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policies & disclosures

GoFundMe.org is committed to transparency. Please review our policies and disclosures so you are aware how we protect your privacy and manage your donations. Effective as of June 2016.

FIELD OF INTEREST FUND POLICIES

These policies describe how GoFundMe.org field of interest funds work. Please review these policies carefully.

What is a field of interest fund?

A field of interest fund is a fund established on the books of GoFundMe.org that is dedicated to supporting a particular mission, or “field of interest”. Donors contribute money or other property to the GoFundMe.org, which holds the contributions in a segregated fund. GoFundMe.org then makes expenditures from the fund in support of the particular field of interest. Such expenditures can include grants to further the charitable interests of the fund, whether to organizations or to individuals, or direct expenditures in support of the field of interest.

Contributions to the fund

Once a field of interest fund (a “Fund”) is established, the Fund can receive donations from other donors, including donors on a crowdfunding site, at any time. GoFundMe.org may reject, in its sole discretion, any contribution.

All contributions to the Fund are irrevocable gifts to GoFundMe.org. The Fund is the property of GoFundMe.org, and GoFundMe.org has ultimate discretion and control over all property in the Fund, including any income the Fund earns. All contributions to the Fund are subject to GoFundMe.org‘s variance power, which means that at all times GoFundMe.org retains full discretion and control over the Fund. However, the Fund can only be used for the restricted purposes set forth in the Field of Interest Fund Statement establishing a particular Fund.

Distributions from the fund

All grants and distributions from the Fund must be exclusively for charitable or educational purposes, as those terms are used in Section 170(c)(2) of the Internal Revenue Code (the “Code”). All grants and distributions must also further GoFundMe.org’s charitable and educational purposes, as determined by GoFundMe.org in its sole discretion.

Management of the fund

Investment of the Fund. GoFundMe.org has full discretion and control over the investment of Fund assets. Funds may be pooled with other assets for investment purposes. Fund investment activity will be tracked separately, regardless of how the assets are held.

Income. All income (including gains) earned on assets held in the Fund will be allocated to the Fund.

Administrative Fees. GoFundMe.org may assess an administrative fee against the Fund based on the amount of donations to the Fund.

Other Expenses. GoFundMe.org may in its sole discretion deduct from the Fund any costs, including legal fees, that GoFundMe.org incurs with respect to the Fund.

DONOR ADVISED FUND POLICIES

The policies outlined below describe how GoFundMe.org donor advised funds work. Please review these policies carefully.

What is a donor advised fund?

A donor advised fund permits future grants for charitable purposes while maximizing the donor’s current tax benefits. The donor contributes money or other property to GoFundMe.org, which holds the contributions in a segregated fund. The donor (or others named by the donor) may then recommend grants from the donor advised fund.

Grants from the fund

Eligible Grant Purposes. All grants from the Fund must be exclusively for charitable or educational purposes, as those terms are used in Section 170(c)(2) of the Internal Revenue Code (the “Code”). All grants must also further GoFundMe.org’s charitable and educational purposes, as determined by GoFundMe.org in its sole discretion. In addition, if the Donor Advised Fund Agreement or communications to donors to the Fund indicate a specific purpose for the Fund, then all grants from the Fund must comply with the stated purpose restriction. GoFundMe.org may, from time to time, notify the Advisors of suitable grant recipients.

Eligible Grant Recipients. GoFundMe.org will only make grants from the Fund to U.S. charitable organizations that are tax-exempt public charities; U.S., state, or local government organizations qualified to receive tax deductible charitable contributions, such as state colleges or universities; private operating foundations; or certain non-U.S. organizations. GoFundMe.org will not make grants from the Fund to individuals.

Restricted Organizations and Purposes. GoFundMe.org will not approve recommendations for grants:

  • to non-functionally integrated Type III supporting organizations;
  • to supporting organizations that are controlled by or that provide support to organizations controlled by any Advisor, or certain family members or affiliates (as defined below) of such people;
  • to private non-operating foundations;
  • that are for lobbying, political campaigns or other political activities; or that are for any purpose that is not entirely charitable.

Enforceable Pledges. In general, no Advisor may recommend a grant that would discharge or satisfy (in whole or in part) a legally enforceable pledge or other obligation, including a pledge or other obligation of any Advisor or their family members or affiliates.

“Family members” means spouses, registered domestic partners, ancestors, children, grandchildren, great grandchildren, brothers and sisters, as well as the spouses or registered domestic partners of children, grandchildren, great grandchildren, brothers, and sisters.

An entity is an “affiliate” of a person if it is a corporation at least 35% owned (by voting stock), or a partnership at least 35% owned (by profits interest), or a trust at least 35% owned (by beneficial interest) by such person and/or such person’s family members.

Return Benefits. No Advisor may recommend a grant that would cause or enable any Advisor or family members or affiliates of such people, to receive a return benefit, such as the opportunity to attend a fundraising dinner or event. Grants with prohibited return benefits include so-called “bifurcated” grants, in which attendance at an event (or the receipt of any other benefit) is paid for separately but contingent on receipt of a charitable contribution or grant.

Management of the fund

Investment of the Fund. GoFundMe.org has full discretion and control over the investment of Fund assets. Funds may be pooled with other GoFundMe.org assets for investment purposes. Fund investment activity will be tracked separately, regardless of how the assets are held.

Income. All income (including gains) earned on assets held in the Fund will be allocated to the Fund.

Administrative Fees. GoFundMe.org may assess an administrative fee against the Fund.

Other Expenses. GoFundMe.org may in its sole discretion deduct from the Fund any costs, including legal fees, that GoFundMe.org incurs with respect to the Fund. Certain grants, intensive due diligence, or Advisor-requested research may incur extra fees.

Reporting. GoFundMe.org will provide to each Advisor on a quarterly basis a report on the status of the Fund. The report will include additional contributions by the initial donor or other donors, earnings on investments, charitable grants from the Fund, and fees deducted. GoFundMe.org may provide additional reports upon request.

Termination

Upon termination of the Fund any remaining advisory privileges will end. However, prior to termination, the primary donor may express his or her recommendation to GoFundMe.org at any time regarding the distribution of Fund assets upon termination of the Fund.

No Remaining Advisors. The Fund will terminate if at any point there is no Advisor to the Fund.

Fund Minimum Balance. If the Fund balance remains below $5,000 for three consecutive months, GoFundMe.org will attempt to notify the Advisor(s). If GoFundMe.org does not receive either a grant recommendation or additional funds for contribution into the Fund within 90 days of such attempted notification, GoFundMe.org may in its sole discretion terminate the Fund.

Minimum Activity. When GoFundMe.org has received no grant recommendations from any Advisor to a Fund for 12 consecutive months, GoFundMe.org will request grant recommendations in each quarterly statement thereafter. If 18 consecutive months pass with no grant recommendations from any Advisor, GoFundMe.org may in its sole discretion terminate the Fund.

STATE NONPROFIT DISCLOSURES

Certain states require written disclosures for nonprofit organizations soliciting contributions. Individual state disclosures are below.

Florida: A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL INFORMATION MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES BY CALLING TOLL-FREE, WITHIN THE STATE, 1-800-435-7352 (800-HELP-FLA), OR VISITING www.FloridaConsumerHelp.com. REGISTRATION DOES NOT IMPLY ENDORSEMENT, APPROVAL, OR RECOMMENDATION BY THE STATE. Florida Registration #53599

Georgia: A full and fair description of our programs and our financial statement summary is available upon request at our office and phone number indicated above.

Maryland: For the cost of copies and postage, from the Office of the Secretary of State, State House, Annapolis, MD 21401.

Mississippi: The official registration and financial information of GoFundMe.org may be obtained from the Mississippi Secretary of State’s office by calling 1-888-236-6167. Registration by the Secretary of State does not imply endorsement.

Nevada: Contributions may be tax deductible pursuant to the provisions of sec. 170(c) of the Internal Revenue Code of 1986, 26 U.S.C. ¤170(c).

New Jersey: INFORMATION FILED WITH THE ATTORNEY GENERAL CONCERNING THIS CHARITABLE SOLICITATION AND THE PERCENTAGE OF CONTRIBUTIONS RECEIVED BY THE CHARITY DURING THE LAST REPORTING PERIOD THAT WERE DEDICATED TO THE CHARITABLE PURPOSE MAY BE OBTAINED FROM THE ATTORNEY GENERAL OF THE STATE OF NEW JERSEY BY CALLING (973) 504-6215 AND IS AVAILABLE ON THE INTERNET AT www.state.nj.us/lps/ca/charfrm.htm. REGISTRATION WITH THE ATTORNEY GENERAL DOES NOT IMPLY ENDORSEMENT.

New York: Upon request, from the Attorney General’s Charities Bureau, 28 Liberty Street, New York, NY 10005, 1-212-416-8686 or www.charitiesnys.com.

North Carolina: Financial information about this organization and a copy of its license are available from the State Solicitation Licensing Branch at 1-919-814-5400. The license is not an endorsement by the state.

Pennsylvania: The official registration and financial information of GoFundMe.org may be obtained from the Pennsylvania Department of State by calling toll-free, within Pennsylvania, 1-800-732-0999.

Washington: From the Secretary of State at 1-800-332-4483 or http://www.sos.wa.gov/charities/
West Virginia: West Virginia residents may obtain a summary of the registration and financial documents from the Secretary of State, State Capitol, Charleston, WV 25305.

Wisconsin: A financial statement of the charitable organization disclosing assets, liabilities, fund balances, revenue and expenses for the preceding fiscal year will be provided to any person upon request.

REGISTRATION WITH A STATE AGENCY DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, APPROVAL OR RECOMMENDATION BY THAT STATE.

Privacy Policy

Effective as of: July 13, 2022.

We are GoFundMe.org, a 501(c)(3) public charity (EIN: 81-2279757). This Privacy Notice (“Notice”) describes and governs how we collect, use, share and protect information collected in the context of mission and charitable purpose: to provide fast and effective relief to victims of disaster; to fund educational and other charitable initiatives (“Services”). Before you use or submit any information through or in connection with the Services, please carefully review this Notice. By using any part of the Services, you acknowledge the collection, use, and disclosure of your information as outlined in this Policy.

If you are in the European Economic Area, the United Kingdom or Switzerland (collectively “Europe”):

  • for the purposes of the EU General Data Protection Regulation 2016/679 (the “GDPR”), the data controller is GoFundMe.org and can be reached at info@gofundme.org; and
  • you acknowledge you have read and understood its terms.

INFORMATION WE COLLECT

GoFundMe.org does not collect information from you unless you send it to us directly or donate to us through our use of online donation platforms.

Information You Send. You may send us your information in connection with a donation or grant, or as an inquiry. This may include your full name, email address, home or work address, phone number, bank records, or any other information you choose to provide us.

Information from Other Services. GoFundMe.org may use third party services so that we can raise money for a cause or organization. For example, it may use a crowdfunding platform such as GoFundMe or Facebook. In those cases, if you permit it, your information as a donor on such platforms may be sent to GoFundMe.org.

Information That is Passively or Automatically Collected. When you interact with GoFundMe.org, we may receive information from the devices you use to learn about us or donate to us. This includes browser information or ip addresses which may identify the city or country from where you logged into view our site.

OUR USE OF INFORMATION COLLECTED

GoFundMe.org uses the information collected in a manner that is consistent with this Notice. We use the information that you provide for the following purposes:

Communicating With You. We process this information as necessary (i) to fulfill our obligations under our contract with you or in order to take steps at your request prior to entering into a contract, or (ii) for our legitimate interest, such as, to maintain our relationship with you or to protect you and us against fraud.

Legal. We process information to comply with legal obligations.

OUR DISCLOSURE OF INFORMATION COLLECTED

There are certain circumstances in which we share information collected with certain third parties without further notice to you, as set forth below.

Business Transfers. As we develop our organization, we might sell or buy business or assets. In the event of a sale, merger, reorganization, dissolution, similar event or steps taken in anticipation of such events, user information may be part of the transferred assets.

Agents, Consultants, Vendors and Related Third Parties. GoFundMe.org contracts with other companies to perform certain organizational functions on GoFundMe.org’s behalf, and we provide access to or share your information with these companies. Examples of such functions include issuing grants or processing donations. We limit the personal information provided to these service providers and entities to that which is reasonably necessary for them to perform their functions, and we require them to agree to maintain the confidentiality of such information

Legal Requirements. GoFundMe.org can access, disclose, transfer and preserve your information when we have a good faith belief that doing so is necessary to: (i) comply with the law including with subpoenas, search warrants, court orders, and other legal process; and respond to inquiries or requests from government, regulatory, law enforcement, public authorities, or content protection organizations; (ii) protect and defend the legal rights, privacy, safety or property of GoFundMe.org, its employees, volunteers agents, contractors, or its users; (iii) permit us to pursue available remedies, commence, participate in, or defend litigation, or limit the damages we may sustain; or (iv) enforce this Notice.

Your Consent. In certain situations, we may share your information in the event that you consent to the sharing of your information. For example, we may partner with third party organizations to arrange for specific fundraisers. If you consent to our providing your contact information to a specific partner, we share, with the partner organization, your name, email address and other information you’ve provided in connection with your donation to the specific fundraiser.

LINKS TO OTHER WEBSITES

This Notice applies only to the activities of GoFundMe.org. Our site may link to other web sites not operated or controlled by GoFundMe.org, which is operated by a different entity (the “Third-Party Sites”). The policies and procedures we described here do not apply to the Third-Party Sites. The links from our site do not imply that GoFundMe.org endorses or has reviewed the Third-Party Sites. We suggest contacting those sites directly for information on their respective privacy policies. That said, we use the GoFundMe Platform often, and thus provide the link to the privacy policy for that Third-Party Site here.

RETENTION OF YOUR INFORMATION

We retain your information for as long as we deem necessary for the purpose for which that information was collected and for our legitimate business operations; provided, however, that your information is only retained to the extent permitted or required by applicable laws. When we no longer need to retain your information, we will take reasonable steps to remove it from our systems and records and/or take steps to anonymize it so that you can no longer be identified from it in accordance with our internal document retention policies.

USERS IN EUROPE

If you are located in Europe, you have the right to ask for an overview of the information we process about you, and for a copy of your information. In addition, you may request us to update and correct inaccuracies, delete your information, restrict processing of your information, or exercise your right to data portability to easily transfer your information to another company. In some cases, you may object to the processing of your information and where we have asked you for your consent to process your information, you can withdraw it at any time. You may also withdraw a previously given consent for processing your personal information; the withdrawal of consent shall not affect the lawfulness of the processing based on consent before its withdrawal. The above rights may be limited under applicable law.

You can make a request to exercise any of these rights in relation to your information by sending the request to us at info@gofundme.org For your own privacy and security, at our discretion, we may require you to provide your identity before providing the requested information. Please note that GoFundMe.org may take up to 30 days to fulfill such requests.

The above rights can be limited under applicable law. You also have the right to lodge a complaint with the local data protection authority if you believe that we have not complied with applicable data protection laws. You also have the right to lodge a complaint with the supervisory authority of your residence, place of work or where the incident took place.

CHANGES TO THE PRIVACY NOTICE

GoFundMe.org reserves the right to update or modify this Notice at any time and from time to time. We will notify you of any material updates or changes we make to this Notice. If you disagree with our revisions to the Notice, please stop visiting the site. Please review this Notice periodically for any updates or changes.

By visiting our site, you acknowledge that you have read and understood the terms of the Notice as updated or modified.

CONTACTING GOFUNDME.ORG

Please also feel free to contact us if you have any questions about this Notice at info@gofundme.org.

Document Retention Policy

Reasons for Policy 

Federal and state laws require GoFundMe.org (the “Organization”) to maintain certain records, usually for a certain amount of time.  The accidental or intentional destruction of certain records during those minimum amounts of time could result in the following consequences for GoFundMe.org and/or those employees of GFM Inc that dedicate their time to GFM.org (“Supporters”): 

  • Fines and penalties; 
  • Loss of rights; 
  • Obstruction of justice charges;
  • Spoliation of evidence claims;
  • Contempt of court charges; and 
  • Serious disadvantages in litigation. 

GoFundMe.org must retain certain records because they contain information that have enduring business value (e.g., it provides a record of a business transaction, evidences GoFundMe.org’s rights or obligations, protects its legal interests or ensures operational continuity) or are required by legal, accounting or regulatory rules and regulations. 

GoFundMe.org prohibits the inappropriate destruction of any records, files, documents, and other forms of information.   

Types of Documents & Retention Requirements

This Document Retention Policy (this “Policy”) covers all types of information created, received or transmitted in the transaction of GoFundMe.org’s business, regardless of whether the information is stored in electronic or non-electronic form. 

In general, any paper records and electronic files, including any records of donations made online, must be retained until the end of the seventh (7th) year in which the transaction occurred or following termination of the contract (including extensions or renewals.).  Electronic records such as emails will be retained for five (5) years and interoffice communications such as Slack will be retained for one (1) year. Accounting and financial records will be for at least seven (7) years unless otherwise indicated in the attached Record Retention Schedule. Jon Siller, the Organization’s Records Management Officer, and GFM’s Legal Department will ensure that those departments where permanent record retention is required, are aware of the documents covered by the longer standard.  Please see the attached Record Retention Schedule for further clarity around the types of records to be retained and the related retention period.

A record must not be retained beyond the period indicated herein, unless a valid business reason (or a litigation hold or other special situation, as described below) calls for its continued retention.  If you are unsure whether to retain a certain record, contact the Records Management Officer or the GFM Legal Department. 

Mandatory Compliance: 

Supporter Responsibilities.  

All Supporters must comply with this policy.  Failure to do so may subject GoFundMe.org, and/or its Supporters to serious civil and/or criminal liability.  A Supporter’s failure to comply with this Policy may result in disciplinary action, up to and including suspension or termination. 

Administrative Responsibilities.  

The GFM Legal Department and Records Management Officer are responsible for training Supporters on the requirements of this Policy and for compliance.  They are also responsible for maintaining and reviewing this Policy annually to ensure that any changes in or additions to the law or GoFundMe.org’s business are addressed. 

Reporting Policy Violations.  GoFundMe.org is committed to enforcing this Policy.  The effectiveness of GoFundMe.org’s efforts, however, depends largely on its Supporters.  If you feel that you or someone else may have violated this Policy, you should report the incident immediately to your supervisor.  If you are not comfortable bringing the matter up with your immediate supervisor, or do not believe your supervisor has dealt with the matter properly, you should raise the matter with the Records Management Officer and/or the GFM Legal Department.  To the extent possible, reports of violations of this Policy may be made on a confidential basis. 

 Litigation Holds and Other Special Situations 

All Supporters should note the following general exception to any stated retention schedule:  

If you believe, or a member of the GFM Legal Department informs you, that GoFundMe.org records are relevant to current litigation, potential litigation (that is, a dispute that could result in litigation), government investigation, audit or other event, you must preserve and not delete, dispose, destroy or change those records, including e-mails, until the GFM Legal Department determines those records are no longer needed.  This exception, usually referred to as a litigation hold or legal hold, replaces any previously or subsequently established destruction schedule for those records.  If you believe this exception may apply, or have any question regarding whether it may possibly apply, please contact the GFM Legal Department. 

In addition, you may be asked to suspend any routine document disposal procedures in connection with certain other types of events, such as merger & acquisition activity or the replacement of GoFundMe.org’s IT systems. 

Supporter Questions 

Questions About the Policy. Any questions about this Policy should be referred to the GFM Legal Department at GFMLegal@gofundme.com.  Technical questions can be sent to Jon Siller at Jon@gofundme.com

Whistleblower Policy

I. Purpose

The purpose of this Whistleblower Policy (“Policy”)  is to encourage and enable employees, volunteers, board members, and other stakeholders of GoFundMe.org, a California public benefit corporation and 501(c)(3) public charity (the “Organization”), to report any improper conduct or illegal activities within or involving the Organization, without fear of retaliation. 

GoFundMe.org is committed to maintaining a culture of integrity, accountability, and transparency. The Organization encourages anyone who has concerns about conduct that does not align with these values to speak up without fear of retaliation.

This Policy is intended to comply with federal and California state laws and ensure that the Organization operates ethically, lawfully, and in accordance with its mission.

II. Reporting Responsibility

Each director, officer, employee, and volunteer of GoFundMe.org is expected to report any conduct they reasonably believe constitutes:

  • A violation of federal, state, or local law,
  • Unethical business conduct,
  • Fraud, corruption, or waste,
  • Discrimination, harassment, or abuse, or
  • Any other action that could potentially harm the Organization’s reputation or mission.

III. No Retaliation

No employee, board member, volunteer, or stakeholder who, in good faith, reports a violation or suspected violation shall suffer harassment, retaliation, or any adverse employment or professional consequence. Anyone who retaliates against someone who has reported a concern in good faith is subject to discipline, up to and including termination of employment or removal from the board or volunteer position.

This Policy is intended to encourage and enable employees and others to raise serious concerns within the Organization before seeking resolution outside the Organization.

IV. Reporting Violations

  1. Reporting Procedure
  • Employees: Employees should promptly report any concerns to their immediate supervisor. If the employee is not comfortable reporting to their supervisor or if they are not satisfied with the supervisor’s response, they are encouraged to escalate the concern to the Organization’s Chairman of the Board, the Executive Director or any member of the Board of Directors.
  • Volunteers and Other Stakeholders: Volunteers, contractors, or others associated with the Organization may report their concerns directly to the Chairman of the Board, the Executive Director or any member of the Board of Directors.
  • Anonymous Reporting: Reports may be submitted anonymously to the Chairman of the Board, Executive Director or any member of the Board of Directors. Anonymous reports will be handled with the same seriousness and diligence; however, anonymity may limit the Organization’s ability to investigate or resolve the concern thoroughly.
  1. Reporting Channels
    Reports can be submitted via email. Written reports should include as much detail as possible to aid in the investigation, including names, dates, specific actions, and supporting documentation, if available.

V. Compliance Officer

The Chairman of the Board shall serve as the Organization’s Compliance Officer. The Compliance Officer is responsible for investigating and resolving all reported complaints and allegations concerning violations of this Policy and shall advise the Board of Directors or an appointed committee on any issues and findings. 

  1. Handling of Reported Violations


Upon receipt of a report of a potential violation, the Compliance Officer will:

  • Acknowledge receipt of the concern as soon as reasonably practicable (unless the report is submitted anonymously);
  • Conduct a prompt and thorough investigation of the alleged misconduct;
  • Interview all relevant parties and gather any necessary evidence;
  • Report on all findings to the Board of Directors or an appointed committee; and
  • Recommend corrective actions, if necessary, based on the findings.

All reports will be treated as confidential to the extent possible, consistent with the need to conduct a thorough investigation and take any necessary corrective action. The identity of the whistleblower will be protected, unless the individual agrees to be identified, or identification is required by law.

VII. Acting in Good Faith

Anyone filing a report concerning a violation or suspected violation must be acting in good faith and have reasonable grounds for believing the information disclosed indicates a violation. Any allegations that prove to have been made maliciously or knowingly false will be viewed as a serious disciplinary offense and may result in disciplinary action, up to and including termination of employment or volunteer duties.

VIII. Dissemination of Policy

This Policy will be made available to all employees, board members, volunteers, and stakeholders of GoFundMe.org. New employees and volunteers will receive a copy of this Policy as part of their orientation.

IX. Annual Review 

The Board of Directors will also review this Policy annually to ensure its effectiveness and compliance with legal and ethical standards.