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Privacy and Terms of Use

Privacy

This Privacy Statement (“Statement”) discloses how the William and Flora Hewlett Foundation (the “Hewlett Foundation,”) collects, uses, and shares information from and about you when you interact with our website at [https://www.cybervisuals.org/] or communicate with us in ways related to your use of our website (collectively, the “Site”).  Please read this Statement carefully.

Applicability: This Statement does not apply to: (1) the Foundation’s data practices unrelated to the Site; (2) third-party websites or online services that we may link to (which have their own privacy practices and policies that we do not control and are not responsible for); or (3) job applicants or the Foundation’s employees.

Whenever you provide information on behalf of another individual or entity, you represent that you have the authority to do so.  You shall have sole responsibility for any violation of privacy laws as a result of a failure to obtain any necessary consent from such individual/entity.

Changes: The Foundation may update this Statement from time to time, which we will communicate by posting an updated version on the Site.  Please check this Statement periodically for updates.

What Information Do We Collect?

Sources of Personal Data:

We collect information about you in several ways, including:

  • Information you provide to us directly. We collect the information you provide to us directly, such as when you provide information through our contact form, sign up for email updates, post comments on our blog, or “share your story” about how you use our Site.
  • Information collected or inferred from your use of the Site. We automatically collect information about the Site and how you use it, such as IP address, browser information, and browsing information.
  • Information collected about you from third party sources. We collect information about the Site and how visitors use it from third party analytics providers, such as Google analytics.

We may combine information that we receive from the various sources described in this Privacy Statement, including third party sources, and use or disclose it for the purposes identified below.

Information We Collect:

The types of information that the Foundation collects about you include:

  • Contact information, such as your first name, last name, e-mail address, work contact information, organization name, job title, and areas of interest.
  • Information you supply when you contact us, sign up for email updates, comment on our blog, or “share your story” about how you use our Site.
  • Technical information gathered when you interact with the Site, such as your IP address, browser information, device type, duration of browsing session, browsing history and information regarding your interactions with and use of the Site.
  • Inferences drawn from any of the information we collect to create a profile about you reflecting your preferences or characteristics.

How Do We Use Your Information?

We may use your information in a number of ways, including:

  • To provide the Site, and to communicate with you, such as to enable you to download photographs from the Site; to communicate with you about the Foundation or the Site; to send you newsletters; to share stories about how individuals use our Site; and to respond to your requests, complaints, and inquiries.
  • For our own internal purposes, such as to evaluate or audit the usage and performance and safety of our Site; host the Site; evaluate and improve the quality of our Site and design new ones; diagnose, repair, and track quality and service issues with the Site; install and configure changes to the Site; customize the Site; conduct internal research; or maintain internal Foundation records.
  • For legal, safety, or security reasons, such as to comply with legal requirements; protect the safety, property or rights of the Foundation, its users or other third parties; and detect, prevent, and respond to security incidents or other malicious, deceptive, fraudulent, or illegal activity.
  • For marketing such as to market our products or services or those of our affiliates, business partners, or other third parties. We may use Personal Information we collect to send you newsletters, surveys, questionnaires, promotions, or information about events or webinars. You can unsubscribe to our email marketing via the link in the email.
  • In an anonymous or aggregated format.  We may also use your information in an anonymized or aggregate manner for any purpose.

With Whom Do We Share Your Information?

We may share your information with other entities, including the categories of recipients described below:

  • Third party service providers: We may share your information with third party service providers working on behalf of the Foundation, such as IT providers and analytics companies, in order to process and manage your use of the Site, your requests, or to support our relationship with you
  • To share information about how you use the Site: If you post comments on our blog or “share your story” about how you use the Site, that information will be made publicly available on our site.  Please do not share any information you do not want to be made public.
  • For legal, security and safety purposes: We may share your information with third parties such as law enforcement or other government agencies to comply with the law or legal requirements; to enforce or apply our Terms of Use and other agreements; and to protect our rights and the property or safety of the Foundation, our Site visitors, or third parties.

We may also share information that has been anonymized or aggregated with third parties for any purpose permitted by law.

Cookies and Other Tracking Technologies

The Site also collects information, via cookies, web beacons, pixels, tags or other tracking technologies, such as your Internet Service Provider and IP address, the date and time you access the Site, the pages you have accessed while visiting the Site, and the Internet address from which you accessed the Site. Some cookies exist only during a single session and some are persistent over multiple sessions over time. We may use these technologies to remember visitor preferences, maximize the performance of our Site, provide you with offers that may be of interest to you, measure the effectiveness of our email campaigns and to personalize online content. These cookies and other technologies may be used to track individuals across different devices.

Some browsers have incorporated Do Not Track (“DNT”) preferences. Most of these features, when turned on, send signals to the website you are visiting that you do not wish to have information about your online searching and browsing activities collected and used. As there is not yet a common agreement about how to interpret DNT signals, we do not honor DNT signals from website browsers at this time. However, you may refuse or delete cookies.  If you refuse or delete cookies, some of our Site functionality may be impaired. If you change computers, devices, or browsers, or use multiple computers, devices, or browsers, and delete your cookies, you may need to repeat this process for each computer, device, or browser.  Please refer to your browser’s Help instructions to learn more about how to manage cookies and the use of other tracking technologies.

Data Security and Retention

While the Foundation takes the issue of protecting your information seriously, you should exercise discretion in what information you disclose and/or transmit through the Services. The Foundation cannot guarantee that information sent over the Internet, including via email, is fully secure.  The Foundation is not responsible for the security of information sent over the Internet.

Children’s Privacy

The Site is intended for individuals 18 years of age and older.  The Site is not directed at, nor intended for, children under 18 years of age.  The Foundation does not knowingly collect any information, including Personal Data, from children under 18 years of age.  If you believe that we have inadvertently collected Personal Data from a child under the age of 18, please contact us at the address below, and we will take immediate steps to delete the information.

External Links

The Site may contain links to external sites or other online services, including those embedded in third party advertisements or sponsor information, that are not controlled by the Foundation.  The Foundation is not responsible for the privacy practices and data collection policies for such third party services.  You should consult the privacy statements of those third party services for details.

Contact Info/Your Choices

If you have questions regarding this Statement, please contact the Foundation at cybervisuals@hewlett.org.

To opt-out of receiving promotional email messages from us, please click on the “Unsubscribe” link contained at the bottom of each email or by contacting us using the information above.

 

TERMS AND CONDITIONS OF USE

 

The William and Flora Hewlett Foundation’s Web Site Terms and Conditions of Use (“Terms”) govern your use of this website of [insert address] (“Site”).

By accessing, visiting, or otherwise using the Site, you agree to be bound by the Terms.  We reserve the right to modify or amend these terms from time to time without notice. Your continued use of the Site following the posting of changes to these terms of use will mean you accept those changes.

Use of the Site

You must be eighteen (18) years of age or older at the time of your use of this Site.

While the William and Flora Hewlett Foundation (“the Hewlett Foundation”) is committed to taking reasonable steps to providing a safe and positive experience to all users on the Site, we need you to follow a few basic rules when you’re here.  When using our Site, you must comply with all applicable laws, including federal, state, and local laws, the laws of your jurisdiction, and laws regarding the transmission of technical data.  You also agree not to:

  • Display, send, receive, or store obscene or inappropriate content.
  • Threaten, harass, stalk, defame, or defraud any person or entity.
  • Violate copyright, trademark, or other intellectual property laws.
  • Attempt to collect, store, or publish personally identifiable information (a) without the owner’s knowledge and consent or (b) of a minor under the age of thirteen (13) in any circumstance.
  • Distribute unwanted, unsolicited, or harassing mass email or other messages, promotions, advertising, or solicitations (“spam”).
  • Send deceptive or false source-identifying information, including “spoofing” or “phishing.”
  • Access or use any application, system, service, tool, data, account, network, or content without authorization or for unintended purposes.
  • Disable, disrupt, circumvent, interfere with, or otherwise violate the security of the Site.
  • Attack, abuse, interfere with, intercept, disrupt, or exploit any users, systems, or services, regardless of how accomplished and notwithstanding anything to the contrary in these Terms, including but not limited to Denial of Service , monitoring, crawling, spamming, using bots or scripts, or distributing malware (such as viruses, Trojan horses, worms, spyware, or adware).
  • Authorize, permit, enable, induce, or encourage any third party to do any of the above.

If you violate these Terms, your access to the Site may be terminated immediately and without notice.  In other words, be respectful and use the Site for its intended purpose — to review and access visuals of others for license, depicting cybersecurity principles.

Privacy

Our Privacy Statement, including our Cookie Policy, describes how we seek to take reasonable steps to protect your privacy and handle your personal information when using the Site. By using the Site, you agree that the Hewlett Foundation can use such information in accordance with this policy.

Site Content

The Hewlett Foundation and its licensors retain all rights in the content of the site.  The licensable visuals on the Site can be used only consistent with and in strict accordance with a Creative Commons Attribution 4.0 license [insert link].  No other content on the Site can be used without prior permission in writing from the Hewlett Foundation.

No trademarks on this site may be used without the prior written consent of the Foundation or any other owner any mark used on the Site.

Any User Content

All User Content you may voluntarily provide in connection with this Site to the Hewlett Foundation is considered non-confidential and public. Please do not submit any confidential, proprietary or private information to the Foundation.

If you provide the Foundation with any feedback or ideas, you authorize the Foundation to use your feedback for any purpose, without any restriction or limitation.

The Digital Millennium Copyright Act (“DMCA”)

If you believe that your copyright or other rights have been infringed by or through any content on the Site, please provide our Designated Agent written notice with the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other interest
  • A description of the copyrighted work or other work that you claim has been infringed
  • A description of where the material that you claim is infringing is located on our sites, networks or other repositories
  • Your address, telephone number, and email address
  • A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf

Our Designated Agent for claims of copyright infringement is:

Elizabeth H. Peters

The William & Flora Hewlett Foundation

2121 Sand Hill Road

Menlo Park, CA  94025

Phone: 650-234-4787

Email: epeters [at] hewlett.org

 

The Hewlett Foundation will promptly respond to your proper DMCA notice as outlined above.  If the disputed materials were posted by a third party identifiable through our reasonable efforts, the Hewlett Foundation will try to provide notice to the third party of the claim. If the third party responds, we will provide you with a copy so that you may take any other steps you may consider appropriate.

If we become aware that a user is a repeat copyright infringer, the Hewlett Foundation will take reasonable steps within our power to terminate that user.

PLEASE NOTE THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND/OR CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

Disclaimers and Limitations of Liability

Except as specifically set forth above and on the Site, nothing in these Terms confers, by implication, estoppel, or otherwise, any license or right under any trade secret, patent, trademark, copyright, or other intellectual property right of the Hewlett Foundation or any third party. All rights not expressly licensed are reserved.

Although we have attempted to provide accurate information on the Site, we assume no responsibility for the accuracy of any information on the Site.

We do not endorse or assume responsibility for user conduct or what users submit to the Site. Nothing in these Terms requires us to monitor the Site or to modify or remove any materials or information.

The Site may contain links to third party sites. We provide these links merely as a convenience and the inclusion of such links does not imply any endorsement of their content. Access to any other site linked to this Site is at your own risk and we are not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on such sites.

We may change the services offered or described on the Site any time without notice. The Site and all information on the Site are subject to applicable federal, state, and local laws.

THIS SITE IS PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE EXTENT PERMITTED BY LAW, THE HEWLETT FOUNDATION DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, OR THAT ARISE FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE HEWLETT FOUNDATION, ANY OF ITS OFFICERS, TRUSTEES, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS, AND ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS SITE, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, OR LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY RELATED SERVICES OR CONTENT ON THE SITE, OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED ON THE SITE, EVEN IF THE HEWLETT FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE HEWLETT FOUNDATION DOES NOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE OR ANY RELATED SERVICES OR CONTENT ON THE SITE.

ALL USE OF THIS SITE IS AT YOUR OWN RISK.

The Hewlett Foundation does not assume any responsibility for, and will not be liable for, any damages to, or any viruses that may infect your computer, telecommunication equipment or other property caused by or arising from your access to, use of, or browsing this Website, or your downloading of any information or materials from the Site. Further, the Hewlett Foundation does not guarantee continuous, uninterrupted or secure access to the Site, and operation of the Site may be interfered with by numerous factors outside of the Hewlett Foundation’s control.

Indemnity

You agree to defend, indemnify, and hold the Hewlett Foundation harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (a) the use of the Site or the Internet or your placement or transmission of any message or information on the Site by you or your authorized users; (b) your violation of any of these terms and conditions, including without limitation, your breach of any representations and warranties herein; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; or (d) your violation of any law, rule or regulation of the United States or any other country.

About the Terms

We reserve the right to change these Terms from time to time at our sole discretion. Please check this page periodically for any updates.

These Terms are governed by the laws of the State of California, U.S.A., excluding any conflict of laws rules or principles.  If there is any dispute relating to the Site or these Terms, you and the Hewlett Foundation agree to exclusive personal jurisdiction and venue in the applicable state and federal courts of San Mateo County, State of California, U.S.A.

If any provision of these Terms is found to be invalid or unenforceable, that provision will be struck and the remaining provisions will remain in full effect.

If you or others violate these Terms and the Hewlett Foundation takes no immediate action, this in no way limits or waives our rights, such as our right to take action in the future or in similar situations.

These terms are effective as of October 1, 2020.

 

The William & Flora Hewlett Foundation

2121 Sand Hill Road

Menlo Park, CA  94025