Privacy Policy

Welcome to Fenly, a donation services website located at fenly.org. Fenly is owned by The Maryland Food Bank, Inc., a Maryland corporation (referred to herein as us, we, our or Fenly). Subscribers to the services provided by Fenly can create additional online locations (each such location, an Organizer Site) where a subscriber’s registered users (collectively, subscribers and their registered users, Organizers) can organize, process, and manage fundraiser and virtual food drive campaigns (Campaigns). Collectively, the website at fenly.org, all Organizer Sites, and all Campaigns constitute the Platform, and collectively, all visitors to the Platform, donors to Campaigns, Organizers, and individuals acting on behalf of Organizers are referred to herein as you or user.

Please read this Privacy Policy and our Terms of Use before you access, use, or provide any information to the Platform. This Privacy Policy incorporates the Terms of Use by reference. By using the Platform, you agree to this Privacy Policy and the Terms of Use. If you do not agree to this Privacy Policy and the Terms of Use, then you do not have permission to access, use, or submit information to the Platform.

Fenly respects your privacy. We created this Privacy Policy to explain why we collect certain information and how we will protect your personal privacy within the Platform. The information we collect from you may include information, such as your name, postal address, email address, phone number, or any other identifier by which you may be contacted online or offline (collectively, Personal Information) as well as other information that does not identify you as an individual person. We value your trust and appreciate your important sponsorship. If you have any questions or comments concerning our privacy practices, pleasecontact us. Our contact information is listed in the section headed “Contact us” below.

If you are in the European Union (EU) certain definitions and sections of this Privacy Policy apply exclusively to you:

• Any section of this Privacy Policy that references the EU applies exclusively to you.
• Fenly is your data controller and we can be reached at the contact information listed in the section headed “Contacting us” below.
• The scope of Personal Information for EU users is broader than the general definition used in this Privacy Policy and covers all information we collect from you that, either in isolation or in combination with other information we possess, reasonably enables the identification of you.

What information we collect

Information you voluntarily provide

We collect information, including Personal Information, from you when you voluntarily provide such information. For example, when you register with the Platform, we may collect your name, email address, and location. When you create an Organizer Site we may collect information about your affiliation with a charitable cause or place of employment. When you make a contribution to a campaign, we may collect your name, picture, and contribution amount.

No credit card or bank account information

We do not collect or have access to your credit card, bank account, virtual currency, or other payment information. Fenly uses the third party payment processor indicated on the Platform (Payment Processor) to process all visitor donations and all fees for Organizer Sites. Any payment information you provide to execute a transaction on the Platform is encrypted independent from Fenly and provided to the Payment Processor for processing in accordance with the standards of the payment processing industry. The protection of your payment information is governed by the privacy policy and related terms of the Payment Processor. Please visit the Payment Processor’s website to review such privacy policy and related terms. We may delete any payment informationyou provide.

Sensitive information

We ask that you not send or otherwise disclose sensitive information to us about your racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background, or trade union membership, unless we specifically request such sensitive information. In some circumstances we may request such sensitive information, but will only do so with your express consent and in accordance with the law. If you provide sensitive information to us without our request, then we may delete any such sensitive information.

Children

The Platform is not intended for individuals under the age of 16, and Fenly does not knowingly collect information from such individuals. We may delete any information identified as being provided by individuals under the age of 16.

Server logs

The servers we use to host the Platform collect certain log information about your use of the Platform. This log information consists of the typical information collected when a server hosts a website over the Internet, such as the internet protocol (IP) address assigned to your device, the date and time the Platform was requested, and the previous webpage you visited. Depending on the configuration of your connection to the Internet, your IP address may provide an indication of your location, which is generally no more precise than the city where your device is located.

Internet browser and device services

The internet browser you use to access the Platform collects and provides us certain information about your device. Depending on your browser, thisinformation can include the type of device you use, your operating system type and version, and browser type and version. Services running on your device may provide us information about you. For example, geolocation services running on your device may provide address-level location data to us.

Cookies

Like most websites, we use cookies, web beacons, and similar technologies (collectively, Cookies) to track your usage of the Platform. We do not use Cookies to identify you as an individual person. Cookies are small files that can be issued to your device when you visit a website or use a mobile application or that can be embedded in the content of an email, webpage, or application. Depending on their purpose, some Cookies may expire when you close your internet browser or your mobile application, and other Cookies may remain stored on your device for a longer period of time. We use Cookies to track your access to the Platform, your usage of different features of the Platform, your usage of other websites or mobile applications, and to track whether you click links or access certain content that we provide to you on the Platform or in communications to you.

We may directly set Cookies to your device or a third party may set cookies to your device through the Platform. For example, we may contract with third party service providers, to process your data and analyze usage patterns on the Platform, and to serve advertisements and marketing on our behalf or to provide advertisingand marketing-related services.These companies may use a cookie or an action tag, to tailor the advertisements you see on this Website and other sites, to track your response to their advertisement, to determine whether advertising has been served and to measure the effectiveness of their advertising or to award incentives or points to their members who respond to their advertisements. The cookies, action tags or similar files do not contain any Personal Information.We currently work with the following third party service providers:

• Google Analytics
• Facebook
• LinkedIn
• Active Campaign
• HubSpot

By accepting this Privacy Policy, you consent to the processing of your information by these third party service providers. The protection of information collected by these third party service providers is governed by their privacy policies and related terms. Please visit their websites to review such privacy policies and related terms.

Limiting Collection

Most internet browsers, mobile applications, and operating systems allow you to configure privacy settings to limit or disable cookies, web beacons, and related technologies. For example, you can typically adjust settings to cause a browser to notify you when a cookie has been issued or to block cookies altogether. You can also generally disable services running on your device, such as geolocation services. Certain internet browsers may enable you to request that websites “do not track” your browsing behavior on the website. The Platform currently does not respond to such “do not track” signals because there is no consistent industry standard for compliance with such signals. For more information privacy settings and configuring cookies, web beacons, and related technologies please see aboutads.info/choices if you are in the United States or youronlinechoices.eu if you are in the EU.

Although you are under no obligation to provide us with information, certain information we collect is necessary for the functionality of the Platform. Should you choose to withhold certain information, we may not be able to provide you with access to or use of some features of the Platform.

How we use your information

Our use

We use information we collect from you for the purposes described in this Privacy Policy or as otherwise described at the point such information is collected. Generally, we use the Personal Information we collect from you for the purpose it was collected. For example:

• when you provide Personal Information when making a donation, we will use such Personal Information for the purpose of processing the donation;
• when you provide Personal Information to register as an Organizer, we will use such Personal Information for the purpose of establishing your account as an Organizer; and
• when your provide Personal Information when submitting inquiry to the Platform, we will use such Personal Information to respond to the inquiry.

We may use Personal Information we collect from you to ensure the security, maintenance, and improvement of the Platform, to operate Fenly’s business, and to market relevant services to you. For example, we may use Personal Information we collect:

• to enhance access to and presentation of the features of the Platform and customize content for your experience;
• to alert you about features or changes to the Platform and other services of Fenly;
• to update and enforce this Privacy Policy, our Terms of Use, and other contracts;
• to comply with applicable laws;
• to protect Fenly’s business, our rights, and those of our users;
• to evaluate the satisfaction of our users with the Platform;
• to identify the number of unique visitors to the Platform, determine how long you access certain content on the platform, and determine how frequently you use certain features; and
• to conduct research on the behaviors, interests, and demographics of our users.

We may use any information we collect from you that is not Personal Information, for any purpose. We may use your email address to send you marketing and other information.

Use by third parties

The third party service providers we work with may use Cookies to collect information about your online activities over time and on other websites, and may use such information to target advertising to you on the Platform and on other websites and mobile applications.

If you are in the EU

If you are in the EU, we will only use your Personal Information to the extent that applicable law allows and therefore will only process your Personal Information if:

• it is necessary for the performance of a contract we have with you;
• it is necessary to comply with a legal obligation;
• you have given your consent to our use of your Personal Information; or
• we have a legitimate interest which is not overridden by your interests or your rights and freedoms. Such legitimate interests include the the security, maintenance, and improvement of the Platform, operation of Fenly’s business, and marketing relevant services to you.

Disclosure of your information

Protection of your information

Fenly will not, subject to the terms of this Privacy Policy, intentionally disclose Personal Information we collect from you to third parties without your consent.

General disclosure

We may disclose the Personal Information we collect from you in accordance with Privacy Policy or as described to you at the point your Personal Information is collected. As examples, we may disclose your Personal Information to:

• affiliate organizations;
• third parties that are non-profit organizations with charitable purposes similar to Fenly’s;
• third parties in connection with a reorganization, merger, sale, joint venture, assignment, or other disposition of all or substantially all of Fenly’s business; or
• third parties that provide services to Fenly related to the Platform.

Any such third party will be obligated to protect your Personal Information to the same degree as Fenly protects your Personal Information.

Social networking

The Platform may include online messaging, posting, and other social networking functionality. Please remember that any information that is disclosed in these areas becomes public information for both Fenly and others to use and share.

Unconditional disclosure

In addition, we may disclose your Personal Information unconditionally:

• to law enforcement authorities or other government officials;
• when we believe disclosure is reasonably appropriate to prevent physical harm or financial loss; or
• in connection with an investigation of illegal activity.

We may disclose any information we collect from you that is not Personal Information, to any third party, for any purpose.

Links

The Platform may contain links to other websites. Please note that when you click on one of these links, you are entering another site for which Fenly has no responsibility. We encourage you to read the privacy policies and terms on all such sites as their policies may be different than ours.

Where your information is processed

The information Fenly directly collects is processed and stored in the United States. The information collected using Cookies set by third party service providers identified in this Privacy Policy may or may not be processed in the United States. Please review the privacy policies and related terms of such third party service providers to determine the location of their processing activities. The laws of the United States or other countries governing data protection may not be as protective as the laws in the country where you live.

Security

Fenly will take reasonable steps to prevent the unauthorized disclosure or use of the Personal Information we process or store. However, no transmission of information over the Internet is fully secure.

Retention

In general, Fenly retains your Personal Information for as long as it is relevant for the purposes it was collected, unless a longer period of time is required to comply with our record retention policy, to protect ourselves against legal claims, or to comply with applicable law.

Your rights

In general

If you would not like us to share your Personal Information with third parties that are non-profit organizations with charitable purposes similar to Fenly’s, please contact us with your request using the contact information listed in the section headed “Contact us” below.

If you are in California

California Civil Code Section 1798.83 permits California residents to request certain information regarding our disclosure of information to third parties for their direct marketing purposes. To make such a request, please contact us with your request using the contact information indicated in “Contact us” below. If you would like a response via email, please include an email address. Otherwise, we will respond by postal mail within the time required by law.

If you are in the EU

If you are in the EU, you have certain rights that you can exercise under certain circumstances in relation to the Personal Information that we hold. These rights are the following:

• to request access to your Personal Information and request certain information in relation to its processing;
• to request rectification of your Personal Information;
• to request the erasure of your Personal Information;
• to request that we restrict the processing of your Personal Information;
• to object to the processing of your Personal Information;
• to withdraw your previously given specific consent to the collection, processing, and transfer of your Personal Information for a specific purpose; and
• to file a complaint with the competent data protection authority.

If you would like to exercise any of these rights, please contact us with your request using the contact information listed in the section headed “Contact us” below.We reserve the right to charge a reasonable fee for complying with your request where allowed by applicable law, and/or deny your request where we reasonably determine it is excessive or without basis.

Consent

By using the Platform, you consent to the collection, use, disclosure, and storage of your information by us in the manner described in this Privacy Policy or at the point such information was collected.

Changes

We reserve the right to modify this Privacy Policy from time to time. If we make any changes to this Privacy Policy, we will post the updated Privacy Policy on this location of the Platform. If you object to any changes, you may stop using the Platform. Continuing to access or use the Platform after we publish changes to this PrivacyPolicy means that you agree to the changes, subject to applicable law.

Contact us

If you have questions or requests concerning this Privacy Policy, please contact Fenly by email at help@fenly.org or by postal mail at:

Maryland Food Bank – Fenly
2200 Halethorpe Farms Road
Baltimore, Maryland 21227
United States