United Way of the Midlands (SC): Key Legal Risks in Privacy Policy and Terms – A Redline Case Study | Erayaha

When Privacy Promises Meet Legal Reality: United Way of the Midlands (SC) Under the Lens

Imagine a scenario where a nonprofit faces a GDPR fine of €20 million or a class action lawsuit costing over $1 million—all due to ambiguous or incomplete terms in their privacy policy. Our analysis of United Way of the Midlands (SC)'s Privacy Policy reveals several legal and logical gaps that could expose the organization to significant regulatory and financial risk.

1. Ambiguous Data Use and Consent Language The policy allows for broad use of personal information, stating, "we may use your Personal Information for the following purposes, or may use it for these purposes in the future," and "we may ask for your consent before using information for a purpose other than those set out in this Privacy Policy." This ambiguity fails to specify lawful bases for processing under GDPR and CCPA, risking regulatory penalties and donor mistrust.

Legal Analysis

high Risk

Removed

Added

We may use your Personal Information solely for the followingspecific purposes outlined in this Privacy Policy, or may use it for these purposes in the future: accordance with applicable privacy laws (including GDPR and CCPA)... We may ask Any use for additional purposes will only occur with your explicit, informed consent before using information for a purpose other than those set out in this Privacy Policy, and we will provide clear notice of such changes.

Legal Explanation

The original language is overly broad and fails to specify the lawful basis for processing, as required by GDPR and CCPA. The revision clarifies limitations, ensures regulatory compliance, and improves transparency for users.

2. Incomplete Third-Party Disclosure Safeguards The policy permits sharing personal data with vendors, contractors, and affiliates but lacks explicit requirements for data processing agreements or cross-border transfer compliance. This omission could result in unauthorized disclosures, breaching GDPR Article 28 and triggering fines up to 4% of annual revenue.

Legal Analysis

critical Risk

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We may disclose informationPersonal Information to ourthird-party vendors and other, contractors who perform various functions on our behalf. We take steps to ensure these third parties safeguard your Personal Information against improper disclosure, and in accordance with the law. We also may provide Personal Information to our affiliates or other trusted businesses or persons who provide servicesonly pursuant to you or us, based on our instructions and inwritten data processing agreements that require compliance with our Privacy Policyapplicable privacy laws (including GDPR Article 28 and any otherCCPA). Cross-border transfers will only occur with appropriate confidentiality and security measuressafeguards in place, such as Standard Contractual Clauses or similar mechanisms.

Legal Explanation

The original clause lacks enforceable requirements for third-party data processing agreements and cross-border transfer safeguards, exposing the organization to unauthorized disclosures and regulatory penalties.

3. Unilateral Policy Changes Without Notice The clause "If we decide to change our privacy policy, we will post those changes on this page..." allows policy changes without direct notice or consent from users. This exposes the organization to claims of unfair or deceptive practices under FTC guidelines and state consumer protection laws, risking litigation and reputational harm.

Legal Analysis

high Risk

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Added

If we decide to change our privacy policy, we will post thoseprovide you with direct notice of material changes on this page and, where required by law, obtain your explicit consent before such changes take effect. We will also update the Effective Date above so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose itmaintain an accessible archive of previous versions.

Legal Explanation

Unilateral changes without notice or consent may violate FTC and state consumer protection laws. The revision ensures transparency, user awareness, and legal compliance for policy updates.

4. Liability Disclaimer for Cookie Refusal The statement, "we disclaim, and you hereby waive, any claim or liability that may arise due to your partial or incomplete access... as a result [of refusing cookies]," attempts to limit liability in a manner likely unenforceable under consumer protection laws. Such disclaimers may be deemed unconscionable and could invite regulatory scrutiny or class actions, with damages potentially exceeding $500,000.

Legal Analysis

medium Risk

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Added

Visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using browsing the Site; provided, however, that we disclaim, and you hereby waive, any claim or liability that. While some site features may arise due to your partial or incomplete access to the contentbe unavailable, this does not constitute a waiver of any of the Site as a result thereoflegal rights or remedies under applicable consumer protection laws.

Legal Explanation

The original disclaimer attempts to limit liability in a manner likely unenforceable and potentially unconscionable under consumer protection law. The revision removes the waiver and clarifies user rights.

Conclusion: Proactive Redlines for Legal Resilience Our examination shows that addressing these issues is not just a matter of compliance—it’s a strategic imperative to avoid regulatory fines, litigation costs, and loss of donor trust. Proactive policy updates and enforceable redlines can safeguard your organization’s mission and reputation.

How robust are your current privacy and liability protections?
What would a major regulatory investigation cost your organization?
Are your terms keeping pace with evolving legal standards?

**This analysis is for educational purposes only and does not constitute legal advice. For actual legal guidance, consult with a licensed attorney. This assessment is based on publicly available information and professional legal analysis. See erayaha.ai’s terms of service for liability limitations.**