zaBYTE’s Privacy Policy

zaBYTE NETWORK LLC PRIVACY POLICY

AND YOUR CALIFORNIA PRIVACY RIGHTS

Effective Date: July 1, 2021

zaBYTE Network LLC (“zaBYTE,” “us,” “we,” or “our”) values the privacy and security of customer Personal Information. This Privacy Policy describes the types of customer Personal Information zaBYTE or our Operational Service Providers collect, use, disclose, retain, secure and dispose. This Privacy Policy applies to visitors and users of zaBYTE’s website (“Site”), mobile applications (“Apps”), and potential customers, current and former residential and commercial/business Customers of zaBYTE’s high speed internet access services (individually, a “Service” and collectively, “Services”). For the purposes of this Privacy Policy, all such visitors, users, prospective residential and commercial/business customers, current and former residential and commercial/business customers are collectively, “Customers” “you,” or “your.” Any other capitalized terms not defined herein shall have the same meaning as defined in zaBYTE’s Terms of Service Agreement (“Service Agreement”).

Operational Service Providers are trusted third parties that support zaBYTE’s Services with technology, equipment and/or internal operational services, such as billing and regulatory deployment reporting. Operational Service Providers that zaBYTE contracts with as processors of Customer Personal Information also qualify as “Service Providers” as defined by California law. Additionally, zaBYTE does not disclose your Personal Information with third parties for marketing or advertising purposes. Therefore, zaBYTE does not “sell” Customer Personal Information as defined in California law.

Additionally, zaBYTE is classified as a small business under the California Consumer Protection Act (CCPA) and the California Privacy Rights Act (CPRA), and therefore is not subject to the requirements of those laws. Nonetheless, this Privacy Policy provides Customers with information on the Personal Information collected and used by zaBYTE and when such Personal Information is lawfully disclosed to third parties. Also, as a courtesy to its Customers, zaBYTE will honor a Customer’s right to opt-out of first party marketing (we do not engage in third party marketing) and to delete certain Personal Information. Customers understand, acknowledge and agree that zaBYTE will not delete Personal Information needed to complete the transaction for which it was collected; to comply with legal and regulatory obligations (such as record retention requirements); to protect against malicious, deceptive, fraudulent, or illegal activity; or to identify and repair errors that impair existing and intended functionality.

By using zaBYTE’s Site, Apps and Services, Customers consent to the data practices described in this Privacy Policy regarding the collection, use, disclosure, retention and disposal of Personal Information. zaBYTE’s Site, Apps 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 Customer is not a U.S. citizen or does not reside in the U.S., Customer voluntarily consents to the collection, transfer, use, disclosure and retention of Customer Personal Information in the U.S. Customer also agrees to waive any claims that may arise under Customer’s own national laws.

1. YOUR CALIFORNIA PRIVACY RIGHTS UNDER THE SHINE THE LIGHT ACT

Generally, California residents are entitled by law to ask zaBYTE for a notice identifying the categories of Personal Information that zaBYTE shares with third parties for their marketing purposes the preceding year and provide contact information for such third parties unless zaBYTE meets certain exceptions in the law. This Privacy Policy and Site meet those exceptions. Additionally, zaBYTE does not have Affiliates and does not share Customer Information to third parties for their own marketing purposes. Therefore, a Customer residing in California with an established business relationship with zaBYTE, does not need information about zaBYTE’s opt-out and opt-in policies of sharing Customer Personal Information with other companies (including our Affiliates) for their marketing purposes. If you have questions regarding our policy, Customers residing in California must send a written request via email or postal mail following the instructions below. zaBYTE will not accept requests via the telephone or facsimile or respond to requests that are not labeled or sent properly, or do not have complete information.

• For all requests, include Customer’s full name, street address, city, state and zip code.
• In an email request, Customer must state “Re: Your California Privacy Rights” in the subject line and send Customer email to privacy@zabyte.net.
• In a postal request, Customer must send a letter or post card to:
• zaBYTE LLC 22431 Antonio Pkwy Suite #B160-506 Rancho Santa Margarita, CA 92688

Attention: Your California Privacy Rights

2. GENERAL INFORMATION

When Customer uses zaBYTE’s Site, Services or Apps, the Personal Information sent and received will be transmitted using wireless, fiber, coaxial cable and/or satellite technology, and could be subject to interception by unauthorized third parties. While it is zaBYTE’s objective to take reasonable security measures to reduce the risk that unauthorized third parties will intercept any Personal Information, zaBYTE cannot and does not make any guarantee that transmissions via its Site, Services and Apps are 100% secure or error-free.

zaBYTE does not knowingly collect, solicit or use Personal Information from anyone under the age of 16. If Customer is under age 16, please do not attempt to register for the Site, Services or Apps or voluntarily submit any Personal Information about yourself to zaBYTE. If zaBYTE learns that Personal Information from a child under age 16 has been collected, zaBYTE will delete that information as quickly as possible to the extent technically feasible. If Customer believes that its child under age 16 may have provided Personal Information to us, please contact zaBYTE at privacy@zabyte.net.

2. WHAT TYPES OF INFORMATION DO WE COLLECT AND HOW DO WE USE THIS INFORMATION?

Generally, Personal Information is information Customer provides to zaBYTE directly or passively through Customer’s use of the Site, Services and/or Apps, our social media platforms, via telephone or in person that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. For the purposes of this Privacy Policy, we also define Personal Information to include such information related to our commercial/business Customers and their end users.

The following are the different ways and the reasons zaBYTE collects Personal Information:

• Registration process, billing, and administration: zaBYTE collects Customer name, email address, phone number (wired or wireless), billing address and billing information (such as credit card account number or other financial account information), service address, and the nature of any of Customer devices or other personal property making use of the Service. zaBYTE will retain this Personal Information as long as Customer’s Service is active and for (three) years after the Service expires or is terminated to comply with various business, legal and/or regulatory requirements.

ZaBYTE does not collect Customer billing information (such as credit card account number or other financial account information). Billing information is collected and processed by an independent thirdparty payment processor, in which Customers will have a relationship with directly. Billing information will not be shared with zaBYTE. Customers understand, acknowledge and agree that they are governed by the payment processor’s privacy policy.

• Social Media Platforms: zaBYTE has a presence on social media platforms (Facebook, Twitter, LinkedIn, etc.) and Customers voluntarily view, sign up to follow, or otherwise engage with our social media at their own level of interest. Customers on our social media platforms are governed by the privacy policy of the specific platform. zaBYTE may obtain, transport or merge Personal Information posted publicly on social media platforms, however we will not share any such Personal Information with any third party, except as otherwise noted in this Privacy Policy. Occasionally a Customer may enter their zaBYTE account identifying information on social media, sometimes to alert or inquire about service questions or service interruptions. In these cases, zaBYTE will engage with the Customer using direct messages or by directing them to our Site, support and Customer Experience department. zaBYTE is not responsible for Personal Information that is publicly disclosed on social media platforms.

Some forms of 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. Please see below for details.

• Website Information, Use of Cookies and other Similar Tracking Technology:

When Customers visit zaBYTE’s Site, zaBYTE will passively collect information on server logs from Customer’s browser or device, which may include Customer IP address or other unique device identifiers, “cookie” or other tracking information, the type of browser and/or device you’re using to access the Service, and the page or feature Customer requested. zaBYTE uses this information to gather statistics about usage and effectiveness of our webpages, analyze our performance, personalize your experience, and tailor our interactions with you. We do so through the use of various technologies, including cookies and web beacons. https://zabyte.net/policy-cookies

• • Cookies are text files placed on your computer to collect standard internet log information and visitor behavior information. This information is used to personalize Customer usage of the Site and to compile statistical reports on Site activity. For further information about cookies, visit www.aboutcookies.org or www.allaboutcookies.org.
  • Web beacons, also known as web bugs, pixel tags or clear GIFs, are clear graphic images (typically one pixel in size) that are delivered through a web browser or HTML e-mail. The web beacon informs ZaBYTE when a Customer visits a particular web page or opens and views a particular e-mail. zaBYTE, or our Operational Service Providers, may include web beacons in marketing e-mail messages or our newsletters to determine whether messages have been opened and links contained within have been clicked on.
  • Customers can change the preferences on a browser or device to prevent or limit the browser or device’s acceptance of cookies, web beacons or other similar technology, but this may prevent Customer from taking advantage of some of the features on the zaBYTE Site or accessing certain functions and conveniences. Additionally, Customers may not opt-out of the use of cookies, other Personal Information or non-Personal Information for zaBYTE’s internal analytical purposes.

Technology is improving every day and to improve the operations and functions of zaBYTE’s Site, Services, and Apps, thus Customer understands, acknowledges and agrees that zaBYTE may introduce new technologies and monitoring techniques without advance notice or consent from Customer. zaBYTE may also use third party Operational Service Providers to conduct such internal analyses.

• Network Information Specific for Internet Access Services: zaBYTE also collects Network Information to deliver their high-speed internet access service, which is information about Customers’ access to, and use of, the zaBYTE Network. Network Information may or may not be classified as Personal Information. Generally, zaBYTE will:
  • Collect information when and how Customer is using the zaBYTE Network, such as monitoring traffic patterns regarding websites visited, amount of data being sent or received, or other activity.
  • Collect information about the performance of the zaBYTE Equipment installed on Customer property or premises, and its interaction with the rest of the zaBYTE Network.
  • Collect information regarding the various devices Customer is using to access the zaBYTE Network.
  • Monitor or review the content of the data Customer is transmitting and receiving.
    • zaBYTE will not monitor the content of a Customer’s websites viewed or email communications as part of zaBYTE’s daily network management but will do so occasionally to protect the zaBYTE Network from threats or viruses, and in the event, there is suspected fraud, unlawful activity, perceived or actual violation of the zaBYTE Acceptable Use Policy or upon a valid request from law enforcement.

zaBYTE retains this Network Information for no longer than thirty (30) days, unless otherwise required by law or for legal or regulatory purposes. zaBYTE may also aggregate Network Information from multiple Customers and will share such aggregated information about the overall performance of our Site, Services, Apps and the zaBYTE Network with third parties such as our Operational Service Providers and state and federal regulatory agencies to report on Network performance. Aggregated information does not identify a specific individual, computer or device and therefore, is not classified as Personal Information.

zaBYTE reserves the right to, and may, monitor, access, review and preserve any Network Information and/or content in the following situations: https://zabyte.net/policy-Network

• • In response to an inquiry from Customer or an authorized user on Customer’s account regarding use of the Services or problems Customer is experiencing using the Services.
  • When zaBYTE has reason to believe Customer is using the Services in violation of the Service Agreements or any applicable law.
  • When zaBYTE has reason to believe Customer use of the Service is negatively affecting other Customers.
  • When zaBYTE is required by law or legal process to do so, or when zaBYTE has a good faith belief that zaBYTE is required by law or legal process to do so.

3. IS CUSTOMER PERSONAL INFORMATION USED FOR MARKETING AND ADVERTISING PURPOSES?

zaBYTE will not disclose your Personal Information to third parties for their own marketing or advertising purposes. zaBYTE will use Customer’s email address, postal address, or telephone number (for voice, texts, automated and pre-recorded/artificial voice calls) and information about a Customer’s current Services to send marketing and advertising messages regarding our Services and Site that will keep Customers informed about related products and services that will best meet a Customer’s future needs. This is called “First Party Advertising,” which is advertising or marketing that is customized or personalized based on a history of Customer’s use of our Site or Services. First Party Advertising is based solely on a combination of information zaBYTE collects from Customer – not from Customer’s visits to other websites across the Internet. We may also serve “Contextual Advertising,” which is advertising based on the subject matter or the content of a specific website page visited by a Customer. Customer 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 context of the content or webpage Customer is viewing. And Customer will continue to receive general advertising if Customer opts-out of First Party Advertising, it will not be customized or personalized for Customer. (Please see Section 7 below for Customer opt-out instructions.)

zaBYTE does not provide third party “Network Advertising,” which is advertising based on Customer’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 zaBYTE does not provide network ads, zaBYTE does not recognize the “Do Not Track” settings on various internet browsers. zaBYTE does not engage or allow third parties to track you across the Internet and across time for advertising purposes.

4. LINKS TO THIRD PARTY WEBSITES AND SERVICES

The zaBYTE Site and/or our Facebook Pages (or other social media platforms) may contain a variety of content and functionality and may provide links to other third-party websites or online services. Despite such links, this Privacy Policy applies only to zaBYTE. The presence of a link does not constitute or imply zaBYTE’s endorsement, recommendation, or sponsorship of the content, goods, services, business or privacy practices on such websites or online services. zaBYTE encourages Customers to be aware and informed when Customers leave zaBYTE’s Site and zaBYTE’s Facebook Pages, or any other social media platforms. If Customer clicks on a link to a third-party website or service, such third party may also transmit cookies to Customer or use web beacons. This Privacy Policy does not cover the use of cookies or other such tracking technology by any third parties, and zaBYTE is not responsible for their privacy policies and practices.

5. DO WE DISCLOSE CUSTOMER PERSONAL INFORMATION TO THIRD PARTIES?

Customer’s Personal Information will only be disclosed to third parties and Operational Service Providers) as listed in this Privacy Policy, if zaBYTE has received your consent at the time zaBYTE collects your Personal Information or prior to the disclosure of any Personal Information. zaBYTE reserves the right to fully use, disclose and process any non-Personal Information collected from Customer in any manner as well as any information Customer makes public via the Site, App, Services or social media platforms.

• To Our Operational Service Providers: zaBYTE contracts with third parties to perform tasks or services on zaBYTE’s behalf and need to share or have access to Customer Personal Information to provide equipment, products or services to Customers on zaBYTE’s behalf. For example, zaBYTE may use a payment processing company to receive and process Customer’s ACH or credit card transactions for zaBYTE, or zaBYTE may contract with third parties to assist zaBYTE in optimizing the zaBYTE Network. Unless zaBYTE tells Customer differently, zaBYTE does not grant its Operational Service Providers any right to use the Personal Information zaBYTE shares with them beyond what is necessary to assist zaBYTE.
• For Business Transfers/Restructuring: zaBYTE may choose to purchase or sell assets, or go through some other change of control, including restructuring, bankruptcy, reorganization or other financing arrangements. Customer Personal Information is typically one of the business assets that would be disclosed and transferred to or acquired by a third party for such activity.
• For Protection of zaBYTE and Our Employees, Operational Service Providers, Users and Customers and Public Safety: zaBYTE reserves the right to access, read, preserve, and disclose any Personal Information if zaBYTE believes doing so will: 1) implement and/or enforce our Service Agreements, Website Terms of Use Agreement, Privacy Policy, Acceptable Use Policy, or any legal document; protect the zaBYTE Network, Site(s), and other assets; and 2) protect the interests, rights, property, and/or safety of zaBYTE and our employees and officers/directors, Operational Service Providers, Resellers, Customers, agents, representatives, third party licensors or suppliers, or the general public.
• When Required by Law or in Response to Legal Process: zaBYTE reserves the right to access, read, preserve, and disclose any Personal Information when zaBYTE is required by law or legal process to do so, or if zaBYTE has a good faith belief that zaBYTE is required by law or legal process to do so.

6. HOW DO WE PROTECT CUSTOMER PERSONAL INFORMATION?

zaBYTE endeavors to protect the privacy of Customer’s account and other Personal Information using reasonable administrative, technical and physical security measures. However, zaBYTE cannot and do 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.

Additionally, if Customer contacts zaBYTE via the Site, telephone or in person, zaBYTE will ask Customer for verification of Customer’s identification and account. Customers seeking access to Personal Information over the telephone must first provide zaBYTE with a password that was assigned or created without the use of any readily available biographical information. If Customer is unable to provide the correct password, zaBYTE may still disclose Personal Information, but must provide the information only by sending it to Customer’s physical address on file or by calling Customer on the telephone number on file. zaBYTE may discuss Personal Information with a Customer without a password on a Customer-initiated phone call, but only if Customer discloses call detail information unprompted and without zaBYTE Networks’ assistance. Customers may access Personal Information in-person at an ZaBYTE office; however, Customers are required to provide a valid photo ID before zaBYTE may disclose Personal Information.

zaBYTE will not send an email or text, nor should Customer 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 Customer receives an email or text requesting any such information from zaBYTE or someone that claims they are with zaBYTE please contact our Privacy Administrator immediately privacy@zabyte.net.

For zaBYTE’s IT Support Services as detailed in our Services Agreement, the code that allows zaBYTE to access Customer’s computer desktop to help your resolve technical problems is limited only for that specific session. zaBYTE does not access Customer’s Computer without Customer’s knowledge, affirmative consent and involvement.

7. WHAT DISCLOSURE AND OPT-OUT/OPT-IN CHOICES DO CUSTOMERS HAVE?

Customers can choose not to disclose any Personal Information to zaBYTE; however, certain Personal Information is necessary for zaBYTE to provide, maintain and bill for the Services to Customer. Here are additional choices:

• Customer may opt out of sharing Personal Information only for zaBYTE’s marketing or advertising purposes, but not for business or operational purposes.
• Customer may opt out of email marketing and advertising from zaBYTE using the “Unsubscribe” mechanism in each email.
• Before zaBYTE sends Customer a text for any reason or sends Customer a pre-recorded or artificial voice call that contains advertising or marketing information, zaBYTE will secure Customer’s prior written express consent, which can be given via a voice recording, email, text message, postal mail, or telephone key press.
  • Customer understands, acknowledges and agrees that such advertising or marketing texts and pre-recorded/artificial voice calls may be sent using an auto dialer and are not conditioned on Customer’s purchase of the Services.
  • Customer may opt out of receiving text messages any time by replying “STOP” or “UNSUBSCRIBE” to the text message.
• Non-telemarketing pre-recorded/artificial voice calls do not require a Customer’s prior express consent in writing, unless they are sent to a wireless device. Customers may opt out of receiving pre-recorded/artificial voice calls by the opt-out instructions in the call. Customers can also request to be added to zaBYTE’s company-specific Do Not Call list to opt-out of advertising and marketing calls or texts of all types. However, Customer will continue to receive calls related to debt-collection and Customer’s current Services.
• Customer may also opt-out of First Party Advertising, but not Contextual Advertising.
• Customer may not opt out of zaBYTE’s use of cookies or other similar technology or use of Customer’s Personal Information and non-Personal Information for zaBYTE’s internal analytics used to monitor activity on zaBYTE’s website, measure zaBYTE’s Service performance, or to operate and protect the zaBYTE Network.

Customers must contact zaBYTE via email privacy@zabyte.net or via our Site to opt-out of allowable categories listed above and follow our procedures for such requests as provided for at https://zabyte.net/policy-cookies. Please tell us specifically what category(s) you wish to opt-out of.

8. WHAT PERSONAL INFORMATION CAN CUSTOMERS ACCESS, MODIFY AND/OR DELETE?

Generally, Customer may access the following Personal Information in Customer’s account:

• Full name

• Username and password

• Email address

• Telephone number; and

• Billing and Service address

• Account and billing information

By contacting zaBYTE at privacy@zabyte.net or through any online access portal, zaBYTE may enable Customers to view, access and modify Customer account settings, and in some cases, edit or delete the Personal Information listed above. Customers must follow our procedures for such requests as provided for at https://zabyte.net/policy-cookies.

ZaBYTE will retain historic email, billing and/or Service addresses for security and verification purposes and Customers may not delete such information even after the subscription expires or terminates.

Existing Customers may not delete any Personal Information because such information is necessary to provide and bill for the Services; Customers may only update or modify the following Personal Information: Full name, Username and password, email address, telephone number; and billing and service address.

zaBYTE may use any aggregated data derived from Customer’s Personal Information but not in a manner that would identify Customer personally. zaBYTE may also maintain Personal Information regarding Customer and Customer’s use of the Service after Customer is no longer a zaBYTE customer as required by zaBYTE’s business practices, by law, and/or tax reporting purposes. The information Customer can view, update, and delete may also change if required by law. If Customer has any questions about viewing or updating information zaBYTE has on file about Customer, please contact zaBYTE at privacy@zabyte.net.

9. WILL THIS PRIVACY POLICY EVER CHANGE?

Yes, zaBYTE is constantly working to improve the Service, and zaBYTE will need to update this Privacy Policy from time to time as zaBYTE’s business practices change and service offerings increase, and/or there are changes in local, state or federal laws. Additionally, zaBYTE will also make stylistic, organizational and/or grammatical changes to present zaBYTE privacy practices in a user friendly, easy to read manner. zaBYTE will alert Customers to any such changes by placing a notice on zaBYTE’s Site and App with the effective date of the revised Privacy Policy, and/or by sending Customers an email, or by some other means to the extent required by law. Please note that if Customers have not provided zaBYTE with Customer’s email address or Customer has not updated Customer contact information, those legal notices will still govern Customer use of the Service, and Customer is still responsible for reading and understanding all notices posted on zaBYTE’s Site. Customer’s continued use of the Services, Apps or Site after notice of any changes have been provided will indicate Customer’s acceptance of such changes, except where further steps are required by applicable law.

Use of Customer Personal Information is primarily governed by the Privacy Policy in effect at the time Customer subscribed to the Service or visited the zaBYTE Site, subject to any amendments zaBYTE will make from time to time. If zaBYTE elects to collect, use or to disclose Customer Personal Information that is materially different than stated in the Privacy Policy in effect at the time Customer subscribed to the Service (or later amended), or when Customer visited the zaBYTE Site, zaBYTE will provide Customer with an opportunity to consent to such use or disclosure. Depending on the circumstances, that consent may include an opt-out.

10. WHAT IF YOU HAVE QUESTIONS OR COMMENTS ABOUT THIS PRIVACY POLICY?

If you have any questions or concerns regarding zaBYTE’s privacy practices and policies, please contact zaBYTE at privacy@zabyte.net.

© Copyright 2021, zaBYTE Network LLC- All Rights Reserved.