TERMS OF USE

Effective Date: June 13, 2023

PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE ACCESSING OR USING RESOURCEFULL (THE “SERVICES”), an application that helps survivors of trafficking find and connect with organizations that provide services to survivors. This application is provided by AnnieCannons (“we,” “our,” or “us”). By accessing or using the Services, you agree to be bound by these Terms, which are a legal agreement between us and you.

THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES, DISCLAIMERS OF LIABILITY, AND A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT AFFECT YOUR RIGHTS FOR RESOLVING ANY DISPUTE WITH US, AS WELL AS AN INDEMNIFICATION PROVISION THAT MAKES YOU RESPONSIBLE FOR CERTAIN LOSSES. PLEASE READ THEM CAREFULLY.

THE TERMS

We reserve the right to make changes to these Terms at any time, in accordance with applicable law. If we make changes to these Terms, such amended Terms will be posted on the Services or through some other reasonable method, and such amended Terms will take effect immediately when they are posted. If you do not accept a change, then you are free to stop using the Services. Your use of the Services following a change to these Terms shall constitute your acceptance of that change. Certain provisions of these Terms may be supplemented or superseded by expressly designated legal notices or terms located on particular pages within the Terms, and we will use reasonable efforts to make you aware of such legal notices and/or terms. Any headings used in these Terms, or any additional FAQs we provide, are for reference purposes only and are not intended to change the meaning of the Terms.

REGISTRATION

You must register and create an account in order to use the Services. When creating your account, you must provide true, accurate, and current information about yourself and maintain and promptly update this information. If you provide any information that is untrue, inaccurate, or outdated, or if we have reasonable grounds to suspect that the information is untrue, inaccurate, or outdated, we have the right to suspend or terminate your account and access to the Services.

During the registration process, you will be asked to provide an email address and a password. You are responsible for maintaining the confidentiality of your password, and are solely responsible for all activities that occur with your account. In order to protect yourself and your information, you should create a strong password that others will not know. You must immediately notify us of any unauthorized use of your account or any other breach of security. You are responsible for obtaining access to the Services, which access may involve third party fees (such as Internet service provider charges). In addition, you must provide and are responsible for all equipment necessary to access the Services.

YOUR USE OF THE SERVICES

You may not access or use, or attempt to access or use, the Services to take any action that could harm us or any third party, interfere with the operation of the Services, or use the Services in a manner that violates any laws. For example, and without limitation, you may not:

  • surveil, monitor, track, harass, any other user of the Services or attempt to do any of the foregoing;
  • impersonate any person or entity or otherwise misrepresent your affiliation or the origin of any materials you transmit;
  • engage in unauthorized spidering, “scraping,” or harvesting of content or personal information, or use any other unauthorized automated means to compile information;
  • take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
  • use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
  • attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services;
  • publish, reproduce, distribute, display, perform, edit, adapt, modify, or otherwise exploit any part of the Services without our written consent; or
  • engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in our sole judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type.

Violations of system or network security may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms. We may suspend or terminate your access to the Services for any or no reason at any time without notice.

LICENSE AND INTELLECTUAL PROPERTY

As between you and us, except with respect to the User Content (defined below), we own the Services, including, without limitation, all text, graphics, artwork, layout, interface, logos, links, photographs, audio files, video, still images, and other content or material provided in or through use of the Services (all of which form part of and are collectively referred to as the “Services” in these Terms), and all worldwide intellectual property rights in the foregoing.

We grant you a limited, personal, revocable, non-transferable, non-sublicensable, and non-exclusive right and license to access and use the Services for your intended use only and subject to any other restrictions, as provided through the Services. The Services may only be used for bona fide non-commercial purposes except with the prior authorization of AnnieCannons. Except as expressly permitted in these Terms, you must not, nor enable any other person to, rent, lease, lend, sell, redistribute, sublicense, copy, reverse engineer, decompile, translate, modify, rent, use as a service bureau, lease, sublicense, distribute copies of, adapt, create derivative works based on, or otherwise use the Services.

We, in our sole discretion, may make available updates, and/or future versions of or to the Services, and such updates and/or future versions may not include all previous or existing features, functionality or components of the Services. These Terms will govern the use of such updates and future versions.

Any trademark, service mark, logo or trade name contained in the Services, whether or not appearing in large print or with the trademark symbol, belongs exclusively to us or our licensors, and you may not use or display such trademarks without our permission. Nothing in these Terms grants you any right to use any trademark, service mark, logo or trade name of ours or any third party.

You may have opportunities to upload or submit to the Services profile, organizational, or other information or content (“User Content”). You agree not to provide User Content that: infringes or misappropriates any third party intellectual property right; degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification; is unlawful, defamatory, libelous, inaccurate, deceiving, or that could reasonably be considered objectionable, profane, obscene, sexually explicit, indecent, pornographic, harassing, abusive threatening, embarrassing, hateful, intended to intimidate or incite violence, or otherwise inappropriate; promotes illegal activity, or advocates, promotes, or assists in any unlawful act; impersonates any person, or misrepresents your identity or affiliation with any person or organization; gives the impression that it comes from or is endorsed by AnnieCannons or any other entity or third party, if that is not the case. As between you and us, you own and are responsible for the User Content, including without limitation for ensuring that you have all rights, consents, and authorizations to upload or submit to the Services the User Content and to grant the rights to AnnieCannons set forth in this paragraph. By providing this User Content, you agree to and hereby grant to AnnieCannons and its affiliates, agents, and contractors an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, and distribute such information for purposes of connecting users with Survivor Services and otherwise operating and improving the Services, including, in the case of individual users, to provide such information to Survivor Services (defined below) that you designate for the purposes of evaluating your eligibility for and providing you the requested services.

AnnieCannons encourages you to report material or content that you believe warrants removal from the Services. In particular, if you believe that any material on the Services infringes your work or the work of any third party in a manner that constitutes infringement, then you may notify AnnieCannons in accordance with this section. To notify AnnieCannons of copyright infringement on the Services, please send AnnieCannons a written notice by email to the address or email below that includes all of the following information:

  • identification of the work you believe is being infringed;
  • identification of the work you believe is infringing, with information that is reasonably sufficient for AnnieCannons to locate it;
  • your name, address, phone number and email address;
  • a statement that you have a good faith belief that use of the work in the manner complained of is not authorized by the copyright owner, its agent or the law;
  • a statement that the information in your notification is accurate, and under penalty of perjury, you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that has allegedly been infringed; and
  • a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that has allegedly been infringed.

AnnieCannons Contact:  

Please note that if you knowingly give false, misleading, or inaccurate information regarding the existence of infringing content, we may suspend your account, and you may face other legal consequences.

AnnieCannons will treat notices that meet these requirements in accordance with the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”). If AnnieCannons has taken down any material or content that you believe should not have been removed, you can send AnnieCannons a written counter-notice by email to info@anniecannons.com. Please be sure your counter-notice meets the DMCA requirements and AnnieCannons will follow the process set out in the DMCA. You may find out more about the DMCA at http://copyright.gov.

AnnieCannons will promptly terminate without notice the accounts of users who have been notified of infringing activity or have had User Content removed from the Services at least three times (“Repeat Infringers”). Repeat Infringers will not be tolerated on the Services.

INDEPENDENT SERVICE PROVIDERS

The Services contain information about independent organizations that work with survivors of human trafficking (“Survivor Services”). AnnieCannons disclaims any liability for your interactions with and reliance on the Survivor Services. AnnieCannons is not a referral service, and we do not refer, recommend, endorse, sponsor, or otherwise accept responsibility for any particular organization or any information or content provided by the Survivor Services. If you interact with a Survivor Service and/or rely on any information or content accessible through the Services, you do so solely at your own risk. AnnieCannons takes no responsibility for the conduct of Survivor Services or other third parties.

Disclaimer of Warranties; Limitation of Liability

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHER VIOLATION OF RIGHTS. WE DO NOT WARRANT THE ADEQUACY, CURRENCY, ACCURACY, LIKELY RESULTS, OR COMPLETENESS OF THE SERVICES OR THAT THE FUNCTIONS PROVIDED WILL BE UNINTERRUPTED, VIRUS, OR ERROR-FREE. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT INCLUDED IN THE SERVICES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

IN NO EVENT WILL WE, OR OUR ASSIGNS, BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR OTHER DAMAGES WHATSOEVER ARISING IN CONNECTION WITH (1) THE USE OF THE SERVICES, (2) ANY INTERRUPTION IN AVAILABILITY OF THE SERVICES OR DELAY IN OPERATION OR TRANSMISSION, (3) ANY COMPUTER VIRUS, LOSS OF DATA, OR USE, MISUSE, RELIANCE, REVIEW, MANIPULATION, OR OTHER UTILIZATION IN ANY MANNER WHATSOEVER OF THE SERVICES OR THE DATA COLLECTED THROUGH THE SERVICES; IN EACH CASE, EVEN IF ONE OR MORE OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. 

Indemnification

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD US AND OUR ASSIGNS HARMLESS FROM AND AGAINST ANY AND ALL LOSS, COSTS, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES), CLAIMS, DAMAGES, AND LIABILITIES RELATED TO OR ASSOCIATED WITH YOUR USE OF THE SERVICES AND ANY ALLEGED VIOLATION BY YOU OF THESE TERMS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE OF ANY CLAIM FOR WHICH WE ARE ENTITLED TO INDEMNIFICATION UNDER THIS SECTION. IN SUCH EVENT, YOU SHALL PROVIDE US WITH SUCH COOPERATION AS WE REASONABLY REQUEST.

GOVERNING LAW; MANDATORY OBLIGATION

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS. BY AGREEING TO MANDATORY, BINDING ARBITRATION, YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.

These Terms shall be governed by, and construed in accordance with, the laws of the United States and the State of California, without regards to the conflicts of law principles thereof. If any clause or provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such clause or provision shall not affect the validity of the remaining clauses or provisions of these Terms, including but not limited to the class action waiver. You expressly agree that if you dispute the validity or enforceability of the individual arbitration provision and/or class action waiver in these Terms, you shall bring such dispute in the courts of the State of California, and you expressly consent and agree to submit to the exclusive personal jurisdiction and venue of such courts.

All claims arising in connection with your use of the Services should be reported and brought to our attention as soon as possible in a written statement delivered to info@anniecannons.com. To the maximum extent permitted by law, you permanently and irrevocably waive your rights to bring any claim in connection with your use of the Services unless you bring it within one (1) year of the date of the event giving rise to such claim.

EXCEPT FOR DISPUTES THAT QUALIFY TO BE HEARD IN SMALL CLAIMS COURT, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND ANNIECANNONS WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. THIS INCLUDES DISPUTES ARISING OUT OF OR RELATING TO THE INTERPRETATION OR APPLICATION OF THIS MANDATORY OBLIGATION SECTION, INCLUDING ITS SCOPE, ENFORCEABILITY, REVOCABILITY, OR VALIDITY.

YOU AGREE THAT ANNIECANNONS AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU FURTHER AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS ONLY AND THAT CLASS ARBITRATIONS, CLASS ACTIONS AND OTHER REPRESENTATIVE ACTIONS ARE NOT PERMITTED. YOU HEREBY AGREE TO GIVE UP THE ABILITY TO BRING OR PARTICIPATE IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN COURT OR ARBITRATION.

The arbitration will be administered by the American Arbitration Association (the “AAA”) under the Consumer Arbitration Rules (the “Rules”) (available from the AAA at www.adr.org), as amended by these Terms. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location that is reasonably convenient to the parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination will be made by the AAA or by the arbitrator. If you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will, to the extent required to make this Mandatory Obligation section enforceable, pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitrator will be bound by these Terms, when not in conflict with applicable law, and the arbitrator’s decision will be binding and final, subject only to limited right of judicial review provided under the Federal Arbitration Act. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. If the arbitrator decides that either the substance of your claim or the remedy you asked for is frivolous or brought for an improper purpose, we may use the applicable Rules to determine whether you are responsible for the filing, administrative and arbitrator fees. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state or local government agencies or from seeking public injunctive relief in court where that right cannot be waived under applicable state law. You and we agree that litigation of any such claim or request for public injunctive relief shall be stayed pending the resolution of any individual claim(s) or request(s) for relief in arbitration.

You can decline this agreement to arbitrate by contacting us at info@anniecannons.com within 30 days of first registering your account and stating your desire to opt-out. However, if you agreed to a previous version of these Terms that allowed you to opt out of arbitration, your previous choice to opt out or not opt out remains binding.

If any part of this Mandatory Obligation section is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class or representative arbitration, this Mandatory Obligation section will be unenforceable in its entirety.

Miscellaneous

These Terms constitute the entire agreement between you and us, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your access to and use of the Services.

Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive our right to subsequently enforce any terms or conditions of the Terms or respond to any violations. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use.

Privacy Policy

Effect Date: May 15, 2022

Welcome to ResourceFull!

AnnieCannons (“us”, “we”, or “our”) operates ResourceFull, a free application that helps survivors of human trafficking find and connect with organizations that provide services to survivors. We refer to the ResourceFull app in this Policy as the “Services.”

We are committed to protecting the privacy and security of the information we collect and to being transparent about the ways in which we collect and process your information. This statement (the “Privacy Policy”) sets forth our policies and practices for handling the information we collect from or about you when you use the Services. Any headings used in this Policy, or any additional FAQs we provide, are for reference purposes only and are not intended to change the meaning of the Policy.

WHAT INFORMATION DO WE COLLECT?

When you use the Services, information may be collected about you and your use of the Services in a variety of ways.

First, we collect information that you provide us directly or that we collect through your engagement with the Services, such as:

  • Login information such as password, and email address.
  • Profile information that you optionally provide, such as name, date of birth, location, and phone number.
  • Intake information, such as gender, survivor status, housing status, and other information that you use the Services to provide to Survivor Services (defined below). This may include sensitive information, including Social Security number, depending on the Survivor Service.
  • Status, such as if you have a pending application with or are receiving services from a Survivor Service.
  • Feedback and comments you provide to us regarding the Services and other information that you provide us.

Most of this information is optional. In order to access the Services, the only information you need to provide to us is your password and email address.

If you are employed by or associated with an organization that uses the Services to connect with survivors (“Survivor Services”), then we may collect, in addition to the information above, the following additional information:

  • Business contact information, such as phone number and address.
  • Information about the organization, such as hours, organization description, and services descriptions.

We also collect some information automatically, including through cookies and similar tracking technologies, when users use the Services. For example, we track information on browser type and operating system, IP address and/or other device IDs, and time of access/viewing/downloading.

We may aggregate or de-identify the information described above. Aggregated or de-identified data is not subject to this Privacy Policy.

HOW DO WE USE AND DISCLOSE THE INFORMATION WE COLLECT?

AnnieCannons uses the collected information to provide the services you request, including:

  • To provide, maintain, and improve the Services, including to connect survivors with Survivor Services that may be available to them and to allow you to participate in interactive features of the Services when you choose to do so.
  • To monitor use of the Services and detect, prevent, and address technical issues and engage in data analytics and troubleshooting.
  • To assist users with use of the Services, including to respond to your questions.
  • If you are employed by or associated with one or more Survivor Services, we may reach out with communications to help you engage with our community.
  • To protect the Services and its users, including by helping to detect, prevent and respond to fraud, abuse, and security risks, and in connection with compliance and safety activities.
  • For any other purpose with your consent.

AnnieCannons may disclose your information to third parties in certain circumstances, including in the following circumstances:

  • We may share information about you with Survivor Services, with your consent or at your direction. You may apply to Survivor Services through the Services or by contacting the Survivor Services directly. Survivor Services that you apply to through the Services may later transfer your information to physical or digital internal documents.
  • We rely on third-party vendors to perform a variety of contractual services on our behalf. To do so, we may need to share your information with them. For example, we may rely on vendors to store data on AnnieCannons’ behalf or enable us to perform any of the actions described above.
  • We may share personal information to comply with legal obligations or respond to legal process, such as search warrants and subpoenas, or a request by a government entity if we believe there is an emergency involving danger of serious harm to you.
  • We may disclose your information in the unlikely event we sell or transfer all or a portion of our assets to a third party, such as in connection with a merger or in the event of a bankruptcy.

COOKIES AND SIMILAR TECHNOLOGIES

We use cookies and similar tracking technologies to analyze the activity on our Services and we hold certain information collected by these technologies.

Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags, and scripts to collect and track information and to improve and analyze our Services.

Examples of Cookies we use:

  • Session Cookies: We use Session Cookies to operate our Services.
  • Analytics Cookies: We use Analytics Cookies to analyze the performance of our Services.

HOW DO WE KEEP YOUR INFORMATION SECURE?

While we take reasonable measures to maintain secure Services, electronic communications and databases are subject to errors, tampering, and breaches, and we cannot, and do not, guarantee or warrant that such events will not take place.

HOW LONG DO WE RETAIN PERSONAL INFORMATION?

AnnieCannons maintains information you submit to AnnieCannons for as long as you remain a registered user of the Services. Thereafter, it is scheduled for deletion from our production environment except where we need to retain it for our legal or compliance purposes.

HOW DO WE HANDLE CHILDREN’S PERSONAL INFORMATION?

Our Services are directed to a general audience comprised of adult users and teenagers who are 13 years old or older. Therefore, we do not intentionally collect personal information from children under the age of 13. If AnnieCannons receives notice that it has collected personal information of a child under the age of 13, AnnieCannons will delete such information unless AnnieCannons receives parental consent to retain such information.

HOW CAN YOU EXERCISE YOUR PRIVACY AND DATA PROTECTION RIGHTS?

Depending on where you live, you may have certain rights around your personal data. Where available under local laws, the rights you may be able to exercise include:

  • Right to Access. You may request that AnnieCannons provide access to your personal information. Unless a legally binding exception applies, AnnieCannons will provide you with access to your personal information within a reasonable period of time.
  • Right to Correction. You may request that AnnieCannons correct, update or supplement your personal information. Unless a legally binding exception applies, AnnieCannons will update your personal information within a reasonable period of time.
  • Right to Deletion. You may request that we delete personal information we may hold about you.

These rights are not absolute. For example, even if AnnieCannons honors a request for erasure, to the extent permitted by law, such a request will not apply to AnnieCannons’ backup and/or disaster recovery systems, which will continue to be subject to deletion pursuant to AnnieCannons’ ordinary course backup and disaster recovery procedures.

To make a request to exercise your data subject rights, you or your authorized representative should please contact AnnieCannons via any of the below means. We will seek to verify your identity in accordance with applicable laws, including by requesting appropriate identification.

By email: info@anniecannons.com

By visiting this page on our website: anniecannons.org/contact

WHAT HAPPENS IF THIS PRIVACY POLICY CHANGES?

We may modify this Privacy Policy from time to time. We will inform users of changes to this Policy by posting on the Services or through some other reasonable method. We recommend that you review the Privacy Policy each time you visit the Services to stay informed of our privacy practices.

HOW MAY WE BE CONTACTED?

If you have any questions about this Privacy Policy, please contact us:

AnnieCannons, 1423 Broadway #1144, Oakland CA 94612 Email: info@anniecannons.com Phone: 707-297-9190 Webform: anniecannons.org/contact