Privacy Policy

SwanLogic LLC, d/b/a MemberSpace (“us”, “we”, or “our”) operates https://www.memberspace.com (the “Service(s)”).

This privacy notice informs you of how we collect, use and disclose personal information when you use our Services and of your rights and choices in connection with this. Please see our Terms and Conditions for other terms governing the use of our Services.

1. Information We Collect

The specific types of information we collect will depend upon the Services you use, how you use them, and the information you choose to provide. The types of data we collect directly from you includes:

• Identifiers, such as name, address, telephone number, and email address
• Billing information, such as shipping address, credit or debit card number, verification number, and expiration date, collected by our payment processors on our behalf
• Commercial information, such as information about purchases or other transactions with us
• Customer service information, such as information about your customer service and maintenance interactions with us
• General geolocation information, such as city, state, or zip code.
• User-generated content you post in public online forums on our Services or disclose to other users
• Sensitive Personal Information, which we only collect and process in accordance with applicable law, such as log-in credentials, if you create an account, and contents of communications made via the Services
• Any other information you choose to directly provide to us in connection with your use of the Services.

We collect information from you in several ways:

When you provide the information to Us: Through your use of or interaction with the Services, we collect personal information, which is information that identifies you as an individual or relates to you as an identifiable individual. While we do not require you to provide personal information in order to navigate our website, we will need to collect personal information when you use our Services or if you choose to engage in certain activities on our website.

When you open an account: In order to use the Services as our customer, you need to provide account information, which includes information that may identify you, and financial information. We use Stripe, a third party provider, to process your credit card information and only retain the last four digits of the card and the card brand. We need this information in order to provide you with the Services and to process your payment. If you do not provide this information, we would not be able to provide the Services to you.

When you interact with our Services: When you engage with us on our various social media platforms, or send us any feedback, questions, comments, suggestions, ideas, or interact with us in any way, you provide us with personal information including identifiers such as your name and email address, as well as any other personal information you choose to include in such communications. The personal information we collect will not include any national identifiers, passport numbers, social security numbers etc. or any information that reveals racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric, data concerning health or data concerning an individual’s sex life or sexual orientation.

Please note that information you provide to us through feedback, surveys, suggestions etc., without the parts that identify you, will be treated as non-confidential and non-proprietary and we may use it and share it with third parties.

When information is collected automatically: We automatically collect the following internet or other electronic network activity and location information as you use our Services:

• Usage Information: which of the pages on our website you access, the frequency of access, how much time you spend on each page, what you click on while on our website, when you accessed the website.
• Referral status: whether you were referred to our Services by one of our business partners.
• Location Information: information about your estimated location as may be determined from the IP Address.
• Device Information: information about the device you are using, such as hardware model, operating system, application version number, browser, and IP addresses.

We collect your usage information, referral status, location information, and device information in order to provide the Services. We also collect this information to track usage of our Services in order to determine how to best provide the Services and to provide targeted advertising, as explained below.

When needed for third party services: MemberSpace uses a limited number of third party service providers to assist us in providing services to our customers such as, helping with certain technical operations, transmission of data, and data storage services. These third parties may process or store personal data in the course of providing their services. MemberSpace maintains contracts with these third parties restricting their access, use, and disclosure of personal data in compliance with our DPF obligations. To the extent provided by the DPF principles, MemberSpace remains responsible and liable under the DPF if a third party that MemberSpace engages to process personal information on its behalf does so in a manner inconsistent with the DPF Principles, unless MemberSpace proves it is not responsible for the matter giving rise to the damage.

When you use community features: When you use community features (like posting or commenting), your content and associated profile information will be visible to other members of that community. Other members may copy, share, or save your content. We cannot control how others use your content once shared. We may retain deleted posts and related metadata for a limited period for moderation, legal compliance, or safety purposes.

Cookies And Other Technologies

We collect this information using cookies and similar technologies. Cookies are small pieces of text sent to your web browser by a website you visit. A cookie file is stored in your web browser. Cookies can be “persistent” or “session” cookies. Persistent cookies remain on your personal computer or mobile device when you go offline, while session cookies are deleted as soon as you close your web browser. We use first party cookies, which are cookies that we place on your device ourselves, and third party cookies, which are cookies that we allow third parties to place on your device.

How we use cookies

When you use and access the Services, we may place a number of cookies files in your web browser.

We use both session and persistent cookies on the Services and we use the following types of cookies. To learn how you can control information collected about you using cookies and other technologies see Your Choices With Respect To Your Information below.

• Essential cookies. We use essential cookies to authenticate users (both you and your customers) and prevent fraudulent use of user accounts.
• Preferences cookies. We use preferences cookies to remember information that changes the way the Service behaves or looks, such as the “remember me” functionality of a registered user or a user’s language preference.
• Analytics cookies. Our analytics providers, such as Google, use cookies as part of their tools. These analytics cookies allow us and our analytics providers to recognize and count the number of visitors to the website, see how visitors interact with the website, see how visitors engage with different functions, and see when visitors are using the website. This information helps us to improve our website. We use this information so that we can make improvements to the Services. We also use analytics cookies to test pages, features or new functionality of the Services to see how our users react to them. For more information about Google Analytics, see Google Analytics and Help Scout below. You may opt-out of the use of these analytics cookies by following the instructions in Your Choices With Respect To Your Information below.
• Referral cookies: we allow our business providers to place a cookie on your device that allows us to see whether they had referred you to us and shares this information with Stripe, our third party payment processor.
• Advertising cookies: Advertising cookies are used to track visitors across websites. They use information collected from your browsing across different devices and website to display ads that may be more relevant to you based on your interests as inferred from the information.

Using Third-Party Analytics Platforms: We may use third-party web analytics services on our Services to collect and analyze usage information through cookies and similar tools; engage in auditing, research, or reporting; assist with fraud prevention; try to locate the same unique users across multiple browsers or devices to better tailor services and features; and provide certain features to you. These analytics providers include:

Google Analytics: We use Google Analytics to collect some information we listed above about your use of the Services. We use the information we get from these providers to improve the Services. In order to collect this information, Google Analytics may set cookies on your browser or mobile device, or read cookies that are already there. Google Analytics may also receive information about you from apps you have downloaded, that partner with Google. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Google’s ability to use and share information collected by Google Analytics about your visits to the website or to another application that partners with Google is governed by the Google Analytics Terms of Use and the Google Privacy Policy. Please review those policies here: https://policies.google.com/technologies/partner-sites for information about how Google uses the information provided to Google Analytics and how you can control the information provided to Google. To prevent your data from being used by Google Analytics, you can download the Google Analytics opt-out browser add-on for Google Analytics, which can be found here: https://tools.google.com/dlpage/gaoptout. The Google Analytics products we use collect only anonymized IP addresses for IP’s located in the European Union (“EU”).

Help Scout: We allow our third party provider Help Scout, to place cookies and collect information from users in order to facilitate the chat function on our website. Here is a link to Help Scout’s privacy notice: https://www.helpscout.com/company/legal/privacy/.

Mixpanel: We use Mixpanel to collect and analyze usage information through cookies and similar tools to collect information for users in order to optimize our products and services. Here is a link to Mixpanel’s privacy program information: https://mixpanel.com/legal/privacy-policy/.

Facebook Pixel: We use Facebook Pixel to customize our advertising and to serve you ads on your social media based on your browsing behavior. This allows your behavior to be tracked after you have been redirected to our Services by clicking on the Facebook ad. The Facebook Pixel stores a cookie on your device to enable us to measure the effectiveness of Facebook ads for statistical and market research purposes. We do not have access to the information collected through the Facebook Pixel. However, the information collected via the Facebook Pixel is also stored and processed by Facebook. Facebook may link this information to your Facebook account and also use it for its own promotional purposes in accordance with Facebook’s Data Usage Policy. The Facebook Pixel also allows Facebook and its partners to show you advertisements on and outside of Facebook. You can opt-out of displaying Facebook ads and sharing by visiting your Facebook Ad Settings, and you can clear and control the information third parties share with Facebook in your Off-Facebook Activity page. If you do not have a Facebook account, you can opt-out of Facebook ads through the Digital Advertising Alliance.

A list of the cookies we use, their purpose and the information they collect can be found here https://www.memberspace.com/privacy/cookie-policy/.

2. How We Use Your Information

We use the information we collect about you to: provide the Services, to communicate with you, to provide technical support, and, with respect to information collected from you (but not from your customers) to improve our Services and customer relations.

• Provide Services: We use your personal information to provide the Services, including to create and maintain your user account and process your payment.
• Communicate and provide technical support: We use personal information to communicate with you about the Services, to send you account updates or other communications regarding your account or to inform you of any changes to our website or Services, and to provide you support or other Services you request. For example, we may need your information to provide technical support or answer questions about the Service.
• Improve our Services: We use your information to analyze the usage of the Services, and improve, upgrade, or enhance the Services that are owned, manufactured, manufactured for, or controlled by us.

We process your information for the following purposes as part of our legitimate interest in the improvement and marketing of our Services as well in the security of our Services. We apply appropriate safeguards to protect your information as described throughout our Privacy Policy.

• Communicate about new features: We send you notifications about new features or information available on our Services or that we feel might be of interest to you. Email support@memberspace.com to learn how you can opt out of receiving these communications at any time.
• Maintenance and Improvement: We use personal information to identify your interests and needs in order to provide you with more personalized, relevant, and intelligent services. We also use information that we collect to diagnose any problems with our website and to improve the user experience.
• Benchmarking: We aggregate personal information for the purpose of research and benchmarking. For example, to calculate the percentage of users in a particular ZIP code.

In our processing of your information, we also share your personal information to defend our rights and those of others, to efficiently maintain our business and to comply with the law as described in How We Share Your Information below.

To the extent EU data protection law applies to our processing of personal information about you or your employees/representatives as a customer of ours, we act as the “data controller”. To the extent EU data protection law applies to our processing of personal information about your customers in the course of providing the Services to you we serve as the “data processor” and process information in accordance with the instructions of our customers.

If you have any questions regarding the processing of your personal information or you wish to exercise your rights under EU data protection law please refer to Rights Under Privacy Laws below.

If you are an employee, customer or end user of one of our customers who wishes to exercise any rights, please contact our customer and we will handle your request in accordance with their instructions.

3. How We Share Your Information

General sharing
We share your information with certain third parties, including our service providers that facilitate our Services, and as necessary to comply with our legal obligations. The legal basis for this is our legitimate interest in providing the Services, complying with the law and protecting our rights and those of others. We apply appropriate safeguards for this sharing of your information as described below and in the Security section, Your Choices With Respect To Your Information section, and Rights Under Privacy Laws section.

• Advertising: We use Facebook Pixel to customize our advertising and to serve you ads on your social media based on your browsing behavior. A link to Facebook Pixel’s privacy policy is https://www.facebook.com/about/privacy/. To opt out click here. You can opt-out of displaying Facebook ads and sharing by visiting your Facebook Ad Settings, and you can clear and control the information third parties share with Facebook in your Off-Facebook Activity page. If you do not have a Facebook account, you can opt-out of Facebook ads through the Digital Advertising Alliance.
• Service Providers: We share information with service providers that help us perform Website functions and administer our Services.
  
  • We use Stripe to process payment card information. A link to Stripe’s privacy notice is here https://stripe.com/privacy.
  • We use Google Analytics to conduct data analytics on usage of our Services. A link to the Google privacy notice is https://policies.google.com/privacy.
  • We use Help Scout to facilitate the chat function on our website. A link to Help Scout’s privacy policy is https://www.helpscout.com/company/legal/privacy/.
  • We also use service providers to provide data storage, email services, cloud documents and software monitoring. A list of these processors and their privacy notices is here.
• Corporate Structure: In the event that we enter into, or intend to enter into, a transaction that alters the structure of our business, such as a reorganization, merger, acquisition, sale, joint venture, assignment, consolidation, transfer, change of control, or other disposition of all or any portion of our business, assets or stock, we would share personal information with third parties, including the buyer or target (and their agents and advisors) for the purpose of facilitating and completing the transaction. We would share personal information with third parties if we undergo bankruptcy or liquidation, in the course of such proceedings.
• To Prevent Harm: We will share information if we believe it is necessary to detect, investigate, prevent, or take action against illegal activities, fraud, or situations involving potential threats to the rights, property, or personal safety of any person.
• Legal Purposes: We will share information where we are legally required to do so, such as in response to court orders, law enforcement or legal process, including for national security purposes; to establish, protect, or exercise our legal rights or contractual obligations; to defend against legal claims or demands; or to comply with the requirements of any applicable law.
• With Your Consent: Apart from the reasons identified above, we may request your permission to share your personal information for a specific purpose. We will notify you and request consent before you provide the personal information or before the personal information you have already provided is shared for such purpose. You may revoke your consent at any time.
• Third Party Integrations: During onboarding, you may choose to create a free website using our integration partner, Pop Site. If you opt in, we will share your email address and selected MemberSpace subdomain with Pop Site to automatically create your website and embed MemberSpace functionality.

This integration is completely optional and only occurs with your explicit consent during onboarding. Pop Site is an independent platform governed by its own privacy policy and terms of service. MemberSpace is not responsible for how Pop Site handles your data once shared.

If you wish to delete your Pop Site account or any personal data held by Pop Site, please contact them directly. MemberSpace cannot delete or access data stored on Pop Site’s platform.

Sharing information in the preceding 12 months: In the preceding 12 months, we have disclosed the following categories of personal information for a business purpose with the following categories of third parties:

• We have disclosed your identifiers, internet or other electronic network, billing information, and location information to data analytics providers, operating systems, and other third parties to help us perform services, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing marketing services, providing analytics services, providing email communications, providing delivery services, and hosting our Services.
• We have disclosed your identifiers, geolocation information, and internet or other electronic network information to data analytics providers to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, and to identify and repair website errors that impair functionality.
• We have disclosed your identifiers, internet or other electronic network information, and location information to data analytics providers and operating systems to help us undertake activities to verify or maintain the quality or safety of a service that is owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance the service that is owned, manufactured, manufactured for, or controlled by us.
• We have disclosed your identifiers, location information, and internet or other electronic network information to data analytics providers and operating systems to undertake internal research for technological development and demonstration.

Sale of information: In the preceding twelve (12) months, MemberSpace has shared your internet or other electronic network activity information collected via cookies and other tracking technologies with Google, to provide data analytics services. In the preceding twelve (12) months, MemberSpace has also shared your internet and website browsing activity with Facebook to customize our advertising and to serve you ads on your social media based on your browsing behavior. Such sharing can be deemed a sale under the California Consumer Privacy Act. To opt-out of this sharing, please visit Do Not Sell My Personal Information click here

4. Security

We implement and maintain reasonable security procedures and practices appropriate to the nature of the information we store, in order to protect it from unauthorized access, destruction, use, modification, or disclosure. We have implemented various policies including, encryption, access, and authentication to guard against unauthorized access to personal information in our systems.

Please be aware that no method of transmission over the internet, or method of electronic storage is 100% secure and we are unable to guarantee the absolute security of the Personal Information we have collected from you.

5. Additional Privacy Information for EU Residents

If you are located outside United States and choose to provide information to us, please note that we transfer the information, including personal information, to United States and process it there.

Data Protection Governance

MemberSpace complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. MemberSpace has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF .MemberSpace has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.

Upon request, we will provide you with access to the personal information that we hold about you. You may also may correct, amend, or delete the personal information we hold about you. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data transferred to the United States under Data Privacy Framework, should direct their query to privacy@memberspace.com. If requested to remove data, we will respond within a reasonable timeframe. See Your Choices With Respect To Your Information section for more information.

We will provide an individual opt-out or opt-in choice before we share your data with third parties other than our agents, or before we use it for a purpose other than which it was originally collected or subsequently authorized. To request to limit the use and disclosure of your personal information, please submit a written request to privacy@memberspace.com.

In certain situations, we may be required to disclose personal information in response to lawful requests by public authorities, including in order to meet national security or law enforcement requirements. For more information, see the How We Use Your Information section.

In compliance with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF), MemberSpace commits to resolve complaints about our collection or use of your personal information transferred to the U.S. pursuant to the EU-U.S. DPF, the UK extension to the EU-U.S. DPF, and the Swiss-U.S. DPF. EU, UK, and Swiss individuals with inquiries or complaints should first contact MemberSpace at privacy@memberspace.com.

MemberSpace has further committed to refer unresolved DPF Principles-related complaints to a U.S.-based independent dispute resolution mechanism, BBB NATIONAL PROGRAMS. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://bbbprograms.org/dpf-complaints for more information and to file a complaint. This service is provided free of charge to you.

If your DPF complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See https://www.dataprivacyframework.gov/framework-article/ANNEX-I-introduction

The Federal Trade Commission has jurisdiction over MemberSpace’s compliance with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF).

6. Your Choices With Respect To Your Information

Access, correct or delete your information: You may access your account to access, correct or delete the information you provided to us and which is associated with your account by logging into your account or by emailing us at support@memberspace.com.

In the event that we refuse a request under rights of access, we will provide the individual with a reason as to why. Individuals residing in the EU also have the rights described in the Rights Under Privacy Laws section, and to complain as described in the Rights Under Privacy Laws section. Individuals residing in California also have additional rights described in the Rights Under Privacy Laws section.

We will retain your information after your account is deleted under the circumstances described in the How Long We Keep Your Information section.

Delete your account: You may request that we delete your account by contacting us at support@memberspace.com. If you choose to delete your account, we will begin the process of deleting your account from our systems. We will retain your information after your account is deleted under the circumstances described in the How Long We Keep Your Information section.

Emails: You can opt-out of receiving promotional e-mails from us by clicking the “unsubscribe” link provided in each e-mail or by contacting us at support@memberspace.com. We will continue to send you notifications necessary for the Services related to this e-mail address.

Advertising Cookies: Please visit our cookie policy page for the ability to change your preferences and see a list of all cookies. In general, to disable cookies and limit the collection and use of information through them, you can set your browser to refuse cookies or indicate when a cookie is being sent. To opt-out of interest based advertising generally or to learn more, you can visit the Network Advertising Initiative or the Digital Advertising Alliance.

Facebook Pixel: See https://www.facebook.com/about/privacy/ for information about how Facebook Pixel uses the information it collects from us. You can opt-out of displaying Facebook ads and sharing by visiting your Facebook Ad Settings, and you can clear and control the information third parties share with Facebook in your Off-Facebook Activity page.

Google Analytics: See https://policies.google.com/technologies/partner-sites for information about how Google uses the information provided to Google Analytics and how you can control the information provided to Google. To prevent your data from being used by Google Analytics, you can download the Google Analytics opt-out browser add-on for Google Analytics which can be found here: https://tools.google.com/dlpage/gaoptout.

Help Scout: See https://www.helpscout.com/company/legal/privacy/ for information about how Help Scout uses the information it collects from us and through public databases, and your choices with respect to Help Scout’s collection of such information.

All cookies: You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. The Help feature on most browsers provide information on how to accept cookies, disable cookies or to notify you when receiving a new cookie. If you do not accept cookies, you may not be able to use all of the features we offer, you may not be able to store your preferences, and some of our pages might not display properly.

• For the Chrome web browser, please visit this page from Google: https://support.google.com/accounts/answer/32050
• For the Internet Explorer web browser, please visit this page from Microsoft: https://support.microsoft.com/kb/278835
• For the Firefox web browser, please visit this page from Mozilla: https://support.mozilla.org/en-US/kb/delete-cookies-remove-info-websites-stored
• For the Safari web browser, please visit this page from Apple: https://support.apple.com/guide/safari/manage-cookies-and-website-data-sfri11471/mac
• For any other web browser, please visit your web browser’s official web pages.

7. Rights Under Privacy Laws

US State Rights:

If you live in certain U.S. states (currently including California, Colorado, Connecticut, Delaware, Indiana, Iowa, Kentucky, Maryland, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Rhode Island, Tennessee, Texas, Utah and Virginia) you may have legal rights with respect to your information. The types of requests you may be able to make are as follows:

• Access to the information that MemberSpace has collected about you and a copy of certain information in a portable format
• Confirmation that we are processing your information
• Correct certain information we have about you
• Deletion of the information we have about you
• Opt-out of automated processing of information that has significant or other legal effects

If you have provided consent for us to use your information for a specific purpose, you may also request to withdraw that consent.

In addition:

• California and Oregon residents can request information about the categories of Personal Data we collect, disclose or sell or share about you; California residents can request the sources of such information, the business or commercial purpose for collecting or selling or sharing your information; and the categories of third parties to whom we disclose information. Such information is also set forth in this Privacy Policy.
• Oregon and Minnesota residents can request a list of the specific third parties, other than natural persons, to which we have disclosed information.

You may make a request by emailing us at privacy@memberspace.com. Before we disclose, correct or delete information in response to any of these requests, we will need to verify your identity. Depending on the nature of your request, we may contact you for further information if appropriate to verify your identity.  Note, however, that MemberSpace will never ask you for sensitive personal or financial information when verifying your identity, and no MemberSpace employee will ask you to tell them your password.   If you are an authorized agent submitting a request on their behalf, we may require proof of the written authorization you have received before processing the request.

Certain information may be exempt from such requests under applicable law.  For example, if the request prevents us from completing a transaction you initiated, interferes with our legal obligations, affects legal matters including a MemberSpace user’s rights to data contained in their account, we cannot verify your identity, or compliance with your request is not legally required and would involve disproportionate cost or effort.  But in any event we will respond to your request within a reasonable timeframe and provide you with an explanation.  If we deny your request in whole or in part, the laws in your jurisdiction may provide you with rights to appeal our response.  If applicable, we will provide you with information about your appeal options in our response to you.

MemberSpace will not discriminate against anyone that makes a rights request, but in some cases we will not be able to provide our Services to you without that information.

If you are a resident of Virginia, Kentucky, Maryland, Minnesota, Montana, Oregon, Rhode Island, Tennessee, Texas, Indiana, Colorado, or Connecticut, and we deny your information request, you have the right to appeal our denial. You can exercise this right by contacting us at the contact details provided at the bottom of this Privacy Policy. Your description must include your full name and the email address used for your account with us, along with a copy of the denial notice you received from us.

Opt out of sale of and disclosure of information for online targeted advertising.  Subject to applicable laws as discussed further below, MemberSpace allows third parties to receive certain information such as cookies, IP address, device identifiers, hashed contact information, browsing behavior, and/or other activity to enable the delivery of targeted advertising to you.  These activities may qualify as the “sale” of personal information or “sharing” or processing of personal information for targeted advertising, as defined in applicable law.

Residents of the U.S. states listed above may opt out of the sale of personal information or sharing or processing of their personal information through cookies, pixels, and similar online tools for targeted advertising by clicking on the “Manage Cookie Settings” link.  If you have a legally recognized browser-based opt out preference signal turned on via your device browser (such as Global Privacy Control), we recognize such preference in accordance and to the extent required by applicable law.  Note, if you use a cookie blocker such as Ghostery, it may block visibility of this tool. You can also use an authorized agent to submit a request to opt-out on your behalf if you provide the agent written permission to do so.  We may require the agent to submit proof that you have authorized them to submit an opt-out request.

If you opt out, you may still receive advertising, it just may not be tailored to your interests.  Please note, if you use different browsers, devices, or services you will need opt out on each browser or device where you want your choice to apply.

Sensitive Data Opt Out/Opt-In Right.  To provide you with more relevant online advertising regarding MemberSpace’s Services, as described immediately above, we may use information about the treatments you have requested or received and similar information.  This may include the processing of information that is considered “sensitive data” or “sensitive personal information” under applicable laws (collectively referred to herein as “sensitive data”).  You have a right to limit or opt out of our use of sensitive data for purposes other than to provide the Services you request or as otherwise permitted by law, including our and our partner’s processing of sensitive data for tailored advertising purposes.  To opt-out from such additional purposes, please visit the “Manage Cookie Settings” page.  Depending on your jurisdiction, we may ask for your consent before using your sensitive data. If you consent and subsequently change your mind, you can opt out on the “Manage Cookie Settings” page above.  Note that we do not use sensitive personal information for tailored advertising purposes in Maryland, Washington, or Nevada, in accordance with applicable privacy laws in those states.

Marketing preferences

You may instruct us not to use your contact information to contact you by email, postal mail, or phone regarding products, services, promotions and special events that might appeal to your interests by contacting us using the information below. In commercial email messages, you can also opt out by following the instructions located at the bottom of such emails. Please note that, regardless of your request, we may still use and disclose certain information as permitted by this Privacy Policy or as required by applicable law. For example, you may not opt out of certain operational emails, such as those reflecting our relationship or transactions with you.

Information for California Residents

If you are a California resident, the California Consumer Privacy Act (“CCPA”) requires us to provide you with the following additional information about: (1) the purpose for which we use each category of “personal information” and “sensitive personal information” (as defined in the CCPA) we collect; and (2) the categories of third parties to which we (a) disclose such information for a business purpose, (b) “share” information for “cross-context behavioral advertising,” and/or (c) “sell” such information. Under the CCPA, “sharing” is defined as the targeting of advertising to a consumer based on that consumer’s personal information obtained from the consumer’s activity across websites, and “selling” is defined as the disclosure of personal information to third parties in exchange for monetary or other valuable consideration.  We “share” information to provide more relevant and tailored advertising to you regarding our Services.  Our use of third-party analytics services and online advertising services may result in the sharing of online identifiers (e.g., cookie data, IP addresses, device identifiers, and usage information) in a way that may be considered a “sale” under the CCPA.  Please see the following chart for the rest of this information:

Please note that the ways we use your information may also differ depending on applicable legal obligations, such as where you opt out of a particular use, we will no longer use your information for that purpose.

Shine the Light Disclosure. The California “Shine the Light” law gives residents of California the right under certain circumstances to request information from us regarding the manner in which we disclose certain categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes. We do not disclose your personal information to third parties for their own direct marketing purposes.

Exercising Your Rights: If you are a customer of our customer: We have no direct relationship with our customers’ customers or end users whose personal information we process. If you are a customer, employee or end user of one of our customers, and you would like to access, amend or delete your data, then you need to contact our customer (the “data controller”) directly and we will respond within a reasonable period of time to any such request by our customer.

If you are our customers: You may access your MemberSpace account to access, correct, amend, or delete the information as explained in the Rights Under Privacy Laws section.

To opt-out of sharing via cookies or similar technologies please click here.

You may also submit a request via email to privacy@memberspace.com or contact us via our live chat on our website. Your request should contain a detailed, accurate description of the data you want access to. For your protection, we may need to verify your identity before responding to your request, such as verifying that the email address from which you send the request matches your email address that we have on file. If we are not able to verify your identity for access and deletion requests with the information provided, we may ask you for additional pieces of information. You may only make a verifiable consumer request for access under the CCPA twice within a 12-month period.

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information under the CCPA. If you are an authorized agent making a request on behalf of another individual, you must provide us with documentation of your registration with the California Secretary of State, as well as written documentation that you are authorized to act on behalf of that individual.

We aim to respond to your request for access or deletion requests under the CCPA within forty-five (45) days of receiving the request. If we need more time to respond to your request, we will let you know of the reason and the extension period in writing.

If you need further assistance regarding your rights, please contact us using the contact information provided below and we will consider your request in accordance with applicable law. In some cases, our ability to uphold these rights for you may depend upon our obligations to process personal information for security, safety, fraud prevention reasons, compliance with regulatory or legal requirements, or because processing is necessary to deliver the Services you have requested. Where this is the case, we will inform you of specific details in response to your request.

Texas Residents

NOTICE: We may sell your sensitive personal data (by serving you with online advertising relevant to your use of MemberSpace if you have provided consent).

Nevada Residents

Under Nevada law, certain Nevada consumers may opt out of the sale of “personally identifiable information” for monetary consideration (as such terms are defined under Nevada law) to a person for that person to license or sell such information to additional persons. We do not engage in such activity; however, if you are a Nevada resident who has purchased Services from us, you may submit a request to opt out of any potential future sales under Nevada law by emailing us at privacy@memberspace.com. Please note we will take reasonable steps to verify your identity and the authenticity of the request. Once verified, we will maintain your request in the event our practices change.

Under GDPR: If our processing of your personal information is subject to the GDPR you have the following rights:

• The right to access: You have the right to ask us for copies of your personal information. This right has some exemptions, which means you may not always receive all the information we process.
• The right to erasure: You have the right to ask us to erase your personal information in certain circumstances.
• The right to rectification: You have the right to ask us to rectify information you think is inaccurate. You also have the right to ask us to complete information you think is incomplete.
• The right to restrict processing: You have the right to ask us to restrict the processing of your information in certain circumstances.
• The right to object to processing: You have the right to object to processing if we are able to process your information because the process is in our legitimate interests.
• The right to data portability: This only applies to information you have given us. You have the right to ask that we transfer the information you gave us from one organization to another, or give it to you.
• The right to lodge a complaint with the supervisory authority. A list of Supervisory Authorities is available here: https://ec.europa.eu/info/law/law-topic/data-protection_en.

8. How Long We Keep Your Information

You can delete your account or request that we delete your account by writing us at support@memberspace.com.

We will retain your information until the earlier of (i) the information is no longer necessary to accomplish the purpose for which it was provided; or (ii) you delete your account as stated above. We will retain your customer’s information under the end of the Services engagement with you or pursuant to a legally binding request for erasure or as otherwise set forth in a binding agreement between us. We retain your information or that of your customer for longer periods for specific purposes to the extent that we are obliged to do so in accordance with applicable laws and regulations and/or as necessary to protect our legal rights or for certain business requirements.

Below are some more specific reasons we would retain some data for longer periods of time:

• Security, fraud & abuse prevention – i.e. to protect you, other people, and us from fraud, abuse, and unauthorized access.
• Financial record-keeping – when you make a payment to us we are often required to retain this information for a longer period of time for purposes of accounting, dispute resolution and compliance with tax, anti-money laundering, and other financial regulations.
• Complying with legal or regulatory requirements – to meet any applicable law, regulation, legal process or enforceable governmental request, as required to enforce our Terms and Conditions, including investigation of potential violations.
• Direct communications with us – if you have directly communicated with us, through a customer support channel, feedback form, or a bug report, we may retain reasonable records of those communications.

Even if you delete your account, keep in mind that the deletion by our third party providers may not be immediate and that the deleted information may persist in backup copies for a reasonable period of time. For any privacy or data-protection-related questions, please write to privacy@memberspace.com.

9. Do Not Track Disclosure

We do not support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.

You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser. For further details, visit https://www.eff.org/issues/do-not-track.

10. Links To Other Sites

Our Services may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the privacy policy of every site you visit.

We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites or Services.

11. Children’s Privacy

Our Services are not intended for individuals under the age of eighteen (18) years. Accordingly, we do not knowingly collect or share information from children without parental or guardian consent. If you have reason to believe that an individual under the age of 18 has provided personal information to us, please contact us using the information below, and we will delete that information from our databases.

12. Changes To This Privacy Notice

We may change this Privacy Notice from time to time. We will post the changes to this page, and will indicate the date they go into effect. We encourage you to review our Privacy Notice to stay informed. If we make changes that materially affect your privacy rights we will notify you of the changes by posting a prominent notice on our website or using other methods that we select, such as sending you an email.

13. Contact Us

If you have any questions about this Privacy Policy, please contact us: support@memberspace.com.

Mailing Address
MemberSpace
625 Washington Street
Hoboken, NJ 07030