Privacy Statement - Children’s Discovery Museum of San Jose

Children’s Discovery Museum of San Jose (“the Museum,” “we,” or “us”) wants you to have a safe and fun experience when you use our website or otherwise interact with us. We are committed to protecting your privacy in the ways set forth in this Privacy Statement.

We hope that reading this Privacy Statement gives you a clear idea of how we manage information about you. Please carefully review this Privacy Statement.

By using or accessing the website, or by clicking through an acknowledgment, you consent to our collection, use, processing, and disclosure of information in accordance with this Privacy Statement.

Who We Are

San Jose Children’s Discovery Museum (dba Children’s Discovery Museum of San Jose) is a California nonprofit public benefit corporation organized in 1982 and incorporated in 1983. We are located at 180 Woz Way, San Jose, CA 95110. We operate as a children’s museum addressing the educational needs of children, youth and their families in Santa Clara County through participatory exhibits and programs that engage the senses and challenge the mind.

How This Statement Applies

This Privacy Statement applies to information you provide to us or that we collect automatically:

When you visit the website, including by tracking technologies; and
Through email, text, other electronic messages, paper registrations, telephone inquiries, on-site surveys or any other communications between you and the website or the Museum.

This Privacy Statement does not apply to information collected through any other means not referred to above.

This Privacy Statement does not supersede the Terms of Use that govern your use of the website. Any conflict between this Privacy Statement and the Terms of Use shall be determined in favor of the Terms of Use. Please read the Terms of Use carefully.

What is Your Personal Information

In this Privacy Statement, personal information (“PI”) means all of the following: identifying information such as your name, IP address, or social security number (when you fill out an employment application); contact information such as your mailing address, email address, or telephone number; and any other information which allows someone to contact or identify you. Information which can be used to identify you through reasonable inference, such as through a combination of demographic information like your age, date of birth, ethnicity, or education, is also personal information. This information can be maintained in any form.

Non-Personal Information (“NPI”) is information which may relate to an individual but does not by itself identify that individual. For example, browser information is NPI, as is information such as gender, age, city, and physical location, when not linked with other PI. NPI may be “re-identified” through certain processes by linking it to PI relating to the same individual.

Who Collects Information

Subject to this Privacy Statement, the Terms of Use, and any other rules or policies applicable to the website, the Museum and certain third parties collect the information described in this Privacy Statement through the website or through communications with the Museum.

Museum Pages and Content Managed by Third Parties

The website contains links to Third Party Managed Pages hosted, operated, or managed on the Museum’s behalf. Our contracted third-party service providers may directly collect PI and other information from you as necessary for completing authorized transactions or other engagements you undertake with the Museum on these pages. Examples of these Third Party Managed Pages include our donation, ticket purchase, and membership websites.

Cookies, Web Beacons, and Pixels Used by the Museum and Third Parties

The website also makes use of third-party Cookies, Web Beacons, Pixels, and dynamic tags, which may allow third parties to collect information about you and your activities on the website and enable others to provide you with functionality within our website and personalized advertising. Such information may be both PI or NPI. For additional information regarding how we may tailor your advertising experience, please see the “How We Use Your Information” section of this Privacy Statement. For additional information concerning Cookies, Web Beacons and Pixels, see the Glossary section of this Privacy Statement.

Links to Other Websites

Our website may provide links to external websites (websites that do not begin with www.cdm.org). Such websites are not covered by this Privacy Statement, and they may independently collect data or solicit information in different ways than we do. We encourage you to review the privacy statements of each website that you visit from our website. The Museum is not responsible for the privacy or data collection practices of any external website.

“Do Not Track” Signals

Due to the limited nature of user tracking by the Museum and its third-party partners in connection with our website, we do not respond to “Do Not Track” signals and similar mechanisms.

How We Collect Your Information:

We will collect your personal information when you, for example:

Visit or browse our website;
Use certain features on our website—including, for example, submitting a request form for a birthday party reservation or after-hours museum rental, filling out an employment or volunteer application, or filling out a contact request form;
Purchase any of our products or services, such as tickets or event hosting services;
Become a Museum member;
Donate to the Museum;
Contact us through various channels, or ask for information about an event, publication, product or service;
Take part in a competition, award, grant or survey; and
Subscribe to newsletters, alerts, or other services from us.

What We Collect

The types of information that we may have depend on the ways in which you engage with the Museum as well as the products and services you elect to receive. This may include, where applicable:

Your name, address, phone and/or mobile number, email address, date of birth, gender, ethnicity, languages spoken, education, interests, and occupation;
Your contact with us, such as a note or recording of a call you make to us, an email or letter sent, or other records of any contact with us;
Information we obtain from other sources, such as fraud-prevention agencies, and from other data providers. This includes demographic data, interest-based data, and internet browsing behavior;
Your social security number, educational and work background, and skills when you submit an employment application and/or a volunteer application;
Your employer information, number of children and their birthdates, if you are a museum member and have chosen to provide this information to us;
Your contribution history when you donate to the Museum;
Your city, state, time zone and visit history, when you access our website; and
See the “Use of Cookies and Other Tracking Technologies” section of this Privacy Statement for details on what we collect using cookies, web beacons and other technologies.

How We Use Your Information

We and our third party affiliates use the information you provide to us in a variety of ways, consistent with the Terms of Use and this Privacy Statement, which may include:

The Museum’s Contract(s) with you. When you elect to purchase tickets or a membership or engage in any other e-commerce transaction online with us, the link you click directs you to a page hosted by a third party vendor. This vendor uses the PI you provide to help us fulfill these e-commerce transactions, including collecting payment, where applicable. This may include PI and other information required to process payments through payment gateways (e.g. PayPal, Apple Pay).Other use cases may include, but are not limited to:
- Responding to your questions or providing information that you request;
- Providing you with products, services, or subscriptions you select, including associated benefits;
- Managing volunteer functions; and
- Collecting job applications from job seekers.
The Museum’s Legitimate Business Interests, for example, fraud prevention, maintaining the security of our network and services, direct marketing, and improvement of our website, products and services. This also includes use of your NPI. Purposes for which we may use such information include, but are not limited to, the following:
- Presenting our website and its contents to you, including by personalizing your website experience based on your interests;
- Dynamically generating content on web pages or in newsletters, or creating new tools, features, and services;
- Sending you communications regarding programs, events, and offerings, which may be personalized based on your interests;
- Determining how our website is being used, including by measuring website traffic, tracking the popularity of certain content, evaluating the purpose for which our users undertake certain activities, and tracking generic user behavior;
- Restricting underage use of our services;
- Contacting you as needed to address a suspected violation of the Terms of Use, this Privacy Statement, or any other rules or policies applicable to the website;
- Seeking judicial or law enforcement intervention if we believe your actions violate the law or threaten the rights, property, or safety of the Museum, its patrons or website, or a third party;
- Assisting in the defense of any lawsuit;
- Soliciting user feedback to assess user-satisfaction or other needs and interests; and
- However necessary to facilitate a bankruptcy, merger, acquisition, joint venture, or other business combination involving the Museum.
Whenever we rely on this lawful basis to process your data, we assess our business interests to make sure they are legitimate, our use is necessary for the applicable purpose, and that we do not override your rights.
Compliance With a Mandatory Legal Obligation, including for example accounting and tax requirements, which are subject to strict internal policies and procedures (such as retention periods).

Consent. When we process your personal information based on your consent, you can withdraw your consent at any time.We may post pictures or videos of our patrons engaging in museum activities on our website, but only with their written permission, or the written permission of a parent or legal guardian if they are under the age of eighteen (18). We may also post videos or pictures of our patrons on our Site or on other websites (such as the video hosting platform Youtube), but only with their permission, or with the permission of a parent or legal guardian if they are under the age of eighteen (18). We endeavor to respect the privacy of our patrons and never intentionally post videos or photos of our patrons without their consent. If you feel that any video or photo violates these policies or you would like to revoke previously granted consent, please contact us (see the “Contact Information” section below).

Other Potential Uses for Your Personal Information. In addition to the above scenarios, we may lawfully process your personal information for the following purposes:

Mailers, Newsletters, and Alerts

When you provide an email address or mailing address to us, you may from time to time receive communications from us regarding programs, events, and offerings. You may choose to opt out of these communications. For more information on removing your name from our mailing list, please see the “Opting-Out of Marketing Messages” section of this Privacy Statement.

Use of Cookies and Other Tracking Technologies

The website makes use of automatic data collection technologies including first and third-party Cookies, log files, Web Beacons, Pixels, dynamic tags, and/or other technical means (we refer to these collectively as “Cookies”).

Cookies enable certain features on our website—for example, making an online purchase or choosing to “share” a page on Facebook. Cookies also help us improve our website to better meet the needs of users like you, for example by collecting data on what website content is most popular or how visitors use the website. Depending on what parts of our website you visit or use, Cookies may be set by other third parties, such as our payment processor, social networks, or service providers.

We may use these technologies to collect information about your online activities over time and across third-party websites or other online services to deliver content and advertising tailored to your interests, both on the website and on third-party websites. This practice is commonly known as “Online Behavioral Advertising.”

The third parties who provide us with third-party Cookies may use these technologies to collect information about you when you use the website to provide you with tailored advertising. Third parties may have the ability to link the information they collect about you when you use the website with other information they collect about you elsewhere on the Internet or information about the device you are using. Third parties may also collect information about your online activities over time and across different websites and other online services or mobile devices and may use this information to provide you with Online Behavioral Advertising or other targeted content.

We encourage you to research and learn about Cookies and other technical means through which information about you may be collected through the websites you visit. For additional information concerning Cookies, Web Beacons and Pixels, see the Glossary section of this Privacy Statement.

Disclosure of Information to Third-Party Vendors and Service Providers

The Museum has engaged third-party vendors and service providers to provide services in connection with the website, and to help us manage our web presence and improve performance. We may share PI or other information with these third-party vendors and service providers as necessary so that they may provide the services for which they have been engaged.

Social Networking

The Museum may maintain a presence on third-party social networking websites such as Facebook, Youtube, Twitter, Pinterest, Instagram, Medium, Flickr, SnapChat, or Yelp. The Museum does not control or have responsibility for the collection, tracking, use, or disclosure of your information gathered through these social networking websites, including through the Museum’s pages or profiles within those websites, or otherwise because of your use of social networking websites. Third-party social networking websites may have the ability to link the information they collect about you when you use the website with other information they collect about you elsewhere on the Internet. Third-party social networking websites and advertisers on these websites, including on the Museum pages or profiles within these websites, are not obligated to follow or apply this Privacy Statement or our Terms of Use. If you have any questions about an advertisement or other targeted content, you should contact the responsible social networking provider directly.

Research and Analytics

We or our third party service provides use a variety of analytics methods to synthesize large and varied data sets. Analytics are used to, for example:
- Improve our website experience by collecting aggregate data regarding how our website is used, such as the as the frequency and duration of visits, the content accessed, and the devices and browsers used to access it;
- Conduct market research by collecting aggregate data regarding our website users, such as location, age, and gender information;
- Inform our advertising campaigns, for example by monitoring the effectiveness of advertisements or by targeting certain audiences; and
- Personalize the website experience to deliver content best tailored to users’ interests.

How We Share Your Personal Information

Where applicable, we share information about you with:

Partners, suppliers, and agents involved in processing and delivering the products and services you have ordered or used, or the benefits attendant to those products and services (e.g., member benefits);
Companies who are engaged to perform services for, or on behalf of, the Museum;
Law enforcement agencies, government bodies, regulatory organizations, courts or other public authorities if we must, or are authorized to by law; and
A third party or body where such disclosure is required to satisfy any applicable law, or other legal or regulatory requirement.

We never trade or sell your personal information to any third parties.

Cookies

Most browsers allow you to disable or delete Cookie data if you do not want information to be collected through the use of Cookies. Some features of our website may not be available if you chose to disable or delete Cookies. Various third parties provide additional tools to assist you in managing your own preferences regarding Cookies and digital advertising.

IP addresses

The Web server automatically collects the Internet Protocol (IP) addresses of the computers that access our website. An IP address indicates which computer sent a query, and it may be correlated with information like user logs, query patterns, and other contextual information. Typically, we use this information in aggregate form to understand how our website is being used and to analyze how we can better serve visitors.

Employment and Volunteer Applications

The Museum’s website gives job seekers and/or prospective volunteers the option of filling out an application for employment and/or volunteering. Users who fill out the application are asked to submit their PI. This information is only used for the purpose of evaluating the applicant’s suitability for their desired position.

Event Management

We sometimes engage third party vendors to help facilitate Museum events, such as during our fundraising auctions or Imagination Playground workshops. Your Personal Information may be shared with those third parties only to the extent reasonable necessary for those third parties to provide the services for which they have been engaged.

How We Retain Your Personal Information

We retain Personal Information for as long as retention is, or reasonably may be, needed for the purpose for which the information was provided or as otherwise required by law.

How We Keep Your Personal Information Secure

We take steps to protect your Personal Information from unauthorized access, use, modification, and disclosure, but no security system is perfect. The information you provide could be compromised by viruses, hacker attacks, data breaches, hardware or software failures, or other threats. We cannot ensure or warrant the security of any information that you provide or that we may learn as a result of your use of our website, and you do so at your own risk.

If you make a purchase or donation through our website, your online transaction will be handled by a third-party payment processor subject to the Payment Card Industry Data Security Standard (PCI DSS). The Museum does not receive or store credit card numbers or security codes you provide when you make an online transaction.

Our website may also provide links to other third-party websites. We cannot be responsible for the security and content of such third-party websites. Please be sure to read that company’s privacy and Cookies policies before using or putting your personal information on their website. The same applies to any third-party websites or content you connect to using our products and services.

You may choose to disclose your information in certain ways such as through social plug-ins (including those offered Facebook) or using third-party services that allow you to post reviews or other information publicly, and a third party could use that information. Social plug-ins and social applications are operated by the social network themselves and are subject to their own terms of use and privacy and Cookies policies.

Communications over the internet (such as e-mails) are not secure unless they have been encrypted. Your communications may go through several countries before being delivered, as this is the nature of the Internet. We cannot accept responsibility for any unauthorized access or loss of personal information that is beyond our control.

We will never ask for your secure personal information by an unsolicited means of communication. You are responsible for keeping your personal information secure and not sharing it with others.

Opting-Out of Marketing Messages

You may add or remove your name from our mailing list at any time by contacting us (see “Contact Information” below). Any marketing email you receive from us will also contain a link that allows you to opt out of future emails and will otherwise comply with the provisions of the CAN-SPAM Act (15 U.S.C. § 7701 et seq.).

Children and Privacy

Our website is intended for use by parents, teachers, and other adults. We do not knowingly collect or maintain any personal information (as defined at 16 C.F.R. Part 312) from any child under the age of thirteen (13) without the express written consent of the child’s parent or legal guardian. If we learn we have received such information, we will delete that information as soon as possible. If you believe we have collected personal information from or about a child under the age of 13 without the appropriate authorization, please contact us (see “Contact Information” below).

International Users

The website is based in the United States and, regardless of where you access the it, the information collected as part of that use will be transferred to and maintained on servers located in the United States. Any information we obtain about you will be stored in accordance with U.S. privacy laws, regulations, and standards, which may not be equivalent to the laws in your country of residence. By using the website, you consent to this collection, transfer, storage, and processing of information to and in the United States in accordance with the foregoing.

Contact Information

Questions and concerns about privacy issues or this Privacy Statement should be directed to us at contactus@cdm.org, 408 298-5437 (telephone), or 408 298-6826 (fax) or by letter to:

Children’s Discovery Museum of San Jose
ATTN: PRIVACY INQUIRIES
180 Woz Way
San Jose, CA 95110

Changes to This Privacy Statement

We may revise this Privacy Statement at any time without advance notice by posting an updated version of the Privacy Statement on the Museum website. Please check this Privacy Statement frequently so that you are aware of the most current policies that apply. We will provide a notice of any material change to this Privacy Statement on the Museum’s home page during the 30 days following the effective date of the change.

Updates and Effective Date

We have made changes to our Privacy Statement to make it clear we allow some third-party Cookies on our website, and that we may use third-party technologies such as Web Beacons or Pixels to better understand our audience.

This Privacy Statement was last updated on July 11, 2019.

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Glossary

Cookie (or browser Cookie). A small data file that is stored on the computer you use to view a website. Cookies are used by many websites. Cookies are placed on a website (“first party”) or by a third party with a presence on a website (“third party”), such as an advertiser using a Web Beacon, and are generally accessed only by the party or website that placed the Cookie on the computer. Cookies may contain pieces of PI. Cookies may be persistent (saved on your device even after you close your Browser) or non-persistent (deleted when you close your Browser). Cookies may be “essential” for the use of a website (e.g., session-id Cookies, authentication Cookies, or user-centric security Cookies), or “non-essential” e.g., third-party advertising cookies or other tracking Cookies. As used in this Privacy Statement, the term “Cookies” also refers to Web Beacons and Pixels.

Third Party. Someone who is not you or us.

Web Beacons or Pixels (also often referred to as “clear GIFs,” “pixel tags,” “1-by-1 GIFs,” “Single-Pixel GIFs,” “1 x 1 Pixels” or “clear Pixels”). Pages of the website and our e-mails may contain small electronic files known as web beacons that permit us and/or third parties to collect Web Information during your visit to the website. For example, Web Beacons may be used to count the number of users who have visited a page or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity). Web Beacons send information back to their home server (which can belong to the host site, a network advertiser, or some other third party) from the users’ Browser, such as the IP address, the URL of the page on which the beacon is located, the type of Browser that is accessing the website, and information stored in any Cookies on the users’ computer previously placed by that server. Web Beacons can also be used to place a Cookie on the users’ Browser. Third parties who provide us with Web beacons or Pixels may have the ability to link the information they collect about you when you use the website with other information they collect about you elsewhere on the Internet, including but not limited to your PI or information about the device you are using.