About the National Sexual Assault Legal Hotline and Legal Intake Form
Welcome to the National Sexual Assault Legal Hotline and Legal Intake Form (“hotline”) operated by Take Back The Night Foundation in partnership with Laffey, Bucci & Kent, LLP (“we” or “us” or “our”). This policy applies only to telephone calls to the hotline and submissions to the intake form on the Take Back The Night Foundation website that are answered directly by intake staff who work for or on behalf of us. Should a call or intake be transferred to another entity, such as a sexual assault service provider, hospital, law enforcement agency, or other law firm, it is not covered by our terms of service; you should contact the organization directly for its policy.
IF YOU ARE IN DANGER, CONSIDERING SUICIDE, OR NEED EMERGENCY HELP, CALL 911 (IN THE U.S.), OR YOUR LOCAL AUTHORITIES, NOW.
If you have concerns that your phone calls or form submissions may be monitored and you do not want others to know that you have contacted the National Sexual Assault Legal Hotline, we recommend you locate a safe computer, tablet or other device with internet access and visit www.rainn.org or www.nsvrc.org to find resources near you. If you have concerns that your calls or internet use may be monitored and you have already used the National Sexual Assault Legal Hotline or Intake Form, we recommend you clear your call and internet history from your device.
Please be aware that even if you delete your call or web log from your device, your service provider may keep or store your logs for an indefinite period of time, and your service provider might provide it to anyone who has access to your account.
About the Terms of Service
Your privacy and security are very important to us. The following information will help you understand what information we collect by phone and through the form submission, and how we handle that information once we collect it. This policy will tell you if we disclose that information to anyone, and what choices you have regarding how we use that information.
All references in this policy to “staff,” “staffers,” “trained staff” or “trained staffers” cover staff paid directly by us; staff paid by a third-party to provide services on our behalf; and volunteers.
At the conclusion of a call or upon submission of a form, you may be asked to provide feedback through an anonymous interactive voice response system or online questionnaire, in the case of a form submission. If you provide feedback, it may be shared with our staff for the purpose of improving hotline and intake form services. This feedback is voluntary; you do not need to provide any information you do not feel comfortable with. To ensure that your feedback remains completely anonymous, you should not include any personally identifiable information. Also, your feedback will not be connected to other records of your call to the National Sexual Assault Legal Hotline or your submission to the Legal Intake Form.
Personally Identifiable Information
Personally Identifiable Information (PII) is information about you that would identify you, such as your name or address. We may request personal identifiable information solely as to provide same to our attorneys who will contact you in response to your call or form submission. However, you are not obligated to provide any PII during the initial intake call or form submission and may do so, solely at your discretion, when and if you wish to do so.
Additionally, in order to determine usage levels, average call length, and for other recordkeeping purposes, an entry will be made in a database containing the start and stop time of each telephone call. Similarly, an entry will be made in a database for form submissions recording whatever portion of the form was completed.
Please note that if you are transferred to another hotline or service for ongoing support, the terms of service of such hotline or service will govern upon such transfer.
While we do not require PII be provided at the time of your initial call or form submission, you should be aware that telephone carriers generally retain records of incoming and outgoing calls for billing and other purposes, and internet providers and web browsers retain records of web searches.
We automatically gather, or aggregate, certain usage information, such as the number of National Sexual Assault Legal Hotline callers and Legal Intake Form users, average length of telephone call, and resources provided. This data cannot be used to identify you personally and helps us to determine how often the National Sexual Assault Legal Hotline and Legal Intake Form are being used, at what times of the day, and other useful statistics. We may use this aggregate data for internal record keeping and service improvement purposes, and may share it with sponsors, supporters, or the media.
Information gathered for research and statistical purposes will only be used for that purpose. Notwithstanding this Terms of Service, our trained staff may be forced to disclose information to the government or third parties under certain circumstances. We may be required to (and you authorize us to) reveal any information about you that we possess to law enforcement or other government officials as we, in our sole discretion, believe is necessary or appropriate, in connection with the investigation of a crime, mandatory reporting laws, fraud or other activity that is illegal, or may expose us, or you, to liability.
If we or a trained staffer fears that you are in danger of committing suicide; are 17 years of age or younger; or are a vulnerable adult covered by your state’s mandatory reporting laws, and you have provided us with information, such as name or location, that would allow us to identify you, we or the trained staffer may be required to disclose whatever information you have provided to the appropriate authorities. If you do not wish us to notify legal authorities, you should not share PII with us.
If you are a minor and you would like us to notify authorities, we will do so UPON YOUR REQUEST. In such case, we will request PII from you so that we may notify authorities. Such information will be otherwise subject to our Terms of Service and may only be shared with state or local authorities.
Our place of business is in Pennsylvania. However, trained staffers and/or third parties working on behalf of us may be located elsewhere in the United States. Laws pertaining to your communication with the National Sexual Assault Legal Hotline and the Legal Intake Form may not protect your communications to the same degree, or in the same way, as the laws of your state. It is possible that a court of law will not keep private, and may require us to reveal, information that you provide during your call.
Risks and Use of Hotline
You assume all risk for use of the Hotline. Neither we nor any of our employees, agents, service providers, or any other entities with whom we has contracted shall have any liability for or in connection with (1) actions taken or not taken by you or a third party, during, after, or as a result of your use of the Hotline, or (2) the unavailability of the Hotline. You agree to indemnify us and hold us harmless for damages arising out of (A) your use of the Hotline, (B) your breach of these Terms, (C) your violation of the law, (D) claims asserted by third parties that you are in breach of these Terms or (E) information provided by you to us. Additionally, in no event shall we be liable for any special, incidental, consequential, exemplary, or indirect damages.
The Hotline is provided on an “as is” basis and “as available” basis. We do the best we can and are constantly improving but can’t make any guarantees. We expressly disclaim all warranties of any kind, whether express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Without limiting the above, we make no warranty that the Hotline will (A) meet your requirements; (B) be uninterrupted, timely, secure, or error-free; or (C) meet your expectations. The foregoing disclaimers of liability apply to all damages or injury, including those caused by any failure of performance, error, omission, interruption, deletion, defect or delay in operation or transmission, whether for breach of contract, tortious behavior, including negligence, or any other cause of action.
Prohibited Uses and Right to Terminate Access
You agree to use our Hotline only for lawful and legitimate purposes and in accordance with these Terms. You agree not to use the Hotline:
- in any way that violates any applicable federal, state, local, or international law or regulation;
- for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way;
- to threaten, harass, or otherwise inappropriately abuse us, our employees, partners, agents, subcontractors, volunteers, or others;
- to send, knowingly receive, upload, download, use, or re-use any content which does not comply with these Terms;
- to “spam,” gather or attempt to gather personal information belonging to users or others for the purposes of spamming, marketing, selling to third parties, or otherwise abusing us, the Hotline, or our users;
- to impersonate or attempt to impersonate another person or entity;
- to engage in any other conduct that restricts or inhibits anyone’s use of the Hotline, or which, as determined by us, may harm us or users of the Hotline, or expose them to liability;
- to copy, adapt, decompile, reverse engineer, attempt to discover the source code of or make derivative works of the Hotline or any portion of the Hotline; or
- to otherwise attempt to interfere with the proper working of the Hotline.
We reserve the right to terminate your access to the Hotline if you violate these Terms, including doing anything on the list above.
We may unilaterally terminate your access to the Hotline. We also may adjust your access if we determine that you’d be better served by a different kind of support.
We further reserve the right to terminate the Hotline or your access to them for any other reason, at our sole discretion.
Third Party Services
You may contact us through a third-party website, application or service (“Third Party Service”), including, for example, Facebook Messenger. If you contact us through a Third Party Service (A) both we and the third party that runs the Third Party Service may have access to the content of the messages you share and (B) your information may be shared between us and that third party. For example, we and the third party may exchange your location information to contact local law enforcement or emergency services in an emergency. Moreover, these Terms only apply to you and us. We are not responsible for, and make no representations regarding, the policies or practices of any Third Party Service. If you contact us through a Third Party Service, you are subject to these Terms as well as the terms and policies of the Third Party Service. We encourage you to review the terms and policies of any Third Party Service you use to contact us or the Hotline. If you do not wish to be subject to a Third Party Service’s terms or policies, please do not contact us or the Hotline through a Third Party Service.