Privacy Policy

The Travis Manion Foundation (“TMF”) is a 501(c)(3) nonprofit corporation committed to protecting the privacy and confidentiality of personal information entrusted to us. TMF uses reasonable commercial efforts to avoid disclosure of information which is confidential, privileged or nonpublic other than in accordance with this Privacy Policy.

What is Personal Information?

This Privacy Policy is applicable to all users (“Users”) of the TMF website found at www.travismanion.com (the “Website”) and all Users of the Website who provide personal identifiable information (“PII”). When this Privacy Policy uses the term PII, we mean information that identifies a particular individual, such as the individual’s full name (first name and surname together), postal address, and email address. Some jurisdictions may call PII “personal data” or “personally identifying information” and may include opinions about or related to a User within the definition of PII. We sometimes refer to PII in this Privacy Policy as “personal information.”

What Is the Scope of Our Privacy Policy?

This Privacy Policy addresses our policies and procedures relating to the personal information of individuals. This Privacy Policy is intended to assist you in understanding TMF’s policies and procedures relating to our management of personal information and is applicable to TMF, its successors and assigns, and any affiliates of TMF. This Privacy Policy is applicable to PII of all Users of the Website.

Personal and Other Information Collected by TMF

TMF collects personal information that is voluntarily provided by you when you explore the Website, make a donation, purchase merchandise, communicate with us by mail, telephone or electronically. The type of information we collect and maintain may include:

• Your name, mailing address, and email address
• Your telephone number
• Your gender
• Your date of birth
• Your purchase/donation history
• Your forum/guestbook communications and photos
• Complaints you may have about the Website and any of its content and offerings
• Your status as a veteran

This type of information is collected, used and disclosed in accordance with the form of consent required by applicable law and its use is limited to the objectives for which it was collected, as described in this Privacy Policy.

We may collect information through technology for routine system administration purposes, to make our Website more interesting and useful to you, or to manage content delivery. We use this information to understand which areas of our Website are most appealing or least appealing, or to deliver content that is specific to your country or area of residence.

TMF may also collect information that is stored in cookies, and we may associate this information with your personal information. Cookies are small pieces of information stored on your hard drive, not on our Website. We use cookies for a number of reasons. Cookies allow you to store your password without having to constantly re-enter it. Cookies also help us to tailor messages that better match your needs and interests, and they allow us to better understand how Users in general use our Website, which in turn helps us to focus our resources on features that are most popular with our Users. You are always free to decline our cookies if your browser permits, but some parts of our Website may not work properly if you do so.

Consent

We reserve the right to collect, distribute and use your personal information, without consent where required or permitted by law.

Otherwise, personal information will be collected, used and disclosed in accordance with the form of consent required by applicable law and its use will be limited to the objectives for which it was collected as described herein. The form of your consent can vary from implied consent to express consent, depending upon the circumstances and the sensitivity of the type of information collected. We will rely on implied consent when we can reasonably conclude that you have given your consent by your action (e.g., by giving us your name and contact information so that we may send any merchandise you have ordered) or inaction (e.g., by not exercising an ability to opt-out that is provided to you at the time your contact information is collected). This Privacy Policy identifies the purposes for which your personal information is collected, used and disclosed. Additional consent will be obtained from you should we wish to use or disclose your personal information for any additional purpose.

Why Does TMF Collect Personal Information?

TMF collects personal information for the following reasons:

1. To provide you with the information, products or services you have requested, including processing your payment or donation;
2. To better understand you and to allow us to serve you better through more detailed information, enhanced customer service and directed The Travis Manion Foundation promotional efforts of particular interest;
3. To properly investigate and respond to any challenges, questions or concerns you may have about our service or our Website; and
4. To determine your eligibility for our products and services.

If you opt in to receive information, offers, promotions or other content from TMF, your information will be used to provide you with offers for TMF products or information that we believe may interest you and to solicit your opinion on our services and information. If you have opted in to receive such information and offers, we may also use your personal information to ensure that your contact information is accurate and up to date.

What Kind of Personal Information Does TMF Disclose, to Whom and Why?

TMF may share your personal information with certain TMF affiliates, and their respective successors and assigns, but only to the extent necessary to fulfill the purposes identified above. In addition to this sharing with affiliates, TMF may disclose your personal information to third parties as follows:

1. To Third Parties To Perform Processing and Other Specialized Services: At times, TMF may use outside organizations to perform specialized services such as, but not limited to, credit card processing and order fulfillment. These service providers are only given the information needed to perform those services and they are bound contractually to protect the privacy and security of your information and to limit the use of your information to the service being provided.

2. To Third Parties in the Event of Legal Reasons: We advise you that we may disclose personal information to the government or other legal or regulatory authorities (i) if so ordered by a court of law, or (ii) for other legal reasons, such as (a) to comply with legal process such as a search warrant, subpoena or court order; (b) to protect the TMF’s rights and property; (c) to investigate reports of fraud or of Users sending material using a false email address or Users sending harassing, threatening, or abusive messages; (d) to protect against misuse or unauthorized use of our Website; or (e) in emergencies, such as when we believe someone’s physical safety is at risk. In some cases, disclosure may be required by law to be without notice to you.

3. To a Third Party in the Event of a Significant Transaction or Other Event: In the case of any significant transaction or event involving TMF or any of its affiliated entities such as, by way of example, a sale, merger, amalgamation, financing, re-organization, liquidation, or insolvency, other parties to the transaction and their professional advisors may need to have access to TMF’s various databases as part of the due diligence process. In this event, TMF would only provide such access under terms of a strict confidentiality agreement. Also, upon completion of the transaction or event, your personal information would be transferred to TMF’s successor-in-interest to be used for the purposes for which it was collected.

How Long Does TMF Retain Personal Information?

We keep your information for a period reasonably necessary to meet the purposes for which it was collected or to comply with any legal requirements, including statutory retention periods. When your personal information is no longer required for a specific purpose or legal requirement, it will be erased from our records.

What Security Measures Does TMF Have in Place To Safeguard Personal Information?

TMF has implemented physical, electronic and administrative measures to protect your information from error, loss or unauthorized access. For example, we use industry-standard efforts, such as encryption, passwords and firewalls to safeguard the confidentiality of your personal information contained on our computer systems. In addition, our employees and any third parties we use are contractually bound to protect the confidentiality of your information and access is restricted to those with a need to know the information to carry out the identified purpose.

Where is my Personal Information Located?

Your personal information may be stored and processed in servers, including those of our authorized third parties, located in the United States. These servers shall always be subject to the safeguards described in this Privacy Policy to protect against unauthorized collection, use or disclosure, and you shall be able to access the personal information stored in such servers in accordance with this Privacy Policy.

Non-Personal Information

Non-personal or aggregated information is information that cannot be associated with or traced back to a specific person. When Users browse our Website, for example, we gather information about the number of Users who are viewing each page so that we can learn what features generate the most interest. We also use this data, both aggregated and personally identifiable, to personalize and enhance your onsite experience by displaying content that we believe will be of interest to you and to deliver content that is specific to your interest. We may disclose anonymous, aggregated information about our Website to third parties.

Links to Third Party Sites

Users may, through hypertext or other computer “links,” gain access to other websites on the Internet which are not operated or monitored by TMF. TMF is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TMF of the website or content linked to. TMF ASSUMES NO RESPONSIBILITY FOR ANY MATERIAL OUTSIDE OF THE WEBSITE OPERATED BY TMF AND ITS AFFILIATES, INCLUDING ANY WEBSITE WHICH MAY BE ACCESSED THROUGH A LINK ON A TMF-OPERATED WEBSITE. Unless otherwise indicated at a TMF-operated website, TMF is not sponsored by or affiliated with the linked website, and trademarks used in connection with linked website are not trademarks of TMF. TMF specifically disclaims responsibility for any inadvertent viewing by a minor of any material intended for adults on a website accessed through use of a linked website.

How To Control How Your Personal Information is Collected, Used and Disclosed

You have control over how we collect, use and disclose your personal information. Any comments, questions or changes regarding the collection, use and disclosure of your personal information shall be directed to a TMF representative, as described below.

You may choose not to receive email from us, even after granting permission, by unsubscribing. Instructions on how to unsubscribe from emails that are not related to processing of your transactions with us are included in each such email.

A request for a copy of the personal information we keep about you, depending on the laws of your country, must be made in writing giving details with which TMF can identify you. Information will be furnished in accordance with applicable law.

Questions, Comments or Accessing or Updating Your Personal Information:

If you have any questions or comments about TMF’s Privacy Policy, would like to advise us how you would like your personal information not to be used or disclosed, or would like to access or update your personal information please contact our webmaster at administrator@travismanion.com. You can also write to us at The Travis Manion Foundation, P.O. Box 1485, Doylestown, PA 18901.

Please note that certain information is required by TMF to process payment and fulfill any orders or donations that you may place through the Website, and if you withdraw your consent to the collection, use or disclosure of your personal information for these purposes, then TMF will not be able to fulfill your orders or process donations.

Acceptance of Privacy Policy

This Privacy Policy outlines the information usage practices of TMF. By accessing, browsing or using this Website or by submitting your personal information to TMF, you signify your agreement to the terms and conditions of this policy. If you do not agree to this policy, please do not submit your personal information to us. We reserve the right, at our discretion, to change, modify, add or remove portions of this Privacy Policy at any time. If, at some point in the future, there is a material change to our information usage practices that affects your personal information, you will be notified of such change by a conspicuous posting on the Website and will be prompted to elect whether or not you agree to the change. Depending on the changes made, you may be unable to utilize the Website if you choose not to agree to a modification to this Privacy Policy. If any future change affects our payment processing and order fulfillment functions, or if you withhold your consent, we may not be able to continue to process payments or fulfill orders from you. Your acceptance of a revised policy, which may be communicated by clicking to indicate your consent for the continued provision of your personal information to TMF following the effective date of any changes to this Privacy Policy, shall mean that you have accepted those changes, subject to your continuing right to notify us at any time as to how you would like us to treat your personal information.

Governing Law

This Privacy Policy shall be governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law provisions. Any dispute concerning this Privacy Policy or your use of the Website shall be submitted to binding arbitration in Pennsylvania within one (1) year from the date that the cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose), with such arbitration conducted pursuant to the then prevailing rules of the American Arbitration Association. To the fullest extent permitted by law, no arbitration brought pursuant hereto shall be joined to any other action or any other arbitration initiated pursuant hereto. If any portion of this Privacy Policy is deemed unenforceable, unlawful or void by a court of competent jurisdiction, then that portion of the Privacy Policy will be deemed severable and will not affect the enforceability or validity of the remaining portions of this Privacy Policy.