Last updated: March 26, 2021
Account means a unique account created to access our Service or parts of our Service.
Service Provider means any natural or legal person who processes the data on behalf of Pulse. It refers to third- party companies or individuals employed to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist Pulse in analyzing how the Service is used.
General Data Protection Regulation (GDPR) Principles
Pulse complies with the principles of GDPR. The six overall guiding principles are:
Collecting and Using Your Personal Data
1. Types of Data Collected Information Collected by Our Site.
2. Data Usage
General Use. We use your Personal Data in the following ways: (1) to identify you as a user in our system; (2) to improve our Site and the quality of experience when you interact with our Site; (3) to send you e-mail notifications; (4) to respond to your inquiries; and (5) to send you promotional emails related to Pulse Outreach. Creation of Anonymous Data. We may create anonymous data records from Personal Data by excluding information (such as your name) that make the data personally unidentifiable. We use this anonymous Data to analyze request and usage patterns so that we may enhance the content of our Site and improve Site navigation. Pulse reserves the right to use anonymous Data for any purpose and disclose anonymous Data to third parties in its sole discretion.
Disclosure of Your Personal Data
Choices Regarding Your Personal Data
Deleting Your Personal Data. You may request Pulse to delete your Personal Data, but in some cases Pulse may be required to keep this information and not delete it; or to keep this information for a certain time period, in which case Pulse will comply with your deletion request only after Pulse has fulfilled such requirements). When Pulse deletes any Personal Data, it is deleted from the active database, but may remain in our archives. Email firstname.lastname@example.org to request your personal information be deleted or to request a copy of the data or conversations Pulse has retained.
Retention of Personal Data
Length of Retention. Pulse will retain Your Personal Data provided through user-initiated conversations indefinitely. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies. Pulse will also retain usage Data for internal analysis purposes. Usage Data is generally retained for a set period of time, except when this data is used to strengthen the security or to improve the functionality of our Site.
Transfer of Your Personal Data
Security of Your Personal Data. Although we use a variety of industry-standard security technologies and procedures to help protect your Personal Data from unauthorized access, use, or disclosure, no method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, Pulse cannot guarantee its absolute security.
Do Not Track. Do Not Track is a privacy preference that can be configured in certain web browsers (the “DNT Feature”). The DNT Feature, when enabled on a web browser, signals the websites you visit that you do not want certain information about your visit collected. The Internet industry is in the process of defining how to interpret signals sent by the DNT Feature, and Pulse does not currently respond to, or recognize, DNT Feature signals.
Children’s Privacy. Pulse does not address anyone under the age of 13 without parental supervision. We do not knowingly collect personally identifiable information from anyone under the age of 13. If you are a parent or guardian and become aware your child has provided Pulse with Personal Data, please contact us. If Pulse becomes aware of collected Personal Data from individuals under the age of 13 without verification of parental consent, we will take steps to remove that information.
Disclaimers and Limitation of Liability.
Access to Pulse’s Site is provided on a “as is” and “as available” basis, “with all faults” and without warranty of any kind. Pulse, its licensors, and its affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Site and any offered services, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Pulse knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, Pulse, its licensors, and its affiliates make no warranty that (1) the Services will operate properly, (2) that the Services will meet your requirements, (3) that the operation of the Services will be uninterrupted, bug free, or error free in any or all circumstances, or (4) that any defects in the Services can or will be corrected. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed. Pulse and its affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Services. This paragraph will apply to the maximum extent permitted by applicable law. Further, to the maximum extent permitted by applicable law, neither Pulse nor its affiliates, nor any of Pulse’s service providers (collectively, the “Pulse Parties”), shall be liable in any way for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, arising out of or in connection with this Agreement or the Services, or the delay or inability to use or lack of functionality of the Services, even in the event of a Pulse Party’s fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if a Pulse Party has been advised of the possibility of such damages. Indemnity. You agree to indemnify, pay the defense costs of, and hold Pulse and its affiliates, employees, officers, directors, agents, contractors, and other representatives harmless from all claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees, costs, and expert witnesses’ fees) that arise from or in connection with (a) any claim that, if true, would constitute a breach by you of this Agreement or negligence by you, or (b) any act or omission by you in using the Services. You agree to reimburse Pulse on demand for any defense costs incurred by Pulse and any payments made or loss suffered by Pulse, whether in a court judgment or settlement, based on any matter covered by this provision. If you are prohibited by law from entering into the indemnification obligation above, then you assume, to the extent permitted by law, all liability for all claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees, costs and expert witnesses’ fees) that are the stated subject matter of the indemnification obligation above.
Governing Law and Jurisdiction.
You agree that this Agreement will be deemed to have been made and executed in the State of Minnesota, U.S.A., and any dispute will be resolved in accordance with the laws of Minnesota, excluding that body of law related to choice of laws, and of the United States of America. Any action or proceeding brought to enforce the terms of this Agreement or to adjudicate any dispute must be brought in the state or federal courts encompassing Hennepin County, Minnesota. You agree to the exclusive jurisdiction and venue of these courts. You waive any claim of inconvenient forum and any right to a jury trial. Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to this Agreement.
Class Action Waiver.
Pulse Outreach 600 S 9th Street Minneapolis, MN 55404 https://pulse.org/contact/