Terms of Use

These terms of use (“Terms of Use”)are provided on behalf of Operation Broken Silence (also referred to as “we,” “us” and “our”).  They form an agreement between us and you that governs your use of and access to our website, www.operationbrokensilence.org (the “Website”) and our products and services (each, a “Service,”and collectively referred to as the “Services”). You must be an individual aged 18 or older to use this Website. By using the Website or the Services, you acknowledge that you have read, understand and agree to be bound by these Terms of Use. 

These Terms of Use also document our data protection policy and the rights of individuals that we engage with ("Data Subjects") with respect to personal data under the General Data Protection Regulation ("GDPR").  If you do not wish to be bound by these Terms of Use, you must not access or use the Website or the Services. If these Terms of Use conflict with another agreement you have entered into that also applies to the Services offered on the Website, the other agreement will take precedence as it applies to the Services, unless it specifically states otherwise.

Website Use and Restrictions

You may use the Website only for lawful, personal, informational, and non-commercial purposes.  You agree to abide by all applicable laws and regulations in your use of the Website and the Services and not to use the Website to do any of the following:

  • Disseminate any unlawful, harassing, abusive, libelous, threatening, harmful, vulgar, obscene, indecent, or otherwise objectionable material.  
  • Violate any applicable law or instruct another to do so.
  • Disrupt, Interfere, or restrict any other user's use and enjoyment of the Website.
  • Register for an account on behalf of an individual other than yourself or misrepresent your age or identity, including by impersonating us or any member institution or staff thereof.
  • Transmit or enable the sending of any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
  • Provide any investment advice or otherwise violate applicable securities laws, or undertake or promote other commercial activities or sales, such as contests, sweepstakes and other sales promotions, or advertising.
  • Upload, distribute, or attach files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer or network.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any portion of the Website or the Services, the servers on which the Website or Services are stored, or any server, computer, or database connected to the Website or the Services.
  • Attack the Website or Services via any type of denial-of-service attack. 

Privacy and GDPR 

Our Privacy Policy and applicable online security and privacy practices apply to your use of the Website and the Services, and their terms are incorporated by reference and made part of these Terms of Use.  To view our Privacy Policy, click here.

Your privacy is important to us and we take comprehensive and legally-required measures to protect all processing of personal data.  We gather and process your personal data in accordance with this Privacy Policy and in accordance with the relevant data protection laws and regulations.  

Within the EU/EEA, the European Union's General Data Protection Regulation (GDPR) applies to such data.  In accordance with applicable data protection regulations, we, or a company otherwise specified, are the data controller and are responsible for the processing of your personal data as set out below.  If you have any questions about this information, or if you wish to exercise any of your rights as set out below, please contact us via the contact details listed below.

Collection and Processing of Personal Data

The GDPR defines "personal data" as any information relating to an identified or identifiable natural person (a 'Data Subject').  An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, image, personal identification number, contact details, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.  Personal data processing refers to any action that we or a third party that we have engaged take with the personal data, such as collection, registration, and storage. 

Personal data may only be processed for specified and explicitly stated purposes and may not be subsequently processed for any purpose that goes beyond these purposes. If you have any questions about how we process your personal data or want information about and contact details for the designated data protection officer/role responsible for our personal data matters, please contact us by e-mail or telephone via the contact details below.

Legal Basis for Processing and Storage Period

We process your personal data when necessary for the performance of an agreement with you and when we have another legitimate and justifiable interest in processing your personal data, such as an interest in developing our website or our products and/or services. If we process your personal data for any purpose which, according to applicable law, requires your consent, we will obtain your consent before commencing with such processing.

The data we collect in accordance with the above is deleted when the purposes of the processing have been completed.

Restrictions on the disclosure of personal data

We may appoint external partners to perform tasks on our behalf, such as providing technology services or helping with marketing. The performance of these services may mean that our partners, whether located within and outside of the EU/EEA, are able to gain access to your personal data. Companies that process personal data on our behalf must always sign an agreement with us obligating them to use lawful and adequate levels of protection of your personal data.  For partners located outside the EU/EEA, as applicable and required by law, these measures include executing agreements with our partners that include the standardized model clauses for data transfers adopted by the EU Commission and which are available on the EU Commission’s website.

We also may disclose your personal data to third parties, for example the police or other public authorities, if it concerns criminal investigations or if we are otherwise required to disclose such data by law or public authority decision. We will not disclose your personal data to any extent other than described in this section.

Your rights and the right to lodge a complaint

Under the applicable data protection legislation you are entitled, at any time, to request access to the personal data that is processed about you, to have erroneous personal data corrected, to request that we shall stop processing and delete your personal data, to request that the processing of your personal data is restricted, to exercise your right to data portability, to withdraw consent to particular processing (where such consent has been obtained) and to object to the processing of the personal data. In such event, please contact us via the contact details listed below. You are also entitled, at any time, to lodge a complaint with the relevant supervisory authority if you consider that your personal data has been processed in contravention of applicable data protection legislation.

Third-Party Links

By clicking on certain links on the Website, you may be transferred to another website owned by a third party. Please be aware that their data privacy practices may differ from ours and our Terms of Use do not apply. We are not responsible for or have any control over any information that is submitted to or collected by other companies or their websites.  We recommend that you review the policies and terms of use associated with third party websites and online services prior to providing them with any personal information. We hereby disclaim any liability of any nature whatsoever for any information or products offered by third parties, their websites, or online services.

Your Account

You will be required to create an account to access certain parts of the Website and use the Services.  When you create an account, you will be required to pick a username and a password.  You agree to (i) maintain the confidentiality and security of your username and password, (ii) promptly update any information you provide to us in connection with your account and to keep it accurate, current and complete, and (iii) be fully responsible for all use of your account and for any actions that take place using your account. If there has been any disclosure or unauthorized use of your account, you agree to notify us promptly of such disclosure so we can take appropriate security measures.  

We reserve the right, at our sole discretion, for any reason, at any time, with or without notice to you, to modify or discontinue, temporarily or permanently, the Website (or any part thereof) or to terminate your username and account and/or your access to the Website (or any part thereof). Under no circumstances shall we be liable for any loss, damage, liability, or expense incurred or suffered which is claimed to result from your use of the Website or Services made available on the Website, including without limitation, any fault, error, omission, interruption, or delay with respect thereto.

Intellectual Property

All information incorporated within the Company's Website including all logos, text, graphics, images, video clips, scripts, page headers, programs, and content associated with our products and Services, are owned by us, licensed by us, or subject to any copyright, patent, trademarks, registered trademarks, or other intellectual property rights. We reserve our rights in all of the foregoing to the extent that they are protected by intellectual property rights and treaties worldwide.  

You may not copy, imitate, transmit, reproduce, publish, license, transfer, sell, or use any of our or our licensors' intellectual property, including the Website and its content, without prior written consent.  We and our licensors' retain exclusive right, title and interest in and to the Website, any content thereon, our products and Services, the technology related to our products and Services, any and all technology and any content created or derived from any of the foregoing.

General Disclaimer

Your access and use of the Website, the Service, and their contents is at your own risk.  We make no representations or warranties, whether express or implied, as to the accuracy and timeliness of the contents of the Website or the Services and assume no responsibility for the consequences of their use.  If we are informed of any inaccuracies in the material on this Website, we will attempt to correct the inaccuracies as soon as reasonably possible.  

We also shall not be liable for and give no warranties to you or any third party as to the suitability of the Website or Services for a particular purpose.  The Website, Services, and all of their contents therein are provided "as is" and "as available" without any warranty or guarantee that the Website will always be available, fault-free, or completely secure.  We do not warranty or guarantee that the Website is free of viruses or other harmful components and we will not be liable to you if our Website is unavailable for any reason at any time or for any period. Your access to this Website may be restricted occasionally to allow for repairs, maintenance, or the introduction of new facilities or services.

Limitation on Liability

To the maximum extent permitted by law, we and our affiliates, contractors, and their respective officers, directors, employees, agents, licensors, or representatives exclude all liability and responsibility whether in contract, tort, negligence, strict liability, or other claim for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages resulting, directly or indirectly, from any use or inability to use the Website or Services.  This includes any damages caused by or resulting from any failure of performance, error, omission, interruption, effect, delay in operation or transmission, computer virus, loss of data, theft or destruction or unauthorized access to or alteration or use of records related to the Website or the Services or any website operated by any third party.  No action arising out of or pertaining to these Terms of Use may be brought more than one (1) year after the cause of action has arisen.

Indemnification

As a condition of your use of this Website, you agree to indemnify, defend, and hold harmless Operation Broken Silence and our affiliates, partners, officers, employees, agents, representatives, suppliers, licensors, and content and service providers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use or any activity, including negligent or wrongful conduct, by you in connection with your use of this Website or the Services. You will cooperate as fully as reasonably required in the defense of any such claim or demand. We and any third party involved in creating, producing, or delivering the Website or Services reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, at your expense, and you will not in any event settle any such matter without our prior written consent and any such third party.

Material From Users

All material and communications transmitted to or posted on the Website in connection with your use of features on the Website will be considered non-confidential. We have the right to use such material for commercial or non-commercial purposes except as specifically agreed or required by law. All information submitted to us via this Website shall be deemed and remain our property and we shall be free to use, for any purpose, any idea, concepts, know-how, or techniques contained in information you provide through this Website.  When using the Website, you may not provide any material or information that is illegal, may be perceived as offensive, constitutes marketing, or may otherwise be perceived as inappropriate. Such content will be removed from the Website and we also reserve the right to terminate services on the Website that you may have joined.

In the event that material and communications set to us through the Website contain personal data, the details set forth in our Privacy Notice and below shall apply.  

International Users

The availability of products and services described on this Website, as well as associated fees, charges, interest rates, and balance requirements may differ among geographic locations. We make no representation that the Website or the Services are appropriate or available for use in all locations or by all users and, whenever possible, has prohibited use of certain Website features and Services by anyone located outside the U.S.  The information provided on this Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us or our affiliates, employees, directors, officers or agents to any registration requirement within such jurisdiction or country.

By using the Services, you consent to the collection, storage, processing, and transfer of your information in and to the United States, pursuant to applicable law and according to our Privacy Policy.  Note that not every country offers the same level of privacy protection as you may have in your home country. We commit to uphold the privacy protections explained in this Terms of Use, the Privacy Policy, and any data protection laws that apply to our Services.

Jurisdiction

The Website and the Services are controlled and operated by Operation Broken Silence from our offices within Memphis, Tennessee, United States of America.  These Terms of Use shall be governed by and construed in accordance with the laws of Tennessee, without giving effect to any choice of law principles.

California Rights

If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your PII by us to a third party for the third party's direct marketing purposes. We do not share, sell, rent, or trade your PII with any third parties for promotional purposes. To make such a request, please refer to the "Contact Us" section below.

Children’s Privacy

The Services do not target or knowingly collect, use, or disclose personal information from children under the age of 13 without prior parental consent, except as permitted by the Children’s Online Privacy Protection Act (“COPPA”). If we learn that we have collected personal information from a user under 13, we will promptly delete personal information collected from that user.

Amendments

We reserve the right for any reason to update these Terms of Use at any time without notice to you.  Any updates or modifications to these Terms of Use will become effective immediately upon the posting thereof on this Website.  Please review these Terms of Use from time to time as your continued use of the Website following any updates will constitute your acceptance to any such changes to the Terms of Use. If you do not wish to accept the new Terms of Use, you should not continue to use the Website.

Contact Us 

If you have questions or concerns regarding the Website, the Services, or these Terms of Use, please contact us at:

By Mail: Operation Broken Silence, PO Box 770900, Memphis, TN  38177–0900

Or you may submit questions, comments, and requests to our web form located at: https://www.operationbrokensilence.org/contact/

Miscellaneous 

We reserve all rights not expressly granted under these Terms and Conditions, and no other rights are granted by implication or estoppel or otherwise.  The headings in these Terms and Conditions are for convenience only and have no legal or contractual effect.

Effective May 24, 2018.