Your California Privacy Rights
• For all requests, include Subscriber’s full name, street address, city, state and zip code.
• In a postal request, Subscriber must send a letter or post card to:
HVW’s Site and Services are designed and targeted to United States audiences and are governed by and operated in accordance with the laws of the U.S. If Subscriber is not a U.S. citizen or does not reside in the U.S., Subscriber voluntarily consents to the collection, transfer, use, disclosure and retention of Subscriber Personal Information in the U.S. Subscriber also agrees to waive any claims that may arise under Subscriber’s own national laws.
When Subscriber uses the Site and Services, the Personal Information Subscriber sends and receives is transmitted over wired and wireless networks and may be subject to interception by unauthorized third parties who seek to do you harm. While it is HVW’s objective to take reasonable measures to reduce the risk that unauthorized third parties will be able to intercept the information Subscriber sends and receives through the Site and Services, HVW cannot and does not make any guarantee that transmissions over the Internet are 100% secure or error-free.
What Information does HVW collect and how does HVW use this Information?
Generally, HVW collects and uses Personal Information internally in connection with providing the Site and Services to Subscriber, including to personalize, evaluate and improve the Site and Services, to contact Subscriber, to respond to and fulfill Subscriber requests, and to analyze how Subscriber uses the Site and Services.
HVW collects and uses various types of information about Subscribers and Subscribers’ use of the Site and Services via various features and registration pages, Help Desk and call centers, postal mail, remote kiosks, the HVW Facebook Page or other social network platforms, or by other means. Such information is generally classified as Personal Information or Non-Personal Information.Personal Information
Personal Information is the information Subscriber provides to HVW voluntarily or passively through Subscriber use of the Site and/or Services, and information which is directly associated with or reasonably linked to a specific person, computer or device. For example, we collect and use Personal Information through the registration process, when the equipment to provide the Service is installed, maintained or upgraded at Subscriber’s premises, and when Subscriber contacts HVW regarding the Site or Services. Through Subscriber account settings, HVW collects and uses Personal Information such as Subscriber name, email address, landline and/or wireless telephone number, postal address, billing address (if different) and billing information (such as credit/debit card account number or other financial account information), service address, and the nature of any of Subscriber devices or other property making use of the Services. Personal Information also includes Subscriber [customer] proprietary network information (“CPNI”) which is collected and used to provide VoIP services to you. 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. Subscriber may be required to provide certain Personal Information to assist HVW in improving Subscriber’s Service or troubleshooting problems Subscriber is experiencing with the Site or Service, Subscriber computer or device, or otherwise to improve the quality of the Services.
HVW will communicate with Subscriber if Subscriber has provided HVW the means to do so such as submission of a Subscriber’s postal address, email address or phone number. HVW will mail, email, call or text Subscriber about Subscriber’s use of the Services or product improvements or upgrades, and other transactional information about Subscriber’s service.
HVW may also combine Personal Information with additional data obtained from HVW’s Facebook Pages or other social network platforms, its Affiliates, and its agents, representatives and contractors (third party owned companies that provide or perform services on HVW’s behalf, to help serve Subscribers better and to perform functions in order to support HVW’s businesses and operations), or other companies, such as credit bureaus, background check firms, and marketing research companies.
Some forms of Non-Personal 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.Non-Personal Information
Technology is improving every day and to improve HVW’s operations and functions HVW may introduce new technologies and monitoring techniques without advance notice or consent from Subscriber. HVW may also use third party providers to conduct such internal functions and analyses.Network Information
HVW also collects and uses HVW Network Information, information about Subscriber access to, and use of, the HVW Network, which may or may not be directly associated with or reasonably linked to a specific person, computer or device. For example, HVW may collect use information about the performance of the our equipment installed on Subscriber property or at Subscriber premises, when Subscriber is using the Services, the various devices Subscriber is using to access the Services, the amount of data Subscriber is transmitting and receiving, the content of the data Subscriber are transmitting and receiving, the websites Subscriber is visiting, and any other information that is transmitted over the HVW Network. HVW may also aggregate HVW Network Information from multiple Subscribers and share such aggregated Non-Personal information about the overall performance of the HVW Services and HVW Network with our Affiliates and other third parties. Aggregated information does not identify a specific individual, computer or device.
Under the Digital Millennium Copyright Act (DMCA), copyright owners have the right to notify Hudson Valley Wireless’s registered agent if they believe that one of our clients has infringed on their work(s). When Hudson Valley Wireless’s receives a complaint notice from a copyright owner, Hudson Valley Wireless’s will notify the customer of the alleged infringement by providing them a copy of the submitted DMCA notice. As required by law, Hudson Valley Wireless’s enforces a graduated response policy to complaints that may lead to suspension or termination of service. Hudson Valley Wireless’s policy is to cancel the internet services for any customer receiving five or more DMCA notices annually and to assess a $100 Administrative Fee for the processing and handling of every complaint received after the second.
John R. Guzzo LLC dba as Hudson Valley Wireless (“HVW”, “we,” “our,” or “us”) is a provider of Broadband Internet Access. We are committed to providing our services as an open platform for innovation, investments, job creation, economic growth and free expression. HVW is committed to an open Internet and supports the following Net Neutrality principles:• Transparency
This Open Internet Policy sets forth certain information regarding the policies and practices of HVW and how we manage our network for broadband Internet access service (the “HVW Network”). This Open Internet Compliance Statement is a supplement to and is incorporated by reference in our Master Services Agreement (“Service Agreements’”) (available at: https://www.hvwisp.com/index.php/support/download-subscriber-agreement), and in the event of any inconsistency between this Open Internet Policy and the Service Agreements, this Open Internet Compliance Statement shall control.
HVW’s broadband access service is primarily a fixed wireless service. Generally, given the nature of fixed wireless services, certain circumstances may affect the speed and quality of the Service, including but not limited to foliage, line-of-sight obstructions, the distance between a Subscriber’s premises, RF interference and the transmission point, as well as the Subscriber’s connection of multiple devices to the HVW Network. Although we have engineered the HVW Network to provide consistent high-speed data services, some network management for these scenarios is required, because very heavy data usage by even a few Subscribers at times and places of competing network demands can affect the performance of all Subscribers.I. NETWORK MANAGEMENT PRACTICES
A. Blocking: Other than reasonable network management practices disclosed below, we do not block or otherwise prevent a Subscriber from lawful content.
B. Throttling: Other than reasonable network management practices disclosed below, we do not throttle or otherwise degrade or impair access to lawful Internet traffic on the basis of content, application, service, user, or use of a non-harmful device. All lawful Internet use is handled identically.
C. Affiliated Prioritization: We do not directly or indirectly favor some traffic over other traffic, including through use of techniques such as traffic shaping, prioritization, or resource reservation, to benefit any of our affiliates, defined as an entity that controls, is controlled by, or is under common control with HVW.
D. Paid Prioritization: We do not directly or indirectly favor some traffic over other traffic over the HVW Network, including through use of techniques such as traffic shaping, prioritization, or resource reservation, in exchange for consideration, monetary or otherwise. Individual Subscribers may customize what services and/or applications they prefer. Such individual prioritizations at the Subscriber level do not affect other Subscribers on the HVW Network and therefore, do not violate our Open Internet principles.
i. We may also use specific traffic shaping techniques to Improve our Subscribers Quality of Experience (QoE). HVW’s traffic shaping incorporates Fair Use Policies and service rate multipliers ensuring that all users have fair and open access to the Internet. Users may also elect to subscribe to a SELECT package offering to optimize the experience within their home or business. Examples of SELECT packages include: SELECT - VIDEO, SELECT - GAMMER AND SELECT - HOME OFFICE
ii. We may also use PCRF for policy management of LTE technology to maintain quality of service (QoS) rules and regulations.
iii. We may also conduct deep packet inspection (“DPI”), which is a type of filtering that will examine the data and/or header part of Internet traffic for viruses, spam, intrusions, or protocol non-compliance that may harm the HVW Network; to determine the routing of Internet traffic; for internal statistical and performance purposes; for lawful intercept capabilities, and/or enforcement of our Service Agreement. We do not use DPI to conduct data mining for targeted marketing or advertising, or anti-competitive purposes.
iv. If we determine, in our sole and reasonable discretion, that the manner in which a Subscriber is using the Service negatively impacts other Subscribers or the HVW Network, we reserve the right to apply additional congestion management techniques.
F. Application-Specific Behavior: Subject to the qualification that HVW may reasonably limit or rate-control specific or classes of applications, or other specific protocols or protocol ports as set forth below, HVW generally treats all lawful applications identically. However, we reserve the right to any applications, ports or protocols that we determine, in our sole and reasonable discretion, may expose the HVW Network to potential legal liability, harm the HVW Network or otherwise interfere with or impair the experience of other Subscribers on the HVW Network.
G. Device Attachment Rules: Generally, you do not need approval to connect a third-party device to the HVW Network. HVW does not limit the types of devices that can be connected to the HVW Network, provided they are used for lawful purposes and do not harm the HVW Network, violate our Service Agreement, or harm other users of the Network. Acceptable devices must be authorized by the Federal Communications Commission. However, if we determine, in our sole and reasonable discretion, that the connection of a particular type of device to the HVW Network negatively impacts other users or the HVW Network, or may expose us to potential legal liability, we reserve the right to limit or restrict Subscribers’ ability to connect such type of device to the HVW Network. If you need technical support services to assist you in the installation and configuration of third-party devices, please contact us or visit https://www.hvwisp.com/index.php/contact. Depending on your level of Service and your COS, there may be an additional monthly fee for IT support services.Please note: Customers providing their own equipment may connect directly to HVW’s Radio Access Network (RAN, eNodeB or Access Point) using HVW approved equipment. Equipment must be FCC type accepted and configured using HVW’s specifications. All equipment must be approved by HVW or roaming partner.
H. Security: We have taken reasonable physical, technical and administrative safeguards to protect the integrity and operations of the HVW Network. We monitor the HVW Network for security threats and may prohibit certain activity on the HVW Network that we may deem, in our sole and reasonable discretion, poses a potential risk to the HVW Network or to other Subscribers. Triggering conditions include but are not limited to denial of service activity, IP address or port scanning, excessive account login failures; or certain Internet addresses that are disruptive, malicious and typically persistent. If we notice excessive Subscriber connections, including but not limited to Wi-Fi connections, that are harmful or are commonly used to disrupt the normal use of the HVW Network or use by other Subscribers, we will attempt to notify the Subscriber to work collaboratively to remedy the issue to the extent possible; however, we reserve the right as a reasonable security practice, without advance notice, to control any Subscriber traffic, ports, protocols, devices, or applications (such as peer-to-peer applications that may carry malicious software or are known to be problematic) that we determine, in our sole and reasonable discretion, may cause harm to the HVW Network or to other Subscribers, or may expose us to potential legal liability.
II. PERFORMANCE CHARACTERISTICS AND COMMERCIAL TERMS
Specific Service fees and rates for an individual Subscriber is set forth in the Subscriber’s Confirmation of Sale (“COS”). Various information is also publicized on the HVW Website.
A. Service Description and Pricing: Links to a current description of the categories of Internet access service offered to residential and business Subscribers are available here, including pricing, expected and actual access speed and latency, and the suitability of the service for real-time applications:
SELECT - VIDEO – Optimized for Over the Top Video Streaming (OTT)
SELECT - GAMER – Optimized for Gamer Experience and includes Public IP (Static IP optional)
SELECT – HOME OFFICE – Optimized for Remote Workers. Includes Public IP (Static IP optional)
B. Impact of Non-Broadband Internet Access Service Data Services (also known as “Specialized Services”): We do not offer data-related Specialized Services to Subscribers that will significantly affect the last-mile capacity available for, and the performance of, our broadband Internet access Service offering. However, there may be a temporary slowing of Internet speed when using any of HVW’s broadband and VoIP services at the same time.
C. Various Fees. We will assess the following fees for our Service, where applicable. Please see our Service Agreements for pricing details.
D. Fees for Additional Services: A current description of the fees for additional network-related services can be found at the links below: website
E. Acceptable Use: As set forth in the Service Agreements, all of HVW’s service offerings are subject to the Code of Conduct, also known as an Acceptable Use Policy , which we may from time to time establish or revise. The Code of Conduct is available here: https://www.hvwisp.com/index.php/company-information/regulatory-and-compliance
III. FCC REQUIREMENTS AND COMPLAINT PROCESS
The Federal Communications Commission (“FCC”) has adopted rules to preserve the Internet as an open platform (“Rules”). Information regarding these Rules is available on the FCC’s website at: https://www.fcc.gov/restoring-internet-freedom If a Subscriber believes that we are not in compliance with the FCC’s rules, the Subscriber may file an informal complaint with the FCC. The FCC urges Subscribers to submit any complaints via its website at the following address: https://consumercomplaints.fcc.gov/hc/en-us.IV. ADDITIONAL DISCLAIMERS