Open Hospitality's Website Privacy Statement
(June 11, 2008)
Open Hospitality, Inc. ("OPEN HOSPITALITY”) is committed to protecting the privacy of certain types of information and data that we collect in connection with our operation of the www.openhospitality.com website (the “Website”). The types of information we collect via the Website is set forth below. We value all of our Website visitors, users, clients and prospective clients and respect the rights they may have in certain information provided to us. As such, this Privacy Statement is intended to provide an overview of the information we collect in connection with the Website and how we use, process and store such information.
Consent to Collection
If for any reason you do not agree with any provision set forth in this Privacy Statement or have any questions regarding same, please DO NOT ACCESS OR USE OUR WEBSITE. You can send your questions to us at firstname.lastname@example.org. PLEASE BE ADVISED, IN THE EVENT THAT YOU CHOOSE TO ACCESS AND USE THE WEBSITE, YOU ARE INDICATING YOUR EXPRESS CONSENT AND AGREEMENT TO ALL TERMS AND CONDITIONS OF THIS PRIVACY STATEMENT AND THE MANNER IN WHICH WE COLLECT, USE, PROCESS AND STORE ANY INFORMATION THAT MAY BE COLLECTED FROM YOU IN CONNECTION WITH YOUR USE OF THE WEBSITE. YOU FURTHER UNDERSTAND, ACKNOWLEDGE AND AGREE THAT THE COLLECTION, USE, PROCESSING AND STORAGE OF THE INFORMATION MAY TAKE PLACE BOTH INSIDE OR OUTSIDE OF THE UNITED STATES AND/OR THE EUROPEAN UNION, INCLUDING CERTAIN COUNTRIES, TERRITORIES OR JURISDICTIONS THAT MAY HAVE DIFFERENT STANDARDS AND LAWS, SOME OF WHICH MAY OR MAY NOT BE LESS STRINGENT THAN THOSE OF THE UNITED STATES OR THE EUROPEAN UNION. MOREOVER, YOUR ACCESS AND USE OF THE WEBSITE CONSTITUTES THE GRANT OF A NON-EXCLUSIVE, WORLD-WIDE, ROYALTY FREE AND PERPETUAL LICENSE TO OPEN HOSPITALITY, ITS SUBSIDIARIES, AGENTS AND AFFILIATES TO USE THE INFORMATION THAT WE COLLECT IN ACCORDANCE WITH THIS PRIVACY STATEMENT. In addition, some pages and/or sub-sites on this Website with restricted access (for example, intranets, extranets and client administrative areas) or located in foreign jurisdictions may require separate, additional or special privacy disclosures which are posted on the appropriate sections of those pages or sub-sites.
Types of Information Collected
Open Hospitality gathers two general types of information about visitors, users, clients and client customers: Aggregate and Non-Personal Information which doesn't relate to a single identifiable individual (such as data associated with your unique Internet Protocol (“IP”) Address, web browser and operating system or client business information regarding hotel room rates, availability and special promotions (collectively, the “Non-Identifying Business Information”)) and certain Personally-Identifiable Information which does relate to a single identifiable individual (such as a name and email address, or any other information which a visitor or user who is not a client might optionally and voluntarily choose to provide to us through the “Contact Us” and “Careers” sections of our Website or, in limited instances, information regarding our clients' customers, like a name and address, which a client may provide in connection with their use of the administrative subdomain of this Website (the “Subdomain”)).
How Information is Collected
Aggregate and Non-Personal Information
Some of the Aggregate and Non-Personal Information is collected through the use of “Cookies.” Cookies are small bits of text which are dropped onto your computer's hard drive when you access our Website. Cookies are used by many companies in many industries to save certain information about users and clients, such as any preferences they may have with regard to a particular website and to help facilitate their subsequent use of that website. Cookies allow us to see what sections or pages of the Website you have visited and help us determine which areas may be more popular than others and which areas we may need to modify or redesign.
We also may, from time to time, collect Personally-Identifiable Information by allowing you to contact us via the Website with questions about our products or services, potential career opportunities or other business issues and opportunities. This occurs when you utilize the “Contact Us” and/or “Careers” section of the Website and send us an email, via the Website, requesting information. In such case, we will collect your email address and any other information that you elect to send to us. Use of such sections of the Website is strictly optional and voluntary. We do not require you to register or sign in order to use or access or Website, unless you are an existing client of ours, in which case a separate, authorized log-in application exists. If you are an existing client and your access and use of certain sections or pages of the Website (including for example, the Subdomain) is authorized by us, we will collect your administrative log-in/password. The administrative log-in/password allows us to identify a particular client and enables us to direct the client to the correct section or pages of the Website or a sister website.
In certain limited instances, we may also collect some Personally-Identifiable Information from clients that may voluntarily enter such information about their customers (like a name, home address, email address, phone number or credit card number) into the webpages on the Subdomain. We do not control what information our clients provide to us through the Subdomain and do not require that clients provide to us any Personally-Identifiable Information about their customers. Personally-Identifiable Information entered by clients through the Subdomain is not used by us for any purposes other than providing services to our clients pursuant to our agreement with them.
How the Information is Used
Aggregate and Non-Personal Information
As described above, we use Aggregate and Non-Personal Information to determine how many individuals have visited our Website and what sections or pages they accessed and used. This information allows us to better tailor our products and services to Website users and clients or prospective clients. We also use the Non-Identifying Business Information clients provide through the Subdomain to provide products and services to them pursuant to our agreement.
Except as set forth below, we don't sell, transfer or otherwise disclose to third parties any Personally-Identifiable Information we collect on our Website (including our Subdomain) without your prior consent.
- We may disclose Personally-Identifiable Information where we believe, in our discretion, that such disclosure is necessary to investigate or prevent a criminal act or injury to our business or others. We may also disclose such information if it is requested from a government agency or official or law enforcement authorities.
- We may disclose Personally-Identifiable Information to certain third-parties, whom we have a contractual or other relationship with, where the third-party is providing services for us and such information is needed in connection with such services.
- We reserve the right to transfer any Personally-Identifiable Information to any individual or entity that may acquire a portion or all of our business, stock or assets. In the event such a transfer occurs, we will use reasonable efforts to try to require the acquiring individual or entity to collect, use, handle and store such information provided through this Website in a manner which is consistent with this Privacy Statement.
In the event that the Website includes any hyperlinks to websites which are owned, controlled or operated by a third-party (“Third-Party Site”) and you click on such hyperlink to access such a Third-Party Site, you may or may not leave the OPEN HOSPITALITY Website and if you leave the OPEN HOSPITALITY Website, you are hereby advised that such Third-Party Site may or may not have a materially different Privacy Statement and/or standard for collecting, using, processing and storing your information, whether it is Aggregate Non-Personal Information, Non-Identifying Business Information or Personally-Identifiable Information. You understand, acknowledge and agree that OPEN HOSPITALITY has no control over such Third-Party Sites and is not responsible in any manner for their operation or performance, Privacy Statement, information collection practices and/or data security measures. Moreover, the inclusion of a hyperlink does not imply any endorsement or recommendation of any of the companies, products or services or any material or content found on any such Third-Party Site.
OPEN HOSPITALITY endeavors to create and utilize reasonable and appropriate procedures to protect and safeguard the information you send to us and we maintain certain technical, operational, administrative and physical safeguards to protect against unauthorized access, use, disclosure, dissemination, modification, alteration or destruction of information that we collect on this Website. However, we do not control the transmission of information over the internet or through certain service providers and there are many technical and other uncertainties associated with such transmissions. As such, we cannot guarantee or warranty the security of such transmissions or the information provided therein or the effectiveness of any security measures we have undertaken. Accordingly, you understand, acknowledge and agree that in no event shall Open Hospitality, Inc., its subsidiaries, affiliates and/or agents or any of their respective officers, directors, shareholders, consultants, employees, vendors, suppliers or insurers be liable, directly or indirectly, for any claim, loss, expense or damage, of any kind, resulting from, in connection with, or arising out of, in the broadest sense, your access and use of the Website and the transmission of information to us. THEREFORE, YOU DO SO AT YOUR OWN RISK.
No Warranty/Accuracy of Information
You understand, acknowledge and agree that numerous technical, operational and/or other uncertainties exist in connection with your access and use of the Website and your transmission of information to us, and therefore, we cannot make any warranty, guarantee or representation of any kind concerning the accuracy, thoroughness, completeness, or currency of your information, nor over our ability to control, correct, access, handle, process, update, store, use or transfer such information. AND, ACCORDINGLY, ANY AND ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED.
Updates and Changes to the Privacy Statement
OPEN HOSPITALITY expressly reserves the right, in its sole and absolute discretion, to modify, alter or otherwise update this Privacy Statement ("Revised Statement"), in whole or in part, at any time, without prior notice. However, each time there is a change or modification to the Privacy Statement, we will note the date of the revision and post the Revised Statement to the Website. The Revised Statement shall be effective upon posting, and shall thereafter govern your rights and our obligations with respect to the collection, use, processing and storage of your information. It is your responsibility to check the Website each time you seek to access and/or use it to determine if the Privacy Statement has been changed, modified, amended or supplemented. You understand, acknowledge and agree that your continued access to and use of the Website subsequent to the posting of any such Revised Statement signifies your agreement with same.
Changes to your information
If you seek to change, update or correct certain information that you have previously provided to us or you wish us to permanently delete such information, you may send an email with the requested changes to email@example.com and we will endeavor to update the information.
U.S. - EU Safe Harbor Privacy Statement
For personal information of employees, consumers, healthcare professionals, medical research subjects and investigators, customers, investors, and government officials that Open Hospitality receives from the European Economic Area, Open Hospitality has committed to handling such personal information in accordance with the Safe Harbor Principles. Open Hospitality's Safe Harbor certification can be found at http://web.ita.doc.gov/safeharbor/shlist.nsf/webPages/safe+harbor+list. For more information about the Safe Harbor Principles, please visit the U.S. Department of Commerce's Website at http://export.gov/safeharbor/.
Limitation of Liability
IN NO EVENT WILL OPEN HOSPITALITY, INC. OR ANY OF ITS SUBSIDIARIES, AFFILAITES OR AGENTS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, CONSULTANTS, EMPLOYEES, VENDORS, SUPPLIERS OR INSURERS BE LIABLE, DIRECTLY OR INDIRECTLY, TO YOUR OR ANY OTHER PERSON OR ENTITY FOR ANY CLAIM, LOSS OR DAMAGE (INCLUDING, WITHOUT LIMITATION, ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) RESULTING FROM, IN CONNECTION WITH, OR ARISING OUT OF, IN THE BRAODEST SENSE, YOUR ACCESS AND USE OF THE WEBSITE, THE SUBDOMAIN, THE TRANSMISSION OF INFORMATION TO US AND/OR OUR COLLECTION, USE, PROCESSING AND STORAGE OF ANY AND ALL SUCH INFORMATION.
© 2011 Open Hospitality Inc. All Rights Reserved.