Last Updated: August 2018

 

Thank you for being part of the Fundacja TechSoup community. We are committed to protecting the privacy of visitors to our site, as well as our members and volunteers.

This Privacy Policy is intended to inform the general public about the types of data we collect and how we collect it, as well as how we use, process, and disclose your information, including personal information, in conjunction with your access to and use of the Fundacja TechSoup Site, products, and services.  Generally, if we process data, we will ensure that there is a statutory basis for such processing, or we will obtain consent.  Processing of personal data, such as names, address, e-mail address, or telephone number shall always be in line with the General Data Protection Regulation (“GDPR”), and in accordance with country-specific data protection regulations applicable to Fundacja TechSoup.  This Privacy Policy is intended to solely govern the specific website(s) it is posted on, unless otherwise noted. Fundacja TechSoup may own and/or control organizations or programs that, due to their unique set of activities, may require their own privacy policy.

Fundacja TechSoup has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, web-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, you are free to transfer personal data to us via alternative means, e.g. by telephone.

If you see an undefined term in this Privacy Policy (such as “Site” or “Account”), it has the same definition as in our Terms of Use or the terms used by the European legislature for the adoption of the GDPR.

When this policy mentions “FTS,” “we,” “us,” or “our,” such terms refer to Fundacja TechSoup. For purposes of GDPR, FTS is a Controller. As discussed herein, you can contact us at any time to: request access to information that we have about you; correct any information we have about you; and/or delete information that we have about you.  If you have additional questions about our data collection or storage, please contact us at tseurope@techsoup.org.

  1. INFORMATION WE COLLECT

There are two general categories of information we collect on our Site or at our events. We only collect and use your information to provide our services (e.g. for getting our newsletter, informing you about our donation program, community events and initiatives, camps, and potential opportunities, such as awards or prizes, that may be made available to participants at events).

1.1 Information You Give to Us.

1.1.1 Information that is necessary for the use of the Site (required; provided as necessity).

We require and collect the following personal information about you when you use the Site or participate in one of our events. This information is necessary for the performance of a contract in which the data subject is a party and to allow us to comply with our legal obligations under the contract and more generally. The following information is required because without it, we may not be able to provide you with all the requested services:

If you wish to use the Site, we require the aforementioned information; if you do not want to provide this information, you should not use the Site.

 

1.1.2 Information you choose to give us (optional; provided with consent).

While not required, you may choose to provide us with additional personal information to obtain a better user experience when using the Site, or to participate in certain events. This optional, additional information will be processed based on your consent and includes:

1.2 Information We Automatically Collect from Your Use of the Site.

When you use the Site, we automatically collect information, including personal information, about the services you use and how you use them. If collected, this information is necessary for our performance of a contract in which the data subject is a party and/or to allow us to comply with our legal obligations under the contract and more generally. Also, this information is necessary given our legitimate interest in being able to provide and improve the functionalities of the Site.

  1. HOW WE USE INFORMATION WE COLLECT

We use, store, and process information, including personal information, about you to perform our services, provide and improve the Site and comply with our legal obligations. It is not used for any additional purposes, such as to profile those who access our site.

2.1 Provide and Improve the Site.  

 

We process this information given our legitimate interest in improving the Site and our users’ and customers’ experience with it, and where it is necessary for the performance of the contract with you and/or a legal obligation. You can opt-out of receiving communications from us by following the unsubscribe instructions included in our marketing communications or changing your notification settings within your FTS account.

2.2 Comply With Our Legal Obligations.

We process this information given our legitimate interest and legal obligation to protect the Site, to measure the adequate performance of our contract with you, and to comply with applicable laws. FTS may process your information if it is necessary for legitimate interests, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data.

  1. SHARING & DISCLOSURE

Processing is lawful only if and to the extent one of the following applies:

3.1 With Your Consent.

Where you have provided consent, we share your information, including personal information, as described at the time of consent.  If you participate in promotional activities conducted by FTS partners or third parties we may also share information if you have provided us with prior consent to do so.

3.2 Other Situations, such as pursuing a legitimate interest.

3.2.1. Profiles and other Public Information.

The Site lets you publish information, including personal information, that is visible to the general public. For example:

Information you share publicly on the Site may be indexed through third party search engines. If you change your public-facing content, these search engines may not update their databases. We do not control the practices of third party search engines, and they may use caches containing your outdated information.

3.2.2. Compliance with Law, Responding to Legal Requests, Preventing Harm and Protection of our Rights.

FTS may disclose your information, including personal information, to courts, law enforcement or governmental authorities, or authorized third parties, if and to the extent we are required or permitted to do so by law or if such disclosure is reasonably necessary: (i) comply with our legal obligations, (ii) to comply with legal process and to respond to claims asserted against FTS, (iii) to respond to verified requests relating to a criminal investigation or alleged or suspected illegal activity or any other activity that may expose us, you, or any other of our users to legal liability, (iv) to enforce and administer our Terms of Use or other agreements with our users and customers, or (v) to protect the rights, property or personal safety of FTS, its employees, its users, customers or members of the public.

Where appropriate, we may notify users and customers about legal requests unless: (i) providing notice is prohibited by the legal process itself, by court order we receive, or by applicable law, or (ii) we believe that providing notice would be futile, ineffective, create a risk of injury or bodily harm to an individual or group, or create or increase a risk of fraud upon FTS’s property, its users and customers and the Site. In instances where we comply with legal requests without notice for these reasons, we will attempt to notify that user or customer about the request after the fact where appropriate and where we determine in good faith that we are no longer prevented from doing so.

3.2.3 Third Party Companies.

FTS enters into contracts with third parties to provide certain donations to FTS users, customers, or companies that offer their products and/or services on the Site (“Third Party Companies“). FTS will share your account information with Third Party Companies when you request donations or purchase products and/or services from such Third Party Companies. FTS will need to share your account information, including your personal information, to implement a contract between you and the Third Party Company. Your account information will be processed according to the privacy policies of such Third Party Companies. We will provide you with these policies as reasonably appropriate.

3.2.4 Service Providers.

Since FTS is part of a global network, it conducts activities globally.  In doing so, FTS uses a variety of third parties to help us provide services related to the Site. Service providers may be located inside or outside of the European Economic Area (“EEA”). The EEA unites the EU Member States and the three EEA EFTA States (Iceland, Liechtenstein, and Norway) into a market governed by the same basic rules (such as GDPR).

For example, service providers may help us: (i) verify your identity or authenticate your identification documents, (ii) check information against public databases, (iii) conduct background or police checks, fraud prevention, and risk assessment, (iv) perform product development, maintenance and debugging, (v) allow the provision of the FTS services through third party platforms and software tools (e.g., through the integration with our APIs), or (vi) provide customer service, advertising, or payments services. These providers have limited access to your information to perform these tasks on our behalf, and are contractually bound to protect and to use it only for the purposes for which it was disclosed and consistent with this Privacy Policy.

If FTS needs to share your information, including personal information, with a service provider, in order to ensure the adequate performance of our contract with you, we are permitted to do so

3.2.5 Business Transfers.

If FTS undertakes or is involved in any merger, acquisition, reorganization, sale of assets, bankruptcy, or insolvency event, then we may sell, transfer or share some or all of our assets, including your information in connection with such transaction or in contemplation of such transaction (e.g., due diligence). In this event, FTS will notify you before your personal information is transferred and becomes subject to a different privacy policy.

3.2.7 Aggregated Data.

We may also share aggregated information (information about our users that we combine together so that it no longer identifies or references an individual user) and other anonymized information for regulatory compliance, industry and market analysis, insights about the sector, demographic profiling, marketing and advertising, and other business purposes. We may share this aggregated data with the public.

  1. THIRD PARTY PARTNERS & INTEGRATIONS

The Site may contain links to third party websites or services, such as third party integrations, co-branded services, or third party-branded services (“Third Party Partners”). FTS doesn’t own or control these Third Party Partners and when you interact with them, you may be providing information directly to the Third Party Partner, FTS, or both. These Third Party Partners will have their own rules about the collection, use, and disclosure of information. We encourage you to review the privacy policies of the other websites you visit.

  1. YOUR RIGHTS

You may exercise any of the rights described in this section by sending an email to tseurope@techsoup.org. Please note that we may ask you to verify your identity before taking further action on your request.

5.1 Managing Your Information.

You may access and update some of your information through your Account settings. You are responsible for keeping your personal information up-to-date.

5.2 Rectification of Inaccurate or Incomplete Information.

You have the right to ask us to correct inaccurate or incomplete personal information concerning you (and which you cannot update yourself within your TechSoup Account).

5.3 Data Access and Portability.

In some jurisdictions, applicable law may entitle you to request copies of your personal information held by us. You may also be entitled to request copies of personal information that you have provided to us in a structured, commonly used, and machine-readable format and/or request us to transmit this information to another service provider (where technically feasible).

5.4 Data Retention and Erasure.

We generally retain your personal information for as long as is necessary for the performance of the contract between you and us and to comply with our legal obligations. If you no longer want us to use your information to provide the Site to you, you can request that we erase your personal information and close your FTS Account. Please note that if you request the erasure of your personal information:

5.5 Withdrawing Consent and Restriction of Processing.

Where you have expressly provided your consent to the processing of your personal information by FTS you may withdraw your consent at any time by changing your Account settings or by sending a communication to FTS specifying which consent you are withdrawing. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal. Additionally, in some jurisdictions, applicable law may give you the right to limit the ways in which we use your personal information, in particular where (i) you contest the accuracy of your personal information; (ii) the processing is unlawful and you oppose the erasure of your personal information; (iii) we no longer need your personal information for the purposes of the processing, but you require the information for the establishment, exercise or defense of legal claims; or (iv) you have objected to the processing pursuant to Section 5.6 and pending the verification whether the legitimate grounds of FTS override your own.

5.6 Objection to Processing.

In some jurisdictions, applicable law may permit you to legally object to FTS’s processing. In these instances, you may require FTS not to process your personal information for specific purposes (including profiling) where such processing is based on legitimate interest. If you object to such processing FTS will no longer process your personal information for these purposes unless we can demonstrate a legal basis for doing so or such processing is required for the establishment, exercise or defense of legal claims.

At any time, regardless of applicable law, you may object to us processing your personal information for direct marketing purposes. You may, at any time, ask FTS to cease processing your data for these direct marketing purposes by sending an e-mail to tseurope@techsoup.org .

5.7 Lodging Complaints.

With respect to GDPR, you have the right to submit complaints about the data processing activities carried out by FTS before Office of the Inspector General for the Protection of Personal Data; for complaints unrelated to GDPR, nothing in this Privacy Policy is intended to limit your right to file a complaint in the appropriate jurisdiction.

  1. OPERATING GLOBALLY

To facilitate our global operations FTS may transfer, store, and process your information within our family of public benefit organizations outside of the EU. Laws in these countries may differ from the laws applicable to your Country of Residence. For example, information collected within the EEA may be transferred, stored, and processed outside of the EEA for the purposes and bases described in this Privacy Policy. Where we transfer store, and process your personal information outside of the EEA we have ensured that appropriate safeguards are in place to ensure an adequate level of data protection.

6.1 EU Model Clauses.

If your information is shared with corporate affiliates or third party companies or service providers outside the EEA, we have, prior to sharing your information with such corporate affiliate or third party company or service provider, established the necessary means to ensure an adequate level of data protection. This agreement may incorporate the basis of the EU Model Clauses (a set of clauses issued by the European Commission).

  1. SECURITY

We are continuously implementing and updating administrative, technical, and physical security measures to help protect your information against unauthorized access, loss, destruction, or alteration. Some of the safeguards we use to protect your information are firewalls and data encryption, and information access controls. If you know or have reason to believe that your FTS Account credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your FTS Account, please contact us following the instructions in the Contact Us section below.

  1. CHANGES TO THIS PRIVACY POLICY

FTS reserves the right to modify this Privacy Policy at any time in accordance with this provision. If we make changes to this Privacy Policy, we will post the revised Privacy Policy on the Site and update the “Last Updated” date at the top of this Privacy Policy. We will also provide you with notice of the modification by email at least thirty (30) days before the date the changes become effective. If you disagree with the revised Privacy Policy, you may cancel your Account. If you do not cancel your Account before the date the revised Privacy Policy becomes effective, your continued access to or use of the Site will be subject to the revised Privacy Policy.

  1. CONTACT US

If you have any feedback about this Privacy Policy or FTS’s information handling practices, you may email us at: tseurope@techsoup.org or contact us at: Fundacja TechSoup, Bracka 25, 00-028 Warszawa, Poland. We welcome your feedback!