Privacy Policy

Privacy Policy:

  • We respect the privacy of Customers and are committed to protecting your personally identifiable information as you Use the Services.  The following policy (the “Privacy Policy”) governs our Use of Customer Information. 

 

  • No Guarantee of Privacy.  YOU UNDERSTAND AND ACKNOWLEDGE THAT THE PRODUCTS AND SERVICES USE RADIO CHANNELS TO TRANSMIT DATA COMMUNICATIONS OVER A COMPLEX COMMERCIAL MOBILE RADIO NETWORK. PRIVACY CANNOT BE GUARANTEED. YOU AGREE THAT WE AND OUR UNDERLYING CARRIERS AND AFFILIATES SHALL NOT BE LIABLE TO YOU FOR ANY LACK OF PRIVACY EXPERIENCED.

 

  • The Information That Our Services Collect.

 

  • Automatically Collected Information.When you Use our Services, we automatically collect certain analytical information.  This automatically collected information may include your IP Address, unique device or Customer identification, version of software installed on your accessing device(s), system type, the content that you Use on our Services, and the dates and times that you Use our Services.

 

  • Personally Identifiable Information.  We only collect personally identifiable information that you voluntarily provide to us.

 

  • Use of Information.

 

  • Automatically Collected Information. We use automatically collected information to identify prior users of our Services, to track usage of our systems, and for analytical purposes to help us improve the Services and our business in general.  We may on occasion provide this information to an Affiliate to assist us in providing these functions as permitted by Regulation.

 

  • Personally Identifiable Information.The personally identifiable information that you voluntarily provide to us may be used by us and our Affiliates for administrative purposes; for authentication purposes; to properly operate, maintain, and provide you with the features and functionality of the Services; to customize and personalize features for you and otherwise enrich your experience when using the Services; to present you with promotions, advertisement, and opportunities SimNet believes may be of interest to you as permitted by Regulation; to enable our Affiliates to assist us in operating, maintaining, and providing the Services to you; to enable us to carry out our obligations arising from any contracts/subscriptions entered into with you; to notify you about changes to this Agreement, other agreements you have with us, the Services, other SimNet IP, and other SimNet services; to investigate and help prevent potentially unlawful activity or activities that threaten the integrity of our Services, or any other SimNet IP or SimNet services; to investigate allegations of fraud or violations of this Agreement or other agreements you have with SimNet; and to enforce or apply our rights under this Agreement, any other agreement you have with us, or Regulation and to protect the rights, property, or safety of any of our Customers, Personnel, other users of the underlying wireless carrier network, Affiliates, or others; to improve the quality and design the Services or SimNet IP.

 

  • Security.We maintain our systems in accordance with commercially reasonable industry standards to preserve the integrity and security thereof.  We have implemented technical and organizational measures designed to secure such information from accidental loss and from unauthorized Use, alteration, or disclosure.  We cannot, however, ensure or warrant that third parties will never be able to defeat those measures or gain access to the IP thereon.  Perfect information security does not exist and you Use the Services at your own risk.

 

  • Children.  SIMNET WIRELESS PRODUCTS AND SIMNET WIRELESS SERVICES ARE NOT INTENDED FOR CHILDREN.PROTECTING THE PRIVACY OF YOUNG CHILDREN IS ESPECIALLY IMPORTANT.  SIMNET WIRELESS PRODUCTS AND SIMNET WIRELESS SERVICES ARE NOT DIRECTED TO CHILDREN UNDER THIRTEEN (13) YEARS OF AGE AND SIMNET DOES NOT KNOWINGLY COLLECT OR MAINTAIN PERSONALLY IDENTIFIABLE INFORMATION FROM PERSONS UNDER THIRTEEN (13) YEARS OF AGE.  IF SIMNET LEARNS THAT PERSONALLY IDENTIFIABLE INFORMATION OF PERSONS LESS THAN THIRTEEN (13) YEARS OF AGE HAS BEEN COLLECTED ON OR THROUGH THE SERVICES UNDER OUR CONTROL, THEN SIMNET WILL TAKE THE APPROPRIATE STEPS TO ATTEMPT TO DELETE THIS INFORMATION.  IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A CHILD UNDER THIRTEEN (13) YEARS OF AGE WHO HAS PROVIDED SIMNET WITH PERSONALLY IDENTIFIABLE INFORMATION, THEN PLEASE PROVIDE SIMNET NOTICE TO HAVE THAT INFORMATION DELETED IMMEDIATELY.

 

  • Linked Sites.  Our Site and this Agreement may include links to third-party sites.  Such links are provided for your convenience and information only.  SimNet does not control the availability, content, or security, of such linked sites.  Use of such linked sites, including the IP, Materials, products, and services on or available through such sites is solely at your own risk.  Any concerns regarding such linked sites, or any information, resources, or services therein, should be directed to the operator of the particular linked site.

 

  • CPNI.  We have a duty to protect the confidentiality of CPNI.  In accordance with Regulations, each Customer has the legal right to limit, restrict, or prohibit the use of, disclosure of, or access to the Customer’s individual CPNI.  We have a legal duty to abide by each Customer’s decision regarding the use, disclosure, or access to the Customer’s CPNI, and to maintain records of such decisions as well as a legal duty to utilize reasonable measures to protect CPNI from unauthorized access or disclosure.  Except as authorized by Regulation, SimNet cannot use, disclose, or permit access to a Customer’s CPNI without approval from the Customer. You hereby consent to the use and Sharing of your CPNI with our underlying carriers, Affiliates, and certain third parties in accordance with Regulation.

 

  • GDPR.  FOR VISTORS OF THE SITE FROM THE EUROPEAN ECONOMIC AREA OR OTHER NON-U.S. TERRITORIES, PLEASE NOTE THAT ANY IP THAT YOU VOLUNTARILY PROVIDE US WILL BE TRANSFERRED OUTSIDE THE EUROPEAN ECONOMIC AREA OR SUCH OTHER NON-U.S. TERRITORY FOR USE BY SIMNET AS DESCRIBED HEREIN.

 

  • Information Disclosure.  SimNet takes law enforcement and security matters very seriously and endeavors to fully assist law enforcement personnel in accordance with the COMMUNICATIONS ASSISTANCE FOR LAW ENFORCEMENT ACT, 47 USC §§1001-1010 , USA PATRIOT ACT, Pub. L. No. 107–56, (2001) , CYBERSECURITY INFORMATION SHARING ACT, Pub. L. No. 113–114, (2015) and other related Regulations.  However, SimNet must also balance such requests with regards to the requirements of applicable CPNI and privacy related Regulations (the “Privacy Regulations”).  In order to effectively assist law enforcement without violation of the relevant privacy focused Regulations, SimNet has developed its own compliance and a Systems Security and Integrity (“SSI”) plan in compliance with 47 C.F.R. § 1.20005.  If you are a Regulatory Authority or a law enforcement agency deriving jurisdiction from a Regulatory Authority (“Lawful Authority”) seeking information via a subpoena, summons, court order, civil investigative demand, agency order, search warrant, or production order (“Law Enforcement Request”) the following guidelines are necessary for SimNet to facilitate the effective processing of your Law Enforcement Request and observance of these guidelines will avoid delayed processing and receipt by you of the requested information.  Absent a valid Law Enforcement Request, in compliance with the Privacy Regulations, SimNet will not release Customer Information upon a third-party request without express permission from our Customer or as otherwise permitted by law.  

 

  • Law Enforcement Requests.  Our response to a valid Law Enforcement Request will typically be limited to the provisioning of information in our records related to a particular SIM Card.Further information about a particular Customer would then need to be pursued with the relevant underlying wireless carrier network.  Given the fluctuating volume of Law Enforcement Requests, the resources allocated by us to these Law Enforcement Requests, Law Enforcement Requests that are consistent with our submission guidelines hereinbelow will typically be answered in five (5) business days (“the “Compliance Time”). 

 

  • Submission.  All Law Enforcement Requests should be directed to:

 

Email:  legal@simnetwireless.com

Subject Line:  Law Enforcement Request

 

  • Expediting.  If compliance is required in a period shorter than the typical Compliance Time, the submission email should include the following subject line:  Law Enforcement Request – Urgent.

 

  • Civil Information Requests.   If you seek any Customer Information in connection with a civil legal matter, you must serve us with a valid subpoena for such information in connection with a civil matter as follows and agree in writing to compensate us for our subpoena response services as stated herein (a “Civil Information Request”).  SimNet does not consent to service by any civil litigation party by any means other than pursuant to a valid Civil Information Request.

 

  • Submission.  All Civil Information Requests should be directed to: 

 

Email:  legal@simnetwireless.com

Subject Line:  Civil Information Request

 

  • Customer Notice.  If you submit a valid Civil Information Request, we may be required by Regulation to provide or attempt to provide notice of the same to the Customer whose Customer Information is sought. In order to abide by the processes required by Regulation, the production of the requested Customer Information typically takes twenty (20) business days from the receipt of a valid Civil Information Request. 

 

  • Customer Objection. Customers who object to the production of their Customer Information by SimNet in response to a valid Civil Information Request should consult with an attorney.  Unless we receive documentation from a Customer showing that such Customer is seeking a protective order or similar protection filed with an appropriate Regulatory Authority prior to the date that our response to a Civil Information Request is produced, we will disclose the Customer Information requested in compliance with the Civil Information Request.

 

  • Fees. In order to offset the costs of our cooperation in civil matters, we charge the following fees in association with civil matters:

 

  • Civil Information Request Compliance Fee.  We charge a flat fee of TWO HUNDRED AND FIFTY AND NO/00 U.S. DOLLARS ($250.00) for producing records in order to comply with a valid Civil Information Request, which must be submitted prior to the initiation of the production.  This fee includes research, courier, copying, and related costs.  However, we reserve the right to increase the preceding flat fee at our discretion if we determine in our sole discretion that the Civil Information Request is seeking atypically voluminous records or in the event where retrieval of the necessary records requires atypical effort.  In such event, we will notify you of any such increase prior to the production of the requested information. 

 

  • Testimony Fees. If any of our Personnel are subpoenaed to appear in court to provide testimony, and the witness fee is not set by Regulation in the respective jurisdiction, we  charge TWO HUNDRED AND FIFTY AND NO/00 U.S. DOLLARS per hour ($250.00/hr) billed by the quarter of the hour for such witness testimony, including travel time to and from court, plus the reasonable cost of travel, including mileage at the then current Internal Revenue Service rate, tolls, parking, airfare, rental car, train fare, taxi fare, or rideshare fare, food at a per diem rate of SEVENTY-FIVE AND NO/00 U.S. DOLLARS ($75.00) and lodging in accordance with our travel and expenses policies.  We reserve the right to request pre-payment of an amount that is one half (50%) of the reasonably estimated witness testimony fee. 

 

  • Payment.  Payment of the aforementioned fees should be submitted to:

 

SimNet, LLC

Attn:  Civil Information Request

8000 Centre Park Dr. Ste. 220

Austin, TX 78754