Privacy Policy

The Maclellan Foundation, Inc. (the “Foundation,” “our,” or “we”) is a Delaware nonprofit corporation, headquartered in Chattanooga, Tennessee, which operates the website located at www.maclellan.net (the “Website”). This Privacy Policy (“Privacy Policy”) describes the information we may collect from you when you visit the Website and any other websites under the control of the Foundation, in whatever manner such websites are accessed and/or used, whether via personal computer, mobile device, or otherwise. This Privacy Policy also applies to other interactive features, or downloads that are operated by the Foundation and made available by us. Please be advised that the practices described in this Privacy Policy apply only to information gathered online at our Website. They do not apply to information that you may submit to us offline or to websites maintained by other companies or organizations to which we may link.

The Website is for information purposes only to provide visitors of the Website (“Visitors”) information about the Foundation and to provide users of the Website (“Users”), who are our grant applicants, internal access to the granting portal. The Website serves no other traditional commercial purpose and through the publication of the Website we do not collect nor intend to collect Visitor or User (“you” or “your”) information for any other purposes. We value and respect the private information of the Visitors and Users of the Website and understand the need for security and trust surrounding such information. The following policies outline the ways in which we collect, store, use and disclose information in providing the Website.

We reserve the right to modify, alter or otherwise update this Privacy Policy at any time and you are encouraged to periodically review it. Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use the Website. By accessing or using the Website, you agree to the terms of this Privacy Policy.

This Privacy Policy may change from time to time; your continued use of the Website or continued interaction or communication with the Foundation after we make changes is deemed to be acceptance of those changes, so please check this Privacy Policy periodically for updates.

Information Collection and Use

INFORMATION COLLECTED

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 several ways in which we may 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 the Foundation’s processing your grant applications;
In conjunction with any employment inquiries or applications you may make to the Foundation;
In conjunction with any verification to the Foundation 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 may use the information we learn from you to help us personalize and continually improve your experience on the Website. We may 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;
Processing your event or program registration;
Optimizing or improving our programs, services, and operations;
Undertaking and/or continuing 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 the Foundation at the e-mail address provided below.

We may also share your information with our service providers, other charitable and nonprofit partners and program participants, associated organizations and agents for the purposes described above.

DISCLOSURE OF 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 Website. Except as disclosed below, we don’t sell, barter, give away, rent, or permit anyone outside the 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 and purposes of the Foundation.

We may 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 Foundation.

We may also share your Personal Data with our organizational and funding partners, grantees, or co-sponsors of our programs, activities, initiatives, and events from time to time. We endeavor to share your Personal Data only with partners, grantees, and co-sponsors who will respect your Personal Data. Although our treatment of your Personal Data is governed by this Privacy Policy, our partner or co-sponsor’s treatment of your Personal Data will be governed by the partner or co-sponsor’s privacy policy. You may withdraw your consent to our sharing of your Personal Data with partners and co-sponsors at any time by following the opt-out process described below.

We may also use or disclose your Personal Data: (a) if required to do so by law or in the good-faith belief that such action is necessary to (b) to conform to applicable law or comply with legal process served on us or the Website, including response to any government or regulatory request; (c) to protect and defend our rights or property, the Website, or our users when we believe disclosure is necessary and appropriate; (d) to act under emergency circumstances to protect the personal safety of the Foundation staff and our affiliates, our agents, the users of the Website, or the public; (e) to our subsidiaries or affiliates as described above; (f) to fulfill the purpose for which you provide it; (g) for any other purpose disclosed by us when you provide the information; (h) with your consent; (i) to enforce or apply our Website Terms of Use, this Privacy Policy, and other agreements; and (j) in the event of merger, restructuring, reorganization, dissolution, or other transfer.

Links to Other Websites

This Website may contain links, content, applications, advertisements and other information that may be served by third parties such as advertisers, ad networks, content providers, and application providers, that may link or bring you to other websites that are not owned or controlled by the Foundation. We do not control and are not responsible for the collection or use of your information collected by third parties. For more information about the use of cookies, collection and use of information, or the privacy practices or content of such other websites, please consult the respective terms of use or privacy policies of such third parties for more information.

Information we collect through Automatic Data Collection Technologies

As you navigate through and interact with the Website, we may use automatic data collection technologies to collect certain information about your equipment, device, browsing actions, and patterns, including details of your visits to the Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website, and information about your computer and internet connection, including your IP address, operating system, and browser type. We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services.

The technologies we use to collect this information may include cookies and such other tracking technologies from time to time and whether now known or hereinafter created. By using our Website, you agree that we may place these and other similar types of cookies on your device and access them when you visit the Website in the future. A cookie is a small file of letters and numbers that, with your agreement, we put on your computer. The cookies we use are primarily analytical cookies that aid us in improving both our Website and your experience by tracking which areas and features of our Website are popular, making the Website easier to navigate, to count visits, and to allow a registered user to remain signed in to his/her user profile throughout a visit. We may also use cookies placed on our Website by third parties acting on our behalf.

If you want to delete these cookies or any other cookies that are already on your computer, please refer to the help and support areas on your internet browser for instructions on how to locate the file or directory that stores cookies.

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 Website and the Website may not function properly.

Some links, content or applications, including advertisements, on the Website may be served by third parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use the Website. The information they collect may be associated with your Personal Data or they may collect information, including Personal Data, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

HOW WE PROTECT PERSONAL INFORMATION

We take commercially reasonable measures to ensure that the personal data you disclose to us is kept secure. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website like message boards. The information you share in public areas may be viewed by any user of the Website. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted to the Website. Any transmission of Personal Data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

INTERNATIONAL TRANSFERS

By using the Website, 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 Users of the Website who are Residents of the European Union (“EU”) – General Data Protection Regulation (“GDPR”)

This Privacy Policy describes how we collect, uses and shares your personal information. If you are a resident of the EU, you are subject to the GDPR, and the following terms also apply to you. Under the terminology of the GDPR, we are the “Controller” and are responsible for your Personal Data.

Purposes and Lawful Bases to Process Your Personal Data

This Privacy Policy describes the Personal Data we collect from you. We will only use your Personal Data when the law allows us to. Most commonly, we will use your Personal Data in the following circumstances:

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 Foundation has a legitimate interest in collecting and processing your information. The 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.

You have the right to withdraw consent to marketing at any time by contacting us. Specifically, we have a purpose and lawful basis for processing each type of Personal Data described in this Privacy Policy, which are as follows:

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.
The purpose for collecting your Identity, Contact, and Profile Data is to manage a relationship with you and allow you to apply for grants or engage in program offerings, and the lawful bases are (a) the performance of a contract with you; and (b) when it is necessary for our legitimate interests (to keep our records updated and to study how users use our services).
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).
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).
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).
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.

Note that we may process your Personal Data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your Personal Data where more than one ground has been set out forth in this Privacy Policy.

We may have to share your Personal Data with the parties set out below for the purposes described in this Privacy Policy.

THIRD PARTY SERVICE PROVIDERS

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.

DATA SECURITY

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.

DATA RETENTION

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.

CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify or amend the terms of this Privacy Policy from time to time without notice. Your continued use of our Website or continued interaction with the Foundation following the posting of changes to this Privacy Policy constitutes your acceptance of such changes.

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 Foundation, or if you believe the Foundation has erroneous or incomplete information about you, please send an e-mail to [email protected].

Access to Information; Other Data Protection Rights

You may also send us an email to request access to, correct or delete any Personal Data that you have provided to us. In some cases, we cannot delete your Personal Data except by also deleting your user account, as applicable. We may not accommodate a request to change Personal Data if we believe the change would violate any law or legal requirement or cause the information to be incorrect or if the information calls under any exception to any law or legal requirement entitling the Foundation to retain such information. Please note that, if you delete any contribution from the Website or third party websites, copies of your contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Website users. Proper access and use of information provided on the Website, including contributions, are governed by our Website Terms of Use.

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.

Depending on your residency and our legal obligations, in certain circumstances you may have certain data protection rights depending on the country or state in which you live. We respond to all requests that we receive from individuals who wish to lawfully exercise applicable data protection rights in accordance with applicable data protection laws and comply with all requests in accordance with our obligations under certain laws and regulations in which we are obligated to comply.

Children Under Age 18

This Website is not intended to attract or to be used by children under 18 years of age. No person under age 18 may provide any information to or on the Website. We do not knowingly collect personal information or Personal Data from children under age 18. If you are under 18 years of age do not use or provide any information on or through the Website or any of its features, register on the Website, or otherwise use or engage with the Foundation. If we learn we have collected or received information from a child under 18 we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at the email address below.

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 Foundation at:

Maclellan Foundation, Inc.
Attn: Privacy Department
820 Broad St. STE 300
Chattanooga, TN 37402
Phone: (423) 755 – 1366
[email protected]