TERMS OF USE

Please note that we have updated terms relating to your text and email communications from Rethink.

1. INTRODUCTION

2. UNDERSTANDING THESE TERMS OF USE

3. YOUR ELIGIBILITY TO ACCESS AND USE THE SERVICES

4. YOUR ACCOUNT

5. AUTHORIZED USE OF THE SERVICE

6. YOUR MATERIALS

7. YOUR PURCHASES AND CHARGES

8. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS

9. ACTIVITY CENTER

10. SUSPENSION AND TERMINATION

11. OUR LIABILITY

12. INDEMNIFICATION

13. COPYRIGHT POLICY

14. OTHER IMPORTANT TERMS

15. NOTIFICATIONS AND CONTACT INFORMATION

COPYRIGHT POLICY

Rethink Autism, Inc. ("Rethink", “we”, “our” us”) respects intellectual property rights of others and desires to offer a Service that contains content that does not violate those rights. The Rethink Terms require that information posted by users be accurate, lawful and not in violation of the intellectual property rights of third parties. To promote these objectives, Rethink provides a process for submission of complaints concerning Submissions by users. Rethink’s policy and procedures are set forth in the sections that follow.

Rethink’s policy is to promptly respond to clear notices of alleged infringement that comply with the United States Digital Millennium Copyright Act (DMCA) (17 U.S.C. § 512) the text of which can be found at the U.S. Copyright Office Website (http://www.copyright.gov). This page sets forth the information that should be included in such notices. It is designed to make submission of notices and counter notices more straightforward while reducing the number of fraudulent notices or notices that are difficult to understand or verify.

Prior to serving either a notice of infringing material or counter notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with Rethink’s rights and obligations under the DMCA, and do not constitute legal advice to you.

We expect our users to comply with applicable laws. If, however, we receive proper notification of claimed infringement, our response to such notices may include removing or disabling access to materials at issue and/or terminating users’ accounts, regardless of whether we may or may not be liable for such infringement under United States law or the laws of another jurisdiction.

If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the person who placed the materials at issue on our Service so that they may make a counter notification under the DMCA.

I. INFRINGEMENT NOTIFICATION

Upon receipt of proper notification of claimed infringement, Rethink will follow the procedures outlined herein and in the DMCA.

To file a notice of infringement with Rethink, you must provide a written communication (by fax, regular mail or email) that sets forth the information specified below. Please note that you will be liable for damages (including costs and attorney's fees) if you misrepresent or provide fraudulent statements that the material or any activity is infringing your copyright(s). Accordingly, if you are not sure if you are the proper copyright holder or if copyright laws protect your materials, you may want to consult a lawyer.

To expedite our ability to process your request, please use the following format (including section numbers) and provide:

Title: Notice of Copyright Infringement

  1. Reasonably sufficient detail to enable us to identify the copyrighted work claimed to be infringed. (For example, ‘The copyrighted work at issue is the "name of the work" by "name of the author"’.);
  2. Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (e.g. a link to the page containing the material or the URL);
  3. Information reasonably sufficient to permit Rethink to contact the complaining party, such as a name, an address, telephone number and an email address;
  4. The following statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law";
  5. The following statement: "I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed"; and
  6. Sign the document.
  7. Send the written communication to:

Rethink Autism, Inc. Attn: Copyright Agent 49 West 27th Street, Floor 8, New York, NY 10001 OR fax to: (646) 257.2926 Attn: Rethink Autism, Inc. Copyright Agent OR email to info@rethinkfirst.com

II. COUNTER NOTIFICATION

The provider of an allegedly infringing content, whose material has been taken down or has been notified that an infringement claim has been made against such material, may make a counter notification pursuant to the DMCA. To file a counter notification with Rethink, you must provide a written communication (by fax, regular mail or email) that sets forth the information specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you misrepresent or provide fraudulent statements that the material or any activity is not infringing the rights of others. Accordingly, if you are not sure that you are the proper copyright holder or if copyright laws protect your materials, you may want to consult a lawyer. When we receive a counter notification, we may reinstate the material in question.

To expedite our ability to process your request, please use the following format (including section numbers) and provide:

Title: Counter-Notice regarding Claim of Copyright Infringement

  1. Reasonably sufficient detail to enable us to identify the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  2. Information reasonably sufficient to contact you including your name, an address, telephone number and an email address;
  3. The following statement: "I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located]" (or The Southern District of New York if your address is outside of the United States);
  4. The following statement: "I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent";
  5. The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled"; and
  6. Sign the document.
  7. Send the written communication to:

Rethink Autism, Inc. Attn: Copyright Agent 49 West 27th Street, Floor 8, New York, NY 10001 OR fax to: (646) 257.2926 Attn: Rethink Autism, Inc. Copyright Agent OR email to info@rethinkfirst.com

III. CLAIMS REGARDING CONTENT AND INTELLECTUAL PROPERTY VIOLATIONS (OTHER THAN COPYRIGHT INFRINGEMENT)

To notify Rethink that you in good faith believe that content posted by a user on the Service infringes your intellectual property rights (other than copyright) or is inaccurate or unlawful please follow the process set forth above for copyright infringement, and modify the title of your notice to Rethink to read: “Notice of Content/Intellectual Property Violations.”

If you believe the Notice Of Content/Intellectual Property Violations was submitted in error, or if you contest the removal of the allegedly infringing, inaccurate or unlawful content, you may follow the process set forth above for copyright infringement counter claims and modify the title of you notice to Rethink to read: “Counter-Notice Regarding Claim of Content/Intellectual Property Violations.”

IV. REPEAT INFRINGERS

Rethink may, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.

Effective Date This version of the Copyright Policy is effective as of May 28, 2019.

PRIVACY POLICY

The mission of Rethink Autism, Inc. and its operating division Rethink Benefits (“we”, “our”, “us”) is to offer parents, caregivers and professionals access to effective and affordable treatment tools (“Tools”) related content (“Content”) for individuals with special needs.

Rethink Benefits, operates the website www.rethinkbenefits.com (“Website”) and the Rethink Benefits mobile App (“App”). The Website and the App, or any successor websites and apps, are referred to, collectively as the “Service”.

Taking part in our program, utilizing our assessment and training modules and data gathering, tracking and reporting services as well as other activities and services means sharing information about yourself, your child, your family or about individuals under your treatment or supervision (“you”, “your”).

Your privacy is important to us. This Privacy Policy explains how Rethink collects, uses, shares and protects any personally identifiable information you may provide to us via our Service.

Capitalized terms used in this Privacy Policy that are not defined, shall have the meaning assigned to them in the Terms of Use.

SUPPLEMENTAL EU DATA PROTECTION LAW DISCLOSURES.

The following supplemental disclosures apply to you if you reside and work, or if your employer is based, in a Member State of the European Economic Area or Switzerland:

  1. Data Controller Details. We are an independent data controller: Rethink Benefits, 49 West 27th Street, Floor 8, New York, NY 10001, USA. You can reach our Data Protection Officer at privacy@rethinkfirst.com and +1 646 257 2919 ext 800 or (888) 808-5455. Our representative in the EEA is MyEDPO Ltd, Unit 3d North Point House, North Point Business Park, New Mallow Road, Cork, Ireland, info@myedpo.com and +44 203 870 3376.
  2. Legal Bases for Processing. Legal bases for the processing of your Personal Data are your consent (Art. 6(1)(a) GDPR) and—when we use your data to improve and develop our services—our legitimate interests (Art. 6(1)(f) GDPR).
  3. Recipients in Third Countries. We are based in the United States, a country with respect to which the European Commission has not issued an unlimited adequacy decision. You have consented to the transfer of your Personal Data to us in the United States. You can request from us or from your Organization copies of the data protection-related terms in the applicable contracts, which contain appropriate safeguards for your Personal Data.
  4. Period of Data Storage. We will process your Personal Data only as is necessary to implement, administer and manage your participation in our programs or receive our services, plus a time period required to be stored for tax, audit and legal compliance for a legally prescribed time period thereafter, which is a minimum of 3 years after you stop using our services or terminate our direct relationship.
  5. Data Subject Rights. You have a right to request from us access to and rectification or erasure of your Personal Data, restriction of processing, data portability, and to lodge a complaint with a supervisory authority.

For complete information on our processing of your Personal Data, please consult the Rethink EEA-EU PRIVACY NOTICE

1. COLLECTION OF YOUR PERSONAL INFORMATION

  • 1.1. Information collected to grant access to the Service. You are not required to provide any personally identifiable information in order to access the public portion of the Service. To obtain access to the non-public portion of the Service and to use Content and Tools provided by Rethink via such non-public portion of the Service, you are required to register as a user and create a user profile. Access to the non-public portion of the Service requires use of valid ID and password.
  • 1.2. Setting up a User account. During registration you will be prompted to provide information such as your name, address, email address and telephone number. Depending on our agreement with your Organization (“Organization Agreement”), a User Profile may also include information provided to us by the applicable Organization.
  • 1.3. Our Communications. Whenever you communicate with us, whether via initial registration via the Service, or via email, phone, text or other features of the Service, the information we collect from you (e.g. your name, address, email, telephone number) is added to our electronic communications list.

2. METHODS OF DATA COLLECTION

  • 2.1. Cookies.
    • We utilize “cookies” to, among other things, track usage and trends, allow you to navigate quickly through our Service, facilitate the login processes, allow you to personalize your experience, store your settings and improve the quality of our Service. We also use cookies to collect Service usage information, which helps us improve our Service experiences by measuring which areas are of greatest interest to users. We do not store unencrypted personally identifiable information in the cookies.
    • Cookies are small strings of data that are sent by the Service to your browser and then stored by your browser on your computer’s hard drive, mobile phone, or other device, and allow us to recognize you as a user when you return to the Service using the same device and web browser. Most web browsers automatically accept cookies, but it is possible to change your browser setup or apply other means so that it does not accept cookies. However, rejecting cookies may prevent you from taking advantage of certain portions or functionality of the Service.
    • We use “session” cookies. Session cookies are used to identify a particular visit to the Service and expire after the elapse of a set period or when you close your web browser. We may use different technologies to place such cookies.
    • Log files, Java Script, Analytics and other Tracking Information. Adoption of communications standards on the internet and use of standard analytical tools results in or may lead to the automatic receipt and tracking of (i) the URL of the website from which you came and the website to which you are going when you leave the Service; (ii) your computer operating system and type of web browser you are using; (iii) email patterns; (iv) your mobile device (including your UDID) and mobile operating system (if you are accessing the Service using a mobile device).
    • We may also include web beacons and cookies and other tracking technologies in our e-mail messages, including newsletters, to, among other things, determine how many e-mail messages have been opened.

3. USE OF PERSONAL INFORMATION

  • 3.1. HIPAA and FERPA Compliance. We are committed to full and complete compliance with the rules and regulations of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g and its promulgating regulations, 34 CFR Part 99 (collectively, “FERPA”) as applicable. Accordingly, we will use Protected Health Information (PHI) and Student/(Child) Personally identifiable information (Student/Child PII) that we are granted access to only for the purposes for which we have been contracted. As necessary, we will adjust our policies to adhere to our customers' needs and to adjust to any changes in the HIPAA and FERPA rules.
  • 3.2. Your use of personal information. The features available on the non-public portion of the Service are designed specifically to collect data that is linked to the personally identifiable information. For example, certain features may collect information about a child’s performance of assigned tasks and link such information to the Child Profile to allow the tracking of the child’s progress. You may use this information in any manner you choose to accomplish your own goals and missions.
  • 3.3. How you share your personal information. You may store information in a designated “File Cabinet” which is linked to your User Profile and associated with the Child Profile(s) that you created. Rethink will provide access to such File Cabinet solely to you, but will enable you to designate and permit others to access and share the “File Cabinet”. While Rethink will take all reasonable steps to protect the privacy of information stored in a “File Cabinet”, any content you upload to your file cabinet and any sharing of such information with others is at your own risk.
  • 3.4. Your interactions with other users. Depending on your Organization, you may be able interact with other users from your Organization through interactive sharing and collaborative features that are or may be included in the Service. When you use such features, you should be aware that any information you include is made publicly available to others. We are not responsible for any information you choose to communicate or submit through these interactive sharing and collaborative features.
  • 3.5. How we use your personal information. We collect, retain and use personally identifiable information or other information you provide to us via the Service for legitimate business purposes only, including without limitation, in the following ways to:
    • qualify you as a registered user with access to the password-protected portion of the Service;
    • provide Tools and Content to registered users and to otherwise operate the Service;
    • respond to an inquiry from you or address a request submitted by you, including contacting you directly to request additional information to process your inquiry or request;
    • contact you and provide you information regarding Rethink and/or our business partners and affiliates and our and their respective products and services;
    • notify you about your accounts or transactions with us and to otherwise contact you with information we believe is of interest to you;
    • correspond with you about our features or services or special offers related thereto;
    • facilitate and streamline communications (e.g. email, text) taking place via the Service or as they pertain the Service;
    • facilitate the payment of any fees necessary to access certain aspects of the Service;
    • enhance or develop the Service, Tools and Content;
    • monitor the usage of the Service and any services and features offered;
    • to provide third parties with aggregate anonymous non-personal information about our user base and usage patterns;
    • personalize the features and services;
    • comply with applicable laws, regulations and rules, and requests of relevant regulatory and law enforcement and/or other governmental agencies;
    • to enforce our Terms; and/or
    • protect the rights, property, or safety of Rethink, our personnel, users, and others.
  • 3.6. How we share your personal information. We do not sell or license your personally identifiable information to third parties. We may share your information only with our affiliates, business partners or third-party service providers to provide you with the features and services of the Service. For example, we may hire or collaborate with a third party company to help manage emails or text messages, and for that purpose we may provide them with your email address and telephone number and certain other information, in order for them to send you email messages or texts on our behalf. Similarly, we may hire companies to host or operate some of our websites, mobile apps and related computers and software applications. Each third-party service provider must agree to use reasonable security procedures and practices, appropriate to the nature of the information involved in order to protect your personally identifiable from unauthorized access, use, or disclosure. Service providers are prohibited from using personally identifiable information other than as specified by us.
  • 3.7. We aggregate anonymous information. We may share, aggregate, anonymous statistical, non-personal information regarding the users of the Service, traffic patterns, and Service usage with our affiliates or business partners and with your Organization.
  • 3.8. Payment Information. We provide, or may in the future provide, you with an option to directly purchase from us additional access to certain Tools and Content via the Service. In order to purchase such additional access you will be required to provide a mailing address, billing address, credit card number, and/or other payment information necessary to facilitate the payment, all of which will remain private and not become visible to other users. Credit cards processing is performed by a third-party service provider and we do not retain your financial information.
  • 3.9. We may share your personal information to comply with Laws. We will disclose information we maintain, including personally identifiable information, when required to do so by law, or may disclose such information in response to a request from a law enforcement agency or authority.
  • 3.10. We are not responsible for privacy practices of third-party websites. The Service may contain links to third party websites, products or services that may offer the ability to download or access software, content, products and services. We and our providers do not control, endorse or sponsor and therefore are not responsible for such websites and any content, products, services or any links or advertisement contained therein. We do not review or approve such third-party privacy policies and practices and will not be held responsible for them. You should review the privacy policies posted on such third-party websites.
  • 3.11. Your testimonials and endorsements of Rethink. If you provide any testimonials about or endorsements of our products or services we may post them in connection with our promotion of these features or services to others. Testimonials and advertisements may include your name and other personal information that you have provided.
  • 3.12. How we utilize polls and surveys. We may conduct polls and surveys either directly or through third parties. Your selection may be random, or it may be based on your non-personally identifiable information, such as geographic location, etc. Your participation in a poll or survey is voluntary. Rethink or its third-party service providers may target some advertisements or incentives to you based on polls or survey results. If the delivery of incentives requires your contact information, you may be asked to provide personally identifiable information to the third-party provider fulfilling the incentive offer, which will only be used for the purpose of delivering incentives and/or verifying your contact information. Taking advantage of such incentives and providing such information is voluntary and at your sole discretion.

4. PERSONAL INFORMATION OF CHILDREN

  • 4.1. Eligibility age of users. The public portion of the Service is open to non-registered users, for which we neither require nor ask for personally identifying information. With the exception of the Activity Center (as detailed below), the non-public portion of the Service and any features and services offered as part of it, are intended solely for users who are eighteen (18) years of age or older and who are not considered to be minors in their state or country of residence. We do not intend to collect personally identifiable information from anyone we know to be under 18 years of age.
  • 4.2. Setting up a Child Profile. The Service allows you to create a profile of your child or a child you are treating or supervising (“Child Profile”). You will be prompted to provide information related to such child such as name, date of birth, and gender. In addition, you have the option to choose an educational classification (e.g. Autism, Asperger’s Syndrome, Childhood Disintegrative Disorder, Rett’s Disorder, Pervasive Development Disorder, etc.), to identify areas of concern. At your choice, you can also upload a photo of the child. The Child Profile is linked to your “File Cabinet” which is accessible only by and others you have granted access to. You have the right to designate and permit others to access the “File Cabinet” at your own risk understanding they would have access to the child’s personally identifiable information.
  • 4.3. Activity Center.
    • The non-public portion of our Service offers, or may in the future offer, certain features designed to be used by children of all ages, including children under the age of 13 (“Activity Center”). The performance information of an individual student/child that is completing learning activities in the Activity Center will be retained and linked to the Child Profile of that student/child to allow the tracking his or her progress.
    • Children may access the Activity Center only if they are added to the User Account with the express, prior consent of the child's parent or caregiver. At all times, you may request that we remove the child's access to the Activity Center.
    • Use of the Activity Center by anyone younger than 18 is permitted only under the supervision a parent or a caregiver who agrees to be bound by the Terms.
    • We do not require or ask children to divulge any personally identifying information as part of the Activity Center or any other parts of the Service. If we become aware that a child under 18 has provided or attempted to provide us with personal information, we will use our best efforts to remove the information permanently from our files.
    • Questions. If you have any questions about children privacy protection please reach out to us at: Rethink Autism, Inc., Atten: Data Protection Officer, 49 West 27th Street, 8th Floor, New York, NY 10001, P: (888) 808.9455 or (646) 257-2919 ext. 800, F: (646) 257.2926, privacy@rethinkfirst.com

5. RETENTION OF PERSONAL INFORMATION

  • 5.1. Storage of your personal information.
    • Your personally identifiable information may be stored and processed in the United States or any other country where Rethink may have facilities and/or servers.
    • By using the Service or any of our features and services, you consent to the transfer of your personally identifiable information outside of your country of residence. We will endeavor to adhere to the principles set forth in this Privacy Policy, regardless of whether information is collected, transferred or retained in countries or jurisdictions that do not require a similar level of protection of your personally identifiable information.
    • We will retain your personally identifiable information for as long as necessary to: (i) permit us to use it for the purposes that we have communicated to you; (ii) comply with our legal obligations, resolve disputes and enforce the Terms; and (iii) comply with applicable laws, rules or regulations.
  • 5.2. Security measures we employ to protect your personal information.
    • We employ reasonable security systems, procedures, and practices appropriate to the nature of the covered information to protect the personally identifiable information we receive from you from unauthorized access, destruction, use or disclosure.
    • Access to your data on the Service is password-protected, and sensitive data (such as credit card information and health information) is protected by TLS encryption when it is exchanged between your web browser and the Service.
    • Please be aware that Internet data transmission is not always secure and we cannot warrant that information you transmit utilizing the Service may not be intercepted, accessed, disclosed, altered, or destroyed by breach of any of our safeguards.
    • Because security is important to both you and us, we will always make reasonable efforts to ensure the security of our systems, however it is your responsibility to protect the security of your login information. If you suspect unauthorized access to your information, it is your responsibility to contact us immediately. Please note that emails, messaging features, texting and similar means of communication with other users are not encrypted, and we strongly advise you not to communicate any confidential information through these means.

6. YOUR INFORMATION CHOICES

  • 6.1. Modification. We strive to maintain the accuracy of any personally identifiable information that may have been collected from you and will use our commercially reasonable efforts to respond promptly to update our database when you tell us the information in our database is inaccurate. It is your responsibility to ensure that such information is accurate, complete, and up to date. You may review and update personally identifiable information that you have provided to us at any time by signing in and visiting your User Profile.
  • 6.2. Termination. You may withdraw your consent to the collection and processing of your information at any time, by terminating your use in accordance with the Terms, but please note that your withdrawal of consent will not be retroactive such that information that you publicly posted, or that you shared with others, or that others have downloaded or copied onto their computer or devices may be not be eliminated. Upon termination, we will eliminate the information you supplied to us, provided that we may keep a copy of it in our archives for uses documented in this Privacy Policy and the Terms or for regulatory and compliance purposes.
  • 6.3. Opt out/unsubscribe. You may opt out of or unsubscribe from receiving certain communications from us and our affiliates and providers by following the opt-out/unsubscribe link provided in emails received from us or the opt-out method indicated in text messages received from us, or otherwise by emailing us at support@rethinkfirst.com. Please be aware that we will process your request as quickly as we reasonably can, but it may not be possible to update our systems immediately.

7. OTHER IMPORTANT TERMS

  • 7.1. Your use signifies your consent to this privacy policy. By providing information for the purpose of creating your User Profile and Child Profile and other data you input via the Service, you are expressly and voluntarily accepting the terms and conditions of this Privacy Policy that allow us to collect, process and control information about you and use and share it as set forth herein.
  • 7.2. How we may change this Privacy Policy. We may, at our sole discretion, change, modify, add, or delete portions of this Privacy Policy at any time. If any material term of this Privacy Policy is changed, we will revise this Privacy Policy to reflect such change and provide you with appropriate notice and choices. You may always visit this policy to learn of any changes and updates. In the event we modify this Privacy Policy, such modified version shall be effective upon posting. We will indicate at the bottom of this Privacy Policy the date this Privacy Policy was last revised.
  • 7.3. Business Transfer. We may, in the future, disclose or otherwise transfer some or all of our assets including your personal information and other information you provide to another third party as part of a sale (actual or negotiated) of the assets of Rethink, its affiliates, a subsidiary or division or as the result of a change of control (actual or negotiated) of Rethink or its affiliate. Any third party to which Rethink transfers or sells the assets as set forth in the foregoing sentence, will have the right to continue to use the personal and other information that you provide to Rethink.
  • 7.4. Questions, Comments And Concerns Please address any questions, comments or concerns about our Privacy Policy to privacy@rethinkfirst.com
  • 7.5. Effective Date This version of the Privacy Policy is effective as of May 28, 2019.
© Rethink. All rights reserved | Rethink 49 West 27th Street, 8th Floor, New York, NY 10001 | P 800.714.9285 F 646.257.2926 | support@rethinkbenefits.com