This Privacy Policy is provided by Touched By MS, LLC (or "TBMS"), and explains our practices regarding the collection, use, disclosure, and protection of information that apply to our Service, as well as your choices regarding the collection and use of information. Capitalized terms that are not defined in this Privacy Policy have the meaning given them in our Terms of Service. If you do not agree with the data practices described in this Privacy Policy, you should not use the Websites or the Subscription Service.
We periodically update this Privacy Policy. We will post any privacy policy changes on this page and, if the changes are significant, we will provide a more prominent notice by sending you an email notification.
If you have any questions about this Privacy Policy or our treatment of the information you provide us, please write to us by email at legal@touchedbyms.org or by mail to Touched By MS, LLC, 5547 Century Manor Court, San Jose, CA 95111 USA, Attn: Privacy.
Personally Identifiable Information: We collect information that can be used to identify you as an individual (“Personally Identifiable Information”) only when you provide such information directly to us in connection with the Service.
We ask for Personally Identifiable Information such as your name and e-mail address when you register for a Member account with the Service, make a donation on our website, or if you correspond with us (in which case we will also retain our responses). We may also collect demographic information, such as your age, gender, preferences, and interests. If you make a donation through our website, then we will also ask for additional information, such as your credit card number and billing address.
We may receive Personally Identifiable Information about you from third parties, including, for example, information about your transactions, purchase history, or relationships with various product and service providers, and your use of certain applications. For example, if you access our website or Service through a third-party connection or log-in, for example, through Facebook Connect, by linking your account to our service, etc., that third party may pass certain information about your use of its service to us. This information could include, but is not limited to, the user ID associated with your account, any information you have permitted the third party to share with us, and any information you have made public in connection with that service. You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to our website or Service.
We use Personally Identifiable Information to communicate directly with you. We may send you emails containing newsletters, promotions and special offers. If you do not want to receive these marketing communications, you may change your preferences in your user profile settings page. We also use your Personally Identifiable Information to send you Service-related emails (e.g., account verification, donation confirmations and reminders, changes/updates to features of the Service, technical and security notices). You may not opt out of Service-related e-mails.
If you choose to use our invitation service to invite a third party to the Service, we will ask you for that person’s email address and automatically send an email invitation to the invitee. We store this information to send this email, to register the invitee if your invitation is accepted, and to track the success of our invitation service. Unless the invitee becomes a registered user of the Service, we do not use the invitee’s email address for marketing purposes, and do not share the invitee’s email address with third parties other than our service providers or in the event of a corporate transaction or proceeding as described below in Sharing of Your Information. The invitee may contact us at any time to request that we remove his or her information from our database at help@touchedbyms.org.
Non-Personally Identifiable Information: We also collect and use information about your interactions with the Service in a manner and format that does not identify you as an individual (“Non-Personally Identifiable Information”). Generally, we do not combine or associate Non-Personally Identifiable Information with your Personally Identifiable Information. If we do combine Non-Personally Identifiable Information with Personally Identifiable Information, we treat the combined information as Personally Identifiable Information. We may collect, use, and disclose Non-Personally Identifiable Information as set forth below.
Analytics Information: We use third-party analytics tools to help us measure traffic and usage trends for the Service. These tools collect information sent by your browser as part of a web page request, including the web pages you visit, your browser add-ons, your browser’s width and height, and other information that assists us in improving the Service. We collect and use this analytics information in aggregate form such that it cannot reasonably be manipulated to identify any particular individual user.
Cookies Information: When you visit the Service, we may send one or more cookies — a small text file containing a string of alphanumeric characters — to your computer that uniquely identifies your browser and lets us help you log in faster and enhance your navigation through the site. A cookie may also convey information to us about how you use the Service (e.g., the pages you view, the links you click and other actions you take on the Service), and allow us or our business partners to track your usage of the Service over time. A persistent cookie remains on your hard drive after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser’s directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Service may not function properly if the ability to accept cookies is disabled.
Log File Information: Log file information is automatically reported by your browser each time you access a web page. When you use our Service, our servers automatically record certain log file information. These server logs may include anonymous information such as your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, and other such information.
Clear Gifs/Web Beacons Information: When you use the Service, we may employ clear gifs (also known as web beacons), which are used to anonymously track the online usage patterns of our users. In addition, we may also use clear gifs in HTML-based emails sent to our users to track, which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the Service.
We use or may use cookies, log file, and clear gifs information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) provide custom, personalized content and information; (c) monitor the effectiveness of our Service; (d) monitor aggregate metrics such as total number of visitors, traffic, and demographic patterns; (e) diagnose or fix technology problems reported by our Users or engineers that are associated with certain IP addresses; (f) help you efficiently access your information after you sign in; and (h) track User Content and Users to the extent necessary to comply as a service provider with the Digital Millennium Copyright Act; (i) serve Online Advertising (please see below) to your browser or device. For more information on our practices with respect to User Content that you may post to the Service, please visit our Terms of Use. To learn more about cookies, clear gifs/web beacons and related technologies, you may wish to visit the Network Advertising Initiative’s online resources at http://www.networkadvertising.org
Personally Identifiable Information: We will not rent or sell your Personally Identifiable Information to third parties outside Touched By MS and its controlled subsidiaries and affiliates without your consent, except as noted below:
We may share your Personally Identifiable Information with third-party business partners for the purpose of providing the Service to you. Those business partners will be given limited access to the Personally Identifiable Information that is reasonably necessary to deliver the Service, and we will require that such third parties comply with this Privacy Policy.
Any Personally Identifiable Information or content that you voluntarily disclose for posting to the Service, such as User Content, becomes available to the public, as controlled by any applicable privacy settings. To change your privacy settings on the Service, you may contact help@touchedbyms.org. If you remove information that you posted to the Service, copies may remain viewable in cached and archived pages of the Service, or if other Users have copied or saved that information.
Although highly unlikely, we may, at any time, buy or sell/divest the company, or any combination of its products, services, assets and/or businesses. Personally Identifiable Information such as donor names and email addresses, and other user information related to the Service will likely be one of the items transferred in these types of transactions. We may also transfer or assign such information in the course of corporate divestitures, mergers, acquisitions, bankruptcies, dissolutions or similar transactions or proceedings.
TBMS will disclose Personally Identifiable Information where required to do so by law or subpoena or if we reasonably believe that such action is necessary to (a) conform to the law, comply with legal process served on us or our affiliates, or investigate, prevent, or take action regarding suspected or actual illegal activities; (b) to enforce our Terms of Use, take precautions against liability, to investigate and defend ourselves against any claims or allegations, to assist government enforcement agencies, or to protect the security or integrity of our site; and/or (c) to exercise or protect the rights, property, or personal safety of TBMS, our Users or others.
Non-Personally Identifiable Information: We may share Non-Personally Identifiable Information, including information obtained through tools such as cookies, log files, and clear gifs (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with our third-party business partners for the purposes described in the section above on “How We Collect and Use Information.” We may also aggregate or otherwise strip data of all personally identifying characteristics and may share that aggregated, anonymized data with our third-party business partners.
Online Advertising: We may also share Non-Personally Identifiable Information with our business partners to deliver online advertisements (“ads”) that may be of interest to you. TBMS may allow third-party ad servers or ad networks to serve advertisements on the Service. These third-party ad servers or ad networks use technology to send, directly to your browser or mobile device, the ads and ad links that appear on the Service. These ad-servers and ad-networks automatically receive your IP address when this happens. They may also use other technologies (such as cookies, JavaScript, and clear gifs, see above) to compile information about your browser’s or device’s visits and usage patterns on the Service (without using any Personally Identifiable Information), and to measure the effectiveness of their ads and to personalize the advertising content. TBMS does not sell, rent, or share your Personally Identifiable Information with these third-party ad servers or ad networks for such parties’ own marketing purposes, unless you choose in advance to have your information shared for this purpose. However, please note that if an advertiser asks TBMS to show an ad to a certain audience and you respond to such an ad, the advertiser or ad server may conclude that you fit the description of the audience they are trying to reach. In addition, third-party advertisers may use Non-Personally Identifiable information (e.g., information that does not include your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements on this and other websites about third-party goods and services that may be of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, visit http://networkadvertising.org/choices. The TBMS Privacy Policy does not apply to, and we cannot control the activities of, third-party advertisers. Please consult the respective privacy policies of such advertisers or contact such advertisers for more information.
Storage and Processing: Personally Identifiable information collected through the Service may be stored and processed in the United States or any other country in which TBMS or its subsidiaries, affiliates or service providers maintain facilities.
Safeguarding Measures: TBMS uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of all information collected from through the Service. To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to your email communications from TBMS, at all times. Notwithstanding the foregoing measures, TBMS cannot ensure or warrant the security of any information you transmit to TBMS or guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed. Your privacy settings may also be affected by changes to the functionality of TBMS's distributors, such as social networks. TBMS is not responsible for the functionality or security measures of any third party.
Compromise of Information: In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.
Opting Out of Collection of Personally Identifiable Information: You may, of course, decline to submit any Personally Identifiable Information through the Service, in which case we may not be able to provide certain services to you.
Modifying Your Account Information and Settings: You may update your account information and email-communication preferences at any time by logging in to your account and navigating to the user profile page where you can adjust your notification settings, or by e-mailing help@touchedbyms.org. You can also stop receiving promotional email communications from us by clicking on the “unsubscribe link” provided in such communications. We make every effort to promptly process all unsubscribe requests. As noted above, you may not opt out of Service-related communications (e.g., account verification, donation confirmations and reminders, changes/updates to features of the Service, technical and security notices). If you have any questions about reviewing or modifying your account information, you can contact us directly at help@touchedbyms.org.
Opting Out of Collection of Non-Personally Identifiable Information: The only way to completely “opt out” of the collection of any information through cookies or other technology is to actively manage the settings on your browser. Please refer to your browser’s technical information for instructions on how to delete and disable cookies, and other tracking/recording tools. To learn more about cookies, clear gifs/web beacons and related technologies, you may wish to visit the Network Advertising Initiative’s online resources at http://www.networkadvertising.org. Note that disabling cookies on your browser prevents TBMS or its business partners from tracking your browser’s activities in relation to the Service, and for use in targeted online advertising. However, doing so may disable many of the features available through the Service.
Opting Out of Online Advertising: As noted above, we may share Non-Personally-Identifiable Information with our trusted third-party business partners to deliver online advertisements to your browser or mobile device through the Service, and/or to third-party websites and services. If you would like more details about this practice and your choices about how to opt out of the collection and use of your information by these companies for online advertising purposes, click here for Google.
User-Generated Content: Following termination or deactivation of your Member account, TBMS may retain your profile information and User Content for a commercially reasonable time for backup, archival, or audit purposes. Furthermore, we may retain and continue to use indefinitely all information (including User Content) contained in your communications to other Users or posted to public or semi-public areas of the Service after termination or deactivation of your Member account.
We are not responsible for the practices employed by websites or services linked to or from the Service, nor the information or content contained therein. Please remember that when you use a link to go from the Service to another website, our Privacy Policy does not apply to third-party websites or services. Your browsing and interaction on any third-party website or service, including those that have a link on our website, are subject to that third party’s own rules and policies. Please read over those rules and policies before proceeding.
TBMS may, in its sole discretion, modify or update this Privacy Policy from time to time, and so you should review this page periodically. When we change the policy, we will update the ‘last modified’ date at the top of this page. If there are material changes to this Privacy Policy or in how TBMS will use your personally identifiable information, we will notify you either by prominently posting a notice of such changes prior to implementing the change or by directly sending you a notification.
If you have any questions about this Privacy Policy or the Service, please contact us at legal@touchedbyms.org
Touched By MS
5547 Century Manor Court,
San Jose, CA 95111
Attn: Legal Dept.
