Effective Date: January 1, 2020
The Arc of El Paso (“The Arc”) values your privacy whether you are a casual visitor, a registered member, a donor, a constituent, or a professional provider (“you” unless the context applies to a specific category such as donor). In this Privacy Notice (“Notice”), we describe how we collect, use, and disclose information that we obtain through our website www.thearcofelpaso.org and related sites linking this Notice (individually and collectively, the “Site”), the services available through our Site (collectively, the “Services”), and how we use and disclose that information. This Notice applies only to the Site and not to the websites associated with The Arc of Texas or The Arc of The United States.
By visiting the Site or using any of our Services, you agree that your personal information will be handled as described in this Notice. Your use of our Site or Services, and any dispute over privacy, is subject to this Notice and our Terms of Service, including its applicable limitations on damages and the resolution of disputes. The Terms of Service are incorporated by reference into this Notice.
WHAT INFORMATION DO WE COLLECT ABOUT YOU AND WHY?
We may collect information about you directly from you and from third parties, as well as automatically through your use of our Site or Services.
When you sign up to receive updates from The Arc or donate to The Arc, , we ask you to fill out a form that requests your name, address and e-mail address, and telephone, as well as some demographic information such as gender, age, and depending on the context some information about your family. We also may collect additional optional information from you, including for example payment details from donors and credentials/experience information from professional providers.
When you visit our Site (for example, www.thearcofelpaso.org) we automatically log your IP address, your browser type and your access times. We utilize this information to conduct Site performance evaluations, to see where visitors are coming from and to keep track of click stream data (the screens our users visit on our Site). This data helps us to determine what content our website visitors find most appealing so that we can maximize your usage of the Site. To opt out of the collection of this demographic information from Google Analytics Demographics and Interest Reporting, you can use the .
We may also automatically collect the following information about your use of our Site or Services through cookies, web beacons, and other technologies: your domain name; your browser type and operating system; web pages you view; links you click; your IP address; the length of time you visit our Site and or use our Services; and the referring URL, or the webpage that led you to our Site. We may combine this information with other information that we have collected about you, including, where applicable, your user name, name, and other personal information. Please see the section “Cookies and Other Tracking Mechanisms” below for more information.
Currently, our systems do not recognize browser “do-not-track” requests. You may, however, disable certain tracking as discussed in this section (e.g., by disabling cookies); you also may opt-out of targeted advertising by following the instructions in the Third Party Ad Network section.
Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Site and Services, while others are used to enable a faster log-in process or to allow us to track your activities at our Site and Service. The ability to select or download information on our Site is not cookie-driven. There are two types of cookies: session and persistent cookies.
· Session cookies exist only during an online session. They disappear from your computer when you close your browser or turn off your computer. We use session cookies to allow our systems to uniquely identify you during a session or while you are logged into the Site. This allows us to process your online transactions and requests and verify your identity, after you have logged in, as you move through our Site.
· Persistent cookies remain on your computer after you have closed your browser or turned off your computer. We use persistent cookies to track aggregate and statistical information about user activity, and to display advertising both on our Site and on third-party sites.
Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to our Site who disable cookies will be able to browse certain areas of the Site, but some features may not function.
We may use Flash Local Storage Objects (“Flash LSOs”) to store your Site preferences and to personalize your visit. Flash LSOs are different from browser cookies because of the amount and type of data stored. Typically, you cannot control, delete, or disable the acceptance of Flash LSOs through your web browser. For more information on Flash LSOs, or to learn how to manage your settings for Flash LSOs, go to the Adobe Flash Player Help Page, choose “Global Storage Settings Panel” and follow the instructions. To see the Flash LSOs currently on your computer, choose “Website Storage Settings Panel” and follow the instructions to review and, if you choose, to delete any specific Flash LSO.
Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags), in connection with our Site to, among other things, track the activities of Site visitors, help us manage content, and compile statistics about Site usage. We and our third party service providers also use clear GIFs in HTML e-mails to our customers, to help us track e-mail response rates, identify when our e-mails are viewed, and track whether our e-mails are forwarded.
HOW WE USE YOUR INFORMATION
We use your information, including your personal information, for the following purposes:
· To provide our Services to you, to communicate with you about your use of our Services, to respond to your inquiries or request for a referral, to process your donations, and to fulfill your orders.
· To tailor the content and information that we may send or display to you, to offer location customization, and personalized help and instructions, and to otherwise personalize your experiences while using the Site or our Services.
· For marketing, issue awareness and fund raising purposes. For example, we may use your information, such as your email address, to send you news and newsletters, to solicit your support, or to otherwise contact you about products or information we think may interest you. From time to time we may send out email messages soliciting your support, prompting a call to action, or alerting you of what’s new at The Arc. In addition, you may receive communications from us if you have contacted us for a particular reason, and/or to receive the information or service you have requested.
· To better understand how you access and use our Site and Services, both on an aggregated and individualized basis, in order to improve our Site and Services and respond to your desires and preferences, and for other research and analytical purposes.
· Your name and address information is used solely to process your membership, donation, order, account registration, newsletter sign-up, or request for information and referral.
· Your demographic information (gender, age, etc.) is used for several purposes: Demographic information may be provided back to our corporate partners (companies that provide member benefit opportunities) in an aggregated way. For example, we may tell a partner that 25% of you are male, while 75% are female. We never release individual demographics to any party. The Arc also uses demographic information in aggregate terms for reporting purposes – annual reports, funding sources, charity-watch agencies.
HOW WE SHARE YOUR INFORMATION
Your personal information will never be sold, given, rented or traded to others. We may share your information, including personal information, as follows:
· We may disclose the information we collect from you to our affiliates; however, if we do so, their use and disclosure of your personally identifiable information will be subject to this Notice.
· We may disclose the information we collect from you to third party vendors, service providers, contractors or agents who perform functions on our behalf. The Arc utilizes the services of intermediaries – United Parcel Service (UPS), FedEx, and various direct mail firms to process and/or send out to our member renewals, solicitations, newsletters and orders. To our knowledge, these intermediaries do not store, retain or use the information in any way. These parties are contractually obligated with The Arc to use your information only for the purpose of communicating these opportunities.
· If we are acquired by or merged with another organization, if substantially all of our assets are transferred to another organization, or as part of a bankruptcy proceeding, we may transfer the information we have collected from you to the other organization.
· We also may disclose the information we collect from you in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.
· We may share demographic information in aggregate terms for reporting purposes (such as annual reports, funding sources, charity-watch agencies), research, or similar purposes.
USER GENERATED CONTENT
We may invite you to post content on our Site and provide responses to our blog, including your comments, pictures, and any other information that you would like to be available on our Site. If you post content to our Site, all of the information that you post will be available to other users. If you post your own content on our Site or Services, your posting may become public and we cannot prevent such information from being used in a manner that may violate this Notice, the law, or your personal privacy.
Our Site and Services may contain links to third-party websites. Any access to and use of such linked websites is not governed by this Notice, but instead is governed by the privacy policies of those third party websites. These sites may independently collect or request information about you and we encourage you to read the privacy statements of these linked sites as their privacy Notice may differ from ours. We are not responsible for the information practices of such third party websites.
SECURITY OF MY PERSONAL INFORMATION
We have implemented commercially reasonable precautions to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. All employees must learn and obey our security policies. Access to your personal information is limited to key management personnel and relevant staff. The information is ID and password protected. Our Site security is reviewed regularly. Please be aware that despite our efforts, no data security measures can guarantee 100% security.
You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.
When you make a financial or in-kind donation, you provide your name and contact information. Financial donors provide standard payment information, which may include credit card information. We use industry standard safeguards to protect your credit cards information and comply with the Payment Card Industry Data Security Standard (PCI DSS). We take a number of measures to protect the security of credit card transactions such as encryption, access controls, network firewalls, and physical security. These measures make it extremely difficult for anyone to intercept the credit card information you send to us. When we work with other companies to process credit card transactions, those companies also use encryption and other appropriate security measures.
ACCESS TO MY PERSONAL INFORMATION
You may modify personal information that you have submitted by logging into your account and updating your profile information. Please note that copies of information that you have updated, modified or deleted may remain viewable in cached and archived pages of the Site for a period of time.
WHAT CHOICES DO I HAVE REGARDING USE OF MY PERSONAL INFORMATION?
If you do not want your personally identifiable information collected or stored, please do not submit it to us. If you have already submitted personal information and would like us to correct or remove your information from our records, please contact us at firstname.lastname@example.org.
If you are outside the European Union and opt to receive any free resources, participate in any free training programs, register for a webinar, register for a live event, register for a seminar, or purchase any products sold by The Arc on this Website, we will only enroll you to receive emails, including our newsletter, from The Arc if you affirmatively consent to it. If you do not wish to receive these emails, you can unsubscribe anytime. We include an “unsubscribe” link at the bottom of every email we send. If you ever have trouble unsubscribing, you can send an email to email@example.com requesting to unsubscribe from future emails.
If you are in the European Union and opt to receive any free resources, participate in any free training programs, register for a webinar, register for a live event, register for a seminar, or purchase any products sold by The Arc on this Website, we will only enroll you to receive emails, including our newsletter, from The Arc if you affirmatively consent to it. If you do not wish to receive these emails, you can unsubscribe anytime. We include an “unsubscribe” link at the bottom of every email we send. If you ever have trouble unsubscribing, you can send an email to firstname.lastname@example.org requesting to unsubscribe from future emails.
CALIFORNIA CONSUMER PRIVACY ACT
Effective January 1, 2020, if you are a California resident, you have expanded rights regarding the collection and disclosure of information about yourself as part of the California Consumer Privacy Act of 2018 (CCPA).
Only you or your authorized representative may make these requests. You may make requests for data disclosure or portability no more than twice in a 12-month period. In your request, you must provide enough information to allow us to verify you are the person about whom we collected personal information, or their authorized representative. You must also describe your request with enough detail so that we can understand, evaluate and respond to it. We can’t respond to your request if we can’t verify your identity. Making such a request does not require you to create an account with us, and we will only use the information you provide in a request to verify your identity. Authorized representatives must provide a signed, written permission to make such requests or power of attorney. You may also make a request on behalf of your minor child.
If you have questions about any of these rights, please call us at 1-915-564-4978.
We will not discriminate against you for exercising any of your CCPA rights.
Information We Collect
Below are the categories and examples of information we collect, along with how we use that information. Unless otherwise noted, we collect this information from our users, customers and service providers. Unless otherwise noted, we use this information to enable use of our sites, services and products; to communicate with you; to understand how users interact with our site; and to improve our products and services. Unless otherwise noted, we may share this information with our service providers.
- Identifiers such as name, mailing address, IP address, email address.
- Personal information categories such as name, signature, address or phone number. (Information in this category may overlap with other categories.)
- Protected classification characteristics including age, gender, race, ethnicity, religion, marital status, and veteran/military status.
- Internet/network activity, such as browsing history, search history, banners you click, and pages you visit on our site.
- Geolocation data, such as the location of your computer or mobile device.
We will not collect additional categories of personal information or use it in materially different purposes without providing you notice. Your personal information may be shared with third parties for business purpose (“service providers”). Service providers are required to keep the personal information confidential and not use it for any purpose other than what is specified in what is outlined in our contract with them.
Right to Know
In accordance with the CCPA, you have the right to know what information we have collected about you. You can request us to disclose this personal information no more than twice in a 12-month period. This information will be provided in an accessible format that allows you to transmit your data from one entity to another. If you would like a list of the information we maintain, we will email it to you within 45 days of your request. If we require more time (up to 90 days) we’ll let you know this, and the reason why, in writing. Call 1-915-564-4978 to proceed with this request or email email@example.com.
Right to Delete
In accordance with the CCPA, you have the right to request that we delete the information we have about you. The Arc of El Paso offers several services that require certain information in order to work. Deleting your information can affect your ability to: • receive email communication if you have opted-in to receive these. We will attempt to complete your request within 45 days. If we require more time (up to 90 days) we’ll let you know this, and the reason why, in writing. Call 1-915-564-4978 to proceed with this request or email firstname.lastname@example.org.
Do Not Sell
In accordance with the CCPA, if you are 16 years or older, you have the right to opt-out of the sale of your personal information. Consumers who we know are under 16 are already opted-out of this sale of information, unless they have specifically exercised their right to opt-in. A parent or guardian must provide an opt-in for consumers less than 13.
The Arc of El Paso does not now, nor have we in the past, sell consumer information to third parties for financial gain. What we sometimes do is to track your device by sending non-identifying information to partners, who then use it to provide you relevant marketing messages. When we do this, your personal information (name, phone number, etc.) is not shared with them.
Under the CCPA, sharing data for online advertising like this may be considered a “sale” of information, and we are required to allow you to opt out of selling your information. To help you manage the tracking of your information, including browsing history and targeted marketing efforts, you can take action by opting out of cookies and device ID tracking. Please read the How We Use Your Information section of the policy for more information on how you can manage your privacy via third parties. You can also manage privacy options directly in your device preferences or settings.
Other California Privacy Rights
California’s “Shine the Light” law (Civil Code Section 1798.83, also known as S.B. 27) allows customers to opt out of having your personal information shared for direct marketing purposes. To make this request, you may write us at The Arc of El Paso P.O. Box221543; El Paso, TX 79913; or call 1-915-564-4978. Within 30 days of receiving your request, we will provide a list of the categories of personal information disclosed to third parties for direct marketing purposes during the preceding year, along with the names and addresses of those third parties. This request may be made no more than once per calendar year. We reserve our right not to respond to requests submitted to locations other than those specified above.
NEVADA CONSUMER OPT-OUT REQUESTS
Nevada S.B. 220 provides consumers with the ability to opt out of the sale of their personal information. We do not sell your personal information as defined in S.B. 220. However, should our practices change in the future and you wish to opt out, your request must be submitted to email@example.com. We will record your request and avoid selling your information at any point in the future.
CHILDREN’S ONLINE PRIVACY PROTECTION ACT
The Site is not directed at and is not to be used by children under the age of 13. We support and comply with the Children’s Online Privacy Protection Act (COPPA). The Arc does not solicit or collect personal information from children under the age of 13. By registering for the Site and/or Services, you represent and warrant that you are at least 13 years of age.
CHANGES TO THIS NOTICE
This Notice is current as of the Effective Date set forth above. We may change this Notice from time to time, so please be sure to check back periodically. If we make any material changes in our privacy practices or in how we use your personally identifiable information, we will post a prominent notice in The Arc’s e-newsletter, and on our Site prior to implementation of the change.
VISITORS’ GDPR RIGHTS
If you are within the European Union, you are entitled to certain information and have certain rights under the General Data Protection Regulation. Those rights include:
We will retain the any information you choose to provide to us until the earlier of: (a) you asking us to delete the information, (b) our decision to cease using our existing data providers, or (c) The Arc decides that the value in retaining the data is outweighed by the costs of retaining it.
You have the right to request access to your data that The Arc stores and the rights to either rectify or erase your personal data.
You have the right to seek restrictions on the processing of your data.
You have the right to object to the processing of your data and the right to the portability of your data.
To the extent that you provided consent to The Arc’s processing of your personal data, you have the right to withdraw that consent at any time, without affecting the lawfulness of processing based upon consent that occurred prior to your withdrawal of consent.
You have the right to lodge a complaint with a supervisory authority that has jurisdiction over issues related to the General Data Protection Regulation.
We require only the information that is reasonably required to enter into a contract with you. We will not require you to provide consent for any unnecessary processing as a condition of entering into a contract with us.
We use your personal data to make the following automated decisions: When completing web searches, The Arc may be prominently displayed in the results through Google Analytics; When sending electronic information on future activities, trainings, and opportunities, the type of information sent to you may be based in part on your personal data. We use the following logic to make those automated decisions: Visitors who have affirmatively consented to receiving emails from The Arc may be sent information consistent with their personal data. These decisions can affect your rights in the following ways: Visitors will have greater knowledge of activities, trainings, and opportunities offered by The Arc.
If you have questions about the privacy aspects of our Services, would prefer not to receive updates or requests for donations, or would like to make a complaint about this Notice, please contact us at:
(915) 564-4978 or
e-mail us at firstname.lastname@example.org; or
write us at
The Arc of El Paso
PO Box 221543
El Paso, Texas 79913.
Our GDPR Representative
The Company employs the following party as its representative for handling General Data Protection Regulation issues.
The Arc of El Paso
PO Box 221543
El Paso, Texas 79913