Legal Terms and Privacy Statement

The short story is, we don’t collect any personally identifiable information. We may collect the number of clicks on specific donor-advised funds, but there is nothing that we retain which identifies you.

For the details, please read our legal terms below:

Last updated: November 14, 2017

Thank you for using the DAFwidget. The following terms govern your use of the DAFwidget and explain our data collection, use, and disclosure practices for the DAFwidget. The DAFwidget is provided by MarketSmart L.L.C., a Maryland limited liability company (“MarketSmart”, “we”, “us” or “our”).

The privacy statement included in the following terms applies solely to information MarketSmart collects through the DAFwidget; however, it does not apply to information collected by a third-party website on which the DAFwidget is hosted (a “Third-Party Hosted Website”), or information collected by a website that is hosted by MarketSmart (a “MarketSmart-Hosted Website”). This privacy statement also does not apply to information that you share with third parties or that is collected by third parties through a Third-Party Hosted Website or a MarketSmart-Hosted Website. You acknowledge and agree that MarketSmart is not responsible for the data collection or use practices of a Third-Party Host Website or any third party utilized in providing the Third-Party Host Website. Additionally, you acknowledge and agree that MarketSmart is not involved with or responsible for your interactions with any donor-advised fund or non-profit organization accessible via the DAFwidget.

If the operator of a MarketSmart-Hosted Website has an agreement with MarketSmart (a “MarketSmart Contract”) that contains privacy or confidentiality terms that are more stringent than those in this privacy statement, then the applicable terms of the MarketSmart Contract will control over this privacy statement.

Consent

By accessing or using the DAFwidget, you consent to these terms. If you do not agree with these terms, please do not access or use the DAFwidget. Information gathered through the DAFwidget may be transferred, used, and stored in the United States or in other countries where our service providers or we are located. If you use the DAFwidget, you agree to the transfer, use, and storage of your information in those countries. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. You agree that all transactions relating to the DAFwidget are deemed to occur in the United States, where our servers are located.

Information We Obtain and How We Use It

When you access and use the DAFwidget we may collect non-personal information—that is, information that does not personally identify an individual. We may collect information about how you interact with the DAFwidget (such as the donor-advised fund links you click on using the DAFwidget), information generally collected or “logged” by Internet websites or Internet services when accessed or used by users (such as HTTP header information), and information about your web browser or device that is accessing or using the DAFwidget (such as your operating system version).

We may also collect personal information (that is, information that can identify or reasonably be linked to an individual) in the form of the email address you provide if and when you notify us that a particular donor-advised fund is not listed in the DAFwidget.
We will not use non-personal information to try to identify you, and if we associate any non-personal information with your email address, then we will treat it as personal information. Information collected by the DAFwidget may be collected by us or one of our service providers acting on our behalf, but in either case, this privacy statement will govern the collection, use, and sharing of your information.

We may use the information we collect to: assist us in providing, maintaining, and protecting the DAFwidget; improving our online operations; managing and maintaining the systems that provide the DAFwidget; communicate with you, such as to respond to your request to add a particular donor-advised fund to the DAFwidget; and to perform research and analysis aimed at improving our products and services.

We may also disclose your information to third parties when we believe, in good faith and in our sole discretion, that such disclosure is reasonably necessary to (a) enforce or apply these terms (b) comply with legal or regulatory requirements or an enforceable governmental request, (c) protect the rights, property or safety of us, our users or other third parties, (d) prevent a crime or protect national security, or (e) detect, prevent or otherwise address fraud, security or technical issues.

Finally, we reserve the right to transfer any information to a third party in the event of a sale, merger, or transfer of all or substantially all of the assets of our company relating to the DAFwidget, or in the unlikely event of a bankruptcy, liquidation, or receivership of our business. We will use commercially reasonable efforts to notify you of any such transfer, for example via email or by posting notice in the form of an update to these terms.

Lastly, we may also disclose non-personal information, aggregated with information about our other users, to our clients, business partners, merchants, advertisers, investors, potential buyers and other third parties if we deem such disclosure, in our sole discretion, to have sound business reasons or justifications.

California residents: for more information about how we share your data, please contact us at support@dafwidget.com.

How We Protect the Personal Information We Collect

We implement reasonable administrative, technical, and physical safeguards that are designed to protect the personal information you provide from unauthorized access, use, or disclosure.

Transparency and Choice

You may request access to your personal information by sending an email to support@dafwidget.com. We will try to locate and provide you with your personal information and give you the opportunity to correct this data, if it is inaccurate, or to delete it, at your request. But, in either case, we may need to retain it for legal reasons or for legitimate business purposes.

We ask individual users to identify themselves and the information requested to be accessed, corrected, or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, would be extremely impractical (for instance, requests concerning information residing on backups), or relate to information that is not associated with your personal information. In any case, where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort.

Please be aware that even if you request that we delete your personal information, we may need to retain certain information for a limited period of time to satisfy our legal, audit and/or dispute resolution requirements.

Our Warranties, Disclaimers, and Liability for the DAFwidget

The DAFwidget is provided “as-is.” Other than as expressly set out in these terms, MarketSmart makes no promises about the DAFwidget, including its functions or reliability, availability, or ability to meet your needs. MarketSmart also does not make any warranties of non-infringement, freedom from viruses or malware, or error-free or uninterrupted operations. Except as otherwise required by applicable law, MarketSmart is not responsible for any lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages and MarketSmart’s total liability for any claims under these terms or relating to your use of the DAFwidget is limited to the amount you paid us to use the DAFwidget. These terms shall be governed by the laws of the United States and the State of Maryland, excluding Maryland’s conflict of laws rules. All claims arising out of or relating to these terms will be litigated exclusively in the federal or state courts of Greenbelt, Maryland and you and MarketSmart consent to personal jurisdiction in those courts.

Ownership of the DAFwidget

MarketSmart gives you a personal, non-assignable, and non-exclusive right and license to access and use the DAFwidget on MarketSmart-Hosted Websites and Third-Party Hosted Websites. However, MarketSmart retains all ownership of the DAFwidget and all intellectual property therein. All rights not expressly granted to you herein are reserved by MarketSmart. You may not copy, modify, distribute, sell, or lease any part of the DAFwidget, nor may you reverse engineer or attempt to extract the source code of the DAFwidget, unless laws prohibit those restrictions or you have our written permission.

Children

The DAFwidget is not intended for users under 18 years of age. We do not knowingly collect personal information from users under 18 years of age. We do not authorize users under 18 years of age to use the DAFwidget.

Updates to these Terms

These terms may be periodically updated via the DAFwidget and/or on our website (dafwidget.com) without prior notice to you to reflect changes in our practices. We will indicate at the top of these terms when they were most recently updated.

Questions

To ask questions about these terms or to lodge a complaint, contact us at: