Last updated: May 30, 2018
Information Collection and Use
We may collect information that identifies you (“Personal Data”) when you use the Website which includes:
Identity Data includes first name, last name, username or similar identifier, title, and gender.
Contact Data includes address, email address and telephone numbers.
Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and
location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this Website.
Profile Data includes your username and password, feedback and survey responses.
Usage Data includes information about how you use our Website and services.
As a general matter, you can browse the Website without submitting Identity and Contact Data to us. However, there are a number of circumstances in which you may need to provide us with your Personal Data. The following lists the most common ways in which we collect your Personal Data.
• When you register for an account on the Website
• When you sign up to receive e-mail newsletters from us;
• When you participate in surveys, panels, or research;
• When you register for and participate in our programs, activities, initiatives, and events;
• When you request information or assistance;
• In conjunction with processing your grant applications;
• In conjunction with your employment inquiries or applications;
• In conjunction with any verification of your account information;
• In conjunction with investigations into any activity that may violate the law or the Website’s terms and conditions;
• When you communicate with us through the Website;
In some circumstances we may anonymize your Personal Data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
How We Combine Your Information
We may combine information gathered from the Website and information that we have received, gathered, acquired, or stored from other sources, both information collected offline by the Foundation and information received from third parties—including information that currently exists in our files—into a single user record. We also use and/or combine information that we collect offline or receive from third-party sources (e.g., contact information from grantor information) to edit, enhance, and/or check the accuracy of your user record.
Use of Collected Information
We use the information we learn from you to help us personalize and continually improve your experience on the Website. We use your Personal Data and anonymized data in the following ways:
• Responding to your inquiries;
• Communicating with you about your account or transactions with us and sending you information about features on our Website or about the Foundation;
• Communicating with you about changes to our policies;
• Sending you newsletters, mailings, and information about programs, initiatives, activities, and events by e-mail or another medium;
• Processing your grant application;
• Event or program registration;
• Optimizing or improving our programs, services, and operations;
• Research and development;
• Verifying your account and account activities;
• Detecting, investigating, and preventing activities that may violate our policies or be illegal;
• Performing statistical, demographic, and marketing analyses of users of the Website and their usage patterns; and
• Managing our organization
You may choose not to receive additional information at any time by using the corresponding opt-out procedure or by contacting Maclellan at the e-mail address provided below.
We may need to share your information with our service providers, associated organizations and agents for the purposes described above.
Disclosure of Information
The Maclellan Foundation adheres to the highest standards of ethical practices in all our operations and is dedicated to protecting the privacy of all visitors to our Website. Except as disclosed below, we don’t sell, barter, give away, rent, or permit anyone outside the Maclellan Foundation to use or access your Personal Data, and in all cases we only share your Personal Data where it is in the legitimate interest of furthering the philanthropic aims of the Maclellan Foundation.
We occasionally use independent contractors and third-party agents, affiliates, and partners to perform functions such as marketing, analytics, providing customer service, etc., on our behalf. These entities have access to the Personal Data needed to perform their functions and are contractually obligated to maintain the confidentiality and security of any Personal Data collected from the Website. They are restricted from using, selling, distributing, or altering this data in any way other than to provide the requested services to the Maclellan Foundation.
We may also use or disclose your Personal Data if required to do so by law or in the good-faith belief that such action is necessary to (a) conform to applicable law or comply with legal process served on us or the Website; (b) protect and defend our rights or property, the Website, or our users; and (c) act under emergency circumstances to protect the personal safety of us, our affiliates, our agents, or the users of the Website or the public.
We will not sell your personal data or any other information we collect about your activity on our Site.
We reserve the right to disclose your personal data information as required by law, when we believe that disclosure is necessary to protect our rights, to comply with a legal obligation or a request from governmental authorities conducting an investigation, to verify or enforce compliance with the policies governing the Site, or to protect the legal rights, interests, or safety of Maclellan, the Site, our users or others.
Links to Other Sites
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Information on cookies, including deleting or controlling them, can be found at: http//www.AboutCookies.org or at http://www.allaboutcookies.org. Please note that, by deleting our cookies or disabling future cookies, you may not be able to access certain areas or features of our Site and the Site may not function properly.
How We Protect Personal Information
We take commercially reasonable measures to ensure that the personal data you disclose to us is kept secure, accurate and up to date and is kept only for so long as is necessary for the purposes for which it is used.
By using the Site, you expressly acknowledge and agree that, in the framework of the processing of personal data, such information can be transferred to countries which do not offer a similar level of protection for personal data as your country of residence, and specifically to the United States.
For Residents of the European Union (“EU”) – General Data Protection Regulation (“GDPR”)
Purposes and Lawful Bases to Process Your Personal Data
• Where we need to perform the contract we are about to enter into or have entered into with you.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. We consider that the Maclellan Foundation has a legitimate interest in collecting and processing your information. The Maclellan Foundation is committed to investing in innovative ideas, visionary individuals, and frontline institutions around the world and pursuing these aims is not in conflict with your rights. This generally provides our lawful basis to use your Personal Data, within the limitations set forth herein.
• Where we need to comply with a legal or regulatory obligation.
1. The purpose for collecting your Identity and Contact Data is to register you as a new user, and the lawful basis is the performance of a contract with you.
2. The purpose for collecting your Identity, Contact, and Profile Data is to manage a relationship with you and allow you to apply for grants, and the lawful bases are (a) the performance of a contract with you and (b) it is necessary for our legitimate interests (to keep our records updated and to study how users use our services).
3. The purpose for collecting your Identity, Contact, Profile, and Usage Data is to enable you to complete a survey and provide feedback, and the lawful bases are (a) the performance of a contract with you and (b) it is necessary for our legitimate interests (to study how users use our products and services, to develop them and grow our business).
4. The purpose for collecting your Identity, Contact, and Technical Data is to administer and protect our business and the Website, and the lawful basis is that it is necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganization or group restructuring exercise).
5. The purpose for collecting your Identity, Contact, Profile, Usage, and Technical Data is to deliver relevant Website content to you, and the lawful basis is that it is necessary for our legitimate interests (to study how users use our products/services, to develop them, to grow our organization).
6. The purpose for collecting Technical and Usage Data is to use data analytics to improve our Website, user relationships and experiences, and the lawful basis is that it is necessary for our legitimate interests (to define types of users for our products and services, to keep our Website updated and relevant, to develop our organization).
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offenses.
Internal Third Parties
We require all third parties to respect the security of your Personal Data and to treat it in accordance with the law. We do not allow our third-party service providers to use your Personal Data for their own purposes and only permit them to process your Personal Data for specified purposes and in accordance with our instructions.
We are based in the United States, which is where your data will be processed.
We have put in place appropriate security measures to prevent your Personal Data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your Personal Data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your Personal Data on our instructions and they are subject to a duty of confidentiality. We have put in place procedures to deal with any suspected Personal Data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
We will only retain your Personal Data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for Personal Data, we consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements. In some circumstances you can ask us to delete your data. In some circumstances we may anonymize your Personal Data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
YOUR LEGAL RIGHTS UNDER THE GDPR
Under certain circumstances, EU residents have rights under data protection laws in relation to their Personal Data. If you are an EU resident, you have the right to:
• Request access to your Personal Data. This enables you to receive a copy of the Personal Data we hold about you and to check that we are lawfully processing
• Request correction of the Personal Data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
• Request erasure of your Personal Data. This enables you to ask us to delete or remove Personal Data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your Personal Data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your Personal Data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
• Object to processing of your Personal Data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your Personal Data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
• Request restriction of processing of your Personal Data. This enables you to ask us to suspend the processing of your Personal Data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
• Request the transfer of your Personal Data to you or to a third party. We will provide to you, or a third party you have chosen, your Personal Data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
• Withdraw consent at any time where we are relying on consent to process your Personal Data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
If you wish to exercise any of the rights set out above, please contact us. You will not have to pay a fee to access your Personal Data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances. We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Data (or to exercise any of your other rights). This is a security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response. We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
If you have any questions or requests regarding this policy, if you would like to change your preferences, if you no longer wish to receive e-mail updates from the Maclellan Foundation, or if you believe the Maclellan Foundation has erroneous or incomplete information about you, please send an e-mail to [email protected]
California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of Personal Data (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared Personal Data in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.
If you are under 18 years of age, reside in California, and have a registered account with the Site, you have the right to request removal of unwanted data that you publicly post on the Site. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Site, but please be aware that the data may not be completely or comprehensively removed from our systems.
If you have any questions or concerns about these policies, any concerns about your information being collected, transferred or used for the purposes outlined above, if you require access to your personal data held by Maclellan, or if you would like to correct your personal data, please contact the Maclellan Foundation at:
Maclellan Foundation, Inc.
Attn: Privacy Department
820 Broad St. STE 300
Chattanooga, TN 37402
Phone: (423) 755 – 1366