38
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DISH Privacy Notice, cont.
2. For “mailing list” or other purposes
The Communications Act permits us to disclose limited personally identifiable
information to others, such as charities, marketing organizations, or other
businesses, for satellite or non-satellite “mailing list” or other purposes.
From time to time we may disclose your name and address for these
purposes. Any “mailing list” and related disclosures that we may make are
limited by the Communications Act to disclosures of subscriber names and
addresses where the disclosures do not reveal, directly or indirectly,
(i) the extent of any viewing or other use by the subscriber of a satellite
service or other service provided by us; or (ii) the nature of any transaction
made by the subscriber over any facilities used by us.
B. When DISH is Required to Disclose Personally Identifiable Information
We make commercially reasonable efforts to protect your privacy as described
in this Notice. Nevertheless, we may be required by law to disclose personally
identifiable information about you without your consent and without notice in
order to comply with a valid legal process such as a subpoena, court order, or
search warrant.
The Communications Act requires us to disclose personally identifiable
information to a third party or governmental entity in response to a court order.
If the court order is sought by a governmental entity, the Communications
Act requires that you are afforded the opportunity to appear and contest in a
court proceeding relevant to the court order any claims made in support of
the court order. At such a proceeding, the Communications Act requires the
governmental entity to offer clear and convincing evidence that the subject of
the information is reasonably suspected of engaging in criminal activity and
that the information sought would be material evidence in the case. In addition,
under the authority of an administrative subpoena, state welfare agencies may
obtain the names, addresses, and certain other information of individuals as
they appear in the subscriber records of the satellite company with respect
to those who, for example, owe, or are owed, welfare or child support. This
information may be obtained without a court order and does not require that a
subscriber be given notice of and the opportunity to contest the disclosure.
We may also use or disclose personally identifiable information about you
without your consent to protect our customers, employees, or property; in
emergency situations; and to enforce our rights under our terms of service and
policies, in court or elsewhere.
DISH Privacy Notice, cont.
V. How to Limit DISH’s Use and Disclosure of Your Personally
Identifiable Information
You may at any time request us to prohibit or limit: 1) disclosure of your personally
identifiable information for “mailing list” purposes; 2) collection of viewer measurement
data from your set-top box; or 3) delivery of addressable advertisements to your
set-top box that were selected for you using your personally identifiable information.
However, your request for us to prohibit or limit addressable advertisements will not
limit the quantity of advertisements in our services, but may reduce the relevancy of
such advertisements to you. To limit any of these uses, you must contact us in writing
at DISH Network L.L.C., Attn: PRIVACY, P.O. Box 6655, Englewood, CO 80155-6655.
Be sure to include your name, address, telephone number, and your DISH account
number. The written request should be signed by the person who is identified in
our billing records as the subscriber. If you have a joint account, a request by one
party will apply to the entire account. If you have multiple accounts, your notice must
separately identify each account covered by the request.
VI.
How We Protect Your Personally Identifiable Information
We use commercially reasonable efforts to prevent unauthorized access to personally
identifiable information by anyone other than you or DISH. However, we cannot
guarantee that these practices will prevent every unauthorized attempt to access, use,
or disclose personally identifiable information.
VII.
How Long We Maintain Your Personally Identifiable Information
DISH maintains personally identifiable information about you in our regular business
records while you are a subscriber to our satellite television service or other services
and for a period of time after you are no longer a subscriber if the information
is necessary for the purposes for which it was collected, to satisfy legal or tax
requirements or for business purposes. If there are no pending requests or court
orders for access to this personally identifiable information, no other legal reasons to
retain such information, and no open items on a subscriber’s account (e.g., balances
due, credit balances, unreturned or damaged equipment, etc.), then DISH destroys
Social Security number and bank account and/or credit card number information two
(2) years after a former subscriber’s last account disconnect date or last payment
transaction date, and other personally identifiable information other than service
address three (3) years following a subscriber’s termination of DISH services. DISH
disassociates service address information from any remaining account information
seven (7) years after account disconnect date.
