MIRACLES FOR KIDS ONLINE PRIVACY NOTICE
(Last revised 11/17/2020)
This policy (“Privacy Notice”) describes Miracles for Kids’ (“Miracles,” “we,” “us,” “our”) privacy practices, including how we treat information about users of Miracle’s websites (https://miraclesforkids.org/ and https://360miracle.org/) and our mobile application (collectively, the “Websites”), individuals who donate to us, individuals who volunteer with us, employees of corporate partners, individuals who benefit from our support (“you,” “your”). If we make changes we will update the last revised date, post the updated version on the Websites and take any other steps necessary to comply with applicable law.
PLEASE READ THIS PRIVACY NOTICE CAREFULLY. BY USING OR ACCESSING ANY OF THE WEBSITES OR BY OTHERWISE ENGAGING WITH US, YOU ACCEPT THE USE OF YOUR INFORMATION IT DESCRIBES AND TO THE OTHER TERMS OF THIS PRIVACY NOTICE. IF YOU DO NOT ACCEPT THIS PRIVACY NOTICE, PLEASE DO NOT ACCESS AND USE THE WEBSITES OR OTHERWISE ENGAGE WITH US.
Collection and Use of Information
When you access our Websites or otherwise engage with us, we may ask you to provide us with certain details or information about you, including:
- Website Visitors: When you use our Websites, you may enter the following information: your name, email address and phone number. If you choose to download our application, we will verify your membership and you may also choose to complete your profile by providing a photograph, your alma mater, your birthday, your GPS location, mobile and other phone numbers, a biography, your interests and hobbies, the name and birthday of your spouse or partner, information about your children, professional information (such as your job title, company name, company location and company contact information), the name and contact information of your executive assistant and your social media usernames.
In addition, we may collect additional information from the following categories of individuals:
- Donors: When you sign up or register for an event or make a financial or in-kind donation via our Websites online or in person, you may be asked to provide us with your address and payment information, such as a payment card (e.g., credit card) or, in the case of a donation, preferred mobile wallet or bank account and any information voluntarily provided should the donor fill out the comment. When you provide us with this information, we use it for any purpose you authorize, including to process a donation or purchase.
- Families We Help: When you sign up or register for an event or one of our programs or if you contact us via one of the contact methods on our Websites you may be asked to provide your address and any other details necessary to enable us to provide our support to you. When you provide us with your information, we will use it for any purpose you authorize, including to provide you with support and otherwise communicate with you. If you give us your permission, we may also share your information with potential donors by spotlighting your family so donors can donate to your family directly. We may also collect information about you from our partners who refer potential families to us. Any information about you we receive from outside sources will be treated in accordance with this Privacy Notice. We are not responsible or liable for the accuracy of the information provided to us by third parties and are not responsible for any third party’s policies or practices. See “Third Parties” below for more information.
- Volunteers: When you apply to volunteer as a business, you may be asked to provide the number of volunteers, a point of contact and an email. When you apply to volunteer as an individual, you may be asked to provide your address.
- Job Applicants: When you apply for a job or an internship, we may collect information about you included on your resume and any other information you voluntarily provide during our communications.
Our Websites, like most websites, use third party tools, including cookies and other tracking technologies, to understand your engagement and enhance our Websites’ performance and user experience. Cookies are data that is passed from a web server to your web browser while you are visiting internet websites. The data collected contains information about your website activity while on a website. Information regarding the choices that you make while visiting the website is then used to improve your web browsing experience. To limit the collection of cookies, you can change your browser’s cookie settings.
Your browser settings may also allow you to transmit a “Do Not Track” signal when you visit various websites. Like many websites, our Websites are not designed to respond to “Do Not Track” signals received from browsers. To learn more about “Do Not Track” signals, you can visit http://www.allaboutdnt.com/.
In addition to the foregoing, we may use all of the above information to comply with any applicable legal obligations, to improve our Websites, to enforce any applicable terms of service, and to protect or defend the Websites, our rights, the rights of our users, or others.
Sharing of Information:
On occasion, we may share information about you with third parties. Such circumstances may include:
- providing information to trusted partners who work on behalf of or with Miracles for Kids under confidentiality agreements (these companies do not have any independent right to share this information);
- providing information to service providers who provide services such as facilitating donations and other donor management services
- complying with applicable law or any obligations thereunder, including cooperation with law enforcement, judicial orders and regulatory inquires;
- in connection, or during negotiations of, any merger, consolidation, sale of company assets, financing, or acquisition of all or a portion of business to another company, resulting in a change of control of your information;
- enforcing any applicable terms of service;
- ensuring the safety and security of Miracles and/or its users;
- when you request us to share certain information with third parties; and
- with professional advisors, such as auditors, law firms or accounting firms.
You acknowledge that such sharing of information may occur in all of the aforementioned circumstanced and is permitted by and subject to this Privacy Notice.
Please note that any information you send to us electronically, while using the Websites or otherwise engaging with us, may not be secure when it is transmitted to us. We recommend that you do not use unsecure channels to communicate sensitive or confidential information to us. Please be aware though that, despite our best efforts, no security measures are perfect or impenetrable, and we cannot guarantee “perfect security.” Any information you send us through any means is transmitted at your own risk.
Questions and How to Opt-Out:
If you have any questions regarding this the specific information about you that we process or retain, this Privacy Notice or you would like to opt-out of communications such as newsletters, mailings, or invitations to events, please email us at firstname.lastname@example.org or call us at 714-730-3040.
TERMS OF SERVICE
(Last Revised on 9/9/2020)
Welcome to the Terms of Service (these “Terms”) for the website, https://miraclesforkids.org/ (the “Website”), and the related mobile application (the “App”) operated on behalf Miracles for Kids, Inc. (“Miracles”, “we” or “us”), and together with any content, tools, features and functionality offered on or through our Website and the App (collectively, the “Services”). Miracles is a 501(C)(3) non-profit organization with the mission to improve the lives of critically-ill children and their families in need.
These Terms govern your access to and use of the Services. Please read these Terms carefully, as they include important information about your legal rights. By accessing and/or using the Services, you are agreeing to these Terms. If you do not understand or agree to these Terms, please do not use the Services.
For purposes of these Terms, “you” and “your” means you as the user of the Services. If you use the Services on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf.
Please note that Section 8 contains an arbitration clause and class action waiver. By agreeing to these Terms, you agree (a) to resolve all disputes with us through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and (b) that you waive your right to participate in class actions, class arbitrations, or representative actions. You have the right to opt-out of arbitration as explained in Section 8.
TABLE OF CONTENTS
- (1) WHO MAY USE THE SERVICES
- (2) USER ACCOUNTS
- (4) RIGHTS WE GRANT YOU
- (5) OWNERSHIP AND CONTENT
- (6) DONATIONS
- (7) DISCLAIMERS, LIMITATIONS OF LIABILITY AND INDEMNIFICATION
- (8) ARBITRATION AND CLASS ACTION WAIVER
- (9) ADDITIONAL PROVISIONS
- (1) WHO MAY USE THE SERVICESYou must be 13 years of age or older and reside in the United States or any of its territories to use the Services. Minors under the age of majority in their jurisdiction but that are at least 13 years of age are only permitted to use the Services if the minor’s parent or guardian accepts these Terms on the minor’s behalf prior to use of the Services. Children under the age of 13 are not permitted to use the Services. By using the Services, you represent and warrant that you meet these requirements.
- (2) USER ACCOUNTS2.1 Creating and Safeguarding your Account. To use certain of the Services, you may need to create an account (“Account”). You agree to provide us with accurate, complete and updated information for your Account. You can access, edit and update your Account on the App by tapping your profile photo on the top right corner and clicking “edit profile,” and on the desktop version of the App by clicking your profile photo on the top left corner and clicking “edit,” then “settings,” then “edit profile.” You are solely responsible for any activity on your Account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your Account. You must immediately notify us at email@example.com if you know or have any reason to suspect that your Account or password have been stolen, misappropriated or otherwise compromised, or in case of any actual or suspected unauthorized use of your Account.
- (4) RIGHTS WE GRANT YOU4.1 License Grant. Subject to your compliance with these Terms, Miracles hereby grants to you, a personal, worldwide, royalty-free, non-assignable, non-sublicensable, non-transferrable, and non-exclusive (i) right to access and use the Services, and (ii) license to download, install and execute the App on your personal mobile device. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by us, in the manner permitted by these Terms and subject to the use restrictions described below. Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Service or other actions that Miracles, in its sole discretion, may elect to take.4.2 Restrictions On Your Use of the Services. You may not do any of the following, unless applicable laws or regulations prohibit these restrictions or you have our written permission to do so:(a) download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Services;
(b) duplicate, decompile, reverse engineer, disassemble or decode the Services (including any underlying idea or algorithm), or attempt to do any of the same;
(c) use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Services;
(d) use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Services;
(e) exploit the Services for any commercial purpose, including without limitation communicating or facilitating any commercial advertisement or solicitation;
(f) access or use the Services in any manner that could disable, overburden, damage, disrupt or impair the Services or interfere with any other party’s access to or use of the Services or use any device, software or routine that causes the same;
(g) attempt to gain unauthorized access to, interfere with, damage or disrupt the Services, accounts registered to other users, or the computer systems or networks connected to the Services;
(h) circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Services;
(i) use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Services to monitor, extract, copy or collect information or data from or through the Services, or engage in any manual process to do the same;
(j) introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems;
(k) use the Services for illegal, harassing, unethical, or disruptive purposes;
(l) violate any applicable law or regulation in connection with your access to or use of the Services; or
(m) access or use the Services in any way not expressly permitted by these Terms.
4.3 Use of the App. You are responsible for providing the mobile device, wireless service plan, software, Internet connections and/or other equipment or services that you need to download, install and use the App. We do not guarantee that the App can be accessed and used on any particular device or with any particular service plan. We do not guarantee that the App or will be available in, or that orders for Products can be placed from, any particular geographic location. As part of the Services and to update you regarding the status of deliveries, you may receive push notifications, local client notifications, text messages, picture messages, alerts, emails or other types of messages directly sent to you in connection with the App (“Push Messages”). You acknowledge that, when you use the App, your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Push Messages. You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Services or through your mobile device’s operating system (with the possible exception of infrequent, important service announcements and administrative messages). Please check with your wireless service provider to determine what fees apply to your access to and use of the App, including your receipt of Push Messages from Miracles. You are solely responsible for any fee, cost or expense that you incur to download, install and/or use the App on your mobile device, including for your receipt of push messages from Miracles.
- (5) OWNERSHIP AND CONTENT5.1 Ownership of the Services. The Services, including their “look and feel” (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under copyright, trademark and other intellectual property laws. You agree that Miracles and/or its licensors own all right, title and interest in and to the Services (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Services and its content, including, without limitation, the exclusive right to create derivative works.5.2 Ownership of Trademarks. Miracles’ name, the MIRACLES FOR KIDS trademark and service mark, Miracles’ logo and all related names, logos, product and service names, designs and slogans are trademarks of Miracles or its affiliates or licensors. Other names, logos, product and service names, designs and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.5.3 Ownership of Feedback. We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Services or in any such Feedback. All Feedback becomes the sole and exclusive property of Miracles, and Miracles may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Miracles any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.
- (6) DONATIONS6.1 Submission of Donations. Our Services include a system to accept donations from you (“Donations”) to our organization. If you wish to submit a Donation, you may be asked to supply certain information relevant to your Donation including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (a) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Donation; and that (b) the information you supply to us in connection with a Donation is true, correct and complete. We reserve the right to refuse or cancel your Donation in our sole discretion for any reason, including if fraud or an unauthorized or illegal transaction is suspected.6.2 Payment. Once you confirm to us through the Services that you wish to proceed with your donation, your transaction will be processed through our payment services providers, which currently are PayPal, Authorize.Net, Blackbaud, Stripe and Greater Giving. By confirming that you wish to proceed with your donation you authorize our payment services providers to request funds from your credit or debit card provider or PayPal account.6.3 Recurring Donations. When you set up a recurring donation you will be scheduling a series of donations to be made on the day of the month that you choose until further notice. You agree that these Terms will apply to each of the donations in that series. By confirming that you wish to proceed with a monthly donation you authorize our payment service providers to request funds from your credit or debit card or PayPal account on the day of each month that you set. To cancel your regular donation please contact us at firstname.lastname@example.org or by phone at 714-730-3040.
6.4 Use of Donations; No Refunds. Unless otherwise mutually agreed in writing by you and Miracles, we will use your donation at our discretion but within our stated charitable objectives. Donations made through the Services are complete and final charitable gifts to Miracles and are not refundable. Miracles is a tax-exempt public charity described in Section 501(c)(3) of the Internal Revenue Code.
- (7) DISCLAIMERS, LIMITATIONS OF LIABILITY AND INDEMNIFICATION7.1 Disclaimers. Your access to and use of the Services are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, Miracles, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors (the “Miracles Entities”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. The Miracles Entities make no warranty or representation and disclaim all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security or reliability of the Services; (b) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services; (c) the operation or compatibility with any other application or any particular system or device; and (d) whether the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis. No advice or information, whether oral or written, obtained from the Miracles Entities or through the Services, will create any warranty or representation not expressly made herein.7.2 Limitations of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE MIRACLES ENTITIES BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES) ARISING OUT OF, RESULTING FROM, BASED ON OR RELATED TO THE WEBSITE OR THESE TERMS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER ARISING FROM CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE OR OTHERWISE) OR ANY OTHER CAUSE OF ACTION, EVEN IF THE MIRACLES ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS (SUCH AS THE STATE OF NEW JERSEY) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IF THE ABOVE EXCLUSION OF DAMAGES IS FOUND TO BE UNLAWFUL, VOID OR UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, THEN THE MIRACLES ENTITIES’ AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED IN ANY MATTER ARISING FROM, RELATED TO OR CONNECTED WITH THE WEBSITE OR THESE TERMS SHALL NOT EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.7.3 Indemnification. By entering into these Terms and accessing or using the Services, you agree that you shall defend, indemnify and hold the Miracles Entities harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) incurred by the Miracles Entities arising out of or in connection with: (a) your violation or breach of any term of these Terms or any applicable law or regulation; (b) your violation of any rights of any third party; (c) your access to or use of the Services; or (d) your negligence or willful misconduct.
- (8) ARBITRATION AND CLASS ACTION WAIVER8.1 Informal Process First. You agree that in the event of any dispute between you and the Miracles Entities, you will first contact Miracles and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action.8.2 Arbitration Agreement and Class Action Waiver. After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of Miracles’ services and/or products, including the Services, will be resolved by arbitration, including threshold questions of arbitrability of the Claim. You and Miracles agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under these Terms will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to these Terms, you and Miracles are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, you and Miracles will have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court and your claim remains on an individual, non-representative and non-class basis.8.3 Costs of Arbitration. Payment for any and all reasonable JAMS filing, administrative and arbitrator fees will be in accordance with the JAMS Rules. If the value of your claim does not exceed $10,000, Miracles will pay for the reasonable filing, administrative and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.
8.4 Opt-Out. You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to email@example.com or to the U.S. mailing address listed in the “How to Contact Us” section of these Terms. The notice must be sent to Miracles within thirty (30) days of your registering to use the Services or agreeing to these Terms, otherwise you shall be bound to arbitrate disputes in accordance with these Terms. If you opt-out of these arbitration provisions, Miracles also will not be bound by them.
9.4 Injunctive Relief. You agree that a breach of these Terms will cause irreparable injury to Miracles for which monetary damages would not be an adequate remedy and Miracles shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
9.5 California Residents. If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
9.6 Export Laws. You agree that you will not export or re-export, directly or indirectly, the Services and/or other information or materials provided by Miracles hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Services may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Services, you represent and warrant that you are not located in any such country or on any such list. You are responsible for and hereby agree to comply at your sole expense with all applicable United States export laws and regulations.
9.7 Miscellaneous. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and the licenses granted hereunder may be assigned by Miracles but may not be assigned by you without the prior express written consent of Miracles. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect. The Services are operated by us in the United States. Those who choose to access the Services from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws. These Terms are governed by the laws of the State of California, without regard to conflict of laws rules, and the proper venue for any disputes arising out of or relating to any of the same will be the arbitration venue set forth in Section 8, or if arbitration does not apply, then the state and federal courts located in Tustin, California.
9.8 How to Contact Us. You may contact us regarding the Services or these Terms at:17848 Sky Park Circle, Suite C, Irvine, California, 92614, by phone at 714-730-3040 or by e-mail at firstname.lastname@example.org.