CALIFORNIA RESIDENTS CAN LEARN MORE ABOUT THEIR PRIVACY RIGHTS HERE
Effective Date: October 20, 2021
All such visitors, users, prospective residential and commercial/business customers, current and former residential and commercial/business customers are collectively, “Customers” “you,” or “your.” Operational Service Providers are trusted third parties that support Intermax’s Services, Apps and Site, with technology, equipment and/or services.
Any capitalized terms used herein shall have the same meaning as defined in the following Intermax service agreements: Intermax Residential Service Agreement; Commercial-Enterprise Business Master Services Agreement; Commercial-Enterprise Service Level Agreement; Commercial-Enterprise Hosted Voice Agreement; and Commercial-Enterprise Reseller Hosted Voice Agreement; and any other service agreement for Intermax’s Services (collectively, “Service Agreements”).
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
For information regarding a California resident’s rights under the Shine the Light Act and other California privacy laws, if applicable, please see the separate California Privacy Statement here.
- GENERAL INFORMATION
When Customer uses Intermax’s Site, Apps or Services, the Personal Information sent and received will be transmitted using wireless, fiber, coaxial cable and/or satellite technology, and could be subject to interception by unauthorized third parties. While it is Intermax’s objective to take reasonable security measures to reduce the risk that unauthorized third parties will intercept any Personal Information, Intermax cannot and does not make any guarantee that transmissions via its Site, Services and Apps are 100% secure or error-free.
Intermax does not knowingly collect, solicit or use Personal Information from anyone under the age of 16. If Customer is under age 16, please do not attempt to register for the Services or voluntarily submit any Personal Information about yourself to Intermax. If Intermax learns that Personal Information from a child under age 16 has been collected, Intermax will delete that information as quickly as possible to the extent technically feasible. If Customer believes that its child under age 16 may have provided Personal Information to us, please contact Intermax at email@example.com
- WHAT TYPES OF INFORMATION DO WE COLLECT AND HOW DO WE USE THIS INFORMATION?
The following are the different ways and the reasons Intermax collects Personal Information:
• Registration process, billing, and administration: Intermax collects Customer name, email address, phone number (wired or wireless), 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 personal property making use of the Service. Intermax also collects Customer proprietary network information (“CPNI”) to provide and bill for VoIP services. CPNI includes any information that relates to the 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 that is available to Intermax from Customers solely by virtue of the provider-customer relationship. 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 Intermax Equipment.
• Subscription Video Service (offered in limited geographic areas): In addition to the Personal Information collected for registration, billing and administration purposes (see above), Intermax will collect information related to Customer video program viewing, as pay-per-view, Video On Demand and interactive video services, including any purchases made using an interactive services. In providing our subscription video Service, Intermax may also collect information about Customer video equipment, the number and location of televisions sets in your home or business that are connected to the video system, computer hardware and software, modems, routers, associated electronic addresses, settings, and other preferences to aid in billing, maintenance and customer support.
In these cases Intermax will engage with the Customer using direct messages or by directing them to our Site, support and Customer Experience department. Intermax 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.
• Cookies are text files placed on your computer to collect standard internet log information and visitor behavior information. This information is used to personalize Customer usage of the Site and to compile statistical reports on Site activity. For further information about cookies, visit aboutcookies.org or www.allaboutcookies.org.
• Web beacons, also known as web bugs, pixel tags or clear GIFs, are clear graphic images (typically one pixel in size) that are delivered through a web browser or HTML e-mail. The web beacon informs Intermax when a Customer visits a particular web page or opens and views a particular e-mail. Intermax, or our Operational Service Providers, may include web beacons in marketing e-mail messages or our newsletters to determine whether messages have been opened and links contained within have been clicked on.
• Technology is improving every day and to improve the operations and functions of Intermax’s Services, Customer understands, acknowledges and agrees that Intermax may introduce new technologies and monitoring techniques without advance notice or consent from Customer. Intermax may also use third party Operational Service Providers to conduct such internal analyses. Network Information Specific for Internet Access Services: Intermax also collects Network Information to deliver their high-speed internet access service, which is information about Customers’ access to, and use of, the Intermax Network. Network Information may or may not be classified as Personal Information. Generally, Intermax will:
• Collect information when and how Customer is using the Intermax Network, such as monitoring traffic patterns regarding websites visited, amount of data being sent or received, or other activity.
• Collect information about the performance of the Intermax Equipment installed on Customer property or premises, and its interaction with the rest of the Intermax Network.
• Collect information regarding the various devices Customer is using to access the Intermax Network.
• Monitor or review the content of the data Customer is transmitting and receiving.
• Intermax will not monitor the content of a Customer’s websites viewed or email communications as part of Intermax’s daily network management but will do so occasionally to protect the Intermax Network from threats or viruses, and in the event there is suspected fraud, unlawful activity, perceived or actual violation of
the Intermax Acceptable Use Policy or upon a valid request from law enforcement.
Intermax retains this Network Information for no longer than thirty (30) days, unless otherwise required by law or for legal or regulatory purposes. Intermax may also aggregate Network Information from multiple Customers and will share such aggregated information about the overall performance of our Services, Apps and the Intermax Network with our Affiliates and other third parties such as our Operational Service Providers and state and federal regulatory agencies to report on Network performance. Aggregated information does not identify a specific individual, computer or device and therefore, is not classified as Personal Information.
Intermax 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 an authorized user on Customer’s account regarding use of the Services or problems Customer is experiencing using the Services.
• When Intermax has reason to believe Customer is using the Services in violation of the Service Agreements or any applicable law.
• When Intermax has reason to believe Customer use of the Service is negatively affecting other Customers.
• When Intermax is required by law or legal process to do so, or when Intermax has a good faith belief that Intermax is required by law or legal process to do so.
Information is retained by Intermax and the Operational Service Provider for
no longer than 30 days after deletion of your Command IQ App account, unless otherwise required by law or for legal or regulatory purposes.
• Indirect End User Phone Contact Information (Personally Identifiable Information): Intermax uses NetSapiens as a software provider for voice related communications and as such is a Client of NetSapiens.
NetSapiens acts as a data processor with regard to indirect end user personal identifiable information and their Clients (like Intermax) act as the data controller of such data. In the course of NetSapiens’ processing and protection of such data, all use will be in conformity with the data controller’s instructions. Specifically, only when enabled via system permission on SNAPmobile Android and SNAPmobile iOS, NetSapiens shows personal contacts within the respective application. When the user sends an SMS message to one of his/her phone contacts, or when the user initiates a call to one of his/her phone contacts, the phone number is sent securely through NetSapiens’ API. NetSapiens does not store this number with any other PII, and it cannot be directly or indirectly attributed to any person or persons; NetSapiens stores only the phone number and pertinent metadata so as to be compliant with all applicable state and federal laws, and NetSapiens does not share this data with any advertisers or third parties under any circumstances. A user can revoke phone contact access on his/her mobile device at any time, and his/her app experience is not hindered or interrupted.
SNAPmobile Android and iOS also uses Gravatar, only when enabled via Settings and UIConfigs, which is a service that provides avatar images linked to the MD5 hash of the user’s email address. This means that, only when Gravatar use is enabled, we hash each contact’s email address and send it to Gravatar to try and retrieve an avatar image. MD5 hashes cannot be directly or indirectly attributed to any person or persons, and we only send the MD5 hash to Gravatar, never the email address in plain text. As with phone contacts, a user can revoke Gravatar access at any time in Settings or via UIConfig, and his/her app experience is not hindered or interrupted.
• Network Management Specific to Subscription Video Service: Intermax will not collect Personal Information concerning most video program viewing, except as needed to billing purposes or if Customer has provided his/her consent. In providing some specific video services, such as pay-per-view,
Video On Demand and interactive video services, Intermax maintains limited
usage information for billing, programming and related business purposes.
• Aggregate information related to subscription video service that does not identify a specific Customer may be collected and used for programming, advertising and similar purposes. In some cases, aggregate information may be collected by Intermax in order to determine which programs are most popular, how many people are watching the show, and which video features are used most often. This aggregate information may be provided to third party audience measurement firms who may combine it with other demographic information to conduct more comprehensive audience analysis. Intermax may also use such information to distribute relevant programming and advertising to Customers, without disclosing Personal Information about Customers, to programmers or advertisers. When we provide digital video recorder services, we may also receive detailed information concerning your use and operation of the recorder for the uses described below:
• Service Improvement; and
• Audience Analyses.
• Intermax also collects general information concerning Customer purchase and use of pay-per-view, entertainment on demand and interactive services and will provide aggregate information to programmers and advertisers. Digital video recorder service information is not shared with programmers or third parties, except on an aggregate basis. If Customers use an interactive service to participate in or to order a third party’s product or service, the Customer will be asked for consent to provide contact information to the appropriate third party. When Intermax offers new services to you, like DVR and interactive features, we will also inform you about Personal Information we may need and how it may be used.
• Network Management Specific to VoIP Services: Intermax’s VoIP Services convert voice communications into IP packets carried over the Intermax Network. A Customer’s CPNI and Personal Information may be
contained in these packets, such as call detail information, source and
destination domain names and/or IP Address, and location-based information.
• Only Intermax authorized technicians will review the packet protocols using reputable third-party software for quality control and usage information, which tells us how you use our networks and our products, and how well our equipment and networks are performing. Analyzing packets transmitted over our network is generally part of our “Network Management” and such efforts are important to address network integrity, assist in fraud prevention and the security of our network and devices, prevent and/or mitigate illegal activities, and address violations of our Terms of Service Agreement.
• Upon a customer’s request, authorized technicians will also capture and analyze the contents of packets for a specific date and/or time when there is a problem with the quality or transmission of a VoIP call. Upon resolution of a customer’s problem, packet data is retained for a short period of time (approximately 72 hours), and then deleted.
- IS CPNI OR PERSONAL INFORMATION USED FOR MARKETING AND ADVERTISING PURPOSES?
Intermax does not disclose your Personal Information or CPNI to third parties for their own marketing or advertising purposes. Additionally, Intermax does not use your CPNI for our own marketing or advertising of different Intermax services or products not related to a Customer’s current Services, unless you authorize us to do so. Your denial of Intermax’s use of your CPNI for any marketing or advertising purposes will not change or affect the Services you currently receive from Intermax.
Intermax will use Customer’s email address, postal address, or telephone number (for voice, texts, automated and pre-recorded calls) and information about a Customer’s current Services to send marketing and advertising messages regarding our Services and Site that will keep Customers informed about related products and services that will best meet a Customer’s future needs. This is called “First Party Advertising,” which is advertising or marketing that is customized or personalized based on a history of Customer’s use of our Site or Services. First Party Advertising is based solely on a
combination of information Intermax collects from Customer – not from Customer’s visits to other websites across the Internet. We may also serve “Contextual Advertising,” which is advertising based on the subject matter or the content of a specific website page visited by a Customer. Customer may opt-out of First Party Advertising but not Contextual Advertising. No Personal Information is used to deliver Contextual Advertising; it automatically will appear based on the context of the content or webpage Customer is viewing. And Customer will continue to receive general advertising if Customer opts-out of First Party Advertising, it will not be customized or personalized for Customer. (Please see Section 7 below for Customer opt-out instructions.)
Intermax 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 Intermax does not provide network ads, Intermax does not recognize the “Do Not Track” settings on various Internet browsers. Intermax does not engage or allow third parties to track you across the Internet and across time for advertising purposes.
- LINKS TO THIRD PARTY WEBSITES AND SERVICES
- DO WE DISCLOSE CUSTOMER PERSONAL INFORMATION TO THIRD PARTIES
• To Our Affiliates and Resellers. Intermax relies on various Affiliates and Resellers in order to provide the Services to Customers. Affiliates are companies that are related to Intermax by common ownership or control. Resellers are independent third party businesses that will offer Intermax’s Services to either their own customers, or operate as agents to Intermax and sell our Services. Intermax may share Personal Information and non-Personal Information with any of our Affiliates and Resellers for business, operational, promotional and/or marketing and advertising purposes directly related to our Services.
• To Our Operational Service Providers: Intermax and its Affiliates contract with third parties to perform tasks or services on Intermax’s behalf and need to share or have access to Customer Personal Information to provide equipment, products or services to Customers on Intermax’s behalf. For example, Intermax may use a payment processing company to receive and process Customer’s ACH or credit card transactions for Intermax, or Intermax may contract with third parties to assist Intermax in optimizing Intermax’s network. Unless Intermax tells Customer differently, Intermax does not grant its Operational Service Providers any right to use the Personal Information Intermax shares with them beyond what is necessary to assist Intermax.
• For Business Transfers/Restructuring: Intermax may choose to purchase or sell assets, or go through some other change of control, including restructuring, bankruptcy, reorganization or other financing arrangements. Customer Personal Information is typically one of the business assets that would be disclosed and transferred to or acquired by a third party for such activity.
• For Protection of Intermax and Our Affiliates, Employees, Operational Service Providers, Users and Customers and Public Safety: Intermax reserves the right to access, read, preserve, and disclose any Personal
Information if Intermax believes doing so will:
• When Required by Law or in Response to Legal Process: Intermax reserves the right to access, read, preserve, and disclose any Personal Information when Intermax is required by law or legal process to do so, or if Intermax has a good faith belief that Intermax is required by law or legal process to do so.
- HOW DO WE PROTECT CUSTOMER PERSONAL INFORMATION?
Intermax endeavors to protect the privacy of Customer’s account and other Personal Information using reasonable administrative, technical and physical security measures. However, Intermax cannot and do 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.
Additionally, if Customer contacts Intermax via the Site, telephone or in person, Intermax will ask Customer for verification of Customer’s identification and account. Customers seeking access to Personal Information over the telephone must first provide Intermax with a password that was assigned or created without the use of any readily available biographical information. If Customer is unable to provide the correct password, Intermax may still disclose Personal Information, but must provide the information only by sending it to Customer’s physical address on file or by calling Customer on the telephone number on file. Intermax may discuss Personal Information with a Customer without a password on a Customer-initiated phone call, but only if Customer discloses call detail information unprompted and without Intermax Networks’ assistance. Customers may access Personal Information in-person at an Intermax office, however, Customers are required to provide a valid photo ID before Intermax may disclose Personal Information.
Intermax 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 Intermax or someone that claims they are with Intermax or Our Affiliates, please contact our Privacy Administrator immediately: firstname.lastname@example.org. For Intermax’s IT Support Services as detailed in our Services Agreement, the code that allows Intermax to access Customer’s computer desktop to help your resolve technical problems is limited only for that specific session. Intermax does not access Customer’s Computer without Customer’s knowledge, affirmative consent and involvement.
- WHAT DISCLOSURE AND OPT-OUT/OPT-IN CHOICES DO CUSTOMERS HAVE?
Customers can choose not to disclose any Personal Information to Intermax; however, certain Personal Information is necessary for Intermax to provide, maintain and bill for the Services to Customer. Here are additional choices:
• 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 Intermax or its Affiliates using the “Unsubscribe” mechanism in each email.
• Before Intermax sends Customer a text for any reason, or sends Customer a pre-recorded call that contains advertising or marketing information, Intermax 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.
• Customer understands, acknowledges and agrees that such texts and pre-recorded telemarketing calls may be sent using an autodialer.
• Such texts and pre-recorded telemarketing calls are not conditioned on Customer’s purchase of the Services.
• Customer may opt out of receiving text messages any time by replying “STOP” or “UNSUBSCRIBE” to the text message.
• Non-telemarketing pre-recorded calls do not require a Customer’s prior express consent in writing, unless they are sent to a wireless device. Customers may opt out of receiving pre-recorded calls by the opt-out instructions in the call. Customers can also request to be added to Intermax’s company-specific Do Not Call list to opt-out of advertising and marketing calls or texts of all types. However, Customer will continue to receive calls related to debt-collection and Customer’s current Services.
• Customer may also opt-out of First Party Advertising, but not Contextual Advertising.
Customers must contact Intermax via telephone, email or via our Site to opt-out of allowable categories listed above. Please tell us specifically what category(s) you wish to opt-out of.
- 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; and
• Billing and Service address
• Account and billing information
By contacting Intermax at email@example.com, or through any online access portal and/or via telephone, Intermax may enable Customers to view, access and modify Customer account settings, and in some cases, edit or delete the Personal Information listed above. Intermax will retain historic email, billing and/or Service addresses for security and verification purposes and Customers 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, Username and password, email address, telephone number; and billing and service address.
Intermax may use any aggregated data derived from Customer’s Personal Information but not in a manner that would identify Customer personally. Intermax may also maintain Personal Information regarding Customer and Customer’s use of the Service
after Customer is no longer a Intermax customer as required by Intermax’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 Intermax has on file about Customer, please contact Intermax at firstname.lastname@example.org.
If you have any questions or concerns regarding Intermax’s privacy practices and policies, please contact Intermax at email@example.com.
INTERMAX CALIFORNIA PRIVACY STATEMENT
YOUR CALIFORNIA PRIVACY RIGHTS
• For all requests, include Customer’s full name, street address, city, state, and zip code.
• In an email request, Customer must state “Re: Your California Privacy Rights” in the subject line and send Customer email to firstname.lastname@example.org
• In a postal request, Customer must send a letter or post card to: 7400 Mineral Drive, Suite 300, Coeur d’Alene, ID 83815 Attention: Your California Privacy Rights