Terms of Service
Effective Date: November 14, 2017
The Percent Pledge Foundation and Percent Pledge Labs, LLC (together, “Percent Pledge” “we” or “us”) cares about your privacy and the security of the information that you submit through the Percent Pledge website (www.percentpledge.org, the “Site”).
Information We Collect
We collect Personal Information and Usage Data through the Site.
“Personal Information” is information that can be used to identify you, such as your name, email address, phone number, company name, and zip code. We collect your Personal Information when you register for an account, make a donation through the Site, sign up for a newsletter or survey, or otherwise contact us. You must provide us your Personal Information to make a donation through the Site.
“Usage Data” is information that we automatically collect about how you use the Site, but that alone cannot be used to identify you. Examples of Usage Data include your IP address, browser type, device type, and pages you visited. Tracking technologies, like cookies and web beacons, help us collect this Usage Data. To learn more about cookies and how to control them, please review the section on Data Collection Technologies.
We also may collect Personal Information about your friends and other personal contacts when you share information about the Site or the donations you make. If you provide us with someone else’s Personal Information, please make sure that person has agreed that we can receive their Personal Information from you.
When you make a donation on the Site, Percent Pledge does not collect or maintain your financial account, credit card or debit card information. We fully outsource our credit card and payment processing to reputable third parties that comply with the Payment Card Industry Data Security Standards.
How We Use Your Information
We use the Information we collect through the Site for a number of purposes, including to:
- Register and administer your account;
- Help you calculate a percentage of your salary to donate to the causes you care about the most (“Cause Portfolios”);
- Process your donations and re-grant them to the charities in our Cause Portfolios;
- Provide you with information, feedback, and other promotional communications about Percent Pledge and the charities in your Cause Portfolios so that you can see your impact firsthand;
- Track your giving and provide you with a report when it is time to file your taxes;
- Providing you with information on how others are using the Site, such as testimonials from users about why they made a pledge and aggregated statistics about people whom you refer to Percent Pledge;
- Personalize the look and feel of the Site and our communications with you;
- Aggregate your information with other users of the Site to allow the charities in our Cause Portfolios to track their donations (in an anonymous form), understand the demographics of their donor base, and assess the effectiveness of their content;
- Allow employers to review, in aggregate, their employees’ participation and donations to the Site;
- Provide important service update or administrative emails regarding Percent Pledge and the Site; and
- Improving the services we offer by, for example, asking that you complete one of our surveys.
With your permission, we may use your Personal Information to create testimonials and give you special acknowledgements about your donations. These special acknowledgements may be published on our website or featured in a newsletter.
How We Share Your Information
We may share your Personal Information as disclosed to you at the time we collect it and for the following purposes:
- At your Direction: We will share your Personal Information with any third party with whom you direct us to share it. For example, if you opt in to receiving information directly from a charity in our Cause Portfolios, then we will share your name and email address with that charity so it may contact you directly.
- Service Providers: We may provide your Personal Information to our services providers that help us run and manage our business, such as technology service providers, analytics providers and our credit card processors.
- As Required By Law: We may disclose your Personal Information as required by law, such as to comply with a subpoena or similar legal process. Additionally, we may disclose Personal Information when we believe that disclosure is necessary to protect the safety and security of our property or the property or others. We may also disclose Personal Information in order to protect our rights, such as to investigate fraud or respond to a government request.
- Corporate Transaction: In the event Percent Pledge is involved in a merger, reorganization, acquisition or sale of all or a portion of its assets, or other corporate transaction, we may disclose your Personal Information as part of that transaction.
We do not share your Personal Information with third parties for their own marketing purposes, nor do we provide any of your Personal Information to the charities in our Cause Portfolios unless you direct us to.
We reserve the right to share aggregated or anonymized Personal Information with third parties for any lawful purpose.
Data Collection Technologies
You can control cookies by changing your browser preferences to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies you may not be able to use all portions or all functionality of the Site. To find more information about cookies, visit www.allaboutcookies.org.
Do Not Track Signals: Some web browsers have “Do Not Track” or similar features that allow you to tell each website you visit that you do not want your activities on that website tracked. At present, the Site does not respond to “Do Not Track” signals and consequently, the Site will continue to collect information about you even if your browser’s “Do Not Track” feature is activated.
Protecting your information is important to us. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we are committed to protecting your information, we cannot ensure or warrant the security of the information you transmit to us through the Site.
Note to International Visitors
The information we collect about you on the Site is stored on servers located in the United States. The laws of the United States may differ from the laws in your home country. By using this Site, you consent to the processing of your Personal Information consistent with this Policy and the transfer of your Personal Information to the United States.
This Site is not intended for or directed to children under 13, and we do not knowingly collect information directly from children. If we become aware that we have collected information from a child under 13, we will immediately delete such information.
Third Party Links
The Site may contain links to other websites not owned or operated by Percent Pledge, including, those of our charity partners, news media, other third parties. We are not responsible for the information collection practices or the content of these third party websites, and we encourage you to review the privacy policies of any third party website prior to providing them with your Personal Information.
Access and Choice
You may access and modify the Personal Information we maintain about you by contacting us using the contact information below. We will respond to your inquiry within a reasonable timeframe.
Changes to the Policy
The Effective Date of the Policy is at the top of this page. As Percent Pledge grows and we add new features, we may amend or supplement this Policy. If any modifications materially change your rights, we will notify you of these changes either by posting notice on the Site or by emailing you at the email address we have on file. Your continued use of the Site the effective date of any changes constitutes your acceptance of the amended Terms. The amended Policy supersedes all previous versions of or agreements, notices or statements about the Policy.
If you have any questions or comments about this Policy or our privacy practice, please contact us at:
Percent Pledge Foundation
5757 W. Century Blvd., Suite 410
Los Angeles, CA 90045
Effective Date: November 14, 2017
- Donations you make through Percent Pledge will be distributed among certain charitable causes selected by you. We collect a 5% service charge on each donation you make, as described below. Because we promptly distribute your donations, we regret that we can only refund a donation in exceptional circumstance, as described below.
- Limit our liability to you and require you to resolve any dispute with us through final and binding arbitration – on an individual basis and not part of any class or representative action.
Please read the entirety of these Terms carefully because they constitute a legal agreement between Percent Pledge and you. By accessing and using the Site, you agree that: (1) You have read and understand these Terms; (2) You will comply with these Terms; and (3) You are at least the age of legal majority in your place of residence and otherwise legally competent to enter into contracts. If you do not wish to be bound by these Terms, do not continue to use or access the Site.
About our Cause Portfolios
The Site allows you to make donations to one or more portfolios that are composed of charities that support the causes you care about the most (“Cause Portfolios”). Every charity within the Cause Portfolios featured by Percent Pledge authorizes us to collect donations on its behalf. The Cause Portfolios are listed on the Site at our discretion, and the exact charities within the Cause Portfolios may change from time to time. We do not accept responsibility for any activities of the charities that make up the Cause Portfolios.
When you make a donation through the Site, you are making a complete and final charitable donation to the Percent Pledge Foundation, a U.S. 501(c)(3) tax-exempt charity with its principal place of business at 5757 W. Century Blvd., Suite 410, Los Angeles, CA 90045. You will receive a donation receipt from Percent Pledge for your contributions. Percent Pledge then makes contributions to the U.S. 501(c)(3) tax-exempt public charities that are listed in our Cause Portfolios. Percent Pledge tries, but cannot guarantee, that your funds will be re-granted to the charities specified in each Cause Portfolio. Subject to the requirements of applicable local laws, once your donation is made, it may only be refunded to you with Percent Pledge’s prior written consent.
To comply with federal tax laws and regulations, Percent Pledge is required to retain legal control over any charitable donation is receives. In rare instances, Percent Pledge may determine that it would be inappropriate or improper to disburse the funds designated for a charity listed in our Cause Portfolios because, for example, it is no longer recognized as a public charity or is no longer in good standing with state or federal regulations. In these circumstances, Percent Pledge may, in its sole discretion, disburse the donation to another charity within our Cause Portfolios (as determined by Percent Pledge). Percent Pledge does not warrant that your donations will be used by the charities for any particular purposes and shall not be responsible for any dissatisfaction you may have regarding the use of your donation.
When you make a donation, the transaction is final and not disputable unless you prove unauthorized use of your payment card or other payment method. If you become aware of fraudulent use of your information, or if your information is lost or stolen, you must notify your card or other provider in accordance with its reporting rules.
Percent Pledge retains a 5% service fee from every donation made on the Site. This small service fee is used to pay fees Percent Pledge incurs, such as to process payments. Based on the donation method you choose, this payment processing fee may range from 1.5% to 3.5%. The remaining amount of the service fee serves to maintain our platform and pay all expenses associated with offering the Site to you. 95% of every donation is re-granted directly to the charities in our Cause Portfolios.
No Solicitation or Endorsement
The listing or display of a charity on the Site does not constitute a solicitation of donations. Percent Pledge does not engage in any solicitation activities directly on behalf of any of the charities in our Cause Portfolios, nor does it consult on the solicitation of contributions on behalf of any individual, entity, or organization. Unless otherwise specifically indicated, Percent Pledge does not endorse and has no affiliation with any of the charities in our Cause Portfolios, other than a contractual relationship to re-grant to them a percentage of the donations we receive. Percent Pledge has not independently verified any of the information or content provided by the charities in our Portfolio.
Protecting your Account
When you register with Percent Pledge, please choose a password that is complex and designed to prevent other from gaining access to your account. You are responsible for maintaining the confidentiality of your password and for the activity on your account. If you become aware of any unauthorized use of or access to your account, we recommend that you change your password immediately and call us at the number listed in the Contact Us section below.
Personalized Referral Link
When you register on the Site, you will receive a unique referral link that you may send to people in your network. If people in your network register with Percent Pledge using your referral link, we may provide you with aggregated and non-personally identifiable statistics about your network’s participation in Percent Pledge.
You agree that we may send you notice via email to the email address you have provided, and we are not responsible for your failure to receive notice if email is quarantined by your email security system (e.g., “junk” or “spam” folder) or if you fail to update your email address. You also agree that we may send you notice through the Site.
All trademarks, trade names, and logos appearing on the Site (the “Percent Pledge Trademarks”) are owned by us or licensed by us. You may not use or display any Percent Pledge Trademarks in any manner without our prior written permission. We reserve all rights.
If you choose to provide us with any comments, suggestions, ideas, or other feedback, you agree that we have an unrestricted right to use it, and you are not entitled to receive any compensation.
Use of the Site
You must be at least 18 years of age to use the Site. If you are under 18, you must have your parent or guardian’s permission to use the Site. You must, at all times, use the Site in a responsible and legal manner for your own personal, non-commercial use. Any unlawful, abusive, or unauthorized use of the Site or any content is strictly prohibited. You may not:
- use the Site or any Site Content in violation of these Terms or any applicable law;
- make, display, perform, publish or distribute copies or derivative works of the Site or any Site Content, unless expressly authorized in writing by Percent Pledge or by applicable law;
- remove, conceal, alter, or otherwise tamper with any copyright, author/source attribution, trademark, or other legal notices that appear on the Site or are included or embedded in any Site Content;
- interfere in any way with the operation of the Site or any server, network or system associated with the Site, including, without limitation: hacking, mail-bombing, flooding, overloading, or making “denial of service” attacks; probing, scanning or testing the vulnerability of the Site or any server, network or system associated with the Site; breaching or circumventing firewall, encryption, security or authentication routines; or accessing data or information not intended for you;
- use any automated program, tool or process (including, without limitation, web crawlers, robots, bots, spiders, and automated scripts) to access the Site or any server, network or system associated with the Site, or to extract, collect, harvest or gather content from the Site; or
- frame or otherwise create a browser or border environment around any page or content of the Site.
In the event that you breach these Terms, including any of the above rules, Percent Pledge reserves the right, at its sole discretion, to immediately and without notice cancel your account, suspend or permanently deny your access to all or part of the Site.
Percent Pledge will make every effort to ensure that the Site are available continuously, but reserve the right to modify, suspend, or discontinue all or any part, at any time, without notice. Unless specifically exempted, any new features, services, or software applications introduced shall be subject to these Terms.
Links to Third-Party Websites
The Site may contain links to third-party websites which are not owned, controlled, or operated by, or affiliated with, Percent Pledge. Accordingly, we do not assume responsibility for any linked third-party websites or for their content, products, services, views, opinions, policies or activities. The inclusion of any link or reference to such third-party sites does not constitute or imply Percent Pledge’s endorsement, sponsorship or approval of such third-party sites or their content, products, services, views, opinions, policies or activities.
Disclaimer of Warranties
The Site and all Site Content are provided “as is” and “as available” and without warranties of any kind, express or implied. Without limiting the generality of the foregoing, Percent Pledge does not warrant that: (i) the Site and Site Content will be error-free, accurate or up to date, or will be useful or informative, or will be uninterrupted, or will be available at any particular time or location; (ii) any defect or error on the Site or any Site Content will be corrected; or (iii) the Site and all Site Content will be suitable for everyone.
Limitation on Liability and Damages
Your use of the Site is at your own risk. You expressly acknowledge and agree that in no event shall Percent Pledge or any of its officers, employees, agents or representatives be liable to you or any other user, whether under a theory of contract, tort, negligence, strict liability, or any other legal or equitable theory, for any direct, indirect, incidental, exemplary, special, punitive or consequential damages (including, without limitation, loss of use, or loss of data or information of any kind) arising out of or related to the Site or any Site Content, even if they have been advised of the possibility of such damages or losses. You understand agree that Percent Pledge’s maximum aggregate liability for any type of damages hereunder shall be limited to the total sum of the donations you made using the Site in the 12 month period preceding the date the circumstances giving rise to our liability arose.
You further agree that the limitations of liability set forth above will survive any termination or expiration of these terms and will apply even if any limited remedy specified herein is found to have failed of its essential purpose. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
If you are a California resident, you waive your rights with respect to California Civil Code Section 1542, which says "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Defense and Indemnification
You are responsible for your actions; if we (or any of our employees, directors or agents, or other users of the Site) are sued or if any claim or action is made or brought against us (or any of our employees, directors or agents, or other users of the Site) related to anything you do or omit to do (including your (i) use or misuse of the Site, (ii) your violation of these Terms, (iii) your violation of the rights of any other person or entity or (iv) your violation of any applicable law), you will pay any damages, losses, liabilities, expenses, settlement amounts or costs (including attorney’s fees) that we (and/or they) incur as a result of the suit or claim, and, if we request it, you will defend us (and/or them) against the suit or claim.
These Terms and any dispute arising out or of in connection with you use of the Site are governed by, and shall be construed in accordance with, the laws of the State of Illinois, without giving effect to any conflicts of laws provisions.
No Class Action
You and Percent Pledge agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual bases. You and Percent Pledge your right to have any dispute heard as a class action or other action in a representative capacity.
Limitation on Time to Bring an Action
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Site brought by you must be filed within one (1) year after such claim or cause of action arose or such claim or cause of action will be forever barred.
Waiver of Jury Trial; Agreement to Arbitrate Claims
By agreeing to these Terms, both you and we are waiving the right to a jury trial on any disputes that may arise.
You agree to arbitrate all disputes between you and us. If a dispute arises between you and us relating to the Site or these Terms, you and we agree that the dispute shall be resolved by final and binding arbitration administered by the American Arbitration Association under its rules for consumer arbitrations (“AAA Rules”). You and we agree to the following rules relating to any arbitration proceeding:
- You and Percent Pledge waive any right to bring such claims before any court of law. Rights that you would have if you went to court, such as access to discovery, may be unavailable or limited in arbitration.
- The venue for all disputes arising under these Terms shall be in Chicago, Illinois, but you and we may agree to conduct the arbitration by telephone, online and/or solely based on written submissions. You hereby waive any right to claim that such location is an inconvenient forum and covenant not to sue us in any other forum.
- The arbitrator will have the power to grant whatever relief would be available in court under law or in equity (including attorney’s fees) and any award of the arbitrator will be final and binding on each of the parties. The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby waives.
- The arbitrator will apply applicable law and the provisions of these Terms and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review.
- Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Barring extraordinary circumstances, the arbitrator will issue a decision within 120 days from the date the arbitrator is appointed, which may be extended 30 days in the interests of justice.
- All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award.
- The award of the arbitrator will be in writing and will not include any statement setting forth the reasons for the disposition of any claim.
- Either you or we may seek an injunction at any time from any court of competent jurisdiction as necessary to protect the rights or property of you or us pending the completion of arbitration.
- Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. If, however, you are able to demonstrate that the costs of arbitration will be prohibitive for you as compared to the costs of litigation, Percent Pledge will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you. If the arbitrator determines that the claim(s) you assert in the arbitration are frivolous, you agree to reimburse Percent Pledge for all fees associated with the arbitration that Percent Pledge paid on your behalf which you otherwise would be obligated to pay under the AAA Rules.
General Legal Terms
Changes to these Terms
We may modify these Terms from time to time. The Effective Date of these Terms is at the top of this page. As we add new features, we may amend or supplement these Terms. If any modifications materially change your rights, we will notify you of these changes either by posting notice on the Site or by emailing you at the email address we have on file. Your continued use of the Site the effective date of any changes constitutes your acceptance of the amended Terms. The amended Terms supersede all previous versions of or agreements, notices or statements about the Terms.
If you have any questions or comments about these Terms, please contact us at:
Percent Pledge Foundation
5757 W. Century Blvd., Suite 410
Los Angeles, CA 90045
The Percent Pledge Foundation is a fiscally-sponsored project of The Giving Back Fund.