Privacy Policy

 

THE MUSEUM OF CONTEMPORARY ART DENVER

OCTOPUS INITIATIVE
By using the Octopus Initiative Software (“OIS”) owned by the Museum of Contemporary Art Denver (“MCA”), you (“you”, “your”) accept and agree to all of the terms and conditions of this Privacy Policy (“Privacy Policy”) on behalf of yourself and all others you represent. If you do not agree to all the terms and conditions of this Privacy Policy, you may not use OIS. You acknowledge and accept that your use of OIS is at your sole risk. You promise and guarantee that you have the legal capacity and authority to accept and agree to this Privacy Policy on behalf of yourself and all others you represent. MCA reserves the right to change or terminate the terms of this Privacy Policy at any time and at its discretion without any notice to you by posting said changes on the MCA website. You are responsible for monitoring any such changes and any such changes are hereby incorporated into this Privacy Policy by reference as though fully set forth herein.

Personally Identifiable Information. MCA institutes the terms of this Privacy Policy for the protection of your personally identifiable information ("PII"). MCA uses its best efforts to maintain your PII in a safe, secure, and responsible manner including the storage of PII in a proprietary database format. Nonetheless, you understand that MCA cannot guarantee the confidentiality or security of your PII and you accept this risk.
 

Information Collected. The only PII collected from you has been voluntarily submitted and provided to MCA through your use of OIS or in response to MCA requests for information. The types of PII collected may include but are not limited to: name, address, phone number, and email address.
 

Representations and Warranties. You represent and warrant that:

  1. You will only submit your own PII and you have all necessary to rights to all PII you submit;
    1. All PII you provide is completely accurate and up-to-date;
    2. You will immediately update any changes to your PII through OIS;
    3. You have all rights necessary to submit all information you transmit to MCA;
    4. You will at all times take all necessary steps to protect all PII you transmit to MCA and accept complete responsibility for all your use and handling of all PII; and
    5. You will not submit any PII of any person under 18 years of age pursuant to this policy.
       

Use of PII. You hereby grant MCA the right to use the PII for the purpose of providing the services of OIS including, but not limited to, cataloging and tracking the use and distribution of artwork. You understand, acknowledge, and agree that MCA may share your PII with third-parties managing or administering the distribution of artwork using OIS. MCA will not sell your information to any third party.
 

Removal of PII. Upon your written request and if you terminate your use of OIS, MCA will make reasonable efforts to restrict further sharing of your PII with third parties and make reasonable efforts to delete your PII from OIS. Notwithstanding the foregoing, you acknowledge and accept that it may be impossible to delete PII entirely. You further acknowledge that MCA cannot control any third party’s use of your PII, will not influence any third party’s management, storage, or deletion or your PII, and does not make any representations as to any third party’s practices, actions, or omissions.
 

Cookies. We may store cookies on your computer or device in order to collect certain aggregate data and to customize certain aspects of your specific user experience. A cookie is a small data text file which is stored on your computer or device that uniquely identifies you. Cookies may also include more personalized information, such as your IP address, browser type, the server you are logged onto, the area code and zip code associated with your server, and your name. We may use cookies to perform tasks such as monitoring aggregate usage metrics, storing your preferences, and personalizing OIS for you.
 

Security. MCA utilizes reasonable security protocol to protect your PII. PII may be stored, managed, or otherwise handled by third parties. MCA cannot be responsible and shall not be held liable for any disclosure, exploitation, or other use of PII made by third parties nor any data security breach that may occur outside of MCA’s control. You understand and agree that MCA is not liable, accountable, or otherwise responsible for PII communicated to or through third parties and you hereby release MCA from any associated liability or responsibility therefor. Third parties receiving PII from MCA are solely responsible for their handling of such PII and any results thereof. PII may be communicated via digital transmissions (e.g. email) that may not be entirely secure and you understand and accept the inherent risks associated with these transmissions.
 

Limitation of Liability. YOU EXPRESSLY AGREE THAT YOUR AGREEMENT WITH MCA AND YOUR USE OF OIS IS AT YOUR SOLE RISK. OIS IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MCA, ITS DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS, AND EMPLOYEES, SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR IDENTITY THEFT OR ANY OTHER HARDSHIP, DAMAGES, OR LOSSES ARISING OUT OF OR RELATED TO: UNAUTHORIZED OR ACCIDENTAL ACCESS TO OR ALTERATION OF PII; CONDUCT OF ANY THIRD PARTY; OR ANY MATTER RELATING TO THE USE OF ANY PII; AND EVEN IF MCA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
 

Indemnification. You agree to indemnify and hold MCA, its subsidiaries, affiliates, and assigns, and each of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorneys’ fees, arising out of your use of OIS or in connection with your PII including, but not limited to, in connection this Privacy Policy or any breach or claim of breach for failure of any of the covenants, agreements, representations, or warranties you have made hereunder. All rights and remedies shall be cumulative and shall not interfere with or prevent the exercise of any other right or remedy which may be available.
 

Binding Effect on Successors. This Privacy Policy shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, legatees, executors, administrators, legal representatives, successors, and assigns.
 

Applicable Law. This Privacy Policy shall be governed by the laws of the State of Colorado and the parties hereby submit to the exclusive jurisdiction of the courts located in Denver, Colorado. In the event of any legal action to enforce the terms of this Agreement, the prevailing party may recover all legal fees and costs associated with the legal action.
 

Complete Agreement. This Privacy Policy constitutes the entire agreement between you and MCA concerning the subject matter hereof and supersedes all prior or contemporaneous agreements and understandings, oral or written, regarding said subject matter. Neither this Privacy Policy nor any uncertainty or ambiguity herein shall be construed or resolved against either your or MCA. You have had time and opportunity to review the foregoing and obtain counsel of your choice and advice as deemed necessary or desirable.

 

Contact Us

If you would like to update or correct your information or modify your communication preferences, or if you have questions regarding our Privacy Policy or the use of information collected, you can contact us:

by writing to us at:  
MCA Denver
ATTN: Marketing
1485 Delgany St.
Denver, CO 80211