Fabien Cousteau Ocean Learning Center Privacy Policy

PRIVACY STATEMENT
Effective Date: May 6, 2020
Welcome! The Fabien Cousteau Ocean Learning Center Inc., (collectively, the “FCOLC”, “Foundation”, “we”, “us” or “our”), is a foundation established to raise awareness, educate, and inform all citizens of the world of ways to protect and preserve the planet’s waters, coastal areas, and endangered marine habitats and marine life by providing the knowledge and the discovery of new technologies to advocates and supporters of ocean preservation, we collaborate with partners to develop education programs and activities in aquatic conservation, restoration, and marine projects dedicated to protecting the earth’s waters and its inhabitants for the future of our next generation.
We wrote this privacy statement to help you understand what information we collect, how we use it, what choices you have and other important information. Although some of the concepts below are a bit technical, we tried our best to explain things in a straightforward and transparent way. If you have any questions or comments about this privacy statement or the ways in which the Foundation uses the information we collect, please do not hesitate to contact us using the information provided in the “Contact Us” section at the bottom of this privacy statement.
Scope of Our Privacy Statement
When this Privacy Statement Applies
This privacy statement applies to information collected through fabiencousteauolc.org and any other websites, mobile apps or other online products and services that display or link to this privacy statement (collectively, “online environments”).
When this Privacy Statement Does Not Apply
This privacy statement does not apply to:
• Websites, mobile apps or other products and services that have their own privacy statement or policy;
• Websites, mobile apps or other products and services that do not display or link to this privacy statement; and
• Information collected offline.
If you have any questions as to whether this privacy statement applies to you, please do not hesitate to contact us using the information provided in the “Contact Us” section at the bottom of this privacy statement.
Information We Collect
We collect information in a few different ways: (i) information you submit or give us permission to obtain; and (ii) technical information collected automatically. Each of these ways is discussed below.
Information You Submit or Give Us Permission to Obtain
We collect information from you when you choose to provide it to us through our online environments. For example, if you:
• Donate to the FCOLC, you may provide us with your name, email address, postal address, payment card information, donation amount, and any information included in your donation message (if any);
• Register for FCOLC events, you may provide us with your name, email address, postal address, guest names, meal preferences, payment card information, donation amount, and any information included in your message;
• Request support or contact us with an inquiry, you may provide us with information such as your name, contact information, the subject of your inquiry, message content and any other information you choose to provide;
• Sign up to receive updates from the FCOLC, you may provide us with your name, email address, phone number, and postal address; and
• Respond to surveys, you may provide us with your survey responses, contact information and any other information required to complete the survey.
We also collect information from you when you give us permission to access it. For example, if you access our online environments through your mobile device (for example, via a mobile app or your device’s browser), you may give us access to location data.
Technical Information Collected Automatically
We may collect certain technical information about your visits to our online environments without you actively submitting such information. This information can make your use of our online environments easier and more meaningful by allowing us to provide better service, customize our online environments based on your preferences, compile statistics, analyze trends and otherwise administer and improve our online environments.
Some of the types of technical information collected automatically when visiting our online environments include:
• Log Data. When you use our online environments, our servers automatically record information (“log data”), including information that your browser or mobile app sends whenever you visit or use our online environments. This log data may include your Internet Protocol address, the address of the web pages you visited that had Foundation features, browser type and settings, the date and time of your request, how you used our online environments and cookie data;
• Cookie Data. Depending on how you are accessing our online environments, we may use “cookies” (a small text file sent by your device each time you visit our websites, unique to your Foundation account or your browser) or similar technologies to record log data. When we use cookies, we may use “session” cookies (that last until you close your browser) or “persistent” cookies (that last until you or your browser delete them). For example, we may use cookies to remember your personal preferences, such as sections of our online environments that you visit frequently, your account ID or other settings so you don’t have to set them up every time you visit our online environments. Some of the cookies we use may be associated with your Foundation account (including information about you, such as the email address you gave us), and other cookies are not; and
• Device Information. In addition to log data, we may also collect information about the device you are using to access our online environments, including what type of device it is, what operating system you are using, device settings, unique device identifiers and crash data. Whether we collect some or all of this information often depends on what type of device you are using and its settings. For example, different types of information are available depending on whether you are using a Mac or a PC, or an iPhone or an Android phone. To learn more about what information your device makes available to us, please also check the policies of your device manufacturer or software provider.
How We Use the Information We Collect
We use the information we collect to support and further the mission of the Foundation, organize events and protect ourselves and our customers.
If you donate to the FCOLC, the information we collect is used to process your donation, invite you to events, and contact you regarding your donation and future donations.
If you register for events, the information we collect is used to register you, satisfy any meal requests, facilitate the purchase of tickets, seat you with others, and contact you regarding future events and donating opportunities.
If you submit a question, the information we collect is used to respond to your question.
We also use the information we collect for other legitimate business purposes, such as to:
• Send you notices and other information regarding our programs, events and similar FCOLC opportunities;
• Respond to your inquiries or support requests;
• Invite you to participate in surveys;
• Furnish and maintain our online environments; and
• Secure our networks and online environments.
We may also use the information we collect to offer you customized content, including to:
• Recognize new or past visitors to our online environments;
• Remember your personal preferences; and
• Conduct research and analyze the use of our online environments, products, services and advertisements.
Some of our applications and mobile-optimized online environments may have location-based features. To deliver these features, we may access and use location data provided by your mobile device if you give us permission. Location information will be collected solely to deliver the requested feature, and it will not be further retained or stored by us.
Finally, in certain limited circumstances, we may be called upon to release the information we collect in response to a court order, subpoena, search warrant, law or regulation. We plan to cooperate in responding to such requests, taking appropriate measures to ensure that the requester understands the potentially-sensitive nature of the information they may receive. We also reserve the right to cooperate with law enforcement authorities in investigating and prosecuting members or visitors who violate our rules or engage in behavior that is illegal or harmful to others or their property.
How FCOLC and Our Partners Use Cookies
We use common tools, such as cookies and similar technologies (discussed in the “Technical Information Collected Automatically” section above), to monitor interactions with our online environments, identify you and maintain your user preferences, tailor web content to match your browser capability, analyze usage trends, administer and improve our online environments, identify irregular site behavior, prevent fraudulent activity and improve security.
When We Share Your Information & Our Relationship to Third Parties
We may use third parties to perform a variety of functions on our behalf. We may also use third parties to analyze data collected through our online environments (for example, our website platform provider). We will not disclose your personally identifying information to anyone other than our employees and those third parties with whom we have a business relationship. If we allow a third party vendor to have access to your personally identifying information, we will not authorize them to take it or use it for any purpose that is not consistent with this privacy statement.
We will not sell or disclose any personally identifying information collected from you without your express permission, except as explained in this privacy statement.
• Vendors and Suppliers. We have relationships with different vendors and suppliers who help us design and maintain our online environments, systems and computer security, respond to consumer inquiries, fulfill orders, analyze our data, create special programs and engage in any other information uses described in this privacy statement.
• Legal Requests and Preventing Harm. If we believe that disclosure of information is reasonably necessary to comply with a law, regulation or legal request; to protect the safety, rights, or property of the public, any person, or the Foundation; or to detect, prevent, or otherwise address fraud, security or technical issues.
• Change of Ownership or Control. We may engage in a merger, acquisition, bankruptcy, dissolution, reorganization, or similar transaction or proceeding that may involve the transfer of the information described in this privacy statement.
Other Important Information About Our Relationship With Third Parties
• Links to Other Sites. We may also feature links to websites that we believe you might find useful and informative. Please be aware, however, that we do not endorse or recommend these sites’ content, products or services, and we are not responsible for the privacy practices of these other sites. We encourage you to be aware of and read the privacy policy or statement of each site you visit. Remember, this privacy statement applies solely to information collected or used by the Foundation.
• Social Media Plugins. Our online environments may use social media plugins (for example, Facebook, Instagram and Twitter buttons) to enable you to visit pages on these social media sites or to easily share information with others. When you visit our online environments, the operator of the social plugin can place a cookie on your device, enabling that operator to recognize individuals who have previously visited our online environments. If you are logged into the social media website (for example, Facebook, Instagram and Twitter) while browsing on our online environments, the social plugins allow that social media website to receive information that you have visited our online environments. We do not control any of the content from the social media plugins. For more information about social plugins from other social media websites you should refer to those sites’ privacy and data sharing statements.
Choices You Have about Your Information
You may always limit the amount and type of information that we collect from you by choosing not to enter or provide any information requested from you on our online environments. However, some of our services can only be provided to you if you provide us with requested information. Some of the programs and services offered through our online environments may ask whether you wish to opt out or opt into our contact lists for updates and additional programs and services that may be of interest to you.
You can opt out of marketing emails we may send to you by following the “unsubscribe” instructions provided in such emails. If you opt out of our marketing emails, we may still send you transactional and relationship emails, such as emails about your donations.
You may also be provided with preference questions or preference boxes allowing you to indicate that you do not want our online environments to use tracking technologies, such as cookies, to “remember” the information collected on return visits, such as user IDs or mailing addresses. In addition, most web browsers have an option for turning off the cookie feature, which will prevent your browser from accepting new cookies, as well as (depending on the sophistication of your browser software) allowing you to decide on acceptance of each new cookie in a variety of ways. For more information about cookies and how to refuse them, visit here and here. To control flash cookies, which we may use on certain online environments from time to time, you can go here (note, this separate link is provided because flash cookies cannot be controlled through your browser settings).
How You Can Access and Correct Your Information
You can access, change or remove information previously provided to us upon request by contacting us at info@fabiencousteauOLC.org. For record keeping and compliance purposes, we will retain certain information collected from you in conjunction with commercial transactions.
How We Secure Your Information
We have instituted physical, technical and procedural safeguards to store and maintain information we collect in a secure environment. For example, when any confidential information is transmitted over public infrastructure it is encrypted. You may also be required to use a password to access certain pages on our online environments where certain types of your information can be changed or deleted. It is therefore important for you to protect against unauthorized access to your password and to your device. You take full responsibility for maintaining the complexity and confidentiality of your password. While we have implemented safeguards, you should be aware that Internet security technology rapidly changes. We cannot guarantee that the safeguards we employ today can protect your information from the threats of tomorrow. You should also be aware that despite our efforts, factors beyond our control may result in disclosure of information. Accordingly, we are not in a position to guarantee that your information will be secure under all circumstances.
International Transfers
Our online environments are designed for and targeted to U.S. audiences and are governed by and operated in accordance with the laws of the U.S. While users from countries other than the U.S. may access our online environments, we make no representation that such environments are operated in accordance with the laws or regulations of, or governed by, other nations.
Please be aware that by accessing our online environments, or providing us with information, you understand and agree that:
• Information collected from you may be transferred to and stored on servers located outside your jurisdiction;
• To the extent you are a resident of a country other than the United States, you consent to the transfer of such information to the United States for our use in accordance with this privacy statement; and
• This privacy statement, and the collection and use of information pursuant to this privacy statement, shall be governed by and construed in accordance with the laws of the United States, without giving effect to any principles of conflicts of law.
Providing us with information or continuing to use our online environments indicates that you are agreeing to the collection, use, disclosure, management and storage of information collected from you as described in this privacy statement.
Changes to this Privacy Statement
We reserve the right to amend this privacy statement without prior notice to reflect technological advancements, legal and regulatory changes and good business practices. If we change our privacy practices, a new privacy statement will reflect those changes and the effective date of the revised privacy statement will be set forth at the top of this privacy statement.
Contacting Us
If you have any questions or comments about this privacy statement or the ways in which we use information subject to this statement, please do not hesitate to contact us at info@fabiencousteauolc.org Phone: 888-676-5500.

TRAIL SOFTWARE, INC. PRIVACY POLICY

This Privacy Policy (this “Privacy Policy”) describes Trail Software’s (d/b/a Kindful) (“Trail Software”, “Kindful,” “we,” “us,” or” “our”) collection, use, and disclosure of “personal information” that may be collected by Kindful anytime you (“you” or “user”) visit our website, [https://www.kindful.com] (this “Site”). “Personal information” means information about an identifiable individual who can be directly or indirectly identified, which does not include information of an aggregate or anonymous nature where a specific individual or individuals cannot be identified.

BY SUBMITTING YOUR INFORMATION THROUGH THIS SITE, YOU CONSENT TO THIS PRIVACY POLICY AND TO KINDFUL’S) COLLECTION, USE, AND DISCLOSURE OF YOUR PERSONAL INFORMATION ACCORDING TO THE TERMS OF THIS PRIVACY POLICY. THIS SITE IS A GENERAL AUDIENCE SITE AND DOES NOT KNOWINGLY COLLECT PERSONAL INFORMATION FROM CHILDREN UNDER 13 YEARS OF AGE. IF YOU ARE UNDER 13 YEARS OF AGE, YOU ARE NOT PERMITTED TO USE THIS SITE.

This Privacy Policy is applicable only to this Site and does not apply to any third party websites or to other companies or persons. This Site may contain links to, and media and other content from, other sites. Because of the dynamic media capabilities of this Site, it may not be clear to you which links are embedded in this Site and which are embedded in third-party media or content. Kindful cannot and does not guarantee the privacy policies and practices of any third party. Kindful does not control, operate, or endorse any information, products, or services of any third-party websites that may be reached through links from this Site. The use of any personal information provided by you to such third party will be governed by that party’s privacy policy. If you are unsure whether a website is controlled, affiliated, or managed by Kindful, you should review the privacy policy at each linked website to determine how that site treats your personal information.

TRAIL SOFTWARE MAY CHANGE THIS PRIVACY POLICY FROM TIME TO TIME. THE REVISED POLICY WILL BE POSTED ON THIS SITE. Your continued use of this Site after Kindful posts a revised Privacy Policy signifies your acceptance of the revised Privacy Policy and your consent to Kindful’s collection, use, and disclosure of your personal information according to the terms of the updated Privacy Policy. It is therefore important that you review this Privacy Policy regularly to ensure you are updated as to any changes. This Privacy Policy was last revised on July 1, 2019.

Information we collect and how we may use it

If you are a customer of Kindful, we collect certain information about you in order to provide you with our donor management system and/or online payment service (the “Service”). When you register for the Service we will request some personal information such as your name and email address, and information about your organization such as the name of your organization, Tax ID, mailing address, and tax designation. Furthermore, if you are opening a merchant account, Kindful may also obtain information about you from third party sources, including, without limitation, consumer reporting agencies. This information is used to contact you about the services on our Site for which you have expressed an interest. As part of the Service, we may also collect donor information on behalf of your organization. Except as may be expressly set forth herein, we will not use any donor information collected on your behalf for any purpose other than to provide the Service. Any tax or financial information we collect is used only to bill you for the Service. If you purchase the Service by credit card, this information will be transmitted to our credit card merchant account provider, and may be forwarded to your credit card provider. We do not store credit card information.

If you are a donor for a Kindful customer, we collect certain information from you in order to process your donation (“Donor Information”). Kindful will use Donor Information during the course of providing the Service to such Kindful customer. Kindful may also use Donor Information at an aggregate level for internal business analyses and fraud prevention. During the course of providing the Service to Kindful customers, Kindful may disclose Donor Information to banks, processors, card associations, and other financial institutions that are involved in the course of processing or screening the transaction applicable to the Donor Information.

We may use personal information for internal purposes to provide you with other products and services, or to contact you regarding administrative notices or communications relevant to you on this Site. In addition, we may use personal information to provide or improve products or services that you have requested.

Please note that personal information does not include “aggregate” information, which is data we collect about a group or category of users, from which individual identities or other personal information has been removed. This Privacy Policy in no way restricts or limits our collection, use, or our ability to sell such aggregate information.

Additional Limits on Use of Google User Data: Notwithstanding anything else in this Privacy Policy, the following types of your Google data will be subject to these additional restrictions:

  • We will only use access to read Gmail message bodies (including attachments), metadata, headers, and settings to display emails to authorized users of Kindful and will not transfer this Gmail data to others unless doing so is necessary to provide and improve these features, comply with applicable law, or as part of a merger, acquisition, or sale of assets.

  • We will not use this Gmail data for serving advertisements.

  • We will not allow humans to read this data unless we have your affirmative agreement for specific messages, doing so is necessary for security purposes such as investigating abuse, to comply with applicable law, or for our internal operations and even then only when the data have been aggregated and anonymized.

When we disclose your information

Kindful takes your privacy very seriously. The information we collect is used to provide the Service, and, in general, is not shared with or sold to other organizations for commercial purposes. However, there are times when it may be advantageous for Kindful to make certain personal information about you available to companies that Kindful has a strategic relationship with or that perform work for Kindful to provide products and services to you on our behalf. These companies may help us process information, deliver products or services to you, provide customer service, manage and enhance user data, assess your interest in our products and services, or conduct user research or satisfaction surveys. We may also disclose your personal information, if you have authorized us to act on your behalf to initiate the creation of a merchant account for the purpose of accepting donations by credit card.

At times we may be required by law or litigation to disclose your personal information. We may also disclose information about you if we determine that for national security, law enforcement, or other issues of public importance, disclosure is necessary.

In addition, Kindful may sell, transfer or otherwise share some or all of its assets in connection with a merger, acquisition, reorganization or sale of assets, or in the event of bankruptcy. In such an event, personal information may be one of the assets transferred.

How we protect your personal information

Kindful takes precautions to safeguard your personal information against loss, theft, and misuse, as well as unauthorized access, disclosure, alteration, and destruction. Please be aware, however, that despite our efforts, no security measures are perfect or impenetrable and no method of data transmission that can be guaranteed against any interception or other type of misuse.

You can help us by also taking precautions to protect your personal data when you are on the internet. Do not share your registration information with anyone, and make sure you use a secure web browser.

Accessing your information

This Site may contain web pages through which you can correct or update some of the personal information you have provided to us. Kindful will make a good faith effort to make requested changes and correct your data if it is inaccurate or delete the data if we are not required to retain it by law or for legitimate purposes.

Cookies and other technologies

To make this Site more useful to you, we automatically gather general statistical information about this Site and its visitors, such as IP addresses (and information tied to IP addresses, such as screen size, color depth, language, java enabling, flash version, page title, host name, referring source, and page path), browsers, pages viewed, number of visitors, services purchased, etc. In doing so, we do not reference you by name, email, mailing address, or any similar personal information. We use this data in the aggregate to learn about our visitors and to improve our ability to cater to their needs. We may use third party vendors to gather general statistical information about this Site and its visitors as well as to perform certain services on behalf of this Site, such as hosting this Site, designing or operating this Site’s features, or performing other administrative services. We may provide these companies with access to your personal information to carry out the services they are performing for you or for Kindful.

As part of our service, we also use cookies to store and sometimes track information about you. A “cookie” is a small amount of data that is sent to your browser from a web server and stored on your computer’s hard drive. Generally, we use cookies to remind us who you are, to give you easier access to repeatedly used account information, to gather statistical information about usage, to research visiting patterns, and to help target advertisements based on user interests. In some instances, our partners and advertisers appearing at this Site may use their own cookies. Your web browser settings, which you may change at any time, determine if and how a cookie will be accepted. By changing those settings, you can accept all cookies, be notified when a cookie is set, or simply reject all cookies. If you decide to reject all cookies, please be aware that you may be required to re-enter your information more often and certain features of this Site may be unavailable to you.

Your California Privacy Rights

Residents of the State of California, under a provision of the California Civil Code, have the right to request from companies conducting business in California a list of all third parties to which the company has disclosed personal information during the preceding year for direct marketing purposes. Alternatively, the law provides that if the company has a privacy policy that gives either an Opt-out or Opt-in choice for use of your personal information by third parties (such as advertisers) for marketing purposes, the company may instead provide you with information on how to exercise your disclosure choice options.

Kindful qualifies for the alternative option; it has a comprehensive privacy policy and provides you with details on how you may either Opt-out or Opt-in to the use of your personal information by third parties for direct marketing purposes. Therefore, we are not required to maintain or disclose a list of the third parties that received your personal information for marketing purposes during the preceding year.

If you are a California resident and request information about how to exercise your third party disclosure choices you must send a request to support@kindful.com.