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Privacy Policy and Terms of Use

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Privacy

THE PRIVACY POLICY AND TERMS OF USE BELOW GOVERN YOUR USE OF THIS AND ALL OTHER CALIFORNIA WELLNESS FOUNDATION WEBSITES AND ONLINE SERVICES.  The Privacy Policy and Terms of User are mutually incorporated by reference.  Please read both in their entirety.  Your continued use of California Wellness Foundation websites implies your consent and acceptance of both.

Privacy Policy

The policies below are applicable to the website located at www.calwellness.org and any other websites under the control of The California Wellness Foundation (the “Website” or “Websites”), regardless of access method, and includes any interactive features, applications, or downloads.  This policy does not apply to information you (“user” or “users”) submit to The California Wellness Foundation (“we” or “us” or “Cal Wellness” or “Foundation”) offline or to websites maintained by other companies or organizations to which we may link.  Please note that if you apply for a grant, you consent to us using the information submitted in any manner we deem appropriate to review your application.

No Sale, No Trade

Cal Wellness will never sell, trade, or give away your personal information, including email address, without your permission.  We may partner with other organizations to provide information to our users, but in those cases Cal Wellness will manage the process and your personal information will not be shared.  We do make use of third-party tools and vendors to carry out our work; please see below for additional details.

Why We Collect Information

We collect information from you and about you to make our website more responsive to our users’ needs and to help provide you with a better, more personalized experience.  Understanding who uses our Websites, how they use our Websites, and what types of information and services are useful to our users allows us to improve our systems and content.  We also collect information to stay in touch with you and make sure that information like newsletters contains information relevant to you and our other users.  Cal Wellness does not engage in commercial or political activity and will never use your information for those purposes.

What Information We Collect

You may browse most areas of our Website without submitting your personal information or creating an account. However, there may be functionality you wish to access that requires registration or that you supply us with your personal information.  Some common examples include:

  • When you register for an account on the Website;
  • When you sign up to receive e-mail newsletters from us;
  • When you participate in surveys, panels, or research;
  • When you register for and participate in our programs, activities, initiatives, and events;
  • When you request information or assistance;
  • In conjunction with processing your grant applications;
  • In conjunction with your employment inquiries or applications;
  • When you participate with social media accounts involving Cal Wellness properties;
  • When you participate in communities, chat rooms, and other interactive services;
  • In conjunction with any verification of your account information;
  • In conjunction with investigations into any activity that may violate the law or the Website’s terms and conditions;
  • When you communicate with us through the Website;
  • When you provide user-generated content on any part of the Website that permits it; and
  • In conjunction with any other place on the Website where you knowingly volunteer personal information.
  • When you interact with us on any social media platform, that platform likely provides us with your handle or account ID and may give us access to personal information about you based on your privacy settings.

Our servers collect activity logs that include data which does not identify you individually or provide us with your identity.  This data is used to help us customize the site, improve the user experience, for security, and to give us insight into our Website users.  Some examples include:

  • Search terms and results, history of viewed pages, and how you navigate the site;
  • Time and date of access, including how long you spend on each page viewed;
  • Your IP address, location, browser type, language, operating system, device identifiers, and other transactions information;
  • Referring websites (what website did you come from and what website to you go to);
  • We may collect certain demographic data such as age, gender, and five-digit zip code as part of collecting personal information;

Third-Party Tools and Data Sharing

We make use of third-party tools for analysis of how our Websites are used.  We also make use of third-party email management and contact management systems to keep you informed of developments, news, and updates. These third-party tools may use cookies, web beacons, flash cookies, and other methods to track and analyze your use of our websites. You can learn more about how your information is used by visiting their websites:

  • Google Analytics and Google Optimize: https://policies.google.com/technologies/partner-sites & https://policies.google.com/privacy
  • HotJar: We use Hotjar in order to better understand our users’ needs and to optimize this service and experience. Hotjar uses cookies and other technologies to collect data on our users’ behavior and their devices (in particular device's IP address (captured and stored only in anonymized form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), preferred language used to display our website). Hotjar stores this information in a pseudonymized user profile. For further details, please see Hotjar’s privacy policy by clicking on this link. You can opt-out to the creation of a user profile, Hotjar’s storing of data about your usage of our site and Hotjar’s use of tracking cookies on other websites by following this opt-out link.

In some circumstances, we use third-party agents and/or partners to perform specific functions such as marketing our events or providing customer service.  These entities have access to only the personal information needed to perform their specific task (e.g., your email address to send you our newsletter or invite you to an event) and they are contractually obligated to maintain the security and confidentiality of any Cal Wellness data.  In no case are they authorized to use, sell, share, or trade this information unless directed by Cal Wellness.

Third-Party and Cal Wellness Data Combinations

Cal Wellness may combine or merge data about you from multiple sources, including your user of our Websites, information you provide to us through other channels, information we already have about you through other interactions/channels, and information from third-party sources such as government websites, news publications, and other public and non-public databases/sources to which we have access.  Our ability to create a single customer record about you is a critical piece of our customer service strategy, allowing us to provide tailored support and enhance the services we provide.

We do not link our cookies or your IP address to any of your personally identifiable information. We aggregate this information with that of other users and analyze it to improve the Website. We may share or make use of aggregated information; however, this aggregated information does not include any of your personally identifiable information.

General Uses of Collected Information

  • For editorial purposes;
  • Responding to your inquiries;
  • Communicating with you about your account or transactions with us and sending you information about features on our Website or about the Cal Wellness;
  • Communicating with you about changes to our policies;
  • Personalizing content and experiences on our Website, including providing you with recommendations based on your preferences;
  • Sending you newsletters, mailings, and information about programs, initiatives, activities, and events by e-mail or another medium;
  • Processing your grant application or employment application;
  • Event or program registration;
  • Optimizing or improving our programs, services, and operations;
  • Research and development;
  • Verifying your account and account activities;
  • Detecting, investigating, and preventing activities that may violate our policies or be illegal;
  • Performing statistical, demographic, and marketing analyses of users of the Website and their usage patterns; and
  • Managing our organization

Uses of Information for Compliance

Cal Wellness may use or disclose your personal information: if required by law; if we have a good faith belief that disclosure is necessary to comply with applicable law, regulation, or legal process; under lawful request from law enforcement personnel; to protect our Websites, property, staff, the public, or users from harm; to protect or enforce our rights under our Terms of Use or Privacy Policy; or, in an emergency situation.

How We Use Cookies

We use cookies to track the use of our Websites and related online services. We may also use cookies (including web beacons and flash cookies) to monitor use of our Websites, as described elsewhere in this Privacy Policy. Our Website is functional without cookies, so you may set your browser settings to accept or decline cookies. For additional information about cookies, including how to disable them, you can visit www.allaboutcookies.org or http://www.whatarecookies.com/.

Security – No Absolute Safeguard

Although we will use reasonable efforts to safeguard the privacy of your information, transmissions on the Internet cannot be made absolutely secure. Accordingly, we assume no responsibility or liability for disclosure of your information (personally identifiable or otherwise) due to errors in transmission, unauthorized third-party access or other causes beyond our reasonable control.

Please remember that any information you share in public areas, such as message boards or feedback sections, becomes public, and therefore this Privacy Policy does not apply to any information you choose to make public. Please be careful about what you disclose, and do not post any personal information that you expect to keep private.

Children

We will not knowingly collect personally identifiable information from children under the age of 13. If you are under the age of 13, please note that our Terms of Use explicitly bar your submission of personal information and/or the use of our online services. Users under the age of 13 are permitted to browse the Website for informational purposes.

Personal Information Under the General Data Protection Regulation

The General Data Protection Regulation (“GDPR”) is a European Regulation concerning the use and processing of personal information. Although located in the United States, Cal Wellness is committed to processing your information in compliance with the GDPR. Cal Wellness will make commercially reasonable efforts to securely process and store personal information as specified under the GDPR.

Cal Wellness has a legitimate interest in collecting and using your information. We are committed to

protecting and improving the health and wellness of the people of California by increasing access to health care, quality education, good jobs, healthy environments and safe neighborhoods. Pursuing our goals is not in conflict with your rights, and our use of your information is to improve our services and provide you with the information you desire. This provides us with a lawful purpose to use your information.

Cal Wellness is based in the United States and is subject to the laws of the United States.  Use of our Website and/or submission of personal and/or personally identifiable information means that you consent to the this Privacy Policy and to the storage and transfer of that information to/from the United States.

We will use reasonable efforts to ensure that any third-party services we utilize adhere to the GDPR.

We will use reasonable efforts to provide you:

  • Access to your personal information;
  • Correction of the personal information that we hold;
  • Deletion of your personal information;
  • A restriction of processing of your personal information;
  • Transfer of your personal information to another party; or
  • The ability to tell us about your specific, particular situation and why you want us to not store or process data about you, even if we have that right as a legitimate business purpose.

Correct / Update Personal Information

If you would like to review, update, change or delete information that we have collected from you, or change your contact preferences, please send an e-mail to info(at)calwellness.org or write to:

The California Wellness Foundation
ATTN: Privacy / Public Affairs
515 S Flower St, Ste 1100
Los Angeles, CA 90071

Please note that changes may not be effective immediately.

Contact Us

Please contact us with any questions or comments regarding our privacy policy:
The California Wellness Foundation
ATTN: Privacy / Public Affairs
515 S Flower St, Ste 1100
Los Angeles, CA 90071
Tel: (818) 702-1900
E-mail: info(at)calwellness.org

Effective Date and Changes

This privacy policy is effective as of October 19, 2018.  We reserve the right to change or amend this Privacy Policy at any time, without notice. Your continued use of our Website means you accept those changes.

 

Terms of Use

The Terms of Use (“Terms”) below are applicable to the website located at www.calwellness.org and any other websites under the control of The California Wellness Foundation (the “Website” or “Websites”), regardless of access method, and includes any interactive features, applications, or downloads.  This Website is deigned to serve as an information resource for parties interested in the California Wellness Foundation (“Cal Wellness” or “us” or “we”).  These Terms govern your use of the Website, and by using or visiting our Website, you agree to be bound by these Terms.  We reserve the right to change these Terms at any time, effective immediately upon posting. Please check this page periodically for changes.

Political Activity

As a 501(c)(3), Cal Wellness, a private foundation, is prohibited (with very limited exceptions) from lobbying activity, conducting or supporting legislation or ballot measures, or supporting or opposing any candidate for public office.  These restrictions apply to events sponsored by Cal Wellness and to our Websites, including discussions, blogs, user comments, or any other submissions you may make to our Websites.  We prohibit users from using our Websites or online services to lobby or support or oppose any legislation, candidate, or ballot measure.

Intellectual Property

All content and materials on the Websites (“Content”) is owned by Cal Wellness, its licensors, and/or its Content providers.  All Content is protected by rights of publicity, copyright, trademark, trade secret, and/or proprietary rights and laws.  Unless explicitly authorized, you may not sell, license, rent, modify, distribute, copy, reproduce, transmit, public display, or create derivative works from the content of our Websites. Notwithstanding the foregoing, if you make any use of our Website with permission or as fair use, you must not remove any copyright, trademark, or proprietary notices from the Content, and you must credit Cal Wellness and provide a link to our Website.

You may not use or link to our Content or Websites to misrepresent or imply that you or any other person or entity, or any product or service, is endorsed, sponsored by, approved by, or affiliated with Cal Wellness without our explicit permission.

Interference with our Websites

You agree that you will not take any action, in our sole discretion, that imposes or may impose an unreasonable load on our infrastructure or interfere (or attempt to interfere) with our Websites and/or our users, to bypass or circumvent our security measures, or to prevent or restrict access to our Websites.

Links to Other Cal Wellness Websites

We may provide links to other Cal Wellness Websites or online services.  Please carefully review the Privacy Policy and Terms of Use of those sites as they may be different from this Website.

Third-Party Links

Our Websites may contain links to third-party websites.  These links are provided solely for your convenience.  We do not own or control any linked third-party websites and make no warranties regarding such linked Web sites, including without limitation, warranties of fitness for a particular purpose, merchantability or non-infringement, or warranties that such linked Web sites will be accessible, secure and error-free, and will not be liable for your use of, or reliance on, any such third-party websites. By merely linking to a third-party website, Cal Wellness neither means sponsors, endorses, approves, sanctions nor recommends such linked Web site, or any information, material, views, opinions, products or services posted, offered or advertised on such linked website. You acknowledge that you access and use any linked third-party websites solely at your own risk.

Public Submissions / Blogs / Discussions / Posts / Private Submissions

Please note that all submissions to our Websites, whether in a public or private area, immediately become the property of Cal Wellness, and subject to the control of Cal Wellness, but such submitted data is subject to our Privacy Policy.  Submission to a public area is deemed nonconfidential, and Cal Wellness shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any such submission.  Please consider carefully before making a public posting.

Inappropriate Materials and Submissions

You are prohibited from posting or submitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any other material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law.  We may reject or delete any submission we determine, in our sole discretion, to be such, without notice.  We may also remove any submission we determine, in our sole discretion, violates our Terms.

You acknowledge and accept that we are not liable for submissions by other users or the defamatory offensive, illegal, or inappropriate conduct of any user or third party.  If you have problems with our Website or Content, you should immediately cease accessing our Websites.

Indemnity

You agree to defend, indemnify, and hold Cal Wellness (including, but not limited to our: officers, board/trustees, directors, employees, agents, successors, assigns, and grantees)  harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with your use of our Websites and/or your submission of materials or content to our Websites.

Account Registration and Security

To use certain portions of our Websites, you must register or create an account.  In consideration of such use, you warrant that you will provide accurate, truthful information about yourself, and that you will maintain the information provided.  If you provide inaccurate information or we, in our sole discretion, believe there is a reasonable risk you have, we may close your account and/or restrict access to our Websites.

You are responsible for keeping your password secure and for any use of our Websites that occurs under your username or account.  You agree to notify us immediately if you believe your account with us has been breached or compromised.

Release

If you have a dispute with other users, Cal Wellness grantees, a Content provider, or a third-party provider to Cal Wellness, you release Cal Wellness (including, but not limited to our: officers, board/trustees, directors, employees, agents, successors, assigns, and grantees) from all claims, demands, damages (actual and consequential) of every kind, known or unknown, arising out of or connected with such disputes.

Viruses, Security

Cal Wellness does not assume or accept any responsibility for or liability for any damage or harm caused by any viruses that may infect your computer, any telecommunications failure, or any other problem arising from your access to, use of, or downloading of information from our Websites.

Children

Children under the age of 13 are not authorized to submit any personal information to our Website, through the creation of an account or otherwise, and are not authorized to post any content.  If you are under the age of 13, you should not create an account or submit any public posts. Given the issues we deal with, Cal Wellness does not warrant that our Content will be appropriate for all ages.

Termination

We reserve the right to suspend or terminate your account and/or use of our Websites at any time, for any reason, or for no reason.  We may also block access to our Websites if you breach these Terms, we are unable to authenticate any information you provide to us or we believe that your actions may cause harm, financial loss/liability, or legal loss/liability for us, you, our users, or our partners/grantees.

Force Majeure

We shall not be responsible or liable for damages, direct, indirect, or consequential, due to delay or failures resulting from acts or occurrences beyond our reasonable control.

Disclaimers

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT THAT ACCESS TO THE SITE OR ANY INFORMATION CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR THAT THE INFORMATION CONTAINED ON THE SITE WILL BE TIMELY, ACCURATE, SECURE, ERROR-FREE OR COMPLETE. WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RELATING TO THE SITE OR YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM, RELATING TO OR CONNECTED WITH THE SITE OR THESE TERMS EXCEED THE SUM OF TWENTY-FIVE ($25) US DOLLARS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Venue, Applicable Laws

Any claim relating to, and the use of, our Websites and the Content is governed by the laws of the State of California.  You consent to the exclusive jurisdiction of the state and federal courts located in the city and county of Los Angeles, California.

If any portion of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such portion shall not affect the validity of the remaining portions of these Terms, all of which shall remain in full force and effect. No waiver of any portion of these Terms shall be deemed a further or continuing waiver of such portion or a waiver of any other portion, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Headings are for reference purposes only and in no way define, limit, or describe the scope or extent of any section.

Entire Agreement

These Terms and Conditions are the entire agreement between you and Cal Wellness and supersede any prior understandings or agreements (written or oral).  The Cal Wellness Privacy Policy is incorporate by reference into these Terms.

Copyright Notice

All design elements, text, graphics and arrangements are Copyright © 2009-2019+ by Cal Wellness, all rights reserved.

Contact Information

For questions or to contact Cal Wellness about this Website, you can email or mail or call:
The California Wellness Foundation
ATTN: Public Affairs
515 S Flower St, Ste 1100
Los Angeles, CA 90071
Tel: (818) 702-1900
Email: info(at)calwellness.org

Date

These Terms are as of October 19, 2018.

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