Privacy Policy

PRIVACY POLICY

LAST MODIFIED: June 22, 2020

EveryAction, Inc. takes data protection seriously. Our privacy policy (hereinafter the "Policy") explains who we are, how we collect, share, and use personal information. The Policy also details how you can exercise your privacy rights.

To ensure you are fully informed of our practices, we recommend that you read the entire Policy. However, to make it easier for you to review the parts of this Policy that apply to you, we have divided up the document into sections that are specifically applicable to Customers, Contacts, and Visitors. The remaining information is applicable to everyone.

If you have any questions or concerns about our use of your personal information, then please contact us using the contact details provided at the end of the Policy.

THE BASICS

EveryAction, Inc., is an online, cloud-based customer relationship management platform operating under the trade names of EveryAction and NGP VAN that provides nonprofit and political candidates, campaigns, and caucuses the ability to effectively manage their donor or contributor base and conduct meaningful outreach activities.

We understand that when you use the EveryAction Materials (including our Platforms) or visit websites or webpages we manage, support, or for which we are responsible, you are placing your trust in us to appropriately oversee your personal information. It is this trust that serves as the basis for our commitment to take a straightforward and transparent approach to data protection, and part of this approach is ensuring that you have information about how we may collect and process your personal information.

This Policy details our commitment to protecting the privacy of individuals who:

  • Visit or interact with websites or webpages that EveryAction manages, supports, or may otherwise be responsible (collectively, our "Visitors"). Specifically, www.everyaction.com,www.ngpvan.com, and certain payment sites of our customers that link to this Policy.
  • Use of the EveryAction Materials, including, MiniVAN (our mobile application), fastaction™, or ActionID™ products (collectively, our "Customers").
  • Are part of customer's database stored in one of our Platforms (the "Contacts").

We process the above categories of personal information differently because EveryAction's relationship we have with our Customers in processing their data is different from the relationship we have with Contacts in processing their data. However, regardless of the category, "personal information" means any information that identifies or can be used to identify an individual directly or indirectly (e.g.,first and last name, date of birth, email address, gender, occupation, or other demographic information) and "you" and "your" means, depending on the context, either a Customer, a Contact, or a Visitor.

Capitalized terms not otherwise defined herein shall have the meaning as set forth in our Terms of Service. In the event of a conflict between this Policy and the Terms of Service, the terms of the Customer's Agreement will control.

OUR CUSTOMERS

This section applies to the Personal Information we collect and process from a Customer or potential Customer through the provision of the EveryAction Materials.

Information We Collect

The Personal Information that we collect depends on the context of your interactions with EveryAction, the EveryAction Materials and their respective features you use, your location, and applicable law. However, the Personal Information we collect broadly falls into the following categories:

  • Information You Provide to Us. You (or your organization) may provide certain Personal Information to us when you sign up for an and use the EveryAction Materials, consult with our customer service team, send us an email, integrate a Platform with another service, or communicate with us in any other way. This information may include:

    • Business contact information (such as your name, job title, organization, location, phone number, email address, and country).
    • Marketing information (such as your contact preferences).
    • Account log-in credentials (such as your email address or username and password when you sign up for an account with us).
    • Troubleshooting and support data (which is data you provide or we otherwise collect in connection with support queries we receive from you, including contact or authentication data, the content of your communications with us, and the product or service you are using related to your help inquiry).
    • Payment information (including your credit card numbers and associated identifiers and billing address).
  • Information We Collect Automatically. When you use the EveryAction Materials, we may automatically collect or receive certain information about your device and usage of such (whether it is a Platform, fastaction, or MiniVAN) (collectively "Usage Data"). Usage Data may include:
    • Device information. We collect information about the device and applications you use to access fastaction, ActionID, and our Platforms, such as your IP address, your operating system, your browser ID, and other information about your system and connection. If you are using MiniVAN, we may also collect information about the cellular network associated with your mobile device, your mobile device's operating system or platform, the type of mobile device you use, your mobile device's name and unique device ID, and information about the features of our MiniVAN that you accessed.
    • Log data. Our web servers keep log files that record data each time a device accesses those servers and the nature of each access, including originating IP addresses and your activity in certain EveryAction Materials (e.g.,the Platforms) (such as the date/time stamps associated with your usage, pages and files viewed, searches and other actions you take (for example, which features you used)), device event information (such as system activity, error reports (sometimes called 'crash dumps')), and hardware settings. We may also access metadata and other information associated with files that you upload into our Platforms or through our APIs.
    • Navigation data. We collect data about you whenever you interact with our Platforms, which may include the dates and times you access a Platform and your browsing activities (such as what portions of the Platform you used). We also collect information regarding the performance of the Platform, including metrics related to the deliverability of content, communications, and other material you send or receive through the Platform. If you are using MiniVAN, we may collect information about how often you use MiniVAN and other performance data. This information allows us to improve the content and operation, and facilitate research and analysis, of our Platforms.
    • Geolocation information. If you have location services turned on, we collect your location based on your IP address in MiniVAN. Our Customers may use this information to better manage their activities for which they are using the EveryAction Materials (e.g.,coordinating outreach programs). You may disable location services as to MiniVAN in your device settings.

To the extent practicable, we may use this Usage Data in an aggregated, de-identified, and/or anonymized manner; however, otherwise such Usage Data may be considered Personal Information in some (but not all) countries, including countries in the European Economic Area ("EEA"). We use cookies and other tracking technologies to collect this information. For further information, please review our Cookie Notice available here.

  • Information we collect from other sources. From time to time, we may obtain information about you from third-party sources, such as public databases, social media platforms, third-party data providers, and our joint marketing partners. Such information may include demographic information, device information (such as IP addresses), and location (such as city and state). We may use this information, alone or in combination with other Personal Information we collect, to enhance our ability to provide relevant marketing and content to you and to develop and provide you with more relevant products, features, and services.

How We Use Personal Information

We use the Personal Information we collect only in accordance with this Policy, and we never sell your Personal Information to any third party. However, we may use the Personal Information we collect or receive through the EveryAction Materials (alone or in combination with other data we source) for the purposes and on the legal bases identified below:

  • To bill and collect money owed to us by you to perform our contract with you for the use of the EveryAction Materials or where we have not entered into a contract with you, in accordance with our legitimate interests to operate and administer the EveryAction Materials.
  • To communicate with you about your account and provide customer support to perform our contract with you for the use of the EveryAction Materials or where we have not entered into a contract with you, in reliance on our legitimate interests in administering and supporting the EveryAction Materials.
  • To enforce compliance with our Terms of Use and applicable law, and to protect the rights and safety of our Customers in reliance on our legitimate interest to protect against misuse or abuse of our Service and to pursue remedies available. This may include developing tools and algorithms that help us prevent violations.
  • To meet legal requirements, including complying with court orders, valid discovery requests, valid subpoenas, and other appropriate legal mechanisms.
  • To provide information to representatives and advisors, including attorneys and accountants, to help us comply with legal, accounting, or security requirements in reliance on our legitimate interests.
  • To provide the EveryAction Materials and otherwise perform our contract with you for the use of the EveryAction Materials or where we have not entered into a contract with you, in reliance on our legitimate interests in administering and improving the EveryAction Materials.
  • To personalize your use of the EveryAction Materials.
  • To perform data analytics projects in reliance on our legitimate business interests in improving and enhancing the EveryAction Materials for our Customers.

Product Specific Disclosures

Non-EveryAction Applications. We may use the Personal Information we collect or receive through a Platform, as a processor and as otherwise stated in this Policy, to enable your use of the integrations you choose to connect to your account. For instance, if you choose to connect a Google integration to your account, we will ask you to grant us permission to view and/or download, as applicable, your Google Sheets and Google Drive. This allows us to configure your Google integration(s) in accordance with your preferences. Conversely, if you give an integration provider access to your account, then your use of those integrations is subject to the service terms and privacy terms made available by that integrator. We are not responsible for third-party integrators and in no case are such integration providers our sub-processors.

Distribution Lists. To enable you and your authorized users the ability to send an email, SMS, or calling campaign or use certain features in your account, you need to upload a distribution list that provides us information about your donors or constituents, such as their names, email addresses, and mobile phone numbers. We use and process this information to provide the requested services in accordance with our contract with you or your organization and this Policy. We do not, under any circumstances, sell your distribution lists; however, if someone on your distribution list complains or contacts us, we might then contact that person. If we detect abusive or illegal behavior related to your distribution list, we may share your distribution list or portions of it with affected mobile carriers, ISPs, or anti-spam organizations to the extent permitted or required by applicable law.

Single Sign-On. You can log in to fastaction using a Single Sign-on (SSO) service like your Facebook or Twitter account. This service will authenticate your identity and provide you the option to share certain personal information with us such as your name.

Cookies and Tracking Technologies

We and our third-party partners may use various technologies to collect and store Usage Data and other Personal Information when you use the EveryAction Materials, and this may include using cookies and similar tracking technologies, such as pixels, web beacons, and if you use our Mobile Apps, through our SDKs deployed on your mobile device. For example, we use web beacons in the emails we send on your behalf, which enable us to track certain behavior, such as whether the email sent through a Platform was delivered and opened and whether links within the email were clicked. Both web beacons and SDKs allow us to collect information such as the recipient's IP address, browser, email client type, and other similar data. We use this information to measure the performance of your email campaigns, to provide analytics information, enhance the effectiveness of our Service, and for other purposes described above. Our use of cookies and other tracking technologies is discussed in more detail in our Cookie Notice available here.

OUR VISITORS

This section applies to Personal Information that we collect and process when you visit one of our websites, and in the usual course of our business, such as in connection with our sales and marketing activities.

Information We Collect

When you visit our website, sign up for an event or request more information about EveryAction, we collect information automatically using tracking technologies, like cookies, and through web forms where you type in your information. We collect this information to provide you with what you request through the web form and to improve navigation experience on our pages.

  • Information You Provide Us. On our public-facing websites, you can fill out web forms to ask to be contacted by our sales Team, sign up for a weekly newsletter, register for a webinar, or donate or contribute to the political candidate or nonprofit cause of your choice. The Personal Information requested on these forms will vary based on the purpose of the form. We will ask you for information necessary for us to provide you with what you request through the form (e.g.,we will ask you for your email address if you want to sign up for an email newsletter). If you sign up to receive ongoing marketing communications, you can always choose to opt out of further communications through a link contained in every marketing email you receive from EveryAction.
  • Information We Collect Automatically.
    • Cookies. When you visit one of our customer's donation or giving webpages, which is supported by EveryAction, including webpages that contain web forms, we automatically collect certain information using tracking technologies like cookies and web beacons. We use this information to prepopulate the same or similar web forms across our customers' donation or giving webpages that you visit as a convenience to you. EveryAction does not sell this information to third parties, though. For more details on our use of cookies and tracking technologies, please see ourCookie Notice.
    • Log Files. When you view content provided by us, we automatically collect information about your computer hardware and software. This information can include your IP address, browser type, domain names, internet service provider (ISP), the files viewed on our site (e.g.,HTML pages, graphics, etc.), operating system, clickstream data, access times and referring website addresses. This information is used by EveryAction to provide general statistics regarding use of the websites. For these purposes, we do not link this data to other Personal Information such as name, email address, address, and phone number.

How We Use Your Personal Information

In addition to the uses identified elsewhere in this Privacy Policy, we may use your Personal Information to:

  • Improve your browsing experience by personalizing the websites.
  • Send information or content to you which we think may be of interest to you by post, email, or other means and send you marketing communications relating to our business.
  • Promote use of our services to you and share promotional and information content with you in accordance with your communication preferences.
  • Compile aggregated statistics about site usage and to better understand the preferences of our Visitors.
  • Investigate and help prevent security issues and abuse.
  • Meet our legal obligations.

Public Information and Third-Party Websites

Social Media Platforms and Widgets. Certain of our websites include social media features, such as the Facebook Like button. These features may collect information about your IP address and which page you are visiting on our website, and they may set a cookie to make sure the feature functions properly. Social media features and widgets are either hosted by a third party or hosted directly on our website. We also maintain a presence on social media platforms, including Facebook, Twitter, and Instagram. Any information, communications, or materials you submit to us via a social media platform is done at your own risk without any expectation of privacy. We cannot control the actions of other users of these platforms or the actions of the platforms themselves. Your interactions with those features and platforms are governed by the privacy policies of the companies that provide them.

Links to Third-Party Websites. Our websites may include links to other websites, whose privacy practices may be different from ours. If you submit Personal Information to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any website you visit.

OUR CUSTOMERS' CONTACTS

EveryAction processes Personal Information of Contacts under the direction of our Customers and has no direct control or ownership of the Personal Information of a Contact we process on behalf of our Customers. Our Customers are responsible for complying with any regulations or laws that require providing notice, disclosure, and obtaining consent prior to transferring the Contact information to EveryAction for processing purposes.

Data protection law (including privacy law) in certain jurisdictions, like the EEA, differentiate between "controllers" and "processors" of Personal Information. When EveryAction processes Personal Information regarding you submitted by one of our Customers, we act as a processor in nearly all respects.

Information We Receive About Contacts from Our Customers

Certain EveryAction Materials (e.g.,our Platforms and MiniVAN) allow our Customers to collect and store the Personal Information of a Customer's donors, contributors, constituents, or prospects. We have no direct relationship with individuals who provide Personal Information to our Customers. Customers are responsible for complying with any regulations or laws that require providing notice, disclosure, and/or obtaining consent prior to transferring any Personal Information belonging to one of its Contacts to EveryAction for processing purposes.

EveryAction processes Contact data on behalf of, and as directed by, the Customer in accordance with and restricted by our agreements with our Customers. EveryAction can only process the Contact data for certain specific and limited purposes; namely, to fulfill our contractual obligations under the Agreement and, in narrow instances, to improve our Platforms or as permitted by this Policy or as required by law. EveryAction neither controls the content of the Contact data, determines the types of Personal Information that a Customer chooses to store in the Platform, nor has direct control or ownership of the Contact data we process on behalf of our Customers. Rather, our Customers make those decisions based on, and in accordance with, their respective privacy policies.

Our Customers control and are responsible for correcting, deleting, or updating information they have collected from using the Platforms. Please direct any inquiries or requests to exercise any data rights you may have to the applicable customer.

Information We Collect Automatically

When you interact with a Customer, we may collect information about your device and interaction in specific, limited, and typically in an aggregated or anonymized manner. For example, it is important for us to ensure the security and reliability of the EveryAction Materials. Therefore, we may collect data about your interactions with our Customer's campaigns (and/or emails) sent through a Platform, which may include dates and times you access an email. This information also allows us to ensure compliance with our Terms of Use and Acceptable Use Policy, to monitor and prevent service abuse, and to ensure we collect information regarding the performance of the EveryAction Materials, including metrics related to the deliverability of the Platforms. This information allows us to improve the content and operation of the EveryAction Materials and facilitate research and perform analysis into the use and performance of the same.

We use cookies and other tracking technologies to collect this information. Our use of cookies and other tracking technologies is discussed more below and in more detail in our Cookie Notice available here.

How We Use Personal Information

We may use the Personal Information we collect or receive about you in reliance on our (and where applicable, our Customers') legitimate interests for the following purposes:

  • To meet legal requirements, including complying with court orders, valid discovery requests, valid subpoenas, and other appropriate legal mechanisms.
  • To protect the rights and safety of us, our Customers, and third parties.
  • To provide information to representatives and advisors, including attorneys and accountants, to help us comply with legal, accounting, or security requirements in reliance on our legitimate interests.
  • To meet our contractual obligations to our Customers.
  • To carry-out other legitimate business purposes, as well as other lawful purposes about which we will notify you.

We do not sell a Contact's Personal Information to any third party for its marketing, or any other, purpose.

DATA SUBJECT RIGHTS AND OPT OUTS

Reviewing, Correcting, and Removing Your Personal Information

Depending on the country in which you reside, you may have the following data protection rights:

  • You can request access, correction, updates, or deletion of your Personal Information.
  • You can object to processing of your Personal Information, ask us to restrict processing of your Personal Information or request portability of your Personal Information.
  • If we have collected and process your Personal Information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Information conducted in reliance on lawful processing grounds other than consent.
  • You have the right to complain to a data protection authority about our collection and use of your Personal Information. Contact details for data protection authorities: EEA (available here), Switzerland (available here), and certain non-European countries (including the US and Canada).

To exercise any of these rights, please contact us at privacy@everyaction.com or by mail to EveryAction, Inc., 1445 New York Ave., NW, Suite 200, Washington, DC 20005 USA, Attention: Data Protection Officer. We will respond to your request to change, correct, or delete your information within a reasonable timeframe and notify you of the action we have taken.

We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws. We may ask you to verify your identity to help us respond efficiently to your request.

Your Preferences for Email and SMS Marketing Communications

Customer Communications.

EveryAction does not send marketing communications to Contacts; however, you may receive SMS, e-mail, or other communications sent through our Platforms by our Customers. EveryAction is not responsible for our Customer's communications sent to you. To opt-out of receiving further communications, please follow the "unsubscribe" or "opt-out" protocol contained in the communication or contact the sender (i.e.,Customer) of the communication. If you contact EveryAction, we will be unable to address your request, but we may forward your request to the particular Customer under certain circumstances.

Our Communications.

You may unsubscribe from our marketing communications by clicking on the "unsubscribe" link located on the bottom of our e-mails, updating your communication preferences, or by emailing us at privacy@everyaction.com or postal mail to EveryAction, Inc., 1445 New York Ave., NW, Suite 200, Washington, DC 20005 USA, Attention: Data Protection Officer. Customers cannot opt out of receiving transactional emails related to their account with us or the EveryAction Materials.

California Privacy Rights.

The California Consumer Privacy Act ("CCPA") provides consumers with specific rights regarding their Personal Information. You have the right to request that businesses subject to the CCPA (which may include our Customers with whom you have a relationship and under certain circumstances us) disclose certain information to you about their collection and use of your Personal Information over the past 12 months. In addition, you have the right to ask such businesses to delete Personal Information collected from you, subject to certain exceptions. If the business sells Personal Information, you have a right to opt-out of that sale. Finally, a business cannot discriminate against you for exercising a CCPA right.

When offering services to its Customers, EveryAction acts as a "service provider" under the CCPA and our receipt and collection of any consumer Personal Information is completed on behalf of our Customers in order for us to provide the EveryAction Materials. Please direct any requests for access or deletion of your Personal Information under the CCPA to the Customer with whom you have a direct relationship.

This section applies solely to Customers, Visitors and Contacts who qualify as a "consumer" under the California Consumer Privacy Act of 2018 (CCPA) and reside in the State of California ("Consumers" or "you"). Any capitalized terms not defined elsewhere in this Policy shall have the meaning ascribed to it in the CCPA, and solely for this section the term"Personal Information" has the meaning given in the CCPA and not as defined and used elsewhere in this Policy. Personal information does not include:

  • Publicly available information from government records (e.g.,state-maintained voter files).
  • Deidentified or aggregated Personal Information related to a Consumer.
  • Information otherwise excluded from the CCPA's scope, including health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.
  • Employment-related Personal Information collected from California-based employees, job applicants, contractors, or similar individuals.
  • Personal Information reflecting a written or verbal business-to-business communication ("B2B Personal Information"), where applicable and subject to any limitation contained in the CCPA.

How We Collect, Use, and Share Your Personal Information.

We have collected the following categories of Personal Information from Consumers within the last twelve (12) months:

Category Examples Collected
Identifiers Real name, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, and phone number. YES
Financial Information Credit or debit card number. YES
Commercial Information Records of products or services purchased, such as obtained, or considered, or other purchasing or consuming histories or tendencies. YES
Internet or Network Activity Browsing history, search history, information on a Consumer's interaction with a website, application, or advertisement. YES

The business and commercial purposes for which we collectthis Personal Information are described under the Customer, Visitor, and Contacts sections of this Policy, and the third parties to whom we "disclose" your Personal Information is contained under the section entitled, How EveryAction Shares Personal Information.

Your California Rights.

You have certain rights regarding the Personal Information we collect or maintain about you. Please note these rights are not absolute, and there may be cases when we decline your request as permitted by law.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past 12 months. Once we receive and confirm your verifiable Consumer request, we will disclose to you:

  • The categories of Personal Information we collected about you.
  • The categories of sources for the Personal Information we collected about you.
  • Our business or commercial purpose for collecting or selling that Personal Information.
  • The categories of third parties with whom we share that Personal Information.
  • The specific pieces of Personal Information we collected about you (also called a data portability request).

We do not provide these access and data portability rights for B2B Personal Information.

Deletion Request Rights

You have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable Consumer request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

  1. Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
  2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  3. Debug products to identify and repair errors that impair existing intended functionality.
  4. Exercise free speech, ensure the right of another Consumer to exercise their free speech rights, or exercise another right provided for by law.
  5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546et. seq.).
  6. Enable solely internal uses that are reasonably aligned with Consumer expectations based on your relationship with us.
  7. Comply with a legal obligation.
  8. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

We do not provide these deletion rights for B2B Personal Information.

EveryAction does "sell" Personal Information to third parties as that term is defined in the CCPA.

Exercising Access, Data Portability, and Deletion Rights.

To exercise the access, data portability, and deletion rights described above, please submit a verifiable Consumer request to us by using the contact information in theContact Ussection of this Policy.

Only you, or someone legally authorized to act on your behalf, may make a verifiable Consumer request related to your Personal Information. You may only make a verifiable Consumer request for access or data portability twice within a 12-month period. The verifiable Consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative, which may vary based on the nature of your request.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you.

Making a verifiable Consumer request does not require you to create an account with us. However, we do consider requests made through your password protected account sufficiently verified when the request relates to Personal Information associated with that specific account.

We will only use Personal Information provided in a verifiable Consumer request to verify the requestor's identity or authority to make the request.

Response Timing and Format.

We endeavor to respond to a verifiable Consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding receipt of the verifiable Consumer request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance, specifically a .csv file.

We do not charge a fee to process or respond to your verifiable Consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination.

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

  • Deny you goods or services.
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your Personal Information's value and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

Contact Us.

If you have any questions or comments about this section, the ways in which we collect and use your Personal Information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at the information provided in theContact Ussection of this Policy.

GENERAL INFORMATION.

How EveryAction Shares Personal Information

We do not sell or allow your Personal Information to be used by third parties for their own marketing purposes. Below are the different scenarios under which we may share your data with third parties.

  • Service Providers. With our contracted service providers, who provide services such as IT and system administration and hosting, credit card processing, research and analytics, marketing, legal, accounting, banking, auditing, insuring us, customer support and data enrichment for the purposes and pursuant to the legal bases described above; such service providers comprise companies located in the countries in which we operate.
  • Non-EveryAction Applications. You may choose to connect any number of Non-EveryAction Applications or other integrations, including our partner applications, with your account. If you give an integration provider access to your account, then your use of these integrations is subject to the service terms and privacy terms made available by that integrator. We are not responsible for third-party integrators and in no case are such integration providers our sub-processors.
  • Compliance with Legal Obligations. We may disclose your Personal Information to a third party if (i) we reasonably believe that disclosure is compelled by applicable law, regulation, legal process, or a government request (including to meet national security, emergency services, or law enforcement requirements), (ii) to enforce our agreements and policies, (iii) to protect the security or integrity of our services and products, (iv) to protect ourselves, our other customers, or the public from harm or illegal activities, or (v) to respond to an emergency which we believe in good faith requires us to disclose data to assist in preventing a death or serious bodily injury. If EveryAction is required by law to disclose any Personal Information, we will make commercially reasonable efforts to notify you of the disclosure requirement, unless prohibited by law. Further, we may object to requests we do not believe were issued properly.
  • Business transfers. If we go through a corporate sale, merger, reorganization, dissolution or similar event, data we gather from you may be part of the assets transferred or shared in connection with the due diligence for any such transaction. In that situation, and that situation only, we might transfer your data in a way that constitutes a sale under applicable law. If we do, we will let you know ahead of time, and any acquirer or successor of EveryAction may continue to process data consistent with this notice.
  • Aggregated or de-identified data. We might also share data with third parties if the data has been de-identified or aggregated in a way so it cannot be used to identify you or any natural person.
  • Any other person with your consent.

If you are a visitor located in the European Economic Area ("EEA"), our Data Protection Officer can be contacted at privacy@everyaction.com. Our legal basis for collecting and using the Personal Information described above will depend on the Personal Information concerned and the specific context in which we collect it. However, we will normally collect Personal Information from you only where we have your consent to do so, where we need the Personal Information to perform a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In certain cases, we may also have a legal obligation to collect Personal Information from you.

If we ask you to provide Personal Information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your Personal Information is mandatory or not (as well as of the possible consequences if you do not provide your Personal Information). Similarly, if we collect and use your Personal Information in reliance on our legitimate interests (or those of any third party), we will make clear to you at the relevant time what those legitimate interests are.

How to Make Choices About Your Personal Information

For Customers

You can make various choices about collection and retention of your Personal Information through the associated account portal, such as accessing it, correcting it, deleting it, or updating your choices about how it is used. Any other requests about your data you cannot make through these self-service tools, you can request by emailing privacy@everyaction.com.

Closing Your Account and Deletion. To request closure or deletion of an ActionID or fastaction account, you can email us at privacy@everyaction.com. Please contact the administrator for your Platform account regarding closing or deleting your account. You should know that closure and/or deletion of your account will result in you permanently losing access to your account and data in the account. Please note that certain information associated with your account may nonetheless remain on our servers in an aggregated form that does not identify you. To cancel an authorized user's account, your account administrator can delete or disable the authorized user's account in the administrator's account management portal. However, irrespective of type of account, data, including personal information, associated with such account that we are required to maintain for legal purposes or for necessary business operations will be retained after account closure until no longer needed.

Promotional Communications. You can choose not to receive promotional emails from EveryAction by following the unsubscribe/opt-out instructions in those emails. You can also opt-out by contacting info@everyaction.com. Please note that even if you opt out of promotional communications, we may still send you non-promotional messages relating to things like updates to our terms of service or privacy notices, security alerts, and other notices relating to your access to or use of our products and services.

For Customers and Visitors

Cookies and Tracking Technologies. How you make choices about cookies and other tracking technologies depends on the type of cookie or tracking technology being used. For details on how to manage your preferences for cookies and tracking technologies, please check out ourCookie Notice.

Other Choices About Your*Data.* In addition, you can express other choices about your information (i.e.,restricting its use, porting it, or withdrawing consent for its use) by contacting privacy@everyaction.com. Please be aware that if you provided your Personal Information as part of entering into a contract with EveryAction, that contract may provide more details on retention of or your rights to such information.

For Contacts

As described above, for much of the Personal Information we collect and process about Contacts through the EveryAction Materials, we act as a processor on behalf of our Customers. In such cases, if you are a Contact and want to exercise any data protection rights that may be available to you under applicable law or have questions or concerns about how your Personal Information is handled by EveryAction as a processor on behalf of our individual Customers, you should contact the relevant Customer that is using the EveryAction Materials, and refer to their separate privacy policies.

If you no longer want to be contacted by one of our Customers, please unsubscribe directly from that Customer's newsletter or contact the Customer directly to update or delete your data. If you contact us directly, we may either forward your request to the relevant Customer or provide you with the identity of the Customer to enable you to contact them directly.

How We Secure Personal Information

We use appropriate security measures to protect the security of your Personal Information both online and offline. These measures vary based on the sensitivity of the Personal Information we collect, process and store and the current state of technology. We also take measures to ensure service providers that process Personal Information on our behalf also have appropriate security controls in place.

Please note that no service is completely secure. While we strive to protect your data, we cannot guarantee that unauthorized access, hacking, data loss, or a data breach will never occur.

To protect the confidentiality of your account and protect from unauthorized use of your account, we recommend enabling two-factor authentication for your account. Additionally, you must keep your account password confidential and not disclose them publicly or to unauthorized individuals — this includes accidentally distributing them in a binary or checking them into source control. Please let your account administrator and EveryAction know right away if you think your password was compromised or misused. Similarly, if you provision an API Key, you should secure your access credentials to the API Key as well.

Transfers of Personal Information Out of the EEA and Switzerland

We operate in the United States.

Our servers and offices are in the United States, so your Personal Information may be transferred to, stored, or processed in the United States. While the data protection, privacy, and other laws of the United States might not be as comprehensive as those in your country, we take many steps to protect your privacy, including the measures detailed in our Terms of Service. Customers located in Switzerland, United Kingdom, and the EEA are subject to our Data Processing Agreement available here.

Data Transfers from Switzerland, United Kingdom, and the EEA to the United States.

EveryAction participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. We are committed to subjecting all Personal Information received from EEA member countries, United Kingdom, and Switzerland, respectively, in reliance on each Privacy Shield Framework, to each Framework's applicable Principles. To learn more about the Privacy Shield Frameworks, and to view our certification, visit the U.S. Department of Commerce's Privacy Shield website available here.

EveryAction is responsible for the processing of Personal Information we receive under each Privacy Shield Framework and subsequently transfer to a third party acting as an agent on our behalf. We comply with the Privacy Shield Principles for all onward transfers of Personal Information from the EEA, United Kingdom, and Switzerland, including the onward transfer liability provisions. With respect to Personal Information received or transferred pursuant to the Privacy Shield Frameworks, we are subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose Personal Information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third-party dispute resolution provider (free of charge to you) at https://feedback-form.truste.com/watchdog/request. Under certain conditions, more fully described in our Privacy Shield Statement (available here) and on the Privacy Shield website (here) you may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted.

In certain circumstances, we may rely on the European Union Model Clauses, also known as Standard Contractual Clauses, involving transfers of Personal Information from Switzerland, the United Kingdom, and EEA to the United States.

Retention of Your Personal Information

Details regarding how long your Personal Information may be stored on our systems will depend on whether you are a Customer, Visitor, or Contact. Generally, we will only retain your Personal Information for as long as reasonably necessary to fulfil the purposes for which it was collected or placed into our systems. Without limiting the generality of the foregoing, here is an overview of how long we hold on to Personal Information in a form that can be used to identify you:

Customers. As an EveryAction Customer, we will retain these records for as long you instruct. In some cases, use of extended storage may cost more. If you later instruct us to delete those records, we will do so. Please note that it may take 30 days or longer for the data to be completely removed from all systems.

Visitors. Generally, we retain your Personal Information for only as long as needed to fulfill the purposes for which it was collected; however, certain Visitors to our Customer's donation or giving webpages may have their Personal Information stored through the use of a cookie up to 10 years to allow prepopulating of web forms on the same or other Customer donation or giving webpages.

Contacts. If the EveryAction Materials enable a Customer to store records of your Personal Information contained within its data, and that Customer chooses to do so, then we will retain this data for as long our Customer instructs, subject to applicable law. You should direct requests seeking further information relating to retention of your Personal Information to the relevant Customer to address.

Deletion Request. If you are a Customer or Visitor and you ask EveryAction to delete specific Personal Information about you, we will honor this request in accordance with applicable law. If you are a Contact or an end user of a Non-EveryAction Application, you should direct requests to the relevant Customer or application provider.

We may retain your Personal Information for a longer period as necessary to carry out necessary business functions (e.g.,billing for our products and service) or for the purposes of satisfying any legal, regulatory, tax, accounting, or reporting requirements, such as in the event of a complaint or if we believe there is a prospect of litigation in respect to our relationship with you. However, after expiry of the applicable retention periods, we will delete your Personal Information. If there is any data that we are unable, for technical reasons, to delete entirely from our systems, we will put in place appropriate measures to prevent any further use of such data.

Information from Children

We do not knowingly permit children (under the age of 13 in the US or 16 if you live in the EEA) to sign up for the EveryAction Materials. If we discover someone who is underage has signed up for access to the EveryAction Materials, we will take reasonable steps to promptly remove that person's Personal Information from our records. If you believe a person who is underage has signed up for access to the EveryAction Materials or has been included as a Contact, please contact us at privacy@everyaction.com.

Do-Not-Track Signals

Do Not Track ("DNT") is a privacy preference that you can set in most web browsers. Certain state laws require us to indicate whether we honor DNT settings in your browser. EveryAction currently supports DNT; however, there is no accepted standard on how to respond to web browsers' DNT signals and even when you have DNT enabled, we may still use information collected for analytics and measurement purposes or to otherwise provide the EveryAction Materials but we will not load any third-party trackers.

You can learn more about Do Not Track here, and you can learn more about the cookies our websites set here.

Changes to Our Privacy Notice

We may change our Policy from time to time. If we make changes, we'll revise the "Last Modified" date at the top of this Policy, and we may provide additional notice such as on the EveryAction website homepage, account portal sign-in page, or via the email address we have on file for you. We will comply with applicable law with respect to any changes we make to this notice and seek your consent to any material changes if this is required by applicable law.

Contacting Us

To exercise your rights regarding your Personal Information, or if you have any questions regarding this Policy or our privacy practices please email us at privacy@everyaction.com or write to us at:

EveryAction Inc., Attn: Data Protection Officer, 1445 New York Avenue, NW, Suite 200, Washington, DC 20005

We are committed to working with you to obtain a fair resolution of any complaint or concern about privacy.

If, however, you believe that we have not been able to assist with your complaint or concern, and you are located in the EEA, the United Kingdom, or Switzerland, you have the right to lodge a complaint with the competent supervisory authority.