Welcome to the web site of the University at Buffalo Foundation, Inc. and affiliated companies (collectively “UBF”) at www.ub-foundation.org (the “Site”). UBF respects the privacy of each person accessing the Site (a “User”), and this policy covers UBF’s handling of information collected by it in connection with a User’s use of the Site.
In this policy, (a) “personal information” means any information that relates to an individual and that identifies, or can be used in conjunction with other reasonably available information to identify, such individual, and (b) “non-personal information” means any information that is not personal information. Each User is responsible for obtaining all approvals, authorizations, consents and permissions that are required in connection with such User’s providing UBF or any third party with any information (including, but not limited to, any personal information or nonpersonal information of a User, or a spouse, child or other family member of a User) in connection with such User’s use of the Site.
Each User should review this policy carefully, and be sure he or she understands it, prior to using the Site. Use of the Site by a User is deemed to be irrevocable acceptance by such User of this policy. If a User does not agree to this policy, such User should not use, and should immediately terminate use of, the Site.
3. Information Collected
UBF may collect personal information (including, but not limited to, name, e-mail address, home address, phone number and credit card information) and non-personal information in connection with a User’s use of the Site (collectively “Site Data”). No Site Data is obtained from a User, unless it is voluntarily provided. UBF will retain Site Data in its primary and backup files only to an extent that is consistent with the purposes for which it was provided and for UBF’s other legitimate business purposes. A User may refuse at any time to provide Site Data when requested to do so in connection with such User’s use of the Site. However, if a User refuses to provide Site Data, such User may be required to terminate use of the Site or may not be able to access, or otherwise enjoy the benefits of, certain features of the Site.
4. Electronic Communications
A User may from time to time send UBF an e-mail message in connection with such User’s use of the Site. If a User does so, UBF collects such User’s e-mail address and the contents of such message (collectively “Mail Data”). Mail Data will be used by UBF to respond to such User, to send follow-up messages to such User, and for other legitimate business purposes.
Whether or not a User has previously sent UBF an e-mail message, by using the Site, such User consents to UBF’s sending e-mail messages and other electronic communications to such User (a) in connection with such User’s use of the Site, (b) in the ordinary course of UBF’s business, or (c) for any other legitimate business purpose of UBF. Since UBF endeavors to send electronic communications only to persons desiring to receive them, a User can unsubscribe to such electronic communications at any time by contacting UBF as set forth in Section 15, or if applicable, by following the directions contained in such electronic communications.
5. Analytical Data
UBF will use commercially reasonable efforts to protect Site Data and Mail Data from loss or unauthorized access, disclosure and use, but has no obligation to User to protect Analytical Data. Since no transmission over the Internet, or electronic storage, of information is completely secure, it is possible that Site Data or Mail Data could be lost or accessed, disclosed or used without authorization, even if UBF uses commercially reasonable efforts to protect such data. In providing information while using the Site, a User must assume the risk that a loss or unauthorized access, disclosure and use of information could occur, and to the maximum extent permitted by law, such User waives and releases all claims against UBF arising therefrom.
7. Use and Disclosure
All information furnished to UBF in connection with a User’s use of the Site may be used by UBF for any legitimate business purpose, unless expressly stated otherwise in this policy. If UBF expressly states in writing that any such information will only be used for a specific purpose, UBF will only use it for such purpose, unless such User subsequently consents to its being used for another purpose.
UBF may at any time, in its sole discretion, disclose any information furnished to UBF in connection with a User’s use of the Site, whether or not such information was furnished for a specific purpose, to (a) third parties retained by UBF (including, but not limited to, any contractors or vendors of UBF) for any purposes for which UBF could use such information, (b) comply with, or as permitted by, any applicable law or comply with any government request, (c) cooperate with law enforcement, and other third parties, in investigating a claim of fraud, illegal activity or infringement of intellectual property rights, (d) protect the rights, property or legitimate business interests of UBF or a third party, or (e) transfer such information to a third party acquiring all, or substantially all, of UBF’s assets. While any Site Data or Mail Data is in the possession of a third party pursuant to clause (a) of the immediately preceding sentence, UBF will be responsible for such third party’s disclosing and using such Site Data and Mail Data in accordance with this policy.
Analytical Data will only be used by UBF (a) to record the use of the Site by a User’s computer, (b) to diagnose problems with the Site, (c) to improve the Site and make the Site more useful to all users, and (d) for other legitimate business purposes of UBF. UBF will collect Analytical Data either directly or by third parties acting on its behalf.
8. Third-Party Sites
UBF does not warrant or represent that any Site Data, Mail Data or Analytical Data will be accurate or error-free, and each User is solely responsible for the accuracy of all Site Data and Mail Data furnished by such User.
10. Applicable Law
This policy is governed by, and construed in accordance with, the laws of the state of New York, without regard to its principles of conflict of laws.
Any complaint by a User regarding any Site Data, Mail Data or Analytical Data or otherwise relating to this policy (including, but not limited to, any claim of a breach by UBF of this policy) must first be submitted to UBF as set forth in Section 15, and UBF must be given a reasonable opportunity of not less than 60 days to investigate and respond to such complaint. Upon UBF’s completing such investigation and so responding, UBF and such User must then attempt, in good faith, to promptly resolve any remaining aspects of such User’s complaint. If any aspect of such User’s complaint remains unresolved after a reasonable period of time, and such User decides to pursue other remedies, such User may, within one year after UBF initially responded to such complaint, only commence litigation against UBF in connection with the unresolved portion of such complaint in a court having subject matter jurisdiction over such complaint and located in Erie County, New York. A User consents to any such court’s being a proper venue for such complaint and waives any right to object to such court’s being an improper venue, whether for convenience or otherwise. IF ANY SUCH COMPLAINT IS SUBMITTED TO A COURT AS SET FORTH IN THIS SECTION, A USER WAIVES ANY RIGHT TO HAVE A JURY TRIAL, AND THE PRESIDING JUDGE SHALL DETERMINE ALL ISSUES OF FACT.
12. Entire Agreement
Whenever possible, each provision of this policy shall be interpreted to be effective and valid under applicable law. If, however, any such provision shall be prohibited by, or invalid under, such law, it shall be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not so modified, it shall be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder of such provision, or any other provision of this policy, being prohibited or invalid.
UBF may revise any provision of this policy from time to time by posting the revised provision so that it is accessible to a User while using the Site, or notifying a User of the revised provision in an e-mail message or other notice sent to such User at the address for such User in UBF’s records. Any such revision will (a) take effect immediately upon such posting, immediately upon such an e-mail message being sent or five days after such other notice is placed in the U.S. mail, with postage prepaid, and (b) apply to all information collected from a User while using the Site after such revision becomes effective. It is a User’s responsibility to periodically check this policy on the Site for revisions to this policy.
15. Additional Information
If a User has any questions or complaints, or desires additional information, regarding UBF’s handling of personal information or non-personal information, or otherwise relating to this policy, such User must contact UBF as follows:
University at Buffalo Foundation, Inc.
Attn: Mr. Edward P. Schneider
P.O. Box 900
Buffalo, New York 14226-0900
©2015 University at Buffalo Foundation, Inc. All rights reserved.