Privacy Policy

Here is a Summary of HEART TO HEART’s Privacy Policy:
You must be at least 13 years old to use or access the Heart to Heart Website.
Do not use the HEART TO HEART website if you do not agree to the Privacy Policy described below.
Your use of the HEART TO HEART website means you agree to the Privacy Policy.

HEART TO HEART INTERNATIONAL CHILDREN’S MEDICAL ALLIANCE PRIVACY POLICY
(EFFECTIVE AS OF FEBRUARY 24, 2014)
PLEASE READ CAREFULLY

HEART TO HEART INTERNATIONAL CHILDREN’S MEDICAL ALLIANCE, and its affiliates, related companies, agents, and licensors (collectively, “HEART TO HEART”, “we”, “us”, “our”), respect the privacy of our users and commit ourselves to protecting the data on our website by adopting this privacy policy (“Privacy Policy”). By accessing http://heart-2-heart.org (the “Site”), you are indicating your agreement to this Privacy Policy and its revisions.

Children and COPPA

In compliance with the Children’s Online Privacy Protection Act (“COPPA”), HEART TO HEART does not collect any information from children under the age of 13. If we learn that a child under 13 has provided us with personal information, we will delete such information from our files.

Changes and Updates to Privacy Policy

Please refer to the date above as this Privacy Policy may be revised from time to time. We will endeavor to provide notice of material changes to the Privacy Policy, however, any inadvertent failure by HEART TO HEART to provide such notice shall not be considered a breach of this Privacy Policy. Any changes to the Privacy Policy will be effective immediately upon the posting of them to our website at the Site. To stay aware of any changes, please revisit this page often. As a general matter, we will use your personal information as described in the current version of the Privacy Policy that is in effect when we received the personal information from you. Use of the Heart to Heart Site indicates your acceptance of this Privacy Policy and any future revisions.

HEART TO HEART may modify or update this Privacy Policy at any time, and will endeavor to provide notice of material changes; however, any inadvertent failure by HEART TO HEART to provide such notice shall not be considered a breach of this Privacy Policy. Any additional or different terms in this Privacy Policy will be effective upon being posted on the Heart to Heart Site. It is your responsibility to review this Privacy Policy periodically. Your continued use of any of the Heart to Heart Site following the posting of any additional or different terms in this Privacy Policy constitutes your irrevocable acceptance of such additional or different terms. Heart to Heart reserves the right to add, change, modify, suspend or discontinue all or any of the Heart to Heart Site, in its sole discretion, at any time. Unless expressly stated otherwise, the use of any new or existing Heart to Heart Site will be subject to this Privacy Policy. HEART TO HEART reserves the right to refuse to provide you with access to any of the Heart to Heart Site.

Information We Collect and Why

HEART TO HEART’s information-gathering, use and distribution practices are set forth below. If you have any questions or comments about this Privacy Policy or our use of your personal information, please contact us at contact@heart-2-heart.org.

Registration and Your Account Information

“Personal Information” means information that can be used to identify and contact you, such as your name, email address, date of birth and gender, as well as various transaction related information, such as billing address and credit card number or other payment information. Although you do not need to submit Personal Information to access the HEART TO HEART website, if you do not disclose certain Personal Information to us, you will not be able to use Heart to Heart’s Online Contribution Service.

In order to better serve you and to contact you with administrative notices, news about the organization, or upcoming events, we may ask you to provide information about yourself or your company. Some of the information collected may include name, title, company, address, phone number, email address, and other relevant data. With this information, we are able to contact you if necessary to respond to any inquiries, to provide administrative updates, and to provide you with our newsletter. If you do not wish to receive these newsletters, please e-mail us at contact@heart-2-heart.org with your request, and we will promptly act upon your request.

Information Collected by Cookies

Like many websites, we use website “cookies”, which enable you to use our services more easily and help us continuously improve our website and our service to you.

A “cookie” is a data file that is sent to your browser when you visit a website, and which may then be stored on your hard drive to help a website recall certain information about you when you return to the site, such as your preferences and account identification information. Our cookies do not read any data off of your hard drive, nor can we access cookie files created by other websites. The Site uses cookies in the following ways:

1. To keep track of where the visitor came from, what search engine was used, what link was clicked on, what keywords used, and where in the world the Site was accessed from.
2. To calculate how long a particular visit takes by collecting a timestamp of the exact moment in time when a visitor enters the Site.
3. To calculate how long a visit takes by collecting a timestamp of the exact moment in time when a visitor leaves the Site.
4. To keep track of the number of times a visitor has been to the site, when that visitor’s first visit was, and when that visitor’s last visit occurred.

You may have the option of setting your browser not to accept cookies, but doing so may negatively impact upon the performance of the Site. The “help” portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether.

“Do Not Track” Signals

Some third parties keep track of your browsing activities in order to tailor what they present to you. In response to this targeted advertising, the U.S. Federal Trade Commission (“FTC”) has promoted the Do Not Track (“DNT”) mechanism. DNT allows Internet users like you to control this tracking of your activity over time and across third party websites. Browsers such as Internet Explorer, Firefox, and Safari offer a DNT technology that uses a DNT header to send a signal to websites visited by the browser user about the user’s DNT preference. You can access your browser’s DNT option in your browser’s preferences.

HEART TO HEART does not track its users over time and across third party websites, and therefore HEART TO HEART does not use DNT signals. HEART TO HEART does not authorize the collection of your Personal Information for third party use through advertising technologies without separate user consent or unless otherwise specified in this Privacy Policy.

How Does HEART TO HEART Use My Information?

Generally, we use the information that you provide to us to enhance and personalize your experience with the Site. We use the information automatically collected by our servers to monitor and analyze how users use the Site and to maintain and improve the Site.

User Identification
HEART TO HEART may use your Personal Information in an aggregated form to measure number of visits, average time spent on the site, pages viewed, and other relevant statistics. HEART TO HEART may collect this information to measure statistics relevant to our organization and to improve the content of our Service.

Credit Card Information
We will use your Personal Information to verify your credit card or other payment information, and we will use your credit card or other payment information to allow you to make contributions. When you use your PayPal account or credit card to make a contribution, Heart to Heart will not retain your PayPal login or password or credit card number.

Improve the Site and Heart to Heart Service
Additionally, we may use personal information that you provide, or that we learn about you to otherwise improve your use of the Site. We will also use this information to help us quickly and efficiently respond to inquiries and requests, and otherwise enhance the Site for our users.

Sharing of Personal Information with Third Parties

We will not sell or rent your email address or any of your personal information. However, to operate the Heart to Heart Service, we may share your information with third parties in the following ways:

As Aggregated Data
We may share aggregated statistical and demographic information, which does not personally identify you, about our users and their use of the Heart to Heart Site with suppliers of advertisements and potential affiliate partners. We may also disclose and otherwise use non-personally identifiable information about users. None of the above would include information that could be used to identify you or to discover individual information about you.

With Service Providers
From time to time, we may use third parties to manage portions of the Heart to Heart Site, facilitate our organizational goals (e.g. by hosting our servers or providing payment processing services to us), manage communications with you, or otherwise provide services to us in connection with the Heart to Heart Organization (“Service Providers”). Where these Service Providers process information on our or your behalf, we require these third parties to comply with the provisions of this Privacy Policy, to the extent applicable, and require that they maintain reasonable security measures and do not use your information for any purpose other than to provide their services to us.

Your personal information may be transmitted to and from, and maintained and processed by our affiliates and other third parties who provide services on our behalf in the U.S. or other jurisdictions. Regardless of the precautions taken by us, we cannot ensure or warrant the security of any information you transmit to us, and you transmit such information at your own risk.

Investigations
You hereby grant HEART TO HEART, its representatives, and service providers the right to access your records as necessary to investigate any use of the Heart to Heart Service including, but not limited to, alleged violations of applicable laws and regulations, abuse, and/or harassment.

Additional Information about Third Parties

This Privacy Policy does not cover the information practices of third party websites linked to the HEART TO HEART Site or Heart to Heart Service, such as Social Networks. Although we encourage such third parties to adopt and follow their own privacy policies, we are not responsible for their collection and use of your personal information. You should refer to the privacy policies and statements of other websites or contact the respective webmasters of those websites to obtain information regarding their information collection, use and disclosure policies.

When you have clicked on a third party logo displayed through the Site which links you to a different website, you acknowledge that our Privacy Policy no longer applies and you must read the privacy policy of the third party site to see how your personal information will be handled on their website.

Third Party Analytics

The HEART TO HEART Site uses third party analytics tools, such as Google Analytics. Some of these analytics tools use cookies (which are data files placed on your computer) to help analyze how users use the HEART TO HEART Site. The information collected in the cookie about your use of the HEART TO HEART Site (including your IP address) may be transmitted to and stored by the applicable analytics provider on servers in the United States or elsewhere. The analytics provider may use this information for the purpose of evaluating your use of the Site, compiling reports on Heart to Heart Service activity for us and providing other services relating to Heart to Heart Site activity and Internet usage. The analytics provider may also transfer this information to other third parties where required to do so by law, or where such third parties process the information on the analytic provider’s behalf. The analytic provider’s policy is to not associate your IP address with any other data held by the analytic provider.

Your Choices About the Collection and Use of Your Personal Information

Opting Out of Receiving Communications from Us
If, at any point in time, you are not interested in receiving regular emails from us, you will be able to opt-out of receiving them by clicking on the specified link in any given email communication or by contacting us. Please note that you may not be able to unsubscribe from certain non-news related correspondence from us, including messages relating to contributions you have made to Heart to Heart

Control of Your Information
You may have the right to access, update and correct inaccuracies in your personal information in our custody or control, subject to certain exceptions prescribed by law and practical technology limitations and time constraints. You can access and update most of your personal information through the use of the Site. You may also request access, updating and correction of inaccuracies in other personal information we have in our custody or control by using the contact information provided below.

What does HEART TO HEART do to Keep This Site Secure?

We may use industry-standard encryption methods to transmit your personal registration information from your computer to ours across the Internet, and we may restrict access to any transactional portions of the Site or Service Applications to computers or mobile devices running web browsers that support Secure Socket Layer (“SSL”) protocol. To use this protection technology, you need to have an SSL-capable browser. We may use industry-standard encryption methods to transmit your personal registration information from your computer to ours across the Internet, and we may restrict access to any transactional portions of the Site to computers running web browsers that support Secure Socket Layer protocol (“PGP”). To use this protection technology, you need to have a PGP-capable decoder.

Our Site may contain “links” to other sites, and we cannot maintain and are not responsible for maintaining your privacy once you leave our site. We attempt to only link to sites that share our high standards and respect for privacy. If you provide any information to parties who operate Web sites that are linked to or from the Site, different rules may apply to their collection, use or disclosure of your personal information. We encourage you to review other sites’ policies before revealing any sensitive or personal information. Under no circumstances shall HEART TO HEART have any liability whatsoever for the activities conducted by or at any website accessed from or through the Site or the Service Applications. Regardless of the precautions taken by us, we cannot ensure or warrant the security of any information you transmit to us, and you transmit such information at your own risk.

What You Can Do To Protect Your Information

Use only secure sites when disclosing your personally identifiable information, so make sure the pages that you access begin with “https”. Avoid easy-to-guess passwords and access codes. Never respond to unsolicited requests for your social security number (“SSN”) or financial data. Do not disclose your passwords to the Site or your account information to any other person.

General

This Privacy Policy is governed by the internal substantive laws of the State of California in the United States, without regard to its conflict of laws principles. If any provision of this Privacy Policy is found to be invalid by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Privacy Policy, which shall remain in full force and effect. UNDER NO CIRCUMSTANCES SHALL HEART TO HEART HAVE ANY LIABILITY WHATSOEVER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES ARISING OUT OF THE BREACH OF THIS PRIVACY POLICY, HOWEVER OCCASIONED.

Special Note to Users Outside of the United States

The Heart to Heart Site is hosted in the United States. If you are a user accessing the Heart to Heart Site or Service from any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from those of the United States, please be advised that through your use of the Heart to Heart Site or Service, which is governed by U.S. law, this Privacy Policy, and our Terms of Service, you are transferring your personal information to the United States and you hereby consent to the transfer of such information outside of the country where you are located. For the avoidance of doubt, any information we or you may share with any Social Network may be transmitted to and stored by such parties on servers in the United States.

No Error Free Performance

HEART TO HEART may modify or update the Site, and may make changes to the Site in test phases. As such, HEART TO HEART may not always catch an unintended privacy issue, despite our efforts to do so. HEART TO HEART welcomes feedback on any privacy concerns you may have, and on how to improve HEART TO HEART services generally, in all stages of release. HEART TO HEART does not guarantee error-free performance under this privacy policy. HEART TO HEART will use reasonable efforts to comply with this Privacy Policy and will take prompt corrective action when HEART TO HEART learns of any failure to comply with it. HEART TO HEART shall not be liable for any incidental, consequential or punitive damages claims relating to this Privacy Policy.

Dispute Resolution

If you are using the Heart to Heart Site or Service in the United States, the following applies:

Negotiations

Before initiating any arbitration or legal proceeding, you and HEART TO HEART agree to first attempt to negotiate any dispute or controversy related to this Privacy Policy (“Dispute”) informally for at least thirty (30) days. Negotiations will begin upon written notice from one party to the other. HEART TO HEART will send its notice to your billing or other physical address (if on file with HEART TO HEART) and email you a copy to the email address you have provided. You will send your notice to: Creative Industry Law, 155 Sansome Street, Suite #500, San Francisco, CA 94104, Attn: Lizbeth Hasse, Esq.

Binding Arbitration

If the parties fail to resolve a Dispute through negotiations within the above thirty (30) day period, you and HEART TO HEART agree that all Disputes will be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party will be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”), unless the parties mutually agree on another arbitration service or arbitrator, and under the terms set forth in this Privacy Policy. In the event of a conflict between the terms set forth in this section and the JAMS Rules, the terms in this section will control and prevail. You may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and we will have the opportunity for discovery of non-privileged information that is relevant to the Dispute. Except as otherwise provided in this Privacy Policy, (i) you and HEART TO HEART may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision will be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law. BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND HEART TO HEART ARE WAIVING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

Arbitration Fees

All fees and costs of the arbitration will be charged in accord with JAMS Rules, unless the parties mutually agree on another arbitration service or authority.

Location of Arbitration

The arbitration will be conducted in San Francisco, California, unless the parties agree to video, phone and/or Internet connection appearances.

Limitations

You and HEART TO HEART agree that any arbitration will be limited to the Dispute between HEART TO HEART and you individually. YOU AND HEART TO HEART AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION WILL BE JOINED WITH ANY OTHER.

Remedies

You acknowledge and agree that your sole remedy under this Privacy Policy shall be an action at law to recover monetary damages, if any. In no event will you have a right to injunctive or other equitable relief hereunder.

Questions? Contact Us

Privacy is very important to us. If you have any concerns or questions, please let us know by emailing contact@heart-2-heart.org.