Privacy Policy

Updated: Friday, December 15, 2023

Your privacy is important to ASHRAE ("ASHRAE", "we", or "us").  We developed this Privacy Policy to describe how we collect, use, disclose, and otherwise process Personal Information about you, including through https://www.ashrae.org and any other ASHRAE websites or applications that link to this Privacy Policy (collectively, the “Site”).  If you have any questions or comments regarding this Privacy Policy, please contact us at privacy@ashrae.org.

 1.  Changes to this Privacy Policy

We may revise and update this Privacy Policy from time to time and will post the updated Privacy Policy to the Site. If these changes are material, we will provide notice of changes by email as well as posting notice of the changes on our Site.

 2.  What is Personal Information?

 “Personal Information” is information that, either alone or in combination with other information, identifies you. When we combine other information (i.e., information that does not, on its own, identify you) with Personal Information about you, we treat the combined information as Personal Information.

3.  How We Collect and Use Personal Information

A.  Personal Information You Provide to Us

We collect the following types of information that you provide to us:

• Contact Information

In various areas of the Site and in printed materials, we provide you the opportunity to submit a form with basic contact information, such as your name, email, or mailing address.  With your permission, ASHRAE uses such information to inform you of new products, technical information and services, and upcoming events that may be of interest based on your participation in ASHRAE, expressed interests, selected industry codes, or industry engagement. After your membership expires, we may continue to send you occasional e-mails to provide you with offers to rejoin ASHRAE.  If you no longer wish to receive these emails, the opt-out process is described in Section 5 of this Privacy Policy.

In addition, if you choose, you may participate in an ASHRAE e-mail list server by subscribing on the Site or by contacting ASHRAE staff directly.  You may unsubscribe from these e-mail list servers by following the unsubscribe instructions found within the list email. 

• Member Login Information

We process your member number and password to enable you to securely log into the Site, and we process information regarding your role with ASHRAE to appropriately control access to restricted content.  We process this Personal Information only as necessary to provide you services on the Site under our Terms of Use and to further our legitimate interests in protecting the Site and content. 

• Membership Information

ASHRAE uses the information provided through membership forms to process membership applications and related requests. For example, ASHRAE processes ASHRAE member grade and ASHRAE membership number when provided in advancement forms; membership in other associations; information on your involvement in ASHRAE such as offices held, committees served on, etc.; educational background; professional background; and personal and professional references.  We process this information only as necessary to provide you with the benefits of membership.  We also archive membership information for historical purposes. 

• Bookstore Purchase and Event Registration Information 

When you purchase books, papers, reports, and other offerings, we collect information relating to your purchase for the purpose of fulfilling your requested purchase and to help further our legitimate interest in better understanding your interests in technical subjects so we can improve our future offerings.  Similarly, when you register for an event, we process Personal Information, such as special accommodations requested, in order to reserve your space at the event and to further our legitimate interest in preparing for the event. If you stop by one of our tradeshow booths, we may ask to scan your tradeshow badge or otherwise request your consent to provide information which we may then use to inform you of future offerings that may be of interest and from which you can opt-out as described in Section 5.

• Payment Information 

When you purchase a membership, register for an event, or buy products from us, third-party service providers acting on our behalf process payment information, including payment card details and billing and shipping addresses, to help us fulfill your orders. 

• Information Collected through Various Forms

ASHRAE gathers information from online forms that are often similar or identical to the information it gathers from traditional printed forms. When you submit information through forms, whether offline or on the Site, you voluntarily provide ASHRAE with the information requested, and ASHRAE will use the information in order to take the action requested, to complete a requested transaction, or for other reasons related to the purposes for which you provide the information.   

For example, award nomination forms allow individuals to nominate someone for ASHRAE awards.  We use information submitted through award nomination forms to consider the nomination and to contact award winners to notify them of the award.  As another example, ASHRAE uses information on a scholarship application, such as educational and employment record, references, and your advisor’s name, to process scholarships.

In addition, ASHRAE may check the information a user has provided via any forms against any information ASHRAE has about the user in its customer database. ASHRAE does this to help further its legitimate interests in maintaining the most current and accurate information about its customers.

                B.  Information We Automatically Collect through our Site

We collect the following types of information automatically when you use the Site:

• Log Information

When you use our Site, our servers automatically record information, including your Internet Protocol address (“IP Address”), browser type, referring URLs (e.g., the site you visited before coming to our Site), number of clicks, and how you interact with links on the Site, domain names associated with your internet service provider, pages viewed, and other such information (collectively, “Log File Information”). We may also collect similar information from emails sent to you which then help us track which emails are opened and which links are clicked by recipients. We use Log File Information collected from our implementation of the Site to further our legitimate interests in securing the Site by identifying potential threats and vulnerabilities, and in analyzing the effectiveness of our Site to improve the Site’s function and content. 

• Cookies and Similar Technology

When you use or access the Site, we use cookies, device identifiers, and similar technologies such as pixels, web beacons, and local storage to collect information about how you use the Site.  We process the information, including Personal Information, collected through such technologies to further our legitimate interests in operating the Site, enhance your experience through personalization, and help us better understand the features of the Site that you and other users are most interested in.  

Some of our service providers (described in Section 4, below) and third parties from which we receive content use cookies or other methods to gather information regarding your use of our Site. Such third parties may use these cookies or other tracking methods for their own purposes by relating information about your use of our Site with any of your Personal Information that they may have. The use of such information by a third party depends on the privacy policy of that third party. If you would like more information, please see Section 12 for our contact information.

We and our advertisers use cookies and similar technologies to collect information for advertising purposes, such as which advertisements were viewed, how often they were clicked, and device location information to provide you with content and advertising that might be of particular interest to you.  You may also request to opt-out of an advertiser’s use of cookies by visiting the National Advertising Initiative or the Digital Advertising Alliance. If you opt out of such cookies, you will continue to receive advertisements, but those advertisements will no longer be personalized for you.

Most browsers provide you with the ability to block, delete, or disable cookies, and your mobile device may allow you to disable transmission of device identifiers. If you choose to reject cookies or block device identifiers, some features of the Site may not be available or some functionality may be limited or unavailable.  Please review the help pages of your browser or mobile device for assistance with changing your settings.

Without an industry or legal standard of interpreting Do Not Track Signals (“DNT”) sent to us by your browser, we do not respond to DNT signals at this time. To learn more about how DNT works, please visit http://allaboutdnt.com/.

4.  To Whom We Disclose Personal Information

We will not disclose Personal Information about you except as set forth in this Privacy Policy or with your consent. This section describes to whom we disclose Personal Information, and for what purposes:

• ASHRAE Chapters and Sections. We disclose information to ASHRAE Chapters and Sections to facilitate communication between the Chapter and Section leaders and the members of their Chapters or Sections. Similarly, we disclose information as necessary to facilitate the communication of ASHRAE members who are investigating local interest in forming an ASHRAE Chapter or Section with the ASHRAE members in that geographic area. Such communication is critical to the success of ASHRAE’s Chapters and Sections.  Members who receive this contact information agree to use such information only for limited ASHRAE business purposes.
• ASHRAE Committees, Councils, and Other Groups. By agreeing to participate on an ASHRAE Committee, Council, or other group, individuals consent for us to share their contact information with other members of the group. The members of the group agree to use such information only for limited ASHRAE business purposes.
• Service Providers. We employ service providers to perform tasks on our behalf and to assist us in maintaining the Site.  For example, we employ service providers who help with sending emails and maintaining mailing lists; performing marketing research; assisting with the ASHRAE Journal and webinars; maintaining and developing our website and apps; fulfilling orders and subscriptions; providing certification examination services; and providing conference services.
• Advertising.  From time to time, we engage advertising services that target advertisements on third-party websites based on cookies or other information indicating previous interaction with our Site.
• Google Analytics.  We use Google Analytics, an analytics service, to help us analyze the traffic on our Site.  For more information on Google Analytics’ processing of Personal Information, please see “How Google uses data when you use our partners' sites or apps.” 
• Companies Involved in Merger and Acquisition Transactions. In some cases, ASHRAE may choose to buy or sell assets. In these types of transactions, user data (including Personal Information) is typically one of the business assets transferred. Moreover, if ASHRAE, or substantially all of its assets, were acquired, user data would be one of the assets that is reviewed and transferred or acquired by a third party.

• Law Enforcement, Government Agencies, and Courts. We may disclose Personal Information at the request of law enforcement or government agencies or in response to subpoenas, court orders, or other legal process to establish, protect, or exercise our legal or other rights or to defend against a legal claim or as otherwise required or allowed by law, or to protect the rights, property, or safety of a Customer or any other person. We may also disclose Personal Information to investigate or prevent a violation by you of any contractual or other relationship with us or your illegal or harmful activity.  

5.  E-Mail Opt-Out

ASHRAE values the privacy and communication preferences of its members and customers, and maintains an e-mail communication and anti-spam policy.  You may choose not to receive marketing emails from us and can opt out of such e-mails through your account settings.

6.  International Transfers to U.S.

If you are using the Site or otherwise communicating with ASHRAE from outside the United States, please be aware that Personal Information about you may be transferred to, stored, and processed in the United States. The data protection laws of the United States might not be as comprehensive as those in your country. By using the Site, you consent to your information being transferred to the United States for the purposes described in this Privacy Policy.

7.  Your Data Subject Rights

We provide you with access to—and the ability to edit or delete—certain categories of Personal Information through the Profile page. Our opt-out features, described in Section 5, also enable you to exercise your right to object to certain processing activities. 

If you would like to access, amend, erase, export (i.e., data portability), or object to or restrict the processing of Personal Information, you may submit a request to privacy@ashrae.org. We will promptly review all such requests in accordance with applicable laws. 

Depending on where you live, you may have a right to lodge a complaint with a supervisory authority or other regulatory agency if you believe that we have violated any of the rights concerning Personal Information about you. We encourage you to first reach out to us at privacy@ashrae.org, so we have an opportunity to address your concerns directly before you do so.

8.  Personal Information from Children

We do not knowingly collect Personal Information from children.  If we learn that we have collected Personal Information from children, and if we do not have a lawful basis to process such Personal Information under applicable law, we will promptly take steps to delete such Personal Information.

9.  Retention of Personal Information

We will retain Personal Information about you for the period necessary to fulfill the purposes for which Personal Information about you has been collected as outlined in this Privacy Policy unless a longer retention period is required by law. 

10.  How We Protect the Confidentiality and Integrity of Personal Information About You  

We have implemented security measures to protect Personal Information from loss, misuse, and alteration. Despite these efforts to store Personal Information in a secure operating environment that is not available to the public, we cannot guarantee the security of Personal Information during its transmission or its storage on our systems. Further, while we attempt to ensure the integrity and security of Personal Information, we cannot guarantee that our security measures will prevent third parties such as so-called hackers from illegally obtaining access to Personal Information. We do not represent or warrant that Personal Information about you will be protected against, loss, misuse, or alteration by third parties.

11.  Links to Third Party Websites  

Our Site may contain links to third party websites. Please be aware that we are not responsible for the privacy practices of third party websites you choose to visit. If you provide any information directly to parties other than us, different rules may apply to the use or disclosure of that information. We encourage you to investigate and ask questions before disclosing your Personal Information to third parties.

12.  Contacting Us 

If there are any questions regarding this Privacy Policy you may contact us using the information below:

ASHRAE
180 Technology Parkway 
Peachtree Corners, GA 30092 USA.
Phone: 404-636-8400
Email: privacy@ashrae.org

 ASHRAE Disclaimer - Information and Forums

ASHRAE values the privacy and communication preferences of its members and customers and maintains a comprehensive email communication and anti-spam policy in compliance with the CAN-SPAM Act.  This policy includes:

The option to opt-out of all emails except transactional relationship email such as those related to member voting rights, dues renewal transactions, and online bookstore purchases.

ASHRAE Does not sell member or customer emails to third parties without prior consent.  In such cases, it is a requirement that those parties have opt-out provisions.

All member and customer emails are kept on a secure server.

ASHRAE reserves the right to contract with vendors to assist ASHRAE with its business processes and services and to provide contact information to such vendors as necessary for them to deliver the services for which they have been retained.

There are numerous e-mail links on the ASHRAE site enabling you to send e-mail to individuals or groups. When you send us an e-mail and request a response, we use the e-mail address you have provided to respond to your inquiry. We periodically log the nature of e-mail requests we receive, which helps us analyze visitor interests overall and identify areas for improvement on the site.

The content contained within this publication is for informational, noncommercial use only. You may not modify, copy, distribute, transmit, post, display, reproduce, publish, license, or create derivative works from this publication without prior written permission of ASHRAE. You may request permission by contacting ASHRAE Publications Permissions Department at permissions@ashrae.org.

Complete Terms of Use Agreement for ASHRAE.org

ASHRAE.org is the Web presence of the American Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc., a non-profit international organization of 56,000 persons with chapters throughout the world. The Society is organized for the sole purpose of advancing the arts and sciences of heating, ventilation, air conditioning and refrigeration (HVAC&R) for the public's benefit through research, standards writing, continuing education and publications.

ASHRAE.org is an information resource affiliated with ASHRAE and supporting the needs and interests of ASHRAE members and other professionals in the fields of HVAC&R. Web site visitors and ASHRAE members have access to technical information, industry information, articles and news on all facets of HVAC&R. By using the ASHRAE Web site, you are agreeing to abide by the terms of use below. We have created these rules and guidelines to protect you and to assure you that ASHRAE is a credible resource for everyone interested in HVAC&R information.

Acknowledgement and Acceptance of Terms of Use

These terms of use govern your use of ASHRAE.org and all services provided in connection with ASHRAE.org. If you do not agree to these terms of use, please do not enroll in or enter ASHRAE.org.

Please check this document before using ASHRAE.org to determine whether a change has been made to these terms of use. If you have elected to permit us to send you e-mail, we will notify you of changes to the terms of use. If you do not agree to any changes in the terms of use as they may occur, please terminate your use of ASHRAE.org immediately (i) by notifying ASHRAE of your unwillingness to accept the changes to the terms of use, and (ii) by discontinuing your use of ASHRAE.org. Your continued use of ASHRAE.org will signify your acceptance of any change in the terms and conditions set forth herein.

The terms of use comprises the entire agreement between you and ASHRAE and supersedes any prior agreements pertaining to the subject matter contained herein.

Registration and Password

You are responsible for maintaining the confidentiality of your information, including your member number, personal identification number (pin) and password. You shall be responsible for all uses of your membership, whether or not authorized by you. You agree to immediately notify ASHRAE of any unauthorized use of your membership number, pin or password.

Use of Membership Registration Data

To enroll in ASHRAE.org, you will need to provide ASHRAE with some personal information such as your name and e-mail address. Please see the ASHRAE privacy policy for details regarding the protection and use of this membership data. ASHRAE may amend the information requested from members from time to time as the site changes. If you are not willing to provide any new information requested you should immediately notify ASHRAE.

ASHRAE may allow access to database information by third parties providing technical services, but only to the extent necessary to provide you with those services. In those instances, the third-party is bound by these terms, and will not be entitled to contact you directly for any reason. You understand and agree that ASHRAE may disclose to third parties your zip code, and other supplied personal data, but only in the form of aggregated information.

Use of Site

ASHRAE.org is for your personal use only. Commercial uses of ASHRAE.org are strictly prohibited unless prior written consent from ASHRAE has been granted.

You alone are responsible for the content of the information you post on ASHRAE.org, including any messages you post or e-mails you send through ASHRAE, and the consequences of any such postings or messages. Any use by you of any other subscriber's information, personal or otherwise, for any commercial purpose or to obtain direct financial gain (e.g., mass marketing) is absolutely prohibited.

You agree not to post or use ASHRAE.org to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.

You further agree not to use ASHRAE.org to send or post on ASHRAE.org any message or material that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, threatening, racially offensive, inaccurate, or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. (See disclaimer – information and forums.)

ASHRAE.org reserves the right to immediately delete any material that it deems meet any criteria outlined above, and to immediately terminate your access, and furthermore to initiate efforts to block you from further use of ASHRAE.org.

ASHRAE will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the terms of service.

You further agree to abide by all applicable local, state, national, and international laws and regulations in your use of the Web site, and agree not to interfere with the use and enjoyment of the Web site by others. You agree to be solely responsible for the contents of your communications through ASHRAE.org.

Applicable Law

The terms of use shall be governed by and construed in accordance with the laws of the state of Georgia, except with regard to its conflicts of law rules. Each party irrevocably consents to the exclusive jurisdiction of the courts of the state of Georgia and the federal courts situated in the state of Georgia in connection with any action arising under the terms of use or relating to ASHRAE.org. Any cause of action brought by you or your authorized user(s) with respect to ASHRAE.org must be commenced within one (1) year after the claim or cause of action arose or it will be barred.

Copyright and Trademarks

The contents of this Web site are protected by copyright. Unauthorized use of this material may violate copyright, trademark and other laws.

You acknowledge that the site contains information, software, photos, video, graphics, sound or other materials (collectively, 'content') that are protected by copyrights, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed.

You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may upload to the software files or otherwise distribute on ASHRAE.org only content that is not subject to any copyright or other proprietary rights protection (collectively, 'public domain content'), content that you personally own or content in which the author has given express authorization for online distribution.

Any material, information or other communication you transmit or post to this site will be considered non-confidential and non-proprietary ('communications'). ASHRAE will have no obligations with respect to the communications. ASHRAE and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes.

'ASHRAE' is a registered service mark of the American Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc. All rights reserved. All other trademarks appearing on ASHRAE.org are the property of their respective owners.

Links

Links to third party Web sites on this site are provided solely as a convenience to you. ASHRAE does not control and is not responsible for any of these sites or their content. ASHRAE does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this site, you do this entirely at your own risk.

If you operate a Web site and wish to link to ASHRAE, please read the ASHRAE Online Web Site Link Agreement and complete the included e-mail request form. Use of the ASHRAE logo is restricted to ASHRAE and its member chapters, and may not be used by the linker. For questions about appropriate linkage to ASHRAE, contact permissions@ashrae.org.

ASHRAE reserves the right to reject or terminate any links to the site.

For more information concerning ASHRAE's copyright policies, including how to request reprint permissions, visit our Permissions and Licensing page.

Disclaimer

The materials provided at this site are provided 'as is' without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. ASHRAE further does not warrant the accuracy and completeness of the materials at this site. ASHRAE may make changes to the materials on this site or to the products and prices described in it, at any time without notice. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Limitation of Liability

In no event will ASHRAE, its suppliers, or other third parties mentioned at this site or providing information or service through this site be liable for any damages whatsoever (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this site, any Web sites linked to this site, or the materials or information contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. If your use of the materials or information on this Web site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof.

Remedies for Breach of These Terms by You

In the event that ASHRAE determines, at its sole discretion, that you have breached any portion of these terms of service, or have otherwise demonstrated conduct inappropriate for the community of ASHRAE.org, ASHRAE reserves the right to (i) warn you via e-mail that you have violated these terms of service; (ii) delete any content provided by you or your agent(s) to ASHRAE, (iii) discontinue your registration with ASHRAE.org; (iv) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (v) any other action which ASHRAE deems to be appropriate. ASHRAE may elect from any of these due to your breach of these terms of service, as ASHRAE deems appropriate in their sole discretion.

Notice

ASHRAE may give notice to site users by means of a general notice on the site or to customer's e-mail address on record or by written communication sent by U.S. mail to a customer's address, if on record with ASHRAE.

In addition, you may give notice to ASHRAE. Such notice shall be deemed given when received by ASHRAE at any time by any of the following:
1. Letter faxed to ASHRAE at fax # 1-404-321-5478.
2. Letter delivered by first class postage pre-paid mail or courier to ASHRAE at:

ASHRAE
Attn: W. Stephen Comstock, Publisher
1791 Tullie Circle NE
Atlanta, Ga. 30329-2305

Miscellaneous

You represent to ASHRAE that you have the authority to register with ASHRAE according to these terms of service.

You agree not to resell any information or services contained on this site or access to this site.

Modifications

ASHRAE may modify these terms of use from time to time in its sole discretion. Each time you log on to ASHRAE, you will be deemed to have accepted any such changes. Any modification is effective immediately upon a posting on ASHRAE.org, electronic mail, or conventional mail. If any modification to the terms of use is unacceptable to you, you may immediately terminate your site access. Your continued use of ASHRAE.org following modification to the terms of use shall be conclusively deemed as acceptance of such modification.

Takedown Procedure for ASHRAE.org and ASHRAE Affiliated Sites 

In order to have allegedly infringing web content removed from ASHRAE.org or ASHRAE.org Affiliated sites, the copyright owner must provide notice to ASHRAE with the following information:

• Contact information including name, address, phone number and email address of the complaining party.
• The infringing material and it's specific location, for example, the reference or link to the infringing material.
• Sufficient information to identify the material as copyrighted.
• A statement that he has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A signed statement that the information in the notification is accurate and that the complaint is being made with authorization from the copyright holder.

ASHRAE will then remove the infringing web content and notify the complainant of this removal.

Click here to send this information to the ASHRAE Publisher.

European Union General Data Protection Regulation (GDPR)

In an effort to ensure ongoing compliance with GDPR requirements, ASHRAE conducts an annual internal audit and engages Polsinelli PC, a law firm that provides consulting services on international privacy laws, including GDPR.

The annual audit includes the following activities:

• Use of two GDPR-provided tools: the GDPR checklist for data controllers, which addresses the key areas of lawful basis and transparency, data security, accountability and governance, and privacy rights, and the GDPR compliance checklist for US companies, which focuses on requirements unique to American organizations.
• A review of the ASHRAE Privacy Policy/Notice.
• A data Transfer Impact Assessment.

There are four lawful reasons applicable to ASHRAE for processing customer data with regards to GDPR. In the course of doing business, ASHRAE collects, stores, and otherwise processes personal data of both members and non-member customers.  GDPR affords ASHRAE the opportunity to further codify which personal data it collects, how it stores that personal data, and for what purposes it processes that personal data.  GDPR touches not just European citizens living in the EU, but those living outside the EU, including those EU citizens living in chapters in the U.S. and Canada.

Crucial to ensuring compliance with GDPR is understanding the different lawful reasons for processing personal data.  GDPR identifies six, of which four in particular, apply to the personal data controlled and processed by ASHRAE. Guidelines for ASHRAE staff are described below.

ASHRAE Regions and Chapters seeking guidance from ASHRAE may email gdpr@ashrae.org.

Definitions:

‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

‘processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.  ASHRAE is a personal data “processor.”

‘controller’ means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.  ASHRAE is a personal data “controller.”

‘processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.  ASHRAE employees are processors.

‘consent’ of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

Four Lawful Reasons for Processing ASHRAE Customer Personal Data

1. The data subject has given consent to the processing of his or her personal data for one or more specific purposes.
   When individuals  join ASHRAE they agree to “consent to your information being transferred to and processed by ASHRAE, located in the United States, and its partners for the purposes described in our Privacy Policy, and told they “have the right to remove consent at any time by contacting ASHRAE.”  So, in the case of new members, ASHRAE uses lawful reason #1 “Consent” as the reason it may process personal data.
2. Processing is necessary for the performance of a contract to which the data subject is party.
   ASHRAE may notify expiring Members and Certificants that their membership and certification is due to expire.
3. Processing is necessary for compliance with a legal obligation to which the controller is subject.
   In the event ASHRAE were compelled by a legal authority to disclose the personal information of customers if would be lawful for ASHRAE to do so. 
4. Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
   ASHRAE performs a task carried out in the public interest.  To “advance the arts and sciences” is at the core of its1958 Certificate of Consolidation, which vests authority in ASHRAE to execute this mission.  It is in the public interest for ASHRAE to control and process the following personal data in the following ways:

A. It is in the public interest when the names, titles and employer information of volunteers who make policy decisions are known publicly; therefore, this personal data may appear in such public places as ASHRAE media and meeting minutes.  

B. When ASHRAE volunteers in the course of their volunteer work volunteer to be points of contact, then it is lawful for ASHRAE to publish their contact information.

C. When the nature of a volunteer position is such that the volunteer must be contacted in order to fulfill their volunteer duty, then it is lawful for ASHRAE to publish their contact information.

D. In order for ASHRAE committee members to work together in the execution of a given appointed task, they must know each other’s names and be able to communicate with each other; therefore, it is lawful for committee members to know each other’s name and have each other’s contact information.

E. Effective and lawful governance of ASHRAE requires that ASHRAE maintain records of volunteer activity indefinitely and that these records be publicly available.

F. Per GDPR, persons have the “right to be forgotten;” however, there are nuances to this article.  The article states that the controller – in this case, ASHRAE - must “erase personal data without undue delay” if the personal data is “no longer necessary in relation to the purposes for with they were collected.”  Since it is in the public interest for the public to know which volunteer leaders were responsible for making policy decisions that guided ASHRAE in achieving its mission, then it is lawful for ASHRAE to continue to control and process – in this case, publish – such personal data of volunteers as their name, title and employer information.

If you have any GDPR related questions, please contact gdpr@ashrae.org.