Privacy Policy

OPENFORGOOD.COM PLATFORM AGREEMENT: GUIDELINES, CODE OF CONDUCT & TERMS OF USE This Agreement was last revised on August 21, 2020. The James Beard Foundation, Inc. (the “Foundation”) seeks to provide individuals the opportunity to engage with others who have similar interests, skills or areas of expertise in order to establish mentorship relationships (the “Mentorship Program”). […]

OPENFORGOOD.COM PLATFORM AGREEMENT: GUIDELINES, CODE OF CONDUCT & TERMS OF USE

This Agreement was last revised on August 21, 2020.

The James Beard Foundation, Inc. (the “Foundation”) seeks to provide individuals the opportunity to engage with others who have similar interests, skills or areas of expertise in order to establish mentorship relationships (the “Mentorship Program”). To connect individuals who are interested in participating in the Mentorship Program, the Foundation has created the OpenforGood.com mentorship platform (the “Platform”). This agreement (the “Agreement”) applies to you as participants in the Mentorship Program and users of the Platform and outlines the guidelines, code of conduct and terms of use you must adhere to when using the Platform and participating in the Mentorship Program and includes the privacy policy applicable to you. In order to join and use the Platform and participate in the Mentorship Program, you must agree to be bound by the terms of this Agreement. This Agreement is effective as of the date you click ‘I Agree’ below and by clicking ‘I Agree’ you acknowledge that you have read this Agreement in its entirety and agreed to abide by the terms of this Agreement. 

Guidelines

A successful mentorship relationship should have:

           An intentional investment of time and energy

           A variety of perspectives, skills, and expertise

           Room for interpretation of advice

           Mutual benefits and learning for mentors and mentees

           Mentors should:

           Cultivate the bond with their mentees

           Have institutional knowledge and expertise

           Identify the gaps in a mentee’s skillset

           Encourage and facilitate networking opportunities

Mentees should:

           Initiate the mentorship relationship

           Have clearly defined goals for what they hope to get out of the relationship

           Be open to constructive feedback

           Establish a framework and boundaries for the relationship

           Be prepared with specific questions

           Seek out a variety of mentors

Code of Conduct – Mentors

As a condition of my participation in the Mentorship Program and use of the Platform as a mentor, I hereby agree as follows:

      I represent that I am at least eighteen (18) years old.

      I will complete a user profile in order to participate on the Platform. I represent that all information I include on my user profile is true and complete. In the event that any information I included on my profile changes, I will promptly update my profile to reflect such information.  If I enter any false or misleading information or any information on my profile becomes false or misleading and I fail to update such information, I acknowledge the Foundation reserves the right to terminate my participation in the Mentorship Program and/or on the Platform.  

      I will not engage in verbal, physical, or sexual harassment of any kind as a participant in the Mentorship Program, including in my use of the Platform.

For a full definition of what constitutes harassment, please view the Appendix.

      In my conversations with any potential or matched mentees, I will be professional and respectful.

      I will keep all conversations confidential and will not disclose any information to third parties unless such disclosure is agreed upon by all parties involved in the conversation.

      I will not bring a third party into the conversation unless mutually agreed upon by all parties in the conversation beforehand.

      I will watch this video on unconscious bias prior to any communication or meeting with any mentee(s) and will watch any additional training videos the Foundation may require in order to continue my participation in the Mentorship Program and use of the Platform.

      I will take best efforts to adhere to any scheduled meetings or calls with my mentee(s).

      I will not pursue a romantic or sexual relationship with any users on the Platform.

      I agree my participation in the Mentorship Program is voluntary and under no circumstance will I charge any of my mentees for the mentorship services or advice I provide.

      I agree to abide by all applicable laws and will not engage in any conduct that is harmful or illegal as a participant in the Mentorship Program or in my use of the Platform.

      I acknowledge that the Foundation is not responsible for my actions as a participant in the Mentorship Program or on the Platform.

      If I witness any inappropriate content on the Platform that violates the terms of this Agreement, I will report such content to erothkrug@jamesbeard.org.

Code of Conduct – Mentees

As a condition of my participation in the Mentorship Program and use of the Platform as a mentee, I hereby agree as follows:

      I represent that I am at least eighteen (18) years old.

      I will complete a user profile in order to participate on the Platform. I represent that all information I include on my user profile is true and complete. In the event that any information I included on my profile changes, I will promptly update my profile to reflect such information.  If I enter any false or misleading information or any information on my profile becomes false or misleading and I fail to update such information, I acknowledge the Foundation reserves the right to terminate my participation in the Mentorship Program and/or on the Platform.

      I will not engage in verbal, physical, or sexual harassment of any kind as a participant in the Mentorship Program, including in my use of the Platform.

For a full definition of what constitutes harassment, please view the Appendix.

      In my conversations with any potential or matched mentors, I will be professional and respectful.

      I will keep all conversations confidential and will not disclose any information to third parties unless such disclosure is agreed upon by all parties involved in the conversation.

      I will not bring a third party into the conversation unless mutually agreed upon beforehand by all parties in the conversation.

      I will take the lead on scheduling meetings with my mentor unless otherwise discussed and agreed.

      I understand my mentor(s) is busy and will respect their time and boundaries.

      I will take best efforts to come prepared with specific questions for every meeting with my mentor(s).

      I will not pursue a romantic or sexual relationship with any users on the Platform.

      I agree to abide by all applicable laws and will not engage in any conduct that is harmful or illegal as a participant in the Mentorship Program or in my use of the Platform.

      I acknowledge that the Foundation is not responsible for my actions as a participant in the Mentorship Program or on the Platform.

      If I witness any inappropriate content on the Platform that violates the terms of this Agreement, I will report such content to erothkrug@jamesbeard.org.

Privacy Policy

The terms of this Agreement explains the Foundation’s practices pertaining to the collection of personal data through your participation in the Mentorship Program and use of the Platform and the way such information is collected and used.

Information Collected.  The Foundation collects, stores and processes personal data that you provide to it voluntarily or is automatically collected from you via your use of the Platform.  Personal data you voluntarily provide the Foundation, in connection with your participation in the Mentorship Program and use of the Platform, includes name, age, gender, email address, years of experience, skills, interests and geographic location.  Information the Foundation automatically collects from you via your use of the Platform, includes IP addresses and information collected via “cookies”. We may, but have no obligation to, monitor and record other activity on the Platform for any reason or for no reason. In addition, the Platform may use “cookies” technology, through which small amounts of data are sent to your computer from the Foundation’s web server and stored on your computer’s hard drive. This data identifies you as a unique user when visiting the Platform. This technology does not provide the Foundation with any information about your name, address, phone number, email address or any other personal data.

Use of Information Collected.  The Foundation collects, stores and processes personal data from you in order to enable your participation in the Mentorship Program or use of the Platform and otherwise allow the Foundation to operate the Mentorship Program.  With respect to automatically collected information, the Foundation uses any IP addresses and cookie-related information it collects to (i) help the Foundation in the ongoing maintenance of the Platform and (ii) track information about user activities online over time.

The Foundation will not disclose, including by way of sale, any personal data, except in the course of operating the Foundation’s organization, the Mentorship Program or the Platform personal data may be shared with third-party sponsors of the Mentorship Program (including the Platform) and the Foundation’s service providers or as allowed by applicable law or regulation. The Foundation will endeavor to ensure that any third parties that receive such information will use it only in connection with this Agreement and the operation of the Mentorship Program or the services they provide to the Foundation and as allowed by applicable law or regulation, and is not permitted to share or use this information for any other purpose.

Third-Party Websites. The Platform may contain links to websites controlled and maintained by third parties. The Foundation does not have any control over the content of these websites, and assumes no liability or responsibility for such sites, the content contained thereon or the manner in which any information collected on such sites are used. This Agreement does not govern the use of information collected on such third-party websites. Your use of such websites is governed by any terms of use or privacy policy available on any such third-party websites.

Your Privacy Rights. Depending on your state and country of residence, you may have a right to (i) request information about any personal data the Foundation has collected, including name, email address, IP addresses and information collected by cookies, and copies of any such personal data, (ii) request that such personal data be deleted and (iii) rectify any personal data held about you that is inaccurate or incomplete. To submit such a request, please contact the Foundation as set out below.

If you reside in California, you have certain additional rights in certain circumstances, as described in this paragraph. In connection with an access or deletion request, the Foundation will undertake steps to verify your identity and may ask you to provide information that the Foundation holds about you. The Foundation will not delete personal data if it needs it in order to service your account on the Platform or participation in the Mentorship Program, to protect the security or functionality of the Foundation’s operations, to comply with legal and regulatory obligations, or for certain other reasons. Further, some browsers may transmit “do-not-track” (“DNT”) signals to mobile applications with which the user communicates. The Foundation currently does not change its tracking practices in response to DNT settings in your browser. The Foundation may have third parties, as discussed above, collect information about your online activities over time. These third parties may not change their tracking practices in response to DNT settings in your browser.

If you reside in the European Economic Area (“EEA”), you have certain additional rights in certain circumstances, as described in this paragraph. You have the right to restrict the processing of your personal data by the Foundation and request transmission of the personal data that you have provided to the Foundation, where the Foundation is using your personal data, to another organization and in a machine-readable form. From time to time, the Foundation may ask you to confirm the accuracy of your personal data. The Foundation is located in the USA and obliged to inform you that for the purposes listed above, your personal data will be transferred to the Foundation and to any of the recipients and third parties referred to above acting in any jurisdiction. Transfers of such personal data may be made to or from the USA or to countries located in or outside of the EEA. By providing the Foundation with your personal data, you consent to such transfers. Certain countries in which recipients may be located and to which personal data may be transferred, including the USA, may not offer an equivalent level of protection to personal data as the level afforded in the EEA. The Foundation will comply with applicable law in transferring personal data to locations outside of the EEA. For the purpose of EEA data protection laws, the Foundation is a data controller of your personal data. If you reside in the EEA you have the right to lodge a complaint with the competent data protection authority in the EEA member state in which you reside if you believe that the Foundation’s data protection practices do not comport with applicable EEA laws or regulations.

Data and Network Security.  The Foundation maintains operational policies, including physical, electronic and procedural protections, to safeguard and secure the Foundation’s data networks against unauthorized access to data the Foundation may collect and have appropriate policies in place to ensure that any information the Foundation collects is used in compliance with this Agreement. The Foundation cannot guarantee the absolute security of its servers or databases or those of its third-party service providers. You use this website at your own risk.

Online Terms of Use

Permitted Uses. You may use the Platform for your own personal, non-commercial use. This means that you can use the Platform to participate in the Mentorship Program and use any resources the Foundation has posted to the Platform. You cannot, however, use the Platform for commercial purposes or to violate any applicable law or regulation. In addition you may not:

            (1) access or use, or attempt to access or use, the Platform to take any action that could harm the Foundation or any third party or interfere with the operation of the Platform;

            (2) use the Platform with any device or software that could disable or impair the Platform;

            (3) use robots, spiders, scripts, service, software or any manual or automatic device, tool or process designed to data mine or scrape the Platform, or otherwise access or collect data or information from the Platform using automated means;  

            (4) cache or archive the Platform (except for a public search engine’s use of spiders for creating search indices);

            (5) attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Platform;

            (6) attempt to circumvent restrictions, conditions, or technological measures imposed on your use or access of the services; and

            (7) take any action that imposes an unreasonable or disproportionately large load on the Foundation’s network or infrastructure or violates or threatens the Foundation’s system or network security.

You agree to abide by all additional restrictions displayed on the Platform, as they may be updated from time to time.

Limited Authorized to Use Materials. Subject to your compliance with this Agreement, the Foundation grants to you a non-exclusive, non-transferable limited right to access and use the Platform’s contents (collectively, the “Materials”) and the Platform is only for your own non-commercial use. The Foundation reserves, and will enforce to the fullest extent possible, all rights that the Foundation may have with respect to the Platform and the Materials. You are not permitted to remove any copyright or other proprietary notices contained on the Platform or in the Materials and publicly display the Materials or distribute copies of them to others. The Platform and the Materials may contain or reference trademarks, confidential information, technologies, products, logos, processes or other proprietary rights (the “Intellectual Property”). The Intellectual Property is the property of its respective owner, which may be the Foundation and/or other parties. Except as otherwise expressly stated herein, you are not granted any license to use, or right in, the Intellectual Property. Non-compliance, to any degree, with these terms constitutes a material breach of this Agreement and immediate forfeiture of the above limited authorization.

Disclaimer. The Platform is provided to you on an “as is” and “as available” basis and to the extent permitted by applicable law, the Foundation disclaims all warranties and conditions of any kind, including but not limited to statutory warranties, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. The Foundation also disclaims any warranties regarding (a) the reliability, timeliness, accuracy and performance of the Platform, (b) any information, advice services or goods obtained through or advertised on the Platform or by us, as well as for any information or advice received through any other resources provided on the Platform and (c) the correction of any errors in the platform.

General

Background Checks. The Foundation does not conduct any criminal background checks on any mentors or mentees participating in the Mentorship Program or users of the Platform.

Release and Indemnification. To the fullest extent permitted by applicable law, you agree not to hold the Foundation liable for any damages, direct or indirect, arising out of or relating to the conduct of you or anyone else in connection with the Mentorship Program, the Platform or this Agreement. This includes, but is not limited to, any incidental, consequential, special, punitive or exemplary damages of any kind arising from the Mentorship Program, the Platform or this Agreement. You agree to indemnify, defend and hold harmless the Foundation its officers, directors, employees and agents harmless from and against any and all liabilities, losses, damages, claims, costs and expenses, including, but not limited to, reasonable attorney fees and costs actually incurred, arising out of or relating any third party claims under this Agreement or any failure by you to comply with any applicable law or regulation or a breach of any representation, warranty or obligation under this Agreement; provided, that, you shall not (i) without the prior written consent of the Foundation (which consent shall not be unreasonably withheld), settle or compromise or consent to the entry of any judgment with respect to any pending or threatened claim, action, suit or proceeding in respect of which indemnification or contribution may be sought hereunder (whether or not the Foundation is an actual or potential party to such claim or action) unless such settlement, compromise or consent includes an unconditional release of the Foundation from all liability arising out of such claim, action, suit or proceeding and does not include any findings of fact or admissions of fault or culpability as to the Foundation, or (ii) cause the Foundation to be liable for any settlement of any such action effected without written consent of the Foundation (which consent shall not be unreasonably withheld), but if settled with the consent of the Foundation or if there be a final judgment for the plaintiff in any such action, you agree to indemnify and hold harmless the Foundation from and against any loss or liability by reason of such settlement or judgment.

Applicable Law; Arbitration; Severability. This Agreement shall be governed by, and construed in accordance with, the laws of the State of New York. Any dispute arising out of or relating to this Agreement, shall be finally resolved by arbitration in accordance with the International Institute for Conflict Prevention and Resolution (“CPR”) Rules for Administered Arbitration (the “Rules”) by a sole arbitrator. The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., and judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. The place of the arbitration shall be New York, NY. THE PARTIES HEREBY AGREE TO WAIVE ANY RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY CLAIM, COUNTERCLAIM OR ACTION ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.  Any term or provision of this Agreement which is invalid or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without rendering invalid or unenforceable the remaining terms and provisions of this Agreement or affecting the validity or enforceability of any of the terms or provisions of this Agreement in any other jurisdiction.

Amendments; Modifications; Waiver. The Foundation reserves the right to modify this Agreement from time to time. If the Foundation modifies this Agreement, the Foundation will provide you with notice by publishing the updated Agreement to the Platform and revising the date of last update. If you continue to use the Platform after such Agreement has been adopted, then you are agreeing to be bound by the terms of such Agreement. The Foundation encourages you to regularly review this Agreement for updates. If the Foundation does not enforce any provision of this Agreement, it does not mean the Foundation will not, and the Foundation is not waiving its right to, enforce it in the future.

Survival. In the event of the termination of this Agreement, I acknowledge that the terms and conditions of this Agreement as they relate to Release, Indemnification, Applicable Law and Arbitration shall survive.

Complaints. Any and all complaints or reports of violations of the above should be reported directly to erothkrug@jamesbeard.org. The Foundation vows to evaluate each complaint with the utmost sincerity. The Foundation reserves the right to suspend or terminate, in its sole discretion at any time without notice, any individual from the Platform or the Mentorship Program for any violation of this Agreement. 

Contact. If you have any questions or concerns regarding this Agreement, including with respect to the Foundation’s privacy practices, please contact the Foundation at erothkrug@jamesbeard.org.

I confirm that I have read, understand and agree to abide by the terms of this Agreement. I acknowledge that if I violate any of the terms of this Agreement, the Foundation reserves the right to terminate my participation in the Mentorship Program, immediately remove my profile from the Platform and permanently prohibit me from using the Platform and participating in the Mentorship Program in the future in any capacity.

APPENDIX

HARASSMENT

The Foundation prohibits conduct that constitutes or could lead or contribute to harassment based on race, color, sex (whether of a sexual nature or not), religion, national origin, age, sexual orientation, gender expression or identity, marital status, genetic predisposition or carrier status, military status, or any other characteristic protected by law.

Examples include, but are not limited to:

           Ethnic slurs

           The distribution of racially offensive communication digitally or otherwise

           Threatening, intimidating, or hostile acts directed at a particular group

           Harassment does not require an intent to offend. Thus, inappropriate conduct meant as a joke, a prank, or even a compliment can lead or contribute to harassment.

SEXUAL HARASSMENT

Sexual harassment is a specific type of discriminatory harassment.

The Foundation prohibits conduct that constitutes or could lead or contribute to sexual harassment.

Examples of such conduct include, but are not limited to:

           Unwelcome sexual flirtations, advances or propositions

           Inappropriate touching of an individual’s body

           Graphic verbal comments about an individual’s body or appearance

           Sexually degrading words used to describe an individual;

           The use of computers (including via the Internet) or the e-mail system to display or distribute sexually explicit images, message, or cartoons.