Privacy Policy & Terms of Use

We at the Institute for the Study of Mongolian Dinosaurs (“ISMD”; “we”; “us”) have created this privacy policy and terms of use (“Privacy Policy & Terms of Use”) in order to demonstrate our commitment to online privacy and transparency.

1. Effective Date

This Privacy Policy & Terms of Use was last updated on June 10, 2017.

2. Scope; Acceptance of Privacy Policy & Terms of Use

The provisions contained in this Privacy Policy & Terms of Use—effective as of the date specified above—govern your access to and use of the websites http://mongoliandinosaurs.org/, http://mongoliandinosaurs.com, http://flamingcliffs.org, and http://flamingcliffs.com, and all pages combined within them that are owned or operated by ISMD, including but not limited to text, content, photographs, video, audio, graphics, and services therein (collectively, the “Site”). Please review this carefully before using the Site, and please consult it regularly. By accessing or using the Site or its services, you signify your acceptance of and agreement with all provisions of this Privacy Policy & Terms of Use. If you do not agree to this Privacy Policy & Terms of Use, you should elect not to visit the Site.

3. Changes to Privacy Policy & Terms of Use

ISMD reserves the right to change this Privacy Policy & Terms of Use at any time at its sole discretion. Such changes shall be effective immediately upon posting them to the Site. Your use of the Site after such changes have been posted shall constitute your acceptance of all provisions in the revised Privacy Policy & Terms of Use.

4. Prohibited Uses; Right to Terminate Access

You agree to use the Site only for lawful and legitimate purposes, and to do so in accordance with this Privacy Policy & Terms of Use.

You agree not to use the Site to, in any way:

  • violate any applicable federal, state, local, or international law or regulation;
  • exploit, harm, or attempt to exploit or harm minors, including but not limited to exposing them to inappropriate content or improperly asking them for personally identifiable information;
  • threaten, harass, or otherwise abuse others, including but not limited to ISMD, its employees, agents, affiliates, contractors, service providers, or Site users;
  • send, knowingly receive, upload, download, use, or reuse any content which does not comply with this Privacy Policy & Terms of Use;
  • copy, reproduce, distribute, modify, display, republish, transmit, repost, or otherwise use any of the content on our Site without prior written permission from ISMD (which must be sought via the contact information provided below);
  • “spam,” gather, or attempt to gather personally identifiable information belonging to users or others for the purposes of spamming, marketing, selling to third parties, or otherwise improperly soliciting or abusing ISMD or Site users;
  • engage in dishonest or deceptive behavior, including but not limited to impersonating or attempting to impersonate another person or entity, or attempting to gain unauthorized access to any part of the Site, or the computers, servers, or databases connected thereto;
  • engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm ISMD, its employees, agents, affiliates, contractors, or service providers, the Site, Site users, or expose such persons or entities to liability; or
  • otherwise attempt to interfere with the proper functioning and/or operation of the Site.

ISMD reserves the right to terminate the Site or your access to it for any reason at our sole discretion, including but not limited to your violation of this Privacy Policy & Terms of Use by engaging in the prohibited uses described above.

5. When/How Do We Collect Your Personally Identifiable Information?

Active Collection Methods. ISMD collects personally identifiable information from you when you voluntarily share it with us by, for example, sharing your name, email address, phone number, physical address, or other information when contacting us, posting on our blog, or donating to ISMD.

Passive Collection Methods. We may place information in our emails to you (such as a web beacon) that allows us to measure our email deliverability. We also may passively collect your Internet Protocol Address (“IP Address”). We may also collect and store information about where you are located, such as by converting your IP Address into a rough geolocation.

  • User Content

By using our Site—including by posting comments on our blog—you understand and agree that we are providing a platform for you to post content, including photos, comments and other materials, to the Site and to share that content publicly. Note that, by default, when you provide us with content it is published on the Site so that anyone can view, use, or share it, consistent with this Privacy Policy & Terms of Use. While you are free to request deletion of your content, content may live on through re-blogging of your content by others, and due to technological limitations inherent to the Site, copies of that content may exist elsewhere and be retained indefinitely, including in our systems. We urge you to make careful judgments about any personally identifiable information you disclose to our Site or any other website.

  • Donations; Purchases from our Shop

With regard to online or offline donations, or purchases from our shop, ISMD collects personal information (such as name, address, phone number, and email address) only when a user voluntarily provides it to us. ISMD uses such information only for ordinary fundraising and relationship-building purposes with the user, in addition to internal analyses to further those purposes. As part of your donation or purchase, you may be asked to provide your credit card information. We do not store or retain your credit card information; we use a secure third-party service provider to process your credit card information which is not permitted to store, retain, or use billing information except for the purpose of processing such transactions on ISMD’s behalf. For that reason, you may be asked to accept the third-party processor’s privacy policy or other terms as a condition of submitting your donation or completing your purchase.

Finally, our Site also may offer you the opportunity to donate anonymously. If you elect to do so, your donation information will be shared only with our third-party processor; the processor will share only the amount of your donation with ISMD, and none of your other personal information.

  • Children Under Thirteen Years of Age

If we discover that a child under the age of thirteen has provided us with personally identifiable information, we will delete that information from our records. A parent or guardian may notify us by email at info@mongoliandinosaurs.org to request the deletion of his or her child’s personally identifiable information from our records. As a not-for-profit organization exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code, ISMD is exempt from compliance with the Children’s Online Privacy Protection Act of 1998. However, we take children’s privacy seriously, and encourage users and their parents to review our Privacy Policy & Terms of Use to understand our information collection practices.

6. How Do We Use Your Personally Identifiable Information?

ISMD may use the personally identifiable information that it collects from you via the Site amongst its employees, agents, affiliates, contractors, and service providers in order to (1) help us operate, analyze, develop, deliver, maintain, and improve the Site, its products, services, content, advertising, and communications; (2) contact you regarding information relevant to ISMD’s business, products, or services, or respond to your inquiries; or (3) engage in ordinary business, fundraising, marketing, and relationship-building communications with you.

We may also disclose personally identifiable information we collect from you to additional third parties to the extent necessary or appropriate to: (1) comply with the law or respond to a subpoena, court order, government request, or other legal process; (2) protect the interests, rights, safety, or property of ISMD, its employees, agents, and affiliates; (3) enforce this Privacy Policy & Terms of Use; (4) act in connection with a merger, acquisition, liquidation, reorganization, divestiture, or dissolution of ISMD or its affiliates; or (5) address fraud, security, or technical issues, or otherwise operate the Site or its infrastructure systems properly.

7. Retention of Personally Identifiable Information

We will retain the personally identifiable information that we collect for the duration required to fulfill the purposes described in this Privacy Policy & Terms of Use, unless a longer retention period is required by law. We may store personally identifiable information in locations outside of ISMD’s direct control (for example, on servers or databases located with hosting providers). ISMD also keeps a record of each donor’s giving history on file for IRS purposes, to analyze giving patterns, make more accurate budget projections, and solicit future donations. ISMD does not share its donor file with any other party.

8. Security of Your Information

We use reasonable administrative, technical, and physical measures to safeguard the privacy and integrity of your personally identifiable information, including but not limited to various restrictions on who can access the information and the servers on which it is stored. However, we cannot guarantee the security of any of your information, or the sufficiency of our security measures to prevent unauthorized access to it. Unauthorized access, interception, or use, hardware or software failure, and other factors may compromise the security of user information at any time.

9. Collection of Non-Personally Identifiable Information

We may collect certain non-personally identifiable information (information that does not personally identify the user) through the Site, including but not limited to through the use of “cookies” (small text files that are placed on your computer or other device by a website) to help secure your connection to the Site, to determine whether you have visited the Site previously, to save and remember any preferences that you set while using the Site, and to help us learn how our users interact with the Site. This information may be tracked anonymously, but in the aggregate helps us learn how to make our content and Site design more effective. Your browser may allow you to accept all cookies, notify you when a cookie is sent, or reject all cookies, but it may not be possible to use certain parts of the Site if cookies are rejected. We also may collect non-personally identifiable information about how people use the Site, which may include the operating system you are working on, the Internet browser or mobile device you are using, or the screen resolution of your computer. This information helps us to improve the design of the Site. We may also collect general usage information such as the number of our visitors, the frequency and length of those visits, which pages or features of the Site they have visited, and which links on the Site they have clicked on. We may also use third-party applications and services to collect and analyze this information. This information enables us to figure out how often individuals use the Site so that we can analyze and improve them. Some of this information may be associated with the IP Address used to access the Site. This information helps us to improve the content of the Site.

We may share non-personally identifiable information with third parties.

10. Access to and Deletion of Information; Opting Out of Communications

To opt out of email communications from ISMD, request deletion of blog comment, or request removal of your personally-identifiable information from our records, please email info@mongoliandinosaurs.org. Note that deleting your information may not fully remove it from our systems, as caching of, backups of, copies of, or references to your information may not be immediately removed.

Your California Privacy Rights. Under California Civil Code section 1798.83, California resident customers with whom we have an established business relationship are entitled, once per calendar year, to ask us for a notice identifying the categories of personally identifiable information that we share with our affiliates and/or third parties for marketing purposes, and to provide contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please email us at info@mongoliandinosaurs.org, or submit a written request to us at the following address: Thea Boodhoo, 1160 Mission Street, Unit 1611, San Francisco, CA 94103.

11. Do-Not-Track Requests

Our Site does not respond to Do-Not-Track requests.

12. Warranty Disclaimer; Site Available “As-Is”; License to Use Content

Your access to and use of the Site or any content is at your own risk. YOU UNDERSTAND AND AGREE THAT THE SITE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, ISMD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ISMD makes no representations or warranties of any kind with respect to the Site, including any representation or warranty that the use of the Site will (a) be timely, uninterrupted, or able to operate in combination with any other hardware, software, system or data; (b) meet your requirements or expectations; (c) be free from errors, or that errors or defects will be corrected; or (d) be free of viruses or other harmful components. ISMD also makes no representations or warranties of any kind with respect to content; user-provided content, in particular, is solely the responsibility of the user providing that content. ISMD does not claim ownership of any content that you post on or through the Site. Instead, you hereby grant to ISMD a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the content that you post on or through the Site, subject to this Privacy Policy & Terms of Use. No advice or information, whether oral or written, obtained from ISMD or through the Site, will create any warranty not expressly made herein.

13. Release from Liability

YOU RELEASE, TO THE FULLEST EXTENT PERMITTED BY LAW, ISMD, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, VOLUNTEERS, INTERNS, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS FROM RESPONSIBILITY, LIABILITY, CLAIMS, DEMANDS, AND/OR DAMAGES OF EVERY KIND AND NATURE (INCLUDING WITHOUT LIMITATION ACTUAL, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES), KNOWN AND UNKNOWN, ARISING OUT OF, OR IN ANY WAY CONCERNING THE SITE, INCLUDING WITHOUT LIMITATION THE FOLLOWING: DISPUTES BETWEEN USERS OF THE SITE, INCLUDING THOSE BETWEEN YOU AND OTHER USERS; THIRD-PARTY SITES AND SERVICES, INCLUDING CONTENT FOUND ON SUCH SITES AND SERVICES; DISPUTES CONCERNING ANY USE OF OR ACTION TAKEN USING YOUR ACCOUNT BY YOU OR A THIRD PARTY; CLAIMS RELATING TO THE UNAUTHORIZED ACCESS TO ANY DATA COMMUNICATIONS OR CONTENT STORED UNDER OR RELATING TO YOUR ACCOUNT, INCLUDING UNAUTHORIZED USE OR ALTERATION OF SUCH COMMUNICATIONS OR YOUR CONTENT; OR CLAIMS RELATING TO ANY INVOLVEMENT WITH A THIRD PARTY WHILE IN THE COURSE OF USING THE SITE, WHETHER ON THE INTERNET, IN A PHYSICAL LOCATION, OR OTHERWISE. YOU UNDERSTAND THAT SUCH THIRD PARTY IS NOT A REPRESENTATIVE, EMPLOYEE, AGENT, OR AFFILIATE OF ISMD, AND SHALL NOT BE CONSIDERED AS SUCH FOR ANY PURPOSE WHATSOEVER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ISMD, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS SHALL NOT BE LIABLE FOR: (A) ANY ACTUAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SITE; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR USER USING THE SITE, INCLUDING WITHOUT LIMITATION DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT ISMD HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF ISMD AND ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE LESSER OF FIFTY DOLLARS (US $50.00) OR THE AMOUNT YOU PAID US TO USE THE APPLICABLE SITE. Some jurisdictions may not allow the exclusion of certain warranties or the exclusion/limitation of liability, so the limitations above may not apply to you.

14. Governing Law; International Users

You agree that your use of this Site, this Privacy Policy & Terms of Use, and any controversy, claim, or dispute relating thereto, shall be governed in all respects by the laws of the State of California, excluding its conflicts of law rules. Any dispute relating to this Site, our Privacy Policy & Terms of Use shall be resolved solely in the state or federal courts located in San Francisco, California, to whose jurisdiction and venue you hereby expressly consent. In addition, you hereby waive the right to bring or participate in any claim against ISMD, its employees, agents, or affiliates, as a class action, consolidated, multi-district, or collective action, or private attorney general action. If ISMD prevails against you in any arbitration or proceeding concerning this Privacy Policy & Terms of Use, we shall be entitled to recover our legal costs, including attorneys’ fees, in addition to all other available legal and equitable relief.

ISMD and the Site are operated in the United States. If you are located outside of the United States, please be aware that any information you provide will be collected in or transferred to the United States. By using the Site and/or providing ISMD with your information, you consent to that collection and transfer.

15. Entire Agreement; Severability

This Privacy Policy & Terms of Use constitutes the entire agreement between you and ISMD, superseding any other written or oral agreements or understandings. If a Court or other tribunal finds any provision of this Privacy Policy & Terms of Use to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions shall remain in full force and effect.

16. Contact Us

If you have any questions about our Privacy Policy & Terms of Use, our privacy practices, or your dealings with the Site, you can contact us at info@mongoliandinosaurs.org.