Privacy Policy And Conditions Of Use
Welcome to the Donor Network West Web site.
Donor Network West is designated by the federal government to serve as the link between organ and tissue donors and individuals awaiting transplantation. Our mission is to save and improve lives through organ and tissue donation. Our headquarters is located at 12667 Alcosta Blvd., Suite 500, San Ramon, CA 94583.
Privacy Policy
Donor Network West provides this Web site as a public service. Use of the site, mailing list, and associated current or future Web microsites and social networking sites (“the Sites”) are governed by the Terms of Use, set forth below. Donor Network West has created this Privacy Policy to explain why we collect particular information and how we will protect your personal privacy within our sites.
In order to fully understand your rights, we encourage you to read this Privacy Policy as well as our Terms of Use. Donor Network West reserves the right at any time and without notice to change this Privacy Policy simply by posting such changes on our Sites. Any such change will be effective immediately upon posting.
Because we want to demonstrate our commitment to your privacy, this Privacy Policy notifies you of:
- What personally identifiable information of yours is collected through the Sites;
- Who collects such information;
- How such information is used;
- With whom your information may be shared;
- What choices you have regarding collection, use and distribution of your information;
- What kind of security procedures are in place to protect the loss, misuse or alteration of information under our control; and
- How you can correct any inaccuracies in your information.
Questions regarding this statement should be directed to the Donor Network West by sending an e-mail to [email protected] and reference this Privacy Policy in your subject line.
What Information We Collect And How We Use That Information:
You may use the Sites without submitting any personally identifiable information (e.g., name, e-mail or home address, telephone numbers, etc.). Any personally identifiable information that you submit may be saved in a database and may be aggregated to generate non-personally identifiable information (i.e., information that cannot be attributed to any given individual). For example, a demographic profile of visitors to the Sites may be generated from the database. Non-personally identifiable information may be used by the Donor Network West for any purpose. Personally identifiable information will not be disclosed to any individual or business not affiliated with Donor Network West, except that (1) personally identifiable information may be disclosed when the disclosing party believes in good faith that law or regulation requires such disclosure; and (2) third party contractors may be provided with limited access to personally identifiable information in the course of operating and maintaining the Sites. Access to personally identifiable information by such contractors shall be limited to the information reasonably necessary for them to operate and maintain the Sites. We may track your IP address and your browsing activities (including but not limited to traffic patterns, click-stream patterns, search terms entered by users, and the URL of Sites that directed you to the site) but this information will not be associated with any of your personally identifiable information. It may, however, be aggregated to generate non-personally identifiable information, which we may use for any purpose.
Donor Network West obtains personal information on our website in accordance with applicable US data protection legislation. We may obtain personal information about you when you register for our volunteer database, subscribe to our mailing list, contact us directly, or otherwise consent or provide personally identifiable information to Donor Network West. We will use the information you provide to administer access to links on our website, e.g. to determine whether you are eligible to login to the volunteer information site and for what time period, or to otherwise fulfill the purpose for which you provide it (such as providing a requested service, receiving newsletters or providing volunteer activities). To facilitate this, it may be necessary for us to contact you to clarify or obtain further details concerning your request for information or access to our website links. Donor Network West uses MailChimp to administer its email mailing lists, which is subject to its own Privacy Policy. More information on that Policy is available here: http://mailchimp.com/legal/privacy/
In some cases and in all cases where required by law or regulation you will be able to update the information that you provide to us either by sending us an e-mail or by updating your profile online where you have established personal profiles with us. Please refer to the specific pages where data is collected for more information.
Donor Network West will not sell, license, transmit or disclose this information outside of Donor Network West unless:
- expressly authorized by you,
- necessary to enable Donor Network West contractors or agents to perform certain functions for us, or
- required or permitted by law.
By “personally identifiable information,” we mean data that is unique to an individual, such as a name, address, Social Security number, e-mail address, or telephone number. From time to time, we may request personal information from you at our sites in order to deliver requested materials to you, respond to your questions, or deliver a product or service. Any personal information that you may provide via our site will be used solely for the purpose stated on the page where it is collected.
Enrollment In The Donate Life America Registry:
Signing up to volunteer or logging in/signing anywhere on the site are entirely separate from the course of action that involves enrolling in the Donate Life America Registry, which is a confidential database administered by Donate Life America ©, a nonprofit Organ and Tissue Donor Registry dedicated to saving the lives of thousands of people awaiting life-saving transplants.
The Donate Life America Registry information is kept strictly confidential but is not governed by this privacy policy. Please refer to the Donate Life America Web site for more information at http://registerme.org.
Information We Collect Through Automatic Data Collection Technologies
As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
- Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
- Information about your computer and internet connection, including your IP address, operating system, and browser type.
The technologies we use for this automatic data collection may include:
- Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
- Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
- Web Beacons. Pages of our the Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
- Identifiers for mobile devices (e.g., Android Advertising Identifier or Advertising Identifier for iOS)
Third-Party Use Of Cookies And Other Tracking Technologies
This site uses Google Analytics. This web analytics software may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. This data collection is subject to an additional privacy policy. Further information and Google‘s applicable privacy regulations can be found at https://policies.google.com/privacy?hl=en and https://marketingplatform.google.com/about/.
For more information on how Google Analytics uses data please visit www.google.com/policies/privacy/partners/.
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
Your browser is probably set to accept cookies. However, if you would prefer not to receive cookies, you can alter the configuration of your browser to refuse cookies. If you choose to have your browser refuse cookies, it is possible that some areas of our Sites will not function properly when you view them.
Security:
Donor Network West has adopted and adheres to stringent security standards designed to protect your personal information at our website against accidental or unauthorized access or disclosure. Among the safeguards that we have developed for our site are administrative, physical and technical barriers that together protect the information stored at this site.
Other Websites:
Our Sites may contain links to other websites. Please note that when you click on one of these links, you are entering another website for which Donor Network West has no responsibility. We encourage you to read the privacy statements on all such Sites as their policies may be different than ours.
Children Under The Age Of 13
Our Website is not intended for children under 13 years of age. No one under the age of 13 may provide any personal information to or on the sites. We do not knowingly collect personal information from children under 13. If you are under 13, do not provide any information on this site or register on the Website. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us via our contract form at https://www.donornetworkwest.org/contact/.
Contacting The Websites:
We welcome your comments or questions about our websites and have provided e-mail boxes for that purpose. We will share your comments and questions with our customer service representatives and those employees most capable of addressing your questions and concerns.
Please note that e-mail is a form of non-encrypted Internet communication that may be accessed and viewed by other Internet users without your knowledge and permission while in transit to us. For that reason, you may wish to protect your privacy by not using e-mail to communicate information to us that you consider confidential. You may contact us instead via non-cellular telephone at the numbers provided at various locations on our sites.
There are some locations on the Donor Network West Website where we have made special provisions for a more secure environment in which we can exchange information with you. At each of these locations, we will provide you with appropriate instructions.
You can e-mail us with questions at: [email protected].
California Resident Privacy Rights
California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our App that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please email us at [email protected] or write us at
Donor Network West
12677 Alcosta Blvd.
Suite 500
San Ramon, CA 94583
Nevada Resident Privacy Rights
Nevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request to us at [email protected] or https://www.donornetworkwest.org/contact/. However, please know we do not currently sell data triggering the statute’s opt-out requirements.
Conditions Of Use
1. INTRODUCTION
Donor Network West (“Donor Network West”) operates this website and associated microsites and social networking sites (“the Sites”). The Sites are provided for general information purposes only. The information provided on the Sites is not intended to be used by any individual or entity for diagnosing or treating a health problem or a disease, and is not a substitute for professional or expert medical advice or care. If you have or suspect you may have a health problem, you should consult your health care provider, agency or professional. The Sites should not be treated as a comprehensive source of information, and the information obtained from the Sites should not be treated as medical advice. Before basing a decision on any of the information obtained from the Sites, you should discuss it with your physician, lawyer, religious leader, or other advisor as appropriate. Use of the Sites is governed by the Conditions of Use (“COU”) set forth herein. By accessing the Sites, you accept the Conditions of Use. Donor Network West may change, add or delete any one or more of the COU by posting such changes on the Sites. Privacy issues are discussed in our Privacy Policy, set forth above.
2. CHANGES TO SERVICE
Donor Network West may change, modify, add, suspend or discontinue, temporarily or permanently, any aspect of the Sites at any time, including the availability of any feature, database, or content, with or without notice to you. Donor Network West may also impose limits on certain features and services or restrict your access to part or all of the Sites without notice to you. You agree that Donor Network West shall not be liable to you or to any third party for any such change, modification, addition, suspension, discontinuance, limitation, or restriction.
3. DISCLAIMER OF WARRANTIES
Your use of the Sites and any and all information contained therein or available, directly or indirectly, therefrom, is at your sole risk. The Sites are provided on an “as is” and “as available” basis. Donor Network West expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Donor Network West makes no warranty that (i) the Sites will meet your requirements, (ii) the Sites will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Sites will be accurate, complete, or reliable, or (iv) the quality of any information obtained by you through the Sites will meet your expectations.
Any content or material downloaded or otherwise obtained through the use of the Sites is done at your own discretion and risk and you will be solely responsible for any damage that results therefrom. No advice or information, whether oral or written, obtained by you from Donor Network West or through or from the Sites shall create any warranty not expressly stated in the COU.
4. LIMITATION OF LIABILITY
You expressly understand and agree that Donor Network West shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Donor Network West has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Sites; (ii) physical or emotional injury or distress, or (iii) any other matter relating to the Sites and/or the use of information contained therein or available therefrom at any time. In addition, the aggregate amount of Donor Network West liability under this agreement shall in no event exceed $100 U.S. dollars.
Donor Network West further specifically disclaims liability for unauthorized interception or infiltration of any data that you submit to Donor Network West and for misappropriation of such data by third parties.
5. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, portions of sections 3 and 4 may not apply to you.
6. WAIVER, RELEASE OF LIABILITY AND COVENANT NOT-TO-SUE
In consideration of your being permitted to use the Sites, you, on your own behalf and on behalf of your spouse, heirs, trustees, legal representatives, executors, and assigns, hereby agree to release Donor Network West and its past, present and/or future shareholders, members, managers, partners, trustees, officers, directors, employees, volunteers, consultants, agents, affiliates, administrators, attorneys, successors, and assigns (and their respective past, present and/or future shareholders, members, managers, partners, trustees, officers, directors, employees, consultants, agents, affiliates, administrators, attorneys, successors and assigns) (each, a “Released Party”) from any and all liability for injury, death, damage, cost, expense, and other loss suffered or incurred by you as a direct or indirect result of your use of any information that is, directly or indirectly, available from or through the Sites at any time.
In consideration of your being permitted to use the Sites, you hereby agree that you will not, at any time hereafter, commence, maintain, prosecute, participate in as a party, or permit to be filed by any other person on your behalf, any action or proceeding of any kind, judicial or administrative, in any court or agency against any Released Party with respect to any act, omission, statement, information, transaction, or occurrence that relates, directly or indirectly, to your use of the Sites at any time.
You acknowledge and agree that you understand that you should consult with your personal physician, lawyer, or religious leader, as appropriate, before relying on any information obtained from the Sites. You acknowledge and agree that you are not relying, and will at no time rely, on any Released Party to provide you with medical, legal, or religious advice of any kind (including advice pertaining to your use of the information), or to advise you of the medical risks, legal risks, and religious ramifications associated with your use of the information. You acknowledge and agree that no Released Party will be liable for any information or advice given to you related to your use of the information and that you will not sue any Released Party based on such information or advice.
You acknowledge and agree that the waiver, release, and covenant not-to-sue contained herein is intended to be as broad and inclusive as permitted by the laws of the State of California and agree that if any portion is held invalid, the remainder of this waiver, release, and covenant not-to-sue will continue in full legal force and affect.
7. LINKS
The Sites from time to time may contain links to and from various third-party Sites on the Internet. You acknowledge that such third party Sites are completely independent of the Sites and that Donor Network West has no responsibility or liability, 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 content, goods, or services available on or through any such site. If you have any questions or concerns about such third-party Sites, you should contact the site administrator or webmaster of the third-party site.
8. ENTIRE AGREEMENT/NO WAIVER/SEVERABILITY
This Agreement and our Privacy Policy constitute the entire agreement between you and Donor Network West with respect to your use of the Sites. Donor Network West’s failure to exercise or enforce any right, provision, or remedy hereunder shall not constitute a waiver of such right, provision, or remedy. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties agree that the court should try to give effect to the parties’ intention as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect.
9. CHOICE OF LAW/STATUTE OF LIMITATIONS
This Agreement has been made in and shall be construed and enforced in accordance with the laws of the State of California, without regard to its conflicts of laws provisions. Any action to enforce this agreement shall be brought in the federal or state courts located in the State of California, County of Alameda. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Privacy Policy and Conditions of Use – Revised 7/29/2020.