WHAT IS trikl? 

trikl is a fundraising community with a desire to change lives by “passing it forward”, or as we say, trikling it forward and changing the lives of others!  Learn more about our story at https://trikl.org/aboutus/ 

How does trikl work?  Fundraising or trikl it Forward? 

Fundraising:  It’s really simple! You can open a campaign for yourself or others.  Types of Campaigns can be found under Categories.  Once you have selected which type of fundraising campaign fits you best, select the create a campaign at the top of the page!  You will then start a fundraising page dedicated to your fundraiser!  Set your goals and ask people to support your campaign!  For more information, click here!

trikl it Forward:  You can also pick campaigns to contribute to & trikl it forward to others.  

By helping others in  the community by contributing a few extra dollars to their campaign, you can be the extra help they need to reach their goals! 

Change your life or make a difference in someone’s life today!  

Who or what can I raise money for?     

You can support anyone, bring awareness to a cause, support a local business, help a little league team meet their fundraising goals, save money for college, or for opening your own business!  The campaigns are endless!

What happens if I don’t reach my goal?  

There are no penalties for not reaching your goal.  trikl believes that the money you have raised is yours to keep!  

How long can I have my campaign open?

You can have your campaign open for as long as you wish, especially to be able to see who contributed to your campaign.  There are withdrawal requirements that you need to keep in mind (see below).

How do I reach a Customer Support Team member?

By emailing, [email protected] or visit our “What is Trikl” tab and selecting Contact Our Support Team!

Pricing & Fees in the US, US Dollars $

   trikl platform – 0% fee to start a fundraiser 

   Transaction Fee is 2.99% + USD $0.30 per donation

   Total Fees are 2.99% + $0.30 per donation (fundraiser or Charity receives the amount donated, minus the fees). 

Trikl Terms of Service

Date of Last Revision: December 6, 2021

Subject to these Terms of Service, as amended from time to time (“Terms of Service”). Trikl provides (a) the Trikl platform to you through its website at www.trikl.com and attendant mobile applications (collectively, with any new features and applications, the “Trikl Platform”) and the Trikl Community and related services (collectively, with the Trikl Platform, including any new features and applications, the “Trikl Services”) including all widgets, which services, as related to the creation of accounts and processing of donations, will be deprecated on December 6, 2021 (collectively, the Trikl Platform). If you are an Organizer (as defined below), Beneficiary (as defined below) to a Fundraiser (as defined below), comment contributor, or Donor (as defined below) (collectively referred to herein as a “User”) located in the United States or outside of the United States, you are contracting with Trikl Inc., 1712 Pioneer Avenue, Cheyenne, WY  82001. Unless specifically indicated otherwise, for purposes of the following Terms of Service, “Trikl,” “we,” “us,” “our,” and other similar terms, shall refer to the party with whom you are contracting.

ARBITRATION, JURY TRIAL, AND CLASS ACTION WAIVER: EXCEPT AS OTHERWISE DESCRIBED IN THE DISPUTES SECTION BELOW, BY USING THE TRIKL SERVICES (COLLECTIVELY, “SERVICES”), YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. PLEASE REVIEW THE DISPUTES SECTION CAREFULLY; BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT.

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time and without notice. When we do this, we will post the revised Terms of Service on this page and will indicate the date of such revision.

Your continued use of the Services after the date of any such changes constitutes your acceptance of the new Terms of Service. To the extent allowed by law, the English version of these Terms of Service is binding and other translations are for convenience only. If you do not wish to accept the new Terms of Service, you may discontinue your use of the Services.

In addition, when using the Services, and unless you are in European Economic Area, the United Kingdom, and Switzerland (“Europe”), you will be subject to additional applicable policies including without limitation, the Privacy Policy. All such terms are hereby incorporated by reference into these Terms of Service (provided, however, these Terms of Service will take precedence in the event of conflict). We shall resolve any such conflicts in our sole discretion, and all of our determinations are final.

ACCESS AND USE OF THE SERVICES

Trikl Services Description: The Trikl Services are offered as a platform to allow an individual, entity or non-profit organization (the “Organizer”) to post a fundraiser (“Fundraiser”) to the Trikl Platform to accept monetary donations (“Donations”) from donors (“Donors”) on behalf of the beneficiary of the Fundraiser (“Beneficiary”). Neither the Organizer nor the Fundraiser will provide goods or services in exchange for Donations. 

Payment Processor:  Trikl is not a payment processor and does not hold any funds.  Instead, Trikl uses third-party payment processing partners to process Donations for a Fundraiser (“Payment Processor”).  You acknowledge and agree that the use of Payment Processors are integral to the Services and that we exchange information with Payment Processors in order to facilitate the provision of Services.

Transaction Fees: Although there are no fees to Organizers to set up a Fundraiser, please keep in mind that transaction fees, including credit and debit charges, are deducted from each donation (hereinafter and on the website referred to as “Transaction Fees”). To learn more about the Trikl Platform and the applicable Transaction Fees, visit Trikl’s Pricing for fundraisers.

The Services are Platforms; We are not a Broker, Financial Institution, Creditor or Charity: The Services are administrative platforms only. Trikl facilitates the Fundraiser of the Organizers and permits Donors to make donations to these Fundraisers. Trikl is not a broker, agent, financial institution, creditor or 501(c)(3) nonprofit corporation.

All information and content provided by Trikl relating to the Services is for informational purposes only, and Trikl does not guarantee the accuracy, completeness, timeliness or reliability of any such information or content. No content is intended to provide financial, legal, tax or other professional advice. Before making any decisions regarding any Fundraisers, Charities (defined hereinafter), Donations, Donors, or any information or content relating to the Services, you should consult your financial, legal, tax or other professional advisor as appropriate. You acknowledge that all information and content accessed by you using the Services is at your own risk.

Trikl has no control over the conduct of, or any information provided by, a User and hereby disclaims all liability in this regard to the fullest extent permitted by applicable law. We do not guarantee that a Fundraiser will obtain a certain amount of Donations or any Donations at all. We do not endorse any Fundraiser, User, or cause and we make no guarantee, express or implied, that any information provided through the Services is accurate. We expressly disclaim any liability or responsibility for the outcome or success of any Fundraiser. You, as a Donor, must make the final determination as to the value and appropriateness of contributing to any User or Fundraiser.

No Solicitation: The Trikl Platform is offered to help Organizers raise money. Trikl merely provides the technology to allow Fundraisers to connect with Donors. The existence of the Services is not a solicitation of donations by Trikl, and Trikl does not engage in any solicitation activities, or consult on the solicitation of contributions from the public, on behalf of any individual, entity, or organization. By using the Services, you understand and agree that Trikl shall not be responsible for the use of your Donations or the amount of funds raised for the User or Fundraiser.

Donors: All Donations are at your own risk. When you make a Donation through the Trikl Platform, it is your responsibility to understand how your money will be used. Trikl is not responsible for any offers, promises, rewards or promotions made or offered by Users or Fundraisers; such conduct violates these Terms of Service. We do not and cannot verify the information that Users or Fundraisers supply, nor do we represent or guarantee that the Donations will be used in accordance with any fundraising purpose prescribed by a User or Fundraiser or in accordance with applicable laws. Notwithstanding the foregoing, we take possible fraudulent activity and the misuse of funds raised very seriously. You can learn more about our Fraud Policy. If you have reason to believe that a User or Fundraiser is not raising or using the funds for their stated purpose, please use the “Report” button on the Fundraiser to alert our team of this potential issue and we will investigate. If you are a Donor, you may also be covered by the Trikl Guarantee.

1. Donors are not permitted to impose restrictions on the use of Donations by a non-profit organization, established as such under the applicable laws of incorporation (“Charity”). To the extent that a Donation is made in response to an appeal for a particular program of a Charity, or to the extent that a Donor purports to direct the use of Donations by a Charity, any such directions shall constitute non-binding recommendations only and the Charity shall have full discretion to determine how all Donations will be used.
2. Trikl makes no representation as to whether all or any portion of your Donations, including, if any, Transaction Fees, are tax deductible or eligible for tax credits. Trikl will have no liability for any claim by any federal, state, provincial, territorial, local or any other tax authority with respect to the characterization on any applicable tax return of any Donation by you, any User or any Charity. You should consult your tax advisor as to the amount of your Donation that is tax deductible or eligible for tax recognition, having regard to (among other things) the tax status of the recipient of any Donation in any relevant jurisdiction.
3. Unless the Donor opts-out of such disclosure, Donor acknowledges and agrees that, in accordance with the Privacy Policy, certain of Donor’s personal information will be shared with the Charity to which such Donor makes a Donation (including without limitation as part of a Donor List, as set forth below) and may be used by such Charity to issue official Donation receipts (or equivalent document) and in accordance with the Charity’s privacy policy. Trikl is not responsible, and shall not be liable, for any Charity’s use of any Donor information.

Certain states require written disclosures for Charities soliciting contributions. For Donors making Donations to Charities, please see the State non-profit disclosures for those Charities.

Organizer: You, as an Organizer, represent, warrant, and covenant that: (i) all information you provide in connection with a Fundraiser or Beneficiary is accurate, complete, and not likely to deceive reasonable Users; (ii) all Donations contributed to your Fundraiser will be used solely as described in the materials that you post or otherwise provide; (iii) if you withdraw donations believed by reasonable Donors to be raised on behalf of someone other than you (i.e., the Beneficiary), all Donations will be given to and/or spent on behalf of the Beneficiary; (iv) if you add a Beneficiary through the Services, you relinquish control of the Donations, including the ability to issue refunds; (v) you will not infringe the rights of others; (vi) you will comply with all relevant and applicable law and financial reporting obligations, including but not limited to laws and regulations relating to registration, tax reporting, political contributions, and asset disclosures for your Fundraiser; (vii) to the extent you share with us any personal data of any third party for any purpose, including the names, email addresses and phone numbers of your personal contacts, you have the authority (including any necessary consents), as required under applicable law, to provide us with such personal data and allow us to use such personal data for the purposes for which you shared it with us; and (viii) you will not provide or offer to provide goods or services in exchange for Donations. You authorize Trikl, and Trikl reserves the right, to provide information relating to your Fundraiser to Donors, Beneficiaries of your Fundraiser or law enforcement, and to assist in any investigation thereof.

If you use the Services as an agent of a Charity to raise funds for such Charity, you represent and warrant that: (a) you are a representative of the Charity, which representative is authorized to raise funds for the Charity and bind the Charity to these Terms of Service; (b) you are raising funds for a Charity, with a cause or activity that is legal under all applicable federal, state, provincial, territorial and local laws and regulations; (c) all donated funds will be used solely for the purpose you have stated on and in connection with your Fundraiser, and under no circumstances may you use the funds for any other purpose; (d) your Charity has and will maintain tax-exempt status under applicable law (for example, the Internal Revenue Code in the United States or the Income Tax Act in Canada); and (e) if your Charity is in the United States, your Charity is registered with GuideStar or the IRS tax exempt organization database, or, in Canada, is listed in the Canada Revenue Agency’s database of registered charities.

Your Registration Obligations: You may be required to register with Trikl in order to access and use certain features of the Services. If you choose to register for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself or your Charity as prompted by the Services’ registration form. Organizers must register using their true identities (or the identities of the Charities’ authorized representatives), including their name, address and any image or video purporting to depict the Organizer or the Beneficiary of such Fundraiser. You agree to keep registration information current and up to date.

Registration data and certain other information about you are governed by these Terms of Service, including our Privacy Policy. If you are under 13 years of age (16 in Europe), you are not authorized to use the Services, with or without registering. In addition, if you are under the age of majority in your jurisdiction (typically 18 or 19 years of age), you may use the Services, with or without registering, only with the approval of your parent or guardian. Certain aspects of our Services may also require you to register with, and agree to the terms of, third-party service providers (e.g., Payment Processors), with whom Trikl has entered into contracts, in order to be able to benefit from their services. If Trikl or one of our Payments Processors at any time discovers that the information you provided about you or the purpose of your Fundraiser is incorrect or violates any of these Terms of Service or their terms of service, your access to the Services may be suspended and/or terminated with immediate effect and fines may be applied by relevant authorities, which will in all such cases be payable by you. You acknowledge and agree that the use of Payment Processors are integral to the Services and that we exchange information with such third parties in order to facilitate the provision of Services as set out in our Privacy Policy.

Charities:  The Trikl Services include the features and services described here. All Donations are subject to a Transaction Fee for each Donation. 

1. Chargebacks and Refunds. Occasionally, a Donor may dispute a credit card charge for a Donation through the Services.
   1. If Donations are refunded to the Donor by PayPal, or if PayPal Giving Fund already remitted payment to the Charity, the chargebacks or refunds will be deducted from future payments to the Charity, and if necessary, an invoice will be issued to the applicable Charity. The applicable Charity expressly agrees that: (a) it will be responsible for paying PayPal or PayPal Giving Fund the full amount of any Donation refund due to a Donor; and (b) PayPal or PayPal Giving Fund, as applicable may elect to offset a future Donation rather than requesting that the Charity return the refunded Donation.
   2. If Donations were made through Adyen or Stripe, the Charity has control over the Donations and Charity, rather than Trikl or Adyen or Stripe, is responsible for issuing refunds and handling chargebacks directly with Donors.
2. Removal of a Charity from our Database. If you are the authorized representative of a Charity, and you do not wish for your Charity to appear in Trikl’s searchable database, you may contact us at [email protected] to request that your Charity be removed from our database. Your email should include your full name, title, and an email address and phone number associated with your Charity. Please note that if your Charity is removed from the Trikl’s database, it will not be eligible to receive contributions through the Trikl Platform.
3. Receiving Funds. As a Charity, receipt of Donations, minus any applicable Transaction Fees, is based upon and subject to the applicable Payment Processor’s procedures and terms. Available Payment Processors are described under “Payment Processors for Charities” below. Trikl is not a payment processor and does not hold funds.
4. Taxes.  Trikl does not withhold funds for tax purposes or otherwise. Charities will be solely responsible for taxes based on applicable international, federal, state, local or any other taxes or levies, or for any applicable taxes based on their net income or gross receipts (if any).
5. Donor Lists and Other Data.  A Charity may access information about an Organizer of a Fundraiser for the Charity, Donor Lists (defined below) and Donor Data (defined below) for compliance and transactional purposes. It will be accessible through the GFM Charity Platform through the end of the year 2021, after which, the data will not be available. Please contact [email protected] with any questions. “Donor Data” means a Donor’s name, address, email address, Donation amount, date of transaction, transaction identification number, and name of the project. THE LIST OF DONORS WHO CONTRIBUTE TO A CHARITY’S FUNDRAISER THROUGH THE SERVICES (“DONOR LISTS”) IS PROVIDED “AS IS,” AND TRIKL MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES ABOUT THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY DONOR LIST OR ANY INFORMATION CONTAINED THEREIN. Unless a Donor checks the “Anonymous” checkbox at the time of Donation, by using the Services, the Donor consents to the disclosure of Donor’s Donor Data as described herein, including without limitation, disclosure as part of a Donor List.

Taxes: It is your responsibility to determine what, if any, taxes apply to the Donations you receive through your use of the Services. It is solely your responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority.

Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Trikl of any unauthorized use of your password or account or any other breach of security, and (b) sign out from your account at the end of each session when accessing the Services. Trikl will not be liable for any loss or damage arising from your failure to comply with this Section.

reCAPTCHA:  The GFM Platform uses the reCAPTCHA product to provide an added level of security.  reCAPTCHA is subject to the Google Privacy Policy and Terms of Service. 

GoogleMaps:  The GFM Platform uses the Google Maps feature and content, which is subject to the then-current versions of the (a) Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html; and (2) Google Privacy Policy at https://www.google.com/policies/privacy/. 

Modifications to the Services: Trikl reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs, or losses resulting therefrom.

Content Manifestly Made Public by the User.

1. Public Content; Public Display of Information and Donations. Some of your activity on and through the Services is public, such as content you post publicly on the Trikl Platform (including descriptions, texts, music, sound, information, data, software, graphics, comments, photos, videos, images, trademarks, logos, brands or other materials you upload or post through the Services or share with other Users or recipients) (“User Content”). Additionally, User profile information, including your first and last name, public email address, organization, personal biography, and other information you enter in connection with your User profile may be displayed to other Users to facilitate User interaction within the Services. For example, as an Organizer, you might post your personal data – such as information about a recent hospital stay – which data might be considered sensitive data. In addition, as a Donor, you have the option to publicly display your Donation for all to see, including on search engines (like Google and Yahoo). To keep the details of your Donation private from the general public, click the “Private” checkbox during the Donation process. Please remember that if you choose to provide information using certain public features of the Services, then that information is governed by the privacy settings of those particular features and may be publicly available. Individuals reading such information may use or disclose it to other individuals or entities without our knowledge and without your knowledge, and search engines may index that information. We therefore urge you to think carefully about including any specific information you may deem private in content that you create or information that you submit through the Services. Please see our Privacy Policy for information on the ways that we may collect, use, and store certain information about you and your use of the Services.
2. Other Information. Please be advised that User Content and other information, solicited or unsolicited, that you provide to Trikl may be publicly accessible, such as information you post in forums, comment sections or in response to surveys we may send out. We also collect information through customer support communications, your communications to us of ideas for new products or modifications to existing products, and other unsolicited submissions, or any questions, comments, suggestions, ideas, feedback or other information about the Services (collectively, with publicly-accessible information, “Other Information”). By sending us Other Information, (a) you agree that we are under no obligation of confidentiality, expressed or implied, with respect to the Other Information; (b) you acknowledge that we may have something similar to the Other Information already under consideration or in development; (c) you agree that Trikl will be entitled to the unrestricted use and dissemination of the Other Information for any purpose, commercial or otherwise, without acknowledgment or compensation to you; (d) you represent and warrant that you have all rights necessary to submit the Other Information; (e) to the extent necessary, you hereby grant to Trikl a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully transferable and sublicensable right (through multiple tiers) and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Other Information, and to sublicense the foregoing rights; and (f) you irrevocably waive, and cause to be waived, against Trikl and its Users any claims and assertions of any moral rights contained in such Other Information. This Other Information section shall survive any termination of your account or the Services.

You acknowledge and agree that Trikl may preserve Other Information, as well as User Content, and may also disclose your Other Information or User Content if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Trikl, its Users or the public.

Third-Party Communications: If you use any feature of the Services that allows you to communicate with third parties (such as to refer a third party to the Services or to communicate with them regarding a Fundraiser or a donation), either by submitting data about the third party (“Third-Party Data”) to the Services or otherwise permitting the Services to automatically access Third-Party Data in your possession, you acknowledge and agree that you have the authority of the relevant third party for us to access and use the relevant Third-Party Data and that you have notified these third parties and informed them how their information is collected and used by Trikl to provide the Services. We reserve the right to identify you as the person who has made the referral in any messages that are sent to them. We use Third-Party Data to (a) contact such third party using the Third-Party Data provided, and/or (b) provide you with an editable template message designed to facilitate communications between you and such third party through the Services. In addition to sending the foregoing communications, we may also send reminders or related messages to you and to third parties on your behalf from time to time where permitted by applicable law. In each case, any such communication sent to third parties using Third-Party Data will provide a means to “opt out” of receiving further communication of the same nature.

Promotions on the Trikl Platform: You are not permitted to offer any contest, competition, reward, give-away, raffle, sweepstakes or similar activity (each, a “Promotion”) on or through the Services.

Sales Prohibited on the Trikl Platform:  You are not permitted to offer any good or service in exchange for a Donation on the Trikl Platform.

Data Retention: You acknowledge that Trikl has no obligation to you to retain data relating to any account or Fundraiser. You acknowledge that Trikl reserves the right to delete data or to terminate accounts or Fundraisers at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom. The foregoing does not apply to Fundraisers or accounts started by Charities on the Trikl Platform, in which case Trikl will provide reasonable notice where possible.

Mobile Services and Text Messages: The Trikl Services include certain features that may be made available via a mobile device, including the ability to (a) upload User Content to the Trikl Platform, (b) browse the Trikl Platform, and (c) access certain items through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access Mobile Services, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you about matters related to your account by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.  Further, when setting up your Trikl account, if you click “Send code” by “Text Message,” you agree to receive automated text messages related to your account from or on behalf of Trikl at the phone number provided.  You can reply STOP to such text messages to cancel.  Message frequency will vary. Message and data rates may apply.  We will comply with any additional requirements that may apply under local laws and regulations before communicating with you in this manner. In the event that you change or deactivate your mobile telephone number, you agree to promptly update your Trikl account information to ensure that your messages are not sent to the person that acquires your old number.

PROHIBITED CONDUCT

If you are a User located in Australia, references to “Trikl”, “we”, “us”, “our” and other similar terms in this section (Prohibited Conduct) shall be read as references for Trikl.

You are solely responsible for compliance with all applicable law in relation to your Fundraiser or use of the Services. You are further solely responsible for all User Content that you upload, post, publish, display, transmit or otherwise use. If you are not the Beneficiary of the Fundraiser you organize, you agree to deliver funds to the ultimate beneficiary directly and as soon as possible. You agree to fully cooperate with any request we make for evidence we deem necessary to verify your compliance with these Terms of Service.

The following are examples of User Content and/or use that is illegal or prohibited by Trikl. This list is not exhaustive. Trikl reserves the right to remove any Fundraiser and/or investigate any User who, in our sole discretion, violates any of the terms or spirit of these Terms of Service. As we investigate your Fundraiser, a User, or User Content, we may consider all available material including but not limited to social media, related news, and any other information that we, in our sole discretion, deem relevant in our review. We further reserve the right, without limitation, to ban or disable your use of the Services, remove the offending User Content, suspend or terminate your account, stop payments to any such Fundraiser, freeze or place a hold on Donations, and report you to law enforcement authorities or otherwise take appropriate legal action including seeking restitution on behalf of ourselves and/or our Users.

Without limiting the foregoing, you agree and represent, warrant and covenant:

1. not to use the Services to raise funds or establish or contribute to any Fundraiser with the implicit or explicit purpose of promoting or involving:
   1. the violation of any law, regulation, industry requirement, or third-party guidelines or agreements by which you are bound, including those of payment card providers and transaction processors that you utilize in connection with the Services;
   2. any election campaigns that are not run by a registered organization within the supported country;
   3. User Content or Fundraisers that are fraudulent, misleading, inaccurate, dishonest, or impossible;
   4. drugs, narcotics, steroids, controlled substances, pharmaceuticals or similar products or therapies that are either illegal, prohibited, or enjoined by an applicable regulatory body; legal substances that provide the same effect as an illegal drug; or other products, medical practices, or any related equipment or paraphernalia that have been found by an applicable regulatory body to cause consumer harm;
   5. knives, explosives, ammunition, firearms, or other weaponry or accessories;
   6. annuities, investments, loans, equity or lottery contracts, lay-away systems, off-shore banking or similar transactions, money service businesses (including currency exchanges, check cashing or the like), pyramid schemes, “get rich quick schemes” (i.e., Investment opportunities or other services that promise high rewards), network marketing and referral marketing programs, debt collection or crypto-currencies;
   7. gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to raffles, casino games, sports betting, fantasy sports, horse or greyhound racing, lottery tickets, raffle tickets, auctions and other ventures that facilitate gambling, games of skill or chance (whether or not it is legally defined as a lottery), promotions involving monetary rewards, including gift cards, or sweepstakes;
   8. User Content that reflects or promotes behavior that we deem, in our sole discretion, to be an abuse of power or in support of hate, violence, harassment, bullying, discrimination, terrorism, or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender, gender identity, gender expression, serious disabilities or diseases;
   9. the legal defense of alleged crimes associated with hate, violence, harassment, bullying, discrimination, terrorism, or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender, gender identity, gender expression, serious disabilities or diseases, financial crimes or crimes of deception;
   10. activities with, in, or involving countries, regions, governments, persons, or entities that are subject to U.S. and other economic sanctions under applicable law, unless such activities are expressly authorized by the appropriate governmental authority;
   11. the funding of a ransom, human trafficking or exploitation, vigilantism, bribes or bounty;
   12. pornography or other sexual content;
   13. offensive, graphic, perverse or sensitive content;
   14. the collecting of payments on behalf of merchants by Payment Processors or otherwise; including but not limited to self-payments on Fundraisers or an attempt to bypass or otherwise circumvent the designated method of payment as provided by Trikl;
   15. credit repair or debt settlement services;
   16. the receipt or grant of cash advances or lines of credit to yourself or to another person for purposes other than those purposes clearly stated in the Fundraiser;
   17. publication of User Content (such as mug shots), where we deem, in our sole discretion, that the primary purpose of posting such User Content is to cause reputational harm;
   18. the sale or resale of a good or service;
   19. the aggregation of funds owed to third parties, factoring, or other activities intended to obfuscate the origin of funds;
   20. counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder;
   21. products or services that directly infringe or facilitate infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party;
   22. the unauthorized sale or resale of brand name or designer products or services;
   23. the sale of goods or services that are illegally imported or exported;
   24. processing, where there is no bona fide donation accepted; cash advance; card testing; evasion of card network chargeback monitoring programs;
   25. the collecting or providing of funds for any purpose other than as described in a Fundraiser description;
   26. any other activity that Trikl may deem, in its sole discretion, to be in support of individuals and/or entities associated with alleged financial crimes including but not limited to corruption, bribery, tax evasion, fraud, and activities of a similar nature; or
   27. any other activity that Trikl may deem, in its sole discretion, to be unacceptable.
2. not to use the Services to transmit or otherwise Upload any User Content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to Upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; or (vi) in the sole judgment of Trikl, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Trikl or its Users to any harm or liability of any type;
3. not to interfere with or disrupt servers or networks connected to or used to provide the Services or their respective features, or disobey any requirements, procedures, policies or regulations of the networks connected to or used to provide the Services;
4. not to harvest, collect or publish personally identifiable information of others;
5. not to raise funds for a minor without the express permission of the minor’s guardian unless the funds are transferred into a trust account for the sole benefit of the minor;
6. not to use the Services on behalf of a third party or post any personal data or other information about a third party, without the express consent of that third party;
7. not to use another User’s account or URL without permission, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, misrepresent a Charity or Fundraiser through the Services, or post User Content in any inappropriate category or areas on the Services;
8. not to create any liability for Trikl or cause us to lose (in whole or in part) the services of our Internet Service Provider(s), web hosting company or any other vendors or suppliers;
9. not to engage in any conduct that, in Trikl’s sole judgment and discretion, restricts or inhibits any other User from using or enjoying the Services;
10. not to gain unauthorized access to the Services, or any account, computer system, or network connected to the Services, by any unauthorized or illegal means;
11. not to obtain or attempt to obtain any materials or information not intentionally made available through the Services;
12. not to use the Services to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contain advertising, except that using the Services for fundraising activities in accordance with these Terms of Service is expressly permitted;
13. not to transmit more request messages through the Services in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;
14. not to undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Services; or
15. not to attempt to undertake indirectly any of the foregoing.

Additionally, with respect to all Donations you make or accept through the Services, you agree and represent, warrant and covenant:

1. not to make or accept any Donations that you know or suspect to be erroneous, suspicious or fraudulent;
2. not to use the Services in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC);
3. to maintain reasonable and standard security measures to protect any information transmitted and received through the Services, including without limitation, adhering to any security procedures and controls required by Trikl from time to time;
4. to maintain a copy of all electronic and other records related to Fundraisers and Donations as necessary for Trikl to verify compliance with these Terms of Service and make such records available to Trikl upon our request. For clarity, the foregoing does not affect or limit your obligations to maintain documentation as required by applicable laws, rules, regulations, or governmental authority; and
5. at Trikl’s request, to fully cooperate in the auditing of, investigation of (including without limitation, investigations by Trikl, a Payment Processor, or a regulatory or governmental authority), and remedial efforts to correct any alleged or uncovered violation or wrongdoing of a User to whom, or Fundraiser or Donation to which, you are connected.

Trikl reserves the right to refuse, condition, or suspend any Donations or other transactions that we believe in our sole discretion may violate these Terms of Service or harm the interests of our Users, business partners, the public, or Trikl, or that expose you, Trikl, or others to risks unacceptable to us. We may share any information related to your use of the Services with the appropriate financial institution, regulatory authority, or law enforcement agency consistent with our legal or contractual obligations. This information may include information about you, your account, your Donors, your Donations, and transactions made through or in connection with your use of the Services.

DONOR CONDUCT

Donations: In order to contribute to a Fundraiser or to a Charity, a Donor will be required to provide Trikl information regarding the Donor’s credit card or other payment instrument (“Payment Instrument”) that is linked to the Donor’s Trikl account (a “Billing Account”). You, as a Donor, represent and warrant to Trikl that such information is true, current and accurate and that you are authorized to use the applicable Payment Instrument. You agree that a certain minimum Donation amount may apply, and that all Donations are final and will not be refunded unless Trikl, in its sole discretion, agrees to issue a refund, for example in accordance with the Trikl Guarantee. Trikl uses third-party payment processing partners to bill you through your Payment Instrument and Billing Account for any Donations made, and Donors acknowledge that by contributing a Donation to a Fundraiser, the Donor agrees to the processing, use, transfer or disclosure of data by the Payment Processors pursuant to these Terms of Service as well as any and all applicable terms set forth by our payment partners.  Our current Payment Processors include: Stripe, Inc. (Stripe’s terms of service) and PayPal, Inc. (PayPal’s terms of service).

ORGANIZERS, BENEFICIARIES OR CHARITIES

Account Holds: From time to time, Trikl may, in its sole discretion, place a hold on a Fundraiser account (a “Hold”), restrict Withdrawals (defined herein as the transfer of Funds raised to Beneficiary), initiate a reverse ACH transfer, secure reserves, or take similar actions to protect its interests and those of its Users. Some of the reasons that we may take such actions include, but are not  limited to, our belief or determination, in our sole and absolute discretion, that: (i) information provided by an Organizer is false, misleading, or fraudulent, or funds are being used in a prohibited manner, (ii) the funds available should be provided directly to a person other than the Organizer, such as a legal beneficiary or person entitled by law to act on behalf of an Organizer, (iii) a Fundraiser or Organizer has violated these Terms of Service, (iv) the Organizer is colluding with Donors to engage in fraudulent activity, (v) there may be suspicious or fraudulent Donation activity, or (vi) such action(s) is required to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations. If you have questions about a Hold we may have placed on your Fundraiser account, or need information about how to resolve the Hold, please contact [email protected].

Withdrawing Donations from a Fundraiser: While Trikl strives to make Withdrawals available to you promptly, you acknowledge and agree that: (i) Withdrawals may not be available to you for use immediately, (ii) Trikl does not guarantee that Withdrawals will be available to you within any specific time frame, and (iii) Trikl expressly disclaims any and all responsibility for any delay in Withdrawals or your inability to access and use Withdrawals at any specified time, and any consequences arising from such delay or inability. You, as an Organizer and/or Beneficiary, are responsible for ensuring that the information you provide to Trikl in order to process a Withdrawal, including bank account information, is accurate and up to date. Trikl may, at any time, for any reason, without notice, and in its sole discretion, offer or issue a refund of Donation(s) with or without consulting with you, which may comprise the entire amount donated to your Fundraiser. Trikl is not liable to you or to any third party for any claims, damages, costs, losses, or other consequences caused by Trikl issuing refunds, including, but not limited to transaction or overdraft fees.

PAYMENT PROCESSORS 

Trikl uses Payment Processors to process Donations for your Fundraiser and thereafter deliver it to you. In order to withdraw funds from a Fundraiser, an Organizer or, if not the same, Beneficiary (collectively “Withdrawing Entity”) will be required to provide the Payment Processor information regarding bank account information (“Withdrawing Account”). You, as Withdrawing Entity, represent and warrant to Payment Processor and Trikl that such information is true and that you are authorized to use the applicable Withdrawing Account. 

By setting up a Fundraiser or accepting the role of Beneficiary to a Fundraiser, the Withdrawing Entity agrees to the processing, use, transfer or disclosure of data by the Payment Processors pursuant to these Terms of Services as well as any and all applicable terms set forth by the applicable Payment Processors.  Our current Payment Processors include: Stripe, Inc. (Stripe’s terms of service), WePay, Inc., and PayPal, Inc. (PayPal’s terms of service), and PayPal Giving Fund.

Payment Processors for Charities: Trikl has partnered with PayPal and, in limited circumstances, Adyen or Stripe, for Donations to Charities. Although exceptions can be made, Charities in the United States, United Kingdom, Canada and Australia will be defaulted to using PayPal to process Donations made through the Services. The manner in which transactions are processed is explained below. Charities in other countries will be defaulted to using Adyen or Stripe.

1. PayPal.
   1. PayPal is the Payment Processor for Fundraisers with a Charity identified as a Beneficiary. 
   2. In the United States, all Donations made through those Fundraisers will be accepted by PayPal Giving Fund, a grant-giving IRS-registered 501(c)(3) public charity. PayPal Giving Fund receives Donations from Users as the charity of record and then, to the extent it is able, grants Funds to the Charity selected by the Organizer and identified in the Fundraiser. While PayPal Giving Fund takes multiple steps to attempt to grant donated funds according to the Donor’s identified preference, PayPal Giving Fund retains exclusive control over all Donations. If a Charity fails to meet the terms of PayPal Giving Fund’s Nonprofit Certification Policy and/or fails to meet PayPal Giving Fund’s due diligence standards for receipt of a donation at any time, PayPal Giving Fund may reassign the funds in accordance with its policy here. When PayPal Giving Fund receives your Donation, it will forward the Donation to the Charity of your choice, but PayPal Giving Fund will appear on your tax receipt. Donations made through PayPal Giving Fund are governed by the Privacy Policy and User Agreement of PayPal Giving Fund and PayPal.
   3. PayPal Giving Fund has foreign counterparts, which are also registered charities in those countries. For example, if an Organizer in the United Kingdom starts a Fundraiser for a Charity in the United Kingdom, then PayPal will act as the Payment Processor with PayPal Giving Fund UK receiving the Donations.  Thereafter, PayPal Giving Fund UK will grant funds to the Charity identified in the Fundraiser, to the extent it is able, and it will issue country dependent tax documentation for all Donations received through it.  
2. Stripe.  When Stripe  processes a Donation through the Services for a Charity, the Donation will go directly from the Donor to the Charity’s merchant account. Donations will appear on the Donor’s credit card statement under the name of the Charity to which the Donor contributed. For more information, see Conditions or Stripe’s services agreement.

SPECIAL NOTICE FOR INTERNATIONAL USE; EXPORT CONTROLS

Software (defined below) available in connection with the Services and the transmission of applicable data, if any, may be subject to export controls and economic sanctions laws of the United States or other jurisdictions. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of such export control and economic sanctions laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Services, including as it concerns online conduct and acceptable content.

APPLE-ENABLED SOFTWARE APPLICATIONS

Trikl offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:

• Trikl and you acknowledge that these Terms of Service are concluded between Trikl and you only, and not with Apple, and that as between Trikl and Apple. Trikl, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
• You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
• Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
• Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
• Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Trikl’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
• Trikl and you acknowledge that Trikl, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
• In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Trikl and Apple, Trikl, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
• You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; (ii) you are not listed on any U.S. Government list of prohibited or restricted parties and (iii) you are not located in any other country or jurisdiction from which you would be barred from using the Services by applicable law.
• If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to Trikl as follows:  Trikl c/o Legal Dept. 1712 Pioneer Avenue, Cheyenne, WY 82001

Or [email protected]

Trikl and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third-party beneficiary thereof. Accordingly, the parties acknowledge and agree that Trikl enters into this clause (“Apple-Enabled Software Applications”) for its own benefit and on its own behalf and also as an agent for the benefit and on behalf of Apple and its subsidiaries with respect to the exercise and enforcement of all rights, benefits and remedies of Apple and its subsidiaries (but not any obligation or burden) in this clause (“Apple-Enabled Software Applications”) which rights, benefits and remedies shall be enforceable by Trikl in its own right and also as agent for and on behalf of each of Apple and its subsidiaries. Trikl may amend, terminate or rescind these Terms of Service without the consent of Apple or any such subsidiary.

INTELLECTUAL PROPERTY RIGHTS

Services Content, Software and Trademarks: You acknowledge and agree that the Services may contain content or features (“Services Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Trikl, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Services Content, in whole or in part, except that the foregoing does not apply to your own User Content that you legally upload to the Services. In connection with your use of the Services you will not engage in or use any data mining, spiders, robots, scraping or similar data gathering or extraction methods. If you are blocked by Trikl from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Services Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of Trikl, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Trikl.

The Trikl name and logos are trademarks and service marks of Trikl (collectively the “Trikl Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with or connected to Trikl. Nothing in these Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Trikl Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of Trikl Trademarks will inure to our exclusive benefit.

Third-Party Material: Under no circumstances will Trikl be liable in any way for any content or materials of any third parties (including Users) or any User Content (including, but not limited to, for any errors or omissions in any User Content), or for any loss or damage of any kind incurred as a result of the use of any such User Content. You acknowledge that Trikl does not pre-screen User Content, but that Trikl and its designees will have the right (but not the obligation) in their sole discretion to refuse, remove, or allow any User Content that is available via the Services at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.

User Content Transmitted Through the Services: With respect to the User Content, you represent and warrant that you own all right, title and interest in and to, or otherwise have all necessary rights and consents to (and to allow others to) fully exploit, such User Content, including, without limitation, as it concerns all copyrights, trademark rights and rights of publicity or privacy related thereto. By uploading, sharing, providing, or otherwise making available any User Content, or any portion thereof, in connection with the Services, you hereby grant and will grant Trikl and its affiliated companies and Users a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Services or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. Without limiting the foregoing, if any User Content contains your name, image or likeness, you hereby release and hold harmless Trikl and its contractors and employees, from (i) all claims for invasion of privacy, publicity or libel, (ii) any liability or other claims by virtue of any blurring, distortion, alteration, optical illusion, or other use or exploitation of your name, image or likeness, and (iii) any liability for claims made by you (or any successor to any claim you might bring) in connection with your User Content, name, image or likeness. You waive any right to inspect or approve any intermediary version(s) or finished version(s) of the results of the use of your User Content (including your name, image or likeness). Further, if any person (other than you) appears in your User Content, you represent and warrant that you have secured all necessary licenses, waivers and releases from such person(s) for the benefit of Trikl in a manner fully consistent with the licenses, waivers and releases set forth above. You further acknowledge that your participation in the Services and submission of User Content is voluntary and that you will not receive financial compensation of any type associated with the licenses, waivers, and releases set forth herein (or Trikl’s exploitation thereof), and that the sole consideration for subject matter of this agreement is the opportunity to use the Services.

We do not guarantee that any Services Content will be made available through the Services. We reserve the right to, but do not have any obligation to (i) remove, edit or modify any Services Content or User Content, in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Services Content or User Content, or if we are concerned that you may have violated these Terms of Service), or for no reason at all, and (ii) remove or block any Services Content or User Content from the Services.

Payment Card Industry Data Security Standard: The Payment Card Industry Data Security Standard (PCI DSS) is a set of industry-mandated requirements for any business that handles, processes, or stores credit card information. The primary purpose of the standard is to maintain controls around cardholder data to reduce credit card fraud. Although card data is processed and stored by our Payment Processors, Trikl has achieved the highest level of PCI Compliance as PCI DSS Level 1 Compliance Service Provider. To learn more, see Trikl’s security information.

Copyright or Trademark Complaints: Trikl respects the intellectual property of others, and we ask our Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Trikl of your infringement claim in accordance with the procedure set forth below.

Trikl will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”), trademark infringement and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed infringement should be emailed to Trikl’s Copyright Agent at [email protected] (Subject line: “DMCA Takedown Request”). You may also contact us by mail at:

Trikl Copyright Agent, Trikl, 1712 Pioneer Avenue, Cheyenne, WY  82001.

To be effective, the notification must be in writing and contain the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work, trademark, or other intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Services, with enough detail that we may find it on the Services;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright, trademark or intellectual property owner, its agent, or the law; and
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the owner, the owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the above-listed Copyright Agent:

• your physical or electronic signature;
• identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
• a statement that you have a good-faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
• your name, address, telephone number, and email address, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Trikl will send a copy of the counter-notice to the original complaining party, informing that person that Trikl may replace the removed content or cease disabling it in 10 business days. Unless the owner files an action seeking a court order against the content provider, member or User, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

Repeat Infringer Policy: In accordance with the DMCA, trademark and other applicable law, Trikl has adopted a policy of terminating, in appropriate circumstances and at Trikl’s sole discretion, Users who are deemed to be repeat infringers. Trikl may also at its sole discretion limit access to or terminate the Services and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

THIRD PARTY WEBSITES/SERVICES

The Services or third parties may provide or facilitate links, tools, widgets or other features that allow you to access other sites, services and resources provided by third parties (collectively, “Third Party Resources”). Trikl has no control over such Third Party Resources or any products, services or content made available through or by such Third Party Resources, or the business practices of the third parties providing such Third Party Resources, and Trikl is not responsible for and does not endorse such Third Party Resources or the products, services or content made available thereby. You acknowledge that Trikl is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such Third Party Resources. You further acknowledge and agree that Trikl will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods or services available on or through any such Third Party Resources. Any dealings you have with third parties found while using the Services are between you and the third party and may be subject to additional terms provided by the third party, which you agree to by using such Third Party Resources.  As an example of this, if you use the Trikl Platform through your mobile device, and you upload a video to a Fundraiser, that video will be uploaded using YouTube, and subject to the YouTube Terms of Service. And you agree that Trikl is not liable for any loss or claim that you may have against any such third party.

INDEMNITY AND RELEASE

You agree to release, indemnify on demand and hold Trikl and its affiliates and their officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, costs, awards, fines, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any Donation or Fundraiser, any User Content, your connection to the Services, your violation of these Terms of Service or your violation of any rights of another. You agree that Trikl has the right to conduct its own defense of any claims at its own discretion, and that you will indemnify Trikl for the costs of its defense (including, but not limited to attorney’s fees). If you are a California resident, you waive California Civil Code Section 1542, which says: “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.” If you are a resident of another jurisdiction—in or outside of the United States—you waive any comparable statute or doctrine.

DISCLAIMER OF WARRANTIES

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TRIKL AND ITS AFFILIATES EXPRESSLY DISCLAIM AND EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TRIKL AND ITS AFFILIATES MAKE NO WARRANTY OR CONDITION THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER TRIKL NOR ITS AFFILIATES WILL BE LIABLE FOR ANY (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, (B) DAMAGES FOR LOSS OF PROFITS, (C) DAMAGES FOR LOSS OF GOODWILL, (D) DAMAGES FOR LOSS OF USE, (E) LOSS OR CORRUPTION OF DATA, OR (F) OTHER INTANGIBLE LOSSES (EVEN IF TRIKL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) ANY PROMOTIONS AND RELATED PRIZES OR REWARDS MADE AVAILABLE THROUGH THE SERVICES; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (VI) ANY OTHER MATTER RELATING TO THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TRIKL’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES (INCLUDING CONTRACT, NEGLIGENCE, STATUTORY LIABILITY OR OTHERWISE) OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TRIKL IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

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 LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

DISPUTES

ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS

Arbitration; Class Action Waiver: YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR ANY OF OUR OFFICERS, DIRECTORS OR EMPLOYEES ACTING IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING OUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Notwithstanding the foregoing, nothing in these Terms of Service will be deemed to waive, preclude, or otherwise limit the right of either of us to (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) file suit in a court of law to address an intellectual property infringement claim.

The Process: Any arbitration between you and us will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms of Service. The AAA Rules and filing forms are available online at www.adr.org.

A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Our current address for Notice is: Trikl, Inc., ℅ Legal Department, 855 Jefferson Avenue, PO Box 1329, Redwood City, CA 94063. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). We agree to work with you and make a good faith effort to resolve the claim directly, but if we aren’t successful within 60 days after the Notice of Arbitration is received, you or we may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by either of us must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount which exceeds the last written settlement amount offered by us in settlement of the dispute prior to the award, we will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) $10,000.00.

Fees: If you commence arbitration in accordance with these Terms of Service, we will reimburse you for your payment of the filing fee unless your claim is for more than $10,000 in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at an agreed upon location in San Francisco, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county of your billing address. If the arbitration finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in the Federal Rule of Civil procedure 11(b), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse us for all monies previously disbursed by us that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

No Class Actions: YOU AND WE AGREE THAT EACH MAY BRING CLAIMS TO THE FULLEST EXTENT LEGALLY PERMISSIBLE AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

Modifications to this Arbitration Provision: If we make any future change to this arbitration provision, other than a change to our address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to our address for Notice of Arbitration, in which case your account with us will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

Enforceability: If this Disputes section is found to be unenforceable, then the entirety of this Disputes section will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in the General section below will govern any action arising out of or related to these Terms of Service.

Confidentiality: We each agree to keep the arbitration proceedings, all information exchanged between us, and any settlement offers confidential, unless otherwise required by law or requested by law enforcement or any court or governmental body. However, we may each disclose these matters, in confidence, to our respective accountants, auditors, and insurance providers.

TERMINATION

You agree that Trikl, in its sole discretion, may suspend or terminate your account (or any part thereof) or your access to the Services and remove and discard any User Content or data at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.

USER DISPUTES

You agree that you are solely responsible for your interactions with any other User in connection with the Services and Trikl will have no liability or responsibility with respect thereto. Trikl reserves the right, but has no obligation, to become involved in any way with disputes between you and any other User of the Services.

GENERAL

These Terms of Service constitute the entire agreement between you and Trikl and govern your use of the Services, superseding any prior agreements between you and Trikl with respect to the Services. You also may be subject to additional terms of service that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Trikl agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Mateo County, California. The failure of Trikl to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be (or are otherwise) invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Trikl, but Trikl may assign or transfer these Terms of Service, in whole or in part, without restriction. If we fail to enforce any of our rights, that does not result in a waiver of that right. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Services may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Trikl Platform. Trikl may, at any time, assign our rights or delegate our obligations hereunder without notice to you in connection with a merger, acquisition, reorganization or sale of equity or assets, or by operation of law or otherwise. Nothing in these Terms shall prevent Trikl from complying with the law. Trikl shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war or threats of war, terrorism or threats of terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, governmental regulation or advisory, recognized health threats, as determined by the World Health Organization, the Centers for Disease Control, or local government authority or health agencies, strikes or shortages or curtailment of transportation facilities, fuel, energy, labor or materials.

PRIVACY POLICY

At Trikl, we respect the privacy of our Users. For details, please see our Privacy Policy. By using the Services, you consent to our collection and use of personal data as outlined therein. If you are in Europe, by using the Services, you acknowledge Trikl’s collection and use of personal information as described in the Privacy Policy.

QUESTIONS? CONCERNS? SUGGESTIONS?

Please visit our Contact Us link.

Privacy Policy 

Welcome to the websites, mobile application or widgets (as the case may be) operated by trikl.org (including its subsidiaries, affiliates, agents, and service providers, collectively, “Trikl”, “we”, “us” or “our”). Trikl provides a platform through its website at https://trikl.com and attendant mobile applications (collectively, with any new features and applications, the “Trikl Platform”) and the Trikl Community and related services (collectively, with the Trikl Platform, the “Trikl Services”) which services related to the creation of accounts and processing of donations will be deprecated on 6 December 2021. The Trikl Platform (“Platform”) provides information about Trikl, and explains how users can post a fundraiser, accept monetary donations and details our related services (together with the Platform, the “Services”) to users and visitors (“you” or “your”).

This Privacy Policy (the “Policy”) describes and governs how we collect, use, share and protect information collected in the context of our Services. Before you use or submit any information through or in connection with the Services, please review this Policy carefully. By using any part of the Services, you consent to the collection, use and disclosure of your information as outlined in this Policy. To the extent allowed by law, the English version of this Policy is binding, and other translations are for convenience only.

If you are in the European Economic Area, the United Kingdom or Switzerland (“Europe”):

• for the purposes of the EU General Data Protection Regulation 2016/679 (the “GDPR”), the data controller is Trikl, Inc. and can be reached at the address set out at [email protected] below; and
• you will not need to consent to this Privacy Policy, but you acknowledge that you have read and understood its terms.

If you are a resident of California, the California Consumer Privacy Act of 2018 provides you with additional rights. Please see the CA Consumer Privacy Act Notice for more information.

INFORMATION WE COLLECT

 As further described below, when you use or otherwise access the Services, we collect information in multiple ways, including when you provide information directly to us, and when we passively collect information from your browser or device (e.g., by logging how you interact with our Services).

1. Information That You Provide Directly to Us:
2. Registration information:
   When you register for our Services or open an account, we collect your email address and login details, your postcode, your country, your phone number (for purposes of multi-factor authentication and to provide you with important messages) and any information you choose to provide us (such as a profile picture).

If you are a charity or non-profit organization and are established as such under the applicable laws of incorporation (“Charity”), and you are located in the PayPal Giving Fund databases of the United States, United Kingdom, Canada or Australia, then we collect your name and email address. Thereafter, we will ask that you select your Charity and provide information to verify that you are a representative of said Charity. Alternatively, if you are outside of those four countries, then email us at [email protected].

If you have any questions about, or wish to review or correct, the information we maintain about you on the Trikl Platform, please email [email protected].

1. Creation of a fundraiser:
   When you create a fundraiser on the Platform, we collect the information you choose to provide us in relation to your fundraiser and we display it through our Platform. For example, you can provide a fundraiser title, choose a fundraiser category, upload images and describe your fundraiser goal(s). You might, in creating a fundraiser, choose to provide us with information relating to third parties by organizing a fundraiser for a family member or friend, and in doing so, you disclose the name or circumstances of that family member or friend. By providing information in a fundraiser, you consent to our collection, storage and use of your data. If you upload personal data related to third parties, you acknowledge and agree that you have the authority of the relevant third parties for us to access and use the relevant data and that you have notified the third parties and informed them of how their information is collected and used by Trikl to provide the Services. We reserve the right to identify you as the person who has made the referral in any messages that are sent to them.

Our payment processors also collect and maintain information related to your withdrawal of funds from any fundraiser.

III. Setting up withdrawals:

When you are the beneficiary (or the recipient of funds from a fundraiser), we collect your contact details (such as name and email address), postcode, country, your phone number (for purposes of multi-factor authentication and to send you important messages) and any information you choose to provide us.   

Our payment processors collect your bank details as well as other information necessary to set up the withdrawals.

1. Donation information:
   On the Trikl Platform, when you donate to a fundraiser, we collect your contact details (such as name and email address), postcode, country, and any information you choose to provide us (such as a description of why you have donated). 

Our payment processors collect your credit card details and other information necessary to process the donation such as your home address.

1. Public Communications:
   You can post comments, leave feedback, send thank-you notes or otherwise communicate with other users through our Platform. Any content, including such comments, feedback, and notes that you choose to post through our Platform are available to the public by default. 

Please remember that any information that is disclosed in these areas becomes public information for both us and other users to use and share. Take care not to share personal data unless you intend for that data to become public. Please also be considerate and respectful of others while using the community to share your opinions. We reserve the right, but do not have the obligation, to review and monitor such posting or any other content on our Services, and to remove postings or content that may be viewed as inappropriate or offensive to others.

1. Communications to Trikl:
   You may contact us via a contact form, email, by chat services or by other means (for example, with questions about our Services, for customer support, or to let us know your ideas for new products or modifications to existing products). You may also choose to respond to surveys that we send out, or queries about your fundraisers. When you do so, we collect the information you choose to provide us, such as your contact details, any images you choose to upload and the contents and nature of your message.

We would ask that you take care not to send financial information or other sensitive personal data to us through our chat services or other means, unless we ask you specifically for that data as part of providing our Service to you.  When you provide such information to us directly, you consent to the processing of this data by Trikl and/or our service providers. We collect the information listed in this section for the purposes described below in the sections “Our Use of Information Collected” and “Our Disclosure of Information Collected Through the Services”. While you are under no obligation to provide us with such information, should you choose to withhold such information, we may not be able to provide you with some or all the Services.

 VII. Information relating to third parties:
You can choose to provide us with information relating to third parties. For example, if you choose to share your fundraiser with family and friends through our Platform’s texting services. If you decide to do that, we give you the option to either add information to our Platform or to provide us access to information stored in your email and mobile device’s address books, such as names, email addresses, or phone numbers of your contacts (collectively, “Third-Party Data”).
If you use any feature of the Services that allows you to communicate with third parties (such as to refer a third party to the Services or to communicate with them regarding a fundraiser or a donation), either by submitting Third-Party Data to the Services or otherwise permitting the Services to automatically access Third-Party Data in your possession, you acknowledge, represent, and agree (a) that you have the authority of the relevant third party for us to access and use the relevant Third-Party Data, and (b) that you have notified these third parties and informed them how their information is collected and used by Trikl to provide the Services.
We reserve the right to identify you as the person who has made the referral in any messages that are sent to them. We use Third-Party Data to (1) contact such third party using the Third-Party Data provided, and/or (2) provide you with an editable template message designed to facilitate communication between you and such third party through the Services. In addition to sending the foregoing communications, we may also send reminders or related messages to you and to third parties on your behalf from time to time where permitted by applicable law. In each case, any such communications sent to third parties using Third-Party Data will provide a means to “opt out” of receiving further communication of the same nature.

VIII. Sensitive information:
You can also provide us with information about yourself or third parties that is considered sensitive, such as political opinions, health information or religious beliefs. If you post this information in a fundraiser, you choose to provide such information to be published publicly in relation to your fundraiser, donation or otherwise.
When you provide such information to us directly, you consent to the processing of this data by Trikl and/or its service providers. We collect the information listed in this section for the purposes described below in the sections “Our Use of Information Collected”. 

1. Biometric information:

We use third-party services for identity verification and fraud prevention purposes. These biometric information services, acting as our processors, may collect a copy of your government-issued ID (i.e., your driver’s license, or passport) and a scan of the picture on your government-issued ID for identification purposes (“biometric information”) and employ facial recognition technology to verify your identity. These biometric information services provide us with a confirmation as to whether your identity has been validated or not. Except as stated here, Trikl does not retain any biometric information, and instead that information is maintained by the processors performing the services. By sharing your information with these biometric information services, you consent to the collection, processing, sharing and storage of your biometric information for identity verification and fraud prevention purposes. 

Your biometric information will be used for identity verification and fraud prevention purposes and in accordance with this Policy. If you do not consent to the collection and use of your biometric information, we will use a copy of your government-issued ID and other information to verify your identity.

Your biometric information will be retained by our processors for as long as necessary for identity verification and fraud prevention and in accordance with applicable law. Please contact us as detailed in the “Contacting Trikl” section to the extent you have any questions regarding your biometric information.

1. Data from Other Services:

Trikl may use other third-party services to improve the quality of our own customer database so that we might improve our Services to you. If you would like to opt out of these efforts, please contact us at the email address or mailing address set forth under “Contacting Trikl”.

1. Information That is Passively or Automatically Collected:
2. Device & Usage Information:
   When you interact with Trikl through the Services, we automatically receive and store certain information from devices that you use to access the Services. This information is collected passively by using various technologies, and includes the type of internet browser or mobile device you use, any website from which you have come to the Services, your operating system, and location data through an IP address that identifies the city and region where you logged into the Platform or your precise geo-location if you have permitted your mobile device to provide that information to us. Trikl either stores such information itself or such information is included in databases owned and maintained by Trikl, and/or its agents or service providers.
3. Location Information:
   When you use the Services to organize a fundraiser, the Services request that you provide your postcode, city or town, and state or region of residence. Please keep in mind that other users of the Services can view your postcode, city or town, and state or region of residence in connection with the fundraiser, if it is made available within Trikl’s Public Search Directory. We also use your location information as described above under “Device & Usage Information”, and in an aggregate way, as described below in the “Aggregated Data” section.

III. Cookies and Other Electronic Technologies:
When you interact with the Services, we try to make that experience simple and meaningful. When you visit our Platform, our web server, third-party business providers, and/or the Social Networking Services (defined below) integrated into the Service, we use cookies or other electronic technologies (such as web beacons or pixel tags) for various purposes. Cookies are small pieces of information that are issued to your computer or mobile device when you visit a website, or access or use a mobile application. That information regarding your use of the Platform is stored and sometimes tracked. Web beacons are transparent image files, which enable the Platform to track website usage information. Unlike cookies, web beacons are not placed on your computers. Pixel tags are tiny graphic images with unique identifiers that track online movements of our users. Unlike cookies, pixel tags are embedded in web pages. We will refer to the cookies and other technologies identified here collectively as “Cookies” for purposes of this Policy. 

1. Type of Cookies
   Some Cookies are strictly necessary to make our Services available to you (“Essential Cookies”). For example, Essential Cookies are used to provide the chat and login functionality and to remember your consent and privacy choices. We cannot provide our Services without these Essential Cookies.
   We also use Cookies for functional purposes in order to maintain and improve our Services or your experiences, and for marketing purposes (collectively, “Non-Essential Cookies”). Some of the Non-Essential Cookies used are set by us to collect and process certain data on our behalf and some are set by third parties and/or our Social Networking Services. 
2. Information to and from Social Networking ServicesNon-Essential Cookies include Cookies we use in conjunction with the Social Networking Services. One of the special features of the Services is that it allows you to enable or log into the Services via various Social Networking Services, like Facebook or Twitter, or to upload videos using YouTube APIs (“Social Networking Service(s)”). By directly integrating these services, we aim to make your online experiences richer and more personalized. To take advantage of these features, we will ask you to provide your credentials for the applicable Social Networking Service in order to log in to our Services. When you add a Social Networking Services account to the Services or log into the Services using your Social Networking Services account, we will collect relevant information necessary to enable the Services to access that Social Networking Service. As part of such integration, the Social Networking Service will provide us with access to certain information that you have provided to the Social Networking Service (for example, your name and photograph, as well as other information that you permit the Social Networking Service to share with us).
   We will use, store, and disclose such information in accordance with this Policy. However, please remember that the manner in which Social Networking Services use, store, and disclose your information is governed by the policies of such third parties, and Trikl shall have no liability or responsibility for the privacy practices or other actions of any Social Networking Services that may be enabled within the Services. For example, if you upload a video onto your fundraiser using the mobile application for the Trikl Platform, your video will be uploaded using YouTube and subject to Google’s Privacy Policy and Google’s Security Settings. You also have the option of using single sign on or posting your activities to Social Networking Services when you access content through the Services. By proceeding, you are allowing the Social Networking Service to access your information on the Platform, and you are agreeing to the Social Networking Service’s terms of use and privacy policy in your use of the Service. You further acknowledge that if you choose to use this feature, your friends, followers, and subscribers on any Social Networking Services you have enabled will be able to view such activity. For example, if you sign on using Facebook, Facebook’s privacy policy and terms of service would apply to the data Facebook might obtain from your activities on Trikl. Please visit the terms of use and privacy policy of the relevant Social Networking Service to learn more about your rights and choices, and to exercise your choice about those technologies. 

iii. Analytics 

We use third-party web analytics services on our Services, such as those of Google Analytics, to help us analyze how users use the Services, including by noting the third-party website from which you arrive, and providing certain features to you. The information (including your IP address) collected by the technology will be disclosed to or collected directly by these service providers, who use the information to evaluate your use of the Services. This information can be used to place interest-based advertisements on the Platform. This may result in you seeing advertisements for our Platform when you visit other websites. To prevent Google Analytics from using your information for analytics, you can install the Google Analytics Opt-out Browser Add-on. Google’s ability to use and share information collected by Google Analytics about your visits to the Site is restricted by the Google Analytics terms of use and the Google privacy policy.

1. Why We Use Cookies
   We use Cookies to collect information about your access to and use of the Platform, including to: (1) allow you to navigate and use all the features provided by our Platform; (2) customize elements of the layout and/or content within the Platform and remember that you have visited us before; (3) identify the number of unique visitors we receive; (4) improve the Platform and learn which functions of the Platform are most popular with users; and (5) understand how you use the Platform (e.g. by learning how long you spend on the Platform and where you have come to the Platform from). As we adopt additional technologies, we may gather additional information through other methods. We will notify you of such changes with updates to this Policy.
2. Your Cookie Preferences
   Most web and mobile device browsers automatically accept Cookies but, if you prefer, you can change your browser to prevent that or to notify you each time a cookie is set. You can also learn more about Cookies by visiting www.allaboutcookies.org, which includes additional useful information on Cookies and how to block Cookies using different types of browsers or mobile devices.
   You can also consult the “Help” section of your browser for more information (e.g. Internet Explorer, Google Chrome, Mozilla Firefox, or Apple Safari). If you receive tailored advertising on your computer, you can control Cookies from being put on your computer by visiting the following:

1. 1. or advertising based in the United States either the Network Advertising Initiative’s Consumer opt-out link, the Digital Advertising Alliance’s Consumer opt-out link or the Your Ad Choices for App tool; or 
   2. for advertising in Europe, the Digital Advertising Alliance Consumer Ad Choices opt-out link. 

You can also manage the use of Flash technologies, including Cookies and local storage objects with the Flash management tools available at Adobe’s website. Please note that by blocking any or all Cookies, you may not have access to certain features or offerings of the Services.
If you are accessing our Services through a mobile device, you can also update your privacy settings on your device by setting the “Limit Ad Tracking” and Diagnostics and Usage setting property located in the settings screen of your Apple iPhone or iPad, or by resetting your Android ID through apps that are available in the Play Store. You can also limit information collection by uninstalling the App on your device and you can use the standard uninstall process available as part of your device for this purpose. Finally, and in connection with the Social Networking Services, you can visit your settings with each of the Social Networking Services to exercise your choice about those technologies.

OUR USE OF INFORMATION COLLECTED

Trikl uses the information collected from the Services in a manner that is consistent with this Policy. We use the information that you provide (or otherwise permit the Services to access) for the following purposes:

1. Communicating With You
   We use the information we collect to contact you for administrative purposes (e.g. to provide services and information that you request or to respond to comments and questions). For instance, if you contact us by email, we will use the information you provide to answer your question or resolve your problem. In addition, we may call you if you are not responding to email and your fundraiser is subject to refunds.
   We also use the information we collect to send you communications relating to the Services, such as updates on events, communications relating to products and services offered by us and by third parties, and communications about services we believe will be of interest to you. For example, we can send periodic emails to registered users of the Services relating to their recent interactions with the Services, such as donating to a fundraiser.
2. Mobile Services: If you access the Services through a mobile device and if you have chosen to provide us with your mobile number, or other electronic means to your mobile device, you agree that we can communicate with you regarding your Trikl account by SMS, MMS, text message. Further, when setting up your Trikl account, if you click “Send code” by “Text Message”, you agree to receive automated text messages related to your account from or on behalf of Trikl at the phone number provided. You can reply STOP to such text messages to cancel. Message frequency will vary. Message and data rates may apply. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Trikl account information to ensure that your messages are not misdirected. Please note that your wireless service provider’s standard charges, data rates, and other fees may apply where you access the Services through a mobile device. In addition, downloading, installing, or using certain Services on a mobile device may be prohibited or restricted by your service provider, and not all Services may work with all providers or devices. 
3. Providing the Services
   We use the information we collect to operate, maintain, and provide our Services such as enabling access to the Platform, customer support or to complete transactions. 
4. Security and Fraud Prevention

We use the information we collect to secure our Services and to verify identity, prevent fraud, and to continually improve these aspects of our Services.  This includes our request for your (mobile) telephone number to conduct multi-factor authentication when you create an account and/or at the time you set up withdrawals as a beneficiary.

1. Analytics, Research and Product Development
   We use the information we collect to analyze data usage trends and preferences in order to improve the accuracy, effectiveness, security, usability or popularity of our Services. We further use data in connection with our research on our customer demographics, interests and behavior.

If you are located in Europe, we process information as listed under A, B and C as necessary (i) to fulfil our obligations under our contract with you or in order to take steps at your request prior to entering into a contract, or (ii) for our legitimate interest, such as, to maintain our relationship with you or to protect you and us against fraud.

1. Customization
   We use the information we collect, such as device identifiers, to learn how users interact with our Services in order to personalize the content of our Services, such as customizing the language and fundraisers on our homepage based on your location.

If you are located in Europe, we process information as listed under D as necessary for our legitimate interest.

1. Legal
   We use information we collect to defend our legal rights, comply with national, state, local, federal, regional or international laws, and to enforce our Terms of Service and this Policy.

 If you are located in Europe, we process information as listed under E (i) to fulfil our obligations under our contract with you or in order to take steps at your request prior to entering into a contract; (ii) for our legitimate interest to maintain our relationship with you; (iii) to protect our business or protect you and us against fraud; or (iv) to comply with legal obligations.

OUR DISCLOSURE OF INFORMATION COLLECTED THROUGH THE SERVICES

There are certain circumstances in which we share information collected through the Services with certain third parties without further notice to you, as set forth below.

1. Business Transfers:
   As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution, similar event, or steps taken in anticipation of such events (e.g., due diligence in a transaction), user information may be part of the transferred assets.
2. Affiliates and Subsidiaries:

We share your personal information among the Trikl entities, including our affiliates and subsidiaries, in order to provide our Services including hosting, marketing and publicizing fundraisers; providing you with customer support; administering funds in connection with fundraisers; authenticating donors; sending you communications; and conducting the other activities described in this Policy.

1. Agents, Consultants, Vendors and Related Third Parties:
   Trikl contracts with other companies to perform certain business-related functions on Trikl’s behalf, and we provide access to or share your information with these companies so they can perform services for us. Examples of such functions include marketing, mailing information, data storage, security, identity verification, fraud prevention, payment processing, legal services, and maintaining databases. For example, if you are a donor in Australia, Trikl’s Australian entity, Trikl Australia Pty Ltd (ACN 627 702 630) contracts with Adyen Australia for payment processing. Adyen Australia, therefore, will collect, process and store your information on behalf of Trikl. We limit the personal information provided to these service providers and entities to that which is reasonably necessary for them to perform their functions, and we require them to agree to maintain the confidentiality of such information.
2. Third Parties that Partner With Us or Offer Services You Choose to Link

Trikl shares personal information with third parties that partner with us on various initiatives and/or that offer services you choose to link to your Trikl fundraiser or that are linked to a Trikl fundraiser to which you may donate. Examples of this are Social Networking Services and their integrated social media tools or “plug-ins”, or other groups such as Caring Bridge or The Knot. When Trikl shares personal information with third parties, we require those third parties to handle the information in accordance with relevant laws. When you link to or interact directly with third-party companies (or you donate to Trikl fundraisers that are linked), their use of your personal information and your use of their features are governed by the privacy notices of those companies. We encourage you to carefully read their privacy notices.

1. Legal Requirements:
   Trikl can access, disclose, transfer and preserve your information when we have a good faith belief that doing so is necessary to: (i) comply with the law including with subpoenas, search warrants, court orders, and other legal process; and respond to inquiries or requests from government, regulatory, law enforcement, public authorities, or content protection organizations; (ii) protect and defend the legal rights, privacy, safety or property of Trikl, its affiliates, subsidiaries, employees, agents, contractors, or its users; (iii) permit us to pursue available remedies, commence, participate in, or defend litigation, or limit the damages we may sustain; or (iv) enforce this Policy or any applicable Terms of Service.
2. Organizers and beneficiaries of fundraisers:
   We share your information with organizers and, if not the same, the beneficiaries of the fundraiser. For example, if you donate to a fundraiser, we share your name, email address and donation information you have provided in connection with your donation with the organizer or beneficiary, who may contact you. For example, if an individual starts a fundraiser for a Charity and you donate to that fundraiser, then if the information is requested, (i) the Charity can receive information about both the organizer, if not the same, and donors, and (ii) organizer can receive donor information. In the same scenario, the beneficiary may communicate with you about your donation and/or may rely on your information in order to comply with its legal and auditing requirements.
3. Your Consent
   We may share your information in the event that you consent to the sharing of your information. For example, we may partner with third-party organizations to arrange for specific fundraisers. If you consent to our providing your contact information to a specific partner, we share, with the partner organization, your name, email address and other information you have provided in connection with your donation to the specific fundraiser.
4. Aggregated Data
   We aggregate, anonymize and/or de-identify information collected actively or passively about you so that the information no longer relates to you individually. We then use that data for various lawful purposes, including but not limited to our research on our customer demographics, interests and behavior. We also share this information with our affiliates, agents, business partners, research facilities or other third parties (e.g., Google Analytics).
5. Cookies and Other Electronic Technologies

Information is shared as stated in the Section entitled “Cookies and Other Electronic Technologies”. 

1. Other Users of Our Services
   We provide your information to other users of our Services if you choose to make your information publicly available in a publicly accessible area of the Services, such as in your fundraiser or in the comments.

VOLUNTEERED INFORMATION

Please be advised that some information that you provide may be publicly accessible, such as information posted in forums or comment sections. We also collect information through forums and communities, surveys and customer support communications, your communication to us of ideas for new products or modifications to existing products, feedback and other solicited or unsolicited submissions (collectively, with publicly accessible information, “Volunteered Information”). By sending us Volunteered Information, you further (a) agree that we are under no obligation of confidentiality, express or implied, with respect to the Volunteered Information, (b) acknowledge that we may have something similar to the Volunteered Information already under consideration or in development, (c) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Volunteered Information, and (d) irrevocably waive, and cause to be waived, against Trikl and its users any claims and assertions of any moral rights contained in such Volunteered Information. This Volunteered Information section shall survive any termination of your account or the Services.

CHILDREN

Our Services are not designed for use by individuals under the age of 13 (or 16 for children located in Europe). If you are under the age of 13 (or 16 for children located in Europe), please do not use the Services and/or submit any information through the Services. If you have reason to believe that a child under the age of 13 (or 16 for children located in Europe) has provided personal information to Trikl through the Services, please contact us at [email protected], and we will delete that information from our databases to the extent required by law.

LINKS TO OTHER WEBSITES

This Policy only applies to the Services. The Services can contain links to other websites not operated or controlled by Trikl (the “Third-Party Sites”). The policies and procedures we described here do not apply to the Third-Party Sites. The links from the Services do not imply that Trikl endorses or has reviewed the Third-Party Sites. We suggest that you contact those sites directly for information on their respective privacy policies.

SECURITY

While no organization can guarantee perfect security, Trikl has implemented and seeks to continuously improve technical and organizational security measures to protect the information provided via the Services from loss, misuse, unauthorized access, disclosure, alteration, or destruction. For example, limiting access to information only to employees and authorized service providers who need to know such information for the purposes described in this Policy. 

DO-NOT-TRACK SIGNALS

Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. We do not recognize or respond to browser initiated DNT signals, as the Internet industry is currently still working toward defining exactly what DNT means, what it means to comply with DNT, and a common approach to responding to DNT. To learn more about Do Not Track, you can do so.

RETENTION OF YOUR INFORMATION

We retain your information for as long as we deem necessary for the purpose for which that information was collected and for our legitimate business operations; provided, however, that your information is only retained to the extent permitted or required by applicable laws. When we no longer need to retain your information, we will take reasonable steps to remove it from our systems and records and/or take steps to anonymize it so that you can no longer be identified from it in accordance with our internal document retention policies.

When determining the retention period for your information, we take into account various criteria, such as the type of products and services requested by or provided to you, the nature and length of our relationship with you, possible re-enrolment with our products or services, the impact on the Services we provide to you if we delete some information about you, mandatory retention periods provided by law and the statute of limitations.

PRIVACY SHIELD

With respect to transfers from Europe, while the European Court of Justice has held that the EU-US Privacy Shield Framework is no longer “adequate” for the transfer of personal data from Europe to the USA, Trikl continues to abide by the privacy principles and other requirements of the Privacy Shield with respect to personal data we collect in the US from data subjects in Europe. In addition, Trikl has implemented other appropriate cross-border transfer solutions, such as Standard Contractual Clauses, to provide adequate protection for transfers of certain personal data from the EU to the USA.

Trikl has certified with the EU-US and Swiss-US Privacy Shield as set forth by the US Department of Commerce regarding the collection, use, and retention of “personal data” (as defined under the Privacy Shield principles) from Europe. Trikl has certified that it adheres to the Privacy Shield Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement for such personal data. To learn more about the Privacy Shield Framework, visit the Department of Commerce’s Privacy Shield list by clicking here.

As required under the principles, when Trikl receives information under the Privacy Shield and then transfers it to a third-party service provider acting as an agent on Trikl’s behalf, Trikl has certain liability under the Privacy Shield if both (i) the agent processes the information in a manner inconsistent with the Privacy Shield and (ii) Trikl is responsible for the event giving rise to the damage.

If you have any questions or complaints about Trikl’s privacy practices, including questions related to the Privacy Shield, you can contact us at the email address, or the postal address set forth under “Contacting Trikl”. We will work with you to resolve your issue.

If you are in Europe and are dissatisfied with the manner in which we have addressed your concerns about our privacy practices, you can seek further assistance, at no cost to you, from our designated Privacy Shield independent recourse mechanism, the JAMS Privacy Shield Program, which you can learn more about by visiting https://www.jamsadr.com/eu-us-privacy-shield.

Residents of Europe can elect to arbitrate unresolved complaints but prior to initiating such arbitration, you must: (1) contact Trikl and afford us the opportunity to resolve the issue; (2) seek assistance from Trikl’s designated independent recourse mechanism above; and (3) contact the US Department of Commerce (either directly or through a European Data Protection Authority) and afford the Department of Commerce time to attempt to resolve the issue. Each party shall be responsible for its own legal fees. Please be advised that, pursuant to the Privacy Shield, the arbitrator(s) can only impose individual-specific, non-monetary, equitable relief necessary to remedy any violation of the Privacy Shield Principles with respect to the individual. Trikl is subject to the investigatory and enforcement powers of the US Federal Trade Commission (FTC).

YOUR RIGHTS AND CHOICES

You can access and correct certain information about you by visiting the “Account Settings” portion of our Platform. You can control whether certain information you post to the Services is publicly available to others by adjusting the settings in your account. You can also request in writing copies of personal information about you held by us. If that information is inaccurate, please let us know and we will endeavor to make the necessary amendments, erase, or block the relevant information as you request. For more information on your rights if you are in Europe, please see the “Users in Europe” section below.

USERS FROM OUTSIDE THE UNITED STATES

The Platform is hosted in the United States. If you are visiting the Platform from outside the United States, please be aware that your information may be transferred to, stored and processed in the United States where our servers are located, and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. By using the Platform, you consent to your information being transferred to our facilities and to the facilities of those third parties with whom we share it as described in this Policy.

USERS IN EUROPE

If you are located in Europe, you have the right to ask for an overview of the information we process about you, and for a copy of your information. In addition, you may request us to update and correct inaccuracies, delete your information, restrict processing of your information, or exercise your right to data portability to easily transfer your information to another company. In some cases, you may object to the processing of your information and where we have asked you for your consent to process your information, you can withdraw it at any time. The withdrawal of consent shall not affect the lawfulness of the processing based on consent before its withdrawal. The above rights may be limited under applicable law.

MARKETING OPT OUT 

Each marketing communication we send you will contain instructions permitting you to “opt out” of receiving future marketing communications. In addition, if at any time you wish not to receive any future marketing communications or you wish to have your name deleted from our mailing lists, please contact us at the email address or postal address set forth under “Contacting Trikl”. If you opt out of receiving marketing communications or other information, we think may interest you, we can still send you emails about your account or any Services you have requested or received from us.

You can make a request to exercise any of these rights in relation to your information by sending the request to us at the email address or postal address set forth under “Contacting Trikl”. For your own privacy and security, at our discretion, we may require you to provide your identity before providing the requested information. Please note that Trikl may take up to 30 days to fulfil such requests.

The above rights can be limited under applicable law. You also have the right to lodge a complaint with the local data protection authority if you believe that we have not complied with applicable data protection laws. You also have the right to lodge a complaint with the supervisory authority of your residence, place of work or where the incident took place.

OTHER TERMS

Your access to and use of the Services is subject to Trikl’s Terms of Service and such other terms, which may be made available to you in connection with your use of the Services. 

CHANGES TO TRIKL’S PRIVACY POLICY

Trikl reserves the right to update or modify this Policy periodically and at any time. We will notify you of any updates or changes we make to this Policy. If you disagree with our revisions to the Policy, you can deactivate your account or discontinue the use of our Services. Please review this Policy periodically for any updates or changes to this Policy.

If you are in Europe, you will not be required to agree to any changes to this Policy, but you do acknowledge that you have read and understood its terms.

CONTACTING TRIKL

Please also feel free to contact us if you have any questions about this Policy or the information practices of the Services. You can contact us as follows at [email protected].

You can have your campaign open for as long as you wish, especially to be able to see who contributed to your campaign.  There are withdrawal requirements that you need to keep in mind (see below).