Terms of Use

Last modified: July, 2024

The website you have entered (hogsfoundation.org, its sub-domains, affiliated websites and applications, any mobile versions) and any services or Content (as defined below) available therefrom (the “Site”) is a copyrighted work owned and operated by Heart of Gold Foundation, Inc. a company incorporated in Delaware (“Heart of Gold Foundation,” “we” or “us”).

BY ACCESSING OR USING THE SITE, YOU HEREBY AFFIRM THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THE FOLLOWING TERMS AND CONDITIONS (THE “TERMS”). THESE TERMS TOGETHER WITH THE PRIVACY POLICY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND Heart of Gold Foundation.

IF YOU ARE UNDER 18 YEARS OLD, YOUR PARENT OR LEGAL GUARDIAN MUST READ, UNDERSTAND, AND AGREE TO THESE TERMS ON YOUR BEHALF PRIOR TO YOUR ACCESS TO AND USE OF THE SITE. IF YOU DO NOT AGREE TO THESE TERMS OR HAVE NOT OBTAINED YOUR PARENT OR LEGAL GUARDIAN'S CONSENT TO AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SITE. IN NO EVENT MAY YOU ACCESS OR USE THIS SITE IF YOU ARE UNDER THE AGE OF 13.

YOUR ACCESS TO AND USE OF THE SITE CONSTITUTES ACCEPTANCE OF THESE TERMS.

  1. Changes to the Site or Terms

    Heart of Gold Foundation reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) at its sole discretion with or without notice to you. You agree that Heart of Gold Foundation will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.

    Heart of Gold Foundation further reserves the right, at any time, to revise these Terms or to impose new terms and conditions with respect to access to or use of the Site, the Content, or any other matter. Any modification shall become effective when posted. Continued use of the Site constitutes agreement to the revised Terms.

  2. Term and Termination

    These Terms will remain in effect while you access and use the Site. Heart of Gold Foundation may terminate these Terms or discontinue the Site without notice and for any reason. Upon termination, you are no longer authorized to access or use the Site.

    Sections 3 through 14 shall survive termination. Heart of Gold Foundation may retain personal data as required by law.

  3. License; Site Content

    (a) License: Heart of Gold Foundation grants you a limited, non-exclusive license to access the Site for personal, non-commercial use.

    (b) Content: Content may not be reproduced, modified, or redistributed without prior written consent. You agree not to use any automated means to access or monitor the Site.

  4. Disclaimer of Warranties and Representations

    THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. Heart of Gold Foundation DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU USE THE SITE AT YOUR OWN RISK.

  5. User Conduct; Prohibited Activities

    You agree not to post content that is:

    • False or misleading
    • Infringes on intellectual property
    • Violates laws or is offensive
    • Contains malware or harmful code

    Additional prohibitions include:

    • Collecting personal data
    • Accessing the Site after termination
    • Modifying Site appearance
    • Forging headers or interfering with infrastructure
  6. Third-party Links

    The Site may contain links to third-party websites. Heart of Gold Foundation is not responsible for these links or their content. Use at your own risk and subject to third-party policies.

  7. Copyright and Trademark Information

    © Heart of Gold Foundation, Inc. 2017–2024. All rights reserved. Use of Heart of Gold Foundation trademarks and logos is prohibited without written consent.

  8. Privacy

    Information collected is subject to the Privacy Policy. By using the Site, you consent to collection and use of information as described therein.

  9. Notifications

    Legal notices may be posted on the Site or sent via email. It is your responsibility to provide accurate contact details.

  10. Governing Law and Jurisdiction

    These Terms are governed by the laws of the Commonwealth of Virginia, USA. You agree to submit to the exclusive jurisdiction of courts in Fairfax County, Virginia.

  11. Users Outside of the United States

    If you are located in a sanctioned country or on restricted lists, you may not use the Site. U.S. export laws apply.

  12. Limitation of Liability

    To the maximum extent allowed by law, Heart of Gold Foundation is not liable for any damages related to your use of the Site. In any case, liability is limited to $100 USD.

  13. Indemnification

    You agree to indemnify Heart of Gold Foundation and its affiliates against all claims arising from your use of the Site or violation of these Terms. Heart of Gold Foundation may assume defense at its expense.

  14. Miscellaneous

    These Terms are the full agreement between you and Heart of Gold Foundation. If any part is found invalid, the rest shall remain in effect. Questions may be sent to support@hogsfoundation.org.

Privacy Policy

The website you have entered (hogsfoundation.org, its sub-domains, affiliated websites or applications, and any services available therefrom, including any mobile versions of the website or mobile applications) (the “Site”) is operated by Heart of Gold Foundation, Inc. a company incorporated in Delaware (“Heart of Gold Foundation,” “we,” or “us”). We respect your privacy rights and recognize the importance of protecting data collected from you and about you. This privacy policy (the “Privacy Policy”) describes how we collect, use, share, and protect that data.

If you do not accept and agree with this Privacy Policy, you must stop using the Site immediately. Your continued use of the Site constitutes your acceptance of this Privacy Policy.

1. Collection of Data

a. We collect personal data when you voluntarily provide it to us.

We collect personal data from you in several different ways on the Site. Personal data means information that can reasonably be used to identify you personally (such as your name, phone number, address, and email address). We collect this personal data when you voluntarily provide it to us (such as when you submit an inquiry). You can choose not to provide the requested data, but you might not be able to take advantage of certain Site features.

b. We automatically collect data about your browser or device and your use of the Site.

When you access and use the Site, our technology and tools may automatically collect and record certain data about your use of the Site (your IP address, browser type, the make and model of device used to view the Site, unique device identifiers, the referring web page, pages visited, search terms, and other information relating to your use of the Site, browser or device).

We may also use various tracking technologies (such as cookies, clear GIFs, and/or pixel tags) to collect data about your use of and access to the Site. Cookies are small bits of information that may be placed on your computer by websites you visit, applications you use, or advertisements you view. Cookies alone tell us nothing about who you are. Pixel tags generate a generic notice of a visit to the Site. Pixel tags are used in conjunction with cookies to anonymously track the activity on the Site by a particular browser on a particular site.

c. Third-parties may also automatically collect data about you.

Some embedded content on the Site may be served by third-party content providers. Please note that these companies may also use cookies or other similar technologies to collect data about you, both on the Site and throughout the Internet. Data collection and use by those third-parties is subject to the privacy policies of those third-parties.

d. Our “Do Not Track” (DNT) Policy

Some websites have “do not track” features that allow you to tell a website not to track you. We do not currently respond to those signals or similar mechanism transmitted by web browsers. To learn more about browser tracking signals and DNT, please visit http://allaboutdnt.org.

2. Use of Collected Data

We collect and use the types of data described above to assist in the administration and operation of the Site and to provide you an efficient, meaningful, and customized experience. We may use the data to:

  • Fulfill our obligations with respect to the reason you volunteered the data (e.g., to respond to an inquiry, etc.);
  • Allow you to participate in certain features of the Site;
  • Improve the Site or our products, events, and services;
  • Optimize your experience on the Site (e.g., troubleshooting technical programs, storing your preferences, etc.);
  • Notify you about changes to the Site (including this Privacy Policy);
  • Carry out our obligations and enforce our rights arising from arrangements between you and us; and
  • For any other purpose with your consent or as permitted by law.

Additionally, we may use the data for marketing purposes to:

  • Provide you with additional information regarding products and services from Heart of Gold Foundation, its affiliated companies, or from others that may be of interest to you via email, text message, or through advertising on various social media platforms or websites (both desktop and mobile) that you may visit;
  • Develop, improve, and target our promotional messaging to you and others via retargeting, online behavioral advertising, and use of social media platform tools for advertising (such as creation of Facebook Lookalike Audiences).

You can learn more about Facebook ads HERE and other types of online advertising HERE.

Furthermore, when you register or create an account on this Site, you will be asked to provide Heart of Gold Foundation with certain information... (rest remains as in your provided content).

3. Legal Basis for Processing Personal Data

  1. Consent: by clicking the opt-in button on the Site you consent to permit us to process your personal data for the purposes set forth in this Privacy Policy.
  2. Processing necessary for compliance with legal obligations.

4. Third-Party Websites and Third-Party Embedded Content

We do not control the privacy policies of third-party websites or applications, our affiliates, service providers, and business partners which may be accessed, directly or indirectly...

5. How We Share Data

  • Affiliates and Subsidiaries
  • Service Providers
  • Sponsors or Event Partners
  • Law Enforcement and Safety
  • Business Transfer

6. Your Rights under the GDPR

  • Right to be informed about the collection and use of your personal data
  • Right to access your personal data
  • Right to have any inaccurate personal data corrected
  • Right to have your personal data erased
  • Right to restrict use of your personal data
  • Right to personal data portability
  • Right to object to the processing of your personal data

If you wish to exercise any of these rights under the GDPR, please email us at support@hogsfoundation.org.

7. Opting-Out of Data Use or Withdrawing Consent

As described above, we collect personal data about you when you voluntarily provide it to us and collect other data about you and your use of the Site automatically when you interact with us...

8. Protection and Retention of Data

We use appropriate technical and organizational measures to ensure a level of security appropriate to the risk and to safeguard your data in our possession...

9. Foreign Jurisdictions

The Site is designed for and targeted to the United States. If you are accessing the Site from outside the United States...

10. Children and Parents

We respect children's privacy. We do not target or knowingly or intentionally collect personally identifiable information from children under the age of 13...

11. Your California Privacy Rights

If you are a resident of California, California law permits you to request certain information regarding the disclosure of your personal data...

12. Data Controller

The data controller for the personal data that you provide or that is collected by Heart of Gold Foundation is Heart of Gold Foundation, Inc. a company incorporated in Delaware.

13. Miscellaneous

From time to time, we may modify or update this Privacy Policy to reflect, among other things, changes in the law or our data collection and use practices...

14. Contact Us

If you have any general questions about this Privacy Policy or other aspects of the Site or would like to correct, update or erase data provided to us, please email us at support@hogsfoundation.org.

Refund and Return Policy

At Heart of Gold Foundation, we strive to ensure transparency and fairness in our financial transactions. Below is our refund policy:

Conditions for Refunds

Refunds may be eligible in the following circumstances:

  • Donations made in error
  • Right to access your personal data
  • Duplicate transactions
  • Other circumstances deemed valid by Heart of Gold Foundation

Timeframe for Refunds

Donors can request a refund within 30 days from the date of donation.

Process for Requesting Refunds

To request a refund, please contact our customer care team at support@hogsfoundation.org. We will review your request and process the refund accordingly.

Exceptions

Refunds will be processed in compliance with relevant laws and regulations related to charitable donations and consumer protection. In cases where funds have already been utilized for charitable purposes, refunds may not be possible.

Contact Us

If you have any questions or concerns about our refund policy, please don't hesitate to reach out to us at support@hogsfoundation.org