PRIVACY STATEMENT

This planned giving website ("website") is hosted by Crescendo Interactive, Inc. ("Crescendo") on behalf of Asbury University ("Subscriber" or "Subscribing Organization"). Asbury University is offering the content of this website to its supporters, donors, prospects and certain professionals as an educational service concerning the planned giving topics presented on this website.

Use of this website, and the website's data collection practices, are subject to the terms of this Privacy Policy.

What Information Does this Website Collect?


Categories of information collected by this website include the following:

1. "Calculator Information" - If the website hosts a planned gifts calculator, the website will collect Calculator Information. "Calculator Information" is any information you might input when running any of the planned gifts/deduction calculators located on this website. This information could include donor information (such as a donor's name, age, income tax rate); non-descriptive asset information (such as asset value, cost basis, and current return); and information related to your charitable giving or financial planning goals (such as desired trust return or sales proceeds).

2. "Form Information" - "Form Information" is any information you might enter into any online form contained on this website that allows you to communicate with Subscriber's staff. This includes information you submit through the "Contact Us" form to contact Subscriber, the form used to "Sign Up" for the website's related planned giving e-newsletter, or the form used to request an estate planning guide from Subscriber. Typically, these forms ask for your First Name, Last Name and an Email Address and also provide a Comments section.

3. "OWP Information" - If the website includes an Online Wills Planner ("OWP") feature and you have created an OWP account, the website will collect your OWP Information. "OWP Information" is limited to information that you might input into your password-protected Online Wills Planner ("OWP"). OWP allows you to access and retrieve your account information when you return to the website. Your email address used in conjunction with the creation of an OWP account will be regarded as Statistical Information, distinct from OWP Information, under this Policy Privacy.

4. "Statistical Information" - "Statistical Information" is basic information collected by the website about how you use the website and access its content, such as which pages you have visited. Statistical Information may be "device specific" (meaning it involves information about the hardware and operating system you are using); "location specific" (meaning it involves collecting and processing information specific to your location); "log specific" (meaning it involves information about your Internet Protocol (or IP) address and information about webpage visits such as dates, times, duration and referrals that initiated page visits as well as your registration and establishment of an OWP account); "enewsletter connected" (meaning Subscribing Organization has included your email address in an email distribution list Subscriber uses to send planned giving emails incorporating content from the website, in which case the website will associate email activity such as opens, click-throughs and opt-outs together with other Statistical Information about your interaction with the website, such as browser history, to create a "user activity profile"); and "cookies" (which involve technologies to collect information when you visit the website).

How Information Collected from this Website May be Used by Subscriber and Third Parties


Even though Crescendo is hosting the website for Subscriber, all Calculator Information, Form Information and Statistical Information collected by the website is information that belongs to Subscriber and is information accessible to Subscriber, subject to permissions and limits of this Privacy Policy. The following are ways that you, third parties and Subscriber can access (or will not have access to) the different categories of collected information:

1. Use of Calculator Information. Running any calculation with a website calculator will require that you input certain Calculator Information. Calculator Information is encrypted as it passes through the Internet. The Calculator does rely on "session cookies" to operate which means the website will only use the information you input into the Calculator during your current session (or visit). Once you end your current session, the website will not save any Calculator Information unless you choose to send a non-encrypted email of the calculator proposal through the website (in the form of a weblink) to yourself and/or other person(s). Subscriber will not have access to any calculation unless you email a calculation weblink to Subscriber. Except for EU-based web visitors, Subscriber will see Form Information and Statistical Information about your page visits to the calculator and Statistical Information will: (1) be viewed as anonymous activity if your email address is not enewsletter connected; or (2) associate your page visit to your unique user activity profile if your email address is enewsletter connected.

2. Use of Form Information. All Form Information submitted through the website will be viewable by and accessible to Subscriber in the manner selected by Subscriber (such as behind a password-protected online account provided by Crescendo to Subscriber and/or by way of forwarded email to an email account established by Subscriber).

3. Use of Online Wills Planner Information. The OWP is designed for you, the account owner, to control the sharing of any OWP Information that you have included in your password-protected account. If you have created an OWP account, neither Subscriber nor any other party will have access to your OWP Information unless you have chosen to share your information consistent with the sharing permissions allowed by Subscriber and in accordance with the terms of use for the OWP. You can review more details about the sharing functions of the OWP when establishing or when logged into your OWP account.

4. Use of Statistical Information. Statistical Information will be made available to Subscriber behind a password-protected online account provided by Crescendo to Subscriber. Statistical Information may be incorporated into general analytics for use by Subscriber to understand how website visitors utilize the website and, if your email address is enewsletter connected or associated with an OWP account, may be used to combine your website and enewsletter history to compile a user activity profile for use by Subscriber to market planned giving information that might be most relevant or of greatest interest to you.

How Information Collected from this Website May be Used by Crescendo


Crescendo has access to information collected by this website. Crescendo will never disclose or share any information collected by the website to any third party except in cases consistent with this Privacy Policy. Crescendo may use the information collected by this website: (1) to facilitate the disclosure and sharing of information with you, Subscriber or others but only in ways consistent with this Privacy Policy; (2) for purposes of aggregating, collecting, studying and reporting website, enewsletter, calculator utilization, experiences and practices that are anonymous with respect to any website visitor; (3) for improving the website presentation and utilization and for troubleshooting purposes; and (4) in any circumstance where disclosure may be required by law, such as if Crescendo is compelled to disclose information due to a valid law enforcement request or subpoena.

EUROPEAN UNION PRIVACY RIGHTS NOTIFICATION


This specific section of the Privacy Policy only applies to persons defined as a "data subject" by the European Union's ("EU") General Data Protection Regulation ("GDPR"), which went into effect on May 25, 2018. GDPR is designed to protect the privacy rights of EU data subjects. This section of the Privacy Policy also contains information about the rights of a data subject and, if you are a data subject, this section of the Privacy Policy is here to make you aware of your rights.

In order to comply with GDPR, this website will operate differently when it is accessed from an internet protocol ("IP") address which Crescendo believes is based in the EU (an "EU Website Visit"). Specifically:

1. Consent. Each time you visit this website you will be presented with a notice about the website's privacy policy and that notice will require your consent to access the website.

2. Disabled Features. Certain features of this website that are otherwise described in this Privacy Policy will be disabled including: (a) the ability to send a weblink related to any Calculator output; (b) any web forms found on the website designed to allow a website visitor to contact Subscriber; (c) the Online Wills Planner; and (d) data collection and analytics related to an EU Website Visit. Accordingly, the website will not collect Calculator Information (except in the form of a "session cookie" in the event you use one of the Website's online Calculators during your visit), Form Information, OWP Information or Statistical Information about an EU Website Visit, notwithstanding and general terms described above.

Under GDPR, a "data subject" has certain rights, including:


1. Right to Notice. A data subject has the right to be notified about how his or her personal data will be stored or used. Consistent with those rights, you are advised that: (a) Crescendo is hosting this website for Subscriber; (b) Crescendo is based in Camarillo, California in the United States; (c) Crescendo's servers are based in the United States; and (d) this website is hosted on Crescendo's servers.

2. Right to Manage Data. A data subject has: (a) the right to request a copy, or report, of any personal data that the website or Subscriber has collected about the data subject; (b) the right to correct or rectify any personal data that is incorrect; and (c) the right to "be forgotten" which means the data subject can request to have his or her personal data erased or deleted.

3. Right to Object. A data subject has the right to object to and restrict the processing of his or her personal data. This right includes the right to object to processing of personal data for purposes of direct marketing. To exercise this right, any person may use the "unsubscribe" features contained in the footer of any email marketing communication received from Subscriber that relates to this website (such as the email newsletter that incorporates this website's weekly articles).

4. Right to Understand Data Retention. A data subject has the right to understand how data related to the use of any website will be used. As noted above, this website does not collect analytical or statistical information related to EU Website Visits (except for "session cookies" but only as previously disclosed). Crescendo regards information about any data subject that is provided by Subscriber to Crescendo ("Subscriber Data") to be the property of Subscriber to the maximum extent permitted by GDPR. Crescendo will never share Subscriber Data with any third party. Crescendo will store Subscriber Data on Crescendo's live database for as long as this website remains active and possibly for a longer period of time, as determined on a case-by-case basis, depending on: (i) the nature of Subscriber Data; (ii) the reason for collection, which is based on Subscriber's or Crescendo's operational needs; and (iii) consistent with written processing instructions that have been provided by Subscriber to Crescendo.

Under GDPR, Subscriber is acting as the data "controller" who is responsible for responding to any requests about any data subject's rights under GDPR. To contact Subscriber, please send an email to development@asbury.edu.

Interaction with "Do Not Track" Settings


Crescendo is making the following statement in compliance with California's Online Privacy Protection Act of 2003 ("OPPA"): If your website browser is set to "do not track," collection of any information by the website will conform to this Privacy Policy, regardless of whether your website browser is set to "do not track".

Protect Your Personal Information


None of the features on this website are designed to collect or manage information that might be regarded or defined under state law as Personal Information or Personally Identifiable Information (hereafter "PII"), which is often defined as your first name or initial and last name together with your Social Security number, your driver's license number and/or your bank or financial account numbers. Please take care to protect your PII. Please do not include any PII when submitting Calculator Information, Form Information or as part of any OWP Information through the website or any of its services.

Updating Collected Information


Questions regarding your options to review, modify or delete previously provided information should be directed to development@asbury.edu.

Updates to Privacy Policy


This Privacy Policy has been created and approved by Crescendo Interactive, Inc. Crescendo reserves the right to amend this Privacy Policy to reflect the current status of Crescendo's services, the operation of Crescendo's servers and technology, and/or to keep current with any legal requirements such as related to online privacy. If changes are made to this Privacy Policy, including related to GDPR, then the text of this Privacy Policy will be updated at this URL and the date at the end of the Privacy Policy will change to reflect the date of the most recent revisions. You may submit inquiries about this Privacy Policy to development@asbury.edu.

Links to Other Sites


This Privacy Policy applies to this website. This website, and incorporated content, features and programs, are supported by Crescendo Interactive, Inc. and are licensed to Subscriber under the product names of GiftLegacy or GiftLaw.

You may encounter links to other websites such as those belonging to Subscriber (including for purposes of making a current (cash) gift via credit card or other online payment system to Subscriber), various federal or state agencies within the United States or other external organizations. Please be aware that Crescendo is not responsible for the information practices or privacy policies related to these external websites or the organizations that host these websites. If you have comments about this website, its content, any associated emails, enewsletters or any calculator hosted on this website, please direct your comments to development@asbury.edu. Comments concerning the websites of external organizations should be directed to the external organizations named on those websites.

Important Disclaimer


This website is informational and educational in nature. This website is not offering professional legal, tax, accounting, financial or estate planning advice. All persons who use information from this website must seek their own independent and qualified professional advice. For specific advice about the effect of any gift planning concept on your legal, estate planning, tax, accounting or financial situation, please consult a qualified professional advisor.

Effective Date: May 25, 2018
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