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TechSoup Global Privacy Policy

Last modified: January 16, 2019

Thank you for being part of the TechSoup community.

This Privacy Policy describes the types of information we may collect from you and our practices for collecting, using, protecting, and disclosing that information (including personal information) when you visit the Site, or access or use our products and services. This Privacy Policy is intended to solely govern the specific website(s) it is posted on, unless otherwise noted. TechSoup owns and/or controls ancillary programs that may require their own Privacy Policy.

If you see an undefined term in this Privacy Policy (such as "Site" or "Account"), it has the same definition as in our Terms of Use. When this policy mentions "TechSoup," "we," "us," or "our," it's referring to TechSoup Global.

Please read this policy carefully to understand our practices regarding your information. If you do not agree with our practices or this Privacy Policy, do not use the Site. By accessing or using this Site, you agree to this Privacy Policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this Site after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

The Site is not intended for children under 18 years of age. No one under age 18 may provide any information to or on the Site. We do not knowingly collect personal information from children under 18. If you are under 18, do not: (i) use this Site or any of its features, (ii) register on the Site, (iii) make any purchases through the Site, (iv) use any of the interactive or public comment features of this Site, or (v) provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 18, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at privacy@techsoup.org.

1. INFORMATION WE COLLECT

There are three general categories of information we collect.

1.1 Information You Give to Us (both necessary and optional).

1.1.1 Information necessary for the use of certain features on the Site.

When you use the Site and access these features, you are entering into a contract with TechSoup and we collect the information necessary for the adequate performance of that contract. The necessary information also allows us to comply with our legal obligations. Without it, we may not be able to provide you with these features. Examples of necessary information include, but are not limited to:

1.1.2 Information you choose to give us (collected with your consent).

While not required, you may choose to provide us with additional information for a better user experience when using the Site. This additional information will be processed based on your consent and includes but is not limited to:

1.2 Information We Automatically Collect from Your Use of the Site.

When you use the Site, we automatically collect information, including personal information, about the services you use and how you use them. This information is necessary to comply with our legal obligations and also is necessary given our legitimate interest in providing and improving the functionality of the Site.

1.3 Information We Obtain from Third Parties.

We may obtain information from other sources (including but not limited to our affiliates and global partners) and combine that with information we collect through the Site. We do not control or supervise how the third parties providing your information process your personal data, and any information request regarding the disclosure of your personal information to us from third parties should be directed to such third parties.

2. HOW WE USE INFORMATION WE COLLECT

We use, store, and process information, including personal information, about you to provide and improve the Site, and also to comply with our legal obligations.

2.1 Provide and Improve the Site.

We process this information given our legitimate interest in improving the Site and our users' experience with it, and where it is necessary for the performance of the contract with you and/or a legal obligation. You can opt out of receiving communications from us by following the unsubscribe instructions included in our marketing communications or changing your notification settings within your TechSoup Account.

2.2 Comply with Our Legal Obligations.

We process this information given our legitimate interest and legal obligation to protect the Site, to measure the adequate performance of our contract with you, and to comply with applicable laws. TechSoup may process your information if it is necessary for legitimate interests, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data.

3. SHARING & DISCLOSURE

We will only share your information if and to the extent one of the following applies:

3.1 With Your Consent.

Where you have provided consent, we share your information, including personal information, as described at the time of consent. If you participate in promotional activities conducted by TechSoup partners or third parties we may also share information if you have provided us with prior consent to do so.

3.2. Profiles and Other Public Information.

The Site lets you publish information (including personal information) that is visible to the general public. For example:

Information you share publicly on the Site may be indexed through third party search engines. If you change your public-facing content, these search engines may not update their databases. We do not control the practices of third party search engines, and they may use caches containing your outdated information.

3.3 Compliance with Law, Responding to Legal Requests, Preventing Harm, and Protection of Our Rights.

TechSoup may disclose your information, including personal information, to courts, law enforcement or governmental authorities, or authorized third parties, if and to the extent we are required or permitted to do so by law or if such disclosure is reasonably necessary: (i) comply with our legal obligations, (ii) to comply with legal process and to respond to claims asserted against TechSoup, (iii) to respond to verified requests relating to a criminal investigation or alleged or suspected illegal activity or any other activity that may expose us, you, or any other of our users to legal liability, (iv) to enforce and administer our Terms of Use or other agreements with our users, or (v) to protect the rights, property or personal safety of TechSoup, its employees, its users, customers or members of the public.

Where appropriate, we may notify users about legal requests unless: (i) providing notice is prohibited by the legal process itself, by court order we receive, or by applicable law, or (ii) we believe that providing notice would be futile, ineffective, create a risk of injury or bodily harm to an individual or group, or create or increase a risk of fraud upon TechSoup's property, its users and customers and the Site. In instances where we comply with legal requests without notice for these reasons, we will attempt to notify that user about the request after the fact where appropriate and where we determine in good faith that we are no longer prevented from doing so.

3.4 Third Party Companies.

TechSoup Global enters into contracts with third party companies to provide donations to TechSoup users or to offer their products and/or services on the Site ("Third Party Companies"). TechSoup will share your account information with Third Party Companies when you request donations or purchase products and/or services from such Third Party Companies. TechSoup needs to share your account information with a Third Party Company, including your personal information, to implement a contract between you and the Third Party Company, and your account information will be processed according to the privacy policy of such Third Party Company.

3.5 Service Providers.

Since TechSoup is a global network, it conducts activities globally. In doing so, TechSoup uses a variety of third parties to help us provide services related to the Site. Service providers may be located inside or outside of the European Economic Area ("EEA"). The EEA unites the EU Member States and the three EEA EFTA States (Iceland, Liechtenstein, and Norway) into a market governed by the same basic rules (such as GDPR).

For example, service providers may help us: (i) verify your identity or authenticate your identification documents, (ii) check information against public databases, (iii) conduct background or police checks, fraud prevention, and risk assessment, (iv) perform product development, maintenance and debugging, (v) allow the provision of the TechSoup Services through third party platforms and software tools (e.g., through the integration with our APIs), or (vi) provide customer service, advertising, or payments services. These providers have limited access to your information to perform these tasks on our behalf, and are contractually bound to protect and to use it only for the purposes for which it was disclosed and consistent with this Privacy Policy.

If TechSoup needs to share your information, including personal information, with a service provider, in order to ensure the adequate performance of our contract with you, we are permitted to do so.

3.6 Business Transfers.

If TechSoup Global undertakes or is involved in any merger, acquisition, reorganization, sale of assets, bankruptcy, or insolvency event, then we may sell, transfer or share some or all of our assets, including your information in connection with such transaction or in contemplation of such transaction (e.g., due diligence). In this event, TechSoup Global will notify you before your personal information is transferred and becomes subject to a different privacy policy.

3.7 Aggregated Data.

We may also share aggregated information (information about our users that we combine together so that it no longer identifies or references an individual user) and other anonymized information for regulatory compliance, industry and market analysis, insights about the sector, demographic profiling, marketing and advertising, and other business purposes. We may share this aggregated data with the public.

4. THIRD PARTY PARTNERS & INTEGRATIONS

The Site may contain links to third party websites or services, such as third party integrations, co-branded services, or third party-branded services ("Third Party Partners"). TechSoup doesn't own or control these Third Party Partners and when you interact with them, you may be providing information directly to the Third Party Partner, TechSoup, or both. These Third Party Partners will have their own rules about the collection, use, and disclosure of information. We encourage you to review the privacy policies of any Third Party Partner you interact with.

5. YOUR RIGHTS

You may exercise any of the rights described in this section by sending an email to privacy@techsoup.org. Please note that we may ask you to verify your identity before taking further action on your request.

5.1 Managing Your Information.

You may access and update some of your information through your Account settings. You are responsible for keeping your personal information up-to-date.

5.2 Rectification of Inaccurate or Incomplete Information.

You have the right to ask us to correct inaccurate or incomplete personal information concerning you (and which you cannot update yourself within your TechSoup Account).

5.3 Data Access and Portability.

In some jurisdictions, applicable law may entitle you to request copies of your personal information held by us. You may also be entitled to request copies of personal information that you have provided to us in a structured, commonly used, and machine-readable format and/or request us to transmit this information to another service provider (where technically feasible).

5.4 Data Retention and Erasure.

We generally retain your personal information for as long as is necessary for the performance of the contract between you and us and to comply with our legal obligations. If you no longer want us to use your information to provide the Site to you, you can request that we erase your personal information and close your TechSoup Account. Please note that if you request the erasure of your personal information:

5.5 Withdrawing Consent and Restriction of Processing.

Where you have expressly provided your consent to the processing of your personal information by TechSoup you may withdraw your consent at any time by changing your Account settings or by sending a communication to TechSoup specifying which consent you are withdrawing. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal. Additionally, in some jurisdictions, applicable law may give you the right to limit the ways in which we use your personal information, in particular where (i) you contest the accuracy of your personal information; (ii) the processing is unlawful and you oppose the erasure of your personal information; (iii) we no longer need your personal information for the purposes of the processing, but you require the information for the establishment, exercise or defense of legal claims; or (iv) you have objected to the processing pursuant to Section 5.6 and pending the verification whether the legitimate grounds of TechSoup override your own.

5.6 Objection to Processing.

In some jurisdictions, applicable law may permit you to legally object to TechSoup's processing. In these instances, you may require TechSoup not to process your personal information for specific purposes (including profiling) where such processing is based on legitimate interest. If you object to such processing TechSoup will no longer process your personal information for these purposes unless we can demonstrate a legal basis for doing so or such processing is required for the establishment, exercise or defense of legal claims.

At any time, regardless of applicable law, you may object to us processing your personal information for direct marketing purposes. You may, at any time, ask TechSoup to cease processing your data for these direct marketing purposes by sending an e-mail to privacy@techsoup.org.

5.7 Lodging Complaints.

With respect to GDPR, you have the right to submit complaints about the data processing activities carried out by TechSoup before Information Commissioner's Office in the UK; for complaints unrelated to GDPR, nothing in this Privacy Policy is intended to limit your right to file a complaint in the appropriate jurisdiction.

6. OPERATING GLOBALLY

To facilitate our global operations TechSoup may transfer, store, and process your information within our family of public benefit organizations or with service providers based in Europe, India, Asia Pacific and North and South America. Laws in these countries may differ from the laws applicable to your Country of Residence. For example, information collected within the EEA may be transferred, stored, and processed outside of the EEA for the purposes and bases described in this Privacy Policy. Where we transfer store, and process your personal information outside of the EEA we have ensured that appropriate safeguards are in place to ensure an adequate level of data protection.

6.1 EU Model Clauses.

If your information is shared with corporate affiliates or third party companies or service providers outside the EEA, we have, prior to sharing your information with such corporate affiliate or third party company or service provider, established the necessary means to ensure an adequate level of data protection. This agreement may incorporate the basis of the EU Model Clauses (a set of clauses issued by the European Commission).

6.2 Your California Privacy Rights.

California law permits users and customers who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those third parties. See the "Contact Us" section for where to send such requests. TechSoup does not share personal information with third parties for its own direct marketing purposes without your prior consent. Accordingly, you can prevent disclosure of your personal information to third parties for direct marketing purposes by withholding consent.

7. SECURITY

We are continuously implementing and updating administrative, technical, and physical security measures to help protect your information against unauthorized access, loss, destruction, or alteration. Some of the safeguards we use to protect your information are firewalls and data encryption, and information access controls.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone and to keep said password(s) in a secure location. If you know or have reason to believe that your TechSoup Account credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your TechSoup Account, please contact us following the instructions in the Contact Us section below.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information and data transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.

8. CHANGES TO THIS PRIVACY POLICY

TechSoup reserves the right to modify this Privacy Policy at any time in accordance with this provision. If we make changes to this Privacy Policy, we will post the revised Privacy Policy on the Site and update the "Last Updated" date at the top of this Privacy Policy. We will also provide you with notice of the modification by email at least thirty (30) days before the date the changes become effective. If you disagree with the revised Privacy Policy, you may cancel your Account. If you do not cancel your Account before the date the revised Privacy Policy becomes effective, your continued access to or use of the Site will be subject to the revised Privacy Policy.

9. CONTACT US

If you have any feedback about this Privacy Policy or TechSoup's information handling practices, you may email us at: privacy@techsoup.org or contact us at: TechSoup Global, Legal Department, 435 Brannan Street, Suite 100, San Francisco, CA 94107. We welcome your feedback!