MaxxSouth Customer Privacy Notice

MaxxSouth Broadband (“MaxxSouth”) takes seriously the protection of our subscribers (“you,” “your” or “customer”) privacy. This privacy notice is intended to give you a general understanding of how MaxxSouth protects your privacy in connection with our cable television, Internet, and telephone services, and any other services that we may provide to you using our cable system (individually and collectively, the “services”), as well as your rights under the Federal Cable Communications Policy Act of 1984 and the Federal Telecommunications Act of 1996, as amended.

This privacy notice does not cover information that may be collected through any other products, services, or websites, even if accessed through our services, and even if co-branded with our services. You should read the privacy policies for these other products, services, websites and providers to learn how they handle your personal information.

Please read this privacy notice in conjunction with your service agreement. We may modify this privacy notice at any time. If you find the changes unacceptable, and if those changes materially and adversely impact your use of the services, you may have the right to cancel your services. Continued use of the services following the posting of a revised privacy notice shall constitute your acceptance of, and consent to, the privacy notice as revised. While this notice is intended to be comprehensive, please note, particularly for customers that subscribe via a service agreement other than our standard residential service agreement, that in the event that your service agreement contains provisions that conflict with the terms of this privacy notice, the provisions contained in your service agreement will govern.

1. What types of customer information does MaxxSouth collect?

MaxxSouth collects both personally identifiable information and non-personal information about you when you subscribe to our services. MaxxSouth uses its cable system to collect personally identifiable information about you: (i) when it is necessary to provide our services to you; (ii) to prevent unauthorized reception of our services; and (iii) as otherwise provided in this privacy notice. MaxxSouth will not use its cable system to collect your personally identifiable information for other purposes without your prior written or electronic consent. MaxxSouth also collects personally identifiable information and non-personal information about you when you voluntarily provide information to MaxxSouth, as may be required under applicable law, and from third parties, as described in this privacy notice.

Personally identifiable information is any information that identifies or can potentially be used to identify, contact, or locate 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, your name, address, telephone and fax numbers, email address, spouses or other relatives’ names, your driver’s license or state identification number; financial profiles, social security number; and bank account and credit card information. Personally identifiable information does not include information that is collected anonymously (i.e., without identification of the individual or household), or demographic information not connected to an identified individual or household.

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. Examples of non-personal information include but are not limited to aggregated user data that does not identify particular persons, IP addresses, MAC addresses and other equipment identifiers. Our system may automatically collect certain non-personal information when you use our interactive or other transactional services. This information is generally required to provide the service and is used to carry out requests you make using your remote control or set-top box.

We may also collect and maintain information about your account, such as: billing, payment and deposit history; records indicating the number of television sets and other devices you may have, including equipment identifiers; service options you have chosen; customer correspondence; complaint and maintenance records; 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. If you rent your residence, we may have a record of whether landlord permission was required prior to installing our cable facilities, as well as your landlord’s name, address and telephone number.

2. How does MaxxSouth use customer information?

We use the personally identifiable information we collect about you primarily 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 MaxxSouth’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 services are being used and to improve the services and the general administration of our business;
  • manage and configure our devices, systems and network(s);
  • maintain our accounting, tax and other records; and
  • comply with applicable federal and state laws and regulations.

If you use an interactive or transactional service (for example, responding to a survey, video-on-demand, 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 set-top boxes to receive and process the signals for the services you order.

MaxxSouth also collects personally identifiable information from third parties to verify information you have provided us, and may collect personally identifiable information from credit reporting agencies to, for example, determine your creditworthiness, credit score, and credit usage. We may also maintain research records obtained through voluntary customer interviews and questionnaires.

Our system may collect anonymous and/or aggregate information using set-top boxes and other equipment. If we collect this information, we will use it to determine which programs are most popular, how many people watch a program to its conclusion, and whether people are watching commercials, for example. We may provide subscriber lists or certain anonymous and/or aggregate information to third parties working on our behalf such as audience measurement or market research firms, for example. These firms may combine this information with other aggregated or non-aggregated demographic information (such as census records) to provide us with audience analysis data, though they would be required by us to remove personally identifiable information about our subscribers from this data. We may also use this information to improve our cable television service and other services and make programming and advertising more relevant to our subscribers. In addition, we may use this information to distribute and deliver relevant programming and advertising to you without disclosing personally identifiable information about you to programmers or advertisers. We may also combine personally identifiable information that we collect, as described in this privacy notice with personally identifiable information obtained from third parties for our own use to better understand our customers and provide more relevant services.

3. Who sees the information that MaxxSouth collects about me?

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

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

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 MaxxSouth and third parties that provide and/or support our provision of the services. The frequency of disclosures varies according to business needs, and may involve access on a regular basis.

Unless you object in advance, federal law also allows MaxxSouth to disclose through “mailing lists”, personally identifiable information, such as your name, address and the level of your service subscription, to non-affiliated entities, including advertisers and marketing entities, for non-service related purposes, including product advertisement, direct marketing and research.

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

If allowed by and after complying with any federal law requirements, MaxxSouth may disclose personally identifiable information about you to representatives of government or to comply with valid legal process. In these situations, MaxxSouth may be required to disclose personally identifiable information about a customer without the customer’s consent and without notice to the customer. 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 email 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.

We may also use or disclose personally identifiable information about you without your consent (i) to protect our customers, employees, or property, (ii) in emergency situations, (iii) to enforce our rights in court or elsewhere, or directly with you, for violations of service terms, conditions or policies and/or (iv) as otherwise required by law, for example, as part of a regulatory proceeding.

4. How does MaxxSouth use cookies?

We may collect information on our websites using cookies, web beacons or similar technologies. These methods permit us to collect various types of information, including which pages you visit, how you use the services, which of our email messages you read, and other information. MaxxSouth may use this information to understand usage patterns and perform analyses, to provide you with more personalized service and to improve your online experience. Most web browsers permit users to disable or reject cookies, though doing so may limit the personalization available to you and your access to sections of our websites. MaxxSouth may partner with third-party advertising companies who may utilize cookies, web beacons, or other technology to deliver or facilitate the delivery of targeted advertisements. MaxxSouth also uses third-party advertising companies to identify and present tailored online advertisements for its goods and services. MaxxSouth does not share or provide personally identifiable information we may collect, such as names, e-mail addresses and phone numbers with our advertisers without your express permission.

Some content or applications, including advertisements, on MaxxSouth’s website are served by third-parties, including advertisers, ad networks and servers, content providers and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

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

You have the right to prohibit or limit certain kinds of disclosures and marketing. You may contact MaxxSouth by emailing us at DoNotContact@MaxxSouth.com to ask us to put your name on our internal company “do not call” and “do not mail” lists so that you do not receive marketing or promotional telephone calls or postal mail from us or made at our request. You may also opt-out of certain email communications by following the instructions to unsubscribe provided in such emails from MaxxSouth. You may not opt-out of service-related communications. 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 notify us in writing that you do not wish us to disclose it for such purposes. Any such written notification should not be sent with your payment, it should be emailed to your local MaxxSouth office at the email address listed above. Customers cannot opt-out of the collection of non-personally identifiable data for the purpose of audience measurement or website analytics.

6. How does MaxxSouth protect customer information?

MaxxSouth takes seriously the security of our customers’ personally identifiable information. MaxxSouth’s policy is to engage in such actions as are reasonably necessary to prevent unauthorized access to customers’ personally identifiable information by a person other than the customer or us. We cannot guarantee, however, 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 must take precautions to protect the security of any personally identifiable information that you may transmit over any home networks, wireless routers, wireless (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 unencrypted, open access or otherwise unsecured networks in your home.

7. How long does MaxxSouth keep personally identifiable information?

MaxxSouth maintains personally identifiable information about you in our regular 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 purposes. If these purposes no longer apply, we will destroy, de-identify, or anonymize the information according to our internal policies and procedures.

8. Can I see the information that MaxxSouth collects?

As a customer, you have the right to review your personally identifiable information collected and maintained by MaxxSouth. The information that MaxxSouth maintains about its customers is maintained at its offices and systems. In most cases, the personally identifiable information contained in these records consists solely of billing and account information. You may examine records containing your personally identifiable information at our local office during normal business hours, and at your own cost and upon reasonable prior notice to us. To set up an appointment, please contact customer service. Our contact information appears on your bill or you can find it at http://www.maxxsouth.com/contact-us/. If your examination reveals an error in our records, MaxxSouth will correct it. You will only be permitted to examine records that contain personally identifiable information about your account and no other account.

9. Does MaxxSouth protect children’s privacy?

MaxxSouth is concerned about children’s privacy and does not knowingly collect personally identifiable information from anyone under the age of 13. Other services or web pages accessed through MaxxSouth’s services 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. If you have any questions about our privacy policy with respect to children, please contact us.

10. What can I do if I believe MaxxSouth has violated my rights or I have questions about the 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. If you have questions about this privacy notice, please contact our local office.

11. Additional provisions for telephone customers:

In providing telephone services, we collect subscriber list information, which is limited to your name, address and telephone number. We also collect information about the quantity, technical configuration, type, destination, location, and amount of your use of the VoIP services and information contained on your telephone bill concerning the type of phone services and features you receive. That information, when matched to your name, address, and telephone number, is known as customer proprietary network information or “CPNI” and is subject to additional privacy protections. CPNI does not include subscriber list information, by itself. 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.

For the protection of our subscribers, we will not disclose your call detail records over the phone to an inbound caller, and we require the use of a password to log into accounts where you can view your CPNI online. We will use, disclose, or permit access to CPNI to provide you with the services to which you subscribe, including: for use in directories; to bill and collect for communications services; to protect our rights or property, or to protect users or other carriers or service providers from fraudulent, abusive or unlawful use of, or subscription to, such services; to provide inside wiring installation, maintenance, or repair services; as required by law; or as expressly authorized by the customer. Although federal law permits us to use CPNI for certain marketing, we have elected not to use such information for marketing. We also do not provide or sell your CPNI to any third party for marketing activities.