Privacy Policy

This Privacy Policy (the "Privacy Policy") sets forth the policies of St. Bernard’s School ("St. Bernard’s") with respect to nonpublic personal information you provide to us through this web site (the "Site").  These policies may be changed at any time, without notice, in which case the revised Privacy Policy will apply to information collected after the date the changed Privacy Policy is posted.  By using our Site, you consent to the terms and conditions of this Privacy Policy.
1.  Our Policy.
We recognize the value of your privacy and appreciate concerns you may have about information you provide to us when you visit us online and how we treat that information.  We encourage you to read this entire Privacy Policy as it sets forth our policies with respect to personal information you provide us through our Site.  Personal information refers to information that allows us to identify you, such as your name, address, zip/postal codes, telephone number, organization name if applicable, email address, etc. 
 
2.  Personal Information Collected.
We maintain this Site for informational and fundraising and on-line giving purposes and in order to facilitate your interaction with us.  At our Site, we only collect personally identifiable data when voluntarily and knowingly submitted by a visitor.  You can have general access to our Site and browse pages describing our school without providing any personal information or being required to register at our Site.  However, you may not be able to access all parts of our Site or interact with us online without supplying personal information.  For example, you may need to provide us with your personal information in order to complete online forms or applications or to facilitate your on-line giving.  If you register with the Site you will be provided with a Username and Password which you must provide to us to login and to obtain access to password protected portions of our site.  If you ask to receive additional information, we will ask you to provide us with your personal information so we can contact you to respond to your request.  If you wish to make an on-line donation, we will ask you to provide us with your personal information to facilitate the transaction.  We also will receive your personal information if you submit it to us when you e-mail comments to the Site or if you complete surveys on our Site.
 
3.  Use of Information.
We may disclose personal information that you provide to us to companies that perform services on our behalf.  If such a disclosure is made, we will require such third-parties to treat your private information with confidentiality. 
 
4.  Collection of Non-personal Information.
Visitors to our Site should be aware that non-personal information and data may be automatically collected by our Site through the use of "cookies" and through features integrated in the web server software.  "Cookies" are small pieces of data sent to your computer browser from our web server and stored on your computer's hard drive.  The data identifies you as a unique user and facilitates your ongoing access to and use of the Site.  Cookies are used by us to recognize repeat visitors, frequency of visitor use, store user preferences, and to track information and usage behavior.  By tracking user trends and patterns of how people search, we can better understand our user base.  This helps us deliver better and more personalized services, improve the content and administration of our Site, facilitate use of our Site by visitors and generally enhance your online experience when you visit our Site.  Cookies also help us to diagnose problems with our server.  We use "cookie" technology only to compile aggregate data about your visits to our Site and not to obtain personal information.  We may use this information to collect demographic information and develop statistics about our user base.  Most browsers are initially set up to accept cookies.  You can reset your browser to block all cookies from being loaded onto your computer or to indicate when a cookie is being sent.  Please be aware, however, that refusing cookies can affect the performance of web sites and cause some parts of our Site to not function properly.  Disabling cookies will not completely disable automatic data collection as the web server collects other information of technical nature sent by browsers.
 
5.  Shared Aggregating Data.
We may share aggregate, statistical and other non-personal information with certain other third-parties with which we have a relationship.  For example, we may share aggregate information or statistics obtained from the use of "cookies" or information you provide us as described above, which does not identify you personally, such as user volume and demographics, click-stream patterns and the domain name of the site from which visitors are connecting.  Always remember that the choice to provide us with your personal information is your own and you can elect not to access portions of the Site or use Site features that would require you to submit your personal information to us on our Site.
 
6.  Security.
We are very concerned with the safety and security of your sessions on our Site, the information you provide us online, and any transactions you conduct with us online.  We have implemented and maintain physical, electronic and procedural safeguards consistent with industry standard protocol to help guard your nonpublic personal information, including to protect against the loss, misuse, interception, access and alteration of information you send us.  We restrict access to nonpublic personal information about you to those of our employees and our agents who need to know the information to enable us to provide our services to you and we emphasize to them the importance of maintaining the security, confidentiality and integrity of your personal information.  Unfortunately, however, no data transmission over the Internet can be guaranteed to be 100% secure.  As a result, while we strive to protect your personal information, we cannot guarantee or warrant the security of any information you transmit to or from our Site, and you do so at your own risk.  Once we receive your transmission, we will do our best to protect its security on our systems.
 
7.  Opt Out. 
The Site provides users with the opportunity to opt out of receiving certain communications from us through a special online page.  You may choose to receive specific communications that you select, or none at all.  Although you cannot remove yourself from our database, you can prevent unwanted communication.
 
8.  Children's Online Privacy Protection Act.
We comply with the Children's Online Privacy Protection Act of 1998 ("COPPA").  COPPA requires that web site operators never knowingly request personally identifiable information from anyone under the age of 13 without requesting verifiable parental consent.
 
In accordance with COPPA, we do not knowingly collect any personally identifiable information from children under the age of 13.  We recommend that no one under the age of 18 submit personally identifiable information to our Site.  In the event that we determine that a user of this Site is under the age of 13, we will not maintain or use his or her personally identifiable information.
 
9.  Hyperlinks.
This Site contains hyperlinks or "links" to other sites, and other sites may "link" to this Site.  Web sites linking to and from this Site may have different privacy practices from the ones described here.  We are not responsible for the data collection, privacy and information sharing polices and procedures or the content of such web sites.  This privacy statement applies solely to information collected by this Site.
 
We are not responsible for, and exercise no control over, the organizations, views, or accuracy of the information contained on other sites.
 
ST. BERNARD'S DISCLAIMS ANY AND ALL LIABILITY FOR ANY TYPE OF DAMAGES INCLUDING, BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, OR LOSSES OR EXPENSES, FOR THE ACTIONS AND CUSTOMER INFORMATION PRACTICES OF ANY WEB SITE TO WHICH OUR SITE LINKS OR REFERS. 
 
10.  Questions about Our Policies.
If you have any questions about this Privacy Policy, the practices of the Site, or your dealings with the Site, please feel free to contact us at d_kripal@stbernards.org.
 

Terms of Use
 
All use of the St. Bernard's Site is subject to the terms and conditions set forth below (the "Terms of Use" and, collectively with Privacy Policy, the "Agreement").  These Terms of Use may be changed at any time, without notice, in which case the revised Terms of Use will apply to your use of the Site after the changed Terms of Use are posted.  By using our Site, you consent to the Terms of Use.
 
1.  Registration.
Certain areas of the Site require registration.  In consideration of your use of the Site, you agree that if you register on this Site, you will provide accurate, current and complete information about yourself and will maintain and update such information promptly if any of it changes.
 
Your Username and Password are personal to you, and you are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your passwords or accounts.  You are fully responsible for all activities that occur under your Username and Password.
 
You agree that St. Bernard's may access, preserve and disclose your information if required to do so by law or to: (a) Respond to your requests for service; (b) Comply with legal process; (c) Enforce these Terms of Use; (d) Respond to claims that information you have provided violates the rights of others; or (e) Protect the rights, property, interests, or personal safety of St. Bernard's, its users and the public. 
 
You agree that St. Bernard's may terminate your access to the areas of the Site requiring registration without prior notice if St. Bernard's believes you have violated these Terms of Use, or for any other reason.  You agree that St. Bernard's is not liable to you or any third party for denying you access to any  portion of the Site.

2.  User Conduct.
You may use the Site for lawful purposes only.  You agree not to: (i) Post or transmit any file or computer code or program (for example, viruses, worms, Trojan horses) that could damage or interfere with the operation of any hardware, software or telecommunications equipment; (ii) Violate the security of the Site or attempt to gain unauthorized access to St. Bernard's, the Site, data, materials, information, computer systems or networks connected to any server associated with St. Bernard's, through hacking, password mining or any other means; (iii) Interfere with or otherwise disrupt the proper working of the Site; or (iv) Impersonate any person or entity, or falsely state or otherwise represent an affiliation with a person or entity.
In addition, you agree not to input, distribute, upload, post, e-mail, transmit or otherwise make available through the Site any content that: (i) Is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) You do not have the right to make available under any law or under contractual or fiduciary relationships; (iii) Is harmful to minors; (iv) Constitutes personally identifiable information of any other person that such person has not authorized you to disclose; or (v) Is promotional in nature, including solicitations, or constitutes junk mail, spam, chain letters, pyramid schemes or the like.
 
3.  Hyperlinks.
This Site contains hyperlinks or "links" to other sites, and other sites may "link" to this Site. Web sites linking to and from this Site may have different privacy practices from the ones described here.  We are not responsible for the data collection, privacy and information sharing polices and procedures or the content of such web sites.  This privacy statement applies solely to information collected by this Site.
  
4.  Intellectual Property and Proprietary Rights.
The Site is protected by one or more copyrights, patents, database rights, trademarks, service marks and/or other intellectual property and proprietary rights that are owned by St. Bernard’s, its affiliates and/or third-parties.  You may not decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Site.  You may not publish, broadcast, retransmit, reproduce, repackage, frame, commercially exploit, create any derivative of or otherwise redistribute all or any portion of the Site except as explicitly permitted in the Terms of Use. You may print copies of any accessible portion of the Site only for your own personal use.  You may not remove any copyright, trademark or other proprietary notice or legend contained on (or printed from) the Site.
 
5.  Use of the St. Bernard’s Online Directory.
This password-protected directory is for official school, parent, student and alumni use, and also for individual communication of a personal nature between members listed herein.  Use of this directory for any other purpose, including, but not limited to, reproducing and storing in a retrieval system by any means, electronic or mechanical, photocopying or using the addresses (electronic or otherwise) or other information in this directory for any commercial, political, or advocacy mailing is strictly prohibited and is in direct violation of copyright and constitutes misappropriation of corporate property.  Such unauthorized use may also violate the rights of privacy and/or publicity of individuals listed herein and may constitute tortious interference with contractual relationships related to this publication.
 
6.  Representations and Warranties.
You represent and warrant that you have full authority and all rights necessary to enter into and fully perform all of your obligations pursuant to the Agreement, you have not and you will not enter into any agreement or perform any act which might contravene the purposes and/or effects of the Agreement, and you will not delete any Site content.
 
7.  Technological Problems and Their Impact.
St. Bernard’s is not liable for any technological problems and any impact that they may have.  All or any portion of the Site may not be available and may not function properly at any time.  We make reasonable efforts to avoid technological problems, but at any time the Site may have and may cause technological problems such as viruses and other damaging computer programming routines or engines.  We take reasonable security precautions when using the Internet, telephone or other means to transport data or other communications, but we disclaim liability for any interception of data or communications.  We make reasonable efforts to ensure that the Site is secure but we do not guarantee the security of the Site.  We are not liable for any damage or injury caused by the performance or failure of performance of all or any portion of the Site.  We are not liable for any defects, delays or errors in or resulting from your use of the Site.
 
8.  Disclaimer of Warranties.
St. Bernard’s disclaims all warranties with respect to the site that the law allows it to disclaim. The site is provided "as is" and "as available." We disclaim all representations and warranties, express or implied, of any kind with respect to the site including warranties of merchantability, fitness for a particular purpose, and non-infringement of intellectual property and proprietary rights.  Without limiting our general disclaimer, we do not warrant the availability, accuracy, completeness, timeliness, functionality, reliability, sequencing or speed of delivery of the site or any part of the content.
 
9.  Limitation of Liability.
St. Bernard's liability with respect to the site is limited to the maximum extent permitted by law.  In no event will we or any of our affiliates, agents or employees be liable for any indirect, incidental, special, punitive or consequential damages however caused arising out of the Agreement, the site, or the inability to use the site.  Our liability is limited even if we have been advised of the possibility of the damages that you suffer or if any remedy you have fails of its essential purpose.  Under all circumstances, the maximum liability of St. Bernard’s, its agents and employees to any user of the site with respect to the site is $100.00.  This disclaimer of liability applies to any and all damages or injury, including those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction or unauthorized access to, alteration of or use of any asset, whether for breach of contract, tortious behavior, negligence or under any other cause of action.
 
10.  Indemnification.
You will be responsible for any liability to St. Bernard's that arises out of your breach of the Agreement or your use of the Site.  You agree to indemnify, defend and hold harmless St. Bernard’s and its affiliates, agents, employees and third-party sources from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable attorneys' fees) that arise from or relate to your use of the Site, your breach of the Agreement or any representation, warranty or covenant made by you in the Agreement, your violation of any applicable law, statute, ordinance, regulation or of any third-party's rights, or claims asserted by third-parties which, if proven, would place you in breach of representations, warranties, covenants or other provisions contained in the Agreement.
 
11.  General Conditions.
The failure of St. Bernard's to insist upon strict compliance with these Agreement shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision.  If any provision of the Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions of the Agreement shall remain in full force and effect.  The Agreement constitutes the entire understanding, and supersedes all other understandings, between you and St. Bernard’s concerning the subject matter hereof.

12.  Governing Law and Jurisdiction
This Site is controlled by St. Bernard's.  The Agreement shall be governed by the laws of the State of New York, without regard to the conflict of law principals of such state.
 
13.  Questions about Our Policies.
If you have any questions about this Terms of Use, the practices of the Site, or your dealings with the Site, please feel free to contact us at d_kripal@stbernards.org.