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As a subscriber to cable television service provided by Everest, you are entitled under Section 631 of the Cable Communications Policy Act of 1984 (the “Cable Act”) to know the following:
Definition of personally identifiable information This term, as defined in Section 631, does not include any record of aggregate data which does not identify particular persons; Personally identifiable information collected by Everest The Cable Act authorizes Everest, as a cable operator, to use the cable system to collect personally identifiable information concerning any subscriber for the following purposes:
The Cable Act prohibits us from using the cable system to collect personally identifiable information concerning any subscriber for any purpose other than those listed above without the subscriber’s prior written or electronic consent. Everest also collects certain personally identifiable information that our subscribers furnish to us in connection with the provision of cable service or other services. In order to provide reliable, high quality service to you, we keep regular business records containing information about you that may constitute personally identifiable information. These records include some, but typically not all, of the following information: your name, service address, billing address, e-mail address, telephone number, driver’s license number, social security number, bank account number, credit card number, and other similar account information. We also collect and maintain certain other information about your account. For example, this information may include billing, payment and deposit history, service information, customer correspondence and communications records, maintenance and complaint information, records indicating the number of television sets and devices connected to our cable system and the service options you have chosen. Additionally, if you rent your residence, we may have a record of your landlord’s name and address, as well as whether landlord permission is required prior to installing our cable service. In order to carry out a particular request you make to watch a pay-per-view program or purchase a product or service for example, the cable system may collect certain personally identifiable information. This information typically consists of account and billing-related information such as pay-per-view programs or other products or services ordered so that you may be properly billed for them. When is Everest required to disclose personally identifiable information by law? We make every reasonable effort to protect subscriber privacy as described in this notice. Nevertheless, 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. The Cable Act requires Everest, as a cable operator, to disclose personally identifiable information to a third party or governmental entity in response to a court order. If the court order is sought by a non-governmental entity, we are required to notify the subscriber of the court order. If the court order is sought by a governmental entity (other than a law enforcement agency), the Cable Act requires that the cable 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 governmental entity must demonstrate by 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. How does Everest protect personally identifiable information? We follow industry-standard practices to take such actions as are necessary to prevent unauthorized access to personally identifiable information by a person other than the subscriber or us. However, we cannot guarantee that these practices will prevent every unauthorized attempt to access, use or disclose personally identifiable information. How long des Everest maintain personally identifiable information? Everest maintains personally identifiable information about in our business records while you are a subscriber to our cable service or other services. We also maintain this information for a period of time after you are no longer a subscriber if the information is necessary for the purposes for which it was collected or to satisfy legal requirements. These purposes typically include business, legal or tax requirements. When and where can I see my personally identifiable information? You may examine the personally identifiable information regarding you that is collected and maintained by Everest in our regular business records. In most cases, the personally identifiable information contained in these records consists solely of billing and account information. You may examine these records at your local Everest office upon reasonable prior notice to us and during our regular business hours. If you wish to examine these records, please contact us by mail or telephone at 913.825.3000 to allow us a reasonable period of time to locate, and if necessary, prepare the information for review, and to arrange an appointment. You only will be permitted to examine records that contain personally identifiable information about you and no one else. We will correct our records if you make a reasonable showing that any of the personally identifiable information we have collected about you is inaccurate. Everest reserves the right to charge you for the cost of photocopying any documents that you request. What can I do if I think my privacy rights have been violated? If you believe that you have been aggrieved by any act of ours in violation of the Cable Act, you may enforce the limitations imposed on us by the Cable Act with respect to your personally identifiable information through a civil action in United States District Court. Does this notice apply to Everest’s residential Internet service or phone service? If you are a subscriber to Everest’s residential Internet service, the Privacy Statement for that service may be found below. If you are a subscriber to Everest’s phone service, the privacy policy for that service is described in Everest’s Privacy Policy for Telephone Services, which also may be found below. Will Everest notify me if it changes this notice? As required by the Cable Act, we will provide you with a copy of our subscriber privacy notice annually. We may modify this notice at any time. We will notify of any material changes through written, electronic or other means as permitted by law. If you find the changes unacceptable, you have the right to cancel service. If you continue to use the service following notice of the changes, we will consider that to be your acceptance of and consent to the changes. Everest Internet Service Privacy Policy If you subscribe to Everest’s Internet service, Everest, in order to render service to you, will collect personally identifiable information such as your name, address, telephone number and e-mail address. In addition Everest will obtain information to enable it to perform credit checks, billing and payment, and any other information needed to establish your account. During initial installation of Everest’s Internet service, Everest collects technical information about your computer, including customization settings and preferences. Everest also collects personally identifiable information about you when you communicate with us for support, maintenance and billing; when you send us e-mails, respond to surveys or e-mails, or engage in chat sessions with us. Information Use and Disclosure Everest may use personally identifiable information in order to:
Everest will not disclose personally identifiable information concerning any subscriber for purposes other than those listed above without the subscriber’s prior written or electronic consent. Legal Disclaimer We make every reasonable effort to protect subscriber privacy as described in this Policy. Nevertheless we are 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. We may also use or disclose personally identifiable information about you without your consent to protect our customers, employees, or property, in emergency situations, to enforce our rights in court or elsewhere and for violations of Everest’s terms of service and policies. Transmission of Information When you subscribe to Everest’s Internet service, Everest transmits personally identifiable and non-personally identifiable information about you over the Internet when you send and receive e-mail, video mail and instant messages, transfer and share files, make files, visit websites or otherwise use the Internet service and its features. Our transmission of this information is necessary to render Internet service. Everest does not read your outgoing or incoming e-mail, video mail, private chat or instant messages, but we do store e-mail messages and video mail messages for a period of time. Everest may be required to disclose these messages and communications along with other personally identifiable information about you to comply with the law or to protect our Internet service as described in the Legal Disclaimer section of this Policy. Everest utilizes certain tools, such as virus detectors, to help us protect you and Everest’s Internet Service against harmful or unwanted viruses that may be contained within e-mail communications. These tools do not collect or disclose personally identifiable information. You should be aware that any personally identifiable information you choose to submit in forums, chat areas, bulletin boards may be read, collected and used by others who access those services. We are not responsible for any personally identifiable information you choose to submit in forums, chat areas, bulletin boards or any other accessible service or website. Preferences Everest stores information you provide when you utilize Everest’s Internet service in order to personalize your settings on the Internet service so you don’t have to reset these settings each time you use the Internet service. We do not share your preferences with third parties. Cookies Cookies are small files stored on a computer’s hard drive to simplify and improve a user’s Web experience. Everest may store information in a cookie about your computer configuration so that it can more efficiently provide information to you the next time you visit the site. Your browser program might save a cookie with your username and password so that a website’s service will automatically recognize you the next time you access the website. Log Files and Website and E-Mail Management Like many websites, the Everest’s website services use log files. These logs record aggregate (non-personally identifiable) information about site usage such as Internet protocol (IP) addresses, browser types, Internet service providers, referring/exit pages, pages access, platform types, date/time stamps, times of use an number of clicks, for example. This information is necessary to administer Everest’s website balance traffic, evaluate user’s electronic browsing in the aggregate. We do not link IP addresses to personally identifiable information except as may be required to comply with law and described in the Legal Disclaimer section. Security Everest takes the security of our subscriber’s personally identifiable information seriously. We follow industry standard practices to take such actions as are necessary to prevent unauthorized access to personally identifiable information by a person other than the subscriber or us. However, we cannot guarantee that these practices prevent every unauthorized attempt to access, use or disclose personally identifiable information. Special note: In no case will Everest or one of our authorized service providers ask you for your password in an e-mail or on the telephone. Do not give your password to anyone in an e-mail or over the telephone. Retention Everest maintains personally identifiable information about you in our regular business records while you are a subscriber to Everest’s Internet service. Everest also maintains this information for a period of time after you are not longer a subscriber if the information is necessary for the purposes for which it was collected or to satisfy business, legal or tax requirements. If there are no pending requests, court orders or other legal reasons to retain access to personally identifiable information, we will destroy the information after it is no longer necessary for the purposes for which it was collected. Everest cable and telephone customers If you are an Everest cable or telephone customer, the privacy policies for those services may be found on Everest’s homepage on the Internet, http://www.everestkc.com/privacy.shtml. Everest’s Privacy Policy for Telephone Services Including Customer Proprietary Network Information (CPNI) Subscriber List Information Everest collects “subscriber information” to establish your telephone service. This includes your name, address and telephone number and the category of service (business or residential). Customer Proprietary Network Information (CPNI) The Communications Act of 1934, as amended, offers you additional privacy protections for two kinds of information related to your telephone service. Customer Proprietary Network Information (CPNI) is (1) information about the quantity, technical configuration, type, destination, location, and amount of your use of the telephony services to which you subscribe; and (2) information contained on your telephone bill concerning the services you receive. Examples of this include monthly local charges, records of phone features to which you subscribe and long distance call detail records. Privacy Rights Associated with Subscriber List Information Everest provides your name, address, and telephone number to public safety authorities and their vendors for inclusion in E911 databases and records, reverse 911 systems or to troubleshoot 911/E911 record errors. Everest transmits your name and/or telephone number for display in connection with Caller ID unless you have elected to block such information. 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, 888, 877 or 866 numbers. Everest makes your subscriber information available to directory assistance operators, unless you have elected to have your subscriber information non-published. Everest makes your subscriber information available to directory publications firms, unless you have elected to have your subscriber information unlisted. Although Everest takes all reasonable precautions to ensure that non-published and unlisted numbers are not included in our telephone directors or directory assistance services, we cannot guarantee that error will never occur. We may be required by law to disclose subscriber list information without a subscriber’s consent and without notice in order to comply with a valid legal process, such as a subpoena, court order or search warrant. Privacy Rights Associated with Customer Proprietary Network Information Everest may use, disclose, or permit access to CPNI (1) to initiate, render, bill and collect for telecommunications services; (2) to protect the rights or property of Everest or to protect its subscribers from fraudulent, abusive or unlawful use of or subscription to such services; (3) to provide inbound telemarketing, referral or administrative services to the customer for the duration of such call if such call was initiated by the customer and the customer approves of the use of such information to provide such service. As an Everest customer, you have the rights to restrict use of, disclosure of and access to your CPNI. It is Everest’s general policy to utilize CPNI for the purpose of enhancing our ability to offer products and services tailored to each customer’s needs. We may utilize your CPNI to make you aware of additional Everest services in which you may be interested unless you indicate that you want to restrict Everest’s internal use of your CPNI. YOU DO NOT NEED TO TAKE ANY ACTION IF YOU AGREE TO ALLOW EVEREST TO USE YOUR CPNI TO MAKE YOU AWARE OF ADDITIONAL EVEREST SERVICES TO WHICH YOU MAY BE INTERESTED. IF YOU WISH TO RESTRICT EVEREST’S INTERNAL USE OF YOUR CPNI, PLEASE NOTIFY EVEREST IN WRITING OR BY E-MAIL: CPNI Notification Everest Connections 9647 Lackman Road Lenexa, KS 66219 CPNIrestriction@everestgt.com Everest will not provide your CPNI to third parties unless you specifically notify Everest by “opting-in” to such use. |
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