Effective November 1, 2022

INTRODUCTION

Thank you for visiting the Alleghenies Marketplace at allegheniesmarketplace.com (the “Website”), which is owned and operated by the Southern Alleghenies Planning & Development Commission (“Southern Alleghenies” or “we” or “us”).  This Privacy Policy (the “Policy”) describes the collection and use of your personal information by Southern Alleghenies.  In addition to this Policy, your use of the Website is governed by our Terms of Service.  This Policy is incorporated into the Terms of Service and Conditions of Use and does not amend, replace, or modify the Terms of Service and Conditions of Use.

 

By using the Website and disclosing your personal information to us, you consent to the collection of certain personal and non-personal information, and you agree that your personal and non-personal information can be collected, stored, transmitted, and used as provided by this Policy.  If you do not agree to the collection, storage, transmission, or use of your personal information as explained in this Policy, then you must immediately stop using the Website and you should not disclose any personal information to us.

 

Changes to this Policy may be made at any time and will be posted on the Website. To the extent you are a registered account holder, Southern Alleghenies will use commercially reasonable efforts to notify you by email of material changes to the Policy.  Southern Alleghenies’ failure to notify you of any changes to the Policy will not affect any rights, liabilities, or obligations of Southern Alleghenies.  You should periodically review the Policy on the Website to determine whether there are changes to the Policy that you deem to be material.  You must immediately stop using the Website if you do not agree to the collection, storage, transmission, or use of your personal information as described in any future amendments or modifications to this Policy.  You consent to any future amendments or modifications by continuing to use the Website and provide personal information to us after those amendments or modifications are posted.

 

The Website includes certain features, including e-commerce features, hosted by PayPal. Your personal and non-personal information may be stored by PayPal. PayPal’s privacy policy may apply to the collection, use and disclosure of your personal and non-personal information.  This Policy describes only Southern Alleghenies’ policies with respect to your personal and non-personal information and does not cover the collection, use or disclosure of your information by PayPal.

 

INFORMATION COLLECTED

 

Southern Alleghenies collects personal and non-personal information that you provide while interacting with the Website.  The personal information that Southern Alleghenies may collect includes your name, mailing address, phone number, email address, credit card number and other financial or payment information, order details and order history.  

 

If you choose to interact with us using social media (including Facebook, Twitter and Instagram), then we may collect personal information about you that is publicly available (for example, your publicly available posts, photos, likes, favorites, friends or followers) or available to us as a result of your interaction with us (for example, your direct or private messages to us).  

 

The non-personal information that Southern Alleghenies may collect includes your computer or device type, operating system, browser, the URL of websites previously visited by you (or by others using your computer or device), your internet service provider, statistics about your network or mobile connection and your internet protocol address (which may reveal your location).  Your non-personal information is generally not directly associated with your name or other personal information and is collected by automatic means (such as by cookies, tokens, web beacons and other similar technologies).  

 

USE OF INFORMATION BY SOUTHERN ALLEGHENIES

 

Southern Alleghenies uses your personal information primarily for its own internal purposes, such as providing, maintaining, evaluating, and improving the Website and the products and services we offer and sell.  We also use your personal information to process and ship your orders, collect, and process credit card payments or other fees and to provide customer support regarding your order.

 

Additionally, Southern Alleghenies may use your personal information to contact you regarding the Website and our products and services, and we may share your name, contact information, and order history with our affiliates for marketing purposes.  For example, we may send you emails about the Website, our products and services and other updates and special offers, and we may target or personalize those communications based on your personal and non-personal information.  If you do not want to receive promotional, marketing, or other emails from Southern Alleghenies or our affiliates, you may opt-out by following any opt-out or unsubscribe instructions included in those emails or by emailing us at adm@allegheniesmarketplace.com.

 

Southern Alleghenies uses non-personal information collected to track the use of the Website and to assist Southern Alleghenies in providing, maintaining, evaluating, and improving the Website and the products and services Southern Alleghenies offers and sells.  Your non-personal information is aggregated with the non-personal information collected from other users of the Website to help up monitor, analyze and optimize the Website and our products and services.  We may engage a third-party vendor to collect, transmit and store your non-personal information and to use non-personal information to manage, monitor and optimize the Website and to measure the effectiveness of our advertising, communications, and users’ interaction with the Website.  

 

We may use your personal and non-personal information to investigate, detect, prevent and/or mitigate actual or potential fraud, prohibited or illegal activity and/or violations of the Terms of Service and Conditions of Use or other applicable policies and agreements.  

 

DISCLOSURE OF INFORMATION TO THIRD PARTIES

 

Southern Alleghenies will not sell your personal information.  We will not share or disclose your personal or non-personal information with any third party except in the following circumstances:

 

  • We may disclose your personal and non-personal information to our third-party vendors in connection with fulfilling orders, processing payments, shipping orders and as otherwise reasonably required to provide you with the products and services that you request from us.  

 

  • We may disclose your personal information and non-personal information to our affiliated companies for marketing purposes.  

 

  • We may disclose your personal information and non-personal information if we determine that disclosure is reasonably required or beneficial to you, us or a third party to investigate, detect, prevent and/or mitigate actual or potential fraud, prohibited or illegal activity and/or violations of the Terms of Service or other applicable policies and agreements.  

 

  • We may disclose your personal information and non-personal information to protect or enforce our legal rights and policies, to protect or enforce the legal rights of a third party and/or if we determine that disclosure is required by law or regulation (such as to comply with a subpoena or court order).  

 

  • We may disclose your non-personal information, in aggregate form that is not associated with your personal information, to our affiliates and potential business partners, advertisers, investors and for other business and marketing purposes. You may not opt-out of the sharing of this information.  

 

COOKIES, TOKENS AND WEB BEACONS

 

A cookie or token is a small file placed on your computer’s hard drive or in your device’s memory to observe your use of the Website.  Most websites use cookies or tokens.  Southern Alleghenies may use cookies and tokens to track your use of the Website, provide you with a more personalized user experience and to facilitate login or access to certain portions of the Website.  A web beacon is a small graphic image (usually no larger than a pixel) that is placed on a web page or in an e-mail to track the behavior of the user.  We may use web beacons to track your use of the Website or track your interaction with emails that we may send you.

 

We may use a third-party vendor to provide, collect, store, transmit and analyze the non-personal information collected by cookies, tokens, or beacons. You may be able to prevent or limit the use of cookies, tokens, or web beacons by modifying your browser or device settings.

 

STORAGE, TRANSMISSION AND PROTECTION OF INFORMATION

 

Southern Alleghenies will collect, store, transmit and protect your personal information using encryption and/or security protocols that are standard in the industry and that we believe reasonably protect your information.  While we strive to use commercially acceptable means to keep your personal information secure, many factors affecting the security of your personal information are outside our control, and we cannot guarantee absolute security.  Southern Alleghenies is not liable or responsible for any disclosure of your personal information due to errors in transmission or factors beyond our reasonable control.

 

We rely on third party vendors to collect, store, transmit and protect your personal information.  We select third party vendors that use encryption and security protocols that we believe adequately protect your personal information, but we do not have actual control over our third-party vendors and therefore we cannot be liable for the actions, conduct, errors, or omissions of those third parties. Our third-party vendors may have terms, conditions and privacy policies that differ from this Policy, and we have no control over or responsibility for how our third-party vendors collect, store, transmit or use your personal information.  

 

Because we use third party vendors to collect, transmit and store your personal information, your personal information and non-personal information may be collected from, transmitted to or from and stored in multiple locations worldwide.  We may store, transmit and use (as provided in this Policy) your personal and non-personal information indefinitely or in perpetuity.  

 

Transmitting and storing personal information via the internet puts that information at risk of inadvertent disclosure to or unauthorized access by third parties, such as hackers and other cybercriminals who exploit security flaws or place viruses, worms or Trojans on computers or other devices used to transmit or store your personal information. We will take commercially reasonable measures to reduce the risk that your personal information is disclosed to or accessed by third parties inadvertently or without authorization, but we cannot entirely eliminate that risk.  By providing us with your personal information, you accept the risk that your personal information may be disclosed to or accessed by third parties inadvertently or without authorization.  Southern Alleghenies is not responsible for the actions, conduct, error,s or omissions of third parties who may access or attempt to access your personal information without our consent and authorization or for the outcomes or consequences that result from such unauthorized access.

 

PRIVACY OF MINORS

 

Children under the age of 13 are expressly prohibited from using the Website.  We do not intentionally or knowingly collect or solicit personally identifiable information from children under 13.  If you are a child under 13, please do not attempt to use the Website or send any personal information about yourself to Southern Alleghenies.  If Southern Alleghenies learns that it has inadvertently collected personal information from a child under 13, that personal information will be promptly deleted.  If you believe that a child under 13 has provided personal information to Southern Alleghenies, please contact us at adm@allegheniesmarketplace.com.

 

LEGAL COMPLIANCE

 

Nothing in this Policy is intended to conflict with any rights, duties or obligations established by laws or regulations that apply to you or your personal or non-personal information, including laws and regulations regarding the protection of data, privacy and notice of data breaches.  If any provision of this Policy conflicts with or is unenforceable pursuant to any law or regulation applicable to you and/or to your personal or non-personal information, then the applicable law or regulation will prevail, and we will comply with such law or regulation.  

 

State and/or federal law may require us to notify you (in certain circumstances defined by law or regulation) if your personal information has been compromised, and we will comply with our legal obligations in applicable jurisdictions.  The laws and regulations that apply to Southern Alleghenies and to you and your personal and/or non-personal information may be different from those in the jurisdiction where you reside.  

 

NOTICE TO CALIFORNIA RESIDENTS

 

The California Consumer Privacy Act of 2018 provides consumers residing in California with additional rights regarding access to and deletion of their personal information.  The rights described in this paragraph apply to you and your personal information only if you are a consumer and a California resident, and are in addition to the other rights and options described in this Privacy Policy.  

 

You may have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months.  After we receive and confirm your verifiable consumer request (as described below), we will disclose to you: (i) the categories of personal information that we collected about you and the sources of that personal information; (ii) our business or commercial purpose for collecting or selling that personal information; (iii) the categories of third parties with which we shared your personal information; and (iv) the specific items of personal information that we collected about you.  If we sold or disclosed your personal information for a business purpose, we will provide you with information about the categories of personal information purchased from us and/or the categories of personal information categories that each recipient obtained.  We will disclose the categories (but not the identities) of third parties with which we share your personal information unless otherwise required by law, regulation, subpoena, adm@allegheniesmarketplace.com or court order.   

 

You may have the right to request that we delete some or all of the personal information that we collected from you or about you.  After we receive and confirm your verifiable consumer request (as described below), we will delete (and we will request our service providers and vendors to delete) your personal information unless an exception applies. We may deny your deletion request if retaining your personal information is reasonably necessary to: (i) complete your order or the transaction for which we collected your personal information, provide a product or service that you requested or otherwise fulfill our contractual duty to you; (ii) take actions reasonably anticipated within the context of our ongoing business relationship with you; (iii) fulfill the terms of a written warranty or product recall conducted in accordance with federal law; (iv) detect security incidents and/or protect against malicious, deceptive, fraudulent or illegal activity; (v) maintain the Website or identify and repair errors that impair the Website’s functionality; (vi) exercise free speech, ensure the right of another consumer to exercise free speech rights or exercise another right provided for by law; (vii) engage in internal uses that are reasonably aligned with consumer expectations based on your relationship with us; (viii) comply with any law (including the California Electronic Communications Privacy Act (Cal. Penal Code §1546 et. seq.), regulation, subpoena, court order or other legal obligation; and (ix) otherwise lawfully use your personal information consistent with the context in which we obtained it.  

 

You may also have the right to request, pursuant to California Civil Code §1798.83, that we provide you with information regarding our disclosure of your personal information to third parties for direct marketing purposes.   

 

To request that we disclose or delete information as described above, please email your request to adm@allegheniesmarketplace.com. only you (or someone legally authorized to act on your behalf and who provides us with documentation that we determine reasonably evidences your authorization) may make a request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. Unless otherwise permitted by law or regulation, you may only request that we disclose or delete information as described above twice within any 12-month period.  

 

All requests submitted pursuant to this paragraph must include sufficient information to permit us to reasonably verify that you are the person about whom we collected personal information or an authorized representative of that person.  Your request must contain details sufficient for us to properly understand, evaluate and respond to the request. When we receive your request, we may contact you by phone or email to obtain additional information necessary to verify your identity or to enable us to respond to your request.  We cannot respond to your request if we cannot verify your identity or authority to make the request.  If you provide us with personal information in order to verify your identify for purposes of this paragraph, we will use that personal information only to verify your identity or authority to make the request. 

 

We will respond to a verifiable consumer request pursuant to this paragraph within 45 days of receiving the request.  If we require more time (up to 90 days from receiving your request), we will inform you of the reason and extension period in writing.  We will communicate with you about your request and provide information in response to your request (if applicable) by phone and/or email unless you request that we communicate with you by mail.  Information provided in response to your request will reflect only the 12 -month period preceding receipt of your request.  If applicable, our response may explain the reasons that we cannot comply with your request.   If our response includes your personal information, it will be provided in a format selected by us that is readily useable and that reasonably enables you to transmit that information to another entity without undue burden. There is no fee for us to process or respond to a verifiable consumer request submitted pursuant to this paragraph unless it is excessive, repetitive or manifestly unfounded. If we determine that a fee applies to your request, we will inform you of the basis for the fee and provide you with a cost estimate before completing your request. 

 

If you are 16 or older, you have the right to direct us to not sell your personal information at any time.  To exercise this opt-out right, you (or your verified authorized representative) may submit a request to us by email at adm@allegheniesmarketplace.com.  After 12 months from your opt-out request, we may contact you to ask that you reauthorize disclosure or sharing of your personal information. We will use personal information provided in connection with an opt-out request only to review and comply with that request. 

 

We do not sell the personal information of consumers who are California residents and who we believe (to the best of our knowledge based on the information in our possession) are less than 16 years old unless we receive affirmative consent from: (i) the consumer, if the consumer is at least 13 years old but not yet 16 years old; or (ii) the parent or guardian of the consumer, if the consumer is less than 13 years old.  Consumers between 13 and 16 years old who opt-in to personal information sharing may later opt-out at any time by contacting us atadm@allegheniesmarketplace.com.  We will not discriminate against you for exercising the rights available to you pursuant to the California Consumer Privacy Act of 2018. Unless permitted by law, we will not: (i) refuse to provide products or services; (ii) charge different prices or rates, impose penalties or deny discounts generally available to other consumers; (iii) provide you a different level or quality of products or services; or (iv) advise you that you may receive a different price or rate or a different level or quality of goods or services if you exercise your legal rights. We may, however, offer you certain benefits or incentives (to the extent permitted by law) that may result in different prices, rates or qualities if you agree to the sharing and/or disclosure of your personal information. Any such benefit or incentive that we offer will reasonably relate to your personal information’s value, and we will describe in writing the material terms associated with the sharing or disclosure that is required in order to receive a benefit or incentive.  If you participate in a program that provides a benefit or incentive in exchange for the sharing or disclosure of your personal information, you may opt-out of the program at any time by contact us at adm@allegheniesmarketplace.com. Since there is no widely accepted standard for browser-initiated Do Not Track Signal, we do not currently recognize or respond to Do Not Track Signals.

 

CHANGES AND UPDATES TO PRIVACY POLICY

 

We reserve the right, at our sole discretion, to change, modify, add, or remove this Privacy Policy, in whole or in part, at any time and without prior notice.  Although we will use our best efforts to notify you that this Privacy Policy has been changed or updated, such notice is not required for those changes or updates to be effective and binding.  Our current Privacy Policy is posted on the Site.  It is your responsibility to review this Privacy Policy periodically for any changes or updates.  Your continued use of the Site following any changes or updates means that you accept and agree to the changes or updates.