Privacy Policy
Overview
This privacy notice will advise you about our guidelines concerning the use of your personal information, including the reasonable efforts we make to protect your personal information in accordance with these guidelines, and about what choices you have concerning our use of such information. Please read this notice carefully.
1.0 Privacy
We keep your private information private by
• Not selling your information. You have entrusted the YMCA of Douglas County, (“The Y”) with your personal information, and we're committed to using it wisely. The Y will not sell, share or otherwise transfer your personal information to anyone without your consent.
• Restricting who has access to your information. The Y takes reasonable precautions to restrict access to your Internet account and personal information only by employees who are authorized to have such access for business purposes. If you have any questions or concerns about our privacy policy, please contact us at 541-440-9622, ext. 201 or ymembership@ymcaofdouglascounty.org.
Please refer to this policy regularly. The Y may need to change this policy from time to time to address new issues and reflect changes on our websites or within YMCA branches. We will post material changes on our websites or otherwise notify you and update the “Last Date Updated” field in the “Revision History” at the bottom of this page so that you will always know our policies regarding what information we gather, how we might use that information, and whether we will disclose that information to anyone.
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Scope of Privacy Policy
This policy applies to the personal information that you provide to The Y, either through our website and mobile applications or in person at a YMCA branch or program site. This policy does not apply to your use of unaffiliated sites to which our websites link. This policy does not apply to Personal
Health Information (“PHI”) collected through the Livestrong at the YMCA Program or any other program offered by The Y that requires the collection of PHI or other HIPPA protected information.
Collection of Personally Identifiable Information
The Y collects personally identifiable information (PII) from you when you voluntarily submit such information to us. The collection of PII may occur in person or on a website or mobile application operated, provided or otherwise controlled by The Y. This information may include your name, home address, email address, telephone number, date of birth, demographic information, sex offender status, membership status, emergency contact information, and other information that we may need to collect in connection with certain events, including but not limited to:
• registration for, or participation in, events, classes, camps, and other activities or programs offered by The Y;
• participation in YMCA Nationwide Membership;
• participation in third-party surveys
• registration for surveys, bulletin boards, discussion groups, requests for suggestions, or other services or activities offered on our website;
• answering your inquiries about our websites, organization, membership, or other services or activities;
• registration as a member of The Y;
• making a pledge or donation to The Y; and
• engagement with our social media.
Collection of Photographs
The Y may also collect your photograph, by capturing your image at the YMCA or scanning your personal identification card, for the purpose of identifying you as a member, volunteer or program participant. Your photograph will not be used for any commercial purpose without your authorization via a signed photo release.
Use and Disclosure of Personally Identifiable Information
If you do provide us with personally identifiable information (PII), The Y may contact you based on the information you provide to communicate with you about YMCA activities that may be of interest to you and your family.
The Y will use its best efforts to never disclose any PII about you to any third-party for purposes unrelated to the YMCA without having received your permission except as provided for herein or otherwise as permitted or required under applicable law.
We do not rent or sell PII, including information provided about children, to third-parties. The Y may share PII with trusted service providers, such as payment processors, technology partners or other providers that need access to your information to provide operational or other support services while you are a YMCA member or program participant. In certain circumstances, we may also share information with select similar nonprofit organizations that may offer activities of interest to you.
We may also provide PII to regulatory authorities and law enforcement officials in accordance with applicable law or when we otherwise believe in good faith that the provision of such information is required or permitted by law, such as in connection with the investigation or assertion of legal defenses or for compliance matters.
Collection of Payment Transaction Information
When you make a payment or donation, we collect information to process the financial transaction and may use that information to contact you in the future about The Y and its programs.
Collection of Non-Personally Identifiable Information
We collect non-personally identifiable information without limitation, through the use of the following types of methodology:
• “Cookie” technology: A cookie is an element of data that a website can send to your browser, which may then store it on your system to help enhance your experience in using our sites and to provide us with technical information about your usage.
• IP address tracking: An IP address is a number that is assigned to your computer when you are on the Internet. When you request pages from our Sites, our servers log your IP address.
• Web beacons: A web beacon, or “clear gif,” is a small graphic image on a webpage or web-based document that a website can use to determine information about a user.
Non-personally identifiable information might include the browser you use, the type of computer you use, technical information about your means of connection to our websites (such as the operating systems and the Internet service providers utilized), and other similar information. Our systems may also automatically gather information about the areas you visit and search terms you utilize on our websites and about the links you may select from within the sites to other areas of the World Wide Web or elsewhere online.
Although an industry-standard do-not-track (DNT) protocol has not yet been established, The Y’s information collection and disclosure practices and the choices it offers to consumers will continue to operate as described in this Policy.
Use of Non-Personally Identifiable Information
We use non-personally identifiable information for our purposes related to running YMCAs and their programs, and, in particular, to administering websites, and, in the aggregate, to determine what technologies are being used. We may also share aggregate, non-personally identifiable information with third-parties.
Collection of Sensitive Information
Where necessary, The Y may collect certain sensitive information from you, including:
• payment card or bank account information to process fees or donations; and
• health information in connection with various fitness programs, programs in which we are responsible for supervising children, health screenings, or other health service events that we may provide from time to time.
Access to sensitive information is restricted to those individuals who have a legitimate need for access. We will not use or disclose your information to third-parties unless such disclosure is necessary to accomplish the purpose for which the information is collected.
Privacy of Children
We are mindful that young people need special safeguards and privacy protection. We realize that they may not understand or be able to meaningfully consent to the provisions of our policy or be able to make thoughtful decisions about the choices that are made available to our adult users. We strongly urge all parents or legal guardians to participate in their children’s exploration of the Internet and any online services and to teach their children about protecting their personal information while online.
To provide the services we offer, we sometimes need to collect certain information about children in both online and offline contexts. If we ask for PII from children under 13 in connection with our online services, where required we will comply with the Children’s Online Privacy Protection Act (COPPA), including taking additional steps to protect the privacy of such information, including:
• obtaining verifiable consent from the parent or legal guardian of the child before collecting or using the child’s PII;
• notifying parents about what PII is being requested and how that PII will be used and/or shared, such as through this policy;
• limiting the online collection of PII from children to no more than is reasonably necessary to accomplish the purpose of the collection;
• giving parents a description of and access to the PII we have collected from their children;
• offering them the opportunity to request that such PII be changed or deleted;
• offering them an opportunity to prevent any further use or collection of information about their children; and
• maintaining reasonable procedures to ensure the confidentiality, security and integrity of the personal information collected.
We may also need to collect certain information about children and minors in an offline context, such as when:
• a parent or legal guardian of a minor signs up for a membership including the child at The Y, or for a program or camp we offer at one of our locations; and
• minors visit our facilities without a membership, where we may collect information about them to be able to contact their parent or legal guardian to notify them of an injury or other issues involving the minor.
Links to Other Sites
Users may find other content on our websites that link to the sites and services of other third-parties. We do not control the content or links appearing on these sites. Third-party sites or services, including their content and links, may be constantly changing and may have their own privacy policies and customer service policies. We encourage you to review the privacy policies of any third-party sites or services before providing any of them with your personal information.
Choice/Opt-Out
If you opt-in to receive information from us, you can change your mind later. If at any time you would like to stop receiving such information or opt out of a feature, you may change your options by contacting ymembership@ymcaofdouglascounty.org. You should be aware, however, that it is not always possible to completely remove or modify information in our databases and servers, although we will make reasonable efforts to do so upon your request, and we are unable to have your information removed from the records of any third-party who has been provided with your information in accordance with this policy.
You may occasionally receive an invitation to participate in third-party administered survey. Individual survey answers are confidential, although non-personally identifiable information is collected and may be disclosed to The Y. If you do not wish to participate in a survey, simply decline to participate when asked.
Personal Data Access and Accuracy
You may contact The Y with inquiries or complaints regarding the use of information about you. We will use reasonable efforts to grant reasonable requests to access data about the requester. We will also make reasonable requests to correct any incorrect or misleading data about the requester.
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Community Guidelines
Guidelines for participants in our social media, blogs, and forums are the same as those for the Y-USA. Guidelines are available at www.ymca.net/community-guidelines.
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Donations
We collect only enough information to process your donation and do not use the information for any other purpose. Your payment information is transmitted to us using a secure internet method that helps ensure the privacy of this information. During the time your payment information resides on our computers, it can only be accessed by authorized personnel.
2.0 Security
The YMCA of Douglas County takes appropriate administrative, technical, and physical measures to safeguard against unauthorized processing of personal information, and against the accidental loss of, or damage to, personal data. However, The Y cannot provide an absolute guarantee of the security of any of our websites or any other site on the Internet.
Consent to Transfer
This YMCA website is operated in the United States. If you are located outside of the United States, please be aware that any information you provide to The Y will be transferred to the United States.
By using YMCA websites, participating in any YMCA services, and/or providing us with your information, you consent to this transfer.
Updating your Personal Information
You can update your personal information by emailing us at ymembership@ymcaofdouglascounty.org or via a written request mailed to:
Membership Services Director
YMCA of Douglas County
1151 NW Stewart Parkway
Roseburg, OR 97471
Please do not send Social Security numbers or other sensitive information to us via unencrypted email.
Text Message Privacy Policy/Terms
Text Message Program Terms & Privacy Policy (“Terms”)
Last updated: 02/08/2021
You agree to receive recurring automated marketing and informational text (e.g., SMS and MMS) messages from YMCA of Douglas County, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. All the different types of messages you may receive (whether recurring marketing messages, on-demand reply messages, or otherwise) shall be known collectively as the "Programs." Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply.
Message frequency will vary. The YMCA of Douglas County reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. YMCA of Douglas County also reserves the right to change the short code or phone number from which messages are sent.
Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. YMCA of Douglas County, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
BY OPTING IN TO OR PARTICIPATING IN ANY OF THE PROGRAMS, YOU ACCEPT AND AGREE TO THESE TERMS, INCLUDING, WITHOUT LIMITATION, YOUR AGREEMENT TO RESOLVE ANY DISPUTES THROUGH BINDING, INDIVIDUAL-ONLY ARBITRATION WITH JURY TRIAL AND CLASS ACTION WAIVERS, AS DETAILED IN THE “DISPUTE RESOLUTION AND ARBITRATION AGREEMENT” SECTION, BELOW (THE “AGREEMENT”).
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Cancellation
If you do not wish to continue participating in any Program or no longer agree to these Terms, you agree to text the applicable Short Code (or regular long code phone number where applicable) or directly reply to any mobile message received from a Program with
STOP, END, CANCEL, UNSUBSCRIBE, or QUIT in order to opt out of that Program at any time. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable and exclusive methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words or phrases other than those set forth above or verbally requesting YMCA of Douglas County to remove you from our list, is not a reasonable means of opting out. You may be subscribed to multiple Programs across different Short Codes or regular long code phone numbers, and therefore you must separately text or reply
STOP to each Short Code or long code phone number from which you wish to unsubscribe.
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GENERAL TERMS FOR ALL PROGRAMS:
Duty to Notify and Indemnify
If at any time, you intend to stop using the mobile telephone number that has been used with any Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying us of such change that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
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YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT (47 U.S.C. SEC. 227), AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
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Cost
Message and data rates may apply. Check with your mobile operator for details.
Supported Carriers
U.S.: *AT&T Wireless, Boost Mobile, Metro PCS, Sprint, T-Mobile, Tracfone, Verizon, Virgin Mobile USA, and C-Spire & Associated Carriers (*carriers do not support MMS alerts, only SMS.) Canada: BCE Inc, MTS, Telus, Eastlink, Rogers, Freedom Mobile, SaskTel Mobility and Vidéotron. We ****may add or remove any carriers from any Program without notice. Also, Programs may not be available on all carriers. ****If your mobile operator is not supported, you will not receive a reply to your messages. Some operators may not support some services at the prices offered. Pre-paid users may not be able to participate - check with your mobile operator. Carriers are not liable for delayed or undelivered messages.
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Support
For support regarding the Program, text “HELP” to the applicable Program’s Short Code or email us at {EMAIL}. Please note that the use of this email address, or texting “HELP” to the Program’s Short Code is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above. In Canada, text “INFO” for contact information of the sender.
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Our Disclaimer of Warranty
The Programs are offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with any Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator, and is outside of our control. We are not liable for delayed or undelivered mobile messages.
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Participant Device & Service Requirements
You must have a wireless device of your own, capable of 2-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
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Participant Age
Children under the age of 13 may not participate in any Program and parents or legal guardians may not agree to these Terms on their behalf. If we become aware that a child under 13 has provided or attempted to provide us with personal information, we will use our best efforts to remove the information permanently from our files. If you are under the age of 18 but at least 13 years of age, you may participate in any Program only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her participation in any Program, including, without limitation, all legal liability that he or she may incur.
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Privacy Policy
We respect your privacy. We will only use information you provide to transmit your mobile messages and respond to you, if necessary. This includes sharing information with our program partners, message content providers, phone companies, and vendors who assist us in the delivery of mobile messages. EXCEPT AS SET FORTH IN THIS SECTION, WE DO NOT SELL, RENT, LOAN, TRADE, LEASE OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH PROGRAMS TO ANY THIRD PARTY. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property. When you complete forms online or otherwise provide us information in connection with a Program, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If in our sole discretion, we believe that any such information is untrue, inaccurate, or incomplete, or you have opted into a Program for an ulterior purpose, we may refuse you access to the Program and pursue any appropriate legal remedies.
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This Privacy Policy and Terms and Conditions is strictly limited to these Programs and has no effect on any other privacy policy(ies) that may govern the relationship between you and us in other contexts.
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Governing Law
This Agreement shall be governed by the laws of the State of New York, without reference to conflict of laws principles. Any suit to enforce this Agreement shall be brought exclusively in the State and U.S. District Courts located in Brooklyn, New York and the Parties hereby submit to the personal jurisdiction of such courts and waive any venue objection.
Miscellaneous
You warrant and represent to us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of any Program shall be subject to these Terms unless explicitly stated otherwise in writing. We reserve the right to change these Terms from time to time. Any updates to these Terms shall be communicated to you. You acknowledge your responsibility to review these Terms from time to time and to be aware of any such changes. By continuing to participate in any Program after any such changes, you accept these Terms, as modified.
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Problems?
If you are experiencing any problems, please email us at agries@ymcaofdouglascounty.org and describe the issue you're having.
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Contact
This message program is a service of YMCA of Douglas County. You may contact a company representative at agries@ymcaofdouglascounty.org
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Dispute Resolution General
In the interest of resolving disputes between you and YMCA of Douglas County in the most expedient and cost effective manner, you and YMCA of Douglas County that any dispute arising out of or in any way related to these messaging terms and conditions ("Messaging Terms") or your receipt of text messages from YMCA of Douglas County or its service providers will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Messaging Terms, or your receipt of text messages from YMCA of Douglas County or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND YMCA of Douglas County ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or YMCA of Douglas County to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim. Arbitrator. Any arbitration between you and YMCA of Douglas County will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Messaging Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting YMCA of Douglas County. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. Notice; Process. If you or YMCA of Douglas County intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). YMCA of Douglas County address for Notice is: 665 Fifth Avenue, 8th Floor, New York, New York 10022, Attn: Chief Executive Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). You and YMCA of Douglas County will make good faith efforts to resolve the claim directly, but if you and YMCA of Douglas County do not reach an agreement to do so within 30 days after the Notice is received, you or YMCA of Douglas County may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or YMCA of Douglas County must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. (e) Fees. If you commence arbitration in accordance with these Messaging Terms, YMCA of Douglas County will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse YMCA of Douglas County for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and YMCA of Douglas County agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or YMCA of Douglas County made within 14 days of the arbitrator's ruling on the merits. No Class Actions. YOU AND YMCA of Douglas County AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and YMCA of Douglas County agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if YMCA of Douglas County makes any future change to this arbitration provision, other than a change to YMCA of Douglas County address for Notice, you may reject the change by sending us written notice within 30 days of the change to YMCA of Douglas County address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and YMCA of Douglas County. Enforceability. If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection (f) above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.
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Changes to Messaging Terms
We reserve the right to terminate or change our messaging program at any time. We also reserve the right to change these Messaging Terms at any time and such changes will be effective immediately upon posting. Your continued enrollment following such changes shall constitute your acceptance of such changes.
Your Acceptance of These Terms
By using the Site, you signify your acceptance of our Privacy Policy, your promise to comply with the representations you make and contained in the Privacy Policy and Terms and Conditions, and your understanding of the scope and limitations of the protections provided under the Privacy Policy and Terms and Conditions. If you do not agree to these policies, please do not use our Site. Your continued use of the Site following the posting of changes to these terms will mean that you accept those changes.