This Policy is a legally binding agreement between you (“User,” “you,” or “your”) and AQUME Foundation (“AQUME Foundation,” “we,” “us,” or “our”). If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “User,” “you,” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Website and Services. By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Policy. This Policy does not apply to the practices of companies that we do not own or control or to individuals that we do not employ or manage.
Collection of personal information
You can access and use the Website and Services without telling us who you are or revealing any information by which someone could identify you as a specific, identifiable individual. If, however, you wish to use some of the features offered on the Website, you may be asked to provide certain Personal Information (for example, your name and e-mail address).
We receive and store any information you knowingly provide to us when you create an account or fill any forms on the Website. When required, this information may include the following:
- Account details (such as user name, unique user ID, password, etc.)
- Contact information (such as email address, phone number, etc.)
- Basic personal information (such as name, country of residence, etc.)
- Payment information (such as credit card details, bank details, etc.)
Some of the information we collect is directly from you via the Website and Services. However, we may also collect Personal Information about you from other sources such as social media platforms, public databases, third-party data providers, and our joint partners. Personal Information we collect from other sources may include demographic information, such as age and gender, device information, such as IP addresses, location, such as city and state, and online behavioral data, such as information about your use of social media websites, page view information and search results and links.
You can choose not to provide us with your Personal Information, but then you may not be able to take advantage of some of the features on the Website. Users uncertain about what information is mandatory are welcome to contact us.
Privacy of children
We do not knowingly collect any Personal Information from children under 18. If you are under 18, please do not submit personal information through the Website and Services. If you have reason to believe that a child under 18 has provided Personal Information to us through the Website and Services, please contact us to request that we delete that child’s Personal Information from our Services.
We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce this Policy by instructing their children never to provide Personal Information through the Website and Services without their permission. We also ask that all parents and legal guardians overseeing the care of children take the necessary precautions to ensure that their children are instructed to never give out Personal Information when online without their permission.
Use and processing of collected information
We act as a data controller and a data processor when handling Personal Information unless we have entered into a data processing agreement with you, in which case you would be the data controller, and we would be the data processor.
Our role may also differ depending on the specific situation involving Personal Information. We act in the capacity of a data controller when we ask you to submit your Personal Information that is necessary to ensure your access and use of the Website and Services. In such instances, we are data controllers because we determine the purposes and means of the processing of Personal Information.
We act in the capacity of a data processor in situations when you submit Personal Information through the Website and Services. We do not own, control, or make decisions about the submitted Personal Information, and such Personal Information is processed only in accordance with your instructions. In such instances, the User providing Personal Information acts as a data controller.
To make the Website and Services available to you or to meet a legal obligation, we may need to collect and use certain Personal Information. If you do not provide the requested information, we may not be able to provide you with the requested products or services. Any of the information we collect from you may be used for the following purposes:
- Create and manage user accounts
- Send administrative information
- Send marketing and promotional communications
- Respond to inquiries and offer support
- Request user feedback
- Improve the user experience
- Deliver targeted advertising
- Enforce terms and conditions and policies
- Protect from abuse and malicious users
- Respond to legal requests and prevent harm
- Run and operate the Website and Services
Processing your Personal Information depends on how you interact with the Website and Services, where you are located in the world, and if one of the following applies:
(i) you have given your consent for one or more specific purposes; this, however, does not apply, whenever the processing of Personal Information is subject to California Consumer Privacy Act;
(ii) provision of information is necessary for the performance of an agreement with you and/or for any pre-contractual obligations thereof;
(iii) processing is necessary for compliance with a legal obligation to which you are subject;
(iv) processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in us; (v) processing is necessary for the purposes of the legitimate interests pursued by a third party or by us. We may also combine or aggregate some of your Personal Information in order to better serve you and improve and update our Website and Services.
Note that under some legislations, we may be allowed to process information until you object to such processing by opting out, without having to rely on consent or any other of legal bases. In any case, we will be happy to clarify the specific legal basis that applies to the processing, particularly whether the provision of Personal Information is a statutory or contractual requirement or a requirement necessary to enter into a contract.
You can delete certain Personal Information we have about you. The Personal Information you can delete may change as the Website and Services change. When you delete Personal Information, however, we may maintain a copy of the unrevised Personal Information in our records for the duration necessary to comply with our obligations to our affiliates and partners and for the purposes described below. If you would like to delete your Personal Information or permanently delete your account, you can do so on the settings page of your account on the Website or simply by contacting us.
Disclosure of information
Depending on the requested Services or as necessary to complete any transaction or provide any Service you have requested, we may share your information with our trusted subsidiaries and joint venture partners, affiliates, contracted companies, and service providers (collectively, “Service Providers”) we rely upon to assist in the operation of the Website and Services available to you and whose privacy policies are consistent with ours or who agree to abide by our policies with respect to Personal Information. We will not share any personally identifiable information with third parties and will not share any information with unaffiliated third parties.
Service Providers are not authorized to use or disclose your information except as necessary to perform services on our behalf or comply with legal requirements. Service Providers are given the information they need only in order to perform their designated functions, and we do not authorize them to use or disclose any of the provided information for their own marketing or other purposes.
We may also disclose any Personal Information we collect, use or receive if required or permitted by law, such as to comply with a subpoena or similar legal process, and when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.
Retention of information
We will retain and use your Personal Information for the period necessary to comply with our legal obligations, as long as your user account remains active, to enforce our agreements, resolve disputes, and unless a longer retention period is required or permitted by law.
We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally. Once the retention period expires, Personal Information shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification, and the right to data portability cannot be enforced after the expiration of the retention period.
California privacy rights
Consumers residing in California are afforded certain additional rights with respect to their Personal Information under the California Consumer Privacy Act (“CCPA”). If you are a California resident, this section applies to you.
In addition to the rights as explained in this Policy, California residents who provide Personal Information as defined in the statute to obtain Services for personal, family, or household use are entitled to request and obtain from us, once a calendar year, information about the categories and specific pieces of Personal Information we have collected and disclosed.
Furthermore, California residents have the right to request deletion of their Personal Information or opt-out of the sale of their Personal Information, which may include selling, disclosing, or transferring Personal Information to another business or a third party for monetary or other valuable consideration. To do so, simply contact us. We will not discriminate against you if you exercise your rights under the CCPA.
How to exercise your rights
Any requests to exercise your rights can be directed to us through the contact details provided in this document. Please note that we may ask you to verify your identity before responding to such requests. Your request must provide sufficient information that allows us to verify that you are the person you are claiming to be or that you are the authorized representative of such a person. If we receive your request from an authorized representative, we may request evidence that you have provided such an authorized representative with power of attorney or that the authorized representative otherwise has valid written authority to submit requests on your behalf.
You must include sufficient details to allow us to properly understand the request and respond to it. We cannot respond to your request or provide you with Personal Information unless we first verify your identity or authority to make such a request and confirm that the Personal Information relates to you.
Our Website and Services use “cookies” to help personalize your online experience. A cookie is a text file placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie. If you choose to decline cookies, you may not be able to fully experience the features of the Website and Services.
Do Not Track signals
Some browsers incorporate a Do Not Track feature that signals to websites you visit that you do not want your online activity tracked. Tracking is not the same as using or collecting information connected to a website. For these purposes, tracking refers to collecting personally identifiable information from consumers who use or visit a website or online service as they move across different websites over time. How browsers communicate the Do Not Track signal is not yet uniform. As a result, the Website and Services are not yet set up to interpret or respond to Do Not Track signals your browser communicates. Even so, as described in more detail throughout this Policy, we limit our use and collection of your Personal Information. For a description of Do Not Track protocols for browsers and mobile devices or to learn more about the choices available to you, visit internetcookies.com
We may engage in affiliate marketing and have affiliate links present on the Website and Services to be able to offer you related or additional products and services. If you click on an affiliate link, a cookie will be placed on your browser to track any sales for commissions.
Links to other resources
The Website and Services contain links to other resources not owned or controlled by us. Please be aware that we are not responsible for the privacy practices of such other resources or third parties. We encourage you to be aware when you leave the Website and Services and to read the privacy statements of each and every resource that may collect Personal Information.
We secure information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use, or disclosure. We maintain reasonable administrative, technical, and physical safeguards in an effort to protect against unauthorized access, use, modification, and disclosure of Personal Information in our control and custody. However, no data transmission over the Internet or wireless network can be guaranteed.
Therefore, while we strive to protect your Personal Information, you acknowledge that
(i) there are security and privacy limitations of the Internet which are beyond our control;
(ii) the security, integrity, and privacy of any and all information and data exchanged between you and the Website and Services cannot be guaranteed;
and (iii) any such information and data may be viewed or tampered with in transit by a third party, despite best efforts.
As the security of Personal Information depends partly on the security of the device you use to communicate with us and the security you use to protect your credentials, please take appropriate measures to protect this information.
In the event we become aware that the security of the Website and Services has been compromised or Users’ Personal Information has been disclosed to unrelated third parties as a result of external activity, including, but not limited to, security attacks or fraud, we reserve the right to take reasonably appropriate measures, including, but not limited to, investigation and reporting, as well as notification to and cooperation with law enforcement authorities. In the event of a data breach, we will make reasonable efforts to notify affected individuals if we believe that there is a reasonable risk of harm to the User as a result of the breach or if notice is otherwise required by law. When we do, we will post a notice on the Website and send you an email.
Changes and amendments
We reserve the right to modify this Policy or its terms related to the Website and Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.
An updated version of this Policy will be effective immediately upon the posting of the revised Policy unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Policy (or such other act specified at that time) will constitute your consent to those changes. However, we will not, without your consent, use your Personal Information in a manner materially different than what was stated at the time your Personal Information was collected.
Acceptance of this policy
You acknowledge that you have read this Policy and agree to all its terms and conditions. By accessing and using the Website and Services and submitting your information, you agree to be bound by this Policy. If you do not agree to abide by the terms of this Policy, you are not authorized to access or use the Website and Services.
Volunteer Terms and Conditions
1. Participation is at AQUME Foundation’s Sole Discretion. Volunteer acknowledges that Volunteer’s participation in the Volunteer Activities is a privilege, not a right, and that AQUME Foundation, its employees, officers, or agents, may, in their sole discretion, decline to allow Volunteer to participate in any of the Volunteer Activities for any reason.
2.Confidentiality. I agree to protect the confidentiality of AQUME Foundation donors, volunteers and employees. Information given to me by a donor, volunteer or staff member will not be given to any agency or person without the expressed written consent of the person or guardian of the person to which the information pertains.
3.Grant of Right to Use Image, Audio, and Video. Volunteer acknowledges that one or more of AQUME Foundation’s employees, officers, and agents, may cause still photographs, audio recordings, and/or audio-video recordings (collectively, the “Recordings”) to be made of Volunteer’s participation in the Volunteer Activities. Volunteer grants to AQUME Foundation and their assigns, licensees, and successors the right to use the Recordings, including without limitation any Recordings containing Volunteer’s voice, image, picture, portrait or likeness, throughout the world and in perpetuity, but only for purposes of promoting AQUME Foundation’s charitable activities. The grant contained in the immediately preceding sentence applies to all forms and media, including composite or modified representations, and Volunteer waives the right to inspect or approve any version of Volunteer’s voice, image, picture, portrait or likeness prior to publication.
Release of Liability. Volunteer acknowledges that the Volunteer Activities include a diverse range of activities that could result in harm or injury to Volunteer, whether physical or mental, loss or damage to Volunteer’s personal property, or Volunteer’s death. Volunteer, on behalf of himself/herself and anyone who obtains any rights from Volunteer, hereby forever releases and discharges AQUME Foundation and/or its parents, subsidiaries, affiliates, directors, officers, employees, agents, partners, administrators, volunteers, insurers, or successors, or the assigns of any of the foregoing (each a “Releasee”), from, and agrees not to sue any of the Releasees for, any kind of liability, claims, demands, losses, damages, costs, or expenses (including, without limitation, attorney’s fees and costs) arising out of or in any way related to Volunteer’s participation in the Event and related activities, including without limitation the Volunteer Activities.
Governing Law. This Release shall be governed by and construed in accordance with the laws of the State of Michigan. Exclusive jurisdiction and venue for any dispute concerning this Release shall be in the federal or state courts located in the County of Kent, Michigan.
If you have any other questions, concerns, or complaints regarding this Policy, we encourage you to contact us using the details below:
We will attempt to resolve complaints and disputes and make every reasonable effort to honor your wish to exercise your rights as quickly as possible and, in any event, within the timescales provided by applicable data protection laws.
This document was last updated on September 21, 2022