Last Updated October 30, 2023

CyArk is a non-profit corporation committed to empowering individual connection with historical places and cultural heritage. The privacy of your personally identifying information is of the utmost importance to us at CyArk and our affiliates (collectively "CyArk", or "us" or "we") and we take our obligations regarding your privacy seriously.

This Privacy Policy describes how we collect, use, disclose, share, or otherwise process your personally identifiable information ("PII" or "personal data") when you access or use our websites (e.g., www.cyark.org) ("Website" or "Websites"), our data or services, such as Tapestry our immersive storytelling platform, our support services, or participate in our programs, training, events, newsletters, and any of our other services offerings (collectively, our "Services"). Our Websites and Services are collectively referred to in this Privacy Policy as our "Online Services." The categories of information we collect will depend on your interactions with us.

By using our Online Services, you agree to the terms and conditions contained in this Privacy Policy and you expressly consent to the processing of your data in accordance with this Privacy Policy. If you do not agree to any of these terms and conditions, or approve of CyArk's data practices as explained herein, then you are not authorized to use our Online Services.

What Data We Collect

CyArk collects the following types of personally identifying information ("PII") when you visit our Websites or use our Services:

Information We May Collect via Technological Means.

Our servers, which may be hosted by a third-party service provider, collect certain technical data about your device and software, including your browser type, operating system, IP address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session and may indicate your general location), domain name, and/or a time stamp of your visit. We automatically gather this data and store it in log files each time you visit our website or access an account on our network. Unless you have provided PII in connection with your use of the Online Services (for example, by creating an account), we cannot use such technical data to identify your name or contact information.

We may also directly collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends in connection with the Online Services. We collect and use this analytics information in aggregate form such that it cannot reasonably be used to identify any particular individual person.

Cookies, web beacons and other tracking technologies.

Performance Cookies: These cookies allow us to count visits and traffic sources, so we can measure and improve the performance of our site. They help us know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies, we will not know when you have visited our site.
Functional Cookies: These cookies allow the provision of enhance functionality and personalization, such as videos and live chats. They may be set by us or by third-party providers whose services we have added to our pages. If you do not allow these cookies, then some or all of these functionalities may not function properly.
Strictly Necessary Cookies: These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site may not work then.

Information Provided by You When Visiting Our Websites.

You may visit our Websites if you wish without creating an account or providing us with any information about yourself.

However, if you decide to use certain Services, you may be asked for information that we need in order to provide you with the Services requested. For example, if you decide to sign up for newsletters from us, request data from our Open Heritage Program, attend a virtual event, make a donation to us, or create an account to use certain Services, CyArk may collect some or all of the following PII from you: (1) first and last name, (2) organization name, (3) job title, (4) email address, (5) phone number, (6) location information including state/province and country, and (7) where applicable, a user-generated password for your account. If you provide payment information for a donation, that is securely processed by our third-party payment processor and not used for any other purpose.

If you provide us with feedback or contact us via email (e.g., in response to an employment or grant opportunity posted on our Website), we will collect your name and email address, as well as any other content or information included in or attached to your email, in order to send you a reply. If you order Services from us for a fee, we may also collect information needed for billing and payment purposes that will be processed through a secure third-party payment processor.

We may combine the information we collect directly from you with information we obtain from public sources, partners, and other third parties and use such combined information in accordance with this Privacy Policy.

How We Use the Data We Collect.

In summary, we use your PII to respond to your requests, to provide, secure and enhance the Online Services, and to comply with our legal obligations. In particular, CyArk uses your PII for the following purposes as necessary and as permitted by applicable law:

Identify you as a user or visitor of our Online Services;
Facilitate the creation of and secure your account for use of our Services;
Provide and administer your use of the Online Services;
Personalize and improve the quality of your experience when you interact with our Online Services;
Send you a welcome e-mail to verify ownership of an e-mail address provided when your account was created;
Send you administrative e-mail notifications, such as security or support and maintenance messages;
Respond to your inquiries and requests;
Provide you with newsletters you requested or surveys;
Determine which of our Services may be of interest to you;
Send you information about upgrades and special offers related to our Online Services;
Comply with applicable laws and regulatory requirements;
Respond to lawful requests, court orders and legal process; and
Protect our legal interests or those with whom we do business.

We may also compile statistical or anonymized, non-personally identifiable information and use or transfer such information for any purposes; provided, however, that such data has been fully de-identified and cannot in any way be traced back to the customer or user and does not contain any personally identifiable information. We may also such anonymized information publicly to show trends about the general use of our services.

Third-Party Online Analytics Services

In connection with our Websites and emails, we use third-party online analytics services, such as those of Google Analytics. These analytics services use automated technologies to collect information (such as email address, IP address, and device identifiers) to evaluate, for example, use of our products and services and to diagnose technical issues. To learn about how Google Analytics collects and processes data, you may visit https://policies.google.com/technologies/partner-sites.

Information Sharing and Disclosure

To the extent permitted by applicable law, CyArk may disclose your PII in the following circumstances:

Service Providers.

We may engage our affiliates or third-party organizations or individuals to support us in connection with the purposes listed above, such hosting providers, subcontractors, and third-party payment processors.

Law Enforcement.

It may be necessary − by law, legal process, litigation, and/or requests from public and governmental authorities within or outside your country of residence − for CyArk to disclose your PII. We may also disclose your PII if we determine disclosure is reasonably necessary to enforce our terms and conditions or protect our operations or users.

Business Transfer.

We may share your PII if CyArk engages in a merger, acquisition, bankruptcy, dissolution, reorganization, sale of some or all of CyArk's assets, financing acquisition of all or a portion of our business, a similar transaction or proceeding, or steps in contemplation of such activities (e.g. due diligence).

Prior Consent

We may also disclose your PII in other circumstances with your prior informed consent. Service providers acting on our behalf are obliged to adhere to confidentiality requirements no less protective than those set forth herein and will only receive access to your PII as necessary to perform their functions.

How We Protect Your Data – Security

We are committed to protecting the security of information received via the Online Services, including PII. If we collect PII from you, we provide reasonable and appropriate administrative, technical, and physical security controls designed to protect your PII from unauthorized access, use, or disclosure. Despite our efforts, no security controls are 100% risk-free, and CyArk does not warrant or guarantee that your PII will be secure in all circumstances. If you create an account, you are responsible for keeping your account credentials and passwords secure and not allowing others to use your account.

We Do Not Knowingly Collect PII of Children

Our Websites and Services are intended for general audiences, and we do not knowingly collect PII from a child under 13 years old.

Your Data, Your Choice

Please note if you are a California resident, please see Section IX "Additional Information for California Residents" below for more information about your privacy rights under California law.

Opt-Out

We offer you choices regarding the collection, use, and sharing of your PII. Where permitted by applicable law, we may periodically send you free newsletters and e-mails that directly promote the use of our products or services. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly. Despite your indicated e-mail preferences, we may send you notices of any updates to our Terms of Use or Privacy Policy and similar account notices.

Ability to Correct or Delete Your Personal Information.

You may edit any of your PII in your account on the Online Services, including contact information and/or notification settings, by editing your account profile. You may also request that we delete your account information by sending an email to info@cyark.org, but please note that we may be required (by law or otherwise) to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). CyArk will respond to such requests within thirty (30) days or sooner if required by applicable law. When we delete account information, it will be deleted from the active database, but may remain in our archives for a limited amount of time. We will otherwise retain your information for as long as your account is active, as needed to provide you with the Online Services you have requested, or as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Information Processed Under the Direction of Customers.

If an organization has registered for the Services (a "Customer") and your PII has been collected by CyArk as a result of such organization's use of the Services, CyArk collects and processes any such PII of yours under the directions of the relevant Customer. If these circumstances apply to you and you wish to access, edit, delete or exercise any rights you may have under applicable data protection laws with respect to any PII that we have collected about you, please direct your query to the relevant Customer as this may expedite the completion of your request. We nevertheless provide reasonable assistance to our Customers to give effect to data subject rights as appropriate and required by applicable laws.

Links to Third-Party Sites

Our provision of a link to any website or location outside of the Online Services is for your convenience and does not signify our endorsement of such other website or location or its contents. When you click on such a link, you will leave our site and go to another site. During this process, a third party may collect data, including PII, from you. Please be aware that the terms of this Privacy Policy do not apply to these outside websites or content, or to any collection of data after you click on a link to a third party. We encourage you to carefully read the privacy statement of any other website you visit.

Cross Border Data Transfers

CyArk is located in the United States. By accessing or using the Online Services, or otherwise providing information to us, you understand that your information may be subject to processing, transfer, and storage in other locations. In the event that CyArk transfers your Personal Data from the EEA to a country which is not subject to an adequacy decision by the European Commission or which may not provide for the same level of data protection as the EEA, CyArk will ensure that the recipient of your Personal Data offers an adequate level of protection. This may include such measures as entering into standard contractual clauses for the transfer of data as approved by the European Commission, gaining your prior consent, or other appropriate measures in accordance with applicable law.

Additional Information for California Residents

If you are a California resident, California law requires us to provide you with some additional information regarding how we collect, use, and share your “personal information” (as defined in the California Consumer Privacy Act ("CCPA")).

How We Source, Use, and Disclose Information for Business Purposes

The chart below details the categories of personal information we collect, the sources of such personal information, and how we use and share such information for business purposes.

Categories of Personal Information Collected	Sources of Personal Information	Purposes for Use of Personal Information (see "How We Use the Data We Collect" for more information)	Disclosures of Personal Information for Business Purposes (see "Information Sharing and Disclosure" for more information)
Contact information (e.g., name, email address, phone number, mailing address including state/province, country)	You	Provide the services requested and customer service Communicate with you Analyze use of and personalize the services Improve the services Provide security, prevent fraud, and for de-bugging Comply with legal requirements	Service providers Law enforcement in the event of a lawful request With entities in the event of a business transaction With your consent
Financial and transactional information (e.g., payment account information and donation history)	You Payment processors	Process donations Communicate with you Comply with legal requirements	Payment processors Law enforcement in the event of a lawful request With entities in the event of a business transaction With your consent
Login information (e.g., your account name and password)	You	Provide the services and customer service Provide security, prevent fraud, and for de-bugging Comply with legal requirements	Service providers Law enforcement in the event of a lawful request With entities in the event of a business transaction With your consent
Device and online identifier information (e.g., IP address, browser type, operating system, general location inferred from IP address, and similar information)	You, through your device	Provide the services and customer service Analyze use of and personalize the services Improve the services Provide security, prevent fraud, and for de-bugging Comply with legal requirements	Service providers Law enforcement in the event of a lawful request With entities in the event of a business transaction With your consent
Service usage information (e.g., the dates and times you use the services, how you use the services, and the content you interact with on the services)	You, through your device	Provide the services and customer service Analyze use of and personalize the services Improve the services Provide security, prevent fraud, and for de-bugging Comply with legal requirements	Service providers Law enforcement in the event of a lawful request With entities in the event of a business transaction With your consent

Your California Privacy Rights.

If you are a California resident, the CCPA allows you to make certain requests about your personal information. Specifically, the CCPA allows you to request us to:

Inform you about the categories of personal information we collect or disclose about you; the categories of sources of such information; the business or commercial purpose for collecting your personal information; and the categories of third parties with whom we share/disclose personal information.
Provide access to and/or a copy of certain personal information we hold about you.
Delete certain personal information we have about you.
Provide you with information about the financial incentives that we offer to you, if any.

The CCPA further provides you with the right not to be discriminated (as provided for in applicable law) for exercising your rights. Please note that certain information may be exempt from such requests under California law. For example, we need certain information in order to provide our services to you. We also will take reasonable steps to verify your identity before responding to a request. In doing so, we may ask you for verification information so that we can match at least two verification points with information we maintain in our files about you. If we are unable to verify you through this method, we shall have the right, but not the obligation, to request additional information from you.

Please also note that if your personal information has been collected by CyArk as a result of a Customer's (as defined above) use of our services, CyArk collects and maintains your personal information under the directions of the relevant Customer. If these circumstances apply to you and you wish to access or delete any personal information that we have collected about you, please direct your query to the relevant Customer as this may expedite the completion of your request. We nevertheless provide reasonable assistance to our Customers to give effect to consumer choices as appropriate and required by applicable laws.

If you would like further information regarding your legal rights under California law or would like to exercise any of them, or if you are an authorized agent making a request on a California consumer's behalf, please contact us at info@cyark.org.

The CCPA provides certain rights if a company "sells" personal information, as such term is defined under the CCPA. We do not engage in activities that would be considered "sales" of personal information under the CCPA.

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 share certain categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes. We do not share your personal information with third parties for their own direct marketing purposes.

Other state laws.

Data protection laws change and update frequently and we endeavor to always comply with applicable laws where we operate. If you have any questions, concerns, or requests regarding the handling of your personal information please contact us at info@cyark.org. Please note we may take reasonable steps to verify your identity and the authenticity of the request.

Information about Children.

Our Websites are intended for general audiences. Our separate Services are not intended for use or access by children or minors. CyArk does not knowingly collect or solicit information from anyone under the age of thirteen (13). If you believe CyArk has inadvertently collected information about a child under the age of thirteen (13), please contact us at info@cyark.org.

Changes to Our Privacy Policy

CyArk reserves the right to change this Privacy Policy. CyArk will provide notification of the material changes to this Privacy Statement through our Website and, where appropriate, when you login to your account or by email to any email address of yours we may have on file, at least thirty (30) days prior to the change taking effect.

Contact Us

CyArk welcomes your comments, questions, and concerns regarding our Privacy Policy. Please contact us at info@cyark.org or at our mailing address below:

CyArk
Attn: Legal Department
2201 Broadway, STE 602, Oakland, CA 94612

Supplemental GDPR Privacy Statement

This Supplemental GDPR Privacy Statement is relevant to any individual located in the European Economic Area who uses our Services.

European Union Regulation 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (“GDPR“), requires CyArk to provide additional and different information about its data processing practices to data subjects in the EEA. If you are accessing the Online Services from a member state of the EEA, this Supplemental GDPR Privacy Statement applies to you.

For purposes of the GDPR, CyArk 2201 Broadway, STE 602, CA, 94612 USA, is the data controller of your personal information.

Legal Basis of Processing. In general, the legal basis for CyArk's processing of your personal data in connection with the Online Services is Article 6(1)(b) of the EU GDPR, which allows processing of personal data as necessary for the performance of a contract or to fulfill your requests.

As exceptions, CyArk relies on your consent with respect to cookies that are not strictly necessary and direct marketing emails per Article 6(1)(a) of the EU GDPR; and pursues legitimate interests under Article 6(1)(f) of the EU GDPR with respect to situations where CyArk needs to process your personal data to comply with applicable laws (as a U.S.-based company, CyArk is subject to U.S. laws and must comply with them) or processes your personal data to improve our business and Online Services.

Personal Data Transfers outside of the EEA. CyArk may transmit some of your personal data to a country where the data protection laws may not provide a level of protection equivalent to the laws in your jurisdiction, including the United States. As required by applicable law, CyArk will provide an adequate level of protection for your personal data using various means, including, where appropriate:

relying on a formal decision by the European Commission that a certain country ensures an adequate level of protection for personal data (a full list of such decisions may be accessed online here: http://ec.europa.eu/justice/data-protection/international-transfers/adequacy/index_en.htm);
entering into appropriate data transfer agreements based on language approved by the European Commission, such as the Standard Contractual Clauses (2010/87/EC and/or 2004/915/EC), which are available upon request at info@cyark.org;
implementing appropriate physical, technical and organizational security measures to protect Personal Data against accidental or unlawful destruction, accidental loss or alteration, unauthorized disclosure or access, and against all other unlawful forms of processing; and
taking other measures to provide an adequate level of data protection in accordance with applicable law.

Any onward transfer is subject to appropriate onward transfer requirements as required by applicable law.

Data Retention. CyArk keeps personal data as long as required to provide the Online Services you have requested or registered for and comply with applicable laws.

Data Subject Rights. You have a right to request from CyArk access to and rectification or erasure of your personal data or restriction of processing concerning you, as well as the right to data portability under the GDPR. You also have the right to object, on grounds relating to your particular situation, at any time to the processing of your personal data by us and we can be required to no longer process your personal data. In general, you have the right to object to our processing of your personal data for direct marketing purposes. If you have a right to object and you exercise this right, your personal data will no longer be processed for such purposes by us. You can exercise such rights by accessing the information in your account, submitting request by email to info@cyark.org.

If you have provided consent for cookies that are not strictly necessary, direct marketing emails or other data processing based on your consent, you have the right to withdraw your consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal. You have the right to lodge a complaint with a supervisory authority.

Your Choices. You are not required to provide any personal data to CyArk but if you do not provide any personal data to CyArk, certain Services may not be available or operate correctly. You may visit our Websites without consenting to cookies that are not strictly necessary; the only consequence is that our Online Services may be less tailored to you or you will not receive our newsletters or other Services you requested.

Profiling. CyArk does not use in connection with the Online Services automated decision-making, including profiling, in a way that produces legal effects concerning you or which significantly affects you.

Specific location and other sensitive data. We do not collect or process biometric information or specific location information from your devices, nor do we collect or process other “sensitive data” about you, with the exception of your home address and payment card information in the event you make a donation, in which case such information is securely processed by our third-party payment processor and we make no other use of such personally identifiable information.

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