Certification Board of Infection Control and Epidemiology, Inc. (CBIC®)

Privacy and Data Protection Policy/Website Terms of Use

A. INTRODUCTION

This Privacy and Data Protection Policy and Terms of Use (this "Policy") covers the handling by The Certification Board of Infection Control and Epidemiology (CBIC), a nonprofit corporation ("CBIC,” "we," "our" or "us"), of personal information (as more fully defined below and referred to herein as "Personal Information") that may be collected or submitted when you use CBIC's Website (this term includes all online services offered or provided by CBIC, which are collectively referred to as the "Website") or other services of CBIC, including applying for exams or purchasing merchandise. To the extent that you have registered for and are using CBIC's iMlS Database (the "Database"), the Terms and Conditions of Use applicable to the Database are hereby incorporated into this Policy and this Policy should be read in conjunction therewith (provided, however, that, with respect to matters pertaining to the Database, in the event of a conflict between said Terms and Conditions of Use and this Policy, said Terms and Conditions of Use shall control; and provided, further, that with respect to matters pertaining to the Website or any other services of CBIC, in the event of a conflict between said Terms and Conditions of Use and this Policy, this Policy shall control). CBIC acknowledges that you may have privacy and security concerns with respect to the information we collect, use, and disclose to third parties for the purpose of allowing us to offer and provide the Website and our services, whether pertaining to or otherwise, so we have provided this Policy to explain, in as clear and plain language as possible, how we collect and use information.

Please read this Policy carefully, before using the Website or CBIC's services pertaining thereto or otherwise, so you can fully understand our practices in relation to Personal Information, before we begin processing your information. By accessing the Website and/or otherwise purchasing and/or using CBIC's services, you are agreeing to be bound to the terms hereof and all applicable laws and regulations, and you agree that you are responsible for compliance with same. If you do not agree to the terms hereof, you are prohibited from accessing and using the Website or any service offered or provided herein or otherwise by CBIC.

Depending on the country in which you are located, you may have additional rights under Part C of this Policy.

B. PRIVACY POLICY

1. What is "Personal Information"

This Policy undertakes to protect the Personal Information of individuals wherever located and covers many processing activities, including collection, storage, consultation, transfer, and destruction, of this data. "Personal Information" means any and all information relating to an identified or identifiable natural person including, without limitation, your name; gender; date of birth or age; email address; home, work and/or mobile phone numbers; home and or work addresses; education, employer and employment date; information about your supervisor, your professional designations and titles; health abilities and accommodation information; and Social Security Number, passport number, or other government-issued identification number. You may also be identifiable from information such as an online identifier, IP address, unique device ID or cookie.

2. Data Collected by CBIC

Our site uses order forms for customers to request information, products, and services. We collect users' contact information (e.g., name and e - mail address), financial information (e.g., account or credit card numbers), and other Personal Information. Financial information is used to bill the user for products and services and then is deleted from our records in compliance with the Payment Card Industry Data Security Standard (PCIDSS). Contact information from the order form is used to send orders, provide services, contact the user regarding any problems with the order, and to provide the user with information about our association, including promotional materials. Information about your employer and supervisor is used to properly process certain applications for our services. In the event that you request accommodation in testing procedures or locations, we may request information to assist in providing such accommodation.

Personal Information may also be collected, or your IP address logged, when you visit the Website. Such Personal Information allows CBIC to understand how you use the Website in order to improve your experience. Information regarding your computer, your connection to the Website (such as your browser type, operating system and platform), and your user history (including, but not limited to, your session information, page errors, and the length of your visits to specific pages within the Website) may also be collected.

CBIC uses cookies to remember certain Personal Information regarding your use of the CBIC Website. Cookies are electronic identifiers that are transferred automatically to your computer through your browser that allow our computers to save certain information you provide us and store information about you so we can recognize you when you visit the Website in the future. This allows you to avoid logging in more than once, which saves time, and creates a customized Website that fits your needs. You may, at any time, disable or refuse to accept cookies by changing the preferences or settings on your web browser. If you choose to disable cookies, you will still be able to use the Website. However, you will not be able to fully take advantage of certain automation and other functionality features available.

3. How CBIC Uses Personal Information

CBIC may use Personal Information you provide for purposes such as:

  • Carrying out an application purchase made by you;
  • Fulfilling your requests for services (including purchases);
  • Processing payment information when you purchase services from CBIC;
  • Customizing content and otherwise improving the content and overall look and feel of the Website and our services;
  • Contacting you;
  • Conducting research;
  • Emailing advance notice of recertification;
  • Sending email to confirm of your certification/recertification;
  • Generating certificates of attendance, credentials, verification, etc. as may be applicable;
  • Recording and maintaining continuing education information for purposes of awarding and verifying continuing education attendance, participation, qualifications and credits;
  • Providing support services; and
  • Responding to and resolving complaints.

4. How CBIC May Share Your Data

It is CBIC's policy not to disclose any of your Personal Information to any individual, business, government entity or other outside party except to:

  • provide services you have requested from us;
  • in response to a validly-issued subpoena, court order or other legal process;
  • when necessary to establish or exercise our legal rights or defend against legal action;
  • where you request CBIC to do so;
  • share with third parties involved in the testing process, which third parties are under a confidentiality obligation;
  • share with third parties providing administrative or other support functions to CBIC, which third parties are under a confidentiality obligation; and
  • confirm or verify certification status.

It is CBIC’s policy not to sell any of your Personal Information to anyone.

CBIC may also use return email addresses to answer email we receive from you. Such addresses are not used for any other purpose.

Once your Personal Information has been shared with a third party, CBIC no longer has direct control over that information, but we require our contractors and others who help us provide the Website and services to agree to contractually abide by confidentiality obligations.

Your Personal Information will not be collected for use that is in violation of the law or unrelated to that discussed in this policy

5. How We Protect Personal Information/Data Security

This Policy reflects a comprehensive approach to privacy and data security that complies with applicable laws and generally accepted best business practices.

Specific privacy and data security measures include the following:

  • No sensitive Personal Information such as credit card numbers, bank account numbers, passport, and social security numbers, is stored on CBIC's servers.
  • CBIC follows generally accepted best practices for secure software development.
  • All data is stored on physically secure hardware.
  • Personal Information is secured behind network firewalls and access requires login credentials.
  • All data processed through Websites is encrypted in transit.
  • In the unlikely event of a data breach, CBIC has policies in place to promptly notify affected parties.
  • Data security is regularly audited by third parties.

6. Third Party Websites

To the extent that the Website contains links to other, third-party websites, we encourage you to take reasonable precautions when sharing your Personal Information on third party websites. Please be aware that we have no control over the content and practices of such other sites and cannot accept responsibility for their respective privacy or use policies.

C. GENERAL DATA PROTECTION REGULATION (“GDPR”)

In addition to Parts A, B, D, and E of this Policy, if you are a resident of the European Union, the provisions of this Part C are applicable to you. All references in this Policy to Personal Information are meant to include “personal data” as used in the GDPR.

1. The consent process

As part of the contracting process or at any time thereafter, you have the right not to consent to the processing of Personal Information, in the case of voluntary data processing, or to withdraw this consent at any time.

You always give your consent to the processing of Personal Information for a specific purpose.

2. Your Rights

In connection with the processing of your personal data, you have:

  • the right to clear, transparent and comprehensible information about how we use your personal data and what your rights are (this document is also used for this);
  • the right to access personal data and provide other information related to their processing;
  • the right to correct incorrect and incomplete personal data;
  • the right to delete your personal data, especially if they are no longer needed for further processing / you have revoked your consent to their processing / you have rightly objected to their processing / have been processed illegally / must be deleted in accordance with legal procedures;
  • the right to restrict the processing of your personal data if you challenge the accuracy of personal data until we verify their accuracy / processing is illegal / we no longer need it, but you need the data for the purposes of asserting your legal claims / object to their processing until we verify, whether our legitimate reasons outweigh your interests;
  • the right to object to the processing of your personal data if we process it for the purposes of our legitimate interests;
  • the right to obtain your personal data and transfer it to another service provider;
  • the right to file a complaint with an applicable office.

3. Improper Processing of Personal Information

If you believe that we are processing your Personal Information in violation of the protection of your private and personal life or in violation of the law, you may:

  • ask us for an explanation - see the contact details at the end of this Policy; and
  • demand that we eliminate the situation thus created. In particular, it may be a matter of blocking, correcting, supplementing or disposing of Personal Information.

If your request is found to be justified, we will immediately remove the defective condition.

4. Your access to information

If you want to obtain information about the Personal Information we process about you, then please proceed as follows:

  • We will provide you with information on the basis of your written request, which you will send to our company at the address at the end of this Policy; and
  • Information about the processing of Personal Information of the data subject is sent by our company only in writing, in the form of a registered letter to the address you provided in the application. Provide your contact details in the application. We have one month to process the application, with the possibility of extending this period in justified cases.

5. Withdrawal of consent

In the case of so-called voluntary processing, you are entitled to revoke the consents provided at any time. You can revoke the consent granted or, conversely, grant consent to the processing of personal data only in writing.

D. TERMS OF USE

1. Use License/Ownership

Permission is granted to temporarily download one copy of the Website content which we make available from time to time to Website users on the Website including, without limitation, all text, designs, images, photographs, forms, audio content, video content, certification marks, trademarks, service marks, and other content of any kind (the "Website Content"), for individual, non-commercial transitory viewing only (the “Limited License”). This is the grant of a license, not a transfer of title, and under this license you may not (a) modify or copy the Website Content; (b) copy, display, or use any certification mark, trademark, or service mark without our prior, written consent; (c) use the Website Content for any commercial purpose, or for any public display (commercial or non-commercial); (d) attempt to decompile or reverse engineer any software contained on the Website; (e) remove any copyright, certification mark, trademark, service mark, or other proprietary notations; or (f) transfer any Website Content to another person or "mirror" the Website Content on any other server.

The Website is our proprietary property and all Website Content, source code, databases, functionality, software, Website designs, audio, video, text, photographs, and graphics on the Website (collectively, the "Website Proprietary Components") and the certification marks, trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. Except as expressly provided in this Policy, no part of the Website and no Website Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

The Limited License shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time. Upon terminating your viewing of these materials or upon the termination of this Limited License, you must destroy any downloaded materials in your possession whether in electronic or printed format.

2. Disclaimer

Information, services and/or other features contained in this Website are being provided for general educational and informational purposes only and are not intended to be a substitute for independent medical judgment or constitute case-specific medical advice or treatment in any way. Such information, services and/or features are not intended to serve as the primary basis for making personal or professional medical decisions, nor are they intended to be a substitute for professional medical advice. Always seek the advice of your physician or other qualified health provider prior to making any treatment or diagnosis decisions. You should confirm any information obtained from this site with other sources before undertaking any treatment or otherwise taking any actions relating thereto. Any reliance on any information, services or other features contained in this site is solely at your own risk.

The Website could include technical, typographical, photographic or other errors. We do not warrant that any of the Website Content is accurate, complete, or current. We reserve the right to make changes to the Website and the Website Content at any time and from time to time without notice.

THE CONTENT AND THE MARKS ARE PROVIDED ON THE WEBSITE "AS IS " AND WITHOUT ANY REPRESENTATION OR WARRANTY OF ACCURACY. CBIC EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEBSITE AND THE WEBSITE CONTENT INCLUDING, WITHOUT LIMITATION, ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL CBIC BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF OR RELIANCE ON THE WEBSITE OR ANY WEBSITE CONTENT OR FOR LOST REVENUES OR LOST PROFITS.

CBIC does not assume and hereby disclaims any and all liability to any person or entity for any claims, damages, actions, suits, liability, lost revenues, lost profits, or other loss including, without limitation, any liability for injury or other damage resulting from any use of or reliance on the Website or any Website Content or from the posting of any content or material by any third party. No use of, or reliance on, any materials included in this site shall be deemed to give rise to a physician-patient relationship. No Website Content shall be deemed to present the only or necessarily the best method or procedure with respect to a matter discussed on the Website; rather, any such material shall be acknowledged as only the approach or opinion of the discussant. The user of the Website assumes all risks of using the Website Content.

3. Limitations

IN NO EVENT SHALL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, REVENUES, OR PROFIT, OR DUE TO BUSINESS INTERRUPTION) ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE OR THE WEBSITE CONTENT, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU.

4. Accuracy of Information You Enter

You represent and warrant to us that all information you enter on the Website including, without limitation, any online form, and including, without limitation, any Personal Information, employer and supervisor information, and payment information is accurate as of the time entered. You further agree to indemnify, hold harmless, and defend us, our affiliates, and our business partners from and against any claims, damages, actions, suits, liability, lost revenues, lost profits, or other loss, including reasonable attorneys' fees and expenses, arising out of your breach of the foregoing representation and warranty.

5. Interruptions

We cannot guarantee the Website and Website Content will be available at all times. We may experience hardware, software, or other problems, or need to perform maintenance related to our Website and/or Website Content, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Website and Website Content at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Website or Website Content during any downtime or discontinuance of the Website. Nothing in this Policy will be construed to obligate us to maintain and support the Website or Website Content, or to supply any corrections, updates, or releases in connection therewith.

6. Electronic Communications, Transactions and Signatures

Visiting our Website, sending us emails, and completing on line forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE WEBSITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

7. Term and Termination

The terms of this Policy shall remain in full force and effect with respect to you and CBIC while you use the Website and/or the Website Content and shall survive such use.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE OR DELETE ANY WEBSITE CONTENT OR INFORMATION PERTAINING TO YOU AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. In addition to terminating or suspending your use, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

E. MISCELLANOUS

1. Changes to This Policy

We may, from time to time, change this Policy. We encourage you to visit and review this Policy frequently to stay informed. We disclaim any obligation to contact you regarding any change to this Policy. Other changes, including amendments made to the Policy to comply with legal requirements, will become effective immediately upon their initial posting.

2. Indemnification

You agree to indemnify, hold harmless, and defend us, our affiliates, third parties providing payment processing and test proctoring services, and the respective directors officers, agents, contractors, partners, and employees thereof, from and against any claims, damages, actions, suits, liability, lost revenues, lost profits, or other loss, including reasonable attorneys' fees and expenses, due to or arising out of: (a) your use of the Website or any of our services, whether within the Website or otherwise; (b) your breach of the terms of this Policy; (c) your entering of inaccurate information on the Website including, without limitation, any online form, and including, without limitation, any Personal Information, employer and supervisor information, and payment information; (d) your violation of the rights of any third party, including but not limited to intellectual property rights; or (e) any harmful act toward CBIC or any other user of the Website. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

3. Governing Law

This Policy is governed by and construed in accordance with the laws of Wisconsin and you irrevocably submit to the exclusive jurisdiction of the courts in Virginia having jurisdiction over CBIC's principal office in Arlington, Virginia.

4. How to Contact CBIC

If you have any concerns or questions with respect to any matter covered by this Policy, you may contact us at the following address: E-mail: info@cbic.org:

CBIC

1400 Crystal Drive

Suite 900

Arlington, VA 22202

202-454-2625

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