policies & disclosures

FIELD OF INTEREST FUND POLICIES

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

DONOR ADVISED FUND POLICIES

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

STATE NONPROFIT DISCLOSURES

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

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.

2. 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.