Asian American Arts Alliance

Asian American Arts Alliance - Privacy Policy

 

Asian American Arts Alliance - Privacy Policy

Effective Date: May 20, 2011

 

The Asian American Arts Alliance, Inc. (the “Alliance”, “We” or “Us”) is an organization that is dedicated to strengthening Asian American artists and arts/cultural groups in New York City through funding, promotion and community building.  Our website provides users the opportunity to become a part of the Alliance’s online social network and provides related  content, services and offerings.  This website, including all subdomains or related sites owned by Us, is referred to as the “Website” or the “Site”. 

We value your privacy, and We want to help make your experience on the Website as satisfying and safe as possible. We have established this Privacy Policy to explain how information is collected on the Website, including Personal Information (as defined below), and how that information is used and disclosed. "Personal Information" is information that allows a person to directly identify an individual, such as name or email address, and information that We combine directly with such identifying information.

1.         How The Website Operates

This Privacy Policy is our policy regarding information relating to you and your use of this Website.  This Privacy Policy is incorporated into and is subject to the Alliance Website Terms of Service. Any capitalized terms not defined herein have the meaning set forth in those Alliance Website Terms of Service. By using or accessing the Website, you expressly consent to the information handling practices described in this Privacy Policy.  Users should bear in mind that their use of the Website is subject always to their agreement to this Privacy Policy and the Alliance Website Terms of Service and all other policies applicable to them as set forth herein or in the Terms of Service.

2.         Collection of Personal Information

When you engage in certain activities on this Website, we may collect Personal Information from you.  For example, users who join or register on the Website become "members" when they create a Member account and provide certain account information. In addition, we may collect Personal Information when you complete a profile, answer profile questions, donate to the Alliance, order a product or service, submit Content and/or post Content in message boards or other public areas, fill out a survey, send us feedback, or other activities. It is completely optional for you to engage in these activities.  If you elect to engage in these activities, however, we may ask that you provide us Personal Information, such as your first and last name, mailing address (including zip code), email address, employer, job title and department, telephone and facsimile numbers, and other personal identifying information. If you choose to donate to the Alliance or purchase any products or services on the Website, you may be asked to provide a credit card number. Depending upon the activity, some of the information we ask you to provide is identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity.

3.         Passive Data Collection

Like most web-based services, We automatically receive and record information on our server logs from your browser when you use the Website.  We may use a variety of methods, including clear GIFs (also known as "web beacons"), and "cookies" to collect this information. The information that We collect with these automated methods may include, for example, your IP address, a unique device or user ID, browser type, system type, the content and pages that you access on the Website, and the "referring URL" (i.e. the page from which you navigated to the Website).

Cookies

Two types of cookies are used on the Website: (a) “session” cookies – these are temporary cookies that remain in the cookie file of your browser for a certain period of time (e.g., until you leave the Website, are inactive for a period of time, or close your browser); and (b) “persistent” cookies – these remain in the cookie file of your browser for much longer (though how long will depend on the lifetime of the specific cookie).

We may use persistent or session cookies (or both depending on the purpose) on the Website for the following purposes:

  • to allow you to carry information across pages of our Website and avoid having to re-enter information;
  • to recognize your account credentials, and to store references to your account credentials and session validators on your hard drive;
  • to allow you to easily change your personal details;
  • to help us recognize you when you return to our Website and to allow us to personalize your visit to our Website;
  • to analyze Website traffic and to compile anonymous, aggregated statistics that allow us to understand how users use our Website (this helps us improve the design and content of our Website for visitors and assists us in our marketing initiatives); or
  • for any other reasonable business purpose consistent with the terms of this policy.

Third parties (such as advertisers or sponsors) may also use cookies via the Website for the purposes of serving and tracking advertisements, controlling how often you are shown a particular advertisement and/or to tailor content to your preference. 

Please note that if your browser is configured to reject all cookies you may be unable to access and/or use all of the features of our Website. 

Web Beacons

Some of the pages on our Website may contain electronic images known as “web beacons” that allow us to count users who have visited those pages.  Web beacons collect only limited information including, for example, the time and date of a page view, and a description of the page on which the web beacon resides.  We may also carry web beacons placed by third party advertisers.  These beacons do not carry any personally identifiable information and are only used to track the effectiveness of a particular campaign.  We also include clear GIFs in some of our email messages in order to learn whether the messages are delivered and opened.

We use passively-collected information to administer, operate, and improve the Website and our other services and systems, and to provide services and information that are tailored to you. If any information gathered through passive means by Us is combined with Personal Information, We treat the combined information as Personal Information under this Privacy Policy. Otherwise, We may use information collected by passive means in aggregated or other non-personally identifiable forms.

Also, please be aware that other third parties, including advertising servers, advertising networks and Third Party Application (defined below) developers may set cookies or use other means of passively collecting information about your use of their services on the Website. We do not have access to, or control over, these cookies or other means of passive data collection. You should consult the respective privacy policies of these Third Party Application developers, advertising servers or advertising networks. We cannot control the activities of such third parties.

4.         Third Party Policies Applicable to Your Use of the Website

The Website may contain or utilize a technology platform provided and owned by Ning Inc. (collectively with its successors, assigns, and transferees, “Ning”) referred to as the “Ning Platform”.  You hereby agree, that in addition to the Alliance Privacy Policy and Terms of Service, the provisions of the Ning terms of service and privacy policy applicable to you as a user of the Ning Platform (available at http://about.ning.com/legal/tos.php and http://about.ning.com/legal/privacy.php and any other successor or applicable terms of service, including any other Ning policies linked to or incorporated in such terms of service) govern your use of the Ning Platform as integrated into the Website and you agree to be bound by and subject to such policies. 

In the event that we transfer our Website to another hosting or delivery platform, you acknowledge and agree that other terms of use or policies may apply to you and you agree to be bound by all such applicable terms and policies.

In addition to our right to collect and use information as set forth herein (and all other provisions of this Privacy Policy), Ning shall additionally have the right to use the Website to collect, use, and retain all information, including Personal Information, that is disclosed and uploaded by you or related to your activity on the Website, consistent with the terms of the Ning privacy policy.

In addition, from time-to-time we may integrate and offer (or you may independently use and access, if available), third party applications, features, widgets or modules (“Third Party Applications”) that are integrated with or offered from the Website.  Third Party Applications may have their own independent terms of service and privacy policies and such Third Party Applications may also collect Personal Information. Before using or accessing any Third Party Application, please review the policies governing its collection, use and disclosure of Personal Information.  We are not responsible or liable for any use of Personal Information that may be provided to or collected by Third Party Applications or Ning.

5.         Third Party Advertisers

We may allow (and Ning may allow) other companies, called third-party ad servers or ad networks, such as Google AdSense, to serve advertisements on the Website. These third-party ad servers or ad networks may use technology to send, directly to your browser, the advertisements that appear on the Website and they automatically receive your IP Address and other log file information when this happens. Such third-party companies may also use other technologies (such as cookies, javascript, or web beacons) to measure the effectiveness of their advertisements and to personalize their advertising content. Certain third-party companies, such as Google, may also use these cookies to serve ads to you based on your visit to this Website and other sites on the Internet.

We do not provide your Personal Information to these third-party ad servers or ad networks without your consent. However, please note that if an advertiser asks Us to show an advertisement to a certain audience or audience segment and you respond to that advertisement, the advertiser or ad server may conclude that you fit the description of the audience that they were trying to reach.

You may click here to visit the Network Advertising Initiative's opt-out page, where you can learn more about its member companies' practices and to opt out from the collection and use of information by its member companies.

Additionally, if any Google AdSense advertisements are used by Us or Ning you may opt out of Google's use of the DART cookie by visiting the Google ad and content network privacy policy located here.

We reserve the right to add or remove third-party ad networks and ad servers in our discretion. We may not at all times list such updated ad network or ad server partners in this Privacy Policy.

6.         Information Received From Third-Party Sources

We may also obtain information, including Personal Information, from third-party sources. This includes certain Personal Information that may be provided to Us through the installation and use of Third Party Applications or third party web sites. If We directly combine information from other third parties with Personal Information that We collect on the Website, We will treat the combined information as "Personal Information" and handle it in accordance with this Privacy Policy.

7.         How We Use Personal Information

We will primarily use your Personal Information to provide our services to you, to customize your use of the Website, and to operate the Website as a social media and networking site for Members and the Content they share.  We may use Personal Information to: operate, provide, improve, and maintain the Website and our other services and systems; collect and process donations; offer or develop products and services; improve our marketing and promotional efforts; statistically analyze Website use; prevent abusive and fraudulent use of the Website and our other services and systems; personalize and display advertisements (via our own advertising engine or server) and other content on the Website; send you administrative messages and information about content, the Alliance, Alliance artists, and any other services in which We believe you may be interested; and for other administrative and internal business purposes.  We may also use Personal Information to resolve disputes, troubleshoot problems, enforce our agreements with you, including our Terms of Service and this Private Policy, and as otherwise contemplated by and consistent with our Terms of Service. 

8.         When We Disclose Personal Information

We do not sell or rent email addresses and other Personal Information to unaffiliated third party marketing companies. We do not share Personal Information with third parties except in the limited circumstances described in this Privacy Policy or our Terms of Service. Please be aware, however, that any information that you voluntarily choose to display on any publicly available portion on the Website, becomes publicly available and may be collected and used by Us or anybody else without restriction.

Alliance Service Providers

We may provide Personal Information to third parties for their use in performing business functions (e.g. maintenance, security, data analysis, email transmission, or data hosting) on our behalf.  For example, we must release your credit card information to the card-issuing bank to confirm payment for donations or products and services purchased on this Website and provide order information to third parties that help us provide customer service (including Ning).  The use of your Personal Information by our service partners is governed by the privacy policies of those service partners, and is not subject to our control and we hereby disclaim any liability associated by such use of third parties.

Alliance Affiliates

Although We currently do not have a parent company or any subsidiaries, joint venture partners, or other companies that We control or that is under common control with Us (collectively, "affiliates"), We may in the future. We may share some or all of your Personal Information with our affiliates, in which case We will seek to require those affiliates to honor this Privacy Policy.

Aggregated, non-personal information

We may share aggregated information with third parties. This is information that is combined with the non-personal information of other users and does not allow you to be identified or contacted.  Depending on the circumstances, we may or may not charge third parties for this aggregated information.  We also may not limit the third parties’ use of the aggregated information. 

Legal Requirements

We may disclose Personal Information if We have a good-faith belief that doing so is required by a subpoena or other judicial or administrative order or otherwise required by law. Additionally, We may disclose Personal Information where We, in good faith, deem it appropriate or necessary to prevent violation of either the Alliance Website Terms of Service or the Ning Terms of Service, or our other agreements; take precautions against liability; protect the rights, property, or safety of the Alliance, the platform owner Ning, any individual, or the general public; maintain and protect the security and integrity of our services or infrastructure; protect ourselves and our services from fraudulent, abusive, or unlawful uses; investigate and defend ourselves against third-party claims or allegations; or assist government enforcement agencies.

Change of Ownership

In the event of a change in ownership, or a merger with, acquisition by, or sale of assets to, another entity We reserve the right to transfer all of your Personal Information, including email addresses, to that entity. We will use reasonable efforts to notify registered users of such a transfer (by a posting on our home page, or by email to a Member's email address that was provided to Us, as chosen by Us in our discretion).

9.         Security

We (or our service providers) maintain administrative, technical and physical safeguards for the Website to protect against unauthorized disclosure, use, alteration or destruction of the information you provide on this Website.  However, We cannot guarantee that your Personal Information or any information on the Website will remain free from unauthorized access, use, disclosure, or alteration. Further, while We and our service providers work hard to ensure the integrity and security of our network and systems, We cannot guarantee that our security measures will prevent "hackers" or other unauthorized persons from illegally accessing, obtaining, altering, misusing or destroying this information. We do not assume any liability to third parties whose information you include in your account profile or contact information, or which you post or transmit in any Content on our Website. To help maintain the security of your account credentials, please keep your password secure. 

If We learn of a security breach, We may attempt to notify you electronically so that you can take appropriate protective steps. By using the Website or providing Personal Information to Us, you agree that We can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Website. If a security systems breach occurs, We may post a notice on our homepage or elsewhere on the Website and may send email to you at the email address you have provided to Us.

10.       Children

The Children's Online Privacy Protection Act ("COPPA") protects the online privacy of children under 13 years of age. We do not knowingly collect or maintain personal information from anyone under the age of 13, unless or except as permitted by law.  If We learn that Personal Information has been collected from a user under 13 years of age on or through the Website, then We will take the appropriate steps to cause this information to be deleted.  If you are the parent or legal guardian of a child under 13 who has become a Member, please contact the Alliance at a4@aaartsalliance.org to have that child's account terminated and information deleted.

11.       Your Choices

You may, at any time, update, correct, or delete certain categories of Personal Information that you have provided to Us by signing in on the Website and updating the Personal Information. Additionally, you may update, correct, or delete certain categories of Personal Information within your “My Pages” by following the directions here.

Members may also, at any time, elect to deactivate their membership of the Website on the Website by visiting the “My Settings” page while signed in to the Website.  Additionally, any User may terminate its account and end its use of the Website at any time and for no reason by contacting Us at a4@aaartsalliance.org or at the address set forth below in the "Contacting Us" section.

You accept that even if you update or remove Personal Information that you have provided to Us or terminate your Website account in its entirety, some or all of your Personal Information may be retained in our backup files, cache and archives for technical and/or legal purposes. 

12.       Email Communications and Unsolicited Commercial Email

We may send you administrative messages, and updates regarding your account, the Website, and our services, by email. Ning may also send administrative or promotional messages to the extent permitted by applicable law. You may indicate your preferences regarding certain administrative email messages by following the directions here. Additionally, you can choose to opt-out of receiving messages from either Us or Ning by following the directions on the bottom of the email message you receive from either Us or Ning where you will be provided with a means of opting out.

Both the Alliance Website Terms of Service and the Ning Terms of Service prohibit Users from engaging in any activity involving the sending of email in violation of applicable law, including CAN-SPAM and other laws regulating unsolicited commercial email. Violations of these policies may result in immediate termination of service and legal action against any senders or initiators of such messages.

13.       Third-Party Services

The Website may contain links to websites and services provided by third parties. Any Personal Information you provide on third-party sites or services is provided directly to that third party and is subject to that third party's policies governing privacy and security. We are not responsible for the content or privacy and security practices and policies of third-party sites or services. We encourage you to learn about third parties' privacy and security policies before providing them with Personal Information.

14.       International Users

The Website is hosted in the United States. If you use the Website from the European Union, or any other region with laws governing data collection and use that may differ from U.S. law, please note that you are transferring your personal data to the United States. The United States does not have the same data protection laws as the European Union and other regions. By providing Personal Information under this Privacy Policy, you consent to the use of Personal Information in accordance with this Privacy Policy and the transfer of your Personal Information to the United States and you now warrant that insofar as you have transferred Personal Information relating to a third-party to the Website that you have permission to transfer any and all Personal Information relating to those third-parties from outside the United States to the United States.

15.       Changes and Updates to This Privacy Policy

We may occasionally update this Privacy Policy.  If We do, We will update the "Effective Date" at the top of the Privacy Policy.  We may amend, modify, change, add or remove portions of this Privacy Policy at any time without notice to you.  By registering with us or browsing or otherwise using this Website, you acknowledge that you have read, understood, and agree to be bound by this Privacy Policy, as it may be amended from time to time, and by your continued use of the Website you confirm your agreement to any such update to the Privacy Policy.

16.       Contacting Us

You may contact Us by e-mail at: a4@aaartsalliance.org. We are located at: 20 Jay Street, Suite 740, Brooklyn, New York, 11201.

 

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