Privacy Policy and Your California Privacy Rights


Updated and Effective date:  September 12, 2018, 2018

This is the official Privacy Policy of Intelliwave LLC D/B/A Intelliwave Broadband and Intelliwave Fiber (“Intelliwave,” “we,” “our,” or “us”).  We understand that residential and business subscribers, visitors and users (collectively, “Subscribers,” “you,” or “your”) care about how your personally identifiable information (“Personal Information”), as defined below, is collected, used and shared.  (We may use the term users separately from Subscribers, where appropriate.)  Your privacy is important to us. Our Privacy Policy explains how we collect, use, disclose, and dispose of your Personal Information through the Intelliwave Broadband and Intelliwave Fiber websites (the “Sites”) and any of our services, including broadband Internet access services, voice over IP services, and other related services purchased by you (collectively, the “Services”).  This Privacy Policy together with the Intelliwave Fixed Wireless End User Agreement, Fiber Optic Services End User Agreement, Business Level Services Agreement, and the Open Internet Policy (collectively, “Service Agreements”) govern your use of the Sites and Services and our collection, use, disclosure, and disposal of your Personal Information.  Any capitalized terms not defined in this Privacy Policy will have the same meaning as defined in our Service Agreements.

By using or accessing our Sites and Services in any manner, Subscriber acknowledges that Subscriber accepts the practices and policies outlined in this Privacy Policy.  If you disagree with the way we collect, use, disclose, and dispose of Personal Information, do not use the Sites or any of the Services.

Your California Privacy Rights

Generally, California residents are entitled by law to ask Intelliwave for a notice identifying the categories of Personal Information that Intelliwave shared with its Affiliates and/or other third parties for their marketing purposes the preceding year, and provide contact information for such Affiliates and/or third parties unless Intelliwave meets certain exceptions in the law.  This Privacy Policy and Sites meet those exceptions.  Therefore, if Subscriber resides in California and Subscriber has an established business relationship with Intelliwave, Subscriber may request information about Intelliwave’s opt-out and out-in policies of sharing Subscriber Personal Information with other companies (including our Affiliates) for their marketing purposes.  Please send Subscriber’s written request via email or postal mail following the instructions below.  Intelliwave will not accept requests via the telephone or facsimile or respond to requests that are not labeled or sent properly, or do not have complete information.

For all requests, include Subscriber’s full name, street address, city, state and zip code.
In an email request, Subscriber must state “Re: Your California Privacy Rights” in the subject line and send Subscriber email to privacy@intelliwave.com 
In a postal request, Subscriber must send a letter or post card to:

Intelliwave LLC  

145 Columbus Rd. Athens, Ohio 45701

Attention:  Your California Privacy Rights

 

 

General Information

Intelliwave’s Sites and Services are designed and targeted to United States audiences and are governed by and operated in accordance with the laws of the U.S.  If Subscriber is not a U.S. citizen or does not reside in the U.S., Subscriber voluntarily consents to the collection, transfer, use, disclosure and retention of Subscriber Personal Information in the U.S.  Subscriber also agrees to waive any claims that may arise under Subscriber’s own national laws.

When Subscriber uses the Sites and Services, the Personal Information Subscriber sends and receives is transmitted over a wireless network, and may be subject to interception by unauthorized third parties who seek to do you harm.  While it is Intelliwave’s objective to take reasonable measures to reduce the risk that unauthorized third parties will be able to intercept the information Subscriber sends and receives through the Sites and Services, Intelliwave cannot and does not make any guarantee that transmissions over the Internet are 100% secure or error-free.

Intelliwave does not knowingly collect, solicit or use Personal Information from anyone under the age of 13.  If Subscriber is under age 13, please do not attempt to register for the Services or send any Personal Information about yourself to Intelliwave.  If Intelliwave learns that we have collected Personal Information from a child under the age of 13, we will delete that information as quickly as possible to the extent technically feasible.  If you believe that your child under age 13 may have provided Intelliwave Personal Information, please contact Intelliwave at privacy@intelliwave.com.

What Information does Intelliwave collect and how does Intelliwave use this Information?

Generally, Intelliwave collects and uses Personal Information internally in connection with providing the Sites and Services to Subscriber, including to personalize, evaluate and improve the Sites and Services, to contact Subscriber, to respond to and fulfill Subscriber requests, and to analyze how Subscriber uses the Sites and Services. 

Intelliwave collects and uses various types of information about Subscribers and Subscribers’ use of the Sites and Services via various features and registration pages, Help Desk and call centers, postal mail, the Intelliwave Facebook Page or other social network platforms, or by other means. Such information is generally classified as Personal Information or Non-Personal Information. 

Personal Information

Personal Information is the information Subscriber provides to Intelliwave voluntarily or passively through Subscriber use of the Sites and/or Services, and information which is directly associated with or reasonably linked to a specific person, computer or device.  For example, we collect and use Personal Information through the registration process, when the equipment to provide the Service is installed, maintained or upgraded at Subscriber’s premises, and when Subscriber contacts Intelliwave regarding the Sites or Services.  Through Subscriber account settings, Intelliwave collects and uses Personal Information such as Subscriber name, email address, landline and/or wireless telephone number, postal address, billing address (if different) and billing information (such as credit/debit card account number or other financial account information), service address, and the nature of any of Subscriber devices or other property making use of the Services.  Personal Information also includes customer proprietary network information (“CPNI”) which is collected and used to provide VoIP services to you.  CPNI includes any information that relates to the quantity, technical configuration, type, destination, location, and amount of use of our VoIP service, such as call detail, logs, and specifics regarding your VoIP account.  Subscriber may be required to provide certain Personal Information to assist Intelliwave in improving Subscriber’s Service or troubleshooting problems Subscriber is experiencing with the Sites or Service, Subscriber computer or device, or otherwise to improve the quality of the Services.

Intelliwave will communicate with Subscriber if Subscriber has provided Intelliwave the means to do so such as submission of a Subscriber’s postal address, email address or phone number.  Intelliwave will mail, email, call or text Subscriber about Subscriber’s use of the Services or product improvements or upgrades, and other transactional information about Subscriber’s service.

Intelliwave may also combine Personal Information with additional data obtained from Intelliwave’s Facebook Pages or other social network platforms, its Affiliates, its Operational Service Providers (third party owned companies that provide or perform services on Intelliwave’s behalf, to help serve Subscribers better and to perform functions in order to support Intelliwave’s businesses and operations), or other companies, such as credit bureaus, background check firms, and marketing research companies.

Some forms of Non-Personal Information as described below will be classified as Personal Information if required by applicable law or when such information is directly associated with or reasonably linked to a specific person, computer or device, or is combined with other forms of Personal Information.

Non-Personal Information

Website Information, Use of Cookies and other Similar Tracking Technology

When you visit Intelliwave’s Sites, Intelliwave may collect various types of Non-Personal Information, such as information on Intelliwave server logs from Subscriber’s browser or device, which may include Subscriber IP Address, unique device identifier, “cookie” information, the type of browser and/or device you are using to access the Services, and the page or feature Subscriber requested.  (IP Address and device identifiers are traditionally classified as Non-Personal Information, unless Intelliwave is required to do so otherwise under applicable law.)  “Cookies” and “web beacons” are text file identifiers Intelliwave transfers to Subscriber’s browser or device that allow Intelliwave to recognize Subscriber’s browser or device and tell Intelliwave how and when pages and features on the Intelliwave Sites are visited, by how many people, and other activity on the Sites.

Subscribers can change the preferences on Subscriber’s browser or device to prevent or limit Subscriber’s device’s acceptance of cookies, web beacons or other similar technology, but this may prevent Subscribers from taking advantage of some of the features on the Intelliwave Sites, or accessing certain functions and conveniences.  This Privacy Policy does not cover the use of cookies or other such tracking technology by any third parties, and Intelliwave is not responsible for their privacy policies and practices.

Intelliwave may also use Personal Information and Non-Personal Information to enhance the Intelliwave Sites and Services:  such as how often visitors use a particular feature or activity; which products and services are most interesting to current and potential Subscribers; ways to make the Sites useful and interesting to as many Subscribers as possible; and to enhance and refine Intelliwave’s Services.  Intelliwave will continue to conduct analytics on Intelliwave Sites and Services performance. Subscribers may not opt-out of this use of cookies, Personal Information and Non-Personal Information.

Technology is improving every day and to improve Intelliwave’s operations and functions Intelliwave may introduce new technologies and monitoring techniques without advance notice or consent from Subscriber.  Intelliwave may also use Operational Service Providers to conduct such internal functions and analyses.

Network Information

Intelliwave also collects and uses Intelliwave Network Information, information about Subscriber access to, and use of, the Intelliwave Networks, which may or may not be directly associated with or reasonably linked to a specific person, computer or device.  For example, Intelliwave may collect use information about the performance of the our equipment installed on Subscriber property or at Subscriber premises, when Subscriber is using the Services, the various devices Subscriber is using to access the Services, the amount of data Subscriber is transmitting and receiving, the content of the data Subscriber are transmitting and receiving, the websites Subscriber is visiting, and any other information that is transmitted over the Intelliwave Networks.  Intelliwave may also aggregate Intelliwave Network Information from multiple Subscribers and share such aggregated Non-Personal information about the overall performance of the Intelliwave Services and Intelliwave Networks with our Affiliates and other third parties.  Aggregated information does not identify a specific individual, computer or device.

We use Network Information to monitor and enhance the performance of the Intelliwave Networks.  Intelliwave will not monitor the content of the websites viewed or email communications as part of Intelliwave’s standard network management unless there is a complaint or an issue regarding the Services.  Generally, Intelliwave will monitor and preserve the following Intelliwave Network Information:

When Subscriber is using the Services;
How Subscriber is using the Services, such as monitoring traffic patterns regarding websites visited, amount of data being sent or received, or other activity;
The amount of data Subscriber is transmitting and receiving through the Services; and
General information regarding the performance of our equipment installed on Subscriber’s property or at Subscriber’s premises, and its interaction with the rest of the Intelliwave Networks.

However, Intelliwave reserves the right to, and may, monitor, access, review and preserve any Intelliwave Network Information and/or content in the following situations:

In response to an inquiry from Subscriber or an another Authorized Subscriber on Subscriber’s account regarding Subscriber or their use of the Services or problems Subscriber or they are experiencing using the Services;
If Intelliwave has reason to believe Subscriber is using the Services in violation of Subscriber’s Service Agreement or any applicable statutes, rules, ordinances or regulations;
If Intelliwave has reason to believe Subscriber use of the Service is negatively affecting other Subscribers; or
When Intelliwave is required by law or legal process to do so, or when Intelliwave has a good faith belief that Intelliwave is required by law or legal process to do so.

How is Personal Information used for marketing and advertising purposes?

Intelliwave may use Personal Information to send Subscriber marketing and advertising messages related to Intelliwave’s Services and Sites using Subscriber’s email address, postal address, or telephone number (for voice, texts, and pre-recorded calls).  Intelliwave may deliver a marketing or advertising message based on Subscriber visits to the Intelliwave Sites, which is general advertising or “Contextual Advertising,” defined as advertising based on the subject matter or the content of the specific website page or subject matter. Intelliwave may also send Subscriber “First Party Advertising,” which is advertising that is customized or personalized based on a history of Subscriber’s use of our Sites or Services (possibly combined with information from our Facebook fan page or other social network platforms).  First Party Advertising is based solely on a combination of information Intelliwave collects from Subscriber – not from Subscriber’s visits to other websites across the Internet.

Subscriber may opt-out of First Party Advertising but not Contextual Advertising.  No Personal Information is used to deliver Contextual Advertising; it automatically will appear based on the content or webpage Subscriber is viewing and thus is based on the context of that visit.  Subscriber may continue to receive general advertising if Subscriber opts-out of First Party Advertising, it will not be customized or personalized for Subscriber.

Intelliwave does not provide third party “Network Advertising,” which is advertising based on Subscriber’s overall Internet usage across different third party websites or online services.  Multiple third party websites and online services are involved in this tailored or personalized advertising process, in essence a “network” of advertising providers.

Because Intelliwave does not provide network ads, Intelliwave does not recognize the “Do Not Track” settings on various Internet browsers.  Intelliwave does not engage or allow third parties to track you across the Internet and across time for advertising purposes.

Links to other websites or online services

The Intelliwave Sites and/or our Facebook Pages (or other social networking platforms) may contain a variety of content and functionality and may provide links to other third party websites or online services.  Despite such links, this Privacy Policy applies only to Intelliwave and our Affiliates.  The presence of a link does not constitute or imply Intelliwave’s endorsement, recommendation, or sponsorship of the content, goods, services, business or privacy practices on such websites or online services.  Intelliwave encourages Subscribers to be aware and informed when Subscribers leave Intelliwave’s Sites and Intelliwave’s Facebook Pages, or any other social networking platforms. 

Will Intelliwave share Subscriber Personal Information?

Subscriber’s Personal Information will only be disclosed to third parties (including Intelliwave’s Affiliates) as listed in this Privacy Policy, or if Intelliwave has received your consent at the time Intelliwave will collect and use your Personal Information or prior to the disclosure of any Personal Information.  Intelliwave reserves the right to fully use, disclose and process any Non-Personal Information collected from Subscriber in any manner as well as any information Subscriber makes public via Intelliwave’s Sites or Services.

Intelliwave will not rent, sell or disclose Personal Information to anyone not related to Intelliwave for marketing or promotional purposes without your consent, unless in connection with a potential or actual sale, merger or a corporate restructuring by or of Intelliwave.  (See “For Business Transfers” below for more information.)  Intelliwave will share Subscriber Personal Information with its Affiliates and with other third parties as described in this section for the following reasons:

To Our Affiliates.  Intelliwave relies on various Affiliates in order to provide the Services to Subscribers.  Intelliwave may share Personal Information and Non-Personal Information with any of its Affiliates for business, operational, promotional and/or Intelliwave’s own marketing and advertising purposes.
To Operational Service Providers:  Intelliwave and its Affiliates contract with other companies and people to perform tasks or services on Intelliwave’s behalf and need to share Subscriber Personal Information to provide products or services to Subscribers.  For example, Intelliwave may use an independent payment processing company to receive and process Subscriber’s ACH or credit/debit card transactions, or with third parties to assist Intelliwave in optimizing the Intelliwave Networks.  Unless Intelliwave tells Subscriber differently, Intelliwave does not grant its Operational Service Providers any right to use the Personal Information Intelliwave shares with them beyond what is necessary to assist Intelliwave.
For Business Transfers/Restructuring:  Intelliwave may choose to buy or sell assets, or Intelliwave may sell assets or be sold.  In these types of transactions, Subscriber Personal Information is typically one of the business assets that would be disclosed and transferred. Also, if Intelliwave (or Intelliwave’s assets) are acquired, or Intelliwave goes out of business, enters bankruptcy, or goes through some other change of control, including restructuring, re-organization or financing arrangements, Personal Information could be one of the assets disclosed, transferred to or acquired by a third party.
For Protection of Intelliwave, and Our Affiliates, Employees, Operational Service Providers, Subscribers and Subscribers and Public Safety:  Intelliwave reserves the right to access, read, preserve, and disclose any Personal Information to implement and/or enforce the Service Agreements, protect the Intelliwave Networks, Sites, and other company assets; protect the interests, rights, property, and/or safety of Intelliwave or our Affiliates, employees and officers/directors, Operational Service Providers, Subscribers, agents, representatives, third party licensors or suppliers, or the general public.

 

When Required by Law or in Response to Legal Process:  Intelliwave reserves the right to access, read, preserve, and disclose any Personal Information to which Intelliwave has access if Intelliwave is required by law or legal process to do so, or if Intelliwave has a good faith belief that Intelliwave is required by law or legal process to do so.

Is Subscriber Personal Information secure?

Intelliwave endeavors to protect the privacy of Subscriber’s account and other Personal Information Intelliwave holds using reasonable administrative, technical and physical security measures.  We dispose of your Personal Information in a secure manner related to how sensitive or confidential the Personal Information is.  However, Intelliwave cannot and does not guarantee complete security.  Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of Personal Information at any time.

Subscriber’s account is protected by a password for Subscriber privacy and security.  It is Subscriber’s responsibility to prevent unauthorized access to Subscriber’s account and Personal Information by selecting and protecting Subscriber password and/or other sign-on mechanism appropriately and limiting access to Subscriber computer, tablet or device and browser by signing off after Subscriber has finished accessing his/her account.  Subscriber is required to notify us immediately if Subscriber’s password or account has been disclosed to a person whose name does not appear on Subscriber’s account, even if you have allowed such disclosure.  Subscriber understands, acknowledges and agrees that Subscriber is solely responsible for any use of Intelliwave Services via Subscriber’s Subscriber name and password.

Additionally, if Subscriber contacts Intelliwave, Intelliwave will ask Subscriber for verification of Subscriber’s identification and account.  Intelliwave will not send an email or text, nor should Subscriber respond to any email or text communications asking for any sensitive or confidential Personal Information, such as social security number, bank account or credit card account number, or a driver’s license number.  If Subscriber receives an email or text from Intelliwave requesting any such information or someone that claims they are with Intelliwave or our Affiliates please contact our Privacy Administrator immediately:  privacy@intelliwave.com

What Personal Information can Subscribers access, modify and/or delete?

Generally, Subscriber may access the following Personal Information in Subscriber’s account:

Full name;
Subscriber name and password;
Postal Address;
Email address;
Telephone number;
Billing and Service address; and
Account and billing information.

By contacting Intelliwave through any online account portal and/or via telephone, Intelliwave may enable Subscribers to view and modify Subscriber account settings, and in some cases, edit or delete the Personal Information listed above.  Current subscribers may not delete any Personal Information; you may only update or modify information.  Former Subscribers may be able to delete Personal Information from active status depending on the services you subscribed to.  When a Subscriber updates Personal Information, however, Intelliwave may maintain a copy of the unrevised information in Intelliwave’s records for internal security reasons and recordkeeping.  Intelliwave may also retain certain Personal Information indefinitely as required by Intelliwave’s business practices, by law, and/or tax reporting purposes after Subscriber is no longer a Intelliwave Subscriber.   

Intelliwave may use any aggregated data derived from or incorporating Subscriber’s Personal Information after Subscriber updates or deletes it, but not in a manner that would identify Subscriber personally.  The information Subscriber can access, update, and delete may also change. 

To prevent unauthorized access to your account and Personal Information, you may only access your account portal or account via a telephone customer service representative after we have verified and authenticated your identity via your submission of a password, PIN, and /or a security question.  Only then will you have the ability to modify or update your Personal Information (including access to CPNI, if applicable), and receive other account information either via telephone or online.  If Subscriber has any questions about viewing or updating information Intelliwave has on file, please contact Intelliwave at privacy@intelliwave.com.

What third party disclosure choices do Subscribers have?

Subscribers can always choose not to disclose Personal Information to Intelliwave; however, certain Personal Information is necessary for Intelliwave to provide the Services to Subscriber or to access certain parts of the Sites.  Subscribers may opt out of sharing Personal Information with our Affiliates only for marketing or advertising purposes, but not for business or operational purposes.

Subscriber may opt out of email marketing and advertising from Intelliwave or its Affiliates using the “Unsubscribe” mechanism in each email.  Before Intelliwave sends Subscriber a text for any reason, or sends Subscriber a pre-recorded call that contains advertising or marketing information, Intelliwave will secure Subscriber’s prior written express consent, which can be given via a voice recording, email, text message, postal mail, or telephone key press.  Non-telemarketing pre-recorded calls do not require Subscriber’s prior express consent in writing, unless they are sent to a wireless device.  Subscriber understands, acknowledges and agrees that such texts and pre-recorded telemarketing calls may be sent using an autodialer and are not conditioned on your purchase of the Services.  Subscriber may opt out of receiving text messages any time by replying “STOP” or “UNSUBSCRIBE” to the text message.  Subscriber may opt out of receiving pre-recorded calls by the opt-out instructions in the call.  However, Subscriber will continue to receive calls related to debt-collection and Subscriber’s current service.  Subscriber may also opt-out of First Party Advertising, but not Contextual Advertising, as detailed in the “Use of Personal Information for Marketing or Advertising Purposes” section above.

Subscriber may not opt out of Intelliwave’s use of cookies or other similar technology, or use of Subscriber’s Personal Information and Non-Personal Information for Intelliwave’s internal analytics used to monitor activity on Intelliwave’s Sites, measure Intelliwave Services’ performance, or to operate and protect the Intelliwave Networks.

Will this Privacy Policy ever change?

Yes, because Intelliwave is constantly working to improve and introduce new features or products in our Services, we will need to update this Privacy Policy from time to time as our business practices change and service offerings increase, and/or there are changes in local, state or federal laws.  Additionally, Intelliwave will also make stylistic, organizational and/or grammatical changes to present Intelliwave privacy practices in a Subscriber friendly easy to read manner.  Intelliwave will alert Subscribers to any such changes by placing a notice on intelliwave.com/privacy or intelliwavefiber.com/privacy with the effective date of the revised Privacy Policy, and/or by sending Subscribers an email, or by some other means to the extent required by law.  Subscribers are always responsible for reading and understanding all notices posted on Intelliwave’s Sites, whether their contact information is updated or not.  Subscriber’s continued use of the Services or Sites after notice of any changes have been provided will indicate Subscriber’s acceptance of such changes, except where further steps are required by applicable law.

Use of Subscriber’s Personal Information is primarily governed by the Privacy Policy in effect at the time Subscriber subscribed to the Service or visited the Intelliwave Sites.  If Intelliwave elects to use or to disclose Personal Information in a manner that is materially different than that stated in the Privacy Policy in effect at the time you subscribed to the Services or visited the Intelliwave Sites, Intelliwave will provide Subscriber with an opportunity to consent to such use or disclosure.  Depending on the circumstances, that consent may include an opt-out. 

What if you have questions or comments about this Privacy Policy?

If you have any questions or concerns regarding Intelliwave’s privacy practices and policies, please contact Intelliwave at privacy@intelliwave.com.

 

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- All Rights Reserved.