Privacy Policy & Terms of Use

This Privacy Policy and Terms of Use was last updated on July 16, 2012.

 

Our Policy:

Welcome to www.dfa.org (the “Site”). This Site is operated by Diagnostics For All (“DFA”) and has been created to provide information about DFA to our Site visitors (“you”, “your”). This Privacy Policy sets forth DFA’s policy with respect to information including personally identifiable data (“Personal Data”) and other information that is collected from Site visitors.

 

Information We Collect:

When you interact with us through the Site, we may collect Personal Data and other information from you, as further described below:

 

Personal Data That You Provide Through the Site: We collect Personal Data from you when you voluntarily provide such information, such as by registering with us to be contacted by email newsletters or provide us with a donation.

 

Other Information:

Non-Identifiable Data: When you interact with DFA through the Site, we receive and store certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. DFA may store such information itself or such information may be included in databases owned and maintained by DFA affiliates, agents or service providers. This Site may use such information and pool it with other information to track, for example, the total number of visitors to our Site, the number of visitors to each page of our Site, and the domain names of our visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process.

In operating this Site, we may use a technology called "cookies." A cookie is a piece of information that the computer that hosts our Site gives to your browser when you access the Site. Our cookies help provide additional functionality to the Site and help us analyze Site usage more accurately. For instance, our Site may set a cookie on your browser that allows you to access the Site without needing to remember and then enter a password more than once during a visit to the Site. In all cases in which we use cookies, we will not collect Personal Data except with your permission. On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to receive notification when you are receiving a new cookie and how to turn cookies off. We recommend that you leave cookies turned on because they allow you to take advantage of some of the Site’s features.

Aggregated Personal Data: In an ongoing effort to better understand and serve the users of DFA Services, DFA often conducts research on its customer demographics, interests and behavior based on the Personal Data and other information provided to us. This research may be compiled and analyzed on an aggregate basis, and DFA may share this aggregate data with its affiliates, agents and business partners. This aggregate information does not identify you personally. DFA may also disclose aggregated user statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.
 
Our Use of Your Personal Data and Other Information:
DFA uses the Personal Data you provide in a manner that is consistent with this Privacy Policy. If you provide Personal Data for a certain reason, we may use the Personal Data in connection with the reason for which it was provided. For instance, if you register with us to receive email updates, we will use the Personal Data you provide in order to provide you with email updates.  DFA may also use your Personal Data and other personally non-identifiable information collected through the Site to help us improve the content and functionality of the Site and to better understand our users. DFA may use this information to contact you in the future to tell you about services we believe will be of interest to you. If we do so, each communication we send you will contain instructions permitting you to "opt-out" of receiving future communications. In addition, if at any time you wish not to receive any future communications or you wish to have your name deleted from our mailing lists, please contact us as indicated below.

 

Our Disclosure of Your Personal Data and Other Information:

DFA is not in the business of selling your information. We consider this information to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your Personal Data with certain third parties without further notice to you, as set forth below:

 

Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets.

 

Related Companies: We may also share your Personal Data with our Related Companies for purposes consistent with this Privacy Policy.

 

Agents, Consultants and Related Third Parties: DFA, like many businesses, sometimes hires other companies to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases and processing payments. When we employ another company to perform a function of this nature, we only provide them with the information that they need to perform their specific function.

 

Legal Requirements: DFA may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of DFA, (iii) act in urgent circumstances to protect the personal safety of users of the Site or the public, or (iv) protect against legal liability.

 

Your Choices:

You can use the Site without providing any Personal Data. In order to take certain actions on the Site, such as to provide a donation and/or register for email updates, you will need tor provide DFA with certain Personal Data.

 

Exclusions:

This Privacy Policy does not apply to any Personal Data collected by DFA other than Personal Data collected through the Site. This Privacy Policy shall not apply to any unsolicited information you provide to DFA through this Site or through any other means. This includes, but is not limited to, information posted to any public areas of the Site, such as bulletin boards (collectively, “Public Areas”), any ideas for new products or modifications to existing products, and other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential and DFA shall be free to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution.

 

Children:

DFA does not knowingly collect Personal Data from children under the age of 13. If you are under the age of 13, please do not submit any Personal Data through the Site. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Data on this Site without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Data to DFA through this Site, please contact us, and we will endeavor to delete that information from our databases.

 

Links to Other Web Sites:

This Privacy Policy applies only to the Site. This Site may contain links to other web sites not operated or controlled by DFA (the “Third Party Sites”). The policies and procedures we described here do not apply to the Third Party Sites. The links from this Site do not imply that DFA endorses or has reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.

 

Social Media:

Through the Site, you can choose to access certain social media websites and services that are owned and/or controlled by third parties (including, without limitation, Facebook and Twitter) (such websites and services, collectively, the “Social Media Services”). When you elect to access and use the Social Media Services, you will be sharing your information (which will include personal information if you elect to share such information) with those Social Media Services. As with other Third Party Sites, the information that you share with the Social Media Services will be governed by the privacy policies and terms of service of the providers of such Social Media Services and not by the polices and procedures we describe here. You may also be able to modify your privacy settings with these Social Media Services to, for example, control what information the Social Media Services disclose to other entities, including DFA. When you add Social Media Service accounts to DFA Services or log into the Site using your Social Media Services account, we will collect relevant information necessary to enable the Site to access that Social Media Service, however you will provide your login information, like your password, directly to such Social Media Service (and not to DFA). As part of such integration, the Social Media Service will provide DFA with access to certain information that you have provided to such Social Media Service, and we will use, store and disclose such information in accordance with this Privacy Policy and, if and to the extent applicable, the policies of such Social Media Services. However, please remember that the manner in which Social Media Services use, store and disclose your information is governed by the policies of the applicable Social Media Services provider, and, as a result, DFA shall not have any liability or responsibility for the privacy practices or other actions of Social Media Services that may be enabled within and/or otherwise accessible through the Site.

 

Security:

DFA takes reasonable steps to protect the Personal Data provided via the Site from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from this Site may not be secure. Therefore, you should take special care in deciding what information you send to us via e-mail. Please keep this in mind when disclosing any Personal Data to DFA via the Internet.

 

Other Terms and Conditions:

Your access to and use of this Site is subject to the Terms of Use.

 

Changes to DFA's Privacy Policy:

The Site and our business may change from time to time. As a result, at times it may be necessary for DFA to make changes to this Privacy Policy. DFA reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated above. Your continued use of the Site after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.

 

Access to Information; Contacting DFA:

To keep your Personal Data accurate, current, and complete, please contact us as specified below. We will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via this Site.  Please also feel free to contact us if you have any questions about DFA’s Privacy Policy or the information practices of this Site. You may contact us at info@dfa.org.

 

Terms of Use:

Diagnostics For All (herein referred to as “DFA,” “we,” “us” or “our”) provides and makes available this web site located at www.dfa.org (the “Site”) subject to the terms and conditions contained in this Terms of Use Agreement (the “Agreement”).  Please read this Agreement carefully.  By accessing, browsing or otherwise using the Site, you acknowledge that you have read, understood, and agree to be bound by this Agreement.  If you do not accept the terms and conditions of this Agreement, you shall not access, browse or use the Site.

You understand and agree that we may change this Agreement at any time without prior notice.  You may read a current, effective copy of this Agreement at any time by selecting the “Terms of Use” link on the Site.  The revised terms and conditions will become effective at the time of posting unless you are notified otherwise. Any use of the Site after such date shall constitute your acceptance of such revised terms and conditions. If any change to this Agreement is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Site.

 

Use of the Site:

 

Content: This Site contains material, including but not limited to software, text, graphics and images (collectively referred to as the “Content”). We may own the Content or portions of the Content may be made available to us through arrangements that we have with third-parties.  The Content is protected by United States and foreign intellectual property laws.  Unauthorized use of the Content may result in violation of copyright, trademark, and other laws.  You have no rights in or to the Content, and you will not use, copy or display the Content except as permitted under this Agreement.  No other use is permitted without our prior written consent.  You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.  The use or posting of any of the Content on any other web site or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your right to access and/or use the Content and Site shall automatically terminate and you shall immediately destroy any copies you have made of the Content.

 

Trademarks: The trademarks, service marks, and logos of DFA (the “DFA Trademarks”) used and displayed on this Site are registered and unregistered trademarks or service marks of DFA.  Other company, product, and service names located on the Site may be trademarks or service marks owned by third-parties (the “Third-Party Trademarks”, and, collectively with DFA Trademarks, the “Trademarks”).  Nothing on this Site or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Site without the prior written consent of DFA specific for each such use.  The Trademarks may not be used to disparage DFA or the applicable third-party, DFA’s or third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks.  Use of any Trademarks as part of a link to or from any web site is prohibited without DFA’s prior written consent.  All goodwill generated from the use of any DFA Trademark shall inure to DFA’s benefit.

 

DMCA: The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.  If you believe in good faith that materials on the Site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked.  Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA. Notices and counter notices with respect to the Site should be sent to DFA at:

 

By Mail: Jacqueline Klosek

Senior Counsel

Goodwin Procter LLP

620 Eighth Avenue

New York, NY 10018

By Email: jklosek@goodwinprocter.com

 

Feedback: If you give us feedback, suggestions and/or comments about the Site and/or any Content (collectively, the “Feedback”), you acknowledge that you also give to us, without charge, a worldwide, perpetual, royalty-free, non-exclusive right and license to use, share and commercialize your Feedback in any way and for any purpose.  You expressly acknowledge and agree that you will not give Feedback that is subject to a license that requires us to license its software or documentation to third parties because we include your Feedback in them.

 

Third Party Sites: The Site contains links to third-party web sites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites.  The content of such External Sites is developed and provided by others.  You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all web sites to protect your computer from viruses and other destructive programs.  If you decide to access any External Sites, you do so at your own risk.

 

Privacy: Your access to and use of the Site is also subject to DFA’s Privacy Policy, the terms and conditions of which are hereby incorporated herein by reference.

 

Indemnification:  You agree to defend, indemnify, and hold harmless DFA Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your access to, use or misuse of the Content or Site.  DFA shall provide notice to you of any such claim, suit, or proceeding.  DFA reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting DFA’s defense of such matter.

 

Disclaimers:

 

Disclaimer of Warranties: IN NO EVENT DOES DFA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “DFA PARTIES“) MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE SITE AND/OR ITS CONTENT, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY.  NONE OF THE DFA PARTIES SHALL BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE.  YOU AGREE THAT YOU USE THE SITE AND THE CONTENT IS SOLELY AT YOUR OWN RISK. THE DFA PARTIES DO NOT WARRANT THAT THE SITE WILL OPERATE ERROR‑FREE OR THAT THE SITE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO DFA PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS. THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE DFA PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON‑INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

 

No Medical Advice:  THIS SITE DOES NOT PROVIDE MEDICAL ADVICE. ANY INFORMATION, CONTENT AND/OR OTHER MATERIALS YOU ACCESS VIA THIS SITE ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY.  THE INFORMATION YOU OBTAIN FROM THIS SITE MIGHT NOT BE APPROPRIATE FOR YOUR PARTICULAR SITUATION AND/OR MAY BE SUBJECT TO MISINTERPRETATION. DFA ASSUMES NO RESPONSIBILITY FOR HOW YOU USE THE INFORMATION OBTAINED FROM THE SITE.  FOR MEDICAL ADVICE PARTICULAR TO YOUR OWN SITUATION, PLEASE CONSULT WITH YOUR OWN PHYSICIAN.

 

No Implied Endorsements:  In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by DFA of that third party or any party or service provided by a third party.

 

Limitation of Liability: IN NO EVENT SHALL ANY DFA PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH DFA PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you.  IN SUCH STATES, THE LIABILITY OF THE DFA PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

 

Termination of the Agreement: DFA reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site or the Content at any time and for any reason without prior notice or liability. DFA reserves the right to change, suspend, or discontinue all or any part of the Site or the Content at any time without prior notice or liability. The following sections of this Agreement shall survive termination or the Agreement: Feedback; Indemnification; Disclaimer of Warranties; Limitation of Liability; Termination of the Agreement; and Miscellaneous.

 

User Must Comply with Applicable Laws: This Site is made available to you from Cambridge, MA. DFA makes no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States.  If you access the Site or the Content from outside of the United States, you do so at your own risk.  Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

 

Export Compliance: The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws. By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content.

 

Miscellaneous: This Agreement is governed by the internal substantive laws of the Commonwealth of Massachusetts without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting within Suffolk County, Massachusetts. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.   Failure of DFA to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement.  No waiver shall be effective against DFA unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by DFA and you, this Agreement constitutes the entire Agreement between you and DFA with respect to the subject matter, and supercedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter.  The section headings are provided merely for convenience and shall not be given any legal import.   This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.  Any information submitted or provided by you to the Site might be publicly accessible.  Important and private information should be protected by you.  DFA is not liable for protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use.