Owner`s manual

CUSTOMER HANDBOOK
52
Time Warner Cable Residential Services | PRIVACY NOTICE
An online version of this notice is accessible at www.timewarnercable.com/socal/customer.
Time Warner Cable Residential Services | PRIVACY NOTICE
An online version of this notice is accessible at www.timewarnercable.com/socal/customer.
you use the relevant ISP Service, areas of the ISP Service visited and features
of the ISP Service selected or used, and purchases that you have made through
the ISP Service;
--technical information , including information about your computer system, its
software and modem, and your geographical location;
--other subscriber information , including preference and other information you
provide when you use or personalize your use of your ISP Service, information
provided by our Affiliated ISPs’ business partners, information you publish on the
ISP Service, and information from other sources (for example, publicly available
supplementary data).
The information collected by our Affiliated ISPs in connection with your use of
their ISP Services may be used in connection with the provision and maintenance
of the relevant ISP Service and to fulfill transactions that you request, to
personalize or improve your online experience, or as otherwise necessary in the
course of their businesses (for example, in audits, billing matters, or research).
Our Affiliated ISPs may also use this information to provide advertising and other
offers for goods and services to you, subject to the marketing preferences you
may select when using their ISP Services. If you are a subscriber to one or more
of our Affiliated ISPs, you have consented in your Subscription Agreement(s) to
the collection of such information for the uses described above.
2. Disclosure of Personally Identifiable Information
Personally identifiable information that Operator maintains related to its
subscribers will be disclosed by Operator without the prior written or electronic
consent of subscribers only if: (1) it is necessary to render, or conduct a
legitimate business related to, the services that are provided to you; (2) such
disclosure is required by law or legal process as described below; or (3) for
mailing lists as described below.
The types of persons to whom information about you may be disclosed by
Operator in the course of providing cable service to you include the employees
of Operator and its related legal entities, agents, repair and installation
subcontractors, sales representatives, accountants, billing and collection
services and credit reporting agencies, consumer and market research firms,
and authorized representatives of governmental bodies. Also upon reasonable
request, personally identifiable information is disclosed to persons or entities
with an equity interest in legal entities related to Operator when they have a legal
right to inspect our books and records.
In addition, if you are an ISP Service subscriber, information, including personally
identifiable information, may be shared between Operator and your ISP in
providing the ISP Service. The types of persons to whom information about you
may be disclosed in the course of providing an ISP Service to you may include,
in addition to those persons listed above, your ISP and its employees or other
entities who provide content and/or services to the ISP Service or to you via the
ISP Service.
Information for billing purposes is generally provided by Operator on a monthly
basis. Information for other purposes is provided by Operator as it is needed.
Unless you object, the Cable Act and the Statute also permit Cable Operators
to disclose personally identifiable information to others, such as advertisers and
direct mail or telemarketers, for non-cable related purposes. Under the Cable
Act and the Statute, any disclosures for purposes other than as described in the
first three paragraphs of this Section 2 and in Section 3 of this Notice is limited
to the following “mailing list information”: your name, address and the fact that
you are a cable television subscriber. In addition, Operator may add to its mailing
list publicly available information about subscribers that is obtained from third
parties. Mailing list information cannot include the extent of your viewing or use
of a particular service, including the extent of your use of any ISP Service, or
the nature of any transaction you make over the cable system. Operator may
disclose such mailing list information from time to time. If you wish to have us
remove you from our mailing list, please notify us in writing at the main office of
your local Operator.
In addition to any disclosures permitted in the first paragraph of this Section 2,
our Affiliated ISPs may also disclose, pursuant to the consent you granted in
your Subscription Agreement, the personally identifiable information described
in Section 1 in connection with the provision of services to you, in order to fulfill
transactions that you request, to personalize your online experience, to comply
with criminal or civil legal process (including as described in Section 3 of this
Notice), and as otherwise necessary in the ordinary course of their businesses.
For example, our Affiliated ISPs may disclose your personally identifiable
information routinely to their employees, agents and contractors to maintain,
market, provide, and audit your ISP Service; to outside auditors to check their
records; to attorneys and accountants as necessary to render services to such
ISPs; and to merchants from whom you make purchases. The frequency of such
disclosures varies according to business needs. The names and addresses of
subscribers to our Affiliated ISPs may also be disclosed to selected companies
in order to provide you direct mail product and service offers, subject to
the marketing preferences you may select when using your ISP Service. In
disclosing name and address information for such purposes, our Affiliated ISPs
may combine these lists with publicly available information (such as census and
household information), or segment them (i.e., create separate sub-lists) based
on such publicly available information or on other information (such as when the
subscriber began using the ISP service, or the subscriber’s computer type).
3. Disclosure of Information to Government Entities and Other Legal Process
Federal law requires Operator to disclose personally identifiable information to
a governmental entity or other third party pursuant to a court order. If the court
order is sought by a governmental entity, the Cable Act and the Statute require
that you be afforded the opportunity to contest in court any claims made in
support of the court order sought. At such a proceeding, the Cable Act requires
the governmental entity to offer clear and convincing evidence that the subject of
the information is reasonably suspected of engaging in criminal activity and that
the information sought would be material evidence in the case. In addition,
pursuant to an administrative subpoena, state welfare agencies may obtain the
names and addresses of individuals as they appear in the subscriber records
of cable companies with respect to those who owe, or are owed, welfare
support. Such information may be obtained without a court order and does not
require that a subscriber be given notice of and the opportunity to contest the
disclosure.
If you are a subscriber to an ISP Service, ECPA requires your ISP and us to
reveal information to the government in certain additional circumstances. ECPA
addresses both the content of communications on the ISP Service, as well
as subscriber record information. ECPA requires your ISP and us to disclose
to governmental authorities the content of communications in response to
a criminal warrant or court order without any notice to you and without your
consent.
In addition, under ECPA the government may require Operator or your ISP to
disclose subscriber record information (but not the content of communications)
pursuant to a warrant, court order or subpoena without any notice to you and
without your consent.
If you subscribe to an ISP Service, a private party may use a subpoena under
the Copyright Act to obtain information about you to maintain a copyright
infringement suit against the poster of online material, without any notice to you.
Additionally, our Affiliated ISPs may release information about you to comply with
valid legal process such as a subpoena or court order, or as required by law.
In your Subscription Agreement, you have agreed that Operator and our
Affiliated ISPs may also disclose any information in its possession to protect
its rights, property and/or operations, or where circumstances suggest that
individual or public safety is in peril.
4. Time Period That We Retain Personally Identifiable Information
Operator and its Affiliated ISPs maintain personally identifiable information about
subscribers for as long as it is necessary for business purposes. This period of
time lasts as long as you are a subscriber and up to fifteen additional years so
that we and our Affiliated ISPs can comply with tax and accounting requirements.
When information is no longer necessary for these purposes, we destroy the
information unless there is a legitimate outstanding request or order to inspect
the information.
5. Your Online Communications on an ISP Service
In addition to the situations described in Section 3, ECPA provides for other
exceptional circumstances under which Operator and/or your ISP may be
compelled to disclose information about you or your communications, or are
permitted to disclose such information. For example, such information may be
disclosed to law enforcement if it appears to be evidence of child pornography,
or was inadvertently obtained and appears to pertain to a crime. Such disclosure
is also permitted to an addressee or intended recipient (or his or her agent), or
to a person involved in forwarding such information to its destination; when it is
necessarily incident to providing service or to protect our rights or property; to
others with your consent or the consent of an addressee or intended recipient
(or his or her agent) of communications sent by you; or as otherwise provided
for by law. In your Subscription Agreement, you have agreed that Operator and
our Affiliated ISPs may disclose any information in their possession to protect
their rights, property and/or operations, or where circumstances suggest that
individual or public safety is in peril.
6. Access to Records
Under the Cable Act and the Statute, you have the right to inspect the records
of a Cable Operator that contain personally identifiable information about you
and correct any errors in such information. If you wish to inspect these records,
please notify Operator in writing and an appointment at our local business office
will be arranged during our regular business hours.
7. Your Rights Under the Cable Act and the Statute
The Cable Act and the Statute provide you with a cause of action that may
entitle you to damages, attorneys’ fees and costs in court should you believe
that any of the limitations on the collection, disclosure, and retention of
personally identifiable information have been violated by a Cable Operator. Your
Subscription Agreement contains your agreement that, to the extent permitted
by law, any claims that you have under the Cable Act or the Statute will be
decided in arbitration and attorneys’ fees and punitive damages will not be
available.
Privacy Notice I