By accessing Cape Fear Collective’s Website, applications, or other Services, You agree to be legally bound by and comply with this policy. If You do not agree to comply with this policy, You are not authorized to use this Website.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
- Company (referred to as either “Cape Fear Collective”, “CFC”, “the Company”, “We”, “Us”, or “Our” in this Agreement) refers to Collective Impact in New Hanover County or the Cape Fear Collective, Inc., PO Box 7746 Wilmington, NC 28406.
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Account means a unique account created for You to access our Service or parts of our Service.
- Website refers to Cape Fear Collective, accessible from https://capefearcollective.org/.
- Service refers to the Website.
- Country refers to: North Carolina, United States.
- Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
- Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.
- Personal Data is any information that relates to an identified or identifiable individual.
- Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit.
Collecting and Using Your Personal Data
We use tools for analytics, communication, and fundraising that track information about Your use of our Website. These tools record information including details about Your browser, operating system or device, Your IP address, information about the links You click, and other details of Your activity. This information is not linked to Your personally identifying information, such as Your name, address or email address, unless You have specifically provided Us with that information.
Types of Data Collected
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
- Email address
- First name and last name
- Usage Data
This personally identifiable information is only collected if You submit the information by signing up for Our newsletter on Our Website. We have developed our Website, applications, and related Services so that You can visit without identifying yourself or revealing any personal information to us. We do not track visitors to our Website as they access other Websites.
Our Website and Services are not directed to children under 13 (or other age as required by local law), and We do not knowingly collect personal information from children. If You learn that Your child has provided Us with personal information without Your consent, You may contact Us. If We learn that We have collected any personal information in violation of applicable law, We will promptly take steps to delete such information.
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Tracking Technologies and Cookies
You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service.
Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close your web browser. Learn more about cookies: All About Cookies.
We use both session and persistent Cookies for the purposes set out below:
- Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
- Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
- Functionality Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
In most cases, all of the data collected by these Cookies remains private and cannot be shared with anyone else. For example, Mailchimp, which allows Us to send email communications with Our newsletter subscribers, places Cookies that collect data about Your use of Our Website. Only Cape Fear Collective has access to that data, and We have described how We use that data above.
Other services – such as those that prevent fake sign-ups, serve banner ads, provide social media conveniences such as sharing articles, and measure traffic – place Cookies on Your computer that collect information about Your browsing behavior on Our Website and other Websites. We do not have any way of knowing how such services handle the resulting data internally. Here are the services whose Cookies You can find on capefearcollective.org:
- Google Ads
- Mailchimp, which We use for newsletter sign-ups and communication.
- Google Analytics, which We use to measure Website traffic. You can opt out of Google’s collection and processing of data related to Cape Fear Collective’s Website and Services by going to https://tools.google.com/dlpage/gaoptout.
- We occasionally use Google Maps to illustrate stories. On these pages, you are additionally bound by the Google Maps/Google Earth Additional Terms of Service.
- We occasionally embed videos hosted by YouTube and Vimeo.
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
- To provide and maintain our Service, including to monitor the usage of our Service.
- To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
- For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
- To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
- To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
- To manage Your requests: To attend and manage Your requests to Us.
When You choose to become a newsletter subscriber, data partner, or donor, we use Salesforce and Mailchimp to manage this information. Cape Fear Collective limits access to all such user data for the purposes of newsletters, fundraising, and customer service only, and we require our employees with access to these systems to use modern authentication methods.
We may share your personal information in the following situations:
- With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
- For Business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of our business to another company.
- With Business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
- With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.
Retention of Your Personal Data
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Disclosure of Your Personal Data
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
- Comply with a legal obligation
- Protect and defend the rights or property of the Company
- Prevent or investigate possible wrongdoing in connection with the Service
- Protect the personal safety of Users of the Service or the public
- Protect against legal liability
Cape Fear Collective does not share, trade, sell, or otherwise release donors’ personal information to any third parties. This includes all donor information that is obtained both online and offline. Donors who contribute more than $5,000 will appear in our 990 filings with the IRS, as required by law, but otherwise, we do not disclose donor information without your explicit consent.
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security. You provide Us with this data at Your own risk. To the fullest extent permitted by applicable law, Cape Fear Collective does not accept liability for unintentional disclosure.
The servers We use are located in the United States. Our Website and Services are designed for and targeted to United States audiences and are governed in accordance with United States law. If You are located outside of the U.S., by sending Us Your data You consent to its transfer to and storage within the United States.
Your California Privacy Rights (California’s Shine the Light law)
Under California Civil Code Section 1798 (California’s Shine the Light law), California residents with an established business relationship with us can request information once a year about sharing their Personal Data with third parties for the third parties’ direct marketing purposes.
If you’d like to request more information under the California Shine the Light law, and if you are a California resident, You can contact Us using the contact information provided below.
California Privacy Rights for Minor Users (California Business and Professions Code Section 22581)
California Business and Professions Code section 22581 allow California residents under the age of 18 who are registered users of online sites, services or applications to request and obtain removal of content or information they have publicly posted.
To request removal of such data, and if you are a California resident, You can contact Us using the contact information provided below, and include the email address associated with Your account.
Be aware that Your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.
COPPA Compliance – Children’s Policy
Consistent with the Children’s Online Privacy Protection Act, We do not knowingly request or accept information submitted to this Website by any visitor under 13 years of age.
If We become aware that an individual under the age of 13 has provided information to Us through this Website, We will not use or disclose that individual’s information for any purpose unless required to do so by law.
Links to Other Websites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.
Links and Frames
You may link to the home page of Our Website as long as the link does not cast Us in a false or misleading light. You may not frame the content of Our Website.
Copyright in this Website and the materials included in it, unless otherwise indicated, is owned by Cape Fear Collective.
We respect the intellectual property of others. If You believe that Your work has been copied – by Us or by any third party on Our Website – in a manner that constitutes copyright infringement, please provide Our team with the written information outlined below via email at email@example.com. Please note that the following procedure is strictly to notify Us that Your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that You claim has been infringed upon;
- A description of where the material that You claim is infringing is located on Our Website, including the URL of the page on which it appears;
- Your address, telephone number, and email address;
- A statement by You that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
By giving Cape Fear Collective permission to use Your content, You agree to the following:
- You confirm that You are the creator or owner of the content, or that You have the right to grant permission to share it with Us. In addition, You confirm that You have all the necessary rights and permissions to grant Us this license for use.
- Aside from the license granted herein, You retain the copyright to the content.
- You hereby grant the Company the following perpetual and irrevocable non-exclusive rights in the content: the right to reproduce, display, distribute, perform, and transmit the content, as modified by Cape Fear Collective, throughout the world, in any media now known or later developed, in connection with the business or promotion of the business of the Company, including such use by Our partners and affiliates, and including the right to incorporate the content into a larger work created by Cape Fear Collective.
- The content may appear, in whole or in part, and without limitation, on Our Website, apps, social media accounts, other Cape Fear Collective-branded platforms, third-party archives, or in videos or films in perpetuity.
- You understand that You will receive no payment or royalty for any use under this agreement; that Cape Fear Collective is under no obligation to use, edit, or distribute the content; and that You have no right to inspect or approve any use of the content.
Cape Fear Collective trademarks, service marks, and logos used in connection with the Website and Services are trademarks of Cape Fear Collective in the United States and other countries. We reserve all rights to these marks. You may not use any of Our marks or logos without Our prior written consent. All other trademarks and service marks appearing on digital platforms are the property of their respective owners and should be used only with prior written consent from the appropriate owner.
Disclaimers and Limitation of Liability
Although We take reasonable steps to prevent the introduction of viruses, worms, “trojan horses” and other destructive materials to Our Website, We do not guarantee or warrant that Our Website or materials that may be downloaded from Our Website are free from such destructive features. We are not liable for any damages or harm attributable to such features. We are not liable for any claim, loss, or injury based on errors, omissions, interruptions, or other inaccuracies in Our Website, nor for any claim, loss, or injury that results from Your use of this Website or Your breach of any provision of this policy.
We reserve the right to terminate this Website and this policy at any time without notice for any reason, including, in the case of the policy, for Your violation of any of its provisions. The Limitation of Liability and Governing Law Sections of this policy and Your agreement to it shall survive any such termination.
This policy and Your agreement to it will be governed by the laws of the state of North Carolina applicable to contracts made and performed there without regard to its conflicts of law principles. You agree to submit to the exclusive jurisdiction of the state and federal courts sitting in the State of North Carolina and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Cape Fear Collective
Attention: Director of Operations or CEO
PO Box 7746
Wilmington, NC 28406