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Privacy Policy

AMERICAN MARKETING ASSOCIATION NEW YORK PRIVACY POLICY

Last Modified: May 22, 2018

 

  1. Introduction

American Marketing Association New York (AMA NEW YORK) is dedicated to protecting your personal information and informing you about how we use your information. This Privacy Policy applies to your use of any AMA NEW YORK owned websites, software, or associated services (collectively “Platform”).  This Privacy Policy should be read in conjunction with the Terms of Service and is wholly integrated into the Terms of Service.  Where no definitions are given, any proper nouns will have the same definitions and meanings as defined by the Terms of Service. Please review this Privacy Policy periodically as we may revise it from time to time without notice. If you do not agree with or accept our Privacy Policy in its entirety, you must not access or use the Platform.

Information Collected

Personally Identifiable Information (PII) Collected Via the Platform

You will not be required to provide us with any information when you visit our Platform.  However, portions of our Platform may require you to submit personally identifiable information to us.  During your use of the Platform, we may collect your name, email, address, telephone number, company name and address, organization information, and other identifying details.  Any personally identifiable information you submit via the Platform shall be used and disclosed in accordance with this Privacy Policy.   We may also collect payment information that you make available to us for your use of the Platform.   Please be aware that this payment information shall be stored by third-party payment processors.

Non-Identifying Information

Whenever you use our Platform, we may collect non-identifying information from you, such as your IP address, interactions with the Platform, query information, location information, pricing data, research history, location and GPS information, referring URL, browser, application interaction, mobile provider information, operating system, data usage, data transferred, and Internet Service Provider.

  1. Anonymized Data

Please be aware that we may collect and aggregate personally identifiable information from our Platform and may anonymize that information for our own research or internal purposes.  Once such data has been anonymized, it cannot be traced back to you, the user.

  1. Use of Your Information

This section explains how we plan on using your information submitted by us. In order to use our Platform, you agree that we may use your personally identifiable information:

  • To enhance or improve your user experience.
  • To share with users of the Platform.
  • To improve the Platform.
  • To email you newsletters and marketing as required.
  • To understand how you communicate and use our Platform.
  • To contact and correspond with you and to respond to your inquiries.

Additionally, we may give your information to law enforcement if we are compelled to by a court order, if there has been a violation of any US laws, international laws or if a violation of any other agreements or the Privacy Policy has occurred.

  1. Accessing, Editing, and Removing Your Information

If you have submitted information to our Platform you will be unable to edit that information. When using our Platform you may be able to access and edit your information via the Platform dashboard.  However, you will be unable to opt out of any of our data collection practices via the Platform. If at any time, you have any questions or wish to review, change, or delete any of your information collected by us, please contact us at privacy@amanewyork.org.  Additionally, if  you would like us to permanently remove any accessible copies of your information, please follow the instructions listed within the “removal of information” section and contact us at privacy@amanewyork.org.   After you have cancelled your account please be aware that we may keep inaccessible copies of your information for a commercially reasonable period of time.

  1. Removal of Information

If you wish to have any of your personal information stored within the AMA NEW YORK Platform removed, please contact us.  With each removal request, you must list the information you wish to have removed exactly as listed.  Please be aware that removal requests are not processed instantaneously. There may be a reasonable delay in removing any information requested.

As AMA NEW YORK collects data from multiple sources a single removal request may not eliminate all of your personal information listed in our database.  Therefore, you may be required to submit multiple requests. If your information repeatedly reappears please contact us.

You may make a removal request by email at privacy@amanewyork.org, please label the subject of the email with the following “Removal Request – Your Full Name and Account Name”.

  1. Cookies and Other Tracking

Our current Platform uses cookies in accordance with our Cookie Policy.

  1. Third Party Access to Your Information

Although you are entering into an Agreement with AMA NEW YORK  to disclose your information to us, we do use third party individuals and organizations to assist us, including contractors, web hosts, and others to allow you to access the Platform.

Throughout the course of our provision of our services to you, we may delegate our authority to collect, access, use, and disseminate your information.  It is therefore necessary that you grant the third parties we may use in the course of our business the same rights that you afford us under this Privacy Policy.  For this reason, you hereby agree that for every authorization which you grant to us in this Privacy Policy, you also grant to any third party that we may hire, contract, or otherwise retain the services of for the purpose of operating, maintaining, repairing, or otherwise improving or preserving our Platform or its underlying files or systems.  You agree not to hold us liable for the actions of any of these third parties, even if we would normally be held vicariously liable for their actions, and that you must take legal action against them directly should they commit any tort or other actionable wrong against you.

  1. Law Enforcement

You agree that we may disclose your information to authorities if compelled to by a court order.  Additionally, you agree that we may disclose your information if we reasonably believe that you have violated any US laws or the terms of any of our agreements with you  or if we believe that a third party is at risk of bodily harm.   In the event that we receive a subpoena affecting your privacy, we may elect to notify you to give you an opportunity to file a motion to quash the subpoena, or we may attempt to quash it ourselves, but we are not obligated to do either.  We may also proactively report you and release your information without receiving any request to third parties where we believe that it is proper to do so for legal reasons, where your actions violate any laws of the US or any other country having jurisdiction over us, our Platform, or the Platform.  You release us from any damages that may arise from or relate to the release of your information to a request from law enforcement agencies or private litigants.  We may release your information under the conditions listed in this paragraph whether it is to individuals or entities and to any state or national authorities, as required.

  1. Commercial, Non-Commercial Communications and Do Not Track

If you decide to provide us with your contact information, you agree that we may send you communications via text and email.  However, you may unsubscribe from certain communications by notifying AMA NEW YORK  that you no longer wish to receive these communications, we will endeavour to promptly remove you from our notification listings once we have received that request.  We currently do not offer website functionality for you to opt out of any “do not track” listings. If you wish to opt out of certain communications or information collection, please contact us at privacy@amanewyork.org.

  1. Third Parties

AMA NEW YORK  may post links to third party websites on our Platform, which may include information that we have no control over.  When accessing a third party site through our Platform, you acknowledge that you are aware that these third party websites are not screened for privacy or security issues by us, and you release us from any liability for the conduct of these third party websites.

Please be aware that this Privacy Policy, and any other policies in place, in addition to any amendments, does not create rights enforceable by third parties.  AMA NEW YORK  bears no responsibility for the information collected or used by any advertiser or third party website. You must review their Terms of Service and Privacy to understand how their information collection practices work.

  1. Security Measures

We make reasonable attempts to protect your information by using physical and electronic safeguards.  For these reasons, AMA NEW YORK  employs SSL certificates. However, as our Platform are hosted electronically we can make no guarantees as to the security or privacy of your information.  For this reason, we recommend that you use anti-virus software, routine credit checks, firewalls, and other precautions to protect yourself from security and privacy threats.

  1. Your California Privacy Rights

AMA NEW YORK  permits residents of the State of California to use its Platform, and complies with the California Business and Professions Code §§ 22575-22579.  If you are a California resident you may request certain information regarding our disclosure of personal information to any third parties for their direct marketing purposes.  Various provisions throughout this Privacy Policy address requirements of the Californian privacy statutes. Although we do not disseminate your information to third parties without permission, you must presume that we collect electronic information from all visitors. You may contact us at privacy@amanewyork.org with any questions.

  1. Age Compliance

We intend to fully comply with American and international laws respecting children’s privacy.  Therefore, we do not collect or process any information for any persons under the age of 18.  If you are under 18 please do not access the Platform.

  1. International Transfer

Your information may be transferred to – and maintained on – computers located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction.  We may transfer personal information to the US or elsewhere and process it there.  Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

  1. Merger and Acquisition

In the event that the AMA NEW YORK  is involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your information may be sold or transferred as part of that transaction. Please be aware that once the information is transferred your privacy rights may change.

  1. Amendments

Like our Terms of Service, we may amend this Privacy Policy from time to time.  When we amend this Privacy Policy, we will modify the date listed on this Agreement or we may contact you.  You must agree to the amendments as a condition of your continued use of our Platform.  If you do not agree, you must immediately cease using our Platform and notify us of your refusal to agree by e-mailing us at privacy@amanewyork.org.

  1. Privacy Notice for European Citizens

AMA NEW YORK respects the rights of citizens living within the European Economic Community and the rights afforded to them under the General Data Protection Regulation (GDPR), the following sections are referred to as our Privacy Notice and address additional privileges that EEC users may have under our Privacy Policy.  If you live in a country in the EEC  the services are provided by AMA NEW YORK which is also the data controller responsible for your information when you use our Platform.  Under the GDPR, the data controller has additional obligations to any users who submit PII to us. The GDPR affords the following rights to EEC citizens and persons residing in EEC territories.

 

Legal Rights   Your Rights Under the GDPR
The right to be informed AMA NEW YORK wishes to keep you informed as to what we do with your personal information. We strive to be transparent about how we use your data.
The right to access You have the right to access your information at any time.  Please contact us at privacy@amanewyork.org if you wish to access the personal information AMA NEW YORK holds about you.
The right to rectification If the information AMA NEW YORK holds about you is inaccurate or not complete, you have the right to ask us to rectify it. If that data has been passed to a third party with your consent or for legal reasons, then we must also ask them to rectify the data. Please contact us for more information: privacy@amanewyork.org
The right to erasure Sometimes called ‘the right to be forgotten’. You have the right to request that AMA NEW YORK to erase all your personal data, if you wish to do so please our team: privacy@amanewyork.org
The right to restrict processing You have the right to ask AMA NEW YORK to restrict how we process your data. This means we are permitted to store the data but not further process it. We will only keep enough data to ensure that we can accommodate any additional requests. Please contact our team at: privacy@amanewyork.org
The right to data portability AMA NEW YORK must allow you to port and reuse your personal data for your own purposes across different platforms. Please contact our team if you wish to receive additional information on how to port your data elsewhere: privacy@amanewyork.org. This right only applies to personal data that you have provided to us as a data controller.
The right to object You have the right to object to AMA NEW YORK processing your data even if our processing is due to legitimate purposes as described in our Privacy Notice, if you have any objections please contact our team at: privacy@amanewyork.org
The right to withdraw consent If you have given us your consent to process your data but change your mind later, you have the right to withdraw your consent at any time, and AMA NEW YORK must stop processing your data. If you want to withdraw your consent, please contact our team at: privacy@amanewyork.org

Under the GDPR, you may exercise these rights by contacting us. If we process your information based on our legitimate interests or those of a third party, or in the public interest, you can object to this processing, and we will cease processing your information unless the processing is based on compelling legitimate grounds or is needed for legal reasons. You can also object to our processing of your information by contacting us.

  1. Additional Personal Information Collected

Under the GDPR, personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed or otherwise anonymized.  As such, for the purposes of this Privacy Notice we may collect additional PII, including: your IP address, interactions with the Platform, query information, location information, pricing data, research history, location and GPS information, combined anonymous data, referring URL, browser, application interaction, mobile provider information, operating system, data usage, data transferred, and Internet Service Provider.

 

  1. Legitimate Purposes for Collecting Your PII

The following are the specific legitimate purposes that we may use your PII for:

  • CONTRACT ADMINISTRATION – We may use your PII to (1) negotiate, execute, renew and/or manage a contract with you; (2) process billing information and payments related thereto; and/or (3) communicate with you in respect of the above (including sending (legal) notifications).

 

  • ACCESS AND COMMUNICATIONS TO OUR SOFTWARE AND SERVICES – We may use your PII to (1) set-up and manage your AMA NEW YORK account; (2) interact with you through our Platform (e.g. software updates, Platform announcements, etc.): and/or (3) manage and respond to your questions (e.g. technical, commercial or administrative) or requests for maintenance and support.

 

  • THE USE OF THE PLATFORM – We may use your PII to (1) enable you to enjoy the use of, and easily navigate the Platform; and/or (2) better understand your needs and interests.
  • SHARING WITH THIRD PARTIES – We may use your personal information to share with our partner companies or future affiliates for research, marketing, and other purposes. We may also share your information service providers with whom we contract with such as contractors, web hosts, data providers, and others so that we may provide you any services and allow you to access the Platform. If you wish to find an updated list of third parties we collect and share information with, please contact us.
  • ALLOWING DOWNLOADS FROM THE PLATFORM – We may use your PII to allow you download data or content from the Platform.

 

  • TRAINING & IMPROVEMENTS – We may use your PII to (1) train our employees or contractors to allow for a better Platform experience; and/or (2) improve the Platform.
  • DIRECT MARKETING – We may use your PII to contact you for additional products and services that you may be interested in.
  • INFORMATION THIRD PARTIES PROVIDE ABOUT YOU – We may receive information from other businesses or users about you. For example, when other users submit a company inquiry or create a company profile they may include your information in such an inquiry. We require each of these users and businesses to have lawful rights to collect, use, and share your information before providing any information to us. If you wish to find an updated list of third parties we collect and share information with, please contact us.
  • LEGAL PROCESS – We may share your information: if we believe that disclosure is reasonably necessary to comply with a law, regulation, legal or governmental request; to respond to a subpoena, court order, warrant, or other legal process; to enforce applicable Terms of Service or this Privacy Policy, including investigation of potential violations thereof; to protect the safety, rights, or property of the public, any person, or AMA NEW YORK; to detect, prevent, or otherwise address, security, or technical issues or illegal or suspected illegal activities (including fraud); to transfer in event of sale or merger; or as evidence in litigation in which we are involved, as part of a judicial or regulatory proceeding.
  1. Retention of PII

AMA NEW YORK will only retain your PII for as long as required. We will keep your personal information:

  • For any legally required duration.
  • Until we no longer have a valid reason to keep or use your PII.
  • Upon your request to eliminate, delete, or modify any of you PII stored with us.

Where you have requested modification or deletion of your PII, we may keep just enough of your personal information to ensure that we comply with your requests not use your personal information or comply with your right to erasure.  If you require additional details regarding the retention of your PII please contact us.

  1. Transfer of PII Outside of the EEC

Where your PII is transferred outside of the EEC to areas such as the United States, AMA NEW YORK shall ensure that your PII shall have an adequate level of protection as required under the GDPR, including but not limited to executing Data Protection  Agreements with our processors and that process your information.  These data transfers are necessary to provide the Platform to you. We utilize standard contract clauses and other data protection mechanisms approved by the European Commission, and may rely on the European Commission’s adequacy decisions to transfer your PII to other countries.

  1. Legal Basis for Processing Information

We collect, use, and share the information we have as described above:

  • as necessary to fulfill our Terms of Service;
  • consistent with your consent, which you can revoke at any time;
  • as necessary to comply with our legal obligations;
  • occasionally to protect your vital interests or those of others;
  • as necessary in the public interest; and
  • as necessary for our (or others’) legitimate interests, including our interests in providing a safe and profitable service to our users and partners, except where such interests would be overruled by your compelling interests to your data privacy.
  1. Sharing of Data with Third Parties

Aside from the uses listed within this Privacy Notice, AMA NEW YORK does not share any of your PII with any third parties aside from third parties that are hired by us to assist us in processing your data (Data Processors).  All Data Processors have entered into binding agreements with us to ensure that your rights to your PII are respected.

  1. Contacting Us

If you are covered under this Privacy Notice and have any additional questions, please contact us at: AMA NEW YORK, privacy@amanewyork.org

The mission of the American Marketing Association New York is to inspire, support and celebrate brilliance in marketing. Founded in 1931, the AMA New York is the principal community for marketing professionals across all industries and disciplines in the New York area. Offering programs, monthly events, and interaction with the chapter through volunteer activities, we provide marketers with an opportunity to increase their knowledge and reach in the marketing community. AMA New York is the creator of the Effies, the Greenbook and the new Marketing Hall of Fame, which honors outstanding marketers nationwide.

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