Effective Date: 09/01/2019
PLEASE NOTE THE ARBITRATION PROVISION SET FORTH BELOW, WHICH MAY, EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY LAW, REQUIRE YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE AGAINST NPAF ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
Information We Collect
We collect the following information from and about you when you use our Sites:
Details of your visits to our website and the resources that you access, including, but not limited to, traffic data, location data, weblogs and other communication data.
Information that you choose to provide by filling in forms on our website, such as when you register a request for information or choose to subscribe to a NPAF distribution list.
Information provided to us when you choose to communicate with us for any reason.
On occasion, we may gather information about your computer or other device for our services. Such information will not identify you personally; it is statistical data about our visitors and their use of our site. This statistical data does not identify any personal details whatsoever.
All computers have the ability to automatically accept or decline cookies. This can be done by activating the setting on your browser which determines how to deal with cookies. Please note that should you choose to decline cookies, you may be unable to access particular parts of our website.
Use of Your Information
The information that we collect and store relating to you and your web activity is primarily used to enable us to provide quality services to you. In addition, we may use the information for the following purposes:
To provide you with information specifically requested from us, relating to our products or services.
To provide information on other resources which we feel may be of interest to you, if and only if you have consented to receive such information.
To meet our contractual commitments to you.
To notify you about any changes to our website, such as improvements or service/product changes, that may affect our service, if you have selected such notifications.
Collection and Use Of Information From Children
Our Sites are not intended for children under the age of 13. We do not knowingly collect personal information from children, and none of our services are designed to attract children. In the event that we learn that a person under the age of 13 has provided personal information to us, we will delete such personal information.
Storing & Securing Your Personal Data
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we strive to maintain physical, electronic, and administrative safeguards. The transmission of information via the internet, however, is not completely secure and therefore we cannot guarantee the security of data sent to us electronically and transmission of such data is therefore entirely at your own risk. Where we have given you (or where you have chosen) a password so that you can access certain parts of our site, you are responsible for keeping this password confidential. If we learn of a security breach, we may attempt to notify you electronically so that you can take appropriate protective steps. By providing personal information to us, you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of the Sites. We may post a notice via our Sites if a security breach occurs. We may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.
Disclosing Your Information
Where applicable, we may disclose your personal information to any official member within our nonprofits corporate structure, as it is necessary to provide you with the best service and customer service addressing your requests. We will also disclose your personal information to third parties, only in the following circumstances:
Where a service provider, agent or independent contractor helps us maintain our services and provide other administrative services to us.
In the course of any reorganization process including, but not limited to, mergers, acquisitions, and transfers of any or all of our assets to a third party.
Where we are legally required to disclose your information.
To assist fraud protection and minimize credit risk.
Please be advised that we do not reveal information about identifiable individuals to our donors, grant-providing organizations or partners, but we may occasionally provide them with aggregate statistical information about our visitors.
We do not share your phone number with outside organizations or individuals without your express verbal or written permission.
International Data Transfers
Third Party Links and Social Media Plug-Ins
You might find links to third party websites on our Sites. These websites should have their own privacy policies which you should check. We do not accept any responsibility or liability for their policies whatsoever as we have no control over them.
Our Sites use the following social media plug-ins: Facebook, YouTube, Instagram and Twitter. The plug-ins can be identified by the social media buttons marked with the logo of the provider of the respective social media networks. We have implemented these plug-ins using a 2-click solution, which means that when you use our Sites, Information will not initially be collected by the providers of these social media plug-ins. Only if you click on one of the plug-ins will your Information be transmitted. By activating the plug-in, information is automatically transmitted to the respective plug-in provider and stored by them. We neither have influence over the Information collected and processing operations conducted by the providers, nor are we aware of the full extent of Information collection, purposes, or the retention periods. Further details on the purpose and scope of information collection and its processing by the plug-in provider can be found in the respective privacy policies of these providers, where you will also find further details on your rights and options for privacy protection.
Facebook Inc.: https://www.facebook.com/privacy/explanation.
Google LLC: https://policies.google.com/privacy.
Access To Information
Should you wish to receive details that we hold about you, or to update such information, please contact us using the contact details below.
Dispute Resolution and Agreement To Arbitrate
Except where and to the extent prohibited by law, by using the Sites, you and NPAF agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Sites or the breach, enforcement, interpretation, or validity of this policy or any part of it (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. Notice shall be sent to:
Us, at National Patient Advocate Foundation, Compliance Department, 421 Butler Farm Road, Hampton, VA 23666 or
You, at the address we have on file for you.
Both you and NPAF agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect, before one arbitrator to be mutually agreed upon by both parties.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of this policy, including any claim that all or any part of this policy is void or voidable.
Choice Of Law and Choice Of Forum
This policy has been made in and shall be construed in accordance with the laws of the Commonwealth of Virginia, without giving effect to any conflict of law principles. Any disputes or claims not subject to the arbitration provision discussed above shall be resolved by a court located in the Commonwealth of Virginia and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
How We Respond To Do-Not-Track Signals
At this time our Sites do not recognize automated browser signals regarding tracking mechanisms, which may include “Do Not Track” instructions.
Your California Privacy Rights
California Civil Code Section 1798.83 permits visitors to our Sites who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. We do not share personal information with third parties for their direct marketing purposes.
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