Last updated: May 2018
1. INTRODUCTION; GENERAL TERMS
1.4 The Museum collects Information from you when you engage in online or in-person transactions such as purchases, registrations, making donations, or becoming a member. Additionally, Information may be transmitted as part of a form submission or in connection with other programs, activities, services, or resources available on our Site or Apps.
For example, we collect Information on our Site and/or Apps when you:
- Create an account
- Purchase tickets
- Purchase a membership
- Make a donation
- Purchase merchandise
- Purchase or redeem a gift membership
- Fill out a “Contact Us” request
- Subscribe to a mailing list
- Request information about exhibitions, programs, and activities
- Participate in certain education programs
- Communicate with us through the Site and/or Apps, including by completing online forms
We also collect Information outside of our Site and Apps:
- In-person ticket or membership sales
- By phone
- Onsite (for example, by completing a form in person with us)
- Returning mail to us, such as membership renewals
- Completing a survey mailed to you
- Completing contact information on forms at local events
2. INFORMATION WE COLLECT ABOUT YOU
2.1 Registration, Features, Functionality, and Communications. In order to use the Services and any content, features, and functionality thereof (e.g., communication/networking features, account registration, donation features, promotions, purchases, etc.), we may require that you provide and/or otherwise make available to us certain Information, which may include your legal name, email address, mailing address, physical location, telephone number and other descriptive information, and, in order to conduct fee-based transactions and other activities, your payment data (e.g., payment card data, billing address, PayPal account details, etc.), demographic information, authentication data and other information. In addition, you may be presented with the opportunity to sign up to receive additional newsletters, email communications, other communications, and promotions from us in order for us to provide up-to-date information and other news about the Services, and to publicize and promote certain exhibitions, activities, events, content, initiatives, programs, products, and services offered by us, which may require that you provide certain Information.
2.2 Automatic Information Collection; Tracking Technologies. When you use the Services, we automatically collect certain Information, such as a unique device identifier assigned to your Device (“UDID”), anonymous identifiers, your Internet protocol (IP) address, location data (e.g., zip code, GPS-based location information, longitude/latitude, etc.), and other Information regarding your use of the Services, which may assist us in authenticating your usage and/or device, keeping track of your preferences, creating a more tailored user experience, better serving your particular interests and needs, etc. In addition, the Services and/or third parties may use “cookies” (which are small electronic files containing information about you and your activities that are stored on your Device (e.g., html files, Flash files, etc.), “embedded scripts”, web beacons and other similar tracking technologies (collectively, “Tracking Technologies”) to collect Information automatically as you use the Services. Tracking Technologies enable us to track your use of the Services, and target your interests to enhance your experience with the Services, including, without limitation, by making additional features, functionality, products, and services available to you. We may also use Tracking Technologies to collect “clickstream” data, such as your Device type, operating system and platform, the average time spent using the Services, content viewed and searched for, access times, location of usage, and other relevant statistics, and may assign unique identifiers to your Device or other credentials you use to access and/or use the Services for the same purposes. We may associate the information obtained through these Tracking Technologies and your UDID, anonymous identifiers, and other identifiers and data with your Personal Information so we can better customize your experience using the Services and provide tailored recommendations, advertisements, promotions, features, functionality, products, services, and other content related to your specific interests, activities, and/or profile. You may have the ability to set certain privacy options on your Device that limit the provision of certain Information, such as geolocation information, whether by responding to request alerts or notifications that may be presented to you on your Device prior to the collection of the relevant information or by navigating to the settings section of your Device and limiting certain functionality (e.g., location services, etc.). Please be aware that that if you limit the collection of certain Information, you may not be able to use certain of the Services, whether as it pertains to some or all of the services, content, features, and/or products made available in connection therewith.
We may combine Information gathered from the Site and the Apps with Information that we have received, gathered, acquired, or stored from other sources, including Information collected offline by the Museum and Information received from third parties into a single customer record. We also use and/or combine Information that we collect offline or receive from third party sources to edit, enhance, and/or check the accuracy of your customer record.
3. HOW WE USE INFORMATION
3.1 We may use your Information for the following purposes:
- Providing any information, services, or products that you request or purchase on or through the Services;
- Contacting you regarding the administration of any features or functions of the Services;
- Sending you marketing, promotional, fundraising, and other emails, messages, correspondence, and notifications;
- Allowing you to participate in the support and other features of the Services;
- Responding to your questions or other requests;
- Tailoring your experience with the Services and/or otherwise customizing what you see when you use the Services;
- Saving your User Account, registration, and profile data or other Personal Information (so you are not required to have to re-enter it each time you use the Services);
- Providing and/or otherwise making available the Services and any other information, products, and services of enhanced value to you;
- Marketing and promoting the Services, including, without limitation, promotions and other initiatives and activities;
- Where you order information, goods, or services, performing credit checking or other authentication where relevant;
- For the prevention and detection of fraud or infringement of our or any third party’s rights;
- Tracking your return visits to and use of the Services;
- To comply with legal obligations or legal process; and
4. USER CHOICE, WITHDRAWAL OF CONSENT, AND OPT-OUT
If you prefer not to have your Information shared with third parties for marketing purposes, or would like to be removed from our mailing list, please contact us at email@example.com.
Other privacy preferences (e.g., limiting location services, etc.), depending on the nature of the specific feature, functionality, or offering, may be designated by modifying your account privacy, permission, and/or account options on the your Device (if applicable) and the Services (solely if applicable and in the event we elect to make such settings available).
If you ask us to stop using your Information, we will honor that request while retaining a record of any Information as necessary to comply with applicable foreign, federal, state, or local law, and/or to conduct legitimate business activities; provided, however, that you may be unable to continue to use certain Services (in whole or in part), if you require us to stop using your Information. You always have the right to review and correct the Information you have provided to us and generally you may update or delete certain Information by contacting us as described in Section 14.
If for any reason you do not wish to receive further emails from the Museum, please follow the instructions for unsubscribing included within the body of the message that was sent to you, or email a message containing your name and address to firstname.lastname@example.org.
5. SHARING AND DISCLOSURE OF PERSONAL INFORMATION AND OTHER INFORMATION
5.1 Disclosure to Third Parties. We reserve the right to use, share, exchange, and/or disclose to third parties any of your Information (i.e., Personal Information and Additional Information) for any lawful purpose, including, but not limited to, as may otherwise be described in Section 3 above, and your use of the Services shall be deemed your express, affirmative “opt-in” consent. You can choose to opt-out of certain such uses as described in Section 4 above.
5.2 Disclosure of User Status and Activity Information. In order to access and use the Services, you expressly acknowledge, understand, and agree that the Services will automatically store, host, share, post, disseminate, disclose, and/or publish certain Information concerning your user account and profile (e.g., name, avatar/image, etc.) and your corresponding use of the Services and related conduct, information, and activities associated therewith (e.g., content and text postings, questions regarding exhibits, feedback, ratings, etc.) in connection with the Services (collectively, “Status and Activity Information”). Status and Activity Information will be visible (e.g., on post and feed sections, message boards, on-location physical displays, etc.) to all Users of the Services and any other third parties (e.g., visitors to the Brooklyn Museum, users of third party platforms, etc.). Accordingly, you expressly acknowledge, understand, and agree that all Status and Activity Information is public and may be globally viewed by any third parties. We may, from time to time, make certain settings available to limit the sharing, availability, or public nature of certain specific Status and Activity Information, and if we do elect to do so and you properly designate your preferences using such settings, then we will honor the choices after you make about who can see certain specific Status and Activity Information after a reasonable period of time to implement such preference. For purposes of clarity, the term “User Posting” shall include Status and Activity Information.
5.4 Service Providers. We will provide and disclose your Information to operators, services providers, and other third parties for the purpose of proving, offering, supporting, administering, and maintaining the Services, and providing the full range of content, activities, services, features, and functions offered on or in connection with the Services.
5.5 Additional Disclosures. The Museum may also use or disclose your Information if required to do so by law or in the good-faith belief that such action is necessary to (a) conform to applicable law or comply with legal process served on the Museum; (b) protect and defend the Museum’s rights or property, the Site, the Apps, or the Museum’s users; and (c) act under emergency circumstances to protect the personal safety of Museum affiliates, agents, or the users of the Site, the Apps, or the public.
The Museum takes special care to protect the safety and privacy of children. We do not knowingly collect information from children under the age of 13. Children should always ask parents/guardians for permission before providing personal information to any website or purchasing any products or services online. The Museum urges all parents/guardians to participate in their children’s exploration of the Internet and to teach them about protecting their personal information while online.
The online transactions conducted on the Site, the Apps, and onsite are protected by security features, including encryption and tokenization, designed to prevent the unauthorized release of your personal financial data. All credit card information complies with current PCI standards and will be tokenized and held on third party sites.
While the Museum has endeavored to create secure and reliable Site and Apps, please be advised that the confidentiality of any communication or material transmitted over the Internet cannot be guaranteed. Accordingly, the Museum and its employees, agents, officers, trustees, legal representatives, predecessors, successors, and assigns are only responsible for information after receipt and while in our custody and control. You assume the sole and complete risk for using such Services and must make your own determination as to these matters.
8. YOUR CALIFORNIA PRIVACY RIGHTS
If you are a resident of the State of California, we provide you with information on how to exercise your disclosure choice options such as your right to opt-out (which we may sometimes refer to as “unsubscribe”) with respect to use of your Personal Information by third parties for marketing purposes. Therefore, pursuant to the California Civil Code, we are not required to maintain or disclose a list of the third parties that received your Personal Information for marketing purposes during the preceding year. If you are a California resident and wish to request information about how to exercise your third party disclosure choices, please send a request by email to our Privacy Officer at email@example.com detailing your privacy request. All requests must be labeled “Your California Privacy Rights” on the email subject line. For all requests, please clearly state that the request is related to “Your California Privacy Rights”, include your name, street address, city, state, zip code, and email address (your street address is optional if you wish to receive a response to your request via email) and indicate your preference on how our response to your request should be sent (email or postal mail). We will not accept requests via the telephone, postal mail, or by fax. We are not responsible for notices that are not labeled or sent properly, or do not have complete or legible information.
9. INTEGRATION AND INTERACTION WITH THIRD PARTY PLATFORMS, THIRD PARTY SERVICES AND OPERATORS
12. INTERNATIONAL USAGE
The Services are controlled, operated, and administered entirely within the United States. If you visit, access, interact with, and/or otherwise use the Services from a location outside the United States, please be advised that any Information you provide in connection with any such activity may be processed in and/or transferred to the United States of America and/or other territories and locations, where privacy protections may not be as comprehensive as those in the territory or location where you interact with or otherwise use the Services.
13. DATA PROTECTION PRIVACY UNDER THE GENERAL DATA PROTECTION REGULATION (“GDPR”)
If the GDPR applies to you, then you have particular rights as an individual under this regulation, including the right to:
- Request access to your Personal Information stored by the Museum and request certain information related to its processing
- Request a change and/or update be made to your Personal Information stored by the Museum
- Request restriction of processing your Personal Information
- Request erasure of your Personal Information stored by the Museum
- Object to the processing of your Personal Information
To exercise one of these rights, please contact the Museum at firstname.lastname@example.org.
The Museum acknowledges that even though you may initially consent to the processing of your Personal Information, you may wish to withdraw your consent from time to time. You may withdraw your consent from the processing of Personal Information either entirely or in part. To withdraw your consent, please contact email@example.com.
If you have any questions or concerns regarding the rights established under the GDPR, please feel free to contact the Museum as set forth in Section 14 below.
14. CONTACT US
Attention: Privacy Matters
200 Eastern Parkway
Brooklyn, NY 11238
15. SOLE STATEMENT
Copyright © Brooklyn Museum 2015. All rights reserved.