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Privacy and Security Policy

Effective August 1, 2014

1. Definitions

1.1.

Fundraise.com, Inc. (“Fundraise”, “FR”, referred to throughout in the second person as “us”, “we”, “our”, etc.) is an online fundraising platform that allows anyone to raise money for any cause.

1.2.

The Fundraise service offering (collectively, the “Service”) includes www.fundraise.com (“Site”); and any services available on or through the website or otherwise provided by Fundraise, including any subdomains thereof; any API integrations or widgets provided by Fundraise; any other website or webpages we own or operate that include a link to this statement; or any applications (including mobile applications) made available by Fundraise.

1.3.

“Terms of Service” includes both General Terms of Service and Donor Terms of Service.

1.4.

Any party that accesses or uses any Fundraise Service, whether manually or through automated means, is defined as a “User”, and applies to all - whether a charity, event organizer, event registrant or any other fundraiser or donor using our Service.

1.5.

Any party that accesses or uses any Fundraise Service to donate, purchase a ticket, or perform any other transaction, whether manually or through automated means, is defined as a “Donor”. All Donors are Users.

1.6.

“Payment Card” refers to any credit card, debit card, or other electronic method of payment authorized by Fundraise.com.

1.7.

"Policies" means the various policies, guidelines, and other terms and conditions that are referenced in this Agreement but are not expressly set forth in this Agreement. The Policies may be updated from time to time by Fundraise.com.

2. OVERVIEW

1.8.

This Privacy and Security Policy is the exclusive and authoritative source of our privacy and security practices. Please keep in mind that this Privacy Policy does not apply to other websites, which may be accessible from the Website. External websites may have data collection, storage, and use practices and policies that differ materially from those contained here.

1.9.

We may update this Privacy Policy from time to time. If we do so, we will notify you by posting the date of the last change or amendment at the top of this page. You agree that this method of notice is sufficient and that you will regularly check this Privacy Policy to see if updates or changes have been made.

3. Modification

1.10.

We reserve the right, at our sole discretion, to change this Policy (“Updated Policies”) from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Policies become effective. You agree that we may notify you of the Updated Policies by posting them on the Site or Service, and that your use of the Service after the effective date of the Updated Policies (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Policies. Therefore, you should review these Policies and any Updated Policies before using the Service. The Updated Policies will be effective as of the time of posting, or such later date as may be specified in the Updated Policies, and will apply to your use of the Service from that point forward. This Policy will govern any disputes arising before the effective date of the Updated Policies.

4. DATA COLLECTION

1.11. Traffic Data

1.11.1.

Fundraise.com automatically collects certain information when a User visits our Website. This information includes: (i) IP addresses, (ii) domain servers, (iii) types of computers accessing the Website, (iv) types of web browsers used to access the Website, (v) referring/exit pages, (vi) data about usage patterns throughout the Website (e.g. click rates on different links etc.). Information of this type ("Traffic Data") is anonymous information that does not personally identify you but is helpful for us to improve the business performance and user experience of the Website.

1.11.2.

Cookies are used to collect Traffic Data related to the Website. This is non-personally identifiable information compiled in to allow Fundraise.com to aggregate statistical information about usage of the Website.

1.11.3.

The Website also contains web beacons, which are electronic images that are used along with cookies to compile statistics so we can analyze how the Website is being used. Our e-mails may also contain web beacons so we can track how many people open the message or click on links within the message. This information helps us improve our communication and marketing efforts.

1.11.4.

We use a third party to gather information on how Users are using the Website. By using this service we are able (for example) to see how many people visited a given page or clicked on a given link. This information helps us optimize the performance of the Website.

1.12. Personal Information

1.12.1.

In order for a Donor to make donations through the Website, register with the Website, purchase tickets or registrations through the Website, or take certain other actions on the Website (e.g. contacting us through forms, etc.), information that personally identifies a Donor is required ("Personal Information"). Personal Information includes the following types of data:

1.12.1.1.

Contact Data such as name, mailing address, e-mail address

1.12.1.2.

Financial Data such as your credit card number

1.12.1.3.

Activity Data such as your donation history, fundraising history, events attended, etc.

1.13. Use of Personal Information

1.13.1.

Some of the ways Personal Information is used:

1.13.1.1.

Sending receipts

1.13.1.2.

Sending updates about the Website

1.13.1.3.

Sending you updates about activity on the Website related to you

1.13.1.4.

Sending newsletters

1.13.1.5.

Administration of accounts

1.13.1.6.

Responding to customer service inquiries

1.13.1.7.

Sending marketing materials

1.13.1.8.

Improving our Website and marketing efforts

5. SECURITY

1.14. Fundraise Confidentiality

1.14.1.

Except as otherwise provided in this Privacy and Security Policy, Personal Information will not be shared with other third parties unless such disclosure is necessary to: (i) comply with a court order or other legal process, (ii) to protect our rights or property, or (iii) to enforce our Terms of Service. Please keep in mind that while Fundraise takes reasonable precautions to safeguard your Personal Information no amount of protection can guarantee its security.

1.15. Donation Processing

1.15.1.

All donations and ticket/registration sales made through the Website are processed through an insured third party payment processor (the "Processor") and are subject to the Processor’s terms of use. Fundraise.com is not liable or responsible for any errors or omissions, breaches of security, or other failures on the part of the Processor. Financial and Contact data input to consummate a transaction is encrypted using SSL technology and sent to the third party payment processor. No credit card information is retained by Fundraise.com. For recurring donations, Financial and Contact data is stored by the third party payment processor in accordance with industry standards.

1.15.2.

Only the third party payment processor has access to credit card numbers. Fundraise.com does not have access (other than the last four digits) nor does it retain credit card numbers or other related information. Data handled by the third party payment processor is subject to their terms and privacy policy, which is available on request.

1.16. Access to Personal Information

1.16.1.

Credit Card data (with the exception of the vendor and last four digits) are not accessible by Fundraise.com or by any third party vendor other than our third party payment processor.

1.16.2.

Third Party business partners performing core services (such as hosting, data storage, and security) related to the operation of the Website do have access to other Personal Information (non credit card related) but only in encrypted form. This is required to perform these core services, which are necessary for the orderly operation of the Website.

1.16.3.

Unless a donation through the Website is made anonymously, any User (organization or individual fundraiser) to whom a Donor makes a contribution, or from whom a ticket is purchased, will have access to a Donor’s Personal Information (except for credit card number). If a donation or ticket purchase is made through a fundraising page associated with a fundraising team, or directly to a team fundraising page, then the person who created the team page will also have access to your Personal Information (except for credit card number). Donor consents to the foregoing and agrees that Fundraise.com is not responsible for how these organizations or persons handles Personal Information. Donor should contact them directly for their privacy policies and data usage practices.

6. USER Data and Privacy Statement

1.17.

User Responsibility. User shall be solely responsible for the quality and accuracy of all data that is entered into the Services. Except as otherwise provided in these Terms, as against Fundraise, such data shall be your sole property. We respect and honor the confidentiality of User data, including donor information, financial information, member data, etc. Accordingly, Fundraise will exercise reasonable care to (i) keep all data pertaining to you and stored in the Service private and (ii) not disclose such data to anyone except employees, agents, and contractors of Fundraise who need to know the same in order to facilitate the performance of their duties. Fundraise will exercise reasonable care in the protection of User data and will maintain reasonable data integrity safeguards against the deletion or alteration of User data. If any data is lost or destroyed because of any act or omission of Fundraise or any noncompliance with Fundraise’s obligations under these Terms, then Fundraise will, at its own expense, use commercially reasonable efforts to reconstruct such data as soon as possible. Fundraise will store and safeguard storage media containing User data when in the custody of Fundraise. User acknowledges and accepts that the Service will be unavailable when Fundraise is backing up data or undergoing regular system maintenance.

1.18.

Confidentiality. User will hold confidential and will not use any Donor information obtained through the Service, except for uses expressly permitted by the Federal and State Election laws. User will not disclose or cause to be disclosed any Fundraise Confidential Information without Fundraise's prior written consent, except to those employees, agents, representatives, or contractors of User who require access to Fundraise Confidential Information to perform under this Agreement ("Authorized Personnel") and who are bound by a written agreement not to disclose third party confidential information. User agrees that User is responsible for any act and/or omission of any Authorized Personnel in breach of this paragraph. User agrees to use the same degree of care, but no less than a reasonable degree of care, as User uses with respect to its own information of a similar nature to protect the Fundraise Confidential Information and to prevent communication of Fundraise Confidential Information to any unauthorized third parties. "Fundraise Confidential Information" includes without limitation: (a) all Fundraise software, technology, programming, specifications, materials, guidelines and documentation relating to the Service; (b) any information provided pursuant to this Agreement, including, without limitation, tangible, intangible, visual, electronic, present, or future information such as: (i) trade secrets; (ii) financial information, including pricing; (iii) technical information, including research, development, procedures, algorithms, data, designs, and know-how; and (iv) business information, including operations, planning, marketing and promotion plans, and Contribution Amounts; and (c) any other information designated in writing by Fundraise as "Confidential" or an equivalent designation. This Agreement imposes no obligation upon User with respect to Fundraise Confidential Information that: (a) was known to User before receipt from Fundraise; (b) is or becomes publicly available through no fault of User; (c) is rightfully received by User from a third party without a duty of confidentiality; or (d) is independently developed by User without a breach of this Agreement. If Fundraise Confidential Information is required to be produced by law, court order, or other governmental demand ("Process"), User must immediately notify Fundraise of that obligation. User will not produce or disclose Fundraise Confidential Information in response to the Process unless Fundraise has requested protection from the court or other legal or governmental authority requiring the Process and the request has been denied. Upon Fundraise’s written request, User will promptly return all Fundraise Confidential Information, together with all copies, or certify in writing that all Fundraise Confidential Information and copies have been destroyed.

1.19.

Usernames and Passwords. User will be responsible for maintaining the confidentiality of its Service usernames and passwords. User is responsible for all Service activity by persons that use the usernames and passwords, including any consequences of the use or misuse of the usernames and passwords. User agrees to notify Fundraise immediately of any unauthorized use of its usernames and passwords or any other breach of security regarding the Service of which User has knowledge. User agrees that all officers, employees, agents, representatives and others having access to the Service usernames and passwords will be vested by User with the authority to use the Service and legally bind User.

7. DONOR PRIVACY POLICY

1.20.

When a Donor contributes to any cause on Fundraise.com, Donor grants us permission to access Donor’s donation records at any time and to use the information provided to process the donation. Unless Donor indicates at the time of making the donation that Donor would like to remain anonymous, Fundraise.com will make available to the Registered Charity and/or Fundraiser online reports identifying, where available, Donor’s name, address, email, and transaction accounting details.

1.21.

If you are the Administrator for any fundraising page, Donor information will be shared with you via a report accessible on your fundraising page administrative dashboard unless the donor opts out and chooses to remain anonymous at the time of donation, in which case we will honor the Donor’s request for anonymity and not share the Donor’s identity.

1.22.

If applicable, Donor information will also be shared with organizations administering giving-events in which the donor participates, unless the donor indicates at the time of making their donation that they wish to remain anonymous.

8. PUBLIC INFORMATION

1.23. Webpages

1.23.1.

All fundraising pages that are “Published” are public. Published Pages created on the Website are indexed by search engines and accessible to the public.

1.23.2.

By un-publishing a fundraising page, the event or campaign link will not be displayed through the activity feeds on the Website, the event or campaign will not be available through the internal search function on the Website, and it will not be indexed by external search engines like Google. However, people CAN access the page if the link is shared with them. Also note that, un-publishing a campaign or event will still allow any personal fundraising pages created by supporters as part of that campaign or event to remain publicly accessible.

1.24. Other Public Information

1.24.1.

Information posted on event pages, campaign pages, personal fundraising pages, blog posts, or other public pages on the Website can be accessed by the public. Caution should be exercised when deciding to share information on public pages. Fundraise.com cannot control who accesses shared information or how other parties will use that information.

1.25. Activity Feeds

1.25.1.

Activity feeds are streamed displays of actions occurring on the Website. Our homepage contains an activity feed displaying recent activity occurring across the whole Website (e.g. donations, new events, ticket purchases, etc.).

1.25.2.

Unless a Donor selects the option to donate anonymously, Donor’s name and the donation amount (or ticket/registration purchase) will be publicly displayed through the homepage activity feed.