Terms & Conditions of Use for Pro Bono Support
Latest update: June 4, 2020
CartONG is a non-profit association, governed by the French law of 1901, SIRET number 490 816 345 000030, and with headquarters at 23 Boulevard du Musée, 73000 Chambéry, France.
Created in 2006, CartONG is a French H2H NGO specialized in Information Management. Our goal is to put data at the service of humanitarian, development and social action projects. We are dedicated to improving the quality and accountability of field activities, in particular through better needs assessments and monitoring and evaluation. We act as a multidisciplinary resources and expertise center, accompanying our partners’ strategies and operations. Our staff and volunteers also support the community as a whole by producing documentation, building capacities and raising awareness on the technical, strategic and ethical challenges of digital technologies.
As part of some of its information management projects, the CartONG association (hereinafter referred to as "CartONG") offers free/pro bono support services (known as helpdesk or hotline or on-demand support) to several organizations (each hereinafter referred to as "requesting organization") each year.
CartONG and the requesting organization are hereinafter referred to as the "collaborating organizations". The present terms and conditions (hereinafter referred to as the "general terms and conditions") define the terms according to which CartONG will provide free support on demand to the requesting organizations, the principles of collaboration between CartONG and each of the requesting organizations, and more generally, the implications of using this pro bono support for the requesting organizations. Any request made by a Requesting Organization is referred to as the "Request" below.
Generally speaking, requesting organizations can only benefit from the services offered by CartONG if they comply with the general terms and conditions. The requesting organization is deemed to have accepted the general terms and conditions related to its Request, if the latter has accepted by email the present terms and conditions, or if the provision of support has begun, in the absence of validation of the present terms and conditions.
The requesting organization is solely responsible for the implementation of all the support provided (recommendations, documentation, tools, data, maps, methodological advice, etc.) by CartONG under the pro bono on-demand support scheme. It is therefore up to the requesting organization, alone, to assess the elements provided by CartONG, to evaluate whether they meet its own objectives, to form its own conclusions and to bear all the consequences of the decisions arising from them.
The collaborating organizations are independent of each other, and neither may act or hold itself out as an agent, associate, partner or representative of the other.
The requesting organization undertakes to collaborate with CartONG as part of the pro bono on-demand support scheme, making available all the information, documents and, potentially, all the persons necessary for CartONG to fully understand the object of the request.
CartONG is free to accept or refuse any request it receives for any reason whatsoever (lack of human resources, request outside of CartONG's field of expertise or associative project, etc.).
CartONG undertakes to respond to any request it has accepted with professionalism, trying to meet as best as possible the deadline(s) announced to the requesting organization. Nevertheless, no express or tacit guarantee is given by CartONG concerning the date of completion of the request and, thus, CartONG cannot be held responsible for a delay in the completion of said request, or for any subsequent consequences that could result for the requesting organization.
Although CartONG undertakes to respond to any request accepted with professionalism, the services provided are not considered exhaustive. CartONG cannot be held liable for any errors, omissions or for the results that may be obtained from the use of any support provided. CartONG, its representatives, employees, members or volunteers, shall not be liable for any damages and indirect costs incurred by the requesting organization in providing this pro bono on-demand support.
The requesting organizations undertake to comply with the rules applicable against money laundering, terrorism and any other illegal activity as established by the American government, the European Union, the United Nations or any other donor of CartONG, as well as not to commit acts of fraud or corruption.
The collaborating organizations will not disclose any information, documentation, data or methods of a confidential nature without the written consent of the other organization.
With the exception of products containing Personal Data or previously declared in writing as "confidential" by one of the two collaborating organizations, all documents and written, audio, video or visual supports produced by CartONG as part of this pro bono on-demand support scheme are under Creative Commons CC-BY-SA licenses and the tools under a license recognized by the Open Source Initiative. They may be used (published, adapted, reproduced and distributed) by the collaborating organizations without any limit, provided that the name and logo of CartONG, and any other logo or mention (including donors’) initially applied on the materials and tools provided by CartONG as part of this pro bono on-demand support are systematically mentioned.
The requesting organization undertakes to communicate internally in the most transparent way possible to its teams, the role played by CartONG, in terms of the support provided and its impact for the supported project(s) and teams, in particular by keeping the name and logo of CartONG, and any other logo or mention (including donors’) initially applied on the supporting resources and tools provided by CartONG as part of this pro bono on-demand support.
The requesting organization undertakes, in the event of external communication, to specify the support received by CartONG and to comply with the information obligations that it will receive in writing, in particular so that CartONG can fulfil its commitments to any donor that may co-finance or finance the pro bono on-demand support.
CartONG reserves itself the right to communicate as widely as it wishes about the free on-demand support provided to any requesting organization. For accountability purposes in particular, the type of support provided, including the name and logo of the requesting organizations may be shared with the potential donor(s) and/or publicly (including on the CartONG website).
Should personal data (hereinafter "Personal Data") be communicated to CartONG in the context of the pro bono on-demand support, the collaborating organizations are obliged to abide by the following points:
Each collaborating organization is required to take appropriate technical and organizational measures to protect Personal Data against destruction, loss, alteration, unauthorized disclosure or unauthorized access to such Data, taking into account the most recent standards, the costs of implementation, the nature, scope, context and purposes of the processing(s) of Personal Data, but also the risks, varying in probability and severity, to the protection of the rights and freedoms of individuals. CartONG will implement the appropriate technical and organizational measures, based on the information brought to its knowledge by the requesting organization.
CartONG will notify the requesting organization in writing as soon as possible after becoming aware of a Personal Data Breach affecting the Personal Data provided by the requesting organization. The requesting organization is obliged to provide a contact person for this purpose (Personal Data Protection Officer or person responsible for the protection of Personal Data). This notification will be accompanied by any relevant documentation to enable the requesting organization, if necessary, to notify the competent supervisory authority of the breach.
It is the responsibility of the requesting organization to provide the information to the data subjects of the processing operations at the time of collection of the Personal Data.
To the extent possible, CartONG will assist the requesting organization in fulfilling its obligation to comply with requests to exercise the rights of data subjects: right of access, rectification, erasure and objection, right to limit processing, right to the portability of Data, right not to be subject to automated decision-making (including profiling). When data subjects send requests to CartONG to exercise their rights, CartONG will forward these requests as soon as possible by e-mail to the requesting organization. The requesting organization is obliged to provide a contact person for this purpose (Personal Data Protection Officer or person responsible for the protection of Personal Data).
As the support is free of charge, CartONG will not provide any other assistance relating to data protection and the GDPR to the requesting organization, in particular when it comes to carrying out data protection impact assessments (DPIA) and any prior consultation with the supervisory authority or any other competent data protection authority.
Within 6 months of the completion of the support and at the request of the requesting organization, CartONG will return or delete the Personal Data in its possession (and will justify in writing their destruction/return), without prejudice to the right of CartONG to keep for evidentiary purposes in its working folders a copy of documents that may contain Personal Data.
The requesting organization agrees not to hold CartONG liable for any damages, losses or costs incurred by CartONG as a result of: (i) CartONG's compliance with any instructions provided to CartONG by the requesting organization regarding the processing of Personal Data (including instructions relating to requests to exercise their rights by Data Subjects in accordance with applicable Personal Data Protection Regulations, as well as any instructions to store, communicate, modify or otherwise process Personal Data) or (ii) any breach or non-compliance by the requesting organization with its own obligations under these terms, including the requesting organization's obligation to provide documented instructions to CartONG. In all circumstances, the requesting organization as Data Controller undertakes and remains solely responsible for : (i) determining the purposes and means of the processing of Personal Data, (ii) documenting in writing and providing any instruction concerning the processing of Personal Data by CartONG, (iii) ensuring, prior to and during the entire duration of the processing of Personal Data, the respect of its own obligations provided for by the GDPR, in particular its obligations of information to the data subjects. The requesting organization will only provide, directly or indirectly, the Personal Data necessary for the provision of the support.
As part of the management of the request with the requesting organization, CartONG may process Personal Data concerning the requesting organization, such as names, e-mail addresses, telephone numbers of representatives and/or contact persons of the requesting organization and/or participants in training, webinars or mentoring sessions. Such Data is processed by CartONG, as Data Controller, for the following purposes: (i) the respect of the professional and deontological regulations (in particular management of the obligation of independence, management of conflicts of interest and quality control); (ii) the management of the collaboration between CartONG and the requesting organization in the context of the request, including administrative matters; (iii) the administration and support of CartONG's IT tools used in the context of its activities (messaging, business tools, etc.); (iv) the hosting and maintenance of these tools, archiving and reprography. The natural persons concerned benefit from the right to request from CartONG as Data Controller the access to their Personal Data, the correction or the deletion of these data, or a limitation of the processing, as well as the right to oppose the processing and the right to the portability of the data. In order to exercise their personal rights, the individuals concerned may write to: email@example.com.
The general terms and conditions of the pro bono information management on-demand support provided by CartONG to national and international solidarity actors may be updated at any time to ensure that they remain up to date and adequately reflect the type of support provided, the terms and conditions of such support and how and why CartONG may need to manage personal data and sensitive personal data as part of such support for the benefit of the requesting organizations.
In the event the general terms and conditions are updated as support is already ongoing, the most recent version will be sent to the requesting organization for review and approval. Refusal of the new conditions by the requesting organization may lead to the ending of the requested support.