Privacy Policy

Purpose of this Notice

This privacy notice explains our approach to any personal information that you might supply to us (or that might be collected from you) in connection with your use of The New York Botanical Garden (“NYBG” or “the Garden”) and sets out your rights in respect of NYBG processing of your personal information.

This privacy notice will inform you how you can verify which of your personal information is collected by us through the Garden web site and on-site wifi, how you can request that we delete, update or transfer it.

This privacy notice is intended to assist you in making informed decisions when using the Gardens Web site. Please take a moment to read and understand it.

Please also note that this privacy notice only applies to the use of personal information collected by us from your use of the Garden Web site, NYBG_Guest wifi, or during your communications with us. It does not apply to personal information collected during your communications with third parties.

Types of Information Collected

NYBG does not collect any personal information about individuals—such as names and postal or e-mail addresses—except when such information is knowingly provided to the Garden. Personal information might be obtained from online transactions such as purchases or membership subscriptions. Additionally, personal information may be transmitted as part of a form submission or in connection with other activities, services, or resources made available on our site. Any personal identification information retrieved by the Garden must be voluntarily submitted by the user.

The Garden’s Web site does collect some anonymous “non-personally identifiable” aggregate information about visitors automatically when pages on our Web site are requested through a browser. This information is used for statistical purposes and to help us monitor how guests navigate our site, allowing us to tailor our services for the majority of visitors. Non-personally identifiable information may refer to information about our visitors’ browsers, operating systems, Internet Service Providers, or other similar information.

The Garden’s Web site collects Internet Protocol (IP) addresses as a component of the non-personally identifiable aggregate information. An IP address is a number assigned to your computer by a Web server when you’re on the Internet. This information is used only for non-user-specific purposes such as determining how many users visited a specific area of our site. This personal information allows us to deliver more helpful information, services and tools.

Such information could, if necessary, be used to identify a user in order to comply with safety and/or security issues or with legal requirements.

We may collect through our use of cookies, pixels, beacons, log files and other technologies personal information regarding your mobile device, computer hardware and software used to access the Garden Web site. This may include the following:

  • IP address of device(s) used;
  • browser type;
  • operating system and device type;
  • approximate location (e.g. New York City);
  • access times and dates; and
  • referring website addresses

On-Site Wireless Internet

The Garden offers complimentary wifi access to users that opt-into the NYBG_Guest wifi. If a user does not click on the box agreeing to the Privacy Policy and Terms of use, then that user will not be connected through the complimentary NYBG_Guest wifi.

To use the complimentary NYBG_Guest wifi, users are asked to provide an email address for the following purposes. At any time, a user can log-off of the NYBG_Guest wifi and contact the Garden to remove any personal data and contact information collected.

The Information the Garden Collects through NYBG_Guest wifi

The Garden may collect different types of personal and other information based on your use of the Service and its business relationship with you. Some examples include:

Contact Information that allows the Company to communicate with you, including your name, address, telephone number, and e-mail address. Equipment, performance, viewing and other technical Information about your use of the Service.

How the Garden Uses the Information from NYBG_Guest wifi

The Garden may use the information collected in a variety of ways, including to provide you with the best customer experience possible; to respond to your questions; communicate with you regarding the Service updates; deliver customized content that may be of interest to you; address network integrity and security issues; investigate, prevent or take action regarding illegal activities, violations of the Privacy Policy; and provide local directory and directory assistance.

Location Information from NYBG_Guest wifi

The Garden monitors, collects and uses your wireless location information, as well as other information obtained from the network and your device, to provide you with wireless voice and data services, and to maintain and improve the network. You can use your wireless device to obtain a wide array of services based on the approximate location of the device, referred to as Location-Based Services, or LBS. The information you receive in connection with your use of LBS may include advertisements related to your request and your location at the Garden.

Online Activity Tracking for NYBG_Guest wifi

The Garden collects information about your activity for a number of purposes using technologies such as cookies, Flash cookies, Web beacons, widgets and server log files.

The Garden uses that information, as well as other information they have or we may have, to help tailor the Garden communication you see on our sites and what you receive via the contact information provided.

How Information is Used

Any personal information provided to the Garden is maintained and accessible only by the Garden unless the Garden expressly states otherwise.

The following are examples of how the Garden may use the personal information it collects:

  • If you made a purchase at the Garden’s online store, the required personal information (similar to that provided during a telephone or mail-order purchase) will be used to complete your order.
  • If you indicated that you were interested in receiving Garden-related news and information, you might receive e-mails that we feel may be of interest to you.
  • Contact you to answer any questions that may be submitted
  • Develop and improve the Gardens Web Site – we may use your personal information on an anonymized basis to analyze, benchmark and conduct research on users and their interactions with the Garden’s Web site.
  • Internal record keeping and legal compliance. We may use your personal information for internal record keeping purposes and to check you comply with the Terms of Use.
  • Marketing information, where you consent, we may use your personal information to contact you by e-mail about our exhibitions, general information, courses, and programs
  • Sharing personal information with professional advisors, governmental authorities to comply with our legal obligations, or to enforce our legal rights; or to protect
  • Any other purposes for which we wish to use your personal information will be notified to you from time to time including the legal basis of such use.

The following is an example of how the Garden may use the non-personally identifiable information it collects:

  • Aggregate data could be analyzed to describe the collective characteristics and behaviors of online visitors and subsequently be used to further optimize the effectiveness of our site.

How Do We Obtain Your Consent?

Where use of your personal information by us requires your consent, you can provide such consent at the time we collect your personal information following the instructions provided; or by informing the Garden by e-mail using the contact details set out in this privacy notice.

Our online Privacy Policy for children

The Garden does not knowingly collect personally identifying information from anyone under the age of 13 unless it first obtains permission from that child’s parent or legal guardian.

With Whom Information is Shared

The Garden may share with trusted third parties information you provide when becoming a Member. If you prefer not to have your personally identifiable information shared in this way, you may check the box indicating your preference on the form you fill out to become a Member. Additionally, you may e-mail or write the Garden at the addresses below to review the information collected about you, to request corrections, or to let us know your preference about sharing your information.

How long do we keep your personal information for?

We keep your personal information only for as long as necessary to fulfil the purpose it was collected for, where we need to in relation to proving legal relationships or to comply with any of our legal obligations.

Access to Your Information

The Garden retains user information in our secure databases. If you would like to access, transfer, review, or correction of or to your Personal Information, or to request that it be deleted or restricted in use, please contact us or update your preferences.

Confidentiality and security of your personal information

We are committed to keeping the personal information you provide us secure and we will take reasonable precautions to protect your personal information from loss, misuse or alteration.

We have implemented information security policies, rules and technical measures to protect the personal information that we have under our control from unauthorized access; improper use or disclosure; unauthorized modification; and unlawful destruction or accidental loss.

All our employees and data processors (i.e. those who process your personal information on our behalf, for the purposes listed above), who have access to, and are associated with the processing of personal information, are obliged to respect the confidentiality of the personal information of all users of the Garden.

Security

The Garden protects all personally and non-personally identifiable information that it receives via the Internet against unauthorized access.

In addition, the Garden’s Web site uses Secure Sockets Layer (SSL) encryption to process purchases made on its online store and ticketing systems. By using this technology, online customers can feel confident that their personal information is protected from interception by any third party. Sensitive credit card information is not permanently stored on any NYBG Web server and though your order information is retained for our records, this information is never shared with other companies or persons.

What is a secure connection?

When a secure connection is established between your browser and a Web site, any data that is transferred over the connection will be encrypted to prevent it from being viewed by a third party. Secure Sockets Layer (SSL) encryption, the standard for most browsers and servers, makes it very difficult for anyone to intercept or decode messages exchanged over this type of secure connection.

Browsers such as Netscape Communicator and Internet Explorer display an image of a locked padlock in their status bar when connected to a secure site. Secure transactions are also indicated when the prefix in the location bar of your browser switches from http:// to https://. If you do not see the padlock at the bottom of your browser’s window, if the padlock is unlocked, or if the protocol in the location bar is not listed as https://, then any data exchanged with the Web site is potentially visible to others.

Depending on your browser, you may be able to view authentication information about a secure page by double-clicking on the locked padlock in the status bar. For more information on how your software establishes a secure connection, see the help files for your particular browser.

Sensitive credit card information related to ticket purchases is stored in an encrypted database on a secure NYBG server. For other transactions with NYBG, credit card information is not permanently stored on any NYBG Web server and though your order information is retained for our records, this information is never shared with other companies or persons.

Cookies

A cookie is a small text file that is sent to your browser from a Web site and stored on your computer’s hard drive. Cookies can’t read data from your hard disk or read cookie files that were created by other sites—the Web site that creates a cookie is the only one a browser will permit to access it.

Examples of ways in which the Garden might use cookies would be to control access to certain user features, location beacons, log files, to customize content areas, or to analyze site activity and user behavior. The Garden also reserves the right to use cookies in the future in conjunction with new content or extended functionality.

If you are concerned about the use of cookies, the Garden suggests that you explore your browser’s options to notify you whenever a cookie is set, or to disallow cookies altogether. Users should be aware, however, that prohibiting the use of cookies may restrict the user’s access to certain types of content or features.

Links to Other Sites

Users may find content on the Garden’s site that links to the sites and services of our partners, sponsors, or other third parties. In many cases, these links represent cooperative projects or are established with persons or entities that have a significant connection to or relationship with our site. Although every effort is made to ensure that any referrals are to reputable and relevant sources, the Garden does not control the content or links that appear on these sites. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies, or no policy at all. The Garden maintains a policy against the non-consensual collection or sharing of personal information and encourages visitors to review the privacy policies of any sites they visit to ensure their personal information is being protected.

Policy Changes

Occasional changes may be made to this document as new services and content are added to our site or to reflect changes in the Garden’s policies. Visitors to the Garden’s Web site are encouraged to check this document periodically to stay informed of current NYBG privacy guidelines.

Intellectual Property Rights

In or to the materials and information made available through the Garden Web site are either owned by the Garden or licensed to the Garden by our third-party partners. We do not grant any express or implied right to use the materials or information made available through the Garden Web site and nothing in this Privacy Policy shall be construed as an assignment of any Intellectual Property Rights in or to such materials or information. All our rights are hereby expressly reserved.

Any material and information that is downloaded or printed and information made available from the Garden Web site may only be used for your personal and non-commercial purposes; the material and information shall not be reproduced or included in any other work or publication in any medium without the written permission of the Garden; the material and information may not be modified or altered in any way; the material and information may not be distributed or sold to any third party; you may not remove any copyright or other proprietary notices contained in the material or the information.

We do not give any rights in relation to Intellectual Property Rights in any product or service that you purchase from or via the Website. The term “Intellectual Property Rights” shall be taken to mean all patents, registered and unregistered trademarks and service marks, domain names, registered designs and design rights, copyright (including such rights in computer software and databases), database rights and moral rights (in each case for the full period thereof and extensions, revivals and renewals thereof), applications for the foregoing and the right to apply for any of the foregoing anywhere in the world, and all similar rights anywhere in the world including those subsisting in inventions, designs, drawings and computer programs.

Acceptance of Terms

By using the Garden’s Web site, you signify your acceptance of our Privacy Policy. If you do not agree to this policy, please do not use our site. Your continued use of any NYBG site following the posting of changes to these terms will indicate your acceptance of those changes.