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PRIVACY POLICY

At Food Bank For New York City (“Food Bank” or “we”), your privacy is important to us and we know that you care about how your personal information is used and shared. This Privacy Policy, as part of our Terms and Conditions of Use, explains what information we gather about you, how we use it, and the safeguards we have in place to protect it. Please read this Privacy Policy carefully before using Food Bank website. If you do not agree with our policies and practices, your choice is not to use our website. By accessing or using this website, you agree to this Privacy Policy.

This policy applies to information we collect:
On this website (www.foodbanknyc.org) and related Food Bank webpages (the “Site”).
In email, text and other electronic messages between you and the Site.

It does not apply to information collected by:
us offline or through any other means, including on any other website operated by any third party (including our affiliates and subsidiaries); or
any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on our website.

Contents

Collection of Information
Use and Sharing of Information
Opt-Out
Donation-Related Information
Client Information; Specific Consent Forms
Cookies and Tracking
Security
Modification
Contact
California Privacy Rights

Collection of Information

In the course of using the Site owned and operated by Food Bank, Food Bank may ask you for certain information, including, but not limited to, your name, email address, postal address, telephone number and fax number. Such information is provided voluntarily and knowingly. In general, you can visit our Site without telling us who you are or revealing any personal information about yourself; however, you must provide personal information in order to make a donation.

We may also ask for certain information about you when you make a donation on the Site. This information may include your name, mailing and billing address, zip code, phone number, billing information and/or email address. This information may be required to complete your donation.

Food Bank may also collect non-personally identifiable information when you visit our Site, including but not limited to such information as the type of browser you are using (e.g., Safari, Chrome, Internet Explorer), the type of operating system you are using, (e.g., Windows or Mac OS), the domain name of your Internet service provider (e.g., Verizon, AT&T), your IP address, aggregate data about the number of visits to the Site, and/or aggregate data about the pages visited, but in doing so we do not connect this information with your personal information such as your name or email address.

Our Site is not directed to children under the age of 13 years. We will not request personally identifiable information from anyone whom we know to be under the age of 13. By using our Site, you represent and warrant that you are at least 13 years old. If we become aware that a customer is under the age of 13 and has registered without prior verifiable parental consent, we will remove his or her personally identifiable registration information.

Use and Sharing of Information

Food Bank uses the non-personally identifiable information (“General Information”) to improve the design and content of the Site, to diagnose and fix issues with the Site, to analyze Site usage, and to create services and/or products to fit consumers' needs. Food Bank shares this General Information with Food Bank's network of agencies, advertisers, charitable partners and/or other third party vendors. Food Bank shall own such General Information and maintain copies of such as part of its records indefinitely.

Except as otherwise indicated, Food Bank may use the personally identifiable information (“Personal Information”) that is provided by you: (a) to provide you with information, products or services that you request from us; (b) to fulfill any other purpose for which you provide it; (c) to respond to inquiries or questions about our services; (d) in any other way we may describe when you provide the information; (e) for internal marketing purposes; (f) to provide inquires with additional and updated information, materials and other advertisements regarding Food Bank's services; (g) to offer additional materials and/or information that Food Bank believes may be of interest to consumers; (h) to cooperate with government officials or parties in litigation under process of law, or as otherwise required by law; (i) to protect the security or integrity of the Site; (j) to protect against a threat of safety or destruction of property; (k) to protect against legal liability; and/or (l) for any other purpose with your consent. In all cases, however, Food Bank agents, employees, and contractors who have access to Personal Information are required to protect this information in a manner that is consistent with this Privacy Policy. Food Bank will not use the Personal Information, except as set forth herein, without your express authorized permission; provided, however, Food Bank shall own all such Personal Information and maintain copies of such as part of its records indefinitely.

We may disclose personal information that we collect or you provide as described in this Privacy Policy:

To contractors, service providers and other third parties we use to support our business (for example, processing credit card transactions) and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Food Bank’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by Food Bank about our Site users, donors, or clients is among the assets transferred.
To third-party charitable organizations that may be interested in providing you with information or services.
To fulfill the purpose for which you provide it.
For any other purpose disclosed by us when you provide the information.
To our subsidiaries and affiliates.
With your consent.

If you do not wish to grant Food Bank the right to use your Personal Information for future marketing communications with Food Bank and/or share your Personal Information with other third-party charitable organizations for marketing purposes, please notify Food Bank in the manner identified in the “Opt-Out” section below. Notwithstanding the foregoing, Food Bank may be required to use your Personal Information to cooperate with government officials or parties in litigation under process of law, or as otherwise required by law and/or to protect against legal liability.

Opt-Out of the Access to Personal Information

In the event you do not wish to receive any further promotional information from Food Bank, or allow Food Bank to use the Personal Information for the marketing or promotional purposes set forth in the “Collection of Information” and “Use and Sharing of Information” sections above, you can notify Food Bank directly at online@foodbanknyc.org or at 212.566.7855. If you are making an electronic donation and wish to opt-out of such release, simply click on the “Opt-Out” box contained on the donation form. Upon receipt of your request to opt-out, Food Bank will remove your information from any future marketing communication lists and no longer share your information with third party charitable organizations for promotional purposes. Please note that the limitations on Food Bank’s use of Personal Information and General Information as set forth above do not apply in the event of a transfer of Food Bank’s assets, and General Information and Personal Information owned or in the possession of Food Bank may be transferred, distributed, or sold as part of Food Bank or its assets, except as prohibited by law.

If we have sent you a promotional email, you may send us a return email to the address specified in the email asking to be omitted from future promotional email distributions. This opt-out does not apply to transactional emails regarding your donation or updates to our policies.

Upon request, we will provide you with the information we maintain about you so that you may request corrections. This information will be sent via email unless otherwise indicated. Please contact us by email at online@foodbanknyc.org or in writing at:
 
Food Bank for New York City
ATTN: Communications
39 Broadway
New York, NY 10006
 
To protect your privacy and security, we will take reasonable steps to verify your identity before providing information or making corrections.

Donation-Related Information
Food Bank does not store your credit card information when you donate on our website. In the case of donations, we may ask for personal information such as your name, mailing and billing address, zip code, phone number, billing information, email address and any other information required to complete the transaction. In doing so, we may transmit payment information to third parties, such as banks, credit card companies, payment clearance services or other service providers to complete the transaction. We may also provide shipping information to third parties in order to permit them to deliver products to you. We process standard credit card information (card number, card type, expiration date) via an encrypted SSL (defined below) session.

We maintain records of all donations made to Food Bank. Food Bank strives to keep such information private and confidential and we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure such information.

When you make a donation, you may be asked if you would like to receive further contact from us via our Site. If you indicate yes, you will be placed on our email distribution list and you may receive promotional correspondence from us or our partners from time to time in the future. If you later want to be removed from that list, you can remove yourself by following the directions in the correspondence you receive or following the “Opt-Out” procedures in this Privacy Policy.

Client Information; Specific Consent Forms
As part of our service work with clients we may collect Personal Information and other sensitive information of clients. This information is provided voluntarily as part of receiving the services. If we collect this information offline, our use and disclosure of such information shall be subject to a separate consent form.  We only collect and use this information in accordance with this Privacy Policy or as set forth in the applicable consent form for the client. To the extent that there is any conflict between the terms of an applicable consent form and this privacy policy, the terms of the applicable consent form will control with respect to the information covered by the consent form. Food Bank will use reasonable security measures, such as those set forth in this Privacy Policy, to protect such information.

Cookies and Online Tracking

A “Cookie” is a very small text file placed on your hard drive by a webpage server that enables a web server to identify users that visit a site hosted by that server. It is uniquely yours and can only be read by the server that gave it to you. Food Bank may use tracking tools, including without limitation Cookies, in order to identify you when you revisit our Site so that Food Bank can provide more customized information to you and better understand your behaviors and browsing activities. In addition, our Site may contain advertisements that may contain Cookies, or contain links to other Web sites that contain Cookies. We may might permit third parties to gather information passively on our Sites, including for behavioral advertising purposes. You can control many tracking tools. In particular, your browser gives you the ability to delete or reject Cookies and you can opt out of some online behavioral advertising by going to www.aboutads.info/choices.

Additionally, some browsers have a ‘do not track’ feature that lets you tell websites that you do not want to have your online activities tracked. These features are not yet uniform, so we are currently not set up to respond to those signals. If you block or delete cookies, please be aware that not all of the tracking described in this policy will stop. Please note that if you block Cookies, certain features on out Site may not work.

Food Bank does not engage in the collection of personally identifiable information over time and across third-party websites.

Security Disclaimer

Food Bank has implemented security measures to help protect against the risk of loss, misuse and alteration of General Information or Personal Information under Food Bank’s control. Food Bank protects your online donation information by using Secure Sockets Layer (“SSL”) technology, which works by encrypting the information provided by consumers making a donation. Nevertheless, such security measures may not prevent all loss, misuse or alteration of information on the Site, and Food Bank is not responsible for any damages or liabilities relating to any such security failures. By using this Site, you understand that there is a risk that data and communications, including email and other electronic communications, may be accessed by unauthorized third parties when communicated over the Internet. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

Modification of Privacy Policy

Food Bank may change this Privacy Policy at any time by posting the changed or amended Privacy Policy on the Site. Your continued viewing of or use of this Site following the posting of any changes to this Privacy Policy will indicate your assent to any such changes or amendments.

How to Contact Food Bank

You may contact Food Bank with questions or comments regarding this Privacy Policy, updating any Personal Information, opting out of the release of General or Personal Information, or anything else related to Food Bank and/or this Site at online@foodbanknyc.org or at 212.566.7855.

Your California Privacy Rights
Under California law, a California resident with whom Food Bank has an established relationship has the right to request certain information with respect to the types of personal information Food Bank has shared with third parties for their direct marketing purposes (if any), and the identities of those third parties, within the immediately preceding calendar year, subject to certain exceptions. In response to a written request, Food Bank is allowed to provide a cost-free means to opt-out of such sharing. All requests for such information must be in writing and sent to:  

Food Bank for New York City
ATTN: Communications
39 Broadway
New York, NY 10006

Posted: September 11, 2014

 

TERMS & CONDITIONS OF USE


Welcome to the website of Food Bank For New York City. The following terms and
conditions, together with any documents they expressly incorporate by reference, including without limitation the Privacy Policy (collectively, these “Terms of Use”), govern your access to and use of www.foodbanknyc.org, including any content, functionality and services offered on or through www.foodbanknyc.org (the “Site”).

Please read the Terms of Use carefully before you start to use the Site. BY ACCESSING, BROWSING AND/OR USING THE SITE (INCLUDING YOUR SUBMISSION OF INFORMATION TO THIS SITE), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS OF USE, INCLUDING THE PRIVACY POLICY (WHICH IS INCORPORATED HEREIN BY REFERENCE), AND TO COMPLY WITH ALL APPLICABLE UNITED STATES LAWS AND REGULATIONS. You agree that the Terms of Use, combined with your act of using the Site, have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature, including any applicable statute of frauds. You further agree that you shall not challenge the validity, enforceability or admissibility of the Terms of Use on the grounds that it was electronically transmitted or authorized.

This Site is offered and available to users who are 13 years of age or older. By using this Site, you represent and warrant that you meet the foregoing eligibility requirement. If you do not meet this requirement, you must not access or use the Site.

The information presented on or through the Site is made available solely for general information purposes. We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

Permissions & Copyrights

The text and images on Food Bank Site are for the personal, not-for-profit use of the public. Any use of such information must name “Food Bank For New York City” as the original source for the material. All content, data, logos and trademarks (collectively, the “Intellectual Property”), are subject to the copyright and/or trademark laws of the United States and, except where noted otherwise, are the exclusive property of Food Bank. Commercial use, electronic re-publication, or print publication of text, logos, or images is strictly prohibited without prior written permission from Food Bank. To request written permission to reprint or reproduce any content from this site, please contact us at online@foodbanknyc.org, or call 718.991.4300.

Food Bank respects the intellectual property of others. If you believe that our Site infringes your intellectual property, please contact us at:
online@foodbanknyc.org or call 718.991.4300.

Prohibited Uses
You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:
In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” or “spam” or any other similar solicitation.
To impersonate or attempt to impersonate Food Bank, a Food Bank employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm the Site or users of the Site or expose them to liability.

Additionally, you agree not to:
Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Site.

Your Privacy Rights
All information we collect on this Site is subject to our Privacy Policy [[INSERT LINK TO THE PRIVACY POLICY IF ON SEPARATE PAGES]]. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Warranty & Disclaimer
THE CONTENT, SERVICES, INFORMATION AND ACCESS TO THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND NON-INFRINGEMENT. FOOD BANK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE IN TERMS OF ITS QUALITY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FOOD BANK DOES NOT WARRANT THAT ANY PART OF THE SITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT TRANSMISSION TO OR FROM THE SITE AND ACCESS TO THE SITE WILL BE UNINTERRUPTED, CONTINUOUS OR ERROR-FREE. IN NO EVENT SHALL FOOD BANK, ITS EMPLOYEES, AGENTS OR RELATED ENTITIES, OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THESE PAGES, BE LIABLE FOR ANY DIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THIS SITE, OR ANY LINKED SITE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification and Limitation of Liability

You shall indemnify, defend and hold harmless Food Bank and its sponsors, business affiliates, subsidiaries, affiliates, officers, directors, employees, attorneys and agents, from and against any and all damages, claims and actions brought by you or any third party resulting from your use of the Site in violation of these Terms or the infringement by you of any Intellectual Property rights of any person or entity.

IN NO EVENT WILL FOOD BANK BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION OR FOR ANY CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Modifications to Terms of Use

Food Bank, in its sole discretion, reserves the right to update, revise, supplement and to otherwise modify these Terms of Use, and to impose new or additional terms and conditions on your use of the Site from time to time. Such updates, revisions, supplements, modifications and additional rules, polices, terms and conditions (collectively referred to in these Terms of Use as “Additional Terms”) will be effective immediately and incorporated into these Terms of Use upon notice thereof, which may be given by any reasonable means, including by posting to the Site. Your continued viewing or use of the Site following such notice will be deemed to conclusively indicate your acceptance of any and all such Additional Terms.

Donation Disclosure

Your gift to Food Bank is greatly appreciated. Food Bank is a nonprofit 501(c)(3) organization that meets the Better Business Bureau’s charity standards. A copy of our most recent annual report may be obtained from Food Bank or from the Office of the Attorney General, Department of Law, Charities Bureau, 120 Broadway, New York, NY 10271.

Image Usage

Photographs on our Site are meant to generally represent people at risk of hunger in New York City, and do not represent specific individuals.

Links to Other Sites
Food Bank is not responsible for the contents of any linked website that may be contained on our Sites, or any link contained in a linked website, or any changes or updates to such websites. The inclusion of any link does not imply endorsement by Food Bank of that website and is provided only for informational purposes.

Waiver
Food Bank’s failure to enforce strict performance of any provision of these Terms of Use will not constitute a waiver of Food Bank’s right to subsequently enforce such a provision or any other provision of this Agreement, nor will any delay or omission on the part of Food Bank to exercise or take advantage of any right or remedy that Food Bank has or may have hereunder, operate as a waiver of any right or remedy.

Severability
In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be invalid or unenforceable, the remaining portion hereof shall remain in full force and effect and such a provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and shall be reformed to the extent necessary to make such provisions valid and enforceable.

Jurisdiction
This Site (excluding linked sites) is controlled by Food Bank which is headquartered in the State of New York, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of New York, by accessing this Site both you and Food Bank agree that the statutes and laws of the State of New York, without regard to conflicts of laws principles thereof, will apply to all matters arising from or relating to use of this Site or the information contained herein. You and Food Bank also agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts located within New York County, New York with respect to such matters, and waive any jurisdictional or venue defenses otherwise available. Food Bank makes no representation that materials on the Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws. If you are located anywhere outside of the United States, please be aware that information we collect, including personal information, will be transferred to, processed, and stored in the United States. By using the Site or providing us with any information, you consent to the transfer, processing, and storage of your information in the United States.

Last Updated: September 11, 2014

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