Last Updated: September 2014
Effective Since: January 2004
- What Information is Collected About Me?
- How is My Information Used?
- How Can I Change My Information or Preferences?
- What About Cookies and Web Beacons?
- What Information is Collected From Children?
- What Websites Does This Policy Cover?
- How Do We Protect Personal Information Collected on This Site?
- What Happens to My Information if There is a Corporate Change of Control?
- What About Policy Modifications?
- How can I ask a Question or Raise a Concern?
1. What Information is Collected About Me?
We may collect two types of information about you when you visit the Site, personal and non-personal (or aggregated) information. The term "personal information" refers to data you voluntarily provide in connection with the use of the Site that identifies you and/or the company on whose behalf you are accessing and using the Site. Personal information includes, for example, data submitted in connection with our services, such as your name, e-mail address, phone number, company affiliation, physical address and/or certain other personal information. We may ask you for personal information when you request information from us, enter a contest or promotion sponsored by us, or when you report a problem with the Site. The information we collect on or through the Site may also include records and copies of your correspondence, if you contact us, your responses to surveys we may ask you to complete for research purposes, details of transactions you carry out through the Site, and the fulfillment of your orders. We are working closely with certain third parties (including, for example, business partners, contractors in technical, payment, and delivery services, advertising networks, analytics providers, and search information providers) and we may also receive personal information about you from them.
Rosewood may also collect non-personal information, or “aggregated data,” from you when you visit the Site. The term "aggregated data" refers to general information regarding visitors and users of the Site that relates to use of the Site (e.g., traffic patterns, number of visits to certain pages, visits from other web sites or to third-party web sites linked to the Site, use of particular services and interest in services, information or features of the Site or other parties made available through or found at the Site). Additionally, with regard to each of your visits to our Site, we may automatically collect certain types of technical information, including, for example, the Internet Protocol (“IP”) address used to connect your computer to the Internet, your browser type and version, time zone setting, language setting, browser plug-in types and versions, and operating system and platform.
2. How is My Information Used?
We use the personal information you provide to respond to your requests and to allow you to participate in our promotions, surveys, subscribe to our e-mail or postal mail lists, or provide you with information or services. We may in some cases use this information to inform you of special offers that may be forthcoming or products and services offered by our affiliates or business partners. To do these things, we may share your personal information with our affiliates or others who work for us (including, for example, business partners, contractors in technical, payment, and delivery services, advertising networks, analytics providers, and search information providers).
Aggregated data about your Site visit is used to improve the Site and to guide the development of new features and services. We monitor aggregated data regarding use of the Site for marketing purposes and to study, improve, and promote use of the Site. In connection with such purposes, Rosewood may share aggregated data with third parties collectively, in an anonymous way, which does not reveal personal information about individual Site users, or identify who they are or how to contact them.
To the extent required or permitted by law, any information regarding the use of our web sites (personal and non-personal) may be disclosed to government authorities or third parties pursuant to a legal request, subpoena, or other legal process. We may also use or disclose your information as permitted by law to collect debts, fight fraud, or protect the rights or property of Rosewood Hotels & Resorts, our customers, our web sites, their users or third parties, or when we otherwise believe in good faith that the law requires it.
3. How Can I Change My Information or Preferences?
If you have opted to receive communications from Rosewood Hotels & Resorts, and need to change your information, such as your mailing address, e-mail address, etc., you must unsubscribe and then register or submit your personal information anew.
4. What About Cookies and Web Beacons?
Web beacons, also called web bugs, pixel tags, or clear GIFs, help us measure the effectiveness of our online advertising and/or e-mail campaigns by, for example, counting the number of individuals who visit our website or the number of individuals who open or act upon an e-mail message. We may allow third parties to compile information or aggregated statistics from our use of web beacons to help them assess the effectiveness of online marketing and to enable us and our advertisers to deliver more targeted advertising opportunities. This means that users see advertising more likely to be of interest to them, and advertisers send their messages to people who are most likely to be receptive, improving both the viewer's experience and the effectiveness of the ads.
5. What Information is Collected From Children?
Please be aware that Rosewood has not designed this Site for, and does not intend for it to be used by, anyone under age 13. We do present information regarding our Rose Buds® program on this Site for the reference of adults that are interested in activities at our locations for children. Accordingly, this Site should not be used by anyone under age 13 without adult supervision. If you are under 13, please do not provide personal information of any kind whatsoever. Should Rosewood inadvertently acquire personal information or other data from users under the age of 13, Rosewood will not knowingly provide this data to any third party for any purpose. If a child does provide us with personal information over this Site, a parent or guardian of that child may contact us and upon notification, we will delete from our records any information collected from children under the age of 13.
6. What Websites Does This Policy Cover?
We are not responsible for the privacy policies or the actions of any third parties, including without limitation, any web site owners whose sites may be reached through this Site, nor can we control the activities of those web sites. We urge you to contact the relevant parties controlling these sites or review their on-line policies to obtain information about their data collection practices before submitting any personal information or other sensitive data.
7. How Do We Protect Personal Information Collected on This Site?
E-mail communication to and from our web site is not secure unless clearly noted otherwise. This is a risk inherent in the use of e-mail. Please be aware of this when requesting information or sending information or forms to us by e-mail.
We take reasonable precautions to protect from loss, misuse, and unauthorized access, disclosure, alteration and destruction, our internal database created from online activity on the Site. However, Rosewood does not warrant or represent that its level of security meets or exceeds any particular standard. You should keep in mind that no Internet transmission or storage database is wholly secure or error-free.
8. What Happens to My Information if There is a Corporate Change of Control?
In the event of a corporate change in control resulting from, for example, a sale of the company or its assets to another entity, or merger with another entity, Rosewood reserves the right to transfer your personal information to the new party in control.
9. What About Policy Modifications?
10. How can I ask a Question or Raise a Concern?
If you have questions or concerns about our policies or data use, please call 214.880.4200 or e-mail us at firstname.lastname@example.org. You may also write to us at:
Rosewood Hotels & Resorts
Attn: Corporate Marketing
500 Crescent Court, Suite 300
Dallas, Texas, 75201
NOTE TO USERS IN EUROPEAN UNION AND OTHER COUNTRIES WITH DATA PROTECTION LAWS:
• Rosewood processes data complying with all applicable laws of the United States and other jurisdictions where it operates; this means Rosewood complies with laws requiring it to comply with legal process.
Definitions Applying to this Agreement: "You," the "user," or "users" include you, your parent, affiliate, subsidiary and related companies, and the officers, directors, employees, agents, representatives, personnel, independent contractors, consultants, subcontractors, licensors and other third-party providers of yours and theirs. "Rosewood" and "Owner" mean Rosewood Hotels and Resorts, L.L.C. and includes any affiliated companies it may have. "Site" means the Internet web site known by the universal resource locators ("URLs") and domain names: http://www.rosewoodhotels.com, http://www.rosewoodelite.com, http://www.rosewoodgiftcard.com, and http://www.rosewoodissues.com. "Information" means and includes: (1) all text, content, data, information, video, audio, images, messages, advertising, marketing, promotional, and other materials and items that are published, provided, presented, found, offered, described and/or made available at or through the Site, regardless of whether Rosewood or a third party is the original author of, or is responsible for, the information; and (2) all pages, areas and parts thereof that are accessible and made available to the user; (3) "Trademarks" (as defined herein); and (4) “Documents” (as defined herein) "Documents" means materials and documents of Rosewood or third published or found at or through the Site.
Ownership of the Site & Information: This Site is owned and operated by Rosewood. The Information found at the Site, whether provided by Rosewood independently or in conjunction with other parties, is copyrighted material of the respective owner and protected by the terms and conditions of this Agreement and other terms and conditions found at the Site and by the statutes, regulations, ordinances, judicial and governmental decisions, requirements and other laws of the 50 states, as well as of the federal government of the United States of America, including without limitation, those governing agreements, contracts, commercial engagements and those protecting intellectual property and other proprietary rights, and U.S. and international copyright laws and other law. All logos, page headers, custom graphics, images, buttons, graphics, icons, symbols, trade names, trademarks, service marks, and other names, descriptions, brands and marks, whether registered or not ("Trademarks") found at the Site or in the Information or Documents are owned by Rosewood or others, and are protected by such laws, including those specifically addressing rights of trademark owners. In addition, the hardware and software components, electronically-stored databases, and individual items within those databases that comprise the computer networks and systems that operate the Site and are used to make Information available at the Site also belong to Rosewood and, in some cases third-party providers, and also represent the proprietary property of Rosewood or its third-party providers.
No Rights to Rosewood or Third-Party Provider Property: Neither Rosewood nor its third-party providers are granting or transferring to you or any other person or entity, by virtue of access or use of this Site, any title or any ownership rights or interests in any Information found at the Site or accessed or used through it, including without limitation the Trademarks, or any other Information or asset belonging to Rosewood or a third-party provider.
Linking: Without limitation, Rosewood reserves the right to have any link(s) to the Site removed at our request for any reason at any time. Creation of any links(s) from your own website, any third party website or your personal computer must comply with this Agreement. You may create a link from your personal computer or web site to the Site home page for your personal use.
Limited Rights to Use the Site: On the condition that you agree that your use is governed by the terms and conditions of this Agreement, Rosewood hereby grants you a limited, non-exclusive, non-assignable, non-transferable, revocable license to access and use the Information found at the Site at the Site for the limited purposes expressly permitted in this Agreement. You may view, display, download into the memory of your own personal computer and make one printed copy of the Information found on the pages of this Site; provided, however, (1) that you do so only for purposes of receiving, accessing, analyzing and using the Information made available at the Site in accordance with the terms and conditions hereof, for your personal, non-commercial use only; and (2) that you do not remove, alter, change, obscure or delete any copyright, trademark, or other proprietary notice or legal notices in or on any portions of the Site. No rights are granted to you except those expressly stated here.
Registration/Passwords/Site Security: If, at any time, Rosewood requires registration in order to access or use any areas or Information at this Site, you agree to: (a) provide true, complete, accurate and current data, as requested in the registration process (the "Registration Data"); (b) maintain and update the Registration Data promptly as required herein; (c) prevent unauthorized access or use by you or others by use your user identification number and/or passwords; (d) report any unauthorized use or disclosure of your password or other breach of Site security to Rosewood; and (e) not assign or transfer (or attempt to do the same) any rights granted to you under this Agreement. Rosewood reserves the right to suspend, and/or to refuse any further, access or use of the Site or Information, if Rosewood learns or reasonably suspects that your Registration Data is false or inaccurate, if you refuse to provide complete and updated registration information, or you misuse or permit another to use your password who is not authorized to do so.
Restrictions, Limitations and Conditions Applicable to Your Use of this Site: As a condition of your rights to access or use this Site, you must use the Site and all Information found at the Site for lawful purposes only and only as expressly permitted in this Agreement. As a condition of your access and use rights to the Site and Information, you agree to not do any of the following, in any manner whatsoever, alone or through any other person or entity, and your compliance is something that Rosewood, in its sole and absolute discretion, shall determine:
- Copy, reproduce, store, resell, rent, lease, grant a security interest or transfer a right in, sublicense, distribute, redistribute, broadcast, transfer, publicly display, publish, adapt, modify, translate, create derivative works from, time-share, de-compile, reverse-engineer, reverse-compile, export any information or technology from, or allow any access to or use of except as expressly authorized in this Agreement, the Site, or of any part thereof;
- Restrict or inhibit any authorized users from accessing or using the Site, Information, or Documents;
- Transmit to or introduce at the Site any viruses or harmful software, program, code, utility, material, routine or material or thing intended to damage, interfere with, disrupt, intercept or expropriate the Site, the Information at the Site or any other system, program, network, web site, data, information, or activities associated with those items ("Viruses"), or otherwise implement or engage in on-line activities, attacks or actions in a manner that involves, or with a purpose of creating, a disruptive, surreptitious, detrimental or other harmful effect, including without limitation, by excessive use of scripts, sound waves, scrolling (repeating the same message over and over), or by means of hacking, or denial of service events ("System Attacks");
- Impersonate any person or entity or falsely state or otherwise misrepresent your professional or other identity or affiliation or that of anyone else, or provide false, inaccurate or misleading information in connection with accessing or using the Site; or
- Use the Site for any purposes that are unlawful or illegal or that could give rise to civil or criminal liability or actions against Rosewood, you, or any third party.
- Use the Site, the Information, or the Documents for any unlawful or illegal purposes or post, submit, upload, e-mail or otherwise transmit any information, documents, materials or communications at, to or through the Site that would constitute a violation of, or engage in or encourage conduct that violates any law, regulation, or legal requirement or any local, state, national, or international governmental entity.
- Post, submit, upload, e-mail or otherwise transmit any content, material or other thing at, to or through the Site that (1) is threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, indecent, harassing, derogatory, rude, abusive, offensive, hateful, or otherwise objectionable in any way (including, e.g., to anyone because of race, ethnicity, gender, national origin, age), or that may harm minors, or is unlawful in any similar or other way; (2) infringes or violates the rights of others, including without limitation, copyright, trademark, trade secret, or other intellectual property and proprietary rights, privacy, or publicity rights; or (3) has an advertising, marketing, promotional, or other business or commercial purpose.
Responsibility and Liability for Use: You shall be solely liable for any lawsuits, claims, proceedings, actions, harm and other liability, or any damages, losses, expenses, fees, judgments, awards, penalties, settlement amounts, fines, or other costs associated therewith ("Damages") resulting from use or any misuse of the Site, Documents or Information, including without limitation, violation of the restrictions, limitations and conditions upon use and infringement of copyright, trademark or other proprietary right, and any other Damages.
Notice Regarding Links to Other Web Sites and Third-Party Documents and Information; Disclaimer by Rosewood:
Responsibility of Third Parties and the User: You are hereby advised and you acknowledge that the Information and Documents provided at the Site or a Linked Site are the sole responsibility of the owners or officers and their agents, representatives or brokers, and Rosewood is not responsible for any Documents, Information, services, content, or other statements or representations of third parties that Rosewood provides or makes available to you at or through this Site.
Disclaimers and Limitations of Liability: The following disclaimers and limitations of liability are made on behalf of Rosewood and its third-party providers:
Disclaimer of Warranties: All information and other materials, products, services and features on this Site are provided "as-is" - with all faults, imitations and errors - basis and without any representation, warranty or guaranty from Rosewood whatsoever, whether oral or written, express or implied or arising by statute or law or arising by virtue of custom of trade or course of dealing, including without limitation, any implied warranty of fitness for a particular purpose or application or warranty of merchantability, title or non-infringement, all of which Rosewood hereby disclaims.
Disclaimer Regarding Site Access: Rosewood shall have no responsibility to provide you with access to the Site or any linked site, or any Documents, Information, products, services, tools or features offered, accessed or used at or through the Site or any of the linked sites. Further, Rosewood shall not be responsible or liable for the timeliness or correct sequencing of, or any damages due to the unavailability during any period of interruption or delay in service of, any of the foregoing, regardless of the cause (whether equipment, software, system, utility, or data-line interruption or failure). Rosewood reserves the right to change the Site and to block or terminate access to or use of the Site at any time for any reason and without notice.
Limitations of Liability: You hereby acknowledge and agree that Rosewood is not responsible for any access or use by you of the Site or Information found or products, services, or other items purchased or acquired at or through the Site (or through any linked site or third party whose Documents or Information are found at the Site), or for any Damages caused by the same.
General Disclaimer of Damages: Rosewood has no responsibility or liability to you or anyone else for any damages that may result from or in connection with access or use of the site or Information at the Site or products, services or other items purchased or licensed at or through the Site, including without limitation, actual or direct damages or incidental, consequential, special or punitive damages of any kind, regardless of the legal theory upon which they are based. Rosewood hereby disclaims all such damages.
Indemnification from the User: You shall release, indemnify, defend, and hold Rosewood and its third-party providers harmless from and against all damages due to claims arising from or related to your access or use of this Site, and/or any Documents or Information obtained at or offered on the Site.
Access to the Site: You are solely responsible for providing, maintaining, supporting, operating and paying for all equipment, operating systems, browsers, applications, and other hardware, software, and system components, as well as telephone, cable, or data communications lines and connections, that are necessary to access and use the Site through the Internet. Rosewood reserves the right to refuse assistance to or to charge additional fees if you seek assistance from Rosewood regarding use of your system or equipment or basic background computer or Internet-use information or any other matters not directly related to the operation of the Site.
Child Protection Act Notification: Pursuant to 47 U.S.C. Section 230(d) as amended, Rosewood hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at: http://www.eff.org (which is the Electronic Frontier Foundation Web site) and at the Web site for America Links Up, http://kids.getnetwise.org.
Termination: Your rights to use this Site shall terminate immediately upon your violation of any of the terms, conditions or restrictions stated in this Agreement, without the necessity of Rosewood's sending you notice or otherwise advising you of your loss of rights. Termination or cancellation of this Agreement shall not affect any right or relief to which Rosewood may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will terminate and revert to Rosewood.
Claims Regarding Your Use of this Site: If Rosewood brings a lawsuit, claim or other proceeding against you to enforce this Agreement or brings you into one in connection with enforcement of the Agreement (a "Claim"), Rosewood shall be entitled to recover from you (and you agree to pay), in addition to all Damages that may be awarded, reasonable and necessary attorney's fees and any costs of litigation. This Agreement shall be governed by the laws of the state of Texas, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction. Further, any such Claim may only be brought in the state or federal courts located in Dallas, Dallas County, Texas. You agree to submit to the exclusive personal jurisdiction of such courts and hereby appoint the Secretary of State of Texas as your agent for service of process. If any provision of this Agreement is found to be unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision); and, as so reformed or modified, this Agreement shall remain fully enforceable.
Entire Agreement; Changes to this Agreement: The terms of this Agreement, as posted at the Site, constitute the entire and exclusive agreement between you and Rosewood regarding the Site and its use and supersede all other agreements, understandings and communications regarding the subject matter of this Agreement, if any, both oral or written, whether made prior or subsequently to or contemporaneously with your use of the Site. Rosewood retains the right to modify the terms or conditions of this Agreement at any time without notice or warning. You are bound to all changes Rosewood may make to these terms and, therefore, should periodically revisit these terms and review them to make sure you comply with all changes. If at any time you cannot comply with any of the terms and conditions of this Agreement, then you should terminate and discontinue all access to and use of the Site. Your use of the Site after a change to this Agreement has been posted constitutes your acceptance of those changes.
Modifications to this Site: Rosewood reserves the right to modify this Site at any time and, in its sole discretion, may make modifications to the Site, including without limitation, with respect to the Information, advertising, links, product, services and features found at the Site or acquired through it (of Rosewood and/or third-party providers).
Export Laws: Legal Compliance; Authorizations. You are responsible for obtaining and securing, and shall obtain and secure, any and all authorizations, licenses, and permits required by any United States or foreign governmental or judicial authority in connection with use of this Site, including without limitation, for the export of any data, software, documents, technology or other matter subject to export control laws and regulations or any governmental authority. Unless otherwise specified, the Information found at or accessible through this Site is presented solely to provide data regarding Rosewood and to promote Rosewood properties and, as applicable, third-party provider products/services available in the United States, its territories, possessions and protectorates. The Site is controlled and operated by Rosewood from its offices within the state of Texas, the United States of America. Rosewood makes no representation that Information found at or accessible through this Site is appropriate or available for use outside the United States. Users electing to access the Site from outside the United States acknowledge that they do so on their own initiative and are responsible for compliance with all applicable local laws. Software available at or accessible through this Site is further subject to United States export controls. No software may be downloaded or otherwise exported or re-exported (A) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Site, you represent and warrant that you (1) are not a national or resident of any such embargoed country, nor are you located in or under the control of one; and that you (2) are not on the aforementioned lists.
Notice and Procedure for Copyright Infringement Claim: Pursuant to 17 U.S.C. Section 512, as amended by Title II of the Digital Millennium Copyright Act (the "Act"), Rosewood reserves the right, but not the obligation, to terminate your license to use this Site if Rosewood determines in its sole and absolute discretion that you are involved in any activity that may be infringing, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Rosewood accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), as amended, Rosewood has implemented procedures for receiving written notification of claimed infringements and for processing such Claims in accordance with the Act. The designated agent of Rosewood to receive notification of infringement is:
Susan Aldridge, Rosewood Hotels & Resorts, 500 Crescent Court, Suite 300,
Dallas, TX 75201, email@example.com
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right, should be sent to the designated agent listed above and must include the following information:
A. A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site. Similarly for other types of infringing materials, a list of such materials.
C. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
D. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address.
E. 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 or other proprietary right owner, its agent, or the law.
F. 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 or on behalf of the person defamed.