PRIVACY STATEMENT AND YOUR PRIVACY RIGHTS
Effective Date: June 5, 2020
This Privacy Statement (“Privacy Statement” or “Agreement”) is made by and between The Jim Moran Foundation, Inc. (“The Foundation”) and you, and explains what information we collect about you, what we do with it, and how you can control your information. The Privacy Statement sets forth the terms and conditions that apply to your access and use of the Internet website owned by The Foundation, located at the URL www.jimmoranfoundation.org ("jimmoranfoundation.org" or the “website”).
This Privacy Statement constitutes a binding agreement between you, as a user of jimmoranfoundation.org, and us, as the owner of this site. BY USING WWW.JIMMORANFOUNDATION.ORG, OR ACCESSING OR REGISTERING ON THIS SITE, YOU ARE CONSENTING TO THE TERMS OF THIS PRIVACY STATEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS PRIVACY STATEMENT, PLEASE DO NOT USE, ACCESS, OR REGISTER ON THIS SITE.
What We Collect
We collect information from you and your devices. We also receive information about you from third parties. We collect two types of information about you: “Personal Information” and “Non-Personal Information.”
“Personal Information” is data that can be used to uniquely identify or contact you. “Non-Personal Information” includes technical data that, alone, cannot be used to identify you and includes information about how you access and use jimmoranfoundation.org. Please note that over time, non-personal information may become personal information due to regulatory developments, technological advancements, or the co-mingling of personal and non-personal information. Specifically, we collect the following information in the following ways:
- Registering with our website: We collect personal information (which may include first and last name, home or other physical address, email address, and telephone number) about you and/or others when you voluntarily submit it to us as part of a Grant Application, when you submit it as part of an offer, promotion, or survey, and/or when you join our Mailing List.
- Requests for information: If you submit feedback, questions or requests for information, we may request your name, mailing address, telephone number and email address in order to respond to your inquiries.
- Website browsing information: When you visit any website, your browser automatically sends certain information such as browser type, browser language preference, operating system, internet service provider, IP address, device identification number, geo-location data, and online browsing data (like date and time of access to our website, referring website address, pages viewed, features used, links clicked, and other actions you take in connection with the website, sometimes referred to as “clickstream data”).
- Tracking information: When you visit our website, automated collection tools such as “cookies” and “web beacons” may gather Non-Personal Information about your visit and your computer.
- A cookie is a small text file stored on your computer that lets us know whether you’ve visited the website before as well as your navigation experience during your visit. Cookies may be used to facilitate your access to our website, enhance and personalize your online experience, and recognize your computer or your device.
- Web beacons are small graphics placed on our website and in email communications that are used to measure the effectiveness of our website and email communications. Web beacons on our website collects information about your visit, like the pages you view, the features you use, the links you click, and other actions you take in connection with our website. Web beacons in our emails track your interactions with those messages, such as when you receive, open, forward or click a link in an email message from us.
- Adobe Analytics — We may also use Adobe Analytics. For further information on Adobe Analytics and to opt out, please click here: http://www.adobe.com/privacy/opt-out.html.
We may tie non-personal information with personal information in order to provide you with customized recommendations, to help authenticate you or other data or information that you may provide, to prevent fraud and to ensure that this website meets your needs. When we tie non-personal information with personal information, it is considered “personal information” for the purposes of this Privacy Statement.
Why We Collect Information About You
We collect information about you primarily to market to you, but also for other purposes that include but are not limited to:
- Customize our communications with you and provide personalized content, offers, and advertising, including on our website, based on information collected through tracking tools.
- Administrative purposes, such as to assist you with registration on our branded website and brand contact list or to respond to inquiries from you.
- Operate, evaluate, and improve our website, such as to analyze which areas of our site receive the most visits and user visit history.
- Administer offers, promotions, and surveys.
- Communicate with you about news related to philanthropic opportunities or otherwise related to this website.
- Perform data analyses and other processing (including market and consumer research, and trend analysis).
- Protect against, and identify, fraud and other criminal activity or to exercise our rights or defend legal claims.
- To comply with applicable legal or regulatory obligations, including but not limited to, use in connection with legal claims, compliance, and regulatory or investigative purposes.
- For other legitimate business purposes.
With Whom Do We Share Information About You?
- Our Affiliates. We may share your information with The Foundation’s affiliates.
- Partners & Other Third Parties. We may share your personal information with partner organizations and others with whom we work to provide our products and services.
- Others Working for Us. We may share your information with third parties that perform services on our behalf, including running and analyzing our website, sending communications for us, performing age and identity verification, and executing marketing programs and promotions.
- Other Third Parties, as Required by Law. We may share your information with other third parties, such as law enforcement or other government entities: (1) if we believe there has been a violation of our website policies; (2) if we believe that someone may be causing injury to our rights or property, other users, or anyone else; (3) to respond to judicial process or to provide information to law enforcement; or (4) as required by law.
How you can control your information
Opting-Out. If you would like to stop receiving communications from us, please email firstname.lastname@example.org.
Your option not to receive promotional and marketing material will not preclude us from corresponding with you regarding your existing or past business relationships with us and will not preclude us from accessing and viewing your information in the course of maintaining and improving our website and our services.
Your Browser Settings. Your browser may give you the ability to control cookies or other tracking tools. The Help portion of the toolbar on most browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie, and how to delete existing cookies. Note that if you choose to disable cookies, it is possible that some of our website’ features may not function properly. For more information on deleting or controlling cookies, visit www.aboutcookies.org.
Do Not Track Requests. Some browsers have “do not track” features that allow you to tell a website not to track you. These features are not all uniform. We do not currently respond to those signals.
Contact Us. If you have any questions or Comments about this Privacy Statement, or you would like us to update information about you, please email email@example.com.
How We Protect Your Information
We do not sell, lease, or rent information about you to non-affiliated third parties or entities for their marketing purposes.
We recognize the importance of maintaining the security of your information. We have implemented technical, administrative, and physical security measures designed to protect your information from unauthorized access, disclosure, use, and modification. Unfortunately, guaranteed security does not exist on the Internet or offline. We therefore cannot guarantee that your information will be free from unauthorized access by third parties. By using jimmoranfoundation.org or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of this website. You understand and agree that we may post a notice on jimmoranfoundation.org if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing via ordinary mail.
This Privacy Statement applies solely to information collected on jimmoranfoundation.org. This website may contain links to other website. We are not responsible for the privacy practices or the content of these other website.
International Data Transfers
If you choose to provide us with information, we may transfer that information to our affiliates or to other third parties, across borders, and from your country or jurisdiction to other countries or jurisdictions around the world. If you are visiting from the European Union (“EU”) or other regions with laws governing data collection and use that may differ from US law, please note that you are transferring your personal information to the US and other jurisdictions which may not have the same data protection laws as the EU. You acknowledge you understand that by providing your personal information: (i) your personal information will be used for the uses identified above in accordance with this Privacy Statement; and (ii) your personal information may be transferred to the United States and other jurisdictions as indicated above, in accordance with applicable law.
Changes to This Privacy Statement
This Privacy Statement may be updated periodically and will be posted on our website, indicating when it was last updated. If there are material changes to our Privacy Statement, we will post a prominent notice on our website and/or provide other notice as required by law. Use of our website following such changes constitutes your acceptance of the revised Privacy Statement then in effect.
We do not have a process for you to review and request changes to your nonpublic personal information that is collected through our website.
How You Can Access or Correct Your Information
To update your mailing address, telephone number, or email address, please email firstname.lastname@example.org.
User-generated Content and Public Profile Features
The Foundation website may contain interactive areas where users might submit comments or other content (including information about the user that might be displayed in the user’s public profile within an online community) that may be posted on the website or otherwise published. Users who do this should be aware that when they voluntarily disclose Personally Identifiable Information (e.g., name, e-mail address, etc.) in content submitted for posting or publication, the information can be read and used by others. This may result in unsolicited messages from other posters or parties. We make no representations and undertake no obligations as to the security or use of information you voluntarily include when submitting content.
Our website is not directed to children under the age of 13, and we do not knowingly collect Personally Identifiable Information from children under the age of 13. If you would like to learn more about the Children’s Online Privacy Protection Act (“COPPA”), visit the Federal Trade Commission home page at http://www.ftc.gov.
California Privacy Rights
Pursuant to California Civil Code Section 1798.83, The Foundation confirms that it does not disclose any person’s Personally Identifiable Information to third parties for their own direct marketing purposes.
California "Do Not Track" Disclosures
Application of United States Laws
Our website is based on computers located in the United States; however, your Personally Identifiable Information may be stored both inside and outside of the United States. While data protection and privacy regulations may differ in different parts of the world, as explained above, we maintain safeguards that comply with state and federal regulations to guard your nonpublic personal information.
If you have any questions about our privacy practices or this Privacy Statement, please email email@example.com.
Your Right to Access and Use jimmoranfoundation.org
The right to access and use jimmoranfoundation.org is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use jimmoranfoundation.org for lawful purposes and pursuant to the terms and conditions of this Agreement. This website is not intended for persons under the age of eighteen (18). You must be eighteen (18) years of age or older to provide any information on the site for purposes of joining our mailing list and/or signing up to receive newsletters and other communication from The Foundation. You agree also that any individual whose information you provide for purposes of joining our mailing list is at least eighteen (18) years of age at the time you provide such information through the website to us and that you have obtained such individual's permission to provide his or her information to us.
By accessing and using jimmoranfoundation.org (other than to read this Agreement), you agree to comply with all of the terms and conditions of this Agreement, including any changes or revisions to this Agreement, which The Foundation, in its sole discretion, may make in the future.
Any action by you that, as determined by The Foundation, in its sole discretion, restricts, inhibits or prevents you or any other user from accessing, using or enjoying jimmoranfoundation.org shall not be permitted. Any such actions, or any other conduct that The Foundation determines in its sole discretion to be unacceptable and may result in your loss of the right to access and use jimmoranfoundation.org.
Intellectual Property Rights
Images and/or videos of people or places displayed on jimmoranfoundation.org are either the property of, or used with the permission of The Foundation. The use of these images and/or videos by you, or anyone else authorized by you, is prohibited unless specifically permitted by this Agreement or specific permission provided elsewhere on jimmoranfoundation.org. Any unauthorized use of the images and/or videos may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on jimmoranfoundation.org, including, without limitation, the names "Youth Automotive Training Center,” "JM Family Enterprises, Inc.," "The Jim Moran Foundation,” and “The Future Belongs to Those Who Prepare For It,” and their respective logos are owned by The Foundation or a third party. Nothing contained on the website should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Trademark displayed on jimmoranfoundation.org without the written permission of The Foundation or such third-party owners of the Trademarks. Any use of third-party Trademarks on jimmoranfoundation.org is done either by permission of the Trademarks' owners or is subject to the Fair Use provisions of international, Federal, and State intellectual property laws. No special association or relationship is intended by such use, and its use should not be construed as granting The Foundation any official status with any third party, unless otherwise noted. Your misuse of the Trademarks displayed on jimmoranfoundation.org, or any other content on jimmoranfoundation.org, is strictly prohibited. The Foundation reserves the right to enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
The images, videos, data, and content contained on or downloaded from jimmoranfoundation.org (collectively, the "Content") are copyrighted by The Foundation or third parties. The Foundation also owns a copyright of a collective work in the selection, coordination, arrangement and enhancement of the Content.
Subject to your compliance with this Agreement, you may access, view, download, or print a single copy of the Content for your personal, non-commercial use; provided, however, that you shall not delete any proprietary notices or materials on the Content.
Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use of the Content is permitted without the express prior written permission of The Foundation or its licensors.
You agree that printing, downloading or otherwise using the Content in accordance with this Agreement does not entitle you to any ownership or intellectual property rights in the Content.
You shall be solely responsible for any damage resulting from your infringement of The Foundation’s intellectual property rights, or any other harm incurred by The Foundation as a direct or indirect result of your copying, distributing, redistributing, transmitting, publication or use of the Trademarks or the Content that is contrary to the terms and conditions of this Agreement. Any use of the Content other than the use of the Content authorized by the terms and conditions of this Agreement is strictly prohibited, and you will be subject to damages for any unauthorized use of the Content, and for the costs of any lawsuit that is necessary to prevent or terminate such unauthorized use of the Content, which may include a lawsuit to enjoin such unauthorized use of the Content.
If you make any submission to or communications on jimmoranfoundation.org, you automatically grant, or warrant that you and/or the owner of such content has expressly granted to The Foundation a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. The Foundation may sublicense its rights through multiple tiers of sublicenses.
Limitations on The Foundation's Liability
THE FOUNDATION SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS, AS A RESULT OF:
(i) YOUR ACCESS AND USE OF JIMMORANFOUNDATION.ORG;
(ii) YOUR DOWNLOADING OF ANY CONTENT FOR YOUR PERSONAL, NON-COMMERCIAL USE;
(iii) YOUR DOWNLOADING OF ANY CONTENT AS MAY BE PERMITTED BY THE FOUNDATION BY THE FOUNDATION 'S PRIOR WRITTEN PERMISSION REGARDING THE SAME; OR
(iv) YOUR RELIANCE ON OR USE OF CONTENT DISPLAYED, OFFERED, PROMOTED OR ADVERTISED ON JIMMORANFOUNDATION.ORG.
You shall defend, indemnify and hold harmless The Foundation and other affiliates and each of its respective officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including attorneys' fees, arising out of, or attributable to: (i) any breach or violation of this Agreement by you; and (ii) any access or use of jimmoranfoundation.org.
Links to External Sites
This website may contain links to other website. The Foundation is not responsible for the availability of these external website nor does The Foundation endorse the activities or services provided by these website. Under no circumstances shall The Foundation be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external website.
Third Party Rights
This Agreement is for the benefit of The Foundation, other affiliates, and third-party licensors, each of which shall have the right to enforce and assert the terms and conditions of this Agreement directly against you on its behalf.
The Foundation reserves the right to amend this Agreement at any time in its sole discretion and without notice. Changes, revisions or deletions with regard to this Agreement shall be effective immediately upon its inclusion in, or deletion from, this Agreement and the posting of the same in this Agreement on jimmoranfoundation.org.
You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. Your continued access to and use of jimmoranfoundation.org following the posting of any such changes shall automatically be deemed your acceptance of the same.
Remedies & Disputes
You acknowledge that The Foundation may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, The Foundation shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement.
You agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach, or any other action or proceeding related to your use of jimmoranfoundation.org or this Agreement (whether brought by you or The Foundation), shall be brought in the courts of record of Broward County, Florida, or the United States District Court, Southern District of Florida. You consent to the jurisdiction of such court and waive any objection to the setting of the venue of any such action or proceeding in such court. You agree that service of any court paper may be effected by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
This Agreement is to be governed by and construed in accordance with the internal laws of the State of Florida, without regard to principles of conflicts of laws.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.
All covenants, agreements, representations and warranties made in this Agreement, as may be amended by The Foundation from time to time, shall survive your acceptance of this Agreement.
No Representations or Warranties Regarding Content
THE CONTENT IS BEING PROVIDED TO YOU ON AN "AS-IS" BASIS. THE FOUNDATION DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT, NOR THE SAFETY, RELIABILITY, TITLE, MERCHANTABILITY, CONFORMITY OR FITNESS OR A PARTICULAR PURPOSE OF THE CONTENT.
THE FOUNDATION MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT ANY CONTENT AVAILABLE FOR DOWNLOADING FROM JIMMORANFOUNDATION.ORG IS FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS OF ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, PERKS, OFFERS OR OTHER INFORMATION OR CONTENT ON JIMMORANFOUNDATION.ORG.
If you have any questions, comments or concerns about this Agreement, please contact us at firstname.lastname@example.org.