LAST UPDATED: September 6, 2018
The New Orleans Museum of Art (“NOMA”) is committed to protecting the privacy of our visitors. This policy governs the way we electronically collect and use information both online and offline, including when you visit our websites, use a NOMA kiosk or use a NOMA application (collectively referred to as the “NOMA Website”). This Privacy Policy explains the types of personal data we collect, how we may use and share the data, and the privacy choices that you have with respect to our handling of personal data about you.
This Privacy Policy governs all persons (“Users” or “you”) who use the NOMA Website. Please read the entire Privacy Policy carefully. By using the NOMA Website, you agree to be bound by the terms and conditions of NOMA’s Privacy Policy and Terms of Use (collectively “NOMA Policies”). If you do not agree with the NOMA Policies, please cease all use of the NOMA Website.
Please note that the NOMA Policies may change from time to time without prior notice to you, and your continued usage after any changes represents your agreement to the new terms. Please review the Privacy Policy periodically for changes. If we make material changes to this policy, we will strive to provide notice ahead of such changes, such as through emails or through a notice on the NOMA Website.
How we collect and use the information you provide
We collect and use the information you provide to personalize the NOMA Website so that we can better meet your needs, fulfill your online order, facilitate customer service, inform you of products and promotional offers, analyze trends; collect statistics; prevent misuse; comply with legal obligations; and for general business operations.
Information about the content you visit and services you use may be used alone or in conjunction with information collected from other users to help NOMA tailor the NOMA Website to better suit the needs and interests of you and other Users.
I. How We Collect Information
The term “Personal Data” includes information that has been provided by Users through the NOMA Website to NOMA, when a User creates a NOMA Website account, makes a purchase, communicates electronically with us, or otherwise. Personal Data does not include data from which you can no longer be identified due to encryption or anonymity.
We may collect Personal Data from various sources, including:
- Directly from you, at your direction or with your consent;
- Through information and content you provide;
- From companies that organize events or programs with NOMA to which you have provided Personal Data;
- From our vendors and other third parties who join with NOMA in initiatives and projects (such as advertisers, fellowship sponsors, etc.) to which you have provided Personal Data; and
- Automatically as you navigate through the site
We maintain the data that you provide in databases that are secured using commercially-reasonable, industry standard protections. Our collection and use of visitor information varies with the type of visit or transaction.
II. Online retail purchases
When you order a product from the NOMA online store, you will need to provide your name, billing and shipping addresses, telephone number, email address, and credit card information to process your order. NOMA does not access or receive your credit card information. Your credit card information is received directly by our third-party payment card processors and service providers to perform fraud detection and payment processing services. If your purchase is rejected by our website because it was detected as a possible fraudulent use of a payment card, and you are in fact the authorized user of the card, you can contact us at museumshop@noma.org or call (504) 658-4116 for the issue to be evaluated and resolved. We will retain your name, billing and shipping address, telephone number, and email address provided for our records, in order to facilitate better customer service, and to inform you of our products and promotional offers. You may opt out of receiving these communications from NOMA by following the instructions in those emails. You may also contact NOMA at privacy@noma.org to request removal from NOMA’s promotional communications lists.
III. Online memberships and donations
When you purchase a NOMA membership or make a donation to NOMA online, we will ask you to provide us with the information we need to process your membership and/or to acknowledge your contribution. This information includes your name, billing and mailing addresses, telephone number, email address, and credit card information. NOMA does not access or receive your credit card information. Your credit card information is received directly by our third-party payment card processors and service providers to perform fraud detection and payment processing services. If your purchase is rejected by our website because it was detected as a possible fraudulent use of a payment card, and you are in fact the authorized user of the card, you can contact us at membership@NOMA.org or call (504) 658-4127 for the issue to be evaluated and resolved. We will retain your personally identifiable information for our records, in order to facilitate better customer service. To process payments for members who have selected automatic renewal, the payment information will be stored using an encrypted token that is only accessible in unencrypted format by our third party processors, until such time that either the payment information expires (when we will contact you to update it), or the auto-renewal of the membership is canceled by you. In certain cases, you may be asked for additional information to complete your request, such as the names and birth dates (month/year) of your children if obtaining a Family membership or any Contributing membership with children (see “Children 13 and under”).
We may share the names and postal addresses we receive from members and donors with other nonprofit organizations. If you do not want to have your information used in this way, you may send an email message containing your name and postal address to membership@NOMA.org. Please see Section VII for further information on how NOMA may share your Personal Data.
IV. Online purchases of Museum admission tickets, event tickets, and course registrations
NOMA works with third-party contractors to process ticketing for certain events or registration for certain courses. NOMA contractually requires its vendors to maintain the security of the information which you provide to them and restricts the vendors from using this information in any way not expressly authorized by NOMA.
The Privacy Policy only applies to the NOMA Website and not the services provided by third-party contractors or processors. To the extent that the NOMA Website makes use of other applications or services, regardless of ownership by NOMA, the Privacy Policy only applies to the NOMA Website. The NOMA Policies do not apply to third party services. We suggest contacting the third parties and any other utilized service or application directly for information on their privacy policies
Automatic Data Collection
As you navigate through and interact with the NOMA Website, automatic data collection technology may be used to collect certain non-personal information about your equipment, browsing actions, and patterns. The information we collect automatically is statistical data and may include personally-identifiable information. This helps NOMA improve the NOMA Website and deliver a better, more personalized service, including enabling us to: estimate audience size and usage patterns; store information about your preferences, allowing us to customize the NOMA Website according to your individual interests; speed up your searches; and recognize you when you return to the Website. The type of information that may automatically be collected includes: use information (e.g., traffic data, access times, logs, pages viewed, and other communication data and resources that you access and use); and device information (e.g., IP address, operating system, type of electronic device, unique device identifier, serial number, and browser type).
In order to perform this automatic data collection, we use various technologies including cookies and web beacons. A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. In order to use all the features of the NOMA website, we recommend that you accept cookies.
Specific instances where cookies are used include, but are not limited to the following:
- If you have an account and you log in to this site, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
- When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
- If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.
Pages of our Website and our email may also contain small electronic files known as web beacons (also known as clear gifs, pixel tags, and single-pixel gifs) that permit us to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
V. Types of Information We Collect
The types of Personal Data we may collect may include:
- Contact information, such as name, email address, postal address, telephone number, username and password combination;
- Demographic information, such as date of birth, gender, and zip code;
- Information to confirm an individual’s student status or affiliation with a research institution, including place of employment or enrollment;
- Information in connection with employment, fellowship, or internship applications;
- Third party account information (if you provide NOMA with account credentials that can be used to sign into a third party site or service), such as username(s), public profile(s), email address(es), contact list(s), and related information. Providing this information is not required, but certain additional features of the NOMA Website may require this data to properly function;
- Content you make available through social media accounts (e.g., when you sign in using social media plug-ins);
- Interaction data, such as photographs, physical location, correspondence and communications made using the NOMA Website, and any other information a User chooses to provide;
- Communication information, such as records and copies of correspondence that you send to NOMA, including email addresses, responses to surveys, search queries, and other information provided directly to us;
- Billing information, such as credit card details, billing address, and proof of identification; and
- Membership information, such as your name and any information you submit in connection with your member profile.
From time to time, we may use or augment the personal information we have about you with information obtained from other sources, such as public databases, social media platforms and other third parties. For example, we may use such third party information to confirm contact or billing information, to verify professional affiliations or to better understand your interests by associating demographic information with the information you have provided.
VI. How We Use Your Information
We may use the information we collect to:
- Present the NOMA Website and their contents to you;
- To provide you with notices about your account, membership, and/or orders;
- Respond to requests, questions, and comments;
- Manage ticket sales and group reservations;
- Provide and manage memberships;
- Collect and process donations;
- Fulfill, manage, and send you information about your orders;
- To fulfill any other purpose for which you provide it;
- Offer educational and public programs;
- Offer mission-related products and services that we believe may be of interest to visitors and the public;
- Offer and administer promotions, auctions, or other contests;
- Conduct market research and administer surveys;
- Provide you with newsletters, articles, announcements, invitations, and other information about programs, exhibitions, other third parties, and events;
- Process requests to access the NOMA archives;
- Analyze and enhance our communications and strategies (including by identifying when emails have been received and read);
- Tailor the content we display to Site users in our communications, and in connection with the use of our Sites;
- Generate anonymized data for further data analytics;
- Process employment, internship and fellowship applications, as further described in the “Employment, Internship and Fellowship Applications” section below;
- To comply with and enforce our agreements with third parties;
- To assist third-party payment processors with transaction processing, error, chargeback, and disputed transaction resolution, and similar payment processing functions;
- Comply with legal requirements, judicial process, and our policies (including to verify Site users’ identity in connection with access or correction requests);
- Protect against, identify, investigate, and respond to fraud, illegal activity (such as incidents of hacking or misuse of our Sites), and claims and other liabilities, including by enforcing the terms and conditions that govern the use of the Sites;
- In any other way we may describe when you provide the information; and
- For any other purpose with your consent.
In an ongoing effort to better understand and serve Users, we may conduct research on our Users’ demographics, interests and behavior based upon the data and information provided to us. This research may be compiled and analyzed on an aggregate basis, and we may share this aggregate data with our affiliates, agents, business partners, and any other party that NOMA chooses to share the information in order to support NOMA’s business goals and purposes. The aggregate information does not identify you personally. We may use such aggregated information for our own legitimate business purposes without restriction.
We may also use your information to send you promotional communications, such as NOMA Newsletters. You may opt out of receiving these communications from NOMA by following the instructions in those emails. You may also contact NOMA at privacy@noma.org to request removal from NOMA’s promotional communications lists.
VII. How We Share Your Information
We may disclose aggregate information about our Users and information that does not identify any individual without restriction.
- We may share the Personal Data we collect or you provide as described in this Privacy Policy:
- To subsidiaries and affiliates;
- To contractors, service providers, and other third parties we use to support our business and carry out work on our behalf to the extent that said disclosure is necessary to perform that support or work;
- In the aggregate, to other third parties who join with the NOMA in initiatives and projects
- Other members or donors in limited circumstances, such as to identify donors, identify attendees to sponsors- or fellows-exclusive events, or to spotlight members or donors in NOMA newsletters. The Personal Data shared under these circumstances is limited to name and mailing information.
- Other cultural organizations in limited circumstances, such as in event partnerships with other museums for joint events. The Personal Data shared under these circumstances is limited to name and mailing information.
- To third parties and/or partners who we contract with to provide that information for marketing or business relationship purposes;
- To a buyer or successor in the event of a merger, divesture, restructuring, reorganization, dissolution or sale or transfer of some or all of NOMA’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by NOMA about Users is among the assets transferred;
- To fulfill the purposes for which you provide it. For example, if you donate to NOMA and provide your name to included in NOMA’s donor listings, then we may publicize your name and donation level or amount. In further example, if you provide User Content to be posted, then we may make that information publicly available through the NOMA Website as directed;
- To comply with any laws, court order, or other legal processes or government requests in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend our rights or property, (iii) act in urgent circumstances to protect the personal safety of users of the NOMA Website or the public, or (iv) protect against legal liability;
- To enforce or apply our terms of use and other agreements, including for third party billing and collection purposes;
- If we in good faith believe that disclosure is necessary or appropriate to protect the rights, property, or safety of NOMA, the NOMA Website Users, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction;
- For any other purpose disclosed to use when you provide the information; and
- With your consent.
Unless prohibited by applicable law, we reserve the right to transfer the information we maintain in the event we sell or transfer all or a portion of our organization or assets. If we engage in such a sale or transfer, we will – where required by applicable law – make reasonable efforts to direct the recipient to use your Personal Data in a manner that is consistent with this Privacy Policy. After such a sale or transfer, you may contact the recipient with any inquiries concerning the processing of your Personal Data.
VIII. Our Legitimate Interests
We process your information given our lawful and legitimate interests in providing the public with access to our exhibitions, programs and membership. We may also process your information given our legitimate interest in undertaking marketing activities and collecting donations to promote and fund activities and programs in furtherance of our mission.
IX. Data Retention
NOMA will retain Personal Data for as long as is necessary for the processing purpose(s) for which the data was collected, and any other permissible, related purpose, including satisfying any legal, regulatory, accounting or reporting requirements. When we no longer need the personal information we collect, we either anonymize the information or securely destroy the information.
X. Content Submitted by Users
Some features of the NOMA Website may allow you to post content on our websites or mobile apps, or social media pages, such as product reviews (“User Content”). Content that you provide may be shared publicly or with other users or third parties.
The User Content that you submit is posted and transmitted at your own risk. Please be aware that no security measures are perfect or impenetrable. Additionally, NOMA cannot control the actions of other Users with whom you may choose to share the User Content. In some cases, Users that you share and communicate with may download or re-share this content with others on and off of the NOMA Website. Therefore, we cannot and do not guarantee that your User Content will not be viewed by unauthorized persons.
XI. Employment, Internship and Fellowship Applications
If you apply for employment or an internship or fellowship with NOMA, we will use the information you provide to process your application, to monitor recruitment statistics, and to comply with government reporting requirements. If an applicant becomes a NOMA employee or intern, NOMA will maintain a record relating to that person’s employment or internship participation (including information collected via the employment or internship application) and may provide additional information about our data practices in connection with employee and intern data to the extent required by law.
NOMA does not knowingly collect Personal Data from children under age 13. If we learn that we have collected Personal Data from a child under the age of 13, we will delete that information as quickly as is practical. Visitors under 13 years of age should remember that they are required to obtain an adult’s permission before submitting any personal information to this or any other website
XIII. Your Rights and Choices
Individuals in certain jurisdictions, such as in the European Union, may have certain rights and choices regarding NOMA’s processing of their Personal Data. Such rights may include the right to: (a) known what personal information NOMA has collected about you; (b) update or correct such information if you believe there is an inaccuracy; (c) restrict the processing of your personal information; (d) request deletion of your personal information; (e) object to our use of your personal information; (f) request transmission of your personal information to another data controller; or (g) make a complaint about how we handled your personal information.
We reserve the right to verify your identity in connection with any requests regarding Personal Data to help ensure that we provide the information we maintain to the individuals to whom it pertains, and allow only those individuals or their authorized representatives to exercise rights with respect to that information. For questions regarding these rights or the Privacy Policy, or if you would like to exercise any of these rights provided under local law in your jurisdiction, please send us an email at privacy@noma.org.
If NOMA relies on your consent for the processing of your Personal Data, we will obtain your consent at the time we collect your Personal Data. To the extent provided by applicable law, you may withdraw any consent previously provided to us, or object at any time on legitimate grounds, to the processing of your Personal Data. We will apply these preferences going forward. In some circumstances, withdrawing consent to our use or disclosure of your Personal Data will mean that NOMA may no longer be able to provide you with services or information about programming or initiatives that may be of interest to you.
XIV. Access to and Correcting Personal Data
You may access the data we maintain about you by submitting a request to privacy@noma.org. Unless applicable law prohibits that disclosure, we will provide you with a copy of the Personal Data we maintain about you in the ordinary course of business, in a commonly used format. You may request to correct any errors in your Personal Data. We may reject your request to access or correct Personal Data, as permitted by applicable law. If we reject your request, we will notify you of the reason(s) for the rejection.
XV. Deletion of Personal Data
You may request that we delete your Personal Data. We may reject your request, as permitted by applicable law. For example, NOMA may be required by legal, tax or other reasons to retain your Personal Data in its business or donation records. If we reject your request, we will notify you of the reason(s) for the rejection.
XVI. Exceptions
This Privacy Policy shall not apply to any unsolicited information you provide to us. This includes, but is not limited to, information posted to any public areas of the NOMA Website, any ideas for new programs, exhibits, or modifications to existing services, posts made on NOMA’s social media accounts, and other unsolicited submissions (collectively, “Unsolicited Information”), that by its nature is accessible or intended to be accessible to other users of the NOMA Website.
All such Unsolicited Information shall be deemed to be non-confidential and we shall be free to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution. We cannot and will not be responsible for what third parties do with any User Data or other information that you choose to make publicly available. As such, we advise that you exercise great care in determining what information you choose to make publicly available through the NOMA Website.
The NOMA website may include links to websites operated by third parties over which we have no control. Once you leave the NOMA website, the NOMA Privacy Policy will not apply, and you access such sites at your own risk.
XVII. Emailing NOMA
If you send an email to NOMA, your message and email address may be saved and we may send you emails in order to respond to your message. Any material, business information, ideas, concepts, or other information sent to NOMA by email will be treated as non-confidential and non-proprietary. We will only use the information provided in your email and your email address to improve the NOMA website, services, and products, and to fulfill or respond to your requests for products, services, or information.
XVIII. Third parties
Please be aware that our site may contain links to other sites hosted by third parties. Different rules may apply to their collection, use, or disclosure of your personal information. While we attempt to facilitate access only to those third parties that share our respect for your privacy, we cannot take responsibility for the content, privacy policies, or practices of those third parties. We encourage you to review other websites’ policies before revealing any personally identifiable or sensitive information.
XIX. Online surveys
From time to time, NOMA may invite you to participate in surveys posted on the NOMA website or sent to you by email. You may decide whether you wish to complete such surveys, which may ask about your background, occupation, or similar questions. We use this information to help us better understand our audience, which in turn allows us to better meet your needs and interests. Information collected in these surveys is never sold, rented, or shared with third parties for marketing purposes, but we may share it with outside vendors to analyze the information we collect.
XX. Media and Embedded Content
If you upload images to the NOMA Website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the NOMA Website can download and extract any location data from images on the website.
Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracing your interaction with the embedded content if you have an account and are logged in to that website.
XXI. Data Security
NOMA takes reasonable steps to protect the Personal Data provided to us through the NOMA Website from loss, misuses, and unauthorized access, disclosure, alteration, or destruction, including through restriction of access to Personal Data to our employees, contractors, agents, and consultants who need to know that information in order to operate, develop, or improve the NOMA Website. NOMA maintains reasonable administrative, technical and physical safeguards designed to protect the Personal Data we maintain. Despite these efforts, however, no organization, including NOMA, can fully eliminate risks, guarantee the security of Personal Data, or ensure transmissions will be error-free. In particular, e-mail sent to or from NOMA may not be secure. Therefore, you should therefore take special care in deciding what information you send to us via e-mail. Please keep this in mind when disclosing any Personal Data to us via the Internet.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the NOMA Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the NOMA Website. The information you share in public areas may be viewed by any User of the NOMA Website.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to the NOMA Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the NOMA Website.
XXII. Location in the United States
NOMA operates its website and services from the United States of America and stores the information we collect in the United States of America. As such, the recipients of your Personal Data may be located outside of the jurisdiction where you personally reside. The laws of the United States may not provide the same level of protection as your home country. By providing us with information about yourself, you acknowledge the disclosure of such personal information to these recipients. Any processing of your personal information outside of your jurisdiction shall be in accordance with this Privacy Policy.
XXIII. Notification to California Residents
California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are residents of the State of California in the United States to annually request and obtain, at no charge, information about the personal information (if any) we have disclosed to third parties for direct marketing purposes in the preceding calendar year. This information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request to privacy@noma.org.
XXIV. Email disclosure
If you have provided us with your email address, we may send you emails in order to alert you to information, events, activities, or programs at or related to NOMA that we believe may be of interest to you, or to alert you about sales or other promotional events at the NOMA online store. If you do not want us to use your email address to contact you for these purposes, you may send an email message containing your name and postal address to requests@noma.org.
XXXV. Contact NOMA
Send your questions, comments, or concerns about our Privacy Policy or any other aspect of our website and services to privacy@noma.org or:
Privacy Officer
New Orleans Museum of Art
1 Collins Diboll Circle
New Orleans, LA 70124