Revised September 1, 2020

OPERA America (“we” or “us”) is an organization that supports the supports the creation, presentation, and enjoyment of opera. Our Privacy Policy (“Privacy Policy”) is designed to help you understand how we collect, use and share your personal information, and to assist you in exercising the privacy rights available to you.

SCOPE

This Privacy Policy applies to personal information processed by us in our business, including on our websites, and other online or offline offerings (collectively, the “Services”).

I. PERSONAL INFORMATION WE COLLECT
The categories and sources of personal information described below cover our current practices, as well as our practices over the previous 12 months.

The categories of personal information we collect depend on the requirements of applicable law, and whether you are:

• an individual member or donor, or board member (“Member”);

• a contact for a business that uses the Services, and/or a business we partner with as part of our Services (“Organizational Member”);

• a user of our Services, such as a person who attends a live event, applies for a grant, pays to post a job, or applies to rent the National Opera Center, (collectively, a “User”); and/or

• a general site visitor.

Information You Provide to Us.

Member Account Creation.

• To become a Member, we collect your title, name, postal address, phone number, email address, and payment information. You may optionally also add your employer information for the purposes of arranging a matching gift, and your professional focus (e.g., role in the opera industry, vocal part, etc), headshot, and personal website for inclusion in our Member Directory.

• To become an Organizational Member, we collect your payment information as well as the title, name, professional title, email address, phone number of the organizational leader, member contact, and optional advertising contact. We will also collect information about your organization, such as its address, website, email, and phone number.

Information you submit as a User of specific Services. Certain aspects of our Services may require you to upload personal information. For example:

• If you attend a live event or program, we will collect your billing and contact information. If you register for an in-person event or participate in arranged travel programs such as the Patron Extended Travel program, we may collect additional information from you, such as your professional affiliations, membership type, travel booking information, dietary restrictions, and any other information we need to allow you to participate in the event or otherwise enjoy your membership benefits.

• If you post a listing on our Service for an event or job opportunity, we will collect your contact and billing information, and information you submit as part of your listing.

• If you apply for a grant through our third-party partners, we will collect your contact information as well as other information needed to process your application, such as your background and grant proposal narrative.

• If you apply to rent the National Opera Center, we will collect your contact information and logistics information about your desired rental.

Your Contributions. All users can submit information directly to us for potential inclusion on the Services, including photos, feedback, articles, videos, job or event postings (as described above) and other information (collectively, “Content”). Any Content you provide to us for inclusion as part of our Services may be publicly accessible. To the extent your Content contains personal information of others, you must ensure you have the consent of all persons involved before uploading the Content to our Services.

Your Communications with Us. We collect personal information from you such as email address, phone number, or mailing address when you request information about our Services, register for our newsletter, request customer or technical support, or otherwise communicate with us.

Surveys. We may contact you to participate in surveys. If you decide to participate, you may be asked to provide certain information, which may include personal information.

Social Media Content. We may offer forums, blogs, or social media pages, including on Facebook. Any Content you provide on these channels will be considered “public” and is not subject to privacy protections.

Registration for Sweepstakes or Contests. We may run sweepstakes and contests. Contact information you provide may be used to reach you about the sweepstakes or contest and for other promotional, marketing and business purposes, if permitted by law. In some jurisdictions, we are required to publicly share information of winners.

Information Collected Automatically or From Others

Automatic Data Collection. We may collect certain information automatically when you use the Services. This information may include your Internet protocol (IP) address, user settings, MAC address, cookie identifiers, mobile carrier, mobile advertising and other unique identifiers, details about your browser, operating system or device, general location information, Internet service provider, pages that you visit before, during and after using the Services, information about the links you click, and other information about how you use the Services. Information we collect may be associated with accounts and other devices.

In addition, we may automatically collect data regarding your use of our Services, such as the types of content you interact with and the frequency and duration of your activities. We may combine your information with information that other people provide when they use our Services.

Cookies, Pixel Tags/Web Beacons, Analytics Information, and Interest-Based Advertising Technologies. We, as well as third parties that provide content, advertising, or other functionality on the Services, may use cookies, pixel tags, local storage, and other technologies (“Technologies”) to automatically collect information through the Services. Technologies are essentially small data files placed on your computer, tablet, mobile phone, or other devices that allow us and our partners to record certain pieces of information whenever you visit or interact with our Services.

• Cookies. Cookies are small text files placed in website visitors’ computer browsers to store their preferences. Most browsers allow you to block and delete cookies. However, if you do that, the Services may not work properly.

• Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded in the Services that collects information about website visitors’ engagement on that web page. The use of a pixel allows us to record, for example, that a visitor has visited a particular web page or clicked on a particular advertisement.

Analytics. We may also use Google Analytics and other service providers such as Chartbeat to collect information regarding visitor behavior and visitor demographics on our Services. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/. You can opt out of Google’s collection and processing of data generated by your use of the Services by going to http://tools.google.com/dlpage/gaoptout. You can opt out of tracking by Chartbeat at https://static.chartbeat.com/opt-out.html.

Information from Other Sources. We may obtain information about you from other sources, including through third-party services and organizations to supplement information provided by you. For example, if you access our Services through a third-party application, such as an app store, a third-party login service, or a social networking site, we may collect information about you from that third-party application that you have made public via your privacy settings. Information we collect through these services may include your name, your user identification number, your user name, location, gender, birth date, email, profile picture, and your contacts stored in that service. This supplemental information allows us to verify information that you have provided to us and to enhance our ability to provide you with information about our business, products, and Services.

II. HOW WE USE YOUR INFORMATION.

We use your information for a variety of business purposes, including to:

Fulfill our contract with you and provide you with our Services, such as:

• Managing your information and accounts;

• Providing access to certain areas, functionalities, and features of our Services;

• Communicating with you about your account, activities on our Services and policy changes;

• Undertaking activities to verify or maintain the quality or safety of a service or device;

• Processing your financial information and other payment methods for products or Services purchased;

• Providing advertising, analytics and marketing services;

• Processing applications and transactions; and

• Allowing you to post, register for, and participate in events.

Analyze and improve our Services pursuant to our legitimate interest, such as:

• Detecting security incidents, protecting against malicious, deceptive, fraudulent or illegal activity, and prosecuting those responsible for that activity;

• Measuring interest and engagement in our Services and short-term, transient use, such as contextual customization of ads;

• Undertaking research for technological development and demonstration;

• Researching and developing products, services, marketing or security procedures to improve their performance, resilience, reliability or efficiency;

• Improving, upgrading or enhancing our Services;

• Developing new products and Services;

• Ensuring internal quality control;

• Verifying your identity and preventing fraud;

• Debugging to identify and repair errors that impair existing intended functionality;

• Enforcing our terms and policies; and

• Complying with our legal obligations, protecting your vital interest, or as may be required for the public good.

Provide you with additional content and Services, such as:

• Furnishing you with customized materials about offers, products, and Services that may be of interest, including new content or Services;

• Auditing relating to interactions, transactions and other compliance activities; and

• Other purposes you consent to, are notified of, or are disclosed when you provide personal information.

Create and Use De-identified and Aggregated Information. We may use personal information and other data about you to create de-identified and aggregated information, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access our Services, or other analyses we create.

Share Content with Friends or Colleagues. Our Services may offer various tools and functionalities. For example, we may allow you to provide information about your friends through our referral services. Our referral services may allow you to forward or share certain content with a friend or colleague, such as an email inviting your friend to use our Services.

How We Use Automatic Collection Technologies. We, as well as third parties that provide content, advertising, or other functionality on the Services, may use cookies, pixel tags, local storage, and other technologies to automatically collect information through the Services. Our uses of these Technologies fall into the following general categories:

• Operationally Necessary. This includes Technologies that allow you access to our Services, applications, and tools that are required to identify irregular site behavior, prevent fraudulent activity and improve security or that allow you to make use of our functionality;

• Performance Related. We may use Technologies to assess the performance of our Services, including as part of our analytic practices to help us understand how our visitors use the Services;

• Functionality Related. We may use Technologies that allow us to offer you enhanced functionality when accessing or using our Services. This may include identifying you when you sign into our Services or keeping track of your specified preferences, interests, or past items viewed;

• Advertising or Targeting Related. We may use first party or third-party Technologies to deliver content, including ads relevant to your interests, on our Services or on third-party websites.

Cross-Device Tracking. Your browsing activity may be tracked across different websites and different devices or apps. For example, when you log in, we may attempt to match your browsing activity on your mobile device with your browsing activity on your laptop.

Notice Regarding Third-Party Websites, Social Media Platforms and Software Development Kits. The Services may contain links to other websites, and other websites may reference or link to our website or other Services. These other websites are not controlled by us. We encourage our users to read the privacy policies of each website and application with which they interact. We do not endorse, screen or approve and are not responsible for the privacy practices or content of such other websites or applications. Visiting these other websites or applications is at your own risk.

Our Services may include publicly accessible blogs, forums, social media pages, and private messaging features. By using such Services, you assume the risk that the personal information provided by you may be viewed and used by third parties for any number of purposes. In addition, social media buttons such as Facebook, Twitter, or YouTube (that might include widgets such as the “share this” button or other interactive mini-programs) may be on our site. These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. These social media features are either hosted by a third party or hosted directly on our site. Your interactions with these features apart from your visit to our site are governed by the privacy policy of the company providing it.

We may use third-party Application Programming Interfaces (APIs) and software development kits (“SDKs”) as part of the functionality of our Services. APIs and SDKs may allow third parties, including analytics and advertising partners, to collect your personal information for various purposes including to provide analytics services and content that is more relevant to you. For more information about our use of APIs and SDKs, please contact us as set forth below.

III. DISCLOSING YOUR INFORMATION TO THIRD PARTIES.

Except as provided below, we do not disclose your personal information.

For a list of the categories of personal information we have disclosed about consumers for a business purpose in the past 12 months, please see the table below:

In the past 12 months, we disclosed individual Member mailing address information to Organization Members in exchange for monetary consideration. However, we do not currently sell personal information as the term “sale” is defined under the California Consumer Privacy Act (CCPA).

Service Providers. We may share any personal information we collect about you with our third-party service providers. The categories of service providers (processors) to whom we entrust personal information include: IT and related services; information and services; payment processors; customer service providers; and vendors to support the provision of the Services.

Information shared publicly. In our Member Directory, we make publicly available the names, location (city/state), area of focus, and personal website of all Members who opt in. Contact information for Organizational Members is made available to the general public.

Information shared with other Members and Organizational Members. Individual members who join OPERA America’s Board of Directors have access to the contact information of other Board members. In addition, the staff contacts’ names, email addresses, and phone numbers from Organizational Members are shared with other Organizational Members.

Business Partners. We may provide personal information to business partners with whom we jointly offer products or services. In such cases, our business partner’s name will appear along with ours.
In addition to the sharing listed above, we may share any information we collect to the following categories of third parties:

• Affiliates. We may share personal information with any affiliated companies.

• Disclosures to Protect Us or Others. We may access, preserve, and disclose any information we store associated with you to external parties if we, in good faith, believe doing so is required or appropriate to: comply with law enforcement or national security requests and legal process, such as a court order or subpoena; protect your, our or others’ rights, property, or safety; enforce our policies or contracts; collect amounts owed to us; or assist with an investigation or prosecution of suspected or actual illegal activity.

• Disclosure in the Event of Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, then your information may be sold or transferred as part of such a transaction, as permitted by law and/or contract.

IV. INTERNATIONAL DATA TRANSFERS.

You agree that all information processed by us may be transferred, processed, and stored anywhere in the world, including but not limited to, the United States or other countries, which may have data protection laws that are different from the laws where you live. We have taken appropriate safeguards to require that your personal information will remain protected and require our third-party service providers and partners to have appropriate safeguards as well. Further details can be provided upon request.

V. YOUR CHOICES.

General.

You have certain choices about your personal information. Where you have consented to the processing of your personal information, you may withdraw that consent at any time and prevent further processing by contacting us as described below. Even if you opt out, we may still collect and use non- personal information regarding your activities on our Services and for other legal purposes as described above.

Email and Telephone Communications.

If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails. Note that you will continue to receive transaction-related emails regarding products or Services you have requested. We may also send you certain non-promotional communications regarding us and our Services, and you will not be able to opt out of those communications (e.g., communications regarding the Services or updates to our Terms or this Privacy Policy).

We process requests to be placed on do-not-mail and do-not-contact lists as required by applicable law.

“Do Not Track.”
Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.

Cookies and Interest-Based Advertising.

You may stop or restrict the placement of Technologies on your device or remove them by adjusting your preferences as your browser or device permits. The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these and learn more about targeted advertising and consumer choice and privacy, at www.networkadvertising.org/managing/opt_out.asp, http://www.youronlinechoices.eu/, https://youradchoices.ca/choices/, and www.aboutads.info/choices/. To separately make choices for mobile apps on a mobile device, you can download DAA’s AppChoices application from your device’s app store. Alternatively, for some devices you may use your device’s platform controls in your settings to exercise choice.

Please note you must separately opt out in each browser and on each device. Advertisements on third-party websites that contain the AdChoices link may have been directed to you based on information collected by advertising partners over time and across websites. These advertisements provide a mechanism to opt out of the advertising partners’ use of this information for interest-based advertising purposes.

Your Privacy Rights.
In accordance with applicable law, you may have the right to:

• Access Personal Information about you consistent with legal requirements, including: (i) requesting confirmation of whether we are processing your personal information; (ii) obtaining access to or a copy of your personal information; (iii) receiving an electronic copy of personal information that you have provided to us, or asking us to send that information to another company (the “right of data portability”).

• Request Correction of your personal information where it is inaccurate or incomplete. In some cases, we may provide self-service tools that enable you to update your personal information or we may refer you to the controller of your personal information who is able to make the correction.

• Request Deletion of your personal information, subject to certain exceptions prescribed by law.

• Request Restriction of or Object to processing of your personal information, including the right to withdraw your consent, or opt in or opt out of the sale of your personal information to third parties, if applicable, where such requests are permitted by law.

If you would like to exercise any of these rights, please log into your account or contact us as set forth below. We will process such requests in accordance with applicable laws. To protect your privacy, we will take steps to verify your identity before fulfilling your request, such as by asking you to answer questions regarding your activities on our Services. Once you have verified your identity, if permitted by law, you may also designate an authorized agent to exercise your rights on your behalf by providing the agent’s contact information to our customer support staff.

You have a right not to receive discriminatory treatment as a result of your exercise of these rights.

VI. DATA RETENTION.

We store the personal information we receive as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.

VII. SECURITY OF YOUR INFORMATION.

We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. Unfortunately, no system is 100% secure, and we cannot ensure or warrant the security of any information you provide to us. To the fullest extent permitted by applicable law, we do not accept liability for unintentional disclosure.

By using the Services or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Services, by mail or by sending an e-mail to you.

VIII. CHILDREN’S INFORMATION.

The Services are not directed to children under 13 (or other age as required by local law), and we do not knowingly collect personal information from children without a parent’s verified consent. If you learn that your child has provided us with personal information without your consent, you may contact us as set forth below. If we learn that we have collected any personal information in violation of applicable law, we will promptly take steps to delete such information, unless we have a legal obligation to retain it, and terminate the child’s account.

We do not have actual knowledge that we have sold any personal information of minors under 16 years of age, as the term “sale” is defined under the California Consumer Privacy Act (CCPA).

IX. OTHER PROVISIONS.

SUPERVISORY AUTHORITY.
If you are located in the European Economic Area or the UK, you have the right to lodge a complaint with a supervisory authority if you believe our processing of your personal information violates applicable law.

CHANGES TO OUR PRIVACY POLICY.
We may revise this Privacy Policy from time to time in our sole discretion. If there are any material changes to this Privacy Policy, we will notify you as required by applicable law. You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you continue to use the Services after the new Privacy Policy takes effect.

X. CONTACT US.
If you have any questions about our privacy practices or this Privacy Policy, or if you wish to submit a request to exercise your rights as detailed in this Privacy Policy, please contact us at:

OPERA America, Inc.
330 Seventh Avenue, 8th Floor
New York, NY 10001
Phone: 212.796.8620
Fax: 212.796.8621
Email: Privacy@operaamerica.org