Privacy Policy

This Privacy Policy (the “Policy”) explains how The Foundation for Art & Healing collects and utilizes your personal information through your use of our website at artandhealing.org (the “Site”), including any data you may provide when you sign up for our newsletter, upload any personal information to us when you use any of our online features including, but not limited to, commenting on the General Content, or Film Related Content, or making a donation to the Foundation.

This Policy is part of the Terms of Use governing your use of the Site. Terms not defined in this Policy are defined in the Terms of Use. It is important that you review this Policy together with the Terms of Use so that you understand your rights and obligations when you visit the Site.

It is important that you read this Policy together with any other privacy policy or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. If there is any contradiction between this Policy and these other statements, those other statements will control.

This Policy Is Subject to Change

The Foundation reserves the right to make changes to how we collect and use your personal information and data in the future.  If we do make any changes, unless we obtain your written consent, those changes will apply on a prospective basis only.

Nothing in this Policy is intended to limit the ability of the Foundation to merge with or be acquired by a third party.  Any third party acquiring the Foundation will comply with the terms of this Policy until it is amended or modified and will not be free to use any information collected via the Site prior to the acquisition in any manner inconsistent with the Policy as it existed as of the date of the acquisition.

For these reasons, it is imperative that you review this Policy periodically to ensure you remain aware of any changes.  Your access of the Site after any such change will be deemed consent to this Policy as modified.

What Personal Data Do We Collect?

Generally, we do not collect personal information about you unless you provide it to us.  For instance, if you sign up for our newsletter, make a donation, or post a comment about one of the Films you can stream on the Site, we will collect the information you provide us in connection with those activities.   Generally, the types of information we collect falls into the following categories:

  1. Identity Data includes first name, last name, username or similar identifier, and gender.
  2. Contact Data includes email address and delivery address.
  3. Technical Data includes your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
  4. Profile Data includes your username and password, book subscriptions, your genre preferences, feedback and survey responses.
  5. Usage Data includes information about how you use our website, products and services.
  6. Marketing and Communications Data includes your preferences in receiving communications from us.
  7. Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate Usage Data to calculate the percentage of users accessing a specific Film or other General Content. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

How Do We Collect Personal Data?

We use different methods to collect data from and about you including through:

  1. Identity Data and Contact Data.  We only collect this information if and when you provide it to us directly on the Site.
  2. Automated technologies or interactions. As you interact with our websites, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, and other similar technologies. We may also receive this type of information from service providers, in particular those in your country or region. Please see the section on cookies below for further details.
  3. Third parties or publicly available sources. We may receive personal data about you from various third parties such as Facebook or Instagram. However, unless you use the matching screen names on Facebook and the Site by following us on Facebook we will not be able to match your Facebook data with data collected via the Site.

 

How May We Use Your Personal Data?

The Foundation uses the Identity Data and Contact Data to provide you the requested information or content.  For instance, if you sign up for our newsletter we will use your Identity and Contact Data to send you the newsletter.   We will also use this information to send you other information that we believe you may find of interest.   You can always opt out of these emails by following the Unsubscribe link at the bottom of any bulk email sent from the Foundation.

Additionally, we will use your personal data in the following circumstances:

  1. Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. For instance, if we believe that someone is trying to hack into the Site, we may use the Identify Data we have collected to try and identify the wrongdoer.
  2. Where we need to comply with a legal or regulatory obligation.
  3. Any other circumstance where using the Identify and Contact Data is necessary to preserve the integrity and security of the Site or the Foundation.

As noted above, we use other Data collected via the Site including your Identify and Contact Data on an Aggregated basis for many purposes including but not limited to:

  • Generating general statistical information about our site, such as number of visitors, pages viewed, etc.,
  • Tracking how visitors use our Content including when they access that content and by what type of device and location,
  • Developing new Content or expanding the nature of the Content offered on the Site,
  • Providing network security and preventing fraud.

 

Changes to Our Purposes for Collecting Your Information

We all know that technology is constantly evolving.   We reserve the right to use your personal data collected via the Site in connection with any new technologies if it is simply an extension of the use we are currently making of that data. For instance, if new technologies enable the aggregation of data in new ways, that would be an extension of the use we are currently making.    Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

You always have the right to withdraw consent to marketing at any time by contacting us using the contact details below.

Third-Party Communication of Your Personal Information

The Foundation does not sell or rent your personal information to any third party.    If you make a donation to the Foundation via the Site, we use a third party to process that transaction but they are contractually bound to not use this data for any other purpose.

The Site contains links to other websites. The Foundation is not responsible for the privacy practices or the content of such websites. Please visit the privacy policies and terms of use of these third-party sites in order to understand their privacy and data collection practices.

 

Our Practices Regarding Collection and Use of Your Personal Data

  1. Promotional offers from us: You will receive communications from us if you have requested information from us or subscribed to services from us or if you provided us with your details when you entered a competition or registered for a promotion and, in each case, you have not opted out of receiving those communications. We reserve the right to use this information to provide you with information about third parties’ goods and services that we believe, based on the data we have collected about you, that is likely to be of interest to you.
  2. Opting out: you can ask us to stop sending you marketing messages at any time by following the opt-out links on any message sent to you or by contacting us at any time. Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of other transactions you make on the Site.
  3. Cookies are small text files that we place in visitors’ computer browsers to store their preferences. Our cookies themselves do not contain any personal information. Our cookies may reference the personal information you provided during registration. We reference the information you provided via an encrypted identifier. Where we link these unique identifiers with your personal information, we will treat the unique identifiers as personal information as long as they are linked. We use both session ID cookies and persistent cookies. We use session cookies to make it easier for you to navigate our site. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser’s “help” file. You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly.
  4. Registration and Passwords: When you register or otherwise join in programs offered on the Site, we use the registration information you provided to contact you if you lose your password or contact you about updates and changes.

 

Disclosures of Your Personal Data

We may have to share your personal data with the parties set out below for the purposes set out above. We require all third parties to respect the security of your personal data and to treat it in accordance with the applicable laws and regulation. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

  1. Data security. We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
  2. Data retention. We will only retain your personal data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
  3. Your legal rights in connection with your personal data: Under certain circumstances, you have rights under data protection laws in relation to your personal data.
    1. Request access to your personal data. This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
    2. Request correction of your personal data. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
    3. Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it.
    4. Object to processing of your personal data. You may object to the processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which overrides your rights and freedoms.
    5. Request restriction of processing your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
    6. Right to withdraw consent. Where we are relying on consent to process your personal data, you may withdraw that consent. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent. If you wish to exercise any of the rights set out above, please contact us using the contact details above.
    7. What we may need from you. We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Do Not Track Browser Preferences

The Foundation does not currently recognize and process Do Not Track signals from different web browsers. For more information on Do Not Track please visit http://www.allaboutdnt.org/.

Your California Privacy Rights

Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of personal information we share with third parties or corporate affiliates for those third parties or corporate affiliates’ direct marketing purposes. That notice will identify the categories of personal information shared with third parties and used for direct marketing purposes and the name and address of the third parties that received such personal information. If you are a California resident and want a copy of this notice, please submit a written request to the following address: [email protected]. In your request, please specify that you want a “Your California Privacy Rights Notice.” Please allow 30 days for a response.

Social Media

The Foundation maintains a social media presence on Facebook, Twitter, Instagram, LinkedIn and other social media outlets.   If you follow us or “like” us or retweet our posts we may obtain information about you from that social media platform.  Our collection and use of personal information from those social media sites is governed by the terms and conditions and privacy polices of those respective sites.  To the extent those sites permit, we may combine information we learn about you on these sites with the information we gather on the Site.

 

Contact Details

If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact us using the details set out below.

[email protected]

 

This Policy was last updated on 1/11/2019

The Foundation for Art & Healing