WEB AND PRIVACY POLICY

TERMS AND CONDITIONS OF USE

Welcome to the Tobacco Monitoring website located at https://TobaccoMonitoring.org (the “website”). The website is owned and operated by the National Foundation for the Centers for Disease Control and Prevention, Inc. (“CDC Foundation,” “Foundation,” “we” or “us”). The following are the Terms and Conditions of Use for the website (the “Terms and Conditions”).

By using the website, you acknowledge that you have read and are legally bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use the website and exit immediately. We reserve the right to modify or amend these terms and conditions from time to time without prior notice. Your continued use of the website and any affiliate websites following the posting of changes to these terms and conditions will mean you accept those changes.

COMPLIANCE WITH LAW

Users of the website shall abide by all applicable international, federal, state and local laws, including, but not limited to, those pertaining to libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, and copyright and trademark infringement.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

The content provided on the website is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Foundation makes no representations or warranties of any kind with respect to the website or its content, such representations and warranties being expressly disclaimed. The Foundation does not warrant that the website or the server(s) that make the website available are free of viruses or other harmful components.

Moreover, the Foundation does not represent or warrant that the content of the website is accurate, complete or current for any specific or particular purpose or application. The website is not intended to provide, nor should anyone consider that the website provides, medical, legal, accounting, tax or other advice. In addition, the Foundation is not endorsing or recommending the use of the means or methods contained on or through the website for any special or particular purpose.

In no event will the Foundation or any of its officers, trustees, employees, agents or contractors (collectively, “Representatives”) be liable for any damages-whether direct, indirect, special, general, consequential, for alleged lost profits or otherwise-that might result from any use of or reliance on materials or links made available on or through the website.

INTELLECTUAL PROPERTY

Copyright and Ownership. All of the content featured or displayed on the website, including without limitation text, graphics, photographs, images, moving images, sound and illustrations (collectively, “Content”), is owned by the Foundation, its licensors, vendors, agents, and/or content providers, as applicable. All elements of the website, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Foundation reserves the right to track the usage of Content.

Except as may be otherwise indicated in specific documents within the website, you are authorized to view, play, print, and download documents, audio and video found on the website for personal, informational and noncommercial purposes only. You may not modify any of the materials, and, except as set forth below, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the website. You will not remove any copyright, trademark or other proprietary notices from Content found on the website.

Text materials on the website may be used, downloaded, reproduced, publicly displayed or reprinted for personal or noncommercial purposes provided that the following attribution appears in all copies: “Reproduced with permission of the CDC Foundation.” Permission to reproduce text materials for commercial application (e.g., book publishing) must be obtained from the Foundation in writing.

Unless we have expressly made a file available for download, prior permission to use, download, reproduce, publicly display or republish any of the non-text materials on the website (e.g., software, graphic images, video and audio files) must be obtained from the Foundation or any other designated copyright owner, as applicable.

In using Content in accordance with these Terms of Use, you may not (1) state or imply that the Foundation is endorsing you, your viewpoints or any of the products or services that you or your organization may provide, or (2) represent that you or your organization has a relationship with the Foundation or any of the events, products or services that the Foundation provides unless that relationship is the subject of a written agreement that has been signed by the Foundation.

You will not access any Content from the website through any technology or means other than the pages of the website itself, the Embeddable Player (as defined below), the Widgets (as defined below) or such other explicitly authorized means as the Foundation may designate.

Trademarks. All trademarks, service marks and trade names of the Foundation used in the website (including, but not limited to, the CDC Foundation name and the CDC Foundation logo) (collectively, the “Marks”) are trademarks of the Foundation or its licensors, vendors, agents and/or content providers. You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on the website, without the Foundation’s prior written consent. The use of the Marks on any other website or network computer environment is not allowed.

Embeddable Player and Widgets To the extent that the Foundation makes available to you through the website (or otherwise) an embeddable player for viewing video and playing audio Content from the website (the “Embeddable Player”) and/or “widgets” to obtain access to Content from the website (“Widgets”), you agree as a condition to accessing and using such items that:

• You will not alter or modify any part of the Embeddable Player, the Widgets or any of their related technologies.
• You will include a prominent link back to the website on the pages containing the Embeddable Player and/or Widgets, and you may not modify, build upon or block any portion of the Embeddable Player and/or Widgets in any way.
• You will not use the Embeddable Player and/or Widgets for any commercial use, without the prior written authorization of the Foundation. Prohibited commercial uses include any of the following actions taken without the Foundation’s prior written approval:
• sale of access to the website or its related services (such as the Embeddable Player and Widgets) on another website; and
• use of the website or its related services (such as the Embeddable Player and Widgets), for the primary purpose of gaining advertising or subscription revenue.

ACCESS AND INTERFERENCE

You agree not to circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any content or enforce limitations on use of the website or the Content therein.

You agree that you will not use any bot, crawler, harvester, indexer, robot, spider, scraper or any other automated means to access, compile, read or gather content from the website automatically.

Additionally, you agree that you will not: (a) take any action that, in our sole discretion, imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; (b) interfere or attempt to interfere with the proper working of the website or any activities conducted on the website; or (c) bypass any measures we may use to prevent or restrict access to the website.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless the Foundation and the Representatives from and against any and all losses, damages, liabilities and costs of every nature incurred by any of them in connection with any claim, damage or loss related to or arising out of: your use of the website, any assistance or services provided by us or the Representatives to you, any alleged unauthorized use of the website by you, or any breach or alleged breach by you of these Terms and Conditions. You agree to cooperate fully in the defense of any of the foregoing. We reserve the right, at our own expense, to control exclusively the defense of any matter otherwise subject to indemnification by you and you will not settle any matter without our prior written consent. Your obligation to indemnify, defend and hold harmless shall be limited to the extent that you are afforded sovereign immunity under applicable federal, state or local laws. In such cases where your obligation to indemnify may be limited due to the requirements of federal, state or local laws, you shall be responsible for the ordinary negligent acts and omissions of your agents and employees causing harm to persons not a party to these Terms and Conditions.

RELEASE

In the event that you have a dispute with one or more other users of the website, you release the Foundation and Representatives from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

APPLICABLE LAW AND JURISDICTION

The site is controlled and operated from the Foundation’s offices in the State of Georgia. By accessing the site, you agree to be bound by the terms and conditions of this agreement which is governed by and construed in accordance with the laws of the State of Georgia, without giving effect to any conflict of laws principles. All activity occurring in connection with the site (including, but not limited to, accessing pages, downloading materials, etc.) is presumed to occur in the State of Georgia.

In connection with any suit, action or proceeding arising from or relating to these Terms and Conditions, you consent to the jurisdiction of the federal and state courts within the State of Georgia.

ELECTRONIC COMMUNICATIONS; BINDING AND ENTIRE AGREEMENT

You agree that (a) these Terms and Conditions constitute an agreement “signed by you” under applicable law; (b) any notices or other communication regarding your use of the website may be provided to you electronically (by posting on the website, by e-mail, and other electronic formats) and will be considered received upon posting or other distribution. These Terms and Conditions (including the Privacy Policy) constitute the entire agreement between you and the Foundation and supersede all other agreements, oral or written, concerning its subject matter. You consent to the use of the English language in these Terms and Conditions and all documents or notices relating to them and your use of the website.

SEVERABILITY

If any of these Terms and Conditions is determined to be invalid, void or unenforceable for any reason, then the unenforceable provision will be deemed amended in a manner that will most nearly carry out the intent of the provision to the fullest extent permitted by applicable law or deleted if amendment is not possible, and the remaining Terms and Conditions will be enforceable to the fullest extent permitted by law.

NO WAIVER

The Foundation’s failure to enforce these Terms and Conditions in every instance in which they might apply is not a waiver of any of the Foundation’s rights, and the Foundation reserves its right to take all legal steps available to enforce these Terms and Conditions.

TERMINATION

We reserve the right to terminate the website and/or these Terms and Conditions at any time without notice for any reason, including, in the case of these Terms and Conditions, for your violation of any of its provisions. The Disclaimer of Warranties and Limitation of Liability, Indemnification, Release and Applicable Law and Jurisdiction provisions of these Terms and Conditions shall survive any such termination.

PRIVACY POLICY

The CDC Foundation, owner of https://TobaccoMonitoring.org, respects the privacy of every individual who visits https://TobaccoMonitoring.org (“website”). This notice explains our online information practices. Because your privacy is important to us, we provide you with notice and choices about the collection and use of your information. To make this notice easy to find, links are provided at the bottom of our scrolling website. By visiting https://TobaccoMonitoring.org you accept the practices described in this Privacy Notice.

Information

We collect one type of information:

1. Standard Web server traffic pattern information. General traffic, site usage, browser information, and length of stay information is collected via Google Analytics. This type of information is used internally and anonymously shared with Google on an aggregated basis.

Use of Cookies

We use cookies to better understand how visitors use our site. You also have choices with respect to cookies. The “help” menu on your browser should give you options for preventing, accepting or receiving notice of new cookies. You can refuse our use of some or all cookies by turning off the use of cookies in your web browser. However, please be aware that if you block cookies, some website functionality may be lost. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies.

Google Analytics

We use Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies,” which are text files placed on your computer, to help the website analyze how users use the site. Google Analytics collects information anonymously. It reports website trends without identifying individual visitors. More information about how Google uses data when you use partners’ sites or apps can be found at www.policies.google.com/technologies/partner-sites. You can opt out of Google Analytics without affecting how you visit our site—for more information on opting out of being tracked by Google Analytics across all websites you use, visit https://tools.google.com/dlpage/gaoptout.

Data Use

The main purpose for collecting any data is to create a better user experience and a more useful service from https://TobaccoMonitoring.org.

External Links

Our privacy policies apply only to your use of the https://TobaccoMonitoring.org website. This site contains links to other sites. We do not disclose personally identifiable information to those operating linked websites and we are not responsible for their privacy practices. Links to other sites do not imply an endorsement of the materials or policies on those websites. You should read the privacy policies of each site you visit to determine what information that site may be collecting about you.

Special Considerations for Citizens of the European Union

If you are from the European Union and related territories, you have the following rights as it relates to your personal data:

Access. EEA and Swiss citizens have the right to obtain information about the processing of personal data and a copy of their personal data that the CDC Foundation stores.

Right to rectify. EEA and Swiss citizens have the right to request that CDC FOUNDATION update EEA & Swiss citizen’s personal data if it is inaccurate or incomplete.

Right to request data erasure. EEA and Swiss citizens have the right to have their personal information erased from CDC FOUNDATION files if 1.) The data is no longer necessary for the purpose for which it was collected 2.) EEA & Swiss citizens withdraw consent and no other legal basis for processing exists 3.) EEA & Swiss citizens believe their fundamental rights to data privacy and protection outweigh our legitimate interest in continuing the processing.

Right to restrict or object to our processing. EEA and Swiss citizens have the right to restrict or object to our processing if the CDC FOUNDATION processes their data based on legitimate interests or the performance of a task in the public interest as an exercise of official authority (including profiling); using EEA and Swiss citizens’ data for direct marketing (including profiling); or processing their data for purposes of scientific or historical research and statistics.

The right to lodge a complaint. EEA and Swiss citizens have the right to lodge a complaint about our data collection and processing actions with their country specific data protection authority. Contact details for data protection authorities are available here.

California Civil Code Section 1798.83

Residents of California may request information regarding the disclosure of their personal information to third parties. The CDC Foundation does not transfer personal data to third parties.

Children (16 and Under)

The CDC Foundation does not knowingly collect information from children under the age of 16. If you are under the age of 16, please talk to an adult before supplying any personal information.

Contact Us

This privacy statement will be updated periodically and posted on our website. It applies only to our online practices and does not encompass other areas of the organization. We reserve the right to change this policy at any time by posting revisions. You agree to review the Privacy Policies each time you use our website so that you are aware of any modifications. By accessing or using the website, you agree to be bound by all of the terms and conditions of the https://TobaccoMonitoring.org Privacy Policy as posted at the time of your access or use.

If you have any questions about our policy or our compliance, you may send us an email at info@cdcfoundation.org or call (404) 653-0790.