1. Who We Are and What We Do. Delta Fiber has created its website (the "Website" or the "Site") and its Delta Fiber mobile app (the “Mobile App”) to provide an online platform (the “Platform”) (collectively Website, Mobile App and Platform are referred to herein as the “Services”) for providing information and features about the broadband services we offer.
By accessing, browsing, and using the Website or Mobile App, you agree that you have read, understood, and accept this Agreement, as may be amended from time to time. Please read it very carefully and let us know if you have any questions. If you do not agree or consent to any of the terms herein, do not use the Services.
3. Our Services Rely In Part On Information from You. Information you may provide or that we may collect from you while participating in our Services falls into two broad categories: (i) Personally Identifiable Information, and (ii) Anonymous Information. We use the term “Personally Identifiable Information” to mean any information that could reasonably be used to identify you, including without limitation your name, address, e-mail address, birth date, financial information, photograph, telephone number, location, phone or contact book data, inventory of installed apps, screen recordings, data insights based on correlation and analytics of your information collected in the Website or Mobile App, which may be used in aggregated or dis-aggregated formats to obtain trend analytics, or any combination of information that could be used to identify you. “Anonymous Information” is information that does not identify you, and may include without limitation statistical information concerning, for example, your use of our Delta Fiber Services, behavior and technical information about your device(s), system and application software and peripherals, your access to content through our Services, or the pages on our Website or on our Platform that you visit that is gathered periodically to facilitate the provision of software updates, product support, and other Services we provide to you. We may also automatically receive and record information on our server logs from your browser, which could include your IP address, cookie information, browser information, and the page you requested. This information is not deemed by Delta Fiber to constitute Personal Indefinable Information and while Delta Fiber will not use it in a way that associates such information with you, such information may be aggregated and used to improve the Services. Delta Fiber owns this information and may use it in any manner it deems appropriate.
4. Personally Identifiable Information; Our Uses Of This Information.
4.1.1 User Passwords. Delta Fiber Users will have a user name and password, which allows them to gain access to the Delta Fiber Services.
4.1.2 Protecting Your Password. Please keep in mind that we will treat anyone who uses your user name and password as "you." We will provide this user with all of the rights and privileges that we provide to you, and we will hold you responsible for the activities of the person using your password. Therefore, we recommend that you maintain your user name and password in confidence, and that you refrain from disclosing this information to anyone who might "pretend" to be you with respect to the Delta Fiber Services. We also ask that you notify us immediately if you suspect that someone is using your user name and/or password in any inappropriate manner.
4.3 Email Addresses. You may wish to provide us with comments and feedback concerning our Website and Mobile App generally. By communicating with us for these purposes, you may provide us with your email address and other Personally Identifiable Information. In these instances, we may use any information you provide to us for the purposes for which you submit the information.
4.4 Informational Notices and Bulletins. Periodically, we may choose to send news, bulletins, marketing materials, or other information to you, and will use Personally Identifiable Information to send such communications. If we choose to undertake such communications, you will have the ability to opt out of receiving these communications as provided in Section 6.
4.6 Questionnaires and Feedback. Our Delta Fiber Platform, Website, and Mobile App may allow you to participate in questionnaires, which we may post from time to time. We also encourage our users to provide feedback to us about our Delta Fiber Services. You are free to choose whether you participate in these activities. We may ask that, in addition to providing your responses, you also provide Personally Identifiable Information. In these instances, we use any information you provide to us for the purposes for which you submit the information. We will use feedback and questionnaire information for the purposes of monitoring or improving the use and appeal of the Delta Fiber Platform, Website, and Mobile App and for other purposes (with no other obligation to you and, specifically, with no obligation to compensate you for these uses).
5. We Do Not Disclose Personally Identifiable Information to Unaffiliated Third Parties; Limited Exceptions. We will not rent, sell or disclose your Personally Identifiable Information to unaffiliated third parties without your express consent, except in the following limited circumstances:
5.1 Delta Fiber Vendors. We may employ other companies to perform functions on our behalf, such as hosting or maintaining the Delta Fiber Platform, Website, or Mobile App, providing services related to Delta Fiber operations, collecting information, responding to and sending electronic mail, or other functions necessary to our business. We may need to share your Personally Identifiable Information with these companies (collectively, "Vendors"). We will provide Vendors with only that information necessary to perform their functions.
5.2 Agents and Delta Electric Power Association. We may reveal your Personally Identifiable Information to our agents, employees, or contractors of Delta Fiber and our affiliate, Delta Electric Power Association. They may have access to your Personally Identifiable Information for the purpose of performing services on behalf of Delta Fiber. All such agents, employees or contractors who have access to such information are required to keep the information confidential and not use it for any other purpose than to carry out the services they are performing for Delta Fiber or as otherwise required by law.
5.3 Question of Harm. We may reveal your Personally Identifiable Information to attorneys, private investigator organizations or law enforcement agencies if we believe (a) that you are in risk of harm from another, or (b) that you are harming or interfering (or will harm or interfere) with others or violating (either intentionally or unintentionally) our End User Agreement, Service Agreement, or otherwise violating legal rights.
5.4 Legal. Delta Fiber will reveal your Personally Identifiable Information, to the extent we reasonably believe we are required to do so by law. If we receive legal process calling for the disclosure of your Personally Identifiable Information we will attempt to notify you via the email address you supplied within a reasonable amount of time before we respond to the request, unless such notification is not permitted.
6. Changing or Removing Information; Opting Out.
6.1 Discretionary Account Information. To allow appropriate control over Personally Identifiable Information, you can access your account (after supplying your user name and password) to change or update discretionary information that you have previously submitted.
6.2 Opt-Out. If we choose to send to you bulletins, updates, or other unsolicited communications that are marketing-related materials, you have the ability to decline – or “opt-out of” – receiving such communications by sending such a request to email@example.com. Please understand that you will not be allowed to "opt–out" of formal notices concerning operation of our Website or Mobile App, billing notices, and legal and other related notices concerning your relationship with Delta Fiber.
6.3 Deleting Information. Finally, if you request, we will remove your name and all other Personally Identifiable Information from our databases. Please understand, however, that it may be impossible to remove this information completely, due to backups and records of deletions. In addition, please understand that, if you request deletion of your information, you will be unable to utilize associated features of the Delta Fiber Platform, Website, and Mobile App and any associated Delta Fiber Services. You may not remove de-identified, anonymous, or aggregate data from our databases.
7. Anonymous, Aggregate Information. We use Anonymous Information to analyze the effectiveness of our Delta Fiber Platform, Website, and Mobile App, to improve our Services, and for other similar purposes. In addition, from time to time, we may undertake or commission statistical and other summary analyses of the general behavior and characteristics of users participating in our Delta Fiber Services and the characteristics of visitors at our Website, and may share Anonymous Information with third parties. Rest assured, though, that Anonymous Information provided to third parties will not allow anyone to identify you, or determine anything personal about you. We may collect Anonymous Information through features of the software that supports our Delta Fiber Services, through cookies, and through other means some of which are described below.
7.1 IP Addresses; Logs. Delta Fiber may automatically receive and record information in our server logs from your browser, including your IP address (the Internet address of your computer), your computer's name, the type and version of your web browser, referrer addresses and other generally-accepted log information. We may also record page views (hit counts) and other general statistical and tracking information, which will be aggregated with that of other users in order to understand how our Website is being used, and for security and monitoring purposes. None of this data contains personally identifiable information.
7.2 Cookies. A cookie is a small amount of data, which often includes an anonymous unique identifier, which is sent to your browser from a website's computers and stored on your computer's hard drive. Cookies can be used to provide you with a tailored user experience and to make it easier for you to use a website upon a future visit. We may include cookies on our Website and use them to recognize you when you return to our Website. You may set your browser so that it does not accept cookies. Cookies must be enabled on your web browser, however, if you wish to access certain personalized features of our Services.
7.4 Click-Throughs. We may send email messages, which use a “click-through URL” linked to content on our Website. When you click one of these URLs, you pass through our web server before arriving at the destination web page. We track this click-through data to help determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked simply do not click text or graphic links in the email.
7.6 Computer Configuration. In order to determine whether your computer or mobile device is supported by our system, we may collect certain Anonymous Information. This information includes, but may not be limited to, your operating system and browser, as well as the presence of any software that our Website may require to operate with your computer/mobile device or other third party software on your computer/mobile device.
Our security systems are therefore structured to deter and prevent hackers and others from accessing information you provide to us. Please understand, though, that this information should not be construed in any way as giving business, legal, or other advice, or warranting as fail proof, the security of information provided by or submitted to Delta Fiber. Due to the nature of Internet communications and evolving technologies, we cannot provide, and disclaim, assurance that the information you provide us will remain free from loss, misuse, or alteration by third parties who, despite our efforts, obtain unauthorized access.
10. Notice of Security Incident. If we detect, despite the safeguards set out above, an intrusion or other unauthorized access to or use of Personally Identifiable Information (an "Intrusion"), we will (i) notify affected users of the Intrusion if the information at issue is sensitive, in our discretion, (ii) deliver this notice by the means we deem most efficient under the circumstances (such as, for example, first class mail or email); (iii) use contact information for each effected user that is current in our files; and (iv) use commercially reasonable efforts to accomplish these steps and effect this notice in a timely manner. To the extent applicable law requires steps in addition to those specified above, we will under all circumstances comply with applicable law.
11. Participation by Children and Teens; Advisory. Due to federal law (as reflected in the Children's Online Privacy Protection Act), WE DO NOT ALLOW INDIVIDUALS WHO WE KNOW ARE UNDER 13 TO PARTICIPATE IN OUR WEBSITE, MOBILE APP, OR SERVICES. YOU MUST BE AT LEAST 13 YEARS OLD TO USE OUR WEBSITE, MOBILE APP, AND SERVICES. IF YOU ARE BETWEEN 13 AND THE APPLICABLE AGE OF MAJORITY, PLEASE REVIEW THIS AGREEMENT WITH YOUR PARENT OR GUARDIAN. Please understand that we cannot necessarily tell if a user is providing us with his or her true age. If we do learn that a user under the age of 13 has provided information to us, we will destroy that user's information and cancel the user's account.
12. Do Not Track Notice. Certain web browsers allow consumers to enable "do not track" signals through which a consumer can signal to websites and online services whether the consumer approves of the collection of personally identifiable information about its online activities over time and across third-party websites and online services. Delta Fiber does not respond to "do not track" signals.
Implemented September 10, 2020