Privacy Policy & Terms of Use

Last revised Dec. 2019

Thank you for visiting a Web site that is operated by the Ewing Marion Kauffman Foundation (the “Foundation”). By using any of the Web sites operated by the Foundation or its affiliated entities that is linked to this page (the “Sites”) you acknowledge that you have read and are bound by the following Terms, as well as any other Foundation network usage agreements that may govern your conduct. Please do not hesitate to contact the Foundation at the address set forth below if you have questions. If you have questions about this policy, you may e-mail the Foundation with your question here.

I. Disclaimer of Warranties and Limitation of Liability

Unless specifically 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 Foundation makes no representations or warranties of any kind with respect to the Sites or their content, such representations and warranties being expressly disclaimed. The Foundation does not warrant that the functions contained 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 Foundation 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 in reference to the particular facts and circumstances appropriate to each situation. The Foundation encourages you to contact appropriate professional(s) and consultant(s) to assess your specific needs and circumstances and to render such advice accordingly. In addition, the Foundation 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-Foundation information or references to unaffiliated organizations are provided as a courtesy and convenience to you. Such links and references are not intended to, nor do they constitute, an endorsement of the linked materials or the referenced organizations by the Foundation. The content and views on such links and of such organizations are solely their own and do not necessarily reflect those of the Foundation, or the organizations' officers, directors, or associates.

In no event will the Foundation 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 Foundation's Sites.

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II. Privacy Policy

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

Please note that this policy applies only to the Foundation's Sites and not to any other organizations' Web sites to which we link. Remember that when you use a link to go from a Foundation Site to another Web site, the Foundation's Privacy Policy is no longer in effect. Your browsing and interaction on any other Web site, including Web sites the Foundation links to, is subject to that Web site's own rules and policies. Please read those rules and policies before proceeding. The Foundation 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 log in information, individual or organization demographic data, you provide through voluntary registration); (2) Information about your usage of a Site; (3) Information regarding interaction with Foundation associates or programs; and (4) information about you that may be received from third parties.

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

(1) Voluntary Registration

Visitors to any of the Foundation's Sites may knowingly choose to register to receive email newsletter(s), program announcements, or other communications from the Foundation. Visitors may also register to participate in Foundation events or program activities. When registering for events, or to receive Foundation 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 Foundation content to your needs. Visitors who supply information will be included in the Foundation’s general contact database which the Foundation 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 purposes for which the Foundation will use that information. The Foundation will use the information you provide in accordance with 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
    If you choose to purchase products or services, or pay for event registrations on the Foundation's Sites, you may need to provide personal information and authorization for us to obtain information from various credit services. For example, in addition to the information above, you may need to provide a mailing address, billing address, credit card number, and telephone number. The Foundation only uses third party payment processors to facilitate card transactions and the Foundation does not directly retain any credit/payment card information. The Foundation will retain information related to the product/services/event that you paid for using a payment card. The information related to your purchase will be considered voluntarily provided information and will be maintained by the Foundation in accordance with the terms of this Section II (1) of this privacy policy.

  • Demographic Information
    In some instances, the Foundation may collect demographic information from individuals that are using the Sites, registering for an event or otherwise participating in a Foundation program. This information will be voluntarily provided by you. While this information will be voluntarily provided by you, the Foundation uses this information only to evaluate the effectiveness of its own programs, activities, and efforts with respect to diversity, equity, and inclusion. The Foundation does not use demographic information to determine who may attend an event, receive a grant, participate in a Foundation program, work for the Foundation, or for any unlawful purposes.
(2) Site Interaction Information

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

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

  • Log Files
    As is true of most organizations that operate Web sites, the Foundation gathers certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), 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, to analyze trends, to administer the site, to track users' movements around the site, and to gather information about the Foundation’s user base as a whole. The Foundation 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 Foundation's Sites and to offer continually updated information, the Foundation 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 Foundation computers whenever you interact and browse a Foundation Site.

    The cookies automatically gather certain usage information like the numbers and frequency of visitors to the Foundation's Sites and areas visited on the Sites. The Foundation uses such data in the aggregate. This collective data helps the Foundation determine how much constituents use parts of the Sites, so the Foundation 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 Foundation through a Site, the Foundation uses clear gifs, web beacons, or other e-mail tracking devices to measure the activity of the e-mail, including when a user clicks on a link within an e-mail and if the message is forwarded. This information is tied to a user’s e-mail address when stored.

  • Aggregation of Data
    The Foundation may aggregate the above information about Site usage and program interaction with similar information from other users of the Sites and the Foundation will use this aggregated information in order to improve the Sites and the Foundation’s programs.
(3) Foundation Program or Associate Interaction

The Foundation collects personal information about individuals that participate in Foundation programs, attend Foundation events, or take a Foundation issued survey. In some instances, you will provide this information to the Foundation yourself, but in other instances Foundation personnel may observe and/or document this information in the course of your interactions. In addition, the Foundation may collect personal information about individuals with whom it engages to discuss programmatic activities and/or potential collaborations. For example, if you attend a meeting with a Foundation associate and you discuss information about a potential collaboration, a Foundation associate may document the content of that discussion as well as 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 Foundation, the Foundation 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, to advance potential collaborations, to identify programmatic initiatives in which an individual may want to participate, and to identify constituents with which the Foundation should engage in order to advance is charitable mission.

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

(4) Third-Party Information

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

Information Sharing and Disclosure

The Foundation does not rent, sell, or share any personal information about individual users with any 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 Foundation’s charitable purpose(s).

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

The Foundation or its directly affiliated entities (for example Kauffman FastTrac, Inc. or Kauffman Scholars, Inc.) may share personal information amongst each other. Such affiliates may use the personal information only for purposes that are consistent with the charitable purposes that both the Foundation and the affiliate serve, which may include 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 Foundation reserves the right to disclose your personally identifiable information to respond to a subpoena, court order, or other legal process, to defend the Foundation against legal claims, or if the Foundation determines it is necessary to investigate or take action in connection with activities that the Foundation suspects are illegal, threaten the safety of any person, or are in violation of these Terms.

Your Consent

By using the Sites, you consent to the collection and use of information by the Foundation and its affiliated entities as outlined in this Privacy Policy. If the Foundation changes its privacy policies and procedures, it will post those changes on this page so that you always have the opportunity to be aware of what information the Foundation 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 for all activity under your Account, and you may not transfer your Account to another party. You warrant that all information you provide to the Foundation 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 Foundation 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 Foundation receives multiple notices of infringement in accordance with the Digital Millennium Copyright Act relating to your Account(s), or (iii) for other reasons that the Foundation determines in good faith are necessary or appropriate, including if the Foundation suspects you are using or attempting to use the Sites in any way that violates any applicable laws or regulations. The Foundation 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 Foundation 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 Foundation 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, e-mail, and other features of the Sites ("User Input Rooms") that may be offered from time to time and may be operated by the Foundation 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:

a. 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 own purposes in a way that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.


b. Transmitting any material that contains software viruses, trojan horses, worms, time bombs, cancelbots, or any other computer code, files, or programs which may interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.


c. Impersonating anyone or any entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.


d. Advertising or disseminating commercial content or using the content on the Site for any commercial for-profit purpose.


e. Interfering with or disrupting the Sites.


f. Disrupting the activities or enjoyment of the Sites for other users.


g. Collecting or storing personal data about other users, except as needed for activities permitted on the Sites.


h. 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.


i. Attempting to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services.


j. 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.


k. Impersonating or misrepresenting your affiliation with any person or entity including (but not limited to) the Foundation, 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.


l. Using the Sites in any manner or for any purpose for which the Foundation has notified you (through either a general posting or a specific notice provided directly to you) that the Sites may not be used.


m. Attempting to probe, scan, or test the vulnerability of Sites or attempt to breach any security or authentication measures.


n. Using, displaying, mirroring, or framing the Site, or any individual element within the Site, the Foundation's name, any Foundation trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without the Foundation'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 the use of any User Content, including without limitation any risk relating to any reliance on the accuracy, completeness, or usefulness of such User Content. The Foundation assumes no responsibility for the information contained in User Content.


(iii) You agree that the Foundation, in its sole discretion, may remove any User Content from a User Input Room offered by the Foundation, at any time and for any or no reason. You agree that the Foundation shall not be liable to you or any third party for any deletion of 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 Foundation may preserve and disclose User Content if required to do so by law or if the Foundation 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 Foundation, 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 Foundation may offer the opportunity for you and others to contribute User Content in User Input Rooms operated by a third party that may be offered from time to time. The Foundation assumes no responsibility or liability whatsoever for such User Content, or for the use of any User Input Room operated by a third party. Without limitation to the foregoing, the Foundation shall not be liable for the collection, use or disclosure of any personal information by, in or through a User Input Room operated by a third party. In such circumstances, you must refer to any terms of service and privacy statement of the third party operating the User Input Room.


(vi) Subject to any applicable law and the requirements of the Foundation's privacy policy, any communications sent by you via this Sites or otherwise to the Foundation (including without limitation User Content) are on a non-confidential basis, and the Foundation 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 contained in any communication sent by you to the Sites or otherwise to the Foundation, including without limitation for its truthfulness and accuracy.


(vii) The Foundation 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 to the Foundation, and you represent and warrant that you have the right to grant to the Foundation, 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 Foundation respects the intellectual property of others, and requires that users of the Sites do the same. The Foundation will process notices of alleged infringement which it receives them and 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 Foundation'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 Foundation can locate the material).


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


(vi) A 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.


(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 Foundation's Copyright Agent for notice of claims of copyright infringement as follows:

Mail:

Attention: Legal Department
Intellectual Property Complaints
DMCA Copyright Agent
4801 Rockhill Road
Kansas City, MO 64110
Phone: (816) 932-1000
Email: Contact Us

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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 Missouri applicable to contracts executed and performed within Missouri, 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 Missouri.

Binding Arbitration

If a dispute arises between you and the Foundation, each party irrevocably agrees to (i) resolve the dispute through binding arbitration conducted in Kansas City, Missouri, in accordance with the rules of the American Arbitration Association ("AAA"), (ii) bring any dispute to enforce arbitration under these Terms or to pursue injunctive relief exclusively in the federal and state courts located in Jackson County, Missouri, 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 conveniens or other grounds. Each party will be responsible for its expenses and an equal share of the arbitrators' and administrative fees of arbitration. Notwithstanding the foregoing, each party will have the right to seek temporary injunctive relief if it determines it is necessary in order 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 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 Foundation's prior written consent and any attempted assignment is null and void. The Foundation 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 Foundation and supersede all other agreements, oral or written, concerning its subject matter. You consent to the use of the English language in these Terms and all documents or notices relating to them and your use of the Sites.

Severability

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

No Waiver

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

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VIII. Social Media House Rules

The Foundation maintains social media accounts (e.g. – Facebook, Instagram, Twitter, Pinterest, LinkedIn, 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 Foundation.

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

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

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

Thank you for engaging with the Foundation in social media and respecting these policies. The Foundation 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.