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Website Privacy Policy

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We’re a nonprofit. Does our website need a privacy policy?

Yes, California nonprofit organizations are subject to privacy laws, including the California Online Privacy Protection Act (CalOPPA), which requires operators of commercial websites or online services that collect personally identifiable information from California consumers to post a conspicuous privacy policy on their website. While nonprofit organizations may not be explicitly stated in the law, if your nonprofit website collects personal information from California residents, it’s advisable to have a privacy policy to comply with CalOPPA and to demonstrate your commitment to protecting users’ privacy. Additionally, having a privacy policy can help build trust with your website visitors and donors.

The key elements of a policy include:

  • Identification of the Operator – that’s probably your nonprofit.
  • Types of Personally Identifiable Information (PII) Collected – for example, names, email addresses, etc.
  • Purpose of Data Collection – why you collect the information and what you do with it
  • Third-Party Sharing – do you share it? If so, why and to whom
  • User Rights – especially how they can change or delete their data
  • Data Security Measures – how you protect the data
  • Policy on Cookies and Tracking Technologies
  • Changes to the Privacy Policy – how you notify of changes.
  • Contact Information – how can a user contact you.
  • Effective Date – date the policy went into effect.

For further reference: Making Your Privacy Practices Public from the California Department of Justice

Grant Management Basics

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We are a small nonprofit and we just got our first major grant. We want to do things right. What advice do you have?

Managing a first major grant can be an exciting opportunity for a small nonprofit. Here are some basic recommendations to help ensure success:

  1. Understand the Grant Requirements: Hopefully, you did this before you applied for the grant! That said, this is a good time to thoroughly review the grant guidelines and requirements. Make sure you understand what is expected from your organization. Make sure you’re clear on the objectives, reporting deadlines, budgetary restrictions, and any other conditions attached to the grant.
  2. Create a Project Plan: Develop a detailed project plan outlining how you will utilize the grant funds to achieve the proposed objectives. Break down the tasks, assign responsibilities, and set realistic timelines for completion.
  3. Establish Clear Communication Channels: How will you keep everyone who is involved in the funded project on the same page? Maintain clear communication channels both within your nonprofit and with anyone outside who will be involved in implementation. Regular meetings and updates can help keep everyone informed and engaged.
  4. Track Expenses and Budgets: Unless the grant you received is for general operations, use of the funds is typically restricted to the purpose for which the grant was awarded. Implement a robust system for tracking expenses related to the grant and regularly monitor your budget to ensure you’re staying within the allocated funds. This will help you avoid overspending and ensure compliance with grant requirements. Be prepared at any time to show how you have spent the grant funds.
  5. Document Everything: Related to number four, keep detailed records of all activities, expenditures, and outcomes associated with the grant. Accurate documentation will not only help you meet reporting requirements but also provide valuable insights for future grant applications.
  6. Build Relationships with Funders: Cultivate positive relationships with the grant funder(s) by keeping them informed of your progress, sharing success stories, and expressing gratitude for their support. This can increase the likelihood of future funding opportunities and potentially lead to ongoing partnerships.
  7. Evaluate and Adapt: Regularly evaluate the progress of your grant-funded project against the established objectives and be prepared to adapt your approach if necessary. Collect feedback from stakeholders and use it to make informed decisions about how to best utilize the grant funds.
  8. Comply with Reporting Requirements: Ensure that you meet all reporting deadlines and provide the required documentation as outlined in the grant agreement. Failure to comply with reporting requirements could jeopardize future funding opportunities.
  9. Celebrate Successes: Take the time to celebrate milestones and successes achieved through the grant-funded project. Not only does this boost morale within your organization, but it also demonstrates to funders the impact of their investment.
  10. Plan for Sustainability: Consider how you will sustain the outcomes of the grant-funded project beyond the grant period. If you did not have to do this as part of the application process, it’s time to develop a sustainability plan that outlines strategies for continued impact once the grant funding has ended.

Do we have to follow Robert’s Rules?

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If your organization’s bylaws say your meetings will follow Robert’s Rules of Order, then yes, you do have to follow them—but do you follow them? Robert’s Rules are complex! It is very difficult to follow them to the letter unless you have a dedicated parliamentarian available. I’ve been on quite a few boards and none of them truly followed Robert’s Rules.

Robert’s Rules provide a method for making group decisions, but there are alternatives that may better serve your board of directors. Here are some examples.

Consensus Decision-Making: This approach involves discussion until all participants can agree on a single course of action. It emphasizes cooperation and collaboration, seeking to address concerns and find solutions that everyone can support.

Consent Decision-Making: This approach involves seeking consent from all members for a proposed course of action. Instead of requiring full agreement, consent decision-making aims to ensure that no member has strong objections to the proposed action.

Democratic Voting: Similar to Robert’s Rules, democratic voting involves members casting votes for different options, and the option with the majority of votes wins. However, the rules and procedures may be simplified compared to Robert’s Rules.

Each of these methods has advantages and disadvantages. I encourage you to check out thedecider.app. It’s a cool tool to help you choose a decision-making model that suits the decision your group needs to make.

And don’t forget! If you decide to adopt a different method, don’t forget to revise your bylaws accordingly.

Annual Meetings

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As a self-perpetuating board with no voting members, must we hold an annual meeting?

To answer that question, first be sure to see what your bylaws say. Bylaws typically have provisions about meetings. If your bylaws call for an annual meeting, you have your answer.

The exact phrase “annual meeting” does not appear in the California Corporation Code for public benefit corporations. However, there is a specific, relevant requirement in Section 5510: “A regular meeting of members shall be held on a date, time, and with the frequency stated in or fixed in accordance with the bylaws, but in any event in each year in which directors are to be elected at that meeting for the purpose of conducting such election, and to transact any other proper business which may be brought before the meeting.” CA Corp Code 5510

If a board meets regularly, you could simply designate one of those meetings as your annual meeting. Unless your bylaws say otherwise, It does not need to be a separate meeting in addition to your regular meeting schedule.

That said, why not have an annual meeting? It can serve a number of useful purposes! Check out:

Requirements for Nonprofit Annual Meetings | Nolo

How to Plan an Effective Annual Meeting for Your Non-Profit

Who Can I Add to Our Email List?

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If someone gives me their email, may we add them to our email list? Or if someone has their email on their public website, may we subscribe that address?

We all want to build our contact lists to be sure we get the word out about the great work our nonprofits are doing and how people can be involved. That said, there are legal requirements you need to know and follow.

First, it is simply a best practice, and often legally necessary, to get permission from people before adding them to your list. If you’re having a conversation with someone, ask, “May I add you to our email list?” Odds are, they will say yes. If they say no, you probably wouldn’t want them on your list anyway. The main point is don’t assume because the person happened to share their email with you for some purpose that it’s OK to subscribe them to your list.

What about those email addresses you find on an organization’s website? Clearly, the emails are there for use by the public to communicate with the organization, but that doesn’t give you permission to subscribe them to your email list. You might, however, send them a single email that explains why you think they might want to receive your emails, and include a link for them to subscribe themselves.

Even when you have permission to include a person’s email in your list, be sure each of your marketing emails (e.g. your newsletter, announcements or programs or fundraisers, etc.) includes a link for people to opt out of receiving future emails.

Resources for further information:

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