IJM Policies
Privacy Policy
Effective date: 04/09/2022
International Justice Mission (“IJM Global,” “we,” “us,” or “our”) is committed to privacy and data protection. This Privacy Policy applies to personal data IJM Global collects from you, through our interactions with you, through https://www.ijm.org/ and other websites under the control of IJM Global that link to this Privacy Policy, and our services, including any personal information collected from our donors (collectively “Services”), as well as how we use and protect your personal data.
We don’t rent or sell your personal information with any person, business or organization, ever. We commit to uphold transparency, accountability, and choice regarding the collection of your personal data. We are committed to using the personal data you provide to only support your relationship with IJM Global. IJM Global is also committed to ensuring that your personal data is accurate and complete.
Visitors to www.ijm.org can browse our website without providing any personal data.
Scope
This Privacy Policy describes the information that we collect (directly or indirectly) and why we collect it, what we do with the information we collect and how you can manage your Personal Data (defined below).
This Privacy Policy does not apply to any website or service that does not display, incorporate by reference, or link to this Privacy Policy. Our Site includes links to other websites whose privacy practices may differ from those of IJM. If you submit personal data to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any website you visit.
This Privacy Policy is incorporated into and made a part of IJM Global's Terms of Service. If you have not done so already, please also review the Terms of Service.
Personal Data We Collect
“Personal Data” is any information that would reveal specific information about you as an individual. We collect and use Personal Data in connection with your donations and any Services provided to you by IJM Global, including easing your navigation on our websites, communicating with you, and improving your experience using our Services, processing your donation, issuing receipts, and otherwise supporting your relationship with IJM Global.
We may collect the following Personal Data from you:
- Contact information such as name, e-mail address, mailing address, phone number;
- Billing Information such as credit card number and billing address;
- Unique identifiers such as user name, account number, password;
- Additional information as needed to support your relationship with IJM, such as minimum age or DOB (to ensure age appropriate content) and tax-payer information (to support tax recovery).
If you do not register with us or otherwise provide us with Personal Data, we only process the information that your browser transmits to our server. This includes:
- Your IP address;
- Date and time of the request;
- Time zone difference to Greenwich Mean Time (GMT);
- Content of the request (specific page);
- The access status/HTTP status code;
- The amount of data transferred in each case;
- Website from which the request comes, browser;
- Operating system and its surface;
- Language and version of the browser software.
This processing is technically necessary for us to display our website to you and to ensure the stability and security of the website.
Surveys or Contests
From time-to-time we may provide you the opportunity to participate in contests or surveys on our website or elsewhere. If you participate, we will request certain Personal Data from you. Participation in these surveys or contests is completely voluntary and you therefore have a choice whether or not to disclose this information.
The requested information typically includes:
- Contact information (such as name and shipping address);
- Demographic information (such as zip code).
Information from Third Parties
Additionally, we may collect the following information from third party sources, including from public sources:
- Marketing information such as additional forms of contact, indicators, or flags used for segmentation purposes;
- Demographic information, including census data or third party research for segmentation purposes.
How We Use Personal Data
We will only use your Personal Data when the law allows us to. We will only use your Personal Data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.
Please note that in certain circumstances we are obliged to process Personal Data from you due to a legal obligation, such as anti-corruption stipulations or statutory retention periods.
IJM Global uses information that we collect from you for the purposes of:
- Processing donations;
- Providing constituents with desired information about IJM and its work worldwide;
- Sharing Personal Data within IJM Global or with third parties to provide and improve constituent services and provide constituents a service which is suitable to their requirements;
- Improving and customizing our constituent services and experience;
- Understanding how constituents engage with IJM Global;
- Communicating with constituents in appropriately customized ways;
- Exploring ways to better engage current and future constituents in the mission of IJM Global;
- Providing age appropriate content for children;
- Supporting tax recovery;
- Maintaining the safety and security of our constituent services, including enhancing protection against spam, harassment, intellectual property infringement, crime, and security risks of all kind;
- Exchanging Personal Data within IJM’s international affiliate offices for the legitimate interests described above, as well as for administrative purposes;
- Defending legal claims.
We may further use information of constituents who attend in person events or trips for our legitimate interest in providing for the safety and security of all event attendees.
Customer Testimonials/Comments/Reviews
We may post customer testimonials/comments/reviews on our website which may contain personal information. We do obtain the customer's consent via email prior to posting the testimonial to post their name along with their testimonial. If you wish to update or delete your testimonial, you can contact us at privacy@ijm.org.
How We Use Cookies
A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. We use cookies on this site, for example, to keep track of your preferences and profile information. Cookies are also used to collect general usage and volume statistical information that does not include Personal Data.
Types of Cookies
We use both session ID cookies and persistent cookies. A session ID cookie is deleted when you close your browser. Although session cookies are established, they are not capturing any behavioral or Personal Data, only information that is helpful to the user experience, such as whether the user's browser has JavaScript capability. A persistent cookie remains on your hard drive for an extended period of time. Persistent cookies are being used to switch one time messages on and off and to record form completion. You can remove persistent cookies by following directions provided in your Internet browser’s “help” file.
If you reject cookies, you may still use our site, but your ability to use some areas of our site, such as contests or surveys, will be limited.
We use cookies for communications purposes and to identify you for subsequent visits if you have an account with us. This way we can improve the use of our website for you. Otherwise, you will have to log-in again for each visit. Our legitimate interest results from the storage of cookies for the technically error-free and optimized provision of our services.
Technologies such as: cookies, beacons, tags and scripts are used by International Justice Mission and our partners [e.g. marketing partners], affiliates, or analytics or service providers [e.g. online customer support provider]. These technologies are used in analyzing trends, administering the site, tracking users’ movements around the site and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.
Third parties with whom we partner to provide certain features on our site or to display advertising based upon your Web browsing activity use LSOs such as HTML 5 to collect and store information. Various browsers may offer their own management tools for removing HTML5 LSOs.
To make it easier for you to understand why we need them, the Cookies we use on our website can be grouped into the following categories:
- Strictly Necessary: These Cookies are necessary for the websites to work properly. They include any essential authentication and authorization cookies for our websites.
- Functionality: These Cookies enable technical performance and allow us to “remember” the choices you make while browsing our websites, including any preferences you set. They also include sign-in and authentication cookies and IDs that enable you to return without additional sign-in.
- Performance/Analytical: These Cookies allow us to collect certain information about how you navigate the websites running on your device. They help us understand which areas you use and what we can do to improve them.
- Targeting: These Cookies are used to deliver relevant information related to our websites to an identified machine or other device (not a named or otherwise identifiable person) which has previously been used to visit our websites. Some of these types of Cookies on our websites are operated by third parties with our permission and are used to identify advertising sources that are effectively driving customers to our websites.
How to Control and Delete Cookies
Cookies can be controlled, blocked or restricted through your web browser settings. Information on how to do this can be found within the “Help” section of your browser. All Cookies are browser specific. Therefore, if you use multiple browsers or devices to access websites, you will need to manage your Cookie preferences across these environments.
If you are using a mobile device to access our websites, you will need to refer to your instruction manual or other help/settings resource to find out how you can control Cookies on your device.
Please note: If you restrict, disable or block any or all Cookies from your web browser or mobile or other device, the websites may not operate properly, and you may not have access to our webpages available through the websites. Except as required by applicable law or this Privacy Policy, IJM Global shall not be liable for any impossibility to use the websites or degraded functioning thereof, including where such are caused by your settings and choices regarding Cookies.
Social Media Widgets
Facebook Like Button
We use the so-called "two-click solution." This means that when you visit our site, no Personal Data is initially passed on to the providers of the plug-ins. You can recognize the provider of the plug-in by the marking on the box above its initial letter or the logo. We offer you the possibility to communicate directly with the provider of the plug-in via the button. The plug-in provider receives the information that you have accessed the corresponding website of our online offer only if you click on the marked field and thereby activate it.
Personal information that your browser transmits to our server will also be transmitted. For example, by using the “Facebook Like Button,” the IP address is anonymized immediately after collection, according to the respective website provider. By activating the plug-in, Personal Data is transferred from you to the respective plug-in provider and stored there. Since the plug-in provider collects data mainly via cookies, we recommend that you delete all cookies before clicking on the grayed-out box using your browser's security settings.
We have no influence on the data collected and data processing processes, nor are we aware of the full extent of data collection, the purposes of processing, the storage periods. We also have no information on the deletion of the data collected by the plug-in provider.
The plug-in provider stores the data collected about you as user profiles and uses these for the purposes of advertising, market research and/or demand-oriented design of its website. Such an evaluation takes place in particular (also for not logged in users) for the representation of demand-fair advertisement and in order to inform other users of the social network about your activities on our website. You have a right of objection to the creation of these user profiles, whereby you must contact the respective plug-in provider to exercise this right. Through the plug-ins we offer you the possibility to interact with social networks and other users, so that we can improve our offer and make it more interesting for you as a user.
The data is passed on regardless of whether you have an account with the plug-in provider and are logged in there. If you are logged in with the plug-in provider, your data collected with us will be directly assigned to your existing account with the plug-in provider. If you click the activated button and, for example, link the page, the plug-in provider also stores this information in your user account and shares it publicly with your contacts. We recommend that you log out regularly after using a social network, especially before activating the button, so you can avoid being assigned to your profile with the plug-in provider.
Further information on the purpose and scope of data collection and its processing by the plug-in provider can be found in the data protection declarations of these providers notified below. They will also provide you with further information about your rights in this regard and setting options to protect your privacy.
Addresses of the respective plug-in providers and URL with their data protection information:
Facebook Inc., 1601 S California Ave, Palo Alto, California 94304, USA; http://www.facebook.com/policy...;
weitere Informationen zur Datenerhebung: http://www.facebook.com/help/1..., http://www.facebook.com/about/...
sowie http://www.facebook.com/about/privacy/your-info#everyoneinfo.
Facebook hat sich dem EU-US-Privacy-Shield unterworfen, https://www.privacyshield.gov/EU-US-Framework.
How We Share Personal Data
We will share your Personal Data with third parties only in the ways that are described in this Privacy Policy. We do not sell your Personal Data to third parties. In those situations where we use a third party to process your data, we require that these third parties agree to provide the equivalent level of protection as provided under the applicable data privacy law and this Privacy Policy.
Third parties may be suppliers that process Personal Data on our behalf, such as:
- IT service providers;
- Companies that assist with customer service, shipping, or event registration;
- Companies that provide other services to support our relationship with you;
- Companies that provide demographic and market research assistance.
We may disclose your Personal Data to third parties:
- As required by law such as to comply with a subpoena, or similar legal process;
- When we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request; or
- With your prior consent to do so.
Donations
Specific to donations, IJM Global uses Plaid Inc. ("Plaid") to gather End User’s data from financial institutions. By using our service, you grant IJM and Plaid the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution. You agree to your personal and financial information being transferred, stored, and processed by Plaid in accordance with the Plaid Privacy Policy.
In addition, any office within the IJM Global team may share Personal Data you provide it to the IJM Global office in the United States, or another member of the IJM Global team, so that the receiving IJM office may engage with users located in their country and as otherwise necessary to manage the provision of suitable services to constituents as appropriate for their needs.
Handling of Personal Data
Retention of Personal Data
We will retain your information for as long as your account is active or as needed to provide you Services. If you wish to cancel your account or request that we no longer use your Personal Data to provide you Services, contact us as described in this Policy. We will retain and use your Personal Data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Security of Personal Data
The security of your Personal Data is important to us. We follow generally accepted industry standards to protect the Personal Data submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security.
If you have any questions about security on our website, you can contact us at privacy@ijm.org. When you enter sensitive information (such as a credit card number) on our order forms, we encrypt the transmission of that information using secure socket layer technology (SSL). The Personal Data collected when you make a contribution or purchase items by credit card is kept for the purposes of tracking your order and to provide a receipt of the transaction. This information is stored on an encrypted, secure server managed by a third-party commercial credit card processing institution.
Transfers of Personal Data
When we use external service providers based outside the European Economic Area to process your personal information, we do so pursuant to the standard contractual clauses for data processors approved by the European Commission to ensure an appropriate level of data protection. These service providers have been carefully selected by us, commissioned in writing and are bound by our instructions. They are regularly checked by us. The service providers will not pass this data on to third parties, but will delete it after fulfilment of the contract and the conclusion of legal storage periods, unless you have consented to further storage.
When a member of the IJM Global team located within the EU, or otherwise serving as a controller for data subject, transfers personal information to the IJM Global office or any other office within the IJM Global Team located outside of the EU, we rely on the standard contractual clauses for data controllers approved by the European Commission to ensure an appropriate level of data protection.
Your Rights Regarding Your Personal Data
IJM respects your right to access and control your Personal Data. You have choices about the data we collect. When you are asked to provide Personal Data that is not necessary for the purposes of providing you with our Services, you may decline.
We aim to keep all personal data that we hold accurate, complete and up-to-date. While we will use our best efforts to do so, we encourage you to tell us if you change your contact details. If you believe that the information we hold about you is incorrect, incomplete or out-of-date, please contact us at privacy@ijm.org. We will not discriminate against you for exercising any of your rights to access and control your Personal Data.
Access to personal data: You have the right to request access to your Personal Data. Subject to any relevant legal requirements and exemptions, including identity verification procedures, we will provide you copies of your Personal Data. Before providing data to you, we will ask for proof of identity and sufficient information about your interaction with us so that we can locate any relevant data.
Correction and deletion: You have the right to correct or amend your Personal Data if it is inaccurate or requires updating. You may also have the right to request deletion of your Personal Data. Please note that such a request could be refused because your Personal Data is required to provide you with the products or services you requested, e.g. to deliver a product or send an invoice to your email address, or that it is required by the applicable law.
To review and update or delete your Personal Data, contact us at privacy@ijm.org. We will respond to your request to access within 10 days.
If you are a donor, you may use our donor portal to update your Personal Data.
Marketing preferences: If you have provided us with your contact information, we may, subject to any applicable Spam Act or similar regulation, contact you via e-mail, postal mail, or telephone about IJM Global products, services and events that may be of interest to you, including our newsletter.
E-mail communications you receive from IJM Global will generally provide an unsubscribe link allowing you to opt-out of receiving future e-mail or to change your contact preferences. Please remember that even if you opt-out of receiving marketing emails, we may still send you important Service information related to your accounts and subscriptions.
The right to object to processing: You have the right to object to IJM Global's processing of your Personal Data, under certain conditions.
The right to data portability - You have the right to request that IJM Global transfer the
data that we have collected to another organization, or directly to you, under certain conditions.
California Shine the Light Law: California Civil Code Section 1798.83 permits users who are California residents to obtain from us once a year, free of charge, a list of third parties to whom we have disclosed personal information (if any) for direct marketing purposes in the preceding calendar year. If you are a California resident and you wish to make such a request, please send an e-mail with “California Privacy Rights” in the subject line to privacy@ijm.org or write us at: International Justice Mission, PO Box 2227, Arlington, VA 22202.
Children's Privacy
Services are not intended for Children.
You must be at least the age of majority in your place of residence to use the Services. The Services are not directed to or intended for use by minors. Consistent with the requirements of the U.S. Children’s Online Privacy Protection Act, if we learn that we received any information directly from a child under age 13 without his or her parent’s verified consent, we will use that information only to inform the child (or his or her parent or legal guardian) that he or she cannot use the Services.
California Minors
While the Services are not intended for anyone under the age of 18, if you are a California resident who is under age 18 and you are unable to remove publicly-available content that you have submitted to us, you may request removal by contacting us at: privacy@ijm.org. When requesting removal, you must be specific about the information you want removed and provide us with specific information, such as the URL for each page where the information was entered, so that we can find it. We are not required to remove any content or information that: (1) federal or state law requires us or a third party to maintain; (2) was not posted by you; (3) is anonymized so that you cannot be identified; (4) you don’t follow our instructions for removing or requesting removal; or (5) you received compensation or other consideration for providing the Content or information. Removal of your content or information from the Services does not ensure complete or comprehensive removal of that content or information from our systems or the systems of our service providers. We are not required to delete the content or information posted by you; our obligations under California law are satisfied so long as we anonymize the content or information or render it invisible to other users and the public.]
Choice/Opt-Out
Where you have provided your consent, you have the right to withdraw your consent to our processing of your personal information. For example, you may choose to stop receiving all or certain types of communication by following the unsubscribe instructions included in these emails or you can contact us at privacy@ijm.org. You can further choose to withdraw your consent to our processing of your personal information related to an online account (e.g., donor portal) by closing your account through your account settings and then emailing privacy@ijm.org to request that your personal information be deleted, except for information that we are required to retain. This deletion is permanent and your account cannot be reinstated.
Changes to Our Privacy Policy
We may update this Privacy Policy to reflect changes to our information practices. If we make any material changes we will notify you by e-mail (sent to the e-mail address specified in your account) or by means of a notice on this site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.
Contact Information
If you have any questions about this Privacy Policy or would like to access, update, or delete your Personal Data, contact us at:
International Justice Mission
PO Box 2227
Arlington, VA 22202
Phone: 844-422-5878
Email: privacy@ijm.org
We will respond to your request to access within 10 days. If you are a donor, you may use our donor portal to update your personal information.
Protection Against Sexual Exploitation, Abuse and Harassment Policy (PSEAH)
Purpose
IJM does not tolerate sexual exploitation, abuse or harassment (SEAH) of any kind, and confirms its heightened commitment to measures of prevention and safeguarding by:
- Fostering an enterprise-wide and partnership culture actively preventing SEAH.
- Setting expectations for all those who work for, represent, or partner with IJM regarding PSEAH, appropriate behavior, and consequences for misconduct.
- Clarifying IJM’s approach to preventing and addressing SEAH.
Applicability
This policy applies globally to all IJM Representatives and Implementing Partners both during and outside working hours, as well as all IJM Guests during the period of interaction with IJM Representatives and Beneficiaries.
All people and organizations covered by this policy are referred to as “Covered Persons.”
Principles
IJM is committed to the following PSEAH core principles[1]:
- Sexual exploitation, Abuse and Harassment by Covered Persons constitute acts of gross misconduct and substantiated allegations are grounds for termination of employment/contract.
- Covered Persons are prohibited from engaging in any form of sexual activity with children[2] (persons under the age of 18), regardless of the age of majority or the locally recognized age of consent. Mistaken belief in the age of the child is not a defense.
- Covered Persons are prohibited from exchanging money, employment, goods, services, or any other thing of value for sex, including sexual favors, or other forms of humiliating, degrading or exploitative behavior. This includes exchange of assistance due to program participants.
- Covered Persons are prohibited from engaging in sexual relationships with Beneficiaries since they are based on inherently unequal power dynamics and may undermine the credibility and integrity of IJM’s work. IJM Representatives must disclose any previously existing relationships with IJM program community members to their line managers or People Support focal points prior to beginning employment or contract with IJM.
- Where a Covered Person develops concerns or suspicions regarding sexual abuse or exploitation by a fellow worker, whether in IJM or not, he or she must report such concerns via IJM’s established reporting mechanisms.
- IJM Representatives and Implementing Partners are obliged to create and maintain an environment which prevents SEAH and promotes the implementation of IJM’s Code of Conduct. IJM managers at all levels have heightened responsibility to support and develop systems which maintain this environment.
- IJM Representatives are prohibited from engaging with commercial sex workers or engaging in prostitution of any form whilst on a work trip (including travel and leisure time and field visits) and representing IJM, even if commercial sex is legalized in that country. This kind of conduct goes against IJM’s organizational values and once substantiated will constitute grounds for disciplinary measures including summary dismissal.
IJM, along with its Representatives and Implementing Partners, are committed to ensuring appropriate action in reporting and response to any incidences of SEAH:
Reporting SEAH
Covered Persons have a responsibility to immediately raise concerns regarding SEAH and must not independently investigate allegations or suspicions. Even as reporting protocols evolve over time, IJM commits to:
- Ensure multiple channels for reporting, designed in consultation with stakeholders to ensure transparency, accessibility, and safety.
- Encourage and support reporting and build a culture that promptly addresses reports.
- Train Covered Persons and other relevant individuals on how to access these safe reporting channels, including providing suitable messaging for children and people of diverse backgrounds, and posting reporting procedures in local languages.
- Train key IJM Representatives, particularly designated Safeguarding/ PSEAH Focal Points, on how to receive and respond to reports, to ensure they understand the obligation of confidentiality and anonymity.
- Reassure individuals making reports regarding confidentiality and safety and allow an option for reports to made anonymously, including reports under IJM’s Whistleblower Policy.
- Abide by any applicable external reporting requirements of the Standard Operating procedure for Misconduct Reporting. Only IJM Representatives with delegated authority can report to external donor or regulatory authorities. Survivors, if they so request, will be supported in reporting to regulatory authorities within their jurisdiction.
Response to SEAH reports
IJM will respond in a timely and professional way to all concerns, allegations, and reports of SEAH. All concerns will be taken seriously, investigated and acted upon according to our principles as noted below:
- Survivor-Centered Approach- IJM prioritizes the rights, needs, wishes, and empowerment of survivors of SEAH in both prevention and response to SEAH. Complaints mechanisms will be accessible and designed with the needs of those affected by SEAH in context and in mind. IJM will investigate SEAH complaints sensitively and confidentially with primary concern for the survivor. IJM will offer a supportive environment to facilitate recovery and provide resources to aid the survivor. The safety and security of the survivor and his /her children is the primary consideration. IJM ensures that the survivors will have a right to choose whom to tell their story and all information will be handled confidentially and with the informed consent of the survivor (IJM may only override confidentiality when there is an imminent threat of harm). Survivors, too, will receive equal and fair treatment regardless of their age, gender, race, religion, nationality, ethnicity, sexual orientation or any other characteristic.
- Investigations – IJM will carry out professional, safe and discreet investigations through trained investigators working with IJM’s Safeguarding Team. Due recognition is placed on the rights and the duty of care we owe to everyone involved, this includes the complainant and/or survivor, witnesses and Subject of Complaint (SoC).
- Accountable Case Management- All allegations of SEAH, and subsequent escalation and follow up, will be documented in a secure and confidential database. IJM’s Data Protection Principles will apply. This will ensure IJM remains accountable in all its actions. The report will officially be acknowledged within 24 hours, and the safeguarding team will convene a case conference to assess immediate risks and next steps within 72 hours.
- Survivor support- IJM commits to refer survivors to competent support services as available and appropriate and according to the wishes and wants of the survivor. This support may include, but is not limited to, legal support, specialist psychosocial support such as counselling, medical assistance, security and employee assistance support.
Decision Making- IJM will take swift and appropriate action against IJM representatives and associates who are found to have committed SEAH. This may include disciplinary and administrative actions, termination of contracts and /or referral to relevant local authorities if appropriate and safe to do so. An independent incident management panel will be assigned in every investigation to ensure transparency, impartiality, and accountability. The decision-making process will be subject to scrutiny by the Safeguarding Lead.
Reporting Channels
Anyone, including members of the community we work with and for, can raise a concern or make a complaint to IJM about something they have experienced or witnessed without fear of retaliation or reprisal. Options for reporting:
- Using the anonymous whistleblowing webform, here
- Contacting Safeguarding (PSEAH) Lead at safeguarding@ijm.org
Complaints About Implementing Partners
Where IJM receives a complaint about an Implementing partner organization, IJM requires the partner to respond safely, quickly, and appropriately with the same or functionally equivalent standards of reporting and response as outlined in this policy. IJM will assist the partner to ascertain its reporting obligations. If there is reason to believe that an allegation of abuse has been dealt with inappropriately by a partner, the Partner risks withdrawal of funding or ending the relationship with IJM.
Gender Equality and Power Balance
IJM recognizes that gender, disability, age and impoverishment have a powerful intersection and impact on the likelihood of SEAH happening. IJM, therefore, is committed to addressing gender inequality and power imbalances within the organization and in the delivery of its work. Using a ‘Do No Harm’ approach, IJM actions promote gender equality, safeguarding, social inclusion and accountability.
Zero Tolerance for Retaliation
IJM will take action against anyone, whether they are the subject of a complaint or not, who seek or carry out retaliatory action against complainants, survivors, other witnesses or the subject of complaint. IJM Representatives may be subject to disciplinary action, up to and including termination of employment. Others who work with IJM may have their relationship with IJM terminated.
[1] The six core principles are from The UN Secretary General’s Bulletin on Special Measures for Protection from Sexual Exploitation and Abuse (ST/SGB/2003/13) and have been modified by IJM to include sexual harassment and IJM Representatives and associates. The seventh added is IJM specific.
[2] See the UN Convention on the Rights of the Child.
Safeguarding Policy
Purpose
IJM has zero tolerance for exploitation and abuse. We are especially committed to safeguarding because of who we are, what we believe, and what we do. This policy is intended to detail IJM’s commitment to transparency and to the highest standards of organizational safeguarding by:
- Emphasizing the centrality of IJM’s commitment to safeguarding all people who come into contact with IJM, especially Vulnerable People, from all forms of Harm when interacting with IJM.
- Providing a framework for ensuring that IJM programs and activities are informed by survivor leaders and are designed, implemented, and performed with the best interests of Vulnerable People in mind.
- Ensuring that IJM prioritizes prevention and remains accountable in its response to safeguarding incidents.
Applicability
This policy applies to all people working or volunteering on or behalf of IJM, including directors, staff, volunteers, constituents while engaging in IJM activities, contractors or vendors while performing services for IJM (“IJM People”). IJM also requires Implementing Partners to commit to implementing this policy or their own policy that IJM has confirmed as functionally equivalent, including equivalent safeguarding measures and principles.
Safeguarding Principles
- IJM promotes and seeks to maintain a safe and supportive organizational culture for all people, where all who interact with IJM, including IJM People, partners, and members of communities where IJM works, are treated with dignity and respect, and within an environment where safety, confidentiality, and non-discrimination are ensured.
- IJM applies the Do No Harm principle. All programs, interventions and activities are designed and implemented with care that they do not cause further harm nor introduce additional risks to anyone who comes into contact with IJM programs or people.
- IJM People and Implementing Partners are expected to treat all people with the utmost dignity and respect at all times. All IJM People must abide by IJM’s Safeguarding Policy Suite (which includes this policy, the companion Protection against Sexual Exploitation and Abuse Policy[1] , IJM’s applicable Code of Conduct and Safeguarding Procedures).
- IJM recognizes the additional duty of care to Vulnerable People with whom we work, are in contact with, or who are affected by our work, programs and operations.
- IJM values diversity and does not discriminate based on gender, age, race/ethnicity, disability, sexual orientation, or other characteristics in its programs or in offering its services to Beneficiaries.
- IJM prioritizes safeguarding at all levels of the organization. Our safeguarding culture begins with IJM Boards of Directors and is the responsibility of all IJM People.
- IJM has established high level oversight and accountability for safeguarding efforts, overseen and guided by a dedicated Safeguarding Officer.
- IJM commits to continuous learning and improvement in our safeguarding policies and procedures. IJM will implement changes based upon periodic self-assessments, monitoring, feedback, and Safeguarding Reports.
- IJM fosters a culture of transparency and collaboration in our safeguarding work. This entails including and engaging with communities, other organizations, donors, governments, civil society networks, and other local networks as applicable.
- IJM commits to ethical and protective principles in research, media and communications to ensure Vulnerable People are represented in a dignified way, their participation is not exploitative, and information is used for the agreed purpose and consent.
IJM is committed to incorporating and prioritizing safeguarding in all our work.
Awareness
IJM’s Safeguarding Standards will be communicated to all IJM People. IJM will provide appropriate training on the Safeguarding Policy Suite, and IJM People are required to comply with training requirements. IJM shall make reasonable efforts to provide Beneficiaries with an explanation of who IJM is, what constitutes Harm and what its safeguarding principles are, and how to report any violations or concerns. IJM shall work with the communities it serves to develop communication content and materials and complaint response mechanisms that can be accessed by everyone, including Vulnerable People.
Prevention
IJM shall implement preventative safeguarding measures as appropriate. Sample measures include:
- Screening every candidate for employment and performing background and reference checks to ensure potential hires do not pose a safeguarding threat.
- Requiring all IJM People and Implementing Partners to affirm that they have not harmed Vulnerable People in the past and requiring self-disclosure of any past and future safeguarding incidents which occur.
- Requiring external checks on IJM People and Implementing Partners. These include anti-terrorism checks where needed, police clearance checks or equivalent.
- Requiring and conducting safeguarding due diligence of implementing partners prior to entering partnerships, including requiring enterprise and safeguarding risk management and safeguarding policies and procedures equivalent to those of IJM.
- Conducting an annual risk analysis of all IJM programs, implementing additional risk-management measures for high-risk contexts, and developing action plans to improve safeguarding and accountability.
- Mainstreaming safeguarding in the design and implementation of programs to ensure safer programming.
Reporting
Mandatory Obligation to Report: IJM commits to make reasonable efforts to ensure all IJM People and Implementing Partners are aware of their mandatory duty to report any concerns promptly, including:
- Suspected or known Harm by IJM People or Implementing Partners, operations or programs against anyone who comes into contact with IJM, including Vulnerable People;
- Suspected or known violations of the IJM’s Safeguarding Policy Suite; or
- Any other inappropriate behavior.
All suspected or known safeguarding concerns must be reported by IJM People or Implementing Partners promptly, with a target of 24 hours of becoming aware of the concern, unless it is impossible to do so, or other exceptional circumstances exist. Where safe to do so, and when after taking into consideration the wishes of the survivors and whistleblowers and the risk of further harm (by way of a risk assessment), all alleged incidents of harm that involve a criminal aspect should be reported through the appropriate local law enforcement channels.
IJM shall ensure that IJM People know how to make a Safeguarding Report in accordance with IJM’s Safeguarding Policy Suite when concerns arise. Everyone will have access to safe, accessible reporting channels, including confidential and anonymous reporting channels. Community-based reporting mechanisms which will be designed in consultation with community members and survivors in context, addressing any barriers to reporting.
Anyone, including members of the community we work with and for, can raise a concern or make a complaint to IJM about something they have experienced or witnessed without fear of retaliation or reprisal. Options for reporting include:
- Using the anonymous whistleblowing webform.
- Contacting Global Safeguarding Lead at safeguarding@ijm.org.
Any person at IJM who receives a safeguarding complaint about another organization should refer the report to the IJM safeguarding team, who will report cases to the relevant organizations involved, where safe to do so, and in accordance with IJM’s Safeguarding Procedures. IJM will not investigate cases related to other organizations. However, IJM does have an obligation to report any misconduct, pursuant to IJM’s Safeguarding Procedures.
Responding
IJM takes allegations of misconduct seriously and will promptly and appropriately investigate Safeguarding Reports. IJM will make efforts to ensure its internal investigation and adjudicative procedures are safe, timely, consistent, confidential, and fair. All Safeguarding Reports and related investigations will be handled by persons trained in handling such matters. Any person receiving a Safeguarding Report or charged with responding to a report should follow Safeguarding Case Management procedures and respond in a manner that upholds our safeguarding principles. IJM’s Safeguarding Team must make reasonable efforts to ensure that the complainant, survivor, and witnesses are safe, receive psychosocial support in accordance with their wishes, and that any further risk of harm is mitigated.
IJM will share reports on registered safeguarding concerns, in an anonymized manner, with IJM’s Board of Directors and as required by local law and by any grant or other agreement (unless such disclosure is specifically prohibited by law or would cause greater harm).
IJM shall provide appropriate support to impacted parties during and after investigation of a Safeguarding Report. Following the investigation, IJM shall take appropriate action through learning and continuous improvement.
Recording
IJM will maintain a case management database that is secure and confidential, to ensure quality assurance, accountability, and data protection compliance.
Zero-Tolerance for Retaliation
It is prohibited to engage in any retaliation for making a Safeguarding Report or participating in an investigation, and IJM commits to protect complainants and witnesses from retaliation.
Violations of this policy including during personal time in the home country or overseas, shall result in disciplinary actions, determined on a case-by-case basis, up to and including termination of employment, contract, membership on a governing body of an IJM entity, or any other form of engagement with IJM.
Assess and Manage Risk and Impact
Careful planning and monitoring can identify, mitigate, and reduce the safeguarding risks to all people especially, Vulnerable People, that may be caused by IJM People, operations, and programs. IJM will ensure safety of all who come into contact with IJM, by way of example, implementing enterprise risk management[2], conducting a risk analysis for all programs and partners, developing, and maintaining monitoring tools, and incorporating feedback into IJM’s global risk management process and program development.
Sharing Responsibility for Safeguarding
IJM requires the commitment and investment of IJM Implementing Partners in preventing harm to anyone who comes into contact with their staff, operations, or programs when they are engaged in the delivery of IJM services and programs, or when they are working with IJM in any way.
IJM carries out appropriate and ongoing due diligence on IJM Implementing Partners and requires that implementing partners have an enterprise risk management framework in place and either adopt IJM’s Safeguarding Policy and procedures or equivalent safeguarding standards.
IJM shall support its Implementing Partners by sharing accurate, timely and accessible information, including the results of self-assessments and partner assessments, risk registers, training and other safeguarding materials. Implementing Partners must promptly report safeguarding concerns they have received about the IJM programs or their staff or operations to IJM within 24 hours of discovery.
[1] See PSEAH Policy tab
[2]
Enterprise Risk Management as defined by the International Standards Organization (“ISO”) 31000 as revised.
International Justice Mission Terms and Conditions of Use
Effective date: 04/09/2022
These Terms and Conditions of Use and our Privacy Policy (together, this “Agreement”) describe the terms and conditions on which International Justice Mission, a 501(c)(3) nonprofit, with offices at PO Box 2227, Arlington, VA 22202, or one or more of its affiliates (collectively, “IJM Global,” “we,” “us” or “our”) offers you access to https://www. https://www.ijm.org or any related website or service in or to which this Agreement is linked or referenced (collectively, the “Services”).
Before accessing and using the Services, please read this Agreement carefully because it is a legal agreement between IJM Global and you.
BY ACCESSING AND USING THE SERVICES, YOU AFFIRM THAT:
- YOU HAVE READ AND UNDERSTAND THIS AGREEMENT;
- YOU WILL COMPLY WITH THIS AGREEMENT; AND
- YOU ARE AT LEAST THE AGE OF LEGAL MAJORITY IN YOUR PLACE OF RESIDENCE AND OTHERWISE LEGALLY COMPETENT TO ENTER INTO A LEGAL AGREEMENT
If you do not agree to any term of this Agreement, please do not use the Services.
1. Changes to Terms
The Effective Date of this Agreement is set forth at the top of this webpage. As we add new features, we may revise or supplement this Agreement. We will provide you with advance notice of material revisions to this Agreement. We will not make revisions that have a retroactive effect unless we are legally required to do so or to protect other users of the Services. Your continued use of the Services after the Effective Date constitutes your acceptance of this Agreement, as amended. As of the Effective Date, the amended Agreement supersedes all previous versions of or agreements, notices or statements about this Agreement.
2. Additional Terms
Certain features of the Services may be subject to additional terms (“Additional Terms”) presented in conjunction with them. Regardless of how they are presented to you, you must agree to Additional Terms before using the features of the Services to which they apply. Unless otherwise specified in Additional Terms, all Additional Terms are incorporated into this Agreement. If you do not agree to Additional Terms, then you may not use the Services to which they relate. This Agreement and Additional Terms apply equally but, if any Additional Term is inconsistent with any provision of this Agreement, the Additional Term will prevail for the Services to which the Additional Terms apply.
3. IJM Global Content
The IJM Global and its licensors retain full and complete title to all information and materials provided on or through or submitted to the Services, including any artwork, graphics, text, video and audio clips, trademarks, logos and other content (collectively, “IJM Global Content”). The names "International Justice Mission" and corresponding logos and other trademarks used in the Services are trademarks of IJM Global or its affiliates and may not be used in connection with the products or services of others in any manner that is likely to cause confusion. All other trademarks not owned by the IJM Global that appear in the Services are the property of their respective owners.
If you agree to this Agreement (as well as any Additional Terms), then you may download, print and/or copy IJM Global Content solely for your own personal use.
Except for content that is in the public domain or unless the IJM Global provides you with written authorization to do so, you may not:
- Incorporate any IJM Global Content into any other work (such as your own website) or use IJM Global Content in any public or commercial manner;
- Copy, modify, reproduce, adapt, reverse engineer, distribute, frame, republish, upload, display, post, transmit, transfer, license or sell IJM Global Content in any form or by any means;
- Change any of the notices about copyright, trademarks or other intellectual property rights that may be part of the IJM Global Content; or
- ‘Deep link’ to any of the Services (i.e., link to any page other than the home page of one of the Services).
EXCEPT FOR IJM GLOBAL CONTENT PROVIDED BY Us OR OUR AGENTS, WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICE OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY THIRD PARTY. IJM GLOBAL is an independent, nonpartisan organization. IJM GLOBAL takes no institutional positions on policy issues. References to specific nonprofit, private, or government entities are not an endorsement.
4. Using the Services
Age of Eligibility: You must be the age of legal majority or older in your place of residence to use the Services.
Your Account: You are required to create an account to use certain features of the Services. IJM Global offers two types of accounts (your “Account”):
- General account
- Donor account
You agree that you will maintain your Account information to ensure that it is always current, complete and accurate. If you provide untrue, incomplete, misleading or inaccurate information, you understand that we have the right to terminate your Account and use of the Services.
You agree to protect the security of your Account. You are responsible for all use of your Account, including your login credentials (i.e., username and password) and activation codes and passwords. IJM Global treats access to the Services through your account credentials as authorized by you. Any access, activity, or purchases made by an authorized business user account will be treated as authorized by the associated registered linked business account. Unauthorized access to password-protected or secure areas is prohibited and may lead to criminal prosecution. IJM Global may suspend your use of all or part of the Services without notice if we suspect or detect any breach of security. Please immediately notify IJM Global using the contact information provided below if you believe that information you provided to us is no longer secure or if you need to deactivate your account or password.
Accessing the Services: You are responsible for the software, hardware and Internet service needed to access and use the Services. If you access and use the Services on your smartphone, tablet or other mobile device (“Mobile Device”), you are solely responsible for any and all data and other fees related to use of the Services through your Mobile Device.
Certain Services may offer text messaging (SMS or MMS) services. Message and data rates may apply. Once you opt-in to receive text messages from us, the frequency of text messages that we send to you depends on your transactions with us. All charges are billed by and payable to your wireless service provider. Please contact your wireless service provider for pricing plans and details. Text message services are provided on an “as is” basis and may not be available in all areas at all times.
by agreeing to receive text messages, you understand and agree that IJM GLOBAL may use an automatic dialing system to deliver text messages to you and that your consent to receive text messages is not required as a condition of purchase for any goods or services.
We do not guarantee availability of the Services at all times of the day. IJM Global may from time to time perform upgrades, updates or otherwise make the Services unavailable. To the maximum extent authorized under applicable law, we reserve the right to change, remove, delete, restrict, block access to, or stop providing any or all of the Services at any time and without notice. Except as provided in our donor agreements, IJM Global has no obligation to provide access to or support for the Services.
Restrictions on Your Use of Services: You may use the Services for lawful, non-commercial purposes only. You agree that you will not (and you agree not to encourage or allow any third party to):
- Breach, test, circumvent (or attempt to breach, test or circumvent) any security, copy protection or rights management feature in the Services or otherwise attempt to gain unauthorized access to the Services, other users’ Accounts, or IJM Global’s computer systems or networks,
- Copy, modify, translate, adapt or otherwise create derivative works or improvements (whether or not patentable) of any part of the Services;
- Decompile, reverse engineer, disassemble or decode the Services or otherwise attempt to derive or gain access to the source code of any part of the Services (unless applicable laws specifically prohibit such restriction);
- Remove, alter or obscure any copyright, trademark or other intellectual property or proprietary notices contained in the Services;
- Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape or index any portion of the Services;
- Use the Services to advertise, buy or sell any products or services;
- Distribute, rent, sublicense, lease, lend, sell, resell, assign, transfer, transmit, stream, broadcast or otherwise make available or exploit any features or functionality of the Services including though time-sharing, use of service bureau or by otherwise making the Services available on a network on which it is accessible by more than one device at any time;
- Reformat or frame any portion of the web pages that are part of the Services without IJM Global's written consent;
- Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services;
- Create an Account under fraudulent pretenses; or
- Collect or store Personal Data (as defined in the Privacy Policy) about any other user without his or her express prior written consent.
5. Contests
From time to time, IJM may offer you the opportunity to participate in challenges or other contests (collectively, “Contests”). You may not be transfer, assign, sell, trade or barter any prize, premium of other benefit you receive through a Contest. ANY PRIZE, PREMIUM OR OTHER BENEFIT IS AWARDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR GUARANTEE FROM IJM GLOBAL, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
We reserve the right to modify, terminate or suspend the availability of Contests and to correct errors or inconsistencies in Contest-related materials. We may disqualify any individual who tampers with any Promotion. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF A PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND WE RESERVE THE RIGHT TO SEEK DAMAGES FROM SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to be bound by our decisions, which are final and binding in all matters relating to Contests. Contests are subject to all applicable federal, state and local laws, rules and regulations. Contests are void where that they are prohibited, restricted or taxed.
BY PARTICIPATING IN A CONTEST, YOU AGREE TO RELEASE IJM GLOBAL AND ITS AGENTS FROM ANY AND ALL LIABILITY, LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH PARTICIPATION IN ANY CONTEST-RELATED ACTIVITY OR THE RECEIPT, USE OR MISUSE OF ANY PRIZE OR PREMIUM THAT YOU MAY RECEIVE.
6. Disclaimer of Warranties
IJM Global warrants that IJM Global has validly entered into this Agreement and has the legal power to do so. You warrant that you have validly entered into this Agreement and have the legal power to do so.
EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE IJM GLOBAL SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. IJM Global specifically disclaims all warranties and conditions of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, freedom from defects, uninterrupted use and all warranties implied from any course of dealing or usage of trade. IJM Global does not warrant that (a) the Services will meet your requirements, (b) operation of the Services will be uninterrupted or virus- or error-free or (c) errors will be corrected. Any oral or written advice provided by IJM Global or its authorized agents does not and will not create any warranty. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES WHICH MEANS THAT SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.
7. Limitation of Liability
YOU FURTHER WAIVE AND AGREE NOT TO ASSERT AGAINST IJM GLOBAL ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, ENHANCED OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUE, DIMINUTION IN VALUE, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF IJM GLOBAL KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IN EACH CASE, ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE OR TO THE CONDUCT OF YOU OR ANY OTHER REGISTERED USER IN CONNECTION WITH THE USE OF THE SERVICE.
The foregoing disclaimer of liability will not apply to the extent prohibited by applicable law in the jurisdiction of your place of residence. You acknowledge and agree that the above limitations of liability together with the other provisions in this Agreement that limit liability are essential terms and that IJM Global would not be willing to grant you the rights set forth in this Agreement but for your agreement to the above limitations of liability.
8. Dispute Resolution
If you have a complaint about the Services, please contact IJM Global via email at privacy@ijm.org.
YOU AND IJM GLOBAL ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, THE CAUSE OF ACTION IS PERMANENTLY BARRED.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO THE SERVICES, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or this Agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR IJM GLOBAL WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.]
9. Governing Law and Jurisdiction
This website is operated from the US. All matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of the State of Virginia without giving effect to any choice or conflict of law provision or rule (whether of the State of Virginia or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Virginia.
10. International Use
If you are not a United States resident and you are accessing our Services from outside the United States, you agree to the transfer of certain information outside your home country to us and that you will follow all the laws that apply to you.
IJM Global's servers, applications, cloud services, and operations are located primarily in the United States and our policies and procedures are based primarily on United States law. Because of this, the following provisions apply specifically to users located outside of the United States: (i) you consent to the transfer, storage, and processing of your information (including Submissions and Personal Data) to and in the United States and/or other countries; (ii) if you are using the Services from a country embargoed by the United States, or are on the United States Treasury Department’s list of “Specially Designated Nationals,” you are not authorized to access or use the Services; and (iii) you agree to comply with all applicable local laws, rules, and regulations, including all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Services. The Services are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which that would subject IJM Global or its affiliates to any registration requirement within such jurisdiction or country.
11. Termination
You may terminate your Account at any time for any reason effective upon written notice to IJM Global or through our donor portal. IJM Global reserves the right immediately to suspend or terminate your access to the Services without notice if IJM Global believes you violated this Agreement.
Termination will not limit any of IJM Global’s other rights or remedies. The Sections titled “IJM Global Content”, “Disclaimer of Warranties”, “Limitation of Liability”, “Dispute Resolution”, “General Terms” and any other provision that is intended to survive termination shall survive termination of this Agreement.
12. Links to Other Websites and Services
The Services contain links to other websites and services that we think may interest you (collectively, “Linked Services”). Linked Services are not under the control of IJM Global and IJM Global is not responsible for Linked Services or for any information or materials on, or any form of transmission received from, any Linked Service. The inclusion of a link does not imply endorsement by IJM Global of the Linked Services or any association with the operators of the Linked Services. IJM Global does not investigate, verify or monitor the Linked Services. IJM Global provides links to Linked Services for your convenience only. You access Linked Services at your own risk.
13. General Terms
- This Agreement (i) inures to the benefit of and will be binding upon IJM Global and you and your successors and assigns, respectively, and (ii) may be assigned by IJM Global but you may not assign this Agreement without the prior express written consent of IJM Global.
- This Agreement contains the entire understanding by and between IJM Global and you with respect to the subject matter described herein.
- If any provision of this Agreement is or becomes unenforceable or invalid in whole or in part, the remaining provisions (or portions thereof) will continue with the same effect as if such unenforceable or invalid provision had not been inserted herein.
- If at any time IJM Global fails to strictly enforce any term of this Agreement, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion.
- Nothing contained in this Agreement will be deemed to constitute IJM Global or you as the agent or representative of the other or as joint venturers or partners.
- The headings and captions contained herein are for convenience only.
- This Agreement and all related documentation will be drafted in English. While certain text in this Agreement may be made available in languages other than English (whether translated by a person or solely by computer software), the English language version controls.
14. Question About the Services
If you have a question about the Services, please contact IJM Global via email at privacy@ijm.org.
International Justice Mission
PO Box 2227
Arlington, VA 22202
T: 844.422.5878
Gift Refund Policy
Your generous contribution to International Justice Mission supports our work. To steward your donations, we follow the below guidelines in refunding your contributions.
All donations made directly to International Justice Mission in person or through our website are refundable within 10 calendar days of your donation being processed or the check date, whichever is earlier. To request a refund, please email giving@ijm.org or call 844.422.5878. Your donation will be refunded using the original method of payment unless the status of the debit is “charge back initiated” or the equivalent. If you made your donation by credit card, the contribution will be credited to the same credit card. Individuals who receive refunds are responsible for correcting any tax filings made to reflect the refunded amount.
Personal Information Notice
To Persons Suspected of Being Involved in or Associated with Activities Proscribed by Applicable Laws Directed Towards Victims/Survivors
Last updated: July 2020
IJM’s mission includes helping victims/survivors of violence and oppression pursue legal claims and seek redress and seek protection. The purpose of this document is to describe how International Justice Mission, its branch offices and certain affiliated entities of International Justice Mission (“IJM”, “we” or “us”) processes personal information relating to persons who pose or who have posed a threat to person(s) who IJM supports and are suspected of being involved in or associated with activities proscribed by applicable laws directed towards these victims/survivors (“you” or “your”). This includes information that we receive from the victim/offender or their caregiver(s), the police, courts, public authorities in charge of preventing crime or supporting victims, publicly available sources (such as social media), and other persons or entities that may have information about you.
1. What information do we receive about you?
We only collect as much information about you as needed to achieve the purposes set out below and as permitted by applicable law and in support of local authorities. We may collect your name, gender, contact information, country of residence, and information about the offenses that you allegedly committed against the victim/survivor and other relevant information related to our support of victims and authorities. Depending on the victim/survivor’s case and where relevant, we may in some instances also receive information about sensitive data including special categories of your personal data in compliance Article 14(1)(d) of the General Data Protection Regulations (“sensitive information”).
We will keep your personal information secure and will only disclose your information as necessary for the purposes mentioned below and in compliance with applicable law.
2. How we use your information?
We will only collect and use the information about you for the following purposes:
- Where necessary to fulfill the victim’s legitimate interests, as applicable:
- to help the victim escape a situation in which he or she may be the victim of a crime;
- to help the victim/survivor establish and exercise legal claims against the persons alleged to have committed a crime against him or her;
- to aid law enforcement and, where appropriate, support prosecution authorities in their pursuit of persons that are alleged to have committed a crime against the victim/survivor in order to support victims;
- if, applicable, to help the victim/survivor (re)integrate into society and enroll him or her in dedicated support programs;
- to manage the victim/survivor’s case file; and
- to assess the victim/survivor’s rehabilitation progress.
- To comply with the laws that apply to IJM.
- For our legitimate interests and the interests of other victims of crime and, where applicable, for statistical or scientific research purposes and in accordance with safeguards required by law, in particular to create anonymized data, including statistics, which we will use to issue reports about our work and create and disclose stories of rescue on our website and social media and at events.
While we think that we have compelling legitimate grounds to process your information for the purposes mentioned above, applicable laws may grant you the right to object to our processing of your information. You may exercise this right by contacting us at the details we provide below.
If we process your sensitive information, we do so:
- For the protection of the victim/survivor’s vital interests, if the victim/survivor is unable to give his or her consent and where his or her life or well-being is threatened.
- As necessary to establish, exercise or defend legal claims or be responsive to government inquiries and/or requests.
- As necessary for reasons of substantial public interest in accordance with applicable law.
We also process information in the context of the work that we conduct with, and as applicable under the control of, local law enforcement and other relevant public authorities and agencies.
3. What are your rights?
In accordance with applicable law, you have certain rights, subject to applicable exemptions, with respect to your information, such as a right of access, rectification, restriction, erasure, opposition, and portability. To exercise those rights, please contact us at the details we provide below. If you are not satisfied with our response or have concerns about how we use your information, you can contact us at: contact@ijm.org. You may have a right to lodge a complaint with the Supervisory Authority for data protection in your country.
4. With whom do we share your information?
To the extent necessary to achieve the purposes mentioned in Section 2 above, your information may be shared with other IJM entities, including in the U.S., where different levels of privacy protection apply. We put in place contractual safeguards (standard contractual clauses) to guarantee an appropriate level of protection as required by applicable law. For more information or a copy of these contracts, please contact us at the details we provide below. Certain personal information may also be shared with IJM’s service providers, with the local police, courts or tribunals and other public authorities, lawyers, partner or government authorities for the benefit of victims.
5. How long do you keep my information?
We will only keep your personal information as long as needed to for the purposes mentioned above in Section 2. We may be required by law to keep your information for longer. After this period of time, we will either delete your personal information or anonymize it.
We keep your information confidential and secure as required by law.
6. How can you contact us?
International Justice Mission
PO Box 2227
Arlington, VA 22202
T: 844.422.5878
E: contact@ijm.org
Mobile Terms and Conditions
Effective Date: October 5, 2021
Rescue
Sign up on ijm.org/textme/rescue to receive mobile notifications on fundraising efforts and events from International Justice Mission through your mobile device - up to four text messages per month. Message and data rates may apply.
By opting into International Justice Mission’s (“IJM”) text messaging service (“Service”), you hereby agree to the text messaging Terms of Use. Please read through the Terms of Use before providing us with your mobile phone number. By signing up, you are confirming you are 18 years of age or older.
PLEASE NOTE THIS IS A LEGAL AGREEMENT BETWEEN YOU AND IJM - PLEASE READ CAREFULLY AS YOUR ENROLLMENT IN THE TEXT MESSAGING SERVICE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THESE TERMS OF USE. THESE TERMS OF USE MAY BE MODIFIED BY IJM FROM TIME TO TIME WITHOUT ADVANCE NOTICE BY POSTING HERE AND YOU WILL BE BOUND BY ANY SUCH MODIFIED TERMS OF USE IF YOU CONTINUE TO BE ENROLLED IN THE SERVICE. THE DATE THESE TERMS OF USE WERE LAST UPDATED IS STATED AT THE END OF THIS DOCUMENT. YOU ARE ENCOURAGED TO REVIEW THESE TERMS OF USE PERIODICALLY FOR UPDATES AND CHANGES. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT PROVIDE YOUR NAME AND PHONE NUMBER ON THE DESIGNATED OPT-IN FORM.
The following terms and conditions apply to your use of the Service:
- You hereby certify that the mobile phone number you use to enroll in the Service is your own phone number.
- You must be at least 18 years old to use the Service, and if you are under 18 in the U.S. or under the age of majority in your province or territory of residence, your parent or guardian must read and agree to these Terms of Use before you enroll.
- Please note that while IJM does not charge for the Service, your carrier’s standard message and data rates may apply. You agree that you are responsible for paying your carrier’s charges to use the Service or, if you are under 18 in the U.S. or under the age of majority in your province or territory of residence, that you have permission to use the Service from the adult responsible for paying the carrier’s charges.
- Messaging: Supported carriers in the U.S. include: AT&T, Sprint, T-Mobile®, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, CellCom USA, C Spire Wireless, Carolina West Wireless (CWW), Google Voice, ACS/Alaska, Advantage Cellular (DTC Wireless), Appalachian Wireless, Bluegrass Cellular, Cellular Network Partnership (PIONEER), Cellular One of East, Central Illinois, Chat Mobility USA, Coral Wireless (Mobi PCS), Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI Communications Corp, Golden State Cellular, Illinois Valley Cellular (IV Cellular), i Wireless (IOWA Wireless), Nex-Tech Wireless, MTA Communications, MTPCS (Cellular One Nation), Cross Telephone Company (MBO Wireless), Duet IP (Maximum Communications New Core Wireless), Inland Cellular Telephone Company, Immix(Keystone Wireless), Mosaic (Consolidated or CTC Telecom), Northwest Missourri Cellular Limited, Peoples Wireless, Panhandle Telecommunications Systems (PTCI), RINA, Revol Wireless USA, SI Wireless/Mobile Nation, SRT Wireless, Texas RSA 3 Ltd (Plateau Wireless), Thumb Cellular, United Wireless, Union Telephone Company (Union Wireless), Viaero Wireless, West Central Wireless (5 Star Wireless), Sagebrush Cellular (Nemont), Pine Cellular, Aio Wireless/Cricket, SouthernLinc, Bandwidth, Copper Valley, Leaco, CableVision, Buffalo Wireless, Chariton Valley Cellular, Pine Belt Wireless, Atlantic Tele-Network International (ATN), T-Mobile is not liable for delayed or undelivered messages. Carriers do not guarantee message delivery and will not be liable for delayed or undelivered messages.
- Multimedia Messaging Service (MMS) alerts: From time to time, IJM may send messages with multimedia content (pictures, videos, GIFs, etc.). MMS alerts may not be available through all carriers. If your device does not support MMS alerts, then you will receive an SMS alert. Prepaid users may not be able to participate. Check with your mobile operator.
- To unsubscribe from IJM’s message Service at any time, simply text the word or words [STOP] to the short code (70839) or in response to any text message received.
- The Service offered on an "as is" and “where as” basis, and: (1) may not be available in all areas at all times; and (2) may not continue to work in the event of product, software, coverage or other service changes made by your wireless carrier. IJM may change or discontinue any of its text programs without notice or liability to you. IJM reserves the right to cease delivery of text messages to any person at any time in its sole discretion.
- IJM makes no representations or warranties whatsoever regarding the Service. IJM hereby disclaims all warranties, including any implied representations or warranties of merchantability or fitness for a particular purpose.
- IJM and each of their respective officers, directors and employees are not responsible and shall not be liable for any direct, indirect, consequential, special, incidental or punitive damages - or other losses or injuries of any kind - resulting directly or indirectly, from the IJM Text Messaging Service (and your use thereof) - including any content or information contained in such text message - or from technical failures or delays of any kind, even if IJM has been advised of the possibility of such damage or loss,
- You expressly agree to indemnify, defend, and hold harmless IJM and its directors, officers, employees, servants, agents, representatives, independent contractors, and affiliates from and against any and all claims, damages, liabilities, actions, causes of action, costs, expenses (including reasonable attorneys’ fees), judgments, or penalties of any kind or nature whatsoever arising from your use of the Service.
- These Terms of Use shall be construed in accordance with the laws of the District of Columbia. YOU AND IJM AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR IJM WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR IJM ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND IJM FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, IJM, AND ALL PARTIES TO ANY SUCH PROCEEDING.
Date Last Updated: October 5, 2021
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Text STOP to 70839 to stop receiving Rescue messages from International Justice Mission (you will receive a confirmation text).
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For additional information, text HELP to 70839 or contact 844.422.5878.
Updates
Sign up on ijm.org/textme/updates to receive mobile notifications on prayer updates, stories, news, events, and other updates from International Justice Mission through your mobile device. Up to 2 text messages per month. Message and data rates may apply.
By opting into International Justice Mission’s (“IJM”) text messaging service (“Service”), you hereby agree to the text messaging Terms of Use. Please read through the Terms of Use before providing us with your mobile phone number. By signing up, you are confirming you are 18 years of age or older.
PLEASE NOTE THIS IS A LEGAL AGREEMENT BETWEEN YOU AND IJM - PLEASE READ CAREFULLY AS YOUR ENROLLMENT IN THE TEXT MESSAGING SERVICE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THESE TERMS OF USE. THESE TERMS OF USE MAY BE MODIFIED BY IJM FROM TIME TO TIME WITHOUT ADVANCE NOTICE BY POSTING HERE AND YOU WILL BE BOUND BY ANY SUCH MODIFIED TERMS OF USE IF YOU CONTINUE TO BE ENROLLED IN THE SERVICE. THE DATE THESE TERMS OF USE WERE LAST UPDATED IS STATED AT THE END OF THIS DOCUMENT. YOU ARE ENCOURAGED TO REVIEW THESE TERMS OF USE PERIODICALLY FOR UPDATES AND CHANGES. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT PROVIDE YOUR NAME AND PHONE NUMBER ON THE DESIGNATED OPT-IN FORM.
The following terms and conditions apply to your use of the Service:
- You hereby certify that the mobile phone number you use to enroll in the Service is your own phone number.
- You must be at least 18 years old to use the Service, and if you are under 18 in the U.S. or under the age of majority in your province or territory of residence, your parent or guardian must read and agree to these Terms of Use before you enroll.
- Please note that while IJM does not charge for the Service, your carrier’s standard message and data rates may apply. You agree that you are responsible for paying your carrier’s charges to use the Service or, if you are under 18 in the U.S. or under the age of majority in your province or territory of residence, that you have permission to use the Service from the adult responsible for paying the carrier’s charges.
- Messaging: Supported carriers in the U.S. include: AT&T, Sprint, T-Mobile®, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, CellCom USA, C Spire Wireless, Carolina West Wireless (CWW), Google Voice, ACS/Alaska, Advantage Cellular (DTC Wireless), Appalachian Wireless, Bluegrass Cellular, Cellular Network Partnership (PIONEER), Cellular One of East, Central Illinois, Chat Mobility USA, Coral Wireless (Mobi PCS), Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI Communications Corp, Golden State Cellular, Illinois Valley Cellular (IV Cellular), i Wireless (IOWA Wireless), Nex-Tech Wireless, MTA Communications, MTPCS (Cellular One Nation), Cross Telephone Company (MBO Wireless), Duet IP (Maximum Communications New Core Wireless), Inland Cellular Telephone Company, Immix(Keystone Wireless), Mosaic (Consolidated or CTC Telecom), Northwest Missourri Cellular Limited, Peoples Wireless, Panhandle Telecommunications Systems (PTCI), RINA, Revol Wireless USA, SI Wireless/Mobile Nation, SRT Wireless, Texas RSA 3 Ltd (Plateau Wireless), Thumb Cellular, United Wireless, Union Telephone Company (Union Wireless), Viaero Wireless, West Central Wireless (5 Star Wireless), Sagebrush Cellular (Nemont), Pine Cellular, Aio Wireless/Cricket, SouthernLinc, Bandwidth, Copper Valley, Leaco, CableVision, Buffalo Wireless, Chariton Valley Cellular, Pine Belt Wireless, Atlantic Tele-Network International (ATN), T-Mobile is not liable for delayed or undelivered messages. Carriers do not guarantee message delivery and will not be liable for delayed or undelivered messages.
- Multimedia Messaging Service (MMS) alerts: From time to time, IJM may send messages with multimedia content (pictures, videos, GIFs, etc.). MMS alerts may not be available through all carriers. If your device does not support MMS alerts, then you will receive an SMS alert. Prepaid users may not be able to participate. Check with your mobile operator.
- To unsubscribe from IJM’s message Service at any time, simply text the word or words [STOP] to the short code (85019) or in response to any text message received.
- The Service offered on an "as is" and “where as” basis, and: (1) may not be available in all areas at all times; and (2) may not continue to work in the event of product, software, coverage or other service changes made by your wireless carrier. IJM may change or discontinue any of its text programs without notice or liability to you. IJM reserves the right to cease delivery of text messages to any person at any time in its sole discretion.
- IJM makes no representations or warranties whatsoever regarding the Service. IJM hereby disclaims all warranties, including any implied representations or warranties of merchantability or fitness for a particular purpose.
- IJM and each of their respective officers, directors and employees are not responsible and shall not be liable for any direct, indirect, consequential, special, incidental or punitive damages - or other losses or injuries of any kind - resulting directly or indirectly, from the IJM Text Messaging Service (and your use thereof) - including any content or information contained in such text message - or from technical failures or delays of any kind, even if IJM has been advised of the possibility of such damage or loss,
- You expressly agree to indemnify, defend, and hold harmless IJM and its directors, officers, employees, servants, agents, representatives, independent contractors, and affiliates from and against any and all claims, damages, liabilities, actions, causes of action, costs, expenses (including reasonable attorneys’ fees), judgments, or penalties of any kind or nature whatsoever arising from your use of the Service.
- These Terms of Use shall be construed in accordance with the laws of the District of Columbia. YOU AND IJM AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR IJM WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR IJM ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND IJM FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, IJM, AND ALL PARTIES TO ANY SUCH PROCEEDING.
Date Last Updated: October 5, 2021
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Text STOP to 85019 to stop receiving Updates messages from International Justice Mission (you will receive a confirmation text).
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We take your privacy seriously. Please visit www.ijm.org/policies to review our privacy policy.
Purchase Order Terms and Conditions
All Purchase Orders issued by International Justice Mission (“Buyer”) are made expressly subject to these additional terms and conditions (“Purchase Order Terms and Conditions”).
These Purchase Order Terms and Conditions are between the Buyer and the seller listed on the Purchase Order (“Seller”). The Purchase Order, inclusive of these Purchase Order Terms and Conditions, constitutes Buyer’s offer to Seller to purchase named products (“Purchased Products”) or services (“Purchased Services”) and is a binding contract on the terms and conditions set forth herein when it is accepted by Seller, including upon commencement of performance hereunder. No terms or conditions stated by Seller shall be binding upon Buyer unless accepted by Buyer in writing. Any additional or different terms proposed by Seller are objected to and rejected unless expressly assented to in writing by Buyer.
No amendments to the Purchase Order Terms and Conditions are valid unless in writing and signed by an authorized representative of the Buyer.
1. ACCEPTANCE
By shipping the Purchased Products or performing the Purchased Services specified in the Purchase Order Terms and Conditions, Seller accepts the Purchase Order and the Purchase Order Terms and Conditions and agrees to be bound by their terms and conditions.
2. TIMELY PERFORMANCE
Seller acknowledges and agrees that time is of the essence in the delivery of the goods or completion of the services within the time frame mutually agreed upon by Buyer and Seller, is vital to the interest of Buyer, and that failure to complete the services within such timeframe constitutes a breach of the Purchase Order and these Purchase Order Terms and Conditions.
3. CHANGES
Buyer reserves the right at any time prior to shipment to make a change as to: (1) specifications; (2) method of delivery; (3) place of delivery, (4) schedule of delivery and the (5) quantities of delivery.
4. CANCELLATION
Buyer reserves the right to cancel the Purchase Order, or any portion of thereof, without liability, if; (a) as time is of the essence in this Purchase Order, delivery is not made when and as specified; (b) Seller fails to meet contract commitments as to exact time, price, quality or quantity; (c) Seller ceases to conduct its operation in the normal course of business; (d) Seller is unable to meet its obligations as they mature; (e) proceedings are instituted against Seller under the bankruptcy laws or any other laws relating to the relief of creditors; (f) a receiver is appointed or applied for by Seller; or (g) any assignment is made by Seller for the benefit of creditors. Buyer also reserves the right to cancel for any other reason permitted by the Uniform Commercial Code then in effect in the State of Virginia. In the event of a cancellation, Buyer shall have no further obligations to Seller except to pay for deliverables that were provided to Buyer prior to such termination and were accepted by Buyer. Upon termination, Seller shall provide any transition assistance that may be reasonably requested by Buyer.
5. DELIVERY
Seller shall deliver the goods or services to Buyer by appropriate conveyance no later than by the dates specified in the Purchase Order.
6. INSPECTION AND REJECTION
All goods are subject to final inspection and acceptance by Buyer at destination notwithstanding any payment. Such inspection will be made within a reasonable time after receipt of goods.
Buyer shall notify Seller if any goods delivered hereunder are rejected, and at Buyer’s election and Seller’s risk and expense, such goods shall be held by Buyer or returned to Seller. No replacement or correction of nonconforming goods shall be made by Seller unless agreed to in writing by Buyer.
7. INVOICING
Invoices shall be mailed immediately after shipment of goods or rendering of service is complete to the address shown on the face of the Purchase Order and including an “attention to” line indicating the Seller’s primary business contact at Buyer. Delays in receiving invoices, errors, or omissions on invoices or lack of supporting documentation required by the terms of the Purchase Order, including these Purchase Order Terms and Conditions, will be cause for postponing the start of the payment terms until the correct information is received. Buyer will not be responsible for charges on invoices received more than 120 days after the rendering of service is complete or shipment of the goods unless indicated otherwise in a written agreement between Buyer and Seller.
8. PAYMENT
In consideration of the performance of the completion of the obligations by Seller and acceptance by Buyer under the Purchase Order and these Purchase Order Terms and Conditions, Buyer will pay the applicable invoice amount. Payment terms are net 30 days from receipt of invoice unless indicated otherwise in a written agreement between Buyer and Seller.
9. DISPUTED CHARGES
Where any item or items on an invoice are disputed Buyer may withhold payment for the item or items so disputed until such time as the dispute is resolved.
10. SELLER’S REPRESENTATIONS AND WARRANTIES
Seller represents and warrants that: (a) Seller owns all rights, title and interest in the products and services and has legal authority to sell, license or otherwise transfer the right to use or sell such items to the company; (b) the product and service covered under the Purchase Order are of good and merchantable quality and free from defects in design, material and workmanship, are safe and conform to applicable specifications, drawings, samples, descriptions and associated documentation provided to the company in writing; (C) the product and services, and the production and sale thereof, and all warranties, guarantees, representations by Seller made or authorized to be made in connection therewith are in all respects in compliance with all applicable international, federal, state, local laws, rules and regulations.; (d) the goods are fit for the use intended; (e ) no Purchased Product and/or Purchased Service, or their sale or use will infringe any patents, trademarks, copyrights, trade secrets or similar intellectual property rights of any third party; (f) Seller will comply with all federal, state and locals laws, ordinances, rules and regulations applicable to its performance under this Purchase Order. (g) Seller has not changed any compositions, formulations, or other constituents of the Purchased Products without written approval from Buyer.
11. COMPLIANCE WITH LAWS
Seller represents and warrants that no law, regulation or ordinance of the United States, or any state or governmental authority or agency has been violated in the manufacture, procurement, transporting or sale of any of the deliverables or services furnished, work performed or service rendered pursuant to these Purchase Order Terms and Conditions.
12. INDEMNIFICATION
Seller shall assume entire responsibility for and shall defend, indemnify and hold Buyer, and its directors, officers, employees and agents (collectively, the “Indemnitees”) harmless against all losses, liabilities, claims, costs and expenses arising directly or indirectly out of or in connection with the performance related to these Purchase Order Terms and Conditions including, but not limited to: Injury to any person in the employment of the Seller or any Seller subcontractors; Loss of or damage to the property of Seller, any subcontractor and any of their respective personnel whatsoever and howsoever arising; or by reason of any actual or alleged infringement of any United States patent, copyright or trade secret arising out of the services, products and/or deliverables supplied to Buyer by Seller. The provisions of this paragraph “Indemnification” shall survive the termination of these Purchase Order Terms and Conditions for whatever reason.
13. CONFIDENTIALITY AND SAFEGUARDING
Seller acknowledges that it is, may be or will be privy to Confidential Information. Seller will ensure that Confidential Information remains confidential and secure. It will use the Confidential Information only in furtherance of its work under the Purchase Order Terms and Conditions and shall not transfer or otherwise disclose the Confidential Information to any third party except with written authorization from an officer of Buyer.
In these Purchase Order Terms and Conditions, “Confidential Information” includes any information: that has been marked as confidential; whose confidential nature has been made known by either of the parties, in writing or orally with specific written notification of such or disclosure; is not generally known to the public, that due to its character, nature, or method of transmittal, a reasonable person under like circumstances would treat as confidential; and/or would be considered “personal data” under the EU General Data Protection Regulation (“GDPR”) including information relating to a person who can be identified, directly or indirectly, by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person. If information falls within any of the above categories it is considered “Confidential Information” regardless of its form. For avoidance of doubt, the street address of Buyer is confidential, and Seller agrees not to disclose or publish the address online or elsewhere, or to store documents online with the address visible.
Safeguarding. Seller and Seller’s employees, if applicable, working under these Purchase Order Terms and Conditions, must affirm intent to abide by Buyer’s Safeguarding Policy as well as other ethical policies that it may publish from time to time. Buyer is a leader in the global effort to safeguard vulnerable people and believes its obligations extend to its contractors, suppliers, and sub-partners. In compliance with UNICEF Safeguarding standards, all Buyer contractors, suppliers, and sub-partners must commit to a zero-tolerance policy and to take measures to prevent and respond to sexual abuse and exploitation. Therefore, Seller acknowledges, agrees, and commits that Seller will abide by Buyer’s Safeguarding Policy and related procedures.
14. INSURANCE
Whenever Seller shall, by virtue hereof, have in its possession property of Buyer, Seller shall be deemed as insurer thereof and shall be responsible for its safe return to Buyer.
If Seller is to perform any services for Buyer on any premises owned or controlled by Buyer or elsewhere, Seller agrees to: (1) keep such premises and work free and clear of all mechanic’s liens, and furnish to Buyer proper affidavits and/or waivers certifying thereto; (2) perform such services at Seller’s sole risk prior to its written acceptance by Buyer, and replace at Seller’s sole expense all property damaged or destroyed by any cause whatsoever; (3) carry and maintain at Seller’s own expense the following insurance policies with a minimum AM Best Rating of A-VII (a) general liability insurance with minimum limits of $1,000,000 per occurrence and $2,000,000 aggregate, naming Buyer as additional insured and endorsed to provide primary and non-contributory provision for the insurance carried by Seller and including a severability of interest clause; (b) worker’s compensation insurance covering all employees to be used by Seller or Seller’s subcontractors in connection with such services and public liability insurance covering Seller’s liability hereunder; (c) professional liability/errors and omissions, if Seller is providing professional services, $1,000,000 per occurrence and in the aggregate; and (d) employment practices liability, if Seller has employees, $1,000,000 per occurrence and in the aggregate. At Buyer’s request, Seller agrees to promptly furnish to Buyer certificates of its insurance carrier showing that such insurance is in force.
All shipments shall be insured for full value of goods therein. This insurance shall include the full value of any materials furnished by Buyer whether or not these materials have been altered by Seller. Seller accepts full responsibility for financial reimbursement to Buyer for all materials, lost or damaged and not insured.
Seller shall also provide Buyer not less than thirty (30) days’ notice in the event of cancellation of any and/or all Seller’s insurance policies. Seller agree that the above-mentioned insurance shall apply as primary coverage with respect to any other insurance policy under which Buyer is covered.
15. PUBLICITY
Seller shall not make or publish any notice, advertisement, press release, or other communication with respect to the Purchase Order Terms and Conditions, its contents, or the goods or services without Buyer’s prior written consent. Seller shall not use Buyer’s name or logo in any of its advertising, client list, or sales promotional material without Buyer’s prior written consent.
16. INTELLECTUAL PROPERTY
Buyer is and will be the sole and exclusive owner of all right, title, and interest throughout the world in and to all writings, technology, discoveries, processes, techniques, methods, ideas, concepts, research, proposals, and materials, and all other work product of any nature whatsoever, that are created, prepared, produced, authored, edited, modified, conceived or reduced to practice in the course of performing any Services or other work performed in connection with the Services or these Purchase Order Terms and Conditions (collectively, “Work Product”) including all patents, copyrights, trademarks (together with the goodwill symbolized thereby), know-how, and other confidential or proprietary information, and other intellectual property rights (collectively, “Intellectual Property Rights”) therein. Seller agrees that the Work Product is hereby deemed “work made for hire” as defined in 17 U.S.C. § 101 for Buyer and all copyrights therein automatically and immediately vest in Buyer, if for any reason, any Work Product does not constitute “work made for hire,” Seller hereby irrevocably assigns to Buyer, for no additional consideration, Seller’s entire right, title and interest throughout the world in and to such Work Product, including all Intellectual Property Rights therein, including the right to litigate past, present, and future infringement, misappropriation, or dilution, thereof and will reasonably assist Buyer in perfecting any rights as required.
As between Seller and Buyer, Buyer is, and will remain, the sole and exclusive owner of all right, title, and interest in and to any documents, specifications, data, know-how, methodologies, software, and other materials provided to Seller by Buyer (“Buyer Materials”), including all Intellectual Property Rights therein. Seller has no right or license to reproduce or use any Buyer Materials except solely during the Term to the extent necessary to perform Seller’s obligations under these Purchase Order Terms and Conditions. All other rights in and to the Company Materials are expressly reserved by Buyer. Seller has no right or license to use Buyer’s trademark, service marks, trade names, logos, symbols, or brand names.
17. DISPUTE RESOLUTION
Any claim or dispute arising from or related to these Purchase Order Terms and Conditions shall be settled by mediation and, if necessary, legally binding arbitration administered by the American Arbitration Association in accordance with its then-current rules. Judgment upon an arbitration decision may be entered in any court otherwise having jurisdiction. Such arbitration will take place in Arlington County, Virginia. The parties understand that these methods shall be the sole remedy for any controversy or claim arising out of the Purchase Order or these Purchase Order Terms and Conditions and expressly waive their right to file a lawsuit in any civil court against one another for such disputes, except to enforce an arbitration decision.
Each of the parties hereto consents to be served by any party to these Purchase Order Terms and Conditions in any suit, action, or proceeding delivered personally or by the mailing of a copy thereof postage prepaid by United States registered or certified mail, return receipt requested, or by any nationally recognized overnight carrier service (i.e., Fed Ex or UPS) with delivery confirmation, to the parties at the addresses set forth in these Purchase Order Terms and Conditions.
18. ASSIGNMENT
No assignment of any rights, including rights to money due or to become due hereunder, or delegation of any duties under this order shall be binding upon Buyer until its written consent has been obtained.
19. HEADINGS
The headings contained in these Purchase Order Terms and Conditions are for convenience of reference only and are not intended to have any substantive significance in interpreting these Purchase Order Terms and Conditions.
20. FORCE MAJEURE
Both parties shall be relieved from any and all liability under or in connection with these Purchase Order Terms and Conditions to the extent that such liability arises from any failure to perform any of its obligations under or in connection with these Purchase Order Terms and Conditions has been caused or contributed to by a force majeure event or circumstance including acts of God, war, hostilities (whether war be declared or not), civil disturbance, government action, strikes, lock-outs, or labor disputes, computer virus, or any other event or circumstance or cause whatsoever beyond the reasonable control of the party.
21. SEVERABILITY AND INDIVIDUAL PROVISIONS
If any term, condition, or provision of these Purchase Order Terms and Conditions is for any reason declared or found to be illegal, invalid, ineffective, inoperable, or otherwise unenforceable, it shall be severed and deemed to be deleted from these Purchase Order Terms and Conditions and the validity and enforceability of the remainder of these Purchase Order Terms and Conditions shall not be affected or impaired thereby the remaining terms shall remain in full force and effect.
22. WAIVER OF FAILURE TO ENFORCE A PROVISION
Failure by either party at any time to enforce any provision of these Purchase Order Terms and Conditions against the other shall not be construed as a waiver of such entitlement and shall not affect the validity of these Purchase Order Terms and Conditions or any part or parts hereof or the right of the relevant party to enforce any provision in accordance with its terms. The rights and/or remedies of either party may only be waived by formal written waiver which is signed by a duly authorized representative of the party waiving its rights and which makes express and unequivocal reference to the waiver being made.
23. APPLICABLE LAW
These Purchase Order Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Virginia, without regard to conflicts-of-law principles.