Privacy Policy

Welcome to www.givingproject.com (the “Site”), a website provided by The Giving Project LLC, a New York limited liability company, (“Project”). Project respects your privacy, and this policy covers Project’s handling, use and disclosure of information collected from you through the Site or other sources in the ordinary course of Project’s operations.

1. Acceptance
You should review this policy carefully, and be sure you understand it, prior to using the Site or otherwise providing any information to Project. Your use of the Site or your otherwise providing any information to Project is deemed to be irrevocable acceptance by you of this policy. If you do not agree to this policy, you should not use, and should immediately terminate your use of, the Site and not otherwise provide any information to Project. For purposes of this Section, accessing the Site only to review this policy is not deemed to be use of the Site.

2. Information
In this policy:
(a) “Analytical Information” means all Non-Personal Information collected by Project through the use of cookies (or other similar code) and server log files (including, but not limited to, a computer’s access date and time, browser, connection speed, Internet protocol address, Internet service provider, language, location, manufacturer, visit details, and operating system).
(b) “Collected Information” means all Personal Information and Non-Personal Information.
(c) “Non-Personal Information” means all information collected by Project, whether electronically or manually, that is not Personal Information.
(d) “Personal Information” means all information collected by Project, whether electronically or manually, that relates to an individual and that identifies, or can be used in conjunction with other readily-accessible information to identify, such individual (including, but not limited to, name, age, mailing address, e-mail address, phone number, donations amounts, credit card number, credit card security code, bank routing and account numbers, charities supported, employer, and prizes received).

3. Collected Information
No Collected Information is obtained from you, unless it is voluntarily provided or obtained automatically through the Site as set forth in this policy. Regardless of the method used to obtain Collected Information, Project will retain such Collected Information in its primary and backup systems only to an extent that is consistent with the purposes for which it was provided and for any other purposes as set forth in this policy. You are responsible for obtaining any approvals, authorizations, consents and permissions that are required in connection with your providing Project with any information (including, but not limited to, any information relating to a third party).

4. Choice
You may refuse to provide any information to Project at any time by terminating your use of the Site, or in all other cases not involving use of the Site, by notifying Project as set forth in Section 19. If you refuse to provide any information when requested to do so by Project or the Site, you may not be able to access, or otherwise enjoy the benefits of, certain features of the Site (including, but not limited to, the right to participate in a sweepstakes or other contest on the Site).

5. Electronic Communications
Whether or not you have previously sent Project an e-mail message, you affirmatively consent to Project’s sending you e-mail messages and other electronic communications (a) in connection with your using the Site or (b) for any other legitimate purpose (including, but not limited to, marketing). Since Project endeavors to send e-mail messages and other electronic communications only to individuals desiring to receive them, you can unsubscribe to such e-mail messages or other electronic communications at any time by contacting Project as set forth in Section 19 or by following the directions contained in such e-mail messages or other electronic communications.

6. Analytical Information
When you access the Site, Project will collect Analytical Information, either directly or by third parties acting on its behalf. Your browser may provide you with the ability to prevent Project from collecting certain Analytical Information by not accepting cookies. You may also have the ability to delete already-existing cookies. If you refuse, or delete previously-existing, cookies, you may not be able to enjoy some features of the Site. In any case, Analytical Information will only be used by Project (a) to record your use of the Site, (b) to diagnose problems with the Site, (c) to improve the Site or make the Site more useful to you and other users, and (d) for other legitimate purposes of Project (including, but not limited to, marketing).

7. Controller
All Collected Information is controlled by Project at WP Engine, and on servers located at an off-site data center in Mountain View, California. Project may at any time transfer Collected Information to a third-party controller as set forth in Section 18.

8. Protection
Project will use commercially reasonable efforts to protect Collected Information from loss and unauthorized access, alteration, destruction or use, except that certain Collected Information posted by you on the Site may be accessible to the general public, and Project is not responsible for protecting such Collected Information from loss or unauthorized access, alteration, disclosure or use. For example, if you participate in a public forum on the Site, any information disclosed by you when doing so will be available to the general public. Also, since no transmission of information over the Internet or electronic storage of information is completely secure, it is possible that Collected Information could be lost or accessed, altered, disclosed or used without authorization, even if Project uses such reasonable efforts. In providing information to Project, you must assume the risk that Collected Information could be lost or accessed, altered, disclosed or used without authorization.

9. Use and Disclosure
All Collected Information may be used by Project for collecting and distributing any charitable donations made through Project or the Site, administering any sweepstakes or other contest offered on the Site (including, but not limited to, verifying your eligibility to participate in any such sweepstakes or other contest) or any other legitimate purpose, except that, if Project expressly states in this policy or in a separate writing that any Collected Information will only be used for a specific purpose, Project will only use it for such purpose, unless you subsequently consent to its being used for another purpose. Any Collected Information obtained by Project, whether or not for a specific purpose, may be disclosed to third parties retained by Project (including, but not limited to, any sub-contractors or vendors of Project) for any purposes for which Project could use such Collected Information. Project may also at any time, in its sole discretion, disclose and use any Collected Information (including, but not limited to, a computer’s Internet protocol address), whether or not you furnished such Collected Information for a specific purpose, to (a) comply with, or as permitted by, any applicable law or government request, (b) cooperate with law enforcement, and other third parties, in investigating a claim of fraud, illegal activity or infringement of intellectual property rights, (c) protect the rights, property or legitimate interests of Project or a third party, or (d) transfer such Collected Information to a third party purchasing all, or substantially all, of Project’s assets. If any Collected Information is so disclosed, Project will have no responsibility for any subsequent use or disclosure of such Collected Information by the third party to whom or which such Collected Information is disclosed.

10. Third-Party Sites
The Site may contain links to, or be accessible from, websites (including, but not limited to, any credit card processing website) provided by third parties (individually a “Third-Party Site”). Your use of a Third-Party Site will be subject to its terms of use and other provisions, and you are responsible for complying with such terms and other provisions. This policy does not cover the privacy policies or practices of any Third-Party Site, and Project is not responsible for any information you submit to, or otherwise collected by, any Third-Party Site. Project is only responsible for Collected Information obtained by it (a) through your authorized use of the Site, or (b) from other sources in the ordinary course of its operations. You should consult each Third-Party Site for its privacy policy or practice before submitting any information to, or otherwise using, such Third-Party Site.

11. Access
Project does not warrant or represent that any Collected Information will be accurate or complete. Upon your request, you will be granted access to Personal Information in the possession, or under the control, of Project solely for the purpose of correcting or deleting any Personal Information that is inaccurate or has been processed in violation of this policy, except where the burden or expense of providing such access would be disproportionate to the risks to your privacy or where the rights of a third party would be violated. If you desire access to any Personal Information, you must contact Project in writing as set forth in Section 19.

12. Disposition
In disposing any Personal Information, Project will use commercially reasonable measures to protect such Personal Information from unauthorized access, alteration, disclosure or use in the future.

13. Applicable Law
This policy shall be governed by, and construed and interpreted in accordance with, the laws of the state of New York, without regard to principles of conflict of laws.

14. Complaints
Any complaint by you regarding Collected Information, or otherwise relating to this policy, must first be submitted to Project as set forth in Section 19, and Project must be given a reasonable opportunity of not less than 30 days to investigate and respond to your complaint. Upon Project’s completing such investigation and so responding, Project and you must then attempt, in good faith, to promptly resolve any remaining aspects of your complaint. If any aspect of your complaint remains unresolved after an additional reasonable period of time of not less than 30 days, (a) you may commence litigation against Project in connection with the unresolved portion of your complaint only in a court located in Erie County, New York, and having subject matter jurisdiction over your complaint, and (b) you consent to any such court’s being, and waive any objection (including, but not limited to, any such objection based on inconvenience) to such court’s not being, a proper venue for your complaint.

15. Children
The Site is not intended for children under 13 years of age, and Project does not intend to collect personal information from children under 13. However, if a parent or guardian of a child who is under 13 years of age discovers that the child’s personal information has been submitted to Project through the Site without the parent’s or guardian’s consent, Project will use commercially reasonable efforts to remove such information from the Site and Project’s servers at the parent’s or guardian’s request. To request the removal of personal information of a child under 13 years of age, the parent or guardian must contact Project as set forth in Section 19, and provide all information requested by Project to assist it in identifying the information to be removed. Likewise, if Project knows that any personal information of a child under 13 years of age has been received by Project through the Site without the parent’s or guardian’s consent, Project will (a) use commercially reasonable efforts to remove such information from the Site and Project’s servers or (b) obtain the consent of such child’s parent or guardian to retain such information.

16. Entire Agreement
Except as set forth in this Section, this policy contains the entire agreement, and supersedes all prior oral and written agreements, proposals and understandings, between you and Project, with respect to Collected Information. If you use the Site or otherwise have dealings with Project, such use or dealings will be subject to this policy, plus any other written agreement between the parties that is applicable thereto (including, but not limited, any applicable terms of use set forth on the Site). To the extent there is any conflict or inconsistency between any provision of this policy and any provision of such other agreement, the former shall control.

17. Severability
Whenever possible, each provision of this policy shall be interpreted to be effective and valid under applicable law. If, however, any such provision shall be prohibited by or invalid under such law, it shall be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not so modified, it shall be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder of such provision, or any other provision of this policy, being prohibited or invalid.

18. Revisions
Project may revise any provision of this policy from time to time by posting the revised provision on the Site. Any such revision will take effect immediately upon such posting, and will apply to all Collected Information obtained by Project after such posting. It is your responsibility to periodically check this policy on the Site for revisions to this policy.

19. Additional Information
If you have any questions or complaints, or desire additional information, regarding Project’s handling of any Collected Information or otherwise relating to this policy, please promptly contact Project at jcastle@108.178.45.74.

Effective Date: March 1, 2018

The Giving Project

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