SurvivorNet Privacy Policy

 

SurvivorNet, Inc. (“we”, “us” or “our”) provide you with informational and educational videos created by researchers, clinicians, and scientists addressing care and treatment information for various types of cancer through the Website (“Website”).

This SurvivorNet Privacy Policy (this “Privacy Policy”) covers our online privacy practices with respect to use and/or disclosure of information that we may collect from you when you access or use the Website. Your access and use of the Website is governed by our Terms and Conditions (“Terms and Conditions”).

Last Updated: October 17, 2018

PLEASE CAREFULLY READ THIS PRIVACY POLICY. THIS PRIVACY POLICY APPLIES TO YOUR USE OF THE WEBSITE AND NOT TO INFORMATION COLLECTED OFFLINE OR THROUGH ANY OTHER WEBSITES, APPLICATIONS, OR OTHER CONTENT THAT MAY BE ACCESSIBLE FROM OR LINKED TO THE WEBSITE (EVEN IF AFFILIATED WITH SURVIVORNET).  SURVIVORNET IS NOT RESPONSIBLE FOR THE CONTENT OR PRIVACY PRACTICES ON ANY SITE TO WHICH THE WEBSITE LINKS.

BY USING THE WEBSITE, YOU ACCEPT THIS PRIVACY POLICY.  IF YOU DO NOT AGREE TO THE TERMS OF THIS PRIVACY POLICY, YOU MUST IMMEDIATELY STOP USING THE WEBSITE.

 

Changes to this Privacy Policy.

SurvivorNet may revise and update this Privacy Policy at any time by posting an updated Privacy Policy to the Website, which shall apply to your use of the Website after such modifications have been posted. Please review this Privacy Policy periodically for any updates or changes. Your continued use of the Website following the posting of any updates or changes to this Privacy Policy will mean you accept the changes. If you object to any provision of this Privacy Policy or any subsequent modifications to this Privacy Policy, your only recourse is to immediately terminate your use of the Website.

 

What Information Is Collected About You?

 

Information Collection.

SurvivorNet may collect personal and other information from you when you provide information to use or when you interact with us via the Website. There are two kinds of information websites can obtain about you: (a) Personal Information, and (b) Non-Personal Information. This section details what types of Personal Information and Non-Personal Information we collect from you when you access or use the Website.

 

Personal Information.

Personal Information” is any information that personally identifies you, such as your name, email address, address, or your telephone number. Personal Information does not include protected health information (“PHI”) as defined by the Health Insurance Portability and Accountability Act of 1996 and the Health Information Technology for Economic and Clinical Act and any regulations promulgated thereunder. In certain circumstances, we may request, allow or otherwise provide you an opportunity to submit your Personal Information in connection with a feature, program, or some other aspect of our Website. Sometimes this Personal Information is needed when you create an account or register with our Website, sign-up for our newsletter, make a request for certain features or materials related to our services, when you contact us, or we may ask you to provide us with Personal Information on a voluntary basis in certain areas of our Website. In particular, you may be asked to provide the following information:

 

Account Registration.

If you choose to register or update an existing user account with SurvivorNet, you may be required to submit Personal Information, including your name and email address.  Access to some SurvivorNet services may be limited to users who have registered an account.

 

Newsletters & Emails to You.

At registration and at various times as you use the Website, you will be given the option of providing us with Personal Information, including your email address, in order to receive recurring informational/promotional newsletters via email from SurvivorNet. From time to time SurvivorNet makes subscriptions to our newsletters available on third party websites. If you sign up for one of our newsletters on a third party site the site will provide us with your Personal Information such as your email address and we may use that information as described in this Privacy Policy as though you had provided it directly to SurvivorNet.

 

You can unsubscribe from a newsletter by following the directions included at the bottom of the newsletter and using the “Unsubscribe” link found in the emails.

 

Market Research.

From time to time, SurvivorNet may conduct online research surveys through email invitations, pop-up surveys and online focus groups. When participating in a survey, we may ask you to enter Personal Information. The Personal Information you submit in a survey may be used by SurvivorNet for research and measurement purposes, as described below, including to measure the effectiveness of content, advertising or programs. When our market research surveys collect Personal Information we will not knowingly accept participants who are under the age of 13. Market research surveys conducted by or on behalf of SurvivorNet will contain a link to this Privacy Policy.

 

Messages You Send to SurvivorNet.

This Privacy Policy does not apply to information, content, ideas, concepts or inventions that you send to SurvivorNet. If you want to keep content, ideas, concepts or inventions private or proprietary, do not send them to SurvivorNet.

 

Non-Personal Information.

Even if you do not register with or provide any Personal Information to SurvivorNet, we collect Non-Personal Information about your use of the Website. “Non-Personal Information” is aggregate data that websites use to administer their sites. It may include such information as your browser type, device type or identifier, or your Internet Protocol (IP) address, and may include the use of “cookies” or other tracking technologies. SurvivorNet may from time to time retain third parties to help us collect and aggregate user information related to the Website.

 

Cookies and Web Beacons.

A “cookie” is a small text file that may be transferred to your computer’s hard drive in order to personalize our services for you and to collect aggregate, non-personal information regarding usage of the Website. Each computer is assigned a different cookie that contains a random, unique number.  The cookie does not contain Personal Information.  We use two different types of cookies: (a) a “session” cookie, which tracks a user session, and which expires shortly after the session ends, and (b) a “persistent” cookie, which tracks unique visits to the Website, as well as how the user arrived at the Website, and the type of user.  So that users are not counted repeatedly, this cookie can “persist” anywhere from six months to two years.

 

Your browser software can be set to warn you of cookies or reject all cookies. Most browsers offer instructions on how to reset the browser to reject cookies in the “Help” section of the toolbar.  If you reject our cookie, this may disable some of the functions of the Website and you may not be able to use certain services.

 

A “web beacon”, “clear gif”, “web bug”, or “pixel tag” is a tiny graphic file with a unique identifier that allows us to count the number of users that have visited certain pages or screens of our websites, and helps determine the success of advertising campaigns. When used in HTML-formatted email messages, web beacons can tell the sender whether the email has been sent and when the email has been opened. In contrast to cookies, which may be stored on your computer’s hard drive, web beacons are typically embedded invisibly on pages or screens.

 

Third parties under contract with SurvivorNet may use cookies or web beacons to collect Non-Personal Information about your usage of the Website, including which content you have viewed. These third party advertising service providers may use this information to help SurvivorNet deliver advertising on the Website as well as on other sites on the Internet based on your browsing activity on the Website. SurvivorNet may further tailor the advertising on SurvivorNet and these third party sites based on additional Non-Personal Information to the extent known by SurvivorNet or these third parties. Two of the third parties that SurvivorNet works with are Google and Facebook. In addition to using the Non-Personal Information it collects performing services for SurvivorNet Google may also use such information as described in its privacy policy. To see how Google may use information collected through our use of the Google services on the Website, visit https://www.google.com/policies/privacy/partners. While Facebook does not provide any Personal Information to SurvivorNet, Facebook may use information that it has about you and that it collects performing services for SurvivorNet (which may be associated with Personal Information that Facebook has about you) as described in its privacy policy available at https://www.facebook.com/about/privacy.

 

Do Not Track Settings.

Some browsers have a “do not track” feature that lets you indicate that you do not want your online activities tracked.  These features are not yet uniform, so we do not currently respond to such features or signals.  Therefore, if you use a “do not track” feature in your web browser or block or delete tracking cookies, we reserve the right to share aggregated site statistics monitored by cookies and web beacons with our partners.

 

Non-Personal Information Collected by Third Parties Not Acting on SurvivorNet’s Behalf.

Advertisers on the Website may use their own cookies, web beacons or other online tracking technologies in the banner advertisements and links and on the pages (“Brand Pages”) on the Website that consist solely of advertisements or other content from our advertisers. This advertiser content may also be served in emails, special promotions or newsletters we send you. Their advertisements may be displayed on the Website or on other sites that you visit after you visit the Website. Some advertisers use companies other than SurvivorNet to serve their ads and to monitor users’ responses to ads, and these ad servers may also collect Non-Personal Information through the use of cookies or web beacons on the Website.

 

While we generally permit the use of these third party cookies on the assumption that they comply with our Advertising Policy and we assist our advertisers with the placement of cookies or beacons on Brand Pages, we do not control how third parties use Cookies or Web Beacons or how they manage the Non-Personal Information they gather through the use of these technologies on the Website and we may be unable to verify compliance with our Advertising Policy. To see how Google may use information collected through your use of Google’s search services on the Website, visit https://www.google.com/policies/privacy/partners.

 

Protected Health Information (“PHI”).

SurvivorNet does not ever request, solicit, or require you to submit, upload or transmit PHI in order to access or use the Website. To the extent SurvivorNet receives PHI, SurvivorNet will handle the PHI in accordance with SurvivorNet’s notices applying to Personal Information.

 

SURVIVORNET CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR USER’S USE OR MISUSE OF PHI OR OTHER INFORMATION TRANSMITTED, MONITORED, STORED, OR RECEIVED WHILE USING THE WEBSITE.

 

What Choices Do I Have?

 

Updating/Removing Your Personal Information.

If you do not want your Personal Information used by SurvivorNet as provided in this Privacy Policy, you should not access or use the Website. You can correct, update, or review Personal Information you have previously submitted by logging-in and making the desired change. You can also update or correct any Personal Information you have submitted by contacting us at privacy@survivornet.com.

 

If you have registered an account and desire to delete any of your Personal Information you have provided to us from our systems please contact us at privacy@survivornet.com. Upon your request, we will delete your Personal Information from our active databases and where feasible from our back-up media. You should be aware that it is not technologically possible to remove each and every record of the information you have provided to the Website from our servers.

 

How Is Information Collected About You Used?

Information collected by SurvivorNet about you is used by SurvivorNet to:

  • administer your account and our Website,
  • provide you with access to particular tools and services,
  • respond to your inquiries you send to us and to send you administrative communications about the SurvivorNet Website or services,
  • obtain your feedback about the SurvivorNet Website or our offerings,
  • statistically analyze trends and user behavior and activity including how frequently areas of the site are visited and how many emails are received and opened,
  • provide you and people with similar demographic characteristics and interests with more relevant content or advertising both on the Website or on other web sites that you visit after you leave the Website; and
  • conduct research and measurement activities, including those described below.
  • send you personalized emails or secure electronic messages pertaining to your health interests, including news, announcements, reminders and opportunities from SurvivorNet; and
  • send you relevant offers and informational materials on behalf of our sponsors pertaining to your health interests.

 

SurvivorNet may combine Personal Information and Non-Personal Information collected by SurvivorNet about you, and may combine this information with information from external sources.

 

Research and Measurement Activities.

Information that SurvivorNet collects about you may be combined by SurvivorNet with other information available to SurvivorNet through third parties for research and measurement purposes, including measuring the effectiveness of content, advertising or programs. This information from other sources may include age, gender, demographic, geographic, personal interests, product purchase activity or other information. We may report aggregate information, which is not able to be identified back to an individual user of the Website, to our current or prospective advertisers or other business partners. We do not sell or share any Personal Information with any third parties, except that contractors performing services on our behalf may be provided access to Personal Information when performing these services. These contractors agree not to use this information for any purpose other than performing services on our behalf.

 

With Whom Do We Share Your Information?

Except as described in this Privacy Policy or as specifically agreed to by you, SurvivorNet will not disclose any Personal Information it gathers from you through the Website. We may only release Personal Information to third parties: (a) to comply with legal requirements such as a law, regulation, search warrant, subpoena or court order; (b) when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request; or (c) in special cases, such as in response to a physical threat to you or others, to protect property or defend or assert legal rights. In addition, we may disclose your Personal Information as described below. We may share Non-Personal Information that we have about you, including about your browsing activity on the Website, with third party advertising service providers who may use this information, on our behalf, to help SurvivorNet deliver advertising on the Website.

 

In the event of a corporate change in control resulting from, for example, a sale to, or merger with, another entity, or in the event of a sale of assets or a bankruptcy, SurvivorNet reserves the right to transfer your Personal Information to the new party in control or the party acquiring assets. In the event of such a change, your Personal Information will continue to be treated in accordance with this Privacy Policy unless any changes to the Privacy Policy are made in accordance with the section above that discusses “Changes to This Privacy Policy.”

 

Disclosures to SurvivorNet Contractors.

SurvivorNet contractors sometimes have limited access to your Personal Information and Non-Personal Information in the course of providing products or services to SurvivorNet. These contractors include vendors and suppliers that provide us with technology, services, data analysis, research, advertising and marketing assistance and/or content in connection with our operation and maintenance of the Website. We contractually require that our contractors: (a) protect the privacy of your Personal Information and Non-Personal Information consistent with this Privacy Policy; and (b) not use or disclose your Personal Information or Non-Personal Information for any purpose other than providing the limited service or function for SurvivorNet.

 

Disclosures to Third Party Websites.

Certain content, services and advertisements offered to you through the Website are served on, or contain links to, websites hosted and operated by a company other than SurvivorNet (“Third Party Websites”). SurvivorNet does not disclose your Personal Information to these Third Party Websites without your consent, but you should be aware that any information you disclose to Third Party Websites is not subject to this Privacy Policy. SurvivorNet does not endorse and is not responsible for the privacy practices of these Third Party Websites. You should review the privacy policy posted on the Third Party Website to understand how that Third Party Website collects and uses your Personal Information.

 

How Do We Secure and Retain Your Information?

We maintain appropriate physical, electronic, and procedural safeguards to protect your Personal Information collected via the Website in compliance with applicable law.  Despite SurvivorNet’s efforts to protect your Personal Information, there is always some risk that an unauthorized third party may find a way around our security systems or that transmissions of your information over the Internet may be intercepted. SurvivorNet cannot ensure or warrant the security of any information you transmit to SurvivorNet or through the Website, and you do so at your own risk. You acknowledge and agree that SurvivorNet shall not be liable for any security breach that results from causes or events that are beyond SurvivorNet’s control (including, but not limited to, acts of God, hacking, terrorism, power outages, defects in third party security products and services, your own acts and omissions, and other similar events beyond SurvivorNet’s control).

 

Children.

We are committed to protecting the privacy of children. The Website is not designed or intended to attract children under the age of 13, if you are a child under the age of 13, you are not allowed to use the Website and should immediately exit the Website or get an adult. The Website does not collect Personal Information from any person we actually know is under the age of 13. If you think that we have collected personal information from a child under the age of 13 through the Website, please contact us at privacy@survivornet.com and we will dispose of the information.

 

Your California Privacy Rights.

Under California Law, California residents have the right to request in writing from businesses with whom they have an established business relationship, (a) a list of personal information, such as your name, e-mail and physical mailing address and the type of services provided to you, that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes; and (b) the names and addresses of all such third parties. To request the above information, please contact us at privacy@survivornet.com with a reference to California Disclosure Information.

We will endeavor to respond to such requests within thirty (30) days following receipt at the e-mail address stated above. If we receive your request at a different e-mail, we will respond within a reasonable period of time, but not to exceed one hundred and fifty (150) days from the date received. Please note that we are only required to respond to you once per calendar year.

 

Dispute Resolution.

You agree that any dispute arising out of or relating in any way to your use of the Website requires that such claim be resolved exclusively by confidential, binding arbitration. The arbitration shall be conducted before three neutral arbitrators in New York, New York, U.S.A., in accordance with the rules of the American Arbitration Association (“AAA”), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding. The parties shall equally share all AAA charges and fees associated with the arbitration. Subject to this Privacy Policy, the arbitrators will have the authority to apportion liability between the parties, but will not have the authority to award any damages or remedies not available under, or in excess of, the express terms of this Privacy Policy. The arbitration award will be presented to the parties in writing, and upon the request of either party, will include findings of fact and conclusions of law. The award may be confirmed and enforced in any court of competent jurisdiction. With regards to any action for breach of confidentiality or intellectual property obligations, nothing in this Section shall preclude either party from seeking interim equitable relief in the form of a temporary restraining order or preliminary injunction. Any such request by a party of a court for interim equitable relief shall not be deemed a waiver of the obligation to arbitrate hereunder. THE PARTIES EXPRESSLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL.

 

BECAUSE THE USE OF THE WEBSITE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.

 

The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party hereby consents (a) to the exclusive jurisdiction of the state or federal courts located in New York, New York, for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, or (iii) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies, and (b) to service of process in any such action by registered mail or any other means provided by law. Should this section be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that sole and exclusive jurisdiction and venue for any claims will be in the state or federal courts in New York, New York, and each party hereby irrevocably consents to the exclusive jurisdiction of such courts.

 

General.

SurvivorNet may assign or transfer its rights and duties under this Privacy Policy without notice to you. You may not assign this Privacy Policy without the prior written consent of SurvivorNet. If any provision in this Privacy Policy is found by a court or arbitrator to be invalid, the parties agree that the court or arbitrator should give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Privacy Policy will remain in full force and effect. SurvivorNet’s failure to act with respect to a breach of this Privacy Policy does not constitute a waiver of its right to act with respect to subsequent or similar breaches. This Privacy Policy will be governed by and construed in accordance with the laws of the State of New York without regard to its choice of law provisions. These terms and any modifications constitute the entire agreement between the parties with regard to the subject matter in this Privacy Policy and supersede all prior understandings and agreements, whether written or oral, as to such subject matter

 

Contacting SurvivorNet About Your Personal Information or Privacy.

If you have any questions or concerns about this Privacy Policy or the information practices of SurvivorNet, please contact us at privacy@survivornet.com.

 

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