Privacy Policy

Effective:  May 1, 2024

Last reviewed:  May 1, 2024

  1. Processing of Personal Data

    1. ICAN Fund, Inc. (referred to, together with its affiliates, if any, throughout as “ICAN Fund”, “our”, “we”, or “us”) is committed to ensuring your privacy and the confidentiality of your personal data, which is defined as any information which is related (whether directly or indirectly) to an identified or identifiable natural person or household or is reasonably capable of being associated with or could reasonably be linked to a particular person or household (“Personal Data”). By accessing or using our website located at www.icanfund.us and all associated websites linked to it by us (collectively, the “Website”), participating in an event, and/or communicating with us, you consent to this Privacy Policy. In case you do not agree to any part of it, you must inform us in writing (email being sufficient) and discontinue using our Website. If you have any questions, please contact us at https://www.icanfund.us/contact.

    2. We collect Personal Data such as your name, email address, source of connection, geolocation, communication contents you may make with us directly and interactions with our Website.

    3. We process, collect, and share Personal Data for the following purposes, and we will only process Personal Data on the lawful basis specified:

      1. To provide our services to you, including as necessary among our subsidiaries and affiliates.

      2. To communicate with you, including to maintain our list of contacts and/or to provide you with other information you may request from us.

      3. For research purposes, including to develop, improve, maintain, and facilitate the operation of our Website.

Legal Basis for Processing (i-iii):

        1. We have a legitimate interest in carrying out the processing (to the extent such interest is not overridden by your fundamental rights or freedoms); or 

        2. We have obtained your prior consent to the processing.

      1. To process your requests.

Legal Basis for Processing (iv):

        1. The processing is necessary to comply with a legal obligation; 

        2. We have a legitimate interest in carrying out the processing (to the extent such interest is not overridden by your fundamental rights or freedoms); or 

        3. We have obtained your prior consent to the processing.

      1. To respond to law enforcement requests or as required by applicable law, court order, governmental regulations, or our policies.

Legal Basis for Processing (v):

        1. The processing is necessary to comply with a legal obligation; or

        2. We have a legitimate interest in carrying out the processing (to the extent such interest is not overridden by your fundamental rights or freedoms).

      1. To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by us about our Website users is among the assets being contemplated for transfer or being transferred.

Legal Basis for Processing (vi):

        1. The processing is necessary in connection with a contract we may enter into with a third party, or to take steps prior to us entering into a contract with a third party;

        2. We have a legitimate interest in carrying out the processing (to the extent such interest is not overridden by your fundamental rights or freedoms); or 

        3. We have obtained your prior consent to the processing.

      1. We may process your Personal Data to manage our information technology and communications systems, including for the purpose of security audits.

Legal Basis for Processing (vii):

        1. The processing is necessary to comply with a legal obligation; 

        2. The processing is necessary in connection with a contract you may enter into with us, or to take steps prior to entering into a contract with us;

        3. We have a legitimate interest in carrying out the processing (to the extent such interest is not overridden by your fundamental rights or freedoms); or 

        4. We have obtained your prior consent to the processing.

    1. We do not sell your Personal Data to third parties.

    2. When processing, collecting, and sharing your Personal Data, we rely on your consent to this Privacy Policy. You have the right to withdraw consent at any time, although such withdrawal will not make any processing, collecting, or sharing we carried out while we had your consent unlawful.

    3. We restrict use and access to your Personal Data to those who have a need to know. Appropriate technical and organizational measures maintain the confidentiality and integrity of your Personal Data.

    4. If you are in the European Economic Area (“EEA”), we grant you the data protection rights as per the European Union’s General Data Protection Regulation (“GDPR”): You have the right to be informed by us of any processing of your Personal Data, including how we collect, use, and disclose your Personal Data, and obtain a copy thereof to verify the lawfulness of processing (“right of access”). If you are affected by incorrect or incomplete Personal Data, you may request rectification or completion of relevant data (“right to rectification/right to correct”). You may request the deletion of your Personal Data (“right to erasure”) or a temporary processing restriction in certain cases (“right to restriction of processing”). You may object to the processing of your Personal Data (“right to object”), and you have the right to receive your Personal Data in a structured, commonly used, and machine-readable format or to have your Personal Data transferred to another data controller if technically feasible (“right to data portability”). To the extent we process your Personal Data based on your consent, you may withdraw your consent, without affecting the lawfulness of our processing based on your consent before its withdrawal. Please contact us at https://www.icanfund.us/contact to exercise any of your rights enumerated in this clause. Only you may make requests related to your Personal Data under this Clause. Your request must provide sufficient information that allows us to reasonably verify you are the person about whom we or our service providers collected Personal Data or an authorized agent thereof, which may include: (1) personal information, including your IP address and/or unique device identifiers and (2) the nature of your request. Your request must include enough detail to allow us to respond to it. To verify your request, we will compare the information you provide in your request to any Personal Data we maintain about you. Note that we may need to request additional information from you beyond the information already maintained in order to verify your identity or understand the scope of your request, although you will not be required to create an account with us to submit a request or have it fulfilled. We shall delete any new personal information collected for verification as soon as practical.

    5. We store your Personal Data only for as long as necessary to respond to requests and/or as required by applicable laws and/or best practice retention requirements.

    6. In case you are dissatisfied with any aspect of processing your Personal Data, please contact us at https://www.icanfund.us/contact. You may also contact the data protection supervisory authority in your country of residence.

    7. If we plan to use Personal Data for a new purpose, we will update this Privacy Policy and communicate the changes to you before starting any new processing.

  1. State Privacy Law Rights

    1. Depending on the state where you reside, you may have certain additional privacy rights, subject to statutory limitations.

  • Right to Know and Access:  You may have the right to request information about the personal data that we collect, use, disclose, share and sell.  This includes the ability to request the specific pieces of personal data we have collected about you.

  • Right to Delete:  You may have the right to request that we delete certain personal data that we have collected from you, under certain circumstances.

  • Right to Correct:  You may have the right to request that we correct any inaccurate personal data that we hold about you.

  • Right to Opt Out of Sales and Sharing or Using for Targeted Advertising:  You may have the right to direct us not to sell or share your personal data and to opt out of certain targeted advertising where information is processed across unaffiliated or differently branded websites and applications.  We do not engage in any such sales or sharing of your personal data.

  • Right to Limit the Use of Sensitive Information:  You may have the right to request that we limit the use and disclosure of sensitive information to certain purposes permissible under applicable law.  

  • Right to Opt Out of Profiling that Produces Legal or Similar Effects:  We do not profile individuals for purposes to which this right applies.

  • Right to Non-Discrimination:  We may not discriminate against you for exercising your rights with respect to personal data.  We are permitted to change our service level or change the rate we charge if that change is reasonably related to the value of your information.

    1. These rights are not absolute, are subject to exceptions and limitations and may not be afforded to residents of all states.  If any of the above rights are available to you under applicable law, you may submit a request to exercise those rights through any of the methods described in this Privacy Policy.  If your request is denied, applicable law may provide you the right to lodge an appeal with us.  The response to your rights request will inform you of any appeal rights you may have and tell you how you may exercise them.

  1. Cookie Policy

    1. The Website and our service providers may use cookie technology to collect additional user and usage data. Cookies contain data that identifies you during your use of our Website. We and our service providers may use session cookies to better understand how you use our Website, to monitor aggregate usage by our users, and to improve our Website.

    2. On some pages of the Website, other organizations may also use cookie technology.  They may do so to help you sign into their services from the Website, to monitor the performance of the services they integrate into the Website or to customize the services they provide to you.  Any such third-party cookie usage is governed by the policy of the third party placing the cookie.  The Website cannot access these third-party cookies, and such other organizations cannot access the cookies that ICAN Fund uses on the Website.

    3. You may use your browser software to stop accepting cookies or to warn you before accepting a cookie. If you choose not to accept cookies, parts of the functionality of the Website operated by us may be impaired.

  2. Analytics

    1. ICAN Fund may use Google Analytics to improve the performance of the Website and for analytics purposes. Through the use of cookies, Google Analytics collects Personal Data, such as online identifiers, network location, website usage and behavior, and data related to your device. For more information about how Google Analytics uses cookies, please visit: https://developers.google.com/
      analytics/devguides/collection/analyticsjs/cookie-usage      . Google’s ability to use and share information collected by Google Analytics about your visits to the Website is governed by Google Analytics Terms of Services and Google Privacy Policy (https://policies.google.com/privacy). You may prevent your data from being used by Google Analytics by downloading the Google Analytics opt-out add-on available at: https://tools.google.com/dlpage/gaoptout.

  3. Links to Other Websites; Payment Processors

    1. The Website may contain links to other websites not operated or controlled by us (“Third-Party Sites”). The information you share with Third-Party Sites will be governed by the specific privacy policies and terms of service of such Third-Party Sites and not by this Privacy Policy. By providing these links, we do not imply that we endorse or have reviewed these sites. Please contact these sites directly for information on their privacy practices and policies.

    2. If you make any donation through the Website, the transaction may be processed by our service providers or third parties (“Payment Processors”).  The information you share with Payment Processors will be governed by the specific privacy policies and not by this Privacy Policy.  Your donation may be made via the Website, or you may be redirected to a Third-Party Site for payment.  If your donation is made via the Website, we may require certain payment information (including credit card information) in order to process the transaction.  If you are redirected to a Third-Party Site for payment, please contact such site directly for information on its privacy practices and policies.

  4. Privacy of Children

    1. Our Website is not directed to children under the age of 13 and we do not knowingly collect Personal Data from children under the age of 13. No one under the age of 13 may provide any Personal Data to us on the Website. If you are under 13, do not use or provide any information on our Website. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from, or about, a child under 13, please contact us at https://www.icanfund.us/contact. 

  5. Notice to EU Residents

    1. Our Website is accessible to EU residents, and therefore, we may need to transfer Personal Data in connection with the purposes set out in this Privacy Policy. In particular, if this involves transferring your Personal Data from inside to outside the EEA, we will take steps to ensure your information remains adequately protected in accordance with this Privacy Policy and applicable law, including the GDPR. The destination of a transfer for your Personal Data may be to the United States or any future location where we may operate. These locations may have different laws and data protection compliance requirements, including data protection laws of a lower standard than those that apply in the country in which you are located. However, if we make such a transfer of your Personal Data, we will take steps to ensure that the privacy of your Personal Data is respected by ensuring that one of the following safeguards is put in place:

      1. Binding corporate rules;

      2. Appropriate contractual clauses; or

      3. Other valid transfer mechanisms.

  6. Updates to Privacy Policy

    1. We may update our Privacy Policy from time to time, in particular due to changes in applicable law. 

    2. When we change the Privacy Policy in a material way, a notice will be posted on our Website along with the updated Privacy Policy.

    3. Your continued use of our Website following the posting of any such update constitutes your acceptance of the changes made.