Personal Network Computing, Inc. (“smart.network”) is providing this Notice to inform you of our practices regarding personally identifiable information (“PII”) that may be collected by us in the course of your download and use of the smart.network service, including all associated features and functionalities, user interfaces, and software applications (“Service”).
As a user of Service, we believe you are entitled to know the following:
Personally identifiable information or “PII” is information that identifies a particular person; it does not include aggregate data that does not identify a particular person or persons.
Information to which this Notice applies. This Notice concerns personally identifiable information that you have furnished to smart.network, or that smart.network has collected in connection with your download and use of the Service.
Purposes for which smart.network may collect PII. We collect personally identifiable information concerning any user for the following purposes:
We do not use the Service to collect personally identifiable information concerning any subscriber for any purposes other than those listed above without the subscriber’s prior written or electronic consent.
Information collected by smart.network. We may collect information from you at several different points when you download and use our Service. Some of this information is personally identifiable information, but much of it is not. In order to provide reliable, high quality service to you, we keep regular business records containing information about you that may constitute personally identifiable information. These records include some, but typically not all, of the following information:
We may also collect and maintain certain other information about your account. For example, this information may include:
Non-PII Information Collected. During the initial provisioning of our services, and during any subsequent changes or updates to our services, smart.network may collect technical information about your computer hardware and software, router, modems, telephones, televisions and/or other service-related devices, IP addresses, and customization settings and preferences.
We collect information from the network concerning usage and bandwidth speed. We can identify programs and websites visited on the networks of users of the Service, but we do not know and do not identify which user of that network accessed which program or website, nor do we know the content of the websites or programs accessed. For example, we can identify a device on the network of a user of the Service signed into a particular website at a particular time, but we do not know the content of the website. We do not know the identity of the user of the device, but if a device is assigned a particular profile (e.g., “Joe’s tablet”) we may know that the website was accessed with Joe’s tablet. However, we do not know whether Joe was the one using the tablet at the time. If you have downloaded the Service using credentials provided to you by an internet service provider (ISP), your ISP will have access to the same information concerning your network that we do.
We collect, maintain and use PII as permitted by applicable laws. We use this information primarily to conduct business activities related to the Service. Generally speaking, we may use personally identifiable information in connection with:
More specifically, we also use personally identifiable information to:
We transmit and may collect and store for a period of time, personally identifiable and non-personally identifiable information about you when you use the Service to:
Our transmission, collection, and storage of this information is necessary to render the services. In certain situations, third-party service providers may transmit, collect, and store this information on our behalf to provide features of our services. These third parties are not permitted to use your personally identifiable information except for the purpose of providing these features.
We also maintain records of research concerning subscriber satisfaction and viewing habits, which are obtained from subscriber interviews and questionnaires. We do not share information with third parties except as required to render our services.
Circumstances under which smart.network may disclose PII. We consider the personally identifiable information contained in our business records to be confidential. We may disclose personally identifiable information concerning any user if the disclosure is:
We do not disclose personally identifiable information concerning any user for any purposes other than those listed above without the user’s prior written or electronic consent.
To whom smart.network may disclose PII. We may disclose personally identifiable information if it is necessary to render, or conduct a legitimate business activity related to, the Service or other related services we provide to you. If you downloaded the Service using credentials provided to you by an Approved Provider, we may also disclose PII to the Approved Provider in furtherance of a legitimate business activity related to the Service or the provision of internet service to you. These kinds of disclosures typically involve billing and collections, administration, surveys, marketing, service delivery and customization, customer support, maintenance and operations, and fraud prevention, for example. We may also collect, use, and disclose information about you in non-personally identifiable or aggregate formats, such as ratings, surveys, and service usage and other statistical reports, which do not personally identify you, your particular viewing habits, or the nature of any transaction you have made over the internet. The frequency of any disclosure of personally identifiable information varies in accordance with our business needs and activities.
We may sometimes disclose personally identifiable information about you to our affiliates or to others who work for us. We may also disclose personally identifiable information about you to outside auditors, professional advisors, service providers and vendors, potential business merger, acquisition, or sale partners, and regulators. Typically, we make these disclosures when the disclosure is necessary to render, or conduct a legitimate business activity related to, the Service or other related services we provide to you. We may be required by law or legal process to disclose certain personally identifiable information about you to lawyers and parties in connection with litigation and to law enforcement personnel.
If we enter into a merger, acquisition, or sale of all or a portion of our assets, subscribers’ personally identifiable information will, in most instances, be one of the items transferred as part of the transaction.
We may also use or disclose personally identifiable information about you without your consent to protect our customers, employees, or property, in emergency situations, to enforce our rights under our terms of service and policies, in court or elsewhere, and as otherwise permitted by law.
Required disclosure of PII. We make every reasonable effort to protect subscriber privacy as described in this Notice. Nevertheless, we may be required by law to disclose personally identifiable information about a user. These disclosures may be made with or without the user’s consent, and with or without notice, in compliance with the terms of valid legal process such as a subpoena, court order, or search warrant.
We may be required to disclose personally identifiable information to a third-party or governmental entity in response to a court order. If the court order is sought by a non-governmental entity, we will notify the user of the court order. We may be required to disclose personally identifiable information about subscribers to a government entity in response to a subpoena, court order, or search warrant, for example. We are usually prohibited from notifying the user of any disclosure of personally identifiable information to a government entity by the terms of the subpoena, court order, or search warrant.
Protection of PII. We follow industry-standard practices to take such actions as are necessary to prevent unauthorized access to personally identifiable information by a person other than the subscriber or us. Our practices for data protection include but are not limited to data encryption, data backups to prevent data loss, ethical walls (only departments within our organization have access to PII that is relevant for their work), intrusion detection, and the use of secure private networks. However, we cannot guarantee that these practices will prevent every unauthorized attempt to access, use, or disclose personally identifiable information. As part of our commitment to ensure your data privacy, we will notify you promptly of any data breaches. Upon termination of this Agreement, you have the right to request Smart.Network to remove your personal data.
Retention of PII. We maintain PII about you in our regular business records while you are a user of the Service. We also maintain this information for a period of time after you are no longer a user if the information is necessary for the purposes for which it was collected or to satisfy legal requirements. These purposes typically include business, legal, or tax purposes. If these purposes no longer apply, we will destroy the information according to our internal policies and procedures. An Approved Service Provider may retain this information in accordance with their policy.
Examining your PII. You may examine and correct, if necessary, the personally identifiable information regarding you that is collected and maintained by smart.network in our regular business records. In most cases, the personally identifiable information contained in these records consists solely of billing and account information. We will correct our records if you make a reasonable showing that any of the personally identifiable information we have collected about you is inaccurate.
Upon request, we will provide an electronic copy of your personal data collected free of charge; however, we will require proof from you to confirm that you are actually the person you claim to be. If you wish to receive a copy of these records, please contact us by mail or telephone at 707-422-1200, giving us at least 30 days to locate and, if necessary, prepare the information for review.
We reserve the right, subject to applicable law, to charge you for the cost of retrieving and photocopying any documents that you request.
Changes to Privacy Notice. We will provide you with a copy of this customer privacy notice at the time you download the Service and annually afterwards, or as otherwise permitted by law. The most current version of this notice is made available here on www.smart.network.
We may modify this Notice at any time. We will notify you of any material changes through written, electronic, or other means and as otherwise permitted by law. If you find the changes to this notice unacceptable, you have the right to cancel your service by contacting us at firstname.lastname@example.org . If you continue to use the Service following notice of the changes, we will consider that to be your acceptance of and consent to the changes in the revised privacy notice. This includes your consent for any personally identifiable information that we may collect and use starting on the effective date of the revised notice, as well as for any personally identifiable information that we have collected prior to the effective date of the revised notice.
Contact smart.network. If you have any questions regarding this Notice, or wish to contact us about your personal information, please reach us as follows:
Mail: 4160 Suisun Valley Road, Suite E-712, Fairfield, CA 94534
Effective Date. The effective date of this Notice is August 5, 2020.