The personal information that you must supply on the Website in order to obtain access to the Services as a Member may include, without limitation: (a) your full name; (b) your company name; (c) your professional position; (d) a description of your business type; (e) your e-mail address; (f) your work, home and mobile telephone numbers; (g) your fax number; (h) if applicable, information pertaining to your Facebook®, Twitter® and/or LinkedIn® account(s); (i) your credit card information; and (j) any and all other information requested on the applicable registration form (“Member Registration Data”). Item (i) in the preceding sentence shall be referred to as “Sensitive Information.” Your Member Registration Data, other than Sensitive Information, is included in your Profile, which is only available to other Members for viewing on the Website.
After submitting the Member Registration Data, and receiving Membership approval from Gotham, Members may log in to their Profile account page using their e-mail addresses and Member-selected passwords (collectively, the "Log-In"). Members have the ability to control the specific personal information made available to other Members via their Profiles. Members may also upload photographs, documents and videos to their Profile.
In addition to the Member Registration Data, Members may choose to include a hyperlink to their business website in a specially designated area of the Website, which hyperlink will be available to both Members and visitors.
Any requests for further information about Gotham Membership must be submitted through an online request. Gotham may collect visitors’ contact information, such as name and e-mail address, if a non-Member visitor sends Gotham an online request. This information will only be used to answer your request; it will never be sold, rented or otherwise shared with third parties, without your prior informed consent.
In addition, by attending any Event, you hereby grant to Gotham, the absolute, perpetual and irrevocable right and permission to: (a) film, tape, illustrate, copy, render and photograph your image and likeness by any means now or later devised, and record any of your spoken words or speeches, in connection with the Event (collectively, “Event Images and Material”); and (b) copyright, use and reuse, publish and republish, publicly display, reproduce, copy, modify and create derivative works of, in whole or in part, in any medium, the Event Images and Material (or any portion thereof), together with your name, voice, biographical material and likeness, for any and all commercial or non-commercial purposes including, but not limited to, in connection with the exploitation, marketing, advertising and publicity of Gotham, any portion of the Service and/or any Gotham products and/or services; provided, however, that nothing contained herein shall give Gotham any right, title or interest in or to any Member or non-Member submissions associated with the Gotham Film Festival other than the right to use the Event Images and Material to market and promote the Gotham Film Festival.
Without limiting the foregoing, but subject to the caveat that nothing contained herein shall give Gotham any right, title or interest in or to any Member or non-Member submissions associated with the Gotham Film Festival other than the right to use the Event Images and Material to market and promote the Gotham Film Festival, you hereby acknowledge and agree that, all right, title and interest in and to the Event Images and Material (including, but not limited to, all worldwide copyrights in and to such Event Images and Material, and derivatives thereof, as well as the proceeds of the Event Images and Material, shall, from inception, be Gotham’s sole and exclusive property, free from any and all claims by you or any person deriving any rights or interests from you. Subject to the caveat that nothing contained herein shall give Gotham any right, title or interest in or to any Member or non-Member submissions associated with the Gotham Film Festival other than the right to use the Event Images and Material to market and promote the Gotham Film Festival, Gotham shall have the exclusive rights throughout the world to copyright any of the above in its name as the owner and author and to secure any and all applicable renewals and extensions of such copyright. Solely for the purposes of discerning each party’s intellectual property rights in and to the Event Images and Material, the Event Images and Material shall be considered a “Work for Hire” and the resulting property of Gotham under applicable copyright law; provided, however, that nothing contained herein shall give Gotham any right, title or interest in or to any Member or non-Member submissions associated with the Gotham Film Festival other than the right to use the Event Images and Material to market and promote the Gotham Film Festival.
Information Use/Sharing We do not sell, rent or trade any Member’s personal information to any third parties for financial gain or marketing purposes. We collect Members’ personal information, other than Sensitive Information, for posting at the Website in connection with those Members’ Profiles and for maintaining our Members registry. We provide you with the tools to fully control how your personal information is used and displayed in your Profile, as described in the Member Profile section hereinbelow. Where you register as a Member, we use the personal information that you make available to personalize your experience with the Website, facilitate the delivery of the applicable Services to you and for verification purposes. You also agree that we may contact you at any time with updates and/or any other information that we may deem appropriate for you to receive in connection with your continued use of the Website and/or Services, and to keep you informed of our other products and services.
We may permit our third-party agents, service providers, vendors and subcontractors to access your personal information, but they are only permitted to do so in connection with performing services for us and/or to operate the Website and/or Services. They are not authorized to use that personal information for their own benefit.
In addition, we do not use visitors’ information in a personally identifiable manner, except to respond to any requests received by you. As with our Members, we do not sell, rent or trade any visitor’s personal information to any third parties for financial gain or marketing purposes.
By submitting your personal information by and through the Website and/or Service, you agree that such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR §310 et seq.), as amended from time to time (the “Rule”) and applicable state do-not-call regulations. As such, notwithstanding that your telephone number may be listed on the Federal Trade Commission’s Do-Not-Call List, and/or on applicable state do-not-call lists, we retain the right to contact you via telemarketing in accordance with the Rule and applicable state do-not-call regulations.
Notwithstanding anything contained herein to the contrary, Gotham does reserve the right to collect and use aggregate or group data concerning our Members and visitors. Aggregate or group data is data that describes the demographics, usage or characteristics of our Members and visitors as a group without disclosing personally identifiable information. As a Member, or by visiting the Website, you agree to allow Gotham to provide such aggregate data to third parties.
To the extent that Gotham collects your credit card-specific information, if ever, we will use the information to process and complete any transaction that you request. By submitting your credit card information to us, you authorize Gotham to periodically verify that your credit card account continues to be a valid and active one by charging, and thereafter immediately crediting, a small sum to the card. Such verification, as well as payment processing, may be conducted through a third-party and, in that case, Gotham would share your specific credit card information with this third-party for verification and/or processing purposes. Apart from said uses, we will not share your credit card information with any third-parties without your prior informed consent.
Behavioral Tracking, Log Files and Cookies We store information that we collect through cookies and log files to create a user-profile of our Members and visitors. A user-profile is stored information that we keep which details your Website preferences. This user-profile is used to tailor your visit to the Website. We do not share your user-profile with any third parties.
Cookies A cookie is a piece of data stored on a computer tied to information about the particular user. We use both session ID cookies and persistent cookies. For the session ID cookie, once you close the browser, the cookie simply terminates. A persistent cookie is a small text file stored on your hard drive for an extended period of time. Persistent cookies can be removed by following Internet browser help file directions. More information on cookies can be found at http://www.cookiescentral.com.
By setting a persistent cookie on the Website, Members need not Log-in more than once on the Website, thereby saving time while on the Website. If you reject cookies, you may still use the Website. However, you cannot access the Members' portion of the Website or your Member Profile.
For our visitors, we only employ session ID cookies.
Log Files Like most standard websites, our servers collect and use log files. These include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks. We use these log files to analyze trends, administer the Website, track visitor's movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses generally are not linked to personally identifiable information. However, IP addresses may be tied to personally identifiable information to enable full access to Member areas.
Communications from the Website/Newsletters/Groups We send all Members a welcoming e-mail to verify Log-In information. In addition, Members will receive newsletters, meeting and Event notices, Website updates and e-mail messages from the applicable business group (“Group”) that you registered for. Please be advised that, upon registration, your e-mail address will be made available to other Group Members, who are authorized to contact you with Group-related content only. Please be advised that Group e-mails could be used to send you unsolicited messages. We are not responsible for the personally identifiable information that you choose to submit when you register for a Group, or for the actions of any Group Members in connection with sending you unsolicited messages, or otherwise.
In addition, you may choose to receive e-mails from the Gotham City Networking mailing list ("Fred's List"). Out of respect for the privacy of our Members, we present the option to opt-out of receiving e-mail messages from Fred's List, Group Lists and other newsletters. Please see the Member Profile and Opt-Out Sections below for further instructions.
Service Announcements On rare occasions, it is necessary to send out strictly service related announcements. For instance, if the Website is temporarily unavailable for maintenance, we may send a service announcement by e-mail. These communications are not promotional in nature.
Member Profile Members may access and edit, through their Log-in, their own Profile. Each Member can choose and/or modify what personal information will be made available to other Members via their Profile at the Website. Member Profiles are available only to other Members and not to the general public, unless that Member is considered a “Gotham Leader” in which case the Gotham Leader’s Profile may be available to visitors as well (please note, you can opt-out of being considered a Gotham Leader by contacting us at firstname.lastname@example.org).
Interactive Services If you comment on, or respond to, a blog post, respond to a blog post, Fred’s List e-mail, Group e-mail, newsletter or other interactive services forum (“Interactive Services”), you should be aware that any personally identifiable information that you submit there can be read (including, without limitation, your e-mail address when responding to any e-mails), collected or used by other Members, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information that you choose to submit in these Interactive Services forums, or for the actions of any Members in connection with sending you unsolicited messages, or otherwise. Further, by submitting comments, messages and/or other material via the Interactive Services and/or Website, you: (a) represent and warrant that Gotham’s use of your submission does not and will not breach any agreement, violate any law, violate any terms of service or infringe upon any third party’s rights; (b) agree that Gotham is free to use in any manner all or part of the comments, messages and/or other material on an unrestricted basis without the obligation to notify, identify or compensate you or anyone else; and (c) grant Gotham all necessary rights, including a waiver of all copyright, trademark, privacy and moral rights, to use all comments, messages and/or other material, in whole or in part, or as a derivative work, without any duty by Gotham to anyone whatsoever.
The blog posts, Fred’s List e-mails, Group e-mails, newsletters and other interactive services forums contain comments, opinions, information and other content that is provided directly by Members. Gotham shall have no obligations and incur no liabilities to you or any other Members in connection with any such comments, opinions, information and/or other content appearing within the blog posts, Fred’s List e-mails, Group e-mails, newsletters and other interactive services forums.
Opt-out Members who no longer wish to receive e-mail messages from Fred's List may opt-out of receiving these communications by indicating such in their Member Profile, using the unsubscribe link contained within every e-mail or by e-mailing us at email@example.com. Members who no longer wish to receive Group e-mail messages and newsletters may opt-out of receiving these communications by using the unsubscribe link contained within every e-mail or by e-mailing us at firstname.lastname@example.org. Please be advised that where you opt-out of certain Gotham communications, you may not receive notice about certain Services and/or Gotham-sponsored Events.
Notwithstanding the foregoing, we may continue to contact you for the purpose of communicating information relating to your request for Services, as well as to respond to any inquiry or request made by you. To opt-out of receiving Services-related and inquiry response-related messages from Gotham, you must cease requesting and/or utilizing the Services and cease submitting inquiries to Gotham, as applicable.
Identifying, Modifying and Deleting Your Personal Information At your request, we will inform you of what personal information we have on file for you. In addition, at your request, we will remove personal information that you have provided to us, or that we have collected. You may do so by contacting us via e-mail at: email@example.com; provided, however, that we ask individual Members to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others or would be extremely impractical (for instance, requests concerning information residing on backup tapes).
Please be advised that deleting your personal information will terminate your access to the Services, and will require termination of your associated account. If you wish to continue using your account, as well as the Services, you may not delete the personal information that we have on file for you.
Please be further advised that, after you delete your personal information, residual copies may take a period of time before they are deleted from our active servers and may remain in our backup systems.
Surveys & Contests In the future, Gotham may employ surveys or contests to gather information from our Members and/or visitors or to promote Gotham. Participation in these surveys or contests is completely voluntary and you have a choice whether or not to disclose such information. The requested information typically includes contact information (such as name and shipping address), and demographic information (such as zip code). Contact information will be used to notify the winners and award prizes. Anonymous survey information may be used for purposes of monitoring or improving the use and satisfaction of this Website. Member and/or visitor personally identifiable information will not be shared with third parties without prior notice and consent.
Security We endeavor to safeguard and protect our Members’ personal information. When Members make personal information available to us, their personal information is protected both online and offline (to the extent that we maintain any personal information offline). The privacy of your personal information is very important to us. When our registration process asks users to submit Sensitive Information (if any), and when we transmit such Sensitive Information, that Sensitive Information is encrypted and is protected with TLS encryption software.
Access to your personal information is strictly limited, and we take reasonable measures to ensure that your personal information is not accessible to the public. The servers that we store personal information in are kept in a secure physical environment. We also have security measures in place to protect the loss, misuse and alteration of personal information under our control. Please be advised, however, that while we take every reasonable precaution available to protect your data, no storage facility, technology, software, security protocols or data transmission over the Internet can be guaranteed to be 100% secure. Computer hackers that circumvent our security measures may gain access to certain portions of your personal information, and technological bugs, errors and glitches may cause inadvertent disclosures of your personal information; provided, however, that any attempt to breach the security of the network, our servers, databases or other hardware or software constitutes a crime punishable by law. For the reasons mentioned above, we cannot warrant that your personal information will be absolutely secure. Any transmission of data at or through the Website and/or Interactive Services is at your own risk.
All of our Members’ personal information, not just the sensitive information mentioned above, is restricted in our offices. Only employees or third party agents who need the personal information to perform a specific job are granted access to personal information. Our employees are dedicated to ensuring the security and privacy of all user personal information. Employees not adhering to our firm policies are subject to disciplinary action. In compliance with applicable federal and state laws, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your personal information. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.
Minors Visitors under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age) are not permitted to use and/or submit their personal information at the Website. Gotham does not knowingly solicit or collect information from visitors under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age). Gotham encourages parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children.
If, however, we are going to use Members' personally identifiable information in a manner different from that stated at the time of collection, we will notify Members via e-mail and by posting a notice on our Website. You will have a choice as to whether or not we use your information in this different manner and we will only use your information in this different manner where you opt-in to such use.
Filing a Complaint with the Federal Trade Commission
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