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TERMS & CONDITIONS

The Monira Foundation (the “Foundation”) has created and maintains this website (the “Site”) to provide the public with information regarding the collections and activities of the Foundation. By accessing and using this Site, you expressly agree to comply with and be bound by the following terms and conditions (“Terms”) as they currently exist and may be amended from time to time. If you do not agree to the Terms, do not use this Site.

1. No Reproduction. Except as set forth below, no part of this Site and nor any images, photos, works or content displayed on it may be reproduced, mirrored, catalogued, framed, displayed, republished or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or any information storage and retrieval system.
2. Ownership. All of the text, photos, images, marks, logos, service marks, and other content of the Site are proprietary to the Foundation or are used in a manner consistent with the legal owner’s permission or applicable laws or regulations. The Foundation retains all rights to data, photos, images, text, and all other information contained on this Site. The materials on this Site are copyrighted or trademarked by the Foundation or by third parties whose credit line appears in association with their image or information. Absence of copyright or trademark information does not imply lack of copyright by the Foundation or a third party.
3. Reservation of Rights. All rights not expressly granted by the Foundation herein are specifically and completely reserved. Nothing on the Site grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any content, photo, image or property of any third party, or may be construed to mean that the Foundation has authority to grant any right or license on behalf of any third party.
4. Acceptance of Terms. By accessing and using this Site, you affirmatively acknowledge that you understand and intend these Terms to be the legal equivalent of a signed, written contract and equally binding, and that you accept and agree to be legally bound by these Terms. If you download, print or use content from the Site in any manner, you represent and warrant that your use will not infringe or violate the rights of any other party or breach any contract with or legal duty to any other parties.
5. Fair Use. Fair use of copyrighted material includes the use of protected materials for noncommercial educational purposes, such as teaching, scholarship, research, criticism, commentary, and news reporting. Unless otherwise noted, users who wish to download or print text, audio, video, image and other files from the Foundation’s Site for such uses are welcome to do so without the Foundation’s express permission. Users must cite the author and source of this material as they would material from any printed work; the citation should include the URL http://www.monirafoundation.org and images must be accompanied by the credit line that accompanies the image. By downloading, printing, or otherwise using text, audio, video, image and other files from the Foundation’s Site, whether accessed directly from this Site or via other sites or mechanisms, users agree that they will limit their use of such files to fair use, and will not violate the Foundation’s or any other party’s proprietary rights.
6. International Use.  This Site is operating and controlled by the Foundation in the United States, and the Foundation’s databases are located in the United States.  By using this Site, you consent to the transfer of data to, and its storage in, the United States.  Those who access the Site from outside the United States are responsible for compliance with local laws, rules and regulations.
7. Disclaimer.  This Site and its content are provided on an “as is” basis.  The Foundation makes no representations or warranties, either express or implied, regarding the Site or the content, and hereby specifically disclaims any and all such representations or warranties of any kind, including those with respect to the completeness, accuracy, or currency of information presented or its suitability for any particular purpose.  Your use of this Site is solely at your own risk.
8. Indemnification/ Limitation of Liability. You shall indemnify and hold harmless the Foundation, its trustees, officers, employees, legal representatives, licensors and agents, predecessors, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from your use of and connection to the Site, your breach of these Terms, or your violation of any rights of another. THE FOUNDATION, ITS TRUSTEES, DIRECTORS, OFFICERS AND EMPLOYEES, AND OTHER AGENTS AND REPRESENTATIVES SHALL HAVE NO LIABILITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, COMPENSATORY, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR RELATING TO THE USE OF THIS SITE. YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
9. Proceedings. All matters relating to the use of the Site or its content will be governed by the laws of the state of New Jersey without regard to its conflict of laws provisions. Venue and jurisdiction for any dispute relating to the Site shall be adjudicated exclusively in Hudson County, New Jersey.
10. Refunds. We are grateful for your donation and support of our organization. Donations are normally non-refundable but if you have made an error in making your donation or change your mind about contributing to our organization within 30 days of the donation please contact us. Refunds are returned using the original method of payment. If you made your donation by credit card, your refund will be credited to that same credit card. Tickets refunds are available 7 days up until the event date.

PRIVACY POLICY

The Privacy Policy (the “Policy”) below is applicable to The Monira Foundation (the “Foundation,” “we,” or “our”) website, located at www.monirafoundation.org, and any other websites under the control of the Foundation that link to this Policy (collectively, the “Website”).

This Policy describes the types of information we may collect from you or that you may provide when you visit the Website and our practices for collecting, using, maintaining, protecting, and disclosing that information.  This Policy applies to information we collect:  (i) on the Website, and (ii) in email and other electronic messages between you and the Website. You agree to agree to these policies by virtue of using our website in a way that leads to you providing us with personal information.

Please read this Policy carefully before using the Website.  By accessing or using the Website, you hereby agree to be bound by this Policy, as well as our Terms of Use. If you do not agree to this Policy for any reason, please do not use the Website.

WHAT INFORMATION WE COLLECT

You may visit our Website without being required to provide your name, email address, or similar personal information. However, we may collect several types of information from and about users of the Website, including information:

• by which you may be personally identified, such as name, mailing address, email address, and telephone number (“personal data”);
• that is about you but individually does not identify you (“anonymous data”); and/or
• about your internet connection, the equipment you use to access the Website, and usage details.

We collect this information in the following ways:

Directly from you when you provide it to us. You may give us your personal data by filling in forms (such as grant applications), or by corresponding with us through the Website, by email, or otherwise.  This includes personal data you provide (i) when you send an email inquiry to the Foundation, (ii) when you sign up to receive email newsletters from us, (iii) in connection with grant applications or awards, or (iv) when you register for and/or participate in our programs, initiatives, and events.

Automatically as you navigate through the Website.  Information collected automatically may include usage details, IP addresses, and information collected through 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 the Website.

By using the Website with your browser setting adjusted to accept cookies, you consent to our use of cookies on the Website.

From third parties, such as our grantee organizations.  We may receive personal data about you from third parties and other sources, including your organization/company, publicly available sources, and third-party analytics providers.  For example, we may receive your personal data if someone at your organization designates you as a contact person for that organization or includes information about you in a grant application.

HOW WE USE YOUR INFORMATION

We may use the information we collect to:

• communicate with you, including to respond to your inquiries and provide information you request from us;
• provide, maintain, and improve the Website, including research and analytics regarding users of the Website and usage patterns;
• notify you about changes to the Website or this Policy;
• process grant applications and manage grants;
• send you email newsletters, mailings, and other information about programs, grants, initiatives, and events;
• process your event or program registration; or
• administer and protect the Website, including to detect, investigate, and prevent activities that may violate our policies or be illegal.

We process personal data on the following legal bases:  (1) where you have given us your consent; (2) as necessary to perform our agreements; (3) as necessary to comply with legal obligations to which we are subject; and/or (4) as necessary for our legitimate interests in providing services where those interests do not override your fundamental rights and freedom related to data privacy.

We will only use your personal data for the purposes for which we collected it, unless we reasonably determine that we need to use it for another reason that is compatible with the original purpose(s) and/or as required or permitted by law.  If we need to use your personal data for an unrelated purpose, we will notify you and explain the legal basis which allows us to do so.

HOW WE SHARE YOUR INFORMATION

The Foundation does not sell, rent, or otherwise disclose your personal data to any third parties, except as described below.

We may disclose your personal data to third-party service providers who use the information to perform services on our behalf, such as website hosting, information technology services, and data management.  We require all third-party service providers to respect the security of your personal data and to treat it in accordance with the law.  We do not allow our third party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

We may use or disclose your personal data as we deem necessary or appropriate under applicable laws; to respond to requests from public, governmental, and regulatory authorities; to comply with court orders, litigation procedures, and other legal processes; to obtain legal remedies or limit our damages; and to protect the rights, safety, or property of our employees, you, or others.

DATA SECURITY

No data transmission over the internet can be 100 percent secure; therefore, the Foundation cannot ensure or warrant the security of any information submitted on or to the Website.

Nevertheless, we have put in place appropriate security measures to prevent your personal data from being accidentally lost, used, accessed in an unauthorized way, altered, or disclosed.  In addition, we limit access to your personal data to those employees, agents, and third-party service providers who need to know that information in order to provide services to us and yourself.  We maintain physical, electronic, and procedural safeguards to protect your personal data.

We have put in place procedures to address any personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

DATA RETENTION

We retain your personal data only for as long as is necessary for our legitimate interests, in accordance with our retention policies, and in accordance with applicable laws.

CHANGES TO OUR POLICY

We may make changes to this Policy from time to time.  We will post any changes to this page along with a notice at the end of this Policy of the last date that any changes were made.  Your continued use of the Website following the posting of any changes will mean you accept those changes.

USERS FROM OUTSIDE THE UNITED STATES

The Website is operated and controlled by the Foundation in the United States.  By using the Website, you:

• acknowledge that your information will be processed as described in this Policy; and
• consent to having your information transferred to the Foundation and/or our third party service providers, in the United States or elsewhere, as described in this Policy.

If you are an EU national and reside in the EU, or are a non-EU national residing in the EU, we will transfer your personal data to the United States in accordance with EU data protection law requirements and/or by using standard contractual clauses that have been approved by the European Commission.  Such a transfer may also take place with your explicit consent and/or if necessary in order to perform a contract with you or fulfill your request.

Individual Rights.  If you are an EU national and reside in the EU, or are a non-EU national residing in the EU, you may have the following rights under data protection laws with respect to the personal data you provide to us:

• To request access to or correct your personal data.
• To request your personal data be erased if it is no longer necessary for the purposes for which it was processed; you have withdrawn your consent to, or object to, its processing and there is no other legitimate grounds for processing it; or you consider it has been unlawfully processed.
• To request that processing of your personal data be restricted if you contest the data’s accuracy, its processing is unlawful, or you have objected to its processing and await verification of our legitimate grounds for processing it.
• To request transfer of your personal data to another company under certain circumstances.
• To lodge a complaint with your national data protection regulator if you feel that your personal data has been unlawfully processed.

If you wish to exercise any of the rights set out above, please Contact Us.

Controller.  If you are an EU national and reside in the EU, or are a non-EU national residing in the EU, the data controller (as defined under EU data protection law) will be The Monira Foundation.

THIRD-PARTY LINKS

This Website may include links to other sites operated by third parties.  We do not control these third-party websites and are not responsible for their privacy statements.  When you leave our Website, we encourage you to read the privacy policy and terms of use of every website you visit.

MINORS

This Website is directed solely at adults.  If you are under the age of thirteen (or if being a ‘minor’ is defined as a younger age in your relevant jurisdiction, that relevant age), please do not provide us with any of your personal data, including your email address.

CONTACT DETAILS

Any questions or comment about this Policy and/or our privacy practices should be sent to the Foundation at:  privacy@monirafoundation.org or at the address listed below.

The Monira Foundation
888 Newark Avenue Suite 451
Jersey City, NJ  07310
Attn: Ysabel Pinyol

Last revised:  August 11, 2020