Privacy Policy

Effective July 10, 2019

Scope of This Privacy Policy

The San Francisco Museum of Modern Art (“SFMOMA,” “we,” “our,” and/or “us”) values the privacy of SFMOMA members and visitors and those who use www.sfmoma.org and its associated websites and services (collectively, the “Site”), as well as the users of SFMOMA’s mobile app (the “App”) (collectively or individually “Users”). This privacy policy (the “Privacy Policy”) governs information you provide to us or that we learn from your use of the Site and App (collectively our “Services”) and tells you how we may collect, use, and in some instances share this information. Your use of our Services is also subject to our Terms of Use.

Information SFMOMA Collects

When you register for an account or our Press List or submit an application. We collect information that may include your name, postal mailing address, email address, phone number, and password when you register or apply. We partner with SnapHire to provide employment application features on our Site. If you submit an employment application via our Site, we will collect your resume/CV and potentially certain demographic and preference information about you.

When you make a purchase. When you make a purchase from our gift shop or ticket office, make a donation, or purchase a membership via our Site, we will collect information about what you purchase, your billing and shipping addresses, and your email address. We use our CRM application, a secure third party, to process your payment card information. Full payment card information is not stored on our network.

When you post content. We collect content that you submit or post to our Site, for example when you leave a comment on one of SFMOMA’s blogs. Any content you choose to post on our Site will be viewable to the public, along with your name. We urge you to consider the sensitivity of any information prior to sharing it publicly by posting it on our Site because by posting content on our Site you are consenting to us sharing it with the public.

When you contact us. We collect other information that you may give us directly, such as when you request customer support, ask for more information about our programs for educators, reserve a space at SFMOMA for an event, sign up to receive our newsletter, or communicate with us via email or social media sites.

When you visit our Site. We automatically collect certain information when you use our Site, including (i) information about your interaction with the Site, including the actions you take, the pages or other content you view or otherwise interact with, and the dates and times of your visits; and (ii) device information, such as your IP address or other device address or unique device identifier, operating system information, web browser, and/or device type and language.

When you visit the Site, we collect certain information through the use of “cookies” and other technologies to better understand how our Users navigate through the Site, learn what content is being viewed, administer the Site, and save your preferences. Cookies are small text files that Web servers place on an Internet user’s device. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Site. We also use Google Analytics cookies for data analytics purposes, and you can find more information on how Google uses data from these cookies at www.google.com/policies/privacy/partners/. Please consult your web browser to learn the proper way to modify its cookie settings. Please note that if you delete or choose not to accept cookies from the Site, you may not be able to utilize the features of the Site to their fullest potential.

When you visit SFMOMA. We use WiFi-based technologies that may detect your device and identify its location within the museum. We use this technology to better understand traffic patterns throughout SFMOMA and improve the safety, security, and overall experience of our visitors. We do not collect any personally identifiable information from your device using this technology. To opt out, simply activate your device’s “airplane mode.” If you would like to opt-out, but would still like to access SFMOMA’s audio content during your visit, audio devices are available for rent at the Member Services desk on Floor 2.SFMOMA also uses security cameras that capture live and still video imagery in museum spaces.

When you use our App. Our App provides audio and visual information to Users as they virtually tour and explore SFMOMA and our neighborhood. When you access or use our App, we, and our service providers, may collect certain information, including:

• Location Information: When you first launch the App, you will be asked to consent to the App’s collection of location information from your mobile device. This location information is required in order for the App to function as designed. If you consent to our collection of location information, the App will continuously collect your location information while you use the App. You can stop the collection of location information at any time by closing the App or placing the App in the background, or changing the location sharing preferences on your mobile device. However, if you stop the App’s collection of location information, the App will no longer function as intended.
• Log Information: We log information about your use of the App, including the type of device you use, access times and time spent on pages, IP address, links clicked, and pages and content viewed.
• Device Information: We collect information about the mobile device you use to access our App, including the hardware model, operating system and version, unique device identifiers and mobile network information.

If, after you use the App to tour and explore SFMOMA, you request that we send you a record of your visit, we collect the email address that you provide to us and any photos or comments you saved to your visit timeline. After your record request, we will email you a link to a publicly-viewable webpage containing information about the areas of SFMOMA you visited and any information you saved on your visit timeline.

How SFMOMA Uses Information We Collect from Users

We may use the information that we collect, including your personal information, to:

• Provide and personalize various features and services of our Services;
• Monitor and analyze usage trends and preferences;
• Better understand traffic patterns and visitor behavior within the museum to improve safety, security, and visitor experience;
• Improve our Services and their features, and create new features and functionality;
• Improve our promotional efforts, membership drives, and fundraising efforts;
• Communicate with you, including for administrative, promotional, marketing, fundraising, and membership-related purposes, and respond to your requests or inquiries;
• Help facilitate your transactions and payments; and
• Enforce this Privacy Policy, the Terms of Service, and other terms you have agreed to, and to protect the rights, property, or safety of us, our Services, Users, and any other person.

How SFMOMA Shares Information We Collect from Users

Service providers. SFMOMA may disclose the information we collect, including personally identifiable information, to our service providers to:

• Process such information on our behalf;
• Process and manage transactions, payments, and purchases;
• Provide website maintenance and security;
• Provide various features and services to our Users (including without limitation to enable sending of promotional, fundraising, and membership-related communications); and
• Assist us in improving the way our Services work and look, and to create new features.

Aggregated information. We may share aggregated information that does not identify you with third parties for various data purposes, including understanding usage patterns of our Services and improving their functionality.

Marketing and advertising partners. We only share personally identifiable information with third-party organizations for their marketing or promotional purposes as a part of list exchange programs designed to pair Users with other organizations whose work may interest them. You can directly opt out of receiving emails from these organizations by clicking on the unsubscribe link in any emails you receive from us or our partners.

Other sharing. We may also share information we collect under the following circumstances:

With any other third party with your consent to do so;

As required by law, such as to comply with a subpoena, or similar legal process;

When we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;

To an acquirer, successor, or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, as well as in the event of insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets.

Third-Party Links

Our Services may contain links to other websites, products, or services that SFMOMA does not own or operate. For example, we may partner with third-party service providers to provide our Users with certain functionality or features (e.g., SnapHire for job and internships applications). We encourage you to read the privacy policies of these third parties before providing any information to them. Some of these third parties may share or sell the information that they collect from you. SFMOMA is not responsible for the privacy practices of third parties. If you choose to visit or use any third-party products, websites, or services, including those offered by our third-party service providers or other partners, please be aware that this Privacy Policy will not apply to your activities or any information you disclose to these third parties.

Accessing and Modifying Your Information

Your account on the Site allows you to access, update, and correct your personal information.

You may opt out of receiving promotional communications from us by using the unsubscribe link within any promotional email you receive from us. Even after you opt out from receiving promotional messages from us, you will continue to receive administrative and security messages from us regarding our Services.

You may also request that SFMOMA delete your personal information by contacting us at privacy@sfmoma.org. SFMOMA commits to making your account inactive and removing it from all contact lists within ten working days.

Your California Privacy Rights

California Civil Code Section 1798.83 permits California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please write to us at 151 Third Street, San Francisco, CA 94103.

Children

SFMOMA does not knowingly collect personal information from children under the age of 13. If we become aware that a child under 13 has provided us with personal information, we will take steps to delete this information. SFMOMA commits to making the account inactive and removing it from all contact lists within ten working days. If you have reason to believe that a child under the age of 13 has provided personal information to us, please contact us at privacy@sfmoma.org.

Our Commitment to Data Security

We take reasonable steps to protect the information that we collect from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. To that end, we use certain physical, managerial, and technical safeguards that are designed to protect the information that we collect. Please be aware, however, that no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against interception or other types of misuse.

Special Note to International Users

Our Services are hosted in the United States. If you are a User accessing our Services from the European Union or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please note that you are transferring your personal data to the United States for storage and processing. By providing your information, you consent to any transfer and processing in accordance with this Privacy Policy.

Do Not Track

Because an industry-standard Do Not Track protocol has not yet been established, SFMOMA’s information collection and disclosure practices, and the choices it offers, will continue to operate as described in this Privacy Policy regardless of choices made regarding the use of Do Not Track technologies.

Changes and Updates to This Privacy Policy

We may occasionally update this Privacy Policy. When we do, we will revise the effective date above. If we make material changes to this Privacy Policy, we will notify you of such changes by posting them on our Services and to other places we deem appropriate, or by sending you an email or other notification. We encourage you to periodically review this Privacy Policy to stay informed about how we are protecting the information we collect. Your continued use of our Services constitutes your agreement to this Privacy Policy and any updates.

Contacting SFMOMA

If you have any questions, comments, or concerns about this Privacy Policy, please email us at privacy@sfmoma.org.