Policies and Terms of Service

Privacy Policy

Deerfield Valley Communications Union District (“DVFiber”)
Privacy Policy And Your California Privacy Rights

Effective Date: May 31, 2023

Deerfield Valley Communications Union District (“DVFiber,” “us,” “we,” or “our”) values the privacy and security of customer Personal Information. This Privacy Policy describes the types of customer Personal Information collected, used, disclosed, retained, secured and disposed by us.

This Privacy Policy applies to visitors and users of DVFiber’s website https://dvfiber.net (“Site”), and applicants, current and former residential and commercial/business customers of our high speed internet access services and VoIP services (individually, “Service” and collectively, “Services”) residing in the United States. All such visitors, users, applicants, current and former residential and commercial/business customers are collectively, “Customer,” “you,” and “your.” Any capitalized terms used herein shall have the same meaning as defined in the DVFiber Service Agreements.

By using DVFiber’s Site and Services, Customers consent to the data practices described in this Privacy Policy regarding the collection, use, disclosure, and disposal of your Personal Information. DVFiber’s Site and Services are designed and targeted to United States audiences and are governed by and operated in accordance with the laws of the U.S. If Customer is not a U.S. citizen or does not reside in the U.S., Customer voluntarily consents to the collection, transfer, use, disclosure and retention of Customer Personal Information in the U.S. Customer also agrees to waive any claims that may arise under Customer’s own national laws.

Your California Privacy Rights Under the Shine The Light Act

Generally, California residents that have a business relationship with DVFiber are entitled by the “Shine the Light Act” (“Act”) to ask for information identifying the categories of Personal Information that DVFiber shared with our 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 DVFiber meets certain exceptions in the Act. This Privacy Policy and Site meet those exceptions. Importantly, DVFiber does not target or knowingly provide Services to California residents, nor does DVFiber share Customer Personal Information with third parties for their own marketing purposes. If you are a person residing in California and you believe that you have an established business relationship with DVFiber and have questions regarding our policy regarding the Act, you must send your questions via email or postal mail following the instructions below.

DVFiber 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 Customer’s full name, street address, city, state and zip code.
If sent via email request, Customer must state “Re: Your California Privacy Rights” in the subject line and send Customer email to [email protected].
If sent via postal request, Customer must send a letter or post card to:
DVFiber
PO Box 532
Wilmington, VT 05363
Attn: Your California Privacy Rights

1. GENERAL INFORMATION

When Customer uses the Service, the Personal Information Customer voluntarily sends and receives is transmitted over a wireless network, and may be subject to interception by unauthorized third parties. While it is DVFiber’s objective to take reasonable measures to reduce the risk that unauthorized third parties will intercept the information Customer sends and receives through the Service, DVFiber cannot and does not make any guarantee that transmissions over the Internet are 100% secure or error-free.

DVFiber does not knowingly collect, solicit or use Personal Information from anyone under the age of thirteen (13). If Customer is under age 13, please do not attempt to register for the Services or send any Personal Information about yourself to DVFiber. If DVFiber learns that it has collected Personal Information from a child under age 13, DVFiber will delete that information as quickly as possible to the extent technically feasible. If Customer believes that its child under age 13 may have provided DVFiber Personal Information, please contact DVFiber at [email protected].

2. WHAT TYPES OF INFORMATION DO WE COLLECT AND HOW DO WE USE THIS INFORMATION?

Generally, Personal Information is information Customer provides to DVFiber voluntarily or passively through Customer’s use of the Services and/or Site, that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. For the purposes of this Privacy Policy, we also define Personal Information to include such information related to our commercial/business Customers and their end users.

The following are the different ways and reasons we collect Customer Personal Information:

Registration process, billing, and administration: Customer name, email address, phone number (wireless and wireline), billing address and billing information (such as credit card account number or other financial account information), service address, and the nature of any of Customer devices or other property making use of the Service. Personal Information also includes Customer proprietary network information (“CPNI”) which is created by virtue of your relationship with DVFiber when you subscribe to our VoIP services or other telephony services. CPNI includes any information that relates to the telephony services purchased (including specific calls you make and receive), quantity, technical configuration, type, destination, location, and amount of use of our VoIP service, such as call detail, logs, and specifics regarding your VoIP account (such as billing information). Please note that by law, CPNI does not include a customer’s name, postal address, or telephone number. We will also use this same Personal Information for the installation, troubleshooting, maintenance of the Services, and servicing of equipment.

Social Network Platforms:

DVFiber has a presence on the social media platforms Facebook, Twitter, LinkedIn, Front Porch Forum, and Instagram, and Customers voluntarily view, sign up to follow, or otherwise engage with our social media at their own level of interest. Customers on our social media platform(s) are governed by the privacy policy of the specific platform. DVFiber may obtain, transport or merge Personal Information posted publicly on social media platforms, however, we will not share any such Personal Information with any third party, except as otherwise noted in this Privacy Policy. DVFiber is not responsible for Personal Information that is publicly disclosed on social media platforms.

Some forms of information as described below will be classified as Personal Information if required by applicable law or when such information is directly associated with or reasonably linked to a specific person, computer or device, or is combined with other forms of Personal Information.

Website Information, Use of Cookies and other Similar Tracking Technology:

When you visit DVFiber’s Site, DVFiber will collect information on DVFiber’s server logs from Customer’s browser or device, which may include Customer IP address, unique device identifier, “cookie” information, the type of browser and/or device you’re using to access the Service, and the page or feature Customer requested. “Cookies” and “web beacons” are text file identifiers DVFiber transfers to Customer’s browser or device that allow DVFiber to recognize Customer’s browser or device and tell DVFiber how and when pages and features on the DVFiber Site are visited, by how many people, and other activity on the Site. Customer can change the preferences on Customer’s browser or device to prevent or limit Customer device’s acceptance of cookies, web beacons or other similar technology, but this may prevent Customer from taking advantage of some of the features on the DVFiber Site, or accessing certain functions and conveniences. If Customer clicks on a link to a third party website or service, such third party may also transmit cookies to Customer. Again, this Privacy Policy does not cover the use of cookies or other such tracking technology by any third parties, and DVFiber is not responsible for their privacy policies and practices. DVFiber also uses Personal Information and Non-Personal Information to enhance the DVFiber Site and DVFiber Service offerings. For example, such information can tell DVFiber how often visitors use a particular feature of the DVFiber Site and which products and services are most interesting to current and potential customers, and DVFiber can use that knowledge to make the website useful and interesting to as many users as possible and to enhance and refine DVFiber’s Service offerings. DVFiber will continue to conduct analytics on DVFiber’s website performance; Customer may not opt-out of this use of cookies or other Personal Information or Non-Personal Information. Technology is improving every day and to improve DVFiber Services’ operation and function, DVFiber may introduce new technologies and monitoring techniques without advance notice or consent from Customer. DVFiber may also use third party providers to conduct such internal analyses.

Network Information: DVFiber also collects Network Information, information about Customer’s access to, and use of the DVFiber Network, which may or may not be directly associated with or reasonably linked to a specific person, computer or device. For example, DVFiber may collect information about the performance of the Provider Equipment installed on Customer property or at Customer premises, when Customer is using the Service, the various devices Customer is using to access the Service, the amount of data Customer is transmitting and receiving, the content of the data Customer is transmitting and receiving, the websites Customer is visiting, and any other information that is transmitted over the DVFiber Network. DVFiber may also aggregate Network Information from multiple customers and DVFiber will share such aggregated Non-Personal Information about the overall performance of the DVFiber Service and the DVFiber Network with our affiliates and other third parties. Aggregated information does not identify a specific individual, computer or device. We use Network Information to monitor and enhance the performance of the DVFiber Network. DVFiber will not monitor the content of the websites viewed or email communications as part of DVFiber’s standard network management.

Generally, DVFiber will only monitor and preserve the following Network Information:

When Customer is using the Service;
How Customer is using the Service, such as monitoring traffic patterns regarding websites visited, amount of data being sent or received, or other activity;
The amount of data Customer is transmitting and receiving through the Service; and
General information regarding the performance of the Provider Equipment installed on Customer’s property or at Customer’s premises, and its interaction with the rest of DVFiber’s network.

However, DVFiber reserves the right to, and may, monitor, access, review and preserve any Network Information and/or content in the following situations:

In response to an inquiry from Customer or another Authorized User on Customer’s account regarding Customer or their use of the Service or problems Customer or they are experiencing using the Service;
If DVFiber has reason to believe Customer is using the Service in violation of Customer’s Service Agreement or any applicable statutes, rules, ordinances or regulations;
If DVFiber has reason to believe Customer’s use of the Service is negatively affecting other Customers; or
When DVFiber is required by law or legal process to do so, or when DVFiber in good faith believes that DVFiber is required by law or legal process to do so.

3. IS PERSONAL INFORMATION USED FOR MARKETING AND ADVERTISING PURPOSES?

DVFiber does not use Customer Personal Information to send marketing and advertising messages related to our own Services and Site using Customer’s email address, postal address, or telephone number (for voice, texts, automated and pre-recorded calls).

DVFiber does not provide third party “Network Advertising,” which is advertising based on Customer’s overall Internet usage across different third party websites or online services. Multiple third party websites and online services are involved in this tailored or personalized advertising process, in essence a “network” of advertising providers. Because DVFiber does not provide network ads, DVFiber does not recognize the “Do Not Track” settings on various Internet browsers. DVFiber does not engage or allow third parties to track you across the Internet and across time for advertising purposes.

4. LINKS TO THIRD PARTY WEBSITES AND SERVICES

The DVFiber Site and/or our Facebook Page and other social networking platforms may contain a variety of content and functionality and may provide links to other third party websites or online services. Despite such links, this Privacy Policy applies only to DVFiber. The presence of a link does not constitute or imply DVFiber’s endorsement, recommendation, or sponsorship of the content, goods, services, business or privacy practices on such websites or online services. DVFiber encourages Customer to be aware and informed when Customer leaves DVFiber’s Site and DVFiber’s Facebook Page, or any other social networking platforms.

5. DO WE DISCLOSE CUSTOMER PERSONAL INFORMATION TO THIRD PARTIES?

Customer’s Personal Information will only be disclosed to third parties as listed in this Privacy Policy, and if DVFiber has received your consent at the time DVFiber collects your Personal Information or prior to the disclosure of any Personal Information. DVFiber reserves the right to fully use, disclose and process any Non-Personal Information collected from Customer in any manner as well as any information Customer makes public via DVFiber Services or Site.

To Our Operational Service Providers: DVFiber contracts with other companies and people to perform tasks or services on DVFiber’s behalf and need to share Customer Personal Information to provide products or services to Customers. For example, DVFiber may use a payment processing company to receive and process Customer’s ACH or credit card transactions for DVFiber, or DVFiber may contract with third parties to assist DVFiber in optimizing DVFiber’s network. Unless DVFiber tells Customer differently, DVFiber does not grant its Operational Service Providers any right to use the Personal Information DVFiber shares with them beyond what is necessary to assist DVFiber.
For Business Transfers/Restructuring: DVFiber may choose to buy or sell assets, or DVFiber may sell assets or be sold. In these types of transactions, Customer Personal Information is typically one of the business assets that would be disclosed and transferred. Also, if DVFiber (or DVFiber’s assets) are acquired, or DVFiber goes out of business, enters bankruptcy, or goes through some other change of control, including restructuring, re-organization or financing arrangements, Personal Information could be one of the assets disclosed, transferred to or acquired by a third party.
For Protection of DVFiber, Employees, Operational Service Providers, Users and Customers and Public Safety: DVFiber reserves the right to access, read, preserve, and disclose any Personal Information DVFiber has access to if DVFiber believes doing so will implement and/or enforce the Service Agreement, Terms of Use Agreement, Privacy Policy or any legal document; protect our Network(s), website(s), and company assets; protect the interests, rights, property, and/or safety of DVFiber, employees and officers/directors, Operational Service Providers, Resellers, Customers, agents, representatives, third party licensors or suppliers, or the general public.
When Required by Law or in Response to Legal Process: DVFiber reserves the right to access, read, preserve, and disclose any Personal Information when DVFiber is required by law or legal process to do so, or if DVFiber has a good faith belief that DVFiber is required by law or legal process to do so.

6. HOW DO WE PROTECT CUSTOMER PERSONAL INFORMATION?

DVFiber endeavors to protect the privacy of Customer’s account and other Personal Information using reasonable administrative, technical and physical security measures. However, DVFiber cannot and does not guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of Personal Information at any time. Customer’s account is protected by a User ID and password for Customer’s privacy and security. It is Customer’s responsibility to prevent unauthorized access to Customer’s account and Personal Information by selecting and protecting Customer password and/or other sign-on mechanism appropriately and limiting access to Customer’s computer, tablet or device and browser by signing off after Customer has finished accessing Customer’s account. Customer is required to notify us immediately if Customer’s password or account has been disclosed to a person whose name does not appear on Customer’s account, even if you have allowed such disclosure. Customer understands, acknowledges and agrees that Customer is solely responsible for any use of DVFiber Services via Customer’s username and password.

Additionally, if Customer contacts DVFiber via website, telephone or in person, DVFiber will ask Customer for verification of Customer’s identification and account. DVFiber utilizes passwords and PIN codes to verify Customer’s identity and for authorization to access Customer’s account. Customers that visit DVFiber in person are also required to provide government issued identification prior to receiving Customer account information or making any changes to Customer’s account.

DVFiber will not send an email or text, nor should Customer respond to any email or text communications asking for any sensitive or confidential Personal Information, such as social security number, bank account or credit card account number, or a driver’s license number. If Customer receives an email or text requesting any such information from DVFiber or someone that claims they are with DVFiber, please contact our Privacy Administrator immediately at: [email protected].

7. WHAT DISCLOSURE CHOICES DO CUSTOMERS HAVE?

Customer can always choose not to disclose Personal Information to DVFiber; however, certain Personal Information is necessary for DVFiber to provide the Service to Customer. Customer may opt out of sharing Personal Information with our affiliates only for marketing or advertising purposes, but not for business or operational purposes. Customer may opt out of email marketing and advertising from DVFiber using the “Unsubscribe” mechanism in each email. Before DVFiber sends Customer a text for any reason, or sends Customer a pre-recorded call that contains advertising or marketing information, DVFiber will secure Customer’s prior written express consent, which can be given via a voice recording, email, text message, postal mail, or telephone key press. Non-telemarketing pre-recorded calls do not require Customer’s prior express consent in writing unless they are sent to a wireless device. Customer understands, acknowledges and agrees that such texts and pre-recorded telemarketing calls may be sent using an autodialer and are not conditioned on your purchase of the Service. Customer may opt out of receiving text messages any time by replying “STOP” or “UNSUBSCRIBE” to the text message. Customer may opt out of receiving pre-recorded calls by the opt-out instructions in the call. Customer can also request to be added to DVFiber’s company-specific Do Not Call list to opt-out of advertising and marketing calls of all types. However, Customer will continue to receive calls related to debt-collection and Customer’s current Service. Customer may also opt-out of First Party Advertising, but not Contextual Advertising, as detailed in the “Use of Personal Information for Marketing or Advertising Purposes” section above. Customer may not opt out of DVFiber’s use of cookies or other similar technology, or use of Customer’s Personal Information and Non-Personal Information for DVFiber’s internal analytics used to monitor activity on DVFiber’s Site, measure DVFiber’s Service performance, or to operate and protect the DVFiber Network.

8. WHAT PERSONAL INFORMATION CAN CUSTOMERS ACCESS, MODIFY AND/OR DELETE?

Generally, Customer may access the following Personal Information in Customer’s account:

Full name
Username and password
Email address
Telephone number
Billing and Service address
Account and billing information

By contacting DVFiber at: [email protected], or through any online access portal and/or via telephone, DVFiber may enable Customer to view, access and modify Customer account settings, and in some cases, edit or delete the Personal Information listed above. DVFiber will retain historic email, billing and/or service addresses for security and verification purposes and Customer may not delete such information even after the subscription expires or terminates.

Existing Customers may not delete any Personal Information because such information is necessary to provide and bill for the Services; Customers may only update or modify the following Personal Information:

Full name
Password
Email address
Telephone number
Billing and service address

DVFiber may use any aggregated data derived from Customer’s Personal Information but not in a manner that would identify Customer personally. DVFiber may also maintain Personal Information regarding Customer and Customer’s use of the Service after Customer is no longer a DVFiber customer as required by DVFiber’s business practices, by law, and/or tax reporting purposes. The information Customer can view, update, and delete may also change if required by law. If Customer has any questions about viewing or updating information DVFiber has on file about Customer, please contact DVFiber at [email protected].

9. WILL THIS PRIVACY POLICY EVER CHANGE?

Yes, DVFiber is constantly working to improve the Service, so DVFiber will need to update this Privacy Policy from time to time as DVFiber’s business practices change and service offerings increase, and/or there are changes in local, state or federal laws. Additionally, DVFiber will also make stylistic, organizational and/or grammatical changes to present DVFiber privacy practices in a user friendly easy to read manner. DVFiber will alert Customers to any such changes by placing a notice on DVFiber’s Site and App with the effective date of the revised Privacy Policy, and/or by sending Customers an email, or by some other means to the extent required by law. Please note that if Customers have not provided DVFiber with Customer’s email address or Customer has not updated Customer contact information, those legal notices will still govern Customer use of the Service, and Customer is still responsible for reading and understanding all notices posted on DVFiber’s Site. Customer’s continued use of the Service or Site after notice of any changes have been provided will indicate Customer’s acceptance of such changes, except where further steps are required by applicable law.

Use of Customer’s Personal Information is primarily governed by the Privacy Policy in effect at the time Customer subscribed to the Service or visited the DVFiber Site. If DVFiber elects to use or to disclose Personal Information that identifies Customer as an individual in a manner that is materially different than that stated in the Privacy Policy in effect at the time you subscribed to the Service or visited the DVFiber Site, DVFiber will provide Customer with an opportunity to consent to such use or disclosure. Depending on the circumstances, that consent may include an opt-out.

10. WHAT IF YOU HAVE QUESTIONS OR COMMENTS ABOUT THIS PRIVACY POLICY?

If you have any questions or concerns regarding DVFiber’s privacy practices and policies, please contact DVFiber at [email protected] or mail a letter or postcard to DVFiber, PO Box 532, Wilmington, VT 05363

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