Last Updated August 30, 2019
- through Websites or kiosks when you sign up or create an account in connection with our education, Membership or other services;
- through our social media pages and apps located at Facebook, Instagram, Twitter, and YouTube. (collectively, our “Social Media Pages”);
Collectively, we refer to the Websites, Apps, Portal, Social Media Pages, and email messages as the “Services.”
“Personal Information” is information that identifies you as an individual or relates to an identifiable individual, such as:
- Postal address
- Telephone number
- Email address
- Credit or debit card number
COLLECTION OF PERSONAL INFORMATION
We and our service providers collect Personal Information in a variety of ways, including:
- Through the Services
We collect Personal Information through the Services, such as when you sign up for a newsletter, register an account to access the Services, or make a purchase.
We collect Personal Information from you offline, such as when you visit our venues, attend one of our tours, concerts, lectures, or other events, place a ticket order, or contact any NYBG representatives.
- From Other Sources
We receive your Personal Information from other sources, for example:
– entities that license our location for an event,
– publicly available databases, and
– joint marketing partners.
USE OF PERSONAL INFORMATION
We and our service providers use Personal Information for legitimate business purposes including:
- Providing the functionality of the Services and fulfilling your requests.
– To provide the Services’ functionality to you, such as arranging access to your account and providing related customer service.
– To respond to your inquiries and fulfill your requests, such as when you send us questions, suggestions, compliments or complaints, or request a brochure or other information.
– To complete your transactions and provide you with related customer service.
– To send administrative information to you, such as changes to our terms, conditions, and policies.
– To allow you to send messages to another person if you choose to do so.We will engage in these activities to manage our contractual relationship with you and/or to comply with a legal obligation.
- Providing you with our newsletter and other marketing and/or fundraising materials and facilitating social sharing.
– To send you marketing and/or fundraising related emails or physical mail, with information about us and our products and services.
– To facilitate social sharing functionality that you choose to use.We will engage in this activity with your consent or where we have a legitimate interest.
- Analysis of Personal Information for business reporting and providing personalized services and communications.
– To analyze or predict our users’ preferences in order to prepare aggregated trend reports on how our digital content is used, so we can improve our Services.
– To better understand you, so that we can personalize our interactions with you and provide you with marketing, fundraising or other information and/or offers tailored to you.
– To better understand your preferences so that we can deliver content via our Services that we believe will be relevant and interesting to you.We will provide personalized services, information and/or offers either with your consent or because we have a legitimate interest.
- Allowing you to participate in sweepstakes, contests, or other promotions.
– We may offer you the opportunity to participate in a sweepstakes, contest, or other promotion.
– Some of these promotions have additional rules containing information about how we will use and disclose your Personal Information.We will engage in these activities to manage our contractual relationship with you.
- Aggregating and/or anonymizing Personal Information.
– We may aggregate and/or anonymize Personal Information so that it will no longer be considered Personal Information. We do so to generate other data for our use, which we may use and disclose for any purpose.
- Accomplishing our business purposes.
– For data analysis, for example, to improve the efficiency of our Services;
– For audits, to verify that our internal processes function as intended and are compliant with legal, regulatory, and/or contractual requirements;
– For fraud and security monitoring purposes, for example, to detect and prevent cyberattacks or attempts to commit identity theft;
– For developing new products and services;
– For enhancing, improving, or modifying our current products and services;
– For identifying usage trends, for example, understanding which parts of our Services are of most interest to users;
– For determining the effectiveness of our promotional and fundraising campaigns, so that we can adapt our campaigns to the needs and interests of our customers and stakeholders; and
– For operating and expanding our business activities, for example, understanding which parts of our Services are of most interest to our users so we can focus our energies on meeting our users’ interests.We engage in these activities to manage our contractual relationship with you, to comply with a legal obligation, and/or because we have a legitimate interest.
DISCLOSURE OF PERSONAL INFORMATION
We disclose Personal Information:
- To our third-party service providers, to facilitate services they provide to us.
– These can include providers of services such as Membership mailings, website hosting, data analysis, payment processing, order fulfillment, information technology and related infrastructure provision, customer service, email delivery, auditing, and other services.
- To third parties, to permit them to send you marketing, and/or fundraising communications.
- To third-party sponsors of sweepstakes, contests, and similar promotions.
- By using the Services, you may elect to disclose Personal Information.
– You may choose to disclose your Personal Information on message boards, chat, profile pages, blogs, and other services to which you are able to post information and content (including, without limitation, our Social Media Pages). Please note that any information you post or disclose through these services may be available to other users and the general public.
OTHER USES AND DISCLOSURES
We also use and disclose your Personal Information as necessary or appropriate, especially when we have a legal obligation or legitimate interest to do so:
- To comply with applicable law and regulations.
– This can include laws outside your country of residence.
- To cooperate with public and government authorities.
– To respond to a request or to provide information we believe is important.
– These can include authorities outside your country of residence.
- To cooperate with law enforcement.
– For example, when we respond to law enforcement requests and orders or provide information we believe is important.
- For other legal reasons.
– To enforce our terms and conditions; and
– To protect our rights, privacy, safety, or property, and/or that of our affiliates, you, or others.
- In connection with a sale or business transaction.
– We have a legitimate interest in disclosing or transferring your Personal Information to a third party in connection with any reorganization, merger, joint venture, assignment, transfer, or other disposition of all or any portion of our business or assets (including in connection with any bankruptcy or similar proceedings).
“Other Information” is any information that does not reveal your specific identity or does not directly relate to an identifiable individual.
- Browser and device information
- App usage data
- Software usage information
- Information collected through cookies, pixel tags, and other technologies
- Demographic information and other information provided by you that does not reveal your specific identity
- Information that has been aggregated in a manner such that it no longer reveals your specific identity
COLLECTION OF OTHER INFORMATION
We and our service providers may collect Other Information in a variety of ways, including:
- Through your browser or device:
– Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Mac), screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version, and the name and version of the Services (such as the Apps) you are using. We use this information to ensure that the Services function properly.
- Through your use of the Apps
– When you download and use the Apps, we and our service providers may track and collect App usage data, such as the date and time the Apps on your device accesses our servers and what information and files have been downloaded to the Apps based on your device number.
- Using cookies
- Using pixel tags and other similar technologies
– Pixel tags (also known as web beacons and clear GIFs) and other similar technologies may be used to, among other things, track the actions of users of the Services (including email recipients), measure the success of our marketing campaigns, and compile statistics about usage of the Services and response rates.
- IP Address
– Your IP address is automatically assigned to your computer by your Internet Service Provider. An IP address may be identified and logged automatically in our server log files whenever a user accesses the Services, along with the time of the visit and the page(s) that were visited. Collecting IP addresses is standard practice and is done automatically by many websites, applications, and other services. We use IP addresses for purposes such as calculating usage levels, diagnosing server problems, and administering the Services. We may also derive your approximate location from your IP address.
USES AND DISCLOSURES OF OTHER INFORMATION
We may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. In some instances, we may combine Other Information with Personal Information. If we do, we will treat the combined information as Personal Information as long as it is combined.
We use third-party advertising companies to serve advertisements regarding goods and services that may be of interest to you when you access and use the Services and other websites or online services.
We seek to use reasonable organizational, technical, and administrative measures to protect Personal Information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in accordance with the “Contacting Us” section below.
Choices and Access
Your choices regarding our use and disclosure of your Personal Information
We give you choices regarding our use and disclosure of your Personal Information for marketing purposes. You may opt-out from:
- Receiving email marketing from us: You may opt out of receiving marketing email from us by following the instructions contained in each such email message. [You may also change your email preferences by contacting us at nybg.org/about/contact/.]
- Receiving telemarketing calls from us: You may opt out of receiving telemarketing calls from us using the contact information in the section entitled “Contacting Us,” below.
- Our sharing of your Personal Information with unaffiliated third parties for their direct marketing purposes: If you prefer that we discontinue sharing your Personal Information on a going-forward basis with unaffiliated third parties for their direct marketing purposes, please send your request to us at the contact information in the section entitled “Contacting Us,” below.
We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out of receiving marketing-related emails from us, we may still send you important administrative messages, from which you cannot opt-out.
How you can access, change, or delete your Personal Information
If you would like to request to review, correct, or update Personal Information that you have previously provided to us, you may do so using the contact information in the section entitled “Contacting Us,” below. We will respond to your request consistent with applicable law.
In your request, please make clear what Personal Information you would like to have changed, whether you would like to have your Personal Information suppressed from our database, or otherwise let us know what limitations you would like to put on our use of your Personal Information. For your protection we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable.
Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion (e.g., when you make a purchase, you may not be able to change or delete the Personal Information provided until after the completion of the transaction).
We retain Personal Information for as long as needed or permitted in light of the purpose(s) for which it was obtained and consistent with applicable law.
The criteria used to determine our retention periods include:
- The length of time we have an ongoing relationship with you and provide the Services to you (for example, for as long as you have an account with us or keep using the Services);
- Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); or
- Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation, or regulatory investigations).
In addition, we are not responsible for the information collection, use, disclosure, or security policies or practices of other organizations, such as Facebook, Apple, Google, Microsoft, Blackberry, or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider, or device manufacturer, including with respect to any Personal Information you disclose to other organizations through or in connection with the Apps or our Social Media Pages.
Use of Services by Minors
The Services are not directed to individuals under the age of sixteen (16), and we do not knowingly collect Personal Information from individuals under 16.
Jurisdiction and Cross-Border Transfer
Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, and, by using the Services, you understand that your information will be transferred to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies, or security authorities in those other countries may be entitled to access your Personal Information.
We ask that you not send us, and you not disclose, any sensitive Personal Information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, or criminal background) on or through the Services or otherwise to us.
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The New York Botanical Garden
2900 Southern Boulevard
New York, NY 10458
Because email communications are not always secure, please do not include credit card or other sensitive information in your emails to us.