Astound Broadband and Astound Mobile1 (collectively, “Astound,” “we,” or “us”) understand how important personal privacy is to you. This statement discloses Astound’s privacy practices, including an explanation of the personal information we collect from our customers, how that information is used, with whom the information may be shared, and how our customers can exercise their rights under applicable privacy laws. It applies to all Astound-affiliated digital properties to which it is posted, as well as all Astound services.
TYPES OF PERSONAL INFORMATION WE COLLECT FROM YOU
Personal information includes “personally identifiable” information which can be used to identify or contact a particular individual, such as a name and address or telephone number. Personal information also includes other data that reasonably can be related or linked to a particular individual or a household, including through an IP address, such as the combination of the individual’s name with the fact that he or she purchased a specific product online, so that someone else with access to the combined information could learn that the named person bought the particular item. Information that does not reasonably permit an individual to be identified and that does not permit information about his or her activities or history to be linked to him or her is not “personal information.” Personal information also does not include publicly available information.
In order to provide our services to you and for other reasonable business purposes, we keep business records that contain personal information. In particular, we collect and maintain the following categories of information about you to the extent permitted by law, including within the last 12 months:
Identifiers such as your name, user names, home and work e-mail and postal addresses, Astound account number, Internet Protocol (“IP”) addresses, Media Access Control (“MAC”) addresses, telephone numbers, social security number, driver’s license number;
Billing and financial information such as credit or debit card numbers and expiration dates, bank account information, payment history, information relating to security deposits, and credit check information;
Characteristics of protected classifications under state or federal law, such as your age or gender, as may be reflected in or revealed by the information in our records;
Commercial information such as information on the number, location within your home and configuration of television sets, converters, cable modems, personal computers, telephones, or other service-related equipment or devices in your home;
Additional commercial information such as your order and purchase history, usage, text messages, data use history, the services and service options you select, content interaction through the Internet or applications, mobile application installed and used, WiFi and other carrier connections and use and other network analytics (including signal strength, speeds, app and service performance, dropped calls, call and data failures, geolocation information, battery strength, and device information) and, in the case of any service where you have a choice of whether or not to use a particular feature, program or offering, the information transmitted through our cable facilities or that you otherwise communicate to us in order to make a choice;
A record of whether you rent or own your home so that we can obtain any permission required prior to installing our cable or equipment;
Maintenance and repair records for the equipment in your home used for the services;
Subscriber correspondence or information about your satisfaction or usage of a service that we obtain from subscriber interviews or questionnaires or other feedback from you, including customer service complaints;
Audio sensory data, such as your voice, if you call us and are informed that your call may be recorded;
Geolocation data, for example, to provide access to local programming, to administer our web services, and to provide mobile services and Internet connection and use through mobile services except in some cases where you have turned off your location services;
Internet or other electronic network activity information when you use our website or Internet services, including browsing history and search history information;
A record of any violations and alleged violations of the agreements, terms, conditions, or policies that govern your use of our Services;
Professional or employment-related information such as a job application or resume when you apply for a job with us;
Email messages or other electronic communications sent or received using Astound Internet access service or telephone service (including Voice over Internet Protocol (“VoIP”) telephone service and mobile services); and
Other information that we may request from you and that you voluntarily provide in order for us to render a service to you or conduct our business of providing that service.
We may also combine personal information that we obtain from you in the course of our business of providing a service to you with information that we obtain from third parties and public sources and collect inferences from such combined data for the purpose of creating a database to use in marketing and market research activities.
HOW WE COLLECT INFORMATION FROM YOU
Information That You Provide to Us
We collect personal information that you provide directly to us, or to service providers working on our behalf, such as by filling out a form, submitting a request or query, sending us an email, responding to a survey, purchasing products or services, or otherwise affirmatively interacting with us or our Services.
Information We Obtain from Sales, Initiating Service, and Providing Customer Service to You
Personal information is collected by us or by service providers on our behalf in the course of checking customers’ credit and eligibility for service, promotions, or programs, initiating and provisioning service, maintaining service, billing for service, providing customer service, marketing new and additional services to customers, and customer retention efforts. Astound may monitor and/or record telephone calls placed to an Astound customer service and support center for quality assurance and training purposes.
Information We Obtain Automatically
Telephone account information called Customer Proprietary Network Information (“CPNI”) in connection with telephone and mobile services, including hosted voice services, that you purchase from us, including quantity, technical configuration, type, call history, usage, and billing information related to the telephone and/or mobile services;
If you use the Astound Internet access service, an interactive television service or a telephone service (including VoIP service), or mobile service, we provide, then as a necessary incident of providing that service, our network systems automatically log certain network information, such as Internet Protocol and URL information, equipment identifiers, and application usage and type. As is common practice in our industry, Astound may use web caching software on its network to ensure optimum performance for our customers. Such logs generally are maintained on Astound’s secured servers and/or the secured servers of authorized third parties as long as is necessary to fulfill a legitimate business or law enforcement need.
Astound technical support also may remotely query your cable modem and, if you request during a contact with our customer service department, your computer or device (if applicable), for information to remotely troubleshoot and to assist in diagnosing a problem that might affect the computer attached via cable modem to the Astound network.
HOW WE USE PERSONAL INFORMATION
We use the personal information we have about you for the following business purposes or other compatible purposes as necessary to render our Services and to operate our business to the extent permitted by applicable law:
To establish, manage, customize, and secure your account with us and to install, deliver, and maintain the Services we provide to you;
If applicable, to establish eligibility to participate in programs support by federal universal service funds and other government-supported programs;
To verify your credit and eligibility for particular services, promotions, or programs and to make sure you are being billed properly and pay for the services you receive including processing payments;
To send you pertinent announcements about the Services you receive from us;
To verify, maintain, improve, or upgrade the quality of Astound’s services and systems, including debugging to identify and repair errors that impair existing intended functionality and undertaking internal research for technological development and demonstration;
To help us improve our website and tailor it to your needs, including remembering certain website choices you’ve made so you don’t have to re-enter them;
To enforce Astound’s stated policies and agreements with you;
To provide customer service and support, including answering questions from subscribers and troubleshooting;
To send or deliver promotional and advertising material or information to you about products and services available from Astound or others, including personalized content or targeted offers and ads through third-party sites, subject to applicable law and any “opt-out” choice you make as described in this Policy;
To audit our interactions with you and conduct market research and surveys or to gather other analytics about our business;
For network management and to detect or respond to security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, including viruses, worms, and excessive spam and the unauthorized reception of cable communications, and prosecute those responsible for that activity;
To provide information to our service providers who may need access to your personal information, but only where these service providers are contractually required to keep your information confidential;
To cooperate with law enforcement and protect the rights, interests, safety, or protect Astound’s rights or property;
To comply with, defend, pursue, and enforce applicable legal and regulatory obligations and respond to governmental requests;
To enforce our policies, terms and conditions, or other agreements;
For tax, accounting, legal, and regulatory purposes, including to audit our compliance with laws and standards applicable to our business; and
As otherwise may be described to you when collecting your information.
Except for communications you send to us directly, Astound does not actively monitor the content of any online communication (electronic mail (e-mail), chat conversations, instant messages, mobile communications, or web postings) except as permitted by applicable law, and may use an automated system to randomly audit such transmittals to protect our network from viruses, worms, and excessive spam. In most cases, network traffic monitoring is restricted to viewing source/destination addresses, and the content of the transaction is not viewed. Astound will view the content of online communications only when it is necessary to protect the security of Astound’s network or ensure system reliability. For example, if our automated system detects unusual levels of activity to or from your computer, Astound personnel may view the content of those transmissions to determine if the network traffic is the result of a virus, worm, excessive spam, or violation of our Internet Access Agreement. Astound has the right, but not the obligation, to monitor or disclose the contents of private communications sent or received via its Services, if Astound, in its sole discretion, reasonably believes that such action is necessary: (i) to comply with applicable law or valid legal process; (ii) to protect Astound’s rights or property; or (iii) in emergencies when a person’s physical safety is at issue. In addition, Astound reserves the right to disclose the identity of a subscriber to third parties in response to a valid legal subpoena and to otherwise cooperate with legitimate law enforcement inquiries and lawful civil proceedings.
Digital cable television service is delivered with an Interactive Programming Guide operated by and licensed from Xperi (“Xperi”). Xperi provides Astound the capability to collect non-personally identifiable information and aggregated data about viewing patterns through the use of its Interactive Programming Guide.
Mobile service is a resold service provided by third-party networks and providers, including networks owned and operated by one or more licensed commercial mobile radio service providers. These third-parties collect non-personally identifiable information and aggregated data regarding Astound customer’s use of mobile services.
DISCLOSURE OF YOUR PERSONAL INFORMATION
Astound discloses your personal information as necessary to achieve the business purposes identified above to the extent permitted by applicable law. Astound also may disclose personal information (including information logged by the Astound network and/or the contents of private communication over the Internet) if, in its sole discretion, it reasonably believes that such action is necessary to comply with the law or legal process or to protect an individual’s rights, physical safety or property. Such disclosures are made to the following categories of persons or entities, including within the preceding 12 months:
Persons or entities that control, are controlled by, or have common operations and/or control with Astound (“Affiliates”);
Billing services, collection agencies and credit agencies;
The account holder (the party financially responsible for the account). The primary account holder may also authorize other users to access account information. If a business, governmental agency, or other individual obtains services for you, that entity or individual is our customer, and we may provide personal data about you or your use of our products and services to them or, if they tell us to, others.
Service providers used to validate your identity, credit or eligibility for certain services, promotions, or programs;
Installation, repair and other contractors and subcontractors, or suppliers of goods or services we offer or use in providing a service to you;
Sales representatives and service providers used to market our services or conduct market research including consumer satisfaction surveys;
Accountants, lawyers, consultants and other professionals or authorized representatives that we or our affiliated companies use in our businesses;
Regulators or other entities required by law or regulation, for example, E911 and emergency service call centers and providers and franchising authorities;
Law enforcement authorities or other entities as required by law, court order, subpoena, or other government order or legal process; and
Cable programming or content suppliers and program guide distributors.
Caller ID providers: We may disclose your mobile number and name with third parties to enable Caller ID and similar services across multiple carriers when you make a call. You can ask us to exclude your name from Caller ID by calling customer service.
Information disclosed for purposes relating to billing and levels of service usage is generally provided on a monthly basis. Information for other purposes is provided as it is needed, or otherwise required.
If Astound or its Affiliates directly or indirectly transfer ownership of or an interest in all or part of the business of providing a Service to you, we may disclose or transfer your personal information, including but not limited to your subscriber records, to the purchaser or other party to the extent necessary to complete the transaction or permit the purchaser or other party to continue to provide you with service and run the business after the transaction is completed. This kind of transaction could take the form of a merger, sale of stock or assets, formation of a joint venture, investment or some other structure.
Astound does not share any personal information gathered through our SMS program with any third party for such third party’s own marketing purposes. For additional information please see https://www.astound.com/policies-disclaimers/text-messaging-terms-conditions/.
Astound does not (and does not intend in the future) to sell your personal information, and has not done so within the preceding 12 months since the publication of this Policy.
RIGHTS YOU HAVE AS A CONSUMER
Telephone Customer Privacy
The Communications Act gives you a right to confidentiality of your CPNI, and requires us to protect the privacy of that information. Astound, or its agents and affiliates, may use, disclose, or permit access to your CPNI without notifying you, to provide, install, and repair the services you have ordered, for billing and collection, for emergency services, and for protection of our network and our subscribers against fraud, abuse, and unlawful use. Astound also may be compelled to disclose CPNI or other personal information in compliance with government taxing or regulatory authorities or pursuant to law enforcement directives or court order.
From time to time we may have the opportunity to offer you related products and services that will better meet your needs by using information about the telephone services you have already purchased from Astound. Use of your CPNI for this purpose may enhance our ability to make you aware of new or alternate products and services that are tailored to your needs. We may also share CPNI, without your prior consent, with Astound’s affiliates and agents for administrative and marketing purposes, but only for communications-related services. Astound, and its agents or affiliates, are permitted to use CPNI to market new communications services to which you do not currently subscribe, but only after providing you with written or electronic notice and the opportunity to “opt-out” of such use. Under these circumstances, it is assumed that if you do not affirmatively instruct Astound not to use or disclose CPNI for such use, you have consented to the use of your CPNI for these purposes. Astound is required to provide you with this “opt-out” notice biennially, and will wait 30 days after providing such notice before assuming you have approved the use or disclosure of CPNI. Your decision to restrict our use of your CPNI is free of charge and will not affect the service you receive from Astound. If you wish to “opt-out” of Astound’s use of your CPNI for marketing purposes, please notify Astound, in writing, at 650 College Road East, Suite 3100, Princeton, NJ 08540, or e-mail to firstname.lastname@example.org, or call us at 1 (800) 4-ASTOUND (1 (800) 427-8686). You may contact us at any time in the future to restrict the use of your CPNI. If you elect not to restrict the use of your CPNI, Astound may use it for any of the purposes described above.
Except as otherwise indicated herein, and as required under applicable law, Astound will provide you with prior written, electronic, or oral notice and obtain your affirmative consent before sharing your CPNI with joint venture partners and independent contractors for marketing purposes.
You may receive marketing information from Astound even if you restrict Astound’s use of your CPNI. These materials are developed without use of CPNI.
In the event that there is an unauthorized disclosure of your CPNI, Astound is required to notify law enforcement of the breach of your CPNI. Under federal law, Astound is required to wait at least seven (7) business days after notifying law enforcement officials before it can notify you of such a breach. Relevant investigating agencies may direct Astound to wait even longer prior to providing you with notice of the breach of CPNI.
Unless you have requested an unlisted or unpublished number, Astound may release your name, address, and telephone number for listing in directories or for directory assistance services, including to unaffiliated third parties.
Cable Customer Privacy
The Cable Communications Policy Act of 1984 (the “Cable Act”) contains restrictions on the collection, disclosure, and retention by cable operators of personally identifiable information about subscribers to cable television or certain other services. This section describes these restrictions and summarizes certain rights available to you under the Cable Act.
Under the Cable Act, we may collect and disclose personal information about you with your prior written or electronic consent. We also may disclose from time to time, without such consent, personal information collected through our cable system if necessary to render, or conduct a legitimate business activity related to, a cable service or other service provided to you.
The Cable Act also permits us to disclose lists of our subscribers to third parties from time to time for purposes other than those referred to above. Those lists may contain your name and address, so long as we have given you the opportunity to prohibit or limit such disclosure and we do not also reveal, directly or indirectly, the extent of any viewing or other use of the services we provide to you or the nature of any transaction you make using those services. This permits us, among other things, to disclose your name and address to charities, advertisers, direct mail marketers and telemarketers for use in telephone or mail solicitations, market research or other purposes. Although this policy gives us the option, Astound does not currently share our customers’ personal information with any third-parties to use for their own purposes including marketing their own services. Nevertheless, you have the right to opt-out of being included on such a list. To elect not to be included on any such list, send your request to the local Astound office specified on your bill or click https://connect.astound.com/residential-powered-by-rcnhttps://connect.astound.com/residential-powered-by-grandehttps://connect.astound.com/residential-powered-by-entouchhttps://connect.astound.com/residential-powered-by-wave to complete an opt-out form.
The Cable Act may prohibit disclosure of personal information about you as a cable subscriber to a governmental entity unless the disclosure is required by a court order and the following two special requirements are met:
you have been given the opportunity to appear and contest in court any claims made in support of the court order sought by the governmental authority; and
in the court proceeding, the governmental authority has offered clear and convincing evidence that you are reasonably suspected of engaging in criminal activity and that the information sought would be material evidence in a case against you.
Astound will disclose personal information about you when required by law or legal process, after giving effect to the Cable Act’s requirements.
Under the Cable Act, cable subscribers have the right to inspect our records that contain personally identifiable information about them and to have a reasonable opportunity to correct any errors in such information. If you wish to exercise this right, please notify us at the local Astound office specified on your bill, and we will contact you to arrange a mutually convenient time during our regular business hours. Additional rights are available to California consumers as described in the “Your Rights As A California Resident” section below.
The Cable Act provides you with a cause of action for damages, attorneys’ fees and costs in Federal District Court if we violate the Cable Act’s limitations on the collection, disclosure, and retention of personally identifiable information about you.
Astound does not knowingly collect any personal information from children under the age of 16 and we ask parents or guardians to oversee their children’s use of Astound’s services. If you are under 16, do not use or provide any personal information through our websites or services. Astound will delete any personal information later determined by us to have been collected from an individual under the age of 16. If you believe we might have any information from or about a child under 16, please contact us using the contact information provided below in the “Questions” section.
YOUR RIGHTS AS A CALIFORNIA RESIDENT
If you are a California resident, please review these additional privacy disclosures, which provide a summary of how we collect, use, and disclose personal information about you and explain your rights under California law.
Under the California Consumer Privacy Act of 2018 (“CCPA”), California consumers have the right to request certain information from Astound. In particular, you may request twice within a 12 month period that Astound disclose the categories of personal information collected about you in the 12 months preceding your request, the categories of sources from which the personal information was collected, the business or commercial purposes for which personal information was collected, and the categories of third parties with whom Astound shared your personal information. You may also make a request for the specific pieces of personal information that we have collected about you. If we are able to provide this information electronically, we will do so in a portable format.
Additionally, you have the right to request that Astound delete your personal information from our systems. Astound will take reasonable steps to fulfil your request, however, in certain circumstances we will be unable to delete all of your personal information as Astound is lawfully authorized to retain certain categorizes of your personal information for legitimate business and regulatory purposes. In instances where Astound is not required to delete of your personal information, Astound will notify you of those categories of personal information that we did not delete and will provide an explanation as to why the information could not be deleted.
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may submit any of the requests described in this section by calling us toll-free at 1-833-396-0001 or by completing the online fillable form available at https://www.astound.com/policies-disclaimers/ccpa-request-form/. Please note that Astound must be able to verify your identity in order to comply with your requests under this section. To do so, Astound will seek to associate the information provided by you when making a request with personal information we have collected about you previously. If you request for us to disclose specific pieces of personal information, we will ask you to sign a declaration, to be made under penalty of perjury, stating that you are the consumer that is the subject of your request. This is intended to help us protect the privacy and security of the personal information we maintain. If you are requesting specific pieces of personal information as the authorized agent of a California consumer, we will ask you also to submit reliable proof that you have been authorized in writing by the consumer to act on such consumer’s behalf. Please note that in order to provide you with any CPNI we will need to further authenticate you in accordance with federal law. Making a verifiable consumer request does not require you to create an account with us. If we are unable to appropriately verify your identity, we may ask you to contact us to provide additional information or explain why we are unable to complete your request.
We endeavor to respond to verifiable consumer requests within forty-five (45) days of receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Astound may not and will not discriminate against any California consumer for exercising any of the rights described in this section – including by charging differential pricing. Astound does not and does not intend in the future to sell your personal information.
California Civil Code Section 1798.83, also known as California’s “Shine the Light” law, also allows California residents to request certain information regarding our disclosures in the prior calendar year, if any, of personal information to third parties for their own direct marketing purposes. To make such a request, please contact us at either email@example.com or Legal Dept., Astound Broadband 3700 Monte Villa Pkwy, Bothell, WA 98021, and include your name and the address to which you would like us to respond. We will attempt to provide you with the requested information within thirty (30) days of receipt.
TIME PERIOD DURING WHICH WE RETAIN PERSONAL INFORMATION
The Cable Act requires us to destroy personally identifiable information if the information is no longer necessary for the purpose for which it was collected and there are no pending requests by you for access to it or pending court orders or other legal process requiring that we disclose it to a third party. In most cases, this means that we will have personal information about you for so long as you are a subscriber and continue to retain it thereafter for as long as it may reasonably be required to comply with tax, accounting and any applicable contractual or legal requirements, which could be seven years or more after you stop being a subscriber.
Should you make a request to Astound pursuant to the CCPA, Astound will retain records of all requests and responses for at least 24 months from the latest date of communication between you and Astound related to such a request.
We use commercially reasonable measures to protect against the loss, misuse, and alteration of the personal information (including CPNI) captured or stored on its network, including through the use of appropriate administrative, technical, and physical safeguards such as industry-standard firewalls, encryption, and system access controls. However, as no computer or network-based product is completely secure, Astound cannot guarantee your information is completely risk-free. You use our websites and services and provide us with your personal information at your own risk. Furthermore, you should be aware that any information you include in a message you post to a chat room, newsgroup, or other public posting area generally is available to anyone with Internet access. We are not responsible for circumvention of any privacy settings or security measures contained on our websites.
To better protect all of your account information and allow us to provide you the best quality customer service, you must establish a password and two backup security questions for your account when you establish service. If your account does not have a password and backup security questions, you will be asked to provide them. The password and backup security questions may not be based on readily available biographical information or account information. Readily available biographical information is information drawn from the customer’s life history and may include, for example, social security number, or the last four digits of that number, mother’s maiden name, home address or date of birth. Account information includes things such as the customer’s account number, telephone number associated with the account, or the bill’s amount. Federal law also requires Astound to utilize a password authentication method when communicating with customers online or by telephone regarding their telephone accounts where the customer seeks call detail or other account information.
LINKS TO OTHER WEBSITES
Our websites may provide links to other websites operated by third-parties that are outside our control. Cookies may also be placed on your system by websites that are not operated by Astound. Such third-party websites and activities are not covered by this Privacy Statement. Astound encourages everyone to review the privacy statements of each of the sites that are linked to or accessed from Astound’s websites, so that you will understand how each visited site collects, uses, and distributes information. Astound Business is not liable for any information, content, products, services, software or other materials available on or through an external website or delivered by a third party. The use of external websites including any information or content found on such websites is subject to and governed by the terms and conditions of such websites.
If you have any questions about our policies described in this Policy, please contact your local Astound office at the address and telephone listed on your bill (or, if you have not yet been billed, on the service order you signed to subscribe to the service). You may also contact us at firstname.lastname@example.org or 650 College Road East, Suite 3100, Princeton, NJ 08540.
1 Services are provided using the trade names of “Astound Broadband” and “Astound Mobile” through the operating entities of Radiate HoldCo, LLC.
Not all services, speeds, packages, equipment, channels, tiers, pricing, streaming services, product offerings and product features are available in all areas. Offers valid only for new residential customers or previous customers with account in good standing who have not had our service within the last 60 days. All names, logos, images and service marks are property of their respective owners. Other restrictions may apply.