Terms of Service

We, the people from P22 Limited (Based in Auckland, New Zealand), run a web service called Givelink and would love for you to use it. Collectively, the company 'P22 Limited' and the services we offer via the web service 'Givelink' are referred herein to as (“Givelink”).

Givelink's service is completely free for anyone to use, we never charge any fees whatsoever or take a commission on donations.

This Terms of Service is very thankfully adapted from a policy originally provided by Automattic (WordPress.com). Please read this notice very carefully.

1. Terms of service

The following terms and conditions (“Terms”) govern all use of the Givelink website(s) and all content, services, and products available at or through our website(s), (taken together, our “Services”). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Givelink's Privacy Policy) and procedures that may be published from time to time by Givelink (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these Terms will apply to any upgrades.

Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by Givelink, acceptance is expressly limited to these Terms.

Our Services are not directed to children. Access to and use of our Services is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older (16 years or older in the European Union).

You agree to provide us with complete and accurate information when you create your own Givelink fundraiser(s).

2. Your Givelink account

You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection. Givelink will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

Google Analytics - We use a third party, Google Analytics. (“Google Analytics”), to measure Givelink's audience and usage. By using Givelink, you agree to assign the traffic relating to your account to Givelink.

3. Third Party Services.

Some Third Party Services may request or require access to your (yours, your visitors, or customers) data. If you grant access, your data will handled in accordance with the Third Party's privacy policy and practices. We do not have control over how a Third Party Service may use your data. You should carefully review Third Party Services data collection, retention, and use policies and practices before using Third Party Services.

Third Party Services may not work appropriately, and we may not be able to provide support for issues caused by any Third Party Services.

If you have questions or concerns about how a Third Party Service operates, or need support, please contact the Third Party directly.

4. Copyright Infringement and DMCA Policy.

As Givelink asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Givelink violates your copyright, you are encouraged to notify Givelink in accordance with Digital Millennium Copyright Act (“DMCA”) Policy. Givelink will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Givelink will terminate a visitor's access to and use of the Services if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights.

5. Intellectual Property.

This Agreement does not transfer from Givelink to you any Givelink or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Givelink. Givelink, the Givelink logo, and all other trademarks, service marks, graphics and logos used in connection with Givelink or our Services, are trademarks or registered trademarks of Givelink or Givelink licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Givelink or third-party trademarks.

6. Changes.

We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we may let you know by posting on our blog, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

7. Termination.

Givelink may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Givelink account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

8. Disclaimer of Warranties.

Our Services are provided “as is.” Givelink and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Givelink nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. If you're actually reading this, here's a treat. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of New Zealand. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Arbitration Rules of the New Zealand Law Society, by two arbitrators appointed in accordance with such Rules. The arbitration shall take place in Auckland, New Zealand, in the English language and the arbitral decision may be enforced in any New Zealand court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. In no event will Givelink, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data. Givelink shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law. You represent and warrant that your use of our Services: Will be in strict accordance with this Agreement; Will comply with all applicable laws and regulations (including without limitation all applicable laws regarding online conduct and acceptable content, the transmission of technical data exported from the United States or the country in which you reside, privacy, and data protection); and Will not infringe or misappropriate the intellectual property rights of any third party. You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and Givelink reserves the right to terminate accounts or access of those in the event of a breach of this condition. You agree to indemnify and hold harmless Givelink, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of our Services, including but not limited to your violation of this Agreement. These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control. This Agreement constitutes the entire agreement between Givelink and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Givelink, or by the posting by Givelink of a revised version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Givelink may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns

9. Jurisdiction and Applicable Law.

10. Disclaimer of Warranties

11. Jurisdiction and Applicable Law.

Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of New Zealand.

12. Arbitration Agreement.

Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Arbitration Rules of the New Zealand Law Society, by two arbitrators appointed in accordance with such Rules. The arbitration shall take place in Auckland, New Zealand, in the English language and the arbitral decision may be enforced in any New Zealand court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees.

13. Limitation of Liability

In no event will Givelink, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data. Givelink shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

14. General Representation and Warranty.

You represent and warrant that your use of our Services:

Will be in strict accordance with this Agreement
Will comply with all applicable laws and regulations (including without limitation all applicable laws regarding online conduct and acceptable content, the transmission of technical data exported from the United States or the country in which you reside, privacy, and data protection); and
Will not infringe or misappropriate the intellectual property rights of any third party.

15. US Economic Sanctions.

You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and Givelink reserves the right to terminate accounts or access of those in the event of a breach of this condition.

16. Indemnification.

You agree to indemnify and hold harmless Givelink, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.

17. Translation

These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

18. Miscellaneous

This Agreement constitutes the entire agreement between Givelink and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Givelink, or by the posting by Givelink of a revised version.

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Givelink may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Privacy Policy

Your privacy is critically important to us. At Givelink, we have a few fundamental principles:

We are thoughtful about the personal information we ask you to provide and the personal information that we collect about you through the operation of our services.
We store personal information for only as long as we have a reason to keep it.
We aim for full transparency on how we gather, use, and share your personal information.

This Privacy Policy (which we very thankfully adapted from a policy originally provided by Automattic (WordPress.com) describes how we treat the information we collect and display when you use Givelink. Please read this notice very carefully.

Below is our Privacy Policy, which incorporates and clarifies these principles.

Who We Are and What This Policy Covers

Hello! We are the people behind Givelink, a tool designed to allow anyone to easily track their time.

This Privacy Policy applies to information that we collect about you when you use:

Our website found here
Other websites that use our Services, while you are logged in to your account with us.

Throughout this Privacy Policy we'll refer to our website, and other products and services collectively as “Services.”

Below we explain how we collect, use, and share information about you, along with the choices that you have with respect to that information.

We only collect information about you if we have a reason to do so, for our Services better.

We collect information in three ways: if and when you provide information to us, automatically through operating our Services, and from outside sources.

Let's go over the information that we collect:

Basic Account Information: We ask for your email address in order for you to be able to retrieve and edit your Givelink fundraiser(s)-and that's it.
Content: Givelink is designed to make it simple for you to create your own fundraising page supporting a nonprofit of your choice, and / or to donate to any Givelink fundraiser. To provide our Services we store, process and transmit Content as well as information related to it. This related information can include things such as your email address information and number of Givelink fundraisers created by you.
Communications With Us (Hi There!): You may also provide us information when you respond to surveys, communicate with our staff about a support question, or post a question about your use of Givelink in our public forums.

We also collect some information automatically:

Log Information: Like most online service providers, we collect information that web browsers, mobile devices, and servers typically make available, such as the browser type, IP address, unique device identifiers, language preference, referring site, the date and time of access, operating system, and mobile network information. We collect log information when you use our Services – for example, when you create or make changes on Givelink.
Usage Information: We collect information about your usage of our Services. For example, we collect information about what happens when you use our Services (e.g., page views, number Givelink's created, support document searches at, interactions with our Services) along with information about your device (e.g., screen size, name of cellular network, and mobile device manufacturer). We use this information to, for example, provide our Services to you, as well as get insights on how people use our Services, so we can make our Services better.
Location Information: We may determine the approximate location of your device from your IP address. We collect and use this information to, for example, calculate how many people visit our Services from certain geographic regions.
Stored Information: We may access information stored on your mobile device. We access this stored information through your device operating system’s permissions. For example, if you give us permission to access the photographs on your mobile device’s camera roll, our Services may access the photos stored on your device when you upload a photograph to your Givelink fundraiser.
Information from Cookies & Other Technologies: A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. Pixel tags (also called web beacons) are small blocks of code placed on websites and emails. Givelink uses cookies and other technologies like pixel tags to provide, improve, protect, and promote our Services. For example, cookies help us with things like remembering your username for your next visit.

Purposes for Using Information

We use information about you as mentioned above and for the purposes listed below:

To provide our Services–for example, to set up and maintain your account, or to allow you to retrieve and edit your Givelink fundraisers;
To further develop and improve our Services, for example by adding new features that we think our users will enjoy or will help them to raise money for nonprofits more effectively;
To monitor and analyze trends and better understand how users interact with our Services, which helps us improve our Services and make them easier to use;
To measure, gauge, and improve the effectiveness of our advertising, and better understand user retention and attrition, for example, we may analyze how many individuals created a new Givelink fundraiser after receiving a marketing message or the features used by those who continue to use our Services after a certain length of time;
To monitor and prevent any problems with our Services, protect the security of our Services, detect and prevent fraudulent transactions and other illegal activities, fight spam, and protect the rights and property of Givelink and others.
To communicate with you, for example through an email, about offers and promotions offered by Givelink and others we think will be of interest to you, solicit your feedback, or keep you up to date on Givelink and our products; and
To personalize your experience using our Services, provide recommendations, target our marketing messages to groups of our users (for example, those who have been our user for a certain length of time), and serve relevant messages.

A note here for those in the European Union about our legal grounds for processing information about you under EU data protection laws, which is that our use of your information is based on the grounds that:

The use is necessary in order to fulfill our commitments to you under our Terms of Service or other agreements with you or is necessary to administer your account–for example, in order to enable access to Givelink on your device; or
The use is necessary for compliance with a legal obligation; or
The use is necessary in order to protect your vital interests or those of another person; or
We have a legitimate interest in using your information–for example, to provide and update our Services, to improve our Services so that we can offer you an even better user experience, to safeguard our Services, to communicate with you, to measure, gauge, and improve the effectiveness of our marketing, and better understand user retention and attrition, to monitor and prevent any problems with our Services, and to personalize your experience; or
You have given us your consent–for example before we place certain cookies on your device and access and analyze them later on.

We do not sell our users’ private personal information.

We share information about you in the limited circumstances spelled out below and with appropriate safeguards on your privacy:

Subsidiaries, Employees, and Contractors: We may disclose information about you to our subsidiaries, our employees, and individuals or companies who are our contractors that need to know the information in order to help us provide our Services or to process the information on our behalf. We require our subsidiaries, employees, and contractors to follow this Privacy Policy for personal information that we share with them.
Third Party Vendors: We may share information about you with third party vendors who need to know information about you in order to provide their services to us, or to provide their services to you or your site. This group includes vendors that help us provide our Services to you (like Every.org whom process your credit and debit card information, fraud prevention services that allow us to analyze fraudulent payment transactions, postal and email delivery services that help us stay in touch with you, customer chat and email support services that help us communicate with you, those that assist us with our marketing efforts (e.g. by providing tools for identifying a specific marketing target group or improving our marketing campaigns), those that help us understand and enhance our Services (like analytics providers),
Legal Requests: We may disclose information about you in response to a subpoena, court order, or other governmental request. For more information on how we respond to requests for information about Givelink users.
To Protect Rights, Property, and Others: We may disclose information about you when we believe in good faith that disclosure is reasonably necessary to protect the property or rights of Givelink, third parties, or the public at large. For example, if we have a good faith belief that there is an imminent danger of death or serious physical injury, we may disclose information related to emergency without delay.
Business Transfers: In connection with any merger, sale of company assets, or acquisition of all or a portion of our business by another company, or in the unlikely event that Givelink goes out of business or enters bankruptcy, user information would likely be one of the assets that is transferred or acquired by a third party. If any of these events were to happen, this Privacy Policy would continue to apply to your information and the party receiving your information may continue to use your information, but only consistent with this Privacy Policy.
With Your Consent: We may share and disclose information with your consent or at your direction. For example, we may share your information with third parties with which you authorize us to do so.
Aggregated or De-Identified Information: We may share information that has been aggregated or reasonably de-identified, so that the information could not reasonably be used to identify you. For instance, we may publish aggregate statistics about the use of our Services.
Published Support Requests: And if you send us a request (for example, via a support email or one of our feedback mechanisms), we reserve the right to publish that request in order to help us clarify or respond to your request or to help us support other users.

Information that you choose to make public is –you guessed it– disclosed publicly.

Public information may also be indexed by search engines or used by third parties.

Please keep all of this in mind when deciding what you would like to share.

We generally discard information about you when we no longer need the information for the purposes for which we collect and use it –which are described in the section above on How and Why We Use Information– and we are not legally required to continue to keep it.

For example, we keep the web server logs that record information about a visitor to Givelink, such as the visitor's IP address, browser type, and operating system, for approximately 30 days. We retain the logs for this period of time in order to, among other things, analyze traffic to Givelink and investigate issues if something goes wrong.

While no online service is 100% secure, we work very hard to protect information about you against unauthorized access, use, alteration, or destruction, and take reasonable measures to do so, such as monitoring our Services for potential vulnerabilities and attacks.

Opt-Out of Electronic Communications: You may opt out of receiving promotional messages from us. Just follow the instructions in those messages. If you opt out of promotional messages, we may still send you other messages, like those about your account and legal notices.

Set Your Browser to Reject Cookies: At this time, Givelink does not respond to “do not track” signals across all of our Services. However, you can usually choose to set your browser to remove or reject browser cookies before using Givelink, with the drawback that certain features of Givelink may not function properly without the aid of cookies.

If you are located in certain countries, including those that fall under the scope of the European General Data Protection Regulation (AKA the “GDPR”), data protection laws give you rights with respect to your personal data, subject to any exemptions provided by the law, including the rights to:

Request access to your personal data.
Request correction or deletion of your personal data.
Object to our use and processing of your personal data.
Request that we limit our use and processing of your personal data; and
Request portability of your personal data.
EU individuals also have the right to make a complaint to a government supervisory authority.

If you have a question about this Privacy Policy, or you would like to contact us about any of the rights mentioned in the Your Rights section above, please contact us

Other Things You Should Know (Keep Reading!)

Because the Givelink Service is offered worldwide, the information about you that we process when you use the Services in the EU may be used, stored, and/or accessed by individuals operating outside the European Economic Area (EEA) who work for us, other members of our group of companies, or third party data processors. This is required for the purposes listed in the How and Why We Use Information section above. When providing information about you to entities outside the EEA, we will take appropriate measures to ensure that the recipient protects your personal information adequately in accordance with this Privacy Policy as required by applicable law. These measures include:

In the case of US based entities, entering into European Commission approved standard contractual arrangements with them; or

In the case of entities based in other countries outside the EEA, entering into European Commission approved standard contractual arrangements with them.

You can ask us for more information about the steps we take to protect your personal information when transferring it from the EU.

Other parties may provide analytics services via our Services. These analytics providers may set tracking technologies (like cookies) to collect information about your use of our Services and across other websites and online services. These technologies allow these third parties to recognize your device to compile information about you or others who use your device. This information allows us and other companies to, among other things, analyze and track usage. Please note this Privacy Policy only covers the collection of information by Givelink and does not cover the collection of information by any third party analytics providers.

Although most changes are likely to be minor, Givelink may change its Privacy Policy from time to time. Givelink encourages visitors to frequently check this page for any changes to its Privacy Policy. Your further use of the Services after a change to our Privacy Policy will be subject to the updated policy.

That is it! Thanks for reading.

Digital Millennium Copyright Act (DMCA) Notice

If you believe that material available on Givelink infringes on your copyright(s), please notify us by submitting a DMCA notice. After we receive a notice, we will investigate, remove the material, and make a good faith attempt to contact the user who uploaded the material, via email.

Before submitting a DMCA notice, it's important to consider whether the material used falls under fair use. If you are not sure whether material located on Givelink infringes on your copyright, or if it is subject to fair use protections, you should first consider seeking legal advice.

You may be liable for damages (including costs and attorneys fees) if you materially misrepresent that material or activity infringes on your copyright.

Your DMCA notice will be forwarded to the party that made the material available. In addition, you are required to consider the possible fair use implications, as a result of Lenz v. Universal.

Please follow these steps to file a notice:

Contact the user directly. If you are able to make contact with the person in question,raise your complaint to see if the matter can be resolved directly.
Send your complaint to us via hello@p22.studio, if the issue cannot be resolved directly.

As required by the DMCA, we have a policy to terminate users accounts that we consider to be repeat infringers. Although we won't share the specifics of our repeat infringer policy (we don't want anyone to game the system, after all), we believe that it strikes the right balance: it protects the rights of copyright owners and protects legitimate users from wrongful termination. Please note that notices that are successfully countered, rejected on fair use grounds, or deemed to be fraudulent are not counted against a user.

In the email to hello@p22.studio please provide the following details:

First Name
Last Name
Company Name
Address
City
State/Region/Province
Country
Location (URL) of the unauthorized material on Givelink (NOT simply the primary URL of the site - you must provide the full and exact permalink of the page where the content appears. We ask you to please submit notices for only one page at a time
Please describe the copyrighted work so that it may be easily identified
Location of copyrighted work (where your original material is located, not the offending material)