Last Updated/Effective Date: June 16, 2022
Privacy laws and guidelines are part of a constantly changing environment. We reserve the right, at our discretion, to change, modify, add, or remove portions of this Policy at any time. All changes will be effective immediately upon posting to the Site. Material changes will be conspicuously posted on the Site or otherwise communicated to you.
We Collect Data You Provide
Personal Information. You can visit the Site without sharing personal information, but use of certain Site features (e.g., to sign up for our mailing lists or to submit a grant application) requires you to provide personal information. We will collect any personal information from or about you that you choose to share with us, which may include your name, email address, mailing address and telephone number. We will use your personal information to process your grant applications, to communicate with you in connection with the same, and to otherwise provide you with information and communications that you request or that we believe are relevant or may be of interest to you, subject to applicable laws and the terms of this Policy. If you provide your telephone number to us, you consent to receiving telephone calls from us at that telephone number.
Grant Applications. Grant applications are accepted through a grants portal at https://www.grantrequest.com/Login.aspx?ReturnUrl=%2fapplication.aspx%3fSA%3dSNA%26FID%3d35754%26sid%3d1538&SA=SNA&FID=35754&sid=1538 (“Grants Portal”). We will collect all information and materials you submit in the course of submitting a grant application. To begin the grant application process, you must complete an initial inquiry which allows access to the Foundation’s online Grants Portal, that entails providing the Foundation with general information about the applicant organization (e.g., organization name, program description, amount requested, and other information). Information collected from applications generally includes your name, your contact information, the applicant organization’s name and contact information, the organization’s financial information including EIN for determining tax-exempt status and account information for receipt of grant funds, the organization’s purpose, a narrative that specifies the organization’s and program’s goals, how grant funds would be used, population served, and related information. In addition, certain documents, such as a board list, audited financial statements, program budget, and grant history may be required to be attached to the application. All information once collected through the Grants Portal will be used by the Foundation in making grant determinations.
Mailing Lists. If you sign up for our mailing lists or otherwise opt in to receive communications from us, you will need to submit your name and email address. We will use this information to provide you with promotional and other electronic communications regarding the Foundation. You may opt out of receiving promotional emails from us at any time by following the unsubscribe instructions contained in the applicable email. We may use third-party providers to deliver communications to you and we encourage you to review any such third-party providers’ privacy policies.
Applying to Work with the Foundation. If you send us job application materials, you will need to provide certain information, including but not limited to your contact information, employment history, and job qualifications. We will only use and share the job application materials you submit in order to evaluate your qualifications to work with the Foundation.
Feedback. When you provide comments or feedback about our Site, the content on the Site or our services (“Feedback”), we will not treat that Feedback as confidential and we may use that Feedback for any purpose in our sole discretion so long as it does not personally identify you. Feedback will be used without attribution or compensation to you.
Data Automatically Collected
We automatically collect data about how you use and interact with our Site which we use to improve our Site and measure its performance. We may share such usage data with third parties or reproduce it in publications on an aggregated and anonymized basis.
We may combine information gathered from the Site 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 customer record. We also use and/or combine information that we collect offline or receive from third-party sources (e.g., contact information from government funders or grantor information) to edit, enhance, and/or check the accuracy of your customer record.
Cookies & Other Tracking Technologies.
Do Not Track
We honor Do Not Track signals and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
How We Use Personal Information.
We use the information we learn from you to help us personalize and continually improve your experience on the Site. We use your personal information in the following ways:
- For editorial purposes;
- Responding to your inquiries;
- Communicating with you about your account or transactions with us and sending you information about features on our Site 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 email or another medium;
- Processing your grant application or employment application;
- Event or program registration; and
- Performing statistical, demographic, and marketing analyses of users of the Site and their usage patterns.
How We Share Your Information
The 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 Site. Except as disclosed below, we don’t sell, barter, give away, rent, or permit anyone outside the Foundation to use or access your personal information and in all cases we only share your personal information where it is in the legitimate interest of furthering the philanthropic aims of the 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 information needed to perform their functions and are contractually obligated to maintain the confidentiality and security of any personal information collected from the Site. They are restricted from using, selling, distributing, or altering this data in any way other than to provide the requested services to the Foundation.
We may also use or disclose your personal information 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 Site; (b) protect and defend our rights or property, the Site, 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 Site or the public.
In the event the Foundation is the subject of a change of control or in the event the Site changes ownership, in whole or in part, or in the event of a bankruptcy, receivership or a similar transaction, we may provide personal information to the subsequent owner(s).
We are active on social media, including Facebook, YouTube, Twitter, and Instagram (“Social Media”). Anything you post on Social Media is public information and will not be treated confidentially. We may post (or re-post) on the Site and our Social Media pages any comments or content that you post on our Social Media pages. Your use of Social Media is governed by the privacy policies and terms of the providers that own and operate those websites and not by this Policy. We encourage you to review those policies and terms.
Retention of Personal Information
We will keep personal information for the period necessary to fulfil the purposes described in this Policy, unless a longer retention period is permitted or required by law.
Use and Disclosure of Non-Personal Information
The Foundation may collect, use, share, transfer and otherwise process de-identified and aggregated information that it receives or creates for any purposes in its sole discretion, in compliance with applicable laws. The Foundation is the sole and exclusive owner of such de-identified and aggregated information, including if the Foundation de-identifies personal information so that it no longer considered personal information under applicable data protection laws.
We use commercially reasonable technical and organizational measures to help secure personal information against loss, misuse, and alteration appropriate to the type of personal information processed. If a breach of your personal information occurs, we will notify you of the breach if required under applicable law.
YOU UNDERSTAND THAT NO DATA TRANSMISSION OVER THE INTERNET OR DEVICE CAN BE GUARANTEED TO BE 100% SECURE. WHILE WE STRIVE TO PROTECT PERSONAL INFORMATION, WE DO NOT GUARANTEE THE SECURITY OF PERSONAL INFORMATION AND YOU PROVIDE PERSONAL INFORMATION AT YOUR OWN RISK.
We do not knowingly collect, use, or share personal information from children under 13. If a parent or legal guardian learns that their child provided us with personal information without his or her consent, please contact us and we will make commercially reasonable attempts to delete such personal information.
Individuals Located in the European Union, European Economic Area, and the United Kingdom
The purpose of this section is to provide information and additional provisions that apply regarding the Foundation’s processing of personal data of persons located in the European Union (“EU”), European Economic Area (“EEA”), and United Kingdom (“UK”) in accordance with the EU General Data Protection Regulation 2016/679 and the UK General Data Protection Regulation (collectively referred to herein as the “GDPR”). THIS SECTION ONLY APPLIES TO YOU IF YOU ARE LOCATED IN THE EU, EEA, OR UK. In the event of a conflict between this section and the remainder of the Policy, this section shall control for those persons located in the EU, EEA, or UK. The terms “personal data”, “processing”, and “automated decision” have the same meanings set forth under the GDPR.
Legal Basis for Processing. When the Foundation processes your personal data, it has a legal basis for doing so as required under GDPR. The Foundation will only process your personal data if: (i) it has received your express opt-in consent for such processing, (ii) the processing is necessary for performance of a contract, (iii) the processing is necessary for a legal obligation to which the Foundation is subject, (iv) the processing is necessary to protect the vital interests of the data subject, (v) the processing is necessary for a task carried out in the public interest, or (vi) if the Foundation or a third party has a legitimate interest that is not overridden by the interests or fundamental rights and freedoms of the data subject.
Marketing. The Foundation does not process personal data for the purpose of marketing without first obtaining your express, opt-in consent or having a legitimate interest for doing so. You have the right to object to the processing of personal data for marketing purposes at any time by contacting us as set forth below.
Special Category Personal Data. “Special Category Data” is any data that reveals your racial or ethnic origin, political opinions, religious, moral or philosophical beliefs, trade union membership, political views, the processing of genetic data, biometric data for the purpose of identifying a person, and data concerning health or a person’s sex life and/or sexual orientation. The data the Foundation collects and processes does not qualify as Special Category Data, and the Foundation does not intend to collect any Special Category Data from you. Please refrain from sending us any Special Category Data.
Automated Decision Making. The Foundation does not make any automated decisions on your behalf or about you without first obtaining your express, opt-in consent. In the event we secure your consent to do so, you have the right to object to the processing of personal data via automated decision making at any time by contacting us as set forth below.
Transfer to Third Parties and Countries. Personal data that we collect or receive may be transferred to and/or processed by third parties that are located outside of the EU, EEA, or UK, some of which EU, EEA and UK authorities may not consider to have an adequate level of protection for personal data. The Foundation will only transfer data subject’s personal data to third-parties located outside of the EU, EEA, and UK when it has ensured appropriate safeguards for such personal data through use of the standard contractual clauses or other approved methods by the EU, EEA, and UK.
You may request a copy (which may be provided as a summary) of any such appropriate safeguards or seek inquiries regarding such safeguards by contacting us as set forth below. We will respond to your request or inquiry within a reasonable period of time.
We hold your information and use it as described in this Policy and will use reasonable measures to ensure that your personal information is only transferred to third parties who also maintain at least the standard of protection required under the GDPR.
Individual Rights. The GDPR provides certain rights to individuals in relation to their personal data. Accordingly, you may have some or all of the rights set forth below, although some exceptions apply, and we will comply with any requests made relating to the following rights to the extent required by applicable law:
- Right of Access – The right to be informed of and request access to the personal data we process about you, including, in certain circumstances, a right to know what personal information the we collected, or disclosed about you, including the specific pieces of personal information held
- Right to Erasure – The right to request deletion of your personal data
- Right to Withdraw Consent – The right to withdraw your consent for the Foundation processing your personal data
- Right to Rectification – The right to request that we amend or update inaccurate or incomplete personal data
- Right to Restrict Processing – The right to request that we temporarily or permanently stop processing all or some of your personal data.
- Right to Object – The right to object to the Foundation processing your personal data, such as for direct marketing purposes.
- Right to Data Portability– The right to request a copy of your personal data in electronic format and request that we send such personal data to another party
- Right to Lodge a Complaint – The right to lodge a complaint with the applicable supervisory authority
To exercise any of your rights as described in this section, you may submit your request to us by contacting us as set forth below. If you have any questions about your privacy, your rights and choices, or how to exercise them, please contact us with your request.
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 email updates from the Foundation, or if you believe the Foundation has erroneous or incomplete information about you, please contact us using the information below.
Terra Foundation for American Art