Terms & Privacy

Privacy Policy and Conditions of Use

Welcome to the Donor Network West Web site.

Donor Network West is designated by the federal government to serve as the link between organ and tissue donors and individuals awaiting transplantation. Our mission is to save and improve lives through organ and tissue donation. Our headquarters is located at 12667 Alcosta Blvd. Suite 500, San Ramon, CA 94583.

Privacy Policy:
Donor Network West provides this Web site (“the site”) as a public service. Use of the site and associated current or future Web microsites and social networking sites (“the Sites”) are governed by the Terms of Use, set forth below. Donor Network West has created this Privacy Policy to explain why we collect particular information and how we will protect your personal privacy within our website. The following discloses our information gathering and dissemination practices for the website located at the URL www.DonorNetworkWest.org.

In order to fully understand your rights we encourage you to read this Privacy Policy as well as our Terms of Use. Donor Network West reserves the right at any time and without notice to change this Privacy Policy simply by posting such changes on our Sites. Any such change will be effective immediately upon posting.

Because we want to demonstrate our commitment to your privacy, this Privacy Policy notifies you of:

1. What personally identifiable information of yours is collected through the Sites;

2. Who collects such information;

3. How such information is used;

4. With whom your information may be shared;

5. What choices you have regarding collection, use and distribution of your information;

6. What kind of security procedures are in place to protect the loss, misuse or alteration of information under our control; and

7. How you can correct any inaccuracies in your information.

Questions regarding this statement should be directed to the Donor Network West by sending an e-mail to info@Donor Network West.org and reference this Privacy Policy in your subject line.

What Information We Collect and How We Use That Information:

You may use the Sites without submitting any personally identifiable information (e.g., name, e-mail or home address, telephone numbers, etc.). Any personally identifiable information that you submit may be saved in a database, and may be aggregated to generate non-personally identifiable information (i.e., information that cannot be attributed to any given individual). For example, a demographic profile of visitors to the Sites may be generated from the database. Non-personally identifiable information may be used by the Donor Network West for any purpose. You will not receive any communications from us. Personally identifiable information will not be disclosed to any individual or business not affiliated with Donor Network West, except that (1) personally identifiable information may be disclosed when the disclosing party believes in good faith that law or regulation requires such disclosure; and (2) third party contractors may be provided with limited access to personally identifiable information in the course of operating and maintaining the Sites. Access to personally identifiable information by such contractors shall be limited to the information reasonably necessary for them to operate and maintain the Sites. Donor Network West shall obtain agreements from all such contractors to comply with the provisions of this Privacy Policy. We may track your IP address and your browsing activities (including but not limited to traffic patterns, click-stream patterns, search terms entered by users, and the URL of Sites that directed you to the site) but this information will not be associated with any of your personally identifiable information. It may, however, be aggregated to generate non-personally identifiable information, which we may use for any purpose.

Donor Network West obtains personal information on our website in accordance with applicable US data protection legislation. We may obtain personal information about you when you register for our volunteer database or contact us directly. We will use the information you provide to administer access to links on our website, e.g. to determine whether you are eligible to login to the volunteer information site and for what time period. To facilitate this it may be necessary for us to contact you to clarify or obtain further details concerning your request for information or access to our website links.

In some cases and in all cases where required by law or regulation you will be able to update the information that you provide to us either by sending us an e-mail or by updating your profile online where you have established personal profiles with us. Please refer to the specific pages where data is collected for more information.

Donor Network West will not sell, license, transmit or disclose this information outside of Donor Network West unless:

a) expressly authorized by you

b) necessary to enable Donor Network West contractors or agents to perform certain functions for us

c) required or permitted by law

In all cases, we will disclose the information consistent with applicable laws and regulations and we will require the recipient to protect the information and use it only for the purpose it was provided.

By “personally identifiable information,” we mean data that is unique to an individual, such as a name, address, Social Security number, e-mail address, or telephone number. From time to time, we may request personal information from you at our sites in order to deliver requested materials to you, respond to your questions, or deliver a product or service. Any personal information that you may provide via our site will be used solely for the purpose stated on the page where it is collected.

Enrollment in the Donate Life California Registry:

Signing up to volunteer or logging in/signing anywhere on the site are entirely separate from the course of action that involves enrolling in the Donate Life California Registry, which is a confidential database administered by Donate Life California ©, a nonprofit Organ and Tissue Donor Registry dedicated to saving the lives of thousands of Californians awaiting life-saving transplants.

By enrolling in the Donate Life California Registry, individuals 18 years of age and over give legal consent for the recovery of their organs, tissues and eyes for the purposes of transplantation and/or research at the time of their death. Registry information is kept strictly confidential. Please refer to the Donate Life California Web site for more information at https://www.donatelifecalifornia.org/register/.

Use of “Cookies”:
Our Sites may use cookies to enhance your experience while using our Sites. Cookies are pieces of information that some websites transfer to the computer that is browsing that website and are used for record-keeping purposes at many websites. Use of cookies makes Web-surfing easier by performing certain functions such as saving your passwords, your personal preferences regarding your use of the particular website and to make sure you don’t see the same ad repeatedly. Many consider the use of cookies to be an industry standard.

Your browser is probably set to accept cookies. However, if you would prefer not to receive cookies, you can alter the configuration of your browser to refuse cookies. If you choose to have your browser refuse cookies, it is possible that some areas of our Sites will not function properly when you view them.

Security:
Donor Network West has adopted and adheres to stringent security standards designed to protect your personal information at our website against accidental or unauthorized access or disclosure. Among the safeguards that we have developed for our site are administrative, physical and technical barriers that together protect the information stored at this site.

Other Websites:
Our Sites may contain links to other websites. Please note that when you click on one of these links, you are entering another website for which Donor Network West has no responsibility. We encourage you to read the privacy statements on all such Sites as their policies may be different than ours.

Contacting the Websites:
We welcome your comments or questions about our websites and have provided e-mail boxes for that purpose. We will share your comments and questions with our customer service representatives and those employees most capable of addressing your questions and concerns.

Please note that e-mail is a form of non-encrypted Internet communication that may be accessed and viewed by other Internet users without your knowledge and permission while in transit to us. For that reason you may wish to protect your privacy by not using e-mail to communicate information to us that you consider confidential. You may contact us instead via non-cellular telephone at the numbers provided at various locations on our sites.

There are some locations on the Donor Network West Website where we have made special provisions for a more secure environment in which we can exchange information with you. At each of these locations we will provide you with appropriate instructions.

You can e-mail us with questions at: info@dnwest.org

Conditions of Use

1. INTRODUCTION
Donor Network West (“Donor Network West”) operates this website and associated microsites and social networking sites (“the Sites”). The Sites are provided for general information purposes only. The information provided on the Sites is not intended to be used by any individual or entity for diagnosing or treating a health problem or a disease, and is not a substitute for professional or expert medical advice or care. If you have or suspect you may have a health problem, you should consult your health care provider, agency or professional. The Sites should not be treated as a comprehensive source of information, and the information obtained from the Sites should not be treated as medical advice. Before basing a decision on any of the information obtained from the Sites, you should discuss it with your physician, lawyer, religious leader, or other advisor as appropriate. Use of the Sites is governed by the Conditions of Use (“COU”) set forth herein. By accessing the Sites, you accept the Conditions of Use. Donor Network West may change, add or delete any one or more of the COU by posting such changes on the Sites. Privacy issues are discussed in our Privacy Policy, set forth above.

2. CHANGES TO SERVICE

 

Donor Network West may change, modify, add, suspend or discontinue, temporarily or permanently, any aspect of the Sites at any time, including the availability of any feature, database, or content, with or without notice to you. Donor Network West may also impose limits on certain features and services or restrict your access to part or all of the Sites without notice to you. You agree that Donor Network West shall not be liable to you or to any third party for any such change, modification, addition, suspension, discontinuance, limitation, or restriction.

3. DISCLAIMER OF WARRANTIES
Your use of the Sites and any and all information contained therein or available, directly or indirectly, therefrom, is at your sole risk. The Sites are provided on an “as is” and “as available” basis. Donor Network West expressly disclaims 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.

Donor Network West makes no warranty that (i) the Sites will meet your requirements, (ii) the Sites will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Sites will be accurate, complete, or reliable, or (iv) the quality of any information obtained by you through the Sites will meet your expectations.

Any content or material downloaded or otherwise obtained through the use of the Sites is done at your own discretion and risk and you will be solely responsible for any damage that results therefrom. No advice or information, whether oral or written, obtained by you from Donor Network West or through or from the Sites shall create any warranty not expressly stated in the COU.

4. LIMITATION OF LIABILITY
You expressly understand and agree that Donor Network West shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Donor Network West has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Sites; (ii) physical or emotional injury or distress, or (iii) any other matter relating to the Sites and/or the use of information contained therein or available therefrom at any time. In addition, the aggregate amount of Donor Network West liability under this agreement shall in no event exceed $100 U.S. dollars.

Donor Network West further specifically disclaims liability for unauthorized interception or infiltration of any data that you submit to Donor Network West and for misappropriation of such data by third parties.

5. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, portions of sections 3 and 4 may not apply to you.

6. WAIVER, RELEASE OF LIABILITY AND COVENANT NOT-TO-SUE
In consideration of your being permitted to use the Sites, you, on your own behalf and on behalf of your spouse, heirs, trustees, legal representatives, executors, and assigns, hereby agree to release Donor Network West and its past, present and/or future shareholders, members, managers, partners, trustees, officers, directors, employees, volunteers, consultants, agents, affiliates, administrators, attorneys, successors, and assigns (and their respective past, present and/or future shareholders, members, managers, partners, trustees, officers, directors, employees, consultants, agents, affiliates, administrators, attorneys, successors and assigns) (each, a “Released Party”) from any and all liability for injury, death, damage, cost, expense, and other loss suffered or incurred by you as a direct or indirect result of your use of any information that is, directly or indirectly, available from or through the Sites at any time.

In consideration of your being permitted to use the Sites, you hereby agree that you will not, at any time hereafter, commence, maintain, prosecute, participate in as a party, or permit to be filed by any other person on your behalf, any action or proceeding of any kind, judicial or administrative, in any court or agency against any Released Party with respect to any act, omission, statement, information, transaction, or occurrence that relates, directly or indirectly, to your use of the Sites at any time.

You acknowledge and agree that you understand that you should consult with your personal physician, lawyer, or religious leader, as appropriate, before relying on any information obtained from the Sites. You acknowledge and agree that you are not relying, and will at no time rely, on any Released Party to provide you with medical, legal, or religious advice of any kind (including advice pertaining to your use of the information), or to advise you of the medical risks, legal risks, and religious ramifications associated with your use of the information. You acknowledge and agree that no Released Party will be liable for any information or advice given to you related to your use of the information and that you will not sue any Released Party based on such information or advice.

You acknowledge and agree that the waiver, release, and covenant not-to-sue contained herein is intended to be as broad and inclusive as permitted by the laws of the State of California and agree that if any portion is held invalid, the remainder of this waiver, release, and covenant not-to-sue will continue in full legal force and affect.

7. LINKS
The Sites from time to time may contain links to and from various third party Sites on the Internet. You acknowledge that such third party Sites are completely independent of the Sites and that Donor Network West has no responsibility or liability, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods, or services available on or through any such site. If you have any questions or concerns about such third party Sites, you should contact the site administrator or web-master of the third-party site.

8. ENTIRE AGREEMENT/NO WAIVER/SEVERABILITY
This Agreement and our Privacy Policy constitute the entire agreement between you and Donor Network West with respect to your use of the Sites. Donor Network West’s failure to exercise or enforce any right, provision, or remedy hereunder shall not constitute a waiver of such right, provision, or remedy. If any provision of this Agreement is found by a court of competent  jurisdiction to be invalid, the parties agree that the court should try to give effect to the parties’ intention as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect.

9. CHOICE OF LAW/STATUTE OF LIMITATIONS
This Agreement has been made in and shall be construed and enforced in accordance with the laws of the State of California, without regard to its conflicts of laws provisions. Any action to enforce this agreement shall be brought in the federal or state courts located in the State of California, County of Alameda. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Privacy Policy and Conditions of Use – Revised 06012011