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Privacy Policy

 Performance Marketing Association

Privacy Policy

Last Updated: June 1, 2018

The Performance Marketing Association, Inc. (“we”, “us” or “PMA”) has created this privacy policy statement in order to demonstrate our firm commitment to your privacy. The following discloses our information gathering, use and dissemination practices solely for the web site located at www.thepma.org and any other site or service on which a link to this policy appears (the “Site”).

INFORMATION WE COLLECT

Personal Information:

Your provision of your Personal Information to us is completely voluntary. “Personal Information” is information that specifically identifies you as an individual.  We do not collect Personal Information unless you submit that information to us, such as when you choose to sign up for our newsletters or join the PMA. Categories of Personal Information we collect include:

  • Identity Data, which includes name or other similar identifiers.
  • Contact Data, which includes address, email address and telephone numbers.
  • Financial Data, which includes payment card details.

In addition to Identity Data and Contact Data, certain other types of data may be considered Personal Information in certain jurisdictions, namely, the European Union (“EU”), such as:

  • Technical Data, which includes internet protocol (IP) address, location data, your login data.
  • Profile Data, which includes your username and password, your interests, and preferences.
  • Usage Data, which includes information about how you use our web site and services.
  • Marketing and Communications Data, which includes your preferences in receiving marketing from us

Membership payments are processed through Stripe.  Therefore, we do not retain your payment card details, but rather pass them along to Stripe who will process the payments and use your details pursuant to their published policies at https://stripe.com/us/privacy. 

Non-Personal Information:

In addition, we may also collect non-personally identifiable information (“Non-Personal Information”).  We may aggregate Personal Information so that the aggregated information does not personally identify you or anyone else, such as by using Personal Information to calculate the percentage of our customers who live in a particular area (“Aggregate Information”).  Because Non-Personal Information does not personally identify you, we may collect, use and disclose Non-Personal Information for any purpose.  In some instances, we may combine Non-Personal Information with Personal Information.  If we combine any Non-Personal Information with Personal Information, the combined information will be treated by us as Personal Information.

INFORMATION USAGE AND DISCLOSURE

We will only use Personal Information as described herein, as agreed by you or disclosed to you at the time of collection or as otherwise permitted by applicable law:

  • We use your Personal Information to process your membership.
  • We use your Personal Information to contact you about our services (including newsletters, events, and more).
  • We use your Personal Information to respond to your inquiries.
  • We may also share your information with third parties such as website hosting, data analysis, payment processing, infrastructure provision, information technology services, customer service, e-mail delivery services, credit card processing and other similar services.  These third parties may have access to Personal Information necessary to perform their functions, but may not use it for other purposes.  
  • We may share information about a company, but not the individual persons associated with that company, with any number of third parties, however, we may share the name of a company representative when discussing our members.
  • We will not sell your Personal Information to any third party not affiliated with the PMA without your consent except in connection with the sale or merger of the PMA or the division responsible for such services.  
  • Additionally, we may disclose Personal Information as we believe necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain. 

We may use Aggregate Information to improve and enhance your experience on the Site and for our market research activities. For example, we may share Aggregate Information with unaffiliated third parties, such as business partners, industry members or regulators, in an aggregate, anonymous form, which means that the shared information will not contain nor be linked to any Personal Information.

Legal Basis:

We will only use your Personal Information when the law allows us to. Most commonly, we will use your Personal Information in the following circumstances:

  • Where we need to perform the contract we are about to enter into or have entered into with you.
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  • Where you have given consent.
  • Where we need to comply with a legal or regulatory obligation.

To the extent permitted under applicable laws, we will also process, transfer, disclose and preserve Personal Information when we have a good faith belief that doing so is necessary.

Please note that if you specifically consent to additional uses of your Personal Information, we may use your Personal Information in a manner consistent with that consent. Finally, we reserve the right to supplement your Personal Information with information we gather from other sources which may include information we gather from online and offline sources.

We are the data controller and are responsible for your Personal Information.

COOKIES AND SIMILAR TECHNOLOGIES

We may store some information on your device as a cookie or similar type of file (such as clear gifs, web beacons, tags, and similar technologies that work on mobile devices) to collect data related to usage of the Site. “Cookies” are pieces of information that may be placed on your computer by a web site for the purpose of collecting data to facilitate and enhance your communication and interaction with that web site.   Such data may include, without limitation, the address of the websites you visited before and after you visited the Site, the type of browser you are using, your Internet Protocol (IP) address, what pages in the Site you visit and what links you clicked on and the region where your device is located.We may use cookies to customize your visit to the Site and for other purposes to make your visit more convenient or to enable us to enhance our service.   We do not use cookies to retrieve personal information from your computer for purposes that are unrelated to the Site or your interaction with the Site.  We may work with third-party service providers who use the technologies described in this section to conduct website analytics to help us track and understand how visitors use our Site.

Interactive Features:

Certain features on our Site may give you an opportunity to interact with us and others.  These may include blogs, message boards, messaging functionality, chat functionality, and creating community profiles.  When you use these features you should be aware that any information you submit, including your name, location and e-mail address, may be publicly available to others.  We are not responsible for any information you choose to submit through these interactive features and we strongly discourage you from disclosing any sensitive Personal Information (such as health or credit card information) through these features.  If you use these features, your Personal Information may remain on the Site even after you cease use of the Site.

This Site contains links and interactive features with various social media services.  If you already use these platforms, their cookies may be set on your device when using our Site which allows them to recognize you through identifying tools including cookies.  You should review the privacy practices of those social media services since we do not control how they use your information.

SECURITY

The security of your Personal Information is very important to us.  We attempt to provide for the secure transmission of your information from your computer to our servers by utilizing encryption software. However, due to the inherent open nature of the Internet, we cannot guarantee that communications between you and the PMA, or information stored on the Site or our servers, will be free from unauthorized access by third parties such as hackers and your use of the Site demonstrates your assumption of this risk. We have put in place reasonable physical, electronic, and managerial procedures to safeguard the information we collect.  Only those employees who need access to your information in order to perform their duties are authorized to have access to your Personal Information.  If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us in accordance with the Contact section below.

DATA RETENTION

We will retain your information for as long as your account or inquiry is active or as needed to provide you with the Site and for a reasonable time thereafter in accordance with our standard procedures or as necessary to comply with our legal obligations, to resolve disputes, and to enforce our agreements. If you are situated in the EU, we will delete your Personal Information upon written request or if it is no longer necessary for us to retain it in relation to the purpose for which it was processed. Even if we delete some or all of your Personal Information, we may continue to retain and use anonymous data previously collected. Please note that we will not be liable for disclosures of your data due to errors or unauthorized acts of third parties.

PROTECTION FOR CHILDREN

Our Site is intended for ages 13 and over. We do not knowingly collect Personal Information from children under 13.  When we become aware that personal information from a child under 13 (or such other age as may be restricted under local law) has been collected, we will use all reasonable efforts to delete such information from our database.

OTHER SITES

Our Site may contain links to other web sites not maintained by the PMA. Other web sites may also reference or link to our Site.  The inclusion of a link on the Site does not imply endorsement of the linked site by us.  We are not responsible for the privacy practices of websites operated by third parties that are linked to or integrated with our Site.  We encourage you to be aware when you leave our Site, or surf the Internet, and to read the privacy statements of each and every web site that you visit.

OPT-OUT AND YOUR RIGHT TO WITHDRAW CONSENT

To opt-out of any future promotional messages from us, you should send an unsubscribe request to us at tricia@thepma.org. We will process your request within a reasonable time after receipt.  Please note that if you opt out in this manner, certain aspects of the Site may no longer be available to you.

If you want to stop or restrict the placement of cookies or flush any cookies that may already be on your computer or device, please refer to and adjust your web browser preferences. Further information on cookies is available at www.allaboutcookies.org. By deleting our cookies or disabling future cookies you may not be able to access certain areas or features of our Site or some of its functionality may be affected. Cookies and similar items are not used by us to automatically retrieve Personal Information from your device without your knowledge.

You have the right to withdraw your consent for our processing for your Personal Information by contacting us at tricia@thepma.org.

CHANGES TO POLICY

We reserve the right, at our discretion, to change, modify, add, or remove portions from this policy at any time. Your continued use of the Site following the posting of any changes to this policy means you accept such changes.

CALIFORNIA PRIVACY

Under California Law, California residents have the right to request in writing from businesses with whom they have an established business relationship, (a) a list of the categories of Personal Information, such as name, email address and mailing address and the type of services provided to the customer that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes and (b) the names and addresses of all such third parties. To request the above information, please contact us by email at tricia@thepma.org. If you do not want your Personal Information shared with any third party who may use such information for direct marketing purposes, then you may opt out of such disclosures by sending an email to us at tricia@thepma.org. 

EU DATA SUBJECT RIGHTS

If you are a situated in the EU, under the General Data Protection Regulation (“GDPR”), as a data subject, you have the following rights:

  • Right to access – This right allows individuals to obtain confirmation as to whether or not Personal Information concerning him or her is being process and provide access to such Personal Information. It also allows individuals to request details of the processing of his or her Personal Information, including, without limitation, categories of recipients to whom the Personal Information have been or will be disclosed and purposes of processing. 
  • Right to rectify – This right allows individuals to rectify any inaccurate Personal Information about him or her.
  • Right to restrict processing – This right allows individuals to block or suppress processing of Personal Information under certain circumstances.
  • Right to be forgotten – This right is also known as the “right to erasure”. It is an individual’s right to have Personal Information erased or to prevent processing in specific circumstances.
  • Right of data portability – This right allows individuals to move, copy or transfer Personal Information from one place to another in a secure manner without interrupting the integrity and usability of the information.
  • Right to object to processing – This right allows individuals to object to certain types of processing, including direct marketing, profiling and providing for purposes of scientific or historical research and statistics.

Additionally, if we rely on consent for the processing of your Personal Information, you have the right to withdraw it at any time and free of charge. When you do so, this will not affect the lawfulness of the processing before your consent withdrawal.

To exercise your rights under the GDPR, please contact us at tricia@thepma.org. Please note that in order for you to assert these rights, we may need to verify your identity to confirm your right to access your Personal Information.  This is a security measure to ensure that Personal Information is not disclosed to any person who has no right to receive it. In order to verify your identity, we may need to gather more Personal Information from you than we currently have.

Cross Border Transfers:

Our Site is maintained in the United States of America. By using the Site, you authorize the export of Personal Information to the USA and its storage and use as specified in this policy. We transfer Personal Information from the EU to the USA and other countries, some of which have not been determined by the European Commission to have an adequate level of data protection. Information stored in the USA may be subject to lawful requests by the courts or law enforcement authorities in the USA.  Personal Information of data subjects within the EU will be transferred in compliance with the requirements of the GDPR.

CONTACT

For questions or concerns relating to privacy, we can be contacted at: tricia@thepma.org. If you are situation in the EU and have any complaints regarding our privacy practices, you have the right to complain to a supervisory authority.