// Privacy Policy

SONGWRITINGWITH: INC. PRIVACY POLICY

(LAST UPDATED May 12, 2020)

SongwritingWith: Inc. (“SW:S,” “we” or “us”) values the privacy and the trust bestowed upon us by visitors to our website located at www.songwritingwithsoldiers.org, our donors, guests, and volunteers (collectively “you”). The security of your personal information is important to us. This Privacy Policy (“Privacy Policy”) describes the types of information, including Personal Information, that we gather from you when you use our website located at www.songwritingwithsoldiers.org (the “Site”), as well as your choices regarding use and disclosure of your Personal Information. As used in this Privacy Policy, the term “Personal Information” means information that identifies you personally, alone or in combination with other information available to us

In order to optimize your experience with us or on our Site, we may ask for personal data in order to facilitate volunteer activities, photo/video releases, regular communications, donation processing, and/or your use of the Site.

Your Agreement to the Privacy Policy

By using our services or accessing the Site, including without limitation by posting content, signing up or volunteering for a retreat or event, downloading music, or making a donation, you agree to be bound by this Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not use our Site.

We reserve the right to update or modify this Privacy Policy from time to time. We will notify you of any changes by revising the date of the last update at the top of this Privacy Policy. If we make any material changes to this Privacy Policy or the way we use, share or collect Personal Information, we will post an announcement of the changes on our Site, prior to the new policy taking effect. In all cases, your continued use of our Site or our services constitutes consideration and your binding acceptance to any such changes. We encourage you to review this Privacy Policy regularly to ensure that you are familiar with SW:S’s current practices.

Information Collected by SW:S

When you use our services or visit our Site, SW:S collects information (i) that you knowingly and voluntarily provide, such as through forms or in hard copy when you visit our retreat, or complete and submit profile screens, content, application forms, donation information or a “contact us” function, etc. when you visit our Site, and (ii) that we are able to collect from your web browser, cookies and other similar technologies when you visit our Site, as described more fully below.

We may aggregate and/or anonymize all information that we collect from you, including Personal Information, for the purpose of research on our services and marketing, or for other marketing and promotional efforts.

Information that you Knowingly and Willingly Provide

We collect information that you knowingly and voluntarily provide when you use our Site or our services, including volunteer or donation information, profile details, and payment information. We primarily use this information to provide you with the services on the Site, including without limitation to fulfill your information or donation requests. You can choose not to provide us with certain Personal Information, but then you may not be able to take advantage of the Site, our services or other available features we offer. The information that we collect and use may include without limitation the following kinds of Personal Information:

  • First and Last Name.
  • Telephone Contact Information.
  • Home Address.
  • Email Address.
  • Payment Information.

In addition, information submitted to the Site via a “contact us” or other similar function on our Site may not necessarily receive a response. We will not use the information provided via these functions to contact you for marketing purposes unrelated to your request unless we disclose otherwise at the time you submit your request.

SW:S does not store or maintain any personal credit card information on file in our system, unless a guest, donor, or volunteer provides this information specifically for the purpose of a recurring gift. SW:S does not share information with third-parties, except as discussed below. You and our community of supporters always have the opportunity to opt-out of communications at any time by emailing info@songwritingwithsoldiers.org, or request that your personal information be updated, changed, or removed emailing info@songwritingwithsoldiers.org.

Non-Personal Information

We collect certain non-personal information about you. By “non-personal information,” we mean information about you that cannot be used, and is not stored, in a way that can identify you, such as IP addresses An IP address is a non-static identifier that allows us to know, in general terms, where its users are located. An IP address is not the same as a physical address, and is not the same as either your shipping address or your billing address. We use your IP address for internal purposes such as knowing which countries provide certain percentages of its users. We do not verify your IP address or connect it to your shipping or billing address. Your IP is not and cannot be used by us to identify you personally.

We may also collect and store non-personal information such as browser type, operating system, what you searched for, referring and exit pages, the dates and times of visits, and other Site usage behavior (“Site Visitation Data”). This information is collected by the Site and is provided in an anonymized form to our data analytics provider, which is Google Analytics (the “Data Analytics Provider”).]This information is used by us to track the engagement, general geographic origin, and headcount of its users. This information is combined together to provide general demographic information on the Site’s users. This information is not and cannot be used to identify you specifically. Site Visitation Data is used to administer the Site and provide general statistics regarding the use of the Site. We may also use Site Visitation Data to display advertising or send targeted email marketing messages you may find interesting and to suppress advertising that might not interest you.

Cookies

When you visit our Site we may store information about your web session and assign you one or more cookies. Your browser will store these cookies on your computer in a small text file, and if you return to the Site the cookie may be read and may give us information about your use of the Site. Cookies are not linked to your Personal Information.

We may also use web beacons, clear gif technology, or action tags as mechanisms to collect aggregate Site Visitation Data by tracking how users navigate to and through our Site. We may also use this technology to track the delivery of HTML email messages. Data collected through this mechanism is not linked to Personal Information.

Permanent cookie files remain on your computer’s hard drive until you delete them manually using your browser or operating system software. You can set your browser to refuse cookies, but doing so may disable access to some services and tools that we offer.

How SW:S Uses Your Information

We may use online Personal Information we collect about you on its own or combine it with other information we have about you to:

  • Create user accounts and/or profiles through registration.
  • Perform internal operations, such as tracking and improving the effectiveness of our website and marketing efforts.
  • Provide services and/or Site fulfillment, such as creating accounts, managing donations or volunteer activity, payments, and more.
  • Personalize user experiences, such as remembering your settings and preferences for things like language, font size, etc.
  • Provide user support.
  • Advertise and market our services.
  • Provide information to our representatives and/or advisors, such as our attorneys, accountants, and others to help us comply with legal, accounting, or security requirements.
  • Protect the rights, safety, and information of Site users, retreat visitors, clients of our services, and third parties, as well as our own. This includes fraud prevention, business or product recalls, prosecuting and defending a court arbitration or similar proceeding, and more.
  • Comply with legal requirements, such as in response to a subpoena or similar investigative demand.

How We Share Information We Collect

SW:S may disclose your Personal Information in the following instances:

To Our Agents. We may employ other companies and individuals to perform functions on our behalf. Examples of such functions include fulfilling donation or volunteer requests, processing facility (including cabin) reservations, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing technical support, providing marketing assistance, processing credit card payments, and providing customer service. We share our users’ Personal Information with these agents as we deem necessary for such third parties to perform their functions.

To Our Employees. Only authorized employees have access to your Personal Information.

To Our Advertisers. Please be aware that the information practices of third-party advertisers or platforms (if any) collecting data on our Site are not covered by this Privacy Policy. We do not sell, rent, or otherwise disclose your Personal Information to third parties for their marketing and advertising purposes without your express consent.

To Comply with Legal Process or Enforce our Rights. We may release your Personal Information when it is necessary to (a) conform to legal requirements or comply with legal process; (b) enforce or apply our terms of use and other agreements; (c) protect the rights, safety or property of SW:S, our affiliates, service providers, our users or the public; or (d) prevent a crime or protect national security (including exchanging information with other companies and organizations for fraud protection and credit risk reduction).

As Part of a Merger or Sale of Business. We may disclose your Personal Information in connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.

Other Disclosures. We may also disclose your Personal Information as otherwise set forth in this Privacy Policy, as permitted by law, or with your consent.

Children and Privacy

As a requirement to use our Site, you acknowledge that you have the appropriate consent(s) from any individual (or the parent of any child under the age of 18) to share their Personal Information with us. We do not knowingly collect any Personal Information from children under the age of eighteen (18). We will delete any Personal Information collected that we later determine to be from an individual younger than the age of eighteen (18).

Third Party Sites and Services

Our Site may contain links to third party websites, applications and services not operated by us. These links are provided as a service and do not imply any endorsement by SW:S of the activities or content of these sites, applications or services nor any association with their operators. Additionally, our Site may include social media features, such as the Facebook “Like” button, and widgets, such as the “Share This” button or interactive mini-programs that run on our Site. We are not responsible for the privacy policies or practices of any third party including websites or services directly linked to our Site. We encourage you to review the privacy policies of any third party site that you visit.

Security, Storage & Retention

Security

The security of your personal information is important to us. We follow generally accepted 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 one hundred percent secure and we cannot guarantee its absolute security. Please contact us if you have any questions about security on our site.

Storage

The Personal Information that you provide to us is generally stored on servers located in the United States or in our locked filing system. This can be verified by looking for a ‘key lock’ icon in the address bar at the bottom of our Donation page or visiting our headquarters offices in Nashville, TN. If you are located in another jurisdiction, you explicitly ACKNOWLEDGE AND CONSENT that once your Personal Information is submitted through our Site, it will be transferred to our servers in the United States and that the United States currently does not have uniform data protection laws in place. Further, the United States has not sought nor received a finding of “adequacy” from the European Union under Article 45 of the General Data Protection Regulation (“GDPR”) of the European Union. For residents of the European Union, we rely on derogations for specific situations as set forth in Article 49 of the GDPR. In particular, we collect and transfer to the U.S. Personal Information of European Union residents only: with your consent; to perform a contract with you; or to fulfill a compelling legitimate interest of ours in a manner that does not outweigh your rights and freedoms.

Retention

We will retain your information for as long as your account is active or as needed to provide you with our services. If you wish to cancel your account or request that we no longer use your information to provide you service, contact us at info@songwritingwithsoldiers.org. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

YOUR CALIFORNIA PRIVACY RIGHTS

To the extent the California Consumer Privacy Act (“CCPA”) or California Online Privacy Protection Act (“CalOPPA”) are applicable to us and to you, you may make a request by emailing info@songwritingwithsoldiers.org to access, modify or delete your personal information in our custody or control. We will respond to such requests within 45 days if we are able to verify that you are the consumer associated with such information, unless we must maintain it for reasons of legal compliance, completion of a transaction with you, data security, or for lawful internal use.

Under CalOPPA and the CCPA, we advise you that

  • We honor Do Not Track signals.
  • This Policy is effective as of the date stated above.
  • We will inform you of changes in this Policy by placing a notice on the first page of the policy describing such changes and the date on which they became effective.
  • We do not sell or otherwise provide your personal information to third parties except as disclosed in this Policy.
  • If you ask to access, modify or delete your personal information, we will verify your identity by the same means you provided when giving the information to us.
  • CalOPPA applies to any information we collect from any resident of California.

If you reside in California, and have a registered account with the Company, you have the right to request removal of unwanted information that you publicly post on the Website or that you submit to us. To request removal of such information, you can contact info@songwritingwithsoldiers.org.

NOTICE TO RESIDENTS OF THE EUROPEAN UNION AND THE UNITED KINGDOM

This notice is intended to provide you with information about how we collect, use, and distribute information that we collect from you. Nothing in this notice should be construed as amending, modifying, replacing, or otherwise affecting the terms and conditions of any transactions between you and us, except that to the extent any such terms and conditions are inconsistent with the General Data Privacy Regulations of the European Union and the equivalent rules of the United Kingdom and any other applicable jurisdiction (altogether, the “GDPR”) those terms and conditions are VOID.

Data Controller

For purposes of the GDPR, SW:S is your data controller. A data controller makes decisions regarding and is responsible for the collection, use, disclosure, retention and protection of your Personal Information in accordance with this privacy notice, as well as any applicable national laws. As your data controller, we may transfer data to our affiliates who agree to the obligations of this privacy notice. We may process and retain your personal information on our servers in the U.S. and elsewhere in the world where our data centers are located. If you have questions regarding your Personal Information, please contact us using the contact information set forth in the “Privacy Inquiries” section below.

Information Correction, Removal, and Opting Out

Correction & Removal

If at any time you wish to update, correct, or request removal of, your Personal Information at SW:S, please contact us via the email address or phone number provided on our website (www.songwritingwithsoldiers.org). Upon verification that the data in question is yours, we stand ready to:

  • Confirm what data we have, if any.
  • Change, correct, and/or delete any data we have about you.
  • Address any concerns about our use of your data.

THIRD PARTIES WITH WHOM WE MAY SHARE YOUR INFORMATION

Your donation and payment information is collected by our payment platform, in an encrypted form and may be passed on to one or more merchant services providers (each a “Merchant Services Provider”), for purposes of receiving payment of a donation or other payment between yourself and us. We do not collect payment information from you except to the extent that we forward your “DONATE” request directly to the Merchant Services Provider with neither the ability nor the intent to intercept or collect any such payment data. The Merchant Services Provider only receives information necessary to verify that any payments between yourself and us are authorized. The Merchant Services Provider will use encrypted tools to communicate with your bank, your credit card provider, PayPal, or whatever other account you use to donate or make payment to us. Your credit card information or other payment information is not retained by us except as provided below. We do not maintain records of your credit card number or other payment information. The Merchant Services Provider is the merchant of record of the Company. We will also receive information from our Merchant Services Provider such as the fact that a transaction or donation was placed, and the amount received. This information is “pseudonymous” within the meaning of the GDPR, meaning that we cannot identify a specific person by that information.]

Each Merchant Services Provider is a third party for purposes of the GDPR.

  • Instructions For Exercising Your Right To Instruct Us To Forget Your Information
    • The GDPR provides a generalized “right to be forgotten,” meaning that you have the right to instruct us to delete any and all information that we or any of the third parties collects about you. Please contact us at info@songwritingwithsoldiers.org in order to instruct us to forget any or all of the information that we, the Site, or any of the third parties collects about you.

DISCLAIMER

We reserve the right to edit or remove content from the Site as we deem necessary. We may change the terms of this agreement without prior notice. Your use of the Site or any of our products or services constitutes a continuing acceptance of this Privacy Policy.

Opting Out of Marketing Messages

Additionally, if you prefer not to receive marketing messages from us, please let us know by sending a message to us at info@songwritingwithsoldiers.org. Keep in mind that some communications (for example, important account notifications and billing information) are considered transactional and are necessary for all of our users. Nevertheless, to unsubscribe from marketing communications, please email us at info@songwritingwithsoldiers.org.

Privacy Inquiries

If you have any questions or concerns about this Privacy Policy or our privacy practices please contact us as follows: