Date Last Updated: March 2021
TERMS & CONDITIONS
These Terms & Conditions (the, “Terms”) constitute an agreement between you and the Pandemic Action Network (“we,” “our,” “us,” or the “Company”) and govern your use of our website, located at www.pandemicactionnetwork.org (the “Site”). By using this Site, you affirm that you have read and understood, and that you agree to be bound by and comply with, these Terms.
1. DISCLAIMER. The information on this Site is provided for informational purposes only. You assume all responsibility and risk for your use of this site and your reliance on or use of any information provided via this Site. Without limitation of the foregoing, this Site is provided “as is,” without representations or warranties of any kind, either express or implied, including warranties of title, non-infringement, merchantability, or fitness for a particular purpose, or any warranties of accuracy completeness, efficacy or timeliness of information, or absence of viruses or damaging or disabling code. Use of any information on this Site is voluntary, and you should only rely on it after making an independent review of its accuracy, completeness, efficacy, and timeliness. None of the information on this Site is meant as medical advice or to substitute for in-person treatment or therapy from a qualified healthcare provider.
2. LIMITATIONS OF LIABILITY. In no event will the company, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, any websites linked to it, any content on the website or such other websites or any services or items obtained through the website or such other websites, any security breach, data breach, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, diminution of value, business interruption, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
3. PROPRIETARY RIGHTS. We and/or our licensors own this Site, including all text, graphics, photographs, images, software, and other technology, and the contents, design, layout, functions, appearance, and other intellectual property comprising this Site. The foregoing ownership rights include all rights with respect to trademarks, service marks, trade dress, logos, copyrights, rights of authorship, and patents; all database rights, moral rights, inventions, rights of inventorship, rights of publicity and privacy, trade secrets, know-how, and rights under unfair competition and unfair trade practices laws; all other worldwide intellectual and industrial property rights related thereto; and all applications, registrations, derivative works, or renewals relating to any of the foregoing. Logos and other trademarks on this Site are owned by us or our licensors and may only be reused with the express prior written permission of the applicable owner.
4. USER CONDUCT. While using this Site, you agree that you will not:
· violate any applicable international, federal, state, or local laws, regulations, rules, ordinances, statutes, requirements, codes, or orders of any governmental or judicial authorities or any securities exchange rules or requirements;
· violate or infringe upon any copyright, trademark, patent, trade secret, or other intellectual property rights or any other third party rights;
· impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or provide inaccurate information;
· violate or attempt to violate the security of this Site;
· reverse engineer, decompile, or disassemble any portion of this Site;
· “scrape” information from this Site by automated means; or
· interfere with the ability of others to use this Site.
5. COPYRIGHT INFRINGEMENT CLAIMS. If you believe this Site contains content that infringes on your copyright, please send the following information to us by email to info@PandemicActionNetwork.org or by postal mail or courier to Attn. Pandemic Action Network Address: 2101 4th Avenue, Suite 2100, Seattle, WA 98121, USA.
· Your address, telephone number, and email address;
· A description of the copyrighted work that you claim has been infringed;
· A description of where the alleged infringing material is located;
· A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
· An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
· A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
8. CHANGES TO TERMS. We may modify these Terms at any time by posting changes on this Site; however, (i) these changes will only become effective and binding with respect to you after we provide notice on this Site that these Terms have changed and you first use this Site following the date of such posting, and (ii) the changes will only apply with respect to your use of this Site after such changes become effective. If at any time you find these Terms unacceptable and do not agree with them, you thereafter will have no right to use or access this Site.
9. LINKS. This Site may contain links to websites that we do not operate. We are not responsible for the content of any such websites, and you should direct any concerns
regarding such websites to their respective site administrators or webmasters.
10. LAW; DISPUTE RESOLUTION. These Terms are governed by the laws of the United States of America and the State of Washington, without regard to conflict of laws rules. Except as otherwise provided in this paragraph, any dispute, claim or controversy concerning, relating to, or arising out of, or in connection with, these Terms or this Site will be settled by final and binding arbitration in the State of Washington, by a single arbitrator appointed by the American Arbitration Association. In the event of any such arbitration, each party will bear its own attorneys’ fees and costs, unless the claim is based on an applicable statute that provides otherwise. Any controversy or claims will be kept confidential by the parties and their attorneys and advisors, without publicity, and except as may be required by law, no party or arbitrator may disclose the existence, content, or results of any arbitration under these Terms without the consent of both of the parties. Notwithstanding the foregoing, either party may immediately bring a proceeding seeking preliminary injunctive relief in a court having jurisdiction thereof which shall remain in effect until a final award is made in the arbitration. The decision of the arbitrator will be in writing and binding and conclusive on us and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction.
11. MISCELLANEOUS. These Terms represent the entire agreement between you and us with respect to the subject matter hereof, and supersede any and all prior understandings, statements, or representations, whether electronic, oral, or written, regarding this Site. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced. In addition to money damages, we shall be entitled to seek equitable relief where appropriate if you breach of any of these Terms. These Terms are severable and may be construed to the extent of their enforceability in light of the parties’ mutual intent. The titles and subtitles in these Terms are used for convenience only and are not to be considered in construing it. All references herein to “including” and variations thereof shall be deemed to mean, “including, but not limited to.” All references in these Terms to “you,” “your,” or variations thereof shall be deemed to refer to you individually, if you are entering into these Terms on an individual basis, and to the corporation, partnership or other organization, or legal entity that you represent, if you are entering into these Terms on behalf of such organization or entity. If you wish to communicate with us in connection with these Terms, please email by email to info@PandemicActionNetwork.org or by postal mail or courier to Attn. Pandemic Action Network Address: 2101 4th Avenue, Suite 2100, Seattle, WA 98121 USA.
We note that we are a “controller” for those Services where we make decisions on how personal information is used in connection with our Services, and we are a “processor” for those Services where we only use personal information as allowed by our customers.
Under applicable law, Company is the “data controller” of personal data collected through the Services.
1. INFORMATION COLLECTED ON OUR SITE
Information You provide to us when you use the Site, we or our service providers may collect:
· Personal information (information that could reasonably be used to contact you or to identify you personally) such as your name and e-mail address
· We may also collect personal information submitted to us in connection with employment, internship, or volunteer applications through the Site
· Records and copies of your correspondence with other Site users
· Your response to surveys that we might ask you to complete for research purposes or to improve our services
· Information that you provide in filling in forms on the Site, including but not limited to your name, e-mail, and phone number
· User content such as such as content of communications, suggestions, questions, comments, feedback, and other information you send to us, that you provide to us when you contact us, or that you post on our Services (including information in alerts, folders, notes, and shares of content), and similar data.
Information Collected from Automatic Data Collection Technology. Whenever you visit or interact with the Site, Pandemic Action Network, as well as any third-party advertisers and/or service providers, use a variety of technologies that automatically or passively collect
information about how the Site is accessed and used (“Usage Information”). Usage Information may include:
· Browser type, operating system, the page served, the time, browsing preferences, or language preferences
· Your Internet Protocol (IP) address, geographical areas derived from your IP address
· Details of your visits to our Site including time stamp logs regarding the duration of visits and access times, online behavior tracking i.e. your online activities over a period of times
· Usage data to determine relevant advertisements
· The preceding page views
· If you are signed into Google, we may also collect information stored with your Google account.
We may store such information or such information may be included in databases owned and maintained by affiliates, agents, or service providers. We may use such information and pool it with other information to track, for example, the number of visitors to our Site, the duration of their stay on a specific page, which hyperlinks, if any, they “click” on, and the time they spend reading a particular page, sites that refer visitors to Company, as well as messages users send to us. This information helps us keep our website fresh and interesting to our visitors and tailor content to a visitor’s interests.
Device Identifiers. Pandemic Action Network may also automatically collect your IP address or other unique identifier (“Device Identifier”) for the computer, mobile device, technology or other device (collectively, “Device”) you use to access the Site. A Device Identifier is a number that is automatically assigned to your Device when you access a web site or its servers, and our computers identify your Device by its Device Identifier. We may use a Device Identifier to, among other things, administer the Site, help diagnose problems with our servers, analyze trends, track users’ web page movements, help identify, and gather broad demographic or firmographic information for aggregate use.
Cookies; Pixel Tags. The technologies used on the Site to collect Usage Information, including Device Identifiers, may include but are not limited to: cookies (data files placed on a Device hard drive when it is used to visit the Site), mobile analytics software and pixel tags (transparent graphic image, sometimes called a web beacon or tracking beacon, placed on a web page or in an email, which indicates that a page or email has been viewed). Cookies may also be used to associate you with social networking sites and, if you so choose, enable interaction between your activities on the Site and your activities on such social networking sites. We, or our vendors, may place cookies or similar files on your Device for security purposes, to facilitate site navigation and to personalize your experience while visiting our Site (such as allowing us to select which content, ads or offers are most likely to appeal to you, based on your interests, preferences, location, or demographic or firmographic information). A pixel tag may tell your browser to get content from another server.
Flash Cookies. Flash cookies (also known as “Local Shared Objects” or “LSOs”) are different from browser cookies because of the amount and type of data that is stored, as well as the way in which data is stored. Flash cookies are commonly used for advertisements and videos.
Information through other Services. You may give us permission to collect your information through other services. For example, you may connect a social networking service (“SNS”) such
as Facebook or Twitter to your Company account. When you do this, it allows us to obtain information from those accounts (for example, your friends or contacts).
Similarly, we use Google Analytics to help us track and analyze usage of our Site, using cookies, pixels and other tracking technologies.
To learn how you may be able to reduce the number of cookies you receive from us, or delete cookies that have already been installed in your browser’s cookie folder, please refer to your browser’s help menu or other instructions related to your browser. If you do disable or opt out of receiving cookies, please be aware that some features and services on our Site may not work properly because we may not be able to recognize and associate you with your account(s). In addition, the offers we provide when you visit us may not be as relevant to you or tailored to your interests.
Some browsers have a “Do Not Track” feature that lets you tell websites that you do not want to have your online activities tracked. These features are not yet uniform, so note that our systems are not configured to recognize Do Not Track headers or signals from some or all browsers.
You can also learn more about cookies by visiting www.allaboutcookies.org, which includes additional useful information on cookies and how to block cookies using different types of browser. For browser-specific information on how to adjust cookie configurations on the following browsers, please click on the relevant link below: · Internet Explorer [https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies] · Firefox [https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences]
· Chrome [https://support.google.com/chrome/answer/95647?co=GENIE.Platform%3Ddesktop&hl=en]
· Safari o OSX/Mac OS [https://support.apple.com/guide/safari/manage-cookies-and-website-data-sfri11471/mac] o iOS [https://support.apple.com/en-us/HT201265]
2. HOW WE USE THE INFORMATION COLLECTED THROUGH OUR SITE
We use information that we collect about you or that you provide to us, including any personal information, in the following ways:
· To present our Site and its contents to you
· To provide you with information, products or services that you request from us
· To fulfill any other purpose for which you provide the information
· To provide you with notices about your account, including expiration and renewal notices
· To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection
· To notify you about changes to our Site or any products or services we offer or provide through the Site
· To allow you to participate in interactive features on our website
· To contact you about our own or third parties’ goods or services that may be of interest to you, if you have given your consent
· To display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria
· In any other way we may describe when you provide the information
· To create conduct research on our user demographics, interests, and behavior based on the information collected.
· For any other purpose with your consent.
3. SHARING OF INFORMATION
· To present our Site and its contents to you
· To fulfil any other purpose for which you provide the information
· To make various features, services and materials available to you through the Site,
· To respond to your inquiries, we may share your personal information with third parties that perform functions on our behalf, such as companies, contractors, subsidiaries, affiliates or individuals (either now existing or thereby created in the future) that: host or operate our Site; analyze data; provide customer service; advertisers; sponsors or other third parties that participate in or administer our promotions
· Your personal information may also be used by us or shared with our affiliates, sponsors, partners, advertisers or other third parties, including lead generation companies to provide you with product information and promotional and other offers
· Business Transfers. If another entity acquires us or all or substantially all of our assets, or assets related to the Site, personal information, Usage Information, and any other information that we have collected about the users of the Site may be disclosed to such entity as part of the due diligence process and will be transferred to such entity as one of the transferred assets
· If any bankruptcy or reorganization proceeding is brought by or against us, all such information may be considered an asset of ours and as such may be sold or transferred to third parties
· To provide you with notices about your account including but not limited to notify you about changes to our Site, any products or Services we offer through our Site
· For any purpose with your consent
· For any other purpose disclosed by us with you provide the information
· Pandemic Action Network may transfer and disclose information, including your personal information, Usage Information and Device Identifier, (including IP address), to third parties to comply with a legal obligation; when we believe in good faith that the law requires it; at the request of governmental authorities conducting an investigation
· To respond to an emergency; or otherwise to protect the rights, property, safety, or security of third parties, visitors to our Site or the public
· If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of our Company, our customers or others
4. OUR LEGAL BASIS FOR HANDLING OF YOUR PERSONAL DATA
The laws in some jurisdictions require companies to tell you about the legal ground they rely on to use or disclose your personal data. To the extent those laws apply, our legal grounds are as follows:
To honor our contractual commitments to you: Much of our processing of personal data is to meet our contractual obligations to our users, or to take steps at users’ request in anticipation of entering into a contract with them. For example, we handle personal data on this basis to create your account and provide our Services.
Legitimate interests: In many cases, we handle personal data on the ground that it furthers our legitimate interests in ways that are not overridden by the interests or fundamental rights and freedoms of the affected individuals: This includes:
1. Providing a safe and enjoyable user experience;
2. Customer service;
3. Marketing, e.g. sending emails or other communications to let you know about new features;
4. Protecting our users, personnel, and property;
5. Analyzing and improving our business, e.g. collecting information about how you use our Services to optimize the design and placement of certain features;
6. Processing job applications; and
7. Managing legal issues.
Legal compliance: We need to use and disclose personal data in certain ways to comply with our legal obligations.
To protect the vital interests of the individual or others: For example, we may collect or share personal data to help resolve an urgent medical situation.
Consent: Where required by law, and in some other cases, we handle personal data based on your implied or express consent.
5. YOUR CHOICE AND ACCESS
Data Retention. We may retain your personal data for a period of time consistent with the original purpose of collection. We determine the appropriate retention period for personal data on the basis of the amount, nature, and sensitivity of your personal data, the potential risk of harm from unauthorized use or disclosure, and whether We can achieve the purposes of the processing through other means, as well as the applicable legal requirements (such as applicable statutes of limitation).
We retain your personal data while your account is in existence or as needed to provide you Services. This includes data you or others provided to us and data generated or inferred from your use of our Site and Services. Even if you only use our Site intermittently, we will retain your information and keep your account open until you decide to close your account.
Right to Access and Control Your Personal Data. For personal data that we have about you:
· Delete Data: You can ask us to erase or delete all or some of your personal data (e.g. if it is no longer necessary to provide Services to you). If you request that any of your personal data be deleted, we reserve the right to terminate and/or limit your access to the Service to the extent Services cannot be reasonably provided without that information.
· Change or Correct Data: You can edit some of your personal data through your account. You can also ask us to change, update or fix your data, particularly if it is inaccurate at the email address below.
· Object to, or Limit or Restrict, Use of Data: You can ask us to stop using all or some of your personal data (e.g., if we have no legal right to keep using it) or to limit our use of it (e.g. if your personal data is inaccurate or unlawfully held).
· Right to Access and/or Take Your Data: You can ask us for a copy of your personal data and can ask for a copy of personal data you provided in machine readable form.
Visitors can make request by contacting us at: email@example.com.
6. CHILDREN’S PRIVACY
This Site and the services related to the Site are not directed to children under the age of 18. We do not knowingly collect information, including personal data from children or other individuals who are not legally able to use our sites and Services. If we obtain actual knowledge that we have collected personal data from a child under the age of 18, We will promptly delete it, unless we are legally obligated to retain such data. Contact us via firstname.lastname@example.org if you believe that we have mistakenly or unintentionally collected information from a child under the age of 18.
7. OTHER SITES
The Site may contain links to other sites that we do not own or operate. This includes links from service providers, advertisers, sponsors and partners that may use our logo(s) as part of a co-branding agreement. We do not control, recommend or endorse and are not responsible for these sites or their content, products, services or privacy policies or practices. These other web sites may send their own cookies to your Device, they may independently collect data or solicit personal information and may or may not have their own published privacy policies. You should also independently assess the authenticity of any site which appears or claims that it is one of our Sites (including those linked to through an email or social networking page).
8. CONSENT TO PROCESSING
The Site is hosted in The Netherlands and operated in the United States in accordance with the laws of the United States. We make no representation that the Site is governed by or operated in accordance with the laws of any other nation. If you are located in the European Union, Canada or elsewhere outside of the United States, please be aware that information we collect may be transferred to and processed in the United States. By using the Site, or providing us with any information, you (a) acknowledge that the Site is subject to the laws of the United States, (b) consent to the collection, processing, maintenance and transfer of such information in and to the United States and other applicable territories in which the privacy laws may not be as comprehensive as or equivalent to those in the country where you reside and/or are a citizen, and (c) waive any claims that may arise under those laws.
We take reasonable steps to protect the information provided via the Services from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or email transmission is ever fully secure or error free. In particular, email sent to or from the Services may not be secure. Therefore, you should take special care in deciding what information you send to us via email. Please keep this in mind when disclosing any information via the Internet.
11. CONTACT US
12. CONFLICT OF INTEREST STATEMENT
Please see our Conflict of Interest statement detailed here.