Terms of Use and Privacy Policy - Hispanic Society Museum and Library

Terms of Use

Thank you for visiting the website (the “Website”) of The Hispanic Society of America (together with its affiliates, collectively, “Hispanic Society of America,” “we,” “us” or “our”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of the Website (including any content, materials, documents, functionality, products, and services offered or provided on or through the Website, such as joining memberships, signing up for and receiving newsletters and remitting donations through the Website).

Please read these Terms of Use carefully before you start to use the Website. By accessing or using the Website, you accept and unconditionally agree to be bound and to abide by these Terms of Use and our Privacy Policy (incorporated herein by reference). Please read the Privacy Policy carefully as it is intended to inform you about our practices regarding our collection, use, disclosure and other processing of your personal information and certain rights you may have regarding your personal information. If you do not want to agree to these Terms of Use or the terms and conditions of the Privacy Policy, please stop accessing or using the Website.

We may revise, modify, update, suspend, remove and/or otherwise change all or any portion of these Terms of Use from time to time in our sole discretion. All updates are effective immediately when we post them here and apply to all access to and use of the Website on a go-forward basis. For this reason, you should check the Website periodically to see if any recent changes to these Terms of Use have been made and we encourage you to review these Terms of Use whenever you visit the Website so you are aware of any updates, as they will be applicable to you. Your continued use of the Website following the posting of changes constitutes your acceptance of such changes. If you do not want to agree to any revised Terms of Use, you should not continue to access or use the Website.

We may provide you with products or services that have additional terms and conditions (including terms of use, terms of service, and/or privacy terms, policies or notices) that apply in connection with your use of such products or services. In the event of any conflict between these Terms of Use and any such terms and conditions, such additional terms and conditions will govern in relation to your use of such products or services.

Unless otherwise noted, the Website, any and all materials, documents, data, content and information on the Website (including text, images, graphics, illustrations, designs, icons, photographs, video clips, user interfaces and other materials, collectively, the “Content”), including any Content that was created by or for Hispanic Society of America, and any and all trademarks, trade dress, logos, copyrights and other intellectual property in such Content or otherwise displayed on the Website, are owned, controlled or licensed by Hispanic Society of America. The Website and the Content are intended solely for noncommercial and personal, educational or research use. Hispanic Society of America grants you a limited, revocable, nonexclusive and nontransferable right to access, view, store, bookmark, download, copy and print the Content or pages from the Website, in each case solely for your lawful, noncommercial and personal, educational or research use in accordance with these Terms of Use. No right, title or interest in any downloaded, copied or printed Content is transferred to you as a result of any such downloading, copying or printing, and any such downloads, copies, or print-outs are subject to these Terms of Use. You may not use any Hispanic Society of America logo or other proprietary graphic or trademark without Hispanic Society of America’ express prior written permission. You may not use any meta tags or any other “hidden text” utilizing Hispanic Society of America’s name or trademarks without the express prior written permission of Hispanic Society of America. Other than the foregoing limited rights expressly granted to you, all rights, title and interest in and to the Website, the Content, and any and all related intellectual property are hereby expressly reserved by Hispanic Society of America and its licensors, as applicable. You hereby expressly agree not to:• reproduce (except as noted above), publish, transmit, repost, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Content or the Website (in each case unless you receive our permission in advance);• use any trademark, trade name, trade dress, service mark, logo, graphic, page header, button icon or script of Hispanic Society of America or any third party that appears on the Website or in any of the Content without the prior written consent of Hispanic Society of America or the applicable rightsholder;• perform any fraudulent activity, including using a false email address, impersonating any person or entity, claiming false affiliations, accessing the accounts of other users without permission, falsifying your identity or any information about you, including age or date of birth, or otherwise misleading others as to the origin of any content;• express or imply that any statements you make are endorsed by Hispanic Society of America, without its express prior written permission;• imply or suggest that Hispanic Society of America has endorsed or is affiliated with any other websites external to the Website, or display the Website as “framed” within another website;• post or upload (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes Hispanic Society of America’ or any third party’s intellectual property or other rights, (b) any material, nonpublic information about companies without the authorization to do so, (c) any trade secret of any third party or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication;

• use the Website in any manner that could disable, overburden, damage or impair the Website or interfere with any other person’s use of the Website, including such person’s ability to engage in real-time activities through the Website (if applicable);

• use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any Content or otherwise engaging in any “web scraping” activity with respect to the Website or any Content;

• use any manual process to monitor or copy any Content or for any other purpose in relation to the Website or any Content (in each case except as expressly permitted by these Terms of Use or unless you receive our permission in advance);

• use any Content in connection with, or to develop or train, any large language model, neural network or artificial intelligence (including any form of generative artificial intelligence);

• remove, alter or obscure any copyright or other notices or legends contained in any Content downloaded from the Website, or alter or modify any Content;

• delete, decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Website;

• use any device, software or routine that interferes with the proper working of the Website;

• introduce any viruses, Trojan horses, worms, defects, date bombs, time bombs, logic bombs or other material which is malicious or technologically harmful;

• interfere with any user’s enjoyment of the Website, including by making unsolicited offers or advertisements to other users, engaging in spamming or flooding, attempting to collect or store personal information about other users or otherwise harassing users;

• attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;

• attack the Website via a denial-of-service attack or a distributed denial-of-service attack;

• use or attempt to use the Website for any purpose that is prohibited by these Terms of Use (including any use that infringes another’s copyright rights);

• use the Website, or encourage or assist others to use the Website, for any illegal purpose or fraudulent activity or to otherwise violate any law, regulation, rule or the intellectual property or contractual or other rights of others, to attempt to violate the security of the Website, or to gain access to the identities, information or computers of others through the Website; or

• otherwise attempt to interfere with the proper working of the Website.

Hispanic Society of America has the right (but not the obligation) to monitor the Website for any unauthorized, false, misleading, derogatory, illegal, offensive, objectionable or otherwise inappropriate conduct or other violation of these Terms of Use and to take all appropriate actions in response, without notice to you. At any time, and in our sole discretion, we also may revoke your right to use all or any portion of the Website or the Content. We may investigate any complaint regarding, or suspected violation of, these Terms of Use, and may report any activity relating to the Website or the Content to regulators, law enforcement officials or other persons or entities that we deem appropriate.

Accessing certain areas or features of the Website may, or may in the future, require you to register or may otherwise ask for your information. You may choose not to provide such information, but your ability to access certain areas or features of the Website may be limited. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with the Website or otherwise, including through signing up for any applicable memberships or newsletters on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.In addition, certain areas of the Website may be, or may in the future be, password-protected. You may not attempt to access any password-protected areas of the Website without authorization.All information that Hispanic Society of America provides to Website users supplying a password is confidential and intended solely for the information of its intended recipient.You are solely responsible for maintaining the confidentiality of your passwords, account information, usernames and/or security questions and answers relating to any personal account you create on the Website (your “Account”), for logging off your Account and any protected areas of the Website when you finish a session, and for restricting access to your computers and devices. Accordingly, you should protect the confidentiality of your Account, and you agree to notify Hispanic Society of America immediately and promptly change your password if you become aware of any unauthorized access to, or use of, your username, password or Account. If you share your username or password with a third party, you assume all responsibility for all such party’s activity related to the Website, and you agree to accept sole responsibility for any and all activity that occurs under your Account.Each Account is subject to our approval. We have no obligation to provide Accounts or any services to you. We have the right to suspend, disable or terminate any Account and/or your access to or use of the Website at any time in our sole discretion, with or without notice, for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. If your Account or access to or use of the Website is suspended, disabled or terminated, your right to use the Website will immediately cease and you must destroy all Content obtained from the Website and all copies thereof, whether made under these Terms of Use or otherwise. Any information and content previously provided by you may no longer be accessible through your Account, but we may continue to store such information and content, and it may also be stored by third parties to whom it has been transferred through your use of the Website.

You understand that we cannot and do not guarantee or warrant that any Content available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data.Hispanic Society of America has worked hard to develop the Website and all products, services and Content on the Website. Nonetheless, YOUR USE OF THE WEBSITE, THE CONTENT AND ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, THE CONTENT AND ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER HISPANIC SOCIETY OF AMERICA, NOR ANY OF ITS AFFILIATES, NOR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, SHAREHOLDERS, EMPLOYEES AND AGENTS (COLLECTIVELY “RELATED PERSONS”) MAKES ANY WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR THE CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER HISPANIC SOCIETY OF AMERICA, NOR ANY OF ITS AFFILIATES, NOR ANY RELATED PERSON REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE, THE CONTENT OR THE SERVER THAT MAKES THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE, THE CONTENT OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. HISPANIC SOCIETY OF AMERICA, ITS AFFILIATES, AND ALL RELATED PERSONS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY REPRESENTATIONS AND WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. The Content should not be construed as professional advice on any subject matter, and availability or use of the Content is not intended to create, and does not create, any professional services relationship.

Privacy Policy

The Hispanic Society of America, a not-for-profit corporation organized under the laws of the State of New York, and its affiliates (collectively, “Hispanic Society of America,” “we,” “us” or “our”) are committed to responsibly handling personal information that we collect or otherwise process. This privacy policy (the “Privacy Policy”) applies to your access and use of our website, located at www.hispanicsociety.org (the “Website”), including joining memberships, signing up for and receiving newsletters, remitting donations, or otherwise communicating or engaging with us via the Website. This Privacy Policy is incorporated into and is subject to our Terms of Use.Our intention with this Privacy Policy is to provide you with clear, transparent and easily understandable information about how Hispanic Society of America uses and otherwise processes your personal information and certain rights you may have relating to such use and other processing. Your access to the Website and use of the services provided by Hispanic Society of America are subject to this Privacy Policy. By visiting the Website, completing any of our online forms or otherwise submitting personal information to us, you agree to the terms of this Privacy Policy, and you hereby consent to our collection, use, disclosure and other processing of your personal information in accordance with this Privacy Policy. If you do not agree with this Privacy Policy, please do not use the services provided by Hispanic Society of America, access the Website or otherwise submit personal information to us.We may revise, modify, update, suspend, remove and/or otherwise change all or any portion of this Privacy Policy at any time, in our sole discretion. All updates are effective immediately when we post them here and they apply on a go-forward basis. For this reason, you should check the Website periodically to see if any recent changes to this Privacy Policy have been made and we encourage you to review this Privacy Policy whenever you visit the Website so you are aware of any updates, as they will be applicable to you and your personal information. Your continued use of the Website following the posting of changes constitutes your acceptance of such changes. If you do not want to agree to any revised Privacy Policy, you should not continue to access or use the Website.

The types of personal information collected by or on behalf of Hispanic Society of America about you varies based on Hispanic Society of America’s interactions with you (for example, whether you are joining a membership with us, signing up for and receiving newsletters, remitting a donation through the Website, accessing and using the Website, or applying for employment with us).We collect personal information directly from you when you provide it to us, automatically as you navigate through the Website and from third parties, such as our business partners or service providers. The personal information we collect about you in the course of your interaction and correspondence with us includes the following:

• any personal information that you submit when you contact us using our contact details on the Website or via social media, such as your name or email address;

• your IP address and other online identifiers/web beacons;

• details of your online browsing activities on the Website, including, for example, the full Uniform Resource Locators (URL), clickstream to, through and from the Website (including, for example, date and time), services you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks and mouse-overs), and methods used to browse away from the page;

• your browser type, language and version, relevant plug-ins, operating system and platform;

• your time zone settings;

• any personal information that you submit when joining a membership on the Website, such as your name, email address, physical address, and phone number;

• any personal information that you submit when signing up for and receiving newsletters on the Website, such as your email address; and/or

• any financial information and personal information that you submit in the course of applying for a job or employment, including, for example, your name and address (and proof of name and address), email address, telephone number, any other contact details you may supply, date of birth, passport number, driver’s license number, state identification card, social security number, educational and employment information, such as your job title, work history, academic and professional qualifications, references and interview notes, tax details, payroll information, withholdings, nationality, citizenship, tax residency, and banking details.

Your payment information, such as payment method (including credit card number and expiration date and billing address), is used and stored by our third-party service provider, Online Express (“Payment Processor”), and its service providers, and the use, storage and other processing of that information is governed by our Payment Processor’s Terms of Service, Terms of Use and Privacy Policy.

We automatically collect basic technical information from all visitors to the Website. We collect this technical information during your visit to the Website through our automatic data collection tools, which may include cookies and other commonly used technologies (e.g., web beacons). Please see the section entitled “Cookies” below for a discussion of our use of cookies on the Website.

Hispanic Society of America uses your personal information to operate its business, including as follows:

• to provide you with services that you have requested, administer the relationship between you and us (including facilitating memberships, providing newsletters, processing donation payments, communications, record-keeping and reporting and monitoring of our activities;

• to operate the Website and our other IT systems and safeguard their security;

• to understand and analyze the usage trends, interests and behavior of users of the Website in order to personalize your visit to the Website and improve fraud detection and information security;

• for Hispanic Society of America’s internal business administration, record keeping, and security purposes;

• to provide information to future or potential purchasers or merger partners of all or a portion of Hispanic Society of America or to provide information as may be necessary in connection with all other corporate transactions, such as financings or restructurings;

• for legal and regulatory compliance purposes, including, for example, as necessary for anti-money laundering, fraud prevention, tax reporting or sanctions purposes or to respond to governmental, regulatory or law enforcement agency requests;

• to process your job application, conduct employment screening and background checks, conduct payroll processing and expense reimbursement, or to provide other services in the course of your employment or application for employment.

We may aggregate, anonymize, or otherwise de-identify your personal information and use it for any purpose permitted by applicable law, and we may use information that does not personally identify you for any purpose, except where we are required to do otherwise under applicable laws. We also may use your information for any other purposes disclosed to you at the time of collection, that you have previously authorized, or with respect to which you subsequently provide your consent.

We do not disclose any personal information about you except as detailed in this Privacy Policy. We disclose your personal information to the following categories of third parties and under the following circumstances:

• to vendors needed to operate the Website and our business, including, for example: (i) legal counsel, (ii) accountants, (iii) audit firms, (iv) banks, (v) tax consultants, (vi) tax preparers, (vii) financial advisors, (viii) vendors supporting the Website or our other IT systems; and (ix) website development, hosting, data storage, maintenance, marketing, credit card processing and other service providers;

• in any way we may describe to you when you provide such personal information, to fulfill any other purposes for which you provide such personal information or for any other purpose with your consent;

• to any person or entity, including, for example, any governmental agency, regulatory authority or self regulatory organization having jurisdiction over us or our affiliates, if (i) we determine in our discretion that such disclosure is necessary or advisable pursuant to or in connection with any United States federal, state or local, or non U.S., law, rule, regulation, executive order or policy, or any subpoena, court order or judicial process, and (ii) such disclosure is not otherwise prohibited by applicable law, rule, regulation, executive order or policy;

• to law enforcement agencies and regulators, government agencies or departments or competent authorities where we are under a duty to disclose or share your personal information in order to comply with any legal or regulatory obligation, or if we reasonably consider that such disclosure is necessary or advisable to help prevent or detect fraud or other crimes, to investigate and defend ourselves against any third party claims or allegations, or to protect our rights, property, or safety, or that of our clients, or others. Such disclosure may be made directly to such regulators or competent authorities or made indirectly to our advisers or service providers who may make such filings or disclosure on our behalf;

• if we are under a duty to disclose or share your personal information with tax authorities, such information requested by such tax authorities, who may transfer such information to the government or the tax authorities in another country where you may be subject to tax. Such disclosure may be made directly to such regulators or competent authorities or made indirectly to our advisers or service providers who may make such filings or disclosures on our behalf;• to a future buyer or other successor in the event of a divestiture, merger, consolidation, or asset sale, (i) for due diligence purposes on a need to know basis, (ii) as necessary for pre closing integration planning, or (iii) in connection with the consummation of a sale or merger transaction; and/or

• on a need to know basis to current, future or potential lenders or other relevant persons as necessary in connection with other corporate transactions, such as financings or restructurings.

Additionally, personal information you provide to us over email may be stored by our third-party email service provider, Mailchimp. Mailchimp’s collection and use and other processing of such information is governed by their privacy policy, available at <https://www.intuit.com/privacy/statement/> and terms of service, available at < https://mailchimp.com/legal/terms/>.

We do not sell or offer to sell any personal information about you to third parties.

We use certain physical, managerial, and technical safeguards that are designed to protect the integrity and security of your personal information; however, no security measures are perfect or impenetrable, so we cannot ensure or warrant the security of any personal information you transmit to us through the Website, and you do so at your own risk. We also cannot guarantee that your personal information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. We are not responsible for circumvention of any privacy settings or security measures contained on the Website. Even after removal, copies of personal information that you have posted may remain viewable in cached and archived pages or if other users have copied or stored such personal information.In addition, if the Website contains links to websites, resources or content provided by third parties, such links are provided for your convenience only. This Privacy Policy does not apply to or govern the practices of third-party companies or websites that use our products and services, that can be accessed through links contained on our Website, or that we do not own or control. We are not responsible or liable for any linked or referenced websites, for any content on or accessible through such websites, for any products or services offered or provided by third parties, or for the policies and practices followed by any third parties. We encourage you to read the terms of use and privacy policies of such third-party companies or websites as their terms of use and privacy policies may differ from ours. Our links to other websites or displays of any advertisements or third-party content do not mean we endorse any other company’s or website’s content, products, services, terms of use, privacy policies or notices, or privacy or information security practices. Hispanic Society of America expressly disclaims responsibility for the policies and practices of third-party websites linked to from the Website and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to from the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

What are Cookies?Cookies are small, sometimes encrypted text files or pieces of information that may be stored on your computer (or other internet-enabled devices, such as a smartphone or tablet) when you visit a website. They are used to help users navigate websites efficiently as well as to provide information to the owner of the website. A cookie will usually contain the name of the website from which the cookie has come from, the “lifetime” of the cookie (i.e., how long it will remain on your device) and a value, which is usually a randomly generated unique number. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, please visit www.allaboutcookies.org.

How we use Cookies

When you visit the Website, we, through our service providers (including Google® and WordPress®), automatically generate and deploy a cookie or other online tracking device (e.g., web beacons). We use cookies in order to improve your experience on the Website by recognizing you when you visit the Website, such as by assigning a session ID, and to deliver content specific to your interests. The cookies we place may also collect information about your IP address, or click stream data within our Website (i.e., the actions taken in connection with the Website). This information helps us improve the functionality of the Website.

Two types of cookies may be used on the Website – “session cookies” and “persistent cookies.” Session cookies are temporary cookies that remain on your device until you leave the Website. A persistent cookie remains on your device for much longer or until you manually delete it (how long the cookie remains on your device will depend on the duration or “lifetime” of the specific cookie and your browser settings). The Website also uses “performance” and “analytical” cookies, which help us understand how visitors interact with our web properties by providing information about the areas visited, the time spent on the Website, and any issues encountered, such as error messages. They help us improve the performance of the Website, alert of any concerns and more.

Your choices with respect to Cookies

If you do not agree to our use of cookies, you should set your browser settings accordingly or not use the Website. Web browsers often allow you to erase existing cookies from your hard drive, block the use of cookies and/or be notified when cookies are encountered. If you elect to block cookies, please note that you may not be able to take full advantage of the features and functions of the Website.

If you use different devices to view and access the Website (e.g., your computer, smartphone, tablet), you will need to ensure that each browser on each device is adjusted to suit your cookie preferences.