MOBILE AIR CONDITIONING SOCIETY (MACS) WORLDWIDE®

PRIVACY STATEMENT

LAST UPDATED: August 15, 2018 info@macsw.org

The Mobile Air Conditioning Society (MACS) Worldwide® is a non-profit corporation headquartered at 225 S. Broad Street, P.O. Box 88, Lansdale, Pennsylvania 19446, United States of America (called “MACS”, “we”, “our”, or “us”). MACS is concerned about online privacy and respects and protects the privacy of its members and visitors. This Privacy Statement sets out how MACS handles any information relating to an identified or identifiable natural person, either directly or indirectly ("Personal Data"). Personal Data is any information about an individual that, individually or in combination with other information, can be used to distinguish or trace the identity of the individual, including for example, an individual’s name, signature, photograph, postal address, all telephone numbers including mobile numbers, or social security number. 

This Privacy Statement describes our practices with regard to information (including Personal Data) which we obtain and collect through www.macsw.org (individually called the "Website") and all other websites operated by us and from which you are accessing this Privacy Statement (collectively, called the “Sites”). Thus, MACS is the data controller of those Sites. The Sites includes all such sites usable through computer and mobile devices and also includes our social media pages and apps located at Facebook (www.facebook.com/MACSW), Twitter (@MACS_Worldwide), YouTube (www.youtube.com/user/MACSWorldwide), and Linkedin, which pages and apps are collectively called our “Social Media Pages”). The use of and any Personal Data that is gathered by cookies or other web tracking technologies is also subject to this Privacy Statement. "Cookies" give users a special, random ID that are small text files and which are stored on the hard drive of a user's computer. A cookie is a small file containing a string of characters that is created by a web server that can be stored on a user's hard disk for use either during a particular session ("per-session" cookie) or for future use ("persistent" cookie). MACS' Sites use cookies to ensure you get the best experience on our Sites and to provide social media and comment features. You can find out more about the cookies we use and learn how to manage them at our Cookie Notice at our homepage  www.macsw.org . Certain of these cookies are necessary cookies and our Sites cannot function properly without these cookies. Necessary cookies can only be disabled by changing your browser preferences.

Members and other users of the MACS’ Sites should be assured that information provided online is used responsibly and appropriately. This Privacy Statement also describes our practices with regard to information collected through HTML-formatted e-mail messages from us which link to this policy. This Privacy Statement applies to all of the products, services and websites offered by MACS or its affiliated companies in the United States. As MACS is an international organization, Personal Data that is provided to us may be processed on a server or transferred outside of your own country. This also means that MACS may obtain Personal Data on persons within as well as outside of countries of the European Union (the "EU") or areas of the European Economic Area (the "EEA"). So, Personal Data of a resident of a country within the EU or the EEA may be transferred or obtained in countries in which a statutory level of data protection applies that is not comparable to the level of data protection within the EU or the EEA. When that occurs, it is based on the Standard Contractual Clauses (according to EU Commission Decision 87/2010/EC or any future replacement) in order to contractually provide that your Personal Data is subject to a level of data protection that applies within the EU and EEA.

Processing of your Personal Data may become necessary for the performance or negotiation of a contract with you or the organization with which are you affiliated; to comply with a legal obligation; to protect your vital interests or another person when you are incapable of giving consent; for the performance of a task carried out in the public interest or the exercise of official authority; or for the purposes of legitimate interests (but subject to fundamental rights and freedoms). Legitimate interests include such things as direct marketing, preventing fraud, sharing personal data within a group of companies for internal administration, ensuring network and information security. Processing means an operation or set of operations which is performed on Personal Data, such as the collection, recording, organization, structuring or storage; adaptation or alteration; retrieval, consultation or use; disclosure by transmission, dissemination or otherwise making available; alignment or combination; or restriction, erasure or destruction of such information.

Before using any of the foregoing or submitting any of your Personal Data to us, you should review this Privacy Statement. Any processing and use of your Personal Data by MACS is based upon either statutory permission or consent. Any consent which you grant us to process and use the Personal Data you supply us with is entirely voluntary and your consent can be modified or withdrawn at any time. Please understand that there are circumstances in which MACS cannot take action without certain Personal Data, for example because this Personal Data is required to process your orders or provide you with access to a web offering or newsletter. In these cases, it will unfortunately not be possible for MACS to provide you with what you request without the relevant Personal Data to complete or satisfy the request.

Regardless of whether MACS is processing and using your Personal Data as permitted by law or under your consent, MACS will store your Personal Data (i) only for as long as is required to fulfil the purposes set out in this Privacy Statement or (ii) until you object to MACS' use of your Personal Data (where MACS has a legitimate interest in using your Personal Data), or (iii) until you withdraw your consent (where you have consented to MACS using your Personal Data). However, if MACS has to retain your Personal Data longer than those time periods due to a legal requirement or where your Personal Data is required for MACS to assert or defend against legal claims, MACS will retain your Personal Data until the end of the relevant retention period or until the claims in question have been settled or otherwise terminated.

When we ask you to provide Personal Data, you can decline. Similarly, upon providing MACS with Personal Data, you have various rights. One of those rights is the right to request at any time which Personal Data MACS processes about you and you can correct or delete such Personal Data, subject to a statutory obligation or a prevailing right of MACS to retain it. Declining to provide us with Personal Data or requesting the deletion of Personal Data may however effect your ability to continue to use any service or purchase any product offered by MACS or to contract with MACS, where any of these requires the use of your Personal Data by MACS.

In instances where your Personal Data is used by MACS based upon your consent or for MACS to perform a contract with you, then you may request from MACS a copy of the Personal Data which you have provided to MACS. Such a request can be made by contacting MACS director of operations at info@macsw.org, call 215-631-7020 or fax 215-631-7017  and identifying the information or processing activities to which your request relates, the format in which you would like the information to be sent to you, and if the information is to be sent to you or another person. 

You also have the right to request restrict further processing by MACS of your Personal Data where: (i) you indicate the Personal Data is incorrect until you can check its accuracy; (ii) there is no legal basis for such processing by MACS; (iii) your Personal Data is no longer required by MACS but you claim that you require MACS to retain such data in order to claim or exercise legal rights or to defend against third party claims; or (iv) you object to the processing of your Personal Data by MACS based on a legitimate interest of MACS for as long as it is required to review as to whether MACS has a prevailing interest or legal obligation in processing your Personal Data.

If you believe that MACS is not processing your Personal Data in accordance with the requirements set out herein or applicable EU or EEA data protection laws, you can at any time lodge a complaint with the data protection authority of the EU or EEA country in which you live or with the data protection authority of the country or state in which MACS has its registered seat.

Minors.  We do not target persons under the age of eighteen (18) years old for the collection of information and do not knowingly collect Personal Data from such persons. If you are a parent or guardian and believe we may have collected information about a child, please contact us at info@macsw.org  call us at 215-631-7020 or fax us at 215-631-7017.

Other Sites/Third Party Links.  This Privacy Statement is only applicable to information collected through MACS' Sites and our Social Media Pages, and is not applicable to information collected offline or through third party links. With regard to any third party links, we do not exercise control over the privacy, security or content of any sites displayed as search results or any links within any of our Sites or our services. Such other sites may place their own cookies or other files on your computer. They may also collect Personal Data or solicit personal information from you. However, we do seek to protect the integrity of our site and welcome any feedback from you about such other sites. We therefore recommend that you carefully read the privacy statements/policies of all such other sites.

As a visitor to any of our Sites, you do not have to submit any Personal Data in order to use the particular Website. Each of our Sites only collect Personal Data that is specifically and voluntarily provided by visitors. The information may consist of, but is not limited to, the name, current job title, company address, e-mail address, and telephone and fax numbers of a visitor.

We also collect information from visitors to administer events, surveys and to provide you with information about MACS and becoming a member of MACS. We may also store and maintain any content that you provide, including but not limited to postings on any blogs, forums, wikis and other social media applications and services that we may provide.

We do not usually seek sensitive information (including but not limited to, data relating to race or ethnic origin, religious beliefs, criminal record, physical or mental health, or sexual orientation) from visitors. 

We therefore offer a number of services that do not require you to register for an account or provide any Personal Data to us. Most of the data that we collect is used only to help us better serve our members and to assist us in carrying out our non-profit purposes. Further, in instances of employment with MACS, Personal Data that you supply will be used to process your job application.

In providing our services, we may collect the following types of information:

Personal Data that you may provide and Commercial Electronic Messages (CEMs).   

Consent. If you are the designated representative of an organization within the United States which is already a Member of MACS, then you have consented to any of your Personal Data which we have in our records. However, you still have the rights set out in this Privacy Statement to correct or delete Personal Data of you, subject to the qualifications stated in this Privacy Statement (statutory permission or a change or deletion which may then effect your ability to continue to use any service offered by MACS which requires the use of your Personal Data by MACS such as access to the members-only resources). Otherwise, an individual’s express, written consent will be obtained before or at the time of collecting Personal Data. Once consent is obtained from the individual to use his or her information for the purposes consented to, MACS has the individual's implied consent to collect or receive any supplementary information that is necessary to fulfil the same purposes. Express consent will also be obtained if, or when, a new use is identified.

A commercial electronic message (CEMs) is any electronic messages (e.g. text (SMS/MMS), sound, voice or image) sent to an electronic address (e.g. e-mail, instant messaging, telephone account, or any similar account) that, based on the message content, links, or contact information in the message, encourages participation in a “commercial activity”. An individual’s express, written consent will also be obtained prior to the time of MACS sending a CEM where required by law. When so required, MACS will also provide you with an opt-out/unsubscribe mechanism in the CEM for future messages. If a CEM is from us (or an affiliate of MACS), the CEM will identify us as the sender of the message and will include relevant contact information. 

Members, Conference Registrants, Sweepstakes Entrants, and Other Online Customers.   To gain access to the members-only resources and personalization features on our Sites, members and other users are asked to register and provide some personal information [such as your name, member number (if applicable), organization name, business phone, and your e-mail address and an account password, or other information that identifies you or is linked to your identity or the identity of a member of MACS]. Similar information may be submitted through membership applications, conference or seminar registration forms, publication orders, subscriptions, entering sweepstakes, and online store purchases.  Additionally, for some e-mails sent in HTML format by MACS to its members through its electronic newsletters, we will collect specific information regarding what the recipient does with that e-mail. For those e-mails, MACS does monitor whether a recipient subsequently clicks through to links provided in the message. Other information collected through this tracking feature includes the e-mail address of the user, the date and time of the user's "click," and a message. MACS uses this information to enhance our products and services and to develop, market and sell our products and services.  This information is not sold or distributed in any manner outside of the terms of this Privacy Statement and/or any supplementary privacy notices.

If you participate in tutorials or trainings provided by MACS, or in testing done by an affiliate of MACS such as Mobile Air Conditioning Society Educational Institute and Foundation ("MACS-EIF"), MACS may also track your learning progress or test score in order to make this information available to you. Furthermore, we communicate on a regular basis by e-mail with users who subscribe to our services, and we may also communicate by phone to resolve customer complaints or investigate suspicious transactions. We may use an e-mail address to confirm your opening of an account, to send you notice of payments, to send you information about changes to our products and services, and to send notices and other disclosures as required by law. Generally, users cannot opt out of these communications, which are not marketing-related but merely required for the relevant business relationship. With regard to marketing-related types of communication (i.e. e-mails and phone calls), MACS will (i) where legally required only provide you with such information after you have opted in and (ii) provide you the opportunity to opt out if you do not want to receive further marketing-related types of communication from us. You can opt out of these at any time by emailing us at info@macsw.org or calling us at 215-631-7020.

General Users.   When you access any of our Sites or any of our Social Media pages, we do not automatically request any personal information from you. Our servers will however automatically record information that your browser sends whenever you visit a website; thereby creating a server log. Server logs may include information such as your Internet Protocol address, browser type, browser language, the date and time of any request for services or products, screen resolution, operating system name and version, and one or more cookies that uniquely identify your browser or App. We may collect other Web usage information as well, such as the Web pages that a user visits on our Sites, the amount of time spent on such Web pages and whether the browser re-visits our Sites or Web pages. Such aggregate data is used for internal reporting purposes to monitor website and social media usage and how to improve site functionality and does not provide any personally identifying information of a specific user.

Cookies and Apps.   When you visit our Website, we send one or more cookies to your computer that uniquely identifies your browser. Some of these cookies are essential, while others help us to improve your experience by providing insights into how the site is being used. Necessary cookies enable core functionality. The particular website cannot function properly without these cookies, and can only be disabled by changing your browser preferences. Analytical cookies help us improve our Sites by collecting and reporting information on its usage; you will be given the option of whether or not to consent to such cookies.

User Communications.  If you send e-mail or other communications to MACS, we may retain them in order to process your inquiries, respond to any requests and improve our services. We do not provide your e-mail address to third parties for the marketing of third-party products without your consent.

Credit Cards.   In certain instances, we may request credit card or other payment account information.   Any such information will be maintained in encrypted form on secure servers by a clearinghouse and MACS does not allow them to use it for any purpose other than payment to MACS. Such information is not otherwise disclosed by us.

Combining Information.   We may combine information that you provide to us with information from third parties in order to furnish you with better service. In certain instances, you may then have the opportunity to opt out of combining such information.

Correspondence with MACS.   If you send MACS personal correspondence, such as e-mails or letters, or if other users or third parties send correspondence to MACS about your activities or postings on the Website, MACS may collect such information into a file specific to you. All such submissions become property of MACS and may be used by us for all legal purposes

Links.  We may present links in a format that allows us to keep track of the usage of such links.  

MACS' Legitimate Interest. MACS is permitted to process your Personal Data under an applicable data protection law in the following instances. If you do not agree with MACS' processing or use of your Personal Data, you may object to such activities by MACS. 

Questionnaires and surveys. MACS may invite you to participate in questionnaires and surveys. These questionnaires and surveys will be generally designed in a way that they can be answered without any Personal Data. If you nonetheless enter Personal Data in a questionnaire or survey, MACS may use such Personal Data to improve its products and services.
Recording of calls and chats for quality improvement purposes. In case of telephone calls or chat sessions, MACS may record such calls (after informing you accordingly during that call and before the recording starts) or chat sessions in order to improve the quality of MACS' services.
In order to keep you up-to-date/request feedback. Within an existing business relationship between you and us, MACS may inform you, where permitted in accordance with local laws, about its products or services (including webinars, seminars or events) which are similar or relate to such products and services you have already purchased or used from MACS. Furthermore, where you have attended a webinar, seminar or event of MACS or purchased products or services from us, MACS may contact you for feedback regarding the improvement of the relevant webinar, seminar, event, product or service.
Right to object. You may object to MACS using Personal Data for the above purposes at any time by unsubscribing by emailing us at info@macsw.org , call us at 215-631-7020 or fax us at 215-631-7017. If you do so, MACS will cease using your Personal Data for the above purposes (that is to say, under a legitimate interest set out above) and remove it from its systems unless MACS is permitted to use such Personal Data for another purpose set out in this Privacy Statement or if MACS determines and demonstrates a compelling legitimate interest to continue processing your Personal Data. 
Consent. MACS will only use your Personal Data as further detailed below after you have granted your prior consent into the relevant processing operations. Therefore, each information about a processing operation with regard to Personal Data is linked to one consent statement in the website.. If you re-open this Privacy Statement after you have initially one or more consents granted you will not only see the information related to the consents you have granted but the full privacy statement.
If we use any personal information in a manner different from the purpose for which it is collected, we will ask for your consent to such use prior to the use being made by MACS. Likewise, MACS will offer you an effective way to opt out of the use of your personal information for any such other purpose.   

News about MACS’ Products and Services. Subject to a respective provision and your consent, MACS may use your name, e-mail and postal address, telephone number, job title and basic information about your employer (name, address, and industry) as well as an interaction profile based on prior interactions with MACS (prior purchases, participation in webinars, seminars, or events or the use of (web) services  in order to keep you up to date on the latest product announcements, special offers, and other information about MACS and its services (including marketing-related newsletters) as well as events of MACS and in order to display relevant content on MACS' Websites. In connection with these marketing-related activities, MACS may provide a hashed user ID to third party operated social networks or other web offerings (such as Twitter, LinkedIn, Facebook, Instagram or Google) where this information is then matched against the social networks’ data or the web offerings’ own data bases in order to display to you more relevant information.

Creating user profiles. MACS may offer you the option to use its web offerings including forums, blogs, and networks linked to this website that require you to register and create a user profile. User profiles provide the option to display personal information about you to other users, including but not limited to your name, photo, social media accounts, postal or e-mail address, or both, telephone number, personal interests, skills, and basic information about your company.
Within any web offering, beyond the mere provision of access your profile is used to personalize interaction with other users (for example, by way of messaging or follow functionality) and by MACS to foster the quality of communication and collaboration through such offerings and for MACS to provide gamification elements (gamification is the process of taking something that already exists, such as a website, an enterprise application, or an online community, and integrating game mechanics into it to motivate participation, engagement, and loyalty). To the greatest extent supported by the relevant web offering, you can use the functionality of the relevant web offering to determine which information you want to share.
Special categories of Personal Data. In connection with the registration for and provision of access to an event or seminar, MACS may ask for information about your health for the purpose of identifying and being considerate of individuals who have disabilities or special dietary requirements throughout the event. Any such use of information is based on the consent you grant hereunder. Kindly note that if you do not provide any such information about disabilities or special dietary requirements, MACS will not be able to take any respective precautions.
Event profiling. If you register for an event, seminar, or webinar of MACS, MACS may share basic participant information (your name, company, and e-mail address) with other participants of the same event, seminar, or webinar for the purpose of communication and the exchange of ideas.
Forwarding your Personal Data to affiliates of MACS. MACS may transfer your Personal Data to MACS-EIF. In such a case, that entity will then use the Personal Data for the same purposes and under the same conditions as outlined in this Section C. above.
Revocation of consent. You may at any time withdraw a consent granted hereunder by unsubscribing at info@macsw.org or calling 215-631-7020 or fax us at 215-631-7017. In case of withdrawal, MACS will not process Personal Data subject to this consent any longer unless legally required to do so. In case MACS is required to retain your Personal Data for legal reasons your Personal Data will be restricted from further processing and only retained for the term required by law. However, any withdrawal has no effect on past processing of Personal Data by MACS up to the point in time of your withdrawal. Furthermore, if your use of an MACS offering requires your prior consent, MACS will no longer be able to provide the relevant service or services, offer or event to you after your revocation.

Changes to this Privacy Statement.

From time to time, MACS may use customer information for new purposes not previously disclosed in this privacy notice. MACS may also amend its Privacy Statement in response to developments in applicable privacy legislation. If our information practices change at some time in the future we will post the policy changes here to notify you of these changes and provide you with the ability to opt out of these new uses. If you are concerned about how your information is used, you should check back to our Website (i.e., www.macsw.org) periodically because your continued use of that Website or our Social Media Pages following any changes to the Privacy Statement will be deemed to constitute your acceptance of such change(s). Each version of this Privacy Statement will be identified by its effective date, which is the Last Updated date at the top of this page.

Information Security.

We take reasonable security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. Such measures include internal reviews of our data collection, storage and processing practices and security measures. We also have agreements with any third party clearinghouse that we may use for the storage of credit card and other payment account information supplied to us.

MACS' employees who have access to Personal Data provided by users are subject to confidentiality obligations and may be subject to discipline, including termination of employment and criminal prosecution, for breach of such obligations.

Data Integrity and Updating Personal Information.

Personal information is processed by MACS only for the purposes for which it is collected and consistent with the terms of this Privacy Statement and/or any supplementary privacy notices. MACS takes reasonable measures to make sure that the Personal Data we process is accurate, complete and current. We however depend upon our users to update or to correct their personal information as they deem necessary.

Additionally, we make good faith efforts to provide you with access to your Personal Data. Such access is provided to you to allow you to either correct any inaccurate data or to delete it at your request.  Of course, we may have to retain that data either because we are required to do so by law or for legitimate business purposes. Users will be asked to identify themselves before we process any request that a person’s personal information be accessed, corrected or removed. Such access and correction is permitted free of charge.

MACS reserves the right to refuse to process any requests that are unreasonably repetitive, require disproportionate technical effort, adversely affect the privacy of others, or would be unreasonably impractical, as permitted by law.  
 

Enforcement.

MACS shall regularly review its compliance with this Privacy Statement. However, if you believe that MACS has handled any of your Personal Data in a manner that does not comply with this Privacy Statement, please contact us by e-mail to membership@macsw.org or call 215/631-7020 or fax us at 215-631-7017. Any questions about this Privacy Statement and any requested changes by a user to his or her Personal Data should also be directed to MACS in the same manner.

It is our policy to contact any complaining user about his or her concerns and complaint. MACS will also cooperate with any relevant regulatory authority to resolve any complaints regarding the transfer of Personal Data that cannot be resolved between MACS and the individual. 

Disputes.  The services provided by us over the Internet are controlled and operated by MACS from the United States. All users, including those users who access the Website from a country other than the United States, agree that the laws of the Commonwealth of Pennsylvania, United States of America and that the exclusive jurisdiction of the courts within that Commonwealth shall govern any dispute, including those arising from MACS' use of personal information or otherwise relating to privacy, as specified in the applicable Terms and Conditions of Use or Terms of Service.

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