(a) Purpose.
(1) Springs-Net is a municipally owned fiber optic broadband utility. Its purpose is to allow Yellow Springs residents to connect to the internet at fast speeds. Subscribers will use Springs-Net much as they would a commercial broadband service.
(2) Because some telecommunications companies have, in the past, allowed government surveillance of the data passing over their networks without requiring a court order or search warrant, and because many of those companies use or market customer data for commercial purposes, the Village of Yellow Springs is hereby adopting a privacy and net neutrality policy for Springs-Net to assure users of Springs-Net that such practices will not be used by Springs-Net. The adoption of these policies pursuant to Chapter 607 guarantees citizens that the policies will be in effect and will not be changed without public notice and a hearing. The policies are appended here. Any contractor employed by Springs-Net to build or operate any portion of the network will be required to abide by these policies.
(b) Authorized Use. The only authorized use for Springs-Net is as a network to connect subscribers to the internet to allow them to send and receive data over the internet. The village is authorized to collect only the data necessary for the management of that network subject to the specific limitations in the policies adopted.
(c) Adverse Impact Safeguards.
(1) The privacy policy provides that Springs-Net will not inspect the traffic over its network and will protect the privacy of users on the network. It will collect and retain only the user account information needed for internal service support and billing and will only log other information needed for networking and support issues. All such information is considered private will not be shared for marketing nor will it be resold, and all logged data will be deleted at regular intervals. The net neutrality statement provides that Springs-Net will treat all data on its network equally and not give preferential treatment to any traffic.
(2) User information will be kept private and only be shared with other entities as legally required by subpoena, court order, or other legal process. Any such request will be reviewed by counsel to validate relevance and validity.
(d) Data Collection and Review. For networking and support issues Springs-Net will log information only necessary to manage the network and provide needed support services.
(e) Data Retention. Data collected as part of the operation of Springs-Net will be deleted at regular intervals.
(f) Data Sharing. Springs-Net does not share account information or data related to network capacity and performance with any third parties. Springs-Net will only share consumer data with other entities as legally required by a subpoena, court order, or other legal process to comply with local, state, or federal law.
(g) Oversight. The village manager is responsible for ensuring that the protections in the privacy policy and net neutrality policy are followed by Springs-Net and any contractors.
(h) Citizen Concerns. Any concerns about the operation of Springs-Net or compliance with the privacy or net neutrality policy should be sent to support@yso.com.
(i) Net Neutrality and Privacy Policies. The Net Neutrality and Privacy policies have been adopted pursuant to Chapter 607
of the Codified Ordinances of Yellow Springs and may only be amended pursuant to the procedures and requirements of that chapter.
(1) Net Neutrality Policy. Springs-Net is dedicated to providing and defending a private internet experience for all our users. Springs-Net treats all bandwidth on its network equally and does not give preferential treatment to any traffic based on the type, origin, or destination. Moreover, we do not inspect the traffic and believe that users on our network are entitled to a private interaction with the internet. Any contractor employed by Springs-Net to operate any part of the Springs-Net network is required to abide by this policy. Springs-Net does actively monitor capacity and other metrics related to network performance to ensure that all users have the best possible experience. Springs-Net will continue to invest in its network to meet the customers' needs for internet speeds, capacity, and services.
(2) Privacy Policy.
A. Springs-Net collects and retains user account information (such as name, address, email address, etc.) for internal service, support, and billing. For networking and support issues Springs-Net also logs other information (such as mac address, DHCP lease information) but deletes these logs at regular intervals. All this information is considered private. Springs-Net does not share consumer information for marketing purposes, nor do we resell it to third parties. Any contractor employed by Springs-Net to operate any part of the Springs-Net network is required to abide by this policy.
B. This information will only be used and shared as necessary to:
1. Render, or conduct a legitimate business activity related to, Springs-Net services and service features or other services provided to the subscriber;
2. Install, configure, operate, provide, support, and maintain Springs-Net services;
3. Confirm that you are receiving Springs-Net services as requested and are properly billed for it;
4. Identify you when changes are made to your account;
5. Make you aware of Springs-Net equipment or services;
6. Understand the use of, and identify improvements to, our service;
7. Detect unauthorized use or abuse of Springs-Net services;
8. Manage Springs-Net services network;
9. Configure network interface devices such as routers, ONT's or other service-related devices; and;
10. To comply with Local, State or Federal law.
C. User information will only be shared with other entities as legally required by a subpoena, court order or other legal process. Any such requests will be reviewed by our counsel to validate relevance and validity.
(3) Changes to Privacy and Net Neutrality Policies. We reserve the right to change the terms of this Privacy Policy and this Net Neutrality Policy. Any such changes will only be made pursuant to Chapter 607 of the Codified Ordinances of Yellow Springs which requires that the Village Council approve such changes after a public hearing. All changes will be effective upon approval and will be posted on this page.
(4) Contacting us About Privacy or Net-Neutrality Questions or Concerns. If you have any questions about this Privacy Policy or this Net Neutrality Policy, please email mailto:info@yso.com and note "Springs-Net Privacy/Net Neutrality" in the subject line.
(Ord. 2022-29. Passed 8-15-22.)