Privacy Policy

PEN America Online Privacy Statement

Effective as of: December 14, 2012

The Pen American Center is an organization that cares about protecting your privacy, and we are particularly committed to protecting the personal information that you provide and entrust to us when using our website. This online privacy statement (the “Privacy Statement”) describes how we treat all user data collected by us during your visit to PEN America, both technical data that is automatically collected and voluntarily submitted data.

For purposes of this Privacy Statement, the PEN America Site is the website whose home page is www.pen.org, which is operated by PEN American Center, Inc. PEN operates other websites that don’t contain this domain name. This Privacy Statement does not apply to those websites (unless those websites specifically link to this Privacy Statement), including our general websites, www.reckoningwithtorture.org, www.readerprivacy.org, www.penworldvoices.org and the terms of the privacy statements for these other websites may differ from the terms of this Privacy Statement. Additionally, this is not the privacy statement for any blogs, forums or social networking sites where PEN has a presence. Further, this is not the privacy statement for any organization other than PEN, such as other US branches of PEN, PEN International, or branches of PEN international. To learn more about the differences between PEN Centers, visit their respective sites at pen-international.org and PEN.org.

We occasionally may update this Privacy Statement. We will post any changes on this web page, so be sure to check back periodically. If we do make material changes, we will post a notice on the PEN.org home page stating the Privacy Statement has been modified and will provide a link to the revised Privacy Statement. Any information that you submit after a change has been posted will be subject to the new provisions.

User Data We Collect

We collect two types of user data: (1) technical data that is automatically collected from all visitors to the PEN America Site (“Automatically Collected Data”); and (2) data that you voluntarily submit to us (described below under “Voluntarily Submitted Data”).

Automatically Collected Data. We automatically collect Internet Protocol (“IP”) addresses and domain names of the originating visitor’s computer on our server and may know some information you have previously provided through cookies. (See the section on Cookies below for more information.) We also may track the number and frequency of hits per page by IP addresses, but we will not associate any individual IP address with any other personally identifying information except to detect security intrusions or certain unlawful activity.

In addition, if you come to the PEN America Site from a website link, we may also identify the source of that link, so that we can evaluate what content is persuading web users to become involved in PEN America’s work.

Voluntarily Submitted Data
We may collect Voluntarily Submitted Data, including personal data, that you voluntarily provide, such as your name or postal address, phone number, e-mail address, and similar information, when you submit footage, comments, other content through the PEN America Site, sign up to receive information PEN, PEN’s programs, PEN World Voices Festival, PEN Advocacy Campaigns or take other voluntary action through the PEN America Site.

Cookies

We collect some data through the use of cookies. Cookies are alphanumeric identifiers that are transferred either to your computer’s hard drive (“Long-term Cookies”) or temporarily to your computer’s Random Access Memory (“Session Cookies”).

We use Long-term Cookies only when you select a “remember” option on the PEN America Site, for example the “remember my login” option offered when you log on to the PEN America Site, or the “remember me” option offered on a “Member Profile” page. If you select these options, a Long-term Cookie will be stored on your computer’s hard drive solely for the purpose of automatically filling in the remembered information, for example, automatically filling in your password on a log in-protected section of the PEN America Site. These “remember” options are offered only for your convenience and are completely voluntary. If you do not select a “remember” option, no Long-Term Cookie will be stored on your computer’s hard drive.

We use Session Cookies whenever you visit the PEN America Site to run the Site’s interactive applications, such as the “User Profile” page. Session Cookies last only as long as your session on the PEN America Site. They expire when the session ends and are not written onto your computer’s hard drive. We also use Session Cookies in e-mails containing the HTML-format. If you select “text-only” format preference, emails sent to you will not contain any Session Cookies.

How We Use The Data We Collect

In addition to the uses described above, we may use Automatically Collected Data to identify the source of user traffic (for example, umich.edu, or aol.com), but we will not tie this information to individual users in our database. We may use data on which sections of the PEN America Site are most visited, so that we can evaluate the popularity of our different web pages and continue to improve the PEN America Site. We will not link any Automatically Collected Data you provide to us except to detect security intrusions or certain unlawful activity.

We may use your Voluntarily Submitted Data for various purposes:

  • To fulfill the request for which you specifically provided the data, including sharing data with an intended recipient (e.g., delivering a petition you sign or a letter you wish to send to the recipient of the petition or letter);

  • To analyze actions taken through our website;

  • To periodically communicate with you concerning PEN America matters, such as delivering to you information and updates on our activities and action alerts, if you have not opted out of receiving such information and updates;

  • To indicate you as the author of any comment you post, including on any PEN America Site blog or forum, when you opt to identify yourself as the author or when posting such comment requires such identification, and to display any personally identifying or other information you voluntarily include in such comments.

  • To personalize the content that you see based on the activities and products that you have selected on the PEN America Site;

  • To allow you to set and change user preferences;

  • To offer you ways to learn about, support or participate in the activities of PEN America, if you have not opted out of receiving such communications;

  • To respond to an inquiry or feedback you have made to PEN America; and

  • To follow up with you with a communication specific to an activity you have participated in or intend to participate in.

The PEN America Site is hosted by servers in the United States. Accordingly, if you are located outside of the United States, the Voluntarily Submitted Data you provide to us will be transferred to the United States. By submitting your Voluntarily Submitted Data, you consent to its transfer and storage in the United States and its use in accordance with the purposes for which it was originally collected (see below regarding third-party sharing of Voluntarily Submitted Data from non-U.S. residents).

If you are a U.S. resident, we may also from time to time combine your Voluntarily Submitted Data with some publicly available data collected from third parties to improve our services to you and for our own internal marketing, communications, and fundraising purposes.

Third Parties

Third Party Sharing

We may disclose and use Voluntarily Submitted Data regardless of where you reside in special circumstances when it is necessary to enforce our User Agreement or this Privacy Statement, or when we, under what we hope to be extraordinary and infrequent circumstances, in good faith, truly believe that the law requires us to disclose your Voluntarily Submitted Data to third parties.

Except as described in this Privacy Statement, we will not share your Voluntarily Submitted Data with any third party unless we first notify you and offer you an appropriate choice to consent to such further use, for example, through an opt-out or opt-in request.

Third-Party Functionality

As discussed in the preceding section, to support certain functions carried out on the PEN America Site, we use third-party service providers. In limited instances with respect to specific optional functions on the PEN America Site, those third parties may have data collection, use or security procedures that differ from the practices outlined in this Privacy Statement and that may impact users of those optional functions. For example, a third-party service provider may support a specific web tool on the PEN America Site, such as a web game that appears within the PEN America Site, even though that tool is actually on the website of the third-party service provider. Any time a third-party service provider’s data collection, use or security practices differs from the data collection/use practices described in this Statement in a manner that would impact users of the PEN America Site, we will either describe on the pages of the PEN America Site where such optional functions appear the specific data collection, use or security practices of such third-party service provider that would apply if you elect to use those optional functions or we will provide a link to that third-party service provider’s privacy policy.

Children

We do not knowingly collect information from children under the age of 13.

Security

The Voluntarily Submitted Data we collect about you is stored on a secure, password protected server and only authorized personnel have access to your information. We use industry-standard encryption technologies with respect to the receipt and transfer of Voluntarily Submitted Data you submit to us on the PEN America Site and only authorized personnel have access to your information. Nevertheless, despite our best efforts, no transmission over the Internet and no data storage method can be guaranteed to be 100% secure.

Updating Your Data

To update your Voluntarily Submitted Data or to make corrections, you can do so by emailing info@pen.org.

Comments and Questions

If you have any questions, comments, or concerns about this Privacy Statement or our data collection practices or to request that we delete your Voluntarily Submitted Data, you can email us directly at info@pen.org.


User Agreement

Effective as of: December 14, 2012

Welcome to the PEN America web site (“PEN America Site”). This Site is run by Pen American Center, Inc (“PEN,” together with, “we” or “us” or “our”). For purposes of this Privacy Statement, the PEN America Site is the web site whose home page is www.pen.org, which is operated by PEN American Center. PEN operates other web sites that don’t contain this domain name. This Privacy Statement does not apply to those websites (unless those websites specifically link to this Privacy Statement), including www.reckoningwithtorture.org, penworldvoices.org, readerprivacy.org and the terms of the privacy statements for these other websites may differ from the terms of this Privacy Statement. Additionally, this is not the privacy statement for any blogs, forums or social networking sites where PEN has a presence that are on websites other than the PEN America Site. Further, this is not the privacy statement for any organization other than PEN, such as other US branches of PEN, PEN International, or branches of PEN international. To learn more about the differences between PEN Centers, visit pen-international.org.

Please read this User Agreement carefully. By using the PEN America Site, you agree to follow the rules set forth on these web pages. From time to time we may revise this User Agreement, including the PEN America Privacy Statement, so be sure to check these web pages occasionally. If we do make material changes, we will post a notice on our home page that the User Agreement has been modified and provide a link to the revised User Agreement. When you continue to use the PEN America Site after we post a change, it means you agree to the new rules.

The PEN American Center is engaged in the mission of defending free expression and advancing literature worldwide.

Privacy Statement & Information You Voluntarily Submit to the PEN America Site

Please review the PEN America Privacy Statement, which is part of this User Agreement and describes how we handle any personally identifying information about PEN America Site users, including information you voluntarily submit to us through the PEN America Site. By providing such information, you hereby acknowledge and agree to our treatment of such information as described in the PEN America Privacy Statement.

Copyright

PEN owns or licenses the copyright in all the materials on the PEN Site, including text, graphics, logos, button icons, audio clips, photographs, and software, and those rights are protected by United States and international copyright laws and other intellectual property laws (“PEN America Site Content”). To the extent your use of material on the RWT Site does not constitute “fair use” for which you do not need our permission, the following rules apply to use of the material:

Permitted Distribution

Unless the specific web page from which PEN America text materials is available indicates you may do so, you may NOT copy or distribute any text materials that appear on the PEN America Site in print or digital format. You may only use content found on the PEN America site for the following non-commercial purposes: research, teaching, private study, and activism within a local geographic area regarding civil liberties issues. You also may distribute PEN America Site Content that is not text materials if and only to the extent that the specific launching page from which that PEN America Site Content is accessible, and/or the PEN America Site Content itself, explicitly indicates that the PEN America Site Content may be distributed in a specified manner. Unless explicitly stated otherwise, all distributed copies must display the following copyright notice:

Reprinted with permission of the
The PEN American Center (http://www.pen.org).

Distribution Requiring Advance Written Permission.
You must obtain written permission in advance if you wish to reproduce PEN America Content or Videos in any manner that is not described as a permitted distribution in the section above. You can request this permission by sending us a fax at [(212) 334-2181] or an email at [info@pen.org] that contains the information listed below:

  • a complete description of the PEN America Site Content or Multimedia (audio, video, or photographs) requested, such as the URL of the web page that contains the PEN America Site Content or Multimedia, a description of the sections or paragraphs that will be distributed, and, where applicable, the title and date of the PEN America Site Content or Multimedia;

  • a description of the intended audience;

  • a description of the manner of distribution;

  • the length, retail price, and approximate size of first printing or circulation that will include the PEN America Site Content or Multimedia;

  • a description of the geographic scope of the distribution and the length of time for which rights are being requested. (Please note that PEN America grants only nonexclusive rights);

  • a reply fax number or email address and a phone number.

Information You Contribute to the PEN America Site

Some sections of the PEN America Site that permit you to post or submit material to or through the PEN America Site contain specific terms of use applicable to the posting or submission of such material. In such cases, by posting or submitting such material, you agree you have read, understand, agree to and accept such specific terms of use. If a section of the PEN America Site that permits you to post or submit material to or through the PEN America Site does not contain specific terms of use applicable to such posting or submission, the following terms apply: (i) you automatically grant to us an irrevocable, perpetual worldwide license to display such material on the PEN America Site, and (ii) you represent, warrant and covenant to us that those materials are original to you or you have obtained permissions, releases, rights or licenses, if any are required (including where use of that material does not constitute “fair use”), that you assume full responsibility for the posting of such material vis-á-vis third parties, including but not limited to make any payments to third parties with respect to displaying such third party material.

Trademark

THE PEN AMERICAN CENTER, PEN America, PEN, the PEN.org, PEN World Voices Festival, PEN logos and any other PEN trademarks on the PEN Site (collectively, “PEN Trademarks”) are trademarks of PEN, in the United States and other countries unless it is explicitly stated on the PEN America Site where a trademark appears that the trademark is the trademark of a third party (“Third-Party Trademarks”). To the extent your use of PEN Trademarks does not constitute “fair use” for which you do not need our permission, the following rules apply to use of the PEN trademarks:

You may not use the PEN Trademarks for any product or service that does not belong to PEN, as the case may be, or in any manner that is likely to cause confusion about whether PEN is the source, affiliated with, sponsor of or endorser of any product or service. In addition, you may not use the PEN Trademarks in any illegal manner.

Your ability to use a Third-Party Trademark that appears on the PEN America Site is limited to the manner, if any, in which the PEN America Site explicitly states on the page on which such Third-Party Trademark appears that such use in such manner is authorized by the third-party owner of that Third-Party Trademark (unless your use is permissible under the law (e.g., it is “fair use”) or the owner of such Third-Party Trademark has specifically granted you the right to such use in such manner).

Frames and Metatags

You may not frame the content of the PEN America Site. You may not use metatags or any other “hidden text” that incorporates PEN Trademarks without express written consent.

Links to Other Websites

The PEN America Site contains links to other websites that we think may be of interest to you. We are not responsible for and have no control over these other sites or their content. Remember that when you link to another site, that other site is governed by its own user agreement and privacy statement, which you should be sure to read.

Disclaimers and Limitation of Liability

ALTHOUGH WE TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO THE PEN AMERICA SITE, WE DO NOT GUARANTEE OR WARRANT THAT THE PEN AMERICA SITE OR MATERIALS THAT MAY BE DOWNLOADED FROM THE PEN AMERICA SITE ARE FREE FROM SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.

WE ARE NOT LIABLE FOR ANY CLAIM, LOSS OR INJURY BASED ON ERRORS, OMISSIONS, INTERRUPTIONS OR OTHER INACCURACIES IN THE PEN AMERICA SITE, NOR FOR ANY CLAIM, LOSS OR INJURY THAT RESULTS FROM YOUR USE OF THE PEN AMERICA SITE OR YOUR BREACH OF ANY PROVISION OF THIS USER AGREEMENT.

Termination

We reserve the right to terminate the PEN America Site and this User Agreement at any time without notice for any reason, including, in the case of the User Agreement, for your violation of any of its provisions. The Limitation of Liability and Governing Law Sections of this User Agreement survive any such termination.

Governing Law

This User Agreement is governed by the laws of the State of New York applicable to contracts made and performed there without regard to its conflicts of law principles. You agree to submit to the exclusive jurisdiction of the state and federal courts in the State and County of New York and waive any jurisdictional, venue or inconvenient forum objections to such courts.