3. Technical Data When you access the Site, we collect certain data automatically using technical means and tools. From time to time, ACMI or its service providers may release aggregate and de-identified reports derived from this technical and usage information (for example, by publishing a report on trends in the usage of our Site or service provider’s platforms). This data relates to your device, and your experience on the Site and other websites, including the following: Usage and Device Data. When you access and use the Site, we automatically collect details of your access to and use of the Site, including traffic data, usage logs and other communication data, and the resources that you access and use on or through the Site (e.g., browsing history, search history). We may also collect information about your device and internet connection, including the device’s unique identifier (e.g., device type, IMEI, Wi-Fi MAC, IP address), operating system, browser type, and mobile network information. The Site may collect “diagnostic” data related to your use of the Site, such as crash data and logs, performance data (e.g., launch time, hang rate, or energy use), and any other data collected for the purposes of measuring technical diagnostics. Cookies and Tracking Data. We use “cookies” and other tracking technologies within the Site. A cookie is a small file placed on your smartphone or other device. It may be possible to refuse to accept cookies by activating the appropriate setting on your smartphone or device. However, if you select this setting, some parts of the Site may become inaccessible or not function properly. In addition, the Site may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us to analyze data on your use of the Site (e.g., recording the popularity of certain content and verifying system and server integrity). The Site may collect data about the advertisements you have seen or engaged. For more information, see our
Cookie Policy. Site Monitoring. Please be aware that we use cookies and other tracking technologies within the Site to monitor and record any and all activities and communications to, from, and on the Site in order to safeguard, improve, and analyze usage of the Site, and for the other purposes listed in this Privacy Policy. For the avoidance of doubt, you hereby acknowledge, agree, and consent to, the monitoring and recording of all such activities and communications.
4. Sources of Information We collect the personal information identified herein directly from you when you use our Services, through automated means when you are using the Site, and from third parties. More specifically, we collect personal information from the following sources: First Party / Direct Collection. We collect personal information directly from you when you use our Services (e.g., account registration, completing purchases, signing-up for subscriptions), when you provide a Product Review (as defined below), or whenever you directly engage with us, such as when you visit our offices or premises or otherwise contact us. Automated Collection. As described above, we may collect information and data, such as usage data and cookies, through automated means when you use the Site (see “Technical Data” above). Third-Party Sources / Data Brokers. In accordance with applicable law, ACMI may collect personal information about you from third parties, such as publicly available databases, advertising companies, social media websites and applications and combine it with information we already hold about you in order to help us improve and customize our Services and for other purposes set forth in this Privacy Policy. In addition, we may collect personal information from third-party service providers and data brokers so we can assess whether to pursue a business relationship with you and for “background check” processes. We may also collect your business contact information from your employer or other third parties to facilitate or otherwise engage in traditional business activities and similar administrative matters.
5. How We Use your Information / Purpose of Collection We may use the personal information we collect about you in order to perform our Services, comply with our legal obligations, and promote our business interests, including to (i) provide, operate, maintain, improve, and promote our Services, (ii) enable you to access and use our Services, (iii) process and complete transactions, and send you related information, including purchase confirmations and invoices, (iv) send transactional messages (e.g., responses to your comments, questions, and requests) and provide support for our Services, (v) furnish technical notices, updates, security alerts, and support and administrative messages to you about our Services, (vi) provide you promotional and marketing communications (e.g., information about our Services, features, surveys, newsletters, offers, promotions, contests, and events), (vii) maintain and post our membership directories and lists, (viii) monitor and analyze trends, usage, and activities in connection with our Services to promote our business interests, (ix) investigate and prevent fraudulent transactions, unauthorized access to or use of our Services, and other illegal activities, and (x) personalize our Services, including providing features or advertisements that match your interests and preferences. Notwithstanding the foregoing, ACMI may collect and use your personal information for any other purpose for which we obtain your consent. For the avoidance of doubt, you hereby agree that ACMI may contact you via any means, including via SMS/text message and email and through the use of autodialing systems and services, to furnish you information regarding a commercial transaction.
6. Sharing Information / Third-Party Disclosures We may share your personal information with certain organizations and third parties in accordance with applicable law, including as set out below. Membership Directories. ACMI maintains and publishes membership directories, membership lists and registration lists on the Site and in print and digital media to allow other members and the public to locate and contact you. Service Providers. We may share your personal information with companies that provide services on our behalf, such as hosting and analyzing the Site, conducting surveys and marketing on our behalf, processing transactions, tracking and responding to consumer questions or complaints, and performing analyses to improve the quality of our Services. Payment Card Transactions. All payments for purchases made through the Site (e.g., registration, membership fees/dues) are completed using a third-party vendor’s online payment system. ACMI does not have access to your credit card information and does not store or disclose your full credit card information. Any personal or financial information you provide to our online payment system is subject to the third party’s privacy policy and terms of use, and we recommend you review these policies before providing any personal or financial information. Distributors and Business Partners. We may share your personal information with third parties that distribute our goods, products, and marketing materials. ACMI Sponsors and Events. In certain circumstances, third-party organizations have agreed to sponsor certain ACMI programs or events (“
Sponsors”). To the extent you participate in these programs or events, we may share, or present you with the option to disclose or otherwise make available, your personal information to the Sponsors, which the Sponsors may use for their own marketing or other purposes. For the avoidance of doubt, ACMI does not control and is not responsible for how Sponsors process, share, retain, dispose, or otherwise use your information, and this Privacy Policy does not apply to any activities conducted or undertaken by the Sponsors. Any questions or concerns you may have with respect to how the Sponsors use your personal information must be directed to the Sponsor and not to ACMI. You hereby agree that, unless otherwise prohibited by law, you will not assert or maintain against ACMI any claim, action, suit or demand of any kind or nature whatsoever arising from our disclosure or provision of your personal information to the Sponsors. Business Restructuring. Circumstances may arise where for strategic or other business reasons ACMI decides to sell, buy, divest, merge or otherwise reorganize our businesses. We may disclose your personal information to the extent reasonably necessary to proceed with the negotiation or with the completion of a merger, acquisition, divestiture or sale of all or a portion of ACMI’s assets. Legal; Compliance; Legitimate Interest. We may disclose personal information (i) if required by law or government order, or with a legal process, (ii) to protect and defend our rights or property, or (iii) in urgent circumstances, to protect the health and personal safety of any individual. In addition, ACMI may disclose your personal information with any third party when we believe such disclosure is necessary to defend or protect our legal, regulatory, or business interests. Consent. In addition to the reasons for disclosure set forth herein, we may also disclose your personal information upon your consent. In the event that you facilitate a transaction with ACMI, or request information from or otherwise engage with us, and such activities require ACMI to share your personal information with a service provider or other third party, you hereby consent to such disclosure and/or direct ACMI to intentionally disclose your personal information to the service provider or third party.
7. Social Media We may engage with you on various social media platforms (e.g., Facebook, Twitter, Pinterest, Instagram). If you contact us on a social media platform for customer support or for other reasons, we may contact you via the social media’s direct message tools. Your use of a social media platform is subject to the policies and terms of the relevant social media platform. Certain social media platforms may also automatically provide us with your personal information, and the information we receive will depend on the terms that govern your use of the social media platform(s) and any privacy settings you may have set. The Site may, from time to time, include social media features and widgets (e.g., the “Facebook Like” button, the “Share This” button) or interactive mini-programs that run on the Site. These features may collect your IP address and which Site page you are accessing and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on the Site. Your interactions with these features are governed by the privacy statement of the relevant social media platform that provides them.
8. Links to Other Websites; Your Direct Third-Party Disclosures This Privacy Policy only governs your use of our Services (as defined above), and ACMI is not responsible for the content or privacy practices employed by any third party. As a resource to you, the Site may include links to third-party websites or provide you the opportunity to disclose information directly to third parties (e.g., credit card processors, Sponsors). Please be aware that third-party websites may include an ACMI logo, may be linked to the Site, or may otherwise appear to be affiliated with ACMI. Our Privacy Policy does not apply to such third-party websites or organizations. You assume all privacy, security, and other risks associated with providing any data, including personal information, to third parties via the Services. For a description of the privacy protections associated with providing information to third parties, you should refer to the privacy statements, if any, provided by those third parties.
9. Data Retention and Localization The period during which we retain your personal information varies depending on the purpose for the data processing. For example, we retain personal information needed to provide you with our Services, to facilitate transactions you have requested, or to engage in marketing activities, and for as long as is necessary to defend our legal or business interests. In all other cases, we retain your personal information for as long as is needed to fulfill the purposes outlined in this Privacy Policy. ACMI is based in the United States, and the personal information that we collect and process is retained and stored in the United States. ACMI uses service providers that store personal information on our behalf in the United States and in other third countries. Please be aware that the United States, and these other third countries, may not provide the same level of protection of personal information as in your country, state, or other jurisdiction of residence or nationality, and when transferred to the United States or elsewhere, your personal information may be accessible by, or otherwise made available to, local government authorities and officials pursuant to judicial and/or administrative orders, decrees, and demands, and/or other domestic laws, statutes, and regulations. By continuing to provide us such information, you hereby consent to your personal information being transferred to, and stored in, the United States and in such other third countries.
10. Security We seek to protect the security of your personal information and use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. HOWEVER, NO INFORMATION SYSTEM CAN BE FULLY SECURE AND WE CANNOT GUARANTEE THE ABSOLUTE SECURITY OF YOUR PERSONAL INFORMATION. MOREOVER, WE ARE NOT RESPONSIBLE FOR THE SECURITY OF PERSONAL INFORMATION YOU TRANSMIT TO THE SITE AND/OR THE SERVICES OVER NETWORKS THAT WE DO NOT CONTROL, INCLUDING THE INTERNET AND WIRELESS NETWORKS, AND YOU PROVIDE US WITH ANY PERSONAL INFORMATION AND DATA AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY DATA INCIDENT OR EVENT THAT MAY COMPROMISE THE CONFIDENTIALITY, INTEGRITY, OR SECURITY OF YOUR PERSONAL INFORMATION. The safety and security of your personal information also depends on you. Where we have given you (or where you have chosen) a username and password to access our Services, you are responsible for maintaining the security and confidentiality of those credentials and not revealing them to others. You must contact us immediately if you have reason to believe that your username or password to our Services has been compromised. You acknowledge and agree that we may contact you via email or other electronic communications in the event we are legally required to notify you of a data security incident or event related to your personal information.
11. No Data Collected from Children The Site is not directed at, nor intended for use by, children. As a result, if you are under the age of thirteen (13), you are prohibited from accessing or using the Services (including the Site) or with providing us with your personal information. ACMI believes that parents should supervise their children’s online activities and should consider using parental control tools available from online services and software manufacturers that help provide a safe online environment for children to work within. These tools can also prevent children from disclosing personal information without parental permission. If the parent or guardian of a child under the age of thirteen (13) believes that the child has provided us with any information, the parent or guardian of that child should contact us if they want this information deleted from our files, and we will undertake commercially reasonable measures to seek to comply with such a request.
12. Publicly Posted Information; Product Reviews You may, from time to time, have the ability to submit via the Site a comment on, provide an opinion about, rate, or otherwise discuss our Services, art-related products and manufacturing, and similar issues (a “
Product Review”). In other circumstances, you may directly provide us feedback on our business, our business sector, or the Services (“
Feedback”). Any information or content you post in a Product Review or in your Feedback may be available to other users of the Site (and our social media platforms) and may be retrievable by third-party search engines, and third parties may also be able to download or share your Product Review and Feedback to social media websites or elsewhere. We recommend that you guard your privacy and anonymity and not upload any information in your Product Review and Feedback that you wish to remain confidential. Any third party with access to your information via the Site will be permitted to use the information in the same manner as if you submitted the information directly to that third party. Publicly posting any information on the Site is entirely voluntary on your part, and we recommend you carefully consider the information you choose to make publicly available. As between you and ACMI, any and all Product Reviews and Feedback shall be considered ACMI’s confidential and proprietary information. In order for ACMI to utilize such Product Reviews and Feedback, you grant to ACMI a non-exclusive, perpetual, irrevocable, worldwide, royalty-free license, with the right to sublicense, under all relevant intellectual property rights, to use, publish, and disclose such Product Reviews and Feedback in any manner we choose and to display, perform, copy, make, have made, use, sell, and otherwise dispose of ACMI’s and our sub-licensees’ products or services embodying such Product Reviews and Feedback in any manner and via any media we choose, without reference to the source. ACMI shall be entitled to use Product Reviews and Feedback for any purpose without restriction or remuneration of any kind with respect to you and/or your representatives.
13. Your Responsibilities You are permitted, and hereby agree, to only provide personal information to ACMI if such personal information is accurate, reliable, and relevant to our relationship and only to the extent such disclosure will not violate any applicable data protection law, statute, or regulation or infringe upon a person’s data privacy rights or privileges. IF YOU PROVIDE PERSONAL INFORMATION (INCLUDING PERSONAL INFORMATION CONCERNING A THIRD PARTY) TO ACMI, YOU EXPRESSLY REPRESENT AND WARRANT TO ACMI THAT YOU HAVE THE FULL RIGHT AND AUTHORITY TO PROVIDE ACMI WITH SUCH PERSONAL INFORMATION (INCLUDING PERSONAL INFORMATION CONCERNING A THIRD PARTY) AND THAT ACMI’S USE AND PROCESSING OF SUCH PERSONAL INFORMATION AS SET FORTH HEREIN WILL NOT VIOLATE ANY PERSON’S RIGHTS OR PRIVILEGES, INCLUDING RIGHTS TO PRIVACY. YOU HEREBY AGREE TO FULLY AND COMPLETELY INDEMNIFY ACMI FOR ANY CLAIMS, HARM, OR DAMAGES THAT MAY ARISE FROM YOUR PROVISION OF PERSONAL INFORMATION (INCLUDING PERSONAL INFORMATION CONCERNING A THIRD PARTY) TO ACMI.
14. Updating Your Information It is important that the personal information that you provide to us is accurate and reliable. In certain circumstances, you may have the ability to directly edit your account to update and change your personal information (e.g., name, directory contact information) and you must do so, when such changes are warranted. If your account does not contain such features, then you must directly notify ACMI of any changes or updates to your personal information in accordance with the “Contact Us” section listed below.
15. Email Marketing and Your Rights You have the right to opt out of receiving email marketing communications and direct-mail marketing from us. Generally, the email marketing communications that you receive from us will provide you an option to “unsubscribe” from receiving future email marketing communications from us. You may also unsubscribe from email and direct-mail marketing by contacting us in accordance with the “Contact Us” section listed below. Due to production, mailing and system timelines, it may take some time to process your request. Until your requested change takes effect, you may still receive communications from us. If you send us your request by regular mail, please allow extra time for us to receive your notice. Please note: Although you may have opted not to receive communications, you may still receive business-related communications such as order confirmations, product recall notices, membership information, or other communications that are necessary to complete your transaction. You hereby agree to immediately notify ACMI, in writing, in the event you no longer own, license, or use an email address to which you subscribed to receive email marketing from us.
16. Canada Privacy Rights Personal data (as the term is defined in the Personal Data Protection and Electronic Documents Act of Canada (“
PIPEDA”) will be collected, stored, used and/or processed by ACMI in accordance with this Privacy Policy and ACMI’s obligations under PIPEDA and other applicable Canadian provincial laws. Pursuant to these Canadian laws, you have a right to request access to your personal information and to request that inaccurate personal information be corrected. If you have submitted personal information to us and would like to have access to it, or have it corrected, please contact us in accordance with the “Contact Us” section listed below. When requesting access to, or correction of, your personal information, we will require that you verify our request via email and request specific data from you to enable us to confirm the authenticity of the request and your identity, and to enable us to search our records and databases. We may charge you a fee to access your personal information, provided however, we advise you of any such fee in advance. Your right to access personal information is not absolute, and in some cases, we may not be able to allow you to access certain personal information in certain circumstances (e.g., if it contains personal information of other persons or the information is subject to legal privilege). In the event that we cannot provide you with access to, or correct, your personal information, we will use reasonable means to inform you of the reasons why, subject to any legal or regulatory restrictions. To delete your name from our electronic contact lists (text or email), please follow the applicable opt-out instructions listed above (see “Email Marketing and Your Rights”) or contact us in accordance with the “Contact Us” section listed below. If you have concerns with our data processing, you may file a complaint with the Office of the Privacy Commissioner of Canada. For more information about the Office of thePrivacy Commissioner of Canada, please access its website.
17. California Privacy Rights Pursuant to California’s “Shine the Light” law, California residents who provide personal information (as defined in the statute) to obtain products or services for personal, family, or household use are entitled to request and obtain from us, once a calendar year, information about the personal information we shared, if any, with other businesses for marketing uses. ACMI does not, at any time, share your personal information with a third party who we know or have reason to believe uses the personal information to undertake independent direct marketing. ACMI is not subject to the California Consumer Privacy Act of 2018, as amended. However, if you have any questions or concerns about our data processing activities, then please contact us in accordance with the “Contact Us” section listed below.
18. Nevada Privacy Rights ACMI does not conduct “sales” of personal information for purposes of Nevada law. Notwithstanding the foregoing, Nevada residents may submit a request directing us to not sell personal information we maintain about them to third parties who will sell or license their information to others. If you would like to exercise this right, please contact us in accordance with the “Contact Us” section listed below.
19. European Union (EU), Switzerland, and United Kingdom (UK) Data Protection Rights. If you are located in the EU, Switzerland, or the UK, you have the following data protection rights: •
Right to Know: The right to know about what personal information ACMI collects and processes about you, including the types and categories of personal information we collect and process, the sources of such personal information, our retention criteria, with whom we share your personal information, cross-border data transfers, and how to file complaints and inquiries. Such information is set forth in this Privacy Policy. •
Automated Decision Making. ACMI does not engage in any activity that subjects our members, Site users, survey participants, or others to a decision based solely on automated processing, including profiling, which produces legal effects, or similarly significantly results, impacting them. •
Access Rights. You may ask us whether we process any of your personal information and, if so, receive access to such personal information. When complying with an access request, we will also provide you with additional information, such as the purposes of the processing, the categories of personal information concerned as well as any other information necessary for you to exercise the essence of this right. •
Rectification. You have the right to have your personal information corrected/rectified in case of inaccuracy or incompleteness. Upon request, we will correct inaccurate personal information about you and, taking into account the purposes of the processing, update any incomplete personal information, which may include the provision of a supplementary statement. •
Erasure. You have the right to have your personal information erased, which means the deletion of your personal information by us and, where possible, any other controller to whom your data has previously been disclosed. However, your right to erasure is subject to statutory limits and prerequisites (e.g., where your personal information is no longer necessary in relation to the initial purposes for which it was processed, your personal information was processed unlawfully). •
Restriction of Processing. You have the right to obtain the restriction of the processing of your personal information, which means that we suspend the processing of your personal information for a certain period of time. Circumstances which may give rise to this right include situations where the accuracy of your personal information is contested but we need time to verify the inaccuracy (if any) of your personal information. •
Data Portability. You have the right to request us to provide you with your personal information in a structured, commonly used and machine-readable format and to have such data transmitted directly to another controller, where technically feasible. •
Right to Object. You have the right to object to the processing of your personal information, which means you may request us to no longer process your personal information. This only applies in case the “legitimate interests” ground (including profiling) constitutes the legal basis for processing (see below “Legal Basis for Processing”). However, at any time (and free of charge) you can object to having your personal information processed for direct marketing purposes. •
Withdrawing Consent. You also may withdraw your consent at any time if we are solely relying on your consent for the processing of your personal information. However, this will not impact our legal basis to process such personal information prior to the withdrawal of your consent.
To exercise any of these data privacy rights, please contact us, or have your designated agent contact us, in accordance with the “Contact Us” section listed below. To the extent permitted by law, we will need to verify your identity (or the identity of your agent) and ensure the authenticity of your request. Legal Basis for Processing. We process your personal information in accordance with the legal bases set forth in law. For example, our processing of personal information (as described herein) is justified based on the following legal grounds: •
Consent. Processing is based on your consent (e.g., you register to receive our marketing materials, you voluntarily contact us). •
Legitimate Interests. Processing is necessary for our legitimate interests as set out herein (e.g., monitoring your use of the Site and your compliance with the terms and conditions governing the same, improving our Services). •
Contract Undertaking. Processing is necessary for the performance of a contract to which you are a party (e.g., you purchase or consider purchasing our Services). •
Legal Compliance. Processing is required to comply with a legal or statutory obligation (e.g., tax disclosures).
Complaints. In the event you have concerns about our data processing, you have the right to file a complaint with your data protection authority. For data protection authorities in the EU, please see here:
https://edpb.europa.eu/about-edpb/about-edpb/members_en. For the data protection authority in Switzerland, please contact the Federal Data Protection and Information Commissioner (
https://www.edoeb.admin.ch/edoeb/en/home.html). For the data protection authority in the UK, please contact the Information Commissioner’s Office (
www.ico.org.uk). We would, however, appreciate the opportunity to deal with your concerns before you approach a data protection authority with a complaint, and invite you to contact us in the first instance.
20. Do-Not-Track Signals Some web browsers may transmit “do-not-track” signals to the website with which the user communicates. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they are even aware of them. Unless otherwise required by law, we currently do not take action in response to these signals.
21. Persons with Disabilities ACMI strives to ensure that every person has access to information related to our Services, including this Privacy Policy. Please contact us if you would like this Privacy Policy provided in an alternative format, and we will seek to meet your needs.
22. Employment Applications and Talent Management As part of our recruitment and talent management process, we collect personal information with respect to individuals who are interested in working for us. In this context, we collect employment and application data, such as the following: contact information (e.g., name, title, residential or postal address, telephone number, and personal email address); information in a curriculum vitae, resumé, cover letter, or similar documentation; details regarding the type of employment sought, willingness to relocate, job compensation and benefit preferences; health data (e.g., medical conditions); information related to your background, education, criminal record, credit history and similar data; information provided about or by your references or other third parties related to your employment history, skills, qualifications, or education; and information related to previous applications to us or previous employment history with us. When permitted by law, we may collect information about your race and ethnicity to assist with our diversity and inclusion programs. We use this information for the following purposes: to identify and evaluate job applicants; to verify your information; to complete employment, education, background and reference checks; to communicate with you about the recruitment process and your application; to comply with our legal, judicial, regulatory, administrative, or other corporate requirements; to analyze and improve our application and recruitment process; to accommodate individuals who may have specialized needs during the employment process; and to protect the rights, interests, and property of our business, other job applicants, employees, or the public, as required, or permitted, by law. We share this personal information with third parties (see “Sharing Information / Third-Party Disclosures”), and we may also use this employment and application data for any other purpose set forth in this Privacy Policy.
23. Events and Video Teleconferencing ACMI hosts and uses video teleconferencing platforms to facilitate conferences, meetings, training events, and other programs. We often use online platforms that are owned and administered by a third-party service provider (e.g., Google, Zoom, WebEx, Skype for Business). Please be aware that our video teleconferencing may record the content, conversations, and discussions thereon, and such records may be stored or retained by our third-party service providers. By participating in our events and video teleconferencing, you hereby consent to the collection and retention of any information provided therein, and you hereby consent to the recording of such activities.
24. Changes to the Policy We reserve the right to amend this Privacy Policy at any time. We will notify you if this Privacy Policy is amended by updating the “Last Updated” section listed above. It is your responsibility to periodically review the Privacy Policy to determine whether any amendments have been made hereto. Your use of the Services, and continued use of the Services after any amendments are made to this Privacy Policy, signifies your consent to this Privacy Policy and any amendments hereto. We may, in our sole discretion, provide you communications, including via email or text messages, about changes to our Privacy Policy; however, such communications do not abrogate or otherwise limit your responsibility to periodically review the Privacy Policy to determine whether any amendments have been made hereto.
25.
Contact Us ACMI is committed to undertaking measures that protect the privacy, confidentiality and security of your Information. If you have questions regarding this Privacy Policy or our handling of your personal information, would like to request more information from us, or would like to exercise a data privacy right, please contact us at the following: (mail) The Art and Creative Materials Institute, Inc., ATTN: Data Protection, 99 Derby Street, Suite 200, Hingham, MA 02043 (online interactive form)
available here (email)
info@acmiart.org.
