Flume Privacy Policy for Subscribers

Overview

Flume understands our customers care about how Flume uses, maintains, and shares the information we collect about them, and the choices they have regarding that use and sharing. Flume holds customer privacy in the highest regard, and we are committed to protecting your privacy as described in this Privacy Notice. We value the trust you place in us as a customer when you subscribe to one or more of the Services described below.

This Flume Customer Privacy Notice (the “Privacy Notice” or “Notice”) describes: (1) the types of personal information Flume collects when you subscribe to, use, and/or access our Services; (2) how we use, share, and protect that information; (3) how long we retain that information; and (4) the legal limitations imposed on our collection, use, and sharing of information that information.

This Notice also provides you with information about how to access, review, and correct your personal information, how to set privacy preferences and opt out of certain uses and sharing of your personal information, and your rights under applicable law and this Notice concerning your personally identifiable information.

Entities Covered

In this Notice, the terms “Flume,” “we,” “us,” or “our” refer to the operating company, subsidiary, or affiliate of Flume, Inc. that delivers the Services. The term “you” refers to you as a subscriber to the Services.

Services Covered

This Privacy Notice applies to Flume-provided Internet services. Collectively, these are referred to as the “Services” throughout this Privacy Notice.

Information Covered

This Privacy Notice does not apply to (1) information that may be collected through any products, services, websites, or applications other than the Services, even if you access those other products, services, websites, or applications through our Services and/or those products, services, websites or applications are co-branded with Flume brands or the brands or logos of our affiliated companies; (2) information collected by devices not provided by Flume as part of the Services, such as a “smart TV,” or through a third-party (non-Flume) mobile application; or (3) interactions with third-party providers that you may access through the Services, such as online video providers you may reach through our Internet services. You should read the privacy policies for these other products, services, websites, and applications to understand whether and how they apply to you and the data they collect about you.

Please read this entire Privacy Notice to understand our privacy policies and practices. You can also find answers to your specific questions quickly by using the links below.

I. Collection of Information

This section describes the types of information Flume collects when you subscribe to, use, and/or access the Services.

Information You Provide to Us

We collect personal information that you provide to us when you create an account with us or when you call us, use online account tools (for example, when you access your Flume dashboard or chat online with an agent), report service issues, complete customer surveys, enter contests and promotions, or otherwise communicate with us. This information includes:

Information We Collect When You Use the Services

We also collect information about your account and your use of the Services, which may include:

Information Provided by Third Parties

We also obtain personal information about you from third parties. For example, when you request new or additional Services or features from us, we may obtain credit information from credit reporting agencies. Additionally, if you rent your residence, we may have a record of whether landlord permission was required prior to installing our Services as well as your landlord's name and address.

We may obtain additional personal information about you from third parties such as demographic data (for example, gender, age, and census records, etc.), location data (for example, designated market area, zip code, etc.), interest data (for example, sports, travel, and other recreational activities, shopping preferences, etc.), or purchase data (for example, public records, loyalty programs, contact information, etc.). We may combine the personal information we collect from third parties with information in our business records, including information about your use of the Services. We may also combine information about your use of the Services with information we obtain from your use of other products, services, websites, and applications from Flume. We use this combined data as described in the “Use of Information” section below.

II. Use of Information

We use the personal information we collect to provide and improve the Services and our network, to communicate with you, to deliver relevant advertising, to create measurement and analytics reports, and to provide additional features and offerings. Sometimes we use information that personally identifies you, such as when we are authenticating your account or communicating with you. We also maintain and use information in de-identified or aggregated forms that do not identify you.

To Provide and Improve the Services

We use the information we collect to conduct business activities related to providing you with the Services, including:

We also use the information we collect to measure and analyze how our customers are using the Services.

For Internet services, we analyze customer usage data, such as the amount of bandwidth that is being used, the peak times of usage, or the types of services that are being used. However, we do not collect information related to your use of any particular third party service provider’s services.

To Communicate with You

We also use the information we collect to deliver and personalize our communications with you. For example, we may use the contact information you provide to inform you of Service updates or the status of a service request or outages, to invite you to participate in a survey, to collect amounts you owe, or in connection with other activities related to the Service. We will provide you with service-related announcements, such as a pricing change, a change in operating policies, a service appointment, or new features of one or more of the Services you receive from us through emails, texts, calls, Flume-provided equipment, and other communications methods. You may edit your contact information by visiting your Flume dashboard.

To Provide Recommendations and Deliver Relevant Advertising and Marketing

We may also use information about you and/or your use of the Services or other services we provide to send you promotional communications for the Services and other products and services we think may be of interest to you.

These promotional communications and advertisements may be directed to you because of the way you use the Services, because you live in a certain geographic area, or based on demographic and interest information that we collect or obtain from other companies. These communications may be subject to your consent, as described in Section IV of this Notice (“Your Choices”). In no event will Flume give your name or other personally identifying information to an advertiser.

To Create Analytics and Measurement Reports

We and service providers who work on our behalf may use and combine data from our business records – including account information and other usage data – with data from third parties to create measurement and analytics reports. These reports do not contain any information that personally identifies you and instead contain de-identified or aggregate information.

We use these reports for many of the purposes described above, such as for improving the Services, creating and delivering more relevant advertising on behalf of Flume and other third parties, determining whether and how an advertiser’s messages are viewed, and analyzing the effectiveness of certain advertisements on the Flume platforms and services and other platforms and services. We also use these reports to work with academic or research groups, and for other uses that help us develop and fund improvements in services and infrastructure. We may share these reports with programmers, advertisers, or others. To learn about the choices you have with respect to our use of your information for these purposes, see Section IV of this Notice (“Your Choices”).

III. Sharing & Disclosures of Information

We limit the personal information we share and disclose to others as described below.

Service Providers

In order to provide and support the Services, sometimes we use third-party companies as service providers that work on our behalf to transmit, collect, process, or store information for us. We require these service providers to treat the information we share with them as confidential and to use it only for the purpose of providing the services for which they have been engaged. These engagements typically include services such as billing and collections, administration, auditing and accounting, professional advice and consulting, surveys, marketing, service delivery and customization, maintenance and operations, security incident verification and response, service notifications, fraud prevention, and services to improve our programming and advertising offerings. For example, Flume uses service providers to process payments for us and we may share your payment information with those billing processors when you make a payment.

Account Owners and Users

Flume may disclose any information about a customer’s account and use of the Services and their features to the primary account owner after appropriate authentication. The primary account owner may also authorize other users to access information on the account, and that may include data about you and your use of the Services.

Third Parties for Marketing Purposes

We will not share, sell, license, rent, or otherwise permit access to information that personally identifies you to an unaffiliated third party for that third party to market its products or services to you. We may, however, share de-identified or aggregate information with third parties for their own uses when those third parties commit to not re-identify that information or share it with others who may attempt to do so.

Other Third Parties

To the extent permitted by applicable law, we may disclose your name and address to non-governmental entities, such as charities or businesses, so long as such disclosure does not reveal, directly or indirectly, the extent of your use of the Services or the nature of any transaction you make over our cable system. You have the right to prohibit or limit this kind of disclosure by asking to be placed on our “do not disclose” list, as described in Section IV of this Notice (“Your Choices”).

Business Reorganization

If we (or our parent company) enter into a merger, consolidation, reorganization, acquisition, or sale of all or a portion of our assets, or in the event of a bankruptcy or dissolution, information about you and your subscription, including information that personally identifies you, may be one of the items transferred as part of the transaction.

When Required by Law or To Protect Flume and Others

There are times when we may be required by law to disclose information about you to third parties. These disclosures may be made with or without your consent, and with or without notice, in compliance with the terms of valid legal process such as a subpoena, court order, or search warrant.

Flume may be required to disclose information that personally identifies you to a governmental entity in response to a court order. In this case, the Cable Act (defined below in Section V) requires that you 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.

If you subscribe to the Services, Flume may be required to disclose information that personally identifies you to a governmental entity in response to a subpoena, court order, or search warrant, depending on the type of information sought. We are usually prohibited from notifying you of any such disclosures by the terms of the legal process. We may also seek your consent to disclose information in response to a governmental entity’s request when that governmental entity has not provided the required subpoena, court order, or search warrant.

A non-governmental entity, such as a civil litigant, can seek information that personally identifies you or your use of the Services only pursuant to a court order and we are required by the Cable Act to notify you of such court order. If Flume is required to disclose information that personally identifies you to a private third party in response to a civil court order, we will notify you prior to making such disclosure unless legally prohibited from doing so.

We may also disclose information that personally identifies you as permitted by law and without your consent when it is necessary to protect our customers, employees, or property; in emergency situations; for fraud prevention purposes; or to enforce our rights under our terms of service and policies.

IV. Your Choices

In many instances, you have choices about how we communicate with you and how we use and share your information.

Opting In to the Use of CPNI to Market Additional Products and Services to You

If you are a Service subscriber, when you are interacting with one of our customer service representatives, such as on a call, in our offices, or during an online chat session, we may ask you for your oral consent to the use of your customer proprietary network information or “CPNI” for the purpose of reviewing your account and providing you with an offer for other products and services. If you provide consent, Flume may use your CPNI only for the duration of that telephone call or discussion in order to offer you additional services. If you deny or restrict your approval for us to use your CPNI, you will suffer no effect, now or in the future, on how we provide any services to which you subscribe.

V. Your Rights under Federal and State Law

This Notice is designed to comply with federal and state law requirements, including California law, which is applicable to our customers located in California who are served by a cable television corporation.

The Cable Act and Personally Identifiable Information

This Privacy Notice is designed to comply with Section 631 of the federal Cable Communications Policy Act of 1984, as amended, (the “Cable Act”). The Cable Act permits Flume to use the cable system to collect personally identifiable information about you. Personally identifiable information is information that identifies you specifically; it does not include de-identified, anonymous, aggregate, or other data that does not identify you. We may collect personally identifiable information when it is necessary to render cable services or other services to you and to detect unauthorized reception or use of the services. We may use the cable system to collect personally identifiable information about you for additional purposes with your prior written or electronic consent. The Cable Act also permits Flume to disclose personally identifiable information if the disclosure is necessary to render, or conduct a legitimate business activity related to, the cable service or other services provided to you; required by law or legal process; or limited to your name and address, subject to your opt-out consent. The frequency of any disclosure of personally identifiable information varies in accordance with our business needs and activities as described in this Notice. If you believe that you have been aggrieved by any act of ours in violation of the Cable Act or other applicable laws, we encourage you to contact us directly as described below in “How Do I Contact Flume?” 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.

This Privacy Notice neither supersedes, enhances, nor modifies any arbitration agreement to which you may be bound as a subscriber to one or more of the Services.

The Communications Act and CPNI

Section 222 of the Communications Act of 1934, as amended (the “Communications Act”), provides additional privacy protections for information about the quantity, technical configuration, type, destination, location, and amount of your use of telecommunications services and the information about those services contained on your bill. This information is known as customer proprietary network information or “CPNI.” CPNI does not include your name, address, and telephone number, which is defined by the Communications Act as “subscriber list information.” However, that information is otherwise considered personally identifiable information.

If you are a customer of Services that are subject to these requirements, you have the right, and Flume has a duty, under the Communications Act and other applicable laws, to protect the confidentiality of your CPNI. In addition, the FCC’s rules provide additional privacy protections and choices regarding use and sharing that are specific to our voice services that we describe in this Notice.

VI. Accessing and Correcting Information

It is important that your account records contain accurate information. You may correct or update information about your account as described below. We will correct our records upon reasonable verification that the changes you request are proper.

If you have Internet access, you can view and change certain information yourself by going to https://app.flumeinternet.com and signing in with your Flume username and password to access the Flume dashboard feature.

VII. Other Important Information

Protecting the Information We Collect

We follow industry-standard practices to secure the information we collect to prevent the unauthorized access, use, or disclosure of information about our customers. These security practices include technical, administrative, and physical safeguards, which may vary, depending on the type and sensitivity of the information. Although we take the responsibility of safeguarding your information seriously, we cannot guarantee that these practices will prevent every unauthorized attempt to access, use, or disclose your information.

Data Retention

Flume maintains personal information in its regular business records while you subscribe to one or more of the Services. We also maintain this information for a period of time after you no longer subscribe to a Service 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, de-identify, or anonymize the information according to our internal policies and procedures.

Changes to the Privacy Notice

As required by the Cable Act, we will provide you with a copy of the current PrivacyNotice 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 or required by law.

We may modify this Notice at any time. You can view the most current version of this Notice by going to https://flumeinternet.com/privacypolicy/. If we make material changes to this Privacy Notice, then we will provide you at least 30 days’ notice and will also notify you by e-mail, direct mail, bill messaging, or other reasonable methods that we select. If you continue to use the service following notice of the changes, we will deem that to be your acceptance of and consent to the changes in the revised Privacy Notice. If we make material changes that will result in a new use, disclosure, or permission of access to previously collected information that personally identifies you, we will notify you within 30 (thirty) days of any such changes. If you do not respond within thirty (30) days of notification, we will assume the no response as your opt-in consent to those specific changes.

How Do I Contact Flume?

If you have any questions or suggestions regarding this Privacy Notice, or wish to contact us about your personally identifiable information, please reach us as follows:

Phone:

646.893.0466

Website:

https://flumeinternet.com/

Mail:

Flume, Inc.

Attn: Legal Services

315 Madison Ave, 3rd Floor

New York, NY 10017

Revised and effective: Dec 2020