Our commitment to privacy: Free The Children knows that protecting the privacy and confidentiality of your personal information is important to our friends and supporters. Collection, use and disclosure of personal information by Free The Children and its affiliates are governed by the Personal Information Protection and Terms of Service (TOS), and any applicable provincial legislation. The Terms of Service explains what personal information is collected from its customers and how it is used. It also explains how you can ask questions, make suggestions, and address concerns about our privacy practices. This Privacy Code applies to personal information (see below) collected by Free The Children, including its websites. Be aware that our websites may contain links to other websites provided and maintained exclusively by third parties not subject to this Privacy Code. Please review the privacy policies on any external websites to determine their information handling practices.
What is personal information? Personal information is any information about an identifiable individual. Personal information does not include the name, title, business address or telephone number of an employee of an organization, as can be found listed on a business or organization web page. Information used solely for journalistic purposes is exempted from the Act.
Children: If you are under 18, please obtain your parent or guardian’s permission before you send any personal information to Free The Children, or anyone else, over the Internet. We sincerely encourage parent or guardian participation and understanding of their children’s online usage and to be aware of the activities in which they are participating.
Free The Children’s Terms of Service
Terms of Service (“TOS”)
1. Acceptance of Terms
Welcome to Free The Children, an international charity and educational partner. Free The Children provides its service to you, subject to the following Terms of Service (“TOS”), which may be updated by us without notice to you. You can review the most current version of the TOS at any time at: Terms of Service. In addition, when using particular Free The Children services, you and Free The Children shall be subject to any posted guidelines or rules applicable to such services that may be posted at our sole discretion. All such guidelines or rules are hereby incorporated by reference into the TOS.
2. Description of Service
Free The Children currently provides users with access to countless resources, including various communications tools, curriculum-based information, collections of expressions, forums, and content through its web site (the “Service”). Unless explicitly stated otherwise, any new features that would improve the current Service, including the release of new Free The Children sites and features, shall be subject to the TOS.
3. Your obligations as a visitor
In consideration of your use of the Service, you agree to provide true, accurate, current and complete information about yourself as prompted by the Service’s registration forms (such information being the “Youth Mailing List” and the “Adult Mailing List”) If you provide any information that is untrue, inaccurate, not current or incomplete, or Free The Children has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Free The Children has the right to remove your information from our database and refuse any and all current or future use of the Service (or any portion thereof).
We collect personal contact information (for example, name, address, e-mail address and telephone numbers) if you: sign up for a newsletter; register on an online forum or website; make a donation or purchase any product from Free The Children. This information is used to fulfill your request and to respond to your inquiries.
4. Visitor Conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Free The Children, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available via the Service. Free The Children has limited control of the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Free The Children be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
- Upload, post, e-mail, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, pornographic, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- Harm other visitors in any way;
- Impersonate any person or entity, including, but not limited to, a Free The Children staff member or forum moderator, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- Upload, post, e-mail, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, e-mail, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
- Upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- Intentionally or unintentionally violate any applicable local, state, national or international law;
- “Stalk” or otherwise harass another; or
- Collect or store personal data about other users.
- You acknowledge that Free The Children may not pre-screen Content, but that Free The Children and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Free The Children and its designees shall have the right to remove any Content that violates these Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Free The Children or submitted to Free The Children.
- You acknowledge and agree that Free The Children may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these terms of service; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Free The Children, our visitors and the public.
6. International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Canada, the United States, or the country in which you reside.
7. Materials submitted or made available for inclusion on the service
Free The Children does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Free The Children the following worldwide, royalty free and non-exclusive license, as applicable:
With respect to Content (including written materials, photos, graphics, audio or video) you submit or make available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
8. Exemption from Penalties
You agree to exempt from penalties and hold Free The Children, and its affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of these terms of service, or your violation of any rights of another.
9. Other Web Links
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Free The Children has no control over such sites and resources, you acknowledge and agree that Free The Children is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Free The Children shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
10. General Information
These Terms of Service constitute the entire agreement between you and Free The Children, and govern your use of the Service, despite any prior agreements between you and Free The Children. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The laws of the Province of Ontario shall govern the TOS, and the relationship between you and Free The Children. You and Free The Children agree to submit to the personal and exclusive jurisdiction of the courts located within the City of Toronto, Ontario. The failure of Free The Children to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
11. Modifications to Service
Free The Children reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Free The Children shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Free The Children, in its sole discretion, may remove your information from our database system or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Free The Children believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Free The Children may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Free The Children may immediately deactivate or delete your information from our database system and/or bar any further access to the Service. Further, you agree that Free The Children shall not be liable to you or any third-party for any termination of your access to the Service.
13. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FREE THE CHILDREN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
FREE THE CHILDREN MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FREE THE CHILDREN OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
14. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FREE THE CHILDREN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FREE THE CHILDREN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
Please report any violations of the TOS to us.
What is Personal Information
Personal information is any information that can be used to identify you as an individual, including your name, age, personal telephone number, address, credit card details, email address, and any other personally identifiable information that you choose to provide to Free The Children. Personal information does not include so-called “business card information” such as your business telephone number and address in your capacity as an employee of an organization.
If you use the Sites, register as a Free The Children visitor on the Sites or apply for or request information about products or services offered by Free The Children, you consent to the collection, use, disclosure and management of your personal information in accordance with this Policy.
How Does Free The Children Collect My Personal Information
Free The Children collects personal information from you by asking you to provide personal information such as your name, age, address and email address when you register as a visitor on the Sites, apply to receive e-updates or other Free The Children products or services. We collect personal information such as your name, address and credit card details when you make a donation through the Sites.
Certain other personal information may be collected on the Sites without you actively providing the information by using various technologies, as described below:
While you use the Sites, certain information is collected without you actively providing it, including information about your IP address and type of operating system, the time you spent on the Sites and which pages you visited. This helps us improve our Sites. This data is not used to identify individuals. We track IP addresses for: (i) troubleshooting issues; (ii) voting events, confirm people are not voting for an individual more than once; and (iii) for all people who are filling out online forms, for the purpose of spam filtering.
Use and Disclosure of Personal Information
Personal information collected by Free The Children will only be used or disclosed for purposes described in this Policy or for other purposes that we have informed you of at the time of collecting that information. Before your personal information will be used or disclosed for a new purpose, we will ask you for your consent, unless use or disclosure without your consent in the circumstances is otherwise permitted or required by law, regulation or court order.
We use and disclose your personal information to fulfill your requests for certain products or services or information about them, process donations, contact you in response to requests for information and to respond to voluntary comments. We may also use personal information to customize the Sites to your preferences, to improve the content of our Sites, and to research Site usage patterns.
We may disclose your personal information to related organizations, including Me to We, who agree to follow this Policy, for the purpose of providing you with the products or services you have requested. We may also disclose personally identifiable information to third parties, but only:
- to service providers we use to support our organization (e.g. technical support or third party services administering our credit card system) in which case we will require them to follow this Policy; and
- where permitted or required by law, court orders, or government regulations.
We will not sell or rent your personal information to anyone.
Visitor Profile Information
You are not required to register as a visitor in order to access the Sites. A completed visitor profile will, however, allow you to be registered as a user and access additional functions on the Sites. We may use the personal information you provide in your visitor profile to permit registered visitors to access these additional functions, including posting comments on photos and videos, uploading photos/videos on a campaign you are participating in and writing your own blogs. If you make a donation without completing a visitor profile, information such as your billing, contact information and preferences will still be collected in order to execute the requested transaction but will not be stored on the Sites in a visitor’s profile.
As a registered visitor, Free The Children gives you the ability to decide whether or not you want Free The Children to send you correspondence.
Refusal or Withdrawal of Consent
If you provide us with your email address and do not opt-out in your visitor profile, you may occasionally receive emails from Free The Children and Me to We. We may use your email address submitted through the Sites for the following purposes: (i) when you are registering for a program, we may sometimes confirm your email address is accurate and (ii) we will send a thank you email when you sign up, or register for an event or if you subscribe to our newsletter or weekly column. We hope you will find these emails interesting and informative. Of course, if you would rather not receive this information, you can go to the Sites and update your visitor profile accordingly to opt-out if you are a registered visitor. In addition, communications sent to you will also contain a message on how to opt-out of that type of communication in the future.
You may refuse to provide personal information to Free The Children and may, subject to legal or contractual restrictions and reasonable notice, withdraw consent at any time to our continued use and disclosure of personal information previously collected. Please note that refusing or withdrawing your consent in respect of our handling of certain personal information may result in us being unable to provide you with certain Free The Children products and services. You can withdraw your consent at any time by writing to the Director of Communication at the address at the end of this Policy.
When you provide personal information through the Sites, we protect your personal information by encrypting the personal information that is transmitted between you and the Sites.
We will employ security measures to protect personal information in our care appropriate to the level of sensitivity of the information. We will retain your personal information only for the time it is required for the purposes for which it was collected or as required by law.
Accessing Your Personal Information
You can ask to view personal information about you held by Free The Children by writing to the Director of Communications, whose contact information is provided at the end of this Policy. You can request that corrections be made where you can show that the personal information about you that we possess is incorrect or incomplete. Please note that under certain circumstances, you may not be permitted to view your records, such as where the disclosure of your records would cause security, legal or confidentiality concerns, and including where Free The Children is prohibited by law to disclose that to you.
Links to Other Websites
The Sites may contain links to other websites. While we try to link only to websites that share our standards and respect for privacy, we are not responsible for the content or privacy practices of other websites. We strongly encourage all visitors to the Sites to review the privacy statements and policies of all external websites.
More Information About Free The Children’s Privacy Practices
Please contact Free The Children’s Director of Public Relations, Tamara Kaftalovich by email at firstname.lastname@example.org or in writing to Free The Children, 233 Carlton St., Toronto, Ontario, M5A 2L2, Canada, with any questions or concerns you have about this Policy or about Free The Children’s handling of your personal information. We will investigate and respond to your concerns.
Dated: September 22, 2012