At Wave Broadband we take your privacy seriously and we want you to know our policies. This Policy will give you an overview of those policies and how we will apply them in specific situations.
The Cable Communications Policy Act of 1984 (the “Cable Act”) contains restrictions on the collection, disclosure and retention by cable operators of personally identifiable information about subscribers to cable television or certain other services. Other federal and state laws regarding privacy and personal information also may apply to Wave Broadband’s practices, including the Electronic Communications Privacy Act of 1986 (the “ECPA”) and the California Consumer Protection Act of 2018 (“CCPA”). This Policy informs subscribers of our policies regarding the personal information we obtain in the course of providing our services. Those services currently consist of our video programming service, our Internet access service, our telephone service (including our voice over Internet Protocol telephone service). Not all of these services may be available in your local cable system. Where appropriate, our policies are intended to conform to the requirements of the Cable Act, the ECPA, the CCPA, and other applicable law. The term “Wave Broadband,” “we,” “our” or “us” refers to any company that is controlled by WaveDivision Holdings, LLC, a Delaware limited liability company, and through which you subscribe to any cable or other service covered by the privacy provisions of the Cable Act or other laws mentioned in this Policy.
This Policy tells you our practices regarding the categories of personal information we collect including:
- The categories of sources from which we collect personal information;
- How we use that information;
- The nature, frequency and purpose of any disclosure we may make of that information and the types of persons and entities to which the disclosure may be made;
- The period during which we will keep that information;
- The choices available to you regarding collection, use and disclosure of that information, including the times and place at which you may have access to that information; and
- Certain other rights you may have regarding that information.
Personal information includes “personally identifiable” which can be used to identify or contact a particular individual, such as a name and address or telephone number. Personal information also includes other data that reasonably can be related or linked to a particular individual or a household, including through an IP address, such as the combination of the individual’s name with the fact that he or she purchased a specific product online, so that someone else with access to the combined information could learn that the named person bought the particular item. Information that does not reasonably permit an individual to be identified and that does not permit information about his or her activities or history to be linked to him or her is not “personal information.” Among other things, this means that if we separate data about your activities from your name or other data that identifies you, your household, or your devices, then that data is no longer “personal” or “personally identifiable” information. For example, we might compile data we have about our Wave Broadband Internet access customers into aggregate or other anonymous forms, such as the monthly average number of customers who use the service to visit travel-related Websites. Personal information also does not include publicly available information from government records.
Our policies described in this Policy statement apply to personal information about you that you furnish to us or that we otherwise collect about you. These policies apply to such information whether we obtain it “online” (such as when you subscribe for our cable service on a Website we operate) or “offline” (such as when you subscribe for our cable service using the telephone or a paper order form).
Some of our services, including our Internet access service, interactive cable television programming and telephone service (including voice over Internet Protocol telephone service) allow you to interact with companies and individuals that are independent of Wave Broadband. By using those services, you may enable these companies or individuals to independently learn personal information about you. The policies in this Policy statement do not apply to personal information or other information that you provide to any of these third parties or that they collect independently of us. These third parties may not be obligated to comply with Wave Broadband’s privacy policies or the privacy provisions of the Cable Act. They may have their own privacy policies, but Wave Broadband is not responsible or liable to you if such third parties do not have appropriate policies or if they fail to follow those policies.
The Categories of Personal Information We Collect
In order to provide our services to you and for other reasonable business purposes, we keep business records that contain personal information. In particular, we collect and maintain the following categories of information about you, including within the last 12 months:
- Identifiers such as your name, home and work e-mail and postal addresses, Wave Broadband account number, IP addresses, telephone numbers, social security number, and driver’s license number;
- Financial information such as credit or debit card numbers and expiration dates, bank account information, Wave Broadband payment histories, and credit check information;
- Characteristics of protected classifications under California or federal law, such as your age or gender, as may be reflected in or revealed by the information in our records;
- Commercial information such as information on the number, location within your home and configuration of television sets, converters, cable modems, personal computers, telephones or other service-related equipment or devices in your home;
- Additional commercial information such as your order and purchase history, the services and service options you select and, in the case of any service where you have a choice of whether or not to use a particular feature, program or offering, the information transmitted through our cable facilities or that you otherwise communicate to us in order to make a choice;
- A record of whether you rent or own your home so that we can obtain any permission required prior to installing our cable or equipment;
- Maintenance and repair records for the equipment in your home used for the services;
- Subscriber correspondence or information about your satisfaction or usage of a service that we obtain from subscriber interviews or questionnaires or other feedback from you;
- Audio sensory data, such as your voice, if you call us and are informed that your call may be recorded;
- Geolocation data, for example, to provide access to local programming or to administer our web services (except in some cases where you have turned off your location services);
- Internet or other electronic network activity information, including browsing history and search history information as more fully described in the “Capture and Use of Certain Usage Information” section below;
- A record of any violations and alleged violations of the agreements, terms, conditions or policies that govern your use of our services; and
- Other information that we may request from you and that you voluntarily provide in order for us to render a service to you or conduct our business of providing that service.
The information listed above is collected either directly from you, for example when you order services or submit forms to us, or indirectly from you, such as from observing your actions on our Website.
We may also combine personal information that we obtain from you in the course of our business of providing a service to you with information that we obtain from third parties and public sources and collect inferences from such combined data for the purpose of creating a database to use in marketing and market research activities.
Some of the personal information we collect may be covered by California’s Customer Records statute (Cal. Civ. Code § 1798.80(e)).
How We Use Personal Information
In addition to the purposes referenced above, we use the personal information we have about you for the following business purposes or other compatible purposes as necessary to render our services and to operate our business:
- To establish, manage, customize, and secure your account with us and deliver the services we provide to you;
- To make sure you are being billed properly and pay for the services you receive including processing payments;
- To send you pertinent announcements about the services you receive from us;
- To verify, maintain, improve, or upgrade the quality of Wave Broadband’s services and systems, including debugging to identify and repair errors that impair existing intended functionality and undertaking internal research for technological development and demonstration;
- To provide customer service and support, including answering questions from subscribers and troubleshooting;
- To send or deliver promotional and advertising material or information to you about other products and services available from Wave Broadband or others, including personalized content or targeted offers and ads through third-party sites, subject to applicable law and any “opt-out” choice you make as described in this Policy;
- To audit our interactions with you and conduct market research and surveys or to gather other analytics about our business;
- To detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, including the unauthorized reception of cable communications, and prosecute those responsible for that activity;
- For tax, accounting, legal, and regulatory purposes, including to audit our compliance with laws and standards applicable to our business; and
- As otherwise may be described to you when collecting your information.
Without your written or electronic consent, we may not collect personally identifiable information about you over our cable system unless it is necessary to render a service you receive or detect unauthorized reception of cable communications.
Capture and Use of Certain Usage Information
If you use the Wave Broadband Internet access service, an interactive television service or a telephone service (including voice over Internet Protocol telephone service) we provide, then as a necessary incident of providing that service, our computer systems automatically capture and store information that may include, but is not limited to, the interactive television service offerings you order using such interactive television service and the Websites you visit using such Internet access service; the dates, times and length of your Internet visits or telephone calls; the IP (Internet Protocol) address of the computer you use or e-mail addresses or telephone numbers that you communicate with; and the text of e-mail or other electronic communications you send or receive using any of these services. We use that information to provide our services, to bill and collect service-related charges, to allow interest-based customization our services, to ensure compliance with applicable laws, and for tax, legal, and accounting purposes related to our business of providing such services. Any personal information that may be derived from these logs is subject to the policies described in this Policy and to our obligations under the ECPA and other applicable laws.
Disclosure of Personal Information by Us
Under the Cable Act, Wave Broadband may not disclose personally identifiable information about you except in certain limited circumstances. We may collect and disclose personally identifiable information about you with your prior written or electronic consent. As permitted by the Cable Act, Wave Broadband also may disclose from time to time, without such consent, personally identifiable information collected through our cable system if necessary to render, or conduct a legitimate business activity related to, a cable service or other service provided to you.
Wave Broadband does not (and does not intend in the future) to sell your personal information, and has not done so within the preceding 12 months since the publication of this Policy. However, Wave Broadband has disclosed personal information for business purposes to the following categories of persons or entities, including within the preceding 12 months:
- Persons or entities that control, are controlled by, or under common control with Wave Broadband;
- Billing services, collection agencies and credit agencies;
- Installation, repair and other contractors and subcontractors, or suppliers of goods or services we offer or use in providing a service to you;
- Sales representatives and service providers used to market our services or conduct market research including consumer satisfaction surveys;
- Accountants, lawyers, consultants and other professionals we or our affiliated companies use in our businesses;
- Regulators or other entities required by law or regulation, for example, E911 and emergency service call centers and providers, and
- Cable programming or content suppliers and program guide distributors.
In addition, if Wave Broadband or its affiliates directly or indirectly transfer ownership of or an interest in all or part of the business of providing a service to which you subscribe, we may disclose or transfer your subscriber records to the purchaser or other party to the extent necessary to complete the transaction or permit the purchaser or other party to continue to provide you with service after the transaction is completed. This kind of transaction could take the form of a merger, sale of stock or assets, formation of a joint venture, investment or some other structure.
Information we disclose for purposes relating to billing and levels of service usage is generally provided on a monthly basis. Information for other purposes is provided as it is needed.
Potential Additional Disclosures
As permitted by the Cable Act, we may also from time to time disclose lists of our subscribers to third parties for purposes other than those referred to above. Those lists may contain your name and address, so long as we have given you the opportunity to prohibit or limit such disclosure and we do not also reveal, directly or indirectly, the extent of any viewing or other use of the services we provide to you or the nature of any transaction you make using those services. This permits us, among other things, to disclose your name and address to charities, advertisers, direct mail marketers and telemarketers for use in telephone or mail solicitations, market research or other purposes. You have the right to elect not to be included on such a list. If you do not desire to be included on any such list, you may “opt out” by contacting your local Wave Broadband cable office (which is identified on each monthly bill you receive), or by writing to us at Wave Broadband 3700 Monte Villa Pkwy, Bothell, WA 98021. Although permitted by the Cable Act, we have not and do not intend in the future to make any of the disclosures described above that would meet the definition of a “sale” under the California Consumer Privacy Act. If this changes, we will get your consent before making any such disclosures and will provide a designated mechanism for California subscribers to opt-out of such sales.
If you use the Wave Broadband Internet access service or telephone service (including voice over Internet Protocol telephone service) to send or receive an email message or other electronic communication, the ECPA permits us to access the content of those communications. 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 or when it is necessarily incident to providing service or to protect our rights or property; or to any one with the consent of the subscriber or an addressee or intended recipient (or his or her agent). The Cable Act also permits us to disclose personally identifiable information about you if authorized by a court order and if you have been notified of such order. If a governmental authority seeks the disclosure of personally identifiable information under any law except (i) the ECPA or (ii) the federal “pen register/trap and trace” statute (which we refer to as the “Register/Trace Statute”), then the Cable Act may prohibit such disclosure unless the disclosure is required by a court order and the following two special requirements are met:
- you have been given the opportunity to appear and contest in court any claims made in support of the court order sought by the governmental authority; and
- in the court proceeding, the governmental authority has offered clear and convincing evidence that you are reasonably suspected of engaging in criminal activity and that the information sought would be material evidence in a case against you.
If a governmental authority seeks personally identifiable information about you under the ECPA or the Register/Trace Statute, the Cable Act’s requirements are different depending on the nature of the information sought. If the governmental authority wants disclosure of records revealing cable subscriber selection of video programming, then we may disclose it only if authorized or required by a court order and only if the two special requirements of the Cable Act stated above are met. If, however, the government seeks any other kind of personally identifiable information, then those two special requirements do not have to be met and the government may require us to make the disclosure if authorized by the ECPA or the Register/Trace Statute. In some cases, this will mean that the disclosure may be required without a court order, without any prior notice to you that the government seeks the disclosure, without any prior opportunity for you to oppose the disclosure and without any notice that the disclosure has been made as required.
In addition to the above, if you subscribe to any of our Internet or telephony services, the ECPA permits us to disclose the contents of your e-mail or other communications to a law enforcement agency if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of the information without delay. We may do so without prior notice to you, without your consent and without being required to do so by a warrant, subpoena, court order or law. Examples of situations in which we might make such disclosures are where we reasonably believe that there is an immediate risk of death, suicide or terrorist activity.
The ECPA provides for other exceptional circumstances under which we may be compelled or permitted to disclose personally identifiable information about you or the content of your communications. For example, the content of your e-mail or other communications may be disclosed to law enforcement agencies if it appears to be evidence of child pornography, or was inadvertently obtained by us and appears to pertain to the commission of a crime.
The Social Security Act provides that state welfare agencies may obtain from our subscriber lists the names and addresses of individuals who owe or are owed child support and the names and addresses of their employers. The law says that this information can be obtained through an administrative subpoena issued by the state welfare agency, without a court order, and does not require that a subscriber be given notice of and the opportunity to contest the disclosure.
Sometimes, a copyright owner believes that the copyright has been infringed by an Internet user who uses an online service to post, download or otherwise use the copyrighted work without permission. The owner may know some information, such as the user’s e-mail or IP address, but may not know the users true identity. The Digital Millennium Copyright Act provides for a copyright owner to obtain a subpoena seeking disclosure from an online service provider of the identity of a user who is believed to have infringed the copyright. Upon receipt of a subpoena, the online service provider is required to expeditiously identify the alleged infringer.
Wave Broadband will disclose personal information about you when required by law or legal process, after giving effect to the Cable Act’s requirements.
Time Period During Which We Retain Personal Information
The Cable Act requires us to destroy personally identifiable information if the information is no longer necessary for the purpose for which it was collected and there are no pending requests by you for access to it or pending court orders or other legal process requiring that we disclose it to a third party. In most cases, this means that we will have personal information about you for so long as you are a subscriber and continue to retain it thereafter for as long as it may reasonably be required to comply with tax, accounting and any applicable contractual or legal requirements, which could be seven years or more after you stop being a subscriber.
Should you make a request to Wave Broadband pursuant to the CCPA, Wave Broadband will retain records of all requests and responses for at least 24 months from the latest date of communication between you and Wave Broadband related to such a request.
Access to Our Records About You
Under the Cable Act, cable subscribers have the right to inspect our records that contain personally identifiable information about them and to have a reasonable opportunity to correct any errors in such information. If you wish to exercise this right, please notify us at the local Wave Broadband office specified on your bill, and we will contact you to arrange a mutually convenient time during our regular business hours. Additional access rights are available to California consumers as described in the California Consumers’ Rights Under the CCPA below.
Your Rights Under the Cable Act
The Cable Act provides you with a cause of action for damages, attorneys’ fees and costs in Federal District Court if we violate the Cable Act’s limitations on the collection, disclosure, and retention of personally identifiable information about you.
Under the California Consumer Protection Act of 2018 (“CCPA”), California consumers have the right to request certain information from Wave Broadband. In particular, you may request twice within a 12 month period that Wave Broadband disclose the categories of personal information collected about you in the 12 months preceding your request, the categories of sources from which the personal information was collected, the business or commercial purposes for which personal information was collected, and the categories of third parties with whom Wave Broadband shared your personal information. You may also make a request for the specific pieces of personal information that we have collected about you. If we are able to provide this information electronically, we will do so in a portable format.
Additionally, you have the right to request that Wave Broadband delete your personal information from our systems. Wave Broadband will take reasonable steps to fulfil your request, however, in certain circumstances we will be unable to delete all of your personal information as Wave Broadband is lawfully authorized to retain certain categorizes of your personal information for legitimate business and regulatory purposes. In instances where Wave Broadband is not required to delete of your personal information, Wave Broadband will notify you of those categories of personal information that we did not delete and will provide an explanation as to why the information could not be deleted.
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may submit any of the requests described in this Section by calling toll-free 1-833-396-0001 or by completing the online fillable form available at https://ccpa.wavebroadband.com. Please note that Wave Broadband must be able to verify your identity in order to comply with your requests under this section. To do so, Wave Broadband will seek to associate the information provided by you when making a request with personal information we have collected about you previously. If you request for us to disclose specific pieces of personal information, we will ask you to sign a declaration, to be made under penalty of perjury, stating that you are the consumer that is the subject of your request. This is intended to help us protect the privacy and security of the personal information we maintain. If you are requesting specific pieces of personal information as the authorized agent of a California consumer, we will ask you also to submit reliable proof that you have been authorized in writing by the consumer to act on such consumer’s behalf. Please note that in order to provide you with any Customer Proprietary Network Information (CPNI) we will need to further authenticate you in accordance with federal law. Making a verifiable consumer request does not require you to create an account with us. If we are unable to appropriately verify your identity, we may ask you to contact us to provide additional information or explain why we are unable to complete your request.
We endeavor to respond to verifiable consumer requests within forty-five (45) days of receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Wave Broadband may not and will not discriminate against any California consumer for exercising any of the rights described in this section – including by charging differential pricing. Wave Broadband does not and does not intend in the future to sell your personal information.
California Civil Code Section 1798.83, also known as California’s “Shine the Light” law, also allows California residents to request certain information regarding our disclosures in the prior calendar year, if any, of personal information to third parties for their own direct marketing purposes. To make such a request, please contact us at either firstname.lastname@example.org or Legal Dept., Wave Broadband 3700 Monte Villa Pkwy, Bothell, WA 98021, and include your name and the address to which you would like us to respond. We will attempt to provide you with the requested information within thirty days of receipt.
Contact Your Local Wave Broadband Office If You Have Questions
If you have any questions about our policies described in this Policy, please contact your local Wave Broadband office at the address and telephone listed on your bill (or, if you have not yet been billed, on the service order you signed to subscribe to the service). You may also contact us at either email@example.com or Legal Dept., Wave Broadband 3700 Monte Villa Pkwy, Bothell, WA 98021.
Opt-Out for Third-Party Solicitation
Wave Broadband Marketing Opt-Out
To opt out of Wave Broadband’s mail or email marketing (special offers, product information, upgrade opportunities), please call 1-866-928-3123.