Terms of Use

Terms of Use

This document outlines terms and conditions for the services offered through this site as well as our policy vis-à-vis the collection of personal information. 

Agreement to Terms 

TechSoup Europe operated by Fundacja TechSoup (further FTS) provides access and use of this site ("Site") subject to your agreement to the following "Terms of Use" (the "Terms"). Please read these Terms carefully before accessing or using the Site. By accessing or using the Site, you agree to be bound by these Terms. The Terms, as well as the Site (and information contained within the Site) may be updated or revised from time to time without notice to you. You agree to periodically review these Terms, and your continued access to or use of the Site shall constitute your acceptance of the updated or revised Terms. 

1. General Terms and Conditions

1.1 Contact Information 

If asked to provide your email address during your use of the site, please provide an accurate and complete email address. 

1.2 Use of Information and Services 

Third parties may provide certain information displayed on the Site. Although FTS believes that such information comes from trustworthy sources, the third-party information is not necessarily sponsored, endorsed, recommended, or licensed by FTS. You should directly contact the third parties and/or their references for the most accurate information. When you register as an individual or as an organization, information transmitted to us will be governed by our privacy policy. 

1.3 Advice 

Neither FTS nor its information sources or users are engaged in giving legal, counseling, or other professional services or advice in this Site. 

1.4 No Liability 

Under no circumstances will FTS be liable for any consequence relating directly or indirectly to any action or inaction you take based on the information, services, or other material on the Site. While FTS will attempt to keep its Site current, accurate, and complete, FTS cannot guarantee, and will not be responsible for, any damage or loss related to, the timeliness, accuracy, or completeness of the information, services, or other material on the Site, regardless of its source including, but not limited to, material we write or produce, material we contract to be written or produced, material we link to, and comments written by users. 

1.5 Site Conduct 

When using the Site, you agree to abide by the following rules: (a) you may not post or transmit content (we define "Content" as: information, data, text, software, graphics, sound, photographs, video, messages, etc.) that is unlawful, harassing, libelous, defamatory, obscene, fraudulent, harmful, threatening, abusive, hateful, that violates the property rights of others (including without limitation infringing use of a copyright or trademark), that violates the privacy or publicity right of others, or are otherwise determined to be objectionable by us; (b) you may not interfere with other users' use of the Site; (c) you may not use the Site to conduct any activity that is illegal or that violates the rights of others; (d) you may not use the Site to advertise or sell products or services to others; (e) you may not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (f) you may not post or transmit Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, confidential information, etc.); (g) you may not post Content to the Site unless the Content is freely owned by you or used with the permission of all other persons with any rights in the Content; and (h) you may not use the Site to collect or store personal data about other users.

1.6 Removal of Content 

FTS does not do a prior review of Content posted by any party other than FTS and has no responsibility for Content posted by any party other than FTS to the Site. Message boards, and/or other information-sharing locations on the Site may contain the opinions and views of other users. FTS is not responsible for the accuracy of any messages or postings on the Site. If you believe that any Content posted on the Site is infringing or illegal, please contact FTS immediately. FTS reserves the right in its sole discretion to delete or leave unchanged any Content submitted to or appearing on the Site. 

1.7 Submission of Content 

If you submit Content to the Site, you grant to FTS, or warrant that the owner of such Content has expressly granted to FTS, a world-wide, royalty-free, perpetual, irrevocable, transferable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) and/or to incorporate such Content in other works in any form, media, or technology now known or later developed. FTS guarantees that received content will be published under one of the Creative Commons licenses, 

1.8 Internet Links 

The Site may provide, or third parties may provide, links to other Internet sites. FTS has no control over such sites; FTS does not endorse, and is not responsible for, any such sites or the information, material, products or services contained on or accessible through those sites. You acknowledge that FTS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance upon any such information, material, products, or services. 

1.9 Third Parties 

Your correspondence or business transactions with, or participation in promotions of, third parties found on, or e-commerce through, the Site and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that FTS shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such transactions or as the result of the presence of such third parties on the Site. 

1.10 Indemnification 

You agree to indemnify, defend and hold harmless FTS, its affiliates, management board, officers, agents, employees, partners, and suppliers from any liability, loss, claim, demand, and expense (including reasonable attorneys' fees) related to (a) your use of the Site; (b) your violation of these Terms; or (c) your posting of Content to the Site. 

1.11 Modifications to Site 

FTS reserves the right to, from time to time, discontinue, temporarily or permanently, the information, services, products, and/or other Content on the Site with or without notice. 

1.12 Use and Storage of Content on the Site 

FTS may establish general practices and limits concerning the use of the Site, including without limitation, the maximum number of days that Content will be available on, or retained by, the Site. FTS, in its sole discretion, reserves the right to change these general practices and limits at any time. 

1.13 Ownership of Content 

All information on the Site, as well as the organization and layout of the site, other than Content posted by you, is owned and copyrighted by FTS or its suppliers or other Site users. Except as expressly authorized by FTS, you may not copy, distribute, resell, display, sublicense or create derivative works based on any such information from the Site, in whole or in part. 

1.14 Disclaimer of Warranty 

You expressly understand and agree that this site, and all information and content on the site, is provided on an "as is" and "as available" basis. FTS and its information suppliers disclaim all express and implied warranties with regard to the site and all information, services, and materials contained on the site, including without limitation any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. FTS makes no warranty that: (a) the site will meet your requirements or that the results that may be obtained from the site will be satisfactory; (b) the site will be uninterrupted, timely, secure, or error-free; (c) the quality of any products, information, or other material obtained by you through the site will meet your expectations, and; (d) any errors in the site will be corrected. No advice or information, whether oral or written, obtained by you from FTS or through the site shall create any warranty not expressly stated in the terms. 

1.15 Limitation of Liability 

In no event shall FTS or its affiliates, management board, officers, agents, employees, partners or suppliers be liable for any special, indirect, punitive, incidental, exemplary or consequential damages, or any damages whatsoever resulting from loss of use, business, data or profits, litigation and the like, whether based on breach of contract, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. You acknowledge and agree that the limitations set forth above are fundamental elements of these terms of use and the site would not be provided to you absent such limitations. If any jurisdictions do not allow the foregoing limitations of liability, the foregoing limitations may not apply to you. 

1.16 Termination 

FTS may, in its sole discretion, with or without notice, suspend or terminate your use of this Site, and remove and discard any Content on the Site, for any reason, including, without limitation if you violate these Terms or the Community Standards. FTS may also bar you from any future access to the Site. FTS will not be liable to you for any such suspension, termination or prohibition on future access. Should you object to any subsequent modifications of the terms and conditions of these Terms, your sole recourse will be to immediately notify FTS of your termination of these Terms, which termination will be effective immediately. To the extent permitted by applicable law, the terms and conditions of these Terms will survive any termination of these Terms. 

1.17 Notices 

Any notices to you by FTS may be made by either email or regular mail. 

1.18 General Provisions 

These Terms constitute the entire agreement between you and FTS and govern your use of the Site, superseding any prior agreements between you and FTS regarding the Site (including, but not limited to, any prior versions of these Terms).These Terms and the resolution of any dispute related to these Terms or the Site shall be governed by and construed in accordance with the Polish laws, without giving effect to any principles of conflicts of law. FTS' failure to insist upon strict enforcement of any provision of these Terms shall not be construed as a waiver of any provision or right. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will be enforced in accordance with their terms. The section headings in these Terms are for convenience only and have no legal or contractual effect. Regardless of any statute or law to the contrary, you hereby waive your right to bring any claim against FTS more than 1 year after such claim first arose. 

1.19 Arbitration 

Any controversy or claim arising out of or relating to these terms and for which no agreement is reached between the parties will be settled in the District Court in Warsaw. 

2. Privacy Policy 

This privacy policy (the “Privacy Policy”) is intended to inform you of the policies and procedures of FTS ("FTS", “we” or “us”).  We take the privacy and protection of your Personal Information (as defined below) very seriously.  We may collect Personal Information from you in accordance with the terms of this Privacy Policy when you visit websites operated by TechSoup Global (the "Web Sites"). 

2.1. Definitions

“Account” means a Profile account.
“Anonymous Information” means information not associated with or linked to your Personal Information; Anonymous Information, by itself, does not permit the identification of individual persons.

"Personal Information" means your contact information, including -- but not limited to -- your name, mailing address, telephone number, and email address and any other non-public information that is associated with your contact information.

 2.2. Visitor Consent

By visiting our Web Sites and using any of the services available through the Web Sites (the “Services”), you expressly consent to the processing of your Personal Information according to this Privacy Policy.  Your Personal Information may be processed in the country where it was collected, as well as in countries where privacy laws may be less stringent, including the Republic of Poland and the United States.  By using the Services or submitting Personal Information through the Services, you are expressly consenting to such processes.  To the extent you provide Personal Information about a named person or entity that is not a current user of our Services, you represent that you have that person or entity’s consent to do so.

2.3. General Security

FTS takes commercially reasonable physical, electronic, and managerial precautions to prevent the loss and misuse of Personal Information under our control. However, no company or entity, including FTS, can fully eliminate security risks associated with gathering Personal Information on our Web Sites.  (Please see our General Terms and Conditions for more information.)

2.4. Personal Information We Collect

We collect Personal Information that you submit to us voluntarily:
Registration – when you sign up to use our site or services you may be required to provide information about yourself, such as your name, the username and password that you choose, the primary e-mail address you provide to us, and any other information you choose to affiliate with your Account.
Signing in – to access some services, you will need to sign in with an email address and password which we refer to as your account. . If you access our services via a mobile phone, you may also use your telephone number and a PIN as an alternative credential to your username and password. 
Using our site – we collect information that tells us how you interact with our services including the browser you are using, your IP address, location, cookies or other unique IDs.
Posting or comments – when you enter any information, including Personal Information, into any posting or comments within the Services, we will collect such information.
Surveys – when you respond to one of our surveys, we will collect any information contained in such survey responses.
Feedbacks and support requests – when you leave us feedback or request support, we will collect any information that is contained in your feedback or support request.
Contacting us – when you contact us by sending us an e-mail, we may collect your e-mail address and any information contained in the e-mail you send us.
Offline sources – from time to time, FTS receives Personal Information about you via offline sources like telephone or fax, we may use this in combination with information collected online in order to improve the services we provide. 

2.5. Information We Collect via Technology

When you access any part of our Web Sites, our Web server software automatically logs information provided by your network connection and Web browser software, including the Internet Protocol (IP) address of your network connection and the type of Web browser and operating system that you are using. Our Web server may also log the URL of the file that you are requesting, the current date and time, and the URL of the last Web page requested by your Web browser. 

We may utilize cookies on our Web Sites to store your login information (if any) and your personal preferences for the Services.  We may use both session cookies (which expire once you close your browser) and persistent cookies (which stay on your computer until you delete them).  
We may use cookies for: 
1. Storing your Preferences and Settings. 
2. Sign-in and Authentication. 
3. Targeted Advertising. 
4. Site Analytics. 

We may utilize Google Analytics, a web analytics service provided by Google, Inc. (“Google”).  Google Analytics uses cookies and page tags to gather information relating to the usage of our Web Sites.  The information generated by cookies (including IP addresses) and page tags is transmitted to and stored on Google servers.  This information may then be analyzed and compiled into reports on Web Site activity.  The use and disclosure of information stored on Google servers is governed by Google’s privacy policy, not ours.   
You have the option of disabling or not accepting cookies by changing the preferences in your Web browser. If you opt to disable cookies, you will still be able to access our Web Sites. However, you will not be able to use certain features of the Web Sites.

How to Control Cookies 
1. Browser Controls to Block Cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to block cookies. 
2. Browser Controls to Delete Cookies. If you accept cookies, you can delete them later. 
3. Browser Controls for “Do Not Track” and Tracking Protection. Some newer browsers have incorporated “Do Not Track” features. Most of these features, when turned on, send a signal or preference to the web sites you visit indicating that you do not wish to be tracked. Those sites may continue to engage in activities you might view as tracking even though you have expressed this preference, depending on the sites’ privacy practices. 

We collect this information in order to operate effectively and some of this information you provide directly to us and some of it is available from other sources like our business partners or affiliates that we may combine with the data we collect directly. Regardless of the source, we believe it is important to treat that information with care and to help you maintain your privacy.

2.6. Use of Information We Collect

In general, we use Personal Information you submit to us to provide the Services to you, respond to requests you make, improve the Services, and offer you additional information, opportunities, and functionality.  We may also use your Personal Information to provide you with updates about the Services.

If you provide feedback to us, we may use and disclose such feedback for any purpose, provided we will not associate such feedback with your Personal Information.  We will collect any information contained in such communication and will treat any Personal Information included in such communication in accordance with this Privacy Policy.

We may create Anonymous Information records from Personal Information by excluding information (such as your name) that makes the Personal Information personally identifiable to you.  We may use and disclose Anonymous Information in our discretion and without restriction.

2.7. Disclosing Information to Third Parties

We may share Anonymous Information with our partners, sponsors, and donors.  For example, we may share Anonymous Information about individual organizations where it is necessary to secure funding to ensure the continued availability of our services or to develop outreach programs with our partners.  Except as otherwise stated in this Privacy Policy, we do not disclose to or share your Personal Information with third parties, unless you ask or authorize us to do so.  

We may share some or all of your Personal Information with our partners, and will require our partners to honor this Privacy Policy when dealing with any Personal Information shared by FTS.  Your choices regarding such sharing of information are set forth in the section entitled “Your Choices Regarding Your Personal Information.”  If our organization or all or a portion of our assets are acquired by another company, your Personal Information will likely be among the assets transferred.  You acknowledge that such transfers may occur, and that any acquirer of FTS or its assets may continue to use your Personal Information as set forth in this Privacy Policy.  You hereby consent to FTS sharing your Personal Information under the above circumstances.
  
We may (and you authorize us to) disclose Personal Information we collect from you if we believe in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on us, (b) enforce any agreement we may have entered into with you and to enforce the Privacy Policy, or (c) protect and defend the rights or property of FTS, other users of the Web Sites, or third parties. 

2.8. Your Choices Regarding Your Personal Information

FTS regularly sends newsletters and promotional communications to (a) let you know about our activity, (b) offer you opportunities to participate in special promotions, events, and surveys, and (c) notify you about services offered by outside partner organizations. These e-mails will always originate from FTS and/or its partner organization in Turkey. You may choose to opt-out from receiving such communications by following the unsubscribe instructions provided in the communication.

You may also occasionally receive administrative site and service announcement updates via e-mail (such as, but not limited to, notice that we have changed the Services, Terms of Use, or the Privacy Policy) when we believe it necessary to do so.  You may not opt out from these announcements, which are not promotional in nature, as they contain important information about changes to our Services, Terms of Use, or the Privacy Policy.  However, if you do not wish to receive these announcements, you have the option to cancel your Account(s).  You understand that any such termination of your Account information may involve deletion of your Personal Information from our live databases.  We will not have any liability whatsoever to you for any termination of your Account or related deletion of your information.  Note that in some cases, you may request that we delete your Personal Information, but we may be required (by law or otherwise) to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your request only after we have fulfilled such requirements).

When we delete information that we have collected from or about you, it will be deleted from our active databases but may remain in our archives. 

2.9. How to Change your Information

If you would like to change any of your Personal Information you can send a request to change, correct, or remove information to info@yourthings.org

2.10. Links to Outside Web Sites

This privacy statement applies solely to information collected through the Web Sites.  Our Web Sites may contain links to outside websites for your convenience, and such links do not signify our endorsement of such websites or their contents.  FTS has no control over, does not review, and is not responsible for the privacy practices of or content displayed on other websites. We encourage our visitors to be aware when they leave our Web Sites, and to read the privacy policies of each and every third party web site that collects information from you. 

2.11. Shared Areas of the Services

Please be aware that if you enter any Personal Information into shared sections of the Services, such as in message boards, that Personal Information will be displayed to anyone who has access to these sections of the Service. FTS has no control over, and will have no liability to you regarding, other users’ use or disclosure of such Personal Information.

2.12. Regarding Minors

The Web Sites are not designed for minors under the age of 13.  We do not intentionally gather Personal Information about visitors who are under the age of 13. 
We undertake not to contact minors about promotional offers or for marketing purposes without a parental consent. 

2.13. Questions and Comments

If you have any questions regarding this Privacy Policy or FTS site practices, please do not hesitate to contact us: info@yourthings.org

2.14. Privacy Policy Updates

This Privacy Policy is subject to occasional revision.  If we make material changes to this Privacy Policy, we will notify you through the Web Site interface, or, if you have provided your e-mail address, by e-mail.  You are responsible at all times for keeping your e-mail address up to date.  If the last e-mail address that you have provided to us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice.  Any changes to this Privacy Policy will be effective immediately for new users of our Web Sites; otherwise, you agree that such amended Privacy Policy will be effective thirty (30) days after being posted or sent to you, and your continued access to the Web Sites or use of the Services after such time shall constitute your acceptance of the amended Privacy Policy.
 
This Privacy Policy was last updated on 1.10.2014.