Updated/Effective: July 22, 2020
Your California Privacy Rights
- For all requests, include Subscriber’s full name, street address, city, state and zip code.
- In an email request, Subscriber must state “Re: Your California Privacy Rights” in the subject line and send Subscriber email to firstname.lastname@example.org.
- In a postal request, Subscriber must send a letter or postcard to:
EV Holdings 1 LLC
D/B/A Desert Winds Wireless, Internet Xpress (“Desert Winds Wireless”)
Attention: Your California Privacy Rights
9501 W Clearwater Ave Ste A110
Kennewick WA 99336
Desert Winds Wireless’s Privacy Principles
We are committed to conducting our business in accordance with the following principles in order to ensure that the confidentiality of your Personal Information is protected and maintained.
- We will collect Personal Information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
- We will collect and use Personal Information solely for fulfilling those purposes specified by us and for other ancillary purposes, unless we obtain the consent of the individual concerned or as required by law.
- Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
- We will protect Personal Information by using reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
- We will make readily available to Subscribers information about our policies and practices relating to the management of Personal Information.
- We will only retain Personal Information for as long as necessary for the fulfillment of those purposes.
Desert Winds Wireless’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 a wireless network, and may be subject to interception by unauthorized third parties who seek to do you harm. While it is Desert Winds Wireless’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, Desert Winds Wireless cannot and does not make any guarantee that transmissions over the Internet are 100% secure or error-free.
Desert Winds Wireless does not knowingly collect, solicit or use Personal Information from anyone under the age of 13. If Subscriber is under age 13, please do not attempt to register for the Services or send any Personal Information about yourself to Desert Winds Wireless. If Desert Winds Wireless learns that we have collected Personal Information from a child under the age of 13, we will delete that information as quickly as possible to the extent technically feasible. If you believe that your child under age 13 may have provided Desert Winds Wireless Personal Information, please contact Desert Winds Wireless at email@example.com.
What Information does Desert Winds Wireless collect and how does Desert Winds Wireless use this Information?
Generally, Desert Winds Wireless 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.
Desert Winds Wireless 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 Desert Winds Wireless 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 is the information Subscriber provides to Desert Winds Wireless 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 Desert Winds Wireless regarding the Site or Services. Through Subscriber account settings, Desert Winds Wireless 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 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 Desert Winds Wireless 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.
Desert Winds Wireless will communicate with Subscriber if Subscriber has provided Desert Winds Wireless the means to do so such as submission of a Subscriber’s postal address, email address or phone number. Desert Winds Wireless 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.
Desert Winds Wireless may also combine Personal Information with additional data obtained from Desert Winds Wireless’s Facebook Pages or other social network platforms, its Affiliates, its Operational Service Providers (third party owned companies that provide or perform services on Desert Winds Wireless’s behalf, to help serve Subscribers better and to perform functions in order to support Desert Winds Wireless’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.
When you visit Desert Winds Wireless’s Site, Desert Winds Wireless will collect various types of Non-Personal Information, such as information on Desert Winds Wireless server logs from Subscriber’s browser or device, which may include Subscriber IP Address, unique device identifier, “cookie” information, the type of browser and/or device you are using to access the Services, and the page or feature Subscriber requested. (IP Address and device identifiers are traditionally classified as Non-Personal Information, unless Desert Winds Wireless is required to do so otherwise under applicable law.) “Cookies” and “web beacons” are text file identifiers Desert Winds Wireless transfers to Subscriber’s browser or device that allow Desert Winds Wireless to recognize Subscriber’s browser or device and tell Desert Winds Wireless how and when pages and features on the Desert Winds Wireless Site are visited, by how many people, and other activity on the Site.
Technology is improving every day and to improve Desert Winds Wireless’s operations and functions Desert Winds Wireless may introduce new technologies and monitoring techniques without advance notice or consent from Subscriber. Desert Winds Wireless may also use Operational Service Providers to conduct such internal functions and analyses.
Desert Winds Wireless also collects and uses Desert Winds Wireless Network Information, information about Subscriber access to, and use of, the Desert Winds Wireless Network, which may or may not be directly associated with or reasonably linked to a specific person, computer or device. For example, Desert Winds Wireless 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 is transmitting and receiving, the websites Subscriber is visiting, and any other information that is transmitted over the Desert Winds Wireless Network. Desert Winds Wireless may also aggregate Desert Winds Wireless Network Information from multiple Subscribers and share such aggregated Non-Personal information about the overall performance of the Desert Winds Wireless Services and Desert Winds Wireless Network with our Affiliates and other third parties. Aggregated information does not identify a specific individual, computer or device.
How we use Desert Winds Wireless Network Information:
We use Network Information to monitor and enhance the performance of the Desert Winds Wireless Network. Desert Winds Wireless will not monitor the content of the websites viewed or email communications as part of Desert Winds Wireless’s standard network management unless there is a complaint or an issue regarding the Services. Generally, Desert Winds Wireless will monitor and preserve the following Desert Winds Wireless Network Information:
- When Subscriber is using the Services;
- How Subscriber is using the Services, such as monitoring traffic patterns regarding websites visited, amount of data being sent or received, or other activity;
- The amount of data Subscriber is transmitting and receiving through the Services; and
- General information regarding the performance of our equipment installed on Subscriber’s property or at Subscriber’s premises, and its interaction with the rest of the Desert Winds Wireless Network.
However, Desert Winds Wireless reserves the right to, and may, monitor, access, review and preserve any Desert Winds Wireless Network Information and/or content in the following situations:
- In response to an inquiry from Subscriber or another Authorized Subscriber on Subscriber’s account regarding Subscriber or their use of the Services or problems Subscriber or they are experiencing using the Services;
- If Desert Winds Wireless has reason to believe Subscriber is using the Services in violation of Subscriber’s Service Agreement or any applicable statutes, rules, ordinances or regulations;
- If Desert Winds Wireless has reason to believe Subscriber use of the Service is negatively affecting other Subscribers; or
- When Desert Winds Wireless is required by law or legal process to do so, or when Desert Winds Wireless has a good faith belief that Desert Winds Wireless is required by law or legal process to do so.
How is Personal Information used for marketing and advertising purposes?
Desert Winds Wireless will use Personal Information to send Subscriber marketing and advertising messages related to Desert Winds Wireless’s Services and Site using Subscriber’s email address, postal address, or telephone number (for voice, texts, and pre-recorded calls). Desert Winds Wireless may deliver a marketing or advertising message based on Subscriber visits to the Desert Winds Wireless Site, which is general advertising or “Contextual Advertising,” defined as advertising based on the subject matter or the content of the specific website page or subject matter. Desert Winds Wireless may also send Subscriber “First Party Advertising,” which is advertising that is customized or personalized based on a history of Subscriber’s use of our Site or Services (possibly combined with information from our Facebook fan page or other social network platforms). First Party Advertising is based solely on a combination of information Desert Winds Wireless collects from Subscriber – not from Subscriber’s visits to other websites across the Internet.
Subscriber 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 content or webpage Subscriber is viewing and thus is based on the context of that visit. Subscriber may continue to receive general advertising if Subscriber opts-out of First Party Advertising, it will not be customized or personalized for Subscriber.
Desert Winds Wireless does not provide third party “Network Advertising,” which is advertising based on Subscriber’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 Desert Winds Wireless does not provide network ads, Desert Winds Wireless does not recognize the “Do Not Track” settings on various Internet browsers. Desert Winds Wireless does not engage or allow third parties to track you across the Internet and across time for advertising purposes.
Links to other websites or online services
Will Desert Winds Wireless share Subscriber Personal Information?
Desert Winds Wireless will not rent, sell or disclose Personal Information to anyone not related to Desert Winds Wireless for marketing or promotional purposes, unless in connection with a potential or actual sale, merger or a corporate restructuring by or of Desert Winds Wireless. (See “For Business Transfers” below for more information.) Desert Winds Wireless will share Subscriber Personal Information with its Affiliates and with other third parties as described in this section for the following reasons:
- To Our Affiliates: Desert Winds Wireless relies on various Affiliates in order to provide the Services to Subscribers. Desert Winds Wireless may share Personal Information and Non-Personal Information with any of its Affiliates for business, operational, promotional and/or Desert Winds Wireless’s own marketing and advertising purposes.
- To Operational Service Providers: Desert Winds Wireless and its Affiliates contract with other companies and people to perform tasks or services on Desert Winds Wireless’s behalf and need to share Subscriber Personal Information to provide products or services to Subscribers. For example, Desert Winds Wireless may use an independent payment processing company to receive and process Subscriber’s ACH or credit/debit card transactions, or with third parties to assist Desert Winds Wireless in optimizing the Desert Winds Wireless Network. Unless Desert Winds Wireless tells Subscriber differently, Desert Winds Wireless does not grant its Operational Service Providers any right to use the Personal Information Desert Winds Wireless shares with them beyond what is necessary to assist Desert Winds Wireless.
- For Business Transfers/Restructuring: Desert Winds Wireless may choose to buy or sell assets, or Desert Winds Wireless may sell assets or be sold. In these types of transactions, Subscriber Personal Information is typically one of the business assets that would be disclosed and transferred. Also, if Desert Winds Wireless (or Desert Winds Wireless’s assets) are acquired, or Desert Winds Wireless goes out of business, enters bankruptcy, or goes through some other change of control, including restructuring, reorganization or financing arrangements, Personal Information could be one of the assets disclosed, transferred to or acquired by a third party.
- For Protection of Desert Winds Wireless, and Our Affiliates, Employees, Operational Service Providers, Subscribers and Public Safety: Desert Winds Wireless reserves the right to access, read, preserve, and disclose any Personal Information to implement and/or enforce the Service Agreements, protect the Desert Winds Wireless Network, Site, and other company assets; protect the interests, rights, property, and/or safety of Desert Winds Wireless or our Affiliates, employees and officers/directors, Operational Service Providers, Subscribers and Subscribers, agents, representatives, third party licensors or suppliers, or the general public.
- When Required by Law or in Response to Legal Process: Desert Winds Wireless reserves the right to access, read, preserve, and disclose any Personal Information to which Desert Winds Wireless has access if Desert Winds Wireless is required by law or legal process to do so, or if Desert Winds Wireless has a good faith belief that Desert Winds Wireless is required by law or legal process to do so.
Is Subscriber Personal Information secure?
Desert Winds Wireless endeavors to protect the privacy of Subscriber’s account and other Personal Information Desert Winds Wireless holds using reasonable administrative, technical and physical security measures. We dispose of your Personal Information in a secure manner related to how sensitive or confidential the Personal Information is. However, Desert Winds Wireless cannot and does 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.
Subscriber’s account is protected by a password for Subscriber privacy and security. It is Subscriber’s responsibility to prevent unauthorized access to Subscriber’s account and Personal Information by selecting and protecting Subscriber password and/or other sign-on mechanism appropriately and limiting access to Subscriber computer, tablet or device and browser by signing off after Subscriber has finished accessing Subscriber’s account. Subscriber is required to notify us immediately if Subscriber’s password or account has been disclosed to a person whose name does not appear on Subscriber’s account, even if you have allowed such disclosure. Subscriber understands, acknowledges and agrees that Subscriber is solely responsible for any use of Desert Winds Wireless Services via Subscriber’s Subscriber name and password.
Additionally, if Subscriber contacts Desert Winds Wireless, Desert Winds Wireless will ask Subscriber for verification of Subscriber’s identification and account. Desert Winds Wireless will not send an email or text, nor should Subscriber 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 Subscriber receives an email or text from Desert Winds Wireless requesting any such information or someone that claims they are with Desert Winds Wireless or our Affiliates please contact our Privacy Administrator immediately: firstname.lastname@example.org.
What Personal Information can Subscribers access, modify and/or delete?
Generally, Subscriber may access the following Personal Information in Subscriber’s account:
- Full name;
- Subscriber name and password;
- Postal Address;
- Email address;
- Telephone number;
- Billing and Service address; and
- Account and billing information.
By contacting Desert Winds Wireless through any online account portal and/or via telephone, Desert Winds Wireless may enable Subscribers to view and modify Subscriber account settings, and in some cases, edit or delete the Personal Information listed above. Current subscribers may not delete any Personal Information; you may only update or modify information. Former Subscribers may be able to delete Personal Information from active status depending on the services you subscribed to. When a Subscriber updates Personal Information, however, Desert Winds Wireless may maintain a copy of the unrevised information in Desert Winds Wireless’s records for internal security reasons and recordkeeping. Desert Winds Wireless may also retain certain Personal Information indefinitely as required by Desert Winds Wireless’s business practices, by law, and/or tax reporting purposes after Subscriber is no longer a Desert Winds Wireless Subscriber.
Desert Winds Wireless may use any aggregated data derived from or incorporating Subscriber’s Personal Information after Subscriber updates or deletes it, but not in a manner that would identify Subscriber personally. The information Subscriber can access, update, and delete may also change.
To prevent unauthorized access to your account and Personal Information, you may only access your account portal or account via a telephone customer service representative after we have verified and authenticated your identity via your submission of a password, PIN, customer number and /or a security question. Only then will you have the ability to modify or update your Personal Information (including access to CPNI, if applicable), and receive other account information either via telephone or online. If Subscriber has any questions about viewing or updating information Desert Winds Wireless has on file, please contact Desert Winds Wireless at email@example.com
What third party disclosure choices do Subscribers have?
Subscribers can always choose not to disclose Personal Information to Desert Winds Wireless; however, certain Personal Information is necessary for Desert Winds Wireless to provide the Services to Subscriber or to access certain parts of the Site. Subscribers may opt out of sharing Personal Information with our Affiliates only for marketing or advertising purposes, but not for business or operational purposes.
Subscriber may opt out of email marketing and advertising from Desert Winds Wireless or its Affiliates using the “Unsubscribe” mechanism in each email. Before Desert Winds Wireless sends Subscriber a text for any reason, or sends Subscriber a pre-recorded call that contains advertising or marketing information, Desert Winds Wireless will secure Subscriber’s prior written express consent, which can be given via a voice recording, email, text message, postal mail, or telephone key press. Non-telemarketing pre-recorded calls do not require Subscriber’s prior express consent in writing, unless they are sent to a wireless device. Subscriber understands, acknowledges and agrees that such texts and pre-recorded telemarketing calls may be sent using an autodialer and are not conditioned on your purchase of the Services. Subscriber may opt out of receiving text messages any time by replying “STOP” or “UNSUBSCRIBE” to the text message. Subscriber may opt out of receiving pre-recorded calls by the opt-out instructions in the call. However, Subscriber will continue to receive calls related to debt-collection and Subscriber’s current service. Subscriber may also opt-out of First Party Advertising, but not Contextual Advertising, as detailed in the “Use of Personal Information for Marketing or Advertising Purposes” section above.
If you have any questions or concerns regarding Desert Winds Wireless’s privacy practices and policies, please contact Desert Winds Wireless at firstname.lastname@example.org.
© Copyright 2020, EV Holdings 1 LLC D/B/A Desert Winds Wireless, Internet Xpress (“Desert Winds”). All Rights Reserved.