PRIVACY POLICY
Last modified: June 17, 2017
Introduction
The Catholic Cemeteries Association of the Diocese of Cleveland, an Ohio nonprofit corporation ("Company" or "We" or “Us”), respects your privacy and is committed to protecting it through our compliance with this policy.
This policy describes the types of information we may collect from you, or that you may provide when you visit or use any one or more of the websites https://www.crosssystem.org, www.clecemorg, www.crosssystemstaging.org, and www.clecemdev.org, as well as any related mobile and 3rd party applications that access our service (collectively, our "Service"), as well as our practices for collecting, using, maintaining, protecting, and disclosing that information.
This policy applies to information we collect:
This policy does not apply to information collected by:
In order for certain features of the Service to work, we may need to know your location. Whenever you open, use, or interact with the Service, we may use the location information, including as derived from your mobile device or browser (e.g., latitude and longitude), to tailor the Service experience to your current location. We may also use your mobile device’s ‘background location’ (formerly known as ‘Radar’) to provide certain features of the Service that are based upon your current or some other preferred location.
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Service. By accessing or using the Service, you agree to this policy. This policy may change from time to time (see below under “Changes to Our Privacy Policy”). Your continued use of the Service after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
Children’s Issues
The Service is restricted and limited for use by people 18 or over. CCA will not knowingly collect any information from individuals under 13. If you are under the minimum age required for use of the Service, do not use or provide any information on the Service or on or through any of its features, register on the Service, make any purchases through the Service, use any of the interactive or public comment features of the Service or provide any information about yourself to Us, including your name, address, telephone number, email address, or any screen name or user name you may use. Should We determine that you do not meet the age requirements for using our Service, your registration will be terminated immediately. If We learn we have collected or received personal information from a user under the required minimum age, We will delete that information.
Information We Collect About You and How We Collect It
We collect several types of information from and about users of our Service, including information:
We collect this information:
Information You Provide to Us. The information we collect on or through our Service may include:
You may provide information to be published or displayed (hereinafter, "posted") on public areas available on the Service, or transmitted to other users of the Service or third parties (collectively, "User Contributions"). Your User Contributions are posted and transmitted to others through the Service at your own risk.
Information We Collect Through Automatic Data Collection Technologies. As you navigate through and interact with our Service, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
The information we collect automatically is statistical data and does not include personal information; however, we may maintain it or associate it with personal information we collect in other ways or receive from third parties. This information helps Us to improve our Service and to deliver a better and more personalized service, including by enabling Us to:
The technologies we use for this automatic data collection may include:
We may tie non-personal statistical information that we collect to personal information about you that we collect from other sources or you provide to Us.
We are always seeking to improve the products and features that are offered through our Service. We often introduce new features, some of which may result in the collection of new information. Furthermore, new partnerships or corporate acquisitions may result in new features, and we may potentially collect new types of information. If we start collecting substantially new types of personal information and materially change how we handle your data, we will modify this Privacy Policy and notify you in accordance its terms.
How We Use Your Information
We use information that we collect about you or that you provide to Us, including any personal information:
We may also use your information to contact you about certain features of the Service that may be of interest to you.
Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
We may disclose personal information that we collect or you provide as described in this policy:
We may also disclose your personal information:
We communicate with you through email, notices posted on the website, messages to your inbox, and other means available through the Service, including mobile text messages and push notifications. Examples of these communications include: (a) welcome and engagement communications; (b) service and functionality communications; and (c) promotional notices. We track the open rate of your communications as part of our internal benchmarking.
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the personal information you provide to Us. We have created mechanisms to provide you with the following control over your information:
We do not control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way.
Accessing and Correcting Your Information
The Service includes one or more features that you can use to review and change your personal information. You can also update your personal information by contacting us directly. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
If you delete your User Contributions from the Service, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other users of the Service. Proper access and use of information provided on the Service, including User Contributions, is governed by the Terms of Use and other governing documents.
Your California Privacy Rights
California Civil Code Section § 1798.83 permits users of our Service that 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 send an email to email@clecem.org, or write Us at: P.O. Box 605310, 10000 Miles Avenue, Cleveland, Ohio 44105.
Data Security
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Service, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Service, like message boards. The information you share in public areas may be viewed by any user of the Service.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Service. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Service.
Changes to Our Privacy Policy
It is our policy to post any changes we make to our Privacy Policy on this page. If we make material changes to how we treat our users' personal information, we will notify you through a notice on the website home page. The date the Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our website and this Privacy Policy to check for any changes.
If you are located outside of the United States, please note that our Service is hosted on our computer servers in the United States. Therefore, your information may be processed and stored in the United States. As a result, United States federal and state governments, courts, or law enforcement or regulatory agencies may be able to obtain disclosure of your information through laws applicable in the United States. Your use of the Service or your submission of any personal information to Us will constitute your consent to the transfer of your personal information outside of your home country, including the United States, which may provide for different data protection rules than in your country.
Contact Information
To ask questions or comment about this privacy policy and our privacy practices, contact Us at:
P.O. Box 605310
10000 Miles Avenue
Cleveland, Ohio 44105
Via E-mail: email@clecem.org
Via phone: (216) 641-7575
TERMS OF USE
PLEASE NOTE: YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT
These “Terms of Use” set forth the terms and conditions that apply to your use of any one or more of the websites https://www.crosssystem.org, www.clecemorg , www.crosssystemstaging.org , and www.clecemdev.org , as well as any and all related mobile and 3rd party applications that access our service (collectively, our " Service"). By using the Service, you are entering into a binding agreement with The Catholic Cemeteries Association of the Diocese of Cleveland, an Ohio non-profit corporation (“CCA”), and you agree to comply with all of the Terms of Use set forth herein. The right to use the Service and these Terms of Use are personal to you, and are not transferable by you to any other person or entity.
WHEN YOU CLICK THE “I ACCEPT” BUTTON DURING THE LOG-IN PROCESS, OR IF YOU OTHERWISE ACCESS OR USE THE SERVICE, YOU AGREE TO AND ARE BOUND BY THESE TERMS OF USE. CCA IS WILLING TO GRANT YOU ACCESS TO THE SERVICE ON THE CONDITION THAT YOU ACCEPT ALL THE TERMS OF THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, DO NOT ACCESS OR USE THE SERVICE IN ANY WAY.
As provided below, CCA may update these Terms of Use at any time, without notification to you, and you should review these Terms of Use from time to time by accessing the Service. Your continued use of the Service shall be deemed as an irrevocable acceptance of any such revisions. The right to use the Service and these Terms of Use are personal to you, and are not transferable by you to any other person or entity.
1. Copyrights, Trademarks, and Patents
The materials found on the Service are protected by United States and other copyright laws. The selection, arrangement, and presentation of all materials (including information in the public domain), and the overall design of the Service are Copyright © The Catholic Cemeteries Association of the Diocese of Cleveland, All Rights Reserved. Permission is granted to view and print materials from the Service for the non-commercial purpose of viewing, reading, and retaining for reference. Any other copying, distribution, retransmission or modification of information or materials on the Service, whether in electronic or hard copy form, without the express prior written permission of CCA, is strictly prohibited.
All trademarks and/or service marks (including logos and designs) found on the Service are trademarks/service marks that identify CCA and the goods and services that it provides. Such marks may not be used under any circumstances without the prior written authorization of CCA. Portions, features, and/or functionality of the products or services of CCA or its affiliates, suppliers, or partners are, or may be, protected by United States and/or foreign patents, as well as patents pending. No person is authorized to use, copy, or distribute any portion of the website including related graphics, except for the non-commercial purpose of viewing, reading, and retaining any such portion of the website for reference, as provided above.
2. Links to Third-Party Websites
The Service may provide hyperlinks to third-party websites as a convenience to users of the Service (each, a “Third-Party Site”). CCA does not control Third-Party Sites, and is not responsible for the contents or activities of any Third Party Sites or any hyperlinks contained therein. CCA does not endorse, recommend, or approve any Third-Party Site, and will have no liability to any person or entity for the content or use of the content available through such hyperlink.
3. Children’s Issues
The Service is restricted and limited for use by people 18 or over. CCA will not knowingly collect any information from individuals under 13. If you are under the minimum age required for use of the Service, do not use or provide any information on the Service or on or through any of its features, register on the Service, make any purchases through the Service, use any of the interactive or public comment features of the Service or provide any information about yourself to CCA, including your name, address, telephone number, email address, or any screen name or user name you may use. Should we determine that you do not meet the age requirements for using our Service, your registration will be terminated immediately. If we learn we have collected or received personal information from a user under the required minimum age, we will delete that information.
4. Use of the Service
The Service primarily functions as an online information service that, among other features, allows users to search for, locate, and travel to gravesite locations falling under the oversight of the CCA. Certain information or features appearing on the Service may be provided directly by third parties, and discrepancies or errors may appear. You expressly waive any requirement that purports to impose on Quo an obligation to perform any services other than those expressly undertaken by CCA hereunder.
You represent and warrant to CCA that you have used and will use the Service in a manner consistent with any and all applicable laws and regulations, including without limitations those related to data privacy and security. CCA may change, suspend or end the Service or any services provided thereunder, or change and modify prices prospectively in its sole discretion. To the extent allowed under law, these changes may be effective upon notice provided to you.
As a user of the Service, you may be required to submit certain information, including your name, address, e-mail address, telephone number, and other information. CCA is not responsible for any information, material, or ideas submitted on the Service. More specifically, CCA does not represent or guarantee the truthfulness, accuracy, or reliability of any content or other communications posted by users, nor does it endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk, and that you will also remain solely responsible for any inaccurate or incomplete information that you provide on the Service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except in order to provide you with the functions that the Service enable, and except to the extent required by applicable law or under the terms of our Privacy Policy.
To the extent you are accessing any portion of the Service requiring a login ID or a password, you are responsible for all use of the Service made using your login ID and password, whether or not the use is made by you or someone else using that information. You are responsible for protecting and securing your login ID and password from unauthorized use, and you agree to indemnify CCA, its affiliates, and their respective members, managers, directors, officers, and agents against all loss or damage arising from such unauthorized use. If you believe there has been a breach of security of your login ID or password, you agree to notify us immediately as provided in Section 10 below.
Users of the Service are prohibited from posting or transmitting any material that: (a) is in violation of any applicable law or regulation; (b) infringes upon the copyright, trademark, trade secret, or other intellectual property rights of others; (c) violates the privacy, publicity, or other personal rights of others, (d) is defamatory, obscene, threatening, abusive or hateful; (e) contains any viruses, corrupted files, or similar software; (f) falsifies or deletes any author attributions or other similar notices or proprietary designations; or (g) otherwise violates any applicable code of conduct or other guideline that is applicable to such material. Further, you may not use the Service to: (i) advertise or offer to sell or buy any goods or services; or (ii) conduct or forward surveys, contests, pyramid schemes, chain letters, or similar items or communications.
Users are also prohibited from violating or attempting to violate the security of the Service. More specifically, you are prohibited from doing any of the following: (i) accessing data not intended for you or logging into a server or account that you are not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measure; (iii) attempting to interfere with the Service, including submitting a virus, overloading, "flooding", "spamming", "mailbombing" or "crashing"; or (iv) forging any TCP/IP packet header or any part of the header information in any message or posting. Violations of any applicable law, regulation, or our system or network security may result in civil or criminal liabilities. CCA reserves the right to investigate such violations, and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Although under no obligation to do so, CCA reserves the right to review and remove any content that, in its sole judgment, violates these Terms of Use, violates applicable laws, rules, or regulations, or that is otherwise abusive, disruptive, offensive, harmful, or illegal. CCA reserves the right to expel users and members of the Service and to prevent their further access to the Service if they violate our Terms of Use or Privacy Policy. Further, we reserve the right to take any action that we deem appropriate with respect to user content in order to prevent potential liability, damage to our public image, or damage to our relationship with other third parties.
When you submit postings, comments, or other content to the Service, you grant us a limited, non-exclusive, royalty-free, transferable right and license to copy, use, distribute, reproduce, modify, display, perform, create derivative works from, store and otherwise use such content, in any media known now or in the future, and you represent that you have sufficient rights in the content to make this grant. By submitting suggestions or other feedback regarding the Service, you agree that we can use and share (but do not have to) such feedback for any purpose without compensation.
5. No Representations or Warranties; Limitations on Liability
The information and materials on the Service could include technical inaccuracies or typographical errors. Changes are periodically made to the information contained therein. CCA AND/OR ITS SUPPLIERS, AGENTS, PRINCIPALS, OR AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY INFORMATION, MATERIALS OR GRAPHICS ON THE SERVICE, ALL OF WHICH IS PROVIDED ON A STRICTLY "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND AND HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES WITH REGARD TO ANY INFORMATION, MATERIALS OR GRAPHICS ON THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL CCA, ITS AFFILIATES, OR THEIR RESPECTIVE SUPPLIERS, AGENTS, OR PRINCIPALS BE LIABLE UNDER ANY THEORY OF RECOVERY, AT LAW OR IN EQUITY, FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, SPECIAL, DIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO LOSS OF USE OR LOST PROFITS), ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THE USE OF INFORMATION OR SERVICE, OR THE FAILURE TO PROVIDE INFORMATION OR SERVICE, FROM THE SERVICE. FURTHER, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY DAMAGE AND/OR DELAY DUE TO SICKNESS, PILFERAGE, LABOR DISPUTES, BANKRUPTCY, MACHINERY OR NETWORK BREAKDOWN, QUARANTINE, GOVERNMENT RESTRAINTS, WEATHER, TERRORISM, OUTAGES, DAMAGES, OR DELAYS ATTRIBUTABLE TO CCA’S LICENSORS, VENDORS, OR SERVICE PROVIDERS, OR OTHER CAUSES BEYOND CCA OR ITS AFFILIATES, AGENTS, OR REPRESENTATIVES’ CONTROL.
If you are a California resident, you waive, to the extent applicable, California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
6. Indemnification
You agree to indemnify, defend and hold harmless CCA, its affiliates, and their respective officers, managers, directors, members, employees, and agents, and their respective successors and assigns, from and against any and all loss, costs, expenses (including reasonable attorneys' fees and expenses), claims, damages and liabilities related to or associated with your use of the Service, your violation of any of these Terms of Use, or any misrepresentation of any representation or warranty made by you under these Terms of Use.
7. Governing Law and Dispute Resolution
These Terms of Use constitute a contract made under, and shall be governed by and construed in accordance with, the laws of the State of Ohio. Any dispute related to these Terms of Use or the Service will be submitted to binding arbitration in Cleveland, Ohio, pursuant to the Commercial Arbitration Rules of the American Arbitration Association; provided, however, that either party may seek preliminary injunctive or other equitable relief pending arbitration to prevent irreparable harm. Any dispute you may have with respect to the Service or these Terms of Use must be commenced by you within one year after it arises.
8. Changes to These Terms of Use
These Terms of Use were last updated on June ___, 2017. We may update our Terms of Use as our policies and procedures change from time to time. Without limiting the foregoing, CCA reserves the right to change the Terms of Use or Privacy Policy under which the Service are offered at any time. We encourage you to periodically review this page to become aware of any changes. When you log-in or otherwise continue to use the Service, you will be using the Service subject to these Terms of Use (as updated). To the extent that any modification to these Terms of Use is deemed invalid or ineffective, for any reason, the terms and conditions of these Terms of Use as in effect immediately prior to such modification shall remain in effect and shall be controlling.
9. Entire Agreement
These Terms of Use, including the documents referenced by and incorporated into this document, constitute the entire agreement between you and CCA, and such Terms of Use govern your use of our Service, superseding all prior or contemporaneous agreements, understandings, or representations. Except as provided in paragraph 6 or as expressly provided elsewhere in these Terms of Use, nothing herein expressed or implied is intended or shall be construed to confer upon or give to any person or entity, other than the parties to these Terms of Use, any rights or remedies under or by reason of these Terms of Use.
10. Notices
For notices that are directed to you under these Terms of Use (including as part of CCA’s general customer base), CCA may give notice by means of any of the following: (a) a general notice on the Service; (b) by electronic mail to your e-mail address on record in CCA’s account information; or (c) by written communication sent by first class mail or pre-paid post to your address listed in CCA’s account information. All notices to be delivered by Client to CCA shall be in writing and shall be delivered by electronic mail to CCA at the following address: email@clem.org. Either CCA, on one hand, or you, on the other hand, may update its contact information for receiving notices by providing written notice of such update to the other party in the manner provided in this Section 10. A notice delivered electronically hereunder will be deemed to have been delivered on the date and time of the signed receipt or confirmation of delivery or transmission thereof, unless that receipt or confirmation date and time is not a business day or is after 5:00 p.m. local time on a business day, in which case such notice will be deemed to have been received on the next succeeding business day. A notice delivered by first class mail or pre-paid post will be deemed to have been given three (3) business days after mailing or posting.
11. Questions or Comments
Questions or comments regarding the Service or these Terms of Use should be sent by e-mail to email@clem.org, or you can call us at (216) 641-7575.