Pediatric Spine Foundation

Pediatric Spine Foundation
Privacy and Data Protection Policy/Web Site Terms of Use

This Policy and Terms of Use (this "Policy") covers treatment by Pediatric Spine Foundation, a Utah nonprofit corporation ("PSF, "we," "our" or "us "), of personal information (as more fully defined below and referred to herein as "Personal Information") that may be collected or submitted when you use PSF's web site (this term includes all online services offered or provided by PSF, which are collectively referred to as the "Web Site") or other services of PSF, including registering for PSF's conferences and meetings. To the extent that you have registered for and are using PSF's Pediatric Spine Registry (the "PSF Registry"), the Terms and Conditions of Use applicable to the PSF Registry are hereby incorporated into this Policy and this Policy should be read in conjunction therewith (provided, however, that, with respect matters pertaining to the PSF Registry, in the event of a conflict between said Terms and Conditions of Use and this Policy, said Terms and Conditions of Use shall control; and provided, further, that with respect to matters pertaining to the Web Site or any other services of PSF, in the event of a conflict between said Terms and Conditions of Use and this Policy, this Policy shall control). PSF acknowledges that you may have privacy and security concerns with respect to the information we collect, use, and disclose to third parties for the purpose of allowing us to offer and provide the Web Site and our services, whether pertaining to or otherwise, so we have provided this Policy to explain, in as clear and plain language as possible, how we collect and use information. You will also find an explanation of certain rights you have (see the "Your Rights" Section) with respect to your Personal Information.

Please read this Policy carefully, before using the Web Site or PSF's services pertaining thereto or otherwise, so you can fully understand our practices in relation to Personal Information, before we begin processing your information. By accessing the Web Site and/or otherwise registering for and/or using PSF's services, you are agreeing to be bound to the terms hereof and all applicable laws and regulations, and you agree that you are responsible for compliance with same. If you do not agree to the terms hereof, you are prohibited from accessing and using the Web Site or any service offered or provided herein or otherwise by PSF.

PSF recognizes principles and requirements of applicable law (including, without limitation, the General Data Protection Regulation ("GDPR") adopted by the European Union) pertaining to privacy of information (collectively, "Privacy Directives"). PSF will, so far as is reasonably practical, comply with applicable Privacy Directives with a view to ensuring that all data is:

  • fairly and lawfully processed;
  • obtained and used solely for specific and clearly stated purposes;
  • adequate, relevant, and not excessive;
  • accurate and up-to-date;
  • not kept for longer than necessary;
  • processed in accordance with your rights;
  • secure; and
  • not transferred to other countries without adequate protection.

A. PRIVACY POLICY

1. What is "Personal Information"

This Policy undertakes to protect the "personal data" or personal information of individuals wherever located and covers many processing activities, including collection, storage, consultation, transfer, and destruction, of this data. "Personal data" means any and all information relating to an identified or identifiable natural person. You can be identified from information such as your name; email address; home, work and/or mobile phone numbers; home and or work addresses; professional designations and titles; driver's license number, and passport number. You may also be identifiable from information such as an online identifier, IP address, unique device ID or cookie.

2. Data Collected by PSF

When using the Web Site, registering for or using PSF' services, including registering to attend PSF conventions, conferences or meetings, you may provide information online, over the telephone, in writing or otherwise in connection with such activities. During these processes, you may share with us personal information about yourself which generally includes contact information (such as name, age, gender, postal address, e-mail address, etc.), demographics pertaining to your trade or profession, professional designations and/or titles and payment information (including credit/debit card information).

Personal Information may also be collected, or your IP address logged, when you visit the Web Site. Such information allows PSF to understand how you use the Web Site in order to improve your experience. Information regarding your computer, your connection to the Web Site (such as your browser type, operating system and platform) and your user history (including, but not limited to, your session information, page errors and the length of your visits to specific pages within the Web Site) may also be collected.

PSF uses cookies to remember certain user information. Cookies are electronic identifiers that are transferred automatically to your computer through your browser that allow our computers to save certain information you provide us and store information about you so we can recognize you when you visit the Web Site in the future. This allows you to avoid logging in more than once, which saves time, and create a customized web site that fits your needs. You may, at any time, disable or refuse to accept cookies by changing the preferences or settings on your web browser. If you choose to disable cookies, you will still be able to use the Web Site. However, you will not be able to fully take advantage of certain automation and other functionality features available.

3. How PSF Uses Personal Information

PSF may use Personal Information you provide for purposes such as:

  • Carrying out a registration made by you;
  • Fulfilling your requests for services (including purchases);
  • Processing payment information when you register for a PSF meeting or otherwise purchase services from PSF;
  • Customizing content and otherwise improving the content and overall look and feel of the Web Site and our services;
  • Contacting you;
  • Conducting research;
  • Emailing advance notice of and/or invitation to events;
  • Sending email to confirm your registration;
  • Looking up and printing your physical badge for a conference, meeting or other event
  • Generating certificates of attendance, credentials, etc. as may be applicable for your event;
  • Tracking attendance at conferences, meetings, events or sessions;
  • Recording and maintaining continuing education information for purposes of awarding and verifying continuing education attendance, participation, qualifications and credits;
  • Providing support services; and
  • Responding to and resolving complaints.

4. How PSF May Share Your Data

It is PSF's policy not to disclose, sell or rent any of your Personal Information to any individual, business, government entity or other outside party except to:

  • provide services you have requested from us;
  • in response to a validly-issued subpoena, court order or other legal process;
  • when necessary to establish or exercise our legal rights or defend against legal action;
  • where you request PSF to do so;
  • share with conference, meeting and event organizers;
  • share with third parties involved in the conference, meeting or event process (e.g., hotel booking companies);
  • potentially share with exhibitors at the event (e.g., through badge scanning onsite);
  • allow event exhibitors to send you email/direct mail to the extent you so authorize;
  • allow other attendees to contact you if you sign up for communications.

PSF may also use return e-mail addresses to answer e-mail we receive from you. Such addresses are not used for any other purpose.

Once your data has been shared with a third party, PSF no longer has direct control over that information, but we require our contractors and others who help us provide the Web Site and services to agree to follow applicable Privacy Directives.

Your personal information will not be collected for use that is in violation of the law or unrelated to that discussed in this policy.

5. Your Rights

We recognize that all personal information you submit to PSF belongs to you, and that we use your data only with your permission. You have the following specific rights:

  • Informed: We will tell you exactly how we use your data in clear, plain language.
  • Consent: PSF will not store or use your data without your consent. If we get your data from a membership organization or another source, we will ensure through a contract that they are also compliant with GDPR consent regulations.
  • Access and Portability: View and download all personal data PSF may store.
  • Modification: Request corrections, changes or updates to any personal data PSF stores.
  • Erasure: Request that PSF purge all personal identifying information at any time.

If you have any complaints on our processing of your Personal Information or if you believe that we have breached our own privacy policies or applicable law, we encourage you to contact us. However, please note that applicable EU data protection laws provide you with a right to lodge a complaint with the competent supervisory authority as well; however, we ask that you please attempt to resolve any issues with us first.

6. How We Protect Personal Information/Data Securitya

This Policy reflects a comprehensive approach to privacy and data security that complies with applicable Privacy Directives and generally accepted best business practices.

Specific privacy and data security measures include the following:

  • No sensitive personal information such as credit card numbers, bank account numbers, passport, and social security numbers, is stored on PSF's servers.
  • PSF follows generally accepted best practices for secure software development.
  • All data is stored on physically secure hardware.
  • Personal data is secured behind network firewalls and access requires login credentials.
  • All data processed through web sites is encrypted in transit.
  • In the unlikely event of a data breach, PSF has policies in place to promptly notify affected parties.
  • Data security is regularly audited by third parties.

7. Right of Access

Should you wish to view, modify, or erase your data, you can make that request by sending an email to info@Pediatricspine.org.

8. Third Party Web Sites

To the extent that the Web Site contains links to other, third-party web sites, we encourage you to take reasonable precautions when sharing your Personal Information on third party web sites. Please be aware that we have no control over the content and practices of such other sites and cannot accept responsibility for their respective privacy or use policies.

B. TERMS OF USE

1. Use License/Ownership

Permission is granted to temporarily download one copy of the web site content which we make available to web site users on the Web Site (the "Web Site Content") for individual, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not (a) modify or copy the Web Site Content; (b) use the Web Site Content for any commercial purpose, or for any public display (commercial or non-commercial); (c) attempt to decompile or reverse engineer any software contained on the Web Site; (d) remove any copyright or other proprietary notations from the materials; or (e) transfer the materials to another person or "mirror" the materials on any other server.

The Web Site is our proprietary property and all source code, databases, functionality, software, web site designs, audio, video, text, photographs, and graphics on the Web Site (collectively, the "Web Site Proprietary Components") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided the Web Site "AS IS" for your information and individual use only. Except as expressly provided in this Policy, no part of the Web Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

2. Disclaimer

The materials on the Web Site are provided on an "as is" basis. PSF makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, we do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on the Web Site or otherwise relating to such materials or on any sites linked to this site.

3. Limitations

In no event shall we or our directors, officers, employees, agents, vendors or suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the Web Site or services, even if we or our authorized representatives have been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

4. Accuracy of materials

The materials appearing on the Web Site could include technical,typographical, photographic or other errors. We do not warrant that any of the materials on the Web Site are accurate, complete or current. We may make changes to the materials contained on the Web Site at any time without notice. However, we do not make any commitment to update the materials.

5. Interruptions

We cannot guarantee the Web Site and services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to our web site and/or services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the web site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Web Site during any downtime or discontinuance of the Web Site. Nothing in this Policy will be construed to obligate us to maintain and support the Web Site or to supply any corrections, updates, or releases in connection there with.

6. Electronic Communications, Transactions and Signatures

Visiting our web site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

7. Term and Termination

The terms of this Policy shall remain in full force and effect with respect to you and PSF while you use PSF's web site and/or using its services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEB SITE OR DELETE ANY CONTENT OR INFORMATION PERTAINING TO YOU AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. In addition to terminating or suspending your use, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

C. MISCELLANOUS

1. Changes to This Policy

As stated above, we may, from time to time, change this Policy. We encourage you to visit and review this Policy frequently to stay informed. Other changes, including amendments made to the Policy to comply with legal requirements, will become effective immediately upon their initial posting.

2. Indemnification

You agree to defend, indemnify, and hold us harmless, including our affiliates, and all of our respective directors officers, agents, contractors, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (a) your use of the Web Site or any of our services, whether within the web site or otherwise; (b) breach of the terms of this Policy; (c) your violation of the rights of any third party, including but not limited to intellectual property rights; or (d) any harmful act toward PSF or any other user of the Web Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

3. Governing Law

This Policy is governed by and construed in accordance with the laws of Utahand you irrevocably submit to the exclusive jurisdiction of the courts in Wisconsin having jurisdiction over PSF's principal office in Milwaukee, Wisconsin.

4. How to Contact PSF

If you have any concerns or questions with respect to any matter covered by this Policy, you may contact us at the following address:

E-mail: info@Pediatricspine.org

Street Address: PO Box 397, Valley Forge, PA 19481

Last updated: 12/20/2021