Privacy Policy and Terms of Use

Welcome to the Nathan Cummings Foundation (“NCF”) website.  These Terms of Use (“Terms”) set forth the terms and conditions for your use of the website www.nathancummings.org (the “Site”).

Please read these Terms carefully.  By using the Site, you agree to be bound by and comply with the Terms, which may be updated from time to time without notice to you.

If you do not agree to these Terms, please do not use the Site.

Privacy

These Terms incorporate by reference NCF’s Privacy Policy.  Please read the Privacy Policy carefully as you agree to its terms when you use the Site.

Website Content

All of the content featured or displayed on the Site (“Content”) is protected by copyright law and owned by NCF, its licensors and/or its Content providers.

You may make a single copy of the Content for non-commercial personal use, provided that you may not remove any copyright, trademark or other proprietary notices from Content on the Site.  If you wish to use to use the Content in any other manner, please email contact@nathancummings.org.

Trademarks

“NATHAN CUMMINGS FOUNDATION” and other trademarks featured on the Site are trademarks owned by NCF or its licensors (“Our Trademarks”).  You may not use Our Trademarks without written authorization from us or our licensors, as applicable.  Additionally, you may not use Our Trademarks (A) in connection with any product or service that does not belong to us; (B) in any manner that is likely to cause confusion about whether we are the source, sponsor, or endorser of a product, service, or activity; or (C) in a manner that may damage our reputation.

Links to Third-Party Websites

The Site may contain links to websites controlled by third parties (“Third-Party Websites”).  We are not responsible for Third-Party Websites or their content, goods, services, activities or privacy practices.  Any information you share or actions you take on Third-Party Websites are governed by the Third-Party Websites’ terms of use and privacy statements, which you should review carefully.  The inclusion of links on our Site does not imply our endorsement of Third-Party Websites, their content, goods, services, or activities.  We make no representation or warranty whatsoever about the nature of Third-Party Websites and if you decide to access any other websites linked to or from this Site, you do so entirely at your own risk.

Frames and Metatags

Unless you obtain our prior written consent in each case, you may not: (A) frame the Content on any other website; or (B) use metatags or any other “hidden text” that incorporates Our Trademarks, marks confusingly similar to Our Trademarks, or our name.

Disclaimers

THE SITE AND ALL SERVICES, CONTENT, AND LINKS AVAILABLE THROUGH IT ARE AVAILABLE “AS IS” AND “AS AVAILABLE.”  WE DO NOT WARRANT THAT THE SITE OR ANY OF THE SERVICES, CONTENT, AND LINKS AVAILABLE THROUGH IT WILL BE UNINTERRUPTED OR ERROR-FREE.  THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN CONTENT OR SERVICES AVAILABLE THROUGH THE SITE.  WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, OR NON-INFRINGEMENT OF ANY CONTENT OR SERVICES AVAILABLE THROUGH THE SITE OR CONTENT, GOODS, OR SERVICES AVAILABLE THROUGH LINKS TO THIRD-PARTY WEB SITES.  WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SITE, ITS CONTENT AND OUR SERVICES.  IF YOU RELY ON THE SITE AND ANY CONTENT OR SERVICES AVAILABLE THROUGH IT, YOU DO SO ENTIRELY AT YOUR OWN RISK.

TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SITE AND ANY CONTENT, INFORMATION, GOODS, OR SERVICES THAT ARE AVAILABLE THROUGH IT, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE HAS BEEN DISCLOSED).

ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES,” OR OTHER MALICIOUS CODE TO THE SITE, WE DO NOT GUARANTEE OR WARRANT THAT THE SITE, OR SERVICES OR CONTENT THAT MAY BE AVAILABLE THROUGH THE SITE, ARE FREE FROM SUCH DESTRUCTIVE FEATURES.  WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.

Limitation of Liability

NCF AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES ARE NOT LIABLE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON LOSS OR INJURY BECAUSE OF ERRORS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES IN THE SITE OR ANY SERVICES OR CONTENT AVAILABLE THROUGH IT INCLUDING LOSS OR INJURY THAT RESULTS FROM YOUR BREACH OF ANY PROVISION OF THESE TERMS.

UNDER NO CIRCUMSTANCES WILL NCF OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES AVAILABLE THROUGH THE SITE OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR ANY OTHER LEGAL OR EQUITABLE THEORY.  OUR AGGREGATE LIABILITY TO YOU FOR ANY USE OF, OR INABILITY TO USE, THE SITE, SERVICES, OR CONTENT IS LIMITED TO $100.  SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, hold harmless, and defend (only if requested) NCF and its directors, officers, employees, agents, and representatives against all liabilities, losses, damages, and costs (including reasonable attorneys’ fees) that the indemnified parties may incur based on claims arising out of your use of the Site or violation of these Terms.  We reserve the right to assume the exclusive defense and control of any matter for which we are entitled to indemnification.  You agree to provide us with cooperation we may reasonably request.

Changes to the Terms

We may change these Terms from time to time by posting an updated version on this webpage, or, if we determine that it is appropriate, we may provide other notice to you.

General

These Terms (which includes the Privacy Policy) are the complete agreement between you and NCF regarding your use of the Site and is governed by applicable federal laws and the laws of the State of New York applicable to agreements made and completely performed there.  You irrevocably agree to bring any claim or dispute relating to your use of the Site and these Terms exclusively in the state and federal courts located in New York City, New York, to submit to the exclusive jurisdiction of those courts, and to waive any jurisdictional, venue, inconvenient forum, or other objections to those courts.  Section titles and headings are for convenience only and have no legal or contractual effect.  The failure of NCF to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.  If a court of competent jurisdiction determines that any provision of these Terms is unenforceable for any reason, then that provision will be deleted and the remaining provisions will be enforceable to the fullest extent permitted by law.

Questions

Please email contact@nathancummings.org with any questions you may have about these Terms. 

PRIVACY POLICY

The Nathan Cummings Foundation (“NCF”) is committed to protecting your privacy.  This Privacy Policy, which is part of our Terms of Use [Link to Terms of Use], describes the information we collect through our website www.nathancummings.org (the “Site”), how we use and share it, and how you can make choices about our use of that information.

Please note that this Privacy Policy may be amended from time to time, so please check back regularly.  By using the Site after we have posted an updated Privacy Policy, you agree to that updated Privacy Policy.

By using the Site, you consent to our collection, use, and sharing of information as described in this Privacy Policy.

Information We Collect

Information You Provide to Us

You can browse the Site without submitting any personally identifiable information (“Personal Information”) to us. We collect Personal Information, such as your name, email address, mailing address, and other information, when you voluntarily provide it to us. Below are the most common ways in which you would provide your Personal Information:

• When you sign up to receive email newsletters from us
• When you participate in the Eligibility Quiz or other surveys
• When you register for and/or participate in our programs, activities, initiatives, and events
• When you contact us to request information or assistance
• In conjunction with processing your LOI or grant application
• If you interact with the Site or NCF through social media
• If you submit job application materials
• In conjunction with any other place on the Site where you knowingly volunteer Personal Information

Information Automatically Collected 

We may also collect information about users when you interact with the Site.  This includes the IP address of the device you use to access the Site, the browser type, the time and date of visits to the Site, and the website that referred or linked you to the Site.  We may use this information to analyze how visitors use our Site so we can improve the quality of the information and services we provide.

We or our Service Providers (as defined below) may collect some of this information through cookies, web beacons, pixel tags, clear gifs or similar technologies.  These technologies are used for anonymous tracking across a web session on the Site.

We do not use information automatically collected by the Site to identify visitors individually except in circumstances where we may deem it necessary in connection with legal process or to protect our rights or the rights of a third party as further described below.

How We Use Your Information

We will use your Personal Information for the following purposes:

• To send you information about news, events, or opportunities that we think may be of interest to you
• To respond to inquiries from you and communicate with you if you participate in NCF programs, activities, initiatives, and events
• To communicate with you about an Eligibility Quiz, LOI, or grant application
• To communicate with you about a job application
• To ensure and improve the quality of our Site
• To improve the content or our Site and research related to our grantmaking
• To notify you about substantive changes to our privacy practices
• To detect, investigate, and protect against any activities that may violate our policies or the law and to establish, defend against, or enforce any related claims

How We Share Your Information

We do not rent or sell your Personal Information to any third parties.

We may share your Personal Information with our third party service providers (“Service Providers”) that help us operate and provide services in connection with the Site.

We may use independent contractors or consultants to perform services for NCF. These individuals and entities may have access to Personal Information only as needed to perform their functions and are contractually obligated to maintain the confidentiality of any Personal Information collected from the Site.

We also reserve the right to disclose and use Personal Information and other information in special circumstances, including to enforce this Privacy Policy or any other part of our Terms, to comply with legal process or law enforcement, to address actual or suspected illegal activity, to protect our property or rights, to protect the rights and safety of anyone, or for other reasons we determine in good faith are necessary, appropriate, or required by law.  If we ever merge with, are acquired by, or otherwise consolidate with another organization, Personal Information may be transferred along with our other assets.

Third-Party Web Sites

The Site may contain links to third-party web sites (“Third-Party Sites”).  Third-Party Sites may collect information about you when you interact with them through links on our Site.  If you follow any link to a Third-Party Site, you should review those sites’ privacy policies to find out how they protect your privacy.  We are not responsible for Third-Party Sites or their privacy practices.

Record Retention

We will keep your Personal Information for as long as we need it, or as otherwise prescribed by law, for the purposes set out in this Privacy Policy.

Security

We use reasonable efforts to safeguard your Personal Information.  All traffic on the Site is encrypted with an SSL Certificate, including transmission of Personal Information to the Site.  Of course no transmission over the Internet can be guaranteed to be 100% secure, so you provide your Personal Information at your own risk.

Location of Servers and Transfer of Information

Information collected through the Site will be accessed and processed in the United States.  In addition, your information may be transferred outside the United States by our Service Providers with locations in other countries.  By using the Site and providing your Personal Information to us, you consent to this transfer and to the collection, storage, processing and use of your Personal Information both within and outside of the United States.

Your Choices Regarding Our Use of Your Personal Information

If you wish to review, update, correct, or remove the information we have for you, please email contact@nathancummings.org.

If you no longer wish to receive communications from us, you can also unsubscribe by clicking on the “unsubscribe” button in any email communication you receive from us.

Do Not Track (DNT) Requests

Some browsers have incorporated Do Not Track (“DNT”) preferences.  As there is not yet an industry-standard DNT protocol on how to interpret DNT signals, we do not honor DNT signals from browsers at this time.  However, you may refuse or delete cookies to prevent some tracking activities.

Children

The Site is directed at an adult (i.e. 18 and over) audience and we do not knowingly collect information from or about children.

Changes to this Privacy Policy

NCF reserves the rights to modify this Privacy Policy from time to time without notice to you.  If we make substantial material changes to our Privacy Policy, we will notify you.  NCF may update this Privacy Policy by posting a new version on this webpage.

Contact Us

For any questions you may have about this Privacy Policy or our data practices please email contact@nathancummings.org.