Types of Information Collected.
Traffic Data. As is true of most websites, we automatically collect certain information when you visit our Website. This information includes: (i) IP addresses, (ii) domain servers, (iii) types of computers accessing the Website, (iv) types of web browsers used to access the Website, (v) referring/exit pages, (vi) data about usage patterns throughout the Website (e.g. click rates on different links etc.). Information of this type ("Traffic Data") is anonymous information that does not personally identify you but is helpful for us to improve the business performance and user experience of the Website.
Personal Information. In order for you to make donations through the Website, register with the Website or App, or take certain other actions on the Website (e.g. contacting us through forms, etc.) we require you to provide us with information that personally identifies you ("Personal Information"). Personal Information includes the following types of data:
- Contact Data such as name, mailing address, phone number, e-mail address, and DonorUP user-name, account number, and password
- Financial Data such as your account or credit card number
- Demographic Data such as your zip code, age, and gender
- Company Data such as your business name, size, and business type
- Activity Data such as your donation history, fundraising history, etc.
The Website also contains web beacons, which are electronic images that are used along with cookies to compile statistics so we can analyze how the Website is being used. Our e-mails may also contain web beacons so we can track how many people open the message or click on links within the message. This information helps us improve our communication and marketing efforts.
Confidentiality of Personal Information
Using Your Personal Information
We use your information in a variety of ways to help us run the Website. Here are some of the ways we use your information:
- To send you receipts
- To send you updates about the Website
- To send you updates about activity on the Website related to you
- To send newsletters
- To administer your account
- To respond to customer service inquiries
- To send marketing materials
- To improve our Website and marketing efforts
- To create a better product for the donor and nonprofit
Credit Card Information Access
Access To Personal Information
We share your Personal Information with other business partners who assist us in performing core services (such as hosting, data storage, and security) related to the operation of the Website. These business partners only use your Personal Information to perform these core services, which are necessary for the orderly operation of the Website.
Terms of ServiceLast Updated: 02/23/2018
We may update these Terms from time to time. If we do so, we will notify you by posting the date of the last change or amendment at the top of this page. You agree that this method of notice is sufficient and that you will regularly check these Terms to see if updates or changes have been made.
The purpose of the Services is to help nonprofit organizations raise money, but we do not pick or endorse organizations or any of their campaigns or causes. We merely provide a technology platform to allow fundraisers to connect with donors. The existence of the Services is not a solicitation of donations by DonorUP, and DonorUP does not engage in any solicitation activities, or consult on the solicitation of contributions from the public, on behalf of any nonprofit organization. By using the Services, you understand and agree that DonorUP shall not be responsible for the use of your donations or the amount of funds raised for your nonprofit.
Our matching algorithms are merely based on keyword matching, and we are not promoting or endorsing any specific nonprofits. It is up to the donor to conduct any necessary due diligence before making a monetary contribution. We provide a link to the website of the nonprofit to assist them in this process. The matches merely show that there is a connection in background or interest between the donor and nonprofit.
Updates To The Terms
1.0 Updates. We may update or change the Terms from time to time. Amendments will only apply prospectively. A given amendment will not apply to claims arising before, or arising from facts occurring before, the point in time when that amendment was published to the Website. We will let you know that the Terms have been updated or changed by publishing the date of the last amendment at the top of this page. You agree that this method of notice is sufficient and that you will regularly check these Terms for updates or changes.
2.0 IP Protection. The Website, its forward facing components (images, designs, text, arrangements of the foregoing, etc.), its various features and services, and all underlying software and code belong exclusively to us. You understand and agree that your use of the Website in no way gives you any right, title, or interest in the Website or our intellectual property. The Website and its various component parts are protected by copyright law, trademark law, trade secret law, and other laws germane to the protection of intellectual property rights.
2.1 Prohibited Activities. You agree to use the Website and the features and services provided through the Website only as they are obviously intended to be used. All other uses are strictly prohibited. You agree not to (and not to encourage a third party to) disassemble, reverse engineer, or otherwise attempt to discover, copy, or transmit, any source code underlying the Website or the software, features, or services provided therein.
2.2 Your Content. By posting, uploading, or transmitting content or information to, or through, the Website you grant us a nonexclusive, irrevocable, worldwide, sub-licensable (through multiple-tiers), royalty-free license to copy, store, transmit, publish, publicly display, publicly perform, and otherwise use this content or information to operate the Website as we reasonably see fit. You warrant that you have the authority to grant such license.
General User Warranties
3.0 User Warranties. By accessing, using, or registering with the Website you represent, warrant, and irrevocably covenant that:
- You have the authority to accept these Terms.
- Your decision to accept these Terms and your use of the Website will not violate any applicable law, regulation, or ordinance.
- Your decision to accept these Terms and your use of the Website will not infringe the rights of any third parties.
- You will at all times supply truthful and accurate information to us and you will not misrepresent yourself to the public through your use of the Website.
- You will never use the Website, or any services we provide to you, in a manner that violates the law or the legal rights of a third party.
- You are at least 13 years of age if you are using the Website and have the consent of a parent or legal guardian if you are under 18 years of age.
4.0 International Use. This Website is not intended for use by nonprofit organizations organized under the laws of countries other than those of the United States of America. You represent, warrant, and irrevocably covenant that you will refrain from making financial transactions through the Website if you (i) are located in a country embargoed by the United States or (ii) are on the U.S. Treasury Department's list of Specially Designated Nationals. If you choose to use this Website, you are solely responsible for compliance with all applicable local laws and you consent to having your data transferred, processed, and stored in the United States.
5.0 Fees. Nonprofits pay us a transaction fee to use the Website. Fees per transaction are 5% PLUS a WePay payment processing fee of 2.4% and 30 cents. WePay is our Payment Processor and provides necessary account verification and fraud protection. While these fees are in line with other donation processing software, we are running a special promotion to waive the 5% fee. Please reach out to [email protected] for more information or simply register on our website and we will provide additional information on this promotion. By accepting the DonorUP Terms, you are accepting the WePay terms of service as well.
7.0 Availability of Service. As the provider of the Website, we reserve the right to discontinue (i) the Website, in whole or in part, (ii) any features or services provided by or through the Website, or (iii) your account with the Website, for any or no reason, without notice to you.
8.0 Waiver of Warranties. We disclaim all warranties, express, implied, statutory, or otherwise, concerning the Website to the fullest extent allowed by applicable law. This waiver includes, but is not limited to, all warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy of information. We make no warranties concerning continuity of service, the security of the Website, or that the Website will be error free. We offer the Website and the features and services contained therein "AS IS" and "WITH ALL FAULTS."
8.1 Release. You hereby release us, our successors and assigns, our affiliates, and each of the foregoing's respective directors, officers, owners, employees, and agents (collectively, the "Releasees") from any and all liability, costs, expenses, losses, damages (including damage to property or personal injury or death), and claims, whether known or unknown, which may arise from (i) you hosting, participating in, attending, or authorizing an event posted on the Website (including events you authorize your supporters to advertise on the Website) or (ii) from the acts or omissions of third parties you interact with through the Website (collectively the "Released Claims").
8.2 Limitation of Liability. Neither we nor our officers, directors, owners, employees or agents, will be liable to you for special, consequential, indirect, punitive, exemplary or incidental damages (including lost revenues or profits, or loss of goodwill), regardless of the cause, legal theory, or cause of action, even if we have been advised of the likelihood thereof. Our aggregate liability, together with the liability of our officers, directors, owners, employees and agents, arising out of these Terms and your use of the Website (when aggregated with all other claims against us arising out of these Terms and your use of the Website), regardless of the type of claim(s) or the nature of the cause(s) of action, will not exceed the greater of (i) one hundred U.S. Dollars ($100) or (ii) the net amount we have been paid from transaction fees arising from transactions you have made through the Website in the twelve (12) months immediately preceding the event giving rise to your claim(s). You acknowledge that the foregoing limitations are an essential basis of the bargain we have reached and that they will apply notwithstanding any failure of essential purpose of any limited remedy.
8.3 Indemnification. You agree to hold the Releasees harmless and to defend and indemnify each of them for all costs, expenses (including reasonable attorney's fees), damages, and liability from third party claims, which arise from, or relate to, your use of the Website or your breach of these Terms. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.
9.0 Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of Delaware, as such laws are applied to agreements made between Delaware residents and performed entirely within the State of Delaware, and without regard to conflicts of laws principles.
9.1 Forum. The exclusive jurisdiction and venue for any disputes which may arise out of, or relate to, these Terms or your use of the Website will be the state and federal courts located in New York, New York. You hereby expressly and irrevocably consent to the personal jurisdiction and venue of such courts.
9.2 No Joint Venture. These Terms do not create, and shall not be construed to create, a joint venture, partnership, or other formal business relationship between you and us. At all times we shall remain independent contractors with respect to one another.
9.3 No Assignment. You have neither the right nor the power to assign your rights under these Terms. Any purported assignment of your rights under these Terms will be NULL AND VOID.
9.4 Entire Agreement. These Terms contain the entire agreement between you and us, they are a complete integration of our agreement and supersede and displace any earlier or contemporaneous written or oral negotiations, statements, or agreements purporting to deal with the subject matter hereof.
9.5 Severability. If any provision of the Terms is found to be unenforceable, invalid, or illegal by a court of competent jurisdiction, this finding shall not render any other provision of the Terms unenforceable, invalid, or illegal. We both agree that the court will have the authority to modify or replace the unenforceable, invalid, or illegal provision with a valid and enforceable provision that most closely represents our intentions with respect to the unenforceable, invalid, or illegal, provision.
9.6 No Waiver. Any delay on your part, or on our part, to exercise a right or power granted under these Terms will not be construed as a waiver of such right or power. All waivers must be in writing and a waiver of any particular breach will not be construed as a waiver of any other breach, or any succeeding breach.
9.7 Survival. The provisions of the sections of these Terms titled "Intellectual Property," "Liability," and "General" will survive termination.
9.8 Headers. The headers contained within these Terms are for convenience of reference only. They should not be interpreted to modify the plain meaning of the various provisions of these Terms.
9.9 Attorney’s Fees. If a dispute arises out of these Terms or your use of the Website then the prevailing party in any litigation will be entitled to recover all costs and expenses (including reasonable attorney's fees) incurred as a result of that litigation.