Welcome to www.cfgb.org (the “Site”), a website provided by Community Foundation for Greater Buffalo, Inc., a non-profit corporation (“Community Foundation”). The Community Foundation is committed to maintaining the confidentiality, integrity and security of personal information entrusted to us by current donors, potential donors and by the officers and staff of nonprofit agencies who approach us for funding, and the people that they serve.
Community Foundation respects your privacy, and this policy covers Community Foundation’s disclosure, handling and use of information collected from you through the Site or other sources in the ordinary course of Community Foundation’s business.
You should review this policy carefully, and be sure you understand it, prior to using the Site or otherwise providing any information to Community Foundation. Your use of the Site, providing any information to Community Foundation or any other indication of your assent is deemed to be 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 Community Foundation. For purposes of this Section, accessing the Site only to review this policy is not deemed to be use of the Site.
In this policy:
- “Collected Information” means all (i) Personal Information and (ii) Non-Personal Information;
- “Non-Personal Information” means all information collected by Community Foundation, whether electronically or manually, through (i) the Site, (ii) e-mail messages and other electronic communications that you may send to Community Foundation, and (iii) other sources in the ordinary course of Community Foundation’s business, that is not Personal Information (including, but not limited to, any Analytical Information); and
- “Personal Information” means all information collected by Community Foundation, whether electronically or manually, through (i) the Site, (ii) e-mail messages and other electronic communications that you may send to Community Foundation, and (iii) other sources in the ordinary course of Community Foundation’s business, 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, e-mail address, physical address, phone number, human resource data from employees, resumes from individuals seeking employment, credit card information, photos, grant application data and scholarship application data.
3. Collected Information
No Collected Information is obtained from you, unless it is voluntarily provided, except for any Collected Information obtained automatically through the Site as set forth in this policy. Regardless of the method used to obtain Collected Information, Community Foundation will collect and retain Personal Information in its primary and backup files only to an extent that is relevant to the purposes for which it is provided by you, and for Community Foundation’s other legitimate business purposes (including, but not limited to, marketing). You are responsible for obtaining any approvals, authorizations, consents and permissions that are required in connection with your providing Community Foundation with any information (including, but not limited to, any information relating to a third party).
You may refuse to provide any information to Community Foundation at any time by terminating your use of the Site, or in all other cases not involving use of the Site, by notifying Community Foundation as set forth in Section 18. If you refuse to provide any information when requested to do so by Community Foundation or the Site, you may not be able to access, or otherwise enjoy the benefits of, certain products and services from Community Foundation or features of the Site.
5. Electronic Communications
Whether or not you have previously sent Community Foundation an e-mail message, you consent to Community Foundation’s sending you e-mail messages and other electronic communications (a) in connection with your use of the Site, (b) in the ordinary course of business, or (c) for any other legitimate business purpose (including, but not limited to, marketing). Since Community Foundation 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 Community Foundation as set forth in Section 18 or by following the directions contained in such e-mail messages or other electronic communications. Any request to unsubscribe to e-mail or other electronic communications will likely be effective promptly after your request is received by Community Foundation.
6. Analytical Information
When you access the Site, Community Foundation will collect Analytical Information. Your browser may provide you with the ability to not accept cookies, as well as 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.
Analytical Information will only be used by Community Foundation (a) to record your use of the Site, (b) to diagnose problems with the Site, (c) to improve the Site and make the Site more useful to you and other users, and (d) for other legitimate business purposes of Community Foundation (including, but not limited to, marketing). Community Foundation will collect Analytical Information either directly or through third parties acting on its behalf.
Community Foundation will protect Personal Information from loss, misuse and unauthorized access, alteration, destruction and disclosure as required by all laws applicable to Community Foundation; provided, however, that, except as provided in the immediately following sentence, Community Foundation will, at a minimum, use commercially reasonable administrative and technical efforts to protect Personal Information from loss, misuse and unauthorized access, alteration, destruction and disclosure. Certain Personal Information posted by you on the Site may be accessible to the general public, and Community Foundation is not responsible for protecting such Personal Information from loss, misuse or unauthorized access, alteration, destruction or disclosure. For example, if you participate in a public forum on the Site, any information disclosed by you when doing so may 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, misused or accessed, altered, destroyed or disclosed without authorization, even if Community Foundation uses such reasonable efforts. In providing information to Community Foundation, you must assume the risk that Collected Information could be lost, misused or accessed, altered, destroyed or disclosed without authorization.
8. Use and Transfer of Collected Information
All Collected Information may be used by Community Foundation for any legitimate business purpose (including, but not limited to, marketing). If Community Foundation expressly states in this policy or in another writing that any Collected Information will only be used for a specific purpose, Community Foundation will only use such Collected Information for such purpose, unless you subsequently consent to its being used for another purpose.
Any Collected Information obtained by Community Foundation, whether or not for a specific purpose, may be transferred to third parties designated by Community Foundation (including, but not limited to, any vendors of Community Foundation) for any purposes for which Community Foundation could use such Collected Information.
Community Foundation 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 addresses), 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 business interests of Community Foundation or a third party, or (d) transfer such Collected Information to a third party coming to own all, or substantially all, of Community Foundation’s assets. If Collected Information is so transferred, Community Foundation will have no responsibility for any action of the third party to whom or which such Collected Information is transferred.
9. Third-Party Sites
Community Foundation does not warrant or represent that any Collected Information will be accurate or error-free. However, upon your request, Community Foundation will grant you access to your Personal Information in the possession, or under the control, of Community Foundation solely for the purpose of correcting or deleting such Personal Information that is inaccurate or has been processed in violation of this policy, except when 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.
The Site is not intended for children under 13 years of age. However, if a parent or guardian of a child who is under 13 years of age discovers that Personal Information of such a child has been submitted to Community Foundation through the Site without the parent’s or guardian’s consent, Community Foundation will use commercially reasonable efforts to remove such information from the Site and Community Foundation’s servers at the parent’s or guardian’s request. To request the removal of such Personal Information, the parent or guardian must contact Community Foundation as set forth in Section 18, and provide all information requested by Community Foundation to assist it in identifying the Personal Information to be removed.
12. 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 its principles of conflict of laws.
Any complaint by you regarding any Collected Information, or otherwise relating to this policy, must first be submitted to Community Foundation as set forth in Section 18, and Community Foundation must be given a reasonable opportunity of not less than 30 days to investigate and respond to your complaint. Upon Community Foundation’s completing such investigation and so responding, Community Foundation 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 Community Foundation 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.
14. 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 Community Foundation, with respect to Collected Information. If you use the Site or otherwise have business dealings with Community Foundation, such use or dealings will be subject to this policy, plus any other written agreement between the parties that is applicable thereto. 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.
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.
Community Foundation 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 Community Foundation after such posting. It is your responsibility to periodically check this policy on the Site for revisions to this policy. The latest version of this policy will always be the one posted on the Site.
Except as provided in other applicable law, you are solely responsible for all fees and disbursements of any attorney or other advisor retained by you in connection with your enforcing your rights under this policy.
18. Contact Information
If you have any questions or complaints, desire additional information, or need to notify Community Foundation of anything regarding Community Foundation’s handling of any Collected Information or otherwise relating to this policy, please promptly contact the Community Foundation as follows:
Community Foundation for Greater Buffalo, Inc.
Larkin at Exchange
726 Exchange Street, Suite 525
Buffalo, New York 14210
Effective Date: August 28, 2018