How 2C2Smile Works Step 1: A participating Oral Surgeon nominates a patient for the 2C2Smile Fundraising Program. Step 2: 2C2Smile prepares a fundraising page for the nominated patient, and the patient signs off on that page, and its contents, for fundraising purposes. Step 3: The patient, their friends & family, the Oral Surgery practice, and any other parties desiring to participate, shall help to promote the page to potential donors for the purpose of raising money to fund the procedure needed by the nominated patient. Step 4: Family, friends and others in the community can donate money towards the needed total required to have the procedure performed. Monies must be collected by the published deadline. * Step 5: Upon reaching the fundraising goal, 2C2Smile shall release the raised funds to the medical providers involved in the nominated patient’s procedure. Funds shall be released based upon an agreed upon schedule between 2C2Smile and the medical providers, based upon the course of medical care received. Step 6: Family, Friends and the Community celebrate the beautiful new smile of the nominated patient! * Donors understand that 2C2Smile is a 501-C3 non-profit organization, created to help improve the oral health of patients that would not necessarily be able to afford the necessary dental work to be done. Donations are tax deductible. Should the fundraising goal of a nominated patient not be reached by the deadline, 2C2Smile shall, at its sole discretion, redirect raised donations to another candidate that is close to reaching his or her goal. Jump to: 2C2SMILE WEBSITE TERMS AND CONDITIONS OF USE 2C2SMILE PRIVACY POLICY 2C2SMILE DONOR PRIVACY POLICY 2C2SMILE WEBSITE TERMS AND CONDITIONS OF USE PURPOSE AND SCOPE This Website, www.2C2smile.org (“Website”) is hosted by 2C2Smile (“2C2Smile”). When you use any current or future version of the Website you also will be subject to these Terms and Conditions (this “Agreement”). We may, from time to time, modify the terms of this Agreement. When we make changes, we will post those in a new Terms and Conditions Agreement. Your use of the Website and following any such modification constitutes your agreement to the terms of the modified Agreement. We may discontinue the Website at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of the Website at any time for any reason, without notice. We may discontinue or restrict your use of the Website or at any time for any reason, without notice. PRIVACY Please review our Privacy Policy, which also governs your visit to the Website, and our Donor Privacy Policy, which governs our relationship with our donors. The terms and conditions of our Privacy Policy and our Donor Privacy Policy are incorporated herein and made a part of this Agreement. TRADEMARKS AND COPYRIGHT 2C2SMILE and other marks indicated on our Website are trademarks or registered trademarks of 2C2Smile in the United States. All rights in such names are hereby reserved. All rights in the product names, company names, trade names, graphics, logos, page headers, button icons, scripts and designs of all 2C2Smile or third-party products or services, belong exclusively to 2C2Smile or their respective owners. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Website confers on you any license or right under any trademark of 2C2Smile or any third party. All copyright rights in the text, images, photographs, graphics, user interface, music and other content that is or may be provided on the Website, and the selection, coordination, and arrangement of such content, are owned by 2C2Smile or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, and except as permitted herein, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Website for any purposes. THIRD PARTY AND CO-BRANDED WEBSITES The Website may contain hyperlinks (“links”) to websites operated by persons or entities other than 2C2Smile (“third-party Websites”). We provide such links for your reference and convenience only. A link from the Website to a third-party Website does not imply or mean that we endorse the content on that third-party Website or the operator or operations of those websites. You are solely responsible for determining the extent to which you use any content at any third party Website to which you might link from our Website. 2C2SMILE IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEB SITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY WEB SITE OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION. YOUR RESPONSIBILITIES You agree to comply with all applicable laws in connection with your use of the Website, and such further limitations as may be set forth in any written or on-screen notice from 2C2Smile. As a condition of your use of the Website, you warrant that you will not use the Website for any purpose that is unlawful or prohibited by this Agreement. All information that you provide in connection with a donation or other interaction with the Website or any will be accurate, complete, and current. You will pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a donation or other interaction with 2C2Smile. You will pay all applicable taxes, if any, relating to any such donations or other interactions. By using the Website, you agree not to violate or attempt to violate the security of the Website, including, by way of illustration but not limitation, actions such as accessing data not intended for you or logging into a server or account that you are not authorized to access; attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, “flooding,” “spamming,” “mailbombing,” or “crashing” the Website; sending unsolicited email, including promotions and/or advertising of products or services; and forging any TCP/IP packet header or any part of the header information in any email or posting. 2C2Smile attempts to be accurate in describing its services. We do not warrant that our services nor the content of the Website are complete, reliable, current, or error-free. INDEMNIFICATION You agree to defend, indemnify, and hold harmless 2C2Smile and its affiliates, successors and assigns, and its and their respective directors, officers, employees, agents or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney’s fees and other legal expenses, and judgments of any kind of nature, incurred by 2C2Smile arising out of or relating to your use of the Website, your violation of this Agreement, or your violation of any rights of another. LICENSES 2C2Smile grants you a limited, revocable and nonexclusive license to access and make personal use of the Website but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of 2C2Smile. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools. Neither the Website nor any portion of the Website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any purpose without the express written consent of 2C2Smile. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of 2C2Smile and its affiliates without the express written consent of 2C2Smile. You may not use meta tags or any other hidden text using 2C2Smile’s name or trademarks without the express written consent of 2C2Smile. Any unauthorized use will immediately terminate the permission or license granted by 2C2Smile. You are also granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page, or a specific donation page, of 2C2Smile.org so long as the link does not portray 2C2Smile or its products or services in a false, misleading, derogatory, or otherwise offensive manner as determined by 2C2Smile in its sole discretion. You may not use any 2C2Smile logo or other proprietary graphic or trademark as part of the link without express written permission of 2C2Smile. 2C2Smile will retain all right, title and interest in and to the intellectual property rights in the Website and all associated content, and any derivative works thereof, subject only to the limited licenses set forth in this Agreement. You do not acquire any other rights, express or implied, in the Website other than those rights expressly granted under this Agreement. 2C2Smile has no obligation to provide support, maintenance, upgrades, modifications or new releases under this Agreement. All rights not expressly granted herein are hereby reserved to 2C2Smile. NO WARRANTIES 2C2SMILE MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE WEBSITE OR THE PROGRAM. THE WEBSITE AND THE PROGRAM ARE PROVIDED “AS IS” WITH NO WARRANTY. YOU AGREE THAT YOUR USE OF THE WEBSITE AND THE PROGRAM IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, 2C2SMILE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE AND THE PROGRAM, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES THAT MAY ARISE OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. 2C2Smile does not warrant that the Website will operate in combination with any specific hardware or software, or that the operation of the Website will be uninterrupted or error-free. TERMINATION This Agreement is effective until terminated. 2C2Smile may terminate this Agreement at any time upon your breach of any of the provisions hereof. Upon termination of this Agreement, you will cease all use of the Website. Except for the license granted herein and as expressly provided herein, the terms of this Agreement will survive termination. GENERAL TERMS This Agreement and all matters arising out of or relating to this Agreement will be governed by the internal laws of the State of California without giving effect to any choice of law rule. In the event of any controversy, claim or dispute between the parties arising out of or relating to this Agreement, such controversy, claim or dispute may be tried solely in a state or federal court for Sonoma County, California, and the parties hereby irrevocably consent to the jurisdiction and venue of such courts. IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, BUSINESS, SAVINGS, DATA, USE OR COST OF SUBSTITUTE PROCUREMENT, INCURRED BY EITHER PARTY OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES ARE FORESEEABLE. THE PARTIES ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION AND IN THE OTHER PROVISIONS OF THIS AGREEMENT AND THE ALLOCATION OF RISK HEREIN ARE AN ESSENTIAL ELEMENT OF THE BARGAIN BETWEEN THE PARTIES, WITHOUT WHICH 2C2SMILE WOULD NOT HAVE ENTERED INTO THIS AGREEMENT. If any provision of this Agreement is held to be illegal, invalid or otherwise unenforceable, such provision will be enforced to the extent possible consistent with the stated intention of the parties, or, if incapable of such enforcement, will be deemed to be severed and deleted from this Agreement, while the remainder of this Agreement will continue in full force and effect. The waiver by either party of any default or breach of this Agreement will not constitute a waiver of any other or subsequent default or breach. You may not assign, sell, transfer, delegate or otherwise dispose of, whether voluntarily or involuntarily, by operation of law or otherwise, this Agreement or any rights or obligations under this Agreement without the prior written consent of 2C2Smile. Any purported assignment, transfer or delegation by you will be null and void. Subject to the foregoing, this Agreement will be binding upon and will inure to the benefit of the parties and their respective successors and assigns. This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous agreements or representations, written or oral, concerning the subject matter of this Agreement. This Agreement may not be modified or amended except in a writing signed by both parties; no other act, document, usage or custom will be deemed to amend or modify this Agreement. 2C2SMILE PRIVACY POLICY PURPOSE AND SCOPE 2C2Smile (“2C2Smile”) is firmly committed to your privacy and we have implemented practices that protect your Personal Information (as defined below). This Privacy Policy states our privacy practices as it pertains to information collected from you through our Website (www.2c2smile.org, the “Website”) and from our Business Associates. Please see our Donor Privacy Policy for a statement of our privacy practices as it pertains to personal information collected from donors, both via our Website and through other means and our Website Terms and Conditions of Use as it pertains generally to your use of our Website. Note that the term “Personal Information” as defined in in this Privacy Policy may or may not overlap our use of the term “personal information” in our Donor Privacy Policy. THIS PRIVACY POLICY DESCRIBES HOW INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY. This Privacy Policy may be updated from time to time. 2C2Smile will notify you of any material changes by posting the new Privacy Policy on the Website. The privacy and security of your information is important to us. We will never sell, lease, share, rent, or barter any of your Personal Information to anyone outside of 2C2Smile, except as expressly set forth in this Privacy Policy. 2C2Smile shall maintain accurate, pertinent, accessible, confidential, and secure Personally-Identifiable Information, in accordance with privacy and security standards of the Health Insurance Portability and Accountability Act of 1996 and other applicable federal and state standards. If at any time, you wish to stop receiving e-mail or postal mail from us, please know that you are able to opt-out by utilizing the unsubscribe link from the email or by contacting us at [email protected]. Definitions Business Associates: persons or entities that have access to Personal Information as a result of providing service to you the patient, or on behalf of 2C2Smile. Confidentiality: Confidentiality only becomes an issue once the person’s Personal Information has been received by another entity. Confidentiality is a means of protecting that information, usually by safeguarding it from unauthorized disclosure. Disclosure: The release, transfer, provision of, access to, or divulging in any other manner of information outside of the entity holding the information. HIPAA: Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) is a comprehensive legislation that ensures access to health coverage for those who change jobs or are temporarily out of work and establishes regulations for the use and disclosure of PHI and national standards for electronic health care transactions. Personal Information: PHI and PII. PHI (“Protected Health Information”): any information about you created or received by a physician or other health care provider which identifies you in any way and which relates to your health or payment for your care. PII (“Personally-Identifiable Information”): any information that can be used to uniquely identify, contact, or locate an individual. Privacy: the right of an individual to control his or her personal information and to keep it from being divulged or used by others against his or her wishes. Using and Processing: Includes using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally. Security: Applies to the spectrum of physical, technical, and administrative safeguards put in place to protect the integrity, availability, and confidentiality of information and the systems in which it is stored. Service or Services: Telling the stories of people in need of oral surgery and related procedures and connecting them with others who wish to help by providing their financial support. NOTICE OF PRIVACY PRACTICES Why We Collect User Information Our goal is to provide you with personalized Service to better address your needs. We are therefore continually looking for ways to improve our Service. In general, we may want to collect information to better help support communications with individuals who have used our Services, to understand our marketing and promotional efforts, to analyze user behavior, or any other communication efforts. By gathering information about user interests and preferences, we can devise correspondence, products and services that might specifically interest you. What Type of Personally-Identifiable Information do we collect? We may request information from you in a variety of ways and from different areas. When you request information, communicate to our support team, we need to acquire your contact information, such as email address, phone numbers and physical address. All requests for Personal Information will be limited to the minimum amount of information needed to accomplish the purpose of the request for performing the Services. Occasionally, we may invite you to complete optional surveys. The data gathered from these surveys will be used to improve and enhance our products and service offerings. We may also use your contact data from these surveys to send information about new 2C2Smile products and services, or promotional materials from our related partners. We will never disclose your Personal Information to a third party outside 2C2Smile unless it is necessary to provide it for administration of the Services. What Type of Non-Personally-Identifiable Information do we collect? We may request certain non-personally-identifiable information from you. Non-personally-identifiable information is information that does not identify you personally. For example, our Website may automatically recognize your domain name, internet protocol (“IP”) address, browser version, operation system, and which pages you have visited on our Website. We may use the non-personally-identifiable information that we collect from you to improve our service to you and enhance our Website. We may also use the non-personally-identifiable information that we collect for other business purposes. We may combine your Personal Information with non-personally-identifiable information and aggregate it with information collected from other users to attempt to provide you with a better experience, to improve the quality and value of the Service and to analyze and understand how our Website and Service are used. We may also use the combined information without aggregating it to serve you specifically, for instance to deliver a product to you according to your preferences or restrictions. When you visit the Website, whether as a subscriber or a non-registered user just browsing, our servers automatically record information that your browser sends whenever you visit a Website (“Log Data”). This Log Data may include information such as your computer’s IP address, browser type or the webpage you were visiting before you came to our Website, pages of our Website that you visit, the time spent on those pages, information you search for on our Website, access times and dates, and other statistics. We use this information to monitor and analyze use of the Website and the Service and for the Website’s technical administration, to increase our Website’s functionality and user-friendliness, and to better tailor it to our visitors’ needs. We also use this information to verify that visitors to the Website meet the criteria required to process their requests. We do not treat Log Data as Personal Information or use it in association with other Personal Information, though we may aggregate, analyze and evaluate such information for the same purposes as stated above regarding other non-personally-identifiable information. Like many Websites, we use “cookies” to collect information. A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes. We use cookies for two purposes. First, we utilize persistent cookies to save your registration ID and login password for future logins to the Website. Second, we utilize session ID cookies to enable certain features of the Website, to better understand how you interact with the Website and to monitor aggregate usage by Entity Users and web traffic routing on the Website. Unlike persistent cookies, session cookies are deleted from your computer when you log off from the Website and Service and then close your browser. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the Websites you visit. If you do not accept cookies, however, you may not be able to use all portions of the Website or all functionality of the Service. When and With Whom Do We Share This Information? Our policy is to maintain the confidentiality of Personal Information, except where it is expressly described in this Privacy Policy, or in cases when the law requires disclosure or when we have your permission to do so. We will grant access to Personal Information to each business associate or contractor based on the assigned job responsibilities. The access privileges will not exceed those necessary to accomplish the assigned job responsibilities. 2C2Smile will provide access to Personal Information to the individual who is the subject of such information when the individual requests access within the timeframes required by the HIPAA Privacy Rule. If 2C2Smile does not physically possess the Personal Information but knows where it is located, it will inform the person requesting access to their Personal Information of the location of their Personal Information. From time to time, we may share aggregated statistics of user behavior (e.g., customers, traffic patterns, etc.) with our partners and/or the media. This information is collected through surveys, transactions, and promotions. The information will be aggregated to a level where no personally-identifiable information will be used. The aggregate statistics will not contain any Personal Information. 2C2Smile does not sell, lease, share, rent, or barter personally identifiable information (names, addresses, phone numbers, etc.) to any companies or persons outside 2C2Smile, except as expressly set forth herein. We will disclose Personal Information to government officials and law enforcement agencies when it is required by law (e.g., in compliance with a subpoena or court order) or if we believe in good faith that such action is appropriate and necessary to protect and defend the rights of 2C2Smile, or to protect the safety of 2C2Smile users and the general public. Because of the uncertain regulatory environment associated with privacy issues, we may also be forced to disclose Personal Information and other information to the government. In the event of a change in control resulting from, for example, a sale to, or merger with, another entity, or in the event of a sale of assets or bankruptcy, 2C2Smile reserves the right to transfer your Personal Information to the new party in control or the part acquiring assets. We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Website-related services (e.g., without limitation, maintenance services, database management, web analytics and improvement of the Website’s features) or to assist us in analyzing how our Website and Service are used. These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose. Your information may be transferred to – and maintained on – computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide information to us, 2C2Smile transfers Personal Information to the United States and processes it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer. Use And Disclosure of PHI As a partner of your health care provider, 2C2Smile will use and disclose your PHI. 2C2Smile protects the privacy of this information, and it is also protected from disclosure by state and federal law. In certain specific circumstances, pursuant to this Notice, patient authorization or applicable laws and regulations, PHI can be used by 2C2Smile or disclosed to other parties. Below are categories describing these uses and disclosures, along with some examples to help you better understand each category. Uses and Disclosures for Treatment, Payment and Health Care Operations. 2C2Smile may use or disclose your PHI for the purposes of treatment, payment and health care operations, described in more detail below, without obtaining written authorization from you. For Treatment. 2C2Smile may use and disclose PHI in the course of coordinating, or managing your medical treatment, including the disclosure of PHI for treatment activities of another health care provider. Information obtained by 2C2Smile will be used to raise monies for and pay your medical provider for services rendered to you. For Payment. 2C2Smile may use and disclose PHI in order to raise monies for the payment for the health care services to be provided to you. For Health Care Operations. 2C2Smile may use and disclose PHI as part of its operations, including for quality assessment and improvement, such as evaluating the treatment and services you received and the performance of our staff, provider training, compliance and risk management activities, planning and development, and management and administration. 2C2Smile may disclose PHI to attorneys, consultants, accountants, and others to help make sure 2C2Smile is complying with all applicable laws, and to help 2C2Smile continue to provide servics to patients at a high level of quality. Other Uses and Disclosures For Which Authorization is Not Required. In addition to using or disclosing PHI for treatment, payment and health care operations, 2C2Smile may use and disclose PHI without your written authorization under the following circumstances: As Required by Law and Law Enforcement. 2C2Smile may use or disclose PHI when required to do so by applicable law. 2C2Smile also may disclose PHI when ordered to do so in a judicial or administrative proceeding. For Public Health Activities and Public Health Risks. 2C2Smile may disclose PHI to government officials in charge of collecting information about births and deaths, preventing and controlling disease, reports of child abuse or neglect and of other victims of abuse, neglect, or domestic violence, reactions to medications or product defects or problems, or to notify a person who may have been exposed to a communicable disease or may be at risk of contracting or spreading a disease or condition. For Health Oversight Activities. 2C2Smile may disclose PHI to the government for oversight activities authorized by law, such as audits, investigations, inspections, licensure or disciplinary actions, and other proceedings, actions or activities necessary for monitoring the health care system, government programs, and compliance with civil rights laws. Coroners, Medical Examiners, and Funeral Directors. 2C2Smile may disclose PHI to coroners, medical examiners, and funeral directors for the purpose of identifying a decedent, determining a cause of death, or otherwise as necessary to enable these parties to carry out their duties consistent with applicable law. Research. Under certain circumstances, 2C2Smile may use and disclose PHI for medical research purposes. To Avoid a Serious Threat to Health or Safety. 2C2Smile may use and disclose PHI, to law enforcement personnel or other appropriate persons, to prevent or lessen a serious threat to the health or safety of a person or the public. Specialized Government Functions. 2C2Smile may use and disclose PHI of military personnel and veterans under certain circumstances. 2C2Smile may also disclose PHI to authorized federal officials for intelligence, counterintelligence, and other national security activities, and for the provision of protective services to the President or other authorized persons or foreign heads of state or to conduct special investigations. Workers’ Compensation. 2C2Smile may disclose PHI to comply with workers’ compensation or other similar laws. These programs provide benefits for work-related injuries or illnesses. Health-related Benefits and Services; Marketing. 2C2Smile may use and disclose your PHI to contact you to inform you of health-related benefits and services that may be of interest to you, such as disease management programs. 2C2Smile may use and disclose your PHI to encourage you to purchase or use a product or service through a face-to-face communication or by giving you a promotional gift of nominal value. Disclosures to You or for HIPAA Compliance Investigations. 2C2Smile may disclose your PHI to you or to your personal representative, and is required to do so in certain circumstances described below in connection with your rights of access to your PHI and to an accounting of certain disclosures of your PHI. 2C2Smile must disclose your PHI to the Secretary of the United States Department of Health and Human Services (the “Secretary”) when requested by the Secretary in order to investigate 2C2Smile’s compliance with privacy regulations issued under HIPAA. Uses and Disclosures To Which You Have an Opportunity to Object. You will have the opportunity to object to these categories of uses and disclosures of PHI that 2C2Smile may make: Disclosures to Individuals Involved in Your Health Care or Payment for Your Health Care. Unless you object, 2C2Smile may disclose your PHI to a family member, other relative, friend, or other person you identify as involved in your health care or payment for your health care. Other Uses and Disclosures of PHI For Which Authorization is Required. Other types of uses and disclosures of your PHI not described above will be made only with your written authorization, which with some limitations you have the right to revoke in writing. Uses and Disclosures Subject to State and Other Laws. In addition to the federal privacy regulations that require this notice (called the “HIPAA” regulations), there are state and other federal health information privacy laws. These laws on occasion may require your specific written permission prior to disclosures of certain particularly sensitive information (such as mental health, drug/alcohol abuse, or HIV/AIDS information) in circumstances that the HIPAA regulations would permit disclosure without your permission. 2C2Smile is required to comply not only with the HIPAA regulations but also with any other applicable laws that impose more strict nondisclosure requirements. Regulatory Requirements. 2C2Smile is required by law to maintain the privacy of your PHI, to provide individuals with notice of its legal duties and privacy practices with respect to PHI, and to abide by the terms described in this Notice. You have the following rights regarding your PHI: You may request that 2C2Smile restrict the use and disclosure of your PHI. Except as noted below, 2C2Smile is not required to agree to any restrictions you request, but if 2C2Smile does so it will be bound by the agreed restriction except in emergency situations. 2C2Smile is required to agree to a requested restriction for disclosures to a health plan for payment or health care operations purposes relating solely to an item or service that you have paid for out-of-pocket in full. You have the right to request that communications of PHI to you from 2C2Smile be made by particular means or at particular locations. For instance, you might request that communications be made at your work address, or by e-mail rather than regular mail. Your requests must be made in writing and sent to [email protected]. Generally, you have the right to inspect and copy your PHI that 2C2Smile maintains, provided that you make your request in writing to [email protected]. 2C2Smile will inform you of the extent to which your request has or has not been granted. In some cases, 2C2Smile may provide you a summary of the PHI you request if you agree in advance to such a summary and any associated fees. If you request copies of your PHI or agree to a summary of your PHI, 2C2Smile may impose a reasonable fee to cover copying, postage, and related costs. If 2C2Smile denies access to your PHI, it will explain the basis for denial and your opportunity to have your request and the denial reviewed by a licensed health care professional (who was not involved in the initial denial decision) designated as a reviewing official. If you believe that your PHI maintained by 2C2Smile contains an error or needs to be updated, you have the right to request that 2C2Smile correct or supplement your PHI. Your request must be made in writing to [email protected], and it must explain your amendment request to your PHI. 2C2Smile generally can deny your request if your request relates to PHI: (i) not created by 2C2Smile; (ii) that is not part of the records 2C2Smile maintains; (iii) that is not subject to being inspected by you; or (iv) that is accurate and complete. If your request is denied, 2C2Smile will provide you a written denial that explains the reason for the denial and your rights to: (i) file a statement disagreeing with the denial; (ii) if you do not file a statement of disagreement, submit a request that any future disclosures of the relevant PHI be made with a copy of your request and 2C2Smile’s denial attached; and (iii) complain about the denial. You have the right to request and receive a list of certain disclosures of your PHI 2C2Smile has made at any time during the six (6) years preceding your request. The list will not include disclosures for which you have provided a written authorization, and does not include certain uses and disclosures to which this Notice already applies, such as those: (i) for treatment, payment, and health care operations; (ii) made to you; (iii) for 2C2Smile’s patient directory or to persons involved in your health care; (iv) for national security or intelligence purposes; or (v) to correctional institutions or law enforcement officials. You should submit any such request to [email protected] and 2C2Smile will respond to your request. Children’s Privacy 2C2Smile does not purposely collect Personal Information (such as a child’s name or e-mail address) from children under the age of 13 without the permission from the child’s parent or guardian. If we learn that we have Personal Information from a child under the age of 13 without permission from the child’s parent or guardian, we will delete that information. Links The 2C2Smile Website may contain links to other websites. This Privacy Policy does not apply to these linked sites and 2C2Smile is not responsible for, nor do we endorse, the privacy practices or the content of these sites. We recommend that you review the privacy policies that govern those websites when you visit them and prior to entering your Personal Information. Retention of Records 2C2Smile does not retain PHI that was not provided with your written authorization. As such, 2C2Smile will not retain, secure, and maintain any records identified within the HIPAA Privacy Rule. We will maintain financial records for the time required to comply with government regulations, laws or requirements, or made by the 2C2Smile professional liability carrier. Security Precautions Our Website has stringent security measures in place to protect the loss, misuse, and alteration of information under our control. We use secure technology, privacy protection controls, and restrictions on employee access in order to safeguard your information. Please note, while we will continually make every effort to implement safeguards to protect your Personal Information, the very nature of the internet makes it impossible to give a 100% guarantee on the security of transmitted data. 2C2Smile makes no warranties or representations as to the security and confidentiality of any data you transmit. Any data you transmit to 2C2Smile is at your own risk. For instance, any information that you transmit over the internet including via email may be unsecured and unencrypted before it reaches our servers, and you understand that third parties may be able to obtain and use the information. Application of Privacy Policy This Privacy Policy applies to information received from residents of the United States of America and complies with “safe harbor” and accepted industry and regulatory standards within the United States of America. Sanctions 2C2Smile will apply disciplinary sanctions for any personnel members who violate these policies, or any procedures implemented to support these policies. Sanctions include disciplinary actions up to and possibly including termination of employment and possible criminal prosecution. Changes to Privacy Practices? If you feel that we are not abiding by this Privacy Policy or you object to the use of your information being disclosed as described in this policy, you should contact us immediately via email at [email protected]. However, 2C2Smile may be unable, and therefore may refuse to provide continuing service to you, if the restriction you request would interfere with the company providing Services that require such data, in example, fundraising on your behalf. You have a right to possess a copy of this Privacy Notice. 2C2SMILE DONOR PRIVACY POLICY PURPOSE AND SCOPE 2C2Smile (“2C2Smile”) is firmly committed to your privacy and we have implemented practices that protect your personal information as a donor. This Donor Privacy Policy states our privacy practices as it pertains to information collected from you through our Website (www.2c2smile.org, the “Website”). Please see our Privacy Policy for a statement of our privacy practices as it pertains to other personal information collected from visitors to and through our Website and our Website Terms and Conditions of Use as it pertains generally to your use of our Website. Note that the term “Personal Information” as defined in our Privacy Policy may or may not overlap our use of the term “personal information” herein. THIS DONOR PRIVACY POLICY DESCRIBES HOW INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED. PLEASE REVIEW IT CAREFULLY. This Donor Privacy Policy may be updated from time to time. 2C2Smile will notify you of any material changes by posting the new Donor Privacy Policy on the Website. The privacy and security of your personal information as a donor is important to us. We will never sell, lease, share, rent, or barter any of your personal information to anyone outside of 2C2Smile, except as expressly set forth in this Donor Privacy Policy and our accompanying Privacy Policy. 2C2Smile shall maintain accurate, pertinent, accessible, confidential, and secure personal information in accordance with applicable federal and state standards. If at any time, you wish to stop receiving e-mail or postal mail from us, please know that you are able to opt-out by utilizing the unsubscribe link from the email or contacting us at [email protected]. DONOR INFORMATION Sharing 2C2Smile will not sell, trade, rent or exchange its donor list and donor’s personal information with any other organization. 2C2Smile never sends out mailings on behalf of other organizations. 2C2Smile expects vendors to uphold privacy guidelines. If data is shared, a Non-Disclosure Agreement will be entered into with the vendor and the sharing of data is prevented by contract stipulations that are present in contracts between 2C2Smile and our vendors. Collection of Data 2C2Smile collects personal data through event registration, email subscription, online donation services, postal mail, wire transfer, phone and other electronic means. We only collect this information when users submit it voluntarily or through the public domain. If a user prefers not to submit such information online, they may contact 2C2Smile to determine an appropriate channel to transmit this information. From these services, we may collect a person’s first name, last name, email address, company, position, secondary email address, address, city, state, zip code, and phone numbers (home, work, or mobile). We may collect the provided name and email of a spouse, contributor or foundation to facilitate the recognition for a gift. This confidential information is kept on file for tax purposes. 2C2Smile complies with CANSPAM and at any time donors, volunteers, alumni and friends may “opt- out” or be removed from our contact lists and can unsubscribe to emails. 2C2Smile will discontinue contact with any person upon oral or written request. For questions regarding our privacy policy or to contact us to make an “opt-out” request please feel free to contact us at: 2C2 Smile 1318 Redwood Way, Ste 220 Petaluma, CA 94954 Email: [email protected] 2C2Smile will maintain an electronic record in our database of all requests for discontinuance of contacts. Oral requests will be recorded in writing by 2C2Smile staff and will then be permanently recorded in the electronic donor database. Storage of Data Donor information is maintained in a password protected, secured database. Only authorized personnel have access to this information and only for appropriate business purposes. This information is shared with board members and authorized staff, only on a confidential and need-to-know basis. On line Security and Enforcement When we transfer and receive certain types of sensitive information such as online donations and account information, we direct visitors to a secure server, which communicates via SSL encryption and which has been designed to reduce the possibility of interception and hacking. You’ll know that you’re in a secure area of our Website when the “http” portion of the 2C2Smile Website address in your browser changes to “https.” The “s” stands for “secure.” We operate secure data networks protected by industry standard firewall and password protection systems. Our security and privacy policies are periodically reviewed and enhanced as necessary. Only authorized individuals, whom are required to comply with our privacy policy, have access to the information provided by our customers. In addition, our Website has stringent security measures in place to protect the loss, misuse, and alteration of information under our control. We use secure technology, privacy protection controls, and restrictions on employee access in order to safeguard your information. Please note, while we will continually make every effort to implement safeguards to protect your personal information, the very nature of the internet makes it impossible to give a 100% guarantee on the security of transmitted data. 2C2Smile makes no warranties or representations as to the security and confidentiality of any data you transmit. Any data you transmit to 2C2Smile is at your own risk. For instance, any information that you transmit over the internet including via email may be unsecured and unencrypted before it reaches our servers, and you understand that third parties may be able to obtain and use the information. Credit Cards – 2C2Smile is compliant with The Payment Card Industry Data Security Standard (PCI DSS). This is a set of requirements designed to ensure that ALL companies that process, store or transmit credit card information maintain a secure environment. Essentially this includes any merchant that has a Merchant ID (MID). The Payment Card Industry Security Standards Council (PCI SSC) was launched on September 7, 2006 to manage the ongoing evolution of the Payment Card Industry (PCI) security standards with focus on improving payment account security throughout the transaction process. The 2C2Smile finance department manually processes credit card refunds. At all times efforts are made to protect card numbers. The PCI DSS is administered and managed by the PCI SSC (www.pcisecuritystandards.org), an independent body that was created by the major payment card brands (Visa, MasterCard, American Express, Discover and JCB). It is important to note, the payment brands and acquirers are responsible for enforcing compliance, not the PCI council. 2C2Smile does not store credit card numbers. Credit card refunds are processed under strict guidelines. 2C2Smile does not purposely collect personal information (such as a child’s name or e-mail address) from children under the age of 13 without the permission from the child’s parent or guardian. If we learn that we have personal information from a child under the age of 13 without permission from the child’s parent or guardian, we will delete that information. Release of Information 2C2Smile will not use pictures or names of donors without a signed consent form. 2C2Smile currently requires a signed parental/guardian release when utilizing kid’s stories for fundraising or marketing. 2C2Smile may use the story of a child and use a fictitious name to protect their privacy. PRIVACY ENFORCEMENT WITH VENDORS If data is shared with vendors, a Non-Disclosure Agreement will be entered into with the vendor and the sharing of data is prevented by contract stipulations that are present in contacts between 2C2Smile and our vendors. We do not authorize these service providers to use or disclose the information except as necessary to perform services on our behalf or to comply with legal requirements. 2C2Smile may also occasionally ask users to complete surveys for research purposes. There also may be services on our Website that require you to fill out an online form or send 2C2Smile an e-mail message in order to utilize these services. 2C2Smile collects any information that you provide in such circumstances, including any personal information. © 2016 2C2Smile. All rights reserved.