CLEAR CHOICE COMMUNICATIONS
FOR CABLE VIDEO, HIGH-SPEED INTERNET, and PHONE
Why is Clear Choice Communications providing this notice to me?
As a subscriber to cable service or other services provided by Clear Choice Communications , you are entitled under Section 631 of the federal Cable Communications Policy Act of 1984, as amended, (the “Cable Act”) to know the following:
- the limitations imposed by the Cable Act upon cable operators in the collection and disclosure of personally identifiable information about subscribers;
- the nature of personally identifiable information we collect;
- the nature of the use of personally identifiable information;
- under what conditions and circumstances we may disclose personally identifiable information and to whom;
- the period during which we maintain personally identifiable information;
- the times and places at which you may have access to your personally identifiable information; and
- your rights under the Cable Act concerning personally identifiable information and its collection and disclosure.
Personally identifiable information is information that identifies a particular person; it does not include de-identified, anonymous, or aggregate data that does not identify a particular person or persons. This notice is also provided to you in accordance with applicable Louisiana law, which only applies to our customers located in Louisiana who are served by a cable television corporation. In addition, Section 222 of the Communications Act of 1934, as amended, (the “Communications Act”) provides additional privacy protections for certain information related to our phone and Internet services:
- information about the quantity, technical configuration, type, destination, location, and amount of your use of the phone and Internet services; and
- information contained on your bill concerning the type of phone and Internet services and features you receive.
That information is known as customer proprietary network information or CPNI for short. This notice, which includes our CPNI Policy, describes what CPNI information we obtain, how we protect it, and how it may be used. If you are a customer of our phone and Internet services, you have the right, and Clear Choice Communications has a duty, under the Communications Act and applicable state law, to protect the confidentiality of CPNI. In addition, the FCC’s rules provide additional privacy protections specific to our phone services that we describe in this notice. We explain below under “HOW DO I GIVE OR WITHHOLD MY APPROVAL FOR Clear Choice Communications TO USE CPNI TO MARKET ADDITIONAL PRODUCTS AND SERVICES TO ME?” how you can approve our use of CPNI or withdraw your approval in the event Clear Choice Communications decides to use CPNI for marketing purposes.
Special Note: Our CPNI Policy applies to the voice and Internet communications-related services provided by the applicable Clear Choice Communications operating company that delivers those services to our customers. In this notice, the terms “Clear Choice Communications,” “we,” “us,” or “our” refer to the operating company, subsidiaries or affiliates of Clear Choice Communications that (i) owns and/or operates the cable television system in your area pursuant to a cable television franchise with the local franchising authority, or (ii) is the operating company that delivers voice services in your area. The term “you” refers to you as a subscriber to one or more of our cable service and other services.
What kind of information does this notice apply to?
The Cable Act applies to personally identifiable information that you have furnished to Clear Choice Communications, or that Clear Choice Communications has collected using the cable system, in connection with the provision of cable service or other services. The Communications Act applies to CPNI related to our regulated phone and Internet services, and certain orders of the Federal Communications Commission apply the CPNI rules to our interconnected voice over Internet protocol communications services.
For what purposes may Clear Choice Communications collect personally identifiable information and CPNI?
The Cable Act authorizes Clear Choice Communications as a cable operator to use the cable system to collect personally identifiable information concerning any subscriber for the following purposes:
- To obtain information necessary to render our cable service or other services to our subscribers; and to detect unauthorized reception of cable communications.
The Cable Act prohibits us from using the cable system to collect personally identifiable information concerning any subscriber for any purposes other than those listed above without the subscriber’s prior written or electronic consent.
The Communications Act authorizes us to use, disclose, or permit access to individually identifiable CPNI in our provision of:
- The telecommunications services from which this information is derived; or services necessary to, or used in, the provision of these services, including the publishing of directories.
The Communications Act prohibits us from using CPNI for any purposes other than those listed above except as permitted or required by law or with your approval.
What kind of personally identifiable information and CPNI does Clear Choice Communications collect?
Clear Choice Communications collects information from you at several different points when you request, turn on, and use our services under an account we create for you. Some of this information is personally identifiable information, but much of it is not. We collect 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 account records include some, but typically not all, of the following information:
- service address;
- billing address;
- telephone number;
- driver’s license number;
- bank account number; and
- credit card number.
With respect to phone services, examples of CPNI include information typically available from telephone-related details on your monthly bill:
- location of service;
- technical configuration of service;
- type of service;
- quantity of service;
- amount of use of service; and
- calling patterns.
CPNI does not include your name, address, and telephone number because the Communications Act classifies that information as “subscriber list information” which is not subject to the CPNI protections. However, that information is also subject to certain protections as described below under “To whom may Clear Choice Communications disclose personally identifiable information?” The FCC has not yet adopted specific rules or definitions regarding CPNI as it relates to Internet access.
We also collect and maintain certain other information about your account. For example, this information may include:
- your account number;
- billing, payment, and deposit history;
- additional service information;
- customer correspondence and communications records;
- maintenance and complaint information;
- the device identifiers and network addresses of equipment used with your account;
- records indicating the number of television sets, set-top boxes, modems, telephones, and other devices connected to our cable system; and
- additional information about the service options you have chosen. Some of our services permit you to establish secondary accounts, and if you do so we collect similar information in order to establish and service the secondary accounts. During the initial provisioning of our services, and during any subsequent changes or updates to our services, Clear Choice Communications may collect technical information about your televisions, any set-top boxes, computer hardware and software, cable modems, telephones, and other cable or other service-related devices, Additionally, if you rent your residence, we may have a record of whether landlord permission was required prior to installing our cable services as well as your landlord’s name and address.
What kind of information does Clear Choice Communications collect if I use cable video services?
When you use cable video services, our cable system automatically generates information about your use of the services and their features, and we collect much of this information as part of providing services to you. For example, we receive information about the use of set-top boxes, remote controls, electronic program guides, video players, applications, and other devices and software connected to our cable system. This information includes which channels, programs, and advertisements are viewed and for how long, for example. It may also include information about navigation through program guides and applications, and use of devices like remote controls and tablets. Except as described below, we collect this activity data without names and addresses or other personally identifiable information and we consider it de-identified data. Our system may collect activity data with personally identifiable information for particular requests or transactions like when you order a pay-per-view program or purchase a product. This information typically consists of account and billing-related information such as the programs or other products, services, or features ordered so that you may be properly billed for them. Follow your program guide commands or any special instructions on your screen when you make these transactional requests. These commands and instructions will explain your choices so that you can complete or cancel your requests as you wish.
What kind of information does Clear Choice Communications collect and use to improve your cable services and deliver relevant advertising?
Clear Choice Communications cable system, set-top boxes, and other equipment generate activity data that we collect and store. We use this information for a number of purposes including to determine which programs are most popular, how many people watch a program to its conclusion, and whether people are watching commercials. As described below under “How does Clear Choice Communications use personally identifiable information and CPNI?,” we may also provide information like subscriber lists or certain de-identified, anonymous, and/or aggregate information (such as activity data) to third parties working on our behalf – such as audience measurement or market research firms. We, or these firms, working as our service providers, may combine this information with aggregated or non-aggregated demographic information (such as census records) and other audience attributes, such as purchasing data, demonstrated interests (for example, in sports programs or movies), loyalty programs, organizational affiliations, advertiser customer lists, and the like to provide us with audience analysis data. We require third parties working on our behalf to treat all information we provide as confidential and to use it only for Clear Choice communications’ business purposes. We may also work with academic or research interest groups to analyze de-identified, anonymous, and/or aggregate information we provide to them for specific purposes or projects. We use this information and analysis to improve our cable video service and other services and make programming and advertising more relevant to our subscribers. We may also use this information to distribute and deliver relevant programming and advertising to you without disclosing personally identifiable information about you to programmers or advertisers. In addition to this privacy notice, we may provide additional notices to you regarding specific advertising or other initiatives. These notices will describe the initiatives in greater detail and may, as appropriate, contain information you can use to choose to participate, or not participate, in these initiatives.
II. Use how does Clear Choice Communications use personally identifiable information and CPNI?
We collect, maintain, and use personally identifiable information and CPNI as permitted by the Cable Act and the Communications Act and other applicable laws. We use this information primarily to conduct business activities related to providing you with our cable service and other services, and to help us detect theft of service. Generally speaking, we use personally identifiable information in connection with:
- billing and invoicing;
- collection of fees and charges;
- service delivery and customization;
- maintenance and operations;
- technical support;
- hardware and software upgrades; &
- fraud prevention.
More specifically, we also use personally identifiable information to:
- install, configure, operate, provide, support, and maintain our cable service and other services;
- confirm you are receiving the level(s) of service requested and are properly billed;
- identify you when changes are made to your account or services;
- make you aware of new content, products, or services that may be of interest to you;
- understand the use of, and identify improvements to, our services;
- detect unauthorized reception, use, or abuse of our services;
- determine whether there are violations of any applicable policies and terms of service;
- manage the network supporting our services;
- configure and update cable service and other service-related devices and software; and
- software; and
- comply with law.
The Communications Act further permits Clear Choice Communications to use, disclose, and permit access to CPNI obtained from our customers, either directly or indirectly, to:
- initiate, render, bill, and collect for telecommunications services;
- protect our rights and property, and protect our users of these services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, these services;
- provide any inbound telemarketing, referral, or administrative services to you for the duration of the call, if you initiated the call and you approve of the use of this information to provide these services; and
- to provide call location information concerning the user of a commercial mobile phone service. Clear Choice Communications may not use CPNI to market products and services to you other than enhancements to services you already have without your approval in accordance with our policies described below. Clear Choice Communications transmits, and may collect and store for a period of time, personally identifiable and non-personally identifiable information about you when you use our high-speed Internet and phone services to:
- send and receive e-mail, video mail, and instant messages;
- transfer and share files;
- make files accessible;
- visit websites;
- place or receive calls;
- leave and receive voice mail messages;
- use the applicable communications center or voice center;
- establish custom settings or preferences;
- communicate with us for support; or
- otherwise use the services and their features.
How does Clear Choice Communications use activity data and other data in connection with cable video service?
We associate activity data with particular devices such as set-top boxes, portable devices, and other supported devices so that we know where to deliver the services and how to troubleshoot them. In general, Clear Choice Communications uses de-identified and aggregate activity information to understand better how our customers use our products and services so that we can improve them, including by delivering more relevant content and advertising. We may try to determine how well our products and services deliver value to our customers, for example, by determining which programs are most popular, how many people watch a program to its conclusion, and whether and how often people are watching commercials. As discussed below, we may also combine activity data with other non-personally identifying demographic and similar information from our business records. When we collect activity data, we may also use it to determine how many people view commercials (impressions) and to provide de-identified or aggregate reports to third-party advertisers. When we do this reporting on advertising impressions we do not provide any personally identifiable information about our subscribers to third-party advertisers. We, or our service providers, may combine de-identified activity data with other data to determine and report how an advertiser’s messages are viewed, including on other platforms and services. We may also use activity data to help us learn how popular certain programs are and how our customers as a whole generally prefer to view certain kinds of programming using cable video service (such as whether they like to watch certain programs live, or they prefer to view them when we offer them on demand, on mobile devices, or online). As described below, this may require us to compare or combine activity data on our cable system with online activity data. We may also use activity data to determine whether promoting content and services in certain ways helps attract a larger audience and more customers. While we may provide aggregate reports on these observations to programmers or others, we do not provide any personally identifiable information about our subscribers, or the activities of individual subscribers, to those programmers and others. We may also use, or combine information about, your use of our cable services with other information we obtain from our business records (such as your Clear Choice Communications account number or device identifiers), or from third parties, to deliver better and more relevant products, services and advertising. However, we do not store or share your activity data in association with your name or address, except as necessary to render or bill for our services. We may try to determine, using aggregated data, which groups of our customers use which of our products and services and how they use them. To do this we, or third parties working on our behalf, may combine demographic and other generally available information, or advertiser information, including purchasing data and membership in loyalty programs, with our subscriber lists. From this information, we or our third party providers prepare de-identified and aggregated reports about how groups of customers with common characteristics – such as age and gender, or a demonstrated interest in a particular third party product – use our services and respond to the programming and advertising that we distribute. We may use this information to improve and communicate with you about our own products and services, and also to help us deliver relevant information and advertising on behalf of other companies and advertisers to certain subscriber groups – known as ad groups – who may be most interested in this information and advertising. When we do this, we do not share your personally identifiable information with these advertisers, unless you provide your express consent. We may also combine personally identifiable information, which we collect as described in this notice as part of our regular business records, with personally identifiable information obtained from third parties for the purpose of creating an enhanced database or business records. We may use this database and these business records for marketing, advertising, and other activities related to our cable service and other services. We also maintain records of research concerning subscriber satisfaction and viewing habits, which are obtained from subscriber interviews, questionnaires, and surveys or panels.
How does Clear Choice Communications use information about use of cable video services on other platforms like websites or mobile applications?
We may compare or combine information such as activity data we receive when you use cable video services to view content or advertising with information about your use of content and advertising that we deliver on other platforms, such as on our Xfinity websites and mobile applications. We may also compare or combine this information or data with that generated by your viewing of advertising placed or sold by Clear Choice Communications on other websites and mobile applications. We do this to better understand, among other things, how our customers access and use our products and services in all of the places that we offer them.
III. Disclosure Under what circumstances may Clear Choice Communications disclose personally identifiable information to others?
Clear Choice Communications considers the personally identifiable information contained in our business records to be confidential. The Cable Act authorizes Clear Choice Communications as a cable operator to disclose personally identifiable information concerning any subscriber if the disclosure is:
- Necessary to render, or conduct a legitimate business activity related to, the cable service or other services provided to the subscriber;
- Required by law or legal process (described below under “When is Clear Choice Communications required by law to disclose personally identifiable information and CPNI by law?”); or
- Of the names and addresses of subscribers for “mailing list” or other purposes (subject to each subscriber’s right to prohibit or limit this disclosure and the CPNI Policy described below under “How do I place myself on Clear Choice Communications’ ‘do not call’ and ‘do not mail’ lists?”).
The Cable Act prohibits us as a cable operator from disclosing personally identifiable information concerning any subscriber for any purposes other than those listed above without the subscriber’s prior written or electronic consent.
To whom may Clear Choice Communications disclose personally identifiable information?
We may disclose personally identifiable information as provided for in the Cable Act when it is necessary to render, or conduct a legitimate business activity related to, the cable service or other services we provide to you. These kinds of disclosures typically involve billing and collections, administration, surveys, marketing, service delivery and customization, maintenance and operations, incident verification and response, service notifications, fraud prevention, and services to improve our programming and advertising offerings, for example. We may also collect, use, and disclose information about you in de-identified, anonymous, or aggregate formats, such as ratings surveys and service usage and other statistical reports, which do not personally identify you, your particular viewing habits, or the nature of any transaction you have made over the cable system. The frequency of any disclosure of personally identifiable information varies in accordance with our business needs and activities. The Cable Act authorizes Clear Choice Communications as a cable operator to disclose limited personally identifiable information to others, such as charities, marketing organizations, or other businesses, for cable or non-cable “mailing list” or other purposes. From time to time we may disclose your name and address for these purposes. However, you have the right to prohibit or limit this kind of disclosure by contacting us by telephone at 225-687-7000 or by sending us a written request as described below under “How do I contact Clear Choice Communications?” Any “mailing list” and related disclosures that we may make are limited by the Cable Act to disclosures of subscriber names and addresses where the disclosures do not reveal, directly or indirectly, (i) the extent of any viewing or other use by the subscriber of a cable service or other service provided by us; or (ii) the nature of any transaction made by the subscriber over our cable system. We may sometimes disclose personally identifiable information about you to our affiliates or to others who work for us. We may also disclose personally identifiable information about you to outside auditors, professional advisors, service providers and vendors, potential business merger, acquisition, or sale partners, and regulators. We make these disclosures as provided for in the Cable Act. Typically, we make these disclosures when the disclosure is necessary to render, or conduct a legitimate business activity related to, the cable service or other services we provide to you. We may be required by law or legal process to disclose certain personally identifiable information about you to lawyers and parties in connection with litigation and to law enforcement personnel. If we (or our parent company) enter into a merger, acquisition, or sale of all or a portion of our assets, subscribers’ personally identifiable information will, in most instances, be one of the items transferred as part of the transaction. If this notice will be changed as a result of a transaction like that, you should refer below under “Will Clear Choice Communications notify me if it changes this notice?” 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 under our terms of service and policies, in court or elsewhere, and as otherwise permitted by law.
When may Clear Choice Communications disclose personal information to others in connection with phone service?
Clear Choice Communications may disclose to others personally identifiable information in connection with features and services such as Caller ID, 911/E911, and directory services as follows:
- We may transmit your name and/or telephone number to be displayed on a Caller ID device 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 or emergency numbers, 911, 900 numbers, or toll-free 800, 888, 877, 866, or 855 numbers.
- We may provide your name, address, and telephone number to public safety authorities and their vendors for inclusion in E911 databases and records, inclusion in “reverse 911” systems, or to troubleshoot 911/E911 record errors.
- We may publish and distribute, or cause to be published and distributed, telephone directories in print, on the Internet, and on disks. Those telephone directories may include subscriber names, addresses, and telephone numbers, without restriction to their use.
- We may also make subscriber names, addresses, and telephone numbers available, or cause such subscriber information to be made available, through directory assistance operators.
- We may provide subscribers’ names, addresses, and telephone numbers to unaffiliated directory publishers and directory assistance providers for their use in creating directories and offering directory assistance services.
- Once our subscribers’ names, addresses, and telephone numbers appear in telephone directories or directory assistance, they may be sorted, packaged, repackaged and made available again in different formats by anyone.
We take reasonable precautions to ensure that non-published and unlisted numbers are not included in our telephone directories or directory assistance services, but we cannot guarantee that errors will never occur.
When is Clear Choice Communications required to disclose personally identifiable information and CPNI 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 or individually identifiable CPNI about a subscriber. These disclosures may be made with or without the subscriber’s consent, and with or without notice, in compliance with the terms of valid legal process such as a subpoena, court order, or search warrant. For subscribers to our cable video service, Clear Choice Communications may be required 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 under the Cable Act to notify the subscriber of the court order. If the court order is sought by a governmental entity, 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 the 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 case. For subscribers to our high-speed Internet, and phone services, Clear Choice Communications may be required to disclose personally identifiable information and individually identifiable CPNI to a private third party in response to a court order, and, if so, we are required to notify the subscriber of the court order. Clear Choice Communications may also be required to disclose personally identifiable information and individually identifiable CPNI about subscribers to high-speed Internet, phone, and phone services to a government entity in response to a subpoena, court order, or search warrant, for example. We are usually prohibited from notifying the subscriber of any disclosure of personally identifiable information to a government entity by the terms of the subpoena, court order, or search warrant.
How does Clear Choice Communications 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 does Clear Choice Communications maintain personally identifiable information?
Clear Choice Communications 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.
- Customer Access and Choice How can I see my personally identifiable information or CPNI and correct it, if necessary?
You may examine and correct, if necessary, the personally identifiable information regarding you that is collected and maintained by Clear Choice Communications in our regular business records. In most cases, the personally identifiable information contained in these records consists solely of billing and account information. 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 advertising and we will continue to send you Clear Choice Communications marketing messages based on the way you use our products and services and the information we have collected about you.
How do I give or withhold my approval for Clear Choice Communications to use CPNI to market additional products and services to me?
Various direct and indirect subsidiaries and affiliates of Clear Choice Communications Cable Communications, LLC offer many communications-related and non-communications related services, such as high-speed Internet services. From time to time we may 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. In addition, Clear Choice Communications also offers various other services that are not related to the services to which you subscribe. Under the CPNI rules, some of those services, such as Clear Choice Communications cable video services, are considered to be non-communications related products and services. Therefore, you may be asked during a telephone call with one of our representatives for your oral consent to Clear Choice Communications’ use of your CPNI for the purpose of providing you with an offer for communications related or non-communications related products and services. If you provide your oral consent for Clear Choice Communications to do so, Clear Choice Communications may use your CPNI only for the duration of that telephone call in order to offer you additional services. If you deny or restrict your approval for us to use your CPNI, you will suffer no effect, now or in the future, on how we provide any services to which you subscribe.
What e-mail communications will Clear Choice Communications send to me and how do I manage them?
We may send a welcome e-mail and sometimes other information to new subscribers to our cable service and other services (including each new secondary account holder, where applicable). We may also send service-related announcements to our subscribers from time to time. For example, we may send you an e-mail announcement about a pricing change, a change in operating policies, a service appointment, or new features of one or more of the cable service or other services you receive from us. You may not opt-out of these service-related communications. If you fail to check your primary e-mail address for service-related announcements, you may miss important information about our services, including legal notices, for example. We reserve the right to send you promotional or commercial e-mail as permitted by applicable law. You can manage the promotional or commercial e-mails Clear Choice Communications may send to you by following the instructions contained in the e-mails or by going to the Web page located at www.itsyourclearchoice.com
and following the directions there. We may ask for additional information on this preferences page such as your zip code, for example. By providing this additional information to us we will be able to better inform you of the availability of special offers and promotions in your area. If you no longer wish to receive these e-mails you may opt-out of receiving them by going to the same page and changing your contact preferences.
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 or other applicable laws, we encourage you to contact us directly as described below in “How do I contact Clear Choice Communications?” in order to resolve your question or concern. You may also enforce the limitations imposed on us by the Cable Act as applicable with respect to your personally identifiable information through a civil lawsuit seeking damages, attorneys’ fees, and litigation costs. Other rights and remedies may be available to you under federal or other applicable laws as well. This customer privacy notice neither supersedes nor modifies any arbitration agreement to which you may be bound relating to the provision of our cable video service, our high-speed Internet service and our phone services to you as a subscriber to one or more of these services.
Will Clear Choice Communications notify me if it changes this notice?
As required by the Cable Act, we will provide you with a copy of this customer privacy notice at the time we enter into an agreement to provide any cable service or other service to you, and annually afterwards, or as otherwise permitted by law. You can view the most current version of this notice by going to http://www.itsyourclearchoice.com. We may modify this notice at any time. We will notify you of any material changes through written, electronic, or other means and as otherwise permitted by law. If you find the changes to this notice unacceptable, you have the right to cancel your service. If you continue to use the service following notice of the changes, we will deem that to be your acceptance of and consent to the changes in the revised privacy notice. This includes your consent for any personally identifiable information that we may collect and use starting on the effective date of the revised notice, as well as for any personally identifiable information that we have collected prior to the effective date of the revised notice.
How do I contact Clear Choice Communications?
If you have any questions or suggestions regarding this privacy notice, or wish to contact us about your personal information, please reach us as follows:
Mail: Clear Choice Communications
P.O. Box 509
Plaquemine, La. 70764