The Fund for the City of New York (the “Fund”) welcomes you to our website. This Privacy Policy (the “Privacy Policy”) applies to the Fund’s website at www.fcny.org (the “Website”).
The Privacy Policy is designed to explain the types of information obtained by the Fund through the Website and how that information is used by the Fund and/or shared with others. The examples given are intended to be for illustrative purposes only, and therefore, should not be considered to be a complete representation of the Fund’s practices.
Please review the Privacy Policy carefully. By accessing the Website, you are indicating your agreement to the Privacy Policy. This Privacy Policy applies to all information received by the Fund through your use of features on the Website, which may change over time. Such features may include an option for you to register for an event, submit an inquiry form such as a fiscal sponsorship inquiry or loan inquiry, make a nomination, apply for an open position or a fellowship, participate in a survey or request information from us. Your use of any feature on the Website indicates your agreement to the Privacy Policy as in effect at such time, and your acknowledgement that any personal information collected will be subject to this Privacy Policy. The Fund reserves the right to modify the Privacy Policy at any time, without notice. Such changes will be incorporated into this document and posted on the Website and will become effective as soon as they are posted on the Website. The current version of the Privacy Policy supersedes any prior versions.
If you have any questions about the contents of the Privacy Policy, or if you have a disability that prevents you from accessing this policy electronically and requires an alternate format (e.g., audio, large print), or if you wish to correct, update or delete your personal information, you may contact the Fund at any time by sending an email to info@fcny.org or regular mail to Fund for the City of New York, 121 Avenue of the Americas, 6th Floor, New York, NY 10013.
Information Collected From Online Forms
The Fund may collect and maintain certain personal information about you when you complete any of our online forms, such as when you register for an event, submit an inquiry form such as a fiscal sponsorship inquiry or loan inquiry, make a nomination, apply for an open position or a fellowship, participate in a survey, request information from us, or forward a web page or electronic postcard. Such information may include your name, phone number, mailing address and e-mail address,; it may also include the name, phone number, mailing address or e-mail addresses of those to whom you forward Fund electronic content or nominate for an award, and any other information collected in the forms.
If you choose not to provide us with the personal information that we require to process online forms on the Website, we may be unable to provide you with the information or services you have requested.
Information Collected from Devices
We also may collect certain information automatically from your device, which may be considered personal information under applicable data protection laws. For example, we may collect the domain name or URL from which you accessed the Website, your IP address, browser types and anonymous demographic information (such as ZIP codes), date and time you accessed each page of the Website, and the web browser you used and pages you accessed, and may use this data for system administration, troubleshooting, and to examine overall traffic trends.
Use and Disclosure of Information
We use information that is collected automatically through the Website for various purposes including, but not limited to, administration of the Website, improving the Website experience for visitors/users, market research, data analytics, security purposes, and compliance with our legal obligations and policies and procedures.
We also use information that you provide through the Website to respond to online forms submitted by Website visitors and to provide Website visitors with information about the Fund’s services. Specifically, we may use the information you provide us to respond to your inquiries and requests; register you for an event; process your fiscal sponsorship inquiry or your loan inquiry; process your nomination; process your employment or fellowship application, including assessing your qualifications for a job, conducting reference checks, and conducting background checks if we offer you a position, as permitted by applicable law; communicate with you regarding the status of an application; process other inquiries or submissions; administer or run programs, fellowships or events; compare and review your personal information for errors, omissions, and accuracy; manage compliance, fraud monitoring, and security; provide you with information relevant to programs, fellowship or other activities; send you information regarding changes to our terms and policies; and for other purposes disclosed at the time of collection or otherwise compatible with the above and applicable law. By submitting your information to us, you expressly agree that the Fund may contact you directly about the services you requested, either through e-mail or via telephone.
When you inquire about fiscal sponsorship, we use the information you provide us to evaluate your inquiry and track and evaluate our fiscal sponsorship programs generally. We may disclose your information to third parties who help us review inquiries. When uploading a resume or budget, please do not provide us with sensitive information such as social security numbers, dates of birth or salary history.
When you inquire about loan, we use the information you provide us to evaluate your inquiry and track and evaluate our loan programs generally. We may disclose your information to third parties who help us review inquiries or to government or other funders of the loan. When submitting your application, please do not provide us with sensitive information such as social security numbers, dates of birth or salary history.
When you submit a nomination for an award, we use the information you provide us to evaluate the nominee and track and evaluate our award programs generally. We may disclose the information you submit to third parties who help us review nominations. When submitting your nomination, please do not provide us with sensitive information, about yourself, your nominee, or anyone else, such as social security numbers, dates of birth or salary history.
When you apply for a fellowship, we use the information you provide to evaluate your candidacy and to track and evaluate our fellowship program generally. We may disclose your information to other third parties who help us review applicants. We may also contact your program chair, director, faculty advisor, professor or others as part of evaluating your application. When uploading a resume or submitting information, please do not provide us with your or anyone else’s sensitive information such as social security numbers, dates of birth or salary history.
When you apply for a job with the Fund, we use the information you provide to evaluate your candidacy and to track and evaluate our hiring practices generally. We may disclose your information to third parties who help us review applicants. We may also contact your references or others as part of evaluating your application. When uploading a resume or submitting information, please do not provide us with your or anyone else’s sensitive information such as social security numbers, dates of birth or salary history.
Nominations, Fellowships and Job Applications
Do not provide or allow others to provide personal information about anyone unless you, on your own behalf and on behalf of anyone whose information you provide: (a) have reviewed and agree with this Privacy Policy, and (b) are authorized to and do consent to have all data used and transferred to us. By submitting any personal information about others you represent and warrant that you received such authorization beforehand.
Sharing Your Information with Third-Parties
We will not sell, rent, or share your personal information without your permission and will treat it in compliance with applicable laws and regulations. We reserve the right to share such information in certain limited ways described below.
The Fund may share any information collected within the Fund. We may also use and share this information with third party vendors to enable those vendors to provide services to the Fund for which they have been retained and/or to enhance Website functionality. We make reasonable efforts to ensure that these parties only use personal information we provide to perform services for us and to protect such personal information in a commercially reasonable manner.
The Website’s data is processed through WordPress®. As a courtesy, WordPress’s privacy policy is here: https://wordpress.org/about/privacy/
Inquiry Forms, including fiscal sponsorship inquiry form, nominations, fellowship applications, loan inquiries and other contact forms, are generally processed through Wufoo®. As a courtesy, Wufoo’s privacy policy is here: https://www.surveymonkey.com/mp/legal/privacy/
Some forms are processed through GovOs® (formerly SeamlessDocs). As a courtesy, GovOs’s security standards can be found here: https://help.seamlessdocs.com/en/articles/2017036-security
Applications for open positions are processed through Indeed®. As a courtesy, Indeed’s privacy policy is here: https://hrtechprivacy.com/
Event registrations are processed through Wufoo®. As a courtesy, Wufoo’s privacy policy is here: https://www.surveymonkey.com/mp/legal/privacy/
We reserve the right to change any of our third-party processors without notice.
Additionally, we may use your information as we believe to be necessary or allowed: (a) under applicable law; (b) to comply with legal process and our legal obligations; (c) to respond to requests or requirements from public, law and government authorities (including national security and law enforcement requirements) and private parties; (d) to enforce our terms and conditions; (e) to protect our operations; (f) to protect our rights, privacy, safety or property, and/or that of you or others or to investigate fraud; (g) to allow us to pursue available remedies or limit the damages that we may sustain; and (h) to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical, or legally actionable activity. We also may transfer your information to a third party with your consent.
The Fund will retain your personal information on our systems for as long as we need to for business and legal purposes and in accordance with applicable legal and regulatory requirements. We may keep contact information (such as mailing list information) until a user requests that we delete that information from our live systems.
Whatever the purpose may be – whether we share with service providers or other external entities – we only process and share your personal information to the extent reasonably necessary to fulfill your requests and meet our business and legal objectives. We may also use what we know about you to potentially offer you other services in the future. We may combine your online information with information collected from offline or online sources, or information we already have for purposes including, without limitation, to better tailor and personalize our offerings and our communications with you. We may also use and disclose certain personal information to others for any purpose allowed by law.
Partner Projects
Our Website contains links to our partner projects’ websites. By clicking on a link, you will be redirected off our Website and onto partner project websites. This Privacy Policy does not apply to such partner project websites. We encourage you to read the privacy statements of these linked websites as their privacy policies may differ from this policy.
Our Website also contains links to our partner projects’ third-party donation pages. By clicking on a link, you will be redirected off our Website and onto partner project websites or the websites of their third-party payment processors. This Privacy Policy does not apply to such websites, and we are not responsible for the privacy policies or practices of such websites. We encourage you to read the privacy statements of these linked websites as their privacy policies may differ from ours. If you make a donation through any of these links using a credit card, the third-party processor will have access to your personal and payment information. But neither the Fund nor the partner project has access to your credit card details.
Our project partners are part of the Fund. Therefore, we reserve the right to share information received through this Website with our project partners.
Opting Out
If at any time you wish to stop receiving correspondence for which you have previously registered, you may request removal of your personal information from our database at any time by sending an email to info@fcny.org or regular mail to Fund for the City of New York, 121 Avenue of the Americas, 6th Floor, New York, NY 10013.
Links and Social Media
As a service to you, our website may contain links to other third-party websites, including social media sites such as Facebook®, Instagram®, LinkedIn®, or Twitter®, and other sites such as Guidestar®, media and publication websites, and governmental websites. By clicking on a link, you will be redirected off our website and onto third party websites. This Privacy Policy does not apply to such websites, and we are not responsible for the privacy policies or practices of such websites. We encourage you to read the privacy statements of these linked websites as their privacy policies may differ from ours.
Additionally, as a service to you, our website may contain embedded content from third-party platforms, which will always be identified with the provider’s name or logo. Examples include embedded videos provided by Vimeo® or YouTube®. Such embedded content is hosted by third-parties, and we may not have provided, designed or curated such content. Our Privacy Policy does not apply to such embedded content from third-party platforms, and we are not responsible for their terms or privacy policies or practices. We encourage you to read their terms and privacy policies prior to utilizing such third-party embedded content. Please note that their terms of service, privacy policies and practices may differ from ours, and they may collect and/or utilize your personal information differently than we do.
Use of Vimeo® features and content is subject to the then-current versions of the Vimeo® Terms of Service at https://vimeo.com/terms and Privacy Policy at https://vimeo.com/privacy.
Use of YouTube® features and content is subject to the then-current versions of the YouTube® Terms of Service at https://www.youtube.com/t/terms and Privacy Policy at https://policies.google.com/privacy?hl=en.
Children
The Website and the nature of our services are not intended or designed to be used by any individual under the age of 13 years. We comply with the Children’s Online Privacy Protection Act of 1998 (“COPPA”). COPPA requires that web site operators never knowingly request personally identifiable information from anyone under the age of 13 without requesting verifiable parental consent. The Fund does not knowingly collect or maintain any information about any individual under the age of 13. If you are under the age of 13 years old, you should not submit any inquiries, registrations, nominations or applications to us, or provide any personally identifiable information to us. If you are concerned about your child’s use of the Website, you may use web-filtering technology to supervise or limit access to the Website.
Information Security
We have implemented reasonable measures to protect the security of personally identifiable information that a user provides to the Fund through the use of the Website. The transmission of information via the Internet is not completely secure and as such, we cannot guarantee the security of your personal information. Any transmission of information is at your own risk.
Claims of Copyright Infringement
If you believe your work has been copied in a way that constitutes copyright infringement, please contact the Fund at info@fcny.org.
Visitors from Outside New York
Your California Privacy Rights – The California Consumer Privacy Act grants residents of California the right to request certain information regarding the disclosure of personally identifiable information to third-parties, if the information is used for the third-party’s direct marketing purposes. To make such a request, please contact the Fund at info@fcny.org.
Outside the United States – If you reside outside the United States, any information that you may provide to the Fund through the Website will be transferred out of your country and into the United States. If you do not wish for your personal information to leave your country, please do not provide such information. By providing personal information via the Website, you expressly consent to the transfer of your information to the United States.
Visitors’ GDPR Rights – If you are in the European Union, we collect and process information about you only where we have legal bases for doing so under applicable EU laws, including the General Data Protection Regulation (“GDPR”). You may have certain rights regarding the personal information we hold about you. These may include the rights to access, correct, delete, restrict or object to our use of, or receive a portable copy in a usable electronic format of your personal information. You also may have a right to lodge a complaint with your local data protection or privacy regulator. To exercise any of your GDPR rights, including to request a record of the information we have on file for you, you can send an email to info@fcny.org.
Terms of Use
By using the Website, you are agreeing to accept and comply with the terms and conditions of use as stated below (the “Terms of Use”), which may be updated by the Fund from time to time without notice to you. You should visit this page periodically to review the then-current Terms of Use. We may, in our sole discretion, terminate your access to the Website at any time and without notice, including without limitation due to any violation by you of these Terms of Use.
Limited Right of Use/Ownership of Contents
The contents of the Website are intended for the personal, noncommercial use of its users. All materials published on the Website (the “Contents”) are protected by copyright, trademark and all other applicable intellectual property laws, and are owned or controlled by the Fund or the other party credited as the provider of such Contents.
Except as specifically set forth in these Terms of Use, you may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content or software forming part of the Website in whole or in part.
Modifications to the Website
We reserve the right from time to time to make modifications and changes to the Website, including but not limited to discontinuing, temporarily or permanently, any service offered by us or through the Website, with or without notice. You agree that the Fund shall not be liable to you or to any other party for any changes and modifications to the Website.
Your Representations and Warranties
You represent, warrant and covenant that no material of any kind submitted by you or our use thereof in accordance with these Terms of use will: (i) violate, plagiarize or infringe upon the rights of any third party, including without limitation copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; (ii) contain unlawful material; (iii) constitute false or misleading indications of origin or statement of fact; (iv) slander, libel or defame any person or entity; (v) cause injury of any kind to any person or entity; or (vi) violate any applicable laws, rules, regulation or other governmental order.
Indemnification
By accessing and/or using the Website, you agree to indemnify, defend and hold harmless the Fund, the City of New York, and their respective officers, directors, employees, members, agents, partners, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including without limitation reasonable attorneys’ fees and expenses, incurred by any of the Indemnified Parties in connection with any claim arising out of a breach by you of these Terms of Use or the representations, warranties and covenants deemed made by you hereunder, materials submitted by you to the Website and/or the Fund’s use of such materials, your use of any other website or platform linked to, or embedded in, our Website, or your violation of the law. You agree to cooperate as fully as reasonably required in the defense of any claim. The Fund reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement which affects the rights of any of the Indemnified Parties or requires the taking of any action by any of them, without our prior written approval.
Limitation of Liability
You expressly understand and agree that:
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE SERVICES PROVIDED THROUGH THE WEBSITE ARE PROVIDED ON AS “AS IS”, “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY THAT ANY SERVICE PROVIDED THROUGH THE WEBSITE, OR ANY THIRD PARTY WEBSITE OR PLATFORM WHICH MAY BE LINKED TO OR EMBEDDED ON THE WEBSITE, WILL (i) MEET ANY OF YOUR REQUIREMENTS, (ii) BE TIMELY, SECURE, UNINTERRUPTED OR FREE FROM ERROR OR OMISSION, (iii) PROVIDE RESULTS OR INFORMATION THAT WILL BE USEFUL, ACCURATE OR RELIABLE, NOR THAT ANY ERRORS IN THE OPERATION OF THE SITE, INCLUDING THE OPERATION OF ANY SOFTWARE, WILL BE CORRECTED.
THE FUND HEREBY EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT AND POLICIES OF ANY THIRD PARTY WEBSITE OR PLATFORM WHICH MAY BE LINKED TO OR EMBEDDED ON THE WEBSITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY COMPONENT CONNECTED THERETO, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD (INTENTIONAL OR OTHERWISE) OF ANY SUCH MATERIAL.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE FUND SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES ARISING OUT OF OR RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE, THE SERVICES PROVIDED THROUGH THE WEBSITE, OR ANY THIRD PARTY WEBSITE OR PLATFORM WHICH MAY BE LINKED TO OR EMBEDDED ON THE WEBSITE, WHETHER SUCH DAMAGES ARE DIRECT, INDIRECT, INCIDENTAL OR OTHERWISE, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST SAVINGS, LOST OPPORTUNITY, LOST SALES, LOSS OF GOODWILL OR REPUTATION, OR ANY OTHER INTANGIBLE LOSS, AND WHETHER ARISING UNDER THEORIES OF CONTRACT, TORT OR OTHERWISE, AND REGARDLESS OF WHETHER THE FUND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES.
Miscellaneous
These Terms of Use, along with our Privacy Policy, constitute the entire agreement between us, govern your use of the Website and any services offered through the Website, and supersede any prior terms of use or other agreements concerning the subject matter hereof between us. These Terms of Use, the Privacy Policy, and the relationship between us shall be governed by, and construed and enforced in accordance with, the laws of the State of New York without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the County, City and State of New York for the resolution of any disputes arising out of or relating to these.
Date: May 27, 2022