Terms of Use

Effective/Updated as of October 9, 2019.

Introduction

The New York State Society of Certified Public Accountants, including the Foundation for Accounting Education, the Moynihan Scholarship Fund, CPA PAC, and its affiliates (collectively, “NYSSCPA,” “us,” or “we”) offers this website or any other websites under our operation and control (collectively, the “Site”) to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”).

The content available on nysscpa.org is intended to be used by residents of the United States, only.

The Site is available only to individuals and entities that can form legally binding contracts under applicable law. Without limiting the foregoing, the Site and the services offered by the Site are not available to minors. By using, viewing, transmitting, caching, storing and/or otherwise utilizing the Site, you have agreed to, and are legally bound by, the terms. If you do not agree to the terms, cease using the site immediately.


Modification of These Terms

We reserve the right in our sole discretion to change, modify, add, or remove the terms, conditions, and notices under which the Site is offered. It is your responsibility to check periodically for any changes we may make to these Terms. Your continued use of this Site following the effective date of changes to these Terms or other policies means you accept and consent to the changes.


No Unlawful or Prohibited Use

As a condition of your use of the Site, you warrant to us that you will not use the Site for any purpose that is unlawful or prohibited by these Terms, conditions, and notices. You will comply with all applicable laws, including but not limited to, privacy laws, intellectual property laws, export control laws, regulatory requirements, etc. You will use the Site in a professional manner, and you may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Site.

You will not use any robot, spider, other automatic device, or manual process to monitor or copy the Site or the contents or information contained therein without our prior express written consent. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted through the Site. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for any information in which you have an ownership interest) from the Site without our prior express written consent or the appropriate third party.

The information you provide to us (i) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; and (ii) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.

If applicable, you may not permit anyone other than yourself to use your username or password to gain access to the Site. You will take reasonable steps to maintain the privacy of your username and password and to prevent unauthorized access to or disclosure of your username and password. You are entirely responsible for maintaining the confidentiality of your password and account and for all activities that occur under your account.

In the event you gain access to information or material not intended to be accessed by you, you agree that you will immediately notify us and destroy all copies of such information in your possession and not forward such information to any third-parties. For this notice we may be contacted at

dataprivacy@nysscpa.org

NYSSCPA
14 Wall Street, 19th Floor, New York, NY 10005
(212) 719-8300


Email Communications

Email communication is not secure and there is no guarantee that an email will be delivered within a reasonable time, or at all. We advise you to contact us by telephone with any information that must reach us by certain deadlines.


Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or within a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Site or another’s computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

Note that we have no obligation to monitor the Communication Services. However, we reserve the right in our sole discretion to review all activity and materials related to the Communication Services and to stop activity and remove any materials at any time, for any reason, without notice to you. We also reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Further, we reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion. We shall not be liable to you for any loss you may incur as a result of our taking any action relating to removal, editing or disclosure to regulatory bodies or law enforcement, nor for the actions or inactions of other users, including anything contained in your or any third party’s Contributions. You agree to indemnify us for any cost, expenses, damages or liabilities we incur due to your use of the Sites or otherwise relating to any of your Contributions.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. The Company does not control or endorse the content, messages or information found in any Communication Service and, therefore, the Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Company spokespersons, and their views do not necessarily reflect those of the Company.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.


Information Provided to the Company or Posted at Any Company Web Site

Other than personal information that you may submit in order to submit an employment application through the Site, we do not claim ownership of the materials or information you provide to us (including feedback and suggestions) or post, upload, input or submit to any Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting us, our affiliated companies and necessary sub licensees permission to use your Submission in connection with the operation of the Site and its businesses including, without limitation, the rights to: utilize, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission, except to the extent prohibited by law. None of the Submissions shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, we shall be entitled to unrestricted use of the Submissions for any purpose without compensation to the provider of the Submissions. All personal information provided to this Site will be handled in accordance with the Site’s online Privacy Policy the terms of which are incorporated into the Terms.

We are under no obligation to post or use any Submission you may provide and may in our sole discretion remove any Submission at any time, for any reason, without notice to you.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

In the course of using the Site, you may submit your personal data and/or the personal data of others. It is your responsibility to ensure this information is accurate and up-to-date.


Links To Third Party Sites

The Site may contain links to other web sites (“Linked Sites”). The Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. By providing these links, we do not endorse, sponsor or recommend such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any other site. We are not responsible for webcasting or any other form of transmission received from any Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the site or any association with its operators. We reserve the right to disable links from any third party sites to the Site.

Please exercise discretion while browsing the Internet and using the Site. You should be aware that when you are using the Site, you could be directed to other sites that are beyond our control. There are links to other sites from the Site pages that take you outside of the Site. For example, if you “click” on a banner advertisement or a search result, the “click” may take you off the Site. This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Site may send cookies to users that we do not control.

We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the Site or third party content on the Site. We have not taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against with respect to such sites and third party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.


Disclaimers and Limitation of Liability

The Site and the materials located on or through the Site are provided by us for informational purposes only, with the understanding that we are by the provision of these materials not engaged in the rendering of legal, financial, or other professional advice or service. The information or materials contained in or through the Site are based upon sources believed to be accurate and reliable; and we have exercised reasonable care to assure the accuracy of the information. However, we make no representation or warranty as to the accuracy, completeness or timeliness of the information or materials. The information and material on this Site should not be relied upon or used as a basis for making significant decisions without consulting primary or more accurate, more complete or timelier sources of information. Any reliance on the information or material on this Site is at your own risk. Advice received via the site should not be relied upon for personal, professional, career, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

The information, software, products, and services included in or available through the site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. We may make improvements and/or changes in the site at any time. We make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the site for any purpose.

To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind.

To the maximum extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, noninfringement, design, accuracy, capability, sufficiency, suitability, capacity, completeness, availability, compatibility or arising from course of dealing or course of performance.

To the maximum extent permitted by applicable law, in no event shall the company and/or its suppliers or third-party content providers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for errors, omissions, interruptions, defects, delays, computer viruses, loss of use, data or profits, unauthorized access to and alteration of your transmissions and data, and other tangible and intangible losses, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide services, or from any actions we take or fail to take as a result of email messages or other communications you send us, or for any information, software, products, services and related graphics obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if the company or any of its suppliers has been advised of the possibility of damages.

Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the site.


Electronic Communications Privacy Act Notice (18 U.S.C. 2701-2711)

We make no guaranty of confidentiality or privacy of any communication or information transmitted on the site or any web site linked to the site. We will not be liable for the privacy of the information, e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content transmitted over networks accessed by the site, or otherwise connected with your use of the site.


Satisfaction With Products or Services

We cannot ensure that you will be satisfied with any products or services that you purchase from the Site. In the event we are held liable for any damages related to the matters outlined above, your sole and exclusive remedy will be limited to reimbursement for services or products paid for by you to us. You hereby waive any and all rights to bring any claim or action related to such matters in any forum beyond one (1) year after the first occurrence of the kind of act, event, condition or omission upon which the claim or action is based.


Right to Refuse Service

We may prohibit you from participating in or utilizing the Site if in our sole and absolute discretion you show a disregard for the Terms or act in an unacceptable manner, with the intent to annoy, abuse, threaten, or harass any other person, or in any other disruptive manner. We also reserve the right to refuse service, terminate accounts, remove or edit content or cancel orders in our sole and absolute discretion.


Suspension of Site

If for any reason any portion of the Site is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond our reasonable control which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Site, we reserve the right (but not the obligation) in our sole and absolute discretion, to prohibit you and any other individual or entity from using the Site, and to cancel, terminate, modify or suspend the Site or any portion thereof and void such information.


Limitation on Liability

You also agree that we are not responsible or liable in any way for injury, loss or damage to your computer or interception or use of credit card information, related to or resulting from use of the Site or any sites, services or materials linked or related thereto or therefrom and also are not responsible or liable in any way for any injury, loss, claim or damage relating to or resulting from any part of the Site operating or not operating on computers or networks used by you or communicating with such computers or networks.


Third Party Offerings

To the extent we list or link to third party products or services, our Site acts as the venue for suppliers to sell products and services (or, as appropriate, solicit offers to buy) and buyers to purchase such products and services. We are not involved in the actual transaction between buyers and suppliers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of suppliers to sell items or the ability of buyers to buy items. We cannot ensure that a buyer or supplier will actually complete a transaction.


Information Provided by Other Users

We do not control the information provided by other users which is made available through the Site. You may find other user’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site. Please note that there are also risks of dealing with people acting under false pretense.

Although we intend that product descriptions contained in the Site be current and accurate, we make no warranty or representation that descriptions of products in the Site are accurate, complete, current, or reliable in any or all respects. In the event that a product described in the Site is not as described, your sole remedy is to return it in unused condition in accordance with the suppliers’ return policy.


Technical Inaccuracies

The Site may contain technical inaccuracies or typographical errors or omissions. We are not responsible for any typographical, photographic, technical or pricing errors listed on our Site. We reserve the right to make changes, corrections and/or improvements to the Site, and to the products and programs described in such information, at any time without notice as described above in Modification of These Terms.


Right to Modify

We reserve the right to cancel or modify purchases or order for services when we reasonably believe that a customer has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the purchases or reservations contain or resulted from a mistake or error.


Availability of Products Outside the United States

The products and/or services described in and available through the Site may not be available in your country. We make no representation that the services or products offered in the Site are appropriate or available for use in any particular location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If use of the Site and/or viewing or use of any material or content therein or services offered thereby violates or infringes any applicable law in your jurisdiction(s), you are not authorized to view or use the Site and must exit immediately. Your viewing and/or use of the Site constitutes your representation that you are unconditionally and without limitation permitted to view and use the Site and the Indemnified the Company and its affiliates, and their owners, partners, franchisees, subsidiaries, officers, each of such person’s or entities’ directors, employees, contractors, agents, licensors and suppliers (collectively, the “Indemnified Parties”). Parties may rely upon such representation. The Site is operated from the United States and it is possible that some software from the Site or the products and services offered on the Site may be subject to United States export controls. Products and services described on the Site and software downloaded or otherwise exported or re-exported from the Site are not intended for sale, download or export (i) into (or to a national or resident of any country that is subject to a U.S. or U.N. embargo or sanction or to anyone on the US Treasury Department’s list of Specially Designated Nationals or anyone subject to the same or similar restrictions even if not listed or the US Commerce Department’s Table of Deny Orders. In downloading or using the software, products or services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any of the above restricted lists or subject to such restrictions.


Copyright/DMCA Notices

All materials contained in the Site are copyrighted property of the Company or its subsidiaries or affiliated companies and/or third party licensors. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. For purposes of these terms, the use of any such material on any other Web, Internet, intranet, extranet or other site or computer environment is prohibited. All trademarks, service marks, trade names and trade dress are proprietary to us. You may not frame or utilize framing techniques to enclose any of our trademarks, logos, or other proprietary information (including images, text, page layout, or form) without our prior express written consent. You may not use any meta tags or any other “hidden text” utilizing our name, trademarks or other proprietary information without our prior express written consent. We consider our copyrights and trademarks to be valuable assets, and take infringement of them seriously.

We comply with the applicable provisions of the Digital Millennium Copyright Act (DMCA). If you have a concern regarding the use of copyrighted material on the Site, please send a notice to the agent designated below and following the instructions that follow.

Designated Agent:
Timothy H. Twofoot Boulette
General Counsel
New York State Society of Certified
Public Accountants
14 Wall St., 19th Floor
New York, New York 10005
ttwofootboulette@nysscpa.org
(212) 719-8361

Your notice must comply with the applicable provisions of the DMCA.

In addition to submitting the notice in writing (written letter or email), the notice must contain the following:

  • A physical or electronic signature of the copyright holder or a person authorized to act on his or her behalf;
  • A description of the copyrighted work claimed to have been infringed and multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • A description of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Indemnification

You agree to indemnify, defend and hold harmless Indemnified Parties, from and against any and all allegations, demands, claims, liabilities, damages, fines, losses, expenses, penalties or costs of whatsoever nature, including reasonable attorneys’ fees and court costs, and whether by reason of death of or injury to any person or loss of or damage to any property or otherwise (“Claims”) arising or resulting in any way from any violation of these Terms, the services or products provided to you as part of the Site or any related act or failure to act by you and whether or not occasioned or contributed to by the negligence of the Company or any agent or employee of the Indemnified Parties or any of them (except as and to the extent prohibited by applicable law) or Claims arising from your account, including, without limitation, any Claims related to infringement by you of the intellectual property rights of any person, including without limitation, copyright, patent, trade secret, trade mark, artist rights, droit moral, privacy, publicity or rights under other intellectual property laws. Without limiting the foregoing, if you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. In the event that any Claim is made or any action or proceeding is brought against the Indemnified Parties, or any of them, arising out of or connected with the Terms, any such Indemnified Party may, by reasonable notice to you, require you, at your expense, to resist such Claim or take over the defense of any such action or proceeding and employ counsel for such purpose, such counsel to be subject to the prior written approval of such Indemnified Party, which approval shall be deemed to have been given hereby in the case of counsel acting for your insurance underwriters engaged in such resistance or defense. You shall cooperate with us in the defense of any Claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you


Termination/Access Restriction

We reserve the right, in our sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, for any reason, without notice to you.

Access to parts of the Sites are restricted to authorized persons. If you believe you have been granted access to any document or file by mistake, please exit the restricted section immediately and contact us as soon as possible.

Parts of the Sites incorporate encryption technology but even if there is encryption technology in place we cannot guarantee that unauthorized individuals will not be able to access confidential information hosted on or downloaded from the Sites.

The documents and files hosted on restricted parts of the Sites are confidential. You must not distribute the documents and files hosted in these areas except to persons authorized to read them. If you believe that you may have been granted access to a document or file by mistake you must not download it, copy it, use it for any purpose or disclose its contents to any other person.


Governing Law

To the maximum extent permitted by law, these Terms are governed by the laws of the State of New York and you hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the Site. You also agree that any action at law or in equity arising out of or relating to the Terms shall be filed only in the United States District Court for the Southern District of New York, if there is no federal jurisdiction over the action, in the courts of the State of New York located in New York County, New York. You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.


General Terms

The following general terms apply to you and your use of the Site:

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or use of the Site.

Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use.

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.

Unless otherwise specified herein or agreed to by the user, these Terms constitute the entire agreement between the user and the Company with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.


Electronic Signature

You represent and warrant that you have the legal right, power and authority to agree to the Terms on behalf of yourself and the member, buyer or supplier participating in the Site. You further agree that your use constitutes an electronic signature as defined by the Electronic Signatures in Global and National Commerce Act (“E-Sign”) and the Uniform Electronic Transactions Act (“UETA”) and that you have formed, executed, entered into, accepted the terms of and otherwise authenticated the Terms and acknowledged and agreed that there Terms is an electronic record for purposes of E-Sign, UETA and the Uniform Computer Information Transactions Act and as such is completely valid, has legal effect, is enforceable, and is binding on, and non-refutable by you and the member, buyer or supplier on whose behalf you are acting.


Software

The software that runs the Site is owned by us and/or our licensors. Except to the extent expressly permitted by applicable laws, you must not copy, modify, download, distribute or de-compile that software without our consent.

You may download material displayed on the Site for non-commercial, personal use provided you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, repost or use the content of the Sites for public or commercial purposes, including the text and images, without written permission. For information on how to obtain permission, scroll down to “Copyright Permission.”

Except as expressly permitted by applicable law and by the preceding paragraph, you may not copy (except to the extent required in order to use the Sites in accordance with these Terms), store in any medium (including in any other websites), distribute, transmit, re-transmit, broadcast, modify, or show in public any part of the Sites or systematically extract material from the Sites or any document available through the Sites or in any other way exploit commercially all or any part of the Sites or any document available through the Sites without our prior written permission.


Export Controls

Software from the Sites is further subject to United States and European Union Export Controls. Software from the Sites may not be downloaded or exported (i) into (or to a national or resident of) North Korea, Iran, Syria, or any other country to which the United States and/or the European Union has embargoed goods; or (ii) to anyone on the United States Treasury Departments list of Specially Designated Nationals or the U.S. Commerce Departments Table of Deny Orders. By downloading or using the software or purchasing products or services from the Sites, you represent that you are not located in, under the control of, or a national or resident of any such country or on any such list.


Copyright and Trademark Notices

The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of the administrator(s) of the Site and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Sites without our written permission or the permission of such third party that may own the Trademarks displayed on the Sites. All contents of the Site are: Copyright 2019 New York State Society of Certified Public Accountants, All rights reserved. Any rights not expressly granted herein are reserved.


Copyright Requests

Permission requests may be sent to:

New York State Society of Certified Public Accountants
Legal Department
14 Wall Street, 19th Floor
New York, NY 10005
Email: legal@nysscpa.org


How to Contact Us

If you have any questions regarding this Policy, your privacy, or our policies in the event of a compromise of your information, you may contact us at:

dataprivacy@nysscpa.org

NYSSCPA
14 Wall Street, 19th Floor, New York, NY 10005
(212) 719-8300


Privacy Policy

Effective/Updated as of October 9, 2019.

The New York State Society of Certified Public Accountants, including the Foundation for Accounting Education, Moynihan Scholarship Fund, CPA PAC and its affiliates (collectively, “NYSSCPA,” “us,” or “we”) is/are committed to protecting the privacy of certain data that is collected from you and that you submit when you access this website or websites, apps, or other online media under our operation and control (collectively, the “Site”).

This Privacy Policy (“Policy”) describes our policies and practices regarding the collection, use and disclosure of information you submit or we obtain in connection with your use of this Site. This Privacy Policy governs your use of this Site and by accessing or visiting the Site you are indicating your understanding that the collection, use, and sharing of your information is subject to this Privacy (which includes our Cookie Policy. Please read this Policy carefully before using the Site or submitting information to us.


Changes to this Policy

We reserve the right to change this Policy at any time. In the event we make material changes to the Policy, we will provide notice through the Site. Changes will be effective immediately upon posting to the Site and will apply to your use of the Site after the “effective date” listed above. You understand and agree that your continued use of the Site after the effective date, means that the collection, use, and sharing of your information is subject to the updated Policy.

Except to the extent we receive your authorization or as permitted or required by applicable law, we will handle your data in accordance with the terms of the Policy in effect at the time of the collection.


Contact Us

If you have any questions regarding this Policy, your privacy, or our policies in the event of a compromise of your information, you may contact us at:

dataprivacy@nysscpa.org

NYSSCPA
14 Wall Street, 19th Floor, New York, NY 10005
(212) 719-8300

 

Information We Collect

As you are probably aware, we may collect information from a variety of sources to operate the Site, carry out our business, comply with law and other purposes described herein.

Information You Provide.

When you contact us or report a problem on our Site, you may provide :

  • Your name
  • Email Address
  • Address
  • Phone number
  • Financial information and/or credit card information.
  • Other related information as needed

When you apply for an internship, sign up to become a mentor, or to access our Media Planner, you may provide:

  • Your name
  • Email Address
  • Address or country
  • Phone Number
  • Employment information
  • Information related to business or professional activities
  • Other related information as needed

When you participate in discussion boards, open forum, surveys, social media, communication services, sign up for Advocacy, or participate in Live Chat on our Site, you may provide:

  • Your name
  • Email Address
  • Address
  • Phone number
  • Other information you choose to provide

When you register for membership, pay dues, sign up for training, events or seminars, rent space, or donate to a PAC, you may provide:

  • Your name
  • Email Address
  • Address
  • Phone number
  • Age
  • Employment information
  • Year of admission/certification
  • Government identification numbers/Licensing ID
  • Financial information, credit, or debit card information.
  • Educational experience
  • Other membership related information

When you create a user account with us, you may provide:

  • Your name
  • Email Address
  • Password
  • Address
  • Phone number
  • Other related information as needed

When you apply for certification in certain programs, you may provide:

  • Your name
  • Email Address
  • Address
  • Phone number
  • Other related information as needed

When you upload documents or complete forms on the Site, such as a resume or application, we may collect the information contained in those documents/forms.

When you participate in the adjudication of an ethics or disciplinary program relating to a complaint, you may provide:

  • Your name
  • Email Address
  • Address
  • Phone number
  • Employment information
  • Year of admission/certification
  • Government identification numbers/Licensing ID
  • Other related information as needed

When you buy or receive products, services, subscriptions, etc., you may provide:

  • Your name
  • Email Address
  • Address
  • Phone number
  • Employment Information
  • Government identification numbers/Licensing ID
  • Payment information (e.g. your payment card number, authentication information and other billing and account details)
  • Marketing and communication preferences
  • Other related information as needed

You do not have to provide the above information to access or use the other sections of the Site. At no time will we ask you to provide sensitive data (e.g., race, ethnicity, political opinions, religious/philosophical beliefs, trade union membership, physical/mental health, sexual orientation, or criminal record) in connection with your use of the Site.


Information From Third Parties

We may collect information about you from third parties such as from your employer, through your social media services consistent with your settings on such services, from other third-party sources that are lawfully entitled to share your data with us, including from publicly available and third-party databases or services that provide information about business people that we believe will help us identify provide products and services that may be of interest to you. We use and share this information (and may add it to the other information we have on file for you) for the purposes described in this Policy. We will obtain your consent, however, before contacting you, if required by the law of the country in which you are located.

 

Information On Your Use

If logged in to a user account, we may collect information about and log your visits and use of the Site. This includes, for example, when you view or click on embedded content or ads. We also use cookies and internet protocol (“IP”) addresses to identify you and log your use of the Site


Statistical Data

To monitor utilization of the Site and continuously improve its quality, we may compile statistical information concerning the usage of the Site using analytics services, such as those provide by Google Analytics. Examples of this information would include: the number of visitors to the Site, or to sections or pages within the Site, patterns of traffic flowing through the Site, length of time spent on the Site, or in sections or pages of the Site, the other sites that refer visitors to the Site, the pages of the Site that visitors frequently use as entry and exit points, utilization of the browser and operating systems and versions used by visitors to the Site, methods used to browse away from the page, any phone number used to call our customer service number, and location information. The analytics services may transfer this information to third parties in case of a legal obligation or if a third party processes data on behalf of that service. To compile this information, we may collect and store:

  • Your IP address
  • Your operating system and platform
  • Your browser type and version
  • Time zone setting
  • Browser plug-in types and versions
  • The pages you visit within the Site
  • Data provider
  • The length of time you spend on pages within the Site
  • The site from which you linked to ours
  • Search terms you used in search engines which resulted in you linking to the Site, etc.

While all of this information can be associated with the IP address your computer had while you visited the Site, it will not be associated with you as an individual, or associated with any other information you may submit through the Site, or that we may store about you for any other purposes. We may use this information to generate aggregate statistics about visitors to our Site. Please check your web browser if you want to learn what information your browser sends or how to change your settings.

 

Cookies and Similar Technology

As detailed within our Cookie Policy we may use technologies such as cookies, pixel tags, browser analysis tools, server logs and web beacons to recognize you when you return to the Site and to help us improve the quality of our service when you visit our Site. We may also use cookies to tailor our products, services and advertising to suit your personal interests, estimate our audience size, track visits to and sales at our Site and, as applicable, to process your order, and track your status in our promotions, contests and sweepstakes. We do not link your URL or IP address to any personal information unless you have logged into our Site with an established user account.

We may allow third parties to use cookies as described in our Cookie Policy.

You may control cookies, including preventing or stopping the installation and storage of cookies, through your browser settings and other tools. If you do so, our Site may not function correctly. Please refer to the Help feature of your browser for information on disabling cookies.

IMPORTANT: By using the Site, you consent to the processing of any personal data for the analytics purposes and functions described above.


How We Use Your Data

In general, we will use the information we collect about you only for the purpose it was collected, for compatible purposes, as permitted or required by law, as necessary to carry out our contractual duties and obligations, and as otherwise provided in this Policy. For example, we may use your data in the following ways:

  • To carry out our obligations arising from your membership, or any contract we may enter into with you.
  • For listing in the membership directory or as part of a NYSSCPA committee
  • To provide you with the information, products, membership services, and opportunities that you request from us or express interest in.
  • To notify you about changes to our membership services.
  • To organize the events that you have purchased or registered for, and to provide you with information, and other materials, relating to the content of the event, the speakers, sponsors and other attendees.
  • To process your payments for purchases and services, dues, and donations.
  • To provide our magazines, newspaper, and other publications.
  • To communicate with you, including sending messages about the availability of our Site, security, or other service-related issues. (You may change your communication preferences at any time. Please be aware that you cannot opt-out of receiving service messages from us, including security and legal notices.)
  • To manage your user account.
  • For our research and development efforts. We may use data, including public feedback, to conduct research and for the development of the Site and the services and products we provide to you.
  • For other everyday business purposes such as payment processing and financial account management, product development, contract management, IT and website administration and security, fulfillment, analytics, fraud prevention, corporate governance, reporting and legal compliance.
  • To ensure that content from our Site is presented most effectively to you and your computer.
  • To provide you, or permit selected third parties to provide you, with information about events, products and services we offer that are similar to those that you have already purchased, provided you have not opted-out of receiving that information. For example, to send you newsletters and promotions using any communications preferences you have expressed. We may provide these communications via email, postal mail, online advertising, social media, telephone, text message (including SMS and MMS), push notifications, in-app messaging, and other means.
  • To provide you with our Media Planner on request.
  • To ensure your information is accurate and to personalize our products and services. For example, we may aggregate your personal information with data from third-party sources for purposes of keeping information up to date. We also rely on information from third parties in order to provide better, more personalized service. If you connect your social media services or other accounts to our services, we may use this information to make your experiences with us more personal and social, or share and use it as described elsewhere in this Policy.
  • For advertising. We may show you ads on the Site using data from advertising technologies on the Site such as web beacons, pixels, ad tags, cookies, device identifiers; or Information from advertising partners.
  • To measure or understand the effectiveness of advertising that we provide to you and others, and to deliver relevant advertising to you.

We may share your personal data with third-party advertisers for their advertising. Note if you view or click on an ad on the Site, the ad provider may get a signal that someone visited the page that displayed the ad, and they may determine it is you through the use of cookies or similar technologies.


Disclosure of Information

In general, we will not disclose your data except with your consent and as described in this Policy. We may disclose your data for the same reasons that we may use it as described in this Policy, which includes disclosing it to our affiliates and non-affiliated third parties, as we deem necessary to carry out those purposes.

  • Third Party Vendors. We may need to use or disclose this information with a member of our group partners or third party vendors:
    • With your consent or as you direct;
    • To manage the Site;
    • To improve and optimize our Site.
    • For the performance of obligations arising from your membership, or any other contract we enter into with them or you;
    • To process payments and requests for products and services;
    • To provide you with products, services, or offers;
    • To engage in marketing activities, such as sharing personal information with our partners to deliver advertisements to our shared customers;
    • To enhance our services by, among other methods, obtaining assistance with providing more personalized membership services to you through analytics and other technologies (including, but not limited to, data storage, maintenance services, database management, web analytics and payment processing);
    • To protect our interests and legal rights, such as through responding to subpoenas and defending litigation; and
    • To protect against and prevent fraud, illegal activity (such as identifying and responding to incidents of hacking or misuse of our websites and mobile applications), and claims and other liabilities.

We endeavor to choose affiliates and non-affiliates with similar standards to ours regarding the protection of data.

  • Legal Process, Security, Defense, Protection. It is possible that we will need to disclose information about you if required by law, subpoena, or other legal process.
  • Additional disclosures. We may disclose information about you if we have a good faith belief that disclosure is reasonably necessary to:
    • demonstrate our relationship with you;
    • investigate, prevent, or take action regarding suspected or actual illegal activities or to assist law enforcement agencies;
    • protect the security or integrity of the Site;
    • investigate and defend ourselves against any third-party allegations or claims; or
    • protect the rights and safety of others.
  • Change in Control or Sale. We can share, sell, assign, or license your personal data in connection with certain business transactions, such as a sale, acquisitions, merger, or change in control, or in preparation for any of these events. In such cases, we will take appropriate steps under the circumstances and to the extent possible to ensure that the recipient agrees to provide privacy protections substantially similar to those established by this Policy. Any entity that acquires all or substantially all of the Company’s assets will have the right to continue using your data consistent with this Policy or as otherwise agreed to by you.

In no case will we sell or license your data to third parties, except as set forth above or as required or permitted by law.


Safeguarding of Information

No system for safeguarding personal or other information is 100% secure and even though we have taken steps to protect your personal information from being intercepted, accessed, used or disclosed by unauthorized persons, we cannot fully eliminate security risks associated with personal information. However, we take a number of steps to safeguard the security of personal information obtained through the Site. For example, we have has implemented a security program that contains administrative, technical and physical controls that are designed to reasonably safeguard your data from unlawful use, unauthorized access or disclosure. There is no guarantee that data may not be accessed, disclosed, altered, or destroyed by breach of any of our administrative, physical, or technical safeguards. Additionally, we use Secure Socket Layer (SSL) data encryption when data is transmitted over the Internet to our Site.


Do Not Track

“Do Not Track” is a privacy preference that you can set in your Internet search browser that sends a signal to a website that you do not want the website operator to track certain browsing information about you. However, because our Site is not configured to detect Do Not Track signals from a user’s computer, we are unable to respond to Do Not Track requests.


Modifying Your Personal Information

You may contact us at dataprivacy@nysscpa.org to:

  • Update or correct your personal information on the Site; or
  • Delete information from our records, subject to certain limitations.

Your Choices Regarding Your Personal Information

You can always limit the information you provide to us, but if you choose not to provide certain requested information, you may be unable to access some of the services, offers, and content on the Site.

You may unsubscribe from any of our newsletters or other communications for which you have registered and opt out of receiving future marketing communications by following the instructions in the email to opt-out or clicking on the unsubscribe link within any email communication that you receive, by visiting your NYSSCPA Profile, or by sending a message to us at dataprivacy@nysscpa.org.

If you opt out of receiving communications from the NYSSCPA or its affiliates, you will receive no notification on the group’s products or services. If you register for a product or service, you will be re-subscribed to email and hard copy communications. To unsubscribe, you may follow the methods noted above.

If you wish to cancel your account or request that we no longer use your information to provide you with service, contact us at dataprivacy@nysscpa.org. We will retain and use your information as necessary in order to comply with our legal obligations, resolve disputes and enforce our agreements.


Links to Third Parties’ Sites

We may provide links to websites or resources outside of our Site for your informational purposes only. You acknowledge and agree we are not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, goods, services or other materials on, available through or provided by such sites or resources. We are not responsible for the privacy or other practices of such sites and cannot guarantee the security of any of your personal information that you provide or is collected by such sites. We encourage you to review the privacy policies and terms and conditions on those linked sites.


Information of Children

The Site is not directed to children as the products and services on this Site are intended for persons 13 years of age and older. The Company does not knowingly collect, use or disclose any personal information from children. If we learn that Personal Data of persons less than 13 years-of-age has been collected through our Site, we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child or a minor under the age of 13 has posted, submitted or otherwise communicated Personal Data to our Site without your consent, then you may alert us at memberservices@nysscpa.org so that we may take appropriate action to remove the minor’s Personal Data from our systems. You may also use web-filtering technology to supervise or limit access to the Site.


Where We Store Your Personal Data

We generally store the Personal Data that you provide to us on servers located in the United States. If you are located in another jurisdiction, you should be aware that once your Personal Data is submitted through our Site, it will be transferred to our servers in the United States which may not have similar data protection laws to the country in which you reside.


Applicable Law

This Policy is governed by the internal substantive laws of New York, without regard to its conflict of laws principles. Jurisdiction for any claims arising under or out of this Privacy Policy shall lie exclusively with the state and federal courts within New York. If any provision of this Policy is found to be invalid by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Policy, which shall remain in full force and effect.

CALIFORNIA RESIDENTS. If you are a California resident, please read the following:

  • California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by certain members of the Company to third parties for the third parties’ direct marketing purposes. Requests may be made one time per calendar year. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g., requests made in 2018 will receive information regarding 2017 sharing activities). You may submit your request using the contact information at the end of this Policy.
  • If you are a California resident under the age of 18, and a registered user of any site where this policy is posted, California law permits you to request and obtain removal of content or information you have publicly posted. You may submit your request using the contact information at the end of this Policy. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested.

If you have any questions concerning our privacy practices, please contact us at

dataprivacy@nysscpa.org or
NYSSCPA
14 Wall Street, 19th Floor, New York, NY 10005
(212) 719-8300


Cookie Policy

Effective/Updated as of October 9, 2019.

This website or websites, under our operation and control (collectively, the “Site”) use cookies. This Policy describes the cookies we use on this Site, the purposes for using them, and your rights.

This Policy does not create a contract, legal rights, or obligations between the Site user and NYSSCPA. We reserve the right to change this Cookie Policy at any time. Changes will be effective immediately upon posting to the Site and will apply to your use of the Site after the “effective date” listed above.


Cookies

Cookies are small text files that are downloaded onto your device when you visit certain websites. These text files enable certain features and functionality, including recognizing your device. As described in our Privacy Policy, we use cookies and tracking technologies on our Site for a variety of reasons. We only disclose information collected by cookies to third parties on an aggregated basis, without the use of any information that personally identifies you.


First and Third Party Cookies

First party cookies are cookies that we may place on your device. Third party cookies are cookies that third-parties may place on your device. In certain cases, we may permit third parties to place and access cookies on your device, as described below.


Essential and Non-essential Cookies

Essential cookies perform activities that are strictly necessary to help our Site function or help with the transmission of a communication. Non-essential cookies perform activities that are not strictly necessary to help site functionality and include functionality/personalization cookies, performance and analytics cookies, and advertising and targeting cookies.


We may use the following cookies on our Site:

Strictly Necessary Cookies: These essential cookies perform activities that are strictly necessary to help our Site function, or help with the transmission of a communication, and do not store personal data. Essential cookies help identify you when you sign in, remember the information you put in an online form, enable you to navigate around our Site and use its features, fill shopping baskets, e-bill, or provide you with services you have requested. If you block these cookies, they may affect the functionality and use of our Site during your visit.

Functionality/Personalization Cookies: These cookies help save information that you have entered so that the Site can recognize you, remember your username, remember your choices such as font size, color, and language preference or region, and customize or personalize Site content for you when you return. The information these cookies collect may be anonymized. They cannot track your browsing activity on other sites. Some of these cookies may be set by third parties and you should refer to their website privacy policy for additional information. If you block these cookies, they may affect the functionality and use of our Site during your visit.

Performance and Analytics Cookies: These cookies gather information about how you use our Site. Analytics cookies allow us to track traffic patterns on the site, but in no personally identifiable way and without using personal data, so we can optimize our web development and content efforts to better meet your needs. Some of these cookies may be set by third parties and you should refer to their website privacy policy for additional information.

Advertising and Targeting Cookies: These cookies help us provide relevant advertising to you, measure its effectiveness, or limit the number of times you have seen it. They record your visit to our Site, including the links you follow to other sites, so that we can tailor our Site, communications, and advertising or remember whether you have visited the Site before. We may share this information with third parties. Third parties such as advertising networks or web traffic analysis services may place these cookies on our website and you should refer to their website privacy policy for additional information.

Third Party/Embedded Content: These cookies are set by third parties whose content is embedded in our Site (e.g., video). They may track your online activity in order to enhance your experience or assess the success of their application. We have no direct control over the information these cookies collect. Please review the third party’s Privacy Policy and privacy settings before clicking on embedded content in our Site.

Social Media Widgets: These cookies allow us to integrate social media functions into the Site and may also be used for advertising purposes. Please review the third party’s Privacy Policy and privacy settings before clicking on a widget.

Web Beacons: In addition to cookies, we use other technologies to recognize and track visitors to the Site. A web beacon (also known as a “tracking pixel” or “clear GIF”) is a clear graphic image (typically a one-pixel tag) that is delivered through a web browser or HTML e-mail, typically in conjunction with a cookie. Web beacons allows us certain functionality, for example, monitoring how users move from one page within our websites to another, to track access to our communications, to understand whether users have come to our websites from an online advertisement displayed on a third-party website, to measure how ads have been viewed and to improve site performance.

Do Not Track: We do not respond to web browser “do not track” signals. As such, your navigation of our Site may be tracked as part of the gathering of quantitative user information described above. If you arrive at our Site by way of a link from a third party site that does respond to “do not track” requests, the recognition of any “do not track” request you have initiated will end as soon as you reach our Site.

Deleting Cookies: You can delete cookies on your computer at any time by checking the delete cookies option in your browser of choice. Please note that after you delete certain cookies, you may be asked to login again on websites where you may have had a stored login cookie.

Please follow the links below for additional information on deleting cookies from these browsers:


Contact Us

For more information about our cookie policy, please contact us at dataprivacy@nysscpa.org