Data Protection and Privacy Policy


GivenGain operates several websites including givengain.com and givengain.org. It is GivenGain's policy to respect your privacy regarding any information GivenGain may collect while operating its websites as GivenGain takes the protection of your data seriously in all of its processing.

Consent

IT WILL BE VERY DIFFICULT AND IN SOME CASES EVEN IMPOSSIBLE FOR GIVENGAIN TO PROVIDE YOU SERVICES IF YOU REFUSE TO ALLOW GIVENGAIN TO PROCESS YOUR DATA. FOR THIS REASON, BY PROVIDING GIVENGAIN WITH YOUR DATA, YOU EXPLICITLY AGREE TO THE PROCESSING OF YOUR DATA FOR THE PURPOSES MENTIONED HEREINAFTER AND TO BE LEGALLY BOUND BY AND EXPLICITLY CONSENT TO THIS DATA PROTECTION AND PRIVACY POLICY, AS IT MAY BE AMENDED FROM TIME TO TIME. IF YOU DO NOT AGREE TO THIS DATA PROTECTION AND PRIVACY POLICY OR CANNOT FORM A LEGALLY BINDING CONTRACT, YOU ARE NOT PERMITTED TO PROVIDE GIVENGAIN WITH ANY DATA.

YOU MAY DELETE YOUR ACCOUNT ON GIVENGAIN’S WEBSITES AT ANY TIME BY LOGGING INTO YOUR ACCOUNT AND DELETING YOUR PROFILE (UNDER 'SETTINGS', THEN 'ACCOUNT', THEN CLICK 'DELETE ACCOUNT' AT THE BOTTOM OF THE PAGE). IF YOU HAVE PROVIDED GIVENGAIN WITH OTHER DATA IN ADDITION TO THOSE AVAILABLE ON YOUR ACCOUNT, YOU ALSO HAVE THE RIGHT TO WITHDRAW YOUR CONSENT TO THE PROCESSING OF SUCH DATA AT ANY TIME BY CONTACTING THE DATA PROTECTION OFFICER AT PRIVACY@GIVENGAIN.COM. SHOULD YOU WITHDRAW YOUR CONSENT TO THE PROCESSING OF YOUR DATA, YOU ARE HEREBY INFORMED THAT SUCH WITHDRAWAL MAY PREVENT GIVENGAIN FROM PROVIDING ALL OR CERTAIN OF ITS AVAILABLE SERVICES. THIS DATA PROTECTION AND PRIVACY POLICY IS WITHOUT PREJUDICE OF YOUR RIGHT TO LODGE A COMPLAINT WITH A SUPERVISORY AUTHORITY, IF NECESSARY.

Data controller, data controller’s representative and Data Protection Officer

The GivenGain Foundation, Avenue Centrale 85, 1884 Villars-sur-Ollon, Switzerland is the data controller and Johannes van Eeden is the data controller’s representative.

Marc Freudweiler is the data protection officer. You can contact him by sending an email at privacy@givengain.com.

Scope of this Data Protection and Privacy Policy

This Data Protection and Privacy Policy applies to the services offered by GivenGain through its websites.

This Data Protection and Privacy Policy does not apply to services offered by other companies or individuals. This Data Protection and Privacy Policy does not cover the activities performed by other companies and organizations who advertise GivenGain’s services or any third party operating any website to which GivenGain’s websites may contain a link.

Data collected and purposes of the collection

Non-personal data

Like most website operators, GivenGain collects from visitors of GivenGain’s websites non-personal data of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site and the date and time of each visitor request. GivenGain's purposes in collecting such non-personal data are to optimize users’ experience of the GivenGain’s websites and render them more user-friendly, better understand how visitors use GivenGain’s websites and analyze their behavior for statistical purposes, for example by monitoring the most popular service accounts on the GivenGain’s websites. From time to time, GivenGain may release non-personal data in the aggregate, e.g., by publishing a report on trends in the usage of its websites. GivenGain may display this information publicly or provide it to third parties.

Personal data

Certain users of GivenGain's websites choose to interact with GivenGain in ways that require GivenGain to gather personal data. GivenGain does not collect and process more personal data than is necessary to fulfill the purposes for which personal data is collected and processed. The amount and type of personal data that GivenGain gathers depends on the nature of the interaction, as detailed below.

  • Registered users: users who sign up on GivenGain’s websites are required to provide a username and email address for identification purposes. GivenGain also collects Internet Protocol (IP) addresses for security reasons.
  • Donations: when you make a donation to a charity on GivenGain, whether directly on the charity page or on a fundraising page, GivenGain collects a variety of personal data about you in order to properly process your donation. This personal data may include your name, address, phone number, email address, the message you have written to the charity or fundraiser and the donation amount. GivenGain shares this information with the charity(ies) to whom you have designated your donation so that the charity can enter you into their database of supporters. GivenGain encourages you to review the privacy policy of a particular organization before making a donation.
  • Transactions with GivenGain: those who engage in transactions with GivenGain (e.g. representative of the charities making payments on behalf of the charities) are asked to provide additional information, including the personal and financial information required to process those transactions. In each case, GivenGain collects such information only insofar as is necessary or appropriate to fulfill the purpose of the data subject's interaction with GivenGain.
  • Support: if you send GivenGain a request (for example via a support email or via one of GivenGain feedback mechanisms), GivenGain reserves the right to publish it in order to help GivenGain clarify or respond to your request or to help GivenGain support other users.
  • Legal and other purposes: GivenGain may process personal data (a) to the extent necessary for compliance with a legal obligation to which GivenGain is subject, (b) to respond to requests from competent public and government authorities, (c) to perform a task carried out in the public interest, (d) to enforce this Data Protection and Privacy Policy and (e) to protect GivenGain’s legitimate interests (in such a case, GivenGain will disclose to you the legitimate interests at stake).

GivenGain will not rent or sell personal data to anyone and will ask your consent before using personal data for a purpose other than those set out in this Data Protection and Privacy Policy, subject to mandatory laws.

Requests

You have the right to access and update your personal data at any time through your account on GivenGain’s websites.

In addition and to the extent applicable, you are entitled to submit a request to the Data Protection Officer in order to:

  • have access to your personal data and obtain information in relation thereto (i.e. purposes of the processing, categories of personal data concerned, recipients to whom personal data have been or will be disclosed, etc.);
  • rectify your personal data;
  • erase your personal data, unless retention of personal data is required by any applicable law or competent court or authority;
  • restrict or object to the processing of your personal data; and
  • receive, or request GivenGain to transmit to another designated person or entity, your personal data in a structured, commonly used and machine-readable format.

To exercise any of the abovementioned rights, please contact the Data Protection Officer at privacy@givengain.com, who will subsequently confirm you the execution of your request.

If requests are manifestly unfounded or excessive, in particular because of their repetitive character, GivenGain reserves its right to either charge a reasonable fee taking into account the request or refuse to act on the request.

Without prejudice of non-personal data, GivenGain and/or the Data Protection Officer may request the provision of additional information to confirm the identity of the data subject if they have reasonable doubts concerning the identity of the person making the request.

Duration of storage

General and personal data will be kept by GivenGain only as long as it is necessary for the purposes for which they have been provided, unless retention of data is required by any applicable law or competent court or authority or for statistical or archiving purposes.

Location of storage

  • User data: your user information (i.e. name, email address, etc.) are stored in GivenGain’s servers which are located in a third party provider’s data center in Ireland. Furthermore, users information is backed up in an encrypted way in Switzerland on an external hard disk which is deposited once a week into a bank vault.
  • Credit card credentials: whenever you make a payment through GivenGain’s websites, credit card credentials are stored with GivenGain’s acquiring partner, Wirecard Bank, in Germany.

Security measures

GivenGain has taken and will maintain appropriate technical and organizational security measures in particular to protect your personal data against unauthorized or unlawful processing, accidental loss, destruction or damage and ensure the ongoing confidentiality, integrity, availability of personal data and resilience of the systems and services used for processing of personal data. GivenGain will test and review the efficiency of the implemented technical and organizational measures on a regular basis.

GivenGain’s staff

Your personal data will be made available only to the members of GivenGain’s staff who need to have access to such personal data to perform the purposes for which personal data have been provided. Such members of GivenGain’s staff have been instructed with respect to and have committed to comply with the contractual and legal data protection obligations.

Your obligations

You must ensure that data you provide GivenGain with are:

  • correct;
  • accurate;
  • current;
  • truthful; and
  • compliant with any applicable laws.

In particular, since GivenGain will mainly use email communications with you, you are required to notify GivenGain or the Data Protection Officer of any modification of your email address. Alternatively, you can directly update your contact profile on your account.

Insofar as you provide GivenGain with personal data about third parties, you represent and warrant that you have the right to share this personal data and where necessary have obtained sufficient informed consent from such persons and provided them with all necessary information, as may be required by applicable law or agreement, for GivenGain to store and process any such personal data.

Disclosure of your data

To accomplish the purposes mentioned in this Data Protection and Privacy Policy, your personal data may be disclosed to other entities, including to entities located in countries whose data protection laws may be different from, and less stringent than, those in your country of residence and for which there is no decision of adequacy of the EU Commission considering that the relevant country ensures an adequate level of protection for personal data. You hereby agree and give your consent to GivenGain to transfer and communicate your personal data as follows:

  • Transfers to affiliated companies: GivenGain may disclose your data to its offices, which are located in the USA, UK, South Africa and Switzerland.
  • Transfers to third parties: GivenGain may disclose your data to its third-party contractors located in the USA, UK, South Africa, Australia, Germany, Czech Republic and Switzerland that need to have access to such data in order to process it on GivenGain's behalf or to provide services available at GivenGain's websites, in particular to charities, payment processors, IT service providers, customer support providers, auditors and lawyers. A complete and detailed list of up-to-date third-party service providers is available upon request at privacy@givengain.com. Third-party contractors have executed agreements with GivenGain requiring in particular that they abide by the rules of the applicable data protection laws, in particular the EU General Data Protection Regulation 2016/679, and comply with any instruction they receive from GivenGain, as data controller, regarding personal data.

Newsletter

If you are a registered user of a GivenGain website and have supplied your email address, GivenGain may occasionally send you an email to tell you about new features, solicit your feedback or just keep you up to date with what's going on with GivenGain and its services. GivenGain primarily uses GivenGain.com to communicate this type of information, so GivenGain expects to keep this type of email to a minimum.

You may opt-out from receiving GivenGain’s emails by logging in to your account, navigating to Settings > Account , scrolling to the bottom of the page, unchecking "I agree to receive communication from GivenGain" and clicking the "Save" button. Please also note that if you do opt-out of receiving messages from GivenGain, GivenGain may still send you important administrative messages and you cannot opt-out from receiving such administrative messages.

Cookies

A cookie is a string of information that a website stores on a visitor's computer, and that the visitor's browser provides to the website each time the visitor returns. GivenGain uses cookies to help GivenGain identify and track visitors, their usage of the GivenGain website, and their website access preferences. GivenGain visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using GivenGain's websites, with the drawback that certain features of GivenGain's websites may not function properly without the aid of cookies.

Ads

This Privacy does not regulate the use of cookies by any advertisers. GivenGain nonetheless informs you that ads appearing on any of GivenGain’s websites may be delivered to users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you.

Google User Data

You can connect your Google and GivenGain accounts. When you do this, GivenGain uses the full name, e-mail address and picture (if any) from your Google account to update your GivenGain account details. You also have the option to explicitly grant GivenGain access to your Google Photos in order to display any of your public galleries on your public fundraiser project page.

Facebook User Data

You can connect your Facebook and GivenGain accounts. When you do this, GivenGain uses the full name, e-mail address and picture (if any) from your Facebook account to update your GivenGain account details. You also have the option to explicitly grant GivenGain access to your Facebook photos in order to display any of your public galleries on your public fundraiser project page.

Data Protection and Privacy Policy Changes

GivenGain may change its Data Protection and Privacy Policy from time to time and in GivenGain's sole discretion, in particular to comply with statutory data protection and privacy laws. GivenGain encourages users to frequently check this page for any changes to this Data Protection and Privacy Policy. If you have a GivenGain account, you should also check your account dashboard for alerts to these changes. Your continued use of GivenGain’s websites after any non-significant change to this Data Protection and Privacy Policy will constitute your acceptance of such change.

If the changes are significant (e.g. your personal data will be processed for new purposes), GivenGain will require your consent during your next visit on GivenGain’s website. GivenGain will not be able to provide you with all or part of its services as long as you have not accepted the amended terms.

Contact

If you need further assistance, please contact the Data Protection Officer at privacy@givengain.com or by visiting GivenGain’s website and clicking on “Contact us” to submit your inquiry.