Privacy Policy & Terms of Use
Disclaimer of Warranties and Limitation of Liability
Registration; Suspension or Termination of Account
Thank you for visiting the ProX Web Site and any other site that is linked to this privacy policy (the “ProX Sites”). The ProX Sites are operated by the Ewing Marion Kauffman Foundation (the “Foundation”) solely for the purpose of supporting a high school student summer internship and learning experience that is being designed and implemented by many different organizations in the Kansas City community under the ProX brand name. By using the ProX Sites, you acknowledge that you have read and are bound by the following Terms, as well as any other Foundation network usage agreements that may govern your conduct. Please do not hesitate to contact the Foundation at the address set forth below if you have questions. If you have questions about this policy, you may contact the Foundation with your question here.
I. Disclaimer of Warranties and Limitation of Liability
Unless specifically stated, nothing contained in or through the ProX Sites other than these legal provisions constitutes, nor is intended to constitute, an offer, inducement, promise, or contract of any kind.
The content provided on the ProX Sites is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Foundation makes no representations or warranties of any kind with respect to the ProX Sites or their content, such representations and warranties being expressly disclaimed. The Foundation does not warrant that the functions contained in the material will be uninterrupted or error-free, that defects will be corrected, or that the ProX Sites or the servers that make them available are free of viruses or other harmful components.
Moreover, the Foundation does not represent or warrant that the content of its ProX Sites is accurate, complete, or current for any specific or particular purpose or application. The ProX Sites are not intended to provide nor should anyone consider that they provide legal, accounting, tax, or other advice. Such advice should only be rendered in reference to the particular facts and circumstances appropriate to each situation. The Foundation encourages you to contact appropriate professional(s) and consultant(s) to assess your specific needs and circumstances and to render such advice accordingly. In addition, the Foundation is not endorsing or recommending the use of the means or methods contained on or through the ProX Sites for any special or particular purpose.
In addition, any links to non-Foundation information or references to unaffiliated organizations are provided as a courtesy and convenience to you. Such links and references are not intended to, nor do they constitute, an endorsement of the linked materials or the referenced organizations by the Foundation. The content and views on such links and of such organizations are solely their own and do not necessarily reflect those of the Foundation, or the organizations' officers, directors, or associates.
In no event will the Foundation or any of its officers, trustees or associates be liable for any damages - whether direct, indirect, special, general, consequential, for alleged lost profits, or otherwise - that might result from any use of or reliance on materials or links made available on or through the Foundation's ProX Sites.
II. Privacy Policy
Respecting the privacy of the visitors using the ProX Sites is a priority for the Foundation. The following statements will help you understand how the Foundation collects, uses, shares and safeguards the personal information you provide to us on the Pro Sites.
Please note that this policy applies only to the ProX Sites and not to any other organizations' Web sites to which we link. Remember that when you use a link to go from a Foundation Site to another Web site or data collection, the Foundation's Privacy Policy is no longer in effect. Your browsing and interaction, as well as the collection of data, by any other Web site or databases, including Web sites and databases to which the ProX Sites links, is subject to that Web site's or data collector’s own rules and policies. Please read those rules and policies before proceeding. The Foundation does not make any representations about the practices and policies of any organization or Web site we link to and disclaims any liability or responsibility for such other Web site's content, rules, policies or otherwise.
Types of Information We Collect
The types of information that may be collected through the ProX Sites include: (1) Voluntary Registration information, which is personal information you knowingly choose to disclose that is collected on an individual basis (for example contact and log in information, individual or organization demographic data, you provide through voluntary registration); and (2) Information about your usage of the ProX Sites.
In some instances, the Foundation may use a third-party payment processing system to facilitate payment, but the Foundation will not take possession of credit card numbers, banking information, and billing addresses through the ProX Sites.
(1) Voluntary Registration
Visitors to any of the ProX Sites may knowingly choose to provide personal information to the Foundation or other parties through the sites in order to do any of the following activities. How the information is treated differs based on the type of information provided.
Employer Participation Data: Individuals that work for employers that are interested in learning more about ProX may be asked to complete a data entry form that is accessible through the ProX Sites. Such forms may request that individuals voluntarily provide their name, email address, telephone number, and other pertinent information. The information entered on this form will not be retained by the Foundation, but will instead be entered into a data management system that is owned and operated by Big Picture Learning, Inc., through its ImBlaze service (“ImBlaze”). ImBlaze is the platform that is managing the collection of data about employers for the ProX initiative. ImBlaze has committed to the Foundation that it will share personal information provided with various organizations participating in the ProX initiative solely for the purpose of facilitating an employer’s participation in, or learning more about, the ProX initiative. However, any personal information collected for this purpose will be subject to the privacy policies of ImBlaze and not the Foundation. The Foundation will not take possession of any such personal information and will not exercise control over it and does not make any representations as to how such information will be safeguarded. Please contact ImBlaze at info@imblaze.org if you have questions about this information.
Student Participation Data: Students that wish to participate in the ProX program will complete an application that is accessible through the ProX Sites. Such forms may request that individuals voluntarily provide their name, email address, telephone number, and other pertinent information. The information entered on this form will not be retained by the Foundation but will instead be entered into a data management system that is owned and operated by Big Picture Learning, the organization that is managing the collection of data about student participants in the ProX initiative. Big Picture Learning has committed to the Foundation that it will share personal information provided with various organizations participating in the ProX initiative solely for the purpose of facilitating a student’s participation in, or learning more about, the ProX initiative. Students and their parents or guardians will be asked to provide additional consents for the use of data in the ProX program as they increase their activity in the ProX program. However, any personal information collected through the ProX Sites will be subject to the privacy policies of ImBlaze and not the Foundation. The Foundation will not take possession of any such personal information and will not exercise control over it and does not make any representations as to how such information will be safeguarded. Please contact ImBlaze at info@ImBlaze.org if you have questions about this information.
Registering for Communications: Individuals interested in learning more about the ProX program or other programs offered by the Foundation may be asked to voluntarily provide their name, email address, telephone number, work address, and other pertinent information. Such individuals may also indicate topics of interest or provide answers to other questions asked through a data entry form, which will assist the Foundation in tailoring Foundation content to your needs. Visitors who supply information will be included in the Foundation’s ProX contact database and its general contact database, from which the Foundation will send emails and other communications consistent with the interests individuals indicate and the Foundation’s charitable purposes. The ProX Sites will present you with a consent statement that documents the purposes for which the Foundation will use that information. The Foundation will use the information you provide in accordance with this consent statement.
You may have your name removed from any of our emailing lists at any time, by following the unsubscribe instructions at the bottom of every email.
If you have questions about the use of the information, please contact the Foundation at contact@kauffman.org.
Demographic Information: In some instances, the Foundation may collect demographic information from individuals that are using the ProX Sites, registering for an event or otherwise participating in a Foundation program. This information will be voluntarily provided by you. While this information will be voluntarily provided by you, the Foundation uses this information only to evaluate the effectiveness of its own programs, activities, and efforts with respect to diversity, equity, and inclusion. The Foundation does not use demographic information to determine who may attend an event, receive a grant, participate in a Foundation program, work for the Foundation, or for any unlawful purposes.
(2) Site Interaction Information
As is true of most Web sites, the Foundation’s ProX Sites track navigation information in order to optimize the ProX Sites and the content presented on them. In some instances, the Foundation may also link this automatically-collected data to personal information the Foundation already has about you. Any ProX Sites Usage information that is related to personal information about you is used to improve your experience on the ProX Sites and to highlight information that the Foundation believes you may find relevant or informative. The Foundation may also link this information to a particular individual or combine it with personal information if the Foundation has determined that it needs to identify a user because of safety or security issues or to comply with legal requirements.
The ProX Sites Interaction Information the Foundation may collect could include the following types of information.
Log Files
As is true of most organizations that operate Web sites, the Foundation gathers certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, on-site bookmarks, on-site subscriptions, clickstream data, and site navigation history. We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users' movements around the site, and to gather information about the Foundation’s user base as a whole. The Foundation may collect this information even if you are not registered on any of the ProX Sites.Cookies
To enable us to offer you the best possible experience when you visit the Foundation's ProX Sites and to offer continually updated information, the Foundation assigns you a unique identification number stored in a file on your computer called a "cookie." Cookies by themselves cannot be used to find out the identity of any user. This unique identification number automatically identifies your browser - to Foundation computers whenever you interact and the ProX Sites.The cookies automatically gather certain usage information like the numbers and frequency of visitors to the Foundation's ProX Sites and areas visited on the ProX Sites. The Foundation uses such data in the aggregate. This collective data helps the Foundation determine how much constituents use parts of the ProX Sites, so the Foundation can ensure the ProX Sites are appealing to as many people as possible.
E-mail Tracking
When a user signs up to receive information or mailings from the Foundation through the ProX Sites, the Foundation uses clear gifs, web beacons, or other e-mail tracking devices to measure the activity of the e-mail, including when a user clicks on a link within an e-mail and if the message is forwarded. This information is tied to a user’s e-mail address when stored.Aggregation of Data
The Foundation may aggregate the above information about ProX Sites usage and program interaction with similar information from other users of the ProX Sites and the Foundation will use this aggregated information in order to improve the ProX Sites and the Foundation’s programs.
Information Sharing and Disclosure
The Foundation may share the information you provide to it through the ProX Sites with third parties solely to facilitate your participation in the ProX program.
Except as set forth in this privacy policy, the Foundation does not rent, sell, or share any personal information about individual users with any third party except (i) to operate the ProX Sites, (ii) to facilitate your participation in the ProX program, and (iii) to send you information consistent with the Foundation’s charitable purpose(s).
The Foundation occasionally retains other companies to provide services on our behalf and to enable it to help facilitate the implementation of the ProX program, including ProX design and implementation firms, packaging and mailing, answering customer questions about products or services, sending and tracking postal mail, or email and processing data. We will only provide those companies the information they need to deliver the service, and they are prohibited from using that information for any other purpose.
In limited instances, the Foundation may retain contractors to conduct charitable research on its behalf that is related to the Foundation’s charitable purposes (for example to conduct a survey or evaluate Foundation research information). In these instances, the Foundation may provide access to the contractor to perform the research. Any data shared as set forth in this section will only be disclosed with the expectation that the information be held in confidence by the contractor, that it be used solely for the Foundation’s benefit, and that the third party is not entitled to use the personal information for its own purposes.
The Foundation reserves the right to disclose your personal information to respond to a subpoena, court order, or other legal process, to defend the Foundation against legal claims, or if the Foundation determines it is necessary to investigate or take action in connection with activities that the Foundation suspects are illegal, threaten the safety of any person, or are in violation of these Terms.
Your Consent
By using the ProX Sites, you consent to the collection and use of information by the Foundation and its affiliated entities as outlined in this Privacy Policy. If the Foundation changes its privacy policies and procedures, it will post those changes on this page so that you always have the opportunity to be aware of what information the Foundation collects, how it uses that information, and under what circumstances that information may be disclosed.
III. Registration; Suspension or Termination of Account
Registration
To access certain information and functionality, you must register on the ProX Sites and open a user account ("Account"). You are responsible for maintaining the confidentiality of the user name and password associated with your Account and for all activity under your Account, and you may not transfer your Account to another party. You warrant that all information you provide to the Foundation is accurate and you are requested to update your Account as necessary to keep it accurate and complete.
Suspension or Termination of Account, Access or Group Activity
The Foundation reserves the right in its sole discretion to suspend or terminate your Account or to block access to the ProX Sites at any time (i) if it suspects that you have not complied with these Terms, (ii) if the Foundation receives multiple notices of infringement in accordance with the Digital Millennium Copyright Act relating to your Account(s), or (iii) for other reasons that the Foundation determines in good faith are necessary or appropriate, including if the Foundation suspects you are using or attempting to use the ProX Sites in any way that violates any applicable laws or regulations. The Foundation may also suspend or terminate your Account for prolonged inactivity in your Account. We may also terminate your access to or administrative rights in any User Input Room (as defined in Section IV (i)) for any of the above reasons. You agree that the Foundation is not and will not be liable to you for any loss or damages that may result from its refusal to provide you access to the ProX Sites. You may terminate your Account at any time.
IV. Dispute Resolution
Governing Law
These Terms and the resolution of any dispute related to these Terms or the ProX Sites shall be governed and construed in accordance with the laws of the United States and the laws of the State of Missouri applicable to contracts executed and performed within Missouri, without giving any effect to any conflict of laws rules that may result in the application of the laws of any other jurisdiction. These Terms are deemed executed and enforceable in the State of Missouri.
Binding Arbitration
If a dispute arises between you and the Foundation, each party irrevocably agrees to (i) resolve the dispute through binding arbitration conducted in Kansas City, Missouri, in accordance with the rules of the American Arbitration Association ("AAA"), (ii) bring any dispute to enforce arbitration under these Terms or to pursue injunctive relief exclusively in the federal and state courts located in Jackson County, Missouri, United States of America, and (iii) submit to the exclusive jurisdiction of those courts and waive any objection to the exclusive jurisdiction of those courts based on forum non conveniens or other grounds. Each party will be responsible for its expenses and an equal share of the arbitrators' and administrative fees of arbitration. Notwithstanding the foregoing, each party will have the right to seek temporary injunctive relief if it determines it is necessary in order to prevent irreparable harm (including infringement of any intellectual property). You agree that regardless of any statute or law to the contrary, any claim, or cause of action arising out of or related to use of the ProX Sites or these terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
V. General Provisions
Assignment
You may not assign these Terms or any of your obligations under them without the Foundation's prior written consent and any attempted assignment is null and void. The Foundation may assign these Terms and any of its obligations under them at any time for any reason.
Electronic Communications; Binding and Entire Agreement
You agree that (i) these Terms constitute an agreement "signed by you" under any applicable law; (ii) any notices or other communication regarding your use of the ProX Sites may be provided to you electronically (by posting on the ProX Sites, by email, and other electronic formats) and will be considered received upon posting or other distribution.
These Terms (including the Privacy Policy) constitute the entire agreement between you and the Foundation and supersede all other agreements, oral or written, concerning its subject matter. You consent to the use of the English language in these Terms and all documents or notices relating to them and your use of the ProX Sites.
Severability
If any of these Terms is determined to be invalid, void, or unenforceable for any reason, then the unenforceable provision will be deemed amended in a manner that will most nearly carry out the intent of the provision to the fullest extent permitted by applicable law or deleted if amendment is not possible, and the remaining Terms will be enforceable to the fullest extent permitted by law.
No Waiver
The Foundation's failure to enforce these Terms in every instance in which they might apply is not a waiver of any of the Foundation's rights, and the Foundation reserves its right to take all legal steps available to enforce these Terms.
Site Intended for U.S. Residents
The ProX Sites are intended for and directed to residents of the United States and all advertising claims contained in the ProX Sites are valid only in the United States.