The Senior Medicare Patrol National Resource Center (hereinafter referred to as “we” or “us” or the “SMP Center”) is funded in part by a grant (No. 90MPRC0002) from the Administration for Community Living (ACL), U.S. Department of Health and Human Services (DHHS). We (are governed or operated by the) Northeast Iowa Area Agency on Aging, Inc. (herein after referred to as (“NEI3A”). NEI3A is a private, not-for-profit corporation that governs the SMP Center to coordinate services and programs for older persons in an effort to respond to their evolving needs and choices by having access to supports that empower them to live with choice and dignity in their communities.
- On our website; and
- In email, text, and any and all other types of electronic communications sent between you on and/or through this website.
- Information about your rights, the choices available, and our legal obligations to you;
- Transparency about how we collect and use your personal data;
- Information on how we protect your personal data; and
- Information on how we will facilitate your rights and respond to your questions.
The collection of your personal data when you create an account for an SMP Center service, communicate with the SMP Center through our website, or provide personal data to us directly, may include, but is not limited to, the following information:
- Your first and last name;
- Email address;
- Phone number;
- Organization name;
- Limited data from your social media profile (further information on this is below); and/or
- Your profile image photograph.
Users may update their personal data in their account or contact us using the Contact Us information at the end of this policy to request edits and/or the removal of details in your profile account. Users must contact us to update your email address and/or to delete your account.
The generation of personal data about you when you use our website, from cookies or similar technology to collect data, may include, but is not limited to, the following information:
- Your IP address (a numerical code to identify your device, together with the country, region or city where you are based);
- Information on how you interact with our services;
- Your browsing history of the content you have visited on our website, including how you were referred to our sites via other websites; and/or
- Details about your computer, mobile, TV, tablet, or other devices, for example, the unique device ID, unique vendor or advertising ID and browsers used to access our content.
This personal data is about you but does not identify you individually. Personal data when you post comments to us on other social media sites:
- If you mention us in posts on social media sites or share news from our website to social media sites, then we may collect the contents of your public comments and postings, including your social media handles. For example, when you mention us in a tweet, we may collect your tweet and Twitter username.
When you post publicly (example: comments) on our social media posts:
- When you post on a social media discussion board or comment publicly on a post from us on a social media platform, the personal data you post, including your username and other information about yourself, are publicly accessible. This personal data can be viewed online and collected by other people. We are not responsible for the way these other people use this personal data. When contributing to a discussion, we strongly recommend you avoid sharing any personal details, including information that can be used to identify you directly such as your name, age, address, name of employer, etc. We are not responsible for the privacy of any identifiable information that you post in this manner.
This website is designed solely for adults and not intended for children or minors under the age of 13. No one under the age of 13 may provide any information to, or on, our website. We do not knowingly collect personal information from children under the age of 13. If you are under the age of 13, please do not use or provide any information on this website or through any of its features. If we learn we have collected or received personal information from a child under the age of 13 we will delete that information. If you believe we might have any information from or about a child under 13 years of age, please contact us using the contact information listed below under the “Contact Us” section of this policy.
- Directly from you, when you sign up for services, contact us, when you browse our website, when you report a problem with, or through, our website, and/or subscribe for a service. This includes registering to attend any of our educational trainings or information events, signing up for subscription-based service, signing up to receive our news publication, or to receive communications;
- Records you provide to us and/or copies of your correspondence, if you contact us, such as contacting us via email;
- Personal data we generate about you, e.g., personal data we use to authenticate you, or personal data in the form of your IP address or your preferences, including when you access and interact with our website and use a mobile device to access our content;
- Personal data we collect from third parties, e.g., personal data that helps us to combat fraud or which we collect, with your permission, when you interact with us through your social media accounts and platforms, such as posting comments online, mentioning the SMP Center, or contacting us via social media or similar technology; and/or
- Automatic data collection technologies, such as through cookies and other similar technology.
Automatic Data Collection Technologies
As you navigate and interact with our website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns. These technologies may include:
- Google Analytics; to gather statistics about browsing behavior on our website;
- Facebook Pixel; to serve ads to users based on their prior visits to our website and elsewhere online and to measure ad conversion;
- Cookies; which are small files placed on the hard drive of a user’s computer. A user may refuse to accept browser cookies, however disabling this may make certain parts of our website inaccessible;
- Flash Cookies; which may be use local stored objects to collect and store information about your preferences and navigation to, from, and on our website.
- Your name, date of birth, email address, postal address, phone number, organization, supervisor name;
- Information about your device (such as the IP address, which is a numerical code to identify your device that can provide information about the country, region or city where you are based); and
- Information relating to how you use and interact with our website, social media pages, and services.
- Consent: For example, where you have provided your consent to receive our Newsletter. You may revoke your consent at any time by using the SafeUnsubscribe® link, found at the bottom of every email with our Newsletter.
- Performance of a contract with you (or in order to take proper steps prior to entering into a contract with you): For example, where you have created an account and registered to become a trainee or for a Resource Library Access and we need to use these contact details to process and deliver your subscription.
- Legal compliance: In some cases, we may have a legal obligation to use or keep your personal data.
- Our legitimate interests: Where it is necessary for us to understand our users, promote our services, and operate our website efficiently for the creation, publication and distribution of news, media, and related content online.
Examples of instances we rely on our legitimate interests to use your personal data include:
- When we analyze what content has been viewed on our website so that we can understand how our content is used and improve upon it;
- To show you personalized advertising by identifying your interests and to create “segments” of particular types of audiences so that we may show you advertisements that may be more relevant to your interests and the ‘’segments’’ you may be in. These ‘’segments’’ are also used to build custom audiences so that we can identify our audience across third party websites, such as social media platforms, like Facebook;
- For internal administrative purposes regarding your use of our services and to make you aware of any changes to our services;
- To collect and log IP addresses to improve our website and monitor website usage;
- To personalize our services by remembering your settings, and recognizing you when you sign in on different devices;
- Enabling you to share our content with others using social media or email when responding to your questions and comments.
Other Uses for Personal Information May Include:
- To present our website and its contents to you;
- To provide you with information, products, or services you request from us;
- To fulfill any other purpose for which you provide it;
- To provide you with notices, such as account expiration or renewal notices;
- To notify you about changes to our website or any products or services we offer or provide through it; and
- In any other way we may describe when you provide the information.
Sharing/Disclosing Your Personal Data
We do not customarily share the personal data of our Users. However, we may share your personal data:
- With your consent;
- To fulfill the purpose for which you provided it;
- With the Senior Medicare Patrol State Office in the state or territory which you reside or other subsidiary or affiliate, if appropriate and/or legally required;
- With the Administration of Community Living (ACL) if appropriate and/or legally required;
- In order to perform a contract with you, for administrative purposes, or when we have a legitimate interest in doing so;
- With Organizations or Providers that provide services on behalf of us to perform a contract we have entered with you, where it is in our legitimate interests or with your consent. (An example of when we may share your data with a service provider is sharing with Google Analytics to understand how users engage with our website. You may install the ‘Google Analytics Opt-Out Browser Add-On’, provided by Google if you do not want Google Analytics to be used in your browser);
- For any other purpose disclosed by us when you provide the information;
- With agencies and authorities when required by law. We may reveal your personal data to satisfy a request by a government authority, law enforcement agency, court order, regulator, or in connection with any legal action, if we are required to do so, to meet a legal or regulatory obligation, where the request is proportionate, or otherwise to protect our rights or the rights of anyone else (for example, in response to valid and properly served legal process such as subpoena or warrant); and
- With social media organizations. We may share your personal data with other organizations when our web pages use social plug-ins from these organizations (such as Twitter’s retweet function). These other organizations may receive and use personal data about your visit to our website or mobile app. If you browse our website, personal data they collect may be connected to your account on their website. For more information on how these organizations may use your personal data, please read their privacy policies.
How Long We May Store Personal Data
As indicated above, we do not customarily store data about Users. You have rights with regard to the personal data that we may store about you. You may contact us with regard to the following rights in relation to your personal data:
- You have the right to receive a copy of the personal data we hold about you;
- You have the right to correct the personal data we hold about you;
- Where applicable, you have the right to object to processing of your personal data for certain purposes;
- Where you have provided us with consent to use your personal data, you may withdraw this consent at any time; and
To exercise any of your rights listed above, please update your account or contact us using the Contact Us information below. We will handle your request within one month.
We may need to request specific information from you to help us confirm your identity. If your request is complicated or if you have made a large number of requests, it may take us longer to satisfy your request. We will notify you if we need longer than a month to satisfy your request. You will not have to pay a fee to obtain a copy of your personal data (or to exercise any of your other rights). However, we may charge a reasonable fee (if permissible) if your request is clearly unfounded, repetitive, or excessive.
Nevada Privacy Rights
Right to Review: You have the right to review and correct your personal information. Users may access their personal information by logging into their personal accounts.
Right to Deletion: You also have the right to ask us to delete personal data we may hold on you or restrict how it is used. There may be exceptions to the right to deletion for specific legal reasons which, if applicable, we will set out for you in response to your request. Further, deletion of data may remove all records of your news subscription. You would need to re-enter this information to engage with us as you have historically.
We do not sell the personal information of our users; however, in accordance with NRS 603A.300 to 603A.360, the designated address for a User to request to opt out is:
- Mailing Address: SMP National Resource Center, Northeast Iowa Area Agency on Aging, Nicole Liebau, 3840 W 9th Street, Waterloo, Iowa 50702.
Contact Information for Questions, Complaints, and Other Communications
- Mailing Address: SMP National Resource Center, Northeast Iowa Area Agency on Aging, Attention: Nicole Liebau, 3840 W 9th Street, Waterloo, Iowa 50702
- Email: firstname.lastname@example.org
- Phone: 877-808-2468
- If we make material changes to how we treat our users’ personal information, we will notify our Users through a notice on the homepage of our website;
- If we wish to materially change how we handle your personal information, we will obtain the users’ opt-in consent by notifying them of the changes and obtaining their affirmative agreement by posting a Notice on our website requesting Users click-through to consent or a process similar to this notification.
For the purposes of this section:
- “We”, “SMP Center”, “our”, and “us” includes Senior Medicare Patrol National Resource Center;
- “You”, “your”, and “yours” includes you and any person who may assert a claim on behalf of you, including a spouse or family member as applicable by law;
- “Disputes” is defined broadly and includes all claims and/or controversies between you and us related to our website, your account, or this policy, under any legal theory including contract, warranty, tort, statute, or regulation; and
- “Disputes” also includes any claims or controversies as to the scope or effect of our Policy.
You and we agree to arbitrate all disputes on an individual (non-class) basis. Arbitration means the case will be decided by a private arbitrator. The arbitrator will apply the Federal Arbitration Act (“FAA”).
There will be no judge and no jury. The arbitrator’s decision will be final except for a limited right of appeal under the FAA.
The arbitrator will be the American Arbitration Association ("AAA"). AAA will apply its Consumer Arbitration Rules. To start an arbitration, fill out a Demand for Arbitration Consumer Arbitration Rules and mail a copy to AAA and us. In a dispute involving $25,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. Any in-person hearing will take place in our principal place of business Black Hawk County, Iowa, if your dispute is with us.
However, should AAA be unable or unwilling to arbitrate the case, a court may appoint an arbitrator under Section 5 of the FAA.
The arbitrator will hear the arbitration on an individual basis. There will be no class arbitrations, no class actions, no joinder of arbitrations (without our agreement), no private attorney general actions, and no actions where one party represents other, absent parties. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually to satisfy your individual claim.
You expressly agree that the substantive laws of the State of Iowa will apply in connection with any such dispute including any claim involving Northeast Iowa Area Agency on Aging the Senior Medicare Patrol National Resource Center or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers. The FAA is the law that will apply to any arbitration.
Where Will Disputes Be Resolved?
You and we agree to be subject to jurisdiction in the State of Iowa. Any small claims matters may be brought only in Black Hawk County, Iowa, at the plaintiff’s election. Any claims related to IP matters may be brought only in Black Hawk County, Iowa. Any action needed to compel enforcement of this Platform Policy, including the requirement to submit Disputes to individual (non-class) arbitration, shall be brought in Black Hawk County, Iowa or your county of residence, at the election of the party seeking enforcement.
Limited Warranties and Disclaimers of Liability
Senior Medicare Patrol National Resource Center DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) REGARDING INFORMATION, CONTENT OR ITEMS APPEARING ON OUR WEBSITE. WE DO NOT WARRANT THAT DOWNLOADS FROM OUR PLATFORM WILL BE FREE OF ANY VIRUS, WORM, TROJAN HORSE, OR OTHER DATA ALTERING OR CONTAMINATING COMPONENTS. YOU ARE RESPONSIBLE FOR ENSURING THAT YOU HAVE IMPLEMENTED PROCEDURES TO PREVENT SUCH CONTAMINATING COMPONENTS FROM INFECTING YOUR COMPUTER OR DEVICE AND ITS DATA.
WHILE WE TRY TO KEEP THE INFORMATION ON OUR PLATFORM BOTH ACCURATE AND UP TO DATE, WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, CORRECTNESS, USEFULNESS, OR APPLICABILITY OF ANY INFORMATION, OR OTHER DATA OR ITEMS APPEARING ON OUR PLATFORM. WE WILL NOT BE LIABLE IN ANY EVENT TO ANY USER FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON THE INFORMATION, OR CONTENT ON THIS PLATFORM.
WE DO NOT GUARANTEE CONTINUOUS OR UNINTERRUPTED ACCESS TO OUR PLATFORM, AND OPERATION OF OUR PLATFORM MAY BE INTERFERED WITH BY FACTORS BEYOND OUR CONTROL.
THE WRITTEN CONTENT OF THIS PLATFORM IS FOR INFORMATIONAL PURPOSES ONLY. NEVER DELAY IN SEEKING MEDICAL OR LEGAL ADVICE OR ATTENTION BECAUSE OF CONTENT YOU HAVE READ ON THIS PLATFORM.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR INJURY, ILLNESS, DISABILITY, LOSS OF PROFITS, GOODWILL, USE, INFORMATION YOU PROVIDE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) YOUR USE OR YOUR INABILITY TO USE OUR PLATFORM; (ii) THE COST OF PROCUREMENT OF SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PLATFORM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS WEBSITE OR IN YOUR ONLINE ACCOUNT; (v) YOUR USE OF THE INTERNET OR YOUR INTERNET SERVICE PROVIDER; (vi) DEFECTS OR INACCURACIES IN YOUR DEVICE OR SOFTWARE USED TO ACCESS THE PLATFORM ; OR (vii) ANY OTHER MATTER RELATING TO YOUR USE OF THE PLATFORM. IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT OF FEES PREVIOUSLY PAID BY YOU (IF ANY) TO THE SMP CENTER RELATING TO YOUR USE OF THE PLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Your Indemnification Obligations
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE SMP CENTER, AS WELL AS THE SMP CENTER’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES, RESULTING FROM YOUR VIOLATION OF THIS PLATFORM POLICY OR THE USE OF OUR PLATFORM.