Last updated: October 9, 2020
SwanLogic LLC, d/b/a MemberSpace ("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 need to provide account information, which includes identifiers 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 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 Service and to process your payment. 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 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.
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 needs to provide us with identifiers such as their name, and email address, as well as their password and other custom field data in the registration form that you created.
Information collected automatically
We automatically collect the following internet or other electronic network activity and location information as you use our Service:
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.
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.
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 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/.
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/.
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 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 For EU Individuals: 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.
We process your information for the following purposes as necessary to provide the Services to you and perform our contract with you:
We process your information as a user of our services, but not your customers’ 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 here and here.
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.
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 below and in the Security section, Your Choices With Respect To Your Information section, and Rights Under Privacy Laws section.
Sharing in the preceding 12 months
For a business purpose:
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:
Sale of information
MemberSpace does not sell personal information to third parties.
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.
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.
Transfers of Information from the EEA, Switzerland, or the UK
The following applies to transfers of personal information from the EEA, Switzerland, and the UK:
As the Court of Justice of the EU has invalidated the EU-US Privacy Shield Framework and the Federal Data Protection and Information Commission in Switzerland invalidated the Swiss-US Privacy Shield Framework, we no longer rely on these mechanisms for the transfer of personal data from the European Economic Area (“EEA”) or Switzerland to the US (EU–US Privacy Shield Framework and the Swiss–US Privacy Shield Framework collectively referred to as “Privacy Shield”).
For any transfers of personal information from the EEA, Switzerland, and the UK to the US, we rely on Standard Contractual Clauses executed with each of our clients and subcontractors.
Transfers of Information not from the EEA, Switzerland, or the UK
To the extent that personal information is transferred to the United States from countries other than the countries within the EEA, Switzerland, or the UK, including personal information that is transferred from Canada, we employ similar safeguards such as selecting third party vendors carefully, ensuring personal information will be used and disclosed only as set out in this privacy notice and that it is protected by appropriate security safeguards.
However, in connection with these transfers of personal information, your personal information may be subject to privacy laws that may not provide the same protection as your country of residence. For example, government entities in such other countries may have certain rights to access your personal information. By using the Services, you are consenting to this transfer of your personal information.
Data Protection Governance (Privacy Shield Certification)
Though it no longer relies on Privacy Shield as its method of cross border transfer, as an entity certified under the Privacy Shield, MemberSpace abides by the Privacy Shield Principles as set forth by the U.S. Department of Commerce regarding the collection, use and retention of personal information. 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 information received or processed pursuant to Privacy Shield, when such transfers were permissible, 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, Swiss, and UK 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@example.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 firstname.lastname@example.org.
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.
Our accountability for personal information that we receive in the United States under 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 information 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@example.com.
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://bbbprograms.org/programs/all-programs/bbb-privacy-shield/eu-dispute-resolution 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.
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 firstname.lastname@example.org.
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 email@example.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 firstname.lastname@example.org. 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.
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.
Under GDPR and CCPA: If our processing of your personal information is subject to both the GDPR and the The California Consumer Privacy Act of 2018 (“CCPA”), you have the following rights:
Privacy Rights of Individuals in the EU: If our processing of your personal information is subject to the GDPR, you have these additional rights:
California Privacy Rights: If our processing of your personal information is subject to the CCPA only, you have these additional rights:
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.
You may also submit a request via email to email@example.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.
You can delete your account or request that we delete your account by writing us at firstname.lastname@example.org.
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:
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@example.com.
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.
625 Washington Street
Hoboken, NJ 07030