Effective Date: August 29th, 2016

Date of Last Update: August 29th, 2016

Headway Inc. D/B/A Headway Foundation is a nonprofit 501(c)(3) organization that provides resources for concussion patients seeking medical care, promotes a safer sports culture through concussion awareness and education, and advocates on behalf of concussion patients to improve existing evaluation and treatment protocols.  When you visit our website or otherwise take advantage of the Foundation’s resources and services (collectively, the “Services”), we may collect information from you. This Privacy Policy explains how we may collect, use, and share such information.

Please note that by using the Services, you acknowledge that you have read and understood this Policy and agree to be bound by its terms. If you do not agree to this Policy, please do not use the Services. 

     I.         Information We Collect 

When you use the Services, we may collect either personally identifiable information, which is information that specifically identifies you, or we may collect non-personally identifiable information, which is information or data that does not directly identify you. We collect information from you in the following ways:

Information you provide us voluntarily:

·      We may collect and store information that you voluntarily give us when you fill out an online information form on our website or create an account on the site, such as your name, email address, date of birth, and/or mailing address;

·      We may collect general information about your experience with concussions, if you choose to share it with us;

·      We may also collect information that you post in public areas of our website, such as in comments or forums, or information that you send to us, such as if you send us a question or comment; and

·      We may collect your email address if you sign up for our mailing list.

Information we collect automatically:

·      We may collect information about your activity on our website, such as page views, search queries, and the topics you’re interested in; 

·      We may also collect device IDs or unique identifiers, device and software characteristics (such as type and configuration), connection information, referral URLs, IP address, and standard web log information; and

·      We may collect data that is collected via cookies, web beacons, or other technical mechanisms.

Information collected from other sources:

·      We may supplement the information described above with information collected from other sources, such as demographic data, interest based data, and Internet browsing behavior.

The above list provides an example of the information that we may collect. From time to time, we may collect information from you in other ways that are not described above.

   II.         Use of Information 

We use information collected from you primarily for the following purposes:

·      To communicate with you, such as by sending you updates about the Foundation and/or the Services, as well as other services or information you may be interested in;

·      To determine your general location so that we can help direct you to resources that may be available in your area or connect you with buddies or mentors;

·      To improve our Services by seeing which areas and features of our website are most popular, to count the number of computers accessing our website, to personalize and improve your experience, and to record your preferences;

·      To track and analyze non-identifying and aggregate usage and statistical information from our visitors;

·      To respond to questions or comments that you send to us via email;

·      To provide services, resources, or information requested by you;

·      To analyze our audience, administer our website, or anticipate and resolve problems with our website;

·      To prevent, detect, and investigate potentially prohibited or illegal activities, including fraud, and enforce our terms of use;

·      To notify you about a material change to this Privacy Policy, if necessary.

III.         Sharing and Disclosure of Information

In certain circumstances, we may share or disclose the information we collect from you. For example:

·      We may share information with third-party service providers that help us administer, improve, or analyze our Services. These third parties may include, but are not limited to, vendors, independent contractors, and strategic partners.

·      We may also share information with unaffiliated third parties in order to fulfill a service to you or otherwise respond to a request from you.

·      We may also share information in order to comply with the law or in the good faith belief that such action is necessary in order to conform to the requirements of law or comply with legal process served on us, protect and defend our rights or property or act in urgent circumstances to protect the personal safety of our end users.

·      We may share or transfer information in the event that all or part of our assets are merged with, sold to, or otherwise acquired by another party as part of any corporate reorganization process.

·      To handle any physical or other type of threat made to you or others, to protect property or to defend or assert legal rights. 

 IV.         Comments, Forums, and Public Areas of the Services

You may be able to post information to public areas of our website, such as in forums or as a comment. Any information posted in public areas will be viewable by all visitors to the site and may be collected or used by third parties. If you do not want people to know your e-mail address, for example, do not include it in any message you post publicly. PLEASE BE EXTREMELY CAREFUL WHEN DISCLOSING ANY INFORMATION IN FORUMS, COMMENTS AND OTHER PUBLIC POSTING AREAS. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHERS OF THE INFORMATION THAT YOU DISCLOSE IN THESE PUBLIC POSTING AREAS.

   V.         Email Communication and Opting Out

In most cases, we give you the opportunity to opt-out from receiving emails from the Headway Foundation by following the opt-out instructions provided in the email message or by contacting us directly at info@headwayfoundation.com. There may be some messages that you cannot opt out of, such as messages or notices about services requested by you and updates about this Privacy Policy.  

 VI.         Privacy and Security

No data transmissions over the Internet can be guaranteed to be 100 percent secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you understand that any information that you transfer to us is done at your own risk.

We take all reasonable measures to ensure that your personally identifiable information remains as secure as reasonably possible. For example, only authorized personnel are permitted to access your personally identifiable information. These personnel must abide by our Privacy Policy. 

VII.         Assignment

In the event that all or part of our assets are merged with, sold to, or otherwise acquired by another party, you grant us the right to assign the personally identifiable and non-personally identifiable information collected via the Services.

VIII.         Third Party Advertisers

We may use advertisers, third party ad networks, and other advertising companies to serve advertisements on or in connection with the Services. Please be advised that such advertising companies may gather information about your use of the Services or other websites (such as through cookies, web beacons and other technologies) to enable such advertising companies to market products or services to you, to monitor which ads have been served to your browser and which webpages you were viewing when such ads were delivered. If you would like more information about this practice and to know your choices please click here. PLEASE NOTE THAT THIS POLICY DOES NOT COVER THE COLLECTION AND USE OF INFORMATION BY SUCH ADVERTISING COMPANIES. 

 IX.         Updating Your Information and Contacting Us

We welcome your feedback, questions, or concerns. To contact us about your personally identifiable information, or any other issues related to the Headway Foundation or your use of the Services, please contact us at info@headwayfoundation.com.

   X.         Changes to this Privacy Policy

The Headway Foundation reserves the right to modify this Privacy Policy as necessary. For any material changes to this Policy, we will provide you with notice of the relevant changes. Any changes to the Policy shall be effective upon the posting of the revised Policy. We will indicate the most current date of any change and encourage you to consult our Policy from time to time. Continued use of the Services indicates you accept such changes. A current version of this Policy is accessible through the footer of our website’s homepage.  

 XI.         DISPUTES AND AGREEMENT TO ARBITRATE

By using the Services, you and the Headway Foundation agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Services, or the breach, enforcement, interpretation, or validity of this Policy or any part of it (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute.  

Notice shall be sent:

(1) to the Headway Foundation at:

info@headwayfoundation.com

or

(2) to you at: the contact information on file with the Headway Foundation.

Both you and the Headway Foundation agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party.

IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such Disputes shall be exclusively submitted to Judicial Arbitration and Mediation Services, Inc. for binding arbitration under its rules then in effect in the New York, New York, area, before one arbitrator to be mutually agreed upon by both parties.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of this Policy, including any claim that all or any part of this Policy is void or voidable.   

XII.         Choice of Law

This Privacy Policy has been made in and shall be construed in accordance with the laws of the State of Connecticut, without giving effect to any conflict of law principles.

The parties acknowledge that this policy evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Policy shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).

YOUR CALIFORNIA PRIVACY RIGHTS AND DO NOT TRACK DISCLOSURES

California Civil Code Section 1798.83 permits users of our Services who are California residents to request certain information regarding the Headway Foundation’s disclosure of personally identifiable information to third parties for their direct marketing purposes. To make such a request, please contact us at info@headwayfoundation.com.

Our website does not support Do Not Track browser settings and does not currently participate in any “Do Not Track” frameworks that would allow us to respond to signals or other mechanisms from you regarding the collection of your information.