office (719)
325-5400
fax (719) 325-5419
toll-free (877) 351-5400
television. telephone. internet. security.
simple. easy. graceful.
Privacy Statement
PanOptic, Inc., d/b/a PorchLight Communications, Inc.
~ Customer
Privacy Notice
For video (“FiboVision”), internet (“FiboNet”), and voice (“FiboVoice”)
services
a. the limitations imposed by the Cable Act upon cable operators in
the collection and disclosure of personally
identifiable information about subscribers;
b. the nature of personally identifiable information we collect;
c. the nature of the use of personally identifiable information;
d. under what conditions and circumstances we may disclose
personally identifiable information and to whom;
e. the period during which we maintain personally identifiable
information;
f. the times and place at which you may have access to your
personally identifiable information; and
g. your rights under the Cable Act concerning personally
identifiable information and its collection and
disclosure.
Personally identifiable information is information that identifies a
particular person; it does not include aggregate data that does not
identify a particular person or persons.
I. Collection
What kind of information does this notice apply to?
The Cable Act applies to personally identifiable information that
you have furnished to PanOptic, or that PanOptic has collected using
the cable system, in connection with the provision of video service
or other services.
For what purposes may PanOptic collect personally identifiable
information?
The Cable Act authorizes PanOptic as a cable operator to use the
cable system to collect personally identifiable information
concerning any subscriber for the following purposes:
in order to obtain information necessary to render our cable service
or other services to our subscribers; and
to detect unauthorized reception of cable communications.
The Cable Act prohibits us from using the cable system 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.
What kind of personally identifiable information does PanOptic
collect?
PanOptic collects information from you at several different points
when you initiate and use our services. Some of this
information is personally identifiable information, but much of it
is not. We collect certain personally identifiable information
that our subscribers furnish to us in connection with the provision
of cable service or other services. 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:
your name;
service address;
billing address;
e-mail address;
telephone number;
driver’s license number;
social security number;
bank account number;
credit card number; and
other similar account information.
We also collect and maintain certain other information about your
account. For example, this information may include:
billing, payment, and deposit history;
additional service information;
customer correspondence and communications records;
maintenance and complaint information;
records indicating the number of television sets, set-top boxes,
modems, or telephones connected to our system;
and
additional information about the service options you have chosen.
Some of our services permit you to establish secondary accounts, and
if you do so we collect similar information in order to establish
and service the secondary accounts. During the initial
provisioning of our services, and during any subsequent changes or
updates to our services, PanOptic may collect technical information
about your televisions, any set-top boxes, computer hardware and
software, modems, telephones, and/or other cable or other
service-related devices, and customization settings and preferences.
Additionally, if you rent your residence, we may have a record of
whether landlord permission was required prior to installing our
cable facilities as well as your landlord's name and address.
What kind of information do you collect if I use interactive or
transactional services?
When you use our interactive or other transactional services such as
video on demand, for example, our systems may automatically collect
certain information about your use of these services. Most of
this information is not personally identifiable information and it
is simply used, for example, to carry out a particular request you
make using your remote control, set-top box, or other equipment.
This may include information required to change your television
channel, review listings in an electronic program guide, pause or
fast forward through certain on demand programs, or invoke a calling
feature, among other things. It may also include other
information such as the time you actually use our services and the
use of other features of our services, and which menus and menu
screens are used most often and the time spent using them. In
order to carry out a particular request you make to watch a
pay-per-view program or purchase a product, service, or feature, for
example, our system may collect certain personally identifiable
information. This information typically consists of account
and billing-related information such as the pay-per-view programs or
other products, services, or features ordered so that you may be
properly billed for them.
Some of our systems may collect limited anonymous, aggregate
information using set-top boxes and other equipment. We use
this aggregate information to determine which programs are most
popular, how many people watch a program to its conclusion, and
whether people are watching commercials, for example. We may
provide certain anonymous, aggregate information to third parties
such as our programming partners, or audience measurement firms, for
example, who may combine it with other aggregated demographic
information (such as census records) to provide us with audience
analysis information. We use this information to improve our
video service and other
services and make programming and advertising more relevant to our
subscribers. We may also use this information to distribute
relevant programming and advertising to you without disclosing
personally identifiable information about you to programmers or
advertisers. Some of these programs or advertisements may
invite your participation, which you can accept or decline by using
your program guide commands or by following any special instructions
on your video screen.
II. Use
How does PanOptic use personally identifiable information?
We collect, maintain, and use personally identifiable information as
permitted by the Cable Act and other applicable laws. We use
this information primarily to conduct business activities related to
providing you with our video service and other services, and to help
us detect theft of service. Generally speaking, we use
personally identifiable information in connection with:
billing and invoicing;
administration;
surveys;
collection of fees and charges;
marketing;
service delivery and customization;
maintenance and operations;
technical support;
hardware and software upgrades; and
fraud prevention.
More specifically, we also use personally identifiable information
to:
install, configure, operate, provide, support, and maintain our
video service and other services;
confirm you are receiving the level(s) of service requested and are
properly billed;
identify you when changes are made to your account or services;
make you aware of new products or services that may be of interest
to you;
understand the use of, and identify improvements to, our services;
detect unauthorized reception, use, or abuse of our services;
determine whether there are violations of any applicable policies
and terms of service;
manage the network supporting our services;
configure video service and other service-related devices; and
comply with law.
PanOptic transmits, and may collect and store for a period of time,
personally identifiable and non-personally identifiable information
about you when you use our Internet and voice services to:
send and receive e-mail, video mail, and instant messages;
transfer and share files;
make files accessible;
visit websites;
place or receive calls;
leave and receive voice mail messages;
use the FiboVoice web portal;
establish custom settings or preferences;
communicate with us for support; or
otherwise use the services and their features.
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 may also combine personally identifiable information, which we
collect as described in this notice as part of our regular business
records, with personally identifiable information obtained from
third parties for the purpose of creating an enhanced database or
business records. We may use this database and these business
records in marketing and other activities related to our cable
service and other services. We also maintain records of
research concerning subscriber satisfaction and viewing habits,
which are obtained from subscriber interviews and questionnaires.
III. Disclosure
Under what circumstances may PanOptic disclose personally
identifiable information to others?
PanOptic considers the personally identifiable information contained
in our business records to be confidential. The Cable Act
authorizes PanOptic as a cable operator to disclose personally
identifiable information concerning any subscriber for the following
purposes if the disclosure is:
necessary to render, or conduct a legitimate business activity
related to, the cable service or other services provided to the
subscriber;
required by law or legal process; or
of the names and addresses of subscribers for “mailing list” or
other purposes.
The Cable Act prohibits us from disclosing personally identifiable
information concerning any subscriber for any purposes other than
those listed above without the subscriber’s prior written or
electronic consent.
To whom may PanOptic disclose personally identifiable information?
We may disclose personally identifiable information as provided for
in the Cable Act when it is necessary to render, or conduct a
legitimate business activity related to, the cable service or other
services we provide to you. These kinds of disclosures
typically involve billing and collections, administration, surveys,
marketing, service delivery and customization, 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 cable system. The frequency
of any disclosure of personally identifiable information varies in
accordance with our business needs and activities.
The Cable Act authorizes PanOptic as a cable operator to disclose
limited personally identifiable information to others, such as
charities, marketing organizations, or other businesses, for cable
or non-cable “mailing list” or other purposes. From time to
time we may disclose your name and address for these purposes.
However, you have the right to prohibit or limit this kind of
disclosure by contacting us by telephone at 1-719-325-5400 or by
sending us a written request as described below under “How do I
contact PanOptic?” Any “mailing list” and related disclosures
that we may make are limited by the Cable Act to disclosures of
subscriber names and addresses where the disclosures do not reveal,
directly or indirectly, (i) the extent of any viewing or other use
by the subscriber of a cable service or other service provided by
us; or (ii) the nature of any transaction made by the subscriber
over our cable system.
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. We make these disclosures as provided for in
the Cable Act. Typically, we make these disclosures when the
disclosure is necessary to render, or conduct a legitimate business
activity related to, the cable service or other 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. We may also disclose certain personally
identifiable information about you to third parties such as, for
example, charities, marketing organizations, or other businesses, in
connection with disclosures made for “mailing list” or other
purposes as described above under “To whom may PanOptic disclose
personally identifiable information?”
If we (or our parent company) 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. If this notice
will be changed as a result of a transaction like that, you should
refer below under “Will PanOptic notify me if it changes this
notice?”
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.
When may PanOptic disclose personal information to others in
connection with phone service?
PanOptic may disclose to others personally identifiable information
in connection with features and services such as Caller ID,
911/E911, and directory services as follows:
We may transmit your name and/or telephone number to be displayed on
a Caller ID device unless you have elected to block such
information. Please note that Caller ID blocking may not
prevent the display of your name and/or telephone number when you
dial certain business or emergency numbers, 911, 900 numbers, or
toll-free 800, 888, 877, or 866 numbers.
We may provide your name, address, and telephone number to public
safety authorities and their vendors for inclusion in E911 databases
and records, inclusion in “reverse 911” systems, or to troubleshoot
911/E911 record errors.
We may publish and distribute, or cause to be published and
distributed, telephone directories in print, on the Internet, and on
disks. Those telephone directories may include subscriber
names, addresses, and telephone numbers, without restriction to
their use.
We may also make subscriber names, addresses, and telephone numbers
available, or cause such subscriber information to be made
available, through directory assistance operators.
We may provide subscribers’ names, addresses, and telephone numbers
to unaffiliated directory publishers and directory assistance
providers for their use in creating directories and offering
directory assistance services.
Once our subscribers’ names, addresses, and telephone numbers appear
in telephone directories or directory assistance, they may be
sorted, packaged, repackaged and made available again in different
formats by anyone.
We take reasonable precautions to ensure that non-published and
unlisted numbers are not included in our telephone directories or
directory assistance services, but we cannot guarantee that errors
will never occur. There is a fee for subscribers who choose to
have non-published or unlisted numbers.
When is PanOptic required by law to disclose personally identifiable
information by law?
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
subscriber without his or her consent and without notice in order to
comply with a valid legal process such as a subpoena, court order,
or search warrant.
For subscribers to our cable television service, the Cable Act
requires PanOptic as a cable operator 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 are required to notify the subscriber of
the court order. If the court order is sought by a
governmental entity, the Cable Act requires that the cable
subscriber be afforded the opportunity to appear and contest in a
court proceeding relevant to the court order any claims made in
support of the court order. At the 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.
For subscribers to our high-speed Internet and phone services, the
Cable Act requires PanOptic to disclose personally identifiable
information and individually identifiable information to a private
third party in response to a court order, and we are required to
notify the subscriber of the court order. The Cable Act
requires us to disclose personally identifiable information and
individually identifiable information about subscribers to
high-speed Internet and phone services to a government entity in
response to a subpoena, court order, or search warrant, for example.
How does PanOptic protect personally identifiable information?
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.
However, we cannot guarantee that these practices will prevent every
unauthorized attempt to access, use, or disclose personally
identifiable information.
How long does PanOptic maintain personally identifiable information?
PanOptic maintains personally identifiable information about you in
our regular business records while you are a subscriber to our cable
service or other services. We also maintain this information
for a period of time after you are no longer a subscriber 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
long apply, we will destroy the information according to our
internal policies and procedures.
IV. Customer Access and Choice
How can I see my personally identifiable information and correct it,
if necessary?
You may examine and correct, if necessary, the personally
identifiable information regarding you that is collected and
maintained by PanOptic 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.
If you have Internet access, you can view and change certain
information yourself for
accounts you have established at the PorchLightCommunications.com
website, use the My Account (or similar) therein.
You may also examine the records containing your personally
identifiable information at your local PanOptic office upon
reasonable prior notice to us and during our regular business hours.
If you wish to examine these records, please contact us by email (customercare@porchlightcommunications.com),
mail (
However, subscribers to our voice services should be aware that we
generally do not provide them with records of any inbound or
outbound calls or other records that we don’t furnish in the
ordinary course of business (for example, as part of a bill) or
which are available only from our archives, without valid legal
process such as a court order. In addition, we cannot correct
any errors in customer names, addresses, or telephone numbers
appearing in, or omitted from, our or our vendors’ directory lists
until the next available publication of those directory lists.
Further, we may have no control over information appearing in the
directory lists or directory assistance services of directory
publishers or directory assistance providers which are not owned by
us or our subsidiaries.
PanOptic reserves the right to charge you for the cost of retrieving
and photocopying any documents that you request.
How do I give or withhold my approval for PanOptic to use such
information to market additional products and services to me?
Generally, we will assume that you will allow us to use your
information to offer new products that may be of benefit to you. To
withhold your approval now, simply contact us by email (customercare@porchlightcommunications.com),
mail (
What e-mail communications will PanOptic send to me and how do I
manage them?
We may send a welcome e-mail and sometimes other information to new
subscribers to our video service and other services (including each
new secondary account holder, where applicable). We may also
send service-related announcements to our subscribers from time to
time. For example, we may send you an e-mail announcement
about a pricing change, a change in operating policies, a service
appointment, or new features of one or more of the cable service or
other services you receive from us. You may not opt-out of
these service-related communications. If you fail to check
your primary e-mail address for service-related announcements, you
may miss important information about our services, including legal
notices, for example.
We reserve the right to send you promotional or commercial e-mail as
permitted by applicable law. You can manage the promotional or
commercial e-mails PanOptic may send to you by following the
instructions contained in the e-mails. We may ask for
additional information on this preferences page such as your zip
code, for example. By providing this additional information to
us we will be able to better inform you of the availability of
special offers, news, weather, and promotions in your area. If
you no longer wish to receive these e-mails you may opt-out of
receiving them by going to the same page and changing your contact
preferences.
What can I do if I think my privacy rights have been violated?
If you believe that you have been aggrieved by any act of ours in
violation of the Cable Act, we encourage you to contact us directly
as described below in “How do I contact PanOptic?” in order to
resolve your question or concern. You may also enforce the
limitations imposed on us by the Cable Act as applicable with
respect to your personally identifiable information through a civil
lawsuit seeking damages, attorneys fees, and litigation costs.
Other rights and remedies may be available to you under federal or
other applicable laws as well.
Will PanOptic notify me if it changes this notice?
As required by the Cable Act, we will provide you with a copy of
this customer privacy notice at the time we enter into an agreement
to provide any cable service or other service to you, and annually
afterwards, or as otherwise permitted by law. You can view the
most current version of this notice by going to
www.PorchLightCommunications.com/privacy.html.
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.
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.
However, we will only consider your continued use of the service to
be your acceptance of and consent to changes in the revised privacy
notice for changes made after the initial effective date of this
revised notice.
How do I contact PanOptic?
If you have any questions or suggestions regarding this privacy
notice, or wish to contact us about your personal information,
please reach us as follows:
Phone: 1-719-325-5400
Web site: www.PorchLightCommunications.com/contactus.asp
Mail: PanOptic, Inc.
Attn: General Counsel
P.O. Box 2049
Revised and effective: May 28, 2007