Effective: May 25, 2018
Please note the arbitration provision set forth below, which may, except where and to the extent prohibited by law, require you to arbitrate any claims you may have against NACUBO on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
A. Information Collected
When you use the Sites, we collect both personal information and non-personal information. “Personal information” is any information relating to an identified or identifiable natural person. “Non-personal information” may include technical information that does not identify an individual personally. We note that over time, non-personal information could become personal information through regulatory developments, technological advancements, or co-mingling with personal information. The types of personal information we collect from you depends on the features you use on the Sites. In particular, we collect the following information from and about you:
- Account Information. We may collect information from you when you sign up for a membership with us. That information may include, among other things, your full name, email address, username, password, phone number and other information you provide.
- Email Addresses. We may collect your email address and name if you request information from the Sites.
- Payment and Financial Information. We may collect payment information, such as your payment card number, expiration date, billing address and payment account name.
- Demographic Information. We may collect your demographic information, such as your age, gender, city, state and country.
- Usage Information. We may collect information about how you and your devices interact with the Sites. This could include features you use, the web pages you visit and the search terms you enter. This could also include information about your devices and the network you use to connect to our services, including IP addresses, device identifiers and information about the performance of the services you use on the Sites and any problems you experience with them.
- Location Information. We may collect your location information. This information may help us provide recommendations to you based on your location, serve you with advertisements or direct you to a product or service that we believe may be of interest to you.
- Content and Other Information You Provide to Us. We may collect additional content and information that you voluntarily provide us, such as when you post a comment, submit a complaint or send us feedback.
You have choices about the information we collect. When you are asked to provide personal information, you may decline. However, if you choose not to provide information that is necessary to provide a product or service, you may not be able to use some of our features, products or services.
How We Collect Personal Information
(1) Active Collection
We collect and store the personal information from you directly, at the time you supply information to us via the Sites. For instance, if you sign up for a membership or contact us with a question, we may store your communications, including any personal information you include in them, so we can effectively respond to you. If you do not want us to collect your personal information, please do not provide it to us.
(2) Passive Collection
We may collect information passively while you are visiting or interacting with the Sites. We call this “passive” collection because you may not know that this information is being collected. Here are some examples of the information that is collected via the Sites and a description of how this information is used:
- Internet Protocol (IP) addresses. Your IP address is a number that lets computers attached to the Internet know where to send your information, such as the webpages you view. We use this information to deliver our webpages to you upon request, tailor our Sites to the interests of our members and users and measure traffic within our Sites.
- Cookies, web beacons, and other similar technologies. A cookie is a small text file that may be used to collect information about your activity on the Sites. For example, when someone visits a page within the Sites, a cookie is placed on the user’s machine (if the user accepts cookies) or is read if the user has visited the Sites previously. Web beacons are tiny graphics with a unique identifier, similar in function to cookies, and are used to allow us to count members and users who have visited certain pages of the Sites and to help determine the effectiveness of promotional or advertising campaigns. When used in HTML-formatted email messages, web beacons can tell the sender whether and when the email has been opened. Web beacons are embedded invisibly on webpages. For more information, please see the Cookies and Similar Technologies section below.
B. Cookies and Similar Technologies
We use, and allow certain third parties to use, cookies and other similar technologies to provide our services and to help collect information. We, or third parties, may use session cookies or persistent cookies. Session cookies only last for the specific duration of your visit and are deleted when you close your browser. Persistent cookies remain on your device’s hard drive until you delete them or they expire. Different cookies are used to perform different functions, which we explain below:
- Essential. Some cookies are essential in order to enable you to move around our Sites and use their features, such as accessing secure areas of the Sites. Without these cookies, we cannot enable appropriate content based on the type of device you are using.
- Browsing and functionality. These cookies allow us to remember choices you make on the Sites, such as your preferred language and the country from which you are visiting, and provide enhanced, more personalized features.
- Performance and analytics. We use our own cookies and third-party cookies to see how you use our Sites and services in order to enhance their performance and develop them according to your preferences. In particular, we use:
There are several ways to manage cookies. You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser. If you block certain cookies, you may not be able to take advantage of the personalized features enjoyed by other members or users of our Sites. We also note that by blocking or deleting cookies which are “strictly necessary,” you will not be able to access certain features of our Sites.
In the United States (US), the Network Advertising Initiative also offers a means to opt-out of a number of advertising cookies. Please visit www.networkadvertising.org to learn more. Note that opting-out does not mean you will no longer receive online advertising. It does mean that the company or companies from which you opted-out will no longer deliver ads tailored to your preferences and usage patterns.
C. Use of Information Collected Via the Sites
(1) Personal Information
We use your personal information collected on the Sites primarily for the following purposes:
- Customer User Experiences. We may use your personal information to complete a transaction or service requested by you, or to provide you with services, such as educational programs, or information.
- Advertising, Marketing, and Promotions. We may use your information to alert you to special offers, updated information and other new services from NACUBO or other third parties, or to forward promotional materials.
- Service and Web Site Improvement. If you choose to subscribe to our membership and other products, we may use your information to ensure the Sites are relevant to your needs and to help us create and publish content most relevant to you. We may use your IP address and other similar information to make our websites easier to use and navigate as well as to personalize the content provided on the Sites.
- Other Legitimate Business Reasons. We may also use your information for other legitimate business reasons.
(2) Non-Personal Information
Non-personal information is used in the same ways as described above and in other ways as permitted by applicable laws.
D. Legal Bases for Processing
We process personal information per applicable law and with transparency and fairness. The legal bases for each processing activity listed above are as follows:
- For letters a) and b), in order to fulfill our contractual obligations to you;
- For letter c), with your consent; and
- For letters d) and d), for the legitimate purpose of operating our business, including to improve and develop our services, for fraud prevention purposes, and to improve user experience.
E. Sharing and Disclosure of Information
(1) Personal Information
We may share or disclose your personal information in the following instances and to the following parties:
- To fulfill a service to you;
- To affiliates, strategic partners, agents, third-party marketers or other unaffiliated parties who are offering products or services that we believe may be of interest to you or who require your personal information for research, administrative and/or internal business purposes;
- To unaffiliated third-party service providers, agents or independent contractors who help us maintain our Sites and provide other administrative services to us;
- To complete your purchase;
- To comply with the law or in the good faith belief that such action is necessary in order to conform to the requirements of law or comply with legal process served on us, protect and defend our rights or property, or act in urgent circumstances to protect the personal safety of our end users;
- To third parties as part of any corporate reorganization process including, but not limited to, mergers, acquisitions and sales of all or substantially all of our assets;
- To track and analyze non-identifying and aggregate usage and volume statistical information from our visitors and customers and provide such information to third parties; and
- To protect against potential fraud, we may verify with third parties the information collected from the Sites.
(2) Non-Personal Information
We use non-personal information collected on the Site in the manners disclosed above and for other reasons. We may share this non-personal information with third parties.
F. Collection and Use of Information from Children
The Sites are not intended for use by persons under the age of 13, or 16 in the European Union (EU). NACUBO does not knowingly collect information from visitors under the age of 13, or 16 in the EU, and, in the event that we learn that a person under the age of 13, or 16 in the EU, has provided us with personal information, we will delete such personal information.
We communicate with members and users who subscribe to our services on a regular basis via email. For example, we may use your email address to send you notice of payments, information about changes to our products and services, and other disclosures as required by law. Generally, members and users cannot opt-out of these communications, but they will be primarily informational in nature rather than promotional. However, we provide you the opportunity to opt-out of marketing communications from us, such as emails or updates regarding new services and products offered on the Sites or if you do not want us to share your personal information with third parties, by clicking the “unsubscribe” link within the text of the email or by contacting us at 1.800.462.4916 or membership.nacubo.org. We will process your unsubscribe as soon as possible, but please be aware that in some circumstances you may receive a few more messages until the unsubscribe is processed.
H. Forums, Chat Rooms and Other Public Posting Areas
Please note that any information you include in a message you post to any chat room, forum or other public posting area is available to anyone with access. If you do not want people to know your email address, for example, do not include it in any message you post publicly. PLEASE BE EXTREMELY CAREFUL WHEN DISCLOSING ANY INFORMATION IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHERS OF THE INFORMATION THAT YOU DISCLOSE IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS.
I. Third-Party Web Sites
J. Third-Party Advertisers
K. International Data Transfers
If you choose to provide us with personal information, it will be stored in the US and may be stored in other jurisdictions. NACUBO may transfer that information to its third party service providers, affiliates and subsidiaries, across borders, and from your country or jurisdiction to other countries or jurisdictions around the world. If you are visiting the Sites from the EU or other regions with laws governing data collection and use, please note that your personal information is transferred to the US and may be transferred to other jurisdictions. The US does not, and these other jurisdictions may not, have the same data protection laws as the EU and may not afford many of the rights conferred upon data subjects in the EU. With knowledge of these risks, you acknowledge that:
- Your personal information may be transferred to the US as indicated above.
L. Your Rights
We provide you with the opportunity to access your personal information to ensure it is correct, accurate and up-to-date. To edit your personal information, please contact us at 1.800.462.4916. We will make reasonable efforts to accommodate your request.
For residents of the EU, you have the right to:
- Obtain confirmation as to whether or not your personal information exists and to be informed of its content and source, verify its accuracy and request its completion, update or amendment;
- Request the deletion, anonymization or restriction of the processing of your personal information processed in breach of the applicable law;
- Object to the processing, in all cases, of your personal information for legitimate reasons;
- Receive an electronic copy of your personal information, if you would like such a copy for yourself or in order to port your personal information to a different provider;
- Lodge a complaint with the relevant data protection supervisory authority.
In the event that all or part of our assets are sold or acquired by another party, or in the event of a merger, you grant us the right to assign the personal and non-personal information collected via the Sites.
O. Security and Retention
No data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you understand that any information you transfer to NACUBO is done at your own risk.
Once we receive your transmission, we make reasonable efforts to ensure security on our systems. If we learn of a security systems breach, we may attempt to notify you electronically so that you can take appropriate protective steps. By using the Sites or providing personal information to us, you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of the Sites. We may post a notice on our Sites if a security breach occurs. We may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.
P. Dispute Resolution
Notice shall be sent to:
- National Association of College and University Business Officers, 1110 Vermont Ave NW, Suite 800, Washington, DC 20005, or
- You at the contact information on file with NACUBO
Both you and NACUBO agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. Any such Dispute shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect, before one arbitrator to be mutually agreed upon by both parties.
Q. Choice of Law
R. Your California Privacy Rights
California Civil Code Section 1798.83 permits visitors to the Sites who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us at 1.800.462.4916.
We do not share personal information with third parties for their direct marketing purposes unless you consent to such disclosure, typically by “opting-in” to receive information from a third party that is participating in a sweepstakes or other promotion on our Sites. If you do ask us to share your personal information with a third party for its marketing purposes, we will only share information in connection with that specific promotion, as we do not share information with any third party (other than our service providers) on a continual basis.
At this time our Sites do not recognize automated browser signals regarding tracking mechanisms, which may include “Do Not Track” instructions.
S. Contact Us
National Association of College and University Business Officers
1110 Vermont Ave NW, Suite 800
Washington, DC 20005