Last modified: June 11, 2018

Overview

Welcome to the Kalliopeia Foundation Website (the “Site”), owned and operated by Kalliopeia Foundation (“we,” “us,” or “our”). The following privacy policy (this “Privacy Policy”) informs you of our policies regarding the collection, use, and disclosure of all personally identifiable information (“Personal Information”), and any other data that is provided to us through use of the Site. By submitting Personal Information to us, you agree that we may use the Personal Information in accordance with this Privacy Policy.

We reserve the right to update or modify this Privacy Policy at any time without prior notice, so please be sure to review this Privacy Policy from time to time. This Privacy Policy was last updated on the date indicated at the top of this page. Please review this Privacy Policy periodically for such changes, and especially before you provide any Personal Information.

Please note that this Privacy Policy governs only information provided to the Site and communications with us through the Site. It does not govern any other information or communications that may reference Kalliopeia Foundation.

Personal Information We Collect and How We Collect It

We do not collect Personal Information about you unless you choose to provide us with such information. Personal Information is information that identifies you as a particular individual, such as your name, mailing address, phone number, or e-mail address. When you contact us through the Site, we may collect Personal Information about you such as your name, e-mail address, and zip code.

If you would prefer that we not collect any Personal Information from you, please do not provide us with such information. When you submit your Personal Information on the Site, you are giving your consent to the collection, use, and disclosure of your Personal Information as set forth in this Privacy Policy.

How We Use the Personal Information We Collect

The information you provide us may be used to create and deliver to you emails such as our newsletters or other email messages containing news, information, or other announcements (“Emails”). If you prefer not to receive such Emails, please do not register to receive these Emails. If you do register and later decide that you would no longer like to receive these Emails, you may unsubscribe from our emails or communications at any time (see the “How You can Access and Control Your Information” Section below).

Our Emails are administered through MailChimp. As a result, your Personal Information, including your name and email address, may be disclosed to MailChimp and may be used by MailChimp pursuant to its privacy policy available at https://mailchimp.com/legal/privacy/ (the “MailChimp Privacy Policy”). For questions, corrections, updates, deletions, or changes to any Personal Information held by MailChimp, please refer to the MailChimp Privacy Policy.

Legal Bases Under GDPR

If you are in the European Economic Area (“EEA”), we will collect and use your Personal Information only if we have one or more legal bases for doing so under the General Data Protection Regulation (“GDPR”). For the purposes of the remainder of this section, references to “you” refer to users of the Site located within the EEA or other non-U.S. territories.

Our legal bases for the collection and use of your Personal Information depend on your interaction with us and our Site. This means we collect and use your Personal Information only where: you have given your consent for one or more specific purposes; it is necessary to perform a contract we are about to enter into or have entered into with you; it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests; it is necessary to protect the vital interests of you or another natural person; or it is necessary to comply with a legal obligation. We have indicated in italics the legal basis or bases on which we are relying following each purpose (see below). Where we are relying on consent as the legal basis, we will notify you and seek additional consent before using your Personal Information for a new purpose that is inconsistent with the original purpose for which we collected it.

We may use your Personal Information to: send you Emails you have expressly chosen to receive (with your consent); review and respond to your questions (with your consent); administer, safeguard, and improve the Site (for our legitimate interests); and/or comply with applicable law, court order, subpoena, or legal process served on us (to comply with legal obligations).

When We Share Your Personal Information:

We do not rent or sell your Personal Information to anyone. We may share and disclose information (including Personal Information) that we collect or you provide us in the following limited circumstances:

Agents and Service Providers

We may share your information with third party agents and service providers who we employ to perform tasks on our behalf and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them. These companies include, for example, our website analytics provider (e.g., Google Analytics) and our email service provider (e.g., MailChimp). We do not share your personal data with any third party agent or service provider for marketing purposes.

Affiliates

We may also share your information with our subsidiaries for purposes consistent with this Privacy Policy.

Protection of Kalliopeia Foundation and Others

We reserve the right to access, read, preserve, and disclose any information as necessary to enforce or apply our agreements, including for billing and collection purposes, or protect our rights or property, or if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of our employees, grantees, donors, or others.

Disclosures for Security or Law Enforcement

Under certain circumstances, we may be required to disclose your Personal Information in response to valid requests by public authorities, including to meet national security or law enforcement requirements, or to comply with any court order, law, or legal process.

Collection and Use of Non-Personal Information

We may collect non-personal information, or data in a form that does not, on its own, permit direct association with any individual. For example, we may use automatic data collection technologies to collect and store details of how you use our Site. This “usage data” is limited to information related to your interactions with our Site. The technologies we use for usage data collection include:

Third-Party Analytics Services

We use Google Analytics to collect information about your use of the Site and enable us to improve the Site. You can learn about Google’s practices by going to www.google.com/policies/privacy/partners/. Google Analytics uses cookies and similar technologies to collect information about use of the Site and to report trends to us.

You can accept or reject the cookies Google Analytics sets on your browser by clicking the “cookie settings” button in our Cookie Notice. You can also do so by adjusting your web browser controls. For more information about cookies and instructions on how to adjust your browser settings to accept, delete or reject cookies, see the www.allaboutcookies.org website.

Please be aware that we do not currently honor “do not track” requests.

Links to Other Websites

The Site may contain links to or from other websites. Please be aware that we are not responsible for the privacy practices of other websites. This Privacy Policy applies only to the information we collect on the Site. We assume no responsibility or liability for the actions of third parties with respect to their use of your information. Accordingly, we encourage you to read the privacy policies of other websites you link to from the Site or otherwise visit.

No Warranties or Guarantees

Although we will use reasonable efforts to safeguard the privacy of your information, transmissions on the Internet cannot be made absolutely secure. Accordingly, we assume no responsibility or liability for disclosure of your information (Personal Information or otherwise) due to errors in transmission, unauthorized third-party access or other causes beyond our reasonable control.

Notification of Changes

We reserve the right to revise this Privacy Policy from time to time. Our rights to use your Personal Information will be based on the privacy policy in effect at the time the information is used. Your continued use of the Site following any changes to this Privacy Policy will constitute your acceptance of such changes.

Storage and Transfer of Your Information

The information you provide us may be transferred to—and maintained on—computers located outside of your state, province, country, or other governmental jurisdiction where data protection laws may be different from those of your jurisdiction. By providing information on the Site, you hereby expressly consent to such a transfer for the purposes described herein.

For the purposes of the remainder of this section, references to “you” refer to users of the Site located within the EEA or other non-U.S. territories.

For users of the Site located within the EEA or other non-U.S. territories, please note that any information you provide on the Site will be transferred outside the EEA or such other non-U.S. territory for use by us as described herein.

How You can Access and Control Your Information:

When you provide your contact information to us on the Site, you may update your preferences on the Site to unsubscribe from receiving future Emails from us. Further, you may unsubscribe by clicking on the “Unsubscribe” link found at the bottom of each of our Emails or by contacting us at: INFO@KALLIOPEIA.ORG.

To the extent provided by applicable laws (including the GDPR), you may have the right to review the Personal Information we hold about you as well as details on how we process such Personal Information. You may also have a right in accordance with the GDPR to have your Personal Information corrected or erased, to restrict our processing of that Personal Information, to stop unauthorized transfers of your Personal Information and, in some circumstances, to have your Personal Information transferred to another organization designated by you. You also have the right to lodge a complaint in relation to our processing of your Personal Information with your local supervisory authority. If you do not request to have your Personal Information erased, it may be maintained by us indefinitely.

If you object to the processing of your Personal Information, or if you have provided your consent to processing and you later choose to withdraw it, we will respect that choice in accordance with our legal obligations.

Your objection (or withdrawal of any previously given consent) could mean that we are unable to perform the actions necessary to achieve the purposes set out above. Please note that even after you have chosen to withdraw your consent, we may continue to process your Personal Information to the extent required or otherwise permitted by law, in particular in connection with exercising and defending our legal rights or meeting our legal and regulatory obligations.

To exercise any of these rights, please contact us at: INFO@KALLIOPEIA.ORG.

Your California Privacy Rights

Under California Civil Code sections 1798.83-1798.84, California residents may request from us certain information with respect to the types of information we share with third parties for direct marketing purposes by such third parties, and the identities of the third parties with whom we have shared such information during the immediately preceding calendar year. To request a copy of this information, please contact us at: INFO@KALLIOPEIA.ORG.

Children

We will not knowingly collect Personal Information from children under age 13.

Contact Information

Should you have any questions relating to this Privacy Policy, any of your Personal Information that we have collected from you, your rights to have your Personal Information updated, returned, or erased, our third-party disclosure practices, or if you would like lodge a complaint with the applicable data protection authority or review, update, restrict, change, or delete Personal Information that we have collected from you, please send an e-mail to: INFO@KALLIOPEIA.ORG.

 

TERMS OF USE

Last modified: June 11, 2018

Welcome to the Kalliopeia Foundation Website (the “Site”), owned and operated by Kalliopeia Foundation (the “Foundation,” “we,” “us,” or “our”). We provide the content and services available on the Site to you subject to the following Terms and Conditions (the “Terms”).

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE SITE YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MAY NOT USE ANY PART OF THE SITE.

Note that the “Governing Law, Venue and Arbitration” Section of these Terms contains a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes.

We reserve the right to change or modify these Terms at any time and in our sole discretion. We will provide notice of such changes, such as by posting a notice on the Site or updating the “Last Updated” date at the beginning of these Terms. If at any time you find these Terms unacceptable, you must immediately leave the Site and cease all use of the Site. By continuing to access or use the Site, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference.

Changes to the Site

We may update the content on the Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

Privacy Policy

Your use of the Site is subject to our Privacy Policy, which is incorporated herein by reference and applies to our collection, use, disclosure and other processing of your personal information.

Children

We understand that children need special safeguards and privacy protection. We realize that children may not understand all the provisions of these Terms or our Privacy Policy or be able to make thoughtful decisions about the choices that are made available to the adult users. Therefore, we strongly urge all parents to participate in their children’s exploration of this Site.

Furthermore, we will not knowingly collect personally identifiable information from children under 13. In the event a parent or guardian believes that their child (under 13) has submitted personally identifiable information and the parent or guardian wishes to have it deleted, please contact us.

Intellectual Property Rights

The Site and its contents, features and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection and arrangement thereof), are owned by us, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Any unauthorized use of the materials appearing on the Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

License to Access and Use Our Site and Content

Unless otherwise indicated in writing by us, the Site and all content and other materials contained therein, including, without limitation, our logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Content”) are our proprietary property or the proprietary property of our licensors, as applicable, and are protected by U.S. and international copyright laws.

You are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Site and Content. However, such license is subject to these Terms and does not include any right to (a) sell, resell or use commercially the Site or Content, (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of the Site or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than the page caching) any portion of the Site or Content, except as expressly permitted by us, or (f) use the Site or Content other than for their intended purposes. Any use of the Site or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary right, whether by estoppel, implication or otherwise. This license is revocable at any time.

Notwithstanding anything to the contrary in these Terms, the Site and Content may include software components provided by us or a third party that are subject to separate license terms, in which case those license terms will govern such software components.

Repeat Infringer Policy; Copyright Complaints

We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) by submitting written notification to our designated agent at: INFO@KALLIOPEIA.ORG.

Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Please note that if you knowingly materially misrepresent that material or activity within the Site is infringing your copyright, you may be held liable for damages (including costs and attorney’s fees) under Section 512(f) of the Digital Millennium Copyright Act.

Trademarks

“Kalliopeia Foundation,” and any other Kalliopeia Foundation service names, logos or slogans that may appear on the Site are our trademarks and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing “Kalliopeia Foundation” or any other name, trademark or service name of Kalliopeia Foundation without our prior written permission. The use or misuse of these trademarks or any content on the Site except as provided in these Terms is strictly prohibited. The use of any trademark, service mark, trade name or logo design is prohibited without specific written prior permission from us. All other trademarks not owned by us that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by us.

Third Party Content

We may display content, advertisements and promotions from third parties through the Site (collectively, “Third Party Content”). We do not control, endorse or adopt any Third Party Content, and we make no representations or warranties of any kind regarding such Third Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties, and that we are not responsible or liable in any manner for such interactions or Third Party Content.

User Conduct

You are prohibited from doing any act that has the effect of undermining the integrity of our reputation or our users’ reputations, our computer systems and network infrastructure, the Site or the method by which we provide our services to our users, including:

  • Posting or transmitting through the Site any material which: (i) violates or infringes upon the rights of others; (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; (iv) creates or attempts to create any liability;
  • Using the Site in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Site or that could damage, disable, overburden or impair the functioning of the Site in any manner;
  • Reverse engineering any aspect of the Site or doing anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, area or code of the Site;
  • Attempting to circumvent any content-filtering techniques we employ or attempting to access any feature or area of the Site that you are not authorized to access;
  • Developing any third party applications that interact with user content or the Site without our prior written consent;
  • Using any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Site, extracting data or otherwise interfering with or modifying the rendering of Site pages or functionality; or
  • Using the Site for any illegal or unauthorized purpose, or engaging in, encouraging or promoting any activity that violates these Terms.

 

Indemnification

By using the Site, you agree to defend, indemnify and hold harmless the Foundation, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns (collectively the “Foundation Parties”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorney’s fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, any use of our Content, information and services other than as expressly authorized in these Terms.

Limitation of Liability; Release

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE FOUNDATION OR ANY OF THE OTHER FOUDNATION PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THE SITE OR CONTENT OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM THE FOUNDATION, OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE FOUNDATION’S RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).

Governing Law, Venue and Arbitration

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH THE FOUNDATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

All matters relating to the Site and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California in the United States without giving effect to any choice or conflict of law provision or rule. To the extent that any lawsuit or court proceeding is permitted hereunder, you and the Foundation agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Marin County, California for the purpose of litigating all such disputes.

ANY DISPUTE, CLAIM OR CONTROVERSY RELATING IN ANY WAY TO YOUR USE OF THE SITE OR THESE TERMS WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT. YOU AGREE THAT, BY AGREEING TO THESE TERMS, THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO ANY DISPUTE BETWEEN YOU AND THE FOUNDATION AND THAT, TO THE EXTENT PERMITTED BY LAW, YOU AND THE FOUNDATION ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THESE TERMS.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages).

If you elect to seek arbitration or file a small claims court action, you must first send to the Foundation, by certified mail, a written notice of your claim (a “Notice”). The Notice must be addressed to: Kalliopeia Foundation, P.O. Box 151020, San Rafael, California 94915 (the “Notice Address”). A Notice, whether sent by you or the Foundation, must (a) describe the nature and basis of the dispute, claim or controversy; and (b) set forth the specific relief sought including a detailed explanation of how the amount of any monetary relief was calculated (the “Demand”). If the Foundation and you do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or the Foundation may commence an arbitration proceeding or, if applicable, file a claim in small claims court.

The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) of the American Arbitration Association (the “AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. In the event of a conflict or inconsistency between the AAA Rules and this arbitration provision, this arbitration provision shall govern. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. The arbitrator must strictly construe and apply these Terms as written and must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

YOU AND THE FOUNDATION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and the Foundation agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void (for removal of doubt, the entirety of this arbitration provision shall be null and void only if this specific provision regarding the requirement that claims be brought only in your or the Foundation’s individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, is deemed unenforceable. If any other clause or provision of this arbitration provision is found to be unenforceable, then pursuant to the “Termination” Section below, that specific clause or provision shall be struck, and the remainder of this arbitration provision shall be enforced). The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

Termination

Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Site, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event, to the fullest extent permitted by applicable law.

Severability

If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.

Survival

The following sections will survive the expiration or termination of these Terms: all defined terms and the “Repeat Infringer Policy; Copyright Complaints” Section, Trademarks” Section, “Third Party Content” Section “User Conduct” Section, “Indemnification” Section, “Limitation of Liability; Release” Section, “Governing Law, Venue and Arbitration” Section, “Termination” Section, “Severability” Section and “Survival” Section.

Miscellaneous

These Terms constitute the entire agreement relating to your access to and use of the Site. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent. We may assign our rights and privileges under these Terms (including any information provided by you to us), without your consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets, or to an affiliate, or in connection with a change in control. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties, their respective successors and permitted assigns. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.

Your Comments and Concerns

All other feedback, comments, and other communications relating to our Website should be directed to: INFO@KALLIOPEIA.ORG.