1. Information We Collect and How We Use It
MHA collects information from several sources. Our web server automatically collects the domain name and Internet Protocol (“IP”) address for each visitor to our websites. We collect information about the usage of our websites, including network location and IP address, web browser, operating system, and other visit details. In addition, we may request or require you to provide personally identifiable information and/or create an account in order to access certain services or engage in certain activities on a website. The information collected depends on how you choose to use our services and our websites, as detailed below.
a. Commonly Accepted Practices
Information collected may be used for commonly accepted practices, including:
1. Product service fulfillment, such as the use of addresses for shipping and credit card information for payment;
2. Sending electronic publications to online subscribers;
3. Administration of our websites and monitoring usage of our websites;
4. Internal operations, such as the use of identity-verification technologies, and the review of server logs;
5. Legal compliance and public purposes, such as subpoena compliance and credit reporting;
6. Registration and participation in MHA products, services, and communities;
7. Marketing of products and services to you by MHA, such as the recommendation of products or the delivery of coupons based upon prior purchases; and
8. Collection of online donations.
b. Information Collected to Create an Account
There are times when MHA may request or require you to create an account with us in order to obtain certain services. In such cases we may collect user name or ID and password information from you. We use this information to verify users’ identities in order to prevent unauthorized access to users’ personal information. MHA allows account holders to elect to have the website remember their login information between visits so they do not have to log in each time. This is done by checking a box labeled “remember me” on the login page. This feature requires the placement of a small text file called a cookie (see next section) on the user’s hard drive. The cookie tells the site that the user has logged in before. As part of registering for some of MHA’s products and affiliates, we may collect contact and demographic information such as your name, address, email address, etc. Certain information may be required in order to complete the registration process.
d. Email Addresses and Mailing Lists
MHA collects and uses the email addresses and mailing addresses of its members (see Section 2. Members’ Information, below) for purposes of providing membership benefits and services to members. In addition, MHA collects email and mailing addresses in connection with registration for and attendance at conferences, webinars and other events, subscriptions for publications, the purchase of products and services, and in other circumstances. We may use your email address or other personally identifiable information to send commercial or marketing messages to you regarding MHA’s products, services or upcoming events. In addition, we may also use your name, mailing address, email address, or other personally identifiable information (i) to send commercial or marketing messages on behalf of our affiliated organization.
Our online surveys may ask respondents for contact, demographic and other personally identifiable information. The ways in which such information may be used or disclosed will be described in the survey materials. We also may use contact information from our surveys to send the user information about products and services of MHA, our affiliated organizations and/or unrelated third parties.
f. Information from Other Sources
The information we collect is gathered from several sources. Such sources may include, but are not limited to: membership enrollment; conference, webinar, distance learning and other event registration; website visits; newsletter subscriptions; and product sales. We may combine the information you submit when using one of our services with information (i) collected from your use of other MHA services, (ii) collected by MHA affiliated organizations, or (iii) obtained from third parties. The combined information may be used in a similar manner to any other information we collect.
2. Members’ Information
Some or all of the information MHA collects from you as part of registrations of certain products and affiliates may be maintained in your account profile.
3. Third Party Links
The MHA may display ads from sponsors or member organizations on the pages of mha.org.
MHA’s websites and publications contain many links to other websites. In addition, MHA and its affiliates may maintain a presence on third-party sites such as Facebook, Twitter, YouTube, Instagram or LinkedIn. These other websites may send their own cookies to users, collect data or solicit personal information. MHA is not responsible for the privacy practices or the content of these other websites. Please check with the other sites to review their privacy policies and how they may collect or use information.
4. Information Sharing
In the unlikely event that MHA or one of its affiliated organizations is acquired, or substantially all of the assets of MHA or one of its affiliated organizations are acquired, by a third party either in a sale, bankruptcy court proceeding or otherwise it is possible that personal information of website users and customers would be one of the assets transferred. In such an event, MHA would take reasonable steps to require the third party to maintain our privacy policies and practices.
In addition, MHA may disclose personally identifiable information to third parties, but only:
(a) to contractors we use to support our business, provided they only use the personally identifiable information for MHA purposes;
(b) to respond to law enforcement requests, where required by applicable laws, court orders, warrants, subpoenas (whether civil or criminal) or governmental regulations.
(c) in situations involving threats to the physical safety of any person;
(d) in connection with joint ventures with third parties; or
(e) as necessary to enforce our rights in connection with the Web Site.
5. Information Security
Please understand that no one can give an absolute assurance that information intended to be maintained as private, whether transmitted via the Internet or otherwise, cannot be accessed inappropriately or unlawfully by third parties. It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a computer. We have taken and will continue to take reasonable steps to ensure the secure and safe transmission of your personal information.
6. Children’s Privacy
The MHA website is not intended for children under eighteen (18) years of age. MHA does not knowingly solicit or collect personal information from or about any such children, and MHA does not knowingly market its products or services to any such children. If MHA becomes aware that it has inadvertently received personal information from a User under the age of eighteen (18), it will delete such personal information from its records.
IF FOR ANY REASON MHA WOULD LIKE TO USE THE INFORMATION YOU HAVE SUBMITTED FOR SUBSTANTIALLY DIFFERENT PURPOSES OTHER THAN THOSE OUTLINED AT THE TIME YOU ORIGINALLY SUBMITTED YOUR INFORMATION, MHA WILL AFFIRMATIVELY REQUEST PERMISSION FROM YOU TO USE SUCH DATA FOR THOSE SUBSTANTIALLY DIFFERENT PURPOSES PRIOR TO USING THE DATA.
8. Accessing and Updating Personal Information
You may request access to your personal information, corrections and/or deletions of the same by using the Contact Information set forth below. We will use reasonable, good faith efforts to promptly address your concerns, subject to legal retention obligations and legitimate business needs.
When making a request, individual users are asked to identify themselves and the information requested to be accessed, corrected or removed. We may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, would be extremely impractical, or for which access is not otherwise required. Correcting or removing data is done free of charge to the user unless doing so requires a disproportionate effort. After deleting your information from active servers, copies may remain in our backup system.
9. Contact Information and Opt-Out Requests
By email at firstname.lastname@example.org
By phone at (517) 323-3443
By mail at: Michigan Health & Hospital Association, 2112 University Park Dr., Okemos, MI 48864
We also welcome users’ requests not to receive certain forms of communication from MHA and third parties and not to have certain information shared with nonaffiliated third parties. If you prefer that we not disclose your personally identifiable information to nonaffiliated third parties, you may request us not to make those disclosures (except as required by law) by contacting us as described above. If you elect to opt out of certain disclosures, we may not be able to offer you certain services and products. Please note that personally identifiable information does not include publicly available information that is lawfully made available to the general public from federal, state or local government records, widely distributed media or disclosures to the general public required by law.
The Michigan Health & Hospital Association, its subsidiaries and affiliates (referred to as a group as “MHA”) operate various websites, including, without limitation, MHA.org.
- The term “Content” is used in the Terms to refer to all content on the Site, including without limitation data, designs, text, files, graphics, pictures, video, information, applications, software, and other materials, and their selection and arrangement.
- The term “Services” is used in the Terms to refer to the Site and all MHA products, software and services provided on or through the Site.
- The term “User” is used in the Terms to include any party visiting or viewing the Site or the Content; sending or supplying information to the Site or MHA; or uploading, publishing or displaying information on or through the Site.
By using the Services or visiting the Site, you, a User, acknowledge and agree that you have read, understand and agree to be bound by the terms and conditions set forth in these Terms.
THESE TERMS FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND MHA. PLEASE READ THE TERMS CAREFULLY.
IN THE EVENT A SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND MHA GOVERNS YOUR USE OF ANY CONTENT OR SERVICES, TO THE EXTENT THE TERMS AND CONDITIONS OF THAT AGREEMENT CONFLICT WITH THESE TERMS, THE TERMS OF THAT AGREEMENT SHALL CONTROL.
BEFORE YOU CONTINUE, YOU SHOULD PRINT OR SAVE A LOCAL COPY OF THESE TERMS FOR YOUR RECORDS.
1. Who Provides the Services
The Michigan Health & Hospital Association is affiliated with other legal entities. These entities may provide Services on behalf of one another or on behalf of the Michigan Health & Hospital Association. You acknowledge and agree that affiliates or other third parties will be entitled to provide Services to you, in addition to the particular MHA entity with whom you contract or interact.
2. Your Use of Services
You agree to use the Services only for purposes that are permitted by (i) the Terms and (ii) any applicable law, regulation and generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other countries). You agree not to access or attempt to access any Services by any means other than through the interface as provided by MHA, unless specifically allowed to do so in a separate written agreement with MHA. You agree not to engage in any activity that interferes with or disrupts the Services, or the servers and networks connected to the Services. You agree not to reproduce, duplicate, copy, sell, trade or resell the Services, unless otherwise agreed to in a separate written agreement with MHA. You agree that you are solely responsible for any breach of your obligations under the Terms and for the consequences, including any loss or damage that MHA may suffer, of any such breach.
3. Code of Conduct
You warrant that you will abide by all applicable local, state, national and international laws and regulations with respect to your use of the Services and that you will not interfere with the use and enjoyment of the Services by other users or with MHA’s management and operation of the Service. Prohibited conduct includes, but is not limited to, the following:
a. You will not send or otherwise post unauthorized commercial communications on the Site.
b. You will not collect Users’ Content or information, or otherwise access the Site, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
c. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on the Site.
d. You will not upload viruses or other malicious code.
e. You will not solicit login information or access an account belonging to someone else.
f. You will not do anything that could disable, overburden, or impair the proper working of the Site.
g. You will not facilitate or encourage any violations of the Terms.
h. You will not post content or take any action on the Site that infringes or violates someone else’s rights or otherwise violates the law.
i. You will not post anyone’s identification documents, protected health information, or sensitive financial information on the Site.
j. You will not tag Users.
k. You will not send email invitations or otherwise market or promote the Services or the Site to non-Users without MHA’s consent.
4. Access to Certain Services
In order to access certain Services, you may be required to provide personal information (such as identification or contact details) as part of a registration process. You agree that any registration information you give to MHA will always be correct and current. You agree not to register for any User account or use the Services on behalf of any party other than yourself unless you have the legal authority to act as an agent on behalf of another individual or entity.
The Services may allow users to connect with each other and communicate using the Services’ messaging service and public forums. PLEASE NOTE: Information you publish on the Services may be available to be viewed by other users. You should not post confidential information without appropriate approvals, and you should never post information that is subject to HIPAA or other laws or regulations.
You acknowledge you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. You agree that you will be solely responsible to MHA for all activities that occur under your account. You agree to immediately notify MHA of any unauthorized use of your password or account.
MHA may charge for certain products and services. The MHA shall provide you notice prior to the application of such fees or any fee increases.
5. Privacy and Personal Information
6. Changes in Services; Denial of Access
The form and nature of the Services which MHA provides may change from time to time without prior notice to you.
MHA may stop providing the Services (or any features within the Services) to you or to Users generally, including by denying access to your account, at MHA’s sole discretion, without prior notice.
If MHA disables access to your account, you may be prevented from accessing your account details or any files or other Content which is contained in your account or accessible through your account. MHA, at its sole discretion, may set fixed upper limits on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service.
7. Content in the Services
You understand that all Content is the proprietary property of MHA, its users or its licensors with all rights reserved. You understand that Content presented to you as part of the Services, including but not limited to Content submitted by third parties and advertisers, as well as User-posted Content, may be protected by intellectual property rights owned by MHA, third-party individuals or other legal entities. You are not allowed to modify, copy, distribute, frame, reproduce, republish, create derivatives based upon, download, display, post, transmit, link, sell, rent, lease, loan or trade any Content, in whole or in part, without written permission from MHA or the rightful Intellectual Property owner, except the foregoing does not apply to your Content that you legally post on the Site. Subject to your compliance with the Terms, you may access and use the Site and the Content and download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact.
MHA reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service, and, in its sole discretion, restrict suspend, or terminate your access and use of the Services, Site and the Content at any time without notice.
8. Proprietary Rights
You acknowledge and agree that MHA, or its licensors, own all legal right, title and interest in and to the Services, including the Content and any intellectual property rights which subsist in the Services, whether registered or not. You acknowledge that the Services may contain information which is designated confidential by MHA and that you shall not disclose such information without MHA’s prior written consent. Nothing in the Terms gives you a right to use any of MHA’s tradenames, trademarks, service marks, logos, domain names and other distinctive brand features. If you have been granted an explicit right to use MHA’s intellectual property in a separate written agreement, you agree that such use shall be in compliance with that agreement. You agree that you shall not remove, obscure, or alter any proprietary rights notices, including copyright and trademark notices, which may be affixed to or contained within the Services. You agree that in using the Services, you will not use any trademark, servicemark, tradename, or logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
9. Content License from the User
You retain copyright and any other rights you already hold in any Content which you submit, post or display on or through the Services. By submitting, posting or displaying the Content you give MHA a perpetual, irrevocable, worldwide, transferable, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly display and distribute any Content which you submit, post or display on or through the Services. You agree that this license includes a right for MHA to transfer, sublicense, or otherwise make such Content available to other companies, organizations or individuals with whom MHA has relationships. You understand that MHA, in performing the required technical steps to provide the Services to its Users, may (i) transmit or distribute your Content over various public networks and in various media; and (ii) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit MHA to take these actions. You confirm and warrant to MHA that you have all the rights, power and authority necessary to grant the above license.
10. Exclusion of Warranties; Disclaimers
MHA DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. MHA FURTHER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE AND ITS CONTENTS AND DOES NOT ENDORSE ANY USER CONTENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” MHA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF ANY USER CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCES TO AND USE OF THE SITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SITE AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ACKNOWLEDGE AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, INCLUDING, BUT NOT LIMITED TO, ADVICE OR INFORMATION REGARDING PROFESSIONAL PRACTICES, STANDARDS OR GUIDELINES, VIA ANY METHOD OF COMMUNICATION, OBTAINED BY YOU FROM MHA SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. MHA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MHA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Services may include hyperlinks to other websites or content or resources. MHA may have no control over any websites or resources which are provided by companies or persons other than MHA. You acknowledge and agree that MHA is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources. You acknowledge and agree that MHA is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.
11. Limitation of Liability
Under no circumstances will MHA or its affiliates be liable to Users for any indirect, incidental, consequential, special or exemplary damages arising from any provision of the Terms or your use of the Site. YOU SPECIFICALLY ACKNOWLEDGE THAT MHA SHALL NOT BE LIABLE FOR USER CONTENT, CONTENT PRODUCED BY THIRD PARTIES AND DISPLAYED ON OR THROUGH THE SERVICES, OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
You agree to defend, indemnify, and hold harmless MHA, its members, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (A) your use of and access to the Site; (B) your violation of any provision of the Terms; (C)your violation of any third party right, including without limitation any copyright, trademark, property, or privacy right; or (D) any claim that your Content caused damage to a third party. This section 13 shall indefinitely survive the termination of the Terms and your use of the Site.
13. Digital Millennium Copyright Act
View information regarding making a claim under the Digital Millennium Copyright Act.
14. No Data Rights
MHA expressly disclaims any liability for lost or deleted Site Content or User Content. You shall not rely on MHA for preservation of any Site Content or User Content, and shall maintain all User Content in a separate manner. All Site Content and User Content is posted on a shared server. Given inherent risks of the internet, you acknowledge that there is no assurance that Site Content or User Content will be kept confidential and there is no assurance that Site Content or User Content will not be lost or deleted.
15. Changes to these Terms
16. Dispute Resolution; Binding Arbitration and No Class Relief
17. Contact Information
If you have any questions or comments about these Terms, please send an email to email@example.com.