Privacy Policy

Last updated: September 21, 2018

This Privacy Policy tells you how we collect, use, and share information, including Personal Information on the websites owned and/or managed by Fractured Atlas, Inc. that link to this document (collectively the "Sites"), effective as of the date posted above. By using the Sites and submitting information you agree to the terms of this Policy. For the purposes of the EU General Data Protection Regulation 2016/679 (the “GDPR”) the data controller is Fractured Atlas, Inc., whose registered office is at 248 West 35th Street, 10th Floor New York, NY 10001.

“Personal Information” is any information that enables us to identify you, directly or indirectly, such as your email address, name, shipping and billing address, telephone number, company name, credit card information, any form of identification number or one or more factors specific to your physical, physiological, mental, economic, cultural or social identity.

Information collected and how it is used

We automatically collect information when you visit the Sites including your device's IP address, and basic statistics about how you use the Sites.

We collect Personal Information that you submit when visiting the Sites including registration information (your name, email address, postal address, telephone number, etc.), contact information if you sign up for our newsletter or contact us with an inquiry (email address, telephone number), payment card information if you make a donation or purchase (name, billing and shipping address, card information, email and telephone number), or other information as needed to provide particular programs or services (e.g., insurance applications, applications for fiscal sponsorship, venue data for one of our space directories, etc.). All registered account holders are required to create a user password that, combined with your login email address, allows access to your account. This Personal Information is used to identify you as a registered user.

We store your Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements and rights, or if it is not technically and reasonably feasible to remove it.

We use the collected Personal Information for our legitimate business and operational interests and to improve our programs and services in support of our charitable mission, for example:

We use your Personal Information according to the terms of the Privacy Policy in effect at the time of our use. We will process your Personal Information where (1) you have provided your consent which can be withdrawn at any time, (2) where the processing is necessary for the performance of a contract to which you are a party (for example, we will share your Personal Information with other members with whom you have entered into a transaction), (3) where we are required by law, (4) where processing is required to protect your vital interests or those of another person, or (5) where the processing is necessary for the purposes of our legitimate commercial interests, except where such interest are overridden by your rights and interests.

Technical Information

We may collect information about how you connect (such as browser type and version, operating system, IP address, device type, time zone setting and Internet domain), the pages you viewed or searched for, page times, download errors, duration of page visit, page interaction information and any phone number used to call our customer service number, and location information (with your permission). We do not treat this information as Personal Information, except where the information can identify you when associated with other Personal Information we hold or where we are required to do so under applicable law.

Access from Outside the United States

Fractured Atlas stores data on servers located in the United States. Your Personal Information will be processed by us in the United States where laws regarding data protection may be less stringent than those in other countries. By using Fractured Atlas's services and by allowing us to collect information about you all users, including without limitation users in Canada and the European Union, fully understand and unambiguously consent to the collection, transfer, processing and storage for any Personal Information as described in this Privacy Policy.

Cookies

We use cookies and similar technology to collect aggregate (non-personal) information about Sites usage by all of our visitors and to help us distinguish you from other users and to remember you and your preferences when you revisit the Sites. These cookies may stay on your browser into the future until they expire or you delete them by logging out or clearing your browser's cached data.

The types of cookies we may use on our Website include:

Your use of our Site will be deemed to be your consent to the placement of cookies on your computer or other devices. If you prefer not to receive cookies through our Site, you can set your browser to either reject all cookies, to allow only “trusted” websites to set them, or to accept only those cookies from those sites you are currently on. Unless you have adjusted the setting of your browser so that it will refuse cookies, our system may issue cookies when you log on to our Website. If your browser is set to reject cookies, or if your browser notifies you that you are about to receive a cookie and you reject it, then your use of the Website may not be as efficient as it would be if the cookie were enabled, and some parts of the Website may not work at all.

We do not currently use technology that recognizes a "do-not-track" signal from your web browser.

How we handle sensitive information

Making a donation or purchase through the Sites requires that you provide credit card information. Certain other services, such as applying for insurance, require that you provide social security or employer identification numbers. These are examples of "sensitive information" that must be treated with extra caution.

Our policy is not to store sensitive information except when it is necessary to do so. For example, we do not store full credit card numbers after transmitting them to our payment processing vendor.

When it is necessary to store sensitive information, such as the tax ID number associated with a fiscally sponsored project, we generally store it an encrypted format. This ensures that, in the highly unlikely event that our database were breached, the attacker would have a very hard time accessing the information in a useful format.

When sensitive information must be transmitted over the internet, such as when we send a credit card number to our payment processing vendor, it is transmitted over encrypted channels, making it much more difficult for an attacker to intercept and steal.

Children's privacy

The Sites are neither designed nor intended to be attractive for use by children under the age of 13. We do not knowingly collect information from children under the age of 13. If you are under 13 please do not submit any information to us.

Accessing your information and your choices

  1. Transactional emails are specific to you and your relationship with Fractured Atlas. They include things like purchase receipts, program notifications, and dues rebilling reminders.

  2. Bulk emails are sent to many individuals at the same time. They include things like our Announcements list, the CultureFlash newsletter, and other periodic newsletters.

You can choose not to receive bulk emails from us by "unsubscribing" using the instructions in any such email you receive from us. However, we need to send transactional emails in order to provide our programs and services, so you can't unsubscribe from those.

You can choose to delete or block cookies by setting your browser to either reject all cookies or to allow cookies only from selected sites. If you block cookies, however, you won't be able to login to the Sites and certain other features may not function as well.

Sharing your information with third-parties

Your privacy is important to us. We will never share your personal information with advertisers or other third-parties, with certain limited exceptions:

  1. Some member services require that we share information with third-party service providers, such as insurance companies who underwrite the policies offered through our insurance program or third-party contractors and payment processors who perform services for us in connection with the Website, or to complete or confirm a transaction or series of transactions that you conduct with us. We may also disclose information to service providers or suppliers if the disclosure will enable that party to perform business, professional or technical support for us, including, for example, survey and contest administration, processing of application information, marketing partners, analytics services and research services who provide sufficient guarantees of security of your information; these providers are permitted to use the information in order to provide the services to us but are contractually not permitted to use the information for their own unrelated purposes. In such cases, we share only the minimum information required to provide the service in question, and only with the specific third-parties who need access to that information to assist in the provision of those services.

  2. From time-to-time we may release information (excluding personally identifiable or disaggregated donor information) to third-party researchers, provided the research is being conducted with charitable objectives related to strengthening the arts and cultural sector. In such cases we will not allow for the publication of disaggregated or personally identifiable information without first providing the affected parties with a reasonable opportunity to opt-out.

  3. We may need to disclose personal information when required by law when we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order, legal process served, or to enforce our Terms of Use or other agreements, or to protect our rights, property or safety or the rights, property or safety of our users or others.

  4. In the event that Fractured Atlas goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets, users' personal information will, in most instances, be part of the assets transferred.

  5. We may share aggregated or anonymous information that does not identify you with third parties. For example, we may disclose the number of visitors to the Website or the number of people who have downloaded a particular document.

Donor information

Fractured Atlas does not sell, trade, or share our donors' personal information with any other organizations or vendors, nor do we send donor mailings on behalf of other organizations, without the donor's consent. As a rule, however, we do provide our fiscally sponsored artists with information on the donors who have contributed to support their specific projects. 99% of the time this is what such donors expect, but requests for anonymity from the supported artists will be honored.

Your California privacy rights

California residents are permitted by California law to request information about the manner in which we share certain categories of information with others for their marketing purposes. Please email us at support@fracturedatlas.org to request this disclosure. (Note that the state of California requires that we post this notice. We love Californians, but we will happily extend the same courtesy to anyone, whether or not the person is a resident of California!)

Your European Privacy Rights

For Individuals Within The EEA Only. Under the GDPR, in certain circumstances, you have the right to: (a) request access to any Personal Information we hold about you and related information, (b) obtain without undue delay the rectification of any inaccurate Personal Information, (c) request that your Personal Information is deleted provided the Personal Information is not required by Fractured Atlas for compliance with a legal obligation under European or Member State law or for the establishment, exercise or defense of a legal claim, (d) prevent or restrict processing of your Personal Information, except to the extent processing is required for the establishment, exercise or defense of legal claims; and (e) request transfer of your Personal Information directly to a third party where this is technically feasible.

In addition, where you believe that Fractured Atlas has not complied with its obligation under this Privacy Policy or European law, you have the right to make a complaint to an EU Data Protection Authority.

Links

The Sites contain links to other websites not owned or controlled by Fractured Atlas. Hopefully, it is obvious that we, Fractured Atlas, are not responsible for the contents or privacy practices of such sites. You should read their privacy policies before submitting any information to them.

Notification of Changes

If we decide to change our privacy policy, we will post those changes to this privacy statement with an updated effective date so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

Contact Information

If you have any questions about this privacy policy or our data collection and use practices, please contact us.