INVISIBLE HATE TERMS OF USE

Last Updated: August 24, 2020

Welcome to www.invisible.org, a website (the “Site”) provided by the Atlanta Brand of the National Association for the Advancement of Colored People (“NAACP Atlanta” or “we”). With your use of the Site, you agree to these Terms of Use (“Terms of Use”).  You should carefully read the Terms of Use before using any part of the Site.  If you do not agree to be bound by the Terms of Use, do not use the Site. 

It is important that visitors to the Site are aware of their respective legal rights and obligations when using the Site.  PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE, BECAUSE THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, E.G., LIMITING OUR LIABILITY.

We reserve the right to update and makes changes to these Terms of Use at any time by updating this posting or providing notice to you as otherwise permitted under applicable law.  By using the Site, you agree to be bound by any such changes and should periodically visit this page to determine the then-current Terms of Use to which you are bound.

Who Can Use the Site. The Site is available to people residing in the United States who can form legally binding agreements under applicable law.  The Site is not intended for use by children.  Children accessing the Site should get permission and assistance of a parent or guardian to use the Site

Your Access to the Site.  We grant you a limited license to access and make informational, personal non-commercial use of the Site and Content (as defined below).  You may download material from the Site for non–commercial, personal use provided you retain all copyright, trademark and other proprietary notices contained in the material, do not modify or alter the material, and do not copy or post the material on any network computer or broadcast the material in any media (other than as expressly permitted on the Site). It is strictly prohibited to modify, transmit, distribute, reuse, repost, “frame” or use the Content for public or commercial purposes (other than as permitted on the Site) without written permission from an authorized representative of NAACP Atlanta.

Site Use Restrictions.  The Site may not be used for any unlawful, fraudulent, harassing, objectionable or other non-legitimate purpose. You will not (i) post on or transmit to the Site any defamatory, libelous, obscene, pornographic, profane, threatening, or unlawful materials or any materials that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, whether under statute, common law or equitable principles, or otherwise violate any law. Further, NAACP Atlanta is not liable for the usage of, implementation of, impact from, or communication of the ideas presented on or through the Site.

Ownership of Content.  Content included on the Site, including information, data, software, images photographs, videos, and other material (collectively “Content”), is protected by copyright, trademark, patent or other proprietary rights.  NAACP Atlanta (and its licensors) owns and retains rights, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of such Content. Except as expressly authorized or licensed, you may not copy, modify, delete, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part. The software, applications, algorithms and technology used to provide the Site and functionality remain the exclusive property of NAACP Atlanta and its licensors.

Privacy. Any personal information you provide on the Site will be used by NAACP Atlanta in accordance with the Site’s Privacy Notice

Feedback. NAACP Atlanta does not intend to accept ideas, concepts or techniques for new services or products through the Site.  Notwithstanding the foregoing, you acknowledge that any communication or material you transmit to the Site, such as questions, comments, ideas, feedback, materials, suggestions or the like (collectively “Feedback”), will be treated as non-confidential and nonproprietary and may be used by NAACP Atlanta or any purpose without notice to you and without any further consent by you.  We will be under no obligation whatsoever to use, respond to, or pay any compensation with respect to any Feedback.  The act of providing any Feedback constitutes an assignment to NAACP Atlanta of all worldwide right, title and interest, including copyright and other intellectual property rights, in the Feedback.  By providing a Feedback, you represent and warrant that you own or otherwise control all of the rights to that Feedback including, without limitation, all the rights necessary for you to provide that Feedback and for NAACP Atlanta to use, copy, reproduce, modify, create derivative works from, transfer, distribute, perform, publish, license or sell that Feedback.

Links to Third Party Websites.  The Site may contain hypertext links to sites owned or operated by, parties other than NAACP Atlanta (“Linked Sites”).  Linked Sites are provided for your convenience only.  NAACP Atlanta makes no representations whatsoever about any other website which you may access through the Site.  When you leave the Site, please understand that NAACP Atlanta has no control over the content on that Linked Site.  In addition, a link to a non-NAACP Atlanta website does not imply and does not constitute sponsorship, endorsement, approval or responsibility for the content, or the use of such Linked Site.  NAACP Atlanta makes no representation or warranty as to any third–party products or services.  No rights to use or copy the information on this or the third–party site are granted or implied. You are responsible for reviewing any terms of use that apply to Linked Sites.

Linking to the Site.  Linking to any page of the Site other than to the home page through a plain text link is strictly prohibited in the absence of the written consent of NAACP Atlanta.  Any website or other device that links to the Site home page is prohibited from (a) replicating Content, (b) framing or using border around the Content, (c) implying in any fashion that NAACP Atlanta is associated with that website or is endorsing that website or its products, (d) misrepresenting any state of facts, including its relationship with the Site, and (f) using any logo or trademark of NAACP Atlanta without express written permission from NAACP Atlanta.

Disclaimer of Warranties.  THE SITE AND ALL CONTENT IS SUBJECT TO CHANGE AND IS PROVIDED TO YOU ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND NAACP ATLANTA AND its affiliates, subsidiaries, designees AND each of their respective officers, directors, employees, agents, contractors, sponsors, licensors AND the like (collectively, “NAACP ATLANTA Parties”) TO THE FULLEST EXTENT PERMITTED BY LAW, EXPRESSLY DISCLAIM ALL SUCH WARRANTIES. Without limiting the foregoing, we neither warrant nor represent that (i) your use of any Content will not infringe the rights of any third parties; (ii) your use of the Site or any Contents will meet your requirements; (iii) the Content will be accurate, reliable, complete or up-to-date; (iv) Content provided on the Site is applicable to, or appropriate for use in, locations outside of the United States; (v) your access to the Site will be uninterrupted or error free; or (vi) the Site is free from spyware, malware, adware, viruses, worms or other malicious code.  We assume no responsibility or liability arising from any material or information that may be provided by any third party.  Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

Limitation of Liability.  YOUR USE OF THE SITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE NAACP ATLANTA PARTIES BE: (A) RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SITE, DOWNLOAD OF ANY CONTENT OR ACCESS TO ANY LINKED SITE; (B) LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY OF USE OF THE SITE OR CONTENT. THESE LIMITATIONS APPLY WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ANY OF THE NAACP ATLANTA PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORSEEN ANY SUCH DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. 

IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THEN THE LIMITATIONS WILL APPLY TO YOU TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification by You. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST THE NAACP ATLANTA PARTIES ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SITE. You agree to indemnify, defend and hold harmless the NAACP Atlanta Parties from and against any and all claims, damages and costs, including reasonable attorneys’ fees and related expenses, arising from or related to: (1) any unauthorized use or access by you of the Site or Content, (2) any breach by you of these Terms of Use, or (3) your violation of any third-party right, including without limitation any copyright, property, or privacy right.

Export Control.  Software and other materials from the Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Site may be downloaded or exported (i) into any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. We do not authorize the downloading or exportation of any software or technical data from the Site to any jurisdiction prohibited by the United States Export Laws.

Termination/Access Restriction.  We reserve the right, in our sole discretion, to terminate or refuse your access to any or all of the Site and the related services or disable your account at any time, without notice and for any reason.  We also reserve the right to modify, terminate or withdraw the Site or any Content on the Site at any time without notice.

Governing Law; Jurisdiction.  These Terms of Use will be governed by, and construed in accordance with, the laws of the State of Georgia, without regard to principles of conflict of laws. You agree to submit to the personal jurisdiction of the courts located in Fulton County, Georgia, and consent to such courts being a proper venue, and waive any objection to its not being a proper venue.

How to Contact Us.  This Site is controlled and operated by NAACP, Atlanta Branch located at 1147 Calhoun Avenue, Atlanta, Georgia 30344.  Please forward any comments or complaints about the Site to [email protected] 

General.  If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the remainder shall continue in effect. These Terms of Use represent the entire agreement between you and NAACP Atlanta with respect to access and use of the Site and supersede any prior statements or representations.

Invisible Hate Privacy Policy

Effective Date: August 24, 2020

The Atlanta Brand of the National Association for the Advancement of Colored People (“NAACP Atlanta” or “us” or “we”) values the protection of individual privacy. This document sets forth NAACP Atlanta’s online privacy policy (“Privacy Policy”) for the website www.invisible.org (the “Site”). By using any portion of the Site, you the user (“you”) expressly consent to our collection, use, disclosure and retention of your personal information in accordance with this Privacy Policy. This Privacy Policy does not govern our privacy practices associated with our other websites or our offline activities.

Thank you for visiting the Site. We are committed to the privacy of our visitors.

1.             Information We Collect

(a)           Location Information:  We may collect geo-location information to provide certain location-based services that you request. For example, you may choose to provide us with your location information so that we can identify and present the nearest monuments to you that commemorate the Confederacy. If you access the Site through your mobile device, location information may be used to determine if you are close enough to such a monument to enable the Site’s camera feature. This feature allows you to take a picture of the monument with your device and share the photo (and the segregationist history behind the monument) with other people, including through your social media accounts.

(b)           Information to Respond to Your RequestsWhen you send us your questions you may provide additional personal information about yourself to enable us to provide an individualized response to your request.

(c)           Mobile Device Information: We may collect additional information from you if you access the Site through a mobile device (e.g., your unique device identifier, device’s operating system, IP address, mobile browser, and mobile carrier) and data you allow us to receive when you turn on the device’s applicable permission settings (such as permitting us to access your camera and location).

(d)           Your Usage InformationWhen you visit any portion of the Site, we collect usage information sent to us by your computer, mobile, or other access device that tells us how you are using the Site and what third party sites you visit from the Site (“Usage Information”).  This may include information on how you use the Site, such as content you view or engage with, features you use, and actions you take. We may use tracking technologies (e.g., cookies, web beacons, clear gifs, embedded scripts, e-tags, unique device ID) to collect Usage Information.

We may also collect computer and/or connection information.  During some visits we may use software tools to measure and collect session information, including page response times, download errors, time spent on certain pages and page interaction information.

Our goal is to collect and use only that information that we think is required for our legitimate business interests, in order to operate the Site and to better understand your interests and improve your experience of using the Site. 

2.             Uses and Retention

(a)           Operate the Site:  We may use the information collected to (i) provide services and the features of the Site; (ii) develop,  maintain, improve, support and customize the Site and our services and offerings; (iii) conduct research and analysis; (iv) respond to customer service requests; and (v) audit and protect the security of the Site.

(b)           Data Analysis and Research:  We may use aggregate information about our users, including aggregate Usage Information, and non-personal information to analyze the Site and user behavior and prepare aggregated reports to better understand operation of the Site and for related business purposes.  We may further use this aggregated information and non-personal information for research purposes, including with third parties, and may publish the results of the research and data analysis; provided that this information will be in an aggregated and anonymized form so as not to identify a particular user. 

(c)           Prevent Fraud:  We may use information from the Site to prevent, detect, and investigate fraud, security breaches, and potentially prohibited or illegal activities, and enforce our Terms of Use.

(d)           Communicate With You:  We may use your information to respond to your inquiries and comments, provide other services requested by you, or contact you for other purposes authorized by law.

(e)           Retention of Information:We retain information as long as it is necessary and relevant for our operations in accordance with applicable law.

3.             Disclosure

Information collected on the Site may be shared with:

(a)           The NAACP Corporate FamilyWe will share the information we collect about you with the NAACP corporate family and their and our affiliates and subsidiaries.  The information may be disclosed (i) to provide joint content and our services; (ii) to help detect and prevent potentially illegal acts, violations of our policies, fraud and/or data security breaches; (iii) to guide decisions about our or third party’s operations, rights, products, services, sites, applications, tools, and communications; and (iv) for processing and storage of information.

(b)           Service Providers:  We may disclose your information to service providers who help with our operations (such as, but not limited to, developing, designing, maintaining, improving and supporting our services, the Site, fraud investigations, marketing, and site analytics and operations).

(c)           Other Persons with Your Consent: We do not sell or rent your personal information to third parties for their marketing purposes without your consent. We may provide your personal information to other third parties to whom you explicitly direct us to share your information.

(d)           Companies In The Mobile Industry:  If you access the Site through a mobile device or app, we may also share your information with carriers, operating systems and platforms.

(e)           Ad Networks:  We may work with third parties to serve advertisements, provide us with data collection, reporting, ad response measurement and site analytics and assist with delivery of relevant marketing messages and advertisements. These third parties may view, edit or set their own tracking technologies/cookies. The use of these technologies by these third parties is subject to their own privacy policies and is not covered by this Privacy Policy.  They might also obtain information about other applications that you have downloaded to your mobile device, the mobile websites you visit and other information about you or your device in order to analyze and serve anonymous targeted advertising.  For more information about third party ad servers at our Site and your ability to opt-out of targeted advertising from such third parties, please visit Ad Choices.

(f)            Social Media Networks:  We may disclose information to companies that connect individuals around common interests and facilitate sharing (i.e., Facebook, Instagram and Twitter).

(g)           Legal and Law Enforcement:   We may disclose your information to law enforcement, governmental agencies, or authorized third parties, in response to a verified request relating to a criminal investigation or alleged illegal activity or any other activity that may expose us, you, or any other Site user to legal liability.  In such events, we will only disclose information we deem relevant and/or necessary to the investigation, inquiry or fraud complaint.

(h)           Change of Control – New Owners: We may disclose your information to other entities, should we plan to merge with or be acquired by that entity.

4.             Information You Share on Social Media Platforms

For any sharing you may do on social media sites, you can control what data you share through privacy settings available on some social media sites.  Please refer to those third party sites’ privacy policies and terms of use to learn more about their privacy practices, which we do not control.

5.             Tracking Technologies (Cookies)

When you visit the Site, we and our partners may use tracking technologies to enhance your online experience or customize our offerings on the Site.

A few additional important things you should know about our use of tracking technologies (cookies):

  • Certain features of the Site may be available only through the use of tracking technologies.

  • We may use both session and persistent tracking technologies.  Tracking technologies (e.g., cookies) can either be persistent (i.e., they remain on your computer until you delete them) or temporary (i.e., they last only until you close your browser).  You are always free to decline tracking technologies if your browser permits, although doing so may interfere with your use of the Site. Refer to the help section of your browser, browser extensions, or installed applications for instructions on blocking, deleting, or disabling tracking technologies such as cookies.

  • You may encounter tracking technologies/cookies from our third party service providers, that we have allowed on certain portions of the Site that assist us with various aspects of our Site operations and services, such as Google Analytics.

  • You also may encounter tracking technologies from third parties on certain pages of the websites that we do not control and have not authorized.

  • Other parties may collect personally identifiable information about your online activities over time and across different websites when you use the Site.

6.             Notice to California Residents (Do Not Track)

California Business & Professions Code Section 22575(b) provides that California residents are entitled to know how NAACP Atlanta responds to “Do Not Track” browser settings.  NAACP Atlanta does not currently take actions to respond to Do Not Track signals.

7.             Third Parties

The Site may contain links to other third party websites, including social media platforms and the sites of our partners.  We are not responsible for the privacy practices or the content of these third party sites.  

8.             Security

We maintain security measures to protect your personal information from loss, misuse, unauthorized access and disclosure.  While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.  No method of data transmission over the Internet, or method of electronic storage, is 100% secure. 

9.             Children's Privacy

The Site is a general audience site and it is not intended for children under the age of 13.  We do not knowingly collect personal information via the Site from users in this age group. If you believe your child has provided personal information to us without your consent, please contact us via the email listed below.

10.          Notification Regarding Updates

From time to time, we may update this Privacy Policy.  You agree that we may notify you about material changes in the way we treat personal information by placing a notice of such updates on the Site.  You should check the Site frequently for updates.

11.          Contact Us

If your questions are not answered online, you may email us at [email protected], or write to us at NAACP Atlanta, Attn: Privacy Questions, 1147 Calhoun Avenue, Atlanta, Georgia 30344.