4ip Technology and Media LLC AND Nexstream
Effective date: July 1, 2018
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.
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.
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.
Will NEXSTREAM share Customer Personal Information?
● 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.
● 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
● 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’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.
If you have any questions or concerns regarding NEXSTREAM’s privacy practices and policies, please contact NEXSTREAM at legal@NEXSTREAM.net.