Privacy Statement

Effective Date: January 1, 2024

Americas' SAP Users' Group (“ASUG”, “we”, “us”, or “our”) is committed to protecting the privacy of the personal information of persons who provide us or from whom we obtain personal information (as defined below), whether as visitors to our www.asug.com website or our microsites (together, “Website”) or as ASUG members (collectively, “you” or “your”). This privacy statement (“Privacy Statement”) (available here) governs your access to and use of the ASUG Website, ASUG microsites, Jive, ASUG social media and all third-party registration systems (collectively, the “Services”) and the purchase of any of our products (including events) (“Products”), and describes how ASUG collects, uses, and shares your information when you use and interact with our Website and Services.

ACKNOWLEDGEMENT AND CONSENT

By visiting our Website or purchasing or using our Services in any manner, you acknowledge that you accept the terms, practices and policies described in this Statement (and as updated from time to time), and you hereby consent that we may collect, use, and share your information as described herein. If you do not agree with our policies and practices, your choice is not to use our Website or our Services. Your use of the Website and our Services is at all times subject to our Terms of Use (available here and as updated from time to time (the “Terms”)), which is incorporated by reference herein. Any capitalized terms we use in this Privacy Statement without defining them have the definitions given to them in the Terms. This Privacy Statement applies only to ASUG’s or its authorized Service Providers’ (as defined herein) and partners’ collection, use, disclosure, and protection of your information. It does not apply to third-party websites, applications, or services.

CHANGES TO OUR PRIVACY STATEMENT

We are constantly working to improve our Website and Services, and we may need to change this Privacy Statement from time to time as well. Our current Privacy Statement will always be on our Website and any updates will be effective upon posting. You are responsible for periodically checking our Website for updates. Under certain circumstances, we may also elect to notify registered Users of changes or updates to this Privacy Statement by additional means, such as posting a notice on the Website or by sending you an email, but you should not rely on receiving such additional notice

ELIGIBILITY TO USE THE SERVICES/MINORS

ASUG’s Services are not directed to persons under the age of 18. You may not purchase or use our Products or Services if you are under the age of 18. We do not knowingly collect, solicit or maintain Personal Information from anyone under the age of 18 or knowingly allow such persons to become a member or register for our Services. If you are under 18, please do not send any Personal Information about yourself (such as your name, address, telephone number, or email address) to us. In the event that we learn that we have collected Personal Information from a child under age 18 without verification of parental consent, we will use commercially reasonable efforts to delete that information from our database.

PERSONAL INFORMATION

This Privacy Statement covers our treatment of personally identifiable information. “Personal Information” means any unencrypted or non-deidentified information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked with a particular person such as, but not limited to, your name, mailing address, email address, telephone number, etc. Please see additional information below on the particular information we may collect. For this Privacy Statement the definition of “Personal Information” is the definition under the state, country, or other law applicable to the person whose data is collected; however, for California residents only, “Personal Information” shall have the definition as set forth in the California Consumer Privacy Act of 2018 (“CCPA”). Please see the section below entitled “Privacy Notice for California Residents” for more information.

Personal Information does not include your Personal Information that has been deidentified, pseudonymized, anonymized, aggregated, and/or otherwise processed so as to be unidentifiable in such a way that the data can no longer be attributed to a specific individual (by reasonable means) without the use of additional information, and where such additional information is kept separate and under adequate security to prevent unauthorized re-identification of a specific individual such that one could not, using reasonable efforts, link such information back to a specific individual (collectively, all of the foregoing in this sentence being referred to as “De-Identified Personal Information”).

PERSONAL INFORMATION WE COLLECT

We collect several categories of Personal Information from and about you as summarized in the following table:

Category	Specific Items of Personal Information
Identifiers	first and last name user name (which may include first and last name) email address postal address customer/account name or number phone number mobile device identifier
Demographic	birth date, national origin, country of residence
Commercial Information	Products/Services purchasing history and tendencies
Internet or other electronic network activity	browsing, session, interaction, and search history related to our Website Internet Protocol (or IP) address, protocol, and sequence information; cookies beacons pixel tags browser language and type domain name system requests material and pages viewed time and date of access to the Website number of bytes transferred number of clicks per visit operating system and platform, device type and device identifiers hypertext transfer protocol headers, application client and server banners, and operating system fingerprinting data MAC address, device ID/UDID, or similar device-specific code
Sensory information	voice and recording (but only as part of a virtual meeting session)
Professional or employment information	Employer, employment history, information from professional references email address that identifies you (e.g., jane.r.smith@website.com versus jrs@website.com)
Inferences drawn from any of the above to create a profile of a consumer	a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes

HOW WE COLLECT PERSONAL INFORMATION AND FROM WHAT SOURCES

ASUG collects Personal Information about you through various means, including when you provide it to us and when we automatically collect information about you when you access, use, or interact with the Website or the Services.

Information You Provide to Us:

ASUG Account Information: ASUG may require you to register for an account to use certain Services (an “ASUG Account”). We do not require you register to use all our Services. However, if you do register for Services offering an ASUG Account, you will gain access to those areas and features of the Services that require registration. ASUG will collect certain information about you in connection with your registration for your ASUG Account, which may include Personal Information Some of your ASUG Account information may be displayed publicly, e.g., username, name, and logins to Champions. You are not required to provide your Personal Information; however, if you choose to withhold certain Personal Information, we may not be able to provide you with certain Services.

Demographic Information: ASUG also collects anonymous demographic information about Users of the Services, which is not unique to you, such as your ZIP code, age, gender, preferences, interests, and favorites.

Webcasts: ASUG partners with third-party sponsors to produce and distribute webcasts and other online content for both ASUG members and non-members (“Webcasts”). When you register for a Webcast, your registration information, including your name and contact information, may be shared with ASUG and our Webcast sponsor partners, whether or not you are an ASUG member. Users may opt-out of sharing their information with ASUG’s third-party Webcast partners as part of the registration process or by following instructions provided with Webcast registration confirmations.

Events & Conferences: ASUG partners with third-party sponsors and exhibitors (together referred to as “sponsors”) to produce events and conferences for both ASUG members and non-members (“Events”). When you register for an Event, your registration information, including your name and contact information, may be collected by us or by our Service Providers, and shared with ASUG and our Event sponsor, whether or not you are an ASUG member. Users may opt-out of sharing their Personal Information with ASUG’s third-party Event sponsors as part of the registration process, where applicable, by following instructions provided with Event registration confirmations, or by filling out the form below.

Message Board Information: Please keep in mind that if you directly disclose Personal Information or other sensitive data through ASUG public message boards, this information may be collected and used by ASUG or others.

Payment Transaction Information: We may collect and store information related to purchases made through our Services. You may provide certain information to complete payments via the Services, including your name, address (collectively, “Payment Information”), along with your delivery or shipping address, to complete payment transactions through certain Services. ASUG does not itself collect or maintain your credit card or other financial account information; this information is handled for ASUG by our payment processing Service Providers. You are subject to the privacy policies and terms and conditions of such Service Providers when shopping for ASUG Products or making donations, the terms of which may differ from those of ASUG for the Services. Please review the Service Providers’ privacy policies and perms and conditions before using their services.

Form Information: We may use webforms to request certain information from you in order to perform certain Services, such as your general location to assist you in locating our Products (e.g., membership content, event access, sponsorship, etc.), or your contact information to assist with contacts or Service requests. This information may include Personal Information.

Correspondence Information: If you become a member, email us, subscribe to our newsletters or mailing lists, or make purchases of our Services, we may keep your information to respond to your requests, provide the requested Products or Services, and to provide notifications or other correspondences to you. If you do not want to receive email from us in the future, you may let us know by emailing us at memberservices@asug.com. Please note requests to remove your email address from our lists may take some time to fulfill.

Support Information: You may provide Personal Information to us via a support request submitted through the Services. We will use this information to assist you with your support request and may maintain this information to assist you or other users with support requests. Please do not submit any information to us via a support submission, including confidential or sensitive information that you do not wish for ASUG or our Service Providers to have access to or use in the future (pursuant to this Privacy Statement).

Information We Collect Automatically:

Cookies, Web Beacons, And Other Tracking Technologies: ASUG may keep track of how you use and interact with the Services through the use of cookies of various types, web beacons, links, and other tracking technologies. We do this for the operation of the Services, to maintain the quality of the Services, to help analyze the use of and improve the Services, and to provide general statistics regarding the use of the Services. Through these technologies, we may automatically collect information about your use of the Services and other online activities, including our email correspondence, third-party services, and client applications, and certain online activities after you leave the Website. We use cookies to deliver personalized content, to save you having to re-enter your password repeatedly, to keep track of your shopping cart, and to tailor our information offerings to how you and others use the Website. Some Services may not function properly if you disable cookies.

Links: ASUG may automatically collect information related to links to third-party websites, including referring website addresses and links you may click to other websites from the Services. Link information is generally only analyzed on an aggregate basis. ASUG encourages you to review the privacy statements of companies whose websites you choose to link to from ASUG so that you can understand how those websites collect, use, and share your information. ASUG is not responsible for the content on websites outside of the ASUG Websites or the operators’ use of your Personal Information.

Unique Identifiers: When you use or access the Website or the Services, we may access, collect, monitor, store on your device, and/or remotely store one or more "Unique Identifiers," such as a universally unique identifier (also known as a UUID). A Unique Identifier may remain on your device persistently, to help you log in faster and enhance your navigation through the Services. Some features of the Services may not function properly if use or availability of Unique Identifiers is impaired or disabled.

Log File Information: When you use our Services, we may receive log file information such as your IP address, browser type, access times, domain names operating system, the referring web page(s), pages visited, location, your mobile carrier, device information (including device and application IDs), search terms, and cookie information. We receive log file data when you interact with our Services, for example, when you visit our Website, sign into our Services, or interact with our email notifications. ASUG uses log file data to provide, understand, and improve our Services, and to customize the content we show you. ASUG may link this log file to other information ASUG collects about you via the Services.

Public Information: ASUG may also collect information about you from publicly available sources. Information you make publicly available in any public or open forum, such as on a social network, may be considered public information for the purposes of this Privacy Statement, and may be accessed and collected by ASUG. Please be aware that any content or information you share with or provide to third parties using or related to your use of the Services is neither private nor confidential. ASUG is not responsible for any content or information you post or share with third parties. If you do not wish for certain information to be public, please do not share it.

You also may submit information, such as comments, reviews, testimonials , etc., to be published or displayed (“posted”) on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, “Content”). Your Content is posted and transmitted to others at your own risk. We cannot control the actions of other users of the Website with whom you may choose to share your Content. Therefore, we cannot and do not guarantee that your Content will not be viewed by unauthorized persons. By posting any Content or submitting Content for posting you agree to and do hereby grant us and our licensors, affiliates, partners, successors and assigns, a nonexclusive, perpetual, irrevocable, worldwide, sublicensable, transferrable, royalty-free right and license to use, store, display, publish, transmit, transfer, distribute, reproduce, rearrange, edit, redact, modify, aggregate, summarize, adapt, create derivative works of and publicly perform the Content that you post or otherwise submit to us for any purpose, in any form, medium, or technology now known or later developed (“Right to Use”). The Right to Use you grant us above also extends to any Content that you have posted to our Facebook or other social media account pages, or on other websites, e.g., Google, Yelp, Trip Advisor, Instagram, etc.

Behavioral Tracking: We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services, or associate Personal Information with other information collected in this manner.

Keystrokes/Clicks: We or our Service Providers may keep track of and/or collect the keystrokes and cursor movements of Website visitors before purchase of a Product or Service from our Website (and before we have any email address or other information about you (other than IP address) which would specifically identify you), but, this information is anonymous and, at the time of collection, we do not directly associate or attempt to associate this information with you as an identifiable individual. If you sign up to receive our emails (e.g., through the popup box that appears) we then do have the ability going forward to associate the keystroke and cursor information with the email address you provide. We use this information solely for the purpose of improving our Website to improve our customers’ user experience (e.g., improving navigation, readability, etc.).

HOW WE USE YOUR INFORMATION

We use information that we collect about you or that you provide to us, including any Personal Information, for one or more of the following purposes:

• To present our Website and its contents to you.
• To provide you with information and respond to your questions on Products or Services that you request from us and information on new Products and Services, discounts, special promotions or upcoming events, and features or offers that we believe will be of interest to you.
• To provide you with the Products, Services or information that you have requested.
• To process transaction payments, including, but not limited to, Product and/or Service fees, subscription fees, professional fees, membership dues, registration fees, voluntary contributions, examination fees, credential and designation fees, and payments, refunds and reimbursements for any Products or Services that you choose to purchase from us (though we do not receive your credit or debit card number).
• To provide you with notices about your account, including expiration and renewal notices.
• To notify you about information regarding or changes to our Website, our policies, terms, or any Products or Services we offer or provide, or regarding your account.
• To process your account application and any changes to your account information.
• To process Personal Information or other information that you submit through to us.
• To allow you to participate in interactive features on our Website.
• To contact you about our own and third-parties’ products and services that may be of interest to you.
• To provide access to restricted parts of our Website, e.g., areas accessible if you have a user account.
• To enhance and improve our Services, for example, by performing internal research, analyzing user trends, and measuring demographics and interests.
• For internal purposes, such as Website or Services and system operation, administration, maintenance, internal audits and reviews, diagnosing technical problems, and maintaining security.
• To provide statistics about the usage levels of the Website and other related information to our Service Providers.
• To notify you of data privacy incidents or provide you with legally required information.
• To contact you regarding a promotion, contest, or sweepstakes in which you have participated.
• To request your participation in ratings, reviews, surveys, focus groups, or other initiatives which help us to gather information used to develop and enhance our Products and Services.
• To determine eligibility for membership, credentials, designations, or volunteer opportunities.
• To evaluate your performance on continued learning courses and assist you in the tracking of your progress.
• For examination or event registration, scheduling, event attendance, administration and related purposes.
• To fulfill any other purpose for which you provide Personal Information.
• In any other way we may describe and for which we obtain your consent when you provide the information and you give your consent.

We may use your Personal Information you provide us and which we obtain from other sources to better understand your interests so we can try to predict what other Products, services and information in which you might be interested. This practice involves making automated decisions about you based on this information in order to better enable us to tailor our interactions with you to make them more relevant and interesting. You may object to our doing this at any time by contacting us (see Contact Information/User Rights below).

We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your Personal Information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

Text Messages: Our Services may include a Short Message Service (“SMS”) which may deliver up to two messages per day to your wireless device. We may use your information to contact you about emergencies. You may remove your information by replying “STOP” to the SMS text message you received. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. Alternatively, you may submit your request by email to us, including the email address and phone number you registered with us, or by any reasonable means. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again. For help, please reply to a text with HELP. Message and data rates may apply, depending on your cell phone plan. Carriers are not liable for delayed or undelivered messages.

Social Media Plugins: We integrate social media application program interfaces or plug-ins (“Plug-ins”) from social networks, including Facebook, Google+, LinkedIn, Xing, Twitter, Instagram, Tumblr, Pinterest and/or possibly other companies, into the Website. In order to register as a user with us, you may have the option to sign in using your Facebook or other social media site login. For example, when you visit our Website, the plugin creates a direct connection between your browser and the Facebook server. This allows Facebook to receive information about your visit to our Website with your IP address. If you click the Facebook “Like” button while you are logged on to your Facebook account, you can link the contents of our Website to your Facebook profile. This allows Facebook to assign your visit to our Website to your user account. Please note that as provider of the Website, we receive no notification about the contents of the transmitted data or their use by Facebook. If you do not want Facebook to assign your visit to our Website to your Facebook user account, please log out of your Facebook user account.

DISCLOSURE OF YOUR INFORMATION

We may disclose your Personal Information, in whole or in part, to the following types of third parties, and for one or more the following purposes:

• Data storage or hosting providers for the secure storage and transmission of your data
• Database and software Service Providers for the management and tracking of your data
• Technology providers who assist in the development and management of our Website
• Identity management providers for authentication purposes
• Legal and compliance consultants, such as external counsel, external auditors, or tax consultants
• Payment solution providers for the secure processing of payments you provide to us
• Outbound call center providers, who may perform outreach on our behalf regarding our Products and Services
• Fulfillment and shipping vendors for the fulfillment of our Products and Services
• Survey and research providers who perform studies on our behalf
• Publishers and learning providers who develop Products on our behalf
• Learning technology and online event providers for the delivery and improvement of web events and learning programs and the tracking of your progress
• Examination providers for the scheduling and delivery of credential and designation examinations
• Digital credential providers for the delivery of digital badges earned through your participation in learning programs
• Advertising partners, including social media providers, for the delivery of targeted advertisements
• Our volunteers or committee members who perform various functions on our behalf

ASUG does disclose Personal Information to third parties without your consent, except in the limited circumstances described in this Privacy Statement. ASUG may also disclose information about you in the following circumstances:

ASUG Personnel: ASUG’s personnel (including, but not limited to, volunteers) may have access to your information as needed to provide and operate the Services in the normal course of business. This includes information regarding your use and interaction with the Services.

External Business Partners: ASUG may, from time to time, contact you on behalf of external business partners about an offering of products or services that may be of interest to you. Your Personal Information is not disclosed to such partners.

Service Providers: ASUG works with various organizations and individuals to help provide the Services to you ("Service Providers"), such as, but not limited to, hosting companies, e-commerce shopping website providers to provide the online shops available via the Services, payment processors to process payments, and companies providing analytics information, e.g., Google Analytics. We may share your Personal Information with our Service Providers for the purpose of providing the Services. The information we share to our Service Providers may include both information you provide to us and information we collect about you, including Personal Information, Payment Information, information from data collection tools like cookies, web beacons, log files, Unique Identifiers, and location data. ASUG takes reasonable steps to ensure that our Service Providers are obligated to reasonably protect your information on ASUG’s behalf. If ASUG becomes aware that a Service Provider is using or disclosing information improperly, we will take commercially reasonable steps to end or correct such improper use or disclosure.

Sponsors and Exhibitors: As part of an event registration you will have the opportunity to opt-in to permit the sharing of some of your Personal Information with companies who sponsor our events or who are event exhibitors, as part of the sponsorship or exhibitor package for which these companies pay us a fee. These companies may contact you about their products and services.

Online Shops: ASUG works with third-party Service Providers to operate our online stores and handle payment transactions. When you click links such as “Shop” within our Services, you are redirected to one of our third-party Service Provider’s platforms to shop and complete purchases. ASUG does not itself collect or maintain your credit card or other financial account information; this information is handled for ASUG by our Service Providers. Our Service Providers may share certain information they collect about you with us as part of your use of their services, such as information about purchases made in connection with ASUG’s Services. Please note you are subject to the privacy policies and terms and conditions of our Service Providers, including when shopping for ASUG Products or making donations, the terms of which may differ from those of ASUG for the Services.

Your Consent to Disclosure/Transfer/Sale of Your Personal Information: You consent to our disclosure of your Personal Information, De-Identified Personal Information, and other information you provide to us (“Transferred Information”) to a potential or actual buyer or acquirer of our company or other successor for the purpose of considering or undergoing a merger, divestiture, restructuring, reorganization, dissolution, change in control, or sale or transfer of some or all of our assets (each of the foregoing referred to as a “Transfer”), whether as a going concern or as part of bankruptcy, liquidation or other court proceeding, in which Personal Information held by us is among the assets transferred. You agree to and do hereby consent to (and shall not object to) our assignment, conveyance, transfer, and/or license (whether by contract, merger or operation of law) as part of a Transfer, of any or all of our rights under this Privacy Statement, our Terms and/or any other document or understanding, in whole or in part, in and to Transferred Information and your consents, with or without notice to you and without your further consent. We cannot make any representations regarding the use or transfer of Transferred Information that we may have in the event of our bankruptcy, reorganization, insolvency, receivership, or an assignment for the benefit of creditors. By providing any Personal Information, you expressly agree and consent to the use and/or transfer of Transferred Information or other information in connection with a Transfer. Furthermore, except as required by law, we are not and will not be responsible for any breach of security by any third parties or for any actions of any third parties that receive any of the Transferred Information that is disclosed to us or which we obtain.

Law-Related Requests: Except as otherwise described in this Privacy Statement, we will not disclose your Personal Information to any third party unless required to do so by law, court order, legal process, or subpoena, including, but not limited to, in order to respond to any government, regulatory, or licensing request, or if we believe that such action is necessary to: (a) comply with the law, comply with legal process served on us or our affiliates, subsidiaries, contracted vendors, or affinity partners, or investigate, prevent, or take action regarding suspected or actual illegal activities; (b) enforce our Terms or customer agreement (including for billing and collection purposes); (c) take precautions against liability; (d) investigate and defend ourselves against any third-party claims or allegations; (e) assist government enforcement agencies or to meet national security requirements; (f) to protect the security or integrity of our Website, our Products or our Services; or, (g) exercise or protect the rights, property, or personal safety of us, our users or others.

Disclosure of De-Identified Personal Information: We may share De-Identified Personal Information with third parties for any purpose. De-Identified Personal Information or non-Personal Information may be aggregated for system administration and to monitor usage of the Website. It may be utilized to measure the number of visits to our Website, average time spent, number of pages viewed and to monitor various other Website statistics. This monitoring helps us evaluate how visitors use and navigate our Website so we can improve the content. We may share De-Identified Personal Information or anonymous information (including, but not limited to, anonymous usage data, referring/exit pages and URLs, IP address, platform types, number of clicks, etc.) with interested third parties in any way we choose and for any purpose. We may disclose, sell, rent, etc., your De-Identified Personal Information to third parties and we may receive valuable consideration for doing so.

YOUR ACCESS TO THE INFORMATION ASUG HAS COLLECTED ABOUT YOU

ASUG provides certain tools and settings within the Services to help you access, correct, delete, or modify your Personal Information we maintain. ASUG welcomes you to contact us regarding the information we have collected about you, including regarding the nature and accuracy of the data has collected about you, or to request an update or deletion of your information. Requests to delete or remove your Personal Information do not ensure complete or comprehensive removal of the content or information posted, and removed information may persist in backup copies indefinitely. Please note that if you choose to request that we delete your Personal Information or opt-out of the collection and use of your Personal Information, you understand that certain features of our Website, including, but not limited to, access to the Services, may no longer be available to you.

We may store the information we collect about you indefinitely, but information generally will be retained only for as long as necessary to fulfill the purposes for which the information was collected, or as otherwise required by law. Following termination or deactivation of your ASUG Account, ASUG may retain your information and content for a commercially reasonable time for backup, archival, and audit purposes.

OPTING-OUT OF COMMUNICATIONS FROM ASUG

By providing us with your email address you consent to our using the email address to send you Service-related notices by email, including any notices required by law (e.g., notice of data privacy or security incidents), in lieu of communication by postal mail. Users may opt-out of receiving certain communications from ASUG by following the unsubscribe process described in an email communication, by contacting us using the contact information provided below, or by using this link. However, please note you may not opt-out of Services-related communications, such as account verification, purchase and billing confirmations, changes or updates to features of the Services, or legal, technical and security notices.

DO NOT TRACK

ASUG does not currently employ a process for automatically responding to “Do Not Track” (DNT) signals sent by web browsers, mobile devices, or other mechanisms. Per industry standards, third parties may be able to collect information, including Personal Information, about your online activities over time and across different websites or online services when you use our Services. You may opt out of online behavioral ads at http://www.aboutads.info/choices/. You also may limit certain tracking by disabling cookies in your web browser.

SECURITY OF YOUR INFORMATION

ASUG takes reasonable efforts consistent with industry standards to secure and protect the security and privacy of your Personal Information. When Personal Information is transmitted externally by us, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol. As no data security protocol is impenetrable, ASUG cannot guarantee the security of our systems or databases, nor can we guarantee that your Personal Information we maintain will not be breached, intercepted, destroyed, accessed, or otherwise disclosed without authorization. Accordingly, any Personal Information you disclose to us is provided at your own risk.

Please do your part to help us keep your information secure. You are responsible for maintaining the confidentiality of your password and ASUG Account, and are fully responsible for all activities that occur under your password or ASUG Account. ASUG specifically reserves the right to terminate your access to the Services and any contract you have with ASUG related to the Services in the event it learns or suspects you have disclosed your ASUG Account or password information to an unauthorized third party.

You hereby release and forever discharge us and our affiliates, subsidiaries, officers, directors, employees, and agents, and their respective successors and assigns, and you will indemnify, defend and hold us harmless, from and against any liability, claim, or cost (including attorneys’ fees), arising directly or indirectly from any failure by you to maintain the security of your email or other accounts that directly or indirectly results in an unauthorized third party having access to such email or accounts or causes us to transfer funds based on instructions purporting to have originated from you (i.e., “wire transfer fraud” or “business email compromise” events).

TRANSFER AND STORAGE OF YOUR INFORMATION

Please note information ASUG collects about you may be transferred, processed, and/or accessed by us in the United States, or another country where we or our Service Providers operate. Please be aware Personal Information may be transferred to, and maintained on, computers located outside of your state or country where privacy laws may differ from and may not be as protective as those where you live. If you are located outside the United States and choose to allow us to collect information about you, please be aware that ASUG may transfer your Personal Information to the United States and process and store it there. By allowing collection of your Personal Information, you consent to having your personal data transferred to, processed, and stored in the United States.

If you are located in the European Economic Area ("EEA") or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information to a country or jurisdiction that does not have the same data protection laws as your jurisdiction. It may also be processed by staff operating outside the EEA who work for us or for one of Service Providers. By submitting your information, registering for, or using the Services, you consent to the transfer, processing, and storage of your information in the United States, or any other country in which ASUG or our Service Providers maintain facilities, and to the use and disclosure of information about you as described in this Privacy Statement.

GDPR: THE FOLLOW PROVISIONS APPLY ONLY TO CITIZENS AND RESIDENTS OF THE UNITED KINGDOM, EEA, AND SWITZERLAND

The following sections apply only if you are a citizen or resident of the UK, EEA, or Switzerland. For such citizens or residents, all processing of your Personal Information is performed in accordance with privacy rights and regulations, in particular, (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, known as the General Data Protection Regulation (“GDPR”), and our processing will take place in accordance with the GDPR. For purposes of the GDPR, we will be the “data controller” of Personal Information (referred to and defined in the GDPR (available here) as “Personal Data”) we collect through the Website, unless we collect such information on behalf of a “data controller” in which case we will be a “data processor.” This Privacy Statement does not apply to websites, applications or services that do not display or link to this Privacy Statement or that display or link to a different privacy policy. For UK, EEA, and Switzerland residents and citizens only, to the extent any definition in this Privacy Statement conflicts with a definition under the GDPR, the GDPR definition shall control.

We provide adequate protection for the transfer of Personal Information to countries outside of the UK, EEA, or Switzerland through a series of intercompany agreements based on or incorporating the Standard Contractual Clauses, or we rely on the European Commission’s adequacy decisions about certain countries, as applicable, and/or obtain your consent for these data transfers from Europe to the United States to other countries. We may also need to transfer your information to other group companies or Service Providers in countries outside the EEA. This may happen if our servers or suppliers and Service Providers are based outside the UK, EEA, or Switzerland, or if you use our Services and Products while visiting countries outside this area.

Our Legal Basis for Processing Personal Data (UK, EEA, and Swiss Visitors Only)

If you are a visitor using our Website from the UK, EEA, or Switzerland, our legal basis for collecting and using the Personal Data described above will depend on the Personal Data concerned and the specific context in which we collect it. However, we will normally collect Personal Data from you only where we need the Personal Data to perform Services for you for which you have contracted with us, or where the processing is in our legitimate interests or rely upon your consent where we are legally required to do so and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect Personal Data from you or may otherwise need the Personal Data to protect your vital interests or those of another person.

The collection and processing of your personal information may be necessary for the purposes of our legitimate interests. Such legitimate interest purposes may include:

• fraud prevention
• ensuring network and information security
• indicating possible criminal acts or threats to public security, including enhancing protection of our community against spam, harassment, intellectual property infringement, crime, and security risks of all kind, and enforcing legal claims, including investigation of potential violations of our Terms of Use
• when we are complying with legal obligations
• processing employee or visitor, member, attendee, or registrant data
• performing the function or Service you requested of us
• providing our Services and their functionality to you where such processing is necessary for the purposes of the legitimate interests pursued by us or by our Service Providers related to the Services
• direct marketing
• the relevant and appropriate relationship we have with you
• analytics, e.g., assess the number of visitors, page views, use of the Website, etc., in order to understand how our Website and Services are being used, to optimize the Website and/or future communications, and to develop new Services and Website features
• updating your information and preferences
• offering and improving our Services
• enforcing legal claims, including investigation of potential violations of applicable Terms of Use

Your Data Rights Under GDPR

You have the right to gain access to, object to processing of, request data portability of, and have corrected, updated, restricted, deleted, or be forgotten of the Personal Information collected about you, subject to some exceptions and conditions. You have the right to object to certain types of processing of your Personal Information. You can opt-out of certain uses of your Personal Information. For any of these, please contact us.

If you are subject to GDPR, your rights include the following:

• The right to access - Upon request, we will confirm any processing of your Personal Information and, and provide you with a copy of that Personal Information in an acceptable machine-readable format.
• The right to rectification - You have the right to have us correct any inaccurate Personal Information or to have us complete any incomplete Personal Information.
• The right to erasure - You may ask us to delete or remove your Personal Information and we will do so in some circumstances, such as where we no longer need it (we may not delete your data when other interests outweigh your right to deletion).
• The right to restrict processing - You have the right to ask us to suppress the processing of your Personal Information but we may still store your Personal Information. See below for more information.
• The right to object to processing - You have the right to object to your Personal Information used in the following manners: (a) processing based on legitimate interests or the performance of a task in the public interest/exercise of official authority (including profiling); (b) direct marketing (including profiling); and, (c) processing for purposes of scientific/historical research and statistics. See below for more information.
• The right to data portability - You have the right to obtain your Personal Information from us that you consented to give us or that is necessary to perform fulfillment of member benefits with you. We will give you your Personal Information in a structured, commonly used and machine-readable format.
• The right to complain to a supervisory authority - You have the right to file a complaint with a supervisory authority, in particular in the European member state of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of Personal Information relating to you infringes upon your rights.
• The right to withdraw consent - If we are processing your Personal Information based on your consent to do so, you may withdraw that consent at any time.

CONTACT INFORMATION

ASUG welcomes your comments and questions regarding this Privacy Statement. Please contact ASUG at privacy@asug.com.