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Privacy & Policy

 

Thank you for visiting a Web site operated by PEP Africa (the “Organisation”). By using any of the Web sites operated by the Organisation or its affiliated entities that are linked to this page (the “Sites”), you acknowledge that you have read and are bound by the following terms, as well as any other Organisation network usage agreements that may govern your conduct.

Please do not hesitate to contact the Organisation at the address set forth below if you have questions. If you have questions about this policy, you may email the Organisation with your query here.

 

I. Disclaimer of Warranties and Limitation of Liability

Unless expressly stated, nothing contained in or through the Sites other than these legal provisions constitutes, nor is intended to constitute, an offer, inducement, promise, or contract of any kind.

The content provided on the Sites is presented as a courtesy to be used only for informational purposes and is not represented to be error-free. The Organisation makes no representations or warranties of any kind concerning the Sites or their content, such representations and warranties being expressly disclaimed. The Organisation does not warrant that the functions in the material will be uninterrupted or error-free, that defects will be corrected, or that the Sites or the servers that make them available are free of viruses or other harmful components.

Moreover, the Organisation does not represent or warrant that the content of its Sites is accurate, complete, or current for any specific or particular purpose or application. The Sites are not intended to provide, nor should anyone consider that they provide legal, accounting, tax, or other advice. Such advice should only be rendered about the particular facts and circumstances appropriate to each situation. The Organisation encourages you to contact the appropriate professional(s) and consultant(s) to assess your specific needs and events and render such advice accordingly. In addition, the Organisation is not endorsing or recommending the use of the means or methods contained on or through this site for any special or particular purpose.

In addition, any links to non-Organisation information or references to unaffiliated organizations are provided as a courtesy and convenience to you. Such links and relations are not intended to, nor do they constitute, endorse the Organisation’s linked materials or the referenced organizations. The content and views on such links and such organizations are solely their own and do not necessarily reflect those of the Organisation, or the organizations’ officers, directors, or associates.

In no event will the Organisation or any of its officers, trustees, or associates be liable for any damages – whether direct, indirect, special, general, consequential, for alleged lost profits, or otherwise – that might result from any use of or reliance on materials or links made available on or through the Organisation’s Sites.

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II. Privacy Policy

Respecting the privacy of the visitors using Organisation Sites is a priority for the Organisation. The following statements will help you understand how the Organisation collects, uses, and safeguards the personal information you provide to us on our Sites.

Please note that this policy applies only to the Organisation’s Sites and not to any other organizations’ Web sites to which we link. Remember that when you use a link to go from an Organisation Site to another Web site, the Organisation’s Privacy Policy is no longer in effect. Your browsing and interaction on any other Web site, including Web sites the Organisation links to, is subject to that website’s own rules and policies. Please read those rules and policies before proceeding. The Organisation does not make any representations about the practices and policies of any organization or Web site we link to and disclaims any liability or responsibility for such other Web site’s content, rules, policies, or otherwise.

TYPES OF INFORMATION WE COLLECT

The types of information that may be collected through the Sites include: (1) Voluntary Registration information, which is personal information you knowingly choose to disclose that is collected on an individual basis (for example, contact and login information, individual or organization demographic data, you provide through voluntary registration); (2) Information about your usage of a Site; (3) Information regarding interaction with Organisation associates or programs; and (4) information about you that may be received from third parties.

In some instances, the Organisation may use a third-party payment processing system to facilitate payment. Still, the Organisation will not take credit card numbers, banking information, and billing addresses through the Sites.

(1) VOLUNTARY REGISTRATION

Visitors to any of the Organisation’s Sites may knowingly choose to register to receive email newsletter(s), program announcements, or other communications from the Organisation. Visitors may also register to participate in Organisation events or program activities. When registering for events or to receive Organisation communications, visitors may be asked to voluntarily provide their name, email address, telephone number, work address, and other pertinent information. Visitors may also indicate topics of interest, which will assist us in tailoring Organisation content to your needs. Visitors who supply information will be included in the Organisation’s general contact database, which the Organisation will use to send emails and other communications consistent with its charitable purposes. The Site through which you provide information in this category will present you with a consent statement that documents the goals for which the Organisation will use that information. The Organisation will use the information you provide per this consent statement.

You may have your name removed from any of our emailing lists at any time by following the unsubscribe instructions at the bottom of every email.

Credit/Payment Card Information

Suppose you choose to purchase products or services or pay for event registrations on the Organisation’s Sites. In that case, you may need to provide personal information and authorization for us to obtain information from various credit services. For example, you may need to provide a mailing address, billing address, credit card number, and telephone number in addition to the information above. The Organisation only uses third-party payment processors to facilitate card transactions, and the Organisation does not directly retain any credit/payment card information. The Organisation will have data related to the product/services/event you paid for using a payment card. The information related to your purchase will be considered voluntarily provided information. The Organisation will maintain it per the terms of Section II (1) of this privacy policy.

Demographic Information

In some instances, the Organisation may collect demographic information from individuals using the Sites, registering for an event, or otherwise participating in an Organisation program. You will voluntarily provide this information. While you will voluntarily provide this information, the Organisation uses this information only to evaluate the effectiveness of its programs, activities, and efforts for diversity, equity, and inclusion. The Organisation does not use demographic data to determine who may attend an event, receive a grant, participate in an Organisation program, work for the Organisation, or any unlawful purposes.

(2) SITE INTERACTION INFORMATION

As is true of most Web sites, the Organisation’s Sites track Site navigation information to optimize the Sites and their content. In some instances, the Organisation may also link this automatically collected data to personally identifiable information the Organisation already has about a specific user. Any Site Usage information related to personal information about a user is used to provide users with feedback about their experiences on the Sites and highlight information that a specific user may find interesting or informative. The Organisation may also link this information to a particular individual or combine it with personal information if the Organisation has determined that it needs to identify a user because of safety or security issues or comply with legal requirements.

The Site Interaction Information the Organisation may collect could include the following types of information.

Log Files

As is true of most organizations that operate Web sites, the Organisation gathers certain information automatically and store it in log files. This information includes internet protocol (I.P.) addresses, browser type, internet service provider (I.S.P.), referring/exit pages, operating system, date/time stamp, on-site bookmarks, on-site subscriptions, clickstream data, and site navigation history. We use this information, which does not identify individual users, analyze trends, administer the site, track users’ movements around the site, and gather information about the Organisation’s user base. The Organisation may collect this information even if you are not registered on any of the Sites.

Cookies

To enable us to offer you the best possible experience when you visit the Organisation’s Sites and to offer continually updated information, the Organisation assigns you a unique identification number stored in a file on your computer called a “cookie.” Cookies by themselves cannot be used to find out the identity of any user. This unique identification number automatically identifies your browser – to Organisation computers whenever you interact and browse a Organisation Site.

The cookies automatically gather certain usage information like the numbers and frequency of visitors to the Organisation’s Sites and areas visited on the Sites. The Organisation uses such data in the aggregate. This collective data helps the Organisation determine how much constituents use parts of the Sites, so the Organisation can ensure the Sites are appealing to as many people as possible.

Email Tracking

When a user signs up to receive information or mailings from the Organisation through a Site, the Organisation uses clear gifs, web beacons, or other email tracking devices to measure the activity of the email, including when a user clicks on a link within an email and if the message is forwarded. This information is tied to a user’s email address when stored.

 

Aggregation of Data

The Organisation may aggregate the above information about Site usage and program interaction with similar information from other Sites users. The Organisation will use this aggregated information to improve the Sites and the Organisation’s programs.

(3) ORGANISATION PROGRAM OR ASSOCIATE INTERACTION

The Organisation collects personal information about individuals who participate in Organisation programs, attend Organisation events, or take an issued survey. In some instances, you will provide this information to the Organisation yourself. Still, in some other cases, Organisation personnel may observe and document this information in the course of your interactions. In addition, the Organisation may collect personal information about individuals with whom it engages in discussing programmatic activities and potential collaborations. For example, suppose you attend a meeting with an Organisation associate, and you discuss a possible partnership. In that case, an Organisation associate may document the content of that discussion and contact information to enable the associate to follow up with you about that discussion. As a further example, if you apply for a grant from the Organisation, the Organisation will retain personal information related to that grant application.

Personal information that falls into this category is used to further the programs in which the individual participates, advance potential collaborations, identify programmatic initiatives in which an individual may want to participate, and identify constituents with which the Organisation should engage to reach its charitable mission.

Suppose you consent to the Organisation’s use of this data for broader interactions with you. In that case, the Organisation will treat this information as Voluntary Registration data (see Section II (1) above) to enhance its interactions with you. Otherwise, the Organisation will limit its use of the data in this category to facilitate the exchange (s) you have with the Organisation Program or associate. The Organisation may ask for your consent to have broader interactions, but you are under no obligation to provide that consent.

(4) THIRD-PARTY INFORMATION

On occasion, the Organisation may append or match personal information the Organisation has collected with other information the Organisation receives from third parties. This information could include contact information, financial or demographic information, interest or affinity information, and other data that may help the Organisation identify specific individuals as constituents. The Organisation should interact to advance its charitable purposes. The Organisation will only collect and use third-party information as outlined in Section II (4) if you have consented to the Organisation collecting such third-party information.

INFORMATION SHARING AND DISCLOSURE

The Organisation does not rent, sell, or share any personal information about individual users with any unaffiliated third party except (i) to operate the Sites, (ii) to provide the products or services you’ve requested, and (iii) to send you information consistent with the Organisation’s charitable purpose(s).

The Organisation occasionally retains other companies to provide services on our behalf, including packaging and mailing, answering customer questions about products or services, sending and tracking postal mail, or email and processing data. We will only provide those companies the information they need to deliver the service, and they are prohibited from using that information for any other purpose.

In limited instances, the Organisation may retain contractors to conduct charitable research on its behalf relating to the Organisation’s philanthropic purposes (for example, to complete a survey or evaluate Organisation research information). In these instances, the Organisation may provide access to the contractor to perform the research. Any data shared as outlined in this section will only be disclosed with the expectation that the information is held in confidence by the contractor, used solely for the Organisation’s benefit. The third party is not entitled to use the personal data for its purposes.

The Organisation or its directly affiliated entities (Kauffman FastTrac, Inc. or Kauffman Scholars, Inc.) may share personal information. Such affiliates may use the personal information only for purposes consistent with the charitable purposes that both the Organisation and the affiliate serve, including contacting you for a purpose consistent with such purposes. Any affiliate that receives personal information will maintain and use the personal information only as permitted by this privacy policy.

The Organisation reserves the right to disclose your personally identifiable information to respond to a subpoena, court order, or another legal process, to defend the Organisation against legal claims, or if the Organisation determines it is necessary to investigate or take action in connection with activities that the Organisation suspects are illegal, threaten the safety of any person, or are in violation of these Terms.

YOUR CONSENT

Using the Sites, you consent to collecting and using information by the Organisation and its affiliated entities as outlined in this Privacy Policy. Suppose the Organisation changes its privacy policies and procedures. In that case, it will post those changes on this page so that you always have the opportunity to be aware of what information the Organisation collects, how it uses that information, and under what circumstances that information may be disclosed.

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III. Registration; Suspension or Termination of Account

REGISTRATION

To access certain information and functionality, you must register on the Sites and open a user account (“Account”). You are responsible for maintaining the confidentiality of the user name and password associated with your Account and all activity under your Account. You may not transfer your Account to another party. You warrant that all information you provide to the Organisation is accurate, and you are requested to update your Account as necessary to keep it accurate and complete.

SUSPENSION OR TERMINATION OF ACCOUNT, ACCESS OR GROUP ACTIVITY

The Organisation reserves the right in its sole discretion to suspend or terminate your Account or to block access to the Sites at any time (i) if it suspects that you have not complied with these Terms, (ii) if the Organisation receives multiple notices of infringement following the Digital Millennium Copyright Act relating to your Account(s), or (iii) for other reasons that the Organisation determines in good faith are necessary or appropriate, including if the Organisation suspects you are using or attempting to use the Sites in any way that violates any applicable laws or regulations. The Organisation may also suspend or terminate your Account for prolonged inactivity in your Account. We may also terminate your access to or administrative rights in any User Input Room (as defined in Section IV (i)) for any of the above reasons. You agree that the Organisation is not and will not be liable to you for any loss or damages that may result from its refusal to provide you access to the Sites. You may terminate your account at any time.

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IV. Interactive Features and User Content

(i) The Organisation may offer the opportunity for you and others to contribute ideas, comments, questions, and other communications to or from the Sites (the “User Content”) in message boards, group areas, communities, blogs, email, and other features of the Sites (“User Input Rooms”) that may be offered from time to time and maybe operated by the Organisation or by a third party. You shall not (nor cause any third party to) use the Sites to perform any illegal activities (including defaming, abusing, harassing, stalking, threatening, or otherwise violating the legal rights – such as rights of privacy – of others) or immoral activities. Specifically, but not by way of limitation, you shall not undertake any of the following types of activities:

  • It is transmitting information that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party, or using any content posted to this site for your purposes in a way that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
  • It is transmitting any material that contains software viruses, trojan horses, worms, time bombs, cancelbots, or any other computer code, files, or programs that may interrupt, destroy, or limit the functionality of any computer software or hardware, or telecommunications equipment.
  • Impersonating anyone or any entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
  • Advertising or disseminating commercial content or using the content on the Site for any commercial, for-profit purpose.
  • They are interfering with or disrupting the Sites.
  • Disrupting the activities or enjoyment of the Sites for other users.
  • Collecting or storing personal data about other users, except as needed for activities permitted on the Sites.
  • Forging any TCPIP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Sites to send altered, deceptive, or false source-identifying information.
  • Attempting to decipher, decompile, disassemble, or reverse engineer any software used to provide the Services.
  • Interfering with, or attempting to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services.
  • Impersonating or misrepresenting your affiliation with any person or entity including (but not limited to) the Organisation or claim that you have developed or are the owner of any content on the Site that has been developed by a party other than yourself.
  • Using the Sites in any manner or for any purpose for which the Organisation has notified you (through either a general posting or a specific notice provided directly to you) that the Sites may not be used.
  • Attempting to probe, scan, or test the vulnerability of Sites or attempt to breach any security or authentication measures.
  • Using, displaying, mirroring, or framing the Site, or any individual element within the Site, the Organisation’s name, any Organisation trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without the Organisation’s express written consent.

(ii) You should exercise discretion before relying on information contained in User Content. You agree to evaluate and assume all risks associated with using any User Content, including without limitation any risk relating to any reliance on the accuracy, completeness, or usefulness of such User Content. The Organisation assumes no responsibility for the information contained in User Content.

(iii) You agree that the Organisation, in its sole discretion, may remove any User Content from a User Input Room offered by the Organisation, at any time and for any or no reason. You agree that the Organisation shall not be liable to you or any third party to delete any User Content on the Sites. You may remove your User Content from the Sites at any time.

(iv) You acknowledge and agree that the Organisation may preserve and disclose User Content if required to do so by law or if the Organisation believes in good faith that such preservation or disclosure is reasonably necessary to comply with legal process, enforce these Terms, respond to a claim that User Content violates any third party’s rights, or protect the right, property, or personal safety of the Organisation, any users of the Sites, and the public. You also acknowledge that the technical processing and transmission of the Sites, including without limitation User Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.

(v) The Organisation may offer the opportunity for you and others to contribute User Content in User Input Rooms operated by a third party that may be provided from time to time. The Organisation assumes no responsibility or liability whatsoever for such User Content or the use of any User Input Room operated by a third party. Without limitation to the preceding, the Organisation shall not be liable for collecting, using, or disclosing any personal information by, in, or through a User Input Room operated by a third party. You must refer to the third party’s terms of service and privacy statement using the User Input Room in such circumstances.

(vi) Subject to any applicable law and the requirements of the Organisation’s privacy policy, any communications sent by you via this Sites or otherwise to the Organisation (including without limitation User Content) are on a non-confidential basis. The Organisation is under no obligation to refrain from reproducing, publishing, or otherwise using them in any way or for any purpose related to the Sites or its users. You shall be responsible for the content and information in any communication sent by you to the Sites or otherwise to the Organisation, including without limitation for its truthfulness and accuracy.

(vii) The Organisation does not claim any ownership rights in the User Content you post to the Sites. When you post User Content to the Sites, you grant it to the Organisation. You represent and warrant that you have the right to contribute to the Organisation an irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide license (with the right to sublicense) to copy, publicly perform, publicly display, reformat, translate, excerpt, distribute, create derivative works from, and otherwise use such User Content for any purpose on or in connection with the Site.

(viii) The administrator of any User Input Room determines its membership and may terminate access by any individual user at any time.

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V. Intellectual Property Complaints/Digital Millennium Copyright Act

The Organisation respects the intellectual property of others and requires that users of the Sites do the same. The Organisation will process notices of alleged infringement which it receives. It will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. If you believe that your work has been copied and is accessible on a Site in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide the Organisation’s Copyright Agent with the following information in a notice (“Notice”). To be effective, the Notice must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):

(i) An electronic or physical signature of the person who is authorized to act on behalf of the copyright owner.

(ii) A description of the copyrighted work that you claim has been infringed.

(iii) Identification of the copyrighted work you claim is being infringed (and, if possible, a location where an authorized copy of the copyrighted work exists, for example, the URL of the website where it is posted or the name of the book in which it has been published).

(iv) Identification of the URL or other specific location on the Sites where the material that you claim is infringing is located (you must include enough information so that the Organisation can locate the material).

(v) Your address, telephone number, and email address.

(vi) A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

(vii) 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.

Send the Notice to the Organisation’s Copyright Agent for notice of claims of copyright infringement as follows:

MAIL:

Attention: Legal Department
Intellectual Property Complaints
PEP Africa Copyright Agent
7261 St Lucia Ct
Manassas 20109
Phone: (972)684-0854
Email: copyright@backup.pepafrica.org

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VI. Dispute Resolution

GOVERNING LAW

These Terms and the resolution of any dispute related to these Terms or the Sites shall be governed and construed in accordance with the laws of the United States and the laws of the State of Virginia applicable to contracts executed and performed within Virginia, without giving any effect to any conflict of laws rules that may result in the application of the laws of any other jurisdiction. These Terms are deemed executed and enforceable in the State of Virginia.

BINDING ARBITRATION

Suppose a dispute arises between you and the Organisation. In that case, each party irrevocably agrees to (i) resolve the dispute through binding arbitration conducted in Manassas City, Virginia, in accordance with the rules of the American Arbitration Association (“A.A.A.”), (ii) bring any dispute to enforce arbitration under these Terms or to pursue injunctive relief exclusively in the federal and state courts located in Manassas County, Virginia, United States of America, and (iii) submit to the exclusive jurisdiction of those courts and waive any objection to the exclusive jurisdiction of those courts based on forum non-convenient or other grounds. Each party will be responsible for its expenses and an equal share of arbitration’s arbitrators’ and administrative fees. Notwithstanding the preceding, each party will have the right to seek temporary injunctive relief if it determines it is necessary to prevent irreparable harm (including infringement of any intellectual property). 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 use of the Sites or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

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VII. General Provisions

ASSIGNMENT

You may not assign these Terms or any of your obligations under them without the Organisation’s prior written consent, and any attempted assignment is null and void. The Organisation may assign these Terms and any of its obligations under them at any time for any reason.

ELECTRONIC COMMUNICATIONS; BINDING AND ENTIRE AGREEMENT

You agree that (i) these Terms constitute an agreement “signed by you” under any applicable law; (ii) any notices or other communication regarding your use of the Sites may be provided to you electronically (by posting on the Sites, by email, and other electronic formats) and will be considered received upon posting or other distribution. These Terms (including the Privacy Policy) constitute the entire agreement between you and the Organisation and supersede all other agreements, oral or written, concerning its subject matter. You consent to use the English language in these Terms and all documents or notices relating to them and your use of the Sites.

SEVERABILITY

Suppose any of these Terms is determined to be invalid, void, or unenforceable for any reason. In that case, the unenforceable provision will be deemed amended in a manner that will most nearly carry out the intent of the requirement to the fullest extent permitted by applicable law or deleted if the amendment is not possible. The remaining terms will be enforceable to the fullest extent permitted by law.

NO WAIVER

The Organisation’s failure to enforce these Terms in every instance they might apply is not a waiver of any of the Organisation’s rights. The Organisation reserves its right to take all legal steps available to enforce these Terms.

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VIII. Social Media House Rules

The Organisation maintains social media accounts (e.g., Facebook, Instagram, Twitter, Pinterest, Linked In, YouTube, etc.) to provide forums for sharing research, ideas, and opinions regarding its philanthropic work and mission.

All statements and materials posted by contributors reflect the views of the individual contributors and do not reflect the views of the Organisation.

While the Organisation maintains these pages, the views expressed within these social media accounts do not necessarily reflect the Organisation’s positions, strategies, or opinions.

The Organisation encourages users to analyze, comment on, challenge its ideas and strategies, and do so in the spirit of respect, fairness, and intellectual inquiry. The Organisation reserves the right to remove offensive posts, act as advertisements, or attempt to solicit funds. The Organisation may also remove identical or substantially similar comments posted more than once, including those assigned to monopolize the discussion.

Community members are expected to abide by the Terms of Use that apply to the Organisation’s website (found on this page). If you violate the Terms of Service, you may be removed from the Organisation’s social media communities.

Thank you for engaging with the Organisation in social media and respecting these policies. The Organisation values conversations in its social media communities.

SITE INTENDED FOR U.S. RESIDENTS

The Sites are intended for and directed to residents of the United States, and all advertising claims contained in the Sites are valid only in the United States.

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