Legal Notice & Disclosure
Effective as of May 06, 2020
What personal data do we collect?
We may collect personal data about you when you visit our website, donate to the Danforth Center, use our services or that of a third party provider, or otherwise communicate or interact with us.
Info you provide to us
Depending on the method of interaction with us, you may provide information to us including, but not limited to, the following:
- Personal details
- Postal address;
- Telephone number;
- Date of birth;
- Email address;
- Marital status
- Transaction information
- Products purchased or donation made;
- Methods of payment;
- Payment details
- Professional Information (e.g. affiliations, memberships, credentials and certifications)
- Employment details (e.g. work history, professional accomplishments)
- Information about your preferences
- Communications you send to us (e.g. email exchanges and survey responses)
- Other personal information you choose to provide to us when you interact with our site, use our services or interact with us.
Information we obtain through automated means by your use of our services
We may use automated technology to collect information from your computer system or mobile device when you use our website, online services or those of our partners, or otherwise interact or communicate with us. Automated technology may include cookies, local shared objects, and web beacons. Some of the information automatically collected may include:
- IP address;
- Internet Service Provider;
- Date and time of access;
- Device operating system and browser type;
- Location information;
- Online identifiers;
- Mobile device information
Information from other sources
We may receive personal information from third party sources, such as personal and contact information as described above, and incorporate it with your personal information. For example, we use Eventbrite to collect event registration responses. Eventbrite tools are used to collect contact and biographical information from event registrants so that past participants can be invited to upcoming events and receive general communications about the Danforth Center. In addition, we may generate personal information about you including notes from interactions with you, and photographs and videos taken at public events. If we receive personal information from a third-party or other source, we will treat that information as your personal information.
Cookie and other technologies
A cookie is a small text file that is placed onto an Internet user’s web browser or device to remember or obtain information about the user.
We may use these technologies to:
- Uniquely identify you or your device;
- Allow access to and use of our online services;
- Help customize your user experience;
- Help us monitor the performance of our online services;
- Further system security where appropriate;
- To market to you through targeted advertising; or
If you do not wish to receive a cookie or if you wish to be notified when you receive a cookie, use the options in your web browser to change your cookie preferences. Note, however, that if you disable all cookies, you may not be able to take advantage of all features available on a website.
The Danforth Center uses Google Analytics to understand real time information about the use of the Danforth Center’s website including information about site navigation, page views, traffic, and visitors. You can find out more about Google Analytics information on Google’s website.
The Danforth Center uses Facebook’s tracking cookies to surface advertisements for relevant content. For example when you visit the Center’s website while logged in to your Facebook account, you may see an advertisement or news from the Danforth Center the next time you are viewing your Facebook feed.
Why do we collect your personal data?
Services and contracts
To provide our services and to comply with our contract with you by:
- Carrying out your request(s), fulfilling your order(s), processing payment(s) or donation(s), and for our public events;
- Communicating with you about your order(s), purchase(s), account or donation(s);
- Providing online services to you, which include our website;
- Providing customer support.
To achieve the legitimate interests of our business or a third-party by:
- Marketing to you;
- Communicating to you about the work of our organization, our services or those of our partner(s);
- Managing the work of our organization, including developing new services, conducting research, and assessing the effectiveness of our marketing, advertising and fundraising efforts;
- Maintaining, managing, and improving communications and engagement opportunities for supporters, the general public and broader scientific community;
- Maintaining an ongoing relationship with you
- Ensuring the security of our networks, systems and physical facility
To comply with applicable laws and regulations.
With your consent (where required by applicable law), we may use the information we collet for the following purposes:
- Communicate with you via email, phone, mail or text message about our organization
- Communicate with you via email, phone, mail or text message about the efforts of partner organizations
- Provide location-based services
- Provide services to you
Where the processing is based on consent, you have the right to withdraw your consent at any time. This will not affect the validity of the processing prior to the withdrawal of consent.
How do we share your personal data?
We have the right to use or share personal information as necessary to keep in compliance with any law, regulation, or legal request, to protect our online services [and in-office/etc.] technology, to bring or defend legal claims, to protect the rights, interests, safety and security of our organization, our employees, or members of the public, or in connection with investigating fraud or other crime, or violations of our policies.
How long do we keep your personal data?
We retain electronic donor records in perpetuity. Please see your rights below with respect to such donor records and all other personal information collected by us.
What are your rights?
You are responsible for maintaining the accuracy of the information you submit to us. We may allow you to access, review, correct, update, and remove or restrict access to personal information you have provided through your interaction or communication with us.
In certain countries, individuals are entitled to the right to access, correct, transmit, restrict, delete, and object to procession of their personal information we have collected. In these certain countries, individuals are also entitled to withdraw consent to processing of personal information.
Right to be informed
You have the right to obtain confirmation as to whether or not your personal information is being collected and processed.
Right to Access
If your personal information is being collected, you have the right to access the personal information collected from you. If you would like to access the personal information we have collected, please contact email@example.com.
Right to Rectification
You are responsible for maintaining the accuracy of the information you submit to us. You have the right to update and rectify any personal information that is incorrect by [method in which an individual can update/rectify their data].
Right to Erasure
You have the right to request the deletion of your personal information that has been collected by us.
Right to Restrict Processing
You have the right to restrict the processing of your personal information.
Right to Data Portability
You have the right to receive, in a structured, digital format, personal data that concerns you and which you have provided to us. Please contact us at firstname.lastname@example.org to request the delivery of the data provided.
Right to Object
You have the right, on grounds particular to you, to object to the processing of your personal information.
When we receive a request to exercise one of the above stated rights, we will respond to your request as soon as possible, but no later than thirty (30) days from receipt of the request. We will also provide information on the action we intend to take on the request in accordance with applicable law.
How do we secure your personal data?
We are committed to keeping your personal information secure. We take reasonable measures to help protect information about you from loss, theft, misuse, and unauthorized access, disclosure, use, alteration, or destruction. Although we make efforts to protect your information, no website, computer system, mobile application, or transmission of information via the Internet is 100% secure. Further, you are responsible for taking reasonable steps to protect your personal information, such as your password.
Children’s personal data
We do not knowingly collect personal information online from children under the age of thirteen (13). If a child under the age of thirteen (13) has provided us with personal information online, or if, as a parent or guardian of a child under the age of thirteen (13), you believe your child has provided us with personal information online, please contact us at email@example.com.
How do you access and update your personal data?
In order to keep your personal information accurate and complete, you can access or update some of the data by contacting us at firstname.lastname@example.org.
California law permits customers in California to request certain details about how their information is shared with third parties and, in some cases, affiliates for those third parties’ and affiliates’ own direct marketing purposes.
If you are a California resident, you may request information about our compliance with this law by contacting email@example.com. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this e-mail address or mail address.
If you are a California resident under 18 years old, you can request that we remove content or information that you have posted to our website or other online services. Note that fulfillment of the request may not ensure complete or comprehensive removal (e.g., if the content or information has been reposted by another user). To request removal of content or information, please contact firstname.lastname@example.org.
How to contact us
Terms & Conditions
These Terms & Conditions (“Terms”) represent a legally binding agreement between you and The Donald Danforth Plant Science Center (“the Danforth Center,” “we,” “us”, or “our”), and govern your use of and access to www.danforthcenter.org and any other websites, mobile and other applications, or services (each individually a “Site” and collectively, the “Sites”) that post or link to these Terms and the information, features, content, and services that we own, control, or make available through the Sites, whether as a guest or a registered user.
PLEASE READ THE FOLLOWING CAREFULLY, AS IT AFFECTS YOUR LEGAL RIGHTS. THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE THAT REQUIRES THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND. BY ACCEPTING THESE TERMS, YOU UNDERSTAND AND AGREE THAT, YOU ARE WAIVING YOUR RIGHT TO RESOLVE ANY DISPUTE THROUGH OTHER PROCESSES THAT COULD BE AVAILABLE TO YOU.
The Terms may be revised and updated by us from time to time without notice to you. All changes are effective immediately when we post them. Your continued use of the Sites is your acceptance of the revised and updated Terms.
The Service is offered and available to individuals who are 13 years of age or older. By using the Service, you represent and warrant that you are 13 years of age or older. If you do not meet this requirement, you must not access or use the Service and should not send any information about yourself to us through the Service.
Ownership of Content
All content, information, and materials included on the Site, such as text, graphics, logos, images, audio clips, video, data, software, and other material (collectively “Content) is owned or licensed property of the Danforth Center or our licensors or certain other third parties, and is protected U.S. and international copyright, trademark, patent, or other proprietary rights. All Content is the exclusive property of the Danforth Center, and we reserve all intellectual property rights in all Content.
Subject to your strict compliance with these Terms, the Danforth Center grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license for personal, non-commercial purposes to download, display, view, use, print, or copy Content. Accessing, downloading, printing, posting, storing, or otherwise using the Site or any of the Content for any commercial purpose, whether on your own behalf of the behalf of any third party, constitutes a material breach of these Terms.
All rights not expressly granted to you are reserved by the Danforth Center and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of any Content or the Service for any purpose is prohibited.
Unlawful or Prohibited Uses
The Site may only be used for lawful purposes in accordance with these Terms and the license granted in these Terms. As a condition of your use of this Site, you warrant to the Danforth Center that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not:
- make any commercial use of the Site or its Content;
- download, copy, or transmit any Content for the benefit of any other merchant;
- use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Site other than the search engine and search agents provided by the Danforth Center or generally publicly available browsers;
- frame, mirror, or use framing techniques on any part of the Site without our express prior written consent;
- make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing Site content, or otherwise scrape, collect, store, or use any Content, except pursuant to the limited license granted by these Terms;
- use any meta tags or any other hidden text utilizing the Danforth Center name or marks;
- misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that we endorse any statement you make;
- use a buying agent to conduct transactions on the Site;
- conduct fraudulent activities on the Site;
- violate or attempt to violate the security of the Site, including, without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (ii) trying to change the behavior of the Site; (iii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting malware to the Site, overloading, "flooding," "spamming," "mailbombing," or "crashing"; (v) forging any header or any part of the header information in any email or posting; or (vi) forging communications on behalf of the Site (impersonating the Danforth Center Site) or to the Site (impersonating another user);
- send unsolicited or unauthorized email on behalf of the Danforth Center, including promotions and/or advertising of products or services;
- tamper with the Site or use or attempt to use any device, software, routine, or data that interferes or attempts to interfere with the working or functionality of the Site or any activity being conducted on the Site;
- use the Site to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity;
- harvest or collect personally identifiable information about other users of the Site;
- restrict or inhibit any other person from using the Site (including, without limitation, by hacking or defacing any portion of the Site);
- use the Site to advertise or offer to sell or buy any goods or services without our express prior written consent;
- reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes any portion of, use of, or access to the Site;
- modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site; or
- remove any copyright, trademark, or other proprietary rights notice from the Site or materials originating from the Site; or
- otherwise violate these Terms.
Access and Use
If you create, or are provided with, a username, password, or any other piece of information as part of our security procedures, it is for your personal use only. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available to us, including those set forth in these Terms, the Danforth Center reserves the right, in its sole discretion, to terminate your account, refuse service to you, or [cancel order, if applicable].
The Danforth Center may, at any time, suspend, terminate, or modify the availability of the Site and Content, in whole or in part, to any individual, group, or everyone, for any reason and in the Danforth Center’s sole discretion, and without advance notice or liability. Upon suspension or termination of your access to the Site, or upon notice from us, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the Site. The provisions of these Terms, which by their nature should survive your suspension or termination, will survive.
Use and Storage of Personal Data
Except as agreed by the Danforth Center and you in writing, we may periodically delete your Personal Data. Further, data storage is not guaranteed by us and you agree that we will not have any liability whatsoever for any damage, liabilities, losses, or any other consequences that you may incur relating to the loos or deletion of your Personal Data.
You further acknowledge and agree that we may access or disclose Personal Data, including the content of communications stored on our systems, if (i) we believe that disclosure is reasonably necessary to comply with any applicable law, regulation, legal process, or government request, (ii) to enforce our agreements and policies, (iii) to protect the security or integrity of our services and products, (iv) to protect ourselves, our other customers, or the public from harm or illegal activities, or (v) to respond to an emergency which we believe in good faith requires us to disclose data to assist in preventing death or serious bodily injury.
If you believe that any material contained in this Site infringes your copyright, you should notify the Danforth Center of your copyright infringement claim in accordance with the following procedure. The Danforth Center will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this Site’s Designated Agent who is: Hal Davies, or e-mail at email@example.com. To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. 512(c)(3)): 1. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; 4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; 5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; 6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. E-mails sent with subject ‘DMCA” to Hal Davies for purposes other than communication about copyright claims may not be acknowledged or responded to. If your content has been removed from the Site in response to Hal Davies’ receipt of a DMCA Notification as outlined above, and you believe the removal was inappropriate, you may submit a DMCA Counter-Notification by contacting Hal Davies at firstname.lastname@example.org. Please include the following information:
- Your name, address, telephone number and email address;
- A statement that you consent to the jurisdiction of Federal District Court for Missouri, and that you will accept service of process from the person who submitted the DMCA notification or an agent of such person;
- A description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- Your written or electronic signature attesting to the above.
WITHOUT LIMITING THE DANFORTH CENTER’S EXPRESS WARRANTIES AND OBLIGATIONS UNDER THESE TERMS, HEREBY DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THE DANFORTH CENTER’S SITE AND SERVICES ARE PROVIDED “AS IS” TO THE FULLEST EXTENT PERMITTED BY LAW. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
Limitation of Liability
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THESE TERMS (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $___. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. YOU HEREBY WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO THIS SITE BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH SUCH CLAIM OR ACTION IS BASED.
You agree to defend, indemnify, and hold harmless the Danforth Center, its parents and affiliates, together with its respective employees, directors, officers, agents, vendors, and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expense (including reasonable attorney’s fees and expenses) arising out of your use of this Site; your failure to use the Site; your breach or alleged breach of these Terms; or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
These Terms operate to the fullest extent permissible by law. If any provision of these Terms is for any reason deemed invalid, unlawful, void, or unenforceable, that provision will be deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions under these Terms. You hereby waive any applicable statutory and common law that may permit a contract to be construed against its drafter. These Terms are governed by, and construed in accordance with, the laws of the State of Missouri, without giving effect to any principles of conflicts of law.
Except as explicitly stated otherwise, any notices shall be given by postal mail to the Danforth Center at 975 N Warson Road, St. Louis, MO, 63132, or to the email address you provide to the Danforth Center during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to the Danforth Center during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
In the event a dispute arises between you and the Danforth Center, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and the Danforth Center agree that any claim or controversy at law or equity that arises under these Terms or our services (“Claims”) shall be resolved in accordance with the provisions below or as otherwise mutually agreed upon in writing by the parties. Before resorting to formal proceedings, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
All disputes which cannot be resolved between the parties, and causes of action arising out of or connected with the Site, must be submitted to binding arbitration and decided on an individual basis, without the right for any claims to be pursued or decided as a class, consolidated, collective or representative action. The arbitration shall be conducted in St. Louis, MO on a confidential basis pursuant to the Federal Arbitration Act. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. An award of arbitration may be confirmed in a court of competent jurisdiction. You agree that these Terms and all incorporated agreements may be automatically assigned by the Danforth Center in our sole discretion, Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms sets forth the entire understanding and agreement between us with respect to the subject matter hereof.