Pediatric Brain Tumor Foundation
Working to eliminate the challenges
of childhood brain tumors
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Privacy Policy, Donor Privacy Policy Addendum and Terms of Use

Privacy Policy

Last revised Oct. 5, 2015

Our Commitment to Privacy
The Pediatric Brain Tumor Foundation (“we,” “our,” “PBTF” or “the PBTF”) cares deeply about the privacy of our donors, friends, volunteers, patients and their families. This notice describes our privacy policy as it pertains to the website located at www.curethekids.org, sub-websites, mobile applications, other online products and services and offline communications (the “Site”). We may, from time to time, revise this Privacy Policy. The date of the last revision will be available at the top of this page, so please be sure to check back periodically. By visiting the Site, you are acknowledging and accepting this Privacy Policy. Your continued use of the Site after changes have been posted to the Privacy Policy will constitute your acceptance of such changes. 

Personally Indefinable Information We Collect
We collect personally identifiable information about you in various ways when you visit the Site. During your interactions with the Site, such as when you register with the Site, sign up for an event, or agree to volunteer we may collect the following types of information:

  • your name;
  • date of birth;
  • postal address;
  • email address;
  • telephone number;
  • credit card information (for payment transactions);
  • your personal connection to pediatric brain tumors; and
  • your preferences for receiving additional information, such as our enewsletter.

We use this information to validate Site users, to facilitate participation in various PBTF events and services as offered through the Site, and to process any transactions that you make through the Site. If we need to contact you regarding the Site, our services or your account, or to respond to an inquiry from you, this information may be used to contact you. If you send us an email, we may retain it and any response we make in order to handle any follow-up questions you may have, and to measure how effectively we address your concerns. 

You may also submit information that personally identifies you or someone you know, including your connection to pediatric brain tumors, when you post text, photographs and/or videos to any public forum that is offered through the Site, such as through the “Share your Story” tab, web logs, bulletin boards, or other forums which permit users to interact online, such as Facebook, Instagram and Twitter. Any information you transmit online in such forums will be made public and the PBTF cannot control, nor is it responsible for, the use any third party may make of such information. You should understand that any information that you submit on any public forum through the Site or other forums is not and cannot be treated as confidential by us, and is not subject to this Privacy Policy. Your participation on these forums and public post boards is voluntary, and you consent to full public disclosure of any personally identifiable information that you submit through such forums. You should exercise caution when deciding whether to disclose your personal information. 

Non-personally Identifiable Information We Collect
In addition to the information you knowingly provide, the PBTF automatically receives and records non-personal information on our server logs from your browser as well as through other analysis of the Site. We also may collect information using cookies, web beacons or similar technologies, or through third parties using similar technologies. A “cookie” is a piece of data stored on your computer. When you visit the Site, your web browser may store cookies on your computer, which will better enable you to navigate the Site upon return. You may use the Site even if you choose to reject or delete the cookies. Cookies also may be used by some of the other websites for which a link is placed on the Site.

Storage and Security
To prevent unauthorized access, maintain data accuracy and ensure the correct use of information, we have put in place reasonable physical, electronic and managerial procedures to safeguard and secure your personally identifiable information. 

Information Sharing/Disclosure
We may use any of the information we collect from you to respond to you and improve the Site and our services, including to:

  • process payment transactions;
  • process and respond to your questions;
  • contact you about your account or an event; for example, we send all registered users a welcome email to confirm registration;
  • update the Site and create marketing plans;
  • implement credit fraud protection and risk reduction measures;
  • enforce the terms of service;
  • send you a newsletter or information about the PBTF; and
  • for any other reason you provided the information to us.

We may share the information we collect from with you to third parties, including to:

  • our service providers, auditors, consultants, external business partners, suppliers, vendors and others who help the PBTF with financial, operational or research activities on our behalf;
  • a third-party service provider hired to prepare and/or process the mailing when we communicate with you by mail, email or other means;
  • a bank or credit card payment processor in order to complete a transaction;
  • third parties to provide analytics or to confirm or update information provided by you;
  • third parties in the event of any reorganization, merger, sale, joint venture, assignment, transfer or disposition of all or any portion of the PBTF's business or operations (including bankruptcy); 
  • respond to subpoenas, court orders, or other legal process, or to establish or exercise our legal rights or defend against legal claims; or
  • investigate, prevent or take action regarding illegal activities, suspected fraud or illegal activities, or when otherwise required by law.

Children
The PBTF does not knowingly collect information from children under 13. If you are under 13, please do not submit any personal information to the PBTF. If you are 13 to 17 years of age, you may visit, browse and use the information on the Site, but you may not register an account or submit any personal information. If you are 13 to 17 years old, by browsing the Site you confirm that you have the permission of a parent or guardian to do so. If you are a parent or guardian and believe that we may have inadvertently collected personal information from your child, please notify us immediately by sending an email to info(at)curethekids.org.

Opting Out of Communications
You may opt-out of receiving future communications from us by clicking the “unsubscribe” link at the bottom of any emails you receive from us and following the instructions provided. You may also email an unsubscribe request to info(at)curethekids.org. Please note that such requests may take up to ten (10) days to become effective. You may not opt out of receiving communications regarding your dealings with the PBTF, the Site or technical information about the same. 

Links
We may have links to other sites. These sites have their own privacy policies, which we urge you to review before providing any information to them.

How to Contact Us
If at any time you wish to have your name removed from our mailing list, we will comply with your request. Please write us at 302 Ridgefield Ct., Asheville, NC 28806, call us at 828-665-6891 or email info(at)curethekids.org. If you have any questions regarding our privacy policy, please let us know. 

 

Donor Privacy Policy Addendum

Last Revised Oct. 5, 2015

The Pediatric Brain Tumor Foundation (“we,” “our,” “PBTF” or “the PBTF”) cares deeply about the privacy of our donors. This notice describes our privacy policy as it pertains to the online and offline donations and related communications (a “Donation”). We may, from time to time, revise this Donor Privacy Policy Addendum. The date of the last revision will be available at the top of this page, so please be sure to check back periodically. By making a Donation you are acknowledging and accepting this Donor Privacy Policy Addendum. Any subsequent Donation made after changes have been posted to the Donor Privacy Policy Addendum will constitute your acceptance of such changes. 

Other Policies
We have a Privacy Policy and Terms of Use that govern other aspects of the Site and ask that you carefully review these, because by visiting the Site, you are acknowledging and accepting these policies. 

Information Collected from Donors
When you make a donation to the PBTF, we collect the following personally identifiable information from you:

  • name;
  • email address;
  • mailing address (including street, city, state and zip code); and
  • credit card information (if chosen method of payment).

How We Use Your Donor Information
The PBTF does not sell, trade or rent any donor information for any purpose and does not send out donor mailings on behalf of other organizations except with the donor's specific permission to do so. However, the PBTF may use your donor information to:

  • send you a receipt for your donation;
  • thank you for your donation;
  • conduct internal analysis and recordkeeping;
  • report to federal and state agencies;
  • create a donor list or database; or
  • contact you about PBTF news, activities, events and other fundraising opportunities

How We May Ask Third Parties to Use Your Donor Information
The PBTF does not sell, trade or rent any donor information for any purpose and does not send out donor mailings on behalf of other organizations except with the donor's specific permission to do so. However, the PBTF may share your donor information with a third party, including to:

  • our service providers, auditors, consultants, external business partners, suppliers, vendors and others who help the PBTF with financial, operational or research activities on our behalf; 
  • a third-party service provider hired to prepare and/or process the mailing when we communicate with you by mail, email or other means; 
  • a bank or credit card payment processor in order to complete a transaction;
  • third parties to provide analytics or to confirm or update information provided by you;
  • third parties in the event of any reorganization, merger, sale, joint venture, assignment, transfer or disposition of all or any portion of the PBTF's business or operations (including bankruptcy); 
  • respond to subpoenas, court orders or other legal process, or to establish or exercise our legal rights or defend against legal claims; or
  • investigate, prevent or take action regarding illegal activities, suspected fraud or illegal activities, or when otherwise required by law.

How to Contact Us
If you have any questions, please write us at 302 Ridgefield Ct., Asheville, NC 28806, call us at 828-665-6891 or email info(at)curethekids.org.

 

Terms of Use 

Last Updated Oct. 5, 2015

Welcome to www.curethekids.org, our sub-websites, our mobile applications, other online products and services and offline communications (the “Site”) offered by the Pediatric Brain Tumor Foundation (“we,” “our,” “PBTF” or “the PBTF”). The content and services available on the Site are subject to the following terms of use (“Terms”). We may, from time to time, revise these Terms, which also include our Privacy Policy and Donor Policy Addendum. The date of the last revision will be available at the top of this page, so please be sure to check back periodically. By visiting the Site, you are acknowledging and accepting these Terms. Your continued use of the Site after changes have been posted to the Terms will constitute your acceptance of such changes. 

Privacy Policy
Please review our Privacy Policy, which also governs your visit to the Site. If you do not agree with the Privacy Policy, you are not authorized to use the Site. The terms of the Privacy Policy are incorporated in these terms by reference.

Donor Policy Addendum
Please review our Donor Policy Addendum, which provides additional information on how we use and collect donor information. The terms of the Donor Policy Addendum are incorporated in these terms by reference.

Intellectual Property
Copyrights: All content available on the site, including but not limited to text, graphics, logos, buttons, icons, images, audio, video, data compilations and software, and the compilation thereof, and the look and feel of the site, is the copyright and property of the PBTF, our affiliates, partners or licensors, and is protected by United States and international copyright laws. 

Trademarks: The trademarks, service marks, logos, slogans, trade names and trade dress displayed on the Site are the registered and unregistered marks of the PBTF, our affiliates, partners or licensors, in the United States and other countries, and are protected by United States and international trademark laws. The PBTF owns trademarks for the names Pediatric Brain Tumor Foundation, Ride for Kids, the Brain Tumor Foundation for Children and Tumor Troopers, as well as service marks for program logos.

Except as set forth in the limited license section below, or as required under applicable law, neither the copyrights, trademarks, other intellectual property nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified or otherwise exploited, in whole or in part, for any purpose without our prior written consent.

Limited License
We grant you a limited, revocable and nonexclusive license to access and make personal use of the Site. This limited license prohibits and does not permit you to: (i) frame or utilize framing techniques to enclose the Site or any portion thereof; (ii) modify, download, reverse engineer or decompile the Site or content (except caching or as necessary to view the Site); (iii) make any use of the Site or content other than personal use; (iv) create any derivative work based upon the Site or content; (v) collect another’s account information for the benefit of yourself or another party; (vi) use any meta tags or any other "hidden text" utilizing our name or the trademarks or to otherwise use the trademarks; (vi) use software, automated devices, robots, spiders, crawlers, scripts or similar data gathering and extraction tools or otherwise collect and/or use any product listings, descriptions, price or similar information; or (vii) take any other action that may impose an unreasonable burden or load on our infrastructure or interfere with the operation of the Site or that may adversely affect performance of the Site or restrict any other user or the PBTF from using or enjoying the communication services or the Site. 

We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of www.curethekids.org for personal, noncommercial use only. A third-party Site that links to www.curethekids.org (i) may link to, but not replicate, our content; (ii) may not imply that we are endorsing such Site or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial or damaging to the goodwill associated with our name and trademarks, and may contain only content that is lawful and appropriate for all ages; (v) may not portray us or our products or services in a false, misleading, derogatory or otherwise offensive or objectionable manner, or associate us with undesirable products, services or opinions; (vi) may not use our name or trademarks other than in identifying the link; www.curethekids.org and (viii) must display www.curethekids.org on full-screen and not within a “frame” on the linking Site. We may, in our sole discretion, request that you remove any link to www.curethekids.org, and upon receipt of such request, you shall immediately remove such link. 

Any unauthorized use by you of the Site terminates the limited license set forth in this section without prejudice to any other remedy provided by applicable law or these terms. Immediately upon any such termination you shall remove any hyperlink to the Site.

Medical Disclaimer
You acknowledge that the information on the Site is provided "as is" for general information only. It is not intended as medical advice, and should not be relied upon as a substitute for consultations with qualified health professionals who are familiar with your individual medical needs.

Your Account
You may choose to create an account on the Site by registering with us or using third-party sign-on services (e.g., Facebook Connect). If you use a third-party sign-on service, you expressly authorize the PBTF to access your account information maintained by identified third-party data service providers, on your behalf in connection with your use of the Site. Your registration is subject to our review and approval and we reserve the right not to approve, or withdraw approval of, your registration at any time for any reason. In registering an account, you agree to provide, maintain and update information that is true, accurate, current and complete about yourself. 

When you register an account, you will select an email address/username and password to be used to access your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account, username and/or password. We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these terms or if we decide, in our sole discretion, that it would be in our best interests to do so. 

Social Media
Our Site may contain social media features such as the Facebook Like button and widgets for other social media, such as Twitter, YouTube and Instagram. These social media features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these features are governed by the privacy policy and terms of use of the company providing the feature or widget. You should carefully review the terms and conditions and privacy policies. Please be mindful that not all accounts, usernames, sites, handles, pages, etc., that make use of the name “PBTF” are actually provided by us. Additionally, we may not respond to comments or questions posted via social media. If your submission to our social media pages or feeds contain questions or comments for the PBTF, we may respond publicly or privately; however, we encourage anyone with questions or comments to visit our website at www.curethekids.org or to email us at info(at)curethekids.org.

Reviews, Comments, Communications and Other Content
The Site may contain areas for you to share your story, submit comments and other content, and message or communication facilities to enable you to communicate with other users the Site and the PBTF (collectively “User Content”). You retain all rights in, and are solely responsible for your User Content. You acknowledge that your User Content may become available to others on the Site and elsewhere. You agree to post only User Content that is appropriate for general audiences and not confidential or private. 

In addition to your obligations stated elsewhere in these terms, you also agree that the following actions are prohibited and a material breach of these terms. By way of example and not limitation, you agree that you will not: 

(1) aggregate, copy, duplicate, publish or make available any content to third parties outside the Site in any manner;

(2) defame, abuse, harass, stalk, threaten or otherwise violate the privacy or publicity rights of others, or impersonate anyone else or misrepresent your identity or affiliation;

(3) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, pornographic, offensive, infringing, obscene, indecent or unlawful topic, name, material, content or information;

(4) upload or download files that contain any content protected by intellectual property laws or other laws, unless you own or control the rights or interests or have received all necessary consents or permissions;

(5) upload or transmit files that contain viruses, malware, disabling code, corrupted files or any other similar software or programs that may damage the operation of another’s computer;

(6) use the Site to make available unsolicited advertising or promotional materials, spam, pyramid schemes, chain letters or similar forms of unauthorized advertising or solicitation, or hack or violate any security measures;

(7) falsify or delete any author attributions, legal or other notices, or proprietary designations or labels of origin or source; or

(8) engage in any other action that, in our judgment, exposes us or any third party to potential liability or detriment of any type.

You grant PBTF and our affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display your User Content in any form throughout the world in any media whether now known or hereafter developed, alone or as part of other works. You further grant PBTF and our affiliates the right to use the name that you submit in connection with such content in our sole discretion. You represent and warrant that you own or otherwise control all rights to the User Content that you post, that the User Content is accurate, use of the User Content does not violate these terms and will not cause injury to any person or entity. You waive the opportunity to inspect or approve such use, and any obligation to identify you in connection with a submission or User Content. You agree to indemnify the PBTF, its subsidiaries, affiliates, partners or licensors, and their respective officers, agents, partners and employees, against any loss, liability, claim, or demand, including attorneys’ fees, relating to User Content you supply to the Site. It is our policy to decline any unsolicited suggestions or ideas. In addition to the foregoing regarding submissions, any unsolicited suggestions or ideas will be treated as nonproprietary and nonconfidential and will not be returned. We may use any intellectual property or other rights in any submission for any purpose, including, without limitation, for developing, manufacturing, distributing and marketing new products.

The PBTF may, but is under no obligation to, monitor and edit or remove any activity or content at its sole discretion. We take no responsibility and assume no liability for any content posted by you or any third party. The PBTF does not necessarily endorse any opinion or statement contained in any submission or User Content.

Notice and Procedures for Making Claims of Copyright or Intellectual Property Infringement
We may, in our sole discretion, disable and/or terminate use by users who infringe the intellectual property of others. If you believe your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our copyright agent a notice containing the following information:

(1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(2) a description of the copyrighted work or other intellectual property that you claim has been infringed;

(3) a description of where the material that you claim is infringing is located on the website (providing URL(s) in the body of an email is the best way to help us locate content quickly);

(4) your name, address, telephone number and email address;

(5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;

(6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Our copyright agent for notice of claims of copyright or other intellectual property infringement can be reached by sending an email to info(at)curethekids.org.

Disputes and Applicable Law
These terms shall be governed by, and will be construed under, the laws of the state of North Carolina, United States of America, without regard to choice of law principles. You agree that any dispute which may arise out of, under or in connection with your visit to or use of the Site shall be submitted to binding arbitration in Asheville, North Carolina, administered by the American Arbitration Association in accordance with its rules, and the judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. However, to the extent you have violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors, we may seek injunctive or other appropriate relief in any court and you consent to exclusive jurisdiction and venue in any such court. You agree that no claim arising out of these terms of use or your use of the Site may be brought as a class action, and no arbitration under these terms shall be joined with an arbitration involving any other party under these terms, whether through class arbitration proceedings or otherwise.

The Site is controlled in the United States and directed to individuals residing in the United States. Those who choose to access the Site from locations outside the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent applicable. Access to the Site is prohibited from jurisdictions where the Site or content is illegal or penalized. The PBTF reserves the right to limit the availability of the Site and content to any person or jurisdiction in its sole discretion. 

Disclaimer of Warranties
The Site and all content on the Site is provided to you on an “as is, as available” basis without warranty of any kind. We make no representations or warranties that use of the Site will be uninterrupted or error free, or as to any results that may be obtained by use of the Site. To the extent permitted by applicable law, we expressly disclaim all warranties, express or implied, including but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or noninfringement. We make no warranty as to the accuracy, completeness, reliability or availability of the Site or any content available through the Site. You expressly agree that your use of the Site is at your sole risk. 

Limitation of Liability
Under no circumstances shall we or our affiliates, partners or licensors be liable to you or any other person for any indirect, incidental, consequential or punitive damages arising out of or relating to these terms, or access to or use of the Site or its content, purchase you make, User Content or submissions to the Site, even if the PBTF has been advised of the possibility of such damages. Your sole and exclusive remedy hereunder shall be for you to discontinue your use of the Site and terminate these terms. These limited remedies shall apply notwithstanding any failure of their essential purpose. Certain state laws do not allow limitations on implied warranties or the exclusive or limitation of certain damages so these limitations and exclusions apply to you to the extent permitted by applicable law. You agree our total liability in the aggregate for any claims made by you or any third party shall not exceed one hundred dollars ($100.00) or the total amount of your last PBTF purchase, whichever is greater. 

Indemnification
You agree to indemnify, defend and hold the PBTF, its subsidiaries, affiliates, partners or licensors, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, due to or arising out of (a) your use of or any reliance on the Site or any of its content, products, services or activity; (b) any content or materials posted on or submitted to the Site by you or third parties; (c) a breach of these terms or the privacy policy, any applicable laws or our rights or those of any third party; and (d) any activity related to your account or any person accessing the Site using your account. 

Termination
You may terminate these terms by providing written notice to us. Upon such termination, you shall cease all use of the Site and we shall be permitted to delete your account and any and all information associated therewith. We may, with or without prior notice, terminate any of the rights granted by these terms. you shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.

Notice Required by California Law
Pursuant to California civil code section 1789.3, California residents are entitled to the following specific consumer rights notice:

The name and address of the provider of this service is: Pediatric Brain Tumor Foundation, 302 Ridgefield Ct., Asheville, NC 28806.

Complaints regarding the service or requests to receive further information regarding use of this service may be mailed to the above address or by email to info(at)curethekids.org.

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Ste. N112, Sacramento, CA 95834 or by telephone at 916-445-1245 or 800-952-5210. Hearing-impaired persons may call TDD 800-326-2297 or TDD 916-928-1227.

General Information
(a) You acknowledge and agree that these Terms of Use, which include our Privacy Policy and other terms and rules referenced herein, constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications. (b) Nothing contained in these terms shall be construed as creating any agency, partnership or other form of joint enterprise between us. (c) Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. (d) In the event that any provision of these terms and conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these terms unenforceable or invalid as a whole; and we will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.

Questions?
If you have any questions regarding these terms and conditions, please contact us by email at info(at)curethekids.org.