The following terms and conditions, together with any documents they expressly incorporate by reference, including without limitation the Privacy Policy (collectively, these “Terms of Use”), govern your access to and use of www.foodbanknyc.org, including any content, functionality and services offered on or through www.foodbanknyc.org (the “Site”).

This Site is offered and available to users who are 13 years of age or older. By using this Site, you represent and warrant that you meet the foregoing eligibility requirement. If you do not meet this requirement, you must not access or use the Site.

The information presented on or through the Site is made available solely for general information purposes. We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

Food Bank uses the non-personally identifiable information (“General Information”) to improve the design and content of the Site, to diagnose and fix issues with the Site, to analyze Site usage, and to create services and/or products to fit consumers’ needs. Food Bank shares this General Information with Food Bank’s network of agencies, advertisers, charitable partners and/or other third party vendors. Food Bank shall own such General Information and maintain copies of such as part of its records indefinitely.

Except as otherwise indicated, Food Bank may use the personally identifiable information (“Personal Information”) that is provided by you: (a) to provide you with information, products or services that you request from us; (b) to fulfill any other purpose for which you provide it; (c) to respond to inquiries or questions about our services; (d) in any other way we may describe when you provide the information; (e) for internal marketing purposes; (f) to provide inquires with additional and updated information, materials and other advertisements regarding Food Bank’s services; (g) to offer only Food Bank related materials that may be of interest to consumers; (h) to cooperate with government officials or parties in litigation under process of law, or as otherwise required by law; (i) to protect the security or integrity of the Site; (j) to protect against a threat of safety or destruction of property; (k) to protect against legal liability; and/or (l) for any other purpose with your consent. In all cases, however, Food Bank agents, employees, and contractors who have access to Personal Information are required to protect this information in a manner that is consistent with this Privacy Policy. Food Bank will not use the Personal Information, except as set forth herein, without your express authorized permission; provided, however, Food Bank shall own all such Personal Information and maintain copies of such as part of its records indefinitely.

We may disclose personal information that we collect or you provide as described in this Privacy Policy:

To contractors, service providers and other third parties we use to support our business (for example, processing credit card transactions) 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.
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 Food Bank’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by Food Bank about our Site users, donors, or clients is among the assets transferred.
To third-party charitable organizations that may be interested in providing you with information or services.
To fulfill the purpose for which you provide it.
For any other purpose disclosed by us when you provide the information.
To our subsidiaries and affiliates.
With your consent.

If you do not wish to grant Food Bank the right to use your Personal Information for future marketing communications with Food Bank and/or share your Personal Information with other third-party charitable organizations for marketing purposes, please notify Food Bank in the manner identified in the “Opt-Out” section below. Notwithstanding the foregoing, Food Bank may be required to use your Personal Information to cooperate with government officials or parties in litigation under process of law, or as otherwise required by law and/or to protect against legal liability.

All above categories exclude originator opt-in data and consent; this information will not be shared with any third-parties.” The word “originator” is an industry term for a short code.

In the event you do not wish to receive any further promotional information from Food Bank, or allow Food Bank to use the Personal Information for the marketing or promotional purposes set forth in the “Collection of Information” and “Use and Sharing of Information” sections above, you can notify Food Bank directly at online@foodbanknyc.org or at 212.566.7855. If you are making an electronic donation and wish to opt-out of such release, simply click on the “Opt-Out” box contained on the donation form. Upon receipt of your request to opt-out, Food Bank will remove your information from any future marketing communication lists and no longer share your information with third party charitable organizations for promotional purposes. Please note that the limitations on Food Bank’s use of Personal Information and General Information as set forth above do not apply in the event of a transfer of Food Bank’s assets, and General Information and Personal Information owned or in the possession of Food Bank may be transferred, distributed, or sold as part of Food Bank or its assets, except as prohibited by law.

If we have sent you a promotional email, you may send us a return email to the address specified in the email asking to be omitted from future promotional email distributions. This opt-out does not apply to transactional emails regarding your donation or updates to our policies.

Upon request, we will provide you with the information we maintain about you so that you may request corrections. This information will be sent via email unless otherwise indicated. Please contact us by email at online@foodbanknyc.org or in writing at:

Food Bank for New York City
ATTN: Communications
39 Broadway
New York, NY 10006

To protect your privacy and security, we will take reasonable steps to verify your identity before providing information or making corrections.

As part of our service work with clients we may collect Personal Information and other sensitive information of clients. This information is provided voluntarily as part of receiving the services. If we collect this information offline, our use and disclosure of such information shall be subject to a separate consent form.  We only collect and use this information in accordance with this Privacy Policy or as set forth in the applicable consent form for the client. To the extent that there is any conflict between the terms of an applicable consent form and this privacy policy, the terms of the applicable consent form will control with respect to the information covered by the consent form. Food Bank will use reasonable security measures, such as those set forth in this Privacy Policy, to protect such information.

A “Cookie” is a very small text file placed on your hard drive by a webpage server that enables a web server to identify users that visit a site hosted by that server. It is uniquely yours and can only be read by the server that gave it to you. Food Bank may use tracking tools, including without limitation Cookies, in order to identify you when you revisit our Site so that Food Bank can provide more customized information to you and better understand your behaviors and browsing activities. In addition, our Site may contain advertisements that may contain Cookies, or contain links to other Web sites that contain Cookies. We may might permit third parties to gather information passively on our Sites, including for behavioral advertising purposes. You can control many tracking tools. In particular, your browser gives you the ability to delete or reject Cookies and you can opt out of some online behavioral advertising by going to www.aboutads.info/choices.

Additionally, some browsers have a ‘do not track’ feature that lets you tell websites that you do not want to have your online activities tracked. These features are not yet uniform, so we are currently not set up to respond to those signals. If you block or delete cookies, please be aware that not all of the tracking described in this policy will stop. Please note that if you block Cookies, certain features on out Site may not work.

Food Bank does not engage in the collection of personally identifiable information over time and across third-party websites.

We work with a variety of third-party vendors who help us process data, facilitate the operation of the Food Bank website, accept online orders for merchandise and deliver messages to you on other platforms. For example, outside vendors may help us analyze traffic on our site, process credit card transactions, accept apparel orders or facilitate activities such as the collection and delivery of petition signatures. To the extent that any vendor has access to personally identifiable data about you, by virtue of the fact that it participates in the operation of the Food Bank website, we require that vendor to complete a non-disclosure agreement and allow us to use a payment card industry (PCI) complaint payment processor. The signed non-disclosure agreement promises that the third-party vendor will keep your data confidential and use it only for the purpose of carrying out the functions we have engaged it to perform. That is true both as to passively collected data and as to voluntarily submitted data, and also as to data from any cookie or other tracking device. There are two exceptions to this rule:

Our online store is powered by Shopify and fulfillment is managed by Printful. The following personal information is collected:

Name
Address
E-mail address
Phone number
Credit/Debit Card Information

This information is collected by Shopify and Printful when orders are placed. Food Bank does not share this information with outside parties. Food Bank uses e-mail addresses to communicate with donors about their merchandise order and other Food Bank For New York City offers. Such email addresses are not used for any other purpose and are not shared with outside parties. Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt out or otherwise prohibit such unrelated uses.

Food Bank has implemented security measures to help protect against the risk of loss, misuse and alteration of General Information or Personal Information under Food Bank’s control. Food Bank protects your online donation information by using Secure Sockets Layer (“SSL”) technology, which works by encrypting the information provided by consumers making a donation. Nevertheless, such security measures may not prevent all loss, misuse or alteration of information on the Site, and Food Bank is not responsible for any damages or liabilities relating to any such security failures. By using this Site, you understand that there is a risk that data and communications, including email and other electronic communications, may be accessed by unauthorized third parties when communicated over the Internet. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

Food Bank may change this Privacy Policy at any time by posting the changed or amended Privacy Policy on the Site. Your continued viewing of or use of this Site following the posting of any changes to this Privacy Policy will indicate your assent to any such changes or amendments.

Under California law, a California resident with whom Food Bank has an established relationship has the right to request certain information with respect to the types of personal information Food Bank has shared with third parties for their direct marketing purposes (if any), and the identities of those third parties, within the immediately preceding calendar year, subject to certain exceptions. In response to a written request, Food Bank is allowed to provide a cost-free means to opt-out of such sharing. All requests for such information must be in writing and sent to:

Food Bank for New York City
ATTN: Communications
39 Broadway
New York, NY 10006

Posted: September 11, 2014

The text and images on Food Bank Site are for the personal, not-for-profit use of the public. Any use of such information must name “Food Bank For New York City” as the original source for the material. All content, data, logos and trademarks (collectively, the “Intellectual Property”), are subject to the copyright and/or trademark laws of the United States and, except where noted otherwise, are the exclusive property of Food Bank. Commercial use, electronic re-publication, or print publication of text, logos, or images is strictly prohibited without prior written permission from Food Bank. To request written permission to reprint or reproduce any content from this site, please contact us at online@foodbanknyc.org, or call 718.991.4300.

Food Bank respects the intellectual property of others. If you believe that our Site infringes your intellectual property, please contact us at: online@foodbanknyc.org or call 718.991.4300.

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:
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).
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.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” or “spam” or any other similar solicitation.
To impersonate or attempt to impersonate Food Bank, a Food Bank employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the Site or users of the Site or expose them to liability.

Additionally, you agree not to:
Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Site.

All information we collect on this Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

THE CONTENT, SERVICES, INFORMATION AND ACCESS TO THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND NON-INFRINGEMENT. FOOD BANK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE IN TERMS OF ITS QUALITY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FOOD BANK DOES NOT WARRANT THAT ANY PART OF THE SITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT TRANSMISSION TO OR FROM THE SITE AND ACCESS TO THE SITE WILL BE UNINTERRUPTED, CONTINUOUS OR ERROR-FREE. IN NO EVENT SHALL FOOD BANK, ITS EMPLOYEES, AGENTS OR RELATED ENTITIES, OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THESE PAGES, BE LIABLE FOR ANY DIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THIS SITE, OR ANY LINKED SITE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

You shall indemnify, defend and hold harmless Food Bank and its sponsors, business affiliates, subsidiaries, affiliates, officers, directors, employees, attorneys and agents, from and against any and all damages, claims and actions brought by you or any third party resulting from your use of the Site in violation of these Terms or the infringement by you of any Intellectual Property rights of any person or entity.

IN NO EVENT WILL FOOD BANK BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION OR FOR ANY CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Food Bank, in its sole discretion, reserves the right to update, revise, supplement and to otherwise modify these Terms of Use, and to impose new or additional terms and conditions on your use of the Site from time to time. Such updates, revisions, supplements, modifications and additional rules, polices, terms and conditions (collectively referred to in these Terms of Use as “Additional Terms”) will be effective immediately and incorporated into these Terms of Use upon notice thereof, which may be given by any reasonable means, including by posting to the Site. Your continued viewing or use of the Site following such notice will be deemed to conclusively indicate your acceptance of any and all such Additional Terms.

Food Bank is not responsible for the contents of any linked website that may be contained on our Sites, or any link contained in a linked website, or any changes or updates to such websites. The inclusion of any link does not imply endorsement by Food Bank of that website and is provided only for informational purposes.

Food Bank’s failure to enforce strict performance of any provision of these Terms of Use will not constitute a waiver of Food Bank’s right to subsequently enforce such a provision or any other provision of this Agreement, nor will any delay or omission on the part of Food Bank to exercise or take advantage of any right or remedy that Food Bank has or may have hereunder, operate as a waiver of any right or remedy.

In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be invalid or unenforceable, the remaining portion hereof shall remain in full force and effect and such a provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and shall be reformed to the extent necessary to make such provisions valid and enforceable.

This Site (excluding linked sites) is controlled by Food Bank which is headquartered in the State of New York, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of New York, by accessing this Site both you and Food Bank agree that the statutes and laws of the State of New York, without regard to conflicts of laws principles thereof, will apply to all matters arising from or relating to use of this Site or the information contained herein. You and Food Bank also agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts located within New York County, New York with respect to such matters, and waive any jurisdictional or venue defenses otherwise available. Food Bank makes no representation that materials on the Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws. If you are located anywhere outside of the United States, please be aware that information we collect, including personal information, will be transferred to, processed, and stored in the United States. By using the Site or providing us with any information, you consent to the transfer, processing, and storage of your information in the United States.

Last Updated: September 11, 2014

All participants and managers of the CookShop for Teens: EATWISE social media channels will adhere to the following guidelines, in addition to the guidelines outlined in the Food Bank’s Use Policy when posting content (audio-visual files, images and text) to the EATWISE Tumblr and EATWISE Twitter accounts. CookShop for Teens: EATWISE is an official program of the Food Bank For New York City.

In the spirit of positive collaboration, the Food Bank For New York City and EATWISE strive to maintain a safe and open forum encouraging open dialogue. Food Bank For New York City and EATWISE will monitor this page during normal business hours (9:00am – 4:30pm, Monday – Friday) and strive to promote effective communication and maintain a respectful dialogue with posts that are constructive and suitable for all readers and respecting the wide range of opinions and points of view in the world.

This institution is an equal opportunity provider and employer. This material was funded by USDA’s Food Stamp Program (SNAP).

Those that wish to participate and engage on the EATWISE accounts must adhere to the following rules and expectations:

• Content must be civil and may not contain slanderous, libelous, malicious, offensive, threatening, profane, or insulting language.
• References to the personality of individuals or personal attacks will not be permitted.
• Advertising, promotional announcements, or sales pitches are not permitted.
• Content must be relevant to the EATWISE program.
• Content cannot include personal information, such as an address, phone number, social security number or other sensitive information and should not link to the personal website of a minor under the age of 18 or explicitly direct visits to a personal social media account of a minor under the age of 18.
• Links to other web sites or pages contained in comments or posts must lead to content that is relevant to the EATWISE program.
• Participants are responsible only for the content they post.
• Participants may not send harassing messages to other participants on the EATWISE accounts. Participants are encouraged to report harassing messages to Twitter or Tumblr directly or to eatwise@foodbanknyc.org.
• Content should not be explicit or illegal and must not infringe on the intellectual property rights of content producers by posting content without receiving the prior, written consent of the author. Content should not include images of branded materials, such as packaging that displays trademarked logos or product names.
• Content by external parties on the EATWISE Twitter and Tumblr accounts are not official public testimony concerning any project or program. An opinion expressed on the EATWISE Twitter and Tumblr accounts is posted for discussion only and is not a substitute for official communication from the Food Bank For New York City.
• All participants and site managers are subject to the site’s Terms of Service (TOS).

Food Bank For New York City engages supporters through many digital outlets, including foodbanknyc.org. Communicating with the Food Bank through social media further enables supporters to engage on another impactful level.

Please be aware that when engaging with the Food Bank For New York City over social media, you are agreeing to the following:

Commenting or Posting on a Food Bank For New York City social media account
Food Bank For New York City shares information, images and video with the public through external social media websites. Comments or posts made by the public to these sites are reviewed by designated Food Bank staff and, while comments or posts will not be edited by the Food Bank For New York City, the Food Bank reserves the right to maintain a positive environment and will delete content and block individuals from individual channels if they do not follow the guidelines outlined below:

1. The use of obscene, threatening or harassing language is prohibited.
2. Comments or posts will be deleted if they appear to be off topic to the conversation or subject addressed in the original post.
3. Personal attacks of any kind or offensive comments or posts that target or disparage any ethnic, racial, age, or religious group, gender, sexual orientation or disability status are prohibited.
4. Comments or posts must not be clearly commercial in nature.
5. Spam or system glitches will be deleted.
6. Defamatory or libelous comments or posts are prohibited.
7. Comments or posts advocating illegal activity or posting of material that violates copyrights or trademarks of others are prohibited.

• You are subject to the Terms of Service (TOS) of the host site. Content (audio-visual files, images and text) you share with or post to official Food Bank For New York City pages is also subject to the TOS of the host site and may be used by the owners of the host site for their own purposes. For more information, consult the host website’s TOS.

User-Created Content
Users are welcome to submit or post content, including photographs and videos, to an official Food Bank For New York City site provided the content meets the standards articulated in this Use Policy and pertains to the subject of the social media site. Users may only post their own, original content. Reproduced or borrowed content that reasonably appears to violate third party rights will be deleted.

Recourse
When the Food Bank For New York City identifies content for deletion, the first step will be to delete the post or comment. If the poster continues to post content flagged by the Food Bank For New York City, Food Bank staff will contact the poster, outlining why their post was deleted and inform them that continued posting of the content described above will result in the poster being blocked from the community.

Reporting
Should a user notice a violation of these guidelines and policies, they should inform Food Bank For New York City staff at 212.566.7855 or e-news@foodbanknyc.org. Reported violations will be reviewed by Food Bank For New York City staff and appropriate action will be taken based on this review.

Questions or Concerns
Questions or concerns regarding Food Bank For New York City’s social media activity and policy and/or this Use Policy should be submitted to Dana Bryant, Director of Marketing & Communications, at dbryant@foodbanknyc.org.

Amendment or Modification
This Use Policy is subject to amendment or modification at any time.

1. There is no fee from Food Bank for New York City to receive text messages. Message and data rates may apply–this can be checked with your mobile service provider. Charges are billed and payable to your mobile service provider or deducted from your prepaid account. Consent is not a requirement for purchase.
2. Data obtained from you in connection with this SMS service may include your mobile phone number, your carrier’s name and the date, time and content of your messages. We may use this information to contact you and provide the services you request from us. Alerts sent via SMS may not be delivered if the mobile phone is not in range of a transmission site, or if sufficient network capacity is not available at a particular time. Even within a coverage area, factors beyond the control of the wireless operator may interfere with message delivery, including the customer’s equipment, terrain, proximity to buildings, foliage, and weather. Wireless operators do not guarantee message delivery and will not be held liable for delayed or undelivered messages.
3. We will not be liable for any delays in the receipt of any SMS message as delivery is subject to effective transmission from your network operator.
4. By subscribing to Food Bank for New York City mobile alerts, the user consents to receive automated text messages to help in our efforts to fight hunger and food insecurity. Recurring messages. Message & data rates may apply. If you have any questions, text HELP to the number you received a text message from or contact us at advocacy@foodbanknyc.org. To stop receiving messages reply STOP.