As used in the Terms of Use and Certification Declaration, and in addition to any other terms defined therein, the following terms will have the following meanings:

“Applicable Privacy Laws” means any and all applicable laws and policies relating to privacy and the collection, use and disclosure of Personal Information in all applicable jurisdictions. For greater certainty, Applicable Privacy Laws may mean something different to each of the parties hereto, as each party may be subject to different jurisdictional legal requirements in relation to privacy.

“Benevity Content” means any and all written, electronic, or other tangible or intangible materials, items and Content provided by Benevity, whether on its own behalf or on behalf of a Foundation, Participating Business or Donor, which may be created and provided by or accessible through the Benevity Platform, and includes without limitation, the Spark Solution and the Eligible Charity Database.

“Benevity Platform” means any proprietary software product, hosted ASP service, application programming interface or other service provided by Benevity for the benefit and use by Participating Businesses and Foundations, including without limitation, the Spark Solution and the Benevity Content.

“Certification Declaration” means the optional annual declaratory agreement that Eligible Charities may access and submit to Benevity through the Causes Portal to augment their Charity Profile and assist with potential eligibility for Giving Programs.

“Confidential Information” means, with respect to any party, means all information related to any aspect of such party that is either non-public, confidential, secret or proprietary material or information of such party, whether in verbal, graphic, electronic, written or other form, and which is disclosed to or obtained by the other party in connection with this Agreement.

“Content” means text, images, logos, listings, slides, graphics, drawings, artwork, audio, video, or information contained in any database, template, message, audio, or any other form of audio or visual effect in any media now or hereinafter developed.

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“Country Authority” means the revenue agency or other regulatory agency that governs the creation, operation and regulation of charitable or not-for-profit organizations in your specified country and jurisdiction.

“Discriminate” The differential treatment of a person or group of people on the basis of a personal characteristic or attribute, including but not limited to, age, disability, ethnicity, gender, sexual orientation, gender identity characteristics or expression, marital status, national origin, political affiliation, veteran status, race, color, religion, religious observations, beliefs, practices, pregnancy or medical condition. Discrimination is usually (but not always) prohibited by law as anti-discrimination laws differ from jurisdiction to jurisdiction. If Your Organization has a hiring or employment policy, code of conduct or another operational component that excludes or treats a person or people differently on the basis of a personal characteristic or attribute such as sexual orientation or gender identity, Your Organization should answer “YES” to this Question whether or not it is prohibited by applicable law. A follow up question will then be asked.

For clarity, Discrimination does not include programs, practices or policies that require the differential treatment of a person or group in order for the organization to carry out its social mission (sometimes known as a bona fide operational or occupational requirement). For example, an organization that provides assistance to people with mental or physical disabilities that does not offer the same services to those people who do not have mental or physical disabilities would not be engaging in Discrimination. Similarly, a women’s shelter that excludes men from employment in certain positions in order to provide effective services to female victims of domestic violence would not be engaging in Discrimination.

"Donation Funds" refer to funds or other resources that are distributed to Eligible Charities in accordance with Donor Advice by a Foundation or Benevity on behalf of a Foundation.

“Donor” and “Donor Advice” have the respective meanings ascribed in the “How It Works” section at the beginning of the Terms of Use.

“Eligible Charity” and “Eligible Charity Database” have the respective meanings described in the “How It Works” section of the Terms of Use.

“Foundation” means, as applicable, one of the registered charities listed on the Causes Portal that have agreed with Benevity to provide donor advised fund or community fund administration services in their corresponding specified country, and which will utilize the Benevity Platform to regrant or distribute Donation Funds to Eligible Charities.

“Funds Transfer Document” means the form accessible on the Causes Portal to be completed by Eligible Charities containing the banking information to enable Benevity or the Foundations to transfer Donation Funds to such Eligible Charity electronically or using automation technology.

“Giving Program” means any program established by Benevity or a Participating Business to facilitate the donation of time, money, talent or other resources to Eligible Charities via the Benevity Platform, and includes without limitation, volunteering and Matching Programs.

“Intellectual Property Rights” means, collectively, patents, trade secrets, copyrights, trademarks, moral rights, databases, inventions, or improvements in any of the foregoing, and all other intellectual property rights and proprietary rights, whether arising under the laws of Canada, the United States or any other state, country or jurisdiction, including all rights or causes of action for infringement or misappropriation of any of the foregoing, in each case now existing or hereafter developed during the term of this Agreement. For greater certainly, Intellectual Property Rights shall include trade-marks, trade names, domain names, web-links, brands, business names, designs, graphics, logos and other commercial symbols and indicia of origin, together with any associated goodwill.

“Management Fee” has the meaning ascribed in Section 5.1 of the Terms of Use.

“Matching Program” means a Giving Program whereby a Participating Business, or other participant in the Benevity Platform allocates or “matches” Donation Funds to Eligible Charity accounts within the Benevity Platform based on Donor Advice provided by users, on terms, in amounts and on such other conditions as may be established for such Giving Program.

“Participating Business” means a corporation or other entity that utilizes the Benevity Platform in accordance with a license or master services agreement entered into with Benevity.

“Personal Information” means information about an identifiable individual (e.g., name and address) as more particularly described in the Applicable Privacy Laws.

“Services” has the meaning described in Section 1.3 of the Terms of Use.

“Spark Solution” means the Software-as-a-Service product for employee giving and volunteering called Spark!, which also utilizes the Benevity Platform.