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Last Modified: Dec 3, 2021
Terms of Use
Acceptance of the Terms of Use
These terms of use are a legally binding contract between you and Chario, Inc. ("Chario", "we", "us" or "our"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of www.thechario.com and app.thechario.com, including any content, functionality and services offered on or through www.thechario.com and app.thechario.com (collectively the "Chario Site"), whether as a guest or a registered user.
You may have entered into a separate Partner Collaboration Agreement with Chario (the “Collaboration Agreement”) in connection with your use of the Chario Site. In case of any inconsistency between the terms of such Collaboration Agreement and the terms of these Terms of Use, the terms of the Collaboration Agreement shall prevail.
Please read the Terms of Use carefully before you start to use the Chario Site. By using the Chario Site or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at www.thechario.com/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Chario Site.
The Chario Site is offered and available to users who meet the following requirements: (1) they are “Minimum Age” (described below) or older; and (2) are not already restricted by Chario from using the Chario Site. “Minimum Age” means 18 years old. By using the Chario Site, you represent and warrant that you are Minimum Age or older, and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Chario Site.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Chario Site thereafter.
Your continued use of the Chario Site following the posting of any revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Accessing the Chario Site and Account Security
We reserve the right to withdraw or amend the Chario Site, and any service or material we provide on the Chario Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Chario Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Chario Site, or the entire Chario Site, to users, including registered users.
You are responsible to ensure that all persons who access the Chario Site through your internet connection are aware of these Terms of Use and comply with them.
To access the Chario Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Chario Site that all the information you provide on the Chario Site is correct, current and complete. You agree that all information you provide to register with the Chario Site or otherwise, including but not limited to through the use of any interactive features on the Chario Site, is governed by our Privacy Policy www.thechario.com/privacy-policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Chario Site or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Intellectual Property Rights
The Chario Site and its entire 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, our licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Chario Site solely for the Permitted Uses (as defined below), which, unless otherwise permitted by these Terms of Use, shall be non-commercial. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Chario Site, in whole or in part, in any form (including by email, screen shots or other electronic means) except as follows:
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Your computer may temporarily store copies of such materials in RAM (or any other place that your browser may store temporary data), incidental to your accessing and viewing those materials.
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You may store files that are automatically cached by your Web browser for display enhancement purposes.
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You may print or download contents of the Chario Site for your own personal, non-commercial use and not for further reproduction, publication or distribution.
You must not:
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Modify copies of any materials from this site.
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Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Chario Site.
You must not access or use for any commercial purposes any part of the Chario Site or any services or materials available through the Chario Site. If you would like to make copies and/or distribute any portion of the Chario Site in ways not expressly authorized by these Terms of Use, you must contact us for written permission, which we may grant or withhold in our sole discretion. Of course, you are free to encourage others to access the information themselves from the Chario Site and tell them how to find it.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Chario Site in breach of the Terms of Use, your right to use the Chario Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Chario Site or any content on the Chario Site is transferred to you, and all rights not expressly granted are reserved by Chario. Any use of the Chario Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
Trademarks and Copyright
Our name, “Chario, Inc.”, and all related names, logos, products and service names, designs and slogans are trademarks of Chario or its affiliates or licensors. You must not use such marks without the prior written permission of Chario. All other names, logos, product and service names, designs and slogans on the Chario Site are the trademarks of their respective owners.
In addition, you hereby agree that Chario may use your names, logos, product and service names, designs, slogans and copyrighted materials on the Chario Site, and you will not have any claim of any kind against Chario in connection with any such use.
Permitted Uses
You may use the Chario Site for the following purposes (collectively, “Permitted Uses”):
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To learn more or exchange information about specific nonprofit organizations, specific donors of nonprofit entities, other people and organizations affiliated with nonprofit organizations or donors or the nonprofit sector more broadly, and general issues of interest to the nonprofit community.
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To investigate and connect with potential donors of nonprofit entities or for entering into other types of business relationships with such donors.
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For your own lawful, personal, non-commercial use.
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For your own legitimate, lawful internal business use.
Prohibited Uses
You may use the Chario Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Chario Site:
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In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
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For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
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To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards, provided below, set out in these Terms of Use.
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To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
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To impersonate or attempt to impersonate Chario, a Chario employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
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To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Chario Site, or which, as determined by us, may harm Chario or users of the Chario Site, or expose them to liability.
Additionally, you agree not to:
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Use the Chario Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Chario Site, including their ability to engage in real time activities through the Chario Site.
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Use any robot, spider or other automatic device, process or means to access the Chario Site for any purpose, including monitoring or copying any of the material on the Chario Site.
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Use any manual process to monitor or copy any of the material on the Chario Site or for any other unauthorized purpose without our prior written consent.
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Use any device, software or routine that interferes with the proper working of the Chario Site.
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Introduce any viruses, trojan horses, worms, logic bombs, malware, spyware, key loggers or other material which is malicious or technologically harmful.
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Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Chario Site, the server on which the Chario Site is stored, or any server, computer or database connected to the Chario Site.
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Attack the Chario Site via a denial-of-service attack or a distributed denial-of-service attack.
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Otherwise attempt to interfere with the proper working of the Chario Site.
User Contributions
The Chario Site may allow users to create personal profiles, submit or post content and information, and may feature any other interactive features (collectively, "Interactive Services"). These Interactive Services may allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Chario Site. For clarification, any User Contributions posted by you on or through the Chario Site, whether before or after you accepted and agreed to these Terms of Use, shall be subject to these Terms of Use. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.
All User Contributions must comply with the Content Standards set out in these Terms of Use.
Some of the User Contribution you post to the site will be considered, at your choice, private and confidential (the “Confidential User Contribution”), while other User Contribution, including any publicly available User Contribution, will be considered non-confidential and non-proprietary (the “Non-Confidential User Contribution”). Any Confidential User Contribution you provide Chario shall be kept in strict confidentiality. By providing any Non-Confidential User Contribution on the Chario Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose, without any further consent, notice and/or compensation to you or others.
You represent and warrant that:
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You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
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Your profile information will be truthful.
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All of your User Contributions, whether posted before or after your acceptance of these Terms of Use, do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Chario, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. You understand that information or content that you share or post may be seen by users or others (including off of the Chario Site). Where we have made settings available, we will honor the choices you make about who can see content or information.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Chario Site. You acknowledge that the use of others’ content and information posted on the Chario Site, is at your own risk.
Monitoring and Enforcement; Termination
We have the right to:
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Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
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Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Chario Site or the public or could create liability for us.
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Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
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Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Chario Site.
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Terminate or suspend your access to all or part of the Chario Site for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Chario Site. YOU WAIVE AND HOLD HARMLESS CHARIO AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY CHARIO/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER CHARIO/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Chario Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
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Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
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Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
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Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
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Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy www.thechario.com/privacy-policy.
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Be likely to deceive any person.
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Promote any illegal activity, or advocate, promote or assist any unlawful act.
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Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
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Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
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Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
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Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Copyright Infringement
We respect the intellectual property rights of others and expect our users to do the same. It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users who repeatedly infringe the copyrights or other intellectual property rights of others. In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), the text of which may be found on the U.S. Copyright Office website at https://www.copyright.gov/legislation/dmca.pdf, we will respond expeditiously to claims of copyright infringement that comply with applicable law.
If you believe any materials accessible on or from the Chario Site infringe your copyright, you may request removal of those materials (or access to them) from the Chario Site by submitting written notification (“Notice) to our copyright agent designated below. Upon receipt of the Notice as described below, we will take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged material from the Chario Site. If we remove or disable access to content in response to a Notice, we may notify the user with details about the Notice so that they may submit a counter-notice. We may also send a complete copy of the Notice to users where appropriate.
Reporting Claims of Copyright Infringement:
Pursuant to the DMCA, the Notice must include substantially the following:
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Your physical or electronic signature.
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Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Chario Site, a representative list of such works.
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Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
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Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
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A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
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A statement that the information in the written notice is accurate.
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A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive Notices is:
Simon Dickson
Chario, Inc.
1002 Dean Street
Suite #101
Brooklyn NY 11238
646-470-5935
simon@thechario.com
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Chario Site is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
Counter Notification Procedures:
If you believe that material you posted on the Chario Site was removed in error, you may file a counter notification with us (“Counter Notice”) by submitting written notification to our copyright agent designated above, as explained below.
Pursuant to the DMCA, the Counter Notice must include substantially the following:
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Your physical or electronic signature.
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An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
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Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
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A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
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A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Chario Site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
Reliance on Information Posted
The information presented on or through the Chario Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Chario Site, or by anyone who may be informed of any of its contents.
Unless otherwise specifically indicated, Chario does not endorse and has no affiliation with any of the organizations mentioned, listed in, described on or linked to via the Chario Site, and it makes no representations or warranties whatsoever with regard to those organizations or any other organization, entity or person, including but not limited to the performance of goods and services provided by those sites we link.
The Chario Site includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Chario Site
We may update the content on the Chario Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Chario Site may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Chario Site
All information we collect on the Chario Site is subject to our Privacy Policy www.thechario.com/privacy-policy. By using the Chario Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Linking to the Chario Site and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
The Chario Site may provide certain social media features that enable you to:
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Link from your own or certain third-party websites, to certain content on the Chario Site.
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Send e-mails or other communications with certain content, or links to certain content, on the Chario Site.
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Cause limited portions of content on the Chario Site to be displayed or appear to be displayed on your own or certain third-party websites.
You may use any social media features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
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Cause the Chario Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
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Link to any part of the Chario Site other than the homepage.
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Otherwise take any action with respect to the materials on the Chario Site that is inconsistent with any other provision of these Terms of Use.
The Chario Site from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Chario Site
If the Chario Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Chario Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions
We make no claims that the Chario Site or any of its content is accessible or appropriate outside of the United States. Access to the Chario Site may not be legal by certain persons or in certain countries. If you access the Chario Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Chario Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE CHARIO SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE CHARIO SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE CHARIO SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE CHARIO SITE IS AT YOUR OWN RISK. THE CHARIO SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE CHARIO SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER CHARIO NOR ANY PERSON ASSOCIATED WITH CHARIO MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE CHARIO SITE. WITHOUT LIMITING THE FOREGOING, NEITHER CHARIO NOR ANYONE ASSOCIATED WITH CHARIO REPRESENTS OR WARRANTS THAT THE CHARIO SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE CHARIO SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE CHARIO SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE CHARIO SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, CHARIO HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL CHARIO, ITS AFFILIATES OR ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE CHARIO SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE CHARIO SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE CHARIO SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold harmless Chario, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Chario Site, including, but not limited to, your User Contributions, any use of the Chario Site's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Chario Site.
Governing Law and Jurisdiction
All matters relating to the Chario Site and these Terms of Use 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 New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Chario Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Mediation or Arbitration
At our sole discretion, we may require you to submit any disputes arising from use of the Chario Site or these Terms of Use, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to mediation or final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware state law.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE CHARIO SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by Chario of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Chario to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Chario with respect to the Chario Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Chario Site.
Your Comments and Concerns
The Chario Site is operated by Chario, located at 1002 Dean Street, Suite #101, Brooklyn, NY 11238. All notices, except for all notices of copyright infringement claims, including feedback, comments, requests for technical support and other communications relating to the Chario Site should be directed to: info@thechario.com
Last Modified: April 27, 2021
Privacy Policy
1. INTRODUCTION
Chario, Inc. ("Company" or "We") respect your privacy and are committed to protecting it through our compliance with this policy.
This policy describes the types of information we may collect from you or that you may provide when you visit thechario.com and app.thechario.com (collectively, our "Website") and our practices for collecting, using, maintaining, protecting, and disclosing that information.
This policy applies to information we collect:
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On this Website.
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In email, text, and other electronic messages between you and this Website.
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Through our mobile and desktop applications.
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Our pages or ads on social media networks, like our Facebook or Instagram pages.
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Through offline activities and communications, such as when you send us reports or other data.
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Anywhere we gather information from you and refer you to this policy.
It does not apply to information collected by:
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Any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website.
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
2. INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT
We collect several types of information from and about users of our Website, including over the past twelve months:
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Identifiers - including name, address, email address, account name, IP address.
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Other personal information - including phone number, income records (such as, donations made), employment or education information. This category includes personal information protected under pre-existing California law (Cal. Civ. Code 1798.80(e)) and overlaps with other categories.
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Demographic information – including your gender identification, BIPOC identification, LGBTQ identification. This type of personal information includes what is also considered a protected classification characteristic under pre-existing California or federal laws.
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Internet or other electronic network activity information — including browsing activity on our Website and apps, browser type and browser language. This also encompasses other information that gets collected automatically when you use our Website and apps or interact with us through social media.
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Professional or employment-related data – including employer and work title(s).
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Inferences drawn from any of the above personal information — about your preferences, predispositions and behavior as they relate to our Website and apps.
We collect this information:
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Directly from you when you provide it to us.
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Automatically as you navigate through the site. Information collected automatically may include usage details, browser information, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
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From public sources, for example, Form 990 tax returns, which are publicly available online, annual reports submitted to government entities or otherwise posted online, publicly available websites, and other public sources online.
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From other users of the Website (e.g. users who control the profile for their organizations can add other employees of the organization as users, with their consent).
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From social networks.
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From data collection and analytic companies.
Below, is more specific information on the information we collect, and how we collect it.
2.1 Information You Provide to Us
The information we collect directly from you on or through our Website may include:
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Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website or creating a profile. We may also ask you for information when you report a problem with our Website.
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Records and copies of your correspondence (including email addresses), if you contact us.
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User-generated content. For example, 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 Contributions"). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons. We do not have to permit posting of any of your content. If the law requires us to take down, remove or edit it, we will comply to the required extent.
2.2 Information We Collect from Other Sources
The information we collect from other sources may include:
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Publicly available information from online sources or government entities, as discussed above.
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Information from social media platforms. We receive information from you when you interact with our pages, groups, accounts or posts on social media platforms. This includes aggregate data on our followers (e.g., age, gender and location), engagement data (e.g., “likes,” comments, shares, reposts and clicks), awareness data (e.g., number of impressions and reach) and individual users’ public profiles. As disclosed above, we may also gather information from publicly available online sources, including user’s social media platforms.
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Information through other users, such as your employer organization. When an organization you work for registers for the Website, they sometimes provide us with your name and organization email address to grant you access as a user.
2.3 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:
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Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
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Information about your computer and internet connection, including your IP address, operating system, screen resolution, and browser type.
We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). Please note that because the “Do Not Track” browser-based standard signal has yet to gain widespread acceptance, we don’t currently respond to those signals.
The information we collect automatically is only statistical data and does not include personal information, but we may maintain it or 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 by enabling us to:
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Estimate our audience size and usage patterns.
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Store information about your preferences, allowing us to customize our Website according to your individual interests.
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Speed up your searches.
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Recognize you when you return to our Website.
The technologies we use for this automatic data collection may include:
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Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
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Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
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Web Beacons. Pages of our the Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
2.4 Third-Party Use of Cookies and Other Tracking Technologies
Some content or applications, including advertisements, on the Website are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use the Website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
Third party service providers that we employ may include:
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Google Analytics: Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google Analytics collects information such as how often users visit this site, what pages they visit when they do so, and what other sites they used prior to coming to this site. We use the information we get from Google Analytics to improve our business, including this Website. Google Analytics collects only the IP address assigned to you on the date you visit this site, rather than your name or other identifying information. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit this site, the cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to this site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. For more information about how Google Analytics collects and processes data, please visit the site How Google Uses Data When You Use Our Partners’ Sites or Apps. You may opt-out of any Google Analytics features by downloading and installing the Google Analytics Opt-out Browser Add-on.
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FullStory: FullStory is provided by FullStory, Inc. To opt-out of FullStory’s services, please visit https://www.fullstory.com/optout/. For more information on what type of information FullStory collects, please review FullStory’s Privacy Policy and Terms and Conditions.
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Mixpanel: Mixpanel is provided by Mixpanel, Inc. To opt-out of Mixpanel’s services, please visit https://mixpanel.com/optout/. For more information on what type of information Mixpanel collects, please review Mixpanel’s Privacy Policy and Terms of Use.
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Heroku: Heroku is provided by Salesforce.com, Inc. For more information about Heroku, please visit Heroku Security and its Acceptable Use and External-Facing Services Policy.
We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
3. HOW WE USE YOUR INFORMATION
We use information that we collect about you or that you provide to us, including any personal information:
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To present our Website and its contents to you, including to populate user profiles for the organizations (e.g. nonprofits or foundations) and individuals that utilize our services
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To provide you with information, products, or services that you request from us.
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To fulfill any other purpose for which you provide it.
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To provide you with notices about your account.
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To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
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To notify you about changes to our Website or any products or services we offer or provide though it.
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To allow you to participate in interactive features on our Website.
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To enhance the performance of our search tools, filters, and recommendations.
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In any other way we may describe when you provide the information.
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For any other purpose with your consent.
We may also use your information to contact you about our own and third-parties' goods and services that may be of interest to you. If you do not want us to use your information in this way, please adjust your user preferences in your account profile. For more information, see Choices About How We Use and Disclose Your Information.
We may use the information we have collected from you to enable us to display advertisements to our advertisers' target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
4. DISCLOSURE OF YOUR INFORMATION
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
We may disclose personal information that we collect or you provide as described in this privacy policy:
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To contractors, service providers, and other third parties we use to support our business, such as, but not limited to, FullStory, Heroku, Google Analytics, and Amazon Web Services, 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.
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To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Company's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Company about our Website users is among the assets transferred.
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To third parties to market their products or services to you if you have not opted out of these disclosures. For more information, see Choices About How We Use and Disclose Your Information.
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To fulfill the purpose for which you provide it.
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For any other purpose disclosed by us when you provide the information.
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With your consent.
We may also disclose your personal information:
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To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
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To enforce or apply our Terms of Use and other agreements, including for billing and collection purposes.
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If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our users, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
5. CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
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Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
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Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by sending us an email with your request to privacy@thechario.com. If you are a California resident, please see Your California Privacy Rights for more information regarding your opt-out options.
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Promotional Offers from the Company. If you do not wish to have your email address/contact information used by the Company to promote our own or third parties' products or services, you can opt-out by sending us an email stating your request to privacy@thechario.com. If we have sent you a promotional email, you may ask to be omitted from future email distributions by clicking the unsubscribe button at the bottom of the email. This opt out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience or other transactions. If you are a California resident, please see Your California Privacy Rights for more information regarding your opt-out options.
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Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers' target-audience preferences, you can opt-out by sending us an email stating your request to privacy@thechario.com. If you are a California resident, please see Your California Privacy Rights for more information regarding your opt-out options.
We do not control third parties' collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.
California residents may have additional personal information rights and choices. Please see Your California Privacy Rights for more information.
6. ACCESSING AND CORRECTING YOUR INFORMATION
You can review and change your personal information by logging into the Website.
You may also send us an email at privacy@thechario.com to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
If you delete your User Contributions from the Website, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Website users. Proper access and use of information provided on the Website, including User Contributions, is governed by our Terms of Use .
California residents may have additional personal information rights and choices. If you are a California resident, please see Your California Privacy Rights for more information.
7. YOUR CALIFORNIA PRIVACY RIGHTS
These additional disclosures for California residents apply only to individuals who are California residents. Californian users of the Website have additional rights afforded to them under the California Consumer Privacy Act (“CCPA”).
7.1 Categories of Personal Information Collected by the Website and the Purposes for our Collection
For more details about the personal information that we have collected in the past year, please see Section 2 “Information We Collect About You and How We Collect It.” We collect the above information listed in Section 2 for the business purpose of giving you access to our services, including the Website and our applications. This information is a key part of how we carry out subscription services, account access, customer service, transactions, customer research and feedback programs, analytics, advertising and marketing services. For additional details on how we use the information, and who we share it with, please see Section 4 “Disclosure of Your Information” and Section 5 “Choices About How We Use And Disclose Your Information”.
Chario does not generally sell information as the term “sell” is traditionally understood. However, to the extent “sale” under the CCPA is interpreted to include advertising technology activities, we will comply with applicable laws as to such activity. Please see section 7.3 below.
7.2 Making A Request in Relations to Your Personal Information
The CCPA gives California consumers various rights with respect to the personal information we collect, including the right to (subject to certain limitations):
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Request to access the personal information we have about you;
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Request a “portable” copy of your personal information that you have submitted to us; and
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Request that we delete all of your personal information
California users may make a request by using this interactive webform or by emailing us at privacy@thechario.com. We will authenticate your request using the email address associated with your account and if necessary, proof of residency.
7.3. Sale of Personal Information and Right to Opt-Out
Chario does not sell personal information of its users as the term “sell” is traditionally understood. However, “sell” under the CCPA is broadly defined. It includes the sharing of personal information with third parties in exchange for something of value, even if no money changes hands. For example, sharing an advertising or device identifier to a third party may be considered a “sale” under the CCPA.
During the previous twelve months, we may have “sold” the following categories of personal information about users to online advertising services:
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Identifiers
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Internet or other electronic network activity information
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Inferences
To the extent Chario sells your personal information as the term “sell” is defined under the CCPA, you have the right to opt-out of the sale of your personal information by us to third parties at any time. You may submit a request to opt-out by clicking the “CA Residents: Do Not Sell My Personal Information” link in the footer of our Websites or emailing us at privacy@thechario.com. We will authenticate your request using the email address associated with your account and if necessary, proof of residency. To submit a request as an authorized agent on behalf of a user, please email us at privacy@thechario.com and provide (A) evidence that the agent is a business entity registered with the California Secretary of State to conduct business in California and (B) permission to submit the access or deletion request on the user’s behalf, signed by the user.
We do not have actual knowledge that we sell personal information of minors under 16 years of age.
7.4 Right to Nondiscrimination
You have the right not to receive discriminatory treatment by us for the exercise of any of your rights conferred by the CCPA.
8. DATA SECURITY
All information you provide to us is stored on secured databases and servers hosted by our contractually obligated third party service providers. We and our service providers have implemented and maintain commercially reasonable technical and organizational security measures designed to ensure the security and confidentiality of information in our custody and control. However, we cannot guarantee that unauthorized third parties will never be able to defeat these measure to access such information for improper purposes.
Where we have given you (or where you have chosen) a password for access to our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. We cannot guarantee the security of your personal information transmitted to our Website. You acknowledge that there are risks inherent in internet connectivity that could result in the loss of your information, and that any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
9. CHILDREN UNDER THE AGE OF 18
Our Website is not intended for children under 18 years of age. No one under age 18 may provide any personal information to or on the Website. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on this Website or through any of its features, register on the Website, use any of the interactive features of this Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at privacy@thechario.com.
10. CHANGES TO OUR PRIVACY POLICY
It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users' personal information, we will notify you through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.
11. CONTACT INFORMATION
To ask questions or comment about this privacy policy and our privacy practices, contact us at:
info@thechario.com or privacy@thechario.com.
If you need to access this policy in an alternative format due to having a disability, please contact us at the email addresses above.
CA Personal Information Request
For California Residents Only
Pursuant to the California Consumer Act ("CCPA")
California residents can use this form to submit requests under the California Consumer Privacy Act (CCPA) regarding personal information collected by Chario.
You have the right to request that we disclose or delete any of your personal information that we collected from you and retained over the past 12 months, subject to certain exceptions.
Chario reserves the right to refuse requests, in part or in whole, to the extent permitted by law, if we are unable to verify your identity, or if we cannot verify your authority to act on behalf of another person.
For certain requests, we may ask for additional information or documents to verify the identity of the consumer who is the subject of the request. The information provided through this form will be used to respond to your request, including verifying identity, identifying personal information responsive to your request, and keeping records of your request.
CA Do Not Sell My Personal Information
For California Residents Only
Pursuant to the California Consumer Act ("CCPA")
Chario, Inc. uses data collected from this site to improve and analyze its functionality and to tailor products, services, ads, and offers to your interests. Occasionally, we do this with help from third parties. To learn more about how your data is shared, please visit our Privacy Policy .
If you wish to opt-out of these processes, please utilize the choices below.
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