Nevada Donor Network
Effective as of: 10/4/20
These terms (“Terms”) apply to the website and services (“Service(s)”) provided by Nevada Donor Network or its affiliates (“Nevada Donor Network,” “we,” “us,” “our”) and describe your rights and obligations in connection with the Service and how we collect, process, and use your personal information when you use our Services. We are committed to maintaining your trust, and we want you to understand how we use your information, and when and with whom we may share the information we collect.
- Terms Generally
Please read these Terms carefully. By accessing, reviewing, downloading, or otherwise using the Services, you indicate that you have read, understood and agree to these Terms. If you do not want to agree to these Terms, then you must not access or use the Services. Each time you visit the Services, you consent to the collection, use, disclosure, and processing of personal information in accordance with these Terms. If you provide any personal information that relates to another person, you hereby state and agree that you have obtained proper consent from such person for the collection, use, disclosure, and processing of such personal information as described in these Terms.
The Services are offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using our Services, you represent and warrant that you are of legal age to form a binding contract with us, and if you are acting on behalf of another person, that you have the legal power and authority to do so. If you are under the age of 18, you may only access and use the Services with the consent and help of your parent or guardian. If you do not meet these requirements, please do not access or use our Services.
We reserve the right to change these Terms from time to time and in our sole discretion, except where prior notice or consent is required by law, and we regularly review and update these Terms. If we make a material change to our Terms, we will provide notice to you (by email or by posting on our website). By continuing to access or use the Services after those changes become effective, you agree to be bound by the revised Terms. We encourage you to periodically review these Terms to be informed of your rights, obligations, and how we are protecting your information. The date these Terms were last revised is at the top of this page.
- Your Use of the Services
You are solely responsible for making all arrangements necessary for you to access our Services, including having appropriate internet access and other equipment or utilities. To access our Services or some of the resources it offers, you may be asked to provide certain registration details or other information, which may include your personal information. All the information that you provide must be correct, current, and complete. You agree that all information you provide to register with our Services or otherwise is governed by these Terms, and you consent to all actions consistent with these Terms that we may take with respect to your information.
You may have the opportunity to create an account on or through the Services. If you choose, or are provided with, a username, password, or any other access credentials or information as part of our security procedures in order to access the Services or other resources offered through our Services, you must treat such information as confidential, and you must not disclose it to any other person or entity. You agree to notify us immediately of any unauthorized access to or use of your account or access credentials, or any other breach of security of which you may become aware. You are responsible for all submitted content and activity through your account. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
You agree to comply with all applicable laws and regulations regarding your access to and use of the Services. You represent and warrant that you have the right to provide and use all information, content, and data that you provide to the Services. You shall not use the Services, directly or indirectly: (a) in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries); (b) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; (c) to send, knowingly receive, upload, download, use, or re
use any material that does not comply with these Terms or to post, transmit or disseminate objectionable content, including, content that is obscene, threatening, defamatory, encourages unlawful behavior, or infringes upon the intellectual property or other rights of any third party; (d) to transmit, or procure the sending of, any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (e) to impersonate or attempt to impersonate Nevada Donor Network, a Nevada Donor Network employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); (f) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Nevada Donor Network or users of the Services, or expose them to liability, including to knowingly disrupt the Services, or to introduce any viruses, Trojan horses, worms, logic bombs, or other harmful material; (g) to inappropriately harvest or otherwise collect information about others, without their consent; (h) to attempt to gain unauthorized access to Services or to other’s devices, accounts, systems, or networks; (i) to copy, duplicate, distribute, modify, adapt, hack, create derivative works, reverse engineer, or decompile any part of the Services; (j) for timesharing purposes; or (k) to sell, resell, lease, license, sublicense, distribute, provide, disclose, exploit or otherwise grant access or make any part of the Services available to any third parties. You shall not remove, obscure, or alter any confidentiality legends or other intellectual property or proprietary notices affixed to, or contained within, any part of the Services.
III. Online Materials and Trademarks
Our Services and all of the content featured on our Services, including its text, software, logos, trademarks, service marks, trade names, images, artwork, photos, illustrations, the “look and feel” of the Services, audio and video clips, music, and other content and materials (“Online Material(s)”) are owned by Nevada Donor Network, our affiliates, or our or their licensors and are protected by intellectual property and applicable laws. Subject to compliance with these Terms, we hereby grant to you a limited, non-exclusive, non-transferable, non
sublicensable right to access and use our Services solely for your personal, non-commercial purposes. You are not granted any rights in or to the Service and its contents, other than the limited right to use the Service according to these Terms, and all rights not expressly granted are reserved by us. The Nevada Donor Network name and logo and all related trademarks, service marks, logos, product and service names, designs, and slogans are trademarks of Nevada Donor Network, its affiliates, or its or their licensors. All other names, logos, product and service names, designs, and slogans on this Services are the trademarks of their respective owners. You may not use any trademarks or other marks or branding on our Services without the prior written permission of the appropriate owner.
THE SERVICE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. NEVADA DONOR NETWORK DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SERVICES SHALL BE TO DISCONTINUE USING THE SERVICES.
- Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL NEVADA DONOR NETWORK, ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, LICENSORS, AND SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY USE, INTERRUPTION, DELAY, OR INABILITY TO USE THE SERVICES, INCLUDING ANY BODILY INJURY, HARM, LOSS OF LIFE, OR IMPAIRMENT TO HEALTH OR WELLBEING THAT MAY ARISE OUT OF OR RESULT FROM THE USE OF, OR FAILURE TO USE, THE SERVICES; (B) LOST REVENUES OR PROFITS; (C) DELAYS, INTERRUPTION, OR LOSS OF SERVICES, BUSINESS, REPUTATION, OR GOODWILL; (D) LOSS OR CORRUPTION OF DATA; (E) LOSS RESULTING FROM SYSTEM OR SYSTEM SERVICE FAILURE, MALFUNCTION, OR SHUTDOWN; (F) FAILURE TO ACCURATELY TRANSFER, READ, OR TRANSMIT INFORMATION; (G) FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION; (H) SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT COMPATIBILITY INFORMATION; (I) BREACHES IN SYSTEM SECURITY; (J) ANY ERRORS OR OMISSIONS IN THE SERVICES; (K) YOUR RELIANCE ON ANY SERVICES OR CONTENT; OR (L) DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SERVICES, YOUR USE OF THE SERVICES, OR CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES OR CONTENT IS TO CEASE ALL OF YOUR ACCESS TO AND USE OF THE SERVICE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF NEVADA DONOR NETWORK SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to defend, indemnify, and hold harmless Nevada Donor Network, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to (a) your violation of these Terms or any representation or warranty contained herein; (b) your use of the Services and your use of any third
party services or content through the Services; (c) your violation of any third party right, including without limitation any intellectual property or privacy rights; or (d) your violation of applicable law in connection with the use of our Services. Nevada Donor Network reserves the right, in its discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Nevada Donor Network in asserting any available defenses, and you will reimburse Nevada Donor Network for all costs incurred in its assumption of the defense.
VII.Governing Law and Venue
All matters relating to the Services and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Nevada without giving effect to any choice or conflict of law provision or rule (whether of the State of Nevada or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be subject to the exclusive jurisdiction of the appropriate courts located in the state of Nevada. You hereby waive any and all objections and irrevocably and unconditionally consent to jurisdiction in such courts and venue.
VIII. Monitoring and Enforcement
We have the right, but not the obligation, to monitor the Services. We have the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of our Services. We also reserve the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, in our sole discretion. YOU WAIVE AND HOLD US HARMLESS
FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT AUTHORITIES. We assume no liability for any action or inaction regarding transmissions, communications, or content provided by you or anyone else. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section.
- Making a Donation or Purchase
If you wish to make a donation or to purchase any item or service through the Services, you may be asked to supply certain information relevant to your transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION THROUGH THE SERVICES. You further represent and warrant that (a) the credit card or other payment information that you provide is accurate and complete, (b) charges incurred by you will be honored by your credit card company or other payment institution, and (c) you will pay charges incurred by you at the posted prices, including shipping and handling, and applicable taxes. You acknowledge and agree that we may use third-party payment processors, or other third-party service providers, in order to process your payment information. By submitting information for your services request, you grant to Nevada Donor Network the right to provide such information to third parties for purposes of facilitating the completion of the transaction initiated by you or on your behalf. Payment is subject to validation and authorization by both the card issuer/credit company or payment processor and Nevada Donor Network to maintain security and to prevent fraud.
- Termination and Survival
You may terminate these Terms by discontinuing your use of the Service and deleting all versions of the Service and its content that you may have downloaded. Nevada Donor Network may terminate these Terms and discontinue the Service or portions thereof at any time without notice, which Nevada Donor Network may do in its sole discretion. In addition, these Terms will terminate immediately and automatically without any notice if you violate any of the terms and conditions of these Terms. Upon termination, all rights granted to you under these Terms will also terminate, and you must cease all use of the Services. Termination will not limit any of Nevada Donor Network’s rights or remedies at law or in equity. Sections I, III, IV, V, VI, VII, and X through XXV shall survive any termination or expiration of these Terms.
- Information Posted on the Services and Third-Party Websites and Materials
The information and resources, including but not limited to forms and documents, presented on or through our Service are made available solely for general education and information purposes. We do not warrant the accuracy, completeness, or usefulness of this information or any resources. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our Services, or by anyone who may be informed of any of its contents.
Our Services may include content provided by third parties, including materials provided by other users and third party licensors or links to other third-party sites that are not owned or controlled by Nevada Donor Network. Nevada Donor Network is not responsible for the statements, practices, or other content of such other sites and third parties outside of our Services. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. We encourage you to review the terms and privacy statements of websites and resources that you choose to visit from our Services so that you can understand your rights and obligations for those third-party websites and how those websites collect, use and share your information.
XII.Submitting Feedback and Materials to Us
All comments, feedback, suggestions, ideas for services, and similar submissions disclosed, submitted or offered in connection with your use of the Services (collectively, “Feedback”) shall be the exclusive property of Nevada Donor Network. By submitting Feedback, you hereby assign to Nevada Donor Network all worldwide rights, titles and interests in and to the Feedback and all copyrights and other intellectual property rights therein. You hereby waive all moral rights in any Feedback in favor of Nevada Donor Network. Nevada Donor Network shall not be limited in any way in its use, commercial or otherwise, of any Feedback, and may use, or decline to use, any Feedback without further obligation or payment to you. You are and shall remain solely responsible for the content of any Feedback you offer or submit.
You may have the opportunity to share your story through our Services by providing to us or to others certain information, materials, stories, comments, experiences, photographs, reviews, or other content (“User Content”). You are solely responsible for your User Content and the consequences of submitting your User Content to Nevada Donor Network for sharing with others or publishing, including but not limited to the legality, reliability, accuracy, and appropriateness of your User Content. We are not responsible for, or liable to, any third party for the content or accuracy of any User Content provided by you or any user of the Service.
We strongly discourage you from including any sensitive, identifying information (such your address) in your User Content, including but not limited to information regarding any health condition or your health status, and you expressly agree not to include any sensitive, personal or health-related information about you or anyone else in your User Content that you do not want to be shared publicly. You represent and warrant that: (a) you own or control all rights in and to your User Content and have the right to grant the licenses described herein to us and our partners, affiliates, and service providers, and each of their and our respective affiliates, partners, licensees, successors, and assigns; (b) all of your User Content does and will comply with these Terms; (c) none of your User Content will infringe upon, misappropriate, or otherwise violate any person’s rights, including any intellectual property, privacy, or publicity rights. To the extent that you choose to include the name, story, image, likeness, and other personal characteristics or information about yourself or anyone else in your User Content, you represent that you have the appropriate permissions, if needed, in order to provide such content and information to us, and you expressly consent and request that we use such information in any way we deem appropriate in order to fulfill our mission and the purpose of the Nevada Donor Network and the Services that we provide. You agree to provide to us a copy of any such consents, releases, or permissions upon our request. It is completely optional whether or not you choose to provide User Content, and you choose the nature and kind of the User Content that you provide.
Your submission of User Content may be subject to additional or different terms between you and Nevada Donor Network that you agree to when you provide your User Content for a particular purpose, and this Agreement does not supersede or replace such terms. Subject to any express use limitations or restrictions in such additional or different terms, you hereby grant to Nevada Donor Network and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a non-exclusive, royalty-free, transferable, worldwide, perpetual, irrevocable right and license to use, reproduce, modify, adapt, publish, translate, transmit, distribute (through multiple tiers), create derivative works of, and publicly display your User Content, in whole or in part, and to grant and authorize sublicenses of the foregoing, for the purposes of sharing your story with others within the Nevada Donor Network community and/or meeting the objectives of Nevada Donor Network and its Services. You also grant to the other users of the Service a non-exclusive license to access your User Content, and to use, reproduce, create derivative works of, adapt, publish, transmit, distribute and publicly display such User Content subject to these Terms. You grant to Nevada Donor Network the right to identify you as the author of your User Content by name, email address, screen name, likeness, or other identifying information.
YOU ACKNOWLEDGE AND AGREE THAT YOU SHOULD NOT POST OR SUBMIT ANY PERSONAL INFORMATION, INCLUDING PROTECTED HEALTH INFORMATION, IN CONNECTION WITH PROVIDING ANY FEEDBACK OR USER CONTENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY IRREVOCABLY WAIVE ALL LEGAL AND EQUITABLE RIGHTS RELATING TO ALL LIABILITIES, CLAIMS, DAMAGES, AND EXPENSES (INCLUDING BUT NOT LIMITED TO COPYRIGHT OR
TRADEMARK INFRINGEMENT, INFRINGEMENT OF MORAL RIGHTS, LIBEL, DEFAMATION, INVASION OF PRIVACY, VIOLATION OF RIGHTS OF PUBLICITY, OR ANY SIMILAR CLAIM OR CAUSE OF ACTION IN ANY OTHER LEGAL THEORY (COLLECTIVELY, “CONTENT CLAIMS”) ARISING DIRECTLY OR INDIRECTLY FROM THE EXPLOITATION OR OTHER USE OF YOUR USER CONTENT PURSUANT TO THESE TERMS, AND YOU COVENANT NOT TO MAKE OR BRING ANY SUCH CONTENT CLAIM AGAINST NEVADA DONOR NETWORK, AND FOREVER RELEASE AND DISCHARGE NEVADA DONOR NETWORK FROM LIABILITY UNDER SUCH CONTENT CLAIMS. YOU REPRESENT AND WARRANT TO NEVADA DONOR NETWORK THAT YOU HAVE FULL RIGHT, POWER, AND AUTHORITY TO AGREE TO THE TERMS OF THIS SECTION AND TO GRANT THE RIGHTS HEREUNDER.
XIII. Information that We Collect in Connection with the Services
We may collect the following types of information:
- Name, email address, phone number, postal address, birthdate, and other contact information or information that we may request or that you may provide to us about you.
- Username and password, if you create an account through our Services.
- Personal health information, including information about your diagnosis and general health. • Information that is about you, but that does not identify you as an individual, such as web analytics. • Details of transactions your carry out through our Services, including financial information, such as
credit/debit card information and account numbers related to your purchases or financial donations. • Records and copies of your correspondence (including email addresses) if you contact us. • IP addresses, operating system type and version, device identifiers, and other information collected through cookies or other passive means.
- Donations, downloads, and usage of our Services, including how you use and interact with our website (including information about frequency, duration, date and time, quantity, quality, and performance information related to logins, clicks, and other use information).
- Geolocation, such as where you are located when you are using our Services.
- Other data or pieces of information that may identify you individually.
XIV. How We Collect Information
We collect certain types of information in the following ways:
- Directly from you, when you provide it to us.
- Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
- From third parties, for example, our network partners.
Information You Provide to Us
For certain Services or activities, such as when you register to become a donor, make a donation, or contact us directly, we may ask you to provide information such as your name, email address, phone number, postal address, birthdate, and other contact information or information about you.
We also collect other information that you choose to provide, such as records and copies of your correspondence if you contact us, and the content that you provide through the Nevada Donor Network Services for the purposes of utilizing resources or connecting with others through our “Aftercare Program,” which provides support to families through phone calls, correspondence, events, grief literature and assistance in locating support resources in the community.
If you provide us with User Content and allow us to publish such content, you are giving us permission to disclose your content with others. For example, we may share such information with other donor families, recipients, or
on our website and in other forms throughout our community in order to provide hope, strength, and life to people in the state of Nevada and potential transplant recipients across the country.
- Internet protocol (IP) address, device and advertising identifiers, browser type, operating system, Internet service provider, pages that you visit before and after using the Services, the date and time of your visit, information about the links you click and pages you view within the Services, and other standard server log information.
- Location information when you use our Services, such as your mobile device’s GPS signal, or information about nearby WiFi access points and cell towers.
- Technical data to address and fix technical problems and improve our Services. Your device or browser settings may permit you to control the collection of this technical data.
To the extent that this automatically-collected information includes, or is maintained with, personal information, we will treat it in accordance with the privacy obligations of these Terms.
Information Collected from Third Parties
We may collect certain information from third parties or third-party services or use third parties or third-party services to collect certain information (each, a “Third-Party Service”). If you access the Services from an advertisement on a Third-Party Service, we may receive information from the owner of the Third-Party Service related to you or that advertisement. We may also receive information about you from other sources, including through third-party services and organizations. We may combine our first-party data, such as your email address or name, with third-party data from other sources and use this to contact you (e.g. through direct mail). For example, if you access Third-Party Services, such as Facebook, Google, or Instagram, through the Services to login to the Services or to share information about your experience on the Services with others, we may collect information from these Third-Party Services.
XV.Use of Information
We may use the information we collect online to:
- Provide and improve the Services;
- Configure and maintain your account, if applicable;
- Create or derive anonymous, aggregate information or data that does not identify you or any other particular individual;
- Train our personnel;
- Carry out our obligations and enforce our rights, including to enforce or apply our service terms and other agreements, including for billing and collection purposes;
- Contact you;
- Fulfill your requests for tools, products, services, and information;
- Process your payment and other information for donations that you make;
- Analyze the use of the Services and user data to understand and improve the Services; • Prevent fraud, harmful, unauthorized, illegal or other types of activity;
- Comply with any other court order, law, or legal process, including to respond to any government or regulatory request, or if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Nevada Donor Network, users of our Services, or others;
- Use the information that you choose to share with us to tell your story in order to connect you or your story with others and to further our mission and goals of providing hope and strength to donor families and transplant recipients;
- Provide our event emails, donation information, or other updates and information to you, when you subscribe to receive such information form us;
- Fulfill any other purposes disclosed to you at the time we collect your information or pursuant to your consent.
XVI. Disclosure of Information
We may disclose anonymous, aggregate information about you, users of our Services, or our other customers without restriction as long as that information does not identify any particular individual.
We may share your information in the following circumstances:
- Partners, Research Facilities, and our Network. Certain types of information may be shared with healthcare providers, research facilities, and laboratories that we work with to provide the Services. Our coordinators may facilitate correspondence between donor families and transplant recipients if you choose to participate in the Aftercare Program or other Services we provide.
- Authorized Third-Party Vendors and Service Providers. We may share your information with third-party vendors, partners, contractors, service providers, and other third parties that we use to support our business and who are bound by contractual or ethical obligations to protect your information and only use it for limited purposes associated with our Services, such as to help us with payment processing, customer service, email deployment, business analytics, marketing, performance monitoring, hosting, and data processing. If you provide your personal and financial information in order to make a donation through the Services, that information will be used by the us and our third-party payment processors in order to process your payment.
- Affiliates or Organization Restructuring. We may share your information with our affiliates or to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Nevada Donor Network’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Nevada Donor Network from our website users is among the assets transferred.
- Legal Purposes. We may disclose information to comply with applicable laws and to respond to subpoenas, court orders, legal process, law enforcement requests, legal claims or government inquiries, and to protect and defend the rights, interests, health, safety, and security of Nevada Donor Network, our affiliates, users, or the public. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction. We may be required to share information related to anatomical gifts and donations to government agencies or other organizations as required by law.
- Otherwise with Your Consent. We may also share your personal information with your consent. For example, we may share the information that you choose to share with us to tell your story with others in order to connect you or your story with donor families, transplant recipients, or others within our network and community.
When we work with third-party service providers, such as third-party payment processors, research facilities, and healthcare providers and services, we enter into a written agreement with such third parties in order to protect the confidentiality and use of your personal data when we use such third-party service providers. In some cases, such third parties may be considered business associates or may be part of other categories of providers with certain obligations under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and the Health Information Technology for Economic and Clinical Health Act of 2009 (“HITECH”) or the , as well as all related rules and regulations, each as amended from time to time. In those cases, access to your personal information will be governed by a business associate agreement, or other applicable written agreements, as required under applicable law.
If you choose to engage in public activities on the third-party sites that we link to, you should be aware that any information you share there can be read, collected, or used by other users of these sites and forums. You should use caution in disclosing personal information while participating in these areas. We are not responsible for the information you choose to submit in public areas.
We do not sell your personal information, as contemplated by Nevada law, to third parties for any purposes. XVII. Your Health Information
You may have the opportunity to provide personal information to us on or through the Services that we may disclose to healthcare providers and research facilities, at which time such personal information may become protected health information subject to HIPAA or HITECH. These Terms are separate from and are not intended to replace or alter any disclosures or information that you may receive related to your health information, including any notices that you may be provided by us or by the healthcare providers that we work with in connection with HIPAA or HITECH.
We take steps to maintain appropriate technical safeguards for the protection and security of the information processed through our Services, but no method of security online is ever perfect. We will comply with our obligations under the HIPAA, HITECH, and other applicable laws or regulations, in addition to separate agreements that we have in place with our healthcare providers and labs when we access, process, or use your protected health information. Certain communication methods that you may utilize in accessing our Services, products, and services (such as email) may not comply with the technical security or standards set forth in in
HIPAA or HITECH. When you provide your email to us or set up an online account through our Services, you are requesting that we use these communication methods to access your protected health information through such communication methods, and you represent and warrant that you are requesting and consenting to the use of such methods and doing so with the knowledge that we are not able to guarantee the security of such information or data. YOU ACKNOWLEDGE AND UNDERSTAND THAT EMAIL AND OTHER FORMS OF ELECTRONIC MESSAGING ARE NOT A SECURE METHOD OF COMMUNICATION AND THAT ANY PROTECTED HEALTH INFORMATION SUBMITTED BY YOU VIA EMAIL OR OTHER ELECTRONIC MESSAGES WILL NOT BE ENCRYPTED.
It is your decision and at your discretion whether or not to provide us with access to personal information through the Services, including using such communication methods that are not HIPAA compliant, and by doing so, you represent and warrant that you are requesting and consenting to the use of such access, storage, processing, and transmission of your personal information using the Services and any such communication methods. You also acknowledge that we cannot guarantee the security of such information or data. You assume all risk in providing or sending your personal information on or through our Services. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT
MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES, INCLUDING YOUR DOWNLOAD OF ANY MATERIAL POSTED ON THE SERVICES, OR ON ANY OTHER SERVICES LINKED TO OUR SERVICES.
Except for your health information, you acknowledge and agree that we may use certain data received or created through our services in any way allowed under applicable laws. We will only use your protected health information (“PHI”) that we receive or create through our Services in a manner consistent with HIPAA, all other applicable laws, and pursuant to any business associate agreements and other agreements that we have in place with our healthcare and lab providers.
There are certain notices that only apply to PHI. THIS NOTICE DESCRIBES HOW YOUR PHI MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. WE ARE REQUIRED BY LAW TO MAINTAIN THE CONFIDENTIALITY OF YOUR PHI AND NOTIFY YOU REGARDING THE USE OF YOUR PHI AND OUR PRACTICES REGARDING ITS SECURITY. THIS NOTICE IS CURRENT AND EFFECTIVE AS OF THE DATE FIRST SET FORTH ABOVE. PLEASE REVIEW THIS INFORMATION CAREFULLY:
- Business Transfers. HIPAA permits organizations to transfer PHI in certain circumstances: o We can transfer your information as part of a transfer of the assets of the organization, merger, or consolidation or in the unlikely event of bankruptcy, if such transfer is permissible under HIPAA and addressed within Nevada Donor Network’s HIPAA Notice of Privacy Practices.
o We may share and transfer your information to certain third parties who are also bound by HIPAA and HITECH’s obligations to the extent they perform certain services for Nevada Donor Network that require access to your PHI. Such use of your PHI is permitted by HIPAA even without your prior approval or authorization as part of NDN’s payment activities, healthcare operations, including but not limited to its business management and general administrative activities, as defined and/or allowed within HIPAA.
- PHI Uses Generally. We may use or disclose your PHI as described below:
o We will only use any PHI you voluntarily provide directly to us within Nevada Donor Network for the purpose of sharing information, events, and services available to you, or as you otherwise permit with your written consent.
o Your PHI will be used by Nevada Donor Network and its business associates who have agreed to protect the confidentiality of your PHI consistent with HIPAA and HITECH
o We may also use and disclose your PHI for any purpose and in any manner permitted by HIPAA and HITECH that does not require your express prior authorization, including in manners not specifically identified above as “Business Transfers”.
o We and Nevada Donor Network may use and disclose your PHI to coordinate or manage services related to your healthcare and related services, including with a third party, such as hospitals, insurers, government payors (e.g., Medicare, Medicaid, and Tricare), and physicians.
o We and Nevada Donor Network may use and disclose your PHI, as needed to obtain and coordinate payment for your healthcare services, such as fundraising, seeking donations where permitted by law, obtaining approval for payment or reimbursement of expenses.
o We and Nevada Donor Network may use or disclose your PHI to support our collective business activities, including but not limited to quality assessment, employee review, accreditation activities, conducting or arranging other business activities, contacting you regarding our services to you, and otherwise communicating with you.
o We will never release your PHI with an outside organization that is not contemplated within the preceding points unless you sign a written authorization to release such information to such a third party, to yourself, or as you otherwise provide with your written consent.
o Companies Nevada Donor Network works with, and which provide services to NDN, are provided only enough information (i.e., the “minimum necessary”) to provide services necessary to provide their services that relate to you.
o Additionally, we may disclose your PHI under certain circumstances without your authorization or prior notice, including: where such disclosure is required by law; disclosures relating to
communicable diseases, health oversight activities, abuse and neglect, required by the Food and Drug Administration, used in legal proceedings, law enforcement activities, inmates, military activity, national security, and worker’s compensation. Additionally, we must make disclosures when required by the Secretary of Health and Human Services to investigate or determine our compliance with the requirements of 45 C.F.R. Part 164, Subpart E.
- Contact and Your Rights. For more information, including to inquire or make a complaint regarding your PHI, please contact email@example.com or call 855-NVDONOR.
o In order to exercise your rights to access or amend your PHI, or receive an accounting of your PHI’s disclosure as may be required by law, we accept such requests in writing by contacting firstname.lastname@example.org or by calling 855-NVDONOR to obtain forms for such activities, or to obtain assistance to complete such requests or activities in writing. Additionally, you may not inspect or copy the following records: psychotherapy notes, information compiled in anticipation of or use in a civil, criminal, or administrative action or proceeding, and PHI that is subject to a law that prohibits access to such PHI.
o You have a right to request a restriction of your PHI, meaning that you may ask us not to use or disclose nay part of your PHI for the purposes of treatment, payment, or healthcare operations. You may also request that any part of your PHI not be disclosed to family members, friends, o others who may be involved in your care, or for notification purposes described herein. Your request must state the specific restriction requested and to whom you want this restriction to apply. We are not required to agree to your requested restriction. If we believe it is in your best interest to permit use and disclosure of your PHI, then your PHI will not be restricted, and you have the right to seek care, treatment, or services from another healthcare provider.
o You may contact us for our complete notice of privacy practices or further information regarding Nevada Donor Network’s privacy practices at email@example.com or 855-NVDONOR.
o You may complain to us or to the Secretary of Health and Human Services if you believe your privacy rights have been violated. You may file a complaint with us by submitting it in writing to firstname.lastname@example.org, and we will not retaliate against you for filing a complaint.
XVIII. Your Choices
We strive to provide you with choices regarding the personal information you provide to us. You may control your information in various ways:
- Disable Cookies and Other Automatic Data Collection. You may be able to refuse or disable cookies by adjusting your web browser settings. Because each web browser is different, please consult the instructions provided by your web browser (typically in the “help” section). Please note that you may need to take additional steps to refuse or disable Local Shared Objects and similar technologies. For example, Local Shared Objects can be controlled through the instructions on Adobe’s Setting Manager page. If you choose to refuse, disable, or delete these technologies, some of the functionality of the Services may no longer be available to you.
o You may be able to opt out of interest-based advertising across browsers and devices from companies that participate in the Digital Advertising Alliance by visiting: http://www.aboutads.info/choices, or the Network Advertising Initiative by visiting: http://www.networkadvertising.org/choices..
o You may also be able to opt out of interest-based advertising through the settings within your mobile device, but your opt-out choice may apply only to the browser or device you are using when you opt out, so you should opt out on each of your browsers and devices if you want to disable interest-based advertising for those browsers and devices. If you opt out, you will still receive ads but they may not be as relevant to you and your interests, and your experience on our Services may be degraded.
o If we are processing your personal information based on your consent (as indicated at the time of collection), you have the right to withdraw your consent. If you exercise this right, you will no longer be able to use the Services requiring such consent.
- Do-Not-Track Signals and Similar Mechanisms. Some web browsers transmit “do-not-track” signals to websites. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. We currently do not take action in response to these signals.
XIX. Accessing and Correcting Your Information
You may contact us by sending us an email at email@example.com to request access to, correct or delete, to the extent permissible by law, any personal information that you have provided to us. It is important that you let us know as soon as possible if you believe that any personal information that we have about you is incorrect, or is, has been, or might be used inappropriately, so we can take commercially reasonable steps to correct, delete, or restrict the use of such information, as appropriate. There are some circumstances where we will not be able to fulfill your request, for example, if regulatory obligations, legal matters, or certain operational or technical constraints prevent us from doing so. We will not accommodate a request to change information if we believe the change would cause the information to be incorrect or violate any law or legal requirement. Under certain circumstances, you have the right to lodge a complaint about our practices with respect to your personal information with certain agencies or supervisory authorities, or directly to Nevada Donor Network.
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password or other access credentials for certain parts of our Services, you are responsible for keeping such access credentials confidential. Do not share your password with anyone. Unfortunately, the transmission of information via the internet is not completely secure. Although we do what we can to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services.
XXI. International Users
We are located, and operate, in the state of Nevada and maintain information in the United States of America and in accordance with the laws of the United States, which may not provide the same level of protection as the laws in your jurisdiction. By using the Services and providing us with information, you understand and agree that your information may be transferred to and stored on servers located outside your resident jurisdiction and, to the extent you are a resident of a country other than the United States, that you consent to the transfer of such data to the United States for processing by us in accordance with these Terms.
XXII. Nevada Residents
If you are a Nevada resident, please see above for information regarding our privacy practices, including the information we collect, how you may review and update this information, and how we notify users of changes to these Terms. As noted above, we do not sell your personal information, as that term is defined by Nevada law. If you have further questions or would like to make additional requests regarding your personal information, please contact us by email at firstname.lastname@example.org.
XXIII. Waiver and Severability
No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms are held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent, such that the remaining provisions of these Terms shall continue in full force and effect.
XXIV. Electronic Communications, Transactions and Signatures
Visiting our Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on our Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA OUR SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. We may provide notice to you under these Terms by posting the notice to our Services or by email to the email address that you provide. It is your responsibility to keep your email address current.
These Terms and any terms referenced herein constitute the sole and entire agreement between you and us with respect to our Services and products or services offered through use of the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to our Services. We are not responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure arises out of any event that is beyond our reasonable control. Such events include, without limitation, failure of infrastructure, government intervention, wars, civil commotion, hijacking, fire, flood, accident, storm, strikes, riots, lockouts, terrorist attacks, pandemics, epidemics, quarantines, or industrial action affecting us or our suppliers. You will not assign any of your rights or obligations under these Terms without our prior written consent, and any purported assignment or delegation in violation of this Section is null and void. Nevada Donor Network may assign its rights and duties under this Agreement to any party at any time without notice to you. These Terms do not and are not intended to confer any rights or remedies upon any person other than you and the indemnified parties in Section V.
If you have any questions about these Terms or our practices, please email us at email@example.com or call us at 855-NVDONOR.