Privacy Policy

Updated: May 14, 2018

By visiting our website, you are accepting the practices described in our Privacy Policy. The policies below are applicable to the website located at www.terraamericanart.org and any other websites under the control of the Terra Foundation for American Art (the “Website”), however the Website is accessed and/or used, whether via personal computers, mobile devices, or otherwise, and other interactive features, applications (including mobile applications), or downloads that are operated by the Terra Foundation (“we” and “us”) that are made available by us. Please be advised that the practices described in this Privacy Policy apply only to information gathered online at our Website. They do not apply to information that you may submit to us offline or to websites maintained by other companies or organizations to which we may link.

What Information We Collect

As a general matter, you can browse the Website without submitting your personal information to us. However, there are a number of circumstances in which you may need to provide us with your personal information. The following lists the most common ways in which we collect your personal information.

  • When you sign up to receive email communications from us;
  • In conjunction with processing your grant applications;
  • When you register for and participate in our programs, activities, initiatives, and events;
  • When you request information or assistance;
  • When you communicate with us through the Website;
  • In conjunction with your employment inquiries or applications;
  • When you participate in surveys, panels, or research;
  • When you participate with social media accounts involving Terra Foundation properties; and
  • In conjunction with any other place on the Website where you knowingly volunteer personal information.

When you interact with any Terra Foundation page or account on a social media platform, such as Facebook, Twitter, Instagram, YouTube, or LinkedIn, we may also collect the personal information that you make available to us on that page or through that account, including your account ID or “handle.”

In addition, when you interact with the Website, our servers may keep an activity log that does not identify you individually (“Non-Personal Information”). Generally, we collect the following categories of Non-Personal Information:

  • We may collect certain demographic data such as age, gender, and five-digit zip code as part of collecting personal information;
  • We collect and store certain device information about your computer, mobile device, or other device that you use to access the Website. This information may include IP address, geolocation information, unique device identifiers, browser type, browser language, and other transactional information;
  • We collect and store additional “traffic data” such as time of access, date of access, software crash reports, session identification number, access times, and referring website addresses; and
  • We collect and store your search terms and search results.

We also collect and store certain other information regarding our users’ use of the Website so that third parties may provide us with reports and analysis regarding usage and browsing patterns of the Website.

How We Combine Your Information

We may combine information gathered from the Website and information that we have received, gathered, acquired, or stored from other sources, both information collected offline by the Foundation and information received from third parties—including information that currently exists in our files—into a single customer record. We also use and/or combine information that we collect offline or receive from third-party sources (e.g., contact information from government funders or grantor information) to edit, enhance, and/or check the accuracy of your customer record.

How We Use Your Information

We use the information we learn from you to help us personalize and continually improve your experience on the Website. We use your Personal and Non-Personal Information in the following ways:

General Uses

  • For editorial purposes;
  • Responding to your inquiries;
  • Communicating with you about your account or transactions with us and sending you information about features on our Website or about the Foundation;
  • Communicating with you about changes to our policies;
  • Sending you newsletters, mailings, and information about programs, initiatives, activities, and events by email or another medium;
  • Processing your grant application or employment application;
  • Event or program registration; and
  • Performing statistical, demographic, and marketing analyses of users of the Website and their usage patterns.

How We Share Your Information

The Terra Foundation adheres to the highest standards of ethical practices in all our operations and is dedicated to protecting the privacy of all visitors to our Website. Except as disclosed below, we don’t sell, barter, give away, rent, or permit anyone outside the Terra Foundation to use or access your personal information and in all cases we only share your personal information where it is in the legitimate interest of furthering the philanthropic aims of the Foundation.

We occasionally use independent contractors and third-party agents, affiliates, and partners to perform functions such as marketing, analytics, providing customer service, etc., on our behalf. These entities have access to the personal information needed to perform their functions and are contractually obligated to maintain the confidentiality and security of any personal information collected from the Website. They are restricted from using, selling, distributing, or altering this data in any way other than to provide the requested services to the Terra Foundation.

We may also occasionally share your personal information with our organizational and funding partners, grantees, or co-sponsors of our programs, activities, initiatives, and events from time to time. We endeavor to share your personal information only with partners, grantees, and co-sponsors who will respect your personal information. Although our treatment of your personal information is governed by this Privacy Policy, our partner or co-sponsor’s treatment of your personal information will be governed by the partner or co-sponsor’s privacy policy. You may withdraw your consent to our sharing of your personal information with partners and co-sponsors at any time by following the opt-out process described below.

We may also use or disclose your personal information if required to do so by law or in the good-faith belief that such action is necessary to (a) conform to applicable law or comply with legal process served on us or the Website; (b) protect and defend our rights or property, the Website, or our users; and (c) act under emergency circumstances to protect the personal safety of us, our affiliates, our agents, or the users of the Website or the public.

How We Use Cookies

Like many websites, we use “cookies,” which are small text files that are stored on your computer or equipment when you visit certain online pages that record your preferences. We use cookies to track use of our Websites and online services. We may also use cookies to monitor traffic, improve the Website, and make it easier and/or relevant for your use. This Website is functional without the retention of cookies. You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but, if you prefer, you can usually modify your browser setting to decline cookies. For more information on cookies and how to disable them, you can consult the information provided by the Interactive Advertising Bureau at www.allaboutcookies.org.

The Terra Foundation strives to protect the transmission and storage of any information submitted by visitors to the Website. But no transmission and storage of data is completely secure, and submissions are at your sole risk.

This Website may contain links to sites operated by third parties. Please be advised that the practices described in this Privacy Policy do not apply to information gathered through these other websites.

General Data Protection Regulation

The General Data Protection Regulation (GDPR) is a European Regulation concerning the use and processing of personal information. We are committed to processing your information in compliance with the GDPR upon its effectiveness on May 25, 2018.

We will use reasonable efforts to securely process all personal information in line with the rights specified under the GDPR, in particular those related to the following requests:

  • Access to your personal information;
  • Correction of the personal information that we hold;
  • Deletion of your personal information;
  • A restriction of processing of your personal information;
  • Transfer of your personal information to another party; or
  • Objection to processing of your personal information based on the Terra Foundation’s legitimate interest (or those of a third party) to use it and there is something about your particular situation that causes you to object to such processing.

We hold your information and use it as described in this Privacy Policy and will use reasonable measures to ensure that your personal information is only transferred to third parties who also maintain at least the standard of protection required under the GDPR.

California Online Privacy Protection Act

The California Online Privacy Protection Act (CalOPPA) is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require any person or company in the United States (and conceivably the world) that operates websites collecting Personally Identifiable Information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals or companies with whom it is being shared. See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf

According to CalOPPA, we agree to the following:

  • Users can visit our site anonymously.
  • Once this privacy policy is created, we will add a link to it on our home page or as a minimum, on the first significant page after entering our website.
  • Our Privacy Policy link includes the word ‘Privacy’ and can easily be found on the page specified above.
  • You will be notified of any Privacy Policy changes on our Privacy Policy page.
  • You can change your personal information by emailing us.

How we handle Do Not Track signals

We honor Do Not Track signals and Do Not Track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.

Children Online Privacy Protection Act

When it comes to the collection of personal information from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.

We do not specifically market to children under the age of 13 years old.

Fair Information Practices

The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.

In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:

  • We will notify you via email within 7 business days.

We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.

CAN-SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to:

  • Send information, respond to inquiries, and/or other requests or questions

To be in accordance with CAN-SPAM, we agree to the following:

  • Not use false or misleading subjects or email addresses.
  • Identify the message as an advertisement in some reasonable way.
  • Include the physical address of our business or site headquarters.
  • Monitor third-party email marketing services for compliance, if one is used.
  • Honor opt-out/unsubscribe requests quickly.
  • Allow users to unsubscribe by using the link at the bottom of each email.

If at any time you would like to unsubscribe from receiving future emails, you can email us at [email protected] and we will promptly remove you from ALL correspondence.

We consider that Terra Foundation has a legitimate interest in collecting and processing your information. The Foundation is dedicated to fostering exploration, understanding, and enjoyment of the visual arts of the United States for national and international audiences and pursuing these aims is not in conflict with your rights. This provides our lawful basis to use your personal information, within the limitations set forth herein.

The Website is published in the United States and is subject to laws of the United States. If you are located in a country outside the United States and voluntarily submit personal information to us, you thereby consent to the general use of such information as provided in this Privacy Policy and to the transfer of that information to, and/or storage of that information in, the United States. The Terra Foundation shall not be liable under any circumstances for damages resulting from use of information collected from visitors to the Website.

We reserve the right to modify or amend the terms of this Privacy Policy from time to time without notice. Your continued use of our Website following the posting of changes to this Privacy Policy will mean you accept those changes.

Contacting Us

If you have any questions or requests regarding this policy, if you would like to change your preferences, if you no longer wish to receive email updates from the Terra Foundation, or if you believe the Foundation has erroneous or incomplete information about you, please contact us using the information below.

Terra Foundation for American Art
120 East Erie Street
Chicago, Illinois 60611, USA
+312 664 3939
[email protected]