Website Privacy Policy

Updated July 3, 2024

This website, https://www.whfoundation.co (the “Website”), is owned and operated by W&H Foundation (“W&H Foundation,” “we,” “our”).  By accessing or using this Website, you agree to and accept the terms of this Privacy Policy.

This Privacy Policy is also subject to the Terms of Use, which are incorporated herein by reference and made a part hereof.

This Privacy Policy reflects our commitment to respecting the privacy of visitors to our Website, and describes how we collect and use the personal information you provide to us on our Website. It also applies to information we collect on this Website, as well as in email, text, and other electronic messages between you and this Website. It does not apply to information collected by us offline or through any other means, including on any other website operated by W&H Foundation or any third party.

If you do not accept and agree with our policies and practices as set forth in this Privacy Policy, you should not use our Website.

We may update this Privacy Policy to reflect changes to our information practices. If we make any material changes, we will notify you by publishing a notice on this Website prior to the change becoming effective.  We encourage you to periodically review this policy for the latest information on our privacy practices.

 

1. Collection and Use of Personal Information

We collect personal information from you to provide a customized experience on our Website.  To opt out of data collection, contact us at info@whfoundation.co.

 

Browsing 

To ensure proper use of the Website, we automatically gather information about your computer such as your IP address, time and date of visit, browser type, referring/exit pages, and operating system. To ensure proper use of the Website, we collect the following personal information from you:

 

IP address

  • Time and date of visit

  • Browser and operating system information

  • Referring/exit pages

We may log this information for system administration, internal marketing, and system troubleshooting purposes.  We may also use this information:

  • To present our Website and its contents to you

  • To provide you with information, products, or services

  • To fulfill any other purpose for which you provide it

  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us

  • To notify you about changes to our Website

The data collected will be stored in the database until the expiration of the limitation period for claims under the Terms of Use.

 

Contact Forms

To fulfill your contact form requests, we collect the personal information contained in the contact form. The data provided in the contact form will be stored in the database until the expiration of the limitation period for claims under the concluded contract.

 

2. Mobile Services 

We may also collect non-personal information from your mobile device if you access the Website from your phone. Examples of information that may be collected and used include your geographic location, how you use the mobile site, and type of device. The data collected will be stored in the database until the expiration of the limitation period for claims under the Terms of Use.

 

3. Email Communications

We may use your email to deliver our daily newsletter, as well as for other promotional purposes. Email messages we send you may contain code that enables our database to track your usage of the emails, including whether the email was opened and what links (if any) were clicked. The data collected will be stored in the database until the expiration of the limitation period for claims under the Terms of Use. You may indicate your preference to opt out of receiving promotional communications by following the unsubscribe instructions provided in the promotional email you receive or by contacting us directly at info@whfoundation.co.  You acknowledge that it may take up to 10 days for us to process an opt-out request. Please note that you cannot opt out of receiving transactional emails related to your account with us.

 

4. Cookies and Other Tracking Technologies

We use cookies to ensure proper functionality of the website and for the following purposes:

  • Keeping track of your preferences

  • Providing a user account

  • Recording the acceptance of the Terms of Use

  • Providing support

  • Tracking website statistics, such as the number of visitors, type of operating system and web browser used, time spent on the website, visited subpages, etc. 

The data collected will be stored in the database until the expiration of the limitation period for claims under the Terms of Use. For this purpose, we may use a third-party website. The use of third-party services involves the implementation of the tracking code provided by the third-party service into our website’s code. This code is based on cookies but may also use other tracking technologies. In this regard, collected information is completely anonymous and does not allow your identification.

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.

 

5. Information Sharing

We will share your personal information with third parties only in the ways that are described in this privacy statement. We do not sell your personal information to third parties, and we do not authorize the collection of our visitors' personally identifiable information by any third parties for the third parties' use. We may also disclose your personal information:

  • To our subsidiaries and affiliates;

  • To contractors, service providers, and other third parties we use to support our business;

  • 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 W&H Foundation's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by W&H Foundation about our Website users is among the assets transferred;

  • To fulfill the purpose for which you provide it;

  • For any other purpose disclosed by us when you provide the information;

  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request;

  • To enforce or apply our Terms of Use and other agreements (if any); or

  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of W&H Foundation, our customers, or others. 

 

6. Personal Data

The Administrator of this Website is W&H Foundation, P.O. Box 63018, Colorado Springs, CO 80962. You have the following rights concerning our processing of your personal data:

  • The right to request access to your personal data as well as its rectification, removal, or restriction of processing.

  • The right to object to the processing.

  • The right to data portability.

  • The right to withdraw consent for the processing of personal data for a specific purpose.

  • The right to bring a complaint to the supervisory authority in connection with the processing of personal data.

We may refuse to exercise certain rights from those indicated above in a situation where the implementation of a given right would be in conflict with the legitimate purpose of the data we process. For example, we may refuse to delete personal data specified in your contact form until the expiration of the limitation period for claims under the concluded contract. 

Without limitation, we may entrust the processing of personal data to one or more of the following third-party service providers:

  • Squarespace - in order to operate the Website.

  • Google Analytics – to process website analytics.

  • Mailchimp - in order to provide an email newsletter.

  • Social Media Providers - to interact with you online.

In connection with the use of these third-party providers, personal data may be transferred to another country.

 

7. Security

We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security. In the event of a data breach, you will be notified within 72 hours.

 

8.  Children 

We do not intentionally gather personal information from visitors under the age of 13. If a child under 13 submits personal information to us and we learn that the personal information is the information of a child under 13, we will attempt to delete the information as soon as possible. If you believe that we might have any personal data from a child under 13, please contact us at info@whfoundation.co.

 

9. Contact Information

You can contact us about this Privacy Policy by emailing us at info@whfoundation.co.

CALIFORNIA PRIVACY POLICY

If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by certain members of W&H Foundation to third parties for the third parties’ direct marketing purposes. To make such a request, please send an email to info@whfoundation.co. 

Pursuant to California Civil Code Section 1798.83(c)(2), members of W&H Foundation do not share your personal information with other member companies or others outside W&H Foundation for those parties’ direct marketing use unless you elect that we do so. For more information about our privacy and data collection policies, you may wish to review our Privacy Policy.

If you are a California resident under the age of 18, and a registered user of any site where this policy is posted, California Business and Professions Code Section 22581 permits you to request and obtain removal of content or information you have publicly posted. To make such a request, please send an email with a detailed description of the specific content or information to info@whfoundation.co.  Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested.

These revised Terms of Use and Privacy Policy sections should provide clear, comprehensive, and legally sound guidelines for users of the W&H Foundation website. Ensure all specific information (such as email addresses, URLs, and policy effective dates) is accurately inserted where indicated.

 

DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE

If you believe that any content available on or through the Website infringes one or more of your copyrights, please notify us by providing a written DMCA Notice (a “Notice”) containing the following information:

  • Your physical or electronic signature.

  • Identification of the copyrighted work you believe to have been infringed, or if the claim involves multiple works, a representative list of such works.

  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.

  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).

  • 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.

  • A statement that the information in the written Notice is accurate.

  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Please send your DMCA Notice to our designated DMCA Agent at:

Attn: DMCA Agent
W&H Foundation
P.O. Box 63018
Colorado Springs, CO 80962
info@whfoundation.co  

Please note that if you knowingly misrepresent that any activity or material on our Website is infringing, you may be liable to W&H Foundation for certain costs and damages.

 

ENTIRE AGREEMENT

These Terms of Use, our Privacy Policy, and any documents they expressly incorporate by reference constitute the sole and entire agreement between you and W&H Foundation with respect to the Website, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website.

 

WAIVER AND SEVERABILITY

No waiver by W&H Foundation of any term or condition set forth 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 W&H Foundation 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.

 

SUCCESSORS AND ASSIGNS

These Terms of Use shall inure to the benefit of and be binding upon you and your respective heirs, legal personal representatives, successors, and assigns.

 

YOUR COMMENTS AND CONCERNS

This Website is owned and operated by W&H Foundation, P.O. Box 63018, Colorado Springs, CO 80962. All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to info@whfoundation.co. 

 

ACCESSING THE WEBSITE AND ACCOUNT SECURITY

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, at our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

 

GEOGRAPHIC RESTRICTIONS

The owner of the Website is based in the State of Tennessee in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

 

GOVERNING LAW AND JURISDICTION

All matters relating to the Website 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 Tennessee without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the state or federal courts sitting in Knox County, Tennessee. You hereby consent to personal jurisdiction and venue in such courts, and you further waive any and all objections to the exercise of personal jurisdiction and/or improper venue by such courts.

 

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless W&H Foundation, 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 Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

 

FORCE MAJEURE

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials, or telecommunication breakdown or power outage.