Legal

Terms and Conditions of Use and Privacy Policy

Dated: September 13, 2017

Welcome to the New York State Donate Life Registry website and associated microsites and social networking sites (the “Sites”). The Sites are operated by the New York Alliance for Donation, d/b/a Donate Life New York State, for and under contract with New York State and the New York State Department of Health (“Department”) (collectively, Donate Life New York State, New York State and the Department are referenced herein as “the Registry”).

The purpose of the New York State Donate Life Registry is to allow individuals to document their consent to donate their organs, eyes, and tissues upon their death, for the purpose of making organs, eyes, and tissues available for transplantation and/or research.  An individual’s enrollment in the Registry also authorizes information to be shared at or near the time of death with federally regulated organ procurement organizations, eye and tissue banks licensed by New York State, and other entities authorized by the New York State Commissioner of Health.

  1. Introduction

The Sites are provided for general information purposes only and to provide users with the opportunity to register as an organ and/or tissue donor. The health-related information provided on the Sites is general in nature and is not a substitute for professional or expert medical advice or care. It is not intended to be used by any individual or entity for diagnosing or treating a health problem or a disease. If you have or suspect you may have a health problem, you should consult your health care provider, agency or professional. The Sites should not be treated as a comprehensive source of information, and the information obtained from the Sites should not be treated as medical advice. Before basing a decision on any of the information obtained from the Sites, you should discuss it with your physician, lawyer, religious leader, or other advisor as appropriate.

Use of the Sites is governed by this document, known as the Terms and Conditions of Use and  Privacy Policy.  By accessing the Sites, you accept the terms set forth in this document.  The Registry may change, add or delete any one or more of these terms by posting such changes on the Sites.  Any modification will be effective immediately upon posting, and posting is deemed to be notice of any such modification. Your continued use of the Sites after such modification will signify your acceptance of the modifications and your agreement to be bound by them.  Notwithstanding the foregoing, any modifications to these Terms will not apply to any dispute between us arising prior to the date on which we post the revised Terms.  By accessing and browsing this Site, you agree that you have read and understood the following terms and conditions of use (the “Terms”) and agree to be bound by them.

  1. Privacy Policy

This section of this document sets forth the Registry’s Privacy Policy and describes the type of information that is collected through the Sites and how this information is collected and used.

No personal information is collected about visitors to the Sites (such as names, addresses, telephone numbers or e-mail addresses), unless visitors provide such information voluntarily. If visitors do not want their personal information compiled, such information should not be submitted through the Sites. Your submission of personal information constitutes consent to the collection and disclosure of such information and such information may be used in the following ways:

  • The identity of visitors who submit the donor enrollment form through this website will be verified through a third-party verification service based upon information included in the enrollment form, including the last four digits of your social security number and, in some cases, by responses to several multiple-choice questions. The last four digits of your social security number and your answers to the questions will not be retained by the Registry or by the third-party verification service.
  • All other information included on the donor enrollment form submitted through this website for the purpose of becoming an organ, tissue, and eye donor will be used to add you to the Registry and will be used and maintained for Registry purposes as permitted by New York State Public Health Law Article 43.
  • Information submitted by visitors may be stored and analyzed to evaluate the effectiveness of efforts made to increase awareness, the effectiveness of the Registry and the number of organ and tissue donors, as permitted by Public Health Law Article 43.
  • Information submitted may be used to contact individuals and/or their family members for Registry purposes or in the event of a breach of confidential information as allowed or required under New York law.
  • Personal information collected through this website will not be sold, rented, or marketed to third parties.
  • All information submitted through this website and the Registry will be kept confidential at all times, except to the extent authorized or as necessary for organ, tissue and eye donations, to be achieved in accordance with New York law.

The Sites may collect technical information when a visitor accesses the website.  Such information may include the visitor’s IP address, the type of internet browser and/or details regarding the computer operating system being utilized as well as the domain name of any website visitors utilize to link to this website. None of this information is deemed to constitute personal information discussed above. This information is not collected for commercial marketing purposes and the Registry will not sell or otherwise disclose the collected information to third parties, except for Registry purposes as authorized under Public Health Law Article 43.

  1. Use of “Cookies”

The Sites may use cookies to enhance your user experience. Cookies are small pieces of information that some websites use for the purpose of record-keeping and make web-surfing easier by performing certain functions such as saving your passwords, your personal preferences and to make sure you do not see the same ad repeatedly. Your browser is probably set to accept cookies, however, the Sites do not retain cookies for an indefinite period of time and will generally expire upon the completion of each session or use of the Sites.

If you would prefer not to receive cookies, you can alter the configuration of your browser to refuse cookies. If you choose to have your browser refuse cookies, it is possible that some areas of the Sites will not function properly when you view them.

  1. Security

The Registry adheres to stringent security standards designed to protect your personal information on the Sites against accidental or unauthorized access or disclosure.  Among the safeguards that we have developed for our Sites are administrative, physical and technical barriers that together protect the information stored at these Sites.

  1. Other Websites

The Sites may contain links to other websites operated at the direction of their respective owners and under their own terms of use. Some third-party websites require you to create and login to your account on the third-party service, and you do so at your own risk. The Registry does not control any of these third-party web services or any of the material on their sites.  Moreover, such links on the Sites do not imply approval by the Registry of the listed destinations, warrant the accuracy of any information in those destinations, constitute endorsement of the entities to whose websites the links are made, or endorse any of the opinions expressed on any of these other websites.

You are encouraged to read the privacy statements on all such sites as their policies may be different than the Registry’s Privacy Policy and if you have any questions or concerns about such third party sites, you should contact the site administrator or webmaster of the third-party site.  If you have a question or comment about any of these other websites, please contact the websites directly. By using the Sites, you expressly acknowledge and agree that the Registry is in no way responsible or liable for any third-party services or features.

  1. Reservation of Rights, Disclaimer of Warranties and Limitation of Liability

The content provided on these Sites is provided as a service to members of the public. You acknowledge that the use of the Sites and any and all information contained therein is at your sole risk and that you assume full responsibility for all risk associated with the use of these Sites. The sites are provided on an “as is” and “as available” basis, without any warranty of any kind, express or implied to the fullest extent permissible under applicable law and that the Registry hereby disclaims all other warranties, express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, fitness for any particular purpose, title, non-infringement and freedom from computer viruses and malware. The warranties contained in this provision are subject to all other limitations and disclaimers, including warranty, damages and liability.

By accessing or using the Sites, you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Sites.  You agree to defend, indemnify and hold harmless the Registry, its officers, directors, employees and agents, from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of these Sites, in reference to any claim however caused and on any theory of legal liability, whether in contract, strict liability, or tort, including negligence.

The Registry makes no warranty that: (i) the Sites will meet your requirements or intended uses, (ii) the Sites will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Sites will be accurate, complete, or reliable, or (iv) the quality of any information obtained by you through the Sites will meet your expectations or intended uses.

The Registry strives to provide content that is accurate and current, but by using the Sites you acknowledge that you understand and agree that your use the content on the Sites is at your own risk. Human or mechanical error, disruptions in service, or failure of communications networks, mechanical or electronic equipment could cause inaccurate information to be posted on the Sites. As such, the Registry does not assume legal liability or responsibility for the accuracy, timeliness, completeness, or quality of the content provided on the Sites and makes no warranty, express or implied, including the warranties of merchantability and fitness for a particular purpose, nor represents that use of the content would not infringe privately owned rights.

The Registry also does not vouch for the continued accuracy or currency of content after it has been downloaded from the Sites, nor the quality or accuracy of any analyses or re-uses of that content.  Any content or material downloaded or otherwise obtained through the use of the sites is done at your own discretion and risk and you will be solely responsible for any damage that results therefrom.  The content on the Sites is not a substitute for specific advice from a professional.  No advice or information, whether oral or written, obtained by you from the Registry or through or from the Sites shall create any warranty not expressly stated in the terms.

The Registry reserves the right, at any time and from time to time, to temporarily or permanently modify, suspend or discontinue the Sites or otherwise change, modify, add to, any aspect of the Sites, including the availability of any feature, database, or content — with or without notice to you.  The Registry may also impose limits on certain features and services or restrict your access to part or all of the Sites without notice to you, at any time. You agree that the Registry shall not be liable to you or to any third party for any such change, modification, addition, suspension, discontinuance, limitation, or restriction.  If your access is terminated, all licenses and other rights granted to you in these Terms of Use will immediately cease. The Registry reserves the right to refuse access to the Sites to anyone for any reason at any time.

Concerning the use (or inability to use) the Sites, the Registry is not responsible for direct, indirect, incidental, special, exemplary, or consequential damages to you or any third party including, but not limited to, damages claimed for business interruption, the procurement or substitution of goods or services, loss of data or profits, loss of goodwill, or other intangible losses, however caused and under any theories of liability, whether asserted for breach of contract, tortious behavior, strict liability, negligence or under any other cause of action, even if the possibility of such damages was foreseeable or the Registry was advised of the possibility of such damages. This limitation is in addition to and not in lieu of any constitutional, statutory, or sovereign immunity defense that may be available to the Registry or its agents or employees.

In consideration of your being permitted to use the Sites, you, on your own behalf and on behalf of your spouse, heirs, trustees, legal representatives, executors, and assigns, hereby agree to defend, indemnify and hold harmless the Registry, its officers, directors, employees and agents, from any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Sites, in reference to any claim however caused and on any theory of legal liability, whether in contract, strict liability, or tort, including negligence. injury, death, damage, cost, expense, and other loss suffered or incurred by you as a direct or indirect result of your use of the Sites and any information that is, directly or indirectly, available from or through the Sites at any time.

  1. Entire Agreement, Failure to Exercise, Severability, and Jurisdiction

The Terms constitute the entire agreement between you and the Registry with respect to your use of the Sites.  These Terms supersede any previous written or oral agreements concerning the Sites.

No failure by the Registry to exercise or enforce any power, right, privilege, provision, or remedy under these Terms shall operate as a waiver of such right, privilege, provision, or remedy.

If any part of the Terms is found by a court of competent jurisdiction to be invalid, the parties agree that the court should try to give effect to the parties’ intention as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.

The Terms shall be governed by and interpreted under the laws of the State of New York without regard to conflict of laws provisions.  Disputes arising out of these Terms of Use are subject to the exclusive venue of, and the exclusive jurisdiction of, state and federal courts located in Albany County, New York.

Questions:  If you have questions about this Terms and Conditions of Use and Privacy Policy, or other questions about the Registry, please contact Donate Life New York State by:

  • Email: registry@donatelife.ny.gov;
  • Toll-Free Phone Number: 1-866-NY-DONOR;
  • Mail: Donate Life New York State, 185 Jordan Road, Troy, NY 12180