PLATFORM TERMS OF SERVICE
These terms of service (these “Terms”) govern the use of the payment portal and platform (the “Platform”) established by Fogarty Financial, Inc., as coordinated with certain third-party service providers (collectively, “we,” “us,” or “Fogarty”) by our business users (“you,” the “user”). Use of the Platform by you shall, at all times, be governed by these terms. We reserve the right to amend or otherwise change these Terms at any time.
These Terms are an agreement between you or the entity you represent and Fogarty. These Terms consist of the terms and conditions that apply to your use of the Platform and any services that we host on the Platform, including any third-party payment processing or other services provided by us. These Terms are effective when you first access or use the Platform or any technology hosted on the Platform by us (the “Effective Date”) and continue until one year after you are no longer an undergraduate student member of Pi Kappa Phi Fraternity or we terminate your use of the Platform (the “Term”).
If you are using the Platform on behalf of another user, you hereby represent and warrant that you have full authority to legally bind such user to these Terms. You agree that any dispute in connection with the Platform or us is subject to individual binding arbitration. We encourage you to read the arbitration provision in these Terms, as it affects your rights under these Terms.
Terms of Service
Last modified: July 23, 2026
1. Services. We (and our affiliates, as applicable) will make the Platform available to you, and, if applicable, provide you with access to specific technologies or services available through the Platform. We may enable certain services or features on your behalf, which you may disable by contacting us or, if available, opting out via the Platform. You agree that your use of the services and the Platform are solely for purposes of transacting business in connection with Pi Kappa Phi Fraternity (including, without limitation, paying any membership dues or fees) (the “Purpose”) and such use will be in compliance with these Terms, our Data Privacy Policy and Agreement and other documentation we make available to you from time to time.
2. Use Restrictions. You must not enable or allow any third-party or other person to: (a) use the services for any purpose other than the Purpose; (b) circumvent any technical limitations of the Platform or enable any functionality which is disabled or prohibited, or access or attempt to access any non-public data or systems on the Platform; (c) use the Platform to engage in any activity which is fraudulent, deceptive, exploitative or harmful; (d) perform or attempt to perform any action which interferes with the operation of the Platform or affects other users’ use of the Platform; (e) rent, lease or otherwise transfer any rights which are granted to you by us in connection with the Platform to a third party; (f) copy, reproduce, republish, upload, post, transmit, resell or distribute in any way, any part of the Platform, documentation in connection therewith, or our website except as applicable law permits; (g) attempt to create a Platform account on behalf of or for the benefit of a user whose use of the Platform was suspended or terminated by us, unless we approve otherwise; (h) act as an agent or “pass-through” for the Platform with no added value; (i) use the Platform to conduct any business outside the Purpose, transact with any prohibited or restricted business or enable any individual or entity to operate or benefit from any prohibited or restricted business, unless we have pre-approved such use in writing.
3. Age Restriction. Only people 17 years of age or older may open an account on the Platform and use our services and technology. If you are at least 18 years of age and are of the age of majority in the jurisdiction in which you reside, you may open an account. However, if you are not 18 years of age and the age of majority in the jurisdiction in which you reside: (a) you must add a parent or legal guardian to your Platform account; (b) both you and your parent or legal guardian agree to be bound by these Terms; and (c) your parent or legal guardian agrees to be responsible and liable for your actions on the Platform account and your compliance with these Terms.
4. Support. We will provide you with basic business and technical support for issues relating to your account and use of the Platform through the support channels and documentation available on our website. We will utilize services on the Platform that are hosted or managed by third parties (e.g., third-party payment processors), and while we will use commercially reasonable efforts to provide support for such third-party services, we may direct you to the third parties for support on a particular issue.
5. New Services. We may make new services available on the Platform to users from time to time. We will inform you, via our website, email or through other means, of any new services provided on the Platform. In using such services, you acknowledge and agree that such services may not be completely functional and may contain certain programming instability, which may delay or frustrate the purpose of such services. Use of any new services is at your own risk and discretion. We may add or remove features to the Platform at any time. We may suspend or terminate your access to certain features of the Platform. Notwithstanding anything else to the contrary in these Terms, we provide no warranty, indemnity or support for the Platform or services.
6. Updates. We may modify or discontinue any aspect of the Platform, including imposing additional or modified conditions on use of the Platform or ceasing to offer services in a specific region, country or jurisdiction. We will provide you reasonable notice if such modification or discontinuation could or would be reasonably expected to materially reduce functionality of a service that you are using, except where we determine that such notification would create a security risk for us or cause us to violate applicable law or other obligations to governmental authorities. We are not obligated to provide any updates to the Platform, but we may do so in our sole discretion.
7. Third-Party Services. We may reference, allow you to access or promote certain services developed, hosted, controlled and maintained by third parties. Your use of any third-party services is subject to the terms of use and privacy policies of such third parties. Your use of the services of third parties is at your sole risk. Although we partner with certain third parties, we do not control third-party services you use or receive through the Platform. We disclaim all responsibility and liability for your use of any services from third parties.
8. License to Platform. Subject to these Terms, we grant you a limited, worldwide, royalty-free, non-exclusive, non-transferable, non-sublicensable, revocable license during the Term to use the Platform solely as necessary for the Purpose and in compliance with applicable law, these Terms and any documentation for the Platform. The Platform is licensed, not sold, to you by us. These Terms shall govern all updates, new versions and replacements of the Platform unless such update is accompanied by a separate license.
9. Exclusions. The license granted hereunder does not allow you to, and you agree not to, use or run the Platform in any way other than in accordance with these Terms and other documentation. You may not distribute any elements of the Platform, and you shall not use the Platform in a manner that creates an obligation to disclose, distribute or make the Platform available in source code form, license the Platform for the purpose of making derivative works or redistribute the Platform. You must not remove, obscure, modify or otherwise tamper with any notices (including, without limitation, trademark, copyright or patent notices) or legends contained in the Platform.
10. IP Ownership. As between the parties, we, our affiliates and our third-party licensors own all intellectual property rights in the Platform, and services provided thereunder (including, without limitation, any trademarks, trade dress, logos, copyrights and other intellectual property rights). All rights not expressly granted in these Terms are reserved. Nothing in these Terms assigns or transfers ownership of any intellectual property rights to the other party. You will ensure at all times that your use of the Platform shall not violate or infringe upon any third-party rights, including intellectual property rights. If you provide any content to us, you agree that you have obtained all necessary rights and permission to share such content and enable our use thereof. You grant to us a perpetual, worldwide, non-exclusive, irrevocable, royalty-free license to use content to develop, improve and provide services and the Platform and for our internal business purposes.
11. Third-Party Software. You acknowledge that any “open source” software included in the Platform may grant you additional rights. If there is a conflict between an “open source” license and these Terms regarding “open source” code, the applicable “open source” license terms supersede the conflicting Terms. Portions of the Platform may utilize third-party software and other copyrighted material.
12. Modifications and Reverse Engineering. Unless permitted under applicable law, you shall not (nor shall you enable others to) decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, tamper, translate, modify or create derivative works of all or any part of the Platform or any services we provide.
13. Transfer. You may not transfer, sell, share, distribute or sublicense the license set forth herein, or enable others to do so, unless permitted by these Terms or otherwise authorized by us in writing.
14. Account. We are entitled to rely on any instruction or action taken within your account. You must ensure that your account on the Platform is not used or modified by anyone other than you, and at all times you shall take commercially reasonable efforts to protect the confidentiality, integrity and availability of data on your account, including without limitation preventing the unauthorized access, disclosure or use of your account credentials. If you believe that your account has been wrongly accessed, disclosed or used, you must promptly notify us and cooperate fully, including providing any information that we reasonably request. Any action or inaction by us will not diminish your responsibility for the security of your account credentials or for any unauthorized access, disclosure or use of them. You are solely responsible for any losses, damages or costs which you or others may suffer arising out of or relating to hacking, tampering or unauthorized access of the Platform, your account, any protected data and/or your failure to use or implement reasonable security measures, except to the extent those losses, damages or costs are caused by our gross negligence, fraud or willful misconduct.
15. Privacy and Data Use. Each party will comply with our Data Privacy Policy and Agreement, which is incorporated herein by reference. The Data Privacy Policy and Agreement sets out our respective obligations and responsibilities regarding the storage and processing of personal data in connection with the Platform. You will use data provided by us only as expressly permitted by these Terms or other written agreements between you and us. You shall notify us immediately if you become aware of any unauthorized acquisition, modification, disclosure, access to or loss of personal data on your systems that was provided to or used by us in connection with the Platform. We are not obligated to retain data which we receive from or through you after the Term, except as required under applicable law or to reasonably perform any post-termination obligations.
16. Third-Party Data. If you enable services or functionality that provides us access to data, including personal data and content, from your third-party service providers, you authorize us to access and use such data, and you must obtain all necessary rights and consents from the applicable persons sufficient to enable us to lawfully collect, use, retain and disclose the data. We will use such data as these Terms describe, and to secure and provide the Platform, to comply with legal requirements and to prevent and mitigate fraud and data loss.
17. Controls. Each party shall maintain commercially reasonable administrative, technical and physical safeguards designed to protect data in such party’s possession or under its control from unauthorized access, accidental loss and unauthorized modification.
18. Confidentiality. The recipient of any information which is or could reasonably be expected to be confidential in nature (whether disclosed orally or in writing, marked as confidential, or otherwise, “Confidential Information”) shall use reasonable care to prevent the disclosure of such Confidential Information. The recipient may disclose Confidential Information only to those individuals or persons who have a legitimate need to know it and are subject to confidentiality obligations at least as protective as these Terms. The recipient may disclose Confidential Information if required by applicable law or court order, or if directed by a governmental authority, as long as it notifies the discloser in advance and provides reasonable assistance if the discloser wishes to contest the disclosure. These obligations do not apply to information that the recipient can prove through written documentation (a) is or becomes publicly available through no fault of the recipient; (b) it knew or possessed without restriction prior to receiving it from the discloser; (c) it received from a third party without breach of its confidentiality obligations; or (d) it independently developed without using the discloser’s Confidential Information.
19. Limitation of Liability. We provide the Platform “as-is,” and to the maximum extent permitted under applicable law, we do not make but rather disclaim all warranties, specifically we disclaim all implied warranties of fitness for a particular purpose, merchantability and non-infringement and the implied warranties arising from any course of dealing, course of performance or usage in trade. We do not warrant that your use of the Platform and our technology will be uninterrupted or error-free or that your use of the Platform and our technology complies with applicable law. We are not liable for delays, failures or problems inherent in the use of the internet and electronic communications or other systems outside our control.
20. No Indirect Liability. To the maximum extent permitted under applicable law, neither party will have any liability in relation to these Terms for any indirect, consequential, special, reliance, incidental or punitive damages, lost revenue, profits, savings or goodwill, business interruption, personal injury, property damage or loss of data, whether in contract, negligence, strict liability, tort or other legal or equitable theory, even if these losses, damages or costs are foreseeable, and whether or not any party has been advised of such possibility.
21. Indemnification. Subject to the limitations of liability above, you will indemnify us, our affiliates and their respective directors, employees, members, managers, shareholders, agents and representatives from all losses, claims, costs or liabilities arising from your use of the Platform or our technology, gross negligence, willful misconduct, fraud or breach of these Terms. Each party shall indemnify the other for any of the foregoing to the extent they arise from any claim under intellectual property law, except that the foregoing does not apply if the indemnified party uses any content in combination with other materials not provided by the indemnifying party. This Section 21 states the indemnifying party’s entire liability to the indemnified parties, and the indemnified parties’ sole and exclusive rights and remedies.
22. Suspension / Termination. You may terminate these Terms at any time by closing your Platform account. You may terminate these Terms upon notice to us if we materially breach these Terms and, if capable of cure, do not cure the breach within 30 days after receiving notice specifying the breach. We may immediately suspend your access to the Platform and use of any services if: (a) we reasonably believe providing the Platform to you that we or you will violate any law or governmental authority requirement or directive; (b) you breach these Terms or any other agreement between us; (c) we reasonably believe that your use of the Platform degrades, or may degrade, the security, privacy, stability or reliability of the Platform or any third-party system; (d) we reasonably believe you are engaged in business or activity that may be unlawful or otherwise facilitates illegal or prohibited transactions, harmful to a third party or otherwise presents an unacceptable risk to us; (e) we reasonably believe that your activity increases or may increase the rate of fraud; or (f) you do not promptly respond to our request for information. We may terminate or close your account at any time for any reason and will notify you of such action in accordance with applicable law. Upon termination, your rights to the Platform will immediately cease, and you must cease accessing services and delete all copies of the Platform.
23. General.
23.1. Compliance with Law. Each party must comply with all laws applicable to its business in the performance of the obligations or exercise of rights under these Terms. You are solely responsible for evaluating whether the Platform meets your legal obligations.
23.2. Notices. For all legal notices to us, please contact us by certified mail at 3701 Arco Corporate Dr., Suite 500, Charlotte, NC 28273. You consent to electronic communications from us at any email address you have provided to us on the Platform. We may also send communications by physical mail or delivery service to the postal address you have provided in your account on the Platform.
23.3. Governing Law. These Terms and any disputes between you and us will be governed by, and construed in accordance with, the laws of the State of North Carolina without giving effect to its conflict of law principles.
23.4. AGREEMENT TO SUBMIT TO BINDING ARBITRATION: If any claim or controversy arises out of or related in any way whatsoever to the Platform, your use of the Platform, the third-party service providers whose services are utilized in connection with the Platform, the Platform Terms of Service and/or the Data Privacy Policy and Agreement, the parties will first attempt to resolve the claim or controversy through friendly consultation, directly or through counsel after giving notice pursuant to paragraph 23.5. If the claim or controversy is not resolved by friendly consultation, the parties agree to waive to the fullest extent allowed by law their right to a jury trial and agree to submit all claims to binding arbitration as governed by the Federal Arbitration Act, and pursuant to the rules established by the Judicial Arbitration and Mediation Services, Inc. (JAMS), or any other mutually agreed arbitration association. The parties agree that the arbitration will be held in Mecklenburg County, North Carolina, before a single arbitrator mutually agreed upon by the parties. The parties will share equally in the cost of arbitration. I UNDERSTAND THAT BY VOLUNTARILY AGREEING TO THIS BINDING ARBITRATION PROVISION, I GIVE UP MY RIGHT TO A TRIAL BY JURY.
YOUR RIGHT TO OPT-OUT: If you decide that you do not want to arbitrate dispute(s) with us, you must notify us by certified mail to our address set forth in paragraph 23.2 no later than thirty (30) days after you first create an account on the Platform that you intend to opt out of the arbitration provision set forth in these Terms of Service.
23.5. Notice of Disputes. Before commencing arbitration, the party asserting a claim must send a written notice of dispute to the other party. You must send written notice of dispute to us by certified mail pursuant to paragraph 23.2. All dispute notices to you shall be sent to the email address listed on your account. After written notice of dispute is provided, the parties will meet for the purpose of resolving the dispute and, if the dispute is not resolved within 30 days of the notice, then a party may commence arbitration in accordance with paragraph 23.4.
23.6. Confidentiality of Arbitration. The parties shall keep confidential the existence of the arbitration, the details of the arbitration proceeding, the hearing, if any, and the arbitrator’s decision except as necessary under applicable law.
23.7. Legal Fees. In any dispute, litigation, arbitration or other legal proceeding arising out of or relating to these Terms, the arbitrator or court, as applicable, shall award to the prevailing party, if any, its reasonable attorneys’ fees and costs incurred in connection with such proceeding.
23.8. Entire Agreement. These Terms, together with any separate written agreement in connection with the subject matter hereto, including without limitation the Data Privacy Policy and Agreement, constitute the entire agreement and understanding of the parties with respect to the Platform and supersede all prior and contemporaneous agreements and understandings.
23.9. Modification. We may modify these Terms at any time by posting a revised version of the modified portions on our website or by notifying you. The modified terms are effective upon posting or, if we notify you, as stated in the notice. By continuing to use the Platform after the effective date of any modification to these Terms, you agree to be bound by the modified Terms. You are responsible for checking the website regularly for modifications to these Terms.
23.10. Assignment. You may not assign or transfer any of your rights or obligations under these Terms without our prior consent (which shall not be unreasonably withheld or delayed). We may assign and transfer our rights and obligations under these Terms without your consent. These Terms will be binding on, inure and to the benefit of, and be enforceable by the parties and their permitted assigns.
23.11. Severability. If any court or governmental authority determines a provision of these Terms is unenforceable, the parties intend that these Terms be enforced as if the unenforceable provision were not present and that any partially valid and enforceable provision be enforced to the extent that it is enforceable.
23.12. Waivers. A waiver must be in writing, signed by the waiving party, to be effective. A party’s failure to enforce any provision of these Terms will not constitute a waiver of that party’s rights to subsequently enforce the provision.
23.13. No Agency. Each party to these Terms is an independent contractor. Nothing in these Terms serves to establish a partnership, joint venture, general agency, trust or fiduciary relationship between you and us. If these Terms expressly establish an agency relationship between you, as principal, and us, as agent, the agency conferred, including your rights as principal and our obligations as agent, is limited strictly to the stated appointment and purpose and implies no duty to you, us and will in no event establish an agency relationship for tax purposes. You further acknowledge that we will not be subject to any fiduciary duties or obligations to you or to any other person, or any other duties or obligations except as expressly stated in these Terms.
24. Survival.
Any termination or expiration of these Terms will not relieve either party of any liability or payment obligation that accrued prior to the effective date of termination. The following provisions will survive any termination or expiration of these Terms, together with any other provision that by its terms or nature is intended to survive: Section 10 (IP Ownership); Section 12 (Modifications and Reverse Engineering); Section 14 (Account), solely with respect to liabilities and obligations arising prior to termination; Section 15 (Privacy and Data Use); Section 16 (Third-Party Data); Section 17 (Controls); Section 18 (Confidentiality); Section 19 (Limitation of Liability); Section 20 (No Indirect Liability); Section 21 (Indemnification); and Section 23 (General).
DATA PRIVACY POLICY AND AGREEMENT
Last Updated: July 23, 2026
Fogarty Financial, Inc. (the “Company,” “we,” “us” or “our”) is committed to safeguarding any personal data that may be collected through our website (the “Website”), our payment platform (the “Platform”) or our provision of any services in connection therewith (collectively, the “Services”). We want you to understand how your personal data will be used and shared. Please read the following policy carefully, as it describes our personal data handling practices.
WHO WE ARE AND CONTACT INFORMATION
Our head office is located in Charlotte, North Carolina, USA. Any questions or inquiries relating to privacy or data protection should be directed to finance@fogartyfinancial.org. EU and California residents may also exercise their data subject rights, such as the right of access and erasure, by contacting the foregoing.
PRIVACY COMPLIANCE
The personal data we collect may be transferred to, stored by and processed by us and our affiliated third parties outside the country in which you reside, where data protection and privacy regulations may not offer the same level of protection as in other parts of the world. However, the Company makes reasonable efforts to respect the privacy rights of all of its users. For example, we have taken important steps to comply with the California Consumer Privacy Act (“CCPA”) for users residing in California.
COLLECTION OF PERSONAL DATA
We collect your personal data to enhance, support, optimize and improve your experience using the Website, the Platform and to facilitate the provision of the Services. You may be required to provide certain personal data to register to use the Services. We also collect user-generated information and content such as your comments, reviews, posts or other contributions. Please avoid sharing any highly sensitive personal data in providing such comments, reviews, posts or other contributions. We also collect certain information and statistics relating to your use of the Services, including data related to any scheduled and completed tasks or activities by our representatives and agents, log-in statistics and technical information related to your use of the Website and/or Platform.
There are a number of different collections of personal data from you. These include:
Registration: When you register to use our Services, we receive certain information about you, whether directly input by you or through other linked login methodologies applicable to your method of registration. This information may include your name, your location, your language, a profile picture, your email and mailing address, your Social Security Number and your phone number. This registration process is required for users who would like to schedule any tasks or activities with our representatives or agents. You may update your profile data on the Website and/or Platform at any time.
Account Information: We utilize Stripe as a third-party payment processor to process any fees, dues or other amounts as part of the Services. In connection with your use of Stripe, you may be asked to provide credit card or bank account/ACH information. For the avoidance of doubt, all such data is maintained and stored by Stripe, and except as may be necessary for purposes of connecting Stripe’s services to the Platform, we do not store or maintain any data provided by users to Stripe. All data given to Stripe is governed by its Services Agreement (https://stripe.com/legal/ssa) and Data Privacy Agreement and Privacy Policy (https://stripe.com/privacy). Please refer to these policies for any questions related to Stripe.
Activity: Any user-generated content is collected by us, such as when you enter profile data, send messages, schedule activities or tasks, comment or review activities or tasks or when you contact us with questions, concerns or for purposes of technical or customer support. In such case, we collect the information contained in your message, including, without limitation, your name, contact details and any other personal data you may provide therein.
Survey Information: We may collect your user information through surveys we conduct from time to time with respect to our Service, including any ratings or reviews we may request you provide in relation to any tasks, activities or representatives. Providing information through such surveys or ratings is optional.
Metadata: We automatically connect data behind the scenes with respect to your use of the Services. This includes, but is not limited to, when you last logged in, when you scheduled, started or completed any tasks or activities, when you commented, reviewed or rated such tasks, activities or service providers, your total time online (both in aggregate and in each session), your IP address and information about your device or browser. Automated data collection does not lead to profiling that significantly affects our users, but gives us a clear picture of users. For a complete listing of data fields collected and used by us, you may contact us at finance@fogartyfinancial.org.
PUBLIC AND PRIVATE INFORMATION
Information you voluntarily transmit via our Services, including without limitation reviews, ratings or comments on tasks, activities and/or service providers, may be accessible to certain users and may be viewed and used by others without any restrictions. We do not control such uses of your personally identifiable information when you share with third parties using our Services. By using our Services, you assume the risk and acknowledge that the personal data provided by you may be viewed and used by third parties and by us for any number of purposes.
Your user profile and the content you create while using our Services, such as reviews, ratings, comments, posts, as well as scheduled and completed tasks or activities is publicly displayed to other users of the Services.
HOW WE USE YOUR DATA
We use your personal data to ensure we meet your expectations for the Services, respond promptly when you contact us and provide an effective platform for scheduling and completing tasks and activities on our Platform.
We may use the personal data provided to us to:
- Contact you from time to time with information about updates to the Services, including feature updates, news, improvements or offers, or regarding technical issues or other information important to the Services, or to provide you with requested support;
- Receive feedback from you regarding the Services and any service providers for tasks or activities thereunder, including inquiring as to improvements to the Services and to promote new products or services you may be interested in;
- Customize, measure, analyze and improve our Services, the Website and/or the Platform;
- Analyze our user database to review preferences and trends for our own business and analytical purposes, which we may use for marketing purposes and with respect to operations and development;
- Confirm the accuracy of our data with the data held and maintained by third parties;
- Prevent activity we determine to be potentially illegal, harmful or not in the public interest; and
- Enforce this Data Privacy Agreement, Privacy Policy and the Platform Terms of Service.
DISCLOSURE OF PERSONAL DATA
Although we make every effort to preserve user privacy, we may disclose personal data as detailed below:
- For use by our affiliated entities such as your undergraduate chapter of Pi Kappa Phi Fraternity, Pi Kappa Phi Fraternity, Pi Kappa Phi Properties and its affiliates, The Ability Experience, Pi Kappa Phi Foundation, other affiliated entities that are owned or controlled by any of the foregoing entities and volunteers of any or all of the foregoing entities for use while performing volunteer services for any of the foregoing entities;
- In response to a subpoena, regulatory investigation or court order, to law enforcement authorities or regulators who have demonstrated lawful authority;
- For the public interest or in good faith to prevent harm to individuals;
- In order to effectively provide our Services to users;
- To enforce policies or respond to claims that content on the Website, Platform or connected to the Services violates the rights of others;
- With third parties performing services on our behalf that have agreed to keep such information confidential;
- In connection with or during negotiation of any merger, financing, acquisition or proceeding involving sale, divestiture or disclosure of all or a portion of our business or assets (in the event of such business transaction, users will be notified before such transaction and be given the opportunity to deactivate or terminate their account(s) and the Services);
- In the event of an insolvency, bankruptcy or receivership;
- To facilitate the use of the Platform by Stripe to enable payment processing for fees, dues and other payments made through the Platform;
- For use in collection efforts by us or any of our affiliates and/or in connection with litigation between you and us.
SECURING YOUR DATA
We have implemented physical, organizational and technical measures to guard against unauthorized or unlawful processing of the data we collect. We have also taken steps to avoid accidental loss or destruction of, or damage to, your personal data. While no system can be completely secure, we believe the measures implemented in connection with the Services reduce the likelihood of a data security breach.
We recommend that you protect yourself from unauthorized access to your account(s) by ensuring that no one else uses your computer or mobile device when you are logged in, by logging off from the Services when not in use and by keeping any passwords confidential.
The following is a non-exhaustive list of the data security controls in place:
- Encryption when personal data is transferred to our (and our third-party service providers’) servers;
- Limited access to personal data by our staff on a need-to-know basis and the use of robust authentication processes (including, without limitation, complex passwords or multi-factor authentication);
- The use of data centers with effective physical and logical data security controls, and the use of reputable third parties who have demonstrated sufficient consciousness of security protocols; and
- Secure premises and staff that are keenly aware of their responsibilities to protect data.
COOKIES AND TRACKING
“Cookie” shall mean a web cookie: a small text file stored on our computer, or a token placed in the Platform’s local storage, used to customize the Services based on the user’s preferences and to track the user’s behavior.
Most browsers alert users to the use of cookies or refuse to accept cookies entirely. You should be aware that if you elect not to accept cookies, some parts of our Services will not function properly or permit you to access them. We use the following types of cookies for the purposes below:
Essential Cookies: These cookies are essential to provide you with the Services. For example, they allow you to log into the Website or Platform and help the content of the pages you request load faster. We use these cookies to provide you with those services.
Functionality Cookies: These cookies allow our Website and/or Platform to remember choices you make when you use the Services, such as your preferences, login details and changes you make to parts of the Website and/or Platform that you may customize. The purpose of these cookies is to provide you with a more personalized experience and to prevent you from needing to re-enter your preferences every time you visit.
Analytics and Performance Cookies: These cookies collect information about our traffic to our Services and how our Services are used. The information gathered does not identify any user individually and is aggregated and anonymized. It includes the number of visitors, visits and pages viewed, as well as other similar statistics. We use this information to improve the Services, to gather demographic information and to monitor activity levels on the Website and the Platform. We use Google Analytics and other third-party analytics services to capture page and screen views. You can prevent Google Analytics from tracking your use of the Services by downloading and installing the browser plugin available at this link: https://tools.google.com/dlpage/gaoptout?hl=en.
NOT FOR INDIVIDUALS UNDER SEVENTEEN YEARS OF AGE
The Service is a general audience Service, which is neither designed nor intended to collect personal data from children who are under the age of seventeen (17). You may only use the Services if you have reached this age of consent, in accordance with applicable laws. If you do not meet this digital age of consent, you must immediately cease using the Services.
In order to ensure compliance with the provisions of the U.S. Children’s Online Privacy Protection Act and other data protection laws aimed at protecting children, in accordance with our Terms of Service, children under the age of seventeen (17) are not permitted to access or use our Services, and children under the age of seventeen (17) should not provide any personal data to the Website or the Platform. Parents should supervise their children while online and/or using mobile devices, and there are a number of commercially available parental controls that can be installed on browsers.
INFORMATION STORAGE AND RETENTION
We will retain your information as long as you are a user on the Website and/or Platform in order that we may use it for the purposes contained herein. We have implemented retention schedules to avoid indefinitely storing personal information that has been collected indirectly. Personal data that is no longer required for administrative or business purposes and that does not need to be archived will be overwritten and scrambled such that it no longer identifies a user of the Services. Notwithstanding the foregoing, please note that third parties who store data on our behalf may have their own data retention policies or rules.
LINKS
We may offer links from our Services to the sites or apps of our service providers, affiliates or unrelated companies that may be of interest to you. We make no representations regarding such third parties’ practices in dealing with your personal data. We are not responsible for how other organizations or platforms use and share your personal data and suggest that you check applicable privacy policies of any such Platforms, sites or platforms that you associate with before sharing your personal data with such third parties.
ACCEPTANCE
By using our Services or accessing our Website and/or Platform, you consent to the practices relating to personal data collection and use described herein. Our Services are controlled and offered by us from our facilities in the United States of America. The laws of other countries may differ regarding how personally identifiable information must be handled by us. We make no representations that our Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and consent to our collection, storage and use of personally identifiable information as set forth herein.
CHANGES
We may amend this Data Privacy Agreement and Privacy Policy from time to time to reflect data-handling practices. The date set forth above indicates when this Data Privacy Agreement and Privacy Policy was last changed. Any material change to this Data Privacy Agreement and Privacy Policy shall be prominently displayed on our Website and Platform, and any data collection will be conducted in accordance with the provisions of the Data Privacy Agreement and Privacy Policy in effect at the time of collection. If at any time in the future we plan to share personal data with additional third parties, we will maintain legal compliance and a high standard of care for your personal data. Your continued use of the Services following the posting of any changes to this Data Privacy Agreement and Privacy Policy constitutes your acceptance of such changes. Should you not agree, you should cease using the Services and terminate your account.
CCPA INFORMATION FOR USERS RESIDING IN CALIFORNIA
We collect the following information about visitors to our Website and users of our Platform:
Categories of Personal Information | Specific Types of Personal Information Collected | Source of Information |
Identifiers | Your name, profile picture, email and mailing address, phone number, social media following. | User generated Social media platforms |
Information that identifies, relates to, describes or is capable of being associated with a particular individual | Your location and language, your social profile and following (data about your connections), any content provided by the user when entering profile data, reviewing, rating or commenting, communication from a user and information provided in relation to requests from us | User-generated Social media platforms |
Biometric information | Profile picture | User-generated Social media platforms |
Internet and other electronic network activity information | When a user last logged in, created content, reviewed or rated an activity, task or service provider, total airtime, IP address and information about the device and/or browser | User-generated User’s device |
Geolocation data | IP address, location provided to us when registering for the Services | User’s device |
The following are the business or commercial purposes for which we use each of the foregoing categories of personal information. Details about the information we collect for each category are provided in the table above.
Categories of Personal Information | Business or commercial purposes pursuant to the CCPA | Specific purposes |
Identifiers | Providing customer service, processing or fulfilling transactions, verifying customer information, processing payments, auditing relating to transactions with customers | To provide products and services To verify identity To communicate with users To improve products and services and prevent fraud To receive feedback and inquire about features for future products and to promote new products and/or services Analyze our user database to review preferences and trends for statistical and analytical purposes |
Information that identifies, relates to, describes or is capable of being associated with a particular individual | See above | See above |
Biometric information | See above | See above |
Commercial information | See above | See above |
Geolocation data | See above | See above |
Internet or other electronic network activity information | Detecting security incidents, protecting against malicious, deceptive, fraudulent or illegal activity, prosecuting those responsible for that activity Undertaking internal research for technological development and demonstration Undertaking activities to verify or maintain the quality of the Services and to improve, upgrade or enhance the Service Debugging to identify and repair errors | See above |
YOUR RIGHTS AS A CALIFORNIA RESIDENT UNDER THE CCPA
Disclosure of Personal Information We Collect About You | You have the right to know:
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Right to Deletion | Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:
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Protection Against Discrimination | You have the right to not be discriminated against by us because you exercised any of your rights under the CCPA. This means we cannot, among other things:
We may charge a different price or rate or provide a different level or quality of goods and/or services to you, if that difference is reasonably related to the value provided to our business by your personal information. |
Designate an Authorized Agent to Submit CCPA Requests on Your Behalf | You may designate an authorized agent to make a request under the CCPA on your behalf. To do so, you need to provide the authorized agent written permission to do so, and the agent will need to submit to us proof that they have been authorized by you. We will also require that you verify your own identity, as explained below. |
If you would like to exercise any of your CCPA rights as described above, you should email us at finance@fogartyfinancial.org.
We may ask you for additional information to confirm your identity and for security purposes before disclosing the requested personal data, using a two- or three-point data verification process, depending on the type of information you require. If you have a password-protected account with us, we may ask to verify your request through the account’s existing authentication methods. If you request that we disclose or delete your information, we will require you to re-authenticate with your account.