For purposes of this Agreement, “Service” refers to the Company’s service which can be accessed via our website URL at www.AS360.org or through our mobile application. The terms “we,” “us,” and “our” refer to the Company. “You” refers to you, as a user of Service.
II. INFORMATION WE COLLECT
We may collect both “Non-Personal Information” and “Personal Information” about you. “Non-Personal Information” includes information that cannot be used to personally identify you, such as anonymous usage data, general demographic information we may collect, referring/exit pages and URLs, platform types, preferences you submit and preferences that are generated based on the data you submit and number of clicks. “Personal Information” includes information that can be used to personally identify you, such as your name and email address.
In addition, we may also track information provided to us by your browser or by our mobile application when you view or use the Service, such as the website you came from (known as the “referring URL”), the type of browser you use, the device from which you connected to the Service, the time and date of access, and other information that does not personally identify you. We use this information for, among other things, the operation of the Service, to maintain the quality of the Service, to provide general statistics regarding use of the Service and for other business purposes. We track this information using cookies, or small text files which include an anonymous unique identifier. Cookies are sent to a user’s browser from our servers and are stored on the user’s computer hard drive. Sending a cookie to a user’s browser enables us to collect Non-Personal Information about that user and keep a record of the user’s preferences when utilizing our services, both on an individual and aggregate basis. The Company may use both persistent and session cookies; persistent cookies remain on your computer after you close your session and until you delete them, while session cookies expire when you close your browser. Persistent cookies can be removed by following your Internet browser help file directions. If you choose to disable cookies, some areas of the Service may not work properly or reflect information from your last visit when you return and may need to be re-entered.
III. HOW WE USE AND SHARE INFORMATION
This is a not-for-profit platform. We do not sell, trade, license or otherwise share your Personal Information with third parties without your consent. We may share your Personal Information with our participating providers and partner resources who are performing services for the Company. In general, the providers on our platform only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide for the Company. For example, when you provide us with Personal Information to complete an assessment or to narrow a search for information, you consent to our collecting and using such Personal Information for that specific purpose, including by transmitting such information to our providers performing these services for the Company. You are responsible for ensuring the accuracy of the Personal Information that you submit to the Company.
We may also aggregate de-identified information in order to track trends and analyze service needs in the ASD community.
However, certain third-party service providers, such as payment processors, have their own privacy policies in respect of the information that we are required to provide to them in order to use their services. For these third-party service providers, accessed if you are making a purchase of a book or other resource through our platform, we recommend that you read their privacy policies so that you can understand the manner in which your Personal Information will be handled by such providers.
IV. HOW WE PROTECT INFORMATION
We implement reasonable precautions and follow industry best practices in order to protect your Personal Information and ensure that such Personal Information is not accessed, disclosed, altered or destroyed. However, these measures do not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of such precautions. By using our Service, you acknowledge that you understand and agree to assume these risks.
V. YOUR RIGHTS REGARDING THE USE OF YOUR PERSONAL INFORMATION
VI. WIX and ZOHO
Our Service is hosted by Wix, Inc. (“WIX”) and built on ZOHO, Inc . Wix provides us with the web portal that allows you to access our Service online and allows us to provide the Service to you. ZOHO provides us with an online cloud-based suite of services including a native client relationship management database. Your information, including Personal Information, may be stored through ZOHO’s servers. By using the Service, you consent to ZOHO’s collection and storage of your Personal Information.
VII. LINKS TO OTHER WEBSITES
VIII. AS360 SURVEYS
VIIII. USER COMMUNITY FORUM
In connection with the use of the community forum section of our platform, users are able to connect with other users, post questions, or answers to questions, from other users.
Any information (including Personal Information) you share in any community forum post is by design open to the public and is not private. You should think carefully before posting any personal information in any public forum. What you post can be seen, disclosed, or collected by third parties and may be used by others in ways we cannot control or predict, including to contact you for unauthorized purposes. As with any public forum on any site, the information you post may also show up in third-party search engines.
In addition, Company may use personal information about you for future purposes that are disclosed to you at the time we collect the information and/or with your consent.
X. CALIFORNIA RESIDENTS
If you are a California resident, California law may provide you with additional rights regarding our use of your personal information.
Information we collect. Our platform collects the following categories of information based upon type of user:
A real name(optional), user id, zip code, unique personal identifier (system assigned), Internet Protocol address, email address
zip code, unique personal identifier (system assigned), Internet Protocol address
B. Personal information listed under Cal. Civ. Code § 1798.80(e).
Age range, self-reported medical information regarding autism diagnosis, behaviors, Some personal information included in this category may overlap with other categories.
C. Protected classification characteristics under California or federal law.
Close relative with autism (Y/N).
H. Sensory data
G. Geolocation data.
IP address; Geolocation.
Same as Account Holder
F. Internet or other similar network activity.
Browsing history, search history, information on a consumer's interaction with the website.
Same as Account Holder
E. Biometric Information.
Self-reported behavior assessment data (repetitive behavior, executive functioning).
D. Commercial Information.
Certain information that we collect identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular user or household (“personal information”).
Personal Information does not include:
Publicly available information from government records.
De-identified or aggregated consumer information.
Information included in categories D, E, F, G and K is collected and used in a de-identified and/or aggregated manner.
Information excluded from the CCPA's scope, such as:
health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; or
personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.
Categories of sources from which information is collected.
Directly from you through your AS360 user account or completed assessments
Indirectly from you, such as information we may collect in the course of providing the Services
Directly and indirectly from your activity on our Sites and App
Use of personal information.
Your personal information included in each of categories A, B and C described above may be used for the following business purposes:
to provide, improve and create new Services,
to obtain your feedback about Services,
to send you emails related to your interests including news, announcements, reminders and community postings,
to statistically analyze trends and user behavior and activity on the AS360 platform,
to administer your account.
We do not sell personal information.
The CCPA provides California consumers with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Access to specific information and data portability rights
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the preceding 12 months. Once we receive and confirm your verifiable request, we will disclose to you:
the categories of personal information we collected about you,
the categories of sources for the personal information we collected about you,
the specific pieces of personal information we collected about you (also called a data portability request),
if we disclosed your personal information for a business purpose, identifying the personal information categories were disclosed.
You may only make a verifiable user request for access or data portability twice within a 12-month period.
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable user request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service providers to:
complete the transaction for which we collected the personal information or provide a good or service that you requested,
enable solely internal uses that are reasonably aligned with user expectations based on your relationship with us,
comply with a legal obligation,
make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Exercising access, data portability and deletion rights
To exercise the access, data portability and deletion rights described above, please submit a request to us by emailing us at Info@AS360.com
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
Deny you goods or services.
Provide you a different level or quality of goods or services.
XI. AGE OF CONSENT
By using the Service, you represent that you are at least 14 years of age.
We are committed to protecting the privacy of children. AS360 is not designed or intended for children under the age of 14. A parent or guardian, however, may use AS360 to establish a user account for a minor. The parent or guardian is solely responsible for providing supervision of the minor's use of AS360. The parent or guardian assumes full responsibility for ensuring that the registration information is kept secure and that the information submitted is accurate. The parent or guardian also assumes full responsibility for the interpretation and use of any information or suggestions provided through AS360 for the minor. If you are a parent and become aware that your child under the age of 14 has provided us with information, please contact us using one of the methods specified herein, and we will work with you to address this issue.
XIII. MERGER OR ACQUISITION
XIIII. EMAIL COMMUNICATIONS AND OPTING OUT
We will send you Service-related announcements on occasions when it is necessary to do so. For instance, if our Service is temporarily suspended for maintenance, or a new enhancement is released, which will affect the way you use our Service, we might send you an email. Generally, you may not opt-out of these communications, which are not promotional in nature. Based upon the Personal Information that you provide us, we may communicate with you in response to your inquiries to provide the services you request and to manage your account. We will communicate with you by email. We may also use your Personal Information to send you updates and community communications. If you no longer wish to receive those email updates, you may opt-out of receiving them by following the instructions included in each update or communication.
XV. CONTACT US AND WITHDRAWING CONSENT
XVI. WARRANTIES AND EXCLUSION OF LIABILITY
USE THE WEBSITE AT YOUR OWN RISK. THIS WEBSITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. NEITHER COMPANY NOR ITS EMPLOYEES, AGENTS, [NH10] THIRD PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE WARRANT THAT THE WEBSITE OR ITS OPERATION WILL BE ACCURATE, RELIABLE, UNINTERRUPTED OR ERROR-FREE.
No agent or representative has the authority to create any warranty regarding the website on behalf of Company. The Company reserves the right to change or discontinue at any time any aspect or feature of the Website.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL COMPANY OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, STORING OR DISTRIBUTING THE WEBSITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, HEALTH PROBLEMS, LOST PROFITS, OR DAMAGES ARISING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THE WEBSITE, DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY AGREE THAT NO LICENSOR, SUPPLIER OR INFORMATION PROVIDER TO COMPANY OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES [NH11] OR AGENTS, OR ANY OF THEIR SUCCESSORS OR ASSIGNS, SHALL HAVE ANY LIABILITY TO YOU FOR ANY REASON OR UNDER ANY THEORY WHATSOEVER, BASED UPON THE INFORMATION PROVIDED ON OR THROUGH THE WEBSITE OR YOUR USE OF THE WEBSITE. ANY INFORMATION OR SERVICE PROVIDED BY COMPANY USING THIS WEBSITE IS NEITHER MEDICAL ADVICE NOR A SUBSTITUTE FOR MEDICAL ADVICE AND NOT A SUBSTITUTE TO YOUR PRIMARY OBLIGATION TO MAINTAIN YOUR MEDICAL RECORDS AND TO COMPLY WITH ANY ORDERS, PRESCRIPTIONS OR OTHER DIRECTIONS OF YOUR MEDICAL PROFESSIONALS.
Because some states do not permit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
You agree to defend, indemnify and hold COMPANY, its officers, directors, employees and agents, licensors and suppliers harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the AS360 Online Platform, or any content, product or service offered through the AS360 Online Platform. The Company shall provide notice to you promptly of any such claim, suit or proceeding and shall reasonably cooperate with you at your expense in your defense of any such claim, suit or proceeding.
XVIII. VISITING AS360 FROM OUTSIDE THE UNITED STATES