Internet PRIVACY & Acceptable Use Policy
THIS POLICY STATES IMPORTANT REQUIREMENTS REGARDING YOUR USE OF HYPERFLEX SERVICES AS WELL AS YOUR RELATIONSHIP WITH HYPERFLEX AND PRIVACY POLICY. PLEASE READ THIS POLICY CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OURS.
IF YOU DO NOT AGREE TO COMPLY WITH THIS POLICY, YOU MAY NOT USE HYPERFLEX SERVICES.
Introduction
It is Hyperflex Broadband LLC's ("Hyperflex", "we", "us", "our") intent to provide our customers with excellent Internet services through Broadband technology. In order to accomplish this objective, we have adopted this Internet Privacy & Acceptable Use Policy (the “Policy”). This Policy outlines the acceptable uses of the internet services provided by Hyperflex (collectively, the “Services;” individually, the “Service”) and our expectations for customer privacy and the handling of their data.
Hyperflex may revise this Policy from time to time without notice by posting an updated version of this document on www.hyperflexbb.com/broadband/Internet-Acceptable-Use-Policy. All revised versions of this Policy are effective immediately upon posting and once you accept them by utilizing the Service. In the event of a conflict between other policies or communications from Hyperflex and this Policy, the terms of this Policy shall govern.
Prohibited Uses and Activities
You agree not to use the Service(s), or any Hyperflex equipment, or allow others to use the Service(s) or equipment, to do any of the following, and acknowledge and agree that by doing so Hyperflex may at our discretion immediately terminate your Service:
(i) undertake any unlawful, fraudulent, or criminal purpose;
(ii) post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be harassing, threatening, invasive of privacy, defamatory, racially or ethnically offensive, regardless of whether such information or material or its dissemination is unlawful;
(iii) access any other person’s computer or computer system, software, or data without his/her consent or attempt to circumvent the user authentication or security of any host, network, or account;
(iv) use or distribute tools designed or used for compromising security;
(v) unauthorized port scanning or denial of service attacks ("DoS");
(vi) interfere with the ability of any other person to use or enjoy the Services, or engage in activities designed to degrade, or have the effect of degrading, service to Hyperflex users or others;
(vii) applicable for residential service only: transmit unsolicited bulk or commercial messages or “spam;”
(viii) upload, post, publish, transmit, reproduce, create derivative works of, distribute, or engage in any activity that infringes upon, or assists others in infringing upon, the intellectual property rights (including rights granted by any applicable copyright law) of any person or entity, including Hyperflex;
(ix) applicable for residential service only: run programs, equipment, or servers that provide network content or any other services to anyone outside of your local area network for commercial purposes (also commonly referred to as commercial public services or servers);
(x) applicable for residential service only: participate in the collection of personal information, responses from unsolicited messages or other identifiers of others (without their prior consent);
(xi) impersonate any person or entity, engage in sender address falsification, forge anyone else’s digital or manual signature, falsify, alter or remove any packet or message header (or any part thereof), including references to Hyperflex network in the header, list a Hyperflex IP address in any unsolicited bulk email message, or perform any other similar fraudulent activity;
(xii) connect Hyperflex equipment to any computer or network device outside of your premises;
(xiii) knowingly violate the rules, regulations, or policies applicable to any network, server, computer database, or website that you access;
(xiv) damage the name or reputation of Hyperflex, its affiliates, or subsidiaries;
(xv) use any name or mark of Hyperflex, its affiliates, or subsidiaries in any manner not expressly authorized in writing by Hyperflex;
(xvi) applicable for residential service only: operate a call-center service, telemarketing-center service, monitor service, intercom service, conference-bridge service, transcription service;
(xvii) applicable for residential service only: use service for any commercial, retail, resell or enterprise business use;
(xviii) applicable for residential service only: make mechanized voice calls, including, but not limited to, extensive call forwarding, the use of auto-dialers, the use of fax machines for fax blasting or fax broadcasting, or the use of voice programs for voice blasting;
(xvix) applicable for residential service only: use the service or allow the service to be used for Wi-Fi hot spot or backhaul services, streaming video upload, for machine to machine (M2M) communication, or real time instrumentation streaming, or for paid subscription usage without explicit written authorization from Hyperflex;
(xvx) applicable for residential service only: for any medical, health, or safety use;
(xvxi) engage in any action that circumvents or thwarts Hyperflex’s enforcement of its network management practices described in Hyperflex’s Network Management Policy.
Copyright Infringement / Abuse Reporting
Hyperflex is committed to complying with any applicable copyright and related laws, and requires all customers and users of the Service to comply with these laws. In accordance with applicable laws, it is Hyperflex’s policy to reserve the right to terminate the Service(s) of any user who infringes upon the intellectual property rights of another or are participating in unlawful online activity, including repeat infringers, or who Hyperflex believes, in its sole discretion, is infringing upon such rights.
Copyright owners may report alleged infringements of their works that are accessed through the Service by sending Hyperflex’s authorized agent a notification of claimed infringement specifying the infringed work and to what extent they are the owner of the work. Upon Hyperflex’s receipt of a satisfactory notice of claimed infringement, Hyperflex shall notify the user associated with the alleged infringement. If the affected customer or user believes in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then that person may send a counter-notification to Hyperflex. Upon Hyperflex’s receipt of a counter-notification, Hyperflex will provide a copy of the counter-notification to the person who sent the original notification of claimed infringement and will follow any procedures required under applicable laws with respect to a counter-notification. In all events, Hyperflex will not be a party to any dispute or lawsuit regarding alleged copyright infringement.
Copyright owners may send Hyperflex a notification of claimed infringement to report any alleged infringement of their works to:
Hyperflex Abuse
The same contact information above can be used by law enforcement wishing to report abusive behavior and engage Hyperflex network operators.
General
Although Hyperflex has no obligation to monitor the Services and/or its network, Hyperflex and its authorized agents and/or suppliers reserve the right at any time to monitor bandwidth, usage, transmissions, and content from time to time in order to operate the Services, identify violations of this Policy or customer agreement, or protect the network, the Services and Hyperflex users. If the Services are used in a way that Hyperflex, in its sole discretion, believes violate this Policy or a customer agreement, Hyperflex may take any responsive actions it deems appropriate, including refusing to transmit or post, or removing or blocking, any information or materials, in whole or in part. Neither Hyperflex nor its affiliates, subsidiaries, suppliers, officers, directors, employees or agents will have any liability for any of these responsive actions. These actions are not Hyperflex exclusive remedies and Hyperflex may take any other legal or technical action it deems appropriate.
The failure or discretion of Hyperflex to enforce this Policy, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that if any portion of this Policy is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect.
The provisions of this Policy are not meant to be exhaustive. Generally, any conduct that violates law, regulation, or the accepted norms and ethics of the Internet community or the community at large, whether or not expressly mentioned in this Policy, is prohibited.
Internet Provisions
Hyperflex does not endorse or in any way vouch for any content on or made available through the Service. Any content on or made available through the Service does not constitute or reflect the views or approval of Hyperflex or any of its directors, officers, employees, subsidiaries or affiliates. You acknowledge that content on or made available through the Service might consist of, include and/or provide access to images, sound, messages, text, services or other content and material that may be unsuitable for minors and that may be objectionable to many adults. You acknowledge that Hyperflex is not responsible for any such content or material and agree that access to same through use of the Service is at your sole risk. The reliability, availability, legality, performance and other aspects of resources accessed through the Service are beyond Hyperflex’s reasonable control. You acknowledge that safeguards relative to copyright, ownership, appropriateness, reliability, legality and integrity of content may be entirely lacking with respect to the Internet and content accessible through it.
You agree that your use of the Service is at your sole risk. Service is provided using a public internet connection and you should take all precautions for the security of your device and information. Because of the number of possible sources of information available through the Service, and the uncertainties of electronic distribution and WI-FI technology, there may be interruptions, delays, omissions, inaccuracies, or other problems with such information or the Service. If you rely on the Service or any material available through the Service, you do so at your own risk. To the maximum extent allowed by the applicable law, you understand that you are solely responsible for any damage caused by your use of the Service, including without limitation, damage to your computer system, loss of data, or other harm that results from any material and/or data downloaded from, transmitted by, or otherwise provided through or in connection with use of the Service.
PRIVACY POLICY
This privacy notice describes how and why we might collect, store, use, and/or share ("process") your information when you use our services. Reading this privacy notice will help you understand your privacy rights and choices. If you do not agree with our policies and practices, please do not use our Services. If you still have any questions or concerns, please contact us at contact@hyperflexbb.com.
SUMMARY OF KEY POINTS
What personal information do we process? When you visit, use, or navigate our Services, we may process personal information depending on how you interact with Hyperflex and the Services, the choices you make, and the products and features you use.
Do we collect or process any sensitive personal information? We do not collect or process sensitive personal information.
Do we receive any information from third parties? We only receive information from third parties in the form of referrals or data that is needed to deliver and maintain your Service.
How do we process your information? We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent. We process your information only when we have a valid legal reason to do so.
In what situations and with which parties do we share personal information? We may share information in specific situations and with specific third parties only as needed to deliver and maintain your Services.
How do we keep your information safe? We have organizational and technical processes and procedures in place to protect your personal information. However, no electronic transmission over the internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information.
PRIVACY DETAILS
1. WHAT INFORMATION DO WE COLLECT?
Personal information you disclose to us
In Short: We collect personal information that you provide to us.
We collect personal information that you voluntarily provide to us when you express an interest in obtaining information about us or our products and Services, when you participate in activities on the Services, or otherwise when you contact us.
Personal Information Provided by You. The personal information that we collect depends on the context of your interactions with us and the Services, the choices you make, and the products and features you use. The personal information we collect may include the following:
names
phone numbers
email addresses
mailing addresses
usernames
passwords
contact preferences
contact or authentication data
billing addresses
debit/credit card numbers
Sensitive information is a type of personal information. If revealed, it can leave an individual vulnerable to discrimination or harassment. Laws protect personal information as a whole, but add extra focus to sensitive information because of possible impacts to a person's livelihood, quality of life, and ability to participate in daily activities.
Race or ethnic origin, religion, political affiliations, sexual orientation, criminal history, and trade union or association memberships are all considered sensitive information. Any information about biometrics, genetics or medical history is also treated as sensitive information.
We do not collect or process sensitive information.
Payment Data. We may collect data necessary to process your payment if you make purchases, such as your payment instrument number, and the security code associated with your payment instrument. All payment data is stored by Stripe. You may find their privacy notice link(s) here: https://stripe.com/privacy.
All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information.
2. HOW DO WE PROCESS YOUR INFORMATION?
In Short: We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent.
We process your personal information for a variety of reasons, depending on how you interact with our Services, including:
To deliver and facilitate delivery of services to the user. We may process your information to provide you with the requested service.
To respond to user inquiries/offer support to users. We may process your information to respond to your inquiries and solve any potential issues you might have with the requested service.
To send administrative information to you. We may process your information to send you details about our products and services, changes to our terms and policies, and other similar information.
To fulfill and manage your orders. We may process your information to fulfill and manage your orders, payments, returns, and exchanges made through the Services.
To enable user-to-user communications. We may process your information if you choose to use any of our offerings that allow for communication with another user.
To request feedback. We may process your information when necessary to request feedback and to contact you about your use of our Services.
To send you marketing and promotional communications. We may process the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. You can opt out of our marketing emails at any time. For more information, see "WHAT ARE YOUR PRIVACY RIGHTS?" below).
To protect our Services. We may process your information as part of our efforts to keep our Services safe and secure, including fraud monitoring and prevention.
To identify usage trends. We may process information about how you use our Services to better understand how they are being used so we can improve them.
To comply with our legal obligations. We may process your information to comply with our legal obligations, respond to legal requests, and exercise, establish, or defend our legal rights.
3. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?
In Short: We may share information in specific situations described in this section and/or with the following third parties.
We may need to share your personal information in the following situations:
Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
When we use Google Maps Platform APIs. We may share your information with certain Google Maps Platform APIs (e.g., Google Maps API, Places API). To find out more about Google’s Privacy Policy, please refer to this link. We use certain Google Maps Platform APIs to retrieve certain information when you make location-specific requests. This includes: Geolocation information; Address information; and other similar information. A full list of what we use information for can be found in this section and in the previous section titled "HOW DO WE PROCESS YOUR INFORMATION?". We obtain and store on your device ("cache") your location. You may revoke your consent anytime by contacting us at the contact details provided at the end of this document. The Google Maps Platform APIs that we use store and access cookies and other information on your devices. If you are a user currently in the European Economic Area (EU countries, Iceland, Liechtenstein, and Norway) or the United Kingdom, please take a look at our Cookie Notice.
Affiliates. We may share your information with our affiliates, in which case we will require those affiliates to honor this privacy notice. Affiliates include our parent company and any subsidiaries, joint venture partners, or other companies that we control or that are under common control with us.
Business Partners. We may share your information with our business partners to offer you certain products, services, or promotions.
4. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
In Short: We may use cookies and other tracking technologies to collect and store your information.
We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information.
5. HOW LONG DO WE KEEP YOUR INFORMATION?
In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law.
We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements).
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
6. HOW DO WE KEEP YOUR INFORMATION SAFE?
In Short: We aim to protect your personal information through a system of organizational and technical security measures.
We have implemented appropriate and reasonable technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the Services within a secure environment.
7. DO WE COLLECT INFORMATION FROM MINORS?
In Short: We do not knowingly collect data from or market to children under 18 years of age.
We do not knowingly solicit data from or market to children under 18 years of age. By using the Services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Services. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 18, please contact us at abuse@hyperflexbb.com.
8. WHAT ARE YOUR PRIVACY RIGHTS?
In Short: You may review, change, or terminate your account at any time.
If you are located in the EEA or UK and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: https://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
If you are located in Switzerland, the contact details for the data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html.
Withdrawing your consent: If we are relying on your consent to process your personal information, which may be express and/or implied consent depending on the applicable law, you have the right to withdraw your consent at any time. You can withdraw your consent at any time by contacting us by using the contact details provided in the section "HOW CAN YOU CONTACT US ABOUT THIS NOTICE?" below.
However, please note that this will not affect the lawfulness of the processing before its withdrawal nor, when applicable law allows, will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.
Opting out of marketing and promotional communications: You can unsubscribe from our marketing and promotional communications at any time by clicking on the unsubscribe link in the emails that we send, replying "STOP" or "UNSUBSCRIBE" to the SMS messages that we send, or by contacting us using the details provided in the section "HOW CAN YOU CONTACT US ABOUT THIS NOTICE?" below. You will then be removed from the marketing lists. However, we may still communicate with you — for example, to send you service-related messages that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes.
If you have questions or comments about your privacy rights, you may email us at abuse@hyperflexbb.com.
9. CONTROLS FOR DO-NOT-TRACK FEATURES
Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.
10. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.
California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.
If you are under 18 years of age, reside in California, and have a registered account with Services, you have the right to request removal of unwanted data that you publicly post on the Services. To request removal of such data, please contact us using the contact information provided below and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Services, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g., backups, etc.).
11. DO WE MAKE UPDATES TO THIS NOTICE?
In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws.
We may update this privacy notice from time to time. The updated version will be indicated by an updated "Policy last updated on" date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.
12. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
If you have questions or comments about this notice, you may email us at abuse@hyperflexbb.com or by post to:
Hyperflex Broadband LLC
487 Holly Drive
Homerville, GA 31634
United States
13. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?
Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it. To request to review, update, or delete your personal information, please fill submit a request to abuse@hyperflexbb.com .
This Policy was last updated on March 11, 2023.