Records Management Policy

POLICY  

This Records Management Policy (the “RM Policy”) is adopted by Happy Hearts Fund (“HHF”), to establish a uniform system for identifying, managing, retaining, securing, and, when appropriate,    disposing of the HHF records (as defined below). This RM Policy is designed to maximize the overall  organization and responsiveness of HHF with regard to all records and to avoid the expense of maintaining  and storing outdated or superseded records. HHF retains only those records that are required to manage  its business effectively and to satisfy its obligations to legal authorities and its clients, employees, and other  related persons and entities. Specific retention obligations are set forth in the Record Retention  Schedule (discussed below). Toward that end, absent an applicable Legal Hold (as defined below), records  shall be disposed of as soon as they are no longer needed to satisfy business purposes or legal obligations,  in accordance with the Record Retention Schedule.

SCOPE

This RM Policy applies to all HHF employees, members of the board of directors, committee members,  independent contractors, vendors, volunteers, interns, or other individuals in an agency relationship with  HHF. Records governed by this RM Policy may be hard copy documents in employee offices or at on-site or  off-site storage locations, and may be electronic records on systems owned or controlled by the HHF or its  employees or agents, regardless of whether these systems are located on HHF premises.

OBJECTIVES

The primary objectives of this RM Policy are to:

  • retain records needed for HHF business and charitable purposes;
  • facilitate the management, retention, accessibility, security, and proper disposition of records;
  • comply with statutory and regulatory requirements for records retention;
  • retain records relevant to pending or reasonably anticipated legal actions, and enhance responsiveness and efficiency in complying with discovery demands;
  • increase records management efficiency and reduce costs by eliminating the retention of unnecessary, outdated, and superseded records upon the satisfaction of their business  purposes and applicable legal retention requirements; and
  • enhance consistency in record retention, storage, and disposal.

“RECORDS” DEFINED

“Records” include any hard copy documents or electronically stored information created, received, stored,  or otherwise maintained by HHF or any of its employees or agents in connection with transacting business  or fulfilling its legal obligations. Information considered to be a record may include, but is not necessarily  limited to, documents having written text (e.g., e-mail, correspondence, internal memoranda), databases  and other data (regardless of the software or application used), photographs and other images, audio  recordings (e.g., voicemail), and video recordings. Records may be in the form of hard copy documents  or may be stored on electronic media including, but not limited to computer and server drives, tapes,  DVDs, flash drives, other fixed, portable or removable storage media, or other electronic devices. It is not  necessary to keep duplicate hard copy and electronic versions of the same documents. For documents  requiring ongoing storage, electronic versions (including scans of hard copy documents) are required to be  stored on Google Drive. All hard copy scans should be checked for accuracy before any hard copy versions  are disposed of.

LEGAL HOLDS

When litigation, a government investigation, examination, enforcement proceeding, internal investigation,  tax audit, or other legal issue or dispute is pending or reasonably anticipated, potentially relevant records  must be preserved, even where such preservation results in retaining these records beyond their otherwise  applicable retention periods under the Record Retention Schedule. Under these circumstances, the HHF  shall initiate a “Legal Hold” and shall work with its employees and agents to preserve Records  potentially relevant to the subject of the Legal Hold. Employees and agents notified of a Legal Hold are  responsible for preserving records potentially relevant to the subject of the Legal Hold until they receive  written notice to end the Legal Hold.

NO PRIVACY RIGHTS IN INFORMATION ON HHF SYSTEMS

The HHF information systems are intended for business use. Employees, agents, volunteers and related  persons are prohibited from using the HHF’s information resources for illegal or unauthorized purposes.  Any hard copy documents or electronically stored information created, received, stored, or otherwise  maintained by any HHF employee or agent: (i) on the HHF’ s time; (ii) at any HHF office or location; or  (iii) using any HHF information resource, and that not related to the transaction of HHF business  (collectively “Non-Record Documents or Data”) become the property of HHF and may be required to be  disclosed to parties outside HHF in the event of litigation, government investigation, examination or  enforcement proceedings. Employees and agents have no privacy rights in the records and the Non-Record  Documents or Data they create and receive under the above-described circumstances. In addition, Non-  Record Documents or Data may become subject to the same Legal Hold requirements applicable to  records.

BACKUP MEDIA AND DISASTER RECOVERY

All documents stored on Google Drive are automatically backed up by Google for disaster recovery  purposes. These backups are solely for disaster recovery purposes and may not be used as record archives  from which records can be retrieved for other purposes.

RECORD RETENTION SCHEDULE AND SUPPLEMENTAL POLICIES

The Record Retention Schedule establishes how long certain types of records must be maintained and  when they are eligible for disposal. Employees and agents seeking further guidance regarding records  management, retention, processes and procedures are advised to refer to the HHF Records Retention  Schedule.

Violations

Adherence to the RM Policy is vital to maintaining the security and integrity of HHF information assets.  Compliance with this policy is mandatory. Depending on management’s evaluation of the circumstances, a  violation of this RM Policy can result in corrective action ranging from counseling to termination of  employment, as well as criminal and/or civil penalties where legal violations are involved.

Questions

If you have questions about this Records Management Policy, you may send us an e-mail at  info@happyheartsfund.org or write to:
Happy Hearts Fund
Attention: Records Management
PO Box 725
New York, New York 10014