We gather various types of Personal Information from our users, as explained in more detail below, and we use this Personal Information internally in connection with our Services, including to personalize and improve our services, to contact you, to fulfill your requests for certain services, to provide and improve the Services, and to analyze how you use the Services.
Information We Collect About You and How We Collect It
We collect several types of information from and about users, including Personal Information that is about you but individually does not identify you, such as, time and date of visits to our Website, etc.; and/or, about your internet connection, the equipment you use to access our Website and usage details.
We collect this information:
- Directly from you when you provide it to us. When you sign up for the Services, you provide us with information such as your name and email address. We may also collect information from your public social media accounts.
- Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses and information collected through cookies, web beacons and other tracking technologies.
Information You Provide to Us. The information we collect on or through our Website may include:
- Information that you provide by filling in forms on our Website. This includes information provided at the time of signing up for updates and/or making a donation, posting material or requesting further services. We may also ask you for information when you report a problem with our Website.
- Records and copies of your correspondence (including email addresses), if you contact us.
- Your responses to surveys that we might ask you to complete for research purposes.
- Details of transactions you carry out through our Website. You will be required to provide financial information before making a donation through our Website.
- Your search queries on the Website.
You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, “User Content”). Your User Content is posted on and transmitted to others at your own risk. We cannot control the actions of other users of the Website with whom you may choose to share your User Content. Therefore, we cannot and do not guarantee that your User Content will not be viewed by unauthorized persons.
Information We Collect Through Automatic Data Collection Technologies: As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including:
- Details of your visits to our Website, including, but not limited to, traffic data, geolocation data, logs and other communication data and the resources that you access and use on the Website.
- Information about your computer and internet connection, including your IP address, operating system and browser type.
The information we collect automatically is statistical data and may include Personal Information, but we do not associate it with Personal Information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including, but not limited to, by enabling us to:
- Estimate our audience size and usage patterns.
- Store information about your preferences, allowing us to customize and improve our Website.
- Speed up your searches.
- Recognize you when you return to our Website.
We use the NationBuilder™ platform to organize our community of members, supporters and prospects. You can read more about that company and its features and polices at NationBuilder.com. When you visit our Website, NationBuilder may send one or more cookies – a small text file containing a string of alphanumeric characters – to your computer that uniquely identifies your browser and lets NationBuilder help you log in faster and enhance your navigation through our Website. A cookie does not collect personal information about you. A persistent cookie remains on your hard drive after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser’s directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of our Website may not function properly if the ability to accept cookies is disabled.
How We Use Your Information
By providing us your email address (including by “following,” “liking,” linking your account to our Website, etc., on a third party website or network), you consent to our using the email address to send you Website-related notices, including any notices required by law, in lieu of communication by postal mail. You also agree that we may send you notifications of activity on our Website to the email address you give us, in accordance with any applicable privacy settings. We may use your email address to send you other messages, such as newsletters, changes to features of our Website, or other information. If you do not want to receive such email messages, you may opt out at our “unsubscribe page” at www.350bayarea.org/unsubscribe
Following termination or deactivation of your account with us, we may retain your profile information and user content for a reasonable time for archival purposes. Furthermore, we may retain and continue to use indefinitely all information (including user content) contained in your communications to other users or posted to public or semi-public areas of our Website after termination or deactivation of your account.
We reserve the right, but has no obligation, to monitor the user content you post on our Website. We reserve the right to remove any such information or material for any reason or no reason, including without limitation if in our sole opinion such information or material violates, or may violate, any applicable law or to protect or defend our rights or property or those of any third party. We also reserve the right to remove information upon the request of any third party.
We use information that we collect about you or that you provide to us, including any Personal Information:
- To present our Website and its contents to you.
- To provide you with information, products or services that you request from us.
- For analyzing how the Service is used, diagnosing service or technical problems, maintaining security, and personalizing content.
- To fulfill any other purpose for which you provide it.
- To provide you with notices about your account, including expiration and renewal notices.
- To operate, maintain, and provide to you the features and functionality of the Service.
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
- To notify you about changes to our Website, our policies, terms or any products or services we offer or provide though it.
- To allow you to participate in interactive features on our Website.
- In any other way we may describe when you provide the information.
Social Media Plugins
We integrate social media application program interfaces or plug-ins (“Plug-ins”) from social networks, including Facebook, Google+, LinkedIn, Xing, Twitter, Instagram, Tumblr, Pinterest and/or possibly other companies, into the Website. In order to register as a user with us, you may have the option to sign in using your Facebook or other social media site (“SMS”) login.
For example, when you visit our Website or platform, the plugin creates a direct connection between your browser and the Facebook server. This allows Facebook to receive information about your visit to our Website or platform with your IP address. If you click the Facebook “Like” button while you are logged on to your Facebook account, you can link the contents of our Website or platform to your Facebook profile. This allows Facebook to assign your visit to our Website or platform to your user account. Please note that as provider of the Website or platform, we receive no notification about the contents of the transmitted data or their use by Facebook. If you do not want Facebook to assign your visit to our Website or platform to your Facebook user account, please log out of your Facebook user account.
Retention of Your Information
How We Share Your Information
Personal Information: We will never rent or sell your Personal Information to outside organizations, other than as noted below under “Disclosure/Assignment of Your Personal Information”. We may share your Personal Information with third parties for the purpose of providing or improving the Service to you. If we do this, such third parties’ use of your Personal Information will be bound by obligations of confidentiality. We may store Personal Information in locations outside our direct control (for instance, on servers or databases located or co-located with hosting providers). Any Personal Information or content that you voluntarily disclose for posting to the Service becomes available to the public, as controlled by any applicable privacy or website customization settings. To change your privacy settings on the Service, you may visit your NationBuilder account settings page. If you remove information that you posted to the Service, copies may remain viewable in cached and archived pages of the Service, or if other users have copied or saved that information.
Public Information: Any personal information or content that you voluntarily disclose for posting to 350BayArea.org, such as user content, becomes available to the public, as controlled by any applicable privacy or website customization settings. If you remove information that you posted to 350BayArea.org, copies may remain viewable in cached and archived pages, or if other users have copied or saved that information.
From time to time, we may run special offers, or other events or activities (“Events”) on the Service together with a third party partner. If you provide information to such third parties, you give them permission to use it for the purpose of that Event and any other use to which you consent. We cannot control third parties’ use of your information. If you do not want your information to be collected by or shared with a third party, you can choose not to participate in these Events.
Your Consent to Our Disclosure/Assignment of Your Personal Information
You consent to our disclosure of your Personal Information and other information to a potential buyer or other successor for the purpose of considering a merger, divestiture, restructuring, reorganization, dissolution, or sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Information held by us about our Website users is among the assets transferred. You agree to and do hereby consent to our assignment, conveyance, or transfer (whether by contract, merger or operation of law) of rights to your Personal Information and other information, with or without notice to you and without your further consent.
We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration and disclosure. All personal information you provide to us is stored on our secure servers (or those of our service providers) behind firewalls. We may store, retrieve, access, and transmit your personal information in the US or in other countries. Any payment transactions will be performed using our third party payment processors, who will use appropriate security procedures.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Website or Services, you are responsible for keeping this password confidential. You should not share your password with anyone. You must prevent unauthorized access to your account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account. The information you share in public areas may be viewed by other users.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do try to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to us or which we obtain. Any transmission of Personal Information is at your own risk. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time. We are not responsible for circumvention of any privacy settings or security measures contained on the Website or used with our Services.
Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to ask us annually for a notice identifying the categories of Personal Information which we share with our affiliates and/or third parties for marketing purposes, and to being provided contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to: info@350BayArea.org.
Notices: Opting Out
By providing us with your email address (including by “following,” “liking,” linking your account to the Services, etc., on a third party website or network), you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. You also agree that we may send you notifications of activity on the Service to the email address you give us, in accordance with any applicable privacy settings. We may use your email address to send you other messages or content, such as, but not limited to, newsletters, additions or changes to features of the Service, or special offers. If you do not want to receive such email messages, you may opt out by emailing us your request at info@350BayArea.org Opting out may prevent you from receiving email messages regarding updates, improvements, special features, announcements, or offers. You may not opt out of Service-related emails.
You may be able to add, update, or delete information as explained above. When you update information, however, we may maintain a copy of the unrevised information in our records. You may request deletion of your account by emailing us at info@350BayArea.org.
Individuals under the Age of 
We do not knowingly collect, solicit or maintain Personal Information from anyone under the age of  or knowingly allow such persons to register for our Services, with the exception of children  or older who have permission from a parent or guardian who has agreed to the [Master Terms] on the child’s behalf. If you are under 18, please do not send any Personal Information about yourself (such as your name, address, telephone number, or email address) to us. No one under age 18 is allowed to provide any Personal Information to or on the Services. In the event that we learn that we have collected Personal Information from a child under age 18 without verification of parental consent, we will use commercially reasonable efforts to delete that information from our database. Please contact us at info@350BayArea.org if you have any concerns.
Additional Information for non-US Residents
If you are a resident of country other than the United States, you acknowledge and consent to our collecting, transmitting, and storing your Personal Information out of the country in which you reside.
- Acceptance of the Terms and Conditions.
1.1 By accessing or using the Web Site, you acknowledge that you have read, understood, and agree to this Agreement.
- Use of the Web Site
2.1In conveying our message and organizing our network, we include a wide variety of material on the Web Site (the “Content”). We may own the Content or portions of the Content may be made available to us through arrangements that we have with third-parties. Some of this Content includes text; however, in order to communicate with members of our movement in different parts of the globe, much of the Content includes graphics, images, software, and video. This Content is protected by United States and foreign intellectual property laws. As a visitor, you agree that you have no rights in or to the Content except as granted in this Agreement, and that you will not use, copy, make derivative works of, display, or distribute the Content except as permitted under Section 2.2 of this Agreement. If you violate any part of this Agreement, your right to access and/or use the Content and Web Site will automatically be revoked and you will destroy any copies you have made of the Content.
2.2 350bayarea.org grants you a non-exclusive license to use, copy, make derivative works of, display, and/or distribute the Content in ways that are in furtherance of the Mission, as determined in 350bayarea.org’s sole discretion, provided that the Content contains no credit or attribution to third-parties. If the content contains credit or attribution to a third-party Content creator, you are required to abide by all license agreements as set forth by the third-party Content creator.
2.3 To help create a globally recognized brand for our movement, the Web Site contains registered and unregistered trademarks, service marks, and logos belonging to 350bayarea.org and third-parties (the “Trademarks”). You agree not to display or use the Trademarks in any manner without our prior consent.
2.4 In order to ensure our ability to accomplish our Mission, it is essential that the Web Site function properly. Accordingly, you agree not to:
(a) take any action that imposes an unreasonable load on the Web Site’s infrastructure;
(b) use any device, software, or routine to interfere or attempt to interfere with the proper working of the Web Site;
(c) attempt to decipher or reverse engineer any of the software comprising or making up the Web Site;
(d) delete or alter any material posted on the Web Site by 350bayarea.org or any other person or entity; or
(e) modify, remove, or otherwise alter in any way any portion of 350bayarea.org’s video player.
2.5 To provide you with access to even more information you might find interesting, the Web Site contains links to third-party web sites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others, and we are not responsible for any such content. We suggest contacting those External Sites directly if you have any concerns regarding such links or any content located on such External Sites.
2.6 We are respectful of the intellectual property rights of others. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials on the Web Site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA (see http://www.loc.gov/copyright for details). Notices and counter notices with respect to the Web Site should be sent to 350bayarea.org at: Info@350bayarea.org.
- Limitation of Liability and Disclaimer of Warranties.
Although we make great efforts to ensure that the Web Site functions properly and serves as a powerful tool for organizing a global movement against the climate crisis, it is necessary for us to limit our legal liability in the event that something does go wrong. Accordingly, we need for you to agree to the following limitations of liability and disclaimers of warranties.
3.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) THE WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. 350BAYAREA.ORG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
(b) 350BAYAREA.ORG MAKES NO WARRANTY THAT (i) THE WEB SITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE WILL BE ACCURATE OR RELIABLE, AND (IV) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 350BAYAREA.ORG OR THROUGH OR FROM THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
3.2 350BAYAREA.ORG, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, OR EMPLOYEES (THE “PARTIES”) SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
3.3 Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, THE LIABILITY OF THE PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
In an unanticipated situation where your breach of this Agreement or misuse of the Web Site causes a problem for 350bayarea.org, we find it necessary to protect ourselves to prevent possible harm to our ability to accomplish our Mission. Accordingly, you agree to defend, indemnify, and hold harmless 350bayarea.org from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your access to, use or misuse of the Content or Web Site. We will provide you with notice of any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such cases, you agree to cooperate with any reasonable requests in assisting us.
- Termination of the Agreement.
5.1 In order to remain flexible in the ever-evolving fight against the climate crisis, we reserve the right to restrict, suspend, or terminate this Agreement and your access to all or any part of the Web Site or the Content at any time and for any reason without prior notice or liability. We also reserve the right to change, suspend, or discontinue all or any part of the Web Site or the Content at any time without prior notice or liability.
5.2 The provisions regarding “Use of the Web Site”, “Limitation of Liability and Warranty”, “Indemnification”, “Termination of the Agreement”, and “Miscellaneous” will survive the termination of this Agreement.
- User Must Comply with Applicable Laws.
Although the 350bayarea.org movement is statewide, this Web Site is based in Oakland, CA USA. We make no claims concerning whether the Content may be downloaded or viewed outside of the United States. Whether inside or outside of the United States, you agree to be solely responsible for ensuring compliance with the laws of your specific jurisdiction.
7.1 This Agreement is governed by the internal substantive laws of the State of California, without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the City of Oakland in the State of California.
7.2 If any provision of this Agreement is found to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions of this Agreement.
7.3 If 350bayarea.org fails to act on or enforce any provision of the Agreement, it shall not be construed as a waiver of that provision or any other provision in the Agreement. No waiver is effective against 350bayarea.org unless it is made in writing.
7.4 Except as expressly agreed by 350bayarea.org and you, this Agreement constitutes the entire Agreement between you and 350bayarea.org with respect to the subject matter, and supercedes all previous or contemporaneous agreements, whether written or oral, between you and 350bayarea.org with respect to the subject matter.
7.5 The section headings are provided merely for convenience and have no legal or contractual effect.
7.6 This Agreement will insure to the benefit of our successors, assigns, licensees, and sublicensees.