4ip Technology and Media LLC AND Nexstream
PRIVACY POLICY
Effective date: July 1, 2018
4ip Technology and Media LLC d/b/a Nexstream (“NEXSTREAM”) knows Customers care about how their personally identifiable information (“Personal Information”) is used and shared, and NEXSTREAM takes Customers’ privacy seriously. Please read the following to learn more about NEXSTREAM’s Privacy Policy.
By using the Service (as defined in the Terms and Conditions of Service) or accessing NEXSTREAM’s website in any manner, Customer acknowledges that Customer accepts the practices and policies outlined in this Privacy Policy, and Customer hereby consents that NEXSTREAM will collect, use, store and share Customer’s Personal Information in the following ways.
Remember that Customer’s use of the Service is at all times subject to Terms and Conditions of Service, which incorporates this Privacy Policy by reference. Any capitalized terms not defined in this Privacy Policy will have the same meaning as defined in Terms and Conditions of Service and Acceptable Use Policy.
NEXSTREAM Services are designed and targeted to U.S. audiences and are governed by and operated in accordance with the laws of the United States and the state laws where the services are provided. If Customer is not a U.S. resident, Customer voluntarily consents to the collection, transfer, use, disclosure and retention of Customer Personal Information in the U.S. Customer also agrees to waive any claims that may arise under Customer’s own national laws.
When Customer uses the Service, the Personal Information (as defined below) Customer sends and receives is transmitted over a wireless, and/or wired network, and may be subject to interception by unauthorized third parties who seek to do you harm. While it is NEXSTREAM’s objective to take reasonable measures to reduce the risk that unauthorized third parties will be able to intercept the information Customer sends and receives through the Service, NEXSTREAM cannot and does not make any guarantee that transmissions over the Internet are 100% secure or error-free.
NEXSTREAM recommends that you use caution when sending any Personal Information over the Internet and use encryption technology whenever possible, such as websites that have the “https” designation in the website’s address bar and show a padlock icon in the browser’s window.
NEXSTREAM does not knowingly collect, solicit or use Personal Information from anyone under the age of 13. If Customer is under age 13, please do not attempt to register for the Services or send any Personal Information about yourself to NEXSTREAM. If NEXSTREAM learns that NEXSTREAM has collected Personal Information from a child under age 13, NEXSTREAM will delete that information as quickly as possible to the extent technically feasible. If Customer believes that its child under age 13 may have provided NEXSTREAM Personal Information, please contact NEXSTREAM at legal@NEXSTREAM.net.
What types of information does this Privacy Policy cover?
NEXSTREAM Communications—NEXSTREAM collects and stores various types of information about Customers and Customers’ use of the Service via the NEXSTREAM website, Help Desk and call centers, postal mail, remote kiosks, the NEXSTREAM Facebook Page or other social network platforms or by other means, generally classified as Personal Information and Non-Personal Information. Generally, NEXSTREAM gathers and uses Personal Information internally in connection with providing the Service to Customer, including to personalize, evaluate and improve the Service and NEXSTREAM’s ability to provide the Service to Customer, to contact Customer, to respond to and fulfill Customer requests regarding the Service, and to analyze how Customer uses the Service.
With whom does NEXSTREAM share Personal Information?
NEXSTREAM may share Your Personal Information with its Affiliates and with other third parties as described below.
What Information does NEXSTREAM collect and how does NEXSTREAM use this Information?
Personal Information—Personal Information is the information Customer provides to NEXSTREAM voluntarily or passively through Customer use of the Service and/or website, and which is directly associated with or reasonably linked to a specific person, computer or device. For example, through the registration process, when the equipment to provide the Service is installed, maintained or upgraded at Customer’s premises, when Customer contacts NEXSTREAM regarding the Service, and through Customer account settings, NEXSTREAM collects and stores Personal Information such as Customer name, email address, phone number, billing address and billing information (such as credit card account number or other financial account information), service address, and the nature of any of Customer devices or other property making use of the Service. Customer may be required to provide certain Personal Information to NEXSTREAM in order to register with NEXSTREAM, to assist NEXSTREAM in improving Customer’s Service or troubleshooting problems Customer is experiencing with the Service, Customer computer or device, or otherwise to improve the quality of the Service. NEXSTREAM will communicate with Customer if Customer has provided NEXSTREAM the means to do so. For example, if Customer has given NEXSTREAM Customer’s email address or phone number, NEXSTREAM will email or call Customer about Customer use of the Service or product improvements or upgrades, and other transactional information about Customer Service. NEXSTREAM may also combine Customer Personal Information with additional Personal Information obtained from NEXSTREAM Facebook Pages or other social network platforms, its Affiliates, its Operational Service Providers (third party owned companies that provide or perform services on NEXSTREAM’s behalf, to help serve Customer better and to perform functions in order to support NEXSTREAM 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 NEXSTREAM’s website, NEXSTREAM will collect various types of Non-Personal Information, such as information on NEXSTREAM server logs from Customer’s browser or device, which may include Customer IP address, unique device identifier, “cookie” information, the type of browser and/or device you’re using to access the Service, and the page or feature Customer requested. IP Address and device identifiers are traditionally classified as Non-Personal Information, unless NEXSTREAM is required to NEXSTREAM Communications Privacy Policy do so otherwise under applicable law. “Cookies” and “web beacons” are text file identifiers NEXSTREAM transfers to Customer’s browser or device that allow NEXSTREAM to recognize Customer’s browser or device and tell NEXSTREAM how and when pages and features on the NEXSTREAM website are visited, by how many people, and other activity on the website. Customer can change the preferences on Customer’s browser or device to prevent or limit Customer’s device’s acceptance of cookies, web beacons or other similar technology, but this may prevent Customer from taking advantage of some of the features on the NEXSTREAM website, or accessing certain functions and conveniences. If Customer clicks on a link to a third party website or service, such third party may also transmit cookies to Customer. Again, this Privacy Policy does not cover the use of cookies or other such tracking technology by any third parties, and NEXSTREAM is not responsible for their privacy policies and practices. NEXSTREAM also uses Personal Information and Non-Personal Information to enhance the NEXSTREAM website and NEXSTREAM Service offerings. For example, such information can tell NEXSTREAM how often visitors use a particular feature of the NEXSTREAM website and which products and services are most interesting to current and potential customers, and NEXSTREAM can use that knowledge to make the website useful and interesting to as many users as possible and to enhance and refine NEXSTREAM’s Service offerings. NEXSTREAM will continue to conduct analytics on NEXSTREAM website performance; Customer may not opt-out of this use of cookies or other Personal Information or Non-Personal Information. Technology is improving every day and to improve NEXSTREAM’s Services’ operation and function NEXSTREAM may introduce new technologies and monitoring techniques without advance notice.
Network Information—We use Network Information to monitor and enhance the performance of the NEXSTREAM network. NEXSTREAM will not monitor the content of the websites viewed or email communications as part of NEXSTREAM’s standard network management. Generally, NEXSTREAM will only monitor and preserve the following Network Information:
● When Customer is using the Service;
● How Customer is using the Service, such as monitoring traffic patterns regarding websites
visited, amount of data being sent or received, or other activity;
● The amount of data Customer is transmitting and receiving through the Service; and
● General information regarding the performance of the Provider Equipment installed on Customer’s property or at Customer’s premises, and its interaction with the rest of NEXSTREAM’s network.
How is Personal Information used for marketing and advertising purposes?
NEXSTREAM will use Personal Information to send Customer marketing and advertising messages related to NEXSTREAM’s Service and website using Customer’s email address, postal address, or telephone number (for voice, texts, and pre-recorded calls). NEXSTREAM may deliver a marketing or advertising message based on Customer visits to NEXSTREAM website, which will be general advertising or “Contextual Advertising,” which is advertising based on the subject matter or the content of the specific website page or subject matter. NEXSTREAM may also send Customer “First Party Advertising,” which is advertising that is customized or personalized based on a history of Customer’s use of our 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 NEXSTREAM collects from Customer – not from Customer’s visits to other websites across the Internet.
Customer 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 Customer is viewing. And Customer may continue to receive general advertising if Customer opts-out of First Party Advertising, it will not be customized or personalized for Customer. NEXSTREAM does not provide third party “Network Advertising,” which is advertising based on Customer’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 NEXSTREAM does not provide network ads, NEXSTREAM does not recognize the “Do Not Track” settings on various Internet browsers. NEXSTREAM does not engage or allow third parties to track you across the Internet and across time for advertising purposes.
Links to other websites and online services—The NEXSTREAM website and/or 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 NEXSTREAM and our Affiliates. The presence of a link does not constitute or imply NEXSTREAM’s endorsement, recommendation, or sponsorship of the content, goods, services, business or privacy practices on such websites or online services. NEXSTREAM encourages Customers to be aware and informed when Customers leave NEXSTREAM’s website and NEXSTREAM’s Facebook Pages, or any other social networking platforms.
Will NEXSTREAM share Customer Personal Information?
Customer’s Personal Information will only be disclosed to third parties (including NEXSTREAM’s Affiliates) as listed in this Privacy Policy, if NEXSTREAM has received your prior consent. NEXSTREAM reserves the right to fully use, disclose and process any Non-Personal Information collected from Customer in any manner as well as any information Customer makes public via NEXSTREAM Services or website. NEXSTREAM will not rent, sell or disclose Personal Information to anyone not related to NEXSTREAM for marketing or promotional purposes, unless in connection with a potential or actual sale, merger or a corporate restructuring by or of NEXSTREAM. (See “For Business Transfers” below for more information.) NEXSTREAM will share Customer Personal Information with its Affiliates and with other third parties as described in this section for the following reasons:
● To Our Affiliates. NEXSTREAM relies on various Affiliates in order to provide the Service to Customers. These are companies that are related to NEXSTREAM by common ownership or control. NEXSTREAM may share Personal Information and Non-Personal Information with any of its Affiliates for business, operational, promotional and/or marketing and advertising purposes.
● To Operational Service Providers: NEXSTREAM and its Affiliates contract with other companies and people to perform tasks or services on NEXSTREAM’s behalf and need to share Customer Personal Information to provide products or services to Customers. For example, NEXSTREAM may use a payment processing company to receive and process Customer’s ACH or credit card transactions for NEXSTREAM, or NEXSTREAM may contract with third parties to assist NEXSTREAM in optimizing NEXSTREAM’s network. Unless NEXSTREAM tells Customer differently, NEXSTREAM does not grant its Operational Service Providers any right to use the Personal Information NEXSTREAM shares with them beyond what is necessary to assist NEXSTREAM.
● For Business Transfers/Restructuring: NEXSTREAM may choose to buy or sell assets, or NEXSTREAM may sell assets or be sold. In these types of transactions, customer Personal Information is typically one of the business assets that would be disclosed and transferred. Also, if NEXSTREAM (or NEXSTREAM’s assets) are acquired, or NEXSTREAM goes out of business, enter bankruptcy, or go 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 NEXSTREAM, and Our Affiliates, Employees, Operational Service Providers, Users and Subscribers and Public Safety: NEXSTREAM reserves the right to access, read, preserve, and disclose any Personal Information NEXSTREAM has access to if NEXSTREAM believes doing so will implement and/or enforce the Terms and Conditions of Service, Acceptable Use Policy, Privacy Policy or any legal document; protect our Network(s), website(s), and company assets; protect the interests, rights, property, and/or safety of NEXSTREAM or Our Affiliates, employees and officers/directors, Operational Service Providers, Users and Subscribers, agents, third party licensors or suppliers, or the general public.
● When Required by Law or in Response to Legal Process: NEXSTREAM reserves the right to access, read, preserve, and disclose any Personal Information to which NEXSTREAM has access if NEXSTREAM is required by law or legal process to do so, or if NEXSTREAM has a good faith belief that NEXSTREAM is required by law or legal process to do so.
Is Customer Personal Information secure?
NEXSTREAM endeavors to protect the privacy of Customer’s account and other Personal Information NEXSTREAM holds in its records using reasonable administrative, technical and physical security measures. However, NEXSTREAM 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. Customer’s account is protected by a password for Customer privacy and security. It is Customer’s responsibility to prevent unauthorized access to Customer’s account and Personal Information by selecting and protecting Customer password and/or other sign-on mechanism appropriately and limiting access to Customer computer, tablet or device and browser by signing off after Customer has finished accessing Customer’s account. Customer is required to notify us immediately if Customer’s password or account has been disclosed to a person whose name does not appear on Customer’s account, even if you have allowed such disclosure. Customer understands, acknowledges and agrees that Customer is solely responsible for any use of NEXSTREAM Services via Customer’s username and password.
Additionally, if Customer contacts NEXSTREAM, NEXSTREAM will ask Customer for verification of Customer’s identification and account. NEXSTREAM will not send an email or text, nor should Customer 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 Customer receives an email or text requesting any such information from NEXSTREAM or someone that claims they are with NEXSTREAM or Our Affiliates please contact our Privacy Administrator immediately at legal@NEXSTREAM.net.
For NEXSTREAM’s IT Support Services as detailed in our Terms and Conditions of Service, the code that allows NEXSTREAM to access Customer’s computer desktop to help your resolve technical problems is limited only for that specific session. NEXSTREAM is not able to access Customer’s Computer without Customer’s knowledge, affirmative consent and involvement.
What Personal Information can Customers access, modify and/or delete?
Generally, Customer may access the following Personal Information in Customer’s account:
● Full Name
● Username
● Email address
● Telephone number
● Billing and Service address
● Account and billing information
By contacting NEXSTREAM at legal@NEXSTREAM.net, or through any online access portal NEXSTREAM may create to enable Customers to view and modify Customer account settings, Customer may access, and, in some cases, edit or delete the Personal Information listed above. For example, NEXSTREAM may retain historic email, billing and/or Service addresses for security and verification purposes. Customer may not delete such information.
When Customer updates Personal Information, however, NEXSTREAM may maintain a copy of the unrevised information in NEXSTREAM’s records for internal security reasons and recordkeeping. Some information may remain in NEXSTREAM’s records after it is modified, amended or deleted by Customer or NEXSTREAM. NEXSTREAM may use any aggregated data derived from or incorporating Customer’s Personal Information after Customer updates or deletes it, but not in a manner that would identify Customer personally. NEXSTREAM may also maintain Personal Information regarding Customer and Customer’s use of the Service after Customer is no longer a NEXSTREAM customer as required by NEXSTREAM’s business practices, by law, and/or tax reporting purposes.
The information Customer can view, update, and delete may also change. If Customer has any questions about viewing or updating information NEXSTREAM has on file about Customer, please contact NEXSTREAM at legal@NEXSTREAM.com.
What third party disclosure choices do Customers have?
Customer can always choose not to disclose Personal Information to NEXSTREAM; however, certain Personal Information is necessary for NEXSTREAM to provide the Service to Customer. Customer may opt out of sharing Personal Information with Our Affiliates only for marketing or advertising purposes, but not for business or operational purposes.
Customer may opt out of email marketing and advertising from NEXSTREAM or its Affiliates using the “Unsubscribe” mechanism in each email. Before NEXSTREAM sends Customer a text for any reason, or sends Customer a pre-recorded call that contains advertising or marketing information, NEXSTREAM will secure Customer’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 Customer’s prior express consent in writing, unless they are sent to a wireless device. Customer understands, acknowledges and agrees that such texts and pre-recorded telemarketing calls may be sent using an auto-dialer and are not conditioned on your purchase of the Service. Customer may opt out of receiving text messages any time by replying “STOP” or “UNSUBSCRIBE” to the text message.
Customer may opt out of receiving pre-recorded calls by the opt-out instructions in the call. However, Customer will continue to receive calls related to debt-collection and Customer’s current Service. Customer 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.
Customer may not opt out of NEXSTREAM’s use of cookies or other similar technology, or use of Customer’s Personal Information and Non-Personal Information for NEXSTREAM’s internal analytics used to monitor activity on NEXSTREAM’s website, measure NEXSTREAM Service performance, or to operate and protect the NEXSTREAM network.
Will this Privacy Policy ever change?
Yes, NEXSTREAM is constantly working to improve the Service, so NEXSTREAM will need to update this Privacy Policy from time to time as NEXSTREAM’s business practices change and service offerings increase, and/or there are changes in local, state or federal laws. Additionally, NEXSTREAM will also make stylistic, organizational and/or grammatical changes to present NEXSTREAM privacy practices in a user-friendly easy-to-read manner. NEXSTREAM will alert Customers to any such changes by placing a notice on https://NEXSTREAM.com/legal with the effective date of the revised Privacy Policy, and/or by sending Customers an email, or by some other means to the extent required by law. Please note that if Customers have not provided NEXSTREAM with Customer’s email address or Customer has not updated Customer contact information, those legal notices will still govern Customer use of the Service, and Customer is still responsible for reading and understanding all notices posted on NEXSTREAM’s website.
Customer’s continued use of the Service or website after notice of any changes have been provided will indicate Customer’s acceptance of such changes, except where further steps are required by applicable law.
Use of Customer’s Personal Information is primarily governed by the Privacy Policy in effect at the time Customer subscribed to the Service or visited the NEXSTREAM website. If NEXSTREAM elects to use or to disclose Personal Information that identifies NEXSTREAM as an individual in a manner that is materially different than that stated in the Privacy Policy in effect at the time you subscribed to the Service or visited the NEXSTREAM website, NEXSTREAM will provide Customer 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 NEXSTREAM’s privacy practices and policies, please contact NEXSTREAM at legal@NEXSTREAM.net.
