What transparency, privacy, and donor disclosure rules apply to GiveSendGo and similar crowdfunding sites in the US?
Executive summary
GiveSendGo’s own site and help pages state it offers privacy controls (anonymous donations, private campaigns) and a privacy policy that governs data collected through its website (see givesendgo.com privacy and help pages) [1] [2] [3]. Separate federal rules apply when crowdfunding is actually a securities offering — Regulation Crowdfunding requires an SEC-registered intermediary, Form C filings, investor limits and disclosure obligations (including bad‑actor rules) [4] [5] [6].
1. Platforms set the visible rules; GiveSendGo’s public policies emphasize donor privacy and “100%” transparency claimed by the charity arm
GiveSendGo’s corporate pages and help center state the platform offers privacy features — guidance on donating anonymously, a “private” campaign setting that hides campaigns from search and categories, and a published privacy policy covering site-collected data [1] [2]. GiveSendGo Charities webpages promote “transparent” giving and say 100% of initial donations reach causes, framing the organization as a charity with an EIN [7] [8] [9]. These are platform-level promises rather than federal legal mandates [1] [7].
2. Donor-identifying data: what sites claim they control versus legal exposures
GiveSendGo’s privacy policy explains how personal information collected on the site is used and instructs users to consult its Terms of Service — that policy governs site-handled data but applies only to information collected online via givesendgo.com [1]. Help pages answer whether GiveSendGo shares information and describe safety/reporting processes, but available sources do not provide full technical detail about retention periods, third‑party processors, or law‑enforcement data‑request procedures beyond what the published privacy policy outlines [3] [1]. Not found in current reporting: granular descriptions of how GiveSendGo handles government subpoenas or “original source” donor‑of‑donor disclosures.
3. Anonymous giving vs. traceability in practice
GiveSendGo’s help material shows donors can take steps to hide a campaign from public listings and to donate anonymously, indicating a design that supports private visibility choices for donors [2]. That platform-level anonymity does not by itself immunize donors from legal process or payment‑processor records; available sources do not detail how payment processors retain or share donor information for GiveSendGo transactions [1] [3]. Outside reporting has documented controversies where payment processors cut ties or restricted services tied to campaigns on GiveSendGo — an operational reality that can affect donor privacy in practice [10].
4. When federal securities law applies, disclosure and intermediary rules bite
Crowdfunding that solicits investors (equity, debt, or other securities) is governed by Reg CF and related SEC rules: offerings must run through an SEC‑registered intermediary, issuers must file Form C and ongoing reports depending on raise size, and individual investment limits and a $5 million aggregate cap in 12 months apply [4] [11] [6]. Reg CF also imposes Rule 503/“bad actor” provisions that can disqualify offerings if covered persons have certain prior securities‑law violations [5]. Those rules are distinct from donation platforms’ privacy policies and apply only if the campaign is an offer of securities [4] [11].
5. State-level disclosure pressures and political context
Advocacy and legislative actors are actively debating donor‑disclosure laws. Groups like ALEC argue against expanded donor disclosure and note some states have pursued “original source” rules requiring more layered disclosure; those legislative trends can change what nonprofits and intermediaries must disclose at the state level [12]. GiveSendGo’s own public positioning — emphasizing freedom of expression and framing itself as a haven when other platforms remove campaigns — situates it in political fights over content moderation and donor transparency [13] [14] [15].
6. Practical takeaways for donors, fundraisers and regulators
For routine donations, platform policies (privacy policy, anonymous‑donation options, private campaign settings) define what donors can expect publicly [1] [2]. For anyone raising funds as an investment opportunity, SEC crowdfunding law applies: use an SEC‑registered intermediary, file Form C, respect investment limits and bad‑actor rules [4] [5]. Finally, platform promises of “privacy” are bounded by payment‑processor practices, Terms of Service (including arbitration and governing law clauses on GiveSendGo), and the possibility of state or federal legal demands — sources here show platform claims but do not fully document how data is shared with third parties or government on specific requests [16] [1] [3].
Limitations and unanswered questions: available sources summarize GiveSendGo’s public-facing policies and federal crowdfunding law but do not provide the platform’s full operational logs, payment‑processor contracts, or evidence about how the company handles legal process in specific cases; those specifics are not found in current reporting [1] [3] [4].