Terms of Use and Privacy Policy

Last Revised: September 8, 2023

This Privacy Policy and Terms of Use (the “Policy”) explains how we collect, use, and maintain the personal information of our users and website visitors (“you”). It also sets forth your obligations with respect to your use of this website (the “Site”).

By accessing or using the Site, you agree to abide by the terms of this Policy, and to our collection, use, and maintenance of your personal information in accordance with this Policy. If you do not agree to this Policy, you should not use this Site or otherwise provide us with your personal information.

Information We Collect

We may collect information from you (i) on this Site; (ii) from other websites and (iii) in email, text, and other electronic messages between you and us. In doing so, we collect personal information that you voluntarily provide when interacting on the Site, or voluntarily at certain other points (such as via forms or emails), for example if you sign up for email lists, register for an event, or respond to a survey. Such information may include your name, job roles, affiliations, postal and email addresses, or other elements of personal information required to process your request. If you contact us, we may keep a record of your correspondence, including any information contained therein.

You may update or correct any of the personal information that you have provided to us by sending an email to info@brightwayfoundation.org.

How We Use Your Information

We use the information we collect from you, including any personal information, for our organizational purposes, to improve our Site and other services offered to you, and for any other purposes for which you may have provided your information, including, for example, to provide you with information, products, or services, to process your requests, or in any other way we may describe when you provide the information.

Disclosure of Your Information

We will not disclose any of your personal information to third parties, except (i) to certain established third party vendors that perform services for us in connection with the operation of our Site (for example, vendors who assist us in operating any community network service associated with the Site, sending postal mail and e-mail, and analyzing data or other administrative tasks) or provide other services to our Organization; (iii) when we believe that such disclosure is required by law; (iv) to enforce or apply this Policy; (v) when we believe such disclosure is necessary or appropriate to protect our rights, property, security or safety, or that of the public; (vi) as otherwise stated in this Policy; or (viii) otherwise at your request or with your express permission. When we share information with these third parties, we seek to limit such sharing to the extent possible, and to ensure that such third parties will use the information solely for the purpose of providing services to us and in accordance with this Policy.

Transfer of Information to Third Parties Upon a Sale or Change of Control

We retain the right to transfer or assign all Information pursuant to a merger, consolidation or other transaction relating to the Organization or our assets if the assignee or acquiror agrees to abide by the terms of this Policy.

How Your Information Is Protected

We protect all information we collect, use, and maintain from loss, misuse or alteration. We maintain reasonable physical, electronic and procedural safeguards designed to secure your information.

You should recognize, however, that there is no such thing as “perfect security” on the internet, and we cannot guarantee the security of your personal information. In addition, because internet communication is unsecure, it is possible that the information you supply to us via this Site will be intercepted during transmission. While we strive to protect your information to the best of our ability, we cannot be liable for any breach of our systems or interception of our transmission and hereby disclaim, to the fullest extent provided under law, any liability associated with any claim relating to a breach of security, data, or information.

Other Communications

From time to time, we may e-mail you with information regarding important developments affecting the Organization. We may also e-mail you on occasion regarding the Site. Such e-mails may be sent to you even if you have not requested to receive any communication from us. You may opt-out of such email communications by contacting us at the email address below, or by clicking the “unsubscribe” link in the email.

Links to Third-Party Sites and Sources

The Site may contain links to websites owned and operated by third parties, as well as citations to information published elsewhere. The availability of such links or services and our citation to sources on the Site does not signify that we have any association with such third parties and does not constitute our endorsement of any information, content, products, or services available through such sites or services. Inquiries about such third- party sites or services should be directed to the applicable third parties, and we would refer you to the sources cited for additional information about those materials. We are not responsible for and have no control over the privacy policies of those sites, nor have we necessarily confirmed the accuracy of the information in cited sources. We encourage you to review the privacy policies of those sites prior to providing them with any of your information.

Ownership of Content

All text, images, graphics, sounds software code (“Content”) on the Site are copyrighted property of the Organization, its affiliates or others. No part of the Content shall be made subject to any open source, copyleft, or similar license. You may not reproduce, redistribute, publish or otherwise use by electronic or any other means any of the Content without our prior written consent.

Limitation of Liability

The Organization and its affiliates, officers, agents, partners and employees shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use the Site and services or resulting from any information or services obtained or messages received or transactions entered into through the Site or resulting from unauthorized access to or alteration of your transmissions of data, including but not limited to, damages for loss of profits, use, data or other intangibles, even if we have been advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law. If you are dissatisfied with any portion of the Site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using this Site.

Applicable Law

This Policy will be governed by and construed in accordance with the laws of the State of New York, without regard to any principles of conflicts of law that would result in the application of the laws of another jurisdiction. You agree that any action at law or in equity that arises out of or relates to any use of the Site will be filed only in the state or federal courts located in New York County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

How You Can Update or Correct Your Information and Contact the Site

You can call or email the Organization at the numbers provided on our Site or send a message to info@brightwayfoundation.org to update or correct your information.

We may change this Policy from time to time to reflect changed on the Site or in the law. We encourage you to review this Policy periodically to assure familiarity with the most current version. We will post all changes to the Policy here so that you will always know what information we gather, how we might use that information, and when we will disclose that information to third parties. You can tell that the Policy has been updated by checking the last revised date posted on the top of this page.

If any part of this Policy is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Policy shall continue in full force and effect.

You agree to accept that any notices we are required to send you will be effective upon the Organization sending an e-mail message to the email address you have on file with the Organization, or publishing such notices on the Site. You are responsible for providing us with accurate contact information and we are not responsible for any failure to notify you due to your provision of inaccurate contact information.

Our failure to exercise or enforce any right or provision of this Policy shall not constitute a waiver of such right or provision.

If you have any comments or questions about this Policy or how we deal with your personal information, please contact us by email at: info@brightwayfoundation.org.