Terms of Use/Privacy Policy

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Terms of Use

Last Updated:  May 31, 2024

Welcome to our website (“Site”) operated by the National Philanthropic Trust (“NPT,” “we,” and “our”). These terms of use (“Terms,”), which include our Privacy Notice found below, governs your use of our Site. By using our Site, you agree to these Terms. We may modify these Terms at any time by posting a revised version on our Site or, if we determine appropriate, by sending you an email or other notice. Please review these Terms from time to time because your continued use of our Site after modified Terms have been posted indicates your consent to the Terms.

NPT is a public charity dedicated to providing philanthropic expertise to donors, foundations and financial institutions to enable them to realize their philanthropic aspirations. NPT’s mission is to increase philanthropy in society. To that end, you may use our Site to visit one of our donor portal websites, NPT GivingPoint, GivingPoint or DonorView (collectively, “Donor Portal”) to manage your donor advised fund, to access our resource library, and to learn about charitable giving, including information tailored to meet the needs of individuals, nonprofit organizations, financial advisors and financial institutions.

Copyright

Content on our Site (“Site Content”) is protected by copyright. Except as expressly indicated otherwise in these Terms or on our Site, you may download Site Content solely for your limited, personal, non‑commercial use as long as you do not alter the Site Content or remove any trademark, copyright or other notices displayed on the Site Content. If you are a professional advisor, you may download multiple copies of materials that are presented as downloadable solely for your research and reference (but not for redistribution for any commercial purpose or any at a charge) as long as you do not alter the Site Content or remove any trademark, copyright or other notices. Aside from expressly permitted uses, you may not reproduce, distribute, create derivative works of, publicly display or perform the Site Content in any manner, including extracting information or data for use in a database or any other purpose, without NPT’s prior written consent in each case. If you would like to use Site Content for any other purpose, please send your request to dataprivacy@nptrust.org.

Trademarks

Our name and our trademarks and service marks, including “National Philanthropic Trust,” “NPT GivingPoint,” “GivingPoint,” “Independent Charitable Gift Fund” and all logos, slogans, and other indicia of source, including NPT’s logo (collectively, “Our Trademarks”) are owned by NPT. You may not use Our Trademarks without NPT’s prior written consent in each case, including in any manner that implies that NPT sponsors, endorses or is otherwise the source of or affiliated or connected with a product, service, entity or activity or that would be likely to cause confusion among the public. For example, you may not use Our Trademarks without our consent in a manner that creates the mistaken belief that we have authorized or licensed such use.

Access to Site Content

You may freely access the public areas of our Site. You may sign up to receive newsletters and educational information and to attend events and participate in other activities. To obtain access to features on password protected areas of our Site, such as the Donor Portal, you will need to register on our Site and, where required, to sign applicable forms. If you sign up or register on behalf of an organization, you warrant that you have authority from the organization to bind the organization to our Terms and Privacy Notice.

Our Site is intended to: (i) provide the public with information regarding charitable giving; (ii) and allow a donor (and others who have been expressly authorized in accordance with NPT policies and procedures) to view and/or manage donor advised fund and other giving accounts, initiate contributions and make grant and investment allocation recommendations. Anyone who accesses an account is bound by all terms and conditions applicable to the account.

You are responsible for all activity under your donor advised fund account in the Donor Portal. You must keep your username and password confidential, and you may not give any person who has not been authorized in accordance with NPT’s policies and procedures access to your account.  Please notify us immediately if you become aware that anyone has obtained or attempted to obtain unauthorized access to your donor advised fund. You represent and warrant that all information you provide on our Site is accurate and complete. We reserve the right, in our sole discretion, to suspend or terminate access to an account and to our Site at any time if we suspect the person has not complied with these Terms or for other reasons that we determine in good faith are necessary or appropriate, including if we suspect the person is using or attempting to use our Site in any way that violates Terms, our policies and procedures or any applicable law or regulation.

Unless you notify us immediately about any security breach concerning your username and password, we will assume that all instructions and information entered using your username and password have been authorized by you, and we will have no obligation to inquire about instructions and no responsibility or liability to you or to any other person for any claims regarding use of your username or password. Accordingly, you should take steps to protect the confidentiality of your username and password and you accept full responsibility for the monitoring of your account. Nevertheless, if we suspect that someone has accessed an account without being authorized in accordance with our policies and procedures (even if done with an account holder’s permission), we reserve the right to deny access or decline recommendations or other instructions and you agree to cooperate with us in any investigation and take corrective measures to protect your account from further fraudulent activity.

Additional agreements, terms, conditions, policies and rules (“Additional Terms”) may be provided specifically for certain services on our Site. Subject to applicable law, the Additional Terms will apply to those services as well as these Terms, although if any terms conflict, the Additional Terms will prevail unless expressly stated otherwise.

Conduct On Site

You agree not to use our Site for any purpose that is unlawful or prohibited by these Terms, including attempting to or actually: (i) undertaking or encouraging conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any local, state, Federal or international law or regulation; (ii) interfering with the operation or integrity of the Site or circumventing any Site security; (iii) imposing an unreasonable load on the Site’s infrastructure or infecting the Site with viruses, worms or other malicious elements; (iv) accessing any restricted areas of the Site without appropriate authorization in accordance with our policies and procedures or for which we have revoked your access; (v) collecting or scraping data about other users or harvesting data from the Site using robots, spiders, scripts, software or any manual or automatic device, tool or process to populate databases or collect Site Content, data or information for any purpose; (vi) providing false or misleading information; (vii) “deep linking,” “framing” or “mirroring” any Site Content; (viii) using the Site Content or any user data for the development of any software program, model, algorithm or generative artificial intelligence (“AI”) tool, including but not limited to training, fine tuning or otherwise using the Site Content or user data in connection with the development or operation of a machine learning or AI system; or (ix) uploading any unlawful, threatening, misleading or false information or material that infringes any intellectual property or other right or that constitutes unsolicited advertising or other forms of solicitation such as “spam,” “junk mail” or “pyramid schemes.”

Links, Frames and Metatags

Unless you have obtained our prior written consent in each case, you may not: (A) frame the content of our Site on any other web site; or (B) use metatags or any other “hidden text” that incorporates Our Trademarks, or words confusingly similar to Our Trademarks.

Third-Party Sites

Our Site may include links to web sites controlled and maintained by third parties (“Third-Party Sites”).

You may also link to and from NPT’s social media sites for additional news. NPT is not responsible for Third-Party Sites and providing links with Third-Party Sites or the ability to share content does not mean NPT endorses any Third-Party Site’s content, activities, policies or practices. Any information you share with or actions you take on Third-Party Sites are governed by the applicable Third-Party Sites terms of use and privacy notices, which you should review carefully. You hereby release NPT from any claim of any nature, known or unknown, that you may ever have arising from your use of any Third-Party Site, and you waive all rights and benefits under California Civil Code Section 1542, which states that “a general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party” as well as the benefits under similar laws in other states.

Disclaimers

OUR SITE, SERVICES AND CONTENT ARE OFFERED “AS IS” AND “AS AVAILABLE.”  TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND WITH RESPECT TO OUR SITE, SERVICES AND CONTENT, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THE PURPOSE HAS BEEN DISCLOSED TO US) AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY SERVICES OR CONTENT AVAILABLE THROUGH OUR SITE (OR THROUGH LINKS TO THIRD-PARTY SITES), INCLUDING THAT OUR SITE, SERVICES OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OTHER ISSUES CONCERNING OUR SITE, SERVICES AND CONTENT.  IF YOU RELY ON OUR SITE, SERVICES OR CONTENT, YOU DO SO ENTIRELY AT YOUR OWN RISK.

ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS OR OTHER HARMFUL ELEMENTS TO OUR SITE, WE DO NOT WARRANT THAT OUR SITE, SERVICES OR CONTENT WILL BE FREE FROM SUCH ELEMENTS AND NPT IS NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO THEM.

YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR CREATING, UPDATING AND STORING ANY NECESSARY BACKUP AND ARCHIVAL COPIES OF DATA AND ACCOUNT INFORMATION AS MAY BE NEEDED IN CASE OF ANY COMPUTER NETWORK OR OTHER SYSTEM FAILURE.

Limitation of Liability

NPT AND ITS DIRECTORS, TRUSTEES, OFFICERS, EMPLOYEES AND AGENTS ARE NOT LIABLE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON ANY LOSS, DAMAGE, LIABILITY OR INJURY ARISING FROM YOUR USE OF OUR SITE, SERVICES OR CONTENT OR FROM YOUR BREACH OF THESE TERMS. UNDER NO CIRCUMSTANCES WILL NPT OR ITS DIRECTORS, TRUSTEES, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR SIMILAR DAMAGES (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA) ARISING OUT OF OR RELATED TO YOUR USE OF OUR SITE, SERVICES OR CONTENT OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY. OUR AGGREGATE LIABILITY TO YOU FOR ANY DIRECT OR OTHER DAMAGES OF ANY NATURE ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, OUR SITE IS $US 100. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

No Investment, Tax or Legal Advice

Information and material available through our Site is solely for convenience and educational and informational purposes. It does not constitute investment, financial, tax, accounting or legal advice and should not be relied upon in that respect. We suggest that you consult an attorney, accountant and/or financial advisor to answer any financial or legal questions.

Indemnification

You agree to indemnify and hold NPT and its directors, trustees, officers, employees and agents (the “indemnified parties”) harmless against all liabilities, losses, damages and costs (including reasonable attorneys’ fees) that any of the indemnified parties may incur arising out of or related to your use of our Site, services or content or your violation of these Terms. NPT reserves the right to assume the exclusive defense and control of any matter for which we are entitled to indemnification. You agree to provide us with all cooperation we reasonably request.

Termination

We reserve the right to terminate these Terms, our Site, and any services or content offered through our Site at any time without notice for any reason. The “Disclaimers,” “Limitation of Liability,” “Indemnification” and “General” sections of these Terms (along with any other provision that by its terms contemplates survival) will survive any termination.

General

These Terms, which include the Privacy Notice and, as applicable, Additional Terms, are the complete agreement between you and NPT regarding your use of our Site and supersede all other agreements (oral or written) between you and NPT. These Terms are governed by and should be construed according to the laws of the Commonwealth of Pennsylvania applicable to agreements made and performed there, unless doing so would lead to the application of the laws of another jurisdiction. If you choose to access our Site from jurisdictions other than the United States, you do so at your own risk, and you are responsible for complying with applicable local laws. You irrevocably hereby agree: (A) to bring any claim or dispute relating to your use of our Site and these Terms exclusively in the state and federal courts located in the Commonwealth of Pennsylvania and County of Montgomery; (B) to submit to the exclusive jurisdiction of those courts; and (C) to waive any objection to those courts based on inconvenience or other reasons. You may not assign your rights under these Terms without NPT’s prior written consent, and any attempted assignment will be null and void. If a court of competent jurisdiction determines that any provision of these Terms is unenforceable for any reason, then that provision will be deleted (or, if possible, modified in a manner that will reflect the original intent as closely as possible) and the remaining provisions will be enforceable to the fullest extent permitted by law. The failure of a party to assert any right under these Terms will not be considered a waiver of that party’s right unless the waiver is in writing. The term “including” in these Terms is intended to be illustrative and means “including without limitation.”

Questions

Please contact us at National Philanthropic Trust, 165 Township Line Road, Suite 1200, Jenkintown, PA 19046 (Attn General Counsel) or (888) 878-7900 or npt@nptrust.org, with any questions you may have about these Terms.

Privacy Policy

National Philanthropic Trust (NPT) adheres to the following documents that define principles and establish model standards of practice:

NPT’s Privacy Notice

Overview

Protecting your privacy is a fundamental component of our service. Since our founding, National Philanthropic Trust has been committed to maintaining the confidentiality, integrity and security of personal information entrusted to us by existing donors, potential donors and their respective advisors. Article 5 of the General Data Protection Regulation (“GDPR”) states that Personal Data must be processed lawfully, fairly and in a transparent manner. Please read the following carefully to understand our views and practices regarding your Personal Data and how we collect, process and destroy it.

For purposes of this Privacy Notice, the following terms will be defined as follows:

  • “Personal Data” or “Personal Information” means any information about an individual from which that person can be identified. Personal Data and/or Personal Information does not include data from which you cannot be identified(i.e., anonymous data).
  • “Special Categories” means more sensitive personal data which require a higher level of protection, including information about your race or ethnic origins, political opinions, sex life or sexual orientation, religious beliefs and health data.

Who we are and how to contact us

National Philanthropic Trust, located at 165 Township Line Road, Suite 1200 Jenkintown, PA 19046, United States, is considered a controller of your Personal Data under GDPR. We determine the purpose for which, and manner in which, any Personal Data is processed as set out in this Notice.

What types of Personal Data do we collect?

NPT collects both anonymous data and Personal Data volunteered by you. Personal Information is anything which enables you to be identified in some way, such as your name and an email address. The types of Personal Information collected might include name, date of birth, e-mail address, postal address, telephone number, and bank transfer details. We also use “cookies,” which are text files placed on your computer, to collect information about how the site is used. For more information about our use of cookies and similar technologies, please see our Cookie Notice.

Lawful basis for data processing

Where we process your Personal Data as your data controller, we rely on the following (as applicable):

  • Consent: We may ask for your consent for our use of your Personal Information for a specific purpose. You always have the right to withdraw your consent.
  • Performance of Contract: We will rely on performance of contract as a legal basis when we process your data to perform a contract we have entered into with you or to take steps at your request prior to entering into one.
  • Legitimate Interest: We may sometimes rely on our or a third party’s legitimate interest in processing your Personal Data. We will only rely on legitimate interest when we have balanced the legitimate interest against your fundamental rights (see below for additional detail); and
  • Legal Obligation: We  will process your Personal Data as necessary to comply with legal obligations to which we are subject, including the Internal Revenue Code of 1986, as amended, as it relates to the disclosure of donor names on IRS Form 990 (Return of Organization Exempt from Income Tax).

Purpose of data collected

You may, at times, be asked to supply Personal Information, for example when you inquire about our activities, request information, open a donor-advised fund or other philanthropic account, make a contribution or recommend a grant. NPT also collects data when you visit our website. We use this Personal Information for the following purposes:

  • to analyze, evaluate and improve our work and services;
  • to provide updates on our work and for marketing purposes;
  • to ensure we are not contacting people who have asked us not to contact;
  • to satisfy legal obligations that are binding on us;
  • for the prevention of fraud or misuse of services;
  • for the establishment, defense or enforcement of legal claims;
  • to conduct identity, know-your-client, and anti-money-laundering checks;
  • to understand more about how the site is used by visitors;
  • to provide you with the services, products or information you have requested and communicate with you in general; and
  • for administration purposes.

If you do not provide certain Personal Information when requested, we may be limited or unable to provide you with the services you have requested.

NPT may need to share your Personal Information with financial service partners, associated organizations and agents for these purposes. If you supply such information, NPT is legally bound to ensure that such information is only used for the purpose for which it was requested (including the purposes set out in this Notice) and also to ensure that the data is held securely.

Who we share our information with

There may be times when we are required, by law, to pass on some of your Personal Data to:

  • Law enforcement agencies; government bodies; tax authorities; courts tribunals and complaints/dispute resolution bodies; or
  • Other bodies as required by law or regulation

We also reserve the right to disclose your Personal Information to third parties:

  • when you open a donor-advised fund account in one of our private label programs with a financial service partner, we may share your Personal Information with such financial service partner;
  • in order to process the movement of funds with respect to your donor-advised fund account, such as contributions, fees, and grant payments, using third-party processors, such as PayPal;
  • in the event of a business sale, purchase or reorganization, or other business transaction, in which case your Personal Information may form part of the transferred assets;
  • with our professional advisors (e.g. lawyers), where necessary to protect our interests; and
  • in connection with any legal proceedings or prospective legal proceedings, in order to establish, exercise or defend our legal rights.

Otherwise we will not share Personal Information about you with third parties without your consent.

Retention

NPT will retain your Personal Data only for as long as necessary to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal or tax requirements, in accordance with the organization’s Data Retention Policy.

Your rights and your personal data

Please be aware that you have the following data protection rights:

  • The right to be informed about the Personal Data NPT collects from and processes about you;
  • The right to access Personal Data NPT processes about you;
  • The right to ratification of your Personal Data where you believe it to be inaccurate;
  • The right to erasure of your Personal Data in certain circumstances;
  • The right to restrict processing of your Personal Data;
  • The right to data portability in certain circumstances;
  • The right to object to the processing of your Personal Data; and
  • The right not to be subject to automated decision making and profiling.

Please note that these are legal rights subject to exemptions, and that we may ask for additional information to confirm your identity before disclosing Personal Information requested to you.

You can exercise these rights by contacting us using the contact details below.

Further processing

Where we may seek to further process your Personal Data for reasons other than the original purpose for which it was collected, NPT shall process such data in a manner compatible with the original purpose.

Safeguarding measures

NPT has put in place appropriate security measures to prevent your Personal Data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your Personal Data to those employees, agents, contractors and other third parties on a ‘need to know’ basis. They will only process your Personal Data on our instructions and they are subject to a duty of confidentiality. NPT will only transfer Personal Data to a third party if they agree to comply with those procedures and policies, or put in place adequate measures prior to receiving it. Maintaining data security means guaranteeing the confidentiality, integrity and availability (for authorized purposes) of the Personal Data.

We have put in place procedures to deal with any suspected Personal Data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

Special categories of data

We may, in certain cases and only as permitted by law, process Personal Data which are more sensitive in nature – for example, when undertaking a Know Your Client / Anti-Money Laundering (“KYC-AML”) check.  While performing our KYC-AML checks, we may come across a past criminal conviction or other similar information about your past.

Legitimate interests

We may process your Personal Information under the “Legitimate Interests” legal basis. Where this is the case, we will have carried out a “Legitimate Interests Assessment” pursuant to which we weigh your interests and any risk posed to you against our own, and confirm that such processing is a proportionate and appropriate way to further the legitimate interests.  Our legitimate interests will include, for example general administrative purposes, purposes related to Human Resources, marketing and/or day-to-day operations.

Marketing

When sending marketing materials to advisors and/or donors (or other recipients), we may have the option to rely on the advisor’s or donor’s consent, or on Legitimate Interest. We only rely on the Legitimate Interests legal basis for marketing if we have assessed that the information being sent is beneficial to the recipient, and we have weighed our interests against the recipient’s own and there is little to no risk posed, the method and content is non‑intrusive, and the material being sent is something the recipient would usually expect to receive.

In other circumstances, we are required to obtain consent to send marketing materials – for example, where we are sending marketing to individuals by electronic means (such as email and SMS).

You can always opt-out of receiving marketing material from us, by contacting us using the details in this Notice. This does not apply to purely administrative materials that we send to you, and other non-marketing communications.

How to contact us

If you want to review, change or update the Personal Information that you have provided to us; request that you be removed from a mailing list; or address any other privacy concerns you may have, please contact our office toll-free at (888) 878-7900, or by putting your request in writing to National Philanthropic Trust, Data Privacy Team, 165 Township Line Road, Suite 1200, Jenkintown, PA  19046. These requests can also be made via email to: DataPrivacy@NPTrust.org.

Changes to our Privacy Notice

NPT reserves the right to amend this Privacy Notice.  Any changes we may make to our Privacy Notice in the future will be posted on this page and, where appropriate, notice will be provided to you by email.