IBEROSTAR Hotels & Resorts. Legal Notice.
I. LEGAL NOTICE
This web page www.iberostar.com is operated by VISIT US INC. a company incorporated under the laws of the United States of America, with registered office at 3470 NW 82nd Av. Suite 908, Doral, FLORIDA 33122, Florida, and FEIN 65-0281620, registered with the Department of State, State of Florida on October 1, 1987 with registration number M60009.
The www.iberostar.com website (herein referred to as the website) is property of IBEROSTAR HOTELES Y APARTAMENTOS S.L. (herein referred to as the website owner), a business corporation established under the protection of Spanish law, with registered offices at C/ General Riera, 154, 07012 de Palma de Mallorca, and assigned Tax Identification Number B-28.049.344, recorded in the Business Registry of Mallorca in Volume 1687, Folio 59, Page PM-5191, Registration 1ª.
In addition to the aforementioned registered offices, the following Email Address is available to users, to which they can direct their requests, questions or complaints: email@example.com
1. PROCESSING OF DATA IN BROWSING
a) The domain name of the provider (PSI) and/or IP address which grants them access to the internet. For example, a user of the provider XXX shall be only identified with the domain xxx.es and/or the IP address. This way we can compile statistics on the countries and servers our web site is visited from most often.
b) The date and time our web site was accessed. This allows us to ascertain peak access times, and make the adjustments needed to avoid problems with saturation at peak times.
c) The internet address that the link used to access our web site was on. Thanks to this data, we can know how effective the various banners and links that point to our server are, so that we can promote those that offer the best results.
d) The number of visitors to each section each day. This allows us to know which areas are most successful and to increase and improve their content so that users obtain a more satisfactory result.
e) The Internet browser they connect to the web site with, the language chosen and the connection type, for statistical purposes and to improve the web site.
They enable us to obtain the following information:
a) The date and time of the last time the user visited our web site.
b) The content design that the user selected when he or she visited our web site.
c) Security features involved in controlling access to restricted areas.
Although the information obtained is, in principle, totally anonymous, users are informed that the aforementioned information will be included in a personal data file of VISIT US INC., for the purposes explained above. Users may exercise their rights to access, rectify and cancel their personal data, as well as to oppose its processing, as indicated further below.
We also use the Google Adwords remarketing tool. This tool enables us to publish on the Google Display Network (more details on the Google Display Network here: http://adwords.google.com/support/aw/bin/answer.py?hl=es&answer=6104) advertisements based on users’ previous visits to our web site. To that end, some of the pages on our web site include a code called a “remarketing tag.” These tags allow us to read and configure the cookies of your browser in order to determine the specific type of ad that will be displayed to the user, according to elements related to his or her visit to our web site, such as for example the browsing circuit chosen, the specific pages visited or the actions taken on those pages. The remarketing lists created this way are stored in a database in the Google servers, where all the cookie IDs associated with each list or category of interest are stored. The information obtained only enables identification of a specific browser. Google cannot identify the specific user only with this information. (More information about the remarketing tool at the following link:
Regarding Visit US INC., this information can only be associated with a specific user if said user is identified on the web site; for example, because he or she has completed a reservation process. In this case, data thus obtained shall be included in a VISIT US INC. file for targeting purposes, to design advertising campaigns in accordance with the interest shown while browsing. Users may exercise their rights to access, rectify, cancel and oppose as indicated further below.
Users have the option not to receive cookies or to be informed about their collection by setting up their browser for that purpose. However, if cookies are deactivated, users may not be able to use all the web site’s features.
Regarding remarketing cookies, users may disable the use of Google cookies by visiting the page for disabling Google advertising (http://www.google.com.mx/privacy_ads.html).
Users may also deactivate DoubleClick cookies by visiting the page for disabling DoubleClick (in English) (http://www.doubleclick.com/privacy/dart_adserving.aspx)
To disable the use of third party cookies, users can likewise visit the Network Advertising Initiative page for disabling theNetwork Advertising Initiative (NAI) (the page is in English) (http://www.networkadvertising.org/managing/opt_out.asp)
2. PERSONAL DATA PROCESSING
2.1. INFORMATION ABOUT THE FILE.-You are informed that the personal data collected on this online sales web site will be processed by VISIT US INC., with registered office at 3470 NW 82nd Av. Suite 908, Doral, FLORIDA 33122, United States of America.
Generally, we inform you that the fields of the web site’s different forms that are indicated as mandatory must be filled in order for your requests to be correctly processed.
2.2. PURPOSES OF PROCESSING AND PLANNED ASSIGNMENT.-
registration form: The personal data collected by means of this form shall be used for the processing of your registration, as well as for the administration of user accounts, the management and control of relationships with users and the control of access to the contents reserved for registered users.
FORM FOR BOOKING AND CONTRACTING SERVICES OR PRODUCTS: The data collected by means of these forms shall be used for the processing of your request, for the administrative and economic management and control of relationships with users, for conducting satisfaction surveys and for statistical purposes. The data will also be used for management of the booking system and maintenance of the history of the reservation made. For the booking to be correctly processed, this data shall be communicated to the hotels booked in or to the companies whose services are included in the contracted service. The affected parties must consent to international transfer of their data when the abovementioned companies are located outside the European Economic Area.
Users expressly consent to the bank details provided being used to meet the possible penalties for cancellations or no-shows set out in the rate conditions. Processing their bookings necessarily involves the aforementioned processing. Therefore, the process cannot be carried out if it is opposed to.
PROCESSING FOR COMMERCIAL PURPOSES: Only if you reside in the Americas, excluding Cuba, and you have so consented when providing your personal information, will your data be processed by VISIT US INC. to inform you by post, or even by electronic or telephone media about tourism news, special offers, products or services commercialized by VISIT US INC. At any time, you may revoke your consent to the aforementioned purposes, as indicated further below in the “Rights of the Interested Party” section.
IBEROSTAR BRAND USERS: If you have so stated, the personal data you have given us along with the data generated by the use of the platform and by making the bookings shall be communicated to IBEROSTAR HOTELES Y APARTAMENTOS S.L., head of the IBEROSTAR Group, with registered office at C/General Riera 154, 07010 Palma de Mallorca, Baleares (SPAIN), for its incorporation into the IBEROSTAR Brand Users file, for the purposes of customer loyalty, customizing services and to send you by post, or even by electronic or telephone media, personalized commercial communications about IBEROSTAR group tourism products and services. Incorporation of your data into said file involves your consent to entities of the IBEROSTAR Group you made contact with for the contracting or provision of services accessing your data as a brand user to personalize these services. You likewise consent to the international transfer of your data when said entities are located outside the European Economic Area. At any time, you may revoke your consent to the aforementioned purposes, as indicated further below in the “Rights of the Interested Party” section.
2.3. ACCURACY OF THE DATA
Users will be responsible for, in all cases, the accuracy of the data provided. VISIT US INC. reserves the right to exclude any user who has provided false data from the services registered, without prejudice to any other actions that may be stipulated by the Law.
2.4. RIGHTS OF THE INTERESTED PARTY
With the limitations provided for in the law, you may request access, rectification or cancelation of your personal information, and oppose its processing, under the terms set by the applicable legislation. To exercise these rights, you must write, accompanied by a copy of your National Identity Card or Passport, to the Person in Charge of the corresponding file, at the address below:
§ VISIT US INC., 3470 NW 82nd Av. Suite 908, Doral, FLORIDA 33122, United States of America, or sending an email to firstname.lastname@example.org
§ IBEROSTAR HOTELES Y APARTAMENTOS S.L., to the Customer Services Department- C/ General Riera 154, 07010 Palma de Mallorca – Spain. In this case, exercising the rights to access, rectify, cancel or oppose shall be governed by the provisions set forth in Spanish Organic Law 15/1999, of 13 December on the Protection of Personal Data and its implementing regulations.
III. CONDITIONS OF USE
These general conditions of use govern access to and use of the various contents and services that are included in or accessible through the web site www.iberostar.com (hereinafter referred to as the Web Site or Web).
Through the Web Site, information on stays in IBEROSTAR Group hotels is made available to users. There is information on room availability, rates, hotel searches by geographic location and location of hotels by rate.
These general conditions must be understood without prejudice to the specific booking conditions set out in the Web Site.
For merely using the Web Site, you acquire the status of user of said Web Site. Use of the Web Site and of any of its services means acceptance as a user, without reservations of any kind, of each and every one of these general conditions and of the specific conditions that, where appropriate, govern the use of the Web Site or the services tied to it.
The owner of the Web Site may, at any time and without prior notice, modify the presentation and configuration of the Web Site as well as these general conditions, and introduce new conditions of use. These modifications will be published on the Web Site so that users may know them before proceeding to use the Web Site. Using the Web Site once the general conditions have been modified shall mean that said user accepts the general conditions that have been thus modified.
By using the Web Site, users declare that they are over eighteen years old. In order to use the Web Site, minors must obtain prior permission from their parents, guardians or legal representatives, who will be considered responsible for all acts performed by the minors under their care.
Users undertake to generally use the Web Site as well as the services tied to it diligently, in accordance with the law, morality, public order and the provisions of these general conditions, and with the applicable specific conditions. Users must likewise abstain from using them in any way that could impede the normal operation and enjoyment of the Web Site and the services tied to it by users, or that could injure or harm the assets and rights of the Web Site’s owner, of its providers, of its users or in general of any third party.
More specifically, but without this list limiting the general scope of the obligation set out in the previous paragraphs, users, in using Web Site and the services tied to it, undertake to:
(a) Not to introduce, store or spread via the Web Site or via any of the services tied to it any computer program, data, virus, code, or any other instrument or electronic device that is capable of causing damage to the Web Site, in any of the services tied to it or in any computers, systems or networks of the owner of the Web Site, of any users, of its providers, or in general of any third party, or that would otherwise be able to cause any type of alteration or impede the normal operation of the Web Site.
(b) Not to use false identities, or impersonate others in using the Web Site or any of the services tied to it, including the use, if applicable, of the passwords or access codes of third parties or in any other way.
(c) Not to conceal or falsify in any way the origin of electronic mail messages; not to intercept, delete or modify the electronic mail messages of other users, or send bulk e-mails.
(d) Not to destroy, alter, render useless or damage the data, information, programs or electronic documents of the Web Site owner, its providers or third parties.
(e) Not to use the content, particularly the information obtained through the Web Site, to send advertising, to send messages for the purposes of sale or for any other commercial purpose or to collect or store third parties’ personal data.
(f) Not to introduce or spread any information or content that is defamatory, slanderous, obscene, threatening, xenophobic, that incites violence, that incites discrimination on grounds of sex, race, ideology or religion or that in any way violates morality, public order, fundamental rights, political freedom, honor, intimacy, third parties' images or in general the current legislation.
If any user believes that there are facts or circumstances revealing the illegality of the use of any content and/or of the carrying out of any activity on the Web Site or accessible through the Web Site, they should notify the Web Site’s owner addressing an e-mail to (...)@visitus-inc.com
Intellectual and Industrial Property
Users acknowledge that all the elements of the Web Site and of each of the services provided through it, the information and material contained on it, the structure, selection, organization and presentation of its content and the computer programs used in connection with it are protected by the intellectual and industrial property rights of the Web Site’s owner or of third parties, as appropriate.
Unless authorized by the Web Site’s owner or, where appropriate, by third parties holders of the corresponding rights, or unless lawfully allowed, users cannot reproduce, transform, modify, disassemble, reverse engineer, distribute, rent, lend, make available or allow public access to through any mode of public communication of any of the elements referred to in the previous paragraph. Under no circumstances shall it be understood that any license is granted or that said rights are partially or fully renounced, transferred or assign, or that any right or expectation of right has been conferred, and, in particular, the right to alter, exploit, reproduce, distribute, or communicate publicly about said contents without the prior express permission of VISIT US INC. or of the corresponding holders.
Users must use the materials, elements and information accessed through the Web Site and each of the corresponding services solely for their own needs. Users are obliged not to directly or indirectly carry out a commercial operation of services, materials, elements or information obtained through the Web Site or each of the corresponding services.
Users must refrain from eliminating the identifying signs of intellectual, industrial or any other type of property rights of the Web Site’s owner or of third parties appearing on the Web Site and in each of the diverse services offered through it. Likewise, users must refrain from voiding or manipulating any technical devices established by the Web Site’s owner or by third parties, whether on the Web Site, in any of the services, or in any of the materials, elements or information obtained through it, for the protection of its rights.
Registered users must keep passwords for accessing restricted content under their own responsibility in the most strict and absolute confidentiality, thus assuming whatever damages or consequences of every kind deriving from breaching or revelation of the secret. For reasons of security, the password for telematic access to the services linked to the Web Site may be modified by users at any time.
Disclaimer of Warranty
The Web Site’s owner undertakes to make all necessary efforts to guarantee the availability and continuity of the Web Site and the services tied to it. However, the Web Site’s owner cannot guarantee that the Web Site and the services tied to it will work correctly at all times, or that users will be able to access them and use them quickly, continuously and error free. Similarly, the Web Site’s owner does not concede any guarantee with respect to the suitability and the contents of the Web Site or of any of the services tied to it for the satisfaction of the users’ specific needs.
The Web Site’s owner shall act diligently according to general uses accepted in the sector in order to avoid the presence on the Web Site or in any of the services tied to it of viruses or other harmful elements that could cause alterations in users’ computer systems, electronic documents or files. However, the Web Site’s owner cannot guarantee the absence of such elements and is not responsible for damages they may cause.
The Web Site’s owner does not control, make their own, or guarantee the accuracy, quality, accuracy, reliability or suitability of the information and services provided or rendered by third parties through the Web Site. Similarly, the Web Site’s owner does not control or guarantee the absence of viruses or other harmful elements in the contents or services provided or rendered by third parties through the Web Site.
The Web Site’s owner does not guarantee the technical availability, quality, reliability, accuracy or truthfulness of the content and services available on sites belonging to or managed by third parties that users can access by technical link devices (“links”) from the Web Site. The Web Site’s owner does not control the content of said web sites nor offer or commercialize the products and services available on the web sites linked to it, nor assumes in consequence any responsibility for them.
The Web Site is used at the users’ own risk. Therefore, the Web Site’s owner is not liable for possible damages resulting from interference, interruptions, computer viruses, telephone breakdowns or telephone disconnections due to causes beyond their control; nor for delays or blockages in the use of this electronic system caused by deficiencies or overloading in its data processing center, of telephone lines, in the Internet system or in other electronic systems; nor for any other alteration that could occur in the users’ Software or Hardware.
Likewise, the Web Site’s owner shall not be held liable for damages caused by third parties through unlawful interference beyond their control. Nor shall the Web Site’s owner be held liable for damages caused by use or misuse of the Web Site’s content or for consequences that could arise from errors, defects or omissions in the content provided by third parties that may appear on this Web Site, being the chosen Hotel the third party for these purposes.
Without prejudice to the liability for damages that may arise, the Web Site’s owner can immediately and without prior notice resolve and terminate the relationship with users, cutting off their access to the Web Site or to its corresponding services, if the Web Site’s owner detects a use of them or of any of the services tied to them that goes against the general or specific conditions that are applicable.
Users shall be held liable for damages of any kind that the Web Site’s owner or any of their affiliates may suffer directly or indirectly as a consequence of breach of any of the obligations stemming from the general or specific conditions in connection with the use of the Web Site or of any of the services tied to it. Likewise, users shall hold the Web Site’s owner harmless from any sanction, claim or lawsuit that could be brought by a third party, including any government bodies, against the Web Site’s owner, its employees or agents, as a consequence of the violation of any rights of third parties by said users through the use of the Web Site or of the services tied to it in a way that is contrary to the provisions of the general or specific conditions that are applicable.
Applicable Law and Jurisdiction
These general conditions are governed by the laws of the United States of America. The Web Site’s owner and the user, expressly waiving any other jurisdiction, subject themselves to the Courts of the user’s legal residence for any dispute that may arise from use of the Web Site or of the services tied to it.
If the user’s legal residence is outside the United States of America, the Web Site’s owner and the user subject themselves, expressly waiving any other jurisdiction, to the Courts of Doral, Florida, the United States of America.