Nova Vita Foundation
terms of service
Welcome to Nova Vita Foundation.
By using the Services, you agree to the Policies; and if you are using the Services on behalf of a business entity, then you agree to the Policies on behalf of yourself and such entity. If you do not agree with the Policies, then do not use the Services. You may not use the Services: if you are under 13; if we have restricted or terminated your use of the Services; or if your use of the Services will violate another contract.
We may amend the Policies or any part thereof at any time by providing advanced notice to you on the website or through another communication channel. Your continued use after we provide the notice constitutes consent to the amendment(s) by you and your business entity, if applicable. If you do not agree to the amendment(s), then do not continue using the Services.
THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.
These Terms of Services include 6 parts:
1. Use of the services
2. Content and intellectual property
3. Donations made to us
4. Disclaimers; limitations of liability; and indemnification
1. USE OF THE SERVICES
We will use commercially reasonable efforts to ensure the Services are up and running, but we are not liable for any time during which the Services may be down. We may also modify, change, or remove parts or all of the Services at any time. We may also provide links to other websites and services, and if you use such other websites or services, you do so at your own risk. We are not responsible for such other sites or services.
You may not do anything through the Services that is illegal or that diminishes the purposes of our organization or that will harm the Services, including using bots or other automated systems. You may not use the Services to perform fundraising for other organizations.
In order to protect the privacy of children participating in our programs, you may not use the Services to share or otherwise communicate any child’s last name, health information or other personally identifiable information about such child, including anything that would reveal a child’s specific location within a country other than such child’s city and country.
In order to protect our children, their families and our sponsorship communities, please use caution when sharing any videos, photos, films or similar materials. These materials are intended to be used for educational purposes and to promote Nova Vita Foundation programs while protecting the dignity of the people we serve. Use of these materials for commercial purposes or for promotion of any activity other than Nova Vita Foundation programs is not authorized without prior permission from Nova Vita Foundation.
Accounts and social centers
We also allow certain account holders to activate “Social Centers” using the Services. If you activate your Social Center, then additional information about you, including content you supply, may be discoverable to other Social Center users. We may terminate your Social Center access at any time for any reason.
2. CONTENT AND INTELLECTUAL PROPERTY
Users of the Services may submit to us content including text, stories, photos, videos and other content. By submitting such content you represent and warrant that: you own such content and the intellectual property to the same; you have the right to submit the same to us for our use; and you thereby grant us an irrevocable, worldwide, perpetual, sub-licensable, royalty-free, license to use the same, including the right to reproduce, prepare derivative works from, distribute, display and perform the same, for any reason, with or without attribution. We will use reasonable efforts to notify you in advance if we desire to use your content on our blog; however, the license you have granted to us gives us the right to use it without such notice. Unfortunately, due to the nature of the Internet, we cannot guarantee that other users of the website or Services that have access to the content you share will not use such content in a way that might violate your rights and we disclaim all liability for such uses by other users.
Your termination of your use of the website and/or the Services, or any portion thereof, does not terminate the above described license. Further, you may request that we remove your content from our systems but we may not be able to do so, and we are not obligated to do so. We also have no obligation to retain any of your content.
Intellectual property rights
All of the content on the website and all of the software and website design/code is owned by us, licensed to us, or likely owned by another individual or entity and all of the same may be protected by copyright, trademark, patent or other intellectual property laws. Your use of the Services does not grant any rights to you other than the right to use the Services for its intended purpose.
We respect the copyrights of others. Please refer to our Copyright Policy if you have any concerns regarding copyrights in or to the content on our website.
3. DONATIONS MADE TO US
We offer certain users of the website the ability to make donations to us. If you elect to use the Services to make a donation to us, we may ask for certain personally identifiable information, including payment information. We may also have additional rules and policies regarding the same and all donations are subject to such other rules and policies.
We greatly appreciate your donations and thank you for your generosity.
4. DISCLAIMERS; LIMITATIONS; AND INDEMNIFICATION
The website and Services are offered on an “AS IS” and “AS AVAILABLE” basis and subject to the following disclaimers and limitations. We do not control or vet user-generated content on the site. We do not provide any express warranties or representations and disclaim any and all imputed warranties and representations, including all warranties of merchantability, fitness for a particular purpose, title, accuracy of data and noninfringement. We disclaim all liability for identity theft and other misuse of your identity or other content. We do not make any guarantees regarding the operation of the website and Services, portions or all of which may be unavailable at times or terminated permanently.
Except as expressly provided in another contract between you and us, your sole remedy for dissatisfaction with the website or Services is to terminate your account. Neither us nor any of our subsidiaries, affiliated companies or the owners, members, directors, officers, employees, contractors or agents of any of the same (“Affiliates”) shall be cumulatively liable for any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Services, any platform applications or any of the content or other materials on, accessed through or downloaded through the Services. This limitation of liability shall apply regardless of whether you base your claim on contract, tort, statute or any other legal theory; we knew or should have known about the possibility of such damages; or the limited remedies provided in this section fail of their essential purpose.
You shall save, indemnify, and hold us and our Affiliates harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees) related to all third-party claims, charges and investigations caused by your failure to comply with the Policies, including without limitation, your submission of content that violates third-party rights or applicable laws and any activity in which you engage on or through the Services.
You agree that any dispute or claim that you may have that is related to the website or your use of the Services shall be resolved by binding arbitration rather than in court (arbitration does not involve a judge or jury and court review of arbitration awards is limited). If you have a claim, you should send a letter requesting arbitration and describing your claim to our registered agent in California.
The rules of the American Arbitration Association shall apply to the arbitration, but we are not required to use such association to conduct the actual arbitration. You agree that disputes and claims will be conducted and resolved on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds to a court, then we each waive any right we may have to a jury trial.
Notwithstanding the above, we may bring suit in a court to enjoin infringement or misuse of intellectual property or confidential information.
You may only terminate this agreement with us by suspending your use of the website and Services and delivering written notice to us of your termination. However, you will remain liable for any damage you caused or may later cause to us, the website or the Services.
We may terminate this agreement with you, or any portion thereof, or any access to the website or Services or any portion thereof, for any reason or no reason, at any time, with or without notice to you. Such termination may be immediate or may be at a future date. We may also restrict or prohibit future use of the website and Services by you.
Upon termination of this agreement, you shall immediately cease using the website and the Services.
This agreement and all of our policies are governed by and construed in accordance with the laws of the State of California, United States of America, without giving effect to the principles of conflict of laws of such state, and applicable U.S. federal law.
Except as otherwise required, all notices and communications that you may send communications to us via email at firstname.lastname@example.org.
We may assign the Policies to any third-party and all covenants and agreements hereunder will inure to the benefit of and be enforceable by said successors or assigns. You may not assign your rights or obligations under the Policies without our prior and expressed written consent.
The failure or delay by us to exercise any right or remedy set forth in the Policies will not operate as a waiver thereof. The waiver by us of a breach of any provision hereof will not operate as a waiver of any subsequent breach. No waiver by us will be effective unless and until it is in written form and signed by us.
Effective Date: March 12, 2020
1. PERSONAL DATA WE COLLECT AND HOW WE USE IT (INCLUDING PURPOSES AND LEGAL BASIS FOR PROCESSING)
Like most websites, when you visit our Site, we collect information about your use of our Site through actions you take, including, but not limited to, clicking on links and buttons, searching our Site and submitting content.
• Personal data that is processed when you donate through our site
When you donate money, we collect and store your payment information, which may include credit and debit card data, including account number, account type and account holder name. For electronic ACH (Automated Clearing House) payments, routing number and account number (which is encrypted) will be stored.
Safeguarding your personal information is very important to us and the vendors we use to process electronic payments. The credit card processors and the banks they work with have developed PCI payment and security standards, which are called PCI Standards. We meet those PCI Standards for electronic and physical protection of personal identity information; that means we are PCI compliant. We employ electronic security tools to monitor, scan and test our systems to protect against unauthenticated electronic access to data. We use SSL encryption on all website connections; we follow strict guidelines around password protection; we use secure firewalls to prevent unauthorized outside access to our servers, which are tested annually by a third-party security vendor. In addition, we strictly restrict physical access to our servers and personal data storage areas. We also conduct comprehensive security assessments no less frequently than annually.
We use third-party electronic payment vendors to process payment card and ACH data, as well as other personal data required to authenticate certain online payments when contributions are made. Those vendors are also required to comply with the PCI Standards by us and by the banks they work with.
• Purposes and legal grounds:
o Payment processing. When you provide donations via credit card or debit card, Zelle, Venmo or ACH, Nova Vita Foundation will transfer your payment data (e.g., payment card data, account type, account holder name) and billing details, including recurring payment schedule if applicable, to third-party electronic payment vendors (also known as payment gateways) that process electronic payment data so that you may pay for such services. For all such payments, Nova Vita Foundation only transfers payment data through protected servers.
We process your payment data in order to effect payment necessary for the performance of a contract between Nova Vita Foundation and our child sponsors and donors.
• Usage data automatically collected through cookies and tracking technologies data
Data collected through our cookies. Like most websites, we automatically collect usage data (such as your IP address and browser details) when you interact online with our Site through cookies and other types of data files (such as web beacons and similar tracking technologies). Cookies allow us to identify your computer or other electronic device, your location (if location services are enabled), the type of device you are using, and other information relating to your Site usage. We use this information to improve our Site and offerings, and to enhance your experience on the Site.
Data collected through third-party cookies. When you visit our Site, cookies also may be placed on your computer or device by third-party services that are integrated into our Site. For example, third-party cookies are used by Google Universal Analytics for purposes of tracking our Site traffic. This allows us to better understand how our users use our Site across devices. These cookies collect certain data (such as your IP address, the type of browser and/or operating system you use, time and date, and information relating to the content you are viewing) when you visit our Site. These third parties also may use such cookie data in order to provide advertisements to you about our events, programs, and giving opportunities that are anticipated to be of interest to you.
Cookie consent. If you are in the European Union or another country that requires obtaining your consent before processing your cookie and other usage data, we will seek your consent before doing so and will process your personal data based on your consent. You may withdraw your consent at any time by following the instructions in the next section.
Your control of cookies. Most web browsers allow users some control of most cookies through browser settings. To find out more about cookies, including how to see what cookies have been set, visit www.aboutcookies.org or www.allaboutcookies.org.
Find out how to manage cookies on popular browsers:
- Google Chrome
- Microsoft Edge
- Mozilla Firefox
- Microsoft Internet Explorer
- Apple Safari
To find information relating to other browsers, visit the browser developer’s website.
To opt out of being tracked by Google Analytics across all websites, visit http://tools.google.com/dlpage/gaoptout.
- Personal data that is processed for legal purposes
We may need to disclose your information, including your personal data, when required by subpoena or other legal process, or if we have a good faith belief that disclosure is necessary to protect the children we sponsor, to protect our legal rights, or for any other valid legal purpose.
- Purposes and legal grounds: We process this information because of our legitimate interest in meeting our legal obligations and protecting our legal interests.
- Personal data obtained from third parties
We may combine the personal data that is obtained through this Site with other personal data (e.g., demographic information) that we have collected online and offline, including data from third party sources.
2. THIRD PARTIES WITH WHICH WE SHARE PERSONAL DATA
We share your personal data with the following types of third parties under the following circumstances:
• Third-party electronic payment vendors. We use third-party electronic payment vendors to process payment card and ACH data, as well as other personal data required to authenticate certain online payments when contributions are made.
• Governmental entities and third parties. We may disclose personal data about you to governmental entities, such as regulatory agencies, law enforcement and judicial authorities, including to meet national security or law enforcement requirements, as well as other third parties under any of the following conditions: (a) if we have your valid consent to do so; (b) to comply with a valid subpoena, legal order, court order, search warrant, legal process, or other legal obligation; (c) to enforce any of our terms and conditions or policies; (d) as necessary in the case of emergencies or internal security matters; or (e) as necessary to pursue available legal remedies or defend legal claims.
• Other site users: Unless you designate your profile as private, the basic information on your profile (for instance, your name and photo) will be available to other users of the Site. Additionally, if you provide any additional content to your Social Center, such as photos, text and other works, such content will be available to other users of the Social Center. And, of course, any communications you send and receive using your Nova Vita Foundation account will be shared with those persons to whom they are sent.
3. RETENTION OF PERSONAL DATA
4. CROSS-BORDER TRANSFERS OF PERSONAL DATA
Our Site is hosted in the United States, and is governed by United States law. If you are visiting our Site from outside the United States, your personal data will be transferred to, stored and processed in the United States where our Site platform is located. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. For example, personal data transferred to the United States may be subject to lawful access requests by federal and state authorities in the United States.
5. DATA SUBJECT RIGHTS
• Right to object to processing
If you reside in the European Union, you have a right to object to the processing of your personal data for direct marketing purposes, including profiling related to direct marketing. “Profiling” means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a data subject, such as when we provide you with a specific type of direct marketing information based on information you provided us when you signed up for a Nova Vita Foundation account. If you exercise your right to object to processing for direct marketing purposes, including profiling related to direct marketing, we will no longer process your personal data for such purposes.
Additionally, if you reside in the European Union, you have a right to object when we process your personal data based on the legitimate interests of Nova Vita Foundation or a third party. If you exercise your right to object where our processing or sharing of your personal data is based on legitimate interests, that may result in the cancellation of your account. Nova Vita Foundation will no longer process or share the personal data covered by your objection unless Nova Vita Foundation has compelling legitimate grounds for the processing or sharing that override your objection or that relate to the establishment, exercise or defense of legal claims.
• Online tracking
Nova Vita Foundation does not track our users over time and across third-party websites and online services (e.g., mobile apps), and therefore does not respond to Do Not Track (DNT) signals. However, some third-party sites and apps may track your browsing activities when they provide you content, which enables them to tailor what they present to you. Third parties may collect personal data relating to your online activities over time and across different websites and apps when you use our Site.
6. INFORMATION SECURITY
We implement appropriate technical and organizational measures designed to assist in maintaining the security and confidentiality of personal data; safeguarding against anticipated threats to the confidentiality, integrity, and availability of personal data; and protecting your personal data against accidental or unlawful destruction, loss, alteration, and unauthorized disclosure or access. We also regularly audit our systems for possible vulnerabilities and attacks. With respect to payment card information, our technical and organizational measures include all applicable security requirements in accordance with the Payment Card Industry Data Security Standard.
However, whenever personal data is processed, there is a risk that such data could be lost, misused, modified, hacked, breached and/or otherwise accessed by an unauthorized third party. No system or online transmission of data is completely secure. In addition to the technical and organizational measures that Nova Vita Foundation has in place to protect your personal data, you should use appropriate security measures to protect your personal data, including protecting the security of your log in information and credentials. If you believe that your Nova Vita Foundation account or any information you provided to us is no longer secure, notify us immediately.
7. DATA CONTROLLER CONTACT INFORMATION
Your personal data collected through our Site is controlled by Nova Vita Foundation, which is located at 2000 East Red Bridge Road, Kansas City, MO, 64131, USA.
We will provide notice to you if these changes are material and, where required by applicable law, we will obtain your consent. Such notice will be provided on our Site.
Nova Vita Foundation donor privacy statement
Last Updated: February 28, 2020
Nova Vita Foundation is committed to protecting our donors’ privacy. Our donors expect that we will use their support wisely. They also place their trust in us concerning the personal information that they may share with their gifts. We value our donors’ trust and we recognize that maintaining this trust requires us to be transparent and accountable to our supporters and the public. An organization that deals with individuals and information about individuals in its daily operations and fundraising activities must secure that information.
We maintain all records of donations to Nova Vita Foundation according to the applicable standards for record retention in effect at the time of the donation. All records are maintained in a secure location.
Nova Vita Foundation uses the information it collects for its own purposes. We do not share or sell donor’s information, except we may share information with partners to perform work on our behalf. Our partners do not share or sell any information received from us and only use this information to provide their services. This applies to all donor information, received online and offline.
We will not send mailings to our donors on behalf of other organizations. In exceptional circumstances, we may be required to disclose information due to a legal requirement, for grant applications and to prevent unauthorized bank credit or debit card transactions.