STATEMENT OF PRIVACY PRACTICES AND TERMS OF SERVICE
PLEASE READ THIS STATEMENT OF PRIVACY PRACTICES AND TERMS OF SERVICE CAREFULLY BEFORE USING THE IPFF SITE.
This statement of privacy practices and terms of services describes Idiopathic Pulmonary Fibrosis Foundation’s (“IPFF,” “we,” “our,” or “us”) practices with respect to collection, use, and disclosure of Personal Information as well as the terms of service for the ipffoundation.org website (“Site”). By using the Site, you signify your consent to the collection, use, and disclosure of your Personal Information. IF YOU DO NOT CONSENT TO THE COLLECTION, USE, AND DISCLOSURE OF YOUR PERSONAL INFORMATION, PLEASE DO NOT USE THE SITE.
This statement only applies to the information you provide to us through the Site. It does not apply to information collected by us through other means or by third parties linked in any way to the Site. We have no control over, and no responsibility or liability for, any third party’s collection, use, disclosure, or retention of Personal Information and that collection, use, disclosure, and retention is not subject to this statement.
2. Changes to this Statement of Privacy Practices
We will occasionally update these policies and terms. Updated statements will be promptly posted.
3. Statement of Privacy Practices Incorporated in Terms of Service
Your use of the Site is governed by the IPFF Terms of Service. The Terms of Service contain important provisions, including provisions disclaiming, limiting, and excluding the liability of IPFF for your use of the Site and provisions determining the applicable law and exclusive jurisdiction for the resolution of any disputes regarding your use of the Site. Each of the provisions of the Terms of Service applies to any disputes that may arise in relation to this statement of privacy practices and the collection, use and disclosure of your Personal Information.
4. What Is Personal Information?
In general, your Personal Information means information by which you, as an individual, can be identified. It includes information such as your name, mailing address, telephone number, and email address. Your Personal Information includes sensitive personal data, for example information as to your health, the health of your family members, previous diagnosis of disease, as well as information about your ongoing medical treatments.
5. Information That You Manually Provide
Your use of the Site may involve the input of Personal Information. We will necessarily collect some Personal Information based on your input. It is your choice whether to provide Personal Information to us. Some information must be provided in order to participate in certain services, features, programs, or activities, so the decision not to provide information may limit or eliminate certain functions of the Site and/or your ability to participate. The types of Personal Information that we tend to request about you include, but are not limited to your email address and information about your health, and the health of your family members.
The Site is not intended for children under 13 years of age. No one under age 13 may provide Personal Information. We do not knowingly collect Personal Information from children under 13. If you are under 13, do not provide and Personal Information to the site. If we learn that we have collected or received Personal Information from a child under 13 without verification or parental consent, we will delete that information. If you believe that we may have information from or about a child under 13 please contact us at [email protected] ipffoundation.org.
The Site is intended for use in the United States only.
6. Information Automatically Collected
The Site may automatically collect certain information from users through the use of “cookies” and other tracking mechanisms. Information automatically collected may include, but is not limited to: your computer’s or device’s IP address, operating system and version, browser type, and information about your use of the Site (e.g. date and time of access, length of access, flow regularities, etc.). We may use this information for any lawful purpose, including, for example, using your IP address to help diagnose problems with our server, to operate the Site, to help identify you and to gather usage information. You may choose to decline cookies or other tracking mechanisms if your browser or system permits, but doing so may affect your ability to access or use certain features of the Site.
7. Accuracy of Information You Provide
When you supply Personal Information to us, you agree to supply accurate information only, and agree that we may assume its accuracy and rely on it. If we provide means for you to update your information, you agree to update the information to keep it accurate.
8. Use of Information
We use Personal Information to pursue our mission and operations, including the management of our Site and to engage in related activities. This may include, but is not limited to sending you emails or other information. This statement of privacy practices is not a promise that your information will never be used except as described above; we reserve the right to use, disclose, retain, share, and otherwise deal with all information collected via the Site internally or to third parties, for any lawful purpose or to prevent harm to us or others.
We may combine the Personal Information you provide to us with information we receive from or about you from other sources and use combined information as allowed by law. You acknowledge and agree that we may process your Personal Information outside your jurisdiction of origin.
9. Disclosure of Information
We do not share your Personal Information with others except as indicated below or when we inform you and give you an opportunity to opt out of having your Personal Information shared. We may share Personal Information with:
Service providers: We may share your Personal Information, which may include your name and contact information (including email address) with third parties that perform certain services on our behalf. These services may include providing customer service and marketing assistance, performing business and sales analysis, supporting Site functionality, and other features offered through the Site.
Other situations: We also may disclose your Personal Information:
In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us. We reserve the right, but do not undertake a duty, to notify you of court orders, subpoenas or other legal process if allowed. If you do not want us to respond to legal process compelling us to disclose any information about you, you need to obtain a valid court order from a court of competent jurisdiction.
When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce the Service terms and conditions or other agreements or policies.
In connection with the collection of data used for medical research, including but not limited to studies for the disease Idiopathic Pulmonary Fibrosis.
In connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, reorganization, or asset sale, or in the unlikely event of bankruptcy, including to prospective or actual purchasers in connection with any of these transactions.
10. Aggregated and Non-Personal Information
We may share non-personal information we collect, without restriction. For example, we may share it with third parties to develop and deliver targeted advertising on the Site and on websites of third parties, and to analyze and report on advertising you see. We may combine non-personal information we collect with additional non-personal information collected from other sources. We also may share aggregated, non-personal information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis.
11. Online Donations
This Site contains an online giving portal for donations to the Idiopathic Pulmonary Fibrosis Foundation a Minnesota Nonprofit Corporation. IPFF will distribute the donations collected through this Site to causes associated with the disease Idiopathic Pulmonary Fibrosis. The recipients include, but are not limited to the CleanUP IPF trial. IPFF reserves the right to change the entity receiving donations without notice. IPFF will utilize a third party service such as PayPal to collect donations, and the service fee will be deducted from the donation. IPFF will remit donations to recipients at least bi-annually. In the event the transaction cannot be processed, the funds will be returned to the donor. IPFF may retain any payment information or other Personal Information collected by a third party service in processing your donation as permitted by law.
12. Online Medical Information
This Site contains basic information about the disease Idiopathic Pulmonary Fibrosis. This information is made available for general medical information only, we do not warranty the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. Any information on the Site should not be considered as medical advice or be used for the purposes of diagnosis.
13. Intellectual Property
The Site is the exclusive property of IPFF, all rights reserved. The IPFF name and logo, and various other trademarks used on this Site and all related product and service marks and slogans are the property of IPFF. All other product and service marks contained on the Site are the property of their respective owners. You may not use any IPFF or third party trademarks, service marks, or logos without the prior written consent of IPFF or the third party trademark owner.
14. Third Party Websites
Through the Site, you may access other websites that do not operate under this statement. For example, you may be transferred to the CleanUP IPF trial website. Third-party websites collect information, including Personal Information, from you and, in some instances, provide us with information about your activities on those websites. We recommend that you consult the privacy statements of all third-party websites you visit.
15. Retention of Personal Information
We generally will retain information for as long as required, allowed, or as we believe is useful. If you cease using the Site, or your permission to use the Site is terminated, we may continue to use and disclose your Personal Information in accordance with this statement of privacy practices as amended from time to time. We do not undertake retention obligations through this statement. We may dispose of information in our discretion without notice, subject to applicable law.
16. Information Security Measures
Keeping the Personal Information that we collect secure is of great concern to us. We exercise care in facilitating the transmission of information between your computer and the servers that operate the Site. Personal Information collected by the Site is stored in secure operating environments that are not available to the public. While we have mechanisms in place to safeguard your Personal Information once we receive it, no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure.
17. Withdrawing Consent
To the extent that Personal Information may be withdrawn, you may remove it from the Site using tools that we supply. It is possible that copies of the Personal Information you provided may remain with us. We reserve the right to terminate any contracts or obligations we might have to you, including, but not limited to any benefits or services you receive from us.
You may use the Site solely for your own non-commercial use where permitted. You agree not to change or delete any proprietary notices from materials downloaded from the Site.
You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us arising from the content of the Site.
19. Disclaimer of Warranties
You understand we cannot and do not guarantee or warrant that the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient safeguards to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. You assume total responsibility and risk for your use of the Site.
THE SITE IS PROVIDED “AS IS” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW. IPFF DISCLAIMS ANY WARRANTIES THAT THE SITE OR INFORMATION OR SERVICES PROVIDED THROUGH THE SITE ARE FREE OF DEFECTS OR VIRUSES AND DISCLAIMS ANY WARRANTIES WITH RESPECT TO THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE. YOUR USE OF THIS SITE IS SOLELY AT YOUR OWN RISK.
We do not warrant that the Site will be uninterrupted or error-free or that defects in the Site will be corrected. Changes are periodically made to the information herein. IPFF and/or its affiliates may make improvements and changes in the product(s) or the program(s) described herein at any time.
Some links on this Site may let you leave IPFF’s Site. The linked sites are not under the control of IPFF and IPFF is not responsible for the contents of the linked Site, any linked Site contained in a link Site, or any changes or updates to such sites. IPFF provides links to you only as a convenience, and the inclusion of any link does not imply endorsement by IPFF of the Site. You understand further that the Internet contains unedited materials some of which are sexually explicit or may be offensive to you. You access such materials at your risk. IPFF has no control over and accepts no responsibility whatsoever for such materials.
20. Limited Liability Damages
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY CLAIM, LIABILITY, EXPENSE OR DAMAGE (WHETHER ACTUAL, INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL) RELATING TO THE INFORMATION APPEARING ON THE SITE OR THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY DEALINGS WITH CHARITABLE OR NON-PROFIT ORGANIZATIONS FOUND ON OR THROUGH THE SITE, OR AS A RESULT OF THE PRESENCE OF SUCH CHARITABLE OR NON-PROFIT ORGANIZATIONS ON THE SITE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL IPFF’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE OR USING THE SERVICES OFFERED ON THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, IPFF’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold harmless IPFF, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Service by you.
The provisions of these Terms of Service are for the benefit of IPFF and its officers, directors, employees, agents, licensees, affiliates, suppliers and any third party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
You understand and agree that we may, in our sole discretion and at any time, terminate or discontinue the Site or your access to the Site for any reason without prior notice to you.
YOU UNDERSTAND AND AGREE THAT IPFF SHALL NOT HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY TERMINATION OF THE SITE OR YOUR ACCESS TO THE SITE.
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Minnesota and the United States of America, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Minneapolis, Minnesota, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of any action relating to or arising out of your use of the Site or the Terms of Service. In no event shall you be entitled to injunctive or other equitable relief. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
24. Access to Your Information and Contacting Us
You may access and modify your information by contacting us at [email protected] You may request to have your Personal Information removed from the site by sending your full name, email address, mailing address, and a request to delete your Personal Information to: [email protected] We will make good faith efforts to resolve requests to correct inaccurate information except where the request is unreasonable, requires disproportionate technical effort or expense, jeopardizes the privacy of others, or would be impractical. If you have any questions about this statement or other matters that relate to it, you may contact us at: [email protected]