1. Important information and who we are

Purpose of this privacy notice

This privacy policy provides you with information on how the Foundation collects and processes your personal data through your use of our website, https://mentora.foundation, as well as other possible portals, apps or other data collection means which make reference to this policy. For purposes of this privacy policy, the terms “user”, “participant”, “customer”, “you” and “your” are meant to refer to the individuals about whom we may collect data.

Our data operations and privacy policy endeavor to comply with the latest US and international privacy and data protection regulations.  These regulations include those promulgated under the European Union’s General Data Protection Regulation (“GDPR”) and the California Consumer Privacy Act (“CCPA”) where applicable. While GDPR regulations apply only to residents of the European Economic Area (“EEA”), we have decided to adopt and implement these regulations for all individuals who submit personal data to the Foundation. By doing this, along with implementing strict data protection standards from other jurisdictions such as California, we provide you with expansive rights with respect to any personal data that we collect from you. Some of these rights include the following:

1. The right to have the Foundation permanently delete any of your personal data.
2. The right to review any personal data that we’ve collected from you.
3. The right to voluntarily and affirmatively “opt-in” to any newsletters, emails, or marketing materials sent to you by the Foundation.
4. The right to receive a copy of your personal data.
5. The right to have control and access over your personal data.
6. The right to have your personal data protected, transferred and stored in compliance with GDPR’s data protection requirements.
7. The right to have your personal data automatically destroyed after it is no longer being actively used by the Foundation.
8. The right to only receive communications from the Foundation pursuant to a “Lawful Basis” under GDPR. The two most common Lawful Bases pursuant to which you may receive Foundation communications are: (i) that you requested, subscribed or affirmatively consented to the receipt of the communications, and (ii) the communications are necessary for the Foundation’s “legitimate interests” that are not overridden by your interests or fundamental rights and freedoms that require protection of personal data.
9. The right, if applicable, to have the Foundation appoint a Data Protection Officer (“DPO”) to manage the Foundation’s compliance with GDPR and to respond within 72 hours to any inquiries, complaints, or requests that you make regarding your personal data. At any time, you may contact our DPO at privacy@mentora.foundation.
10. As required by GDPR, our authorized subscribers have affirmatively and voluntarily “opted in” pursuant to GDPR requirements to receive newsletters, emails, and marketing communications from the Foundation. If you believe that you did not opt in to receive these communications from the Foundation, please contact our DPO as soon as possible at privacy@mentora.foundation and we will arrange for you to either affirmatively opt in or not receive any further communications from us. Additionally, all our newsletters, emails to subscribers, and other related communications contain an opt-out/unsubscribe button at the bottom. At any time, you may unsubscribe from all Foundation communications by clicking on the button.
11. To the extent that the CCPA or other reasonable international, federal, or state laws are more restrictive than GDPR with respect to protecting your personal data and privacy, we strive to comply with such stricter regulations.  If for any reason you believe we are not in compliance with any provision of these laws, please advise us immediately in writing so that we can review the laws in question and take immediate corrective action if necessary.  You can advise us at privacy@mentora.foundation.

We take your personal data and privacy seriously. If you have any questions regarding your rights, your personal data, or the Foundation’s obligations, please contact the Foundation’s Data Protection Officer at privacy@mentora.foundation.

Your rights under GDPR are further described below in Section 11. Some of your rights described in this policy may be subject to certain rights of the Foundation such as legal, accounting, and archiving requirements.

For more details regarding your rights and the Foundation’s obligations under GDPR, this Wikipedia article offers a good summary here.

Detailed information regarding GDPR andrelated legislation and directives, may be viewed at this link.

Information about the California Consumer Privacy Act may be found at this link.

Controller

When we mention "the Foundation", "we", "us" or "our" in this privacy policy, we are referring to Mentora Foundation, the company that is responsible for processing your data. For individuals located in the European Economic Area, the Foundation is the data controller, as that term is defined by GDPR.

Contact details

The Foundation’s Data Protection Officer (“DPO”) is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise any rights that may be afforded to you, please contact the DPO at privacy Mentora.Institute or using the details set out below:
‍
     Attention: Data Processing Officer
     Mentora Foundation
     170 West 81st Street, Suite 8D
     New York NY 10024 USA

The Foundation Website, Portals and Apps

The Foundation’s website, apps, digital platform, content, services, trademark, and other intellectual property, are owned or licensed by the Foundation.

Your privacy in engaging with the Foundation’s website and technology platforms is very important to us. With that in mind, we have established information handling practices for the Foundation intended to guard and respect your privacy. We believe these practices are consistent with GDPR and the best practices of websites providing foundation information and services. This privacy policy applies to all Foundation digital platforms and includes the information we collect about you, when and how we collect that information, how that information is used, how we safeguard that information, and our procedures for archiving and deleting that information.  This privacy policy applies primarily to the personal information such as your name and email address that you submit through this website or other digital platforms.

2. The Information We Collect About You

Information We Collect Automatically

When you visit our website, our servers automatically collect certain browser or device generated information, which may in some cases constitute personal data, including but not limited to:

• your domain
• your IP address
• your log in
• your acceptance of our privacy policy and terms of use
• the date, time and duration of your visit
• your browser type
• your operating system
• your page visits
• information from third parties
• other information about your computer or device
• internet traffic

Information You Provide

• by filling in forms (for example, a 'Contact us' form) on our website or at a conference or anywhere else we conduct activities
• by downloading materials or forms from our website;
• by subscribing to newsletters or other communications;
• by corresponding with us by phone, e-mail or otherwise using our contact details;
• by registering or participating in Foundation seminars, classes, webcasts, webinars, or conferences; or
• by submitting questions or comments to us or requesting any other information from us.

Typically, the personal data you give us may include name, address, telephone number, email address, mental health issues, aspirations, and any personal details required to resolve any inquiries or complaints. Your personal data may also include your login name and passcode, and information that you supply and upload to the Foundation digital servers as part of how the website is designed to be used.

Personal data may also be required to enter into an arrangement with you or to perform an agreement with you (such as to provide programs or consulting services for you), and failure to provide any information may result in our inability to provide requested services or products.

Third-Party Servers

The Foundation relies on established and trustworthy third-party vendors located in the United States to provide much of the data storage and usage requirements for the Foundation.  The personal data you submit to us through a Contact Us page, an email sign-up on our website, or through other digital platforms, if any, are stored and processed at secure servers in compliance with GDPR.  The Foundation may change the third-party data processors it uses. the Foundation and its technology team will perform due diligence on any new processors that it uses, and make sure that they meet the highest quality standards of privacy and security, including GDPR.

Information From Other Sources

We may receive information about you if you use any other websites or portals we may operate, any other services we provide, seminars, webinars, or classes we teach, or from our activity partners or data processors instructed to collect information on our behalf.

Cookies

Our website may use cookies. A cookie is a small file of letters and numbers that we put on your computer or smartphone if you agree. These cookies allow us to distinguish you from other users of our website, which helps us to provide you with a good experience when you browse our website or watch our media, and also allows us to improve our site and platform.  If you have any questions regarding our use of cookies, please contact our DPO at privacy@mentora.foundation.

3. Use of Personal Data

The following is an overview of our purposes for using your personal data. Additional details on how we process your personal data may be provided to you in a separate notice or agreement.

In accordance with GDPR, all of our processing and use of your personal data is justified by a "condition" for processing. In the majority of cases, processing will be justified on the basis that:

• you have consented to the processing
• the processing is in our legitimate interests that are not overridden by your interests and fundamental rights; our legitimate interests are to use supplier, customer, client, student, program, website and digital platform user data to conduct and develop our services with them and with others while limiting the use of their personal data to purposes that support the conduct and development of our professional services
• the processing is part of our not-for-profit, educational or research programs
• the processing is necessary to perform an agreement with you or take steps to enter into an agreement at your request, such as to schedule meetings with you, or to provide assistance or services you have requested; or
• the processing is necessary for us to comply with a relevant legal obligation, such as keeping accounting, legal, and archival records

We use the personal data we collect to conduct and develop our services with you and with others, as more fully described below:

• provide you with any services you have requested or contracted for
• administer and manage performance of services with our suppliers, contractors, clients, and beneficiaries
• provide after-services support
• process, evaluate and complete certain transactions involving the website, and more generally transactions involving the Foundation's services
• operate, evaluate, maintain, improve and develop the website and Foundation digital systems (including by monitoring and analyzing trends, access to, and use of the website for information, and analyzing how our website is functioning and delivering results)
• research and educational purposes
• evaluate, improve and develop our services generally
• customize our website to the needs of our beneficiaries
• engage you about scheduling, events, information, the website, and the Foundation's services
• provide you with documentation or communications which you have requested or which we believe you would be interested in
• correspond with users to resolve their queries or complaints
• send you marketing and professional communications, where it is lawful for us to do so
• protect and ensure safety of the website, Foundation confidential and proprietary information, and Foundation employees; and
• manage, protect against and investigate fraud, risk exposure, claims and other liabilities, including but not limited to violation of our agreements or laws or regulations.

The Foundation respects and safeguards your personal data and will never sell or rent it to third parties.

4. Disclosure of Personal Data

The Foundation will share personal data obtained through this website and digital platforms with its appointed third-party service providers (who will operate under our instructions) to assist us in providing information or services to you, in conducting and managing our services and the website. The Foundation may share your personal data (but not your confidential information) with these affiliates and third parties to perform services that the third parties have been engaged by the Foundation to perform on the Foundation’s behalf, subject to appropriate contractual restrictions and security measures.

We are also subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC). We may be required to disclose personal information that we handle in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

If your personal data is transferred outside the EU to the Foundation or its third-party service providers, we will take steps to ensure that your personal data receives the same level of protection as if it remained within the EU, including by assuring that the Foundation and its service providers have entered into data transfer agreements using the European Commission approved Standard Contractual Clauses, or by relying on certification schemes such as the EU – US Privacy Shield. For transfers of personal data between the Foundation and its service providers we will use best efforts to make sure that the service providers have in place European Commission approved Standard Contractual Clauses. The list of all the countries to which your personal data is transferred is set forth here: The United States. You have a right to obtain details of the mechanism under which your personal data is transferred outside of the EU by contacting privacy@mentora.foundation.

The Foundation reserves the right to share any information that you provide which is not deemed personal data or is not otherwise subject to contractual restrictions.  These restrictions on the disclosure of your personal data will not affect our use of your data as stated in Section 3, above.

5. EU-U.S. and Swiss-U.S. Privacy Shield

The Foundation is not a registered member of the EU-U.S. Privacy Shield Framework but complies with its data protection principles as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union member countries and Switzerland. The Foundation adheres to the Privacy Shield Privacy Principles of notice, choice, accountability for onward transfer, security, data integrity, purpose limitation, and access. To learn more about the Privacy Shield principles, please visit https://www.privacyshield.gov/.

In accordance with the Privacy Shield Principles, the Foundation commits to resolving complaints about your privacy and our collection or use of your Personal Data. Data Subjects with inquiries or complaints regarding this Privacy Shield Policy or the Foundation’s Privacy Policy should first contact the Foundation at: privacy@mentora.foundation.

The Foundation conducts in-house verifications to ensure that its attestations and assertions with regard to its treatment of personal data are accurate and that the company has appropriately implemented these practices.

6. Children

The website is not for use by children under the age of 16 years and the Foundation does not knowingly collect, store, share or use the personal data of children under 16 years. If you are under the age of 16 years, please do not provide any personal data, even if prompted by the website to do so. If you are under the age of 16 years and you have provided personal data, please ask your parent(s) or guardian(s) to notify the Foundation and the Foundation will delete all such personal data immediately.

7. Marketing Emails

Where lawful to do so, and subject to your consent where required, we may communicate with you by email to tell you about our products and services. If you wish to opt-out of receiving marketing communications, please use the 'unsubscribe' link provided in our emails, or otherwise contact us directly and we will stop sending you communications.

8. SeCurity

The Foundation strives to safeguard and protect your personal data from unauthorized access, improper use or disclosure, unauthorized modification or unlawful destruction or accidental loss, and the Foundation utilizes and maintains certain reasonable processes, systems, and technologies to do so. However, you acknowledge that no transmission over the Internet is completely secure or error-free, and that these processes, systems, and technologies utilized and maintained by the Foundation are subject to compromise. Accordingly, we cannot be held responsible for unauthorized or unintended access that is beyond our reasonable control.

9. Retention of Your Personal Data

We apply a general rule of keeping personal data only for as long as required to fulfil the purposes for which it was collected. We also retain your personal data for a period of time corresponding to a statute of limitations, for example to maintain an accurate record of your transactions with us including licenses that you have entered with us.

However, in some circumstances we may retain personal data for other periods of time, for instance where we are required to do so in accordance with legal, tax and accounting requirements, or if required to do so by a legal process, legal authority, or other governmental entity having authority to make the request, for so long as required.

At any time, you can request our DPO to permanently delete your data not subject to legal or other requirements.  You can also always unsubscribe to our emails, in which case we will delete your personal information other than licenses and other matters that survive your request for deletion.

10. External Links

The website may contain links to third party sites. Since the Foundation does not control nor is responsible for the privacy practices of those websites, we encourage you to review the privacy policies of these third-party sites. This policy applies solely to personal data collected by our website or in the course of our business activities.

11. Your Rights

Under applicable law, you may have the following rights:

• Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
• Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
• Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
• Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
• Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
• Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
• Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

For further information regarding your dataprivacy rights under GDPR, please see the following link: https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/.

12. Dispute Resolution and Other Legal Matters

You may also have the right to lodge a complaint with the supervisory authority of your habitual residence, place of work or place of alleged infringement, if you consider that the processing of your personal data infringes applicable law and the Foundation is subject to the jurisdiction of such supervisory authority.

Further, in accordance with the Privacy Shield Principles, the Foundation commits to promptly resolve complaints about privacy and our collection or use of personal information. Individuals with questions or concerns about the use of their personal data should contact us at: privacy@mentora.foundation and identify the company or other organization with whom they are affiliated or for whom their data was collected, if collection was for a Foundation client or beneficiary.

If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, we will have the matter submitted to our US-based third-party dispute resolution provider, the American Arbitration Association in New York City.  If GDPR or other applicable laws exclusively apply to the dispute and require us to pay for the arbitration, we shall do so.

Governing Law. By choosing to visit our website, engage our services, view or download content, or provide information to us, you agree that any dispute over privacy or the terms contained in this Privacy Policy will be governed by the laws of the State of New York and the United States of America. You also agree to abide by any limitation on damages contained in our Terms of Use, license agreements, or other agreements that we have with you.

13. Changes to this Policy

Any changes or updates we may make to this policy will be posted as a revised policy with a new date stated at the top of this document. You are responsible for checking back to review any revised policy.

Please address any questions or comments you might have to privacy@mentora.foundation.