Last updated: December 18th, 2018
SwanLogic LLC, d/b/a 320NY ("us", "we", or "our") operates https://www.memberspace.com website (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.
Information you provide to us:
Through your use of the Service, 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.
We collect information from you when you:
Open an account: In order to use the Service as our customer, you would need to provide account information which includes contact information, such as your name, e-mail address, physical address, telephone number, billing information, such as your credit or debit card information; and information about your organization. We use Stripe, a third party provider to process the credit card information and only retain the last four digits of the card as well as the card brand.
We need this information in order to provide you with the Service. If you do not provide this information we would not be able to provide the Service to you.
Interact with our Service: 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 such as your name and email address.
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.
We collect information from your customers when they:
Use the registration forms our Services facilitate for you. To complete the registration forms we facilitate for you, your customer would need to provide us with their name, email, password, and other custom field data in the registration form which you created.
Information collected automatically:
We automatically collect the following types of information as you use our Service:
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.
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 Service and we use the following types of cookies. To learn how you can control information collected about you using cookies and other technologies see here.
We use “Google Analytics” and Mixpanel 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 and Mixpanel 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. The Google Analytics and Mixpanel products we use collect only anonymized IP addresses for IP's located in the European Union ("EU").
We allow our third party provider Intercom, to place cookies and collect information from users in order to facilitate the chat function on our website. Here is a link to Intercom's privacy notice: https://www.intercom.com/terms-and-policies.
We use the information we collect about you to provide the Service, 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.
To the extent EU data protection law applies to our processing of personal data 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 data 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.
We process your information for the following purposes as necessary to provide the Services to you and perform our contract with you:
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 below.
We share your information with certain third parties, including our service providers that facilitate our Service, 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 in the sections below.
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.
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 data 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.
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.
The following applies to transfers of personal information from the EEA or Switzerland:
We will conduct any transfers of personal information from the European Economic Area (EEA) or from Switzerland to the US in compliance with the EU–US Privacy Shield Framework and the Swiss–U.S. Privacy Shield Framework (“Privacy Shield”) as set forth by the U.S. Department of Commerce regarding the collection, use and retention of personal information from European Union member countries and Switzerland transferred to the United States pursuant to Privacy Shield. We have certified to the Department of Commerce that we adhere to the Privacy Shield Principles with respect to such data. If there is any conflict between the policies in this Privacy Notice and data subject rights under the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov.
With respect to personal data received or transferred pursuant to Privacy Shield, We are subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission.
If we become subject to an FTC or court order based on non-compliance, we will make public any relevant Privacy Shield-related sections of any compliance or assessment report submitted to the FTC, to the extent consistent with confidentiality requirements.
Pursuant to the Privacy Shield Frameworks, EU and Swiss individuals have the right to obtain our confirmation of whether we maintain personal information relating to you in the United States. 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 Privacy Shield, should direct their query to [email protected]. If requested to remove data, we will respond within a reasonable timeframe. See below 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 [email protected]
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.
Our accountability for personal data that we receive in the United States under the Privacy Shield and subsequently transfer to a third party is described in the Privacy Shield Principles. In particular, we remain responsible and liable under the Privacy Shield Principles if third-party agents that we engage to process the personal data on our behalf do so in a manner inconsistent with the Principles, unless we prove that we are not responsible for the event giving rise to the damage.
In compliance with the Privacy Shield Principles, we have committed to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to Privacy Shield. European Union and Swiss individuals with Privacy Shield inquiries or complaints should first contact us at [email protected].
We have further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint. This service is provided free of charge to you.
If your Privacy Shield 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 Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction.
The laws in the United States may not be as protective of your privacy as those in your location. For example, United States law does not provide you with the right to access, modify and delete personal information in all cases. Further, government entities in the United States may have certain rights to access your personal information. When transferring personal information to and processing personal information in the United States we will implement appropriate safeguards and process the personal information in accordance with the terms of this Privacy Notice. By using our website or our Services, you agree to the transfer and processing of your personal information to the United States.
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 [email protected].
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 rights (described below) and the option to complain as described below.
We will retain your information after your account is deleted under the circumstances described below.
Delete your account: You may request that we delete your account by contacting us at [email protected]. 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 below.
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 [email protected]. We will continue to send you notifications necessary for the Services related to this e-mail address.
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.
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.
Mixpanel: Certain information is collected about you by Mixpanel. You can opt-out of Mixpanel’s automatic retention of data collected through your browsers by clicking here https://mixpanel.com/optout/. To track opt-outs Mixpanel uses a persistent opt-out cookie placed on your devices. Mixpanel opt-out cookies will not prevent any other data collection methods. If you get a new computer, install a new browser, erase or otherwise alter your browser’s cookie file (including upgrading certain browsers) they may also clear the Mixpanel opt-out cookie
If EU data protection law applies to our use of your information, you have rights that are explained below. The rights available to you depend on the reason for our use of your information.
If you are a customer of our customer: We have no direct relationship with our customers’ customers or end users whose personal data we process. If you are a customer 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 above.
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 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.
You can delete your account or request that we delete your account by writing us at [email protected].
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. To read more about specific reasons we would retain some data for longer periods of time see below:
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 [email protected].
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.
We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites or Services.
This website and 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 a child under the age of 16 has provided personal information to us, please contact us using the information below, and we will delete that information from our databases.
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.
If you have any questions about this Privacy Notice, please contact us: [email protected]. Phone: 201-499-5193, Address: 625 Washington Street, Hoboken, NJ 07030.