Privacy Policy

Effective Date: October 22, 2020

About Red Canary Magazine

We are an independent online magazine raising the voices of those building hope, equity and sustainability for the planet and her inhabitants. Red Canary Magazine is fiscally sponsored by Fiscal Sponsorship Allies, Inc., a 501(c)(3) nonprofit organization—EIN 85-0839183.

This privacy policy applies to: Red Canary Magazine nonprofit (“RCM,” “we,” “us,” “our”). RCM’s online properties, including our website at https://redcanarycollective.org/magazine/, our digital magazine, our newsletter and our social media pages or handles.
This policy also applies anywhere it is linked. We may change this Policy from time to time and if we do, we will notify you by posting the updated version.
This policy does not apply to third-party websites, mobile applications, or services that may link to the website or Services or be linked from the website or Services. Please review the privacy policies on those websites and applications directly to understand their privacy practices.

Information We Collect

We collect information from you directly, from the devices you use to interact with us, and from third parties. We may combine information from the Services together and with other information we obtain from our business records.

Information You Provide to Us

You may provide the following information to us directly:

Subscriber, Member, or Donor contact and professional information, including name, email address, telephone number, and job title, as well as company name and size.
Demographic information, such as age, ethnicity, or tribal affiliation.
Audiovisual information, including photographs and recordings of online events.
Donation information, including contact information, amount donated, and credit card information.
Content you may include in survey responses.
Information contained in your communications to us, including information submitted when you sign up for our newsletters or areas of interest within Red Canary Magazine.
Information you make available to us via a social media platform such as when you sign-up for our newsletter.
Any information or data you provide by interacting in our online forums and chatrooms, or by commenting on content posted on our Services. Please note that these comments are also visible to other users of our Services.
Information you submit to inquire about volunteering with us.
Any other information you may submit to us.
Sensitive personal information, such as information relating to your sexual orientation, political affiliations, or religious beliefs.

Information We Collect Automatically

We and partners working on our behalf may use log files, cookies, or other digital tracking technologies to collect the following information from the device you use to interact with our Services.

Device information, including IP address, device identifiers, and details about your web browser.
Analytical information, including details about your interaction with our website, app, and electronic newsletters.
Diagnostic information, including web traffic logs.
Business record information, including records of your donations.

Information We Collect From Other Sources

We may collect the following information about you from third-party sources, such as philanthropists, foundations, businesses and organizations.

Subscription registration information from partners requesting our assistance with marketing campaigns.
Contact information, demographic information, and information about your interests and purchases, from those requesting our Services.
If you decide to invite others to the Services, we will collect your and the other person’s names, email addresses, and/or phone numbers to send an email or text message and follow up with the other person. You agree that you will obtain the other person’s consent before giving us his or her contact information. You also agree that you will not send us the contact information of a minor. We will inform any other person you invite that you gave us his or her information in the invitation email.

How We Use Your Information

We may use any of the information we collect for the following purposes. Our lawful bases of processing for each of these uses may be consent, our legitimate interests, or to comply with applicable law.

Service Functionality: To provide you with our Services, including to process donations, assist with marketing and informational campaigns, send requested communications (such as newsletters), and conduct general business operations, such as accounting, record keeping, and audits.
Service Improvement: To improve and grow our Services, including to develop new Services and to understand how our Services are being used, our customer base, and the effectiveness of our informational campaigns.
Personalization: To connect you with stakeholders, offer you recommendations, and tailor the Services to your preferences.
Security: To protect and secure our services, assets, network, and business operations, and to detect, investigate, and prevent activities that may violate our policies or be fraudulent or illegal.
Legal Compliance: To comply with legal process, such as warrants, subpoenas, court orders, and lawful regulatory or law enforcement requests and to comply with applicable legal requirements.

How We Share Your Information

We may share any of the information we collect with the following recipients.

Service Providers: We engage vendors to perform specific business functions on our behalf, and they may receive information about you from us or collect it directly. Third-party service providers assist us in taking donations, evaluating our information security controls, maintaining our site, interpreting our site traffic, and contributing services and information to us and to users of our site.
Mission-Aligned Partners: We may share your information with philanthropists, corporate sponsors, foundations, businesses and other organizations.
Market Research Firms or Independent Researchers: We may share your information to conduct primary and secondary research to create insight for the movement or initiative.
Social Media Platforms: To provide clients with results-oriented digital and social media marketing services. If you interact with us on social media platforms, the platform may be able to collect information about you and your interaction with us. If you interact with social media objects on our Services (for example, by clicking on a Facebook “like” button), both the platform and your connections on the platform may be able to view that activity. To control this sharing of information, please review the privacy policy of the relevant social media platform.
Government Entities/Law Enforcement: We may share information when we believe in good faith that we are lawfully authorized or required to do so to respond to lawful subpoenas, warrants, court orders, or other regulatory or law enforcement requests, or where necessary to protect our property or rights or the safety of our employees, our customers, or other individuals.

Security

Service providers working on our behalf use a combination of physical, technical, and administrative safeguards to protect the information we collect through the Services. While precautions are taken to safeguard your information, we cannot guarantee the security of the networks, systems, servers, devices, and databases we operate or that are operated on our behalf.

Your Options and Rights Regarding Your Information

Your Account: Please visit your ribbon.giving account to update your account donation information/profile.
Email Unsubscribe: If you do not wish to receive newsletters or other communications from us, please contact us to opt-out. Please note that any promotional email messages you receive from us will include an option to opt-out of future email communications.
Do Not Track: Your browser or device may include “Do Not Track” functionality. The information collection and disclosure practices and the choices that we provide to you will continue to operate as described in this privacy policy, whether a Do Not Track signal is received.
Jurisdiction-specific rights: You may have certain rights with respect to your personal information depending on your location or residency. Please see “privacy disclosures for specific jurisdictions” below. Please contact us to exercise your rights.

Special Information for Volunteers

When you apply to volunteer with us, we may collect information from you, including: Information you provide in connection with your application. Information that you make available in your social media accounts. Information about you that is available publicly. Information that you authorize us to collect via third parties, including former employers or references.
In certain circumstances, you may submit your application for employment through a third-party service that displays our posting. We do not control the privacy practices of these third-party services. Please review their privacy policies carefully prior to submitting your application materials.

Other Important Information

Data Retention: We may store information about you for as long as we have a legitimate business need for it.
Cross-border Data Transfer: We may collect, process, and store your information in the United States and other countries. The laws in the United States regarding information may be different from the laws of your country. Any such transfers will comply with safeguards as required by relevant law.
Information About Children: The website and Services are intended for users age thirteen and older. We do not knowingly collect information from children. If we discover that we have inadvertently collected information from anyone younger than the age of 13, we will delete that information. Please contact us with any concerns.
Sharing of Medical or Health Information: To the extent that we receive protected health information about you, that information is subject to electronic disclosure to the extent permitted by applicable law.

Privacy Disclosures for Specific Jurisdictions

European Economic Area, United Kingdom, and Switzerland: We process “personal data,” as that term is defined in the European Union’s General Data Protection Regulation (“GDPR”). Your rights under the GDPR: Users who are located in the European Economic Area (“EEA”), U.K., or Switzerland have the right to lodge a complaint about our data collection and processing actions with the supervisory authority concerned. Contact details for data protection authorities are available here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
If you are located in the EEA, U.K., or Switzerland, you have the following rights.
Access and Portability: Request access to personal data we hold about you or request transmission of your data to a third party.
Correction: Request that we rectify inaccurate or incomplete personal data we store about you.
Erasure: Request that we erase personal data when such data is no longer necessary for the purpose for which it was collected, when you withdraw consent and no other legal basis for processing exists, or when you believe that your fundamental rights to data privacy and protection outweigh our legitimate interest in continuing the processing.
Restriction of processing: Request that we restrict our processing of personal data if there is a dispute about the accuracy of the data; if the processing is unlawful; if the processing is no longer necessary for the purposes for which it was collected but is needed by you for the establishment, exercise or defense of legal claims; or if your request to object to processing is pending evaluation.
Objection to processing: Object to processing of your personal data based on our legitimate interests or for direct marketing (including profiling). We will no longer process the data unless there are compelling legitimate grounds for our processing that override your interests, rights, and freedoms, or for the purpose of asserting, exercising, or defending legal claims.
Transfers: Obtain information about and a copy of the safeguards we use to transfer personal data across borders.
California: Your California Privacy Rights; “Shine the Light” Law: California residents are entitled once a year, free of charge, to request and obtain certain information regarding our disclosure, if any, of certain categories of personal information to third parties for their own direct marketing purposes in the preceding calendar year. We do not share your personal information with third parties for those third parties’ direct marketing purposes.
Please contact us to exercise these rights.

Making a Request to Exercise Your Rights

You may request to exercise your rights by making a request using the contact information above. If you are a California resident, you may authorize another individual or a business registered with the California Secretary of State, called an authorized agent, to make requests on your behalf.

We may have a reason under the law why we do not have to comply with your request, or why we may comply with it in a more limited way than you anticipated. If we do, we will explain that to you in our response.
Verification: We must verify your identity before responding to your request. We verify your identity by asking you to provide personal identifiers that we can match against information we may have collected from you previously. We may need to follow up with you to request more information to verify identity. We will not use personal information we collect in connection with verifying or responding to your request for any purpose other than responding to your request.

Contact

Please contact us if you have questions or wish to take any action with respect to information to which this privacy policy applies.

Email: tracy@redcanarycollective.org
Telephone: (612) 770-2736
Mail: 75 Camino Cabo, Santa Fe, NM 87508

Conflict of Interest Policy

Effective Date: December 27, 2023

The Board of Directors (“Board”) of Red Canary Magazine, Inc. (“Organization”) recognizes the need for a conflict of interest policy to govern its actions and decisions concerning conflict of interest issues. The Board adopts and establishes the following Conflict of Interest Policy (“Policy”):

Purpose and Construction

The Organization is a public charity whose board members, officers and managers are chosen to serve the public purpose to which the Organization is dedicated. These persons have a duty to conduct the affairs of the Organization in a manner consistent with such purposes and not to advance their personal interests. This Policy is intended to permit the Organization and its board, officers and managers to identify, evaluate, and address any real, potential, or apparent Conflicts of Interest that might, in fact or appearance, call into question their duty of undivided loyalty to the Organization.
This Policy applies to transactions and arrangements that relate to people currently involved with the Organization as well as people who had a close relationship with the Organization in the past. All directors, officers, and employees of the Organization must read, understand, and agree to abide by this Policy.
This Policy is intended to be consistent with the state or federal laws governing conflicts of interest and prohibited transactions applicable to charities. If a provision in the Policy is inconsistent with applicable law, the law will take precedence.

Definitions

Several terms are capitalized throughout this Policy. When capitalized, those terms shall have the following meanings:

Conflict of Interest

A “Conflict of Interest” arises when, in the judgment of the Board, any of the following apply:

The stake of an Interested Person in a transaction or arrangement will reduce the likelihood that the Interested Person can exercise his or her influence impartially and in the best interests of the Organization;
The outside interests or activities of an Interested Person interfere or compete with the Organization’s interests;
An Interested Person has divided loyalties; or
An Excess Benefit Transaction would occur.

Covered Interest

A “Covered Interest” is any interest a person has with the Organization or with another entity that the Organization has or is considering a transaction or arrangement. The interest may be held directly or indirectly through business, investment, or family connections. These interests include:

An ownership or investment interest;
A potential ownership or investment interest;
A compensation arrangement; or
Any other legal commitment or financial incentive to act for the benefit of another entity or individual (including board appointments, employment positions, or volunteer arrangements).

For the purposes of this definition, compensation includes direct and indirect remuneration as well as gifts or favors that are not insubstantial.

Disqualified Person

A “Disqualified Person” is any person who exercised substantial influence over the affairs of the Organization at any time during a five-year look back period. This includes, but is not limited to, current and former directors, officers, and Related Parties.

Excess Benefit Transaction

An “Excess Benefit Transaction” is a transaction in which the Organization, directly or indirectly, provides an economic benefit to or for the use of a Disqualified Person and the value of the benefit exceeds the value of the consideration (including the performance of services) received by the Organization.

Interested Person

An “Interested Person” is any director, officer, or employee of the Organization who has a Covered Interest.

Related Party

A “Related Party” is:

Any “relative” of an Interested Person, which for purposes of this definition includes the spouse, ancestors, children, grandchildren, great grand-children, siblings (whether by whole or half-blood), and the spouses of ancestors, children, grandchildren, great grandchildren, and siblings;
Any entity in which an Interested Person or relative of an Interested Person serves as a director, trustee, officer, or employee;
Any entity in which an Interested Person or relative of an Interested Person has a thirty-five percent (35%) or greater ownership or beneficial interest; and
Any partnership or professional corporation in which any Interested Person or relative of an Interested Person has a direct or indirect ownership interest in excess of five percent (5%).
Any other entity in which an Interested Person or relative of an Interested Person has a material financial interest.

Conflicts of Interests and Excess Benefit Transactions

Duty to Disclose a Conflict of Interest

If an Interested Person has a Covered Interest in connection with a transaction or arrangement that the Organization is considering, the Interested Person must disclose to the Board the existence of the Covered Interest and possible Conflict of Interest as soon as it becomes known. [if have a Whistleblower Policy – reporting may be to a supervisor, as further described in the Organization’s Whistleblower Policy,]

Determining Whether a Conflict of Interest Exists

After the Interested Person discloses the possible Conflict of Interest, the Board shall apply the following procedures to determine whether a Conflict of Interest actually exists:

The Board shall give the Interested Person an opportunity to disclose all material facts to the Board;
The Interested Person may not participate in the Board’s discussion or decision and must recuse him or herself from the meeting during the discussion or decision;
The Board shall take into account the information the Interested Person provided along with any reports or recommendations from any applicable committee of the Board;
The Board shall determine by majority vote whether a Conflict of Interest exists;
If the Board determines that a Conflict of Interest does not exist, no further review shall be necessary beyond that required in the ordinary course of business;
If the Board determines that a Conflict of Interest does exist, the Board shall address the Conflict of Interest as provided in Section 3 below; and
A record of the Board’s discussion and determination shall be made as outlined in Records of Proceedings Article.

Addressing a Conflict of Interest in a Proposed Transaction or Arrangement

If the Board determines that a Conflict of Interest exists, the Board shall address the proposed transaction or arrangement giving rise to the Conflict of Interest using the following procedures:

The Interested Person may make a presentation to the Board and be available to answer questions and provide additional information, but the Interested Person may not otherwise attempt to intervene with or influence the Board’s discussion or decision on the transaction or arrangement;
The Interested Person must excuse himself or herself during the discussion and decision process;
The Board shall exercise due diligence in determining if the value of the proposed transaction or arrangement may be more or less advantageous when compared to the value of transactions or arrangements that would not give rise to the Conflict of Interest;
As part of its investigation, the Board shall, if appropriate, appoint a disinterested person or committee to investigate market information and alternatives to the proposed transaction or arrangement, including obtaining comparability;
If a more advantageous transaction or arrangement is not reasonably possible, then the Board shall decide, by majority vote, whether to approve the transaction or arrangement giving rise to the Conflict of Interest on the grounds that it is (1) in the best interests of, (2) is for the benefit of, and (3) fair and reasonable to the Organization; and
A record of the discussion and the Board’s determination shall be made as outlined in the Records of Proceedings Article.

Violation Of The Duty To Disclose

The outside interests or activities of an Interested Person interfere or compete with the Organization’s interests;If the Board has reasonable cause to believe an Interested Person has failed to disclose an actual or possible Conflict of Interest, the Board shall inform the Interested Person of the basis for the belief and afford the Interested Person an opportunity to explain the situation.
If the Board, after hearing the Interested Person’s response and making further investigation as warranted by the circumstances, determines the Interested Person has failed to disclose an actual or possible Conflict of Interest, the Board shall take appropriate disciplinary and corrective action.
Each director, officer, and employee is responsible for reporting to the Board any suspected failure to disclose by any Interested Person, regardless of position. [reference the Organization’s whistleblower policy if one exists].
Conduct that violates this Policy is always considered outside the scope of employment of any Employee acting on behalf of the Organization.

Excess Benefit Transaction

The Organization may not engage in any transaction or arrangement that results in an Excess Benefit Transaction. Under Internal Revenue Code section 4958, the IRS can levy taxes, referred to as intermediate sanctions, on both the Disqualified Person who participated in the Excess Benefit Transaction and any manager of the Organization who knowingly approved the transaction.
If an Excess Benefit Transaction has occurred, the Organization shall correct the violation following the rules of Code section 4958.

Confidentiality

The Organization shall maintain the confidentiality of any disclosures made in connection with this Policy and limit access to the information.
Each director, officer, and employee shall exercise care not to use, publish, or disclose confidential information acquired in connection with disclosures of actual, potential, or perceived Conflicts of Interest during or subsequent to his or her employment, time in office, or participation on the Board.

Records Of Proceedings

All discussion and decision-making under this Policy shall be recorded in the minutes of the Board and shall contain the following:

Conflict of Interest Discussion and Determination. The names of the person(s) who disclosed or otherwise was found to have a possible or actual Conflict of Interest, the nature of the Conflict of Interest, any action taken to determine whether a Conflict of Interest was present, whether the Interested Person was present during the determination, any committee recommendations to the Board, and the Board’s decision as to whether a Conflict of Interest in fact exists.
Transaction or Arrangement Discussion and Decision. The names of the person(s) who were present for discussions and votes by the Board relating to a proposed transaction or arrangement giving rise to a Conflict of Interest or to an Excess Benefit Transaction, the content of the discussion (including any alternatives to the proposed transaction or arrangement), and a record of any votes taken in connection with the proceedings.
Comparability Data. All comparability data used to evaluate a transaction or arrangement.
The minutes shall be approved as reasonable, accurate, and complete either before the next meeting of the Board or within sixty (60) days after the final actions of the Board are taken, whichever is later.

Compensation

This Policy does not prohibit the Organization from providing reasonable compensation for services rendered to the Organization. For this purpose, “compensation” represents all direct and indirect forms of economic benefit, including, but not limited to, salaries, wages, bonuses, commissions, royalties, fringe benefits, deferred compensation, expense allowances, insurance coverages, and fees. When providing compensation to a director, officer, or employee, the Organization shall comply with the following procedures:

All compensation, whether directly or indirectly provided, must be reasonable as determined by taking into account factors that include the levels of compensation paid by similar organizations within the community (tax-exempt and taxable) for functionally comparable services, the value of the services being rendered and pertinent experience of the individual providing the services. In general, compensation is reasonable if it is an amount that would be ordinarily paid for like services by like enterprises under like circumstances.
Any director, officer, or employee who receives compensation, directly or indirectly, from the Organization is precluded from voting on matters pertaining to that compensation. The director, officer, or employee may, however, provide compensation data and information to the Board or any committee of the Board.
Payments under a compensation arrangement are presumed to be reasonable if the following apply: (1) the terms of the arrangement are approved in advance by the Board and no person with a possible Conflict of Interest participates in the Board’s decision, (2) the Board relies upon appropriate comparability data in making its decision, and (3) a record of the Board’s discussion and decision is created in accordance with Records of Proceedings Article.
Payments under a compensation arrangement that is not reasonable will be subject to the Excess Benefit Transaction provisions herein.

Other Transfers Of Property

In addition to providing compensation, the Organization may engage in other transfers of assets with an Interested Person, Related Party, or a Disqualified Person if the transfer is addressed under the Conflict of Interest procedures above and the Board determines that the transfer is reasonable and at a fair market value. Transfers are presumed to be reasonable if (1) the terms of the arrangement are approved in advance by the Board and no person with a possible Conflict of Interest participates in the Board’s decision, (2) the Board relies upon appropriate comparability data in making its decision, and (3) a record of the Board’s discussion and decision is created in accordance with Records of Proceedings Article. A transfer of property that is not reasonable will be subject to the Excess Benefit Transaction provisions herein.

Periodic Reviews

The Organization shall conduct periodic reviews to ensure that it is operating in a manner consistent with its charitable purposes and does not jeopardize its reputation or tax-exempt status. These periodic reviews shall include the review of:

Any compensation arrangements and benefits to determine that they are reasonable, based on competent survey information, and the result of arm’s length bargaining; and
Any partnerships, joint ventures, or arrangements with any management organizations to ensure that they conform with the Organization’s written policies (if any), are properly recorded, reflect reasonable investment or payments for goods and services, further the Organization’s charitable purposes, and do not result in inurement, impermissible private benefit, or an Excess Benefit Transaction.

Use Of Outside Experts

When conducting a Conflict of Interest review and determination, the Organization may engage outside experts. The use of outside experts does not relieve the Board of its fiduciary duties or responsibilities when considering a possible transaction or arrangement with an Interested Person or Related Party, or for ensuring periodic Conflict of Interest reviews are conducted.

Amendment Of Policy

The Organization, by action of the Board, may amend, modify, or delete the provisions of this Policy at any time without notice.

Annual Affirmation

All directors, officers, and employees of the Organization shall annually affirm that such person:

Has received a copy of this Policy;
Has read and understands this Policy;
Has agreed to comply with this Policy;
Has no Conflict of Interest to report or is reporting current and any previously unreported Conflicts of Interest; and
Understands the Organization is charitable and in order to maintain its federal tax exemption it must engage primarily in activities which accomplish one or more of its tax-exempt purposes.