THE POSITIVE PROJECT

If, at any time, you do not agree with or consent to this TPP Privacy Policy, your sole remedy is to elect not to create a TPP User account or to terminate an existing TPP User account. Please be aware, however, that terminating your TPP User Account does not obligate TPP to delete any User Information currently maintained in its systems, networks or servers. However, it is TPP’s policy to only maintain such expired User Information and Usage Information for no longer than thirteen months. Accordingly, TPP shall make commercially reasonable efforts to delete your user Information upon its next scheduled deletion date.

TPP takes reasonable precautions and has implemented reasonable technical measures intended to protect against the risks of unauthorized access to, erroneous disclosure of, and unlawful interception of personally identifiable information submitted to the TPP Website, including the use of Secure Sockets Layer (SSL) encryption technology supported by most versions of Microsoft Internet Explorer, Netscape Navigator and other popular browsers. Once your information is received by Company, we use commercially reasonable efforts to limit access to personal information about you to those employees and service providers whom we determine need access to that information to provide the requested products or services and/or other offers or opportunities that may be of interest to you. However, please be aware that your email transmissions and/or other communications to TPP containing personally identifiable information may be unlawfully intercepted or accessed by third parties and/or the TPP Website may be subject to hostile network attacks or administrative errors. Accordingly, TPP cannot and does not guarantee that your personally identifiable information is completely secure and safe from such risks.

The TPP Website may contain links to other web sites. TPP is not responsible for the collection, use or disclosure of information collected through third-party web sites and expressly disclaims any liability related to such collection, use or disclosure. TPP is not responsible for the practices employed by web sites linked to or from the TPP Website nor the information or content contained therein. Links to other web sites are provided solely as a convenience. Your browsing, use and interaction on any other web sites, including web sites which have a link to the TPP Website, are subject to that web site’s own rules and policies and TPP recommends that you review the information collection practices of such sites before using them or providing them with information.

To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your TPP User profile. You are responsible for maintaining the secrecy of your unique password and account information at all times.

Once your information is received by TPP, we use commercially reasonable efforts to limit access to your Personally Identifiable Information to those employees and service providers whom we determine need access to that information to provide the requested products or services and/or other offers or opportunities that may be of interest to you. However, please be aware that your email transmissions and/or other communications to TPP containing Personally Identifiable Information may be unlawfully intercepted or accessed by third parties and/or the may be subject to hostile network attacks or administrative errors. Also, even after your information is received by TPP, we can not guarantee that your Personally Identifiable Information may not be accessed, disclosed, altered, or destroyed as a result of a breach of our commercially reasonable efforts or as a result of any other event beyond TPP’s reasonable control. Accordingly, TPP cannot and does not guarantee that your Personally Identifiable Information is completely secure and safe from such risks.

For the avoidance of doubt, TPP expressly disclaims any representation or warranty, whether express or implied, with respect to ensuring, guaranteeing or otherwise offering any definitive promise of security in connection with your User Information or Usage Information.

If TPP learns of a security systems breach, we may use the following methods to inform you so that you can take appropriate steps; (i) posting a notice on the TPP Website, and/or (ii) making a commercially reasonable attempt to contact affected TPP Users by using the email addresses such TPP Users provided to TPP when creating their TPP User accounts. Additionally, depending on state law, you may have a legal right to receive notice of a security breach in writing. In order to provide such written notice, you will need to provide TPP with your postal address using contact information posted at www.thepositiveproject.org or by mailing such information to TPP, 1221 South Clarkson Street, #302, Denver, Colorado 80210.

TPP does not knowingly solicit, collect or maintain any information, either User Information or Usage Information, from persons under 13 years of age and no part of our website is directed to persons under 13. In addition, TPP does not knowingly allow persons under 13 to register with the TPP Website. If you are under 13 years of age, then please do not use or access the TPP Website at any time or in any manner. If TPP learns that it has collected either User Information and/or Usage Information from persons under 13 years of age without verified parental consent, then TPP will take the appropriate steps to delete this information. If you believe that you may have information regarding a person under 13 that you believe to be a registered TPP User, please contact TPP at www.thepositiveproject.org or by mailing such information to TPP, 1221 South Clarkson Street, #302, Denver, Colorado 80210. As part of TPP’s commitment to protecting the privacy of minors, if you are aged between 13 and 18, TPP requests and strongly encourages, that you first obtain the permission of your parent or legal guardian before providing TPP with any information or registering as a TPP User.

The TPP Website is hosted in the United States and is intended for and directed to TPP Users physically located within the United States. If you are attempting to access the TPP Website from a physical location within the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the TPP Website, which are governed by U.S. law, this Privacy Notice, and our Terms of Use, you are transferring your personal information to the United States and you consent to (i) to such transfer, (ii) the application of the laws of the United States and/or the State of Colorado with respect to any dispute arising from or related to this TPP Privacy Policy and/or your use of the TPP Website, other than such rules, regulations, case law, and/or international treaties that would result in the application of the laws of a jurisdiction other than the United States or the State of Colorado, and (iii) the exclusive jurisdiction of the courts of the United States or the State of Colorado. Any claim or dispute between you and TPP that arises in whole or in part from the TPP Website or in connection with this TPP Privacy Policy shall be decided exclusively by a court of competent jurisdiction located in Denver, Colorado. Each party hereby agrees that such court shall have in personam jurisdiction and venue with respect to such party, and each party hereby submits to the in personam jurisdiction and venue of such courts and waives any objection based on inconvenient forum.

In the event that TPP is acquired by or merged with a third party entity, TPP may transfer or assign the information we have collected from TPP Users as part of such merger, acquisition, sale, or other change of control.

In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.