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Making Waves Education Foundation operates http://www.making-waves.org (the “Site”). This page informs you of our policies regarding the collection, use and disclosure of Personal Information (as defined below) we receive from users of the Site. We refer to these policies as our “Privacy Policy.”
We use your Personal Information for operating, maintaining and improving the Site and to share our latest updates (only with your authorization once you provide us with your Information). Please review this Privacy Policy carefully before accessing and using the Site. By accessing or using the Site, you agree to the collection and use of Personal Information in accordance with the Privacy Policy.
If you have not done so already, please also review our Terms of Use, as they contain important information regulating your access to and use of the Site.
We collect information you give to us and information we get from your use of our Site, as more fully described below. We refer to this information as “Personal Information.”
While using our Site, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to, your name, email address, company name, role in the company, phone number, billing address, residential address and business address.
Like many site operators, we collect information that your browser sends whenever you visit our Site (“Log Data”).
This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Site that you visit, the time and date of your visit, the time spent on those pages and other statistics.
You agree that you will not use our Site to post, transmit or distribute, or cause to be posted, transmitted or distributed, any material that (1) violates any local, state, national or international laws; (2) violates the proprietary rights, intellectual property rights (including without limitation copyright and trademark rights), rights of privacy or publicity, moral rights, rights of attribution, or any other related rights of others; (3) is intended to advertise or solicit business including but not limited to any multi-level marketing scheme; (4) purports to be provided by another person; (5) is obscene, harassing, threatening, defamatory, libelous, or abusive; or (6) is a chain letter or part of a pyramid scheme. You agree not to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity. You agree not to “stalk” or otherwise harass another or store personal data about other users. You may not introduce any material into our Site that contains any viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere with, or appropriate our Site or any information residing on our Site.
You agree not to mirror or frame the Site or any content, place pop-up windows over its pages, or otherwise affect the display of its pages. You agree not to use the Site to generate unsolicited email advertisements or spam. You agree not to interfere in any way with the proper functioning of the Site or interfere with or disrupt any servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site. You agree not to use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on the Site or the content contained on any such web page for commercial use without our prior express written permission. We reserve the right to delete any information you post on our Site that we in our sole discretion determine to be inaccurate, in violation of law or otherwise in violation of our policies.
If you use, or attempt to use, our Site or its content for improper purposes including without limitation tampering, hacking, modifying, or otherwise corrupting the security of our Site, you will be responsible for all damages including, but not limited to, criminal prosecution and civil and criminal penalties.
We respect the rights of copyright owners and expect you to comply with U.S. copyright law. We have procedures in place to protect the rights of copyright owners in the event of alleged infringement, in accordance with the Digital Millennium Copyright Act (“DMCA”). If you believe that your copyright is being infringed by any material viewed on this Site, please send a notice, in accordance with the DMCA, to our designated agent.
We reserve the right to expel users and prevent their further access to this Site for violating these terms or the law and reserve the right to remove any communications from this Site.
We may terminate or suspend access to our Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You acknowledge that the Site contains Site Material. Our Site Material may include technical inaccuracies or typographical errors. We reserve the right to make changes and updates to any information contained on our Site without prior notice.
Our Service may contain links to third-party web sites or services that are not owned or controlled by Making Waves Foundation.
Making Waves Foundation has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Making Waves Foundation shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to the Site (collectively “Feedback“), you agree we may use the Feedback to modify our Site and that you will not be due any compensation, including any royalty related to the product or service that incorporates your Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Site or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.
We know that your privacy is important. For this reason, we have created a privacy policy that describes our collection, use and disclosure practices regarding any personal information that you provide to us. The security of your personal information is important to us. While there is no such thing as “perfect security” on the Internet, we will take reasonable steps to help ensure the safety of your personal information. However, you understand and agree that such steps do not guarantee that the Site is invulnerable to all security breaches or immune from viruses, security threats or other vulnerabilities. Making Waves Education Foundation reserves the right to cooperate with local, state, provincial and national authorities in investigations of improper or unlawful activities and this may require the disclosure of your personal information. We may also report to other organizations about improper or unlawful user activities and this reporting may include disclosure of personal information relating to those individuals conducting such improper or unlawful activities.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. It is your responsibility to check these Terms of Use for changes prior to use of the Site, and in any event your continued use of the Site following the posting of changes to these Terms of Use constitutes your acceptance of any changes. If we make any material changes to these Terms of Use, we will notify you either through the email address you have provided us, or by placing a prominent notice on our website. What constitutes a material change will be determined at our sole discretion.
THIS SITE AND ALL CONTENT AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY MAKING WAVES FOUNDATION “WITH ALL FAULTS” AND ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MAKING WAVES FOUNDATION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, THE APP, OR THE CONTENT OR SERVICES INCLUDED ON, OR OTHERWISE MADE AVAILABLE TO YOU THROUGH, THIS SITE OR THE APP, UNLESS OTHERWISE SPECIFIED IN WRITING, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ACCURACY. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND THE APP IS AT YOUR SOLE RISK.
We make no warranty that the Site will meet your requirements, or that the Site will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Site, or that defects in the Site will be corrected. You understand and agree that you will be solely responsible for any damage to your computer or loss of data that results from the download of any material and/or content. No advice or information, whether oral or written, obtained by you from us through the Site, or otherwise will create any warranty, representation or guarantee not expressly stated in these Terms of Use.
YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST OPPORTUNITIES, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD-PARTY MERCHANTS OR FOR ANY INFORMATION APPEARING ON THIRD PARTY MERCHANT WEBSITES OR ANY OTHER WEBSITE LINKED TO OUR SITE OR APP. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES IS LIMITED, IN AGGREGATE, TO THE GREATER OF (I) THE TOTAL AMOUNT OF YOUR DONATIONS IN THE THREE (3) MONTHS PRIOR TO THE DATE OF THE EVENT GIVING RISE TO OUR LIABILITY AND (II) ONE HUNDRED DOLLARS (U.S. $100.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL WE OR OUR LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES. Some states do not allow exclusion of implied warranties, so these exclusions may not apply in individual cases. You may have additional rights that vary from state to state. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty will be the minimum permitted under such applicable law.
You hereby release Making Waves Education Foundation, its officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Site. You hereby waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor” and you waive any other similar provision of the laws of any other applicable jurisdiction.
We can only give you the benefits of our service by conducting business through the Internet, and therefore we need you to consent to our giving you Communications electronically. This section informs you of your rights when receiving Communications from us electronically. For contractual purposes, you (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications (“Communications“) that we provide to you electronically satisfy any legal requirement that such Communications would satisfy if it were in a writing. Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. The foregoing does not affect your non-waivable rights. You may also receive a copy of these Terms of Use by accessing this Site. You may withdraw your consent to receive Communications electronically by contacting us in the manner described below. If you withdraw your consent, from that time forward, you must stop using the Services. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic Communications provided or business transacted between us prior to the time you withdraw your consent. Please keep us informed of any changes in your email or mailing address so that you continue to receive all Communications without interruption.
You are responsible for compliance with all applicable laws. The Terms of Use and the relationship between you and Making Waves Foundation will be governed by the laws of the State of California, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state. Any legal action, suit or proceeding arising out of or relating to the Terms of Use, or your use of the Services must be instituted exclusively in the federal or state courts located in Contra Costa County, California and in no other jurisdiction. You further consent to exclusive personal jurisdiction and venue in, and agree to service of process issued or authorized by, any such court. These Terms of Use are personal to you, and you may not transfer, assign or delegate your right and/or duties under these Terms of Use to anyone else and any attempted assignment or delegation is void. You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder. The paragraph headings in these Terms of Use, shown in boldface type, are included only to help make these Terms of Use easier to read and have no binding effect. Any delay or failure by us to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default. These Terms of Use constitute the complete and exclusive agreement between you and us with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision of the Terms of Use will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms of Use will continue in full force and effect.
If you have any questions about these Terms, please contact us at privacy@making-waves.org
We may give notice to you by email, a posting on the Site, or other reasonable means. You must give notice to us in writing via email to privacy@making-waves.org or as otherwise expressly provided. Please report any violations of these Terms of Use to privacy@making-waves.org.
Updated December 12, 2024
This privacy notice (the “Notice”) describes how Making Waves Foundation, dba Making Waves Education Foundation (“Foundation”, “we”, “us”, “our”), collects and uses your personal data when you contact us as a job candidate or scholarship applicant. The Notice also describes the rights and options available to you with respect to your personal data (“personal data” or “personal information”). If you are not a job candidate, you can find more information in the Privacy Policy on our website.
We work with data processors we have instructed to collect, store and process your personal information on our behalf for the purposes of providing our services. For example, we use Comeet as a recruiting and scholarship applicant tracking platform.
This Notice does not apply to personal data that you the Foundation processes if you interact with Foundation websites, social media pages, and any other non-career websites or other ways you may interact with us, including if you are an employee of the Foundation.
If you are offered and accept a position at the Foundation, the candidate personal data collected for recruiting purposes will become a part of your employee file and be governed by other applicable privacy notices.
If you are awarded and accept a scholarship from the Foundation, the scholarship personal data collected to evaluate your application will become part of our records and used as needed to administer the scholarship.
If you have any questions related to your personal data, you please reach out to us using the contact information below.
If, as a job candidate, you apply for positions at the Foundation, we collect or receive personal data about you as a such as: contact information, address, Curriculum Vitae (resumé) information (including information such as skills, work experience, education), notes submitted with the application, URL of your LinkedIn and other online profiles, the position for which you have been or are being considered, email correspondence between you, the Foundation and between the Foundation and other sources about your candidacy, information from references, events in the lifecycle of your candidacy, your responses to questionnaires sent to you by us, information about your candidacy and employment options (such as availability to be hired and salary expectations), evaluations of your candidacy, internal discussions within the Foundation about your candidacy, and materials you or other parties (such as evaluators or background check providers) submitted in relation to your candidacy (collectively, “candidate personal data”).
If you submit your candidate personal data by email, or online, then you are the main source of the personal data.
If you are applying for a scholarship awarded by the Foundation, we collect the following personal data directly from you: name, contact information (address, email, phone number), academic record (including information such as skills, academic performance and achievements), notes submitted with your application, email correspondence between you, the Foundation and between the Foundation and other sources (such as schools you attended), date of birth, name and location of high school(s) you attend(ed), information from references, events in the lifecycle of your scholarship application, your responses to questionnaires sent to you by us, evaluations of your scholarship application (including internal discussions within the Foundation), and any other materials you or third parties (such as your high school) submit in relation to your application (collectively, “scholarship personal data”).
We will use your personal data as described in this Notice, including to evaluate and consider your application as a job candidate or a scholarship applicant. We may contact you to review or evaluate your application for a job or scholarship and to schedule meetings or interviews. If you have questions about these uses, please contact us.
Your rights concerning your personal data may vary, depending on the applicable law and these rights may not be available in certain jurisdictions and/or may be subject to certain limitations. However, the Foundation is committed to providing you with transparency about what personal data we collect, how we use it, who we share it with, and wants to afford you these rights and any other rights you may be legally entitled to. You may:
If you wish to exercise any of these options, please contact us. Note that we will handle your requests in accordance with your wishes and applicable laws, but please note that if we delete your data or you withdraw your consent to us to use your personal data, we may not be able to consider your job application or scholarship application.
The Foundation does not rely on automated decision-making related to your job application or scholarship application.
We do not hire or intend to collect any candidate personal data from anyone under the age of 18.
We do collect scholarship personal data from high school seniors who are at least 16 years of age. If you are a scholarship applicant, you may revoke your consent to the collection of your personal data at any time and the Foundation will delete your personal data.
If we become aware that we have received any personal data that violates applicable privacy laws that pertain to children, we reserve the right to delete it.
From time to time, we may change or update this Notice. If we do so, we will make efforts to notify you of such changes and will revise the date of this Notice.
You may send requests, responses, questions and complaints by contacting us at privacy@making-waves.org.
