Terms of Use

Thank you for visiting the ACEs Aware website and reading our Terms of Use (or “TOU”) Policy, with an effective date of September 30, 2022. ACEs Aware also has a Privacy Policy on this website, which can be found HERE.

ACEs Aware wants all users to know about the collection, use, security and access to information that may be obtained through use of the ACEs Aware website. By visiting this website, users are accepting the policies and practices described in the TOU and Privacy Policies.

Please note that this TOU Policy is subject to change without notice.

 

Table of Contents

Personal information and choice

            Information collected and how it is used

            Information provided by users   

            Use of information

            Surveys

            If users send ACEs Aware an email

            Order forms

            Public disclosure

            Personal information

            Automatic collection of information and “cookies”

Security

Links to other sites

Limitation of liability

Restrictions on Access and Use

Ownership

 

Personal Information and Choice

Personal information is information about a natural person. It identifies or describes the person, including but not limited to, name, Social Security number, physical description, home address, home telephone number, education, financial matters, and medical or employment history that is readily identifiable to that one person. A domain name or Internet Protocol (IP) address is not considered personal information. It is considered “electronically collected personal information.”

According to Government Code § 11015.5., electronically collected personal information (or “ECPI”) is any information kept by an agency that identifies or describes a user, including but not limited to name, Social Security number, physical description, home address, home telephone number, education, financial matters, medical or employment history, password, electronic mail address, and information that reveals any network location or identity. It excludes any information manually submitted to a state agency by a user electronically or in writing. It also excludes information on or relating to users serving in a business capacity, including but not limited to business owners, officers, or principals of that business.  ECPI collected by ACES Aware includes users’ domain name or IP address and statistics about webpages users visit. Additional demographic data (e.g., race, ethnicity, occupation, location, and zip code) is collected and used in various ACEs Aware reports. We will collect more detailed data if users voluntarily take part in an activity that asks for specific information – specifically evaluations and trainings. If users choose not to take part in these activities, their choice will not affect their ability to use other website features.

If a user volunteers any type of personal information on the website, the information submitted may be protected from disclosure under federal or state law. The user may also have a right to request a copy of the submitted records. Additional details about consumer privacy rights regarding information collected and stored by the state and federal governments are contained in the Information Practices Act of 1977, California Government Code Section 11015.5, and the federal Privacy Act of 1974.. Once users volunteer said information, it may become public record. It also may be subject to public inspection and copying, if not otherwise protected by federal or State law. Under authority of the Governor, departments and agencies of ACEs Aware must follow the Privacy Policy. The Privacy Policy can be found HERE.

Information collected and how it is used

We do collect personal information from persons who volunteer to use some of our services. Collecting this information is required to deliver the specific services. Use of these services is voluntary.

The Internet Protocol (IP) address and domain name used, but not the email address. The IP address is a number assigned to a user’s Internet service provider or their computer. We use the IP address to direct Internet traffic.

We use the information we collect or store to improve the content of our web services. It also helps us understand how people are using our services. This information does not identify users personally. It gathers website statistics. The information we collect and store in our logs about a user’s visit helps us analyze our website and improve the available materials. Our website logs do not identify a visitor by personal information. We do not try to link other websites with persons who browse the ACEs Aware’s website.

Government Code § 11015.5.(a)(6) prohibits all State agencies from distributing or selling any electronically collected personal information, as defined above, about users to any third party without the user’s permission. ACEs Aware does not sell this information. We only distribute it for the purposes it was provided.

ACEs Aware may give or distribute certain lists and statistical reports of regulatory information required by law. All relevant legal protections apply to ACEs Aware’s websites.

Information provided by users

Information provided by users goes through secure lines to our department database. We will only use private information for the purposes it was given. We will not share it with another entity, except as required by law. To learn more, see our Privacy Policy.

Use of information

We will only share information users provide as needed. We may include user information with other users’ information. This is to report statistics or trending data, or for investigations. We may need to keep information that becomes part of an enforcement action or consumer complaint case. We will keep it for a period of time after the case closing date.

If users provide information about an issue that is not in our regulatory jurisdiction, we may refer that information to the correct local, State, or federal agencies.

Surveys

If users take a survey or send an email during their visit to the ACEs Aware website, we collect the following information:

    Email address

    Email contents

    Information volunteered in response to the survey

The information collected is not limited to text. It may include audio, video and graphic information formats users send. We keep the information in accordance with Government Code § 11015.5.

Public disclosure

The State of California has laws to make sure government is open. The public has the right to access records and information the State government or ACEs Aware has. There are exceptions to the public’s right to access public records. State and federal laws have exceptions to maintain the privacy of individuals.

All information collected at this site becomes public record. It may be subject to inspection and copying by the public, unless there is an exemption. If there is a conflict between this TOU Policy and the Public Records Act, the Information Practices Act, or other law governing the disclosure of records, then the Public Records Act, Information Practices Act, or other applicable law will control.

Additionally, users may provide personal information when sending an email to ACEs Aware.. We use the information to improve our service or to respond to a user’s request. Sometimes we forward these emails to other ACEs Aware employees or its agents, who may better assist. These employees and/or agents may work for another State agency. Except for authorized law enforcement investigations or as required by law, we do not share user emails with any other organization.

Personal information

Under Government Code § 11015.5., users may have any personal information collected about them discarded without re-use or distribution, as long as they contact us within 60 days of accessing this website.

 

Automatic collection of information and “cookies”

Cookies are simple text files. Web browsers stores cookies on individual’s computer.

Cookies created on a computer when using this website do not have personal information. We use cookies only to store a randomly generated identifying temporary tag on a user’s computer. Users can refuse the cookie and/or delete the cookie file from their computer using any of the widely available methods.

For the “Becoming ACEs Aware in California” online training, we use persistent cookies to maintain a personalized, seamless user experience across sessions and to ensure user sessions are secure and authenticated. When users logout of the online training, we delete all cookies associated with the training. If users do not enable cookies, the website may not function as designed.

Security

ACEs Aware, as developer and manager of this website, has taken steps to safeguard the integrity of its telecommunications and computing infrastructure. These steps include but are not limited to authenticating, monitoring, auditing, and encrypting.

Security measures are part of the design, implementation, and day-to-day practices of the entire State operating environment. This is part of our commitment to manage risks. This information is not in any way giving business, legal or other advice. It does not guarantee that the security of information given on this ACEs Aware’s supported website is fail proof.

Links to other sites

Our website has links to sites we think might be useful to users and that may provide additional services. When users link one of these other sites, they will leave our site all together. At that point users are then subject to the privacy policy of the new site.

ACEs Aware accepts no responsibility for the content or accessibility of the external websites or external documents linked to on this website.

This website and the information in it are given as a public service by ACEs Aware. The website is monitored to make sure it operates properly, to verify that applicable security features work, and for other reasons. Anyone using this site, after having agreed to this TOU Policy, expressly consents to such monitoring. Unauthorized attempts to change any information stored on this site, to defeat or circumvent security features, or to use this site for other than its intended purposes are prohibited and may result in criminal prosecution.

Limitation of liability

ACEs Aware makes every attempt to maintain the highest accuracy of content on its website. Any errors or omissions should be reported for investigation.

ACEs Aware makes no claims, promises, or guarantees about the absolute accuracy, completeness, or adequacy of this website’s contents. ACEs Aware expressly disclaims liability for errors and omissions in the contents of this website. No warranty of any kind, implied, expressed, or statutory, including but not limited to the warranties of non-infringement of third-party rights, title, merchantability, fitness for a particular purpose, and freedom from computer virus, is given with respect to the contents of this website or its hyperlinks to other Internet resources.

References in this website to any specific commercial products, processes, or services, or the use of any trade, firm, or corporation name, are for the information and convenience of the public. They are not endorsing, recommending, or favored by ACEs Aware or its employees or agents.

Restrictions on Access and Use

In accessing or using this website and its content, users agree to comply with this TOU policy as well as applicable laws, rules (including but not limited to the California Rules of Court), regulations, and court orders. This website and its content are protected by applicable copyrights, and other proprietary and intellectual property rights. Users do not acquire any ownership rights in the content or this website. Users may download publicly-available content on this website only for their personal, non-commercial use, provided that: (i) users keep intact all copyright and other proprietary notices; and (ii) if users copying or use of copyrighted materials on this website is other than “fair use” under federal copyright laws, they must seek permission directly from the copyright holder.

Users’ access to and use of this website and its content may be terminated at any time without notice. Users may not do any of the following:

  1. violate any copyrights, and other proprietary or intellectual property rights of this website or its content;
  2. engage in any data mining, or use “bots” or similar data gathering and extraction tools or methods in connection this website or its content;
  3. decompile, reverse engineer, disassemble, lease, sell, distribute, or reproduce this website;
  4. transmit, post, or otherwise make available: (a) content that is unlawful, false, inaccurate, harmful, obscene, or otherwise objectionable, including but not limited to any content that infringes on any intellectual property right or proprietary right; (b) viruses, Trojan horses or other harmful programs or material; or (c) advertising or promotional materials, “spam,” or any other form of solicitation;
  5. misrepresent your affiliation with or impersonate any person or entity;
  6. interfere with or disrupt this website, or attempt to circumvent this website’s security features;
  7. remove or modify any copyright notices, other proprietary notices, or references to this website or its content; or
  8. misrepresent this website or its content, or misinform others about the origin or ownership of this website or its content.

If a user establishes an account on this website, they are responsible for maintaining the confidentiality of their user ID and password and are responsible for all activities that occur under their password or user ID. Users agree to: (i) log out from their account at the end of each session; and (ii) immediately notify ucaan@ucla.edu and incidents@dhcs.ca.gov of any unauthorized use of a user’s password or user ID or any other breach of security.

Users are responsible for all content that they transmit or otherwise make available to this website. Users’ access to and use of this website may be monitored, including but not limited to, for the purpose of identifying illegal or unauthorized activities.

Ownership

In general, information presented on this website is considered copyrighted material owned by the State of California, unless otherwise indicated. It may be distributed or copied as permitted by law. ACEs Aware does use copyrighted data, such as photographs, that may require other permission before use. To use any information on this website not owned or created by ACEs Aware, permission must be granted directly from the owning or holding sources.

ACEs Aware has the unlimited right to use for any purpose all information submitted through this site, free of charge. The one exception is those submissions made under separate legal contract. ACEs Aware is free to use, for any purpose, any ideas, concepts or techniques in information given through this site.

END USER SUBLICENSE AGREEMENT

PLEASE READ CAREFULLY: This End User Sublicense Agreement (the “Agreement” or “Sublicense”) is a legally binding agreement between you (an individual or an entity, hereinafter “You” or “Sublicensee”) and the Department of Health Care Services (“DHCS”) for the use of the Pediatric ACEs and Related Life-events Screener (“PEARLS”) for children and adults up to the age of 21.

BY WAY OF DOWNLOADING, COPYING, ACCESSING, OR OTHERWISE USING THE PEARLS TOOL, YOU ARE AGREEING TO BE LEGALLY BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, THEN YOU HAVE NO RIGHTS TO THE PEARLS TOOL AND MAY NOT DOWNLOAD, COPY, ACCESS, OR OTHERWISE THE PEARLS TOOL.

THE PEARLS TOOL IS PROTECTED BY COPYRIGHT LAWS AND IS OTHERWISE PROTECTED INTELLECTUAL PROPERTY. THE PEARLS TOOL IS LICENSED AND IS NOT SOLD.

    1. The PEARLS Tool. The PEARLS tool is a unique tool that assess for both Adverse Childhood Experiences (“ACEs”) such as abuse, neglect, and household challenges, and related events, such as discrimination, food insecurity, and community violence, thought to be risk factors for toxic stress. The PEARLS tool was made in the course of research under the auspices of the Children’s Hospital Research Center at Oakland (“BCHO”) and the University of California, San Francisco. BCHO has licensed the PEARLS tool to DHCS and provided DHCS with the right to sublicense the PEARLS tool.
    2. Sublicensee Attestation. By agreeing to this Agreement, You attest that You are a provider of health care services to Medi-Cal beneficiaries, a Medi-Cal Managed Care Plan, a Medi-Cal beneficiary, a parent or guardian of a Medi-Cal beneficiary, or an Electronic Health Records (“EHR”) vendor.
    3. The Sublicense. Subject to the terms of this agreement, DHCS hereby grants to Sublicensee a non-exclusive, royalty-free, non-assignable, non-transferable sublicense (the “Sublicense”) to the PEARLS tool. Under the Sublicense, Sublicensee may use the PEARLS tool as directed, and may save, download, print, copy, reproduce, or distribute the PEARLS tool to facilitate such use.
    4. Use in a Remote Patient Portal. The PEARLS tool was developed as a screener of risk for toxic stress and has been tested for safe, reliable screening when used during in-person (i.e., synchronous) visits. The questions and responses of the PEARLS tool may be administered using the EHR as structured data fields to facilitate record and follow-up. Because the PEARLS tool was never studied under asynchronous screening formats, DHCS cannot provide recommendations regarding its use in a remote patient portal. This includes information around safety and adequate windows of response. Sublicensee acknowledges that DHCS is not responsible for providing any recommendations regarding the use of the PEARLS tool in a remote patient portal, and that DHCS is not responsible for overseeing implementation and use of the PEARLS tool in a remote patient setting. This includes information around safety and adequate windows of response.
    5. Disclaimer of Warranty. This Sublicense and the associated PEARLS tool are provided WITHOUT WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED. DHCS MAKES NO REPRESENTATION OR WARRANTY THAT THE PEARLS TOOL WILL NOT INFRINGE ANY COPYRIGHT, PATENT, OR OTHER PROPRIETARY RIGHT.
    6. Limitations of Liability.
      1. IN NO EVENT WILL DHCS BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM EXERCISE OF THIS SUBLICENSE OR THE USE OF THE PEARLS TOOL.
      2. DHCS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER SPECIAL DAMAGES SUFFERED BY SUBLICENSEE, JOINT VENTURES, AFFILIATES, OR DEVELOPMENT PARTNERS ARISING OUT OF OR RELATED TO THIS AGREEMENT. DHCS WILL NOT LIABLE FOR ANY CAUSES OF ACTION OF ANY KIND (INCLUDING TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY) EVEN IF DHCS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    7. Indemnity and Duty to Defend. Sublicensee shall indemnify, defend, and hold harmless DHCS from and against all claims, actions, damages, losses, liabilities (or actions or proceedings with respect to any thereof), whether or not rightful, arising from any and all actions or claims by any third party or expenses related thereto (including, but not limited to, all legal expenses, court costs, and attorney’s fees incurred in investigating, preparing, serving as a witness in, or defending against, any such claim, action, or proceeding, commenced or threatened) to which DHCS and/or any employee, contractor, or agent acting on DHCS’s behalf may be subject, whether or not Sublicensee is a party to any pending or threatened litigation, which arise out of or are related to (i) claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Sublicensee’s use, reproduction, manufacture, sale, offer to sell, distribution, import, export, modification, public and private  performance/display, license, and disposition of the PEARLS tool; (ii) the incorrectness or breach of any of the representations, warranties, covenant or agreements of Sublicensee pertaining the PEARLS tool; or (iii) any intellectual property infringement, or any other type of actual or alleged infringement claim, arising out of Sublicensee’s use, reproduction, manufacture, sale, offer to sell, distribution, import, export, modification, public and private performance/display, license, and disposition of the PEARLS tool. This indemnity obligation shall apply irrespective of whether the infringement claim is based on a patent, trademark or copyright registration that issued after the effective date of this Agreement. DHCS reserves the right to participate in and/or control, at Sublicensee’s expense, any such infringement action brought against DHCS.
    8. Governing Law. This Agreement is to be interpreted and construed in accordance with the laws of the State of California.
    9. Miscellaneous
      1. The relationship between DHCS and Sublicensee established by this Agreement is that of independent contractors. No joint venture or partnership is established by this Agreement. Neither party is the agent, broker, partner, employee, or legal representative of the other for any purpose.
      2. The headings of any sections are inserted for convenience of reference only and are not intended to be part of, or to affect the meaning or interpretation of this Agreement.
      3. This Agreement embodies the entire understanding of DHCS and Sublicensee and supersedes all previous communications, representations or understandings, either oral or written, between them relating to the subject matter of this Agreement.
      4. In the event that any provision of this Agreement is unenforceable or held to be unenforceable, all other provisions of this Agreement have force and effect and will not be affected thereby.
      5. This Agreement may only be amended, modified, or supplemented by an agreement in writing signed by each party hereto.