Last Updated: November 14, 2017
Please read the entire Policy before using our Services. In this Policy “Collected Information” means all information collected through the Services, including any information submitted by you. This Policy applies to all users of the Services, including nonprofit organizations, fundraisers, and donors.
We reserve the right to modify this Policy at any time. All changes will be effective immediately upon posting to the Services. Your continued use of the ServiCOces after any modification to the Policy will constitute your acceptance of those modifications. Material changes will be conspicuously posted on the Services or otherwise communicated to you.
1. We Collect Personally Identifiable Information and Other Information that You Submit.
Personally Identifiable Information. You can visit our Services without sharing personally identifiable information, but you will be required to submit personally identifiable information in order use certain other features of the Services. We will collect any personally identifiable information from or about you that you choose to submit to us, which may include your first and last name, email address, postal address, telephone number, and financial information. Specifically, we collect your personally identifiable information when you sign up for accounts on the Services, in receiving and fulfilling information requests, and when you respond to communications from us (e.g., surveys, polls, and request for feedback). We will use collected personally identifiable information as described below, including to set up your Service accounts, to communicate with you in connection with your accounts, campaigns, and donations, and to provide you with information and communications that you request or that we believe are relevant or may be of interest to you, subject to applicable laws and the terms of this Policy.
Account Information. To create accounts on the Services you will need to submit certain information, which may include your name, telephone number, and email address. You may choose to add additional types of information to your account, such as your communication preferences, your physical location, demographic information (e.g., your age, marital status, ethnicity/race, and gender), and any other information requested.
Payment Information. Donations made using the Services must be made by credit or debit card. All credit and debit card information is provided directly to our PCI-compliant third-party payment processor. FrontStream does not directly access, handle, or store your credit or debit card information. To make a donation, you will need to submit your name and your credit or debit card type, number, expiration date, security code, and billing address. Payment by credit or debit card is subject to the approval of the card issuer. We will not be liable in any way if a card issuer refuses to accept a credit or debit card for any reason. We will maintain a record of the donations that you make using the Services.
Donation Information. If you choose to make a donation using the Services, you will be required to identify the eligible nonprofit organization(s) for which you are recommending a donation and you will be required to submit, in addition to the payment information listed above. FrontStream will collect and maintain all information provided when making a donation through the Services and will use that information to track donation activity and maintain donation records. If you choose to make a donation, your name may be listed publicly at your discretion on our Services and in donor listings that are published from time to time by FrontStream or the recipient of the donation. If you elect to make a donation in honor of another person, that person’s name may be listed publicly on our Services and in donor listings that are published from time to time. Further, if you elect to provide us with contact information for that person, we may send that person a letter or an email acknowledging the donation. Please do not make a donation in honor of another person if you do not have that person’s permission for us to list his or her name publicly.
Mailing List Information. If you sign up or otherwise opt in to receive promotions from us, you will need to submit your name and email address. You may also provide your physical address and telephone number. We will use this information to provide you with promotional and other electronic communications. You may opt out of receiving promotional emails from us at any time as described below. We may use third-party email providers to deliver these communications to you.
2. Other Information We Collect.
Account Activity. If you use the Services while signed into any account on the Services, we will collect information on how you use your account and the Services.
IP Addresses, Analytics and Related Data. The servers used to operate and provide the Services may collect data pertaining to you and the equipment, software, and communication methods you use to access the Internet and the Services, including Internet protocol (“IP”) addresses assigned to the computers and other devices from where you access the Internet, your Internet service provider (ISP), your device ID number, your approximate geographic location, your browser type, the pages you access on the Services, the web Services you access before and after visiting the Services, the length of time you spend on the Services, date and time stamps, and clickstream data. FrontStream may use this information to administer the Services and their servers, to generate statistical information, to monitor and analyze Service traffic and usage patterns, to monitor and prevent fraud, to investigate complaints and violations of our policies, and to improve the Site’s content and the products, services, materials, and other content that we describe or make available through the Services. We may combine this information with personally identifiable information, other Collected Information, and information obtained from third parties for security and system enhancement purposes. The suppliers that we use to provide the Services may collect information about your visits to the Services and other websites.
Social Media. FrontStream may work with third-party social media platforms to allow you to connect and share information with those platforms through our Services, for example, Facebook, Twitter, and LinkedIn. These features may allow you to share information about your experience on our Services with your friends and followers on those social media platforms and may require us to implement cookies, plug-ins, and application protocol interfaces (APIs) provided by those social media platforms in order to facilitate those communications and features. We may share information that you provide us or that we may collect about your use of the Services with those platforms and that information will be subject to those platforms’ privacy policies, which we encourage you to review. These social networking services may be able to collect information about you, including your activity on our Services. These third-party social networking services also may notify your friends, both on our Services and on the social networking services themselves, that you are a user of our Services or about your use of our Services, in accordance with applicable law and their own privacy policies. In addition, by choosing to use any third-party social media platform or choosing to share content or communications with any social media platform, you allow us to share information with the designated social media platform. If you choose to access or make use of third-party social media platforms, we may receive information about you that you have made available to those social networking services, including information about your contacts on those social networking services. We cannot control any policies or terms of such third-party platform. As a result, we cannot be responsible for any use of your information or content by a third-party platform, which you use at your own risk.
The Services may also use the advertising services and networks offered by those social media platforms to deliver advertising content. Use of these services requires social media platforms to implement cookies or pixel tags to deliver ads to you while you are logged into the platform.
If you do not wish a social media platform to collect information relating to you via the Services, we suggest that you: (a) hide social media platform plug-ins using an ad blocker; (b) always log off completely from the social media platform before visiting other websites and delete all related cookies; and, (c) where the option made available by the social media platform, disable the advertising services and networks operated by that platform.
3. How We Use and Share Information. In addition to the uses described above, FrontStream and its suppliers may use and share Collected Information as described below. FrontStream will not sell, rent, or share Collected Information except as disclosed in this Policy or as permitted by applicable law.
- Evaluation and Improvement of the Services. We may use Collected Information: to analyze, develop, and improve the content, materials, products, and services that we make available through the Services and the Services’ functionality; to inform fundraising, marketing, and communication plans and strategies; to evaluate user needs and customize Service content, promotional emails, and your browsing experience; and for other legitimate and lawful business purposes.
• Corporate Parents, Affiliates, and Subsidiaries, or Associated Entities. We may share Collected Information with our corporate parents, subsidiaries, other affiliated entities, and associated entities (as that term is defined under Australian law) for the purposes described in this Policy.
• Donation Recipients. We may provide your name, mailing address, and email address to the recipient of your donation so that the recipient can send you a contribution acknowledgment or tax receipt, as applicable. If you want to remain anonymous and do not want your name to be disclosed, you must let us know when making the donation.
• Service Providers. We may share Collected Information with our service providers that perform certain functions or services on our behalf, such as to host or assist with the Services, manage databases, process payments or donations, host a store or other e-commerce platform, perform analyses, or send communications for us. We require our suppliers to comply with all applicable data privacy laws and regulations. Our suppliers are authorized to and may use and disclose Collected Information as necessary for them to provide the applicable services to us.
• Select Business Partners . We may share your information with certain business partners that assist in the delivery of the Services (e.g., merchant service providers, organizations holding fundraising events, vendors who have provided bidding items).
- Business Transactions. All Collected Information is exclusively the property of FrontStream but, if FrontStream sells all or part of our business, or make a sale or transfer of assets, or are otherwise involved in a merger, acquisition, reorganization or business transfer, or in the event of bankruptcy, we may transfer Collected information to the successor of that transaction. That successor will be bound by this Policy as it applies to that information.
- Aggregate Information. In an ongoing effort to better understand and serve the end users of our Services, FrontStream often conducts research on its customer demographics, interests and behavior based on Collected Information and other information provided to us. This research may be compiled and analyzed on a de-identified, aggregated basis, and FrontStream may share this aggregate data with its affiliates, agents and business partners. This aggregated data will not identify an end user as an individual. FrontStream may also disclose aggregated statistics prepared using Collected Information in order to describe our Services to current and prospective business partners and to other third parties for other lawful purposes.
4. Information Security. FrontStream does not guarantee that loss, misuse, or alteration of Collected Information will not occur, but we use a variety of security technologies and procedures to help protect against loss, misuse, unauthorized access, disclosure, alteration or destruction of information under our control, including organizational, physical, mechanical and electronic safeguards, for example, encryption and secure server technology. No transmission or storage of information can be guaranteed to be 100% secure. As a result, we cannot guarantee or warrant the security of any information you disclose or transmit to us or that are otherwise provided to us and we cannot be responsible for the theft, destruction, or inadvertent disclosure of information. Please notify us immediately at privacy@FrontStream.com if you become aware of any unauthorized use of your password or account or any other breach of Service security or of this Policy. If our security system is breached, we will notify you of the breach only if and to the extent required under applicable law.
5. Children’s Privacy. The Services are not directed at children under 13 years of age and FrontStream does not knowingly collect or use information from children under the age of 13. If we learn that we have inadvertently collected information from children under the age of 13, we will promptly delete that information from our system.
6. Links to Third-Party Websites and Services. The Services may contain links to websites or online services that are operated or maintained by third parties and that are not under the control of or maintained by FrontStream. Such links do not constitute an endorsement by FrontStream of those other websites, their content or services, or the persons or entities associated with those websites. This Policy does not apply to third-party websites. We encourage you to review the privacy policies and terms of all third-party websites or services that you may visit. In the case of Auction Services, if you place a bid through the FrontStream bidder community, FrontStream will pass your bid and related bidder and payment information on to the seller for the purposes of participation in the seller’s auction.
7. Access from Outside the United States. If you are visiting the Services from outside the United States, please be aware that Collected Information may be transferred to, stored in, and processed in the United States (where our and our suppliers’ servers and databases are located and operated). By using the Services, you consent to the collection, storage, processing, and transfer of collected information in and to the United States. Please note that the privacy and related laws and regulations of the United States may differ from and not be as comprehensive as those of the jurisdiction from which you access the Services and that Collected Information may be accessed by courts, law enforcement and national security authorities in such jurisdictions.
For Australian Clients. In this case, FrontStream will comply with the requirements of the Privacy Act that apply to cross-border disclosures of Collected Information.
8. Your California Privacy Rights. California residents are entitled once a year, free of charge, to request and obtain certain information regarding our disclosure, if any, of certain categories of Collected Information to third parties for their direct marketing purposes in the preceding calendar year. To obtain such information, please email your request to webmaster@FrontStream.com.
9. Updating Communications Preferences (Opt-Out) and Unsubscribing. You may choose to receive promotional offers, newsletters, and similar communications from us regarding products and services of FrontStream and our affiliated organizations. You may opt out of receiving such communications from us by communicating your preferences to us using the contact information provided at the end of this Policy, or in the case of emails, by following the unsubscribe instructions contained in the applicable email.
10. How to Access Your Personally Identifiable Information. To access or update your personally identifiable information as it exists in our records, please visit the account you have created for yourself in Services account, if applicable, or contact us at the contact information below.
11. Privacy Complaints for Australian Users. If you have a complaint about how we collected or handled Collected Information, please contact us (see details below). We will endeavor in the first instance to deal with your complaint and take action to resolve the matter. If your complaint cannot be resolved at the first instance, we will ask you to lodge a formal complaint in writing, explaining the circumstances of the matter that you are complaining about, how you believe your privacy has been interfered with and how you believe your complaint should be resolved. We will acknowledge receipt of your formal complaint and indicate the timeframe that you can expect a response. We will endeavor to resolve the complaint as quickly as possible, but if the matter is complex and our investigation may take longer, we will let you know when we expect to provide our response.
If you are unhappy with our response, you may refer your complaint to the Office of the Australian Information Commissioner or, in some instances, other regulatory bodies, such as the Victorian Health Services Commissioner or the Australian Communications and Media Authority or the entity identified in Section 14 below.
12. E.U.-U.S. Privacy Shield. FrontStream, its holding company FrontStream Holdings, LLC and all its subsidiaries, namely: FrontStream, Inc., FrontStream PTY, LTD, and the U.S. subsidiaries FirstGiving, Inc., Giftworks, BiddingForGood, Inc., and Truist, Inc. comply with the EU-US Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union (“EU”) members countries. FrontStream has certified that it adheres to the Privacy Shield Principles. If there is any conflict between the policies in this Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov .
FrontStream is responsible for the processing of personal data it receives under the Privacy Shield Framework and subsequently transfers to a third party acting as an agent on its behalf. FrontStream complies with the Privacy Shield Principles for all onward transfers of personal data from the EU, including the onward transfer liability provisions.
With respect to Collected Information received or transferred pursuant to the Privacy Shield Framework, FrontStream is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, FrontStream may be required to disclose Collected Information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
In compliance with the Privacy Shield Principles, FrontStream commits to resolve complaints about FrontStream’s collection or use of your Collected Information (personal information). EU individuals with inquiries or complaints regarding our Privacy Shield policy should first contact FrontStream at: privacy@FrontStream.com.
FrontStream has further committed to refer unresolved Privacy Shield complaints to Privacy Trust, an alternative dispute resolution provider located in the U.S. If you do not receive timely acknowledgment of your complaint from FrontStream, or if FrontStream has not addressed your complaint to your satisfaction, please contact or visit Privacy Trust at https://www.privacytrust.com/cert/411716.html for more information or to file a complaint. The services of Privacy Trust are provided at no cost to you.
Under certain conditions, more fully described on Annex I of the EU-US Privacy Shield Framework Privacy Shield website (How to Submit a Complaint) you may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted.
13. Contact Us. If you have questions or concerns about this Policy or the collection, use, disclosure, deletion or storage of Collected Information, please contact us by email at privacy@FrontStream.com, or by mail at 11480 Commerce Park Drive, Suite 300, Reston, VA 20191.