Privacy Policy

Last modified: January 19, 2021

MarinArts, a California incorporated 501(c)(3) nonprofit with a principal place of business in San Rafael, CA (the “Company”, “we,” or “us,” or “our”) welcomes you. We respect your privacy and are committed to protecting it through our compliance with this privacy policy (the “Policy”).

This Policy describes the type of information we may collect from you or that you may provide when you visit one of our events, or browse our website www.marinarts.org, our applications, or one of our social media group pages (collectively, the “Website” or “Site”) and our practices for collecting, using, maintaining, protecting, and disclosing that information (the “Practices”).

Please read the Policy carefully and any periodic updates, so you understand our Practices, regarding your information and how we treat it. If you do not agree with our Practices, your choice is not to use the Website; if you have started to use the Site, immediately remove yourself.  However, by accessing or by continuing to use the Website, you agree to our Practices, the terms of this Policy, and any updates posted. Your use or continued use is deemed to be your acceptance of the Policy and the Practices.

WHAT INFORMATION WE COLLECT

This Policy applies to information we may collect in a variety of ways, by which you may be personally identified, such as your:

  • Name
  • Address(es) – home, business, email, secondary
  • Social media access
  • Telephone numbers – home, business, cell
  • Business info – employer, job position
  • Educational background
  • Credit card information
  • Internet connection, the device you use to access the Internet
  • Internet usage

HOW WE COLLECT YOUR INFORMATION

This Policy applies to the way we may collect your information, such as:

  • Directly from you
    • When you participate in one of our live events.
    • On our Website. This information may include filling in forms, responses to surveys and questionnaires, transaction details when placing an order, search queries, and any content you post.
    • In email, text, and other electronic messages between you and the Site, including any correspondence you send to us.
  • Indirectly from you
    • From third parties, for example, Artsopolis, Constant Contact, Little Green Light, PayPal, Stripe, Facebook, other social media venues.
      Please be aware that these 3rd party websites likely use cookies alone or with other tracking technologies to collect information about you when you use our website. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these 3rd party vendors, their tracking technologies, nor how they use them. You should review their privacy policies and terms of use for information as to their practices.
    • Through mobile and desktop applications you download from the Website, which provide dedicated non-browser-based interaction between you and the Site.
    • When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to our Policy.
    • When you navigate through the Website. Such information may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
  • Publicly available information from government records:
    • This Policy does not apply to private information excluded from our access, such as:
      • Health or medical information covered by
        1. Health Insurance Portability and Accountability Act of 1996 (HIPAA).
        2. California Confidentiality of Medical Information Act (CMIA).
        3. Clinical trial data.
      • Personal information covered by certain sector-specific privacy laws, such as:
        1. California Consumer Privacy Act (CCPA).
        2. Fair Credit Reporting Act (FCRA).
        3. Gramm-Leach-Bliley Act (GLBA).
        4. California Financial Information Privacy Act (FIPA).
        5. Driver’s Privacy Protection Act of 1994.
  • Through automatic data collection technologies
    • As you navigate through and interact with our Website, we may use these technologies to collect information about:
      • Your equipment, browsing actions, and patterns.
      • Details of your visits, such as traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
      • Information about your computer and internet connection, such as IP address, operating system, and browser type.
    • The information we collect automatically is statistical data and may not include personal information. However, we may maintain it or associate it with personal information that we collect, to provide a more personalized customer experience. This allows us to:
      • Estimate our audience size and usage patterns.
      • Store information about your preferences, allowing us to customize our Website according to your individual interests.
      • Speed up your searches.
      • Recognize you when you return to the Site.
    • Technologies we use for this automatic data collection may include:
      • Browser Cookies. A cookie is a small file placed on your computer/device’s hard drive. You may refuse to accept browser cookies by activating the appropriate setting in your browser. However, if you select this setting you may be unable to access certain parts of our Site. Unless you affirmatively reject our cookies or adjust your browser settings, our system will issue cookies when you direct your browser to our Website.
      • Web Beacons. On some of our Website pages and e-mails, there may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs). These web beacons permit Us to count users who have visited certain of our Website pages or opened an email.

HOW WE USE YOUR INFORMATION

This Policy addresses the way we may use your information, such as:

  • To present our Website content.
  • To provide you with information, products, or services that you request.
  • To fulfill any other purpose for which you provide your information.
  • To provide you with notices about your account, such as expiration and renewal.
  • To carry out our obligations and enforce our rights, including for billing and collection.
  • To notify you about changes to our Policy, Practices, and Website.
  • To allow you to participate in interactive features on our Website.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.
  • To notify you about our new products and services, and any changes to them.
  • To contact you about 3rd party goods and services that may be of interest to you.

HOW WE DISCLOSE YOUR INFORMATION

This Policy addresses how we may disclose your information, such as:

  • Aggregated information about our users that does not identify an individual.
  • Personal information that we collect, or you provide as described in this Policy:
    • To our employees, the contractors, and other service providers used to support our business, and who are contractually bound to keep confidential all personal information they acquire, as a result of the work they do for us.
    • To a potential buyer, in the event of a merger, divestiture, restructuring, reorg, dissolution, or other sale or transfer of some or all of our assets, where personal information about our users is among those assets.
    • To our sponsors, affiliates, strategic alliances, subsidiaries, or other 3rd parties, who desire to market their products/services to you if you have consented to or not opted out of these disclosures. We contractually require these 3rd parties to keep personal information confidential and use it only for the purposes for which we disclose it to them.
    • To fulfill the purpose for which you provide it. For example, if you give us an email address to use with the “email a friend” feature, if such a feature is on our Website, we will transmit the contents of that email and your email address to the recipients.
    • For any other purpose disclosed by us when you provide the information.
    • With your consent.
    • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
    • To enforce this Policy, our Terms of Use, and for billing and collection purposes.
    • To protect the rights, property, and safety of the Company, our customers, and others, when we feel it appropriate. This includes exchanging information for the purpose of fraud protection and credit risk reduction.

HERE’S HOW YOU CAN MANAGE YOUR PERSONAL INFORMATION

You have choices, regarding your personal information. We have created mechanisms to provide you with the following control over your information:

  • Tracking technologies and advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
  • Promotional offers from the Company. If you do not wish to have your email address or other contact information used by us to promote our own or a 3rd party’s products or services, you may opt-out by sending us an email at arts@marinarts.org. If you want to unsubscribe from our newsletter sent through Constant Contact, feel free to click on the “unsubscribe” link at the bottom of any newsletter.

As stated earlier, we do not control 3rd parties’ collection or use of your information to serve their interest-based advertising. You are advised to read their policies carefully, so you know your options. You can also access more information on the Network Advertising Initiative website (https://www.networkadvertising.org/).

ACCESSING AND CORRECTING YOUR INFORMATION

At any time, you are free to access your user account and change your information.

DATA SECURITY

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. All payment transactions and any other information will be encrypted using SSL technology.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping your user access information confidential. We ask that you not share your user access information with anyone. We also urge you to be especially mindful when speaking your personal information aloud in a public and social media setting. People waiting to steal your information and identity are listening. Further, when accessing your information through a public Wifi system, that information is viewable by any user utilizing that public Wifi.

YOUR CALIFORNIA PRIVACY RIGHTS

The California Consumer Privacy Act (https://oag.ca.gov/privacy/ccpa) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to arts@marinarts.org or write us at:

MarinArts
Mary O’Mara, Co-Founder &  President
5800 Northgate Mall Ste 250
San Rafael, CA 94903
(415) 233-6945
Marketing@marinarts.org

All notices, comments, questions, feedback, requests for technical support, and other communications relating to the Website should be directed to: arts@marinarts.org.

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Terms of Service

Acceptance of Terms

The web site MarinArts.org (the “Service”) contains material that is protected by international copyright, trademark and other intellectual property laws. Unless otherwise specified, the Service is intended for your personal, noncommercial use only. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including code and software, from the Service. You may download material from the Service and may use the Service for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. By using the Service in any way you are agreeing to comply with these terms, which we may update without notice and encourage you to review at any time.

As part of our Service, MarinArts.org agrees to provide you with information and other computer services subject to these Terms of Service. You agree to use the Service in accordance with these Terms of Service. Accessing our Service, in any manner, for the purpose of obtaining information, technical or otherwise, about the Service constitutes use of the Service such that the party accessing the Service is bound by these Terms of Service. Because the web is an evolving medium, we may need to change these Terms of Service or impose new conditions on use of the Service, from time to time, in which case we will post the revised Terms of Service on this web site. By continuing to use the Service after we post any such changes, you accept the Terms of Service, as modified.

You may establish a hypertext link to this Service so long as the link does not state or imply any sponsorship of your site by MarinArts.org. However, you may not, without the prior written permission of MarinArts.org, frame any of the content of the Service, or incorporate into another web site or other service any intellectual property of MarinArts.org, its parent or affiliate companies or its licensors.

License to MarinArts.org

By posting messages, uploading files, or otherwise providing any material for display on the Service, you are representing that you are the owner of the material, or are making your submission with the express consent of the owner of the material. In addition, when you post a message, upload a file, or otherwise provide us with material for display on the Service, you are granting MarinArts.org a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to:

1. Use, copy, sublicense, adapt, transmit, publicly perform or display any such communication.
2. Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.

The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.

Disclaimers

This Service includes links and pointers to Internet sites, content and services provided by third parties. MarinArts.org’s linking to any third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither MarinArts.org, its parent organization nor their affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Service or on web sites linked to MarinArts.org. The materials, information, products and services offered on or through the Service and any third-party sites are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, MarinArts.org disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. MarinArts.org does not warrant that the Service or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of this Service, including bulletin boards, or the servers that make it available, are free of viruses or other harmful components.

MarinArts.org does not warrant or make any representations regarding the use or the results of the use of the Service or materials in this Service or in third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise. You (and not MarinArts.org) assume the entire cost of all necessary maintenance, repair or correction.

Online Commerce

In addition, MarinArts.org may allow you to purchase many different types of products and services online that are provided by third parties. MarinArts.org is not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the MarinArts.org or on a site linked to by MarinArts.org, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, is collected by the merchant. A merchant may have separate privacy and data collection practices. MarinArts.org has no responsibility or liability for these independent policies. For more information regarding a merchant, its online store, and its privacy policies, return to that merchant’s home page and click on its information links or contact the merchant web site directly. You release MarinArts.org and its affiliates from any damages that you incur, and agree not to assert any claims against them, arising from your purchase or use of any products or services made available by third parties through MarinArts.org.

When you purchase products or services on or through MarinArts.org, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. If you have any questions about these additional terms and conditions, you should contact the merchant of such products or services directly.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Service. You agree to use the Service and to purchase services or products through the Service for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so.

Use of Company Directories

The information contained in any company directories that may be provided on the Service is provided for business lookup purposes and is not to be used for marketing or telemarketing applications. This information may not be copied or redistributed and is provided “as is” without warranty of any kind. In no event will MarinArts.org or its suppliers be liable in any way with regard to such information.

Interactive Features

This Service may include a variety of features, such as bulletin boards, chat rooms, and email services, that allow feedback to MarinArts.org and real-time interaction between users and other features, such as personalized homepages and e-mail services, that allow users to communicate with others. Responsibility for what is posted on bulletin boards, chat rooms and other public posting areas on the Service lies with each user – you alone are responsible for the material you post. MarinArts.org does not control the messages, information or files that others may provide through the Service. It is a condition of your use of the Service that you do not:

  • Restrict or inhibit any other user from using and enjoying the Service.
  • Use the Service to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
  • Use the Service to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
  • Use the Service to post or transmit any information, software or other material that contains a virus or other harmful component.
  • Use the Service to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
  • Use the Service to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without the express written approval of MarinArts.org.
  • Gather for the purpose of spamming e-mail addresses that have been posted by other users of the Service.

You understand that MarinArts.org has no obligation to monitor any bulletin boards, chat rooms, or other areas of the Service through which users can supply information or material. However, MarinArts.org reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in MarinArts.org’s sole discretion are objectionable or in violation of these Terms of Service.

Registration

To use certain features of the Service, you must register with MarinArts.org on the form provided. You agree (a) to provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form, and (b) to maintain and promptly update the information you provide to keep it true, accurate, current and complete. If MarinArts.org has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Our use of any personally identifying information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

Passwords

To use certain features of the Service, you will need a username and password. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. MarinArts.org cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

Classified Advertising

When you submit a classified ad (job, audition, volunteer, for sale, or other posting) for publication on MarinArts.org, you agree that the advertisement as it appears on MarinArts.org becomes the property of MarinArts.org and you assign all ownership interest in the advertisement as it appears on the Service under copyright law or otherwise to MarinArts.org. Submission of an advertisement does not constitute a commitment to publish the advertisement, and publication of an advertisement does not constitute an agreement for continued publication. We will accept only standard abbreviations and require proper punctuation. MarinArts.org reserves the right to edit, reclassify, revise, reject or cancel any advertisement at any time, in its sole discretion. Rates and specifications are subject to change.

Limitation of Liability

Under no circumstances, including, but not limited to, negligence, shall MarinArts.org, its parent organization or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, MarinArts.org materials, products, or services, or third-party materials, products, or services made available through the Service, or any part of the Service, even if MarinArts.org is advised beforehand of the possibility of such damages. (Because some states do not allow the exclusion or limitation of certain categories of damages, the above limitation many not apply to you. In such states, the liability of MarinArts.org, its parent organization or affiliates is limited to the fullest extent permitted by such state law.) You specifically acknowledge and agree that MarinArts.org is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with any MarinArts.org materials, products, or services, or with any of MarinArts.org’s terms and conditions, your sole and exclusive remedy is to discontinue using the Service.

Termination

MarinArts.org may cancel or terminate your right to use the Service or any part of the Service at any time without notice. In the event of termination, you are no longer authorized to access the part of the Service affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Service, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.

Other

This agreement constitutes the entire agreement between MarinArts.org and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third-party that are provided through the Service. In the event of any conflict between any such third-party terms and conditions and these Terms of Service, these Terms of Service shall govern. This agreement shall be governed by and construed in accordance with the laws of the State of Virginia without giving effect to any principles or conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

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