Last Updated: September 24th, 2018
We are also committed to periodically reviewing our policies and, if necessary, updating our compliance.
For purposes of this Policy:
“Consumer” means any natural person 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.
“EU” means the European Union and Iceland, Liechtenstein, and Norway.
“GDPR” means General Data Protection Regulation. The GDPR is the legal framework that sets guidelines for the collection and processing of personal information of individuals within the European Union (EU).
“Personal Data” means any information that is (i) about an identified or identifiable individual, (ii) received by MESA, and (iii) recorded in any form.
“Privacy Shield Principles” means the Principles and Supplemental Principles of the Privacy Shield that cover the collection, use, and retention of Personal Data coming to the U.S. from the EU and the United Kingdom.
“Processor” means any natural or legal person, public authority, agency, or other body that processes Personal Data on behalf of a Controller.
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 meetings 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;
- personal information you submit to us via our customer service methods;
- log files, any information collected by cookies or similar technologies about actions taken when assessing our platform;
- data submitted by consumers, which we process on their behalf;
- business website and professional information; and
- Personal Data contained in credit card transactions or other financial/contractual agreements.
MESA may use the Consumer Personal Data described above to:
- Provide its services and information about 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;
- other purposes disclosed at the time of collection; and
- comply with and enforce applicable legal requirements, relevant industry standards and MESA’s policies.
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 GDPA and Privacy Shield Principles, MESA obtains explicit consent for use and disclosure 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, and to the extent that it is 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 GDPR, if applicable, to such third-party agents and service providers, and if not, then compliance with Privacy Shield or the same level of protection that Privacy Shield requires and limiting their use of Personal Data to the specified services provided on our behalf, 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, (iv) upon notice including under (ii) above, takes reasonable and appropriate steps to stop and remediate unauthorized processing of the Personal Data by the Processor, and (v) provides a summary or representative copy of the relevant privacy provisions of the Processor contract to the Department of Commerce, upon request. Under certain circumstances, MESA remains liable for the acts of our third-party agents or service providers that perform services on our behalf for their handling of Personal Data that we transfer to them, 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, considering the risks involved in the processing and the nature of the Personal Data.
Data Integrity and Purpose Limitation
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 processes and retains Consumer Personal Data in a form that identifies or renders identifiable the relevant Consumer only for, and 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.
You may have the right to access the Personal Data that we hold about you and to request that we correct, amend, or delete it if it is inaccurate or processed in violation of Privacy Shield. These access rights may not apply in some cases. 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. If you would like to request access to: correction, amendment, or deletion of your Personal Data, you can submit a request to the contact information provided below. We may request specific information from you to confirm your identity. If your Personal Data was provided to us by a third party, we may facilitate your access to such data by directing you to the third party that provided your data to us.
Recourse, Enforcement and Liability
MESA has mechanisms in place designed to help ensure 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 GDPR and Privacy Shield privacy practices are true and that MESA’s privacy practices have been implemented in accordance with the GDPR and 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: don@MESAlliance.org