CHILD ONLINE PRIVACY PROTECTION ACTS (COPPA) OF 1998 POLICY
THIS IS IMPORTANT – PLEASE READ
This COPPA Policy was last updated on: June 28, 2012
THIS WEBSITE HAS TWO SECTIONS – ONE THAT IS PUBLIC AND ONE THAT IS PRIVATE. THE PRIVATE SECTION IS MEANT TO BE USED ONLY BY STUDENTS OF THE MARTIAL ARTS SCHOOL THAT OWNS THIS WEBSITE AND REQUIRES STUDENT REGISTRATION BEFORE USE IS ALLOWED.
THE PUBLIC PORTION OF THE WEBSITE DOES NOT COLLECT INFORMATION FROM CHILDREN UNDER THE AGE OF 13 AND IS NOT DESIGNED TO BE USED BY CHILDREN UNDER THE AGE OF 13. THE PRIVATE PAGES OF THIS WEBSITE SHOULD ONLY BE ACCESSED BY STUDENTS OF THE MARTIAL ARTS SCHOOL THAT OWNS THIS WEBSITE AND THEIR PARENTS OR GUARDIANS. FOR STUDENTS WHO ARE CHILDREN UNDER 13 YEARS OF AGE, THE TERMS OF THIS COPPA POLICY APPLY.
The Child Online Privacy Protection Act (COPPA) of 1998 spells out specific requirements for websites collecting personal information from children under 13. The private section of this website, that is meant to be used only by students of the martial arts school that owns this website and that requires student registration before use is allowed, does collect personal information from children under 13. Therefore, every effort has been made to meet the requirements of this Act for the private section of this website. If you have inquires about this policy please contact the martial arts school owner who owns this website (available on Contact Us page of this site).
Before children under 13 years of age can register for this website, parent consent is required. The primary means of parent consent is to accept the Terms and Conditions available via a link at the bottom of the registration page (also available at http://nilesmartialarts.com/terms-and-conditions/) and a phone, email, or face-to-face follow-up to confirm acceptance. You may also have consented to providing online access to your child as part of the registration process.
WHAT PERSONAL INFORMATION COLLECTED
To register to use the private section of this website requires that a registration form be completed. Then, once a student is registered, there is a student profile form where students can add information about themselves. The information captured in these two forms is the personal information collected, and will typically include name, contact information (address, email, phone), martial arts student information (rank, last tested, student since), emergency contact information, and birthday.
There is no passive collection of personal information on the private section of this website (e.g., through cookies).
HOW PERSONAL INFORMATION MAY BE USED
The personal information captured on the private section of this website is used primarily for administrative purposes (recordkeeping, notifications of school events) and to allow a greater sense of community among the school’s students.
DISCLOSURE OF PERSONAL INFORMATION
No personal information collected in the private section of this website will be intentionally disclosed to third parties, other than as described herein.
While it may seem obvious, we also share personal information with various third parties when it is necessary to provide you with a product or service you have requested. By way of example and not limitation, if you request materials by mail, we may provide your information to third party carriers such as the US Postal Service, FedEx or UPS, and if you pay for goods or services at the website, we supply the necessary personally identifiable information to the relevant payment processor to permit them to process payments.
CHILD’S PARTICIPATION IN ACTIVITIES
The private section of this website will not require a child to disclose more information than is reasonably necessary to participate in an activity within the martial arts school as a condition of participation.
PARENT REVIEW OF CHILD’S PERSONAL INFORMATION
Parents of children under 13 using the private section of this website can review and have deleted the child’s personal information and can refuse to permit further collection or use of the child’s information by contacting the martial arts school owner who owns this website. Reasonable procedures to ensure a parent’s identity before providing access to a child’s specific information will be used (e.g., verifying a credit card number, face-to-face meeting, obtaining a signed form from the parent).
REVISIONS TO THIS COPPA POLICY
This COPPA Policy may be modified from time to time. If the protections afforded to the personal information collected hereunder are materially different, the website operator will attempt ot notify you of the changes, but you also agree to review the policy each time you visit the website for changes. Your continued use of this website always evidences your acceptance of the terms this COPPA Policy or any modifications.
IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY BECAUSE IT AFFECTS YOUR LEGAL RIGHTS. THIS SECTION PROVIDES THAT ANY DISPUTE BETWEEN YOU AND THE WEBSITE OPERATOR MUST BE RESOLVED BY BINDING ARBITRATION THAT REPLACES THE RIGHT TO GO TO COURT BEFORE A JUDGE OR A JURY, AND MAY LIMIT YOUR RIGHTS TO DISCOVERY OR TO APPEAL. IT FURTHER PROVIDES THAT YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN COURT, NOR WILL YOU BE ABLE TO BRING ANY CLAIM IN ARBITRATION AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. Either you or the website operator may, without the other’s consent, elect mandatory, binding arbitration of any claim, dispute, or controversy raised by either you or the website operator against the other arising from this Agreement or your use of the website (the “Claim” or “Claims”). All Claims are subject to arbitration, no matter what theory they are based on or what remedy they seek, whether legal or equitable. Neither you nor the website operator consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. Arbitration shall be conducted pursuant to the rules of the American Arbitration Association which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. You agree that the arbitration will take place in the city or county of the website owner. The arbitration shall be before a single arbitrator. The arbitrator will apply applicable substantive law, including the applicable statute of limitations, and will honor claims of privilege recognized at law. The arbitrator will have the power to award to a party any damages provided for under applicable law, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court.
In no case shall the viewer, visitor, member, subscriber or customer have the right to go to court or have a jury trial. Viewer, visitor, member, subscriber or customer will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal.
The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, and travel expenses.
JURISDICTION AND VENUE
If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, Visitor agrees to that the sole and exclusive jurisdiction will be the nearest appropriate state or Federal court (depending on the nature of the claim) to the city which is described in the contact information of the website operator (e.g., if the website operator is in Syracuse, New York, the sole and exclusive jurisdiction would be the nearest appropriate state or Federal court to Syracuse, New York).
Visitor agrees that the applicable law to be applied shall, in all cases, be that of the state of the website owner.
INQUIRIES, QUESTIONS, COMMENTS, OR REPORT OF INCIDENTS
Please refer to this website’s Contact page for information on where to direct inquiries, questions, comments or reports of incidents.