While you are visiting the Sites, Komen may collect two types of information about users: “Personal Information” (such as name, email address, mailing address, phone, credit card or debit card, personal preferences and other account-related information) and “Aggregate Information” (such as information about how many users log on to the Sites on a daily basis).
Personal Information is collected online when you voluntarily submit non-public personal information on the Sites by requesting information, purchasing our products, signing up for an account or other Services, receiving electronic notices or other similar communications and other similar activities.
Aggregate Information is non-personally identifiable/anonymous information about you, such as pages most frequently accessed by you, time spent on a page or area of the Sites, the number of visits to the Sites by you, types of browser used by you, cookie preferences or search terms entered by you. Aggregate Information is used in a collective manner, and no single person can be identified by that compiled information (for example, the number of people who logged into the Sites in a particular day). Aggregate Information does not personally identify a specific user.
Personal Information That You Provide to Us
We may obtain Personal Information about you ONLY if you elect to give us that information. Types of Personal Information may include the following:
- Zip code
- Telephone number
- E-mail address
- Credit card number and expiration date (for online purchases or donations)
- Name of organization (where applicable)
- Breast cancer survivor or relationship to a breast cancer survivor
We may request Personal Information, such as your user name or password, whenever you log in to your account and may in limited circumstances ask you to provide credit card information and other personal information when purchasing goods that are offered for sale on our Promise Shop or when making a donation online. We reserve the right to request any additional information necessary to establish and maintain your account. Generally, our uses of Personal Information collected online include, without limitation, responding to your inquiry about volunteering time to Komen, enabling you to make a donation, purchasing a product from the Promise Shop, or providing information, such as sending marketing communications and newsletters.
Komen will retain your Personal Information for fulfillment of the intended purposes for which such Personal Information is collected. Komen will establish minimum and maximum retention periods based upon the type of information collected (i.e., sensitivity), the intended purposes and as otherwise may be legally required.
Aggregate Information Collected Automatically
When you visit the Sites, we automatically collect Aggregate Information about your visit. We can tell the type of computer, browser, and web service that you are using. We also know the date, time, and pages that you visit. Collecting this information helps us design the Sites to enhance your experience while on our Sites.
The Sites also may use other technologies to track the specific pages viewed by visitors on the Sites or to target specific content that might be of interest to you. These technologies help us to understand how visitors use the Sites. However, you will have the option to opt out (or opt on if applicable law requires) of receiving such targeted content on those pages of our Sites where this technology is used.
Komen may need to share Personal Information with third parties in limited circumstances. For example, we may release Personal Information to third parties to perform services such as advising you of our upcoming events, products, volunteer opportunities, fundraising and partner-related product opportunities benefiting Komen, breast health/breast cancer information or processing credit card payments or hosting the Sites (and/or features available on the Sites). However, such third parties are obligated to maintain the confidentiality of Personal Information and are not authorized to use Personal Information for any purpose other than providing those services.
From time to time, we may be required to provide Personal Information or Aggregate Information in response to a valid court order, subpoena, government investigation, or as otherwise required by law, or if we reasonably believe that you have committed unlawful acts or acts that may endanger the health or safety of another user or the general public. We also reserve the right to report to law enforcement agencies any activities that we, in good faith, believe to be unlawful. We may release certain personal information when we believe that such release is reasonably necessary to protect the rights, property, and safety of others and ourselves.
We also reserve the right to share, assign or transfer your Personal information to any of our Affiliates or any successor in interest to our organization by merger, reorganization, or operation of law.
In addition, Komen may make your name and postal address available to other non-profit organizations whose services or activities may be of interest to you.
Komen may make your name and postal address available to other nonprofit organizations whose services or activities may be of interest to you. If you would like to opt out of having Komen share your name and postal address with those organizations, please click here : Opt Out. Please include your full name and mailing address in the email.
If your Personal Information is currently being used by Komen or its Affiliates to send you marketing communications, you can opt out at any time. All marketing e-mail communications from Komen tell you how to stop receiving them; however, to opt out of receiving marketing communications from Komen
1. E-mail our Privacy Manager ; or
2. Follow directions on a marketing e-mail communication from us; or
3. Send a request to: Susan G. Komen, 13770 Noel Road, Suite 801889, Dallas, TX 75380, Attn: Legal.
Komen has made available the public forums on the Sites so that you may have an opportunity to interact with other Site visitors in order to share knowledge and news or participate in fundraising events benefiting Komen and its Affiliates. Since participation in such forums is voluntary, you control what personal information may be disclosed to others. In order to avoid your email address or other personal information from being gathered and used by others for unsolicited, inappropriate or harmful purposes, Komen advises that you should be cautious about posting your email address or phone number or other personal information to newsgroups, blogs, message boards, or other public forums. In addition, access to Personal Information contained in your account is protected by use of a password so keep your password private and secure.
How can I UPDATE or CHANGE my information?
Komen wants your account (including without limitation, your Personal Information and preferences) to be accurate and complete. To update or change your Personal Information, visit our user login page and log on to your own account. You can update your Personal Information after logging in to your account. You also can send your updated Personal Information by mail (or a written request for a hard-copy of your Personal Information in your account) to: Susan G. Komen, 13770 Noel Road, Suite 801889, Dallas, TX 75380, Attn: Legal.
Komen is committed to properly securing the Personal Information collected online. To help us accomplish this, we take the following steps:
- We employ internal access controls to ensure that the only people who see your information are those with a need to do so to perform their official duties.
- We train relevant personnel on our privacy and security measures.
- We physically secure the areas where we hold hard copies of the information that we collect online.
- We regularly back up the information that we collect online to insure against loss.
- We use technical controls to secure the information that we collect online as appropriate, including but not limited to: Secure Socket Layer (SSL), encryption, firewalls, and password protections.
- We periodically test our security procedures to ensure personnel and technical compliance.
Does Komen collect information from CHILDREN?
Since the Sites are not designed specifically for children, Komen does not intentionally collect Personal Information from children under the age of 13. If we discover that we have inadvertently collected Personal Information from a person under the age of 13, we will automatically delete it.
If you elect to use any features of the Sites (such as “Tell A Friend”) to inform a friend about the Sites or solicit donations or pledges or otherwise communicate, Komen may ask for your friend’s name and email address. The Sites may automatically send the friend a one-time email inviting them to visit the Sites or otherwise provide the information requested by you. Komen will store this information for the sole purpose of sending this one-time email. Your friend may contact Komen to request the removal of this information from our databases.
How does Komen protect the information that I may provide by telephone or regular mail or in person?
Susan G. Komen, 13770 Noel Road, Suite 801889, Dallas, TX 75380, Attn: Legal.
Phone: 1-877 GO KOMEN (1.877.465.6636)
Fax: (972) 855-4301
Komen was founded on one promise made between two sisters. Komen is committed to saving lives and ending breast cancer forever by empowering people, ensuring quality care for all and energizing science to find the cures (the “Promise”). The Sites are designed, and all uses of the Sites are intended, to be in furtherance of the Promise.
You acknowledge that the materials on the Sites are provided “as is” for general information only and without warranties of any kind. The materials on the Sites are not meant to be used for self-diagnosis or to replace the services of a medical professional. While Komen endeavors to keep the materials on the Sites current, healthcare information changes rapidly and thus, the materials on the Sites should not be relied upon to be fully comprehensive or error free. Komen does not recommend, endorse or make any warranties or representations of any kind with regard to the accuracy, completeness, timeliness, quality, efficacy or non-infringement of any of the programs, materials, products or other information provided on the Sites or by the companies or organizations linked or referred to in the Sites. The Sites do not offer medical advice or recommendations to individuals and you should not rely on the information posted on the Sites as a substitute for consultations with qualified health care professionals who are familiar with individual medical conditions and needs. Komen does not advocate that you attempt to treat yourself, your family or someone you know without proper medical supervision. Komen encourages you to seek the guidance of your healthcare provider if you feel that you, your family or someone that you know suffers from the conditions described on the Sites.
In certain instances Komen permits third parties to provide testimonials and information, and in certain situations, create personal home pages for fundraising purposes in furtherance of the Promise. Komen may from time to time post articles and other information provided by third parties that might be of interest or benefit to the public. You acknowledge that the opinions and recommendations of third parties contained on the Sites are not necessarily those of Komen or endorsed by Komen.
Restrictions on Use of Materials
Komen may choose to acknowledge certain persons and companies who have provided donations or sponsorships in furtherance of the Promise. Such acknowledgement may be in the form of recognition on the Sites by use of such persons or companies’ own names or marks and/or links to such person or companies’ own websites. However, Komen does not solicit or permit the purchase or use of advertisements or commercial endorsements on the Sites by any person or company (including, without limitation, its sponsors and donors). If you choose to click on the links to any of our sponsors’ websites or otherwise engage in any correspondence or business dealings with or other purchase of products or services from any of our sponsors, you do so on your own initiative and you agree that Komen is not responsible or liable for any loss or damages of any sort incurred as a result of any such dealings or as a result of the acknowledgement of or links to such sponsors in conjunction with the Sites.
Links To Other Sites; Link Agreement
Komen may provide links to other Internet sites or resources. Komen likewise may permit others to post on certain public forums links to other Internet sites or resources. The information provided to you in such links are provided solely for your interactive enjoyment. The results are not guaranteed to be accurate and are in no way endorsed, offered or guaranteed by Komen.
Links to the Sites are permitted by Komen only in accordance with Komen’s Link Agreement. You should be aware that links to the Sites may be provided from other sites, either known or unknown to Komen, and some links to the Sites may be unauthorized, and accessing any other site linked to or from the Sites is done at your own risk. Komen has not reviewed and is not responsible for the content of any third party sites linked to or from the Sites.
You agree that you will hold harmless Komen, its officers, directors, employees, volunteers, licensors and suppliers from all claims arising out of or related to your access or use of, or your inability to access or use, the Sites or other sites to which they are linked. If your use of materials from the Sites results in the need for servicing, repair of equipment or data, you will assume any costs thereof.
Limitation of Liability
Disclaimer of Warranties
THE SITES (INCLUDING WITHOUT LIMITATION ALL SERVICES AND CONTENT) ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” WITHOUT WARRANTY OF ANY KIND AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. There is no warranty, representation or guarantee that the Sites will continuously operate or be error free or that any problems will be corrected, or that any information, software or other material accessible from the Sites is free of viruses, worms, trojan horses or other harmful components. Further, we do not warrant, guarantee, or make any representations regarding the use of, or the results of the use of the Sites either in terms of its compatibility with hardware or other software, its reliability, currentness, or otherwise; and you rely on the Sites solely at your own risk. ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS OF THE PRODUCT FOR A PARTICULAR USE OR PURPOSE, QUALITY, COURSE OF DEALINGS, USAGE OF TRADE, INACCURACY IN CONTENT CAUSED BY OUR FAILURE TO PERFORM WITH REASONABLE CARE, QUIET ENJOYMENT OR NON-INFRINGEMENT ARE HEREBY EXPRESSLY DISCLAIMED.
THE SITES ARE MANAGED IN THE STATE OF TEXAS, UNITED STATES OF AMERICA. KOMEN MAKES NO REPRESENTATION THAT IT OPERATES (OR IS LEGALLY PERMITTED TO OPERATE) IN ALL GEOGRAPHIC AREAS. KOMEN MAKES NO REPRESENTATION THAT THE SITES, SERVICES OR INFORMATION FOUND THROUGH THE SITES OR SERVICES IS APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS, AND ACCESSING THE SITES FROM TERRITORIES WHERE THE CONTENT OF THE SITES IS ILLEGAL IS EXPRESSLY PROHIBITED. IF YOU VIEW THE SITES AND/OR ACCESS THE SERVICES FROM ANY COUNTRY OTHER THAN THE UNITED STATES OF AMERICA, YOU ACKNOWLEDGE THAT YOU ARE DOING SO ON YOUR OWN INITIATIVE AND YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS.
Password Protection. You must have a password to access the Services online via your account. You are responsible for maintaining the secrecy of your password and protecting against unauthorized use of your password. You also are responsible for all activities that occur under your password and user name or your account made by you or others. You will immediately notify Komen if your password is lost, stolen, disclosed to an unauthorized third party or otherwise has been compromised or if there is any other breach of security. You must ensure that you exit from your account at the end of each session. You will be permitted to access only those portions of the Sites for which you have been granted permission to use by Komen.
Account Requirements. In consideration of your use of the Sites and the Services, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by our account activation form; and (ii) maintain and promptly update such account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such account information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Sites or the Services or any portion thereof.
Parental Consent. As part of the account activation process, you must certify that you are 18 years of age or older. If you are under the age of 18, then your parent or legal guardian may establish an account for each minor child who may use the Services. In such event, the parent or legal guardian must certify that he or she is at least 18 years old and that he or she is the parent or legal guardian of the child/children listed on the account. The parent or legal guardian also must provide his or her contact information. By creating an account for a minor, the parent or legal guardian gives your minor child permission to access all of the Sites and the Services. As the legal guardian or parent, it is your responsibility to determine whether any of the Sites and the Services and/or information contained on the Sites is appropriate for the minor child and whether the minor child should participate in any feature of the Sites or Services, including without limitation the message boards, blogs or chatrooms. You should understand that we may disclose any activity under the minor child’s account to the parent or legal guardian.
Posted Content. You may post messages, text, photos, testimonials or other content on the Site via the public forums or your Personal Home Page. Any content submitted to Komen will be treated as non-confidential and non-proprietary, and you authorize Komen and its affiliates and licensees, without compensation to you or others, to copy, reproduce, incorporate, distribute, publicly display or otherwise use such information in furtherance of its operations and the Promise throughout the world in any format or media (whether now know or hereafter created) for the duration of any copyright or other rights in such content, and such permission may not be revoked for any reason. To the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any content posted by you. By posting such content on the Sites, you represent to Komen that you own or have the right to use and permit Komen to use such content in the manner stated above. By way of example and not limitation, if you post a photograph of yourself with others, you need to first obtain permission or a release from the other people appearing in the photograph to use their image on your Personal Home Page, and you need to be the owner or licensee of the copyright in the photograph. You agree not to post any photographs or text that belongs to any person other than yourself or that contains the name, voice or likeness of any person other than yourself unless you first obtain permission to do so from that person. If you identify yourself by name or provide a picture or audio or video recording of yourself on your Personal Home Page, you further authorize Komen and its affiliates and licensees (without compensation to you or others) to reproduce, print, publish and disseminate in any format or media (whether now known or hereafter created) your name, voice and likenesses in furtherance of Komen’s operations and the Promise throughout the world, and any such permission cannot be revoked for any reason.
Availability of Service. Komen reserves the right to establish general practices and limits concerning the Services and user accounts at any time (and may modify such practices and limits at its sole discretion), including without limitation the maximum number of days that your or any third-party’s information, pictures, content or email will be retained and the maximum amount of disk space that will be allotted on Komen’s servers on your behalf. Without limiting the foregoing, you agree that Komen shall have no responsibility or liability for the deletion or failure to deliver or store your Personal Home Page or any other public forum, or any information, pictures, content or email provided by or stored by you on your Personal Homepage or any other public forum, regardless of whether such deletion or failure was due to the established practices or limits of the Services or as a result of error, intentional misconduct, or negligence of Komen. You acknowledge that Komen reserves the right to log off accounts that are inactive for an extended period of time and reserves the right at any time, and from time to time, to modify or discontinue, either temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Komen shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Services.
Acceptable Use Policy for Services & Sites
You will not, and will not allow or authorize others to, use the Services or the Sites to take any actions that: (i) infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation (including those regarding export control); (iii) are defamatory, trade libelous, threatening, harassing, invasive of privacy, stalking, harassment, abusive, tortuous conduct, hateful, discrimination based on race, ethnicity, gender, sex or disability, pornographic or obscene; (iv) interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on Komen or its licensors or suppliers’ infrastructure; (v) involve knowingly distributing viruses, Trojan horses, worms, or other similar harmful or deleterious programming routines; (vi) involve the preparation and/or distribution of “junk mail”, “spam”, “chain letters”, “pyramid schemes” or other deceptive on-line marketing practices or any unsolicited bulk email or unsolicited commercial email or otherwise in a manner that violate the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act of 2003); (vii) would encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international laws or regulations; (viii) involve the unauthorized entry to any machine accessible via the Services or interference with the Sites or any servers or networks connected to the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, or attempt to breach the security of or disrupt Internet communications on the Sites (including without limitation accessing data to which you are not the intended recipient or logging into a server or account for which you are not expressly authorized); (ix) impersonate any person or entity, including, without limitation, one of Komen’s or other’s officers or employees, or falsely state or otherwise misrepresent your affiliation with a person or entity; (x) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Sites; (xi) collect or store personal data about other account users or attempt to gain access to other account users’ accounts or otherwise mine information about other account users or the Sites; (xii) execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Sites’ servers or any data not intended for you; (xiii) attempt to circumvent authentication or security of any content, host, network or account (“cracking”) on or from the Sites; or (xiv) are contrary to Komen’s public image, goodwill, reputation or mission or otherwise not in furtherance of the Promise.
IMPROPER USE OF THE SITES WILL RESULT IN LOSS OF YOUR ACCOUNT ACCESS AND MAY RESULT IN CIVIL AND CRIMINAL LIABILITIES.
Term & Termination
You further agree that the Komen shall not be liable to any third-party for any termination or deactivation of your access to your account(s) or the Sites.
Deactivation of the Sites
Notice of Claims of Intellectual Property Violations
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work or mark or publicity right claimed to have been infringed, or, if you believe that multiple works, marks or publicity rights have been infringed on the Sites, a representative list of such works, marks or publicity rights.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Komen to locate the material.
- Information reasonably sufficient to permit Komen to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Komen’s agent for the notice of any claim of infringement of any copyright or trademark or right of publicity is its General Counsel, who can be reached, as follows:
By mail: Susan G. Komen, 13770 Noel Road, Suite 801889, Dallas, TX 75380, Attn: Legal.
Please provide all of the information requested above. No specific form is required to provide Komen with notifications of possible infringement. However, it will take Komen longer to process your notice if any of this information is not provided, and in some cases, we may not be able to process your notice.
Komen does not knowingly solicit data from children or knowingly market to children. Komen is concerned about the safety of children and their use of the Internet. Therefore, in accordance with the U.S. Childrens’ Online Privacy Protection Act of 1998, it does not knowingly request or solicit personally identifiable information from anyone under the age of 13 without prior verifiable parental consent. In the event that Komen receives actual knowledge that it has collected such personal information without the requisite and verifiable parental consent, Komen will delete that information from the Sites as quickly as is reasonably practical.
Governing Law; Venue; Statute of Limitations
By mail: Susan G. Komen, 13770 Noel Road, Suite 801889, Dallas, TX 75380, Attn: Legal.
Susan G. Komen (“Komen”) does not provide links from its website(s) to external sites except as specified by business or contractual relationships with partners/sponsors and select information providers.
Permission to create a link to any Komen Internet websites (the “Sites”) is granted upon compliance with the conditions described in this Link Agreement. By creating a link to any of the Sites, you agree to be bound by the terms stated in this Link Agreement. Komen reserves the right to change these conditions at any time without prior notice, and compliance with such revised terms is a prerequisite to your continued right to link to the Sites.
Komen expects persons or organizations that link to the Sites to provide factually correct information and to uphold high ethical standards in developing and presenting information. Permission to link to the Sites is limited to: (i) active volunteers or participants in any event sponsored or benefiting Komen or its affiliates; (ii) donors or sponsors with formal affiliations with Komen or its affiliates; (iii) recipients of Komen grants or sponsorships using language outlined in the funding contracts; (iv) organizations actively participating in breast cancer research or education or aid to breast cancer survivors or other activities in fulfillment of Komen’s Promise; (v) community non-profit organizations serving the needs of breast cancer survivors; or (vi) individuals or organizations that, through the approval of Komen, are members of advocacy or grassroots fundraising groups. If you do not fall into any of these categories, please contact Komen prior to linking.
Links may only be established to the homepage of the Sites. Links to any main section page or sub-section within, and/or any featured area of the Sites, are prohibited.
When linking to the Sites, you may use either a text link or a generic pink ribbon graphic of your own design. You must use hypertext only and it must be in the following form: “Susan G. Komen®.” Any variation without written consent from Komen will result in immediate termination of your rights to link to the Sites. Please note that only official sponsors or partners affiliated with Komen who have a written license agreement with Komen may use the official Komen registered pink ribbon logo (or any other Komen trademarks, service marks, logos or slogans) as a link.
When linking to the Sites, you may not create a frame around the information provided from the Sites or represent it differently in any way other than it is presented on the Sites.
When linking to the Sites, you may not state or imply that Komen is endorsing you and/or any of the products or services that you or your organization provides. Additionally, you may not represent that you or your organization has a relationship with Komen or any of the events, products or services that Komen provides unless that relationship is the subject of a written agreement that has been signed by Komen. You must clearly communicate to the public that you are one of the persons or organizations permitted to link (as identified above) by stating that you are a donor or breast cancer survivor or Komen supporter, etc., as applicable.
By linking to the Sites, you acknowledge the following:
- Except for sponsor materials or unless otherwise indicated, Komen holds the copyright to all materials on the Sites. Further, except for trademarks, service marks and logos of its sponsors, or unless otherwise indicated, Komen owns all of the trademarks, service marks and logos (“Marks”) used and displayed on the Sites. Without the express written consent of Komen, you may not copy, reproduce, display, republish, download, post or otherwise use any of the material or Marks from the Sites on your website or on another website. Any use of the Marks requires a separate agreement with Komen and is permitted only subject to, and in accordance with, Komen’s standard branding guidelines and quality control and trademark guidelines and license of use of the Marks.
- Komen assumes no liability or responsibility whatsoever for any content of any website that is linked to the Sites.
- You agree to hold harmless Komen, its officers, directors, employees, volunteers, affiliates and licensors from all claims arising out of or related to your link to, or inability to link to, the Sites. If your link to the Sites results in the need for servicing or repair of equipment or data, you agree to assume any costs thereof.
- Komen reserves the right to terminate any links to the Sites as it deems necessary, with or without cause or warning. If Komen chooses to exercise this right, you will be required to remove your link to the Sites immediately.