Last Modified: 2021-10-28

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1. Acceptance of this Privacy Policy

Stonebeach Partners, LLC (the “Company,” “we,” “us” or “our”) respects the privacy of all visitors and is committed to protecting their privacy through this Privacy Policy. This Privacy Policy applies to your access to and use of www.fundfly.com, any external widgets, or our corresponding application programming interfaces (API’s) (collectively, the “Website”) and any services (including fundraising services), content, links, functionality, features, products, materials, or other items (including, but not limited to, all information, data, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) offered or obtained on or through the Website (collectively, “Content”). This policy does not apply to information collected on any third-party website or by any third-party application that may link to or be accessible from the Website.

By accessing the Website and its Content, you (“you,” “your” or “yourself”) consent to the data practices described in this Privacy Policy. Please read this entire Privacy Policy carefully to understand our policies and practices regarding your personal information and how we treat it before you start to use the Website. If you do not agree with the data practices in this Privacy Policy, you must exit the Website.‍

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2. Changes to Our Privacy Policy

We may modify the terms of this Privacy Policy from time to time. We will post any changes we make to this Privacy Policy on this page. If we make material changes to this Privacy Policy, we will notify you through a notice on the Website’s home page. We reserve the right to make the revised or changed notice effective for information we already have about you as well as any information we receive in the future. The date this Privacy Policy was last modified is identified at the top of the page. You should check this page every time you use the Website to take notice of any changes we made, as they are binding on you. All material changes shall apply prospectively only. By continuing to use the Website following the posting of changes to this Privacy Policy, you accept those changes.

3. Scope of Privacy Policy

You understand and acknowledge that this Privacy Policy applies to information collected by the Website and does not apply to information collected by third-party websites, even if a link to a third-party website appears on the Website. We are not responsible for the data practices of third-party websites.

4. Children’s Privacy

You understand and acknowledge that: (a) the Website is not intended for children under 13 years of age; (b) in order to comply with the Children’s Online Privacy Protection Act, we do not knowingly or intentionally collect any personal information about children under 13 years of age; and (c) if we obtain actual knowledge that we have collected personal information about a child under 13 years of age without verification of parental consent, that information will be immediately deleted from our database. If you are under 13 years of age, you must not: (a) make any donations through the Website; or (2) send any information about yourself to us or any third party through the Website (including your name, address, telephone number, or e-mail address). If you believe that we might have any information from or about a child under 13 years of age, please contact us at support@fundfly.com.

5. Information Collected

We may request at times that you voluntarily supply us with personal information to register an account on or make a donation through the Website. Such personal information includes any information that may be used to identify you (including, but not limited to, first and last name, home or other physical address, email address, and additional information that you may choose to provide us).

We may request at times that you voluntarily supply our payment processors with financial information. Our payment processors may request to collect your credit card, automatic clearing house (“ACH”), or other payment instrument details and other financial information necessary to process your donation.

We may request at times that you voluntarily supply us with personal information that is necessary to directly process your received donation funds to your student loan account. Such personal information includes any information that may be used to identify you, your student loan account, and the entity that holds your student loan account (including, but not limited to, first and last name, address on file for the student loan account, you associated accounts’ routing and account numbers, email address, and additional information necessary to process the received donation funds to your student loan account).

As you navigate through the Website, we may also collect: (a) details of your visits to the Website, (including, but not limited to, traffic data, location data, logs, and other communication data and the resources that you access); and (b) information about your computer and internet connection (including, but not limited to, your IP address, operating system, and browser type, for system administration). This is statistical data about your equipment, browsing actions, and patterns, and does not identify you personally.

6. Use of Information

By entering personal information on the Website, you consent to our use of your personal information for purposes related to the Website, its Content and any other the services offered and/or provided on, or in connection with the Website. Without limiting the foregoing, by giving us personal information you are giving us, as well as our third-party service providers, permission to contact you and/or send information about services and offerings. By using the Website to give a donation or transfer donated funds to a student loan account, you consent to our or our payment processor’s use of the necessary personal and financial information for their related purposes.

We and our Website use various technologies to collect and store information when you visit our Website, and this may include using cookies or similar technologies to identify your browser or device. The cookies help us analyze how the Website is used and help us improve it. Use of cookies enable us to: (a) estimate our audience size and usage patterns; (b) store information about your preferences, allowing us to customize the Website according to your individual interests; (c) speed up your searches; and (d) recognize you when you return to the Website. You may refuse the use of cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of the Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system may issue cookies when you direct your browser to the Website.

7. Disclosure of Information

We may disclose personal information that you provide via the Website to the following:

a. Our subsidiaries and affiliates

b. Contractors, employees, agents, and service providers we use to support our business.

We may also disclose your personal information to third parties under the following circumstances:

a. We are legally required to respond to subpoenas, court orders, or legal process.

b. We believe it is necessary for us to establish or exercise our legal rights or defend against legal claims.

c. We believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms of Service, or as otherwise required or permitted by law.

d. We are a party to a merger, divestiture, restructuring, reorganization, dissolution, or any other form of sale of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the Company about its participants is among the assets transferred.

8. Disclosure of Aggregated, Non-Personal Information

We may share collected aggregated and non-personal information with third parties to conduct research, enhance our services, or for any other legally permissible use.

You recognize and acknowledge that we cannot control the use of information that you provide in public forums, including but not limited to, profile pages, campaign pages, chat rooms, and message boards. You must not hold us responsible if information you have revealed in a public forum is used in a way which violates this Privacy Policy or the law.

9. Accessing and Correcting Your Personal Information

You may send us an e-mail at [CUSTOMER SUPPORT EMAIL ADDRESS] to request access to, correct, or delete any personal information that you have provided to us.

10. Information Protection

We take reasonable measures to protect the confidentiality, security, and integrity of the personal information collected from you. Personal information is stored in secure operating environments that are not available to the public and that are only accessible to authorized employees. We also practice measures to protect against the loss, misuse, and alteration of the information under our control. Unfortunately, there is no such thing as perfect security. As a result, although we strive to protect personally identifying information, we cannot ensure or warrant the security of any information transmitted to us through or in connection with our Website, that we store on our systems or that is stored on our service providers’ systems.

11. Retention of Information

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

When determining the retention period, we take into account various criteria, such as the type of products and services requested by or provided to you, the nature and length of our relationship with you, possible re-enrolment with our products or services, the impact on the services we provide to you if we delete some information about you, mandatory retention periods provided by law and the statute of limitations.

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12. Links

The Website may contain links to other websites. You must not hold us responsible for the content on other websites or for the privacy policies or any other policies on those websites. This Privacy Policy applies solely to information collected by the Website.‍

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13. Do Not Track

Online tracking technology allows website operators to collect personally identifiable information about you as you move through websites and other online service providers. When enabled from most browser privacy settings, a “do not track” (“DNT”) signal or request notifies a website operator that you do not wish to be tracked online. As currently constituted, we only track your movement within the Website.

However, some third-party sites keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. Third parties cannot collect any other personally identifiable information from our Website unless you provide it to them directly.

We do not honor DNT requests, and we do not treat visitors who make DNT requests differently from visitors who do not make DNT requests. We also do not differentiate between visitors who make DNT requests and visitors who do not make such requests, when it comes to collecting or using personally identifiable information.

14. MEDIATION AND ARBITRATION; JURY TRIAL AND CLASS ACTION WAIVER

EXCEPT AS OTHERWISE DESCRIBED IN THESE TERMS OF SERVICE OR THE PRIVACY POLICY, BY USING THE WEBSITE OR CONTENT, YOU AGREE THAT DISPUTES BETWEEN THE COMPANY AND YOU WILL BE RESOLVED BY BINDING, INDIVIDUAL MEDIATION OR ARBITRATION, AND YOU WAIVE THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.

Any dispute arising from these Terms of Service which cannot be resolved by the parties in good faith after making the best effort for a period of not less than 15 days, shall first be submitted to mediation with a neutral mediator agreed upon by the parties, with the cost of the mediator to be borne equally by them. In the event the parties are unable to mutually agree upon a mediator, the Company has the exclusive right to select the mediator. If a dispute cannot be resolved through mediation, the parties agree to submit to binding arbitration with a neutral arbitrator mutually agreed upon by the parties. The cost of binding arbitration will be borne by the parties equally. In the event the parties are unable to mutually agree upon an arbitrator, the Company has the exclusive right to select the arbitrator. The place of arbitration shall be Lake County, Indiana and Indiana law shall apply. The parties further agree that the parties will perform any award rendered by the arbitrator, and that a judgment of any court having jurisdiction may be entered on the award.

15. Governing Law; Venue

Except as described above in Section 14, this Privacy shall be governed by and construed in accordance with the laws of the State of Indiana, regardless of any conflicts of law principles. You and the Company submit to the exclusive jurisdiction of the Indiana state courts in Lake County, Indiana or federal courts in the Northern District of Indiana for any and all actions or proceedings arising out of or relating to these Terms of Service, with the exception that we may bring any action or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You must waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

16. Visitors from Outside of the United States

The Company is headquartered in the United States. Information collected on the Website is subject to United States law, which may not be equivalent to the laws in your country. By using the Website, you consent to your information being transferred to our facilities and to the facilities of those third parties with whom we share it as described in this Privacy Policy.

17. Your Comments and Concerns

If you would like to contact us with any concerns about your personal information or this Privacy Policy, please email us at support@fundfly.com. We welcome your questions and comments.

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