EFFECTIVE DATE: January 20, 2025

PRIVACY POLICY OVERVIEW

EverGreen Dreams (“Company”, “we”, “us” or “our”) considers the privacy of the users of this Website to be extremely important. As a result, Company is committed to maintaining robust privacy protections for any user of this Website. This Website Privacy Policy (this “Privacy Policy”) describes in detail the type of Personal Information we may collect from You or that You may provide when You visit the website at www.evergreendreams.org (this “Website”) and our practices for collecting, using, maintaining, protecting, and disclosing that information in order to assist You in making informed decisions when using this Website.

“You”, “You,” “Your”, or “Your” refers to You, as a user of this Website.

This Privacy Policy applies to information we collect: (i) on this Website, or (ii) in email, text, and other electronic messages between You and this Website, (iii) when You interact with our advertising and applications on third-party websites and services, including, but not limited to, YouTube, Facebook, and/or Instagram, if those applications or advertising include links to this Privacy Policy, or (iv) when using technologies such as pixel tags, web beacons, clear gifs, use analytics and monitoring to measure the effectiveness of our advertising campaigns, other communications, improve content and services, usability and functionality of the systems as well as statistically analyze site use and performance.

This Privacy Policy does not apply to information collected by: (i) us offline or through any other means, including on any other website operated by Company or any third party, or (ii) any third party, including through any application or content (including advertising) that may link to or be accessible from or through this Website.

Please read this policy carefully to understand our policies and practices regarding Your information and how we will treat it. If You do not agree with our policies and practices, Your choice is not to use our Website. By accessing this Website, You accept this Privacy Policy and our Website Terms of Use, and You consent to our collection, storage, use, and disclosure of Your Personal Information as described in this Privacy Policy. This Privacy Policy may change from time to time (see Changes to this Privacy Policy). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates as applicable law and practices change over time.

Note that the section below entitled Dispute Resolution contains an arbitration clause and class action waiver. This means that all disputes between You and Company will be exclusively resolved through binding individual arbitration. Both you and Company give up rights to have those disputes decided by a judge or jury, and both you and Company give up rights to participate in class actions, class arbitrations, or representative actions.

CHILDREN UNDER THE AGE OF 13

Our Website is not intended for children under 13 years of age. No one under the age of 13 may provide any Personal Information to or on this Website. We do not knowingly collect Personal Information from children under 13. If you are under 13, do not use or provide any information on this Website or through any of its features, register on this Website, use any of the interactive or public comment features of this Website,] [or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received Personal Information from a child under 13 without the consent of a parent or guardian, we will delete that information as soon as possible. If you believe we have collected such information, please contact us at [email protected].

California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see Your State Privacy Rights for more information.

INFORMATION WE COLLECT AND HOW WE COLLECT IT

We collect “Non-Personal Information” and “Personal Information.” “Non-Personal Information” includes information about you but that cannot be used to personally identify you, such as anonymous usage data, general demographic information we may collect, education or academic information, current and future school enrollment information, involvement in work, school, and community activities referring/exit pages and URLs, platform types, preferences you submit and preferences that are generated based on the data you submit and number of clicks. “Personal Information” includes information that may personally identify you such as name, postal address, email address, telephone number, date of birth, marital status, or any other identifier by which you may be contacted online or offline, which you submit to us through this Website. We may also collect information about your internet connection, the equipment You use to access our Website, and usage details. For all Donors, certain personal information such as names, contact information, and financial information.

We collect this information: (i) directly from you when you provide it to us, (ii) automatically as you navigate through this Website. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies, (iii) any response You take in response to electronic communication that we send to you such as opening a message or clicking on an embedded link, and (iv) from third parties, for example, our business partners.

INFORMATION THAT YOU VOLUNTARILY PROVIDE

  • Donate to the Foundation;
  • Complete the “Contact Us” section; and/or
  • Subscribe to our newsletter.

Providing data is required in these contexts for us to process your donations, requests, or respond to inquiries. If you provide us with personally identifiable information, for example, by sending an e-mail or by filling out a form and submitting it through the site, we use that information to respond to your message and to help us provide you with the information and services that you request. All uses of that information are described on the web page containing the form.

Submitting voluntary information constitutes your consent to the use of the information for the stated purpose. When you click the “Submit” button on any of the web forms found on the site, you are indicating your voluntary consent for us to use the information you submit for the purpose stated.

In cases where donations are processed through a third-party service provider, donor information will only be used as necessary to process the donation. All processing of payments and related information, including by third party service providers, is protected by industry standard safeguards. We will not send mailings to our donors on behalf of other organizations unless a donor has given us specific permission to do so.

LINKS TO OTHER SITES

The Site may, from time to time, contain links to and from third-party websites of our partners, advertisers, and social networks.  If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for their policies.  Please check the individual policies before you submit any information to those websites.

HOW DO WE USE INFORMATION?

We collect information primarily to accept donations, complete our charitable projects, and provide you with information concerning our programs, projects, and activities. We also use the information for internal purposes (to better understand our supporter and user networks) and for analytical purposes (to respond to requests for information. Additional ways we use your information:

  • to provide you with the information or services you have requested, and communicate with you in general;
  • to analyze, evaluate and improve our work, programs, services, activities or information;
  • to provide updates on our work and request donations;
  • to invite you to talks and events hosted by us;
  • to thank donors for their support;
  • to administer any financial transaction between us;
  • to recruit employees and volunteers;
  • to ensure we are not contacting people who have told us not to;
  • to satisfy legal obligations which are binding on us;
  • for research purposes;
  • for the prevention of fraud or misuse of services; and
  • for the establishment, defense or enforcement of legal claims.

SCHOLARSHIP APPLICANTS

EverGreen Dreams requests two types of information from scholarship applicants via EverGreen Dreams’ online application (which is managed by a third-party vendor): contact information and personal information about an applicant’s background, academic career, and achievements, including a resume. Personal information is used for the sole purpose of evaluating applicants’ qualifications and granting scholarship awards. Contact information is used to communicate with applicants during the application process to ensure that their application is completed in full and submitted on time, and to notify them of EverGreen Dreams’ award decision.

Applicant contact information may also be used to inform applicants of EverGreen Dreams resources they may find helpful as they progress through their college career and initial job search and may be shared with third-party organizations for this purpose. If desired, applicants may opt out of receiving these communications (see the Opt-Out section below).

As a condition of accepting a scholarship award from EverGreen Dreams, recipients agree to allow use of their name, photograph, educational institution, course of study and other similar information on this Website and on other online platforms (e.g., Facebook, Instagram, LinkedIn, etc).

Other than as noted above and in the Legal Disclaimer below, information provided by applicants is never shared with third parties for any purpose. Furthermore, the Foundation has implemented procedures and security features to prevent the unauthorized release of, or access to, this information.

DONORS

EverGreen Dreams requests information from donors via this Website for the purpose of facilitating the donation process. This information includes contact information and financial information such as credit card number and expiration date. Contact information is used to communicate with donors during and after the donation process as necessary, including providing them with a receipt for the transaction and an email from EverGreen Dreams confirming their donation. Contact information may also be used to inform donors of EverGreen Dreams resources and activities.

EverGreen Dreams uses a credit card processing company to process online donations. The company is authorized to use donor information only as necessary to provide these services to EverGreen Dreams and does not retain, share, store or use personal information for any other purpose.

EverGreen Dreams reserves the right to list the donor’s name and/or company name on this Website. Donors who do not want their information used in this way may elect to opt-out by contacting EverGreen Dreams via email at [email protected].

Other than as noted above and in the Legal Disclaimer below, information provided by donors is never shared with third parties for any purpose. Furthermore, EverGreen Dreams has implemented appropriate procedures and security features to prevent the unauthorized release of or access to this information.

HOW WE SHARE INFORMATION

EverGreen Dreams does not sell, rent, share or otherwise provide Personal Information collected to anyone outside the organization unless otherwise requested by you, the donor. For example, your personal information may be used to respond to your requests or to process your donations. Additionally, we may disclose to aggregate statistics third parties regarding donations or users, but these statistics do not include any personally identifying information. EverGreen Dreams maintains appropriate electronic and physical safeguards over its systems to prevent unauthorized access and/or use.

There may be instances in which we share your information with others. We may share your information, for example, in conjunction with your sponsorship of a certain project, as required by law, with law enforcement, to comply with legal process, to protect our legal rights, to protect the safety or security of a person, or to protect against fraud, criminal acts, or misconduct. We may also share your information with companies that provide us with services, or with a successor legal entity.

EverGreen Dreams engages third-party vendors to assist us with such functions as hosting our donor personal information database, sending email, and processing online and mail donations and credit card payments. In addition, EverGreen Dreams consults advisors in making organizational decisions and developing long term plans. These companies and advisors may have access to donors’ personal information as needed to perform their functions. EverGreen Dreams requires that they keep such personal information confidential and that they not use such information for purposes other than the functions they are assisting us with.

USE OF COOKIES

This Website uses cookies for convenience and security and to enable the online scholarship application and donation functions. Cookies are text files stored on your computer. The cookies remember information that you’ve already typed in our Website fields, so you don’t have to enter them again. We do link information stored in cookies to personally identifiable information you submit while on our site.

You can accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the features of the Site.

SECURITY AND PERSONAL DATA

EverGreen Dreams takes reasonable precautions to protect your personal information and follows industry best practices to make sure it is not lost, misused, accessed, disclosed, altered, or destroyed. EverGreen Dreams protects personal data by only allowing limited, authorized personnel to have access to such personal data. If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL). Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all requirements and implement additional, generally accepted industry standards to ensure all such transmissions are as secure as possible. Any transmission of Personal Information is at your own risk. If any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.

HOW LONG DO WE KEEP YOUR DATA?

Personal Information that we process shall not be kept for longer than is necessary in connection with the purposes for which it was collected and/or is used.

In some cases, we may keep your personal information for longer, for instance where we are required to do so in accordance with legal or regulatory requirements (such as tax and accounting).

In specific circumstances, we may also retain your personal information for longer so that we have an accurate record of your dealings with us in the event of any complaints or challenges.

YOUR STATE PRIVACY RIGHTS

State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information. These laws may change periodically and we do our best to timely update this Privacy Policy according to any changes in the law.

California residents have the right to annually request and obtain information free of charge about any third parties that received Personal Information from EverGreen Dreams during the preceding calendar year for direct marketing purposes by directing a request to the contact information provided below.

OPT-OUT

Individuals who no longer wish to receive email communications from EverGreen Dreams may opt-out by replying with “remove” or “unsubscribe” in the subject line of the reply or email EverGreen Dreams office at [email protected]; and may opt-out of receiving other communications from EverGreen Dreams (such as mail) by contacting the office by email.

LEGAL DISCLAIMER

Although EverGreen Dreams is committed to preserving user privacy, we may need to disclose Personal Information when required to do so by law. EverGreen Dreams also reserves the right to disclose your Personal Information to protect the rights, property, or safety of the Foundation, our users, or others, or if you engage (or we reasonably suspect that you are engaging) in any illegal or potentially illegal activity. We may disclose personal information without a subpoena, warrant or other court order, to the extent we feel is necessary to inform and cooperate with law enforcement agencies or other appropriate authorities.

CHANGES TO THIS POLICY

We reserve the right to change this Privacy Policy at any time at EverGreen Dreams’ sole discretion. When we make material changes to this Privacy Policy, we will notify you by posting the updated Privacy Policy on this Website, and we will update the effective date at the top of this Privacy Policy.  By continuing to use this Website after being notified of material changes to this Privacy Policy, you agree that the terms of this Privacy Policy as of the last uppdated date will apply to information previously collected or collected in the future.

DISPUTE RESOLUTION

This Dispute Resolution section applies to the extent allowable by law.

If you think we’ve done something wrong, please let us know and hopefully we can resolve your issues. But if we can’t, then these rules will govern legal disputes between you and Company involving the services provided by Company through this Website:

  • (i) Before a party may commence a small claims court or arbitration proceeding, the parties must attempt to resolve the dispute through informal, good-faith negotiation. If the parties have not resolved the dispute within 60 days of a party’s receipt of the Notice (as defined below), the parties will mutually schedule a settlement conference which must occur within 14 days of the completion of the 60 day period, unless otherwise mutually agreed by the parties. Each party must personally appear at the settlement conference (if a party is represented by counsel, their counsel may also participate), and appearances may be made telephonically or by video. If the parties are unable to resolve the dispute at the settlement conference, either party may commence arbitration or file a small claims court proceeding. The statute of limitations and any filing fee deadlines will be tolled while the parties engage in this informal dispute resolution process. If any aspect of the requirements in this Section have not been met, a court can enjoin the filing or prosecution of an arbitration or the assessment of any arbitration fees. In addition, unless prohibited by law, the AAA cannot accept or administer the arbitration, nor assess any fees for an arbitration that has not met the requirements of this Section. If the arbitration already is pending, it must be dismissed.
  • (ii) Any dispute, controversy, or claim arising out of or relating to your relationship with Company, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory and expressly including any claims for violation of any state consumer protection act or the federal Telephonic Consumer Protection Act or any state or international law equivalents (collectively, “Claims”), that is not resolved by informal dispute resolution process shall be resolved by binding arbitration. The only exceptions are: (i) that you and we retain the right to pursue in small claims court any Claim that is within that court’s jurisdiction and proceeds on an individual basis and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our respective intellectual property rights. Aside from these two exceptions, all other Claims must be resolved by binding arbitration pursuant to the terms set forth below. BY AGREEING TO ARBITRATION IN ACCORDANCE WITH THIS SECTION, YOU ARE WAIVING YOUR RIGHT TO HAVE YOUR DISPUTE HEARD BY A JUDGE OR JURY EXCEPT AS SET FORTH BELOW.
  • (iii) Either party can seek to have a claim resolved in small claims court if the rules of that court will allow it. Additionally, if the claims asserted in any request or demand for arbitration could have been brought in small claims court, then either you or Company may elect to have the claims heard in small claims court, rather than in arbitration, at any time before an arbitrator is appointed, by notifying the other party of that election in writing. Any dispute about whether a claim qualifies for small claims court will be resolved by that court and not by an arbitrator. In the event that either party elects to have their claims heard in small claims court, the arbitration proceeding will remain closed unless and until there is a decision by the small claims court that the claim should proceed in arbitration.
  • (iv) The arbitration shall be administrated by the American Arbitration Association or its successor (“AAA”) in accordance with its Consumer Rules or any other applicable AAA rules and applying Illinois law. To the extent there is a conflict between this arbitration provision and the AAA’s Consumer Rules, this arbitration provision controls. In the event that the AAA is no longer in business, then the parties will attempt to agree on an alternative agency. If one cannot be agreed to, then the parties agree that a court of competent jurisdiction may select the arbitration agency for them. The arbitration shall be conducted before a single arbitrator. The arbitration will be conducted in a mutually agreeable location in your state of residence. The decision of the arbitrator shall be final and binding and may be entered as a judgment by any court of competent jurisdiction.
  • (v) Before initiating a small claims court proceeding or arbitration, you must first send, by certified mail or a nationally recognized courier service like Fedex or UPS, a written Notice of Dispute (“Notice”) addressed to: 1 E. Erie St., Ste. 525-5058, Chicago, IL 60611 (“Notice Address”). The Notice must (i) describe the nature and basis of the Claim; and (ii) set forth the specific relief sought. If the you and we do not reach an agreement to resolve the Claim within 60 days after the Notice is received, you may commence an arbitration proceeding with the AAA by submitting the Notice of Dispute to the AAA and initiating the arbitration and sending a copy, by certified mail or courier service, of the initiated arbitration to the Notice Address. During the arbitration, other than informing the arbitrator that the Notice was properly provided, no information regarding any settlement offer made by either party shall be disclosed to the arbitrator. Unless prohibited by applicable law, any Claim must be submitted to us in a Notice of Dispute within one year from the occurrence of the facts giving rise to such Claim.
  • (vi) If the AAA determines that your Claim is part of a filing of multiple or mass case filings, then you agree that the AAA Supplementary Rules for Multiple Case Filings apply and you further agree not to oppose any motion by us for an order requiring you to initially advance all filing fees and arbitrator costs. If you succeed on your Claim in any multiple or mass case filing, the arbitrator may award you costs in any amount that would place you in an equal position as you had been in if you filed your Claim individually.
  • (vii) Neither party shall pursue any class, collective, or representative claims. Unless the Supplementary Rules for Multiple Case Filings apply, the parties may not consolidate the arbitration with any other proceedings to which we are a party, except for an arbitration in which the parties to this agreement are the sole parties.
  • (viii) The arbitrator shall be entitled to award injunctive relief, if applicable, specific to you and to award damages. To the extent allowed by applicable law, the parties agree that neither party will be liable to the other (whether in contract, tort, negligence, strict liability in tort or by statute or otherwise) for any indirect, special, incidental, consequential, exemplary or punitive damages or for any form of damages other than direct damages. The arbitrator shall award attorneys’ fees and costs, including the expenses of the arbitration, to the prevailing party if the arbitrator finds that the non-prevailing party asserted frivolous or bad faith defenses or claims.
  • (ix) Any award of the arbitrator shall have no preclusive effect in any future proceeding, except any future proceeding in which you and we are the sole parties.
  • (x) The parties agree that the arbitration proceedings and results are confidential and, except as required by law, neither party nor the arbitrator may disclose the existence, content, or results of any arbitration conducted pursuant to this Privacy Policy without the prior written consent of the parties.
  • (xi) For the avoidance of doubt, this arbitration provision of this Privacy Policy applies to Claims involving any of Company’s employees, agents, subsidiaries, affiliates, successors, and/or assigns, each of which is an intended third-party beneficiary of this Privacy Policy. This Dispute Resolution provision of this Privacy Policy shall survive the termination of any other contractual or non-contractual relationship between us and you.
  • (xii) With the exception of subparts (vi) and (vii) above (the class action waiver and mass action rules), if any part of this arbitration provision is held to be invalid, unenforceable, or illegal, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not in it. If, however, subpart (vi) or (vii) above (the class action waiver and mass action rules) is held to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor us shall be entitled to arbitrate their dispute. If this agreement is found to be unenforceable on inapplicable for any reason, including because the class action waiver is found invalid, unenforceable, or illegal, then the sole and exclusive venue for the resolution of any Claim shall be the federal courts in the State of Illinois or, if there is no federal jurisdiction over the action, in the courts of the State of Illinois located in Cook County. Further, you consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such Claim that is determined not to be subject to the arbitration provision.

GOVERNING LAW AND JURISDICTION

This Privacy Policy shall be governed by the laws of the State of Illinois without regard to choice or conflict of law principles that would apply another state’s law. All disputes arising from or related to this Privacy Policy that are not subject to arbitration under the arbitration sections above shall be resolved exclusively in the state and federal courts located in Cook County, Illinois and you and Company irrevocably consent to the jurisdiction of such courts. YOU AND COMPANY EXPRESSLY WAIVE ANY RIGHT TO A JURY TRIAL IN ANY LAWSUIT ARISING FROM OR RELATED TO THIS PRIVACY POLICY.

LIMITATION OF LIABILITY

EXCEPT TO THE EXTENT PROHIBITED BY LAW, COMPANY WILL NOT BE LIABLE TO YOU IN ANY EVENT FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES. EXCEPT TO THE EXTENT PROHIBITED BY LAW, COLLEGE BOARD’S TOTAL LIABILITY TO YOU OR ANYONE CLAIMING BY OR THROUGH YOU OR ON YOUR BEHALF, FOR ANY CLAIMS, LOSSES, COSTS, OR DAMAGES ARISING OUT OF OR RESULTING FROM OR IN ANY WAY RELATED TO COMPANY OR SERVICES PROVIDED BY COMPANY, FROM ANY CAUSE, SHALL NOT EXCEED $2,000.

NOTICES

    • To You.

We may provide any notice to you under this Privacy Policy by: (i) sending a message to the email address you provide or (ii) by posting to this Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

    • To Us.

To give us notice under this Privacy Policy, you must contact us by personal delivery, overnight courier, or registered or certified mail to EverGreen Dreams, 1 E. Erie St., Ste. 525-5058, Chicago, IL 60611. We may update the facsimile number or address for notices to us by posting a notice on this Website. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

ADDITIONAL INFORMATION AND CONTACTING US

If you have questions about this Privacy Policy or our privacy practices, please contact us by email at [email protected].