In the course of raising private gifts to benefit Portland State University, Portland State University Foundation often acquires confidential and highly sensitive information about the nature of a donor’s financial and personal affairs. As a private entity, the Foundation is not subject to state public records and public meetings laws which apply to public/governmental entities such as Portland State University. It is because of that donors direct gifts to the Foundation instead of the University and often expect and request that this information be kept confidential. It is consistent with the Foundation’s mission to honor these expectations and requests because it facilitates giving.
As an authorized recipient of detailed donor information, you are expected to comply with the Foundation’s Policy on Confidentiality. It is as follows:a. The Foundation may provide information to Portland State University regarding the value and purpose of a gift, provided the information is needed for a legitimate institutional purpose.b. All requests by the media for information about a particular donor shall be forwarded to the Executive Director of the Foundation. All requests for information in legal proceedings, such as subpoenas, shall be referred to the Executive Director of the Foundation.c. Confidentiality may be a factor in a donor’s decision to make a gift through the Foundation. Confidentiality beyond what is practically available should not be promised, and the Foundation may in certain circumstances be required by law to disclose information, even if it would prefer to keep the information confidential.d. The Foundation may accept anonymous gifts provided acceptance of such a gift is otherwise consistent with the Foundation’s Gift Acceptance Policy. The Foundation should explore with such donors the extent to which they wish to avoid publicity, and what, if any, disclosure of information will be acceptable to the donor.e. Any information provided to Portland State University may be subject to disclosure by the University in accordance with state law. In view of this, any Foundation employee providing information to Portland State University should be mindful of the effect on Foundation donors should this information be disclosed to the public.f. Sensitive information, such as a donor’s will, trust instrument, or financial statement should not be copied or provided to University personnel unless authorized by the donor. To the extent possible, such information should be maintained only as a single copy in central files at the Foundation office.g. Because copies of gift agreements must be provided to Portland State University in order for gifts to be properly recognized and administered, when assisting in the completion of an agreement to be signed by a donor, personnel should be mindful of the nature of the information contained in a gift agreement and the possibility of its disclosure to the public. All personnel should be careful not to provide any tax, legal or accounting advice to donors with respect to preparation of gift agreements, and clearly disclose to donors that they are not qualified to give tax, legal or accounting advice.
Disposal of Documentation Containing Sensitive Information
All documents containing donor information, including but not limited to: giving reports, mailing lists, donor profiles, financial statements, contact reminders and customized database reports, must be shredded or forwarded to the Foundation for proper disposal.
Failure to comply with the Foundation’s Confidentiality Policy and disposal requirements may result in the loss of access to donor reports.
Acknowledgement of Receipt of Policy and Agreement to Comply
By signing your name below you acknowledge receipt of this Confidentiality Policy and agree to comply with the terms for use outlined within.
Name (please print) : ________________________________________________________
Department: __________________________________________________________________
Account Access: ________________________________________________________________
Signature: _____________________________________________ Date: __________________
This Confidentiality Agreement must be printed out, signed by the Faculty/Staff Person that needs Account Access, and mailed or faxed to the PSU Foundation along with the Access Request Form.
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