Applicable law authorizes South Hadley Electric Light Department (doing business as “Fibersonic”) to use the fiber system to collect personally identifiable information about our subscribers as necessary in order to render Fibersonic services and service features and other services and to detect unauthorized reception or use of Fibersonic services and service features. Applicable law prohibits Fibersonic from using the fiber system to collect personally identifiable information concerning any subscriber for any purposes other than those listed above without the subscriber’s prior written or electronic consent. When you establish an account for Fibersonic services we collect information such as your name, address, telephone number, e-mail address, as well as information used for credit checks, billing, and payment, and other information we may need to establish and service an account. During the initial provisioning of Fibersonic services, and any subsequent changes or updates to that provisioning, Fibersonic collects technical information about your computer hardware and software, fiber modem and/or other fiber service-related devices, and customization settings and preferences. If you rent your residence, we may have a record of whether landlord permission was required prior to installing our fiber facilities as well as your landlord’s name and address. Fibersonic also collects personally identifiable information about you when you communicate with us for support, maintenance, and billing, send us e-mails, respond to our surveys or e- mails, engage in chat sessions with us, register for information, or participate in promotions or contests, for example. In addition, Fibersonic may combine personally identifiable information, which we collect as part of our regular business records, with personally identifiable information obtained from third parties for the purpose of creating an enhanced personal database to use in marketing and other activities related to Fibersonic services and our other services.
Fibersonic considers the personally identifiable information contained in our business records to be confidential. Applicable law authorizes Fibersonic to disclose personally identifiable information concerning any subscriber for the following purposes if the disclosure is:
· necessary to render, or conduct a legitimate business activity related to, Fibersonic services and service features or other services provided to the subscriber;
· required by law or legal process (as described below in this Policy); or
· names and addresses of subscribers for “mailing list” or other marketing purposes
Applicable law prohibits us from disclosing personally identifiable information concerning any subscriber for any purposes other than those listed above without the subscriber’s prior written or electronic consent. The frequency of any information disclosure varies in accordance with our business activities and needs.
Fibersonic may use and disclose personally identifiable information collected on Fibersonic services as provided for by applicable law in order to:
· install, configure, operate, provide, support, and maintain Fibersonic services;
· confirm that you are receiving Fibersonic services requested and are properly billed for it;
· identify you when changes are made to your account;
· make you aware of new products or services that may be of interest to you;
· understand the use of, and identify improvements to, our service;
· detect unauthorized reception, use, or abuse of Fibersonic services;
· determine whether there are violations of any applicable policies and terms of service;
· manage Fibersonic services network;
· configure network interface devices or set top boxes or other service-related devices; and
· comply with law, including without limitation the Public Records Laws.
Fibersonic may also use and disclose personally identifiable information as provided for by applicable law in order to perform, for example:
· billing and invoicing;
· collection of fees and charges;
· service delivery and customization;
· maintenance and operations;
· technical support;
· hardware and software upgrades; and
· fraud prevention.
We disclose personally identifiable information about you to our affiliates or to others who work for us. We also disclose personally identifiable information about you to our employees for Fibersonic internal business purposes, as well as to outside auditors, professional advisors and service providers, potential business transition partners, and regulators. Typically, we make these disclosures when the disclosure is necessary to render, or conduct a legitimate business activity related to Fibersonic services or other services we provide to you. We may be required by law or legal process to disclose certain personally identifiable information about you to lawyers and parties in connection with litigation and to law enforcement personnel. We may also disclose certain personally identifiable information about you to third parties such as, for example, charities, marketing organizations, or other businesses, in connection with disclosures made for “mailing list” or other purposes.
We make reasonable effort to protect subscriber privacy as described in this Policy. Nevertheless, we may be required by law to disclose personally identifiable information about a subscriber without his or her consent and without notice in order to comply with a valid legal process such as a subpoena, court order, or search warrant. We may also use or disclose personally identifiable information about you without your consent to protect our customers, employees, or property, in emergency situations, to enforce our rights in court or elsewhere, or directly with you, and for violations of Fibersonic Terms of Service policy.
TRANSMISSION OF INFORMATION
Fibersonic transmits personally identifiable and non-personally identifiable information about you over Fibersonic services when you send and receive e-mail, video mail, and instant messages, transfer and share files, make files accessible, visit web sites, or otherwise use Fibersonic services and its features. Our transmission of this information is necessary to render Fibersonic services. Fibersonic uses third parties to deliver some features and functions of Fibersonic services, such as support, e-mail, video mail, instant messaging, and web hosting, for example, and those third parties collect or transmit personally identifiable and non-personally identifiable information about you. These third parties are not permitted to use your personally identifiable information except for the purpose of providing their services. We will not read your outgoing or incoming e-mail, video mail, private chat, or instant messages, but we (or our third-party providers) do store e-mail messages and video mail messages on computer systems for a period of time. We could be required to disclose these messages and communications along with other personally identifiable information about you to comply with law or to protect our Service as described in the Legal Disclaimer section of this Policy. We also monitor the performance of our service and your service connection in order to manage, maintain, and improve Fibersonic services and your connection to it. We (or our third-party providers) use tools to help prevent and block “spam” e-mails, viruses, spyware, and other harmful or unwanted communications and programs on Fibersonic services. These tools may automatically scan your e-mails, video mails, instant messages, file attachments, and other files and communications in order to help us protect you and Fibersonic services against these harmful or unwanted communications and programs. However, these tools do not collect or disclose personally identifiable information about you.
INFORMATION PROVIDED TO THIRD PARTIES
Fibersonic services will allow you to access third parties, including without limitation, content providers, on-line services and other providers of goods, services and information. Some of these goods, services and information may be accessible directly from Fibersonic services, and others may be accessible from the third parties referenced above. In connection with this third-party access, you may be requested or required to provide your name, address, telephone number, credit card number and other personally identifiable information to such third parties. Fibersonic is not responsible for any such information provided by you to third parties and you assume all privacy and other risks and losses associated with providing personally identifiable information to third parties via Fibersonic services.
Customer understands and acknowledges that Fibersonic is not liable for any indirect, incidental, special, punitive, or consequential damages; lost profits, loss of data, loss of hardware or software, loss or liability resulting from computer viruses, Service defects, Service interruption or security insufficiency arising out of or related to this Agreement, the performance or breach thereof; the Services provided or failure to be provided; or any delay, non‐delivery, wrong delivery, or Service Interruption whether or not caused by the acts or negligence of Fibersonic or their agents, employees, contractors or any party, even if the party has been advised of the possibility thereof.
Fibersonic reserves the right to change this Acceptable Use policy at any time without prior notice. In the event any changes are made, the revised terms and conditions shall be posted on this website immediately. Please check the latest information posted herein to inform yourself of any changes.
REVISED JANUARY 2019