Child Care Finder Terms, Conditions and Privacy Policy
Posted July 26, 2022
Terms of Use
PLEASE NOTE: By using the Service, you agree that you have read and agree to be bound by these Terms of Use, as amended by ECECD and its affiliates from time-to-time, as well as the Privacy Policy. If you do not wish to agree to these Terms of Use, do not access or use any part of the Services. ECECD reserves the right to withdraw or amend the Services, and any service or material it provides on the Services, in its sole discretion without notice. ECECD will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, ECECD may restrict access to some parts of the Services or to users.
TRANSACTIONS
The Services may facilitate the purchase of products or services, including the enrollment in and/or payment for enrichment classes, childcare or similar services. Please see the terms of the applicable offering for details. Any payments are processed by a third party payment processing service provider and the applicable terms and privacy policy for such third party will be available at check-out. ECECD reserves the right to restrict access to the Services as a result of payment issues.
THIRD-PARTY WEBSITES, PRODUCTS AND SERVICES References or links to any third parties or their websites or information are provided only as a convenience to you and do not in any way mean that ECECD endorses, sponsors or recommends any third-party material, product or service. ECECD does not make any representations regarding the content, accuracy, completeness, decency, legality, non-infringement, quality or any other aspect of material on such third-party websites, content, data, information, applications or materials.
If you choose to correspond, participate in a promotion or engage in transactions with any third party found on or through the Services, you acknowledge and agree that ECECD is not a party to, and will not be responsible for, your interaction with such third party, including its treatment of your information and the terms and conditions applicable to any transaction between you and the third party. The terms of your interaction with any third party are solely between you and such third party. You agree that ECECD will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such third parties on the Services. ECECD is not responsible for and does not assume any liability with respect to the content, privacy practices or otherwise of third parties.
COMMENTS AND SUBMISSIONS One or more of the Services may enable features through which you may communicate, post user-generated content or otherwise submit comments or feedback. You understand and acknowledge that you are responsible for whatever content you submit to a Service, including its legality, reliability and appropriateness.
By uploading or otherwise transmitting material to a Service, you warrant that the material is your own, is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to post it to the Service. Any content or opinions included in the Services from third parties are solely the opinions and responsibility of such third parties and ECECD is not responsible for such content/opinions.
PROHIBITED USES You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services in any way that violates any applicable federal, state, or local law or regulation.
OWNERSHIP OF THE SERVICES The Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by ECECD, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may only use the Services for your personal use. Except as expressly permitted in the Services, you may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material in the Services.
The trademarks, logos, designs and slogans appearing on the Services are trademarks of ECECD or its licensors, service providers or affiliates. You may not use such marks without the prior written permission of ECECD or the applicable third party.
DISCLAIMER OF WARRANTIES; LIMITATION ON LIABILITY
ECECD PROVIDES THE SERVICES AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ECECD DOES NOT GUARANTEE THAT THE SERVICES WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SERVICES WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. ECECD IS NOT RESPONSIBLE FOR THE ACTIONS, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE ECECD, ITS EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. ECECD WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
GOVERNING LAW AND JURISDICTION All matters relating to the Services and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of New Mexico, without regard to its choice of law rules.
SEVERABILITY If any of the provisions of these Terms are held to be not enforceable by a court or other tribunal of competent jurisdiction, then such provisions shall be reformed, limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
Posted July 26, 2022
PRIVACY POLICY
ECECD and affiliates (“we,” “us,” “our,” or “ECECD”) are committed to respecting your privacy and adhering to federal and state privacy laws and guidelines in order to protect you and your identity. This Privacy Policy describes how we handle the personal information that you provide to us and we collect through online and digital service activities on: (i) this site and those of our affiliates and component programs (referred to collectively in this Privacy Policy as the “Site”); (ii) mobile applications we may develop or have developed for us; (iii) our social media forums and profiles; and (iv) other digital services in which this Privacy Policy is posted or linked (the items identified in (i)-(iv) are collectively referred to as the “Services”). This Privacy Policy does not apply to information collected by us offline or through any third party website or collected by any third party, including through any application or content (including advertising) that may link to or be accessible from the Site or Services.
When you submit information to or through the Services, you consent to the collection, processing and retention of your information as described in this Privacy Policy. We urge you to read this Privacy Policy and the Terms of Use before using the Services or submitting any information to us. This Privacy Policy is incorporated into and made a part of our Terms of Use. By providing personal information to us or by using the Services, you acknowledge that you understand and agree to the terms of this Privacy Policy and the Terms of Use.
INFORMATION WE COLLECT We collect personal information that you voluntarily provide when you use the Services, such as when you create an account, register for a program, participate in a survey, provide a testimonial, order a product, participate in an interactive feature or forum (such as chat features), or contact us with a question. Depending on the particular Service, we may ask you to provide information about yourself and/or children under your care, including name, address, age, birth date, gender, email address, phone number, photo, zip code, education, professional experience, demographic information, or information about your or your dependents’ health or medical condition. If you submit personal information relating to other people to us in connection with the Services, you represent that you have the authority to do so, and to permit us to use the information in accordance with this Privacy Policy.
You will be informed what information is required and what is optional. If you choose not to provide the required information, you may not be able to participate in the activity that requires the information.
INFORMATION WE RECEIVE FROM THIRD PARTIES From time to time, we may supplement the information we collect from you with information that we receive about you from other sources, such as public databases, providers of demographic information, joint marketing partners, social media platforms, people with whom you are connected on social media platforms, and other third parties. Information we collect could include such things as products and services purchased, obtained, or considered; professional or employment-related information; education information; Internet or other electronic network activity information, including interactions with a website, app, or ad; or your preferences relating to childcare. We may obtain this information in order to verify your contact information, identity, professional credentials, specialty, and/or to provide you with more tailored information about our products and services.
INTERACTIVE TOOLS We may provide interactive tools, including third-party tools, on our websites that allow you to share information with others, such as posts on social media sites or send-to-a-friend emails for the purpose of sending informational and educational materials about ECECD or our products or services. To enable information sharing, we may collect personal information. In some instances, you may also be asked to provide information about another person, such as name and email address, in addition to your own personal information so the content may be shared. We will use this information to fulfill your delivery request. We do not view or store this information for any purpose other than to process your request and to comply with regulatory or legal requirements. Be sure to review the legal notice and privacy policy of third parties who provide interactive tools, such as social media sites, because the policies of those sites may be different from this Privacy Policy.
INFORMATION COLLECTED AUTOMATICALLY We and our service providers may collect basic information about you and your surfing habits automatically through browser navigational tools, cookies, pixel tags and other similar technologies. This includes information about your operating system, your IP address, browser type and language, referring and exit pages and URLs, keywords, date and time, amount of time spent on particular pages, what sections of a website you visit, and similar information concerning your use of the website. Below are descriptions of the online tools we may use to collect this usage information.
Browser Navigational Tools. Certain information is collected by most browsers, such as your computer type (Windows or Mac), screen resolution, operating system name and version, and Internet browser type and version. We may collect similar information, such as your device type and identifier, if you access the Service through a mobile device. We use this information to ensure that the Service functions properly.
IP Address. Your IP address is a number that is automatically assigned to your computer or device by your Internet Service Provider. An IP address is identified and logged automatically in our server log files whenever a user visits the Service, along with the time of the visit and the pages visited. Collecting IP addresses is standard practice and is done automatically by many online services. We use IP addresses for purposes such as calculating Service usage levels, diagnosing server problems, and administering the Service in an optimal format. We may also derive your approximate location from your IP address.
Device Information. We may collect information about your mobile device, such as a unique device identifier, to understand how you use the Service.
Pixel Tags and Similar Technologies. We may also use pixel tags (also known as web beacons, clear GIFs) or similar technologies (collectively, “Pixel Tags”) in connection with some website pages and HTML-formatted email messages to, among other things: track the online activity of users of the Services and our email recipients (including activity on other websites); determine the success of marketing campaigns; and compile aggregate statistics about site usage of the Services and response rates.
Cookies. Cookies are small bits of information that a website sends to your web browser that helps the site remember information about you and your preferences across multiple visits. You can set your browser to accept all cookies, to reject all cookies, or to notify you whenever a cookie is offered so that you can decide each time whether to accept it. If your browser is set to reject cookies, websites that are cookie-enabled will not recognize you when you return to the website, and some website functionality may be lost. If you do not disable Cookies and continue to use our Service, we will infer your consent to their use.
We do not collect personal information automatically, but if you provide us with personal information, we may associate that information with the information collected automatically.
HOW WE USE YOUR INFORMATION
In addition to the uses listed above, we may use your personal information for the following purposes:
Fulfilling and Responding to Requests. We may communicate with you to process, complete and fulfill your requested transactions, or provide our products and services. Our communications may include text messages if you provided a mobile number. We may also personalize and customize the Services and other social media platforms with references to products and/or services that we believe may be of interest to you.
Responding to your Inquiries. We may provide customer service, respond to your questions about applications and other services, verify information provided to us, and determine eligibility for our products, services and programs.
Connecting You with Third Parties. We may provide functionality on the Services that will connect you or allow you to forward and share certain content with another person or organization through the Services. In addition, we may offer access to third-party sharing functionality, such as third-party social media widgets/tools/buttons.
Communications. We may use information that you or third parties provide to inform you of products, programs, services, surveys, promotions, or other interactive features, such as chat features, that we believe may be of interest to you. We may also provide you with newsletters, articles, alerts, announcements, invitations, and other information about education, policies, products and services. You may opt out of receiving such communications, as described in the “Your Privacy Choices and Rights” section below.
Administrative Communications. We may send you important information, such as changes to our terms, conditions, and policies and/or other administrative information. Because this information may be important, you may not opt out of receiving such communications.
Online Services. We collect and use information about how you and other users interact with our online services through our websites, apps, and online tools such as Google Analytics. We use this information in order to compile statistics for analysis of our Services and our business and to make decisions to optimize the experiences we deliver through digital and online channels.
Research. We may use the information we collect from you to better understand our audiences, evaluate user interest in the Services, improve the Services, and perform other market research activities, as well as conduct surveys, identify and recruit individuals to participate in our research programs, interview individuals relating to our research, create directories and compile databases of contact information.
Internal Operational Purposes. We may use information we collect from you to facilitate our business operations, including engaging in communications, services, advertising, and marketing activities, data analysis; auditing, assessing quality and safety, monitoring and preventing fraud, infringement, and other potential misuse of the Services; determining the effectiveness of our promotional campaigns and improving our products, services, and technology; and operating and expanding our business activities.
Legal and Regulatory. We may use any information we believe to be necessary or appropriate under applicable law, including laws outside your country of residence, to meet legal and regulatory requirements, and comply with legal process; respond to requests from public and government authorities, including those outside your country of residence; enforce our Terms and Conditions; protect our operations or those of any of our affiliates; protect our rights, privacy, safety or property, and/or those of our affiliates, you or others; allow us to pursue available remedies or limit the damages that we may sustain, and protect against fraud, suspicious or other illegal activities.
In Aggregated or De-Identified Form. We may use information about you or use suggestions, comments, and ideas that do not personally identify you for any purpose, except where we are required to do otherwise under applicable law. We may combine, aggregate or de-identify any of the information we collect from you with information we may collect from or about you from any other online or offline source and use it for any purpose, including product and service development and improvement activities.
HOW WE SHARE YOUR INFORMATION
ECECD does not sell your personal information to third parties for business or commercial purposes. We may share the personal information that we collect and use it as described in this Privacy Policy and any other applicable privacy notices or opt-ins that you receive.
Affiliated Entities. We may share your personal information among our affiliated organizations for the purposes described in this Privacy Policy.
Service Providers. We may share your personal information with service providers who provide us with services for our websites, as well as other products and services, such as web hosting, data analysis, payment processing, order fulfillment, customer service, infrastructure provision, technology services, email delivery services, credit card processing, legal services, and other similar services. We grant our service providers access to personal information only to the extent needed for them to perform their functions and require them to protect the confidentiality and security of such information.
Collaboration Partners. We may share your personal information with unaffiliated trusted third parties that partner with us to deliver a Service or to support our activities. Depending on the choices you have made and the nature of the joint activity, these third parties may contact you regarding ECECD-related programs, services and promotions that may be of interest to you. However, we do not sell, rent or otherwise share your personal information with any unaffiliated third parties for their own use or marketing purposes.
At your direction. We may share your personal information with other parties with your consent or at your direction.
Other Third Parties. We may share information with third parties, such as information shared when you use interactive features. In addition, cookies, pixels, web server data, and other technologies may involve sharing of information with third parties.
Legal and Regulatory. We reserve the right to disclose your personal information as required by law, when we believe disclosure is necessary or appropriate to comply with a regulatory requirement, judicial proceeding, court order, government request, or legal process served on us, or to protect the safety, rights, or property of our customers, the public, ECECD, or others. We have no obligation to notify you of such disclosures, except as required by applicable law.
We may disclose information that does not personally identify you for any purpose, except where we are required to do otherwise under applicable law.
YOUR PRIVACY CHOICES AND RIGHTS
You may contact us to update or correct your personal information and your preferences provided to us through the Site or Services, or opt out of receiving mailings or other communications in which you previously chose to participate. Different Services may offer different phone numbers, links or preference managers that allow you to inform us of your updates and choices, including opting out of particular communications. We may need to retain certain personal information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion. We will endeavor to comply with your request as soon as reasonably practicable.
If you no longer wish to receive promotional emails from us on a going-forward basis, you may opt out of receiving such emails by following the “unsubscribe” directions on the emails or by changing your preference settings.
OTHER ASPECTS OF OUR PRIVACY POLICY
Third-Party Sites. The Services may contain links to third-party websites that we do not control. We are not responsible for the privacy practices or the contents of any such linked sites, or for the nature, quality, or accuracy of the content or opinions expressed in such websites. We do not investigate, monitor, or check the quality, accuracy, or completeness of these third-party sites. Inclusion of any linked website in the Services does not imply or express an approval or endorsement of the linked website by ECECD, or of any of the content, opinions, products, or services provided on such websites. Each of these linked sites maintains its own independent privacy policy. If you visit a website that is linked to the Services, we encourage you to familiarize yourself with the privacy policy of that website, which is not governed by this Privacy Policy.
Information Security. We use reasonable organizational, technical and administrative safeguards to help protect the information collected through the Services. Our security and privacy policies are periodically reviewed, and are designed to allow only authorized individuals to have access to the information you provide. However, data transmitted over the Internet cannot be guaranteed to be completely secure from people who might attempt to evade our security measures. Your email is a non-encrypted form of Internet communications which may be accessed and viewed by other Internet users without your knowledge or permission while in transit to us. For that reason, in order to protect your privacy, please do not use email to communicate information to us that you consider confidential. While we strive to protect your personal information, We cannot guarantee the security of any information you transmit to us through the Services. Users are responsible for maintaining the secrecy of their own passwords.
Changes to Our Privacy Policy. We may revise or update this Privacy Policy at any time in our sole discretion. We will post any changes on this page and indicate at the top of this page the date this Privacy Policy was last revised. We recommend that you regularly review the Privacy Policy when you visit the Services. Your continued use of our Services constitutes your acceptance of the terms of the Privacy Policy as amended or revised by us from the effective date.
GOVERNING LAW AND JURISDICTION.
All matters relating to the Services and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of New Mexico, without regard to its choice of law rules.