Privacy Policy and Terms of Use
Privacy Policy
Last Updated: June 30, 2020
Celiac Disease Foundation (“CDF”, “we,” “our,” or “us”) is strongly committed to protecting and respecting your privacy rights. This privacy policy (the “Privacy Policy”) relates to the information collection and use practices of CDF in connection with the Proactive Celiac Study pre-screening survey (“Proactive Celiac Study Survey”) that is made available to you through our websites located at survey.proactiveceliac.com and www.proactiveceliac.com (each, a “Website,” and collectively, the “Websites”).
Proactive Celiac Study is a research study sponsored by Provention Bio, Inc. (“Provention”). CDF is administering the Proactive Celiac Study Survey on behalf of Provention pursuant to a Clinical Trial Agreement between Provention and CDF (“Clinical Trial Agreement”).
This Privacy Policy only applies to the Websites, and the Proactive Celiac Study Survey conducted by and forms created by CDF on behalf of Provention that include a link to this Privacy Policy. It does not apply, to any other CDF sites, products or services, or to any Provention sites, products or services.
By accessing and using any of the Websites, you acknowledge that you have read, understood, and agree to be legally bound by this Privacy Policy and the accompanying Terms of Use.
Information We Collect and/or Receive
In the course of administering the Proactive Celiac Study Survey, we will collect and/or receive the following types of information:
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Contact Information In order to determine whether you are eligible to participate in the Proactive Celiac Study, you will have to register on survey.proactiveceliac.com. During the registration process, you will be asked to provide information such as your name, address, email address, and phone number (collectively, the “Contact Information”). You may opt-in to be contacted by CDF via phone or email to refer you to a study site. You may opt-out of being contacted by CDF at any time by emailing us at info@proactiveceliac.com. Should you choose to opt-out, you will no longer be eligible to participate in the Proactive Celiac Study. Once registered, you will need to carefully review and accept the informed consent policy to determine your eligibility to enroll in the study.
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Survey Information When you complete the Proactive Celiac Study Survey, we collect your answers to the questions in the survey.
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Other Information In addition to the Contact Information, and the Survey Information, we may collect or receive the following information (collectively, the “Other Information”):
- From Cookies. We also collect information by using “cookie” technology. Cookies are small packets of data that a website stores on the hard drive of your computer or mobile device to “remember” information about your visit. We may use session cookies (which expire once you close your web browser). If you do not want us to place a cookie on your hard drive, you may be able to turn that feature off on your computer or mobile device. Please consult your Internet browser’s documentation for information on how to do this and how to delete persistent cookies. However, if you decide not to accept cookies from us, the Websites may not function properly and you may not be able to participate in the Proactive Celiac Study Survey.
How We Use and Share the Information
You authorize us to use the Contact Information, the Survey Information, and the Other Information (collectively, the “Information”) to provide you the Websites; respond to your enquiry; solicit your feedback; administer the Proactive Celiac Study Survey; and send you periodic messages about your eligibility to enroll in the Proactive Celiac Study.
You also authorize us to use and/or share the Information as described below.
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We may engage other companies and individuals to perform certain business-related functions on our behalf. Examples may include providing technical assistance. These other companies will have access to the Information only as necessary to perform their functions and to the extent permitted by law. We may also share your Information with any of our parent companies, subsidiaries, or other companies under common control with us.
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We may disclose your personal information to third parties in aggregate form, that is, in a manner that cannot be traced back to you. In these cases, information is only provided after personally identifiable information such as name, address, telephone number, or email address has been removed.
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We will not share, sell and/or disclose your Information to Provention. However, we may share and/or disclose your Information to third-parties who are authorized by Provention to receive your Information such as Provention’s third-party partners who are involved in the Proactive Celiac Study and the sites conducting the Proactive Celiac Study.
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As we develop our businesses, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, the Information may be part of the transferred assets.
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To the extent permitted by law, we may also disclose the Information: (i) when required by law, court order, or other government or law enforcement authority or regulatory agency; or (ii) whenever we believe that disclosing such Information is necessary, to protect the rights, property, or safety of CDF or others.
Children
We are committed to protecting the privacy of children. You should be aware that these Websites are not intended or designed to attract children under the age of 13. We do not knowingly collect personal information from children under the age of 13 through the Websites. If you are under the age of 13, please do not provide any information through the Websites. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce this Privacy Policy by instructing their children to never provide any information on these Websites, or any other web site without their permission. If you have reason to believe that a child under the age of 13 has provided information to CDF through the Websites, please contact us at info@proactiveceliac.com and we will endeavor to delete that information from our databases.
Data Security & Data Retention
We have in place physical and electronic security procedures to protect the Information from loss, misuse and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that the information you supply will not be intercepted while being transmitted to us over the Internet. We will retain your personal information for a reasonable period of time as long as the purpose exists for which the personal information has been collected or longer if required by applicable law.
Links to Third Party Sites
The Websites may, from time to time, contain links to external websites. CDF encourages you to review the privacy and security policies of any externally linked websites that may be accessed through the Websites. CDF assumes no responsibility or liability for the information, collection and disclosure practices of any external websites that a user can access through the Websites. Please check the privacy policies of these external websites before you submit any personal information to them.
Accessing and Modifying Personal Information and Communication Preferences
You may access, review, and make changes to your personal information by emailing us at info@proactiveceliac.com. In addition, you may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of any CDF marketing email. Should you choose to opt-out of receiving period emails about your eligibility to enroll in the Proactive Celiac Study, you will no longer be eligible to participate in the Proactive Celiac Study. We will use commercially reasonable efforts to process such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our subscription databases.
Important Notice to Non-U.S. Residents
The Websites, and their servers are located and operated in the United States. We do not solicit or knowingly collect personal data from individuals in the European Economic Area (EEA), United Kingdom or Switzerland. Individuals in the EEA, United Kingdom and Switzerland who contact us and send us Information voluntarily are advised that the protection of their personal data may be different from data protection in the countries where they reside. They are also advised to consider before they voluntarily send personal data to us that there might not be an independent data protection authority and/or safeguards of the data processing principles and/or safeguards of data subject rights as set forth under the GDPR in the United States, unless such rights are explicitly mentioned in this Privacy Policy. If you are located outside the United States and choose to use the Websites, you do so at your own risk.
Important Notice to California Residents
California requires operators of websites or similar services to make certain disclosures to users who reside in California regarding their rights under California’s Shine the Light law. California law requires that we disclose to users how we treat do-not-track requests.CDF does not monitor, recognize or honor any opt-out or do not track mechanisms including general web browser, “Do Not Track” settings and/or signals.
Privacy Policy Changes
This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. Our Privacy Policy is subject to change from time to time. Any changes to this Privacy Policy will be posted on the Websites as soon as they go into effect. By accessing any of the Websites after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes. Please refer back to this Privacy Policy on a regular basis.
Thank you for taking the time to review our Privacy Policy. If you have any questions about our Privacy Policy, or your dealings with these Websites, you can contact us at info@proactiveceliac.com.
Terms of Use
Last Updated: June 30, 2020
Celiac Disease Foundation (“CDF”, “we,” “our,” or “us”) welcomes you. We provide you access to our websites located at survey.proactiveceliac.com and www.proactiveceliac.com (collectively, the “Websites”) subject to the following terms and conditions of use (the “Terms of Use”), which may be updated by us from time to time without notice to you. By accessing any of the Websites, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to any of these terms, then please do not use the Websites.
Proactive Celiac Study is a research study sponsored by Provention Bio, Inc. (“Provention”). CDF is conducting the Proactive Celiac Study Survey on behalf of Provention pursuant to a Clinical Trial Agreement between Provention and CDF (“Clinical Trial Agreement”).
These Terms of Use only apply to the Websites, and the Proactive Celiac Study Survey conducted by and forms created by CDF on behalf of Provention that include a link to these Terms of Use. These Terms of Use do not apply, to any other CDF sites, products or services, or to any Provention sites, products or services.
Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.
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Medical Disclaimer
You acknowledge and agree that Provention and CDF do not provide any form of medical care, medical opinion, medical advice, diagnosis, or treatment, and that Provention and CDF do not evaluate the need to seek medical attention, through the Websites, the Proactive Celiac Study Survey and/or the Proactive Celiac Study. The Content (as defined below) of the Websites are for informational purposes only, and the provision of such Content does not create a doctor-patient relationship, and does not constitute a medical opinion, medical advice, or diagnosis or treatment of any particular condition. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. You should always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition. If you think you have a medical emergency, call your doctor or 911 immediately.
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Registration
In order to determine whether you are eligible to participate in the Proactive Celiac Study, you will have to register on survey.proactiveceliac.com. During the registration process, you will be asked to provide information such as your name, address, email address, phone number and create a username and password for your account. You will also be asked to agree to a Consent Statement. You represent and warrant that all registration information you submit is truthful and accurate and you will maintain the accuracy of such information. You are responsible for the confidentiality of your account. Because of the potential for disclosure of personal information, you should not provide your username or password to any unauthorized third party. If you believe that there has been any unauthorized use of your account, you must contact info@proactiveceliac.com immediately.
You may withdraw your user account at any time by contacting info@proactiveceliac.com. When your user account is withdrawn, you will no longer receive correspondence about Proactive Celiac Study and will no longer be eligible to participate in the Proactive Celiac Study. We will keep any data you had submitted prior to withdrawal, but it will no longer be distributed to sites conducting the Proactive Celiac Study or any third parties in accordance with our PrivacyPolicy. Any data that had previously been shared for research purposes cannot be retrieved from such sites and third parties.
Registration is open to individuals between 18 to 70 years of age. If you are under 18 years of age, please do not register.
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Use Of Personal Information
Your use of the Websites and completing the Proactive Celiac Study Survey may involve the transmission to us of certain personal information. Our policies with respect to the collection and use of such personal information are governed according to our Privacy Policy (located at Privacy Policy), which is hereby incorporated by reference.
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Rules of Conduct
By accessing and/or using the Websites, you hereby agree to comply with these rules and that:
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You will comply with all applicable laws in your use of the Websites and will not use the Websites for any unlawful purpose;
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You will not access or use the Websites to collect any market research for a competing business;
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You will not upload, post, e-mail, transmit, or otherwise make available any content that:
- infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
- is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, invasive of another’s privacy, or promotes violence; or
- discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information;
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You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
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You will not decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Websites;
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You will not circumvent, remove, alter, deactivate, degrade, or thwart any of the protections in the Websites;
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You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Websites, directly or indirectly, except for Internet search engines and non-commercial public archives that comply with our robots.txt file;
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You will not use, frame, or utilize framing techniques to enclose any CDF trademark, logo, or other proprietary information (including the images found on the Websites, the content of any text, or the layout/design of any page or form contained on a page) without CDF’s express written consent;
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You will not use meta tags or any other "hidden text" utilizing a CDF name, trademark, or product name without CDF’s express written consent;
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You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;
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You will not interfere with or attempt to interrupt the proper operation of the Websites through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Websites through hacking, password or data mining, or any other means; and
If you find something that violates this Rules of Conduct section, please let us know, and we’ll review it. We reserve the right, in our sole and absolute discretion, to deny you access to the Websites, or any portion of the Websites, without notice, and to remove any comments that do not adhere to these guidelines.
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Intellectual Property
The Websites contain materials, such as software, text, graphics, images, sound recordings, audiovisual works, and other materials provided by or on behalf of CDF (collectively referred to as the “Content”). The Content may be owned by us or by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. 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 the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access and/or use the Content and the Websites automatically terminates and you must immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of CDF (“CDF Trademarks”) used and displayed on the Websites are registered and unregistered trademarks or service marks of BMCM. Other company, product, and service names located on the Websites may be trademarks or service marks owned by others (the “Third-Party Trademarks”, and, collectively with the CDF Trademarks, the “Trademarks”). Nothing on the Websites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the CDF Trademarks inures to our benefit.
Elements of the Websites are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
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Communications with Us
Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production and marketing of products and services that incorporate such information.
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No Warranties/Limitation of Liability
THE WEBSITES, AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITES, THE PROACTIVE CELIAC STUDY SURVEY, OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SITE, OR THE CONTENT SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
THE WEBSITES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE SITE. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE SITE AT ANY TIME WITHOUT NOTICE.
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External Sites
The Websites may contain links to third-party websites (“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 materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
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Indemnification
You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your misuse of the Content, or the Websites; and/or (iii) your violation of any third-party right, including without limitation any copyright, trademark, property, or privacy right.
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Termination of the Agreement
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Websites, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Websites at any time without prior notice or liability.
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Miscellaneous
This Agreement is governed by the internal substantive laws of the State of California, without respect to its conflict of laws provisions. Except for proceedings commenced by CDF to protect its intellectual property or confidential information which may be brought in any court of competent jurisdiction, the parties mutually agree that any and all disputes arising hereunder shall be resolved exclusively by state or federal courts located in the State of California. If this Agreement is terminated in accordance with the Termination provision above, such termination shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Intellectual Property,” “No Warranties/Limitation of Liability,” “Indemnification,” “Termination of the Agreement,” and “Miscellaneous.” You may not assign this Agreement. Our failure 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 us 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 us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes 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.
Copyright 2020 Celiac Disease Foundation, Inc. All rights reserved.