Privacy Policy

Madison Square Park Conservancy Privacy Policy 

Madison Square Park Conservancy (the “Conservancy”) welcomes you to our website. This Privacy Policy (the “Privacy Policy”) applies to any Conservancy website (the “Website”).  

The Privacy Policy is designed to explain the types of information obtained by the Conservancy through the Website and how that information is used by the Conservancy and/or shared with others. The examples given are intended to be for illustrative purposes only, and therefore, should not be considered to be a complete representation of the Conservancy’s practices.

Please review the Privacy Policy carefully. By accessing the Website, you are indicating your agreement to the Privacy Policy. The Conservancy reserves the right to modify the Privacy Policy at any time, without notice. Such changes will be incorporated into this document and posted on the Website and will become effective as soon as they are posted on the Website. The current version of the Privacy Policy supersedes any prior versions.

If you have any questions about the contents of the Privacy Policy or if you wish to correct, update or delete your personal information, you may contact the Conservancy at any time by sending an email to [insert email address] or regular mail to Madison Square Park Conservancy, P.O. Box 1814, New York, NY 10159-1814.

Information Collected

The Conservancy may collect and maintain certain personal information about you when you complete any of our online forms, such as when you subscribe to our electronic newsletter, register for an event or volunteer opportunity, become a member, participate in a survey, request information from us, make a donation, sign up for mobile texts, or forward a web page, electronic postcard, or electronic newsletter.  Such information may include your name, mailing address, e-mail address, username and password; it may also include a mobile phone number, the e-mail addresses of those to whom you forward Conservancy electronic content, and any other information collected in the forms. 

We also may collect certain information automatically from your device, which may be considered personal information under applicable data protection laws.  For example, we may collect the domain name or URL from which you accessed the Website, your IP address, browser types and anonymous demographic information (such as ZIP codes), date and time you accessed each page of the Website, and the web browser you used and pages you accessed, and may use this data for system administration, troubleshooting, and to examine overall traffic trends. 

Cookies and other Tracking Technology

The Website uses “cookies” in order to enhance a user’s experience when viewing the Website and to compile statistical information regarding the use of the Website. A cookie is a file that is transmitted by a website to a user’s browser. The browser then saves that file in a designated file for cookies on the user’s computer. We use cookies to personalize the user’s experience on the Website as well as to compile statistics about how the Website is used, including to help us identify features in which you may have the greatest interest. You may have the ability to change your browser settings to refuse to accept cookies. Please note, however, that without cookies you may not be able to take full advantage of all our Website features.

In addition, we may use technological equivalents of cookies, including social media pixels. These pixels allow social media sites to track visitors to outside websites so as to tailor advertising messages users see while visiting that social media website. We reserve the right to use these pixels in compliance with the policies of the various social media sites.

Some content or applications, including advertisements, on our Website are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.  We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

Use and Disclosure of Information

In some cases, and only with your advance permission, we will share personal information with third party companies who may offer products or services in which we believe you may be interested.  Anonymous demographic information may be shared with advertisers and market researchers on an aggregate basis.

We will not sell, rent, or share your personal information without your permission and will treat it in compliance with applicable laws and regulations.  We reserve the right to share such information in certain limited ways described below.

In addition to the uses and disclosures described above, we use information that is collected through the Website for various purposes including, but not limited to, administration of the Website, improving the Website experience for visitors/users, market research, data analytics, compliance with our legal obligations and policies and procedures. 

We also use information that you provide through the Website to respond to inquiries from Website visitors and to provide Website visitors with information about the Conservancy’s services. By submitting your information to us, you expressly agree that the Conservancy may contact you directly about the services you requested, either through e-mail, via telephone, or by enrolling you in a requested subscription. 

The Conservancy may share any information collected within the Conservancy. We may also use and share this information with third party vendors to enable those vendors to provide services to the Conservancy for which they have been retained and/or to enhance Website functionality.  We make reasonable efforts to ensure that these parties only use personal information we provide to perform services for us and to protect such personal information in a commercially reasonable manner.

The Website’s data, which includes inquiry forms, private event registrations, and film and video shoot applications, is processed through WordPress®. As a courtesy, WordPress’s privacy policy is here: https://wordpress.org/about/privacy/

Public event registrations are processed through Zoom®. As a courtesy, Zoom’s privacy policy is here: https://zoom.us/privacy

Email newsletters are processed through MailChimp®.  As a courtesy, Mail Chimp’s privacy policy is here: https://mailchimp.com/legal/privacy/ 

We reserve the right to change any of our  third-party processors without notice.  We also reserve the right to disclose any information obtained through or in connection with the operation of the Website in order to comply with a subpoena, court order, or similar legal process which compels the disclosure of such information. 

The Conservancy will retain your personal information on our systems only for as long as we need to and in accordance with applicable legal and regulatory requirements. We keep contact information (such as mailing list information) until a user unsubscribes or requests that we delete that information from our live systems. 

Donor Privacy

We use Donor Perfect® to process donations and other transactional payments. If you make a payment through our Website using a credit card, Donor Perfect will have access to your personal and payment information; the Conservancy does not ever have access to your credit card details.

We share information with Donor Perfect only to the extent necessary for the purposes of processing payments you make via our website. As a courtesy, Donor Perfect’s privacy policy is here: https://www.donorperfect.com/company/privacy-policy/

Donor names may be featured in recognition lists with other donors at their associated giving level on the Conservancy’s website, annual report, or other publications. Upon making a donation to the Conservancy, each donor will be prompted to select their anonymity preference. Donors who wish to change their anonymity preference may contact the Conservancy at any time by sending an email to [insert email address] or regular mail to Madison Square Park Conservancy, P.O. Box 1814, New York, NY 10159-1814.

Opting Out

If at any time you wish to stop receiving correspondence for which you have previously registered, simply follow the unsubscribe directions in our correspondence to you. In addition, you may request removal of your personal information from our database at any time by sending an email to info@madisonsquarepark.org or regular mail to Madison Square Park Conservancy, P.O. Box 1814, New York, NY 10159-1814.

Links and Social Media

As a service to you, our website may contain banner advertisements and links to other third-party websites, including social media sites such as Facebook®, Instagram®,  LinkedIn®, or Twitter®, and governmental websites, such as the NYC Department of Parks and Recreation.  By clicking on an advertisement or other link, you will be redirected off our website and onto third party websites.  This Privacy Policy does not apply to such websites, and we are not responsible for the privacy policies or practices of such websites.  We encourage you to read the privacy statements of these linked websites as their privacy policies may differ from ours.

Additionally, as a service to you, our website may contain embedded maps and other content provided by third-parties, which will always be identified with the provider’s name or logo. Examples include embedded maps provided by Google®. These embedded maps and other content are provided, designed, curated and hosted by third-parties.  We do not design, curate, host, download, copy, store or control these embedded maps or other content.  Our Privacy Policy does not apply to such third-party embedded maps or other content, and we are not responsible for their terms or privacy policies or practices.  We encourage you to read their terms and privacy policies prior to utilizing such third-party embedded maps or content.  Please note that their terms of service, privacy policies and practices may differ from ours, and they may collect and/or utilize your personal information differently than we do.   

Use of Google Maps features and content is subject to the then-current versions of the Google® Maps/Google® Earth Additional Terms of Service at 

https://maps.google.com/help/terms_maps.html and Google Privacy Policy at https://www.google.com/policies/privacy/. 

Children 

The Website and the nature of our services are not intended or designed to be used by any individual under the age of 13 years. We comply with the Children’s Online Privacy Protection Act of 1998 (“COPPA”). COPPA requires that web site operators never knowingly request personally identifiable information from anyone under the age of 13 without requesting verifiable parental consent. The Conservancy does not knowingly collect or maintain any information about any individual under the age of 13. If you are under the age of 13 years old, you should not register with the Website subscribe to our electronic newsletter, or provide any personally identifiable information to us. If you are concerned about your child’s use of the Website, you may use web-filtering technology to supervise or limit access to the Website.  

Information Security

We have implemented reasonable measures to protect the security of personally identifiable information that a user provides to the Conservancy through the use of the Website. The transmission of information via the Internet is not completely secure and as such, we cannot guarantee the security of your personal information. Any transmission of information is at your own risk.  

Claims of Copyright Infringement

If you believe your work has been copied in a way that constitutes copyright infringement, please contact the Conservancy at info@madisonsquarepark.org.

Visitors from Outside New York

Your California Privacy Rights – The California Civil Code grants residents of California the right to request certain information regarding the disclosure of personally identifiable information to third-parties, if the information is used for the third-party’s direct marketing purposes. To make such a request, please contact the Conservancy at info@madisonsquarepark.org.

Outside the United States – If you reside outside the United States, any information that you may provide to the Conservancy through the Website will be transferred out of your country and into the United States. If you do not wish for your personal information to leave your country, please do not provide such information. By providing personal information via the Website, you expressly consent to the transfer of your information to the United States.

Visitors’ GDPR Rights – If you are in the European Union, we collect and process information about you only where we have legal bases for doing so under applicable EU laws, including the General Data Protection Regulation (“GDPR”). You have certain rights regarding the personal information we hold about you. These may include the rights to access, correct, delete, restrict or object to our use of, or receive a portable copy in a usable electronic format of your personal information. You also may have a right to lodge a complaint with your local data protection or privacy regulator. We will only enroll you to receive our free email newsletter if you affirmatively consent to it. If you do not wish to receive this newsletter, you can unsubscribe anytime. We include an “unsubscribe” link at the bottom of every email we send. If you ever have trouble unsubscribing, you can send an email to [insert email address] requesting to unsubscribe from future emails. To exercise any of your GDPR rights, including to request a record of the information we have on file for you, you can send an email to [insert email address].  

Terms of Use

By using the Website, you are agreeing to accept and comply with the terms and conditions of use as stated below (the “Terms of Use”), which may be updated by the Conservancy from time to time without notice to you. You should visit this page periodically to review the then-current Terms of Use. We may, in our sole discretion, terminate your access to the Website at any time and without notice, including without limitation due to any violation by you of these Terms of Use.

Limited Right of Use/Ownership of Contents

The contents of the Website are intended for the personal, noncommercial use of its users.  All materials published on the Website (the “Contents”) are protected by copyright, trademark and all other applicable intellectual property laws, and are owned or controlled by the Conservancy or the other party credited as the provider of such Contents.

Except as specifically set forth in these Terms of Use, you may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content or software forming part of the Website in whole or in part.

We reserve the right to republish any material contributed by our readers to our Website.  By posting a message in any public area of the Website or submitting any correspondence or materials to our Websites, you expressly grant the Conservancy a global nonexclusive license to publish, reproduce, sell, disclose, distribute or use such material for any purpose whatsoever.  You hereby further grant the Conservancy the global nonexclusive right to use any ideas, concepts or techniques embodied in such materials for any purpose whatsoever.   In addition, you hereby waive any and all moral rights you may have in any such materials.  Further, you hereby authorize the Conservancy to edit and otherwise modify any such material prior to our use, publication, distribution, sale, reproduction or disclosure thereof.  All such material will be deemed to be provided to the Conservancy on a non-confidential and non-proprietary basis.  Material that is copyright protected may not be submitted to our Website without permission from the copyright owner, and you are solely responsible for the failure to obtain any such permission.

Modifications to the Website

We reserve the right from time to time to make modifications and changes to the Website, including but not limited to discontinuing, temporarily or permanently, any service offered by us or through the Website, with or without notice.  You agree that the Conservancy shall not be liable to you or to any other party for any changes and modifications to the Website.

Your Representations and Warranties

You represent, warrant and covenant that no material of any kind submitted by you or our use thereof in accordance with these Terms of use will: (i) violate, plagiarize or infringe upon the rights of any third party, including without limitation copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; (ii) contain unlawful material; (iii) constitute false or misleading indications of origin or statement of fact; (iv) slander, libel or defame any person or entity; (v) cause injury of any kind to any person or entity; or (vi) violate any applicable laws, rules, regulation or other governmental order.

Indemnification

By accessing and/or using the Website, you agree to indemnify, defend and hold harmless the Conservancy, the City of New York, and their respective officers, directors, employees, members, agents, partners, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including without limitation reasonable attorneys’ fees and expenses, incurred by any of the Indemnified Parties in connection with any claim arising out of a breach by you of these Terms of Use or the representations, warranties and covenants deemed made by you hereunder, materials submitted by you to the Website and/or the Conservancy’s use of such materials, your use of any other website or platform linked to, or embedded in, our Website, or your violation of the law.  You agree to cooperate as fully as reasonably required in the defense of any claim.  The Conservancy reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement which affects the rights of any of the Indemnified Parties or requires the taking of any action by any of them, without our prior written approval.

Limitation of Liability

You expressly understand and agree that:

YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.  THE SERVICES PROVIDED THROUGH THE WEBSITE ARE PROVIDED ON AS “AS IS”, “AS AVAILABLE” BASIS.  WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY THAT ANY SERVICE PROVIDED THROUGH THE WEBSITE, OR ANY THIRD PARTY WEBSITE OR PLATFORM WHICH MAY BE LINKED TO OR EMBEDDED ON THE WEBSITE, WILL (i) MEET ANY OF YOUR REQUIREMENTS, (ii) BE TIMELY, SECURE, UNINTERRUPTED OR FREE FROM ERROR OR OMISSION, (iii) PROVIDE RESULTS OR INFORMATION THAT WILL BE USEFUL, ACCURATE OR RELIABLE, NOR THAT ANY ERRORS IN THE OPERATION OF THE SITE, INCLUDING THE OPERATION OF ANY SOFTWARE, WILL BE CORRECTED.

THE CONSERVANCY HEREBY EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT AND POLICIES OF ANY THIRD PARTY WEBSITE OR PLATFORM WHICH MAY BE LINKED TO OR EMBEDDED ON THE WEBSITE.  ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY COMPONENT CONNECTED THERETO, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD (INTENTIONAL OR OTHERWISE) OF ANY SUCH MATERIAL.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE CONSERVANCY SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES ARISING OUT OF OR RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE, THE SERVICES PROVIDED THROUGH THE WEBSITE, OR ANY THIRD PARTY WEBSITE OR PLATFORM WHICH MAY BE LINKED TO OR EMBEDDED ON THE WEBSITE, WHETHER SUCH DAMAGES ARE DIRECT, INDIRECT, INCIDENTAL OR OTHERWISE, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST SAVINGS, LOST OPPORTUNITY, LOST SALES, LOSS OF GOODWILL OR REPUTATION, OR ANY OTHER INTANGIBLE LOSS, AND WHETHER ARISING UNDER THEORIES OF CONTRACT, TORT OR OTHERWISE, AND REGARDLESS OF WHETHER THE CONSERVANCY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES.

Miscellaneous

These Terms of Use, along with our Privacy Policy, constitute the entire agreement between us, govern your use of the Website and any services offered through the Website, and supersede any prior terms of use or other agreements concerning the subject matter hereof between us.  These Terms of Use, the Privacy Policy, and the relationship between us shall be governed by, and construed and enforced in accordance with, the laws of the State of New York without regard to its conflict of law provisions.  You agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the County, City and State of New York for the resolution of any disputes arising out of or relating to these.

Date: June 23, 2021