American Board of Foot and Ankle Surgery
Effective Date: January 15, 2020
PLEASE NOTE THE ARBITRATION PROVISION SET FORTH BELOW, WHICH, EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY LAW, REQUIRES YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE AGAINST ABFAS ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
We may collect the following information from and about you:
- Name, title, phone and/or fax numbers, institute name, address and email address when you sign up for a verification account, register for an exam, or update your profile.
- Name and address when you register for an exam.
- Payment information, including billing address and billing information, when you submit a verification request form, pay annual fees, or register for an exam.
- Name, email address and phone number if you contact us with a question and provide this information to us.
- Other information you provide to us or ask to be provided to us in connection with registration with us or receiving services from us.
- Usage information, such as how you and your device interact with our websites (e.g., the pages you visit, the search terms you enter), is collected through cookies when you use our websites. Please see the “Cookies” section below for more information.
We may also receive personal information from accredited podiatry schools in the US, podiatry residency training programs, and the National Board of Podiatric Medical Examiners.
- Essential. Some cookies are essential in order to enable you to move around our websites and use their features, such as accessing secure areas of our websites. Without these cookies, we cannot enable appropriate content based on the type of device you are using.
USE OF INFORMATION COLLECTED
We use the information we collect from you for the following purposes:
- To provide our Services.
- To send you newsletters.
- To respond to inquiries.
- To process verification requests.
- To improve user experiences by making our websites easier to use and navigate.
- For other purposes where we receive your consent.
- For other legitimate business purposes.
SHARING AND DISCLOSURE OF INFORMATION COLLECTED
We may share or disclose your information to the following categories of third parties and for the following reasons:
- With affiliates and partners, such as the American College of Foot and Ankle Surgeons, the American Society of Podiatric Surgeons, and the American Podiatric Medical Association.
- To third-party service providers, agents or independent contractors who help us maintain our Services and provide other administrative services to us.
- We may share your personal information in the course of any reorganization process including, but not limited to, mergers, acquisitions, and sales of all or substantially all of our assets.
- We may disclose your personal information to law enforcement, government agencies, and other related third parties, in order to comply with the law, enforce our policies, or protect our or others’ rights, property or safety.
COLLECTION AND USE OF INFORMATION FROM CHILDREN
Our Services are not intended for children. We do not knowingly collect personal information from children, and none of our Services are designed to attract children. In the event that we learn that a person under the age of 13 has provided personal information to us, we will delete such information as soon as possible.
THIRD-PARTY LINKS AND SOCIAL MEDIA PLUG-INS
Our Services contain links to other websites. We are not responsible for the privacy practices or content of such other websites. If you have any questions about how these other websites use your information, you should review their policies and contact them directly.
In particular, our Services use the following social media plug-ins: Facebook and LinkedIn. The plug-ins can be identified by the social media buttons marked with the logo of the provider of the respective social media networks. We have implemented these plug-ins using a 2-click solution, which means that when you use our websites, personal information will not initially be collected by the providers of these social media plug-ins. Only if you click on one of the plug-ins will your personal information be transmitted. By activating the plug-in, information is automatically transmitted to the respective plug-in provider and stored by them. We neither have influence over the information collected and processing operations conducted by the providers. Information on the purpose and scope of information collection and its processing by the plug-in provider can be found in the respective privacy policies of these providers, where you will also find further information on your rights and options for privacy protection:
- Facebook Inc., 1601 Willow Road, Menlo Park, California 94304, USA: https://www.facebook.com/privacy/explanation.
- LinkedIn Corporation, 1000 W. Maude Avenue, Sunnyvale, CA 94085, USA: https://www.linkedin.com/legal/privacy-policy?trk=uno-reg-guest-home-privacy-policy.
We implement reasonable security measures to secure your personal information. Please understand, however, that no data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you understand that any information that you transfer to us is done at your own risk. If we learn of a security systems breach we may attempt to notify you electronically so that you can take appropriate protective steps. By using the Services or providing personal information to us, you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of the Services. We may post a notice via our websites if a security breach occurs. We may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.
INTERNATIONAL DATA TRANSFERS
In the event that all or part of our assets are sold or acquired by another party, or in the event of a merger, you grant us the right to assign the personal information collected via the Services.
DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE
- Us, at American Board of Foot and Ankle Surgery, 445 Fillmore Street, San Francisco, CA 94117-3404 or
- You, at the address we have on file for you.
Both you and we agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect, before one arbitrator to be mutually agreed upon by both parties.
CHOICE OF LAW
shall be construed in accordance with the laws of the State of California, without giving effect to any conflict of law principles. Any disputes or claims not subject to the arbitration provision discussed above shall be resolved by a court located in the State of California and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
HOW WE RESPOND TO DO-NOT-TRACK SIGNALS
At this time our websites do not recognize automated browser signals regarding tracking mechanisms, which may include “Do Not Track” instructions.
YOUR CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83 permits visitors to the Services who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us using the contact information provided below.
American Board of Foot and Ankle Surgery
445 Fillmore Street
San Francisco, CA 94117-3404