OUR COMMITMENT TO PRIVACY.
THE INFORMATION COLLECTED AND HOW IT IS COLLECTED.
- A.) Information You Provide. Generally, You may browse the Site without providing any personally identifiable information. However, the Piccolo Fund may ask that You provide information, including, without limitation, personally identifiable information, at various times and locations on this Site. For example, if You decide to post content to the Site, You will be asked to provide information such as Your name, address, phone number, and e-mail address. [Note: Will any further information be requested?] The Piccolo Fund may collect and store any personal information You enter on the Site.
- B.) Information Collected Automatically. When You visit the Site, the Piccolo Fund stores Your IP address and monitor Your activity on the Site. This information will not be stored in a manner that is personally identifiable with You. Also, in connection with Your visit to the Site, the Piccolo Fund may collect and disclose various categories of non-personally identifiable information, including, without limitation, aggregated statistics generated from visitors to the Site (“Users”). Any such information disclosed to unrelated third parties will not contain Your personally identifiable information.The Piccolo Fund uses “cookies” to help You access and navigate the Site more efficiently and to statistically monitor how many people are using the Site. A “cookie” is a small file or tool stored on the User’s hard drive containing information that allows the Piccolo Fund to deliver customized information to You. You may set Your browser to notify You of or decline the receipt of cookies; however, certain features of the Site may not function properly or be available if Your browser is configured to disable cookies.
The Piccolo Fund uses both “session” and “persistent” cookies on this Site. Session cookies are temporary bits of information that are erased once You exit Your web browser or turn off Your computer. Persistent cookies are more permanent bits of information that are placed on the hard drive of Your computer and stay there unless You delete the cookie. They store information on Your computer for a number of reasons, such as retrieving certain information You have previously provided (i.e., username and password), helping to determine what areas of the Site You find most valuable, and customizing the Site based on Your preferences on an ongoing basis. Persistent cookies placed on Your computer by this Site do not store any personal information.
C.) Information Collected by Third Parties. The Piccolo Fund may allow third parties to display advertisements on the Site. The Piccolo Fund and these companies may use tracking technologies, such as cookies, to collect information about Users who view or interact with these advertisements and connect to the Site. The Piccolo Fund does not provide any personal information to these third parties unless You have provided consent. This information allows the Piccolo Fund and these companies to deliver targeted advertisements and gauge their effectiveness. Some of these third party companies may be advertising networks that are members of the Network Advertising Initiative, which offers a single location to opt-out of advertisements targeting from member companies.
THE WAY INFORMATION IS USED.
When You provide the Piccolo Fund with Your personally identifiable information, the Piccolo Fund may use such information to facilitate communication with You, notify You of features or special events, manage our User registry and provide You with other information the Piccolo Fund feels may be of interest to You. The Piccolo Fund also uses information the Piccolo Fund collects to customize, analyze, adjust and improve the Site to meet the Users’ needs and expectations. The Piccolo Fund uses the information to enforce the Piccolo Fund’s agreements with You, to prevent fraud and other prohibited or illegal activities and for other legally permissible purposes. These uses of Your personally identifiable information may include, without limitation, the following:
- A.) E-Newsletters. You may choose to receive a newsletter via email from the Piccolo Fund which may include information such as highlights from different areas on the Site and information about new features. You can unsubscribe from the newsletter at any time by clicking on the “unsubscribe” link at the bottom of any email newsletter sent to You and following the instructions.
- B.) User Content. The Piccolo Fund features certain areas where Users can share information. Other visitors to the Site may view information posted in such areas of the Site. Further, the Piccolo Fund may include all or a portion of the information posted in such areas in the newsletters described above. By using the Site, You hereby acknowledge and agree that any information You share (including, without limitation, personally identifiable information) is available to the public. Information You post to the Site may be viewed, accessed, or collected by, or disclosed to, third parties and may be used by others in ways neither You nor the Piccolo Fund are able to control or predict, including, without limitation, to contact You for unauthorized purposes.
WITH WHOM YOUR INFORMATION IS SHARED.
- D.) Sale or Transfer of Information. In the event of a sale, merger, liquidation, dissolution, or sale or transfer of substantially all of the assets of the Piccolo Fund, personal Information and/or other information collected about You from the Site may be sold, assigned, or transferred to the party acquiring all or substantially all of the equity and/or assets of the Piccolo Fund in order to permit the party to continue the operation of the Site. Subject to Your ability to opt-out, by using this Site and submitting Your information to the Piccolo Fund, You consent to the sale and transfer of Your information as described in this paragraph.
Except as described above, the Piccolo Fund will not disclose Your personal information to other third parties unless You have provided consent.
The Piccolo Fund may provide links to third-party Web sites as a service to Users. Please be aware that the Piccolo Fund cannot control and are not responsible for the information collection practices of such Web sites, which may differ from those of the Piccolo Fund. The Piccolo Fund encourages You to review and understand the privacy policies of these Web sites before providing any information to them.
YOUR RIGHTS, OUR OBLIGATIONS.
The Piccolo Fund respects the privacy of Your personal information. If You tell the Piccolo Fund that You do not wish to have this information used as a basis for further contact with You, the Piccolo Fund will respect Your wishes. You can also choose not to provide the Piccolo Fund with certain information, but that may result in You being unable to use certain features of the Site.
You may instruct the Piccolo Fund to stop sending You certain promotional materials (e.g., e-mail messages, catalogues, postcards and letters) by following the unsubscribe instructions provided in those materials.
If You wish to opt-out of any continued communication (direct mail, telephone, fax or e-mail communications), please click here [please provide hyperlink]. The Piccolo Fund will process an opt-out request as soon as reasonably practicable. If You choose to opt-out of further communications, the Piccolo Fund will keep Your e-mail address, phone number, name and physical address on file for the purpose of honoring Your opt-out request.
If You wish to speak to a representative about Your privacy choices, please call: [provide contact number here].
You may also write to the Piccolo Fund at:
The Brian Piccolo Cancer Research Fund
1700 W. Van Buren Avenue, #250
Chicago, IL 60612
Attention: Privacy Administrator
The Piccolo Fund maintains a variety of physical, electronic, and procedural safeguards designed to protect Your personal information from unauthorized access and disclosure. For example, the Piccolo Fund uses accepted tools and techniques to protect against unauthorized access to the Piccolo Fund’s systems. In addition, the Piccolo Fund works to protect the security of Your personal information when utilizing the Site by using well-known Internet encryption technologies, such as Secure Sockets Layer (SSL). You should be aware that the Piccolo Fund has no control over the security of other sites on the Internet You might visit or interact with even when a link may appear to said site from ours.
The Piccolo Fund wants You to feel confident using the Site. However, no system can be completely secure. Therefore, although the Piccolo Fund takes steps to secure Your information, the Piccolo Fund does not promise, and You should not expect, that Your personal information, searches, or other communications will always remain secure. In the event of a breach of the confidentiality or security of Your personal information, the Piccolo Fund will notify You as necessary so You can take appropriate protective steps. The Piccolo Fund may notify You under such circumstances using the e-mail address(es) the Piccolo Fund has on record for You, and if You did not provide an e-mail address, by regular mail. Users should also take care with how they handle and disclose their personal information. Please refer to the Federal Trade Commission’s website at http://www.ftc.gov/bcp/menus/consumer/data.shtm for information about how to protect yourself against identity theft.
THE SITE IS NOT FOR USE BY CHILDREN.
The Site is a general audience site, and the Piccolo Fund does not knowingly market to, solicit information, or accept service from children under the age of 13. If a child under 13 submits information about themselves to the Piccolo Fund through any part of the Site, and the Piccolo Fund becomes aware that the person submitting the information is a child, the Piccolo Fund will attempt to delete this information as soon as possible. The Piccolo Fund requires that only persons 18 years of age or older use the Site. By using the Site, You hereby represent that You are at least 18 years old.
HOW CAN I REVIEW, UPDATE OR CORRECT MY INFORMATION?
If You would like to review, update or correct Your information, please click here [please provide hyperlink].
OTHER INFORMATION ABOUT OUR PRIVACY PRACTICES.
The Brian Piccolo Cancer Research Fund
1700 W. Van Buren Avenue, #250
Chicago, IL 60612
Attention: Sarah Finnegan, Coordinator
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
ACKNOWLEDGEMENT AND ACCEPTANCE.
- B.)This Site is controlled and offered by the Piccolo Fund from facilities in the United States of America and is intended for use by United States residents only. The Piccolo Fund makes no representations that the Site is appropriate or available for use in other jurisdictions. If You are a non-U.S. resident and access this Site, You do so at Your own risk and are responsible for compliance with local laws and regulations. You may not access, download, use or export the Site or the Content (as defined below) in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations.
d. NO INFORMATION CONTAINED ON THIS SITE SHOULD BE CONSTRUED AS MEDICAL ADVICE OR INSTRUCTION.
ACKNOWLEDGEMENT OF LICENSE GRANT AND SITE CONTENT.
- A.) You agree that when using the Site, You will act in a manner consistent with the goals of the Site, and by way of example, and not as a limitation, You specifically agree that:
- i. You will not, intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulation or law.
- ii. You will not post information on or download information from the Site unless You have all rights and authority necessary to do so.
- iii. You will not post any inappropriate, defamatory, foul, vulgar, obscene, sexually explicit, potentially libelous or slanderous, infringing, harmful, harassing, threatening, illegal, or otherwise objectionable material or information to the Site, including but not limited to, text, graphics, audio, and video files.
- iv. You will not defame, abuse, harass, stalk, threaten, embarrass, cause distress, unwanted attention or discomfort, or otherwise violate the legal rights (such as rights of privacy and publicity) of any User or representative of the Piccolo Fund. You may express Your disagreement with someone’s point-of-view, but personal attacks, or attacks based on another person’s race, national origin, ethnicity, religion, gender, sexual orientation, disability or other such condition or circumstance, are strictly prohibited.
- v. You will not impersonate another person or entity, including but not limited to, a Piccolo Fund representative, or communicate under a false name or a name that You are not entitled or authorized to use.
- vi. You will not post surveys, contests, chain letters, pyramid schemes, unnecessarily long messages, unnecessary or repetitive posts, multiple ratings for the same item, meaningless text, spamming, offensive declarations or exhortations, or other similarly disruptive content.
- vii. You will not falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material posted on the Site.
- viii. You will not post any files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- ix. You will not attempt to “crack,” “hack,” “bomb,” manipulate or otherwise gain unauthorized access to other User accounts, Piccolo Fund servers, Piccolo Fund software, or any areas of the Site not intended for Your access.
- x. You will not post, transmit, or distribute any unsolicited advertising, promotional materials or other forms of solicitation to Users, individuals or entities, except in areas designated by the Piccolo Fund for such purposes.
- xi. You will not harvest, mine or otherwise collect or store personal information about others, including, without limitation, e-mail addresses and the content of User profiles.
- xii. The Piccolo Fund neither endorses Your products or services, nor the content of the Your communications, postings or data, nor assumes any responsibility for any threatening, libelous, obscene, harassing or offensive material contained in such materials, or any crime facilitated by use of the Site.
Violation of any of the above may, at any time without prior notice, result in a warning, temporary limit or suspension or immediate termination of Your account or Your access to the Site, reporting of Your conduct to authorities, or legal action, as may be appropriate in the sole discretion of the Piccolo Fund. The Piccolo Fund has no liability or responsibility to Users or any other person or entity for performance or non-performance of the aforementioned activities. The Piccolo Fund shall not have any liability to You or to any third party in respect of any limitation or suspension of Your access to the Site.
- B.) If You post communications or other content to the Site, You agree that You are solely responsible for Your own communications, the consequences of posting those communications, and Your reliance on any communications found on the Site. The Piccolo Fund is not responsible for the consequences of any communications on the Site. The Piccolo Fund attempts to create a safe and supportive environment for all individuals by taking measures to prevent offensive behavior. However, the Piccolo Fund cannot and does not monitor the Site at all times and makes no guarantee with respect to Your experience. Anyone who feels that a posted message or image is objectionable is encouraged to notify the Piccolo Fund immediately. In cases where You feel threatened or believe someone else is in danger, You should contact Your local law enforcement agency immediately.
The Content available through the Site is for informational and educational purposes only and is not a substitute for the professional judgment of the health care professional in diagnosing and treating patients. The Piccolo Fund does not give medical advice, nor does it provide medical or diagnostic services. Your reliance upon Content obtained at or through the Site is solely at Your own risk. In consideration for Your use of this Site, You agree that the Piccolo Fund or any other party involved in producing or delivering this Site will not be liable to You for any action or non-action that You take in reliance upon the information provided on this Site. Call Your health care provider immediately if You think You may have a medical emergency. Always seek the advice of Your physician or other qualified health provider prior to starting any new treatment or if You have any questions regarding a medical condition. You acknowledge that health care information changes continually with advances in medical research, and that this Site, which is updated periodically, may not contain the most recent, complete or useful information at the time You access the Site. You understand that the health care providers whose information is available on the Site are not the agents or employees of the Piccolo Fund.
USER CONTENT AND ARTWORK.
- A.) As a User, You may submit textual content (“User Content”). You understand that whether or not such User Content is published, the Piccolo Fund does not guarantee any confidentiality with respect to any User Content.
- D.) You further agree that (i) You will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from their rightful owner to post the material and to grant the Piccolo Fund all of the license rights granted herein; and (ii) You will not, in connection with User Content, submit material that is contrary to applicable local, national, and international laws and regulations.]
- E.) The Piccolo Fund does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and the Piccolo Fund expressly disclaims any and all liability in connection with User Content. The Piccolo Fund does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and the Piccolo Fund will remove all Content and User Content if properly notified that such Content or User Content infringes on another’s intellectual property rights. The Piccolo Fund reserves the right to remove Content and User Content without prior notice.
The Piccolo Fund does not permit copyright infringing activities and other infringement of intellectual property rights on its Site, and the Piccolo Fund will remove all Content and User postings if properly notified that such Content or User postings infringe on another’s intellectual property rights. If You are a copyright owner or an agent thereof and believe that any User posting or other Content on the Site infringes upon or otherwise conflicts with Your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
- A.) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- B.) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- C.) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- D.) Information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number, and an electronic mail address;
- E.) A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- F.) A statement that the information in the notification is accurate and, under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please contact the Piccolo Fund’s designated Copyright Agent [include Copyright Agent information here] to send notifications of claimed infringement. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to the Piccolo Fund’s customer service through the Contact Us area of the Site. You hereby acknowledge and agree that if You fail to comply with all of the requirements listed above, Your DMCA notice may not be valid.
The Piccolo Fund and the Piccolo Fund’s logo and other product and service names of the Piccolo Fund are trademarks of the Brian Piccolo Cancer Research Fund (the “Piccolo Fund Marks”). You agree not to display, reproduce or otherwise use in any manner the Piccolo Fund Marks without the Piccolo Fund’s prior written permission.
The Site may provide links to other Web sites or resources. The Piccolo Fund is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. The Piccolo Fund shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on such external sites or resources. The Piccolo Fund provides these links and references to You only as a convenience, and inclusion of any link or reference does not imply endorsement of the Web site or other resource.
DISCLAIMER OF WARRANTIES.
- A.) THE USE OF THE SITE IS AT THE USER’S SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. THE PICCOLO FUND DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABLITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, INTEGRATION, COMPLETENESS OR TIMELINESS AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. THE PICCOLO FUND MAKES NO WARRANTY THAT THE SITE WILL MEET THE USER’S REQUIREMENTS OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED, NOR DOES THE PICCOLO FUND MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OR ANY INFORMATION OBTAINED THROUGH THE SITE.
- B.) ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT THE USER’S OWN DISCRETION AND RISK, AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM THE PICCOLO FUND OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
- C.) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO THE USER.
LIMITATION OF LIABILITY.
THE PICCOLO FUND SHALL NOT BE LIABLE TO THE USER OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, TRANSACTION LOSSES, OPPORTUNITY COSTS, INTERRUPTION OF BUSINESS OR COSTS OF PROCURING SUBSTITUTE GOODS) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OR THE INABILITY TO USE THE SITE, UNAUTHORIZED ACCESS TO, DELETION OR ALTERATION OF THE USER’S DATA, OR FAILURE OF THE SITE TO STORE THE USER’S DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE PROPERTY, EVEN IF THE PICCOLO FUND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- C.) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO THE USER.
The Piccolo Fund is pleased to hear from Users and welcomes Your comments regarding the Site. Please be advised, however, that the Piccolo Fund does not accept or consider unsolicited ideas, including ideas for new products or technologies, processes, materials, marketing plans, or new product names. Please do not send Your unsolicited ideas or any original materials to the Piccolo Fund or anyone at the Piccolo Fund. If, despite this request, You still send the Piccolo Fund Your ideas and materials, please understand that by submitting the information through this Site, You assign the Piccolo Fund, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in the information or materials You submit. We will be entitled to use any information and materials You submit through this Site for any purpose whatsoever without restriction and without compensating You in any way, and by submitting any such information and materials, You represent to the Piccolo Fund that You have the right to do so.
MODIFICATION, WAIVERS, INTEGRATION
NO RESALE OF THE SITE
Your right to use the Site is personal to You. You agree not to reproduce, duplicate, copy, sell or resell the Site, without the express written consent of the Piccolo Fund.
GOVERNING LAW, JURISDICTION, ETC.
Captions are for the ease of reference only and shall not affect the meaning of the relevant provisions.
The Brian Piccolo Cancer Research Fund
1700 W. Van Buren Avenue, #250
Chicago, IL 60612
Attention: Sarah Finnegan, Coordinator