine how they utilize cookies. You may access or delete cookies that may be on Your individual computer system. You may also be able to prevent or disable any new cookies on Your computer, but certain websites may not let You visit or perform other functions if cookies are disabled or prevented. CBVNOL has no control over those websites or that process.

Does CBVNOL protect children’s privacy?

CBVNOL is concerned about children’s privacy and does not knowingly collect personally identifiable information from anyone under the age of 13 over its Service unless otherwise expressly identified. At those specific parts of our Service, CBVNOL will provide a special notice or other information describing the additional privacy protections that may apply. CBVNOL urges parents and legal guardians to be vigilant regarding children’s internet usage. Other services or web pages accessed through CBVNOL’s Service may have different policies on collection of information pertaining to children and You should consult their privacy policies and read their notices if You have any concerns about the collection or use of such information by those entities.

What can I do if I believe CBVNOL has violated my rights?

We encourage you to contact us directly to resolve your concern or answer any questions about this privacy notice. You may enforce the limitations imposed on us by federal law with respect to the collection and disclosure of personally identifiable subscriber information about You, through a civil action under federal law, in addition to other rights and remedies that may be available to You under federal or other applicable laws.

What if I have any questions?

If You have any questions about our privacy protections and policies, please contact our office. You can reach us at 1-828-926-2288 or 1-866-571-8671 or by contacting our staff at staff@CBVNOL.com.

IMPORTANT NOTE:

This Policy does not apply to Your use of any CBVNOL web site. You should view the privacy policy applicable to our site, which is available under the “Policies” section of our CBVNOL web site.

CBVNOL Customer Proprietary Network Information (CPNI) Policy

The following CPNI Policy is in addition to requirements set forth in CBVNOL’s Subscriber Privacy Policy and is subject to some permitted uses and disclosures of your name, address, and/or telephone number outlined in the Privacy Policy. The information that we have (1) relating to the quantity, technical configuration, type, destination, location, and amount of Your use of telephone service, and/or (2) contained on Your telephone bill concerning the telephone services that You receive is subject to additional privacy protections. That information, when matched to Your name, address, and telephone number is known as “Customer Proprietary Network Information” or CPNI for short. Examples of CPNI include information typically available from details on a customer’s monthly telephone bill – the type of line, technical characteristics, class of service, current telephone charges, long distance and local service billing records, directory assistance charges, usage data, and calling patterns. As a subscriber to our telephone services, You have the right, and CBVNOL has a duty, under federal law to protect the confidentiality of CPNI. CBVNOL offers many communications-related services, such as, for example, CBVNOL high speed internet services. From time to time we would like to use the CPNI information we have on file to provide You with information about our communications-related products and services or special promotions. Our use of CPNI may also enhance our ability to offer products and services tailored to Your specific needs. We would like Your approval so that we, our agents, affiliates, joint venture partners, and independent contractors may use this CPNI to let You know about communications-related services other than those to which you currently subscribe that we believe may be of interest to You. You do have the right to restrict this use of CPNI. IF WE DO NOT HEAR FROM YOU WITHIN 30 DAYS OF THIS NOTIFICATION, WE WILL ASSUME THAT YOU APPROVE OUR USE OF YOUR CPNI FOR THE PURPOSES OF PROVIDING YOU WITH INFORMATION ABOUT OTHER COMMUNICATIONS-RELATED SERVICES. YOU HAVE THE RIGHT TO DISAPPROVE OUR USE OF YOUR CPNI, AND MAY DENY OR WITHDRAW OUR RIGHT TO USE YOUR CPNI AT ANY TIME BY CALLING 1-828-926-2288 OR 1-866-571-8671. We will also honor any restrictions applied by state law, to the extent applicable. CBVNOL also offers various other services that are not related to the communications services to which You subscribe. Under the CPNI rules, some of those services, such as CBVNOL video services, are considered to be non-communications related services. Occasionally, You may be asked during a telephone call with one of our representatives for Your oral consent to CBVNOL’s use of Your CPNI for the purpose of providing You with an offer for products or services not related to the telephone services to which You subscribe. If You provide Your oral consent for CBVNOL to do so, CBVNOL may use Your CPNI for the duration of such telephone call in order to offer You additional services. Any action that You take to deny or restrict approval to use Your CPNI will not affect our provision to You, now or in the future, of any service to which You subscribe. You may disregard this notice if You previously contacted us in response to a CPNI Notification and denied use of Your CPNI for the purposes described above. Any denial of approval for use of Your CPNI outside of the service to which You already subscribe is valid until such time as Your telephone services are discontinued or You affirmatively revoke or limit such approval or denial. The CPNI Policy above may be required by law to apply to our voice over internet protocol or, IP voice services.

Revised 03-2020

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