The following privacy policy (“Privacy Policy”) sets forth Build Up, Inc.’s (“BUI”) policy with respect to information, including personally identifiable data (“Personal Data”) and other information, BUI collects from visitors to the BUI website located at https://buildupinc.org/ (“Website”). BUI, owner and operator of the Website, is a nonprofit corporation formed under the laws of the state of New Jersey, United States.

We respect your privacy and are committed to protecting it. The purpose of this Privacy Policy is to inform you what Personal Data we may collect and how it may be used. This statement only applies to this Website. This Privacy Policy does not apply to information of any kind that we collect by means (including offline means) or from sources other than those specified herein.

WHAT INFORMATION DO WE COLLECT AND HOW IS IT USED?

  • Information You Voluntarily Submit to the Website: The Website may collect personal information from you, such as your name or email address. For example, you may voluntarily submit information to the Website by subscribing to a newsletter, or submitting a contact form. Personal Data may include, but is not limited to, your name, email address, and phone number. Our legal basis for processing this information is your consent, and by voluntarily providing us with Personal Data, you are consenting to our use of it in accordance with this Privacy Policy. If you provide Personal Data to us, you acknowledge and agree that such Personal Data may be transferred and stored from your current location to the offices and servers of BUI and the authorized third parties referenced below.
  • Information We Collect from Others: The Website may receive information about you from other sources. For example, if you use a third-party software through the Website, they may transfer information to us for fulfillment. We do not control the data privacy or protection policies of third parties, and we are not responsible for the privacy practices of these third parties. Our legal basis for processing this information is our legitimate interests, namely monitoring and improving our services, and the legitimate interests of our clients.
  • Automatically-Collected Information: The Website automatically collects certain information about you and the device with which you access the Website. For example, when you use the Website, the Website will log your IP address, operating system type, browser type, referring website, pages you viewed, and the dates/times you accessed the Website. The Website may also collect information about actions you take when using the Website, such as links clicked.
  • Cookies: The Website may log information using cookies, which are small data files stored on your browser by the Website. The Website may use both session cookies, which expire when you close your browser, and persistent cookies, which stay on your browser until deleted, to provide you with a more personalized experience on the Website.

HOW YOUR INFORMATION MAY BE USED

The Website may use the information collected in the following ways:

  • To operate and maintain the Website;
  • To send you promotional information, such as newsletters. Each email promotion will provide information on how to opt-out of future mailings;
  • To send you administrative communications, such as administrative emails, confirmation emails, technical notices, updates on policies, or security alerts;
  • To respond to your comments or inquiries;
  • To provide you with user support;
  • To track and measure advertising on the Website; or
  • To protect, investigate, and deter against unauthorized or illegal activity.

LEGAL BASES FOR PROCESSING DATA UNDER THE GENERAL DATA PROTECTION REGULATION (“GDPR”)

Below are the types of lawful basis that we will rely on to process your Personal Data:

  • Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service or product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your Personal Data for our legitimate interests. We do not use your Personal Data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you with respect to specific activities by contacting us at info@buildupinc.org.
  • Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
  • Comply with a legal or regulatory obligation means processing your Personal Data where it is necessary for compliance with a legal or regulatory obligation to which we are subject.
  • Consent means where you have consented to a certain use of your Personal Data.

THIRD-PARTY USE OF PERSONAL INFORMATION

BUI may share your Personal Data with certain third parties as set forth below:

Third Party Vendors: We may share your information with third party vendors or service providers who help us provide the services or the Website, including database hosting and data processing services, and assist us in responding to requests by you for information that you request.

Parent Companies and Affiliates: We may share your information with a parent company, any subsidiaries, joint ventures, or other companies under common control (collectively, “Affiliates”), provided that we require our Affiliates to honor this Privacy Policy.

Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution, or similar event, Personal Data may be part of the transferred assets.

Third Parties with Permission: We may share your information with third parties to whom you ask us to send your information.

Agents, Consultants, and Related Third Parties: BUI, like many businesses, sometimes hires other companies to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases, and processing payments. When we employ another entity to perform a function of this nature, we only provide them with the information that they need to perform their specific function.

Legal Requirements: BUI may disclose your Personal Data, if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation or to respond to requests from law enforcement or other government officials relating to investigations or alleged illegal activity or in connection with our own investigation of suspected or actual illegal activity, in which case we may (and you hereby authorize us to) disclose information without subpoenas or warrants served on us, (ii) protect and defend the rights or property of BUI, (iii) act in urgent circumstances to protect the personal safety of users of the Website or the public, (iv) protect against legal liability, including to resolve disputes, investigate problems, or enforce our client contracts.

The Website may share your information with third parties when you explicitly authorize us to share your information. Additionally, the Website may use third-party service providers to service various aspects of the Website. Each third-party service provider’s use of your personal information is dictated by their respective privacy policies. The Website currently uses the following third-party service providers:

  • Google Analytics – this service tracks Website usage and provides information, such as referring websites and user actions on the Website. Google Analytics may capture your IP address, but no other personal information is captured by Google Analytics.
  • Contact Form 7 – this service is used to collect and store data provided by users to the Website for the purpose of communications between the user and BUI.
  • Charitable – this service is used to serve our donation platform. At no time is your banking information passed to the Website. We receive only information used for donation fulfillment.

At this time, your personal information is not shared with any other third-party applications. This list may be amended from time to time in BUI’s sole discretion.

Except when required by law, BUI will not sell, distribute, or reveal your email addresses or other personal information without your consent; however, BUI may disclose or transfer personal information collected through the Website to third parties who acquire all or a portion of our business, which may be the result of a merger, consolidation, or purchase of all or a portion of our assets, or in connection with any bankruptcy or reorganization proceeding brought by or against us.

ANONYMOUS DATA

From time to time, BUI may use anonymous data, which does not identify you alone or when combined with data from other parties. This type of anonymous data may be provided to other parties for marketing, advertising, or other uses. Examples of this anonymous data may include analytics or information collected from cookies.

COOKIES

The Website uses cookies to store visitors’ preferences, record user-specific information on what pages users access or visit, ensure that visitors are not repeatedly sent the same banner ads, and customize content based on visitors’ browser type or other information that the visitor sends. Cookies may also be used by third-party services, such as Google Analytics, as described herein.

Users may, at any time, prevent the setting of cookies, by the Website, by using a corresponding setting of your internet browser and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an internet browser or other software programs. This deletion is possible in all popular internet browsers. If users deactivate the setting of cookies in your internet browser, however, not all functions of our Website may be entirely usable.

ADVERTISING

Newsletters
On the Website, you may subscribe to our newsletter, which may be used for advertising purposes. All newsletters sent may contain tracking pixels. The pixel is embedded in emails and allows an analysis of the success of online marketing campaigns. Because of these tracking pixels, BUI may see if and when you open an email and which links within the email you click. Also, this tracking allows BUI to adapt the content of future newsletters to the interests of the user. This behavior will not be passed on to third parties.

RIGHTS RELATED TO YOUR PERSONAL INFORMATION

Under laws in certain countries in which we operate, clients and other visitors to our Website from those countries have a right to access Personal Data about themselves, and to amend, correct, or delete Personal Data that is inaccurate, incomplete, or outdated.  We will, upon request, provide you with confirmation regarding whether we are processing Personal Data about you, consistent with applicable law. In addition, upon your request, we will take reasonable steps to correct, amend, or delete your Personal Data that is found to be inaccurate, incomplete, or processed in a manner non-compliant with this Privacy Policy or applicable law, except where the burden or expense of providing access would be disproportionate to the risks to your privacy, where the rights of persons other than you would be violated, or where doing so is otherwise consistent with applicable law. Unless prohibited by applicable law, we reserve the right to charge a reasonable fee to cover costs for providing copies of Personal Data that you request.

Please note that while any amendments, corrections, or deletions will be reflected in active user databases (as updated within a reasonable period of time), we may retain all Personal Data for backups, archiving, prevention of fraud and abuse, analytics, and satisfaction of other legal obligations we reasonably believe applicable.

You authorize us to use and disclose any new or modified information that you provide in accordance with this Privacy Policy, and you agree that we are under no obligation to delete or modify information that you have previously chosen to provide us as to which you have not instructed us to take such action. Please remember, however, that if we have already disclosed some of your Personal Data to third parties, we cannot access that Personal Data any longer and cannot force the deletion or modification of any such information by the parties to whom we have made those disclosures.

We may retain your Personal Data to comply with laws, prevent fraud, resolve disputes, troubleshoot problems, assist with any investigations, enforce our contracts, and take other actions otherwise permitted by law.

Opt-out – If you send us an email with questions or comments, we may use your personally identifiable information to respond to your questions or comments, and we may save your questions or comments for future reference. For security reasons, we do not recommend that you send non-public personal information, such as passwords, social security numbers, or bank account information, to us by email. You may “opt out” of receiving future commercial email communications from us by clicking the “unsubscribe” link included at the bottom of most emails we send, or as provided below; provided, however, we reserve the right to send you transactional emails, such as client service communications. You may also notify us at info@buildupinc.org to be removed from our mailing list.

Access – You may request access the personal information we have about you by submitting a request to info@buildupinc.org.

Amend – You may contact us at info@buildupinc.org to amend or update your personal information.

Forget – In certain situations, you may request that we erase or forget your personal information. To do so, please submit a request to info@buildupinc.org.

Please note that we may need to retain certain information for recordkeeping purposes, to complete transactions, or when required by law.

SENSITIVE PERSONAL INFORMATION

At no time should you submit sensitive personal information to the Website. Sensitive personal information includes your social security number, information regarding race or ethnic origin, political opinions, religious beliefs, health information, criminal background, or trade union memberships. If you elect to submit such information to us, it will be subject to this Privacy Policy.

CHILDREN’S INFORMATION

The Website does not knowingly collect any personally identifiable information from children under the age of 16. If a parent or guardian believes that the Website has personally identifiable information of a child under the age of 16 in its database, please contact us immediately at info@buildupinc.org and we will use our best efforts to promptly remove such information from our records.

ARBITRATION

This Privacy Policy will be governed and construed in accordance with the laws of the State of New York. Any controversy or claim arising out of or relating to the Privacy Policy, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near Newtown, Connecticut. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.

LINKS TO OTHER WEBSITES

This Privacy Policy applies only to the Website. The Website may contain links to other websites not operated or controlled by BUI (the “Third-Party Sites”). The policies and procedures described here do not apply to the Third-Party Sites. The links from the Website do not imply that BUI endorses or has reviewed the Third-Party Sites. We suggest contacting those sites directly for information on their privacy policies.

OTHER TERMS AND CONDITIONS

Your access to and use of the Website may also be subject to any separate agreements or terms and conditions you have signed or agreed to with BUI. Please refer to those agreements as needed.

Regardless of any other provision in this Privacy Policy, we reserve the right to disclose any personally identifiable or non-personally identifiable information about you to: (a) fulfill a government request; (b) conform with the requirements of the law or legal process; (c) protect or defend our legal rights or property, our Website, or other users; or (d) protect, in an emergency, the health and safety of our clients or the general public. This disclosure includes exchanging information with third parties and organizations in connection with credit risk reduction and fraud protection.

Changes to BUI’s Privacy Policy

The Website may change from time to time. As a result, at times it may be necessary for BUI to make changes to this Privacy Policy. BUI reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this Privacy Policy periodically, and especially before you provide any Personal Data. Your continued use of the Website after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.

CONTACT INFORMATION

At any time, please contact us at info@buildupinc.org for questions related to this Privacy Policy.

Last updated: August 19, 2019.