Last Updated: May 25, 2018
Media & Entertainment Services Alliance and its associated brands, entities and properties (“MESA”) respects your concerns about privacy. MESA has applied to participate in the EU-U.S. Privacy Shield framework (“Privacy Shield”) issued by the U.S. Department of Commerce. MESA commits to comply with the Privacy Shield Principles with respect to Consumer Personal Data the organization receives from the EU in reliance on the Privacy Shield. This Policy describes how MESA implements the Privacy Shield Principles for Consumer Personal Data.
For purposes of this Policy:
“Consumer” means any natural person who is located in the EU, but excludes any individual acting in his or her capacity as an Employee.
“Controller” means a person or organization which, alone or jointly with others, determines the purposes and means of the processing of Personal Data.
“Employee” means any current, former or prospective employee of MESA, or any of its European affiliates, who is located in the EU.
“EU” means the European Union and Iceland, Liechtenstein and Norway.
“Personal Data” means any information, including Sensitive Data, that is (i) about an identified or identifiable individual, (ii) received by MESA in the U.S. from the EU, and (iii) recorded in any form.
“Privacy Shield Principles” means the Principles and Supplemental Principles of the Privacy Shield.
“Processor” means any natural or legal person, public authority, agency or other body that processes Personal Data on behalf of a Controller.
“Sensitive Data” means Personal Data specifying medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, sex life, the commission or alleged commission of any offense, any proceedings for any offense committed or alleged to have been committed by the individual or the disposal of such proceedings, or the sentence of any court in such proceedings.
MESA’s EU-U.S. Privacy Shield application is currently under review. Additional information about the Privacy Shield, can be found at https://www.privacyshield.gov.
Types of Personal Data MESA Collects
MESA obtains Consumer Personal Data in various ways, such as in connection with providing its services (e-mail, newsletters, website and events as well as various industry meeting being organized). The types of Consumer Personal Data MESA collects in this manner include:
- Contact information (such as name, postal address, telephone number and email address);
- employer and job title;
- business website and professional information; and
- Personal Data contained credit card transactions or other financial/contractual agreements.
MESA may use the Consumer Personal Data described above to:
- Provide its services (including event and media promotion and management);
- perform data analytics;
- operate, evaluate and improve its services (including developing new services; enhancing, improving and analyzing its services; managing communications; and performing accounting and other internal functions);
- protect against, identify and prevent fraud; and
- comply with and enforce applicable legal requirements, relevant industry standards and MESA’s policies.
MESA’s privacy practices regarding the processing of Consumer Personal Data comply with the Privacy Shield Principles of Notice; Choice; Accountability for Onward Transfer; Security; Data Integrity and Purpose Limitation; Access; and Recourse, Enforcement and Liability.
MESA provides information in this Policy about its Consumer Personal Data practices, including the types of Personal Data MESA collects, the types of third parties to which MESA discloses the Personal Data and the purposes for doing so, the rights and choices Consumers have for limiting the use and disclosure of their Personal Data, and how to contact MESA about its practices concerning Personal Data.
Relevant information also may be found in notices pertaining to specific data processing activities.
MESA shares Consumer Personal Data with relevant business partners, including significant stakeholders within the Entertainment Industry. MESA generally offers Consumers the opportunity to choose whether their Personal Data may be (i) disclosed to third-party Controllers or (ii) used for a purpose that is materially different from the purposes for which the information was originally collected or subsequently authorized by the relevant Consumer. To the extent required by the Privacy Shield Principles, MESA obtains opt-in consent for certain uses and disclosures of Sensitive Data. Consumers may contact MESA as indicated below regarding the organization’s use or disclosure of their Personal Data. Unless MESA offers Consumers an appropriate choice, the organization uses Personal Data only for purposes that are materially the same as those indicated in this Policy.
MESA may disclose Consumer Personal Data without offering an opportunity to opt out, and may be required to disclose the Personal Data, (i) to third-party Processors the organization has retained to perform services on its behalf and pursuant to its instructions, (ii) if it is required to do so by law or legal process, or (iii) in response to lawful requests from public authorities, including to meet national security, public interest or law enforcement requirements. MESA also reserves the right to transfer Personal Data in the event of an audit or if the organization sells or transfers all or a portion of its business or assets (including in the event of a merger, acquisition, joint venture, reorganization, dissolution or liquidation).
Accountability for Onward Transfer of Personal Data
This Policy describes MESA’s sharing of Consumer Personal Data.
Except as permitted or required by applicable law, MESA provides Consumers with an opportunity to opt out of sharing their Personal Data with third-party Controllers. MESA requires third-party Controllers to whom it discloses Consumer Personal Data to contractually agree to (i) only process the Personal Data for limited and specified purposes consistent with the consent provided by the relevant Consumer, (ii) provide the same level of protection for Personal Data as is required by the Privacy Shield Principles, and (iii) notify MESA and cease processing Personal Data (or take other reasonable and appropriate remedial steps) if the third-party Controller determines that it cannot meet its obligation to provide the same level of protection for Personal Data as is required by the Privacy Shield Principles.
With respect to transfers of Consumer Personal Data to third-party Processors, MESA (i) enters into a contract with each relevant Processor, (ii) transfers Personal Data to each such Processor only for limited and specified purposes, (iii) ascertains that the Processor is obligated to provide the Personal Data with at least the same level of privacy protection as is required by the Privacy Shield Principles, (iv) takes reasonable and appropriate steps to ensure that the Processor effectively processes the Personal Data in a manner consistent with MESA’s obligations under the Privacy Shield Principles, (v) requires the Processor to notify MESA if the Processor determines that it can no longer meet its obligation to provide the same level of protection as is required by the Privacy Shield Principles, (vi) upon notice, including under (v) above, takes reasonable and appropriate steps to stop and remediate unauthorized processing of the Personal Data by the Processor, and (vii) provides a summary or representative copy of the relevant privacy provisions of the Processor contract to the Department of Commerce, upon request. MESA remains liable under the Privacy Shield Principles if the organization’s third-party Processor onward transfer recipients process relevant Personal Data in a manner inconsistent with the Privacy Shield Principles, unless MESA proves that it is not responsible for the event giving rise to the damage.
MESA takes reasonable and appropriate measures to protect Consumer Personal Data from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the Personal Data.
Data Integrity and Purpose Limitation
MESA limits the Consumer Personal Data it processes to that which is relevant for the purposes of the particular processing. MESA does not process Consumer Personal Data in ways that are incompatible with the purposes for which the information was collected or subsequently authorized by the relevant Consumer. In addition, to the extent necessary for these purposes, MESA takes reasonable steps to ensure that the Personal Data the organization processes is (i) reliable for its intended use, and (ii) accurate, complete and current. In this regard, MESA relies on its Consumers to update and correct the relevant Personal Data to the extent necessary for the purposes for which the information was collected or subsequently authorized. Consumers may contact MESA as indicated below to request that MESA update or correct relevant Personal Data.
Subject to applicable law, MESA retains Consumer Personal Data in a form that identifies or renders identifiable the relevant Consumer only for as long as it serves a purpose that is compatible with the purposes for which the Personal Data was collected or subsequently authorized by the Consumer.
Consumers generally have the right to access their Personal Data. Accordingly, where appropriate, MESA provides Consumers with reasonable access to the Personal Data MESA maintains about them. MESA also provides a reasonable opportunity for those Consumers to correct, amend or delete the information where it is inaccurate or has been processed in violation of the Privacy Shield Principles, as appropriate. MESA may limit or deny access to Personal Data where the burden or expense of providing access would be disproportionate to the risks to the Consumer’s privacy in the case in question, or where the rights of persons other than the Consumer would be violated. Consumers may request access to their Personal Data by contacting MESA as indicated below.
Recourse, Enforcement and Liability
MESA has mechanisms in place designed to help assure compliance with the Privacy Shield Principles. MESA will conduct an annual self-assessment of its Consumer Personal Data practices to verify that the attestations and assertions MESA makes about its Privacy Shield privacy practices are true and that MESA’s privacy practices have been implemented in accordance with the Privacy Shield Principles.
Consumers may file a complaint concerning MESA’s processing of their Personal Data. MESA will take steps to remedy issues arising out of its alleged failure to comply with the Privacy Shield Principles. Consumers may contact MESA as specified below about complaints regarding MESA’s Consumer Personal Data practices.
If a Consumer’s complaint cannot be resolved through MESA’s internal processes, MESA will cooperate with JAMS pursuant to the JAMS Privacy Shield Program, which is described on the JAMS website at https://www.jamsadr.com/eu-us-privacy-shield . JAMS mediation may be commenced as provided for in the JAMS rules. Following the dispute resolution process, the mediator or the Consumer may refer the matter to the U.S. Federal Trade Commission, which has Privacy Shield investigatory and enforcement powers over MESA. Under certain circumstances, Consumers also may be able to invoke binding arbitration to address complaints about MESA’s compliance with the Privacy Shield Principles.
How to Contact MESA
To contact MESA with questions or concerns about this Policy or MESA’s Consumer Personal Data practices, write to:
Media & Entertainment Services Alliance
39 N Bayles Ave
Port Washington, NY 11050
Or via e-mail: [email protected]