SMART CITY FINANCE LLC, its affiliates, and subsidiaries (including, but not limited to Smart City Telecom and Smart City Metro)("Smart City", "we", "our" and "us") are committed to respecting and protecting the privacy of our customers. As discussed below, we have strict policies governing access by employees and others to customer communications and information.
The following principles express Smart City's commitment to meaningful privacy protections, and are intended to guide Smart City's efforts to balance privacy with customer interest in receiving quality services. These principles apply to our use of "personal information" - information that relates to you, including your address, phone number, fax number and email address - and "non-personal information", which is information that cannot be related back to you as a unique individual. Individual customer information is distinct from "aggregated" or “anonymized” customer information, which does not relate back to a unique individual Further, the examples provided below are intended to be illustrative, not all-inclusive.
Smart City obtains and uses customer information that helps us to provide our customers with quality Telecommunications services. In addition to supporting the direct provision of service, this information may be used to protect customers, employees and property against fraud, theft or abuse; and may be used to conduct industry or consumer surveys; and to maintain good customer relations. Access to databases containing customer information is limited to employees who need that information to perform their jobs. These employees are required to follow strict rules when handling customer information, and are subject to disciplinary action if they fail to do so.
In order to better serve our customers, we may ask them questions to elicit additional information about their special needs and interests through surveys. For example, we may ask whether customers work at home, whether any members of the household have special needs, or whether teenagers reside in the household in order to determine whether customers may be interested in or might benefit from additional lines or services. In all cases, the information we gather is used to facilitate the provision of quality customer service. We do not share this information with third parties to market non-Smart City services to our customers.
Smart City may collect information from you through communications such as via the web, or by phone, email or mail delivery, or through the services provided to you as the customer.
There are areas of the website that might require personal information in order to contact Smart City directly, specifically, when registering e-mails, obtaining remote access, and contacting online technical support.
Information may also be collected in the following ways:
- IP addresses may be collected for the purposes of system administration, to gather broad demographic information, and to monitor the level of activity on our site.
- Information may be collected regarding the referring URL, which browser you used to come to our site, and the pages of our site that you viewed during your visit and any search terms entered on our site.
- E-mails may be sent by the customer to Smart City on this website. Smart City may retain the information in any e-mail that you send to us, such as your name, e-mail, address, or telephone number.
- Smart City may monitor the network and take measurements of network performance and the performance of your Internet connection to improve the customer's, or Smart City's, overall service levels.
- During communications with Smart City for service support, we may also access information about your customer premise equipment such as computers and wireless modem devices or other device settings to provide customized technical support or to install specific applications or services for your use.
- Smart City reserves the right to access broadband traffic from individual accounts for the purposes of general maintenance and management of the network, as well as upon request by law enforcement officials.
- Smart City may obtain credit information about you from third parties when you purchase products or services from Smart City.
- We collect data about visitors to our subscriber website, using some automated means such as Google Analytics, and reserve the right to use other methods such as cookies, clear GIFs, and passive automatic electronic collection. We may work with third-party companies to engage in such collection.
- Smart City acts as a data processor with regard to indirect end user personal identifiable information and our clients act as the data controller of such data. In the course of Smart City’s processing and protection of such data, all use will be in conformity with the data controller’s instructions.
- Smart City shows personal contacts within the Smart City Connect Mobile Android and the Smart City Connect Mobile iOS applications only when enabled via system permission 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 Smart City’s API. Smart City does not store this number with any other personally identifiable information, and it cannot be directly or indirectly attributed to any person or persons. Smart City stores only the phone number and pertinent metadata so as to be compliant with all applicable state and federal laws, and Smart City 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.
- Smart City Connect Mobile Android and Smart City Connect Mobile iOS also use 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 ad 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 the Settings or via UIConfig, and his/her app experience is not hindered or interrupted.
Smart City uses customer information in a transparent fashion, and discloses to customers the types of information Smart City obtains about them how and when that information is used, when that information might be disclosed, the stringent measures we employ to protect that information, and ways that customers can restrict the use or disclosure of that information.
Smart City is committed to providing customers with opportunities to control how Smart City uses customer information about them. For example, customers may inform us of which telephone listings they want to include in our directories and in directory assistance and may also choose to have a non-published number, or a non-listed number, or to exclude your address from your listing. Customers in areas where Caller ID services are available have the ability to block the display of their phone numbers and names. (Note that Caller ID blocking does not prevent the transmission of your phone number when you dial certain business numbers, including 911, or 800, 888, 877, and 900 numbers.) Further, customers can express a preference not to be called for marketing purposes (please see Section III, below, for more information on Smart City's "Do Not Call" policy). Customers may also opt out of our direct mailings and other service marketing programs. (Please see Section II, below, for Smart City's policy on the use of "Customer Proprietary Network Information"). A customer may indicate a change in such preferences at any time by contacting Smart City customer service.
We do use individual customer information internally for planning purposes - so that we can, for example, develop, test and market new products and services that meet the needs of our customers. Ordinarily, such information is aggregated such that the information doesn’t relate back to a particular individual. Under certain circumstances, we are required by law to disclose the aggregated information to other companies, but in such cases customer identities are not included.
Ordinarily, Smart City will only share individual customer information with persons or entities outside the company to assist us in the provision of services to which the customer subscribes, or as required by law or to protect the safety of customers, employees or property. We do not use third-party marketers, nor do we share access to individual customer information derived from the provision of Smart City Telecommunications services with other companies interested in marketing other services to our customers - and we would not do so without the consent of the customer. Smart City is committed to ensuring that customer information is not used without the knowledge and permission of our customers.
However, there are exceptions to our general practice. For example, unless you request otherwise, we may share certain non-sensitive information with our affiliated companies with whom we have established business relationships. In addition, if Smart City enters into a merger, acquisition, or sale of all or a portion of its assets, a customer's personally identifiable information will, in most instances, be transferred as a part of the transaction, subject to required notices to affected customers. In addition, we may, where permitted by law, provide information to credit bureaus, or provide information and/or sell receivables to collection agencies, to obtain payment for Smart City billed products and services. We are also required by law to provide billing name and address information to a customer's long distance carrier and other telephone companies to allow them to bill for Telecommunications services. (By law, customers with non-published or unlisted service have the right not to have their billing name and address disclosed when they make a calling card call or accept a collect or third party call. However, if they do restrict disclosure, they will be unable to make calling card calls or accept collect and third party calls.) Similarly, we are required to provide directory publishers with subscriber listing information - name, address and phone number, and for yellow page advertisers, primary advertising classification - for purposes of publishing and delivering directories. In addition, under certain circumstances, we may share customer information with other carriers or with law enforcement, for example, to prevent and investigate fraud or other unlawful use of communications services.
We never tamper with, intrude upon or disclose the existence or contents of any communication or transmission, except as required by law or the proper management of our network. Access to databases containing customer information is limited to employees who need it to perform their jobs - and they follow strict guidelines when handling that information. We use safeguards to increase data accuracy and to identify and authenticate the sources of customer information. We use locks and physical security measures, sign-on and password control procedures, and internal auditing techniques to protect against unauthorized use of terminals and entry into our data systems. Smart City requires that records be safeguarded from loss, theft, unauthorized disclosure, and accidental destruction.
In addition, sensitive, confidential, or proprietary records are protected and maintained in a secure environment. It is our policy to destroy records containing sensitive, confidential, or proprietary information in a secure manner. Hard copy confidential, proprietary, or sensitive documents are made unreadable before disposition or recycling, and electronic media must be destroyed using methods that prevent access to information stored in that type of media. Just as employees would report stolen property, missing records and suspicious incidents involving records are referred to Smart City Management. We encourage our employees to be proactive in implementing and enforcing Smart City's privacy policies. If employees become aware of practices that raise privacy or security concerns, they are required to report them to their supervisors.
Smart City's Regulatory Compliance department is responsible for ensuring that all Smart City business units and their employees comply with privacy laws and regulations. Smart City also requires any consultants, suppliers and contractors that may come into contact with customer proprietary information to observe these privacy rules with respect to any of our customers' individual customer information. They must abide by these principles when conducting work for us, and they will be held accountable for their actions.
Smart City does not knowingly collect information about children. Smart City believes that children should get their parents' consent before giving out any personal information. Smart City encourages parents and legal guardians to participate in their child's experience using Smart City's services. Children should always ask a parent for permission before sending personal information to Smart City.
Customer and policymaker perceptions of privacy have changed over time and will continue to do so. Changes in technology can also alter what is appropriate in protecting privacy. Laws may change accordingly. We regularly examine - and update as necessary - Smart City's privacy policies and internal procedures to ensure compliance with applicable law and evolving technology. Smart City also will monitor customer needs and expectations. Smart City will work with policymakers and consumers to ensure that we continue to safeguard privacy, giving customers choices, flexibility and control. Smart City considers privacy laws and regulations to be the minimum standards to which we will adhere in protecting privacy. In addition to complying with the law, Smart City will adhere to its internal privacy policies and procedures wherever we do business.
Smart City may release customer information in response to requests from governmental agencies, including law enforcement and national security agencies, in accordance with federal statutory requirements or pursuant to court order. Before releasing any customer information, Smart City will ensure that the underlying governmental request satisfies all procedural and substantive legal requirements and is otherwise proper. For example, Smart City will ensure that any court orders are valid, properly issued, and legally enforceable. Except as required by law or with the approval of the customer, Smart City will not release any customer information in response to subpoenas or similar requests issued by private parties. Further, Smart City will be diligent in authenticating the validity of any "governmental" request to ensure that the request actually originates from an authorized government agency.
Customers count on Smart City to respect and protect the privacy of information we obtain in the normal course of providing Telecommunications services to our customers. Smart City is committed to protecting the privacy of all customer information, and in particular the privacy of customer proprietary network information (or CPNI).
Definition of "Customer Proprietary Network Information."
The term "customer proprietary network information" is defined by federal statute to mean: (i) information that relates to the quantity, technical configuration, type, destination, location, and amount of use of a Telecommunications service subscribed to by any customer of a Telecommunications carrier, and that is made available to the carrier by the customer solely by virtue of the carrier-customer relationship; and (ii) information contained in the bills pertaining to telephone exchange service or telephone toll service received by a customer of a carrier.
Use of Customer Proprietary Network Information.
Under federal law, you have the right to, and we have the duty to protect, the confidentiality of your CPNI. However, we may use CPNI without your consent, in a manner consistent with applicable law, to: (i) initiate, render, bill, and collect for our services; (ii) market services among the categories of service to which you already subscribe; (iii) provide inside wiring installation, maintenance, and repair services; (iv) provide maintenance and technical support for our services; (v) protect our rights and property, and protect users of our services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, these services; and (vi) provide any inbound telemarketing, referral, or administrative services for the duration of a customer-initiated call.
Further, after providing you with the required notice and opportunity to "opt out," we may use your CPNI, in a manner consistent with applicable law, to market additional communications-related services to you and conduct surveys in order to improve our service offerings.
Smart City will not use your CPNI for purposes other than those described above unless we first obtain your express "opt in" consent. For example, without such consent we will not use CPNI to market services not provided by Smart City, and will not share your CPNI with third parties (subject to the limitations discussed below).
Limits on the disclosure of CPNI outside Smart City.
As a general rule, Smart City does not use third-party marketers and will not disclose your CPNI to third party contractors without your explicit "opt in" consent. This means that our records of the services you buy and the calls you make generally will remain private if you choose to keep them so, since we will not ordinarily disclose this information to outside parties without your permission. However, we will release customer information without involving you if disclosure is required by law, or necessary to protect the safety of customers, employees or property. For example: When you dial 911, information about your location may be transmitted automatically to a public safety agency.
Certain information about your long distance calls may be transmitted to your long distance company for billing purposes. We are also required by law to give competitive local exchange carriers access to customer databases for purposes of serving their customers, to exchange credit information with other carriers, and to provide listings (other than certain non-published and non-listed information) to directory publishers.
We will disclose information as necessary to comply with law enforcement statutes, such as to comply with valid, properly issued, and legally-enforceable subpoenas, warrants and court orders.
We may, where permitted by law, share CPNI with third parties where necessary to provide the services to which you subscribe, to protect our rights or property, and to protect users of our services and other carriers from fraudulent, abusive or unlawful use of services.
We may, where permitted by law, provide CPNI to third parties such as credit bureaus, or sell receivables to collection agencies, to obtain payment for Smart City billed products and services.
Authentication to prevent unauthorized access to CPNI.
Smart City is committed to ensuring that only properly authorized individuals are able to access CPNI for legitimate purposes. This includes ensuring that any request by a "customer" to access CPNI is valid and properly authenticated, in accordance with applicable law and industry best practices. In general, our internal policies and procedures are designed to ensure that CPNI is not released to unauthorized individuals.
Further, if a "customer" calls us to access "call detail records" (which include the number called, the number from which a call was placed, and the time, location, or duration of any call), we will not release those records unless (i) during the call, the customer provides a pre-established password; (ii) the information is sent to the customer's address of record; or (iii) after the call, we call the customer's telephone number of record to provide the requested information. If a "customer" attempts to access CPNI through our website, we will only provide such access if the customer has first established a password and back-up authentication mechanism for the relevant account, in a manner that does not rely on readily-available biographical or account information. If a "customer" attempts to access CPNI by visiting a retail location in person, we will only provide such access if the "customer" presents valid photo identification matching the name of record on the account. (Note that different procedures may apply to certain business customers served by a dedicated account representative where the underlying service agreement addresses CPNI protection and authentication.) We also will notify you at your address of record if anyone changes the access authorization or authentication information associated with your account.
Notice of unauthorized access to CPNI.
As a company, we are vigilant in our efforts to protect your CPNI. However, should we become aware that your CPNI has been accessed without proper authority, we will take swift action to fully document and address such unauthorized access and provide appropriate notice. In particular, we will (i) notify law enforcement (including the United States Secret Service and the Federal Bureau of Investigation) within seven (7) business days; and (ii) notify you and any other affected customers within seven business days thereafter, unless earlier notification is necessary to avoid immediate and irreparable harm, or we are instructed by law enforcement personnel to refrain from providing such notice.
Any Smart City customer can express a preference not to be called by us for marketing purposes, and Smart City will respect such preference. A customer that does not wish to receive sales calls from Smart City specifically may ask to be placed on our company-specific "Do Not Call" list. We will note the customer's request immediately, although it may take up to 30 days for the customer's telephone number to be removed from any active lists or sales programs that are currently underway.
Any customer can ask to be put on our "Do Not Call" list by contacting Smart City's customer service department. All customers should call (407) 828-6700. The requesting customer should provide, at a minimum, the telephone number that is the subject of the request, although inclusion of the customer's name and address is also useful. If a customer is served by multiple telephone numbers, the customer should tell us all numbers that should be placed on the "Do Not Call" list.
A residential customer will remain on our "Do Not Call" list for five years, and a business customer will remain on our "Do Not Call" list for one year, unless the customer asks to be removed from the list by contacting our customer service department. If a customer's telephone number ever changes, the customer must give us updated information in order for the "Do Not Call" status to remain in effect.
Notwithstanding the fact that a customer's telephone number is on our "Do Not Call" list, we may still contact that customer with respect to surveys, billing, and other service-related matters. Further, the customer should understand that being on our "Do Not Call" list will not prevent calls from other companies unaffiliated with Smart City.
While we have made significant efforts to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure and we will not be held liable should a third party illegally obtain your personal information via Internet transmission.