This is the official PRIVACY POLICY (this “Policy”) for www.myhaam.org (as it may be modified from time to time) (the “Site”), a website owned and offered by Health Alliance for Austin Musicians, a Texas nonprofit corporation (“HAAM”). This Policy is intended to explain HAAM’s privacy practices for the Site, and to provide you, the person accessing or using the Site and any person helping you access or use this Site (collectively, “you” or “your”), with an overview of the following:

  1. The categories of information HAAM collects about you through the Site;
  2. How HAAM collects such information;
  3. How HAAM uses such information;
  4. Who will have access to such information; and
  5. HAAM’s security measures for protecting such information.

CAREFULLY READ EACH AND EVERY TERM AND CONDITION OF THIS POLICY IN ITS ENTIRETY.

THIS POLICY ONLY APPLIES TO INFORMATION COLLECTED THROUGH THE SITE.

BY ACCESSING OR USING THE SITE, YOU ARE AUTOMATICALLY ACCEPTING AND AGREEING TO THE MOST-RECENT VERSION OF THIS PRIVACY POLICY, AS WELL AS THE MOST-RECENT VERSION OF THE SITE’S TERMS OF USE (WHICH GOVERNS YOUR ACCESS AND USE OF THE SITE), AND YOUR CONTINUING ACCESS OR USE OF THE SITE REAFFIRMS YOUR ACCEPTANCE AND AGREEMENT IN EACH INSTANCE.

1. CATEGORIES OF INFORMATION COLLECTED THROUGH THE SITE.

HAAM may collect personal and non-personal information about you through the Site. The term “personal information” means information that would allow someone to identify or contact you, such as, by way of example only, your name, your physical address, your e-mail address, or your telephone number. The term “non-personal information” means any information other than personal information that HAAM may collect from you. The categories of personal and non-personal information that HAAM collects from you through the Site may include your:

  • Name (first, last, and/or middle);
  • Address (street address, city, state, zip code, and country);
  • Telephone number.
  • Facsimile number.
  • E-mail address;
  • Credit card information (e.g., card number, expiration date, verification code); and/or
  • Internet protocol (or IP) address.

2. A SPECIAL NOTE ABOUT MINORS.

The Site is not designed or intended to attract children under thirteen (13) years of age. HAAM does not collect personal information through the Site from any person HAAM actually knows to be under thirteen (13) years of age. If HAAM obtains actual knowledge that it has collected personal information through the Site from a person under thirteen (13) years of age, then HAAM will permanently delete such personal information from its records. The foregoing is a description of HAAM’s voluntary practices concerning the collection of personal information through the Site from persons under thirteen (13) years of age, and is not intended to be an admission that HAAM is subject to the Children’s Online Privacy Protection Act or the Federal Trade Commission’s Children’s Online Privacy Protection Rule(s).

3. HOW INFORMATION IS COLLECTED THROUGH THE SITE.

HAAM may collect personal and non-personal information from you whenever it asks you for such information, such as, for example, when you process a donation, purchase a product, or answer an online survey or questionnaire.
In addition, if you or a third party send HAAM a comment, message or other communication (such as, by way of example only, e-mails, letters, facsimiles, phone calls, or voice messages) about you or your activities on the Site, then HAAM may collect any personal or non-personal information provided therein or therewith.

Finally, HAAM uses tracking, data aggregation, and data analysis technologies. Of these technologies, HAAM uses Google Analytics. Additional information about Google Analytics is available through its website at http://www.google.com/analytics (last visited April 15, 2013). HAAM’s relationship with Google Inc. is merely contractual in nature, as Google Inc. is nothing more than a third-party vendor to HAAM, and is in no way subject to HAAM’s direction or control; thus, their relationship is not, and should not be construed as, one of fiduciaries, agents-principals, employers-employees, partners, joint venturers, or the like.

By accessing or using the Site, you acknowledge and agree in each instance that you are giving HAAM permission to monitor or otherwise track your activities on the Site, and that HAAM may use the aforementioned tracking, data aggregation and data analysis technologies in any e-mails it sends you.

4. USE OF INFORMATION COLLECTED THROUGH THE SITE.

HAAM may use your personal and non-personal information in a variety of ways, such as, for example, to:

  • Fulfill your requests.
  • Process your donations, orders, and payments;
  • Send you appropriate communications, including administrative e-mails, and answers to your questions;
  • Provide you with information about HAAM;
  • Provide you with information about third-party businesses, products, and services;
  • Improve the Site’s content and features;
  • Improve HAAM’s products and services;
  • Improve HAAM’s marketing efforts;
  • Analyze traffic to the Site;
  • Analyze user behavior and activity on the Site;
  • Conduct research and measurement activities;
  • Monitor the activities of you and others on the Site;
  • Protect HAAM’s rights and properties; and/or
  • Protect the rights and properties of others (which may include you).

HAAM reserves the right to use your personal and non-personal information when required by applicable law, court order, or other governmental authority (including, without limitation and by way of example only, in response to a subpoena), or when HAAM believes in good faith that such use is necessary or advisable (including, without limitation and by way of example only, to identify, contact, or bring legal action against someone who may be causing injury to or interfering with the rights, obligations, or properties of HAAM, a user of the Site [which may include you], or anyone else who may be harmed by such activities).

5. SHARING OF INFORMATION COLLECTED THROUGH THE SITE.

Unless you otherwise consent, HAAM will not share your personal information with any persons or entities besides the following:

  • HAAM’s privacy administrator(s);
  • HAAM’s other officers, directors, employees, and agents;
  • HAAM’s legal and financial advisors;
  • HAAM’s parent, subsidiary, and affiliated companies;
  • HAAM’s affiliate service providers;
  • HAAM’s successors;
  • Third parties who manage certain aspects of the Site and/or the Site’s features, products or services (including, without limitation and by way of example only, web hosting company(s), credit card or other payment processing company(s), and support services company(s)); and/or

However, notwithstanding the foregoing, HAAM will publicly disclose (and you hereby grant HAAM the right to publicly disclose) your name as having made a donation to HAAM, unless you otherwise expressly disclaim such disclosure by: (a) indicating such disclaimer in a then-current and HAAM-approved document or form that expressly provides for such a disclaimer; or (b) submitting a written request to HAAM that clearly indicates such disclaimer, with said request being submitted to HAAM by any one of the following:

By e-mail: info@myhaam.org, with an e-mail subject/reference line of “Disclaimer of Donor Name”.
By mail: Health Alliance for Austin Musicians, attn.: Site Administrator, PO Box 301496, Austin, Texas 78703-0025, with a letter subject/reference line of “Disclaimer of Donor Name”.

Notwithstanding the foregoing, HAAM reserves the right to share your personal information when required by applicable law, court order, or other governmental authority (including, without limitation and by way of example only, in response to a subpoena), or when HAAM believes in good faith that such sharing is necessary or advisable (including, without limitation and by way of example only, to identify, contact, or bring legal action against someone who may be causing injury to or interfering with the rights, obligations, or properties of HAAM, a user of the Site [which may include you], or anyone else who may be harmed by such activities).
HAAM does not limit the ways in which it may use or share non-personal information because non-personal information does not identify you. For example, HAAM may freely share non-personal information with its affiliates, suppliers, employees, and agents, as well as with other individuals, businesses, and government entities.

6. THIRD PARTY ADVERTISEMENTS, WEBSITES, AND PLATFORMS.

HAAM may permit advertisements to be placed on the Site by various third parties. Except as expressly stated in this Policy, HAAM does not permit these third parties to collect any of your personal information. However, these third parties may use cookies, web beacons and/or other tracking, data aggregation or data analysis technologies. To the fullest extent permitted by law, HAAM is not responsible for, and you hereby release HAAM from any liability which may arise from, such third parties’ use of any such technologies.

Further, the Site and/or e-mail messages sent through or as a function of the Site may contain links to the websites and platforms of various third parties. To the fullest extent permitted by law, HAAM is not responsible for, and you hereby release HAAM from any liability which may arise from, such third party websites and platforms (including, without limitation, the privacy policies and practices of such third party websites and platforms).

7. SECURITY.

HAAM implements security measures to help protect your personal information, as collected by HAAM through the Site.

Also, certain online forms made available through the Site (including the current HAAM online donation form) are built with the use of an online form building application provided by Formstack, LLC. This application and/or other Formstack, LLC applications are also used to collect, store, and analyze data from certain online forms made available through the Site (including the current HAAM online donation form). Additional information about Formstack, LLC’s information security measures are available at http://www.formstack.com/privacy (last visited April 15, 2013) (the “Formbuilder Privacy Policy”). The Formbuilder Privacy Policy is provided to you for informational purposes only; and it is in no way incorporated into or made a part of this Policy. HAAM’s relationship with Formstack, LLC is merely contractual in nature, as Formstack, LLC is nothing more than a third-party vendor to HAAM, and is in no way subject to HAAM’s direction or control; thus, their relationship is not, and should not be construed as, one of fiduciaries, agents-principals, employers-employees, partners, joint venturers, or the like.
Further, all credit card transactions occur through an online payment processing application provided by PayPal, Inc. that is accessible through the Site. Additional information about PayPal, Inc. and its information security measures is available at https://cms.paypal.com/us/cgi-bin/marketingweb?cmd=_render-content&content_ID=ua/Legal_Hub_full&locale.x=en_US (last visited April 15, 2013) (the “PayPal Policies”). The PayPal Policies are provided to you for informational purposes only; and it is in no way incorporated into or made a part of this Policy. HAAM’s relationship with PayPal, Inc. is merely contractual in nature, as PayPal, Inc. is nothing more than a third-party vendor to HAAM, and is in no way subject to HAAM’s direction or control; thus, their relationship is not, and should not be construed as, one of fiduciaries, agents-principals, employers-employees, partners, joint venturers, or the like.

REGARDLESS OF THE FOREGOING, PLEASE OBSERVE THAT “PERFECT” OR “100%” SECURITY DOES NOT EXIST ON THE INTERNET. THEREFORE, YOUR ACCESS AND USE OF THE SITE, AND YOUR OPENING OF ANY E-MAILS SENT THROUGH OR AS A FUNCTION OF THE SITE, ARE DONE AT YOUR OWN RISK.

To help maintain the security of your personal information, HAAM asks that you please notify it immediately of any unauthorized access or use of the Site, its features, or its content.

8. YOUR CALIFORNIA PRIVACY RIGHTS.

Pursuant to Section 1798.83 of the California Civil Code, if you are a resident of the State of California and HAAM has an established business relationship with you, then you have the right to request the following: (a) information from HAAM free of charge regarding the manner in which HAAM shares certain personal information collected through the Site with third parties who use such information for direct marketing purposes; and (b) the discontinuation (or opt-out) of HAAM’s sharing of such information with such third parties. Please submit these requests to any one of the following:
By e-mail: info@myhaam.org, with an e-mail subject/reference line of “California Privacy Rights”.

By mail: Health Alliance for Austin Musicians, attn.: Site Administrator, PO Box 301496, Austin, Texas 78703-0025, with a letter subject/reference line of “California Privacy Rights”.

Each such request must be labeled “Your California Privacy Rights” on the e-mail or letter subject line. For each such request, please clearly state the nature of your request; that the request is related to “Your California Privacy Rights”; your name, street address, city, state, zip code and e-mail address; and whether you prefer to receive a response to your request by e-mail or postal mail. HAAM will not accept any such requests via telephone or facsimile. HAAM is not responsible for any requests which are incomplete, incorrectly labeled, or incorrectly sent.

9. MODIFICATIONS OF THIS POLICY.

HAAM MAY SUPPLEMENT, AMEND OR OTHERWISE MODIFY THIS POLICY AT ANY TIME WITHOUT NOTICE TO YOU. SUCH SUPPLEMENTS, AMENDMENTS AND OTHER MODIFICATIONS WILL BE POSTED ON THIS OR A SIMILAR PAGE OF THE SITE, AND SHALL BE DEEMED EFFECTIVE AS OF THEIR STATED EFFECTIVE DATE. IT IS YOUR RESPONSIBILITY TO CAREFULLY REVIEW THIS POLICY EACH TIME YOU ACCESS OR USE THE SITE.

IF YOU REGISTER WITH THE SITE, THEN HAAM WILL NOTIFY YOU BY E-MAIL (SENT TO THE E-MAIL ADDRESS THAT YOU SPECIFY WHEN YOU REGISTER WITH THE SITE) ABOUT ANY SUCH SUPPLEMENTS, AMENDMENTS AND OTHER MODIFICATIONS WHICH HAAM DETERMINES TO BE MATERIAL IN NATURE.

AGAIN, BY ACCESSING OR USING THE SITE, YOU ARE AUTOMATICALLY ACCEPTING AND AGREEING TO THE MOST-RECENT VERSION OF THIS PRIVACY POLICY, AS WELL AS THE MOST-RECENT VERSION OF THE SITE’S TERMS OF USE, AND YOUR CONTINUING ACCESS OR USE OF THE SITE REAFFIRMS YOUR ACCEPTANCE AND AGREEMENT IN EACH INSTANCE.

10. SEVERABILITY.

If any term or condition of this Policy is deemed invalid or unenforceable by a court of law with binding authority (or, as applicable, an arbitrator or arbitration panel with binding authority), then the remaining terms and conditions shall not be affected, and the court (or, as applicable, the arbitrator or arbitration panel) shall reform the invalidated or unenforceable term or condition to the maximum extent possible so as to affect the intent of the parties hereto.

11. CONTACT US.

Please direct any questions or comments you may have about this Policy to any one of the following:
By e-mail: info@myhaam.org.
By mail: Health Alliance for Austin Musicians, attn.: Site Administrator, PO Box 301496, Austin, Texas 78703-0025.
By phone: (512) 322-5177

The foregoing contact information may change from time-to-time by supplementation, amendment or modification of this Policy.

12. EFFECTIVE DATE.

The effective date of this Policy is April 15, 2013.