Privacy Policy
Privacy Policy and Your California Privacy Rights
Updated/Effective: July 22, 2020
This is the official Privacy Policy of EV Holdings 1 LLC D/B/A Performance Computing/PC Internet, Internet Xpress (“Performance Computing/PC Internet” “we,” “our,” or “us”). We understand that residential and commercial subscribers, visitors and users (collectively, “Subscribers,” “you,” or “your”) care about how your personally identifiable information (“Personal Information”), as defined below, is collected, used and shared. (We may use the term users separately from Subscribers, where appropriate.) Your privacy is important to us. Our Privacy Policy explains how we collect, use, disclose, and dispose of your Personal Information through the Performance Computing/PC Internet website (the “Site”) and any of our services, including broadband Internet access services, voice over IP services, and other related services purchased by you (collectively, the “Services”). This Privacy Policy together with the Performance Computing/PC Internet Terms of Service Contract, Acceptable Use Policy and the Open Internet Policy (collectively, “Service Agreements”) govern your use of the Site and Services and our collection, use, disclosure, and disposal of your Personal Information. Any capitalized terms not defined in this Privacy Policy will have the same meaning as defined in our Service Agreements.
By using or accessing our Site and Services in any manner, Subscriber acknowledges that Subscriber accepts the practices and policies outlined in this Privacy Policy. If you disagree with the way we collect, use, disclose, and dispose of Personal Information, do not use the Site or any of the Services.
Your California Privacy Rights
Generally, California residents are entitled by law to ask Performance Computing/PC Internet for a notice identifying the categories of Personal Information that Performance Computing/PC Internet shared with its Affiliates and/or other third parties for their marketing purposes the preceding year, and provide contact information for such Affiliates and/or third parties unless Performance Computing/PC Internet meets certain exceptions in the law. This Privacy Policy and Site meet those exceptions. Therefore, if Subscriber resides in California and Subscriber has an established business relationship with Performance Computing/PC Internet, Subscriber may request information about Performance Computing/PC Internet’s opt-out and opt-in policies of sharing Subscriber Personal Information with other companies (including our Affiliates) for their marketing purposes. Please send Subscriber’s written request via email or postal mail following the instructions below. Performance Computing/PC Internet will not accept requests via the telephone or facsimile or respond to requests that are not labeled or sent properly, or do not have complete information.
- For all requests, include Subscriber’s full name, street address, city, state and zip code.
- In an email request, Subscriber must state “Re: Your California Privacy Rights” in the subject line and send Subscriber email to [email protected].
- In a postal request, Subscriber must send a letter or postcard to:
- We will collect Personal Information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
- We will collect and use Personal Information solely for fulfilling those purposes specified by us and for other ancillary purposes, unless we obtain the consent of the individual concerned or as required by law.
- Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
- We will protect Personal Information by using reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
- We will make readily available to Subscribers information about our policies and practices relating to the management of Personal Information.
- We will only retain Personal Information for as long as necessary for the fulfillment of those purposes.
- When Subscriber is using the Services;
- How Subscriber is using the Services, such as monitoring traffic patterns regarding websites visited, amount of data being sent or received, or other activity;
- The amount of data Subscriber is transmitting and receiving through the Services; and
- General information regarding the performance of our equipment installed on Subscriber’s property or at Subscriber’s premises, and its interaction with the rest of the Performance Computing/PC Internet Network.
- In response to an inquiry from Subscriber or another Authorized Subscriber on Subscriber’s account regarding Subscriber or their use of the Services or problems Subscriber or they are experiencing using the Services;
- If Performance Computing/PC Internet has reason to believe Subscriber is using the Services in violation of Subscriber’s Service Agreement or any applicable statutes, rules, ordinances or regulations;
- If Performance Computing/PC Internet has reason to believe Subscriber use of the Service is negatively affecting other Subscribers; or
- When Performance Computing/PC Internet is required by law or legal process to do so, or when Performance Computing/PC Internet has a good faith belief that Performance Computing/PC Internet is required by law or legal process to do so.
- To Our Affiliates: Performance Computing/PC Internet relies on various Affiliates in order to provide the Services to Subscribers. Performance Computing/PC Internet may share Personal Information and Non-Personal Information with any of its Affiliates for business, operational, promotional and/or Performance Computing/PC Internet’s own marketing and advertising purposes.
- To Operational Service Providers: Performance Computing/PC Internet and its Affiliates contract with other companies and people to perform tasks or services on Performance Computing/PC Internet’s behalf and need to share Subscriber Personal Information to provide products or services to Subscribers. For example, Performance Computing/PC Internet may use an independent payment processing company to receive and process Subscriber’s ACH or credit/debit card transactions, or with third parties to assist Performance Computing/PC Internet in optimizing the Performance Computing/PC Internet Network. Unless Performance Computing/PC Internet tells Subscriber differently, Performance Computing/PC Internet does not grant its Operational Service Providers any right to use the Personal Information Performance Computing/PC Internet shares with them beyond what is necessary to assist Performance Computing/PC Internet.
- For Business Transfers/Restructuring: Performance Computing/PC Internet may choose to buy or sell assets, or Performance Computing/PC Internet may sell assets or be sold. In these types of transactions, Subscriber Personal Information is typically one of the business assets that would be disclosed and transferred. Also, if Performance Computing/PC Internet (or Performance Computing/PC Internet’s assets) are acquired, or Performance Computing/PC Internet goes out of business, enters bankruptcy, or goes through some other change of control, including restructuring, reorganization or financing arrangements, Personal Information could be one of the assets disclosed, transferred to or acquired by a third party.
- For Protection of Performance Computing/PC Internet, and Our Affiliates, Employees, Operational Service Providers, Subscribers and Public Safety: Performance Computing/PC Internet reserves the right to access, read, preserve, and disclose any Personal Information to implement and/or enforce the Service Agreements, protect the Performance Computing/PC Internet Network, Site, and other company assets; protect the interests, rights, property, and/or safety of Performance Computing/PC Internet or our Affiliates, employees and officers/directors, Operational Service Providers, Subscribers and Subscribers, agents, representatives, third party licensors or suppliers, or the general public.
- When Required by Law or in Response to Legal Process: Performance Computing/PC Internet reserves the right to access, read, preserve, and disclose any Personal Information to which Performance Computing/PC Internet has access if Performance Computing/PC Internet is required by law or legal process to do so, or if Performance Computing/PC Internet has a good faith belief that Performance Computing/PC Internet is required by law or legal process to do so.
- Full name;
- Subscriber name and password;
- Postal Address;
- Email address;
- Telephone number;
- Billing and Service address; and
- Account and billing information.