Terms of Service
Last Updated: January 21, 2021
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.
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 survivors and families participating in our programs, you may not use the Services to share or otherwise communicate any survivor’s or family’s last name, or other personally identifiable information about such person, including anything that would reveal a person’s specific location within a country other than such person’s city and country.
In order to protect our survivors, their families and our 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 BTSADV 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 BTSADV programs is not authorized without prior permission from BTSADV.
Accounts and Angel Pages
Terms specific to “Angel Pages”
If you use “Angel Pages,” then for the benefit of all, you agree to these additional terms specific to “Angel Pages”:
- You may choose to upload your own photographs to your Angel Pages but you shall adhere to strict guidelines regarding online decency; you shall not submit or upload any photos or other content that is questionable; and you accept full responsibility for any photos or other content you submit of questionable content.
- You shall keep all discourse civil (no name-calling, no foul language, no personal attacks, etc.).
- If you have any doubt about whether something should be posted, contact us privately.
- Do not post anyone’s email address without their prior consent (our staff members, fellow group members, etc.).
- We welcome members of fellow humanitarian organizations to use the Services and the Angel Pages; however, such members shall not use the Services for fundraising or soliciting for other organizations.
- These “Angel Pages” specific terms are in addition to all other terms in the Policies.
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.
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.
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 [email protected]
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.
Except as otherwise required, all notices and communications that you may send to us shall be sent to us, with all expenses prepaid, at the following address: Break The Silence Against Domestic Violence; 530 Communications Circle, Colorado Springs, CO 80905. You may send informal communications to us via email at [email protected].
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.
Last Updated: January 21, 2021
PERSONAL DATA WE COLLECT AND HOW WE USE IT (INCLUDING PURPOSES AND LEGAL BASIS FOR PROCESSING)
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 communicate with us.
When you interact with us via email, telephone, online, chat, social media outlets and written communications or otherwise, we may collect personal data, including, without limitation, your name, phone number, email address and language preferences, as well as information pertaining to the issue with which you are communicating with us.
If you provide us with contact information (e.g., email address, home address, phone number), we may use that contact information to communicate with you using various means, including by email, text messages, online chats, written communications and telephone calls. If you provide us with your telephone number, we may contact you via telephone about your support, your submissions, and other matters related to BTSADV programs.
We also may create event logs that we use to diagnose Site performance issues and to capture information relating to the Site or service issue.
Personal data that is processed when you create and send a submission through our site or otherwise seek access to BTSADV services and information.
When you create and send a submission or donation through our Site or otherwise seek access to our Services and information, we collect personal data, including your name, phone number, street address, email address, demographic information (e.g. birthday, gender, marital status), language preference, credit card and other payment information, your contacts with us (including any Site content and photos you provide), and others via our Site services, as well as information about your giving history.
Purposes and legal grounds:
- Providing you with account information. We also process your contact information for the purpose of sending you information about our related services. The name you provide is associated with your account profile. We process your contact information for these purposes because of our legitimate interest in providing you with information about BTSADV donations, and our related services.
- Providing you with requested information. If you choose to sign up for our emails or any other communications from us, we will use your contact information for the purposes of sending you the information you have requested. We process your contact information for this purpose because of our legitimate interest in providing you with the information for which you signed up.
- Providing you with information concerning BTSADVl in general and donation opportunities. BTSADV and our trusted third-party service providers also may use your email address, telephone number and other contact information for the purpose of sending you surveys and providing you with communications concerning donation and fundraising opportunities, and sponsor and supporter community activities and networking opportunities.
We process your email address and other contact information for this purpose because of our legitimate interest in sending marketing communications relating to donation opportunities.
Where and as required by law, we will provide you with the opportunity to either opt in or opt out of receiving any such communications from BTSADV at the time we collect your contact information. If you do not initially opt out of receiving marketing communications, but subsequently decide that you no longer wish to receive marketing communications from BTSADV, you will have the opportunity to opt out from receiving marketing communications from BTSADV at any time by clicking the preferences or unsubscribe link provided at the bottom of our marketing emails or by contacting us to adjust your communication preferences.
The communications you receive from BTSADV may be based on information that you provide to us when you sign up for a BTSADV newsletter or program. The reason for processing your personal data for this purpose is because of our legitimate interest in providing our current and potential survivors, legacy families, and donors with information they have requested and with electronic marketing communications that are likely to be of interest to them.
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. We use SSL encryption on all website connections; we follow strict guidelines around password protection.
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.
Purposes and legal grounds:
- Payment processing. When you provide donations via credit card or debit card or ACH, that information is provided directly 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, BTSADV only transfers payment data through protected servers.
Personal data that is processed concerning volunteer or scholarship applicants
If you send us your résumé (or equivalent), via email or otherwise, to apply for an open position at BTSADV, we may collect a variety of personal data, including your name, mailing address, email address, phone number, work experience, education history, references, information about your applicable degrees, licenses and certifications.
- Purposes and legal grounds: We process this information for the purpose of permitting you to be considered for positions that BTSADV is seeking to fill. This information is processed in support of our legitimate interest in analyzing résumé information in connection with identifying qualified candidates to fill positions at BTSADV.
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 survivors we serve, 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.
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 a Survivor or Angel Story submission as Anonymous, the basic information provided (for instance, your name and photo, if any) will be available to other users of the Site. Additionally, if you provide any additional content to your Angel Page, such as photos, text and other works, such content will be available to other users of https://angels.breakthesilencedv.org.
RETENTION OF PERSONAL DATA
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.
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. 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 BTSADV 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 submission. BTSADV will no longer process or share the personal data covered by your objection unless BTSADV 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.
If you live in the European Union and wish to exercise your right to object, please contact BTSADV by emailing [email protected] or by writing to Break The Silence Against Domestic Violence, 530 Communications Circle, Colorado Springs, CO 80905, USA.
If you reside outside of the European Union, you may have a similar right to object under your local laws. If you do not live in the European Union but you think you have a right to object under your local laws, please contact BTSADV by emailing [email protected] or by writing to Break The Silence Against Domestic Violence, 530 Communications Circle, Colorado Springs, CO 80905, USA.
Other data subject rights
If you reside in the European Union, you may also, under certain circumstances specified within the General Data Protection Regulation (GDPR), have the right to request access to and rectification or erasure of your personal data, data portability, restriction of processing of your personal data, and the right to lodge a complaint with a supervisory authority.
If you live in the European Union, and if you wish to exercise any of these rights, please contact BTSADV by emailing [email protected] or by writing to Break The Silence Against Domestic Violence, 530 Communications Circle, Colorado Springs, CO 80905, USA. For more information on lodging a complaint, you should contact your local data protection authority in the European Economic Area (EEA).
If you reside outside of the European Union, you may have similar rights under your local laws. If you wish to exercise any available data subject rights, please contact BTSADV by emailing [email protected] or by writing to Break The Silence Against Domestic Violence, 530 Communications Circle, Colorado Springs, CO 80905, USA.
BTSADV 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.
Request for California privacy information
Under California’s “Shine the Light” law, a part of California’s Consumer Records Act, BTSADV customers who are California residents may request, once per calendar year, information regarding the types of customer information shared by BTSADV with third parties for their direct marketing purposes, during the previous calendar year, and the identities of those third parties. To request this information, California customers may send an email to [email protected] with “Request for California Privacy Information” in the subject line.
California notice for minors
BTSADV does not collect personal information on minors under 13 years of age.
Under California’s “Privacy Rights for California Minors in the Digital World,” if you are a California resident under the age of 18, you have the right to remove or request and obtain removal of certain content that you have publicly posted on our Site. There may be circumstances under which the law does not require or permit removal even if requested. Additionally, complete or comprehensive removal of content or information posted our Site cannot be ensured. If you are a California minor wanting to request removal, please send an email detailing the specific information you would like removed to [email protected].
Please note that we may ask you to verify your identity before responding to any such requests.
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.
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 BTSADV has in place to protect your personal data, you should use appropriate security measures to protect your personal data.
DATA CONTROLLER CONTACT INFORMATION
Your personal data collected through our Site is controlled by Break The Silence Against Domestic Violence, which is located at 530 Communications Circle, Colorado Springs, CO 80905, 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.
Last Updated: January 21, 2021
BTSADV 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 BTSADV according to the applicable standards for record retention in effect at the time of the donation. All records are maintained in a secure location.
BTSADV 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.