(Last updated on December 4, 2013)
WYSO information systems, servers, and websites are operated in the United States. If you are located in the European Union, Canada or elsewhere outside of the United States please be aware that any information you provide to us will be collected within the United States. By using these systems, participating in any of our services and/or providing WYSO with your information, you consent to this transfer.
INFORMATION THAT WYSO COLLECTS THROUGH ITS WEBSITE:
WYSO collects the following information:
Personally identifiable information is information that identifies you or could reasonably be used to identify you personally. Providing personally identifiable information is voluntary. You may, however, not be able to use the full functionality of the applicable website if you do not provide certain information. WYSO may collect personally identifiable information that you provide during your use of the website, including, without limitation, your name, home phone number, mobile phone number, physical address, email address, company, title, gender, race and ethnicity. Other examples of personally-identifiable information that may be collected (depending on the applicable WYSO website) include:
Information you provide when you sign up for any services (e.g., WYSO user forums, marketing offers, and e-newsletters) offered on the website; and
Web Server Log Information: WYSO collects non-personally identifiable web log information regarding visitors to its website and each visitor’s activity on the website. This information includes, but is not limited to your IP address, the time and date of your visit(s), the pages you visit, the frequency of your visits and the length of stay on each page, your browser type, and information that identifies any linking or referral web page visited prior and /or subsequent to visiting our website.
WYSO websites are not directed at children and WYSO does not knowingly collect any personally identifiable information from children under thirteen (13) years of age unless the collection complies with the Children’s Online Privacy Protection Act (“COPPA”). If you are under thirteen (13) years of age, do not send any information about yourself to WYSO. If WYSO discovers that a child under the age of 13 has provided WYSO with personally identifiable information not in compliance with COPPA, WYSO will use commercially reasonable efforts to delete that child’s personally identifiable information from its system.
You may have the opportunity to provide us with the personally identifiable information of a friend or another individual (or a friend of yours may provide WYSO personally identifiable information about you). Any personally identifiable information that you supply to WYSO for those activities will not be retained, or used, for other purposes unless otherwise disclosed to you at the time the information is collected.
HOW WYSO USES YOUR INFORMATION COLLECTED THROUGH ITS WEBSITES:
We will use personally identifiable information collected from you for the purpose disclosed at the time the information is collected (e.g., we will collect credit card information to process a contribution or payment and we will collect contact information to use specifically in connection with the purposes stated at the time of collection). We will use personally identifiable information to contact you:
to provide you with requested purchases, information, services or content;
to process a contribution or payment by you;
to allow you to use the services (including, but not limited to, WYSO user forums, marketing offers, and e-newsletters) offered on the website;
POLICY ON THE PRIVACY OF PERSONALLY IDENTIFIABLE INFORMATION GATHERED ELSEWHERE:
WYSO additionally and necessarily gathers certain personally identifiable information from its future, current, and former staff, volunteers and others involved in formal business, contractual, and related relationships with WYSO, such as donors. This may include information that originates prior to those individuals’ relationship with WYSO (such as Social Security Numbers in the case of employees and credit card numbers in the case of donors using a credit card) as well as information that originates during and because of those individuals’ relationship with WYSO (such as employee’s payroll information). WYSO notes the standard of the National Institute of Standards and Technology, which states that “Organizations should minimize the use, collection, and retention of [personally identifiable information] to what is strictly necessary to accomplish their business purpose and mission,” as well as the elements of the Federal Trade Commission’s Fair Information Practice Principles. The specific personally identifiable information gathered by WYSO in the course of its academic and business operations may vary from individual to individual or from year to year based on changing technologies, business requirements, etc., as well as based on relevant differences between individuals such as, e.g., differences between the classifications of employees. However, WYSO undertakes efforts to ensure appropriate treatment of personally identifiable information in accordance with regulations and industry best practices.
Personally identifiable information may be input, viewed, modified, exported, removed, etc. (“accessed”), from WYSO information systems in accordance with WYSO mission and business needs as well as in accordance with appropriate regulatory standards. This information is not accessed except as comports with business needs, such as, for example, WYSO’s need to maintain appropriate personnel information for employees in order to comply with IRS requirements. Each WYSO information system in place is used by a particular office or particular offices in accordance with those office’s specific business needs in the context of WYSO’s collective needs. Pursuant to this, access to WYSO information systems are rooted in the principle of least privilege, indicating that WYSO personnel granted access to personally identifiable information are generally limited to personnel with a legitimate need to access said information. Exceptions may occur in such business-necessary cases as, for example, troubleshooting technical problems, training new users, seasonal or irregular processes such as relate to employee applications, etc. Whenever and wherever possible, deviations from the principle of least privilege are temporary in nature.
We additionally work with third-party vendors and other outsiders who may have direct or indirect access to personally identifiable information, with that access limited to a reasonable degree by the academic or business function served by the third party. In these cases individuals’ personally identifiable information is bound by agreements between us and those third parties. Third parties are frequently involved in the technical administration of information systems housing personally identifiable information, and they may also subcontract with other third parties who thereby inherit access to personally identifiable information. To the degree possible, WYSO takes reasonable steps to ensure the security of personally identifiable information outside its formal scope of authority and responsibility.
WYSO has put in place physical, electronic, and managerial procedures as required by law and as we deem reasonable to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we gather. Due to the changing nature of technology these restrictions and procedures may vary from system to system or year to year.
An example of a regulation that may govern WYSO’s gathering, handling, use, release, etc. of personally identifiable information include the following. Even where the regulations and guidelines named do not strictly bind WYSO, WYSO may seek to voluntarily comply as a form of self-regulation.
PCI-DSS and FACTA — these guidelines and regulations relate to WYSO’s management of credit information of donors, and other individuals who may voluntarily submit credit card information to WYSO for payment purposes.
Questions, comments, or complaints concerning privacy practices in any way related to the privacy of Personally Identifiable Information (PII) gathered by WYSO may be communicated to WYSO@WYSO.org.
YOUR CHOICES REGARDING YOUR PERSONALLY IDENTIFIABLE INFORMATION:
You have the ability at any time to access your personally identifiable information collected by WYSO by contacting us at the email or physical addresses provided in the “Contacting WYSO” section below. You should be aware that it is not always possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons. Other information, such as payment history on file for our staff, may be retained as required by business practices, in accordance with our mission, to comply with appropriate regulation, to provide essential WYSO services, etc.
You may leave WYSO’s website by clicking on certain links on WYSO’s website. Many of these links take you to websites and online content that are not operated by WYSO and are beyond WYSO’s control, including, but not limited to, sites operated by Google and/or third party payment processors. If you “click” on these links, you will be taken to a third party website. WYSO has no control over and is not responsible for the content of any third party sites to which you link. In addition, these other websites have their own privacy policies and practices that may differ from WYSO’s, and we encourage you to review the privacy policies of any other website you visit.
We have put in place physical, electronic, and managerial procedures as required by law and as we deem reasonable to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online. However, we cannot guarantee the security of any information that is disclosed online. We make no warranty regarding the security of any information you transmit to us via this site and you do so at your own risk.
Assignability; Governing Law:
General Usage of the Website:
You agree that you will:
not access, or attempt to access, restricted or registration-required portions of the Website by any means other than the interface provided by WYSO;
use the Website to threaten, harass, intimidate, stalk or otherwise abuse another user;
not transmit, post, send, upload, distribute, submit or otherwise make available any materials or content that violate any law or that constitute false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparagement of WYSO), vulgar, obscene, or pornographic material or material that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by WYSO in its sole discretion);
not transmit, post, send, upload, distribute, submit or otherwise make available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade secret, publicity right, privacy right, copyright or any other intellectual property rights or any other rights of any third party;
not interfere with or disrupt the use and enjoyment of the Website by WYSO or any third party;
not transmit, post, send, upload, distribute, submit or otherwise make available any viruses, Trojan horses or other harmful, disruptive or destructive files or material that interfere with WYSO’s or any third party’s use and enjoyment of the Website and any other software, hardware and data;
not impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Website or to WYSO, including, without limitation, forging any TCP/IP packet header or any part of the header information in any transmission to the Website for any reason;
not transmit, post, send, upload, distribute, submit or otherwise make available through the Website any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services, except in areas, if any, specifically designated for such purposes;
not resell, frame, duplicate, reproduce or otherwise commercially exploit the Website without the prior written agreement of WYSO;
not remove, obscure or alter any proprietary rights notices on the Website or any material obtained from or through the Website; and
not violate any applicable local, state, federal or international law, rule or regulation.
Informational Purpose Only; Responsibility for Content You Provide. The information on the Website, including but not limited to the content posted by you or other users of the Website, is provided for informational purposes only. You acknowledge and agree that you are solely responsible for content you post on the Website and the accuracy of any information you provide via the Website. You acknowledge and agree that we have no knowledge as to ownership of the content you post on the Website or the accuracy of any information you provide via the Website. You agree that we have no liability related to any submission or content contributed or posted by you to the Website. You acknowledge by using the site that all content accessed or posted by you through the site is at your own risk, that you will be solely responsible for damages or losses as a result therefrom and that we have no liability related thereto. You agree that WYSO will not be liable or held responsible in any manner as a result of your communications or interactions with any party found on or through the Website.
Ownership of Content and License of Your Submissions and Postings:
You hereby acknowledge and agree that your relationship with WYSO is not a confidential, fiduciary, or other special relationship, and that your decision to submit any material to WYSO does not place WYSO in a position of trust or any position that is any different from the position held by members of the general public with regard to the material you submit. You hereby waive any moral rights (or “droit moral”) you may have in and to any materials that you submit to WYSO, even if such material is altered or changed in a manner not agreeable to you.
Digital Millennium Copyright Act:
We will respond to allegations of copyright violations in accordance with the Digital Millennium Copyright Act (“DMCA”). The DMCA provides a process for a copyright owner to give notification to an online service provider concerning alleged copyright infringement. When a valid DMCA notification is received, the service provider responds under this process by taking down the offending content. On taking down content under the DMCA, we will take reasonable steps to contact the owner of the removed content so that a counter-notification may be filed. On receiving a valid counter-notification, we generally restore the content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity.
To File A DMCA Notification with Us:
A written notification must be made. This can be done either by fax or written letter (regular mail or courier). Emails will not be accepted unless a prior arrangement has been made. The notification must:
Identify in sufficient detail the copyrighted work that you believe has been infringed upon.
Identify the infringing material that is posted on the Website and that you claim is infringing on your copyright, and provide information reasonably sufficient to locate the item on the Website.
Provide a reasonably sufficient method of contacting you (e.g., your phone number and email address).
(Optional) Provide information sufficient to permit us to notify the user(s) who posted the content that allegedly contains infringing material.
Include the following statement: “I have good faith belief that the use of the copyrighted materials described above and contained on the Website is not authorized by the copyright owner, its agent, or by protection of law.”
Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Sign and date the notification.
Sent the written notification via mail or fax (937-769-1382) to WYSO as follows:
Attn: Office of General Manager
150 E. South College Street
Yellow Springs, OH 45387
Please note: The DMCA provides that you may be liable for damages (including costs and attorney’s fees) if you falsely claim that certain material is infringing your copyrights. We recommend contacting an attorney if you are unsure whether Website material is protected by copyright laws.
To File A DMCA Counter-Notification with Us:
List the Website material that was removed by us, and the location at which the material appeared before it was removed. Please identify the material in sufficient detail for us to identify the material.
Provide your name, address, telephone number and email address (if available).
State that you consent to the jurisdiction of Federal District Court for the judicial district in which you reside.
State that you will accept service of process from the person who provided notification to us of the alleged infringement or an agent of such person.
State the following: “I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
Sign and date the counter-notification.
Sent the written notification via mail or fax (937-769-1382) to WYSO as follows:
Attn: Office of General Manager
150 E. South College Street
Yellow Springs, OH 45387
The content of this Website is subject to change at any time without notice. By accessing or linking to the Website, you assume the risk that the information on the Website may be incomplete, inaccurate, out of date, or may not meet your needs and requirements.
The Website may contain links to third party web sites. These third party web sites may be affiliated with WYSO or unaffiliated. For example, your purchase of certain WYSO merchandize or products may automatically direct you to and be conducted on a third party site hosted and operated by Google. WYSO is not responsible for, and you agree that WYSO will have no liability to you for, the availability, content or performance of any portion of the Internet including other websites to which the Website may be linked or from which a WYSO website may be accessed. The appearance of any link on the Website in no way constitutes an endorsement by WYSO of any third-party products or services.
Disclaimers/Limitations on Liability:
You understand and agree that the Website and all material contained or made available on or through it are provided and made available solely “AS IS”, “AS AVAILABLE”, “WITH ALL FAULTS” and without warranties of any kind, either express or implied, including, without limitation, warranties of title or the implied warranties of merchantability, non-infringement or fitness for a particular purpose or those arising by statute or otherwise at law or from a course of dealing or usage of trade. Some jurisdictions do not permit the exclusion or limitation of implied warranties, so the above exclusion may not apply to you. You many have other rights which vary by jurisdiction. When the implied warranties are not allowed to be excluded in their entirety, you agree that they will be limited to the greatest extent and shortest duration permitted by law.
WYSO makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on the Website. Reference to any third-party product or service does not constitute or imply its endorsement or recommendation by WYSO. To the extent view and opinions are posted on the site, the views and opinions of users or WYSO employees of WYSO’s websites do not necessarily state or reflect those of WYSO.
The Internet is inherently insecure. WYSO expressly disclaims any and all liability, and you agree that WYSO will not be liable to you in any way arising from or related to any damage resulting to any computer or data from any security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, telecommunications failure or any other technical malfunction. You should also be aware that email submissions over the Internet may not be secure, and you should consider this before e-mailing WYSO any information. WYSO makes no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of any WYSO website. A WYSO website may be temporarily unavailable due to maintenance, malfunction of computer equipment or any other reason.