Beanstalk Foundation

What's right with Colorado is right next door.

Privacy Policy

LAST REVISED: April 2, 2012

Thank you for joining our online social networking and philanthropic community (the “Community”) located at www.beanstalkfoundation.org (the “Website”). Among other benefits, your participation in the Community allows you to make donation to Beanstalk Foundation and express your wish that such donations be used to support a particular charitable organization or cause (a “Project Partner”).  Often, a third-party company or organization (a “Sponsor”) may agree to provide matching donations or support to the Project Partner.  

The Website is designed to connect you and other members (upon enrollment in the Community, collectively “Members” and individually, each a “Member,” which includes Gardeners and Friends) to communicate with us and with other Members about Beanstalk, your activities as a friend, Gardener, or interested participant and help cultivate positive social change in your community.  This privacy policy explains how we may use and protect personal information we may gather from you when you access the Community by means of this Website (“Privacy Policy”).  Our Terms of Use, available at www.beanstalkfoundation.org/terms, are incorporated herein by reference and form an essential part of this Privacy Policy and describe the terms and conditions governing your access to and use of the Website.  Your use of the Community and Website, and continued use of the Community and Website following any changes to this Privacy Policy, signifies your consent to be legally bound by both the terms and conditions of this Privacy Policy and those set forth in our Terms of Use.  If you do not agree to the terms of this Privacy Policy, please do not use the Website or Community or provide any information to us.

WHAT INFORMATION IS COLLECTED

We may collect two types of information from you: (a) personally identifiable information that you voluntarily provide when creating an account (“Personal Information”) and (b) indirect and/or aggregate information that we may collect as a result of your use of, and interaction with, the Community or Website (“Usage Information”).

PERSONAL INFORMATION

When you create and edit your account or request to access certain features or complete specific transactions via the Community or Website, you may be asked to provide Personal Information, which may include but is not limited to your:

name, address, e-mail address, date of birth, gender, areas of philanthropic interest, username and password, profile picture, skills, Beanstalk story, employer, job title, Beanstalk Foundation website, Favorite Projects and Challenges, and Donations to Beanstalk Projects and Challenges

You may choose not to provide your Personal Information, however creating an account is a prerequisite for using the full functions of the Website, including the ability to participate in the Community. If you elect not to provide certain required Personal Information, your use of our Website may be limited and you are not permitted to join the Community.

USAGE INFORMATION

When you visit the Website, we may collect certain kinds of Usage Information, including: (a) session cookies, which are removed upon closing your browser, and persistent cookies, which may be used by your browser on subsequent visits to the site, to uniquely identify your computer, (b) “log files” that automatically record certain information that your web browser sends whenever you visit any website, and which may include information such as your web request, Internet Protocol (“IP”) address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, and the date and time of your request, and (c) “clear GIFs” or “Web Beacons” or “Pixel Tags,” which track anonymous, aggregate online metrics and help us analyze the effectiveness and usability of our Website by measuring click-thru, email open, and/or response rates.  We may work with our service providers to help us track, collect and analyze this information.  

HOW COLLECTED INFORMATION IS USED

We use the information we collect for the following purposes:

  • To verify your identity and confirm that you are registered to participate in the Community.
  • To conduct other transactions that you request.
  • To service your account with us, respond to your questions and contact you when necessary.
  • To provide you with the full functionality of the Website and the Community, including the ability to network and collaborate with other members, including Leaders and Friends.
  • To assist us in providing better services and support.
  • To compile statistics and analysis about our customers’ use of our Website and services.
  • To help us to operate, maintain and improve our systems and our Website.
  • To enable other Community Members, Project Partners and Sponsors to communicate with persons that had previously indicated their support, subject to applicable laws.  

If, at any time, you do not agree with or consent to this Privacy Policy, your sole remedy is to elect not to register with the Website or to terminate an existing registered account.  Please be aware, however, that terminating a registered account does not obligate us to delete any Personal Information or Usage Information currently maintained in our systems, networks or servers.  We may retain your information for commercially reasonable periods of time or in accordance with specific policies or as required by law.  Information collected for a specified purpose will only be used for that purpose and, after a commercially reasonable period of time, will no longer be actively stored when that purpose has been fulfilled.  Inactive data may, however, continue to be used for statistical, marketing, archiving, and other analytical purposes.

PAYMENT INFORMATION

The Website may permit you to make a donation to a Project or Challenge  (each a “Donation”) via an embedded third party payment processor (“Payment Processor”). Please be aware that in such event, you will be providing your information to a third party website maintained and operated by the Payment Processor and will be asked to provide your personal information, along with certain financial information, such as the account number for the payment account or card from which you wish to make a Donation (“Payment Information”), directly to the Payment Processor.  We will not have access to your Payment Information.  Please make sure that you read and understand the policies and rules published by the Payment Processor at the Payment processor’s websites, available at https://stripe.com/us/help/faq, as we cannot be responsible for, or have any control over, the policies and practices of the Payment Processor.

WITH WHOM THE INFORMATION MAY BE SHARED

We may disclose the information we collect from and about you: (a) when we have reason to believe that such disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, customers or other users of our Website or the Community, or anyone else who could be harmed by such activities or as appropriate or necessary to enforce our Terms of Use, take precautions against liability, to investigate and defend against any third-party claims or allegations, and/or to protect the security or integrity of our Website or the Community; (b) to respond to judicial process and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law, or otherwise as required by law, or in the good-faith belief that such action is necessary to comply with state and federal laws; (c) to our business partners for research, analytical and marketing purposes, such as analyzing usage patterns for certain content, services, and/or functionality on the Website or the Community and/or to service providers for the purpose of processing such information on our behalf; (d) to certain third parties for administrative, technical support or other business purposes as necessary to facilitate our transactions with you, analyze our data or to maintain and improve our services; (e) to Payment Processor as necessary to process a Donation; or (f) at our discretion, to the Project Leader to whose project you expressed a wish to assist.  By providing an email address to us, you agree that we or a Project Leader to whom you make a donation may contact you using that email address. Of course, you may always choose to donate anonymously, in which case, we would not share your email address with any Project Leader.  In addition, before we share your email address with any Project Leader, we will require that the Project Leader sign a license agreement that limits its use of your email address In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your personal information is treated, transferred, or used and your personal information may be one of the transferred assets.  We do not sell your Personal Information, to third parties and have no intention of doing so in the future.  Under the laws of some jurisdictions, you may be entitled to request disclosure regarding how we share your Usage Information with third parties for direct marketing purposes (“Information-Sharing Disclosure”).  To the extent required by applicable law, we shall provide the Information-Sharing Disclosure to you upon rightful request made in writing to Beanstalk at 952 Logan St; Denver, CO 80203. Except as explained above, we will not share any of your personal information with any third party, unless we have received your express permission to do so. 

If you would prefer that we do not share your information with other Community Members, Project Leaders and Sponsors, please contact us at webteam@beanstalkfoundation.org.  If you provide such notice, we will not share your information with other Community Members, Project Leaders and Sponsors.  

LINKED SITES

Our Website, including the Community, may, from time to time, contain links to other websites which may have privacy policies that differ from our own.  We are not responsible for the collection, use or disclosure of information collected through such websites and expressly disclaim any liability related to such collection, use or disclosure. We are also not responsible for any information or content contained on such websites.  Links to other websites are provided solely as a convenience.  Your browsing, use and interaction on any other websites, including websites which have a link to our Website, are subject to that website’s own rules and policies.  Accordingly, we recommend that you review the privacy policy posted on any website that you may access through, or which links to, our Website. For the avoidance of doubt, the functionality provided on our website that enables you to connect with a Facebook, Twitter or other social networking account constitutes such a third party account. Please make sure that you have read and understand the rules and policies of such sites before registering an account at any website.

CHILDREN’S PRIVACY

This Website, including the Community, is not directed to, and we do not knowingly collect personal information from children under the age of 13.  We recommend that parents actively participate in their children’s use of the Internet.  If you are under 13 years of age, you are expressly prohibited from using or accessing our Website, including any section or function of the Community, at any time or in any manner.  If you believe that a person under 13 may have registered an account with our Website or otherwise provided Personal Information via the Community or that the Personal Information of any person under 13 has been posted or made available via the Community, please contact us at webteam@beanstalkfoundation.org.

We reserve the right to suspend or terminate your account and/or your access to our Website or Community at any time if (a) we have reason to believe that you are under the age of 13 and you have provided Personal Information without obtaining your parents’ consent; (b) we have reason to believe you have breached our Terms of Use and/or Privacy Policy or that your conduct violates applicable law or is otherwise harmful to our interests of those of any other third parties; (c) we decide to cease operation of and/or provision of any applicable products or services in connection with the Website; or (d) we have reason to believe that you are under 18 years of age and have registered an account.  We are committed to complying with the Children's Online Privacy Protection Act of 1998 (“COPPA”).  If you are under 18 years of age do not use our website

CHOICES YOU CAN MAKE ABOUT YOUR INFORMATION

By adjusting the settings in your browser, you can refuse to accept cookies or give yourself the opportunity to accept or reject cookies, or receive notice of cookies.  In addition, software programs are available that block cookies.  Please note that refusing cookies may impinge or block altogether your user experience by eliminating personalization or other features.  You can also choose to donate anonymously or request that we do not share your email address with any Project Leader.

SECURITY PROCEDURES

We take commercially reasonable precautions and have implemented commercially reasonable technical measures intended to protect against the risks of unauthorized access to, erroneous disclosure of, and unlawful interception of Personal Information submitted via our Website.  However, your email transmissions and/or other communications containing Personal Information may be unlawfully intercepted or accessed by third parties and/or our Website may be subject to hostile network attacks or administrative errors.  Accordingly, we cannot and do not guarantee the security of any information transmitted over the Internet.  Once we receive your information, we take steps that we believe are commercially reasonable to limit access to personal information about you to those employees and service providers whom we determine need access to that information to provide the requested products or services and/or other offers or opportunities that may be of interest to you.  However, even after your information is received by us, we can not guarantee that your Personal Information may not be accessed, disclosed, altered, or destroyed as a result of a breach of our commercially reasonable efforts or as a result of any other event beyond our reasonable control.  Accordingly, we cannot and do not guarantee that your Personal Information is completely secure and safe from such risks.  For the avoidance of doubt, WE expressly disclaim any representation or warranty, whether express or implied, with respect to ensuring, guaranteeing or otherwise offering any definitive promise of security in connection with your PERSONAL Information or Usage Information.

SECURITY BREACH

If we learn of a security systems breach that affects you, we may use the following methods to inform you so that you can take appropriate steps (a) posting a notice on the Website, and/or (b) making a commercially reasonable attempt to contact you by using the email addresses you provided to us when creating your account.  Additionally, depending on state law, you may have a legal right to receive notice of a security breach in writing.  In order to provide such written notice, you will need to provide us with your postal address in writing at 952 Logan St; Denver, CO 80203

SPECIAL NOTE TO INTERNATIONAL USERS

By using the Community or the Website, you agree and acknowledge that the Website is hosted in and provided from the State of Colorado, U.S.A.  If you are attempting to access the Community or the Website from a physical location within the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of the Community or the Website, you are transferring your personal information to the United States and you consent to (a) such transfer; (b) the exclusive jurisdiction of the courts of the State of Colorado; and (c) the application of the laws of the State of Colorado, U.S.A., with respect to any dispute arising from or related to these Terms of Use and/or your use of the Beanstalk Website, other than such rules, regulations, case law, and/or international treaties that would result in the application of the laws of a jurisdiction other than the State of Colorado.  Any claim or dispute between you and us that arises in whole or in part from your use of the Beanstalk, or in connection with these Terms of Use shall be decided exclusively by a court of competent jurisdiction located in the State of Colorado, U.S.A.  Each party hereby agrees that such court shall have in personam jurisdiction and venue with respect to such party, and each party hereby submits to the in personam jurisdiction and venue of such courts and waives any objection based on inconvenient forum.  EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (RISING OUT OF, UNDER OR IN CONNECTION WITH THIS PRIVACY POLICY.

CHANGES AND UPDATES TO THIS PRIVACY POLICY

From time to time, we may revise this Privacy Policy.  To help you stay current of any changes, we do the following two things: first, we note the date this Privacy Policy was last updated below, so you know if it has changed since your last visit; second, when we make a change to this Privacy Policy, we post notice of such changes on the homepage of this website for at least 30 days following the date this Privacy Policy was updated. Your use of any portion of the Website, including the Community, following the posting of any revised Privacy Policy shall be deemed acceptance of the revised Privacy Policy, so we strongly recommend that you check back periodically to review this Privacy Policy.  If, and only if, we make revisions to this Privacy Policy that result in a material lessening of the restrictions on our use or disclosure of your Personal Information, We will make a commercially reasonable attempt to obtain your consent before implementing such revisions with respect to such Personal Information.  If you disagree with the terms of any Privacy Policy at any time, your sole remedy is to terminate your use of the Website and inform us of such termination as described in this Privacy Policy.  Continued use of any portion of the Website, including the Community, constitutes your agreement to any Privacy Policy as in effect.

CONTACT INFORMATION:

If you have any questions or comments with respect to this Privacy Policy, your rights hereunder, or your opt-in or opt-out choices, please contact us at webteam@beanstalkfoundation.org