I. INFORMATION PURSUANT TO THE INFORMATION SOCIETY SERVICES ACT
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.
The portal-interactiv.com reservations platform, accessible through the iberostar.com website, is operated by the sole shareholder corporation PORTAL INTERACTIV, S.L. (herein referred to as the website owner), with registered offices at Av. Ernesto Sarti, Nº 5, 38670 Adeje - Tenerife and assigned Tax Identification Number B38803953, recorded in the Business Registry of Santa Cruz de Tenerife in Volume 2673, Folio 137, Page TF-35660, Major-Minor Travel Agencies holding Title-License Identity Code I.C. Nº 74, issued by the Canary Islands Government Department of Tourism, pursuant to the provisions set forth in the Travel Agency Regulations by the said Autonomous Community and by any other applicable regulation.
In addition to the registered offices, users may send any requests, questions or complaints to the following email address: email@example.com.
1. NAVIGATION DATA HANDLING
a) The internet service provider (ISP) domain name and/or IP address providing internet access. For example, a user from provider xxx will only be identified by the domain name xxx.es and/or the IP address. This information is used to develop a statistical analysis of the countries or servers that most frequently access the website.
b) The date and time of the user's latest access of the website. This information aids in identifying the site's peak traffic hours and allows for adjustments to avoid overload.
c) The internet address hosting the link to the website. With this piece of data, the effectiveness of banners and links to the server shall be monitored and those with the best results offered.
d) The number of daily visitors to each section. This information reveals the most popular areas of the website and allows the website owners to improve and upgrade the content of those sections, thereby increasing user satisfaction.
By collecting this data, the following information can be obtained:
a) The date and time of the user's last visit to the website.
b) The content design chosen by the user.
c) The security elements in the access control of restricted areas.
Although all of the information obtained is anonymous, pursuant to Report 327/2003 by the Spanish Data Protection Agency, you are hereby informed that the said information shall be stored in a personal data database owned by IBEROSTAR HOTELES Y APARTAMENTOS S.L. (www.iberostar.com) and by PORTAL INTERACTIV, S.L. (www.portal-interactiv.com) for the aforementioned purposes. The user may exercise his or her right to access, correct, cancel or decline their personal information as indicated below.
In addition, the website implements the Google Adwords Remarketing tool to publish advertisements based on users' previous visits to our website in the Google Network (additional information on the Google Network is available at http://adwords.google.com/support/aw/bin/answer.py?hl=es&answer=6104). Because of this tool, some of the website's pages include remarketing tags that read and configure cookies in the user's browser that, in turn, choose the type of ads that will be displayed to the user according to the elements related to the visit, such as selected navigation route, sites visited or tasks performed on each page. Remarketing lists are then stored in a database in Google's servers where all of the cookies IDs are stored in relation to each list or category. The information obtained is used only to identify a specific browser; notwithstanding, Google is not permitted to identify a specific user based on such information (additional information on the remarketing tool is available at http://adwords.google.com/support/aw/bin/answer.py?hl=es-419&answer=173945)
Iberostar may only associate this information with a specific user if the user is identified on the website, e.g. for having completed a reservation. In such case, the data obtained shall be stored in a database administered by IBEROSTAR HOTELES Y APARTAMENTOS S.L. for advertising and market segmentation purposes according to the interests shown during navigation. Users may exercise their right to access, correct, cancel or decline their personal data at any time as indicated below.
The user has the option to not accept cookies or to be informed of their settings by enabling them in their browser accordingly. Nonetheless, disabling cookies may limit the full functionality of the website available to the user.
In regards to remarketing cookies, the user has the option to block Google cookies by visiting the Google Privacy page. (http://www.google.com/mx/privacy_ad.html)
The user may also disable DoubleClick cookies by visiting the DoubleClick disable page. (http://www.doubleclick.com/privacy/dart_adserving.aspx)
To disable cookies from third parties, the user may select the opt-out tool on the Network Advertising Initiative (NAI) website. (http://wwww.networkadvertising.org/managin/opt_out.asp)
2. PERSONAL DATA HANDLING
2.1. DATABASE INFORMATION. Pursuant to Law 15/1999, of December 13, on Personal Data Protection (LOPD), you are hereby informed that your personal information shall be stored in a database administered by IBEROSTAR HOTELES Y APARTAMENTOS S.L., unless stated otherwise. In general, form fields marked as required on the website must be filled for the correct processing of such forms.
2.2. PURPOSES OF DATA HANDLING AND DATA TRANSFERS
REGISTRATION FORM: The personal information collected from this form shall be used to process user registrations, as well as for user account management, user relationship management and restricted content access control.
CONTACT AND REVIEW FORMS: The personal information collected from these forms shall be used to process requests, suggestions or complaints, as well as improve the quality of the website and its services. The personal data entered into contact forms by the user shall be communicated to the intended addressee, if and only if, the user grants his or her express consent to the international transfer of such personal data when the addressee is located outside of the European Economic Area. Contact forms addressed to "Online Sales" shall be transferred to a database administered by PORTAL INTERACTIV, S.L., for the aforementioned purposes.
User comments and ratings of Iberostar hotels included in review forms shall be published on the website together with the usernames, thereby becoming public information. As such, the user should exercise caution when posting personal information to the website and should use the application for its intended purpose when publishing comments. In particular, by not exclusively, the user shall refrain from entering information or comments that:
- Involve illicit or illegal activities or actions against good faith or public order;
- Disseminate racist, xenophobic or pornographic propaganda, support terrorism or threaten human rights;
- Contain violations of intellectual or industrial property law;
- Affect the image of third parties;
- Introduce or spread computer viruses or other software or hardware that may harm computer systems;
- Use other users' personal email accounts or information to manipulate their messages.
IBEROSTAR HOTELES Y APARTAMENTOS S.L. reserves the right to remove or refuse to publish those comments and contributions that fail to comply with the aforementioned stipulations, especially those that might damage human dignity; carry discriminatory, xenophobic, racist or pornographic contents; constitute a threat to childhood or youth in addition to public safety or order; or are considered to be inappropriate.
Pursuant to Article 16.1 of Law 34/2002, of July 11, on Information Sharing and E-Commerce, IBEROSTAR HOTELES Y APARTAMENTOS S.L., shall not be held liable for the information stored upon users' requests nor for the opinions expressed by them. Neither shall it be held liable for the accuracy, quality, reliability or truthfulness of the information provided by users. Notwithstanding the preceding, the user whose personal data is contained in comments or posts published on our website can, at any time, exercise his or her data cancellation rights, pursuant to Article 16 of Law 15/1999, of December 13, on Personal Data Protection (LOPD), as stated in the RIGHTS OF THE INTERESTED PARTY section.
2.3. DATA HANDLING FOR ADVERTISING, CUSTOMER LOYALTY OR BUSINESS PROFILES. In the event that the user consented to various Iberostar forms such as customer loyalty or personalized services, the user's personal information will be stored in a corresponding database and special communication, including electronic, telephone and personalized marketing correspondence regarding Iberostar Group tourist products and services from our own group or from third parties in the travel and tourism sector, or in other industries like the automotive, entertainment, art and culture, training, telecommunications, finance and insurance. The user hereby consents to receiving communication from Iberostar Group for the hiring or rendering of services that shall access his or her personal information as a user for the personalization of said services, hereby consenting to the international transfer of the aforementioned information when said business are located outside of the European Economic Area. The user may exercise his or her right to revoke the provided consent as indicated in the RIGHTS OF THE INTERESTED PARTY section below.
NORTH AMERICAN USERS. In the event that the consenting user resides on the North American continent, with the exception of Cuba, the user's personal data shall be shared with Visit US, Inc., a US tourist marketing company, which shall, in turn, share information related to said products with the user by electronic communication.
3. RIGHTS OF THE INTERESTED PARTY.
The user may exercise his or her right to access, correct, cancel or decline his or her personal information by writing to the appropriate Database Administrator listed below. The user should include a copy of his or her national identity document (DNI) or passport with the request.
§ IBEROSTAR HOTELES Y APARTAMENTOS S.L., Customer Services Department, at its registered offices indicated above or by email at firstname.lastname@example.org
§ PORTAL INTERACTIV, at its registered offices indicated above or by email at email@example.com
§ VISIT US, Inc., at its registered offices at Le Jeune Road, Suite 704, Coral Gables, FL 33134, United States of America.
Throughout the website, the user may access information regarding hotels belonging to the Iberostar Group, including room details, rates and hotel searches by destination or price.
These general terms shall be understood notwithstanding the specific terms collected from the website.
By using this website, the user agrees to being at least eighteen years of age. If the user is younger than eighteen years of age, he or she shall obtain the prior consent of from his or her parents, teachers or legal representatives, of whom are considered to be responsible for all actions taken by minor children under their supervision.
The user is obligated to make proper use of the website as well as any related services in accordance to law, morals and public order as well as the provisions set forth in these general terms and the relevant specific terms. The user shall also refrain from using the aforementioned applications in any manner that may impede the normal functioning and enjoyment of its users or cause damage to the property or rights of the website owners, their providers, users, or any third party in general.
(a) To not introduce, store or disseminate any computer program, data, virus, code or other instrument or electronic device capable of causing damage or change or impeding the normal functioning of the website or its affiliate service or onto the hardware, systems or networks of the website owners, its providers or any third party or user.
(b) To not use false identities or impersonate the identity of others while accessing the website or its affiliate services, including, where deemed appropriate, the use of passwords, third party access codes or any other device.
(c) To not conceal or falsify in any way the origin of email messages; to block, erase or modify other users' email messages; or send mass email messages.
(d) To not destroy, alter, disable or damage the data, information, programs or electronic documents of the website owners, their providers or third parties.
(e) To not use the contents, particularly the information obtained within the website, for marketing, sales or other commercial use or for collecting or storing the personal data of third parties.
(f) To not introduce or disseminate any information that is defamatory; slanderous; obscene; threatening; xenophobic; violent; or discriminatory against sex, race, ideology or religion or that threatens morals, public order, fundamental human rights, public freedoms, honor, privacy or the image of third parties and current standards in general.
In the event that any user considers that facts or circumstances exist which reveal he illicit nature of the use of any content and/or the execution of any action on the website or features contained therein, an email notification shall be sent to the website owners at firstname.lastname@example.org.
An option guide is located on the website for users' reference.
Intellectual and industrial property
The user hereby agrees that all elements contained in the website and in its rendered services, information and materials contained therein, structure, selection, organization and presentation of contents and computer programs used in relation to the said website are protected by the intellectual and industrial law of the respective website owners or of the third parties.
Except were authorized by the website owners, or where applicable by third parties' rights or where deemed appropriate by the law, the user shall not reproduce, change, modify, disassemble, reengineer, distribute, rent, render or make available or accessible any of the elements referred to in the preceding paragraph by means of any form of public communication. In no case shall it be understood that any license is issued; that any revocation, transfer or termination, in whole or in part, of said rights is made; or that any right or expectation of right of change, exploitation, reproduction, distribution or public communication in regards to the said contents is conferred without the prior express authorization of PORTAL INTERACTIV or other relevant owners.
The user shall use the materials, elements or information accessed on the website and each of the corresponding affiliate services solely for the purposes deemed necessary, thereby agreeing to not make any direct or indirect commercial licensing nor any licensing of services, elements and information obtained therein.
The user shall refrain from removing any intellectual, industrial or relevant rights such as trademarks or copyrights belonging to the website owner, affiliated service and associated third party. Furthermore, the user shall refrain from avoiding or manipulating any technical device established by the website owner or third parties, including the website or any of its services, materials, elements or information obtained therein, for the protection of his or her rights.
It shall be the exclusive responsibility of the registered user to maintain a password with the utmost confidentiality to access the website's restricted areas, thereby assuming any damage and consequences resulting from the violation or revelation of such password. For security reasons, the user may change his or her password at any time.
The website owners agree to take all necessary measures to guarantee the availability and continuity of the website as well as its affiliate services. Nonetheless, the website owners do not guarantee that the website and its affiliated services shall function correctly at all times or that the user shall be able to access and use the said applications in a fast, uninterrupted and error-free manner. Likewise, the website owners make no guarantee as to the content and capability of the website or any of its affiliate services to satisfy the specific needs of the user.
The website owners shall act diligently, according to generally accepted industry practices, to avoid the presence on its website or affiliated services, of any virus or other harmful element that could cause changes to the user's computer, electronic file or databases, but cannot guarantee the absence of such elements, thereby being held free of liability of damages that could arise.
The website owners do not control, create nor guarantee the accuracy, quality, truthfulness or capability of the information or services facilitated or rendered by third parties by means of the website. Likewise, the website owners do not control or guarantee the absence of any virus or other harmful element in the information or services facilitated or rendered by third parties by means of the website.
The website owners do not guarantee the technical availability, quality, reliability, accuracy or truthfulness of the information and services available on sites administered or belonging to third parties, of which the user can access via links on the website. The website owners neither control the content of said websites nor offer or market the product or services available on those linked sites; the website owners heretofore do not assume any resulting liability.
The user assumes any risk by accessing the website, thereby freeing the website owners from any liability resulting from interference; interruption; computer viruses; network failure or disconnection; delays or blockages caused by defects or overloads in the central data processors, telephone lines, internet system or other electronic systems; or from any other change introduced to the user's software or hardware.
Moreover, the website owners shall not responsible for damages resulting from third parties by means of unlawful interference outside of its control. Neither will the website owners be responsible for damages resulting from the use or misuse of the website nor for damages that may arise from errors, defects or omissions in the content provided by third parties that may appear therein, the third party being, for these purposes, the selected hotel.
Applicable law and jurisdiction
These general terms are governed by Spanish law, and any dispute that may arise with respect to the use of the website or its affiliated services will appear before the Courts of Justice in the city of Adeje, Tenerife, Spain, with the parties expressly waiving any other jurisdiction.
In the event the user is domiciled outside of Spain, the website owners and the users will appear before the Courts of Justice in the city of Adeje, Tenerife, Spain, with parties expressly waiving any other jurisdiction.