Privacy Notice

In order to provide you with the best technology services we collect and keep on file certain information about our subscribers. This notice will tell you what information we collect, how we use it, and how you can help us make sure it is correct. In this Privacy Notice, the terms “subscriber” or “you” refer to customers of our services. The terms “Dual Path”, “we”, “our”, or “us” refer to Dual Path, LLC.

Collection of Personally Identifiable Information

We collect certain personally identifiable information from our subscribers in connection with the provision of our services. The types of information that may constitute personally identifiable information include name; home, e-mail and alternate billing addresses; telephone, social security or drivers license numbers; credit or bank account data, services you ask to receive; service connection and device information; service preferences or transactions you initiate through your voluntary interaction with the service; subscriber correspondence, accounting, maintenance and repair records; service complaints, home ownership or rental information; and other information that you provide to us or that we may request to provide our services to you and/or to maintain regular business records. We specifically ask that you provide contact information and by doing so you agree that we or our agent may contact you. We may also have a record of the devices that you use to connect to our services in your home, including the location and configuration of these devices and a list of the equipment we installed in your home. We may also collect additional subscriber information during voluntary interviews or surveys.

We may collect personally identifiable information that you provide to us through our presence on third party websites, such as social networking websites. These third parties may retain the information you provide to us in this manner under their own terms and privacy policies. Dual Path may also collect network technical data and information about aggregate network usage for service offering analysis.

This process generally does not involve the collection of additional subscriber personally identifiable information. To protect the security of our services, we may also operate certain network protection features that automatically scan proper subscriber use of the Dual Path services and that scan certain electronic addresses, identifiers or communications to protect against spam and/or viruses. Other than monitoring bandwidth usage, we do not collect additional personally identifiable information while utilizing these protection features.

Use of Collected Information

Under federal law, we may not use our Internet services to collect personally identifiable information about you without your consent, except to obtain information necessary to provide you with Internet or other services and/or to help us detect unauthorized reception of communications over the network. For example, when you interact with certain Dual Path services, the network may automatically collect certain information on your use of that service. Most of this information is not personally identifiable, and such information is generally used to carry out your particular request. This may include your choice of a designated Internet package. These selections may be linked to your personally identifiable information already stored on our system so we can confirm your entry or transaction and/or confirm proper billing for the selection.

We use the information we collect to make sure you receive the services you subscribe to; to send your bills and credit you for payments; to send you program or service listings, new product or service offerings, special announcements, and other information we think you may want; to provide and enhance our services; to respond promptly to your questions, complaints, and requests for changes in service; for our own tax and accounting purposes; to help anticipate, identify and resolve any service or maintenance problems; to protect the security of our equipment and services; to ensure compliance with applicable laws and compliance with applicable subscriber agreements, policies and terms of service; and to prevent the unauthorized reception of service. We may also collect and use aggregate, nonpersonal, information about our subscribers. This information does not identify individual subscribers. We may combine this aggregate data with our subscriber records. Among other things, aggregate, nonpersonal information is used to help refine our service offerings and tailor marketing messages to particular interests.

Disclosure of Personally Identifiable Information

We may disclose personally identifiable information maintained in our business records if (a) you provide written or electronic consent to the disclosure in advance; (b) it is necessary to provide our services to you or to carry out our business activities; or (c) it is otherwise authorized by federal law. These disclosures generally occur for, but are not limited to, account management, billing and collection services, surveys, marketing, service delivery, administration and customization, service maintenance and operations, and fraud detection and prevention. Persons that have authorized access to your personally identifiable information include, but are not limited to, system employees; sales and service agents; other businesses that work with us in bringing you our services, including program and program guide providers; accountants, outside auditors, billing, collection and legal services; repair and subscriber assistance providers; marketers of our products and services; merchants or other third parties from whom you make purchases or other requests; purchasing entities if we sell or transfer ownership; authorized representatives of government; and entities affiliated with us through common ownership or control. Any information that you provide to us through our presence on third-party websites, such as social networking websites, may be accessible to those sites and the public. Dual Path may use a third party vendor to receive and manage the information that you submit through these websites. The frequency of disclosures to these parties varies according to business or legal purposes or service needs. Disclosures are as often as necessary and may be on a daily basis. Unless you object, we may disclose your name and addresses, including e-mail address, to nonaffiliated entities, such as advertising and marketing entities, charities or other businesses, for other purposes. In such cases we may only furnish your name, home address and/or email address – not the extent of your use of Dual Path’s services or transactions you make over the Dual Path system. You may prohibit or limit these name and address disclosures by sending us a letter with such request at the address in this notice. Consistent with federal law, we may disclose personally identifiable information to representatives of government or other lawfully authorized persons, which may include lawyers or other parties in connection with litigation. We will disclose such information pursuant to a warrant, court order, administrative subpoena, other legal process or voluntarily if we reasonably believe that an emergency involving danger of death or serious injury justifies disclosure of the information to a governmental entity. Under some situations, federal law may allow you the opportunity to appear and contest a governmental entity’s request for a court order to disclose personally identifiable information. Federal law also authorizes us to disclose subscriber content or other communications if we become aware of evidence of child pornography, we inadvertently obtain content or communications and it appears to pertain to the commission of a crime, or disclosure is to a local, state or federal government entity if we believe there is an emergency involving death or serious injury. Disclosure of content and communications (i.e., e-mail account content) is also permitted to an addressee or intended recipient when it is necessarily incident to providing our service or to protect our rights or property, or to others with your consent or the consent of the addressee or intended recipient of such communications. We may also use or disclose personally identifiable information about you to protect our employees, services, property and customers and/or to enforce our rights under our service agreements, terms and policies, in court or elsewhere as may be necessary.

Except as indicated in this notice, we may not disclose personally identifiable information to other third parties, unless we are authorized to do so by court order or federal law otherwise permits. If federal law requires, we will notify you of a disclosure.

Length of Information Retention

We will maintain personally identifiable information about you only so long as it is necessary for the purpose for which it was collected or to comply with laws governing our business. This period of time extends for as long as you remain a subscriber to our services and may continue for up to ten years after termination of service so we may maintain legally required tax and accounting documentation and/or information consistent with our record retention practices. When no longer needed, such information will be destroyed unless there are legitimate pending requests for access to such information.

Right to Review Personally Identifiable Information

You may inspect personally identifiable information we have about you by sending a written request to us at the address listed in this notice (please include your name, address and telephone number). Following your request, we may need a reasonable period of time to arrange, locate and, if necessary, prepare the information for review. In reply, we may arrange an appointment or ask that you to come to our business office during regular business hours to review your personally identifiable information we have on file. When you come, you must bring your driver’s license or some other positive identification. Be sure to tell us if you think personally identifiable information about you in our file is wrong – we will be glad to make appropriate corrections. Depending on the nature of the information, however, we may ask you for documents or other proof that the personally identifiable information we have on file is incorrect.

Your Rights Under Federal Law

If you believe that we have collected, used or disclosed personally identifiable information about you in any way that violates these federal limitations on the collection and disclosure of personally identifiable information, you have the right to bring suit in a federal district court.

Changes to Our Privacy Notice

We may modify or update our services from time to time, and if necessary, the provisions of this Privacy Notice. We will provide notice to subscribers of changes to our privacy provisions. If you do not agree with the changes, you have a right to cancel the services you subscribe to. If you continue to use our services following notice of privacy changes, such usage will constitute your acceptance of and consent to the changes.

Children’s Privacy

Dual Path does not knowingly collect personally identifiable information from children under thirteen years of age. If, as a part of future service offerings, we decide to request personally identifiable information from children under thirteen, we will require verifiable parental consent before we collect this information, except in circumstances authorized by law. Dual Path encourages parents and guardians to actively participate in children’s online activities and to take measures to protect the online privacy and security of their children. Dual Path supports the use of technologies that help control the collection and use of personal information from children participating in online activities.