Privacy Policy

This Website (the "Website," or the "Site") is provided to you by Downtown Tempe, which seeks to provide timely information about Downtown Tempe section of Tempe, Arizona. ("Downtown Tempe"). To assist you in using our Website, and to explain the relationship arising from your use of our Site and the Information Services that we offer through it, we have created (i) this privacy policy (the "Privacy Policy"), and (ii) a set of Terms and Conditions of Use (the "Terms"). This Privacy Policy explains how we treat information you provide to us through our Site, and our Terms govern your use of the Site. Both our Terms and Privacy Policy apply to: (a) visitors to our Site, (b) anyone using the Information Services we offer through our Site; and (c) Downtown Tempe Members (collectively, "you" and "your"). This Privacy Policy only applies to information that you have provided to us through the Website, and does not apply to information that Downtown Tempe may obtain through other means, such as through traditional mailing lists.

1. Privacy Policy And Your Acceptance And Consent.

Please read this Privacy Policy carefully as it constitutes the agreement between you and us regarding your provision, and our collection and use of personal and other information you may provide to us while accessing our Site or using our Information Services.

By using our Website you consent to this Privacy Policy. In addition, for certain activities on the Site, we may further confirm your consent to this Privacy Policy by asking you to click an "I accept" button, referring to this Privacy Policy.

2. The Types Of Information You May Provide.

The Types Of Information You May Provide.

Information you may provide while visiting our Site falls into three broad categories: personal information, business and community information, and aggregate information. We use the term “Personal Information” to mean information that could reasonably be used to identify you, including your name, home address, email address, birth date, credit card information, telephone number or any combination of this information or similar information that could be used to personally identify you. “Aggregate Information” is information that does not personally identify you, and may include, for example, statistical information concerning the pages of our Site that users visit most frequently. "Business and Community Information" is information that identifies your Downtown Tempe business, that publicizes or describes a community or other Downtown Tempe event, or that illustrates Downtown Tempe lifestyles, such as photographs, announcements, and other noteworthy Downtown Tempe information. Our Privacy Policy governs these three categories of information as detailed below.

3. The Connection Between Personal Information And Our Services.

We only ask for and compile Personal Information that is needed to provide you with the Information Services that you seek from us. Certain Information Services may require a greater amount of information, and a broader scope of use for this information. Other Information Services, however, generally require less information. If you are uncomfortable with providing the requested level of information or with our use of this information for the purposes identified, you may simply decline to use those Information Services. You can still enjoy a wide range of features on our Website even if you choose not to provide us with Personal Information. Please read on to learn more about the relationship between our Information Services and your Personal Information.

4. Your Choices Concerning Personal Information; Our Collection and Use of Personal Information.

You decide whether you wish to provide us with Personal Information. We have structured our Website so that you may visit us and obtain information related to Downtown Tempe, AZ without revealing your identity, or providing any Personal Information. Please note, however, that certain services offered by US may require that you provide us with Personal Information. For example, you cannot apply to become a Downtown Tempe Member without providing us with Personal Information. In addition, you cannot post Business and Community Information on our Site without providing a level of Personal Information.

We collect Personal Information through the following means, and use this information for the following purposes, depending on the service you have selected:

4.1. Membership Applications; Events Participation.
We collect Personal Information in connection with applications to become Downtown Tempe Members as well as for purposes of collecting any applicable fees related to events sponsored by us. For payments made using credit cards, debit cards, or checks, you will be asked to provide contact information (such as name, email address, and shipping address) and financial information (such as credit card number and expiration date). We use a reputable company to verify your credit or debit card information before billing your account. This information is used for billing purposes and to fill orders. If we have trouble processing an order, the information may be used to contact you.
4.2. Communications to Us.
If you send us an email or letter with questions or comments, or if you provide your contact information when providing us with feedback about our Site, we may use your email address and other Personal Information included in your correspondence to respond to you or as otherwise set out in our Terms.
4.3. Staying Updated; Newsletters, Eblasts, and Other Communications to You.
In addition, you may provide us with your email address and other Personal Information so that we can send to you urban design eblasts, newsletters, notifications, and other announcements concerning Downtown Tempe events and businesses, and other information relating to Downtown Tempe, our Site, and our Information Services. In addition, we may use your email address and other Personal Information to invite you to presentations, or other functions that we believe, or others involved with Downtown Tempe believe, may be of interest to you. You will have the ability to opt out of receiving these materials, as provided in Section 6 (How To Obtain Access To Information You Have Provided To Us, And How To Remove Your Information From Our Database).
4.4. Information You Wish To Post on the Site
We allow qualified users to submit Business and Community Information for posting on our Site. Before permitting you to post information on the Site, we may ask you to provide Personal Information. We will use that Personal Information to track and monitor your postings, to notify you of issues with respect to your postings (where we deem advisable), and for related purposes. Please review Section 7 (Business and Community Information; Submitted Content) for information concerning how we treat the content (and any Personal Information contained in that content) you may submit for posting on our Site.
4.5. Surveys.
We may conduct online and other surveys that you may complete on a voluntary basis. Information collected through the surveys will only be used for those purpose set out in the survey, unless you expressly agree otherwise.
4.6. Additional Informational Notices and Bulletins.
Periodically, we may choose to send other news, bulletins, or other information to you, and will use Personal Information to send such communications. If we choose to undertake these communications, you will have the ability to opt out of receiving these communications as provided in Section 6 (How To Obtain Access To Information You Have Provided To Us, And How To Remove Your Information From Our Database).

5. No Unrelated Third Party Is Given Access To Your Personal Information.

Except as expressly stated in this Policy, we do not share with unrelated third parties any Personal Information that you provide to us. We will share your Personal Information with vendors that are involved in providing the Information Services we offer or that are involved in the operation and maintenance of our Site (collectively, the "Site Vendors"). Personal Information that we collect will be disclosed only to Downtown Tempe employees on a “need to know” basis for purposes of fulfilling their responsibilities. Please be aware that any Submitted Content that you provide will be publicly available and not treated as Personal information and, as such, you should be careful when providing such information.

6. How To Obtain Access To Information You Have Provided To Us, And How To Remove Your Information From Our Database.

To allow you appropriate control over your Personal Information, you can request access to review, change, update or delete Personal Information that you have previously submitted to us. We will take reasonable steps to verify your identity before granting access to your Personal Information.

You also have the option to delete your name and other Personal Information from our databases. Please understand, however, that it may be impossible to remove this information completely, due to system backups and records of deletions. In addition, if you request deletion of your Information, you will be unable to utilize any Information Services associated with that Information. We will fulfill deletion requests within a reasonable time.

7. Business and Community Information; Submitted Content

For purposes of publicizing your business, publicizing a community or other Downtown Tempe event, or for other purposes compatible with our Website, you may choose to provide to us, for posting publicly on our Site, contact information and other information that includes a level of Personal Information, such as an individual's name, business telephone, and email address. We will treat Personal Information that you provide to us in this manner, as Business and Community Information, and publicly post this information on our Site as you request. Please keep in mind that Personal Information posted in this manner is not subject to the provisions of this Privacy Policy. If you are posting Personal Information concerning an individual other than yourself, please be sure that you have permission from that individual to make the posting.

Please review our Terms of Use for more information on how we treat the information you wish to post on our Website (referred to as "Submitted Content").

8. Information That Does Not Identify You: Aggregate Information.

General information that describes our users’ activities, but that does not identify any particular user, is Aggregate Information. For example, the fact that our users spend the majority of their time browsing information about local restaurants would constitute Aggregate Information, if that the information does not identify a particular user. This information provides us with potentially useful data concerning our users’ preferences and the efficacy and interest of our Site and related Information Services. We use Aggregate Information to analyze the effectiveness of our Site and to improve our Information Services. From time to time, we may undertake or commission statistical and other summary analyses of the general behavior and characteristics of users participating in our Information Services and the characteristics of visitors to our Site, and may share Aggregate Information with third parties. Rest assured, though, that Aggregate Information provided to third parties will not allow anyone to identify you, or determine anything personal about you. We collect Aggregate Information through the following means:

8.1. IP Addresses; Logs.
We may automatically receive and record information in our server logs from your browser, including your IP address (the Internet address of your PC), your computer's name, the type and version of your web browser, referrer addresses, where the computer is routing from, and other generally-accepted log information. We may also record page views (hit counts) and other general statistical and tracking information, which will be aggregated with that of other users in order to understand how our Website is being used, and for security and monitoring purposes.
8.2. Cookies.
A cookie is a small amount of data, which often includes an anonymous unique identifier, which is sent to your browser from a website's computers and stored on your computer's hard drive. Cookies can be used to provide you with a tailored user experience and to make it easier for you to use a website upon a future visit. We may include cookies on our Website and use them to recognize you when you return to our Website. You may set your browser so that it does not accept cookies. Cookies must be enabled on your web browser, however, if you wish to access certain personalized features of our Information Services.
8.3. Tags.
We may use so-called "pixel tags," which are small graphic images (also know as "web beacons", "single-pixel GIFS", or "Web bugs"), to tell us what parts of our website have been visited, to measure the effectiveness of searches customers perform on our Site, and for other purposes. Pixel tags also enable us to send email messages in a format users can read, and they inform us whether emails have been opened, to help ensure that our messages are of interest to recipients. None of this data includes Personal Information, and you can "opt-out" of receiving these types of emails from us by following the directions provided in Section 6. If any Personal Information is collected using such tools, it will be subject to the terms of this Privacy Policy.
8.4. Click-Throughs.
We may send email messages which use a “click-through URL” linked to content on our Website. When you click one of these URLs, you pass through our web server before arriving at the destination web page. If we use this feature, we would track this click-through data to help determine our users' interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked simply do not click text or graphic links in the email, or notify us in accordance with Section 6.

9. Advertising.

Our Site may include the use of ad banner partners for the serving and/or targeting of ads, promotions, and other marketing messages. These ads may be provided, in some cases, by a third party ad service provider or advertiser ("Advertisers"). These Advertisers may use traditional banner ads or other advertising methods. An Advertiser may place or utilize its own cookie on your browser, and may use Aggregate Information about your visit to our Site, such as the number of times you have viewed the ad. If the Advertiser requests that you provide to it Personal Information, please be aware that this Advertiser's use and collection of this information will be governed by its own privacy policy, and not our Privacy Policy. We recommend that you review the Advertiser's privacy policy before providing Personal Information to the Advertiser.

10. Any Information Linked With Your Personal Information Is Protected As “Personal Information.”

To enable us to better understand the characteristics of our customers and/or to provide Information Services tailored to your needs, we may link (i) the Personal Information you have provided with (ii) Aggregate Information. If we combine or link any Aggregate Information or other information with your Personal Information, the resulting combination will be treated and protected as Personal Information under this Privacy Policy. Accordingly, no unrelated third parties will have access to this information.

11. How We Safeguard Information We Collect.

We have put in place security systems designed to prevent unauthorized access to or disclosure of Personal Information you may provide to us, and we take reasonable steps to secure and safeguard this Information. Moreover, employees of Downtown Tempe are required to acknowledge that they understand and will abide by our policies with respect to the confidentiality of Personal Information.

Our security systems are therefore designed to deter and prevent hackers and others from accessing Personal Information you provide to us. We also use software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage. Please understand, though, that this Section 11 (How We Safeguard Information We Collect) should not be viewed as giving business, legal, or other advice, or warranting as fail-proof, the security of information submitted to our Site. Due to the nature of Internet communications and evolving technologies, we cannot provide, and expressly disclaim, assurance that the information you provide us will remain free from loss, misuse, or alteration by third parties who, despite our efforts, obtain unauthorized access.

12. Exceptions.

There are two exceptions to our Privacy Policy. First, we may release or use Personal Information in connection with (a) legal proceedings, or contemplated legal proceedings, that directly relate to such information, or (b) in response to a subpoena or court order specifically requesting such information. Second, in cases involving threat of imminent harm to you or others, we may release such information to prevent or mitigate the threat. In any such case, we will seek to limit the scope of the disclosure and restrict such disclosures only to appropriate authorities, and will disclose only such Personal Information as is reasonably required to fulfill the purpose of the disclosure. In addition, unless instructed otherwise by a court or other authority with appropriate jurisdiction, we may undertake reasonable efforts (i) to notify you of such a disclosure or request for disclosure, and (ii) to provide you with this notice as far in advance of the disclosure as is reasonably practicable.

Persons who receive information in proper accordance with the procedures set out in this Section 12 (Exceptions) ("Proper Recipients") may be able to combine (i) information they properly obtain from us under this Section 12 (Exceptions), with (ii) other information they independently possess concerning you. As long as we comply with the procedures set out in this Section 12 (Exceptions) concerning the release of information, we will not be responsible for Proper Recipients' later use of this information.

13. Scope Of Privacy Policy.

This Privacy Policy governs our information practices with respect to information that you directly or indirectly provide while using our Website. This Privacy Policy does not apply to information practices of Downtown Tempe applicable to other relationships or other programs.

14. Definitions.

14.1. “Aggregate Information” is defined in Section 2 of this Policy.
14.2. "Business and Community Information" is defined in Section 2 of this Policy.
14.3. "Information Services" or "Our Information Services" means the information made available on our Site including, but not limited to, information related to living, working, enjoying and visiting Downtown Tempe, VA.
14.4. “Personal Information” is defined in Section 2 of this Policy.
14.5. "Downtown Tempe Members" means those users of our Site that are property owners of real property within the Downtown Tempe parameters and those users of our Site that are tenants and other occupants of the real property of those property owners that register with Downtown Tempe.
14.6. "Site Vendors" is defined in Section 5 of this Policy.
14.7. "Submitted Content" means (i) information you provide to us in order to post the information on the Website, such as photographs, information concerning your business, information concerning community events, and other Business and Community Information; and (ii) information you provide to us in the form of feedback concerning the Site and our Information Services, all as further detailed in Section 5 of our Terms of Use (entitled "Submitted Content").
14.8. "We,” “us,” and “our” refer to Downtown Tempe, as applicable.
14.9. “You” and “your” refer to: (i) visitors to our Site, (ii) anyone using our Information Services, (iii) Downtown Tempe Members.

15. Additional General Provisions.

15.1. Privacy Protection for Children.
Our Website is not directed at children, and we will not accept or request Personal Information from individuals we know to be under 13 years old. In accordance with the Children’s Online Privacy Protection Act ("COPPA"), if we learn that a child under 13 years old has provided Personal Information, we will either (i) delete this information from our databases in accordance with our deletion procedures set out in Section 6 (How To Obtain Access To Information You Have Provided To Us, And How To Remove Your Information From Our Database), or (ii) obtain verifiable parental consent in accordance with COPPA.
15.2. Changes to Privacy Policy.
We will post material changes to this Privacy Policy at least 10 days before they take effect. Any information we collect under the current Privacy Policy will remain subject to the terms of this Policy, until you accept the new Privacy Policy (as provided in Section 1 (Privacy Policy And Your Acceptance And Consent)), at which point the new Policy's provisions will govern Personal Information we hold on your behalf.
15.3. Disclaimer Notice.
We make no claims, promises or guarantees about the accuracy, currency, completeness, or adequacy of the content of this Website and expressly disclaims liability for errors and omissions in its content. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given with respect to this Website or its links to other Internet resources. Although we have put in place security systems (as described in this Privacy Policy) that are designed to prevent unauthorized disclosure of your Personal Information, due to the nature of Internet technologies we cannot provide assurances as to the security of this information, and expressly disclaim any such obligation.
15.4. Site Privileges.
You agree to refrain from activity that imposes an unreasonable burden on the Site, and we reserve the right, in our discretion, to limit the order quantity on any item and/or to refuse service to any customer who violates these provisions.
15.5. Choice of Law and Jurisdiction; Translations.
This Site is controlled and operated by Downtown Tempe Members from its location in Downtown Tempe section of Tempe, Arizona. This Policy shall be construed in accordance with the laws of the Commonwealth of Arizona, without regard to any conflict of law provisions. Any dispute arising under this Privacy Policy shall be resolved exclusively by the state or federal courts sitting in the judicial district that includes Tempe, Arizona. This Privacy Policy may be translated into languages other than English (collectively, "Translations"). Any communications sent by us to you shall be sent in English. Dispute resolution procedures arising out of either this Privacy Policy or the Translations shall be conducted in English, and the English version of this Privacy Policy shall control over the Translations.
15.6. Links to Third-Party Sites.
Our Site may contain links to other sites. Please be aware that we are not responsible for the privacy practices or content of other sites. We encourage you to be aware when you leave our Site and to read the privacy policies of each website that collects Personal Information. This Privacy Policy applies solely to information collected by our Site and does not, for example, apply to information collected by a site operated by a third party.

16. Transfer of Site.

We shall be entitled to transfer Personal Information to a third party in connection with a sale of all or substantially all of the assets of the business entity responsible for the Information under this Policy, provided the acquiring third party has agreed to safeguard your Personal Information with protections that in all material respects are the same as or more protective than those set out in this Privacy Policy.

17. Complete Agreement.

This Privacy Policy must be read in conjunction with our Terms of Use, and the provisions of our Terms of Use are incorporated herein. To the extent the Terms of Use conflict with the terms of this Privacy Policy, the terms of this Privacy Policy will control.