Last Updated: 24 May 2018
The web site leguanahani.com (otherwise known as the “Site”), is published by Hotel Guanahani & SPA SAS (a French société par actions simplifiée) (hereafter “Guanahani”). Hotel Guanahani & SPA SAS is organized and existing under the laws of France and registered under n° RCS Basse Terre 332 773 613, with a share capital of EUR 56,711,074, with the Registre du Commerce et des Sociétés, whose registered office is located at Lieudit Marigot, Anse du Grand Cul-de-Sac, 97133 Saint Barthélémy, France. The publication director, and legal representative of the company, is Marc Stad, President.
The Site has been developed and conceived by: Pentagram, 204 5th Ave.; New York, NY 10010; +212 683 700; pentagram.com
The Site is hosted by: WP Engine, 405 Lavaca St., Suite 1000, Austin, TX 78701; T: 1 800 973 6446; wpengine.com
Grand Cul-de-Sac, 97133 St. Barthélemy, FWI
T: +590 590 52 90 00
II. INTELLECTUAL PROPERTY
The Site and any content featured or displayed on the Site, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations, data, files, trademarks, designs and models, as well as any software used in connection with the Site (hereafter the “Content”) contain confidential information or information protected by existing intellectual property right legislation or any other law. Unless specified otherwise, intellectual property rights relating to such Content are the exclusive property of Guanahani. Guanahani does not grant any license or any other right except for the right to access and use the Site. The reproduction of all or any part of the Content is authorized solely for personal and private use. Any and all reproduction and use of copies of the Content for other purposes are explicitly forbidden. Users may not copy, modify, create a derived work, reverse engineer, decompile, disassemble, grant, sublicense or transfer, in any way what so ever, any and all element of the Content or the Site.
1. Limitation of liability
Guanahani commits itself to ensuring, to the best of its ability, that the information posted on this Site is correct and up-to-date. Guanahani reserves the right to correct, at any time and without prior notice, the Content of the Site. However, Guanahani cannot guarantee the correctness, precision, thoroughness or completeness of the Content available on the Site and encourages Users to contact Guanahani directly. Guanahani does not control all risks related to the use of the Internet, and draws the User’s attention to the potential risks involved by the use of the Site. Guanahani shall not be held liable for: any Site interruptions; any bugs, display errors or error downloading the web pages of the Site; any errors or omissions contained in the Content available on the Site; any and all damage resulting from a third party’s fraudulent intrusion; or any direct or indirect damage, whatever its cause, nature, origins or consequences, resulting from the access to the Site or any Content coming directly or indirectly from the Site.
2. Hypertext links
The Site may include links to other websites or other Internet sources. Guanahani cannot control these sites and external sources. Therefore, Guanahani shall not be held liable for those sites and external sources and declines any responsibility for the content, advertising, products, services and any other material available on or branching off those sites and external sources. In addition, Guanahani shall not be held liable for any damage or losses, true or alleged, deriving from the use or from having trusted the content, or goods and services available on those sites or external sources.
(1) Detailed information regarding what personal data and other information we collect from you, how we collect it, and how it is used;
(2) Further descriptions of the parties with whom and for what purposes your data is shared.
Different privacy policies also may apply to other parts of our web presence -for example, web pages for online recruitment.
Our privacy practices may be more or less limited in certain countries in which we operate to reflect local practices and legal requirements. We will specifically inform you, if this is the case.
1. What information does Hotel Guanahani collect?
2. When is your Personal Data collected?
3. Why is Personal Data used?
4. When do we disclose your Personal Data?
5. What cookies and other technologies does Hotel Guanahani collect? 6. How do we protect your Personal Data?
7. Third-party websites and services 8. Cross-border data transfers 9. How long is your Personal Data retained?
10. How can you manage your references and information?
11. What are your rights regarding your Personal Data?
12. What information is collected from children?
13. What about policy modifications?
14. How to contact us?
1. WHAT INFORMATION DOES HOTEL GUANAHANI COLLECT?
1.1 Personal Data
1.2 Sensitive Personal Data
From time to time, you may provide or we may collect what is considered sensitive personal information or “special categories of personal data” under applicable privacy laws (herein referred to as “Sensitive Personal Data”). For example, you may disclose your religious affiliation to us when you host or attend an event at our hotel or provide your health information or dietary restrictions so that we can accommodate you better during your stay.
We only process Sensitive Personal Data if and to the extent permitted and required by applicable law or with your express consent. Unless otherwise required by applicable law, you are not required to provide us with any of your Sensitive Personal Data. Should you choose not to, your decision would not prevent you from using our services.
1.3 Personal Data from third parties
We may collect Personal Data related to you from third parties such as from airlines, payment card providers, travel agencies and online booking services, other affiliates you have previously visited, public databases, joint marketing partners, third parties who sell products and services under our brand and your social medial sites consistent with your settings on such services.
2. WHEN IS YOUR PERSONAL DATA COLLECTED?
We collect Personal Data about you in a number of ways, including:
3. WHY IS PERSONAL DATA USED?
We use your Personal Data in a number of ways as set forth below.
3.1 Performance of a Contract. We process your Personal Data in order to perform a contract with you, including to complete your reservation, provide you goods and services that you requested.
3.3 To Comply with Legal Obligations. We process your Personal Data where it is necessary to comply with legal obligations to which it may be bound. This includes complying with legal processes, responding to requests from public and government authorities around the world, and pursuing available remedies or limit damage we or other third parties may sustain.
3.4 With Your Consent. We process your Personal Data when we have your valid consent to do you, including to communicate (including by e-mail and SMS) with you during your stay, to send you promotional offers, newsletters, information on us, our services, and other marketing communications in accordance with your preferences; and to process Sensitive Personal Data you may have provided us in connection with your stay; for example, any dietary restrictions or special accommodations for physical and medical conditions.
3.5 Vital Interest. In certain circumstances when it is not possible to obtain your consent, it may be necessary for us to process your Personal Data, including Sensitive Personal Data you provided through our services, where it is in your vital interest or in the interest of others, for example in the event of a medical emergency.
4. WHEN DO WE DISCLOSE YOUR PERSONAL DATA?
We may disclose or share your Personal Data as follows:
4.1 Hotel. The Personal Data you provide to us in connection with making a reservation at Hotel Guanahani on our website is shared with a third platform for purposes of meeting your reservation request. After your stay, we retain your Personal Data, including the details of your stay and your preferences (e.g., room, type, interest, hobbies, amenities used) to provide you personalized service during your next stay, subject to your preferences.
4.2 Commercial service Providers and Suppliers. We may outsource the processing of certain functions and/or information to third parties that provide services such as services hosting, data analysis, payment and credit card processing, order fulfilment, customer service, e-mail delivery, financial services companies, delivery services, advertising networks, and information technology. We may also share your Personal Data with third-party providers that provide services such as spa treatment, salons, and restaurants within our hotel, or event planners or organizers of any event you plan or host with us.
4.3 External Partners. We may share your Personal Data to other partners, consultants and advisors who render services to us, including financial institutions, external auditors, lawyers, and credit card issuers.
4.5 Co-Sponsors of Promotions and Sweepstakes. Your Personal Data may be shared with our affiliates or other unaffiliated business partners that serve as co-sponsors or third-party sponsors of promotions, sweepstakes, or other contests if you enter into one of these activities on our services.
4.6 Social Media and Message Boards. If you connect to one of our social media pages, we may disclose your Personal Data to your friends associated with your social medial account, to other website users, and to your social media account provider, in connection with your social sharing activities. We may make reviews, message boards, blogs and other user-generated content available to users on our services. Any information disclosed in these areas is public information and you should accordingly exercise caution when deciding to disclose your Personal Data in this context. We are not responsible for the privacy practices of other users including web operators to whom you provide information.
4.7 Anonymized Data. We may share aggregated data with third parties collectively in an anonymous way, which does not reveal Personal Data.
5. WHAT COOKIES AND OTHER TECHNOLOGIES DO WE COLLECT?
5.1 Automatic Data Collection. We may use automatic data collection technologies to collect certain statistical (non-personal) information about your equipment, browsing actions, and patterns, including (a) details of your visits to our services, including traffic data and location data, date and time of access, frequency and other communication data; (b) information about your computer and internet connection, including your IP address, operating system, host domain, and browser type; and (c) details of referring websites actions, and patterns.
5.3 Social Media Plug-ins. One of the features of our Site is that it uses what are called social plugins (“plugins”) from the social networks Twitter, Facebook, YouTube, Pinterest, and Instagram. These plugins are indicated by the respective logo of the social network. When you access our Site, your browser establishes a direct connection with the servers of these social networks. The content of the plugin is transferred by the social network directly to your browser, which then integrates it into the Site.
5.3.1 Integration of the plugin causes Facebook, for example, to receive the information that you have loaded the corresponding page of our Site. If you are logged in with Facebook, it will be able to assign your visit to your Facebook account. Please note that an exchange of this information already takes place when you visit our Site, regardless of whether you interact with the plugin or not. If you interact with the plugins, such as by pressing the “Like” button, the corresponding information is sent directly to Facebook by your browser and saved there. You can find information on the purpose and extent of data acquisition as well as how the data is processed further and used by the social networks, together with your rights and optional settings to protect your private sphere, in the data protection notes of the social networks.
5.4 Wi-Fi and Location-Based services. In the course and for the purpose of providing Wi-Fi services at Hotel Guanahani, we may collect device identifiers (such as your IP address, or other unique identifier). Based upon your consent, we also may collect information about the physical location on your device through use of the Wi-Fi services or other technologies to provide you with personalized location-based services, such as to customized offers and promotions or to find a hotel near you.
5.5 Do Not Track. Currently, we do not alter our data collection and use practices in response to Do Not Track signals.
6. HOW DO WE PROTECT PERSONAL DATA?
We maintain commercially reasonable security safeguards that are designed to protect the Personal Data we collect against unauthorized use, disclosure, alteration or destruction. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure and we cannot guarantee or warrant that your Personal Data is under absolute security with the existing security technology. Additionally, when requesting information or sending information or forms to us by e-mail, please be advised that e-mail communication to and from our services are not secure unless clearly noted otherwise. This is a risk inherent in the use of e-mail.
7. THIRD-PARTY WEBSITES AND SERVICES:
7.1 Our services may contain links to, or have features that are hosted by, other third-party websites or services that are not owned or controlled by us. For example, we give you the opportunity to connect, link, or share our services (and the content you access) via certain social media websites.
8. CROSS-BORDER DATA TRANSFERS:
8.1 The Personal Data and other information that we collect from you will be transferred to, and stored at, a destination outside the European Economic Area. It also may be processed by staff operating outside the European Economic Area who work for us or other entities acting as data processors processing data on our behalf. This includes staff and providers engaged in, among other things, the fulfillment of your request or order and the provision of support services. More information on to whom your data is disclosed can be found in Section 4.
8.2 To comply with applicable data protection law, we have implemented international data transfer agreements on the basis of European Union Standard Contractual Clauses in order to provide appropriate and suitable safeguards for Personal Data transferred to countries outside the European Economic Area where an adequate level of protection is not already guaranteed.
9. HOW LONG DO WE RETAIN YOUR PERSONAL DATA?
10. HOW CAN YOU MANAGE YOUR PREFERENCES AND INFORMATION?
10.1 Commercial E-mails. You may opt-out of receiving commercial e-mails from us by following the instructions contained in any of the commercial e-mails. Unsubscribing from one type of communication may not unsubscribe you from another type. Please note that even if you unsubscribe from commercial e-mail messages, we may still e-mail you non-commercial (transactional) e-mails related to your account and your transactions via the services.
10.2 European Union Users and Commercial E-mails. If you are a user based in the European Union, we only send you commercial e-mails when we have obtained your explicit prior consent, except where we have obtained your e-mail address in the course of a sale or negotiations for a sale of a product or service and where the commercial e-mails are only marketing similar products or services.
10.3 Text Messages and SMS. To opt out of text messages, reply STOP to the message you received or contact the Hotel Guanahani front desk to inform them you no longer wish to receive text messages.
10.4 Mobile Apps. You can control whether our Apps send you push notifications by change your notification settings on your mobile device.
10.5 Access and Connections to Social Media. If you registered with the services through your social media account, or connected, linked, or shared your use of our services via your social media profile, you can manage the permissions granted to such third-party social media services by accessing your user settings under your account. You also can remove our access to your social media account or otherwise control what information these third-party social media services share with us at any time by accessing the privacy settings in your social media account.
11. WHAT ARE YOUR RIGHTS REGARDING YOUR DATA?
Under applicable law and regulations, you may, at any time, exercise certain rights, including the following:
11.1 Access. The right to request access to your Personal Data, which includes the right to obtain confirmation from us as to whether Personal Data concerning you is being processed, and where that is the case, access to the Personal Data and information related to how it is processed.
11.2 Rectify or Erase. The right to rectification or erasure of your Personal Data, which includes the right to have incomplete Personal Data completed.
11.3 Restrict. The right to obtain a restriction of processing concerning your Personal Data, which includes restricting us from continuing to process your Personal Data under certain circumstances (e.g., where you contest the accuracy of your Personal Data, for a period enabling us to verify the accuracy of the personal data).
11.4 Object. The right to object to the processing of your Personal Data under certain circumstances, including objecting to processing your Personal Data for direct marketing purposes, or objecting to processing your Personal Data when it is done based upon legitimate interests.
11.5 Data Portability. The right to data portability, which includes certain rights to have your Personal Data transmitted from us to you or another controller.
11.6 Consent. Where we process your Personal Data based on your consent, the right to withdraw consent at any time with effect for the future. Any requests related to the above rights may be made by contacting us as set forth in Section 14.
11.7 Complaint. In some jurisdictions, you may also have the right to lodge a complaint with a supervisory authority.
12. WHAT INFORMATION IS COLLECTED FROM CHILDREN?
12.1 We have not designed the services for, and do not intend for them to be used by, anyone under age 18. We do present information regarding our Children program on our services for the reference of adults that are interested in activities at our locations for children. Accordingly, the services should not be used by anyone under age 18 without adult supervision. If you are under 18, please do not provide Personal Data of any kind whatsoever.
12.2 Should we inadvertently acquire Personal Data or other information from users under the age of 18, we will not knowingly provide this data to any third party for any purpose. If a child does provide us with Personal Data over services, 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 18.
14. HOW TO CONTACT US:
Anse de Grand Cul de Sac
Attn: Legal Department
2 WHAT ARE COOKIES?
2.2 Some cookies require your consent, while others are exempt.
2.2.2 Cookies subject to consent: All other cookies that are not strictly necessary to use the services still fulfil important tasks. Without these cookies, functions intended for your convenience on our services, such as your personal settings or automatic filling in form functions could not be retained and would therefore have to be re-entered on every page.
2.3 Types of Cookies We Use. Hotel Guanahani uses four types of cookies: strictly necessary cookies, performance cookies, functional cookies and cookies for marketing purposes.
2.3.1 Strictly necessary cookies are essential in order to enable you to move around the services and use its features. These temporary cookies last only as long as your web browser is open, and are used for technical purposes such as enabling better navigation on our services. Without these cookies, services you have asked for cannot be provided – for example, remembering previous actions (e.g. entered text) when navigating back to a page in the same session. Once you close your browser, the cookie disappears.
2.3.2 Performance cookies are stored on your computer for longer periods and are used for purposes including tracking the number of unique visitors to our services and information such as the number of views a page gets, how much time a user spends on a page, and other pertinent web statistics. These cookies do not save information that would allow the user to be identified. The collected information is aggregated, and therefore made anonymous. These cookies are used exclusively to improve the performance of the website, and with it the user experience.
2.3.3 Functional cookies enable the services to save information which has already been entered (such as user names, languages choices, and your location), so that it can offer you improved and more personalized functions. For example, when you book a room, our services can offer you local tax information if it uses a cookie to remember the region in which you are currently located. Functional cookies are also used to enable features you request such as playing videos. These cookies collect anonymous information and cannot track your movements on other websites.
2.3.4 Cookies for advertising purposes are used to display advertisements to users that are more targeted and adapted to their interests. They also are used to limit the frequency with which an advertisement appears and measure the effectiveness of advertising campaigns. They register whether a person has visited a website or not. This information may be shared with third-parties advertisers. Cookies for improving target group appeal and advertising are often linked with page functionalities of third-party providers.
2.4 First-Party Cookies: Some of the cookies are used exclusively by Hotel Guanahani, and therefore are called “first-party cookies”. These cookies include functional cookies to remember a user’s language selection or performance cookies to identify repeated website visits from the same user. Other permanent cookies include those used to improve the user experience on our website, including recording whether a user closed an auto pop-up message so that we do not display it again.
3 HOW TO CONTROL AND DISABLE COOKIES
3.1 You can disable cookies at any time by adjusting your browser settings. Browsers are different, so refer to instructions related to your browser to learn about cookie-related and other privacy and security settings that may be available. You can also visit http://www.aboutcookies.org for more information on how to manage and remove cookies across different browsers.
3.2 Please be aware, however, that if you turn off cookies, you may not be able to take full advantage of all of our services’ features.
3.3 Third-Party Cookies. For more information regarding targeted advertisements and/or to opt out of automatic collection for these purposes, please visit http://www.aboutads.info/choices/ or http://www.networkadvertising.org/managing/opt_out.asp. Within the European Union and Canada the local DAA organizations operate a similar “ad choices” scheme: see http://www.youronlinechoices.com (Europe) and http://youradchoices.ca/ (Canada). You can also review choices relating to cookies used for behaviorally targeted advertising by visiting http://www.youronlinechoices.com. If you opt-out of these targeted advertising cookies, your opt-out will be specific to the web browser or mobile device from which you accessed the opt-out. If you use multiple devices or browsers, you will need to opt-out each browser or device that you use.
4 GOOGLE ANALYTICS
4.2 You also can opt-out from being tracked by Google Analytics with effect for the future by downloading and installing Google Analytics Opt-out Browser Add-on for your current web browser: (click here https://tools.google.com/dlpage/gaoptout?hl=en-GB).
5 WEB BEACONS
5.1 We use web beacons (also called web bugs, pixel tags, or clear GIFs) primarily to collect and maintain aggregated data (such as the number of visitors) to help us see which areas are most popular with our users and improve and update the content on our services. Web beacons also 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 services or the number of individuals who open or act upon an e-mail message. Some of the information we collect using web beacons may be personally identifiable. We may combine this information with other Personal Data we have collected about you to better tailor our marketing or services content to you and may use this information for other purposes, such as internal research.
6 ADOBE TECHNOLOGIES
6.1 Hotel Guanahani may use Adobe Flash and other technologies to collect and store information about your use of the services. If you do not have Adobe Flash stored on your computer or devices, you can adjust the settings of your Flash player using the tools contained in the Website Storage Settings Panel. Hotel Guanahani uses this information to ensure that the services creates value added for users.
6.2 The deployment of Adobe involves capturing data by means of Adobe Analytics and Adobe Dynamic Tag Management, which are then anonymized, processed and stored in Adobe computing centers in Europe. If you wish to fully reject data capture by Adobe, you can do this by completing the opt-out process on the Adobe website. https://www.adobe.com/be_en/privacy/opt-out.html.
6.3 To disable “flash cookies”, you can adjust the setting of your Flash player to block Flash cookies using the tools contained in your website storage settings panel. More information can be found on Adobe’s website.
7 WHICH HOTEL GUANAHANI ENTITY IS USING COOKIES
7.1 Hotel Guanahani will be responsible for your personal data provided to, or collected by or for, our services.