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PRIVACY POLICY

www.thesundaefoundation.org

Effective date: 1st March 2023

Welcome to www.thesundaefoundation.org (the “Site”) which is owned by The Sundae Foundation (“we”, “us” and “our”) and operated from the United States. This privacy policy has been compiled to better serve those who are concerned with how their ‘Personally Identifiable Information’ (PII) is being used online. PII, as described in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context.

PLEASE READ OUR PRIVACY POLICY CAREFULLY TO GET A CLEAR UNDERSTANDING OF HOW WE COLLECT, USE, PROTECT, OR OTHERWISE HANDLE YOUR PII IN ACCORDANCE WITH OUR WEBSITE.

Collection of Personal and Non-Personal Information (PII and Non-PII)

We collect and store certain personally identifiable information about you (i.e., information which may identify you in some way; such as your name, billing address, telephone number, email address, screen name and/or financial information) (“PII”) only when you voluntarily submit it. We may request that you submit PII in certain instances, such as when you purchase services offered by us, submit comments or questions, request information, participate in a promotion, contest or sweepstakes or utilize other features or functions of our site.

When you connect to our Site, there is certain technical, non-personally identifiable information which does not identify any individual (“Non-PII”) that may be collected and stored through the use of “cookie” technology and IP addresses. PII is not extracted in this process. Non-PII may include, but is not limited to, your IP host address, internet browser type, personal computer settings, and the number, duration, and character of page visits. This information assists us to update our site so that it remains interesting to our visitors and contains content that is tailored to visitors’ interests.

Use of Your PII. When you provide your PII at our Site, we will limit the use of the PII for the purpose for which it was collected in accordance with the terms of this Privacy Policy. Other limited uses of your PII may include:

To respond to your questions, comments, and requests; to provide you with access to certain areas and features on our Site; and to communicate with you about your activities on our site.

To investigate suspected fraud, harassment, physical threats, or other violations of any law, rule or regulation, the rules or policies of our Site, or the rights of third parties; or to investigate any suspected conduct which we deem improper.

To the extent that you provide us with financial information in connection with shopping or commercial services offered on our Site, we may use the financial information that you provide to fulfill the services.

To help us develop, deliver and improve our services, content and advertising.

To share with our parent, subsidiary, and affiliated companies, and promotional partners involved in creating, producing, delivering, or maintaining our Site, as required to perform functions on our behalf in connection with the Site (such as administration of the Site, administration of promotions or other features on the Site, marketing, data analysis, and user services). In order to share such information, it may be necessary for us to transmit your PII outside the jurisdiction set forth below and you agree to this transfer. Further use or disclosure of PII by these parties for other purposes is not permitted.

To share with third party service providers whom we employ to perform functions on our behalf in connection with the Site (such functions may include, but are not limited to, sending postal mail and e-mail, removing repetitive information from user lists, analyzing data and providing marketing assistance, and providing user service). These third party service providers have access to PII that is needed to perform their functions, and may collect or store PII as part of their performance of these functions, but are not authorized to use it for other purposes.

For our internal purposes such as auditing, data analysis, and research to improve our services and user communications.

For other purposes as disclosed when your PII is collected or in any additional terms and conditions applicable to a particular feature of our site.

For disclosures required by law, regulation, or court order.

For the purpose of or in connection with legal proceedings or necessary for establishing, defending, or exercising legal rights.

In an emergency to protect the health or safety of users of our site or the general public, or in the interests of national security.

Except as provided for herein, we will not provide any of your PII to any third parties without your specific consent.

Managing Your Personal Information. You have the ultimate control over the PII that we collect and use. You can always chose not to provide certain PII, but please keep in mind that you may not be able to use some of the features offered by our site unless you provide us with your PII. If you wish to verify, update, or correct any of your PII collected through our site, contact us on the details provided in the contact section of this policy.

We may also use your PII for the following purposes:

Direct Marketing.  We may use your personal information to send you The Sundae Foundation-related marketing communications as permitted by law.  You will have the ability to opt-out of our marketing and promotional communications.

For research and development.  We may use your personal information for research and development purposes, including to analyze and improve the Service and our business. 

To create anonymous data.  We may create aggregated, de-identified or other anonymous

data records from your personal information and other individuals whose personal information we collect.  We make personal information into anonymous data by excluding information (such as your name) that makes the data personally identifiable to you.  We may use this anonymous data and share it with third parties for our lawful business purposes, including to analyze and improve the Service and promote our business.

To comply with laws and regulations.  We use your personal information as we believe necessary or appropriate to comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities. 

For compliance, fraud prevention and safety.  We may use your personal information and disclose it to law enforcement, government authorities, and private parties as we believe necessary or appropriate to: (a) protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims); (b) audit our internal processes for compliance with legal and contractual requirements; (c) enforce the terms and conditions that govern the Service; and (d) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity, including cyber-attacks and identity theft.

With your consent.  In some cases we may specifically ask for your consent to collect, use or share your personal information, such as when required by law. 

Security

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site. The security on the internet is not 100% guaranteed, however we use best efforts to keep it secure for the users. We do not accept liability for unintentional disclosure. We encourage you to use caution when using the Internet.

NOTICE TO CALIFORNIA RESIDENTS - CCPA

We are required by the California Consumer Privacy Act (“CCPA”) to provide to California residents an explanation of how we collect, use and share their Personal Information, and of the rights and choices, we offer to California residents concerning that Personal Information. 

Personal information that we collect, use, and share.  We do not sell personal information.  As we explain in this Privacy Policy, we use cookies and other tracking tools to analyze website traffic and facilitate advertising. 

Your California privacy rights.  The CCPA grants California residents the following rights.  However, these rights are not absolute, and in certain cases we may decline your request as permitted by law.

Information. You can request information about how we have collected, used and shared and used your Personal Information during the past 12 months.

The categories of Personal Information that we have collected.

The categories of sources from which we collected Personal Information.

The business or commercial purpose for collecting and/or selling Personal Information.

The categories of third parties with whom we share Personal Information.

Whether we have disclosed your Personal Information for a business purpose, and if so, the categories of Personal Information received by each category of third party recipient.

Whether we’ve sold your Personal Information, and if so, the categories of Personal Information received by each category of third party recipient.

Access. You can request a copy of the Personal Information that we have collected about you during the past 12 months.

Deletion. You can ask us to delete the Personal Information that we have collected from you.

You are entitled to exercise the rights described above free from discrimination in the form of legally prohibited increases in the price or decreases in the quality of our Service.

How to exercise your California rights.  You may exercise your California privacy rights described above as follows:

Right to information, access and deletion. You can request to exercise your information, access and deletion rights, by emailing thesundaefoundation@gmail.com .We reserve the right to confirm your California residence to process your requests and will need to confirm your identity to process your requests to exercise your information, access or deletion rights.  As part of this process, government identification may be required.  Consistent with California law, you may designate an authorized agent to make a request on your behalf. In order to designate an authorized agent to make a request on your behalf, you must provide a valid power of attorney, the requester’s valid government-issued identification, and the authorized agent’s valid government issued identification.  We cannot process your request if you do not provide us with sufficient detail to allow us to understand and respond to it.

Request a list of third party marketers. California’s “Shine the Light” law (California Civil Code § 1798.83) allows California residents to ask companies with whom they have formed a business relationship primarily for personal, family or household purposes to provide certain information about the companies’ sharing of certain personal information with third parties for their direct marketing purposes during the preceding year (if any).  You can submit such a request by sending an email to thesundaefoundation@gmail.com with “Shine the Light” in the subject line.  The request must include your current name, street address, city, state, and zip code and attest to the fact that you are a California resident.

We cannot process your request if you do not provide us with sufficient detail to allow us to

understand and respond to it.

COLORADO PRIVACY RIGHTS (EFFECTIVE JULY 1, 2023)

Under the CPA, Colorado residents have the right to receive certain disclosures regarding a business’ processing of “Personal Data,” as defined under the CPA, as well as certain rights with respect to our processing of such Personal Data. To the extent you are a resident of Colorado, and we collect Personal Data subject to applicable Colorado law, the following applies.

Right to Access: You have the right to confirm whether or not we are processing your Personal Data and to access such Personal Data.

Right to Correction: You have the right to correct inaccuracies in your Personal Data, taking into account the nature of the Personal Data and the purposes of the processing of your Personal Data.

Right to Deletion: You have the right to delete the Personal Data provided to us by you.

Right to Data Portability: You have the right to obtain a copy of the Personal Data that you previously provided to us in a portable and, to the extent technically feasible, readily usable format that allows you to transmit your Personal Data to another controller without hindrance, where the processing is carried out by automated means.

Right to Opt-Out of Sale, Targeted Advertising, and Profiling: For purposes of the CPA, a “sale” includes disclosing Personal Data to a third party in exchange for monetary compensation or other valuable consideration. We do not “sell” Personal Information under this definition. Colorado residents have the right to opt out of the processing of your Personal Data by us for decisions that produce legal or similarly significant effects concerning you. We do not process Personal Data for such profiling. To opt out of targeted marketing, where applicable, please click on the Opt-Out Link on the bottom of the website homepage.

Right to Appeal: If we decline to take action regarding your request, you have the right to appeal. We will notify you providing our reasons and instructions for how you can appeal the decision. You have the right to contact the Colorado Attorney General if you have concerns about the result of the appeal.

If any of the rights described in the sections above apply to you, you may make a request by contacting us at thesundaefoundation@gmail.com. ATTN: Privacy Office. Please indicate that you are making a request pursuant to your “Colorado Privacy Rights” and provide us with the following information: (1) first and last name; (2) email address; and (3) zip code. We will take steps to verify your request by matching the information provided by you with the information we have in our records.

CONNECTICUT PRIVACY RIGHTS (EFFECTIVE JULY 1, 2023)

Under the CTDPA, Connecticut residents have the right to receive certain disclosures regarding a business’ processing of “Personal Data,” as defined under the CTDPA, as well as certain rights with respect to our processing of such Personal Data. To the extent you are a Connecticut resident, and we collect Personal Data subject to applicable Connecticut law, the following

applies.

Right to Access: You may have the right to confirm whether or not we are processing your Personal Data and to access such Personal Data.

Right to Correction: You may have the right to correct inaccuracies in your Personal Data, taking into account the nature of the Personal Data and the purposes of the processing of your Personal Data.

Right to Deletion: You may have the right to delete the Personal Data provided to us by you.

Right to Data Portability: You may have the right to obtain a copy of the Personal Data that you previously provided to us in a portable and, to the extent technically feasible, readily usable format that allows you to transmit your Personal Data to another controller without hindrance, where the processing is carried out by automated means.

Right to Opt-Out of Sale, Targeted Advertising, and Profiling: For purposes of the CTDPA, a “sale” includes disclosing Personal Data to a third party in exchange for monetary compensation or other valuable consideration. We do not “sell” Personal Information under this definition. Connecticut residents have the right to opt out of the processing of your Personal Data by us for decisions that produce legal or similarly significant effects concerning you. We do not process Personal Data for such profiling. To opt out of targeted marketing, where applicable, please click on the Opt-Out Link on the bottom of the website homepage.

Right to Appeal: If we decline to take action regarding your request, you have the right to appeal. We will notify you providing our reasons and instructions for how you can appeal the decision. If the appeal is denied, we will provide a way for you contact the Attorney General to submit a complaint.

If any of the rights described in the sections above apply to you, you may make a request by contacting us at thesundaefoundation@gmail.com ATTN: Privacy Office. Please indicate that you are making a request pursuant to your “Colorado Privacy Rights” and provide us with the following information: (1) first and last name; (2) email address; and (3) zip code. We will take steps to verify your request by matching the information provided by you with the information we have in our records.

VIRGINIA PRIVACY RIGHTS (EFFECTIVE JANUARY 1, 2023)

Under the VCDPA, Virginia residents have the right to receive certain disclosures regarding a business’ processing of “Personal Data,” as defined under the VCDPA, as well as certain rights with respect to our processing of such Personal Data. To the extent you are a resident of Virginia and we collect Personal Data subject to applicable Virginia law, the following applies.

Right to Access: To confirm whether or not we are processing your Personal Data and to access such Personal Data.

Right of Portability: You may have the right to obtain a copy of the Personal Data that you previously provided to us in a portable and, to the extent technically feasible, readily usable format that allows you to transmit your Personal Data to another controller or business where the processing is carried out by automated means.

Right to Correction: You may have the right to correct inaccuracies in your Personal Data, taking into account the nature of the Personal Data and the purposes of the processing of your Personal Data.

Right to Deletion: You may have the right to delete Personal Data provided by or obtained about you.

Right to Opt-Out of Sale: Under the VCDPA, a “sale” includes disclosing or making available Personal Information to a third party in exchange for money. We do not “sell” Personal Information under this definition.

Right to Opt-Out of Targeted Ads and Significant Profiling: You may have the right to opt out of the processing of your Personal Data by us for decisions that produce legal or similarly significant effects concerning you. We do not process Personal Data for such profiling. To opt out of targeted marketing, where applicable, please click on the Opt-Out Link on the bottom of the website homepage.

Right to Appeal: If we decline to take action regarding your request, you have the right to appeal. We will notify you providing our reasons and instructions for how you can appeal the decision. If the appeal is denied, we will provide a way for you contact the Attorney General to submit a complaint.

If any of the rights described in the sections above apply to you, you may make a request by contacting us at thesundaefoundation@gmail.com ATTN: Privacy Office. Please indicate that you are making a request pursuant to your “Virginia Privacy Rights” and provide us with the following information: (1) first and last name; (2) email address; and (3) zip code. We will take steps to verify your request by matching the information provided by you with the information we have in our records. Please note, we may deny your request if (1) we are not reasonably capable of associating your request with the Personal Data or it would be unreasonably burdensome for us to associate your request with the Personal Data; (2) we do not use the Personal Data to recognize or respond to you specifically or associate the Personal Data with other Personal Data about you; and (3) we do not sell the Personal Data to any third party or otherwise voluntarily disclose the Personal Data to any third party other than a processor, except as otherwise permitted under Virginia law.

UTAH PRIVACY RIGHTS (EFFECTIVE DECEMBER 31, 2023)

Under the Utah Consumer Privacy Act (“UCPA”), Utah residents have the right to receive certain disclosures regarding a business’ processing of “Personal Data,” as defined under UCPA, as well as certain rights with respect to our processing of such Personal Data. To the extent you are a resident of Utah, and we collect Personal Data subject to applicable Utah law, the following applies.

Right to Access: You may have the right to confirm whether or not we are processing your Personal Data and to access such Personal Data.

Right to Correction: You may have the right to correct inaccuracies in your Personal Data, taking into account the nature of the Personal Data and the purposes of the processing of your Personal Data.

Right to Deletion: You may have the right to delete the Personal Data provided to us by you.

Right to Data Portability: You may have the right to obtain a copy of the Personal Data that you previously provided to us in a portable and, to the extent technically feasible, readily usable format that allows you to transmit your Personal Data to another controller without hindrance, where the processing is carried out by automated means.

Right to Opt-Out of Sale, Targeted Advertising, and Profiling: For purposes of UCPA, a “sale” includes disclosing Personal Data to a third party in exchange for monetary compensation. We do not “sell” Personal Information under this definition. Utah residents have the right to opt out of the processing of your Personal Data by us for decisions that produce legal or similarly significant effects concerning you. We do not process Personal Data for such profiling. To opt out of targeted marketing, where applicable, please click on the Opt-Out Link on the bottom of the website homepage.

If any of the rights described in the sections above apply to you, you may make a request by contacting us at thesundaefoundation@gmail.com ATTN: Privacy Office. Please indicate that you are making a request pursuant to your “Utah Privacy Rights” and provide us with the following information: (1) first and last name; (2) email address; and (3) zip code.

We will take steps to verify your request by matching the information provided by you with the information we have in our records.

Sharing your personal information

We do not sell, trade, or rent Users personal identification information to others in accordance with the CCPA. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.

Children

The Sundae Foundation is not intended for use by children under 13 years of age, and we do not knowingly collect information about children under age 13 through the Service.  If we learn that we have collected personal information of a child without the consent of the child’s parent or guardian as required by law, we will delete it. We aim to comply with the COPPA.

Third party websites

Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and user service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website's own terms and policies.

Data Retention

We will retain your information for as long as needed to provide you the Site services, for our valid business purposes, and as necessary to comply with our legal obligations, resolve

disputes, defend our legal rights, and enforce our agreements.

Changes

The Sundae Foundation has the discretion to update this privacy policy at any time. When we do, we will revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

Acceptance

By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

Contacting us

If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us at:

The Sundae Foundation

Email:thesundaefoundation@gmail.com

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