OUR COMMITMENT TO PRIVACY
Revised November 13, 2018
Your privacy is important to Proper Hotel Group and its affiliates (“Proper Hotel Group,” “us,” “we,” “our”), including Avalon Hotels, Proper Hotels and Custom Hotel. This policy will provide information explaining our practices (in both an online and offline context) regarding the collection, use, handling, and disposal of personal data.
1. Changes to Your Personal Data
2. The Personal Data We Collect About You
3. How We Collect Your Personal Data
4. How We Use Your Personal Data
5. Disclosure of Your Personal Data
6. Your Choices on Collection, Use, and Sharing of Your Personal Data
7. How Long We Retain Your Personal Data
8. How We Keep Your Personal Data Secure
9. Links to Third Party Websites
11. Public Areas
12. For Persons Within the European Union
13. Notice of Privacy Rights to California Residents
15. Contact Us
1. CHANGES TO YOUR PERSONAL DATA
It is important that the Personal Data we hold about you is accurate and up-to-date. Please keep us informed if your Personal Data changes during your relationship with us.
2. THE PERSONAL DATA WE COLLECT ABOUT YOU
“Personal Data” are data that identify you as an individual or relate to an identifiable individual.
Proper Hotel Group collects the following types of Personal Data in both an online and offline context, when providing you with our products and services:
Personal Data that we collect from you:
• Postal address
• Billing address
• Telephone number
• Email address
• Credit and debit card number or other payment data
• Financial Information (in limited circumstances)
• Language preference
• Marital status
• Date and place of birth
• Nationality, passport, visa or other government-issued identification data
• Medical history / Health information
• Religion / Religious beliefs
• Important dates, such as birthdays, anniversaries and special occasions
• Travel itinerary, tour group or activity data
• Prior guest stays, or interactions, goods and services purchased, special service and amenity requests
• Geolocation information
• Social media account ID, profile photo and other data publicly available
We will also collect the following types of personal data for the following purposes:
• Images and video and audio data via security cameras located in public areas, such as hallways and lobbies, on our properties
• Guest preferences and personalized data such as your interests, activities, hobbies, food and beverage choices, services and amenities of which you advise us or which we learn about during your visit
Personal Data that We Automatically Collect
We may use tracking technologies, such as cookies, pixels, and web beacons to collect the following information:
• IP Address
• Media Access Control (MAC) address
• Unique device identifier (UDID/IMEI)
• Operating system or platform
• Screen resolution
• Operating system name and version
• Device manufacturer and model
• Language preferences
• Internet browser type and version
• Name and version of the Online Services (such as the Apps) you are using
• Browser type
• Time spent on the Online Services
• Pages visited
• Referring URL
• Duration of visit to our website
• Links you click on in our emails and on our website, including ads
3. HOW WE COLLECT YOUR PERSONAL DATA
Personal Data collection is obtained in a variety of ways:
• Online Services. Personal Data is collected through online services either directly or through an affiliate booking website.
o Reservation Process
o Check out process for electronic folio receipts
o Purchase goods or services through the website or ecommerce website
o Communication via email
o Connect or post to social media related to the properties
o Participate in a survey, contest or promotional offer
• Property Visits. Personal Data is collected when guests visit our properties or use on-property services and outlets, such as:
o Restaurants and Bars
o Concierge services
o Health clubs
• Offline Interactions. Personal Data is collected when individuals attend promotional events that we host or in which we participate, or when you provide your Personal Data to facilitate an event.
• Reservations and Customer Service Centers. Personal Data is collected when you make a reservation over the phone or communicate with us by email, fax or contact customer service. These communications may be recorded for purposes of quality assurance and training.
• Other Sources. Personal Data is also collected from other sources, such as public databases, joint marketing partners and other third parties.
• Internet-Connected Devices. Personal Data is collected from internet-connected devices available in our properties. For example, a smart assistant device may be available for your use and to tailor your accommodations and experience.
We collect automatically-collected data in a variety of ways:
• Your browser or device. We collect certain data through your browser or automatically through your device. We use this data to ensure that the Online Services function properly.
• Cookies. We collect certain data from cookies, which are pieces of data stored directly on the computer or mobile device that you are using. Cookies allow us to collect data such as browser type, time spent on the Online Services, pages visited, referring URL, language preferences, and other aggregated traffic data. We use the data for security purposes, to facilitate navigation, to display data more effectively, to collect statistical data, to personalize your experience while using the Online Services, and to recognize your computer to assist your use of the Online Services. We also gather statistical data about use of the Online Services to continually improve design and functionality, understand how they are used, and assist us with resolving questions.
• Pixel Tags and other similar technologies. We collect data from pixel tags (also known as web beacons and clear GIFs), which are used with some Online Services to, among other things, track the actions of users of the Online Services (including email recipients), measure the success of our marketing campaigns, and compile statistics about usage of the Online Services.
• Aggregated Data. We may aggregate data that we have collected. This aggregated data will not personally identify you or any other user.
4. HOW WE USE YOUR PERSONAL DATA
We use Personal Data and Other Data to provide you with Services, to develop new offerings, and to protect Proper Hotel Group, Avalon Hotels, and Custom Hotel and our guests as detailed below. In some instances, we will request that you provide Personal Data or Other Data to us directly. If you do not provide the data that we request, or prohibit us from collecting such data, we may not be able to provide the requested Services. We will let you know if this is ever the case.
We use Personal Data and Other Data for the following purposes:
• To provide services to you.
• To provide services requested by you. For example, if you sign up for our newsletter, we will use the information you give us to send you our newsletter.
• To provide our website and its functionalities to you.
• To respond to your requests. If you contact us with a question or a request, we will use your information to respond to your request. For example, if you contact us via email with a question, we will use the information in that email and the email address you used to contact us to respond to you.
• To provide you with location-specific services. If you elect to share your location information with us, we may use that information to tailor options, functionality or offers related to your location. We also may use your IP address to determine your general location, which also may be used to tailor offers to you.
• To offer and conduct promotions and contests.
• To conduct data analytics to support our website and business. Typically, these analyses are done using aggregated or otherwise de-identified data. We use information, including automatically-collected information, to manage and improve our website and our business. For example, we use such information to:
o Manage our business needs, such as monitoring, analyzing, and improving the services and the website’s performance and functionality. For example, we analyze website user behavior, and conduct research and analysis about the way you and other users use our website.
o Manage risk and protect the website. We use data to better protect our services, our website, and you by helping to detect and prevent fraud and abuse of the website and our services.
• To tailor our offerings to your apparent interests.
• To develop new products, services and offers.
• To operate and improve our business.
• To maintain our records.
• To market to you. Information we collect about you and how you use and interact with the website and our services, ads, and other online content helps us to improve our website and offer additional products and services that we think might interest you. For example, we analyze information about user interactions with our marketing emails and online ads (such as whether emails have been opened or whether ads are clicked on) to determine whether those communications and ads are effective, and to understand what other website functionalities, products or services may interest you.
• For legal, contractual and safety purposes. We will use your information as necessary to enforce the terms of our website, to comply with all applicable laws and regulations, to defend or protect us, our users, you, or third parties from harm or in legal proceedings, to protect our rights, to protect our security and the security of our users, employees, and property, to respond to court orders, lawsuits, subpoenas, and government requests, to address legal and regulatory compliance, to verify your identity or communications from you, to comply with contracts and other agreements to which we are a party, and to notify you of changes to our terms, policies, or practices.
• To conduct internal monitoring and training.
For other purposes for which you provide your consent. We will use your information for other purposes which are disclosed to you at the time your information is collected or for purposes which can be inferred from or are obvious given the circumstances of collection. For example, if you give us your personal information when entering a contest, we will use that information to facilitate your participation in that contest.
5. DISCLOSURE OF YOUR PERSONAL DATA
Our goal is to provide you with the highest level of hospitality and Services, and to do so, we share Personal Data with the following:
• Owners and Franchisees. We disclose Personal Data and Other Data to Owners of Proper Hotel Group, Avalon Hotels, and Custom Hotel-branded properties for the purposes described in this Privacy Statement, such as providing and personalizing the Services.
• Strategic Business Partners. We disclose Personal Data and Other Data with select Strategic Business Partners who provide goods, services and offers that enhance your experience at our properties or that we believe will be of interest to you. By sharing data with these Strategic Business Partners, we are able to make personalized services and unique travel experiences available to you. For example, this sharing enables spa, restaurant, health club, concierge and other outlets at our properties to provide you with services. This sharing also enables us to provide you with a single source for purchasing packages that include travel-related services, such as airline tickets, rental cars and vacation packages.
• Service Providers. We disclose Personal Data and Other Data to third-party service providers for the purposes described in this Privacy Statement. Examples of service providers include companies that provide website hosting, data analysis, payment processing, order fulfillment, information technology and related infrastructure provision, customer service, email delivery, marketing, auditing and other services.
• Corporate Reorganization. We may disclose or transfer your Personal Data and Other Data to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of the Proper Hotel Group, Avalon Hotels, and Custom Hotel business, assets or stock (including any bankruptcy or similar proceedings).
• To fulfill the purpose for which you provide it.
• To comply with any court order, law or legal process, including to respond to any government or regulatory request.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of our business, our customers, or others.
• For any other purpose disclosed by us when you provide the information with your consent.
Other Disclosures. We will use and disclose Personal Data as we believe to be necessary or appropriate: (a) to comply with applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including authorities outside your country of residence and to meet national security or law enforcement requirements; (d) to enforce our terms and conditions; (e) to protect our operations; (f) to protect the rights, privacy, safety or property of the Proper Hotel Group, Avalon Hotels, and Custom Hotel, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
In some instances, we may combine de-identified or anonymized data with Personal Data (such as combining your name with your location). If we do, we will treat the combined data as Personal Data for so long as it is combined.
6. YOUR CHOICES ON COLLECTION, USE AND SHARING OF YOUR PERSONAL DATA
Information Collected from you
It is optional for you to provide us with information. Depending on the activity, some of the information we ask you to provide is identified as mandatory and some is identified as voluntary. If you do not provide the mandatory information for a particular activity that requires it, you will not be permitted to engage in that activity.
We provide a variety of services on our website using cookies. We place cookies on your device in order to provide you with personalized access to essential services, enhance website functionality, and to show you offers and services tailored to your interests.
What is a Cookie?
A cookie is a small piece of data that a website can send to your browser, which may then be stored on your hard drive as a “tag” that identifies your computer. Cookies help to navigate from page to page on a website, provide secure connections, gather statistics about the usage and effectiveness of our site, and remember preferences from a previous visit when you return.
For example, we use Google Analytics to help us analyze how visitors use our websites and mobile applications. The information generated by the cookie, including your IP address, is transmitted to Google. This information is then used to evaluate visitors’ use of the website and mobile applications and to compile statistical reports on website activity for us. We do not use the statistical analytics tool to track visitors to our website and mobile applications. If you do not want any information to be collected and used by Google Analytics, you can install an opt-out in your web browser.
Most web browsers automatically accept cookies, but you can change your browser’s settings to disable all or certain cookies if you wish. For more information on how to manage browser cookies, see http://www.allaboutcookies.org. Click on the links below to learn how to manage cookies on these browsers:
Please note that by disabling or deleting cookies, you may not be able to access the full functionality of our website. Disabling or clearing cookies also may affect cookie-based opt-outs by either preventing you from using such cookie-based opt-outs, or clearing opt-outs that you previously set.
You may control your advertising preferences or opt out of certain Google advertising products by visiting the Google Ads Preferences Manager, currently available at https://google.com/ads/preferences, or by vising NAI’s online resources at http://www.networkadvertising.org/choices.
Some of the third parties that we may work with may participate in the Digital Advertising Alliance’s self-regulatory program, which provides consumers tools to opt-out of receiving interest-based advertising. Click here to learn more about the DAA’s WebChoices tool. To help control or block certain ads in mobile applications, you may choose to download and utilize the DAA mobile app by clicking here.
7. HOW WE KEEP YOUR PERSONAL DATA SECURE
We use appropriate organizational, technical and administrative measures to protect Personal Data. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your account has been compromised), please immediately notify us in accordance with the “Contacting Us” section on the website.
8. HOW LONG WE RETAIN YOUR PERSONAL DATA
We will only retain your Personal Data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
In specific circumstances, we may store your personal information for longer periods of time so that we have an accurate record of your dealings with us in the event of any complaints or challenges, or if we reasonably believe there is a prospect of litigation relating to your personal information or dealings.
9. LINKS TO THIRD PARTY WEBSITES
Minors under the age of 18 may not use the Website. No part of the Website is designed to attract anyone under the age of 18. However, we may collect information regarding children that stay in our hotels as guests if information is provided by their parent or legal guardian. If you believe we have information about your child and you would like it deleted from our system, please contact Privacy.Policy@Properhotel.com.
11. PUBLIC AREAS
We may provide areas on our website where you can publicly post information about yourself and communicate with others, such as discussion boards or blogs. This information may be accessible by other consumers and companies, and may appear on other websites or web searches; therefore, this information could be read, collected, and used by others.
12. FOR PERSONS WITHIN THE EUROPEAN UNION
Controller of Personal Data
How to contact us or make complaints
Our full contact details are:
1437 7th Street, Suite 250
Santa Monica, CA 90401
Attn: Legal Department
You have the right to make a complaint at any time to the relevant supervisory authority in your country of residence for data protection issues. We always appreciate the chance to deal with your concerns before you approach the relevant supervisory authority, so please contact us in the first instance.
You may have certain rights under European Union or Member State law or regulation. We have explained these individual rights and controls below. To exercise these rights and controls, please contact us at Privacy.Policy@Properhotel.com.
• Access: You may have the right to ask for a copy of the Personal Data that we hold about you.
• Correction: If there are any inaccuracies in the information we hold about you, please contact us to correct them.
• Deletion: If you would like us to delete your Personal Data, you may request that we delete it. Please note that this may not always be possible.
• Restrictions on use: In certain circumstances, you may request that we stop processing your Personal Data.
• Object: You may have the right to object to processing of your Personal Data.
• Request the transfer: You may have the right to transfer your Personal Data to another organization
• Withdrawal of consent: If you previously gave us your consent to allow us to process your Personal Data for a particular purpose, but you no longer wish to consent to us doing so, you can contact us to let us know that you withdraw that consent.
Legal Bases for Processing
Facilitate reservations and payment functions.
Consent; Performance of a Contract.
Support our electronic receipt program.
Consent; Performance of a Contract.
Personalize the Services according to your Personal Preferences.
Consent; Legitimate interests.
Marketing activities, including sweepstakes, activities, events and promotions.
Consent; Legitimate interest.
Data analysis, audits, security and fraud monitoring and prevention.
Product and services development and enhancement research.
Transfer of Personal Data from the European Union
Our website is operated from and hosted on servers located in the United States. If you access and use our website from a location outside of the United States, any personal data you provide to us or that is otherwise collected may be transferred to and processed in the United States, or any other jurisdiction, in our sole discretion. Users of our website should be aware that the laws that apply to the use and protection of personal data in the United States or other countries or jurisdictions to which we transfer, or in which we process, personal data may differ from those of your country of residence. Users who access or use our website from jurisdictions outside of the United States do so at their own choice and risk, and are solely responsible for compliance with local law. While we take steps to safeguard your personal data, the United States has NOT been deemed by the European Commission to ensure an adequate level of protection for personal data. Accordingly, the level of protection provided in the United States or other non-EU countries and jurisdictions from which you may access our website may not be as stringent as that under EU data protection standards or the data protection laws of some other countries, possibly including your home jurisdiction.
By checking the box next to the statement, “By checking this box, I agree that any personal data that I provide to Proper, or any of its affiliates, or that is otherwise collected, may be transferred to and processed in the United States or any other jurisdiction in our sole discretion in accordance with our Privacy Statement”, you consent to allow your personal data to be transferred across borders to the United States or to other countries or jurisdictions in which we or our third-party associates may process personal data.
13. NOTICE OF PRIVACY RIGHTS TO CALIFORNIA RESIDENTS
Under California Civil Code Section 1798.83, individual customers who reside in California and who have an existing business relationship with us may request information about our disclosure of certain categories of personal information to third parties for the third parties’ direct marketing purposes, if any.
To make such a request, send an email with the subject heading “California Privacy Rights” to Privacy.Policy@Properhotel.com or write to us at:
1437 7th Street, Suite 250
Santa Monica, CA 90401
Attn: Legal Department
In your request, please attest to the fact that you are a California resident and provide a current California address for our response. Please be aware that not all information sharing is covered by these California privacy rights requirements, and only information on covered sharing will be included in our response. This request may be made no more than once per calendar year.
15. CONTACT US
1437 7th Street, Suite 250
Santa Monica, CA 90401
Attn: Legal Department
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
Proper Hospitality, LLC and its affiliates, properties and property owners (collectively, “Proper” or “us” or “we”), require that all visitors to this website adhere to the following terms and conditions of use (these “Terms”). These Terms govern your use of our online services, any content or information therein, the www.properhotel.com, www.properresidences.com, liveaustinproper.com, avalon-hotel.com, www.avalonbeverlyhills.com, and www.avalonpalmsprings.com websites, any subdomains of such websites, and any other website pages on which services are provided by us (collectively, the “Website”). By accessing and using the Website, you agree, on your own behalf and on behalf of any corporation or other legal entity that you represent or for which you access the Website (your “Company”), to be bound by and comply with these Terms and to comply with all applicable laws and regulations. If you do not agree to these Terms, you are not authorized to use the Website.
1. CHANGES TO THESE TERMS AND THE WEBSITE
We may change these Terms at any time, and all such changes are effective immediately upon notice, which we may give by any means, including, but not limited to, by posting a revised version of these Terms or other notice on the Website. You should view these Terms often to stay informed of changes that may affect you. Your use of the Website constitutes your continuing agreement to be bound by these Terms, as they are amended from time to time. We expressly reserve the right to make any changes that we deem appropriate from time to time to the Website or to any information, text, data, databases, graphics, images, sound recordings, audio and visual clips, logos, software, opportunities, features, services, and other materials within the Website (all such materials, and any compilation, collection, or arrangement thereof, collectively the “Content”).
3. INTELLECTUAL PROPERTY
You understand and agree that we own, or (where applicable) we have lawfully licensed from third parties, all right, title, and interest in and to the Website and all of the Content. You acknowledge and agree that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest by accessing or using the Website or the Content. Such intellectual property and proprietary rights may include, but are not limited to, copyrights, trademarks and service marks, trade dress, and trade secrets, and all such rights are the property of Proper or its licensors and Content providers.
4. COPYRIGHT POLICY
If you believe in good faith that any Content has been copied in a way that constitutes copyright infringement, you may forward the following information to Proper Hospitality, 1437 7th Street, Suite 250, Santa Monica, C90401A , Attn: Legal Department: (i) your contact information, including your name, address, telephone number, and email address; (ii) dentification and description of each copyrighted work that you claim has been infringed; (iii) the exact URL or location of the material that you claim is infringing; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (vi) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owners.
5. LICENSE TO ACCESS AND USE
5.1 You may access and use this Website only for your personal use (or, if accessing the Website on behalf of a Company, only your Company’s own internal use). Any other access to or use of the Website or the Content constitutes a violation of these Terms and may violate applicable copyright, trademark, or other laws. We make no representation that Website or Content is appropriate or available for use in your location. A reference to a product or service on the Website does not imply that such product or service is or will be available in your location. The content of the Website, including advertising content, is intended for use and display only
where its use and display are permissible in accordance with applicable laws and regulations. Each product or service is void where prohibited by law.
5.2 WITH RESPECT TO HOTEL RESIDENCES, THESE MATERIALS DO NOT CONSTITUTE AN OFFER OR SOLICITATION OF ANY KIND, NOR ARE THEY INTENDED TO BE DISTRIBUTED IN OR CONSTITUTE AN OFFER IN ANY STATE OR COUNTRY IN WHICH PROPER OR THE APPLICABLE DEVELOPER OF A PROJECT HAS NOT REGISTERED TO SELL PROPERTY, IF REQUIRED.
5.3 You may not access, use, or copy any portion of the Website or of the Content through the use of bots, spiders, scrapers, web crawlers, indexing agents, or other automated devices or mechanisms. You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained within any of the Content. Except as expressly authorized by us in writing, in no event will you reproduce, redistribute, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of the Website or the Content or any access to or use of the Website or the Content.
6. RESTRICTIONS ON ACCESS
6.1 You represent and agree that all information that you provide to us in connection with your access to and use of the Website is true, accurate, and complete to the best of your knowledge and belief. Proper reserves the right, in its sole discretion, to terminate your access to all or part of the Website, without notice or liability, for any reason, including, but not limited to: (a) the unauthorized use of any username or password; or (b) the breach of any agreement between you and Proper, including, without limitation, these Terms. Following any such termination of access, you will continue to be bound hereunder to the fullest extent applicable.
6.2 Upon being notified that your access is terminated, you must destroy any materials you have obtained from the Website. You may not access the Website after your access is terminated without our written approval. After terminating your access, Proper will retain all rights, including all intellectual property rights, proprietary rights, and licenses retained in these Terms, and the limitations upon your use and treatment of Content will remain in full force.
7. USER CONDUCT
7.1 In connection with your access and use of the Website and that of any person authorized by you to access and use the Website, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable local rules regarding online conduct. Specifically, in connection with your use of the Website, neither you nor the Company may cause or permit any person to do any of the following:
a. use the Website or Content for any unlawful purpose;
b. use the Website to post or transmit any material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, malware, adware, or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
c. impose an unreasonably or disproportionately large load on the Website or otherwise interfere with or inhibit any other user of this Website from using or enjoying the Website;
d. use the Website to post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, harassing, or otherwise objectionable information or communication of any kind;
e. use the Website to post or transmit any information which is invasive of another’s privacy or publicity rights or that otherwise violates or infringes in any way upon the rights of others; and
f. use the Website to post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes, or other unsolicited commercial communication.
7.2 You will be financially accountable for all uses of the Website by you and anyone using your password and login information. You may only use the Website to make legitimate reservations or purchases in good faith for use by you and your invited guests only. You may not use the Website to make reservations for other purposes, including without limitation, reselling, impermissibly assigning or posting on third party websites, or making speculative, false or fraudulent reservations, or any reservation in anticipation of demand.
8. PROMOTIONAL AND OTHER INFORMATION
8.1 We may make information regarding specific programs, offers or promotions, which we are conducting, available on the Website. Any such program, offer or promotion is subject to the specific terms, conditions and restrictions listed on the Websites in connection with such program, offer or promotion. We reserve the right to alter or withdraw any program, offer or promotion at any time. Each program, offer and promotion is void where prohibited by law. Please refer to and read carefully the terms, conditions and restrictions included on the Website in connection with each program, offer or promotion.
8.2 This Website may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or availability applicable to your transaction. We do not assume responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor reservations or information affected by such inaccuracies. We reserve the right to make changes, corrections, cancellations and/or improvements to the Website, and to the products and programs described on the Website, at any time without notice, including after confirmation of a transaction.
9.1 By disclosing or offering any information to us, including comments, photos, event details, computer files, documents, graphics, suggestions, ideas, feedback or other information (each, a “Submission”), either through your use of the Website or otherwise, you authorize Proper to make such copies thereof as we deem necessary, including to facilitate the posting and storage of the Submission on the Website. By making a Submission, you automatically grant, and you represent and warrant that you have the right to grant, to Proper an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Submission for any purpose, commercial, advertising, or otherwise, on or in connection with the Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Submission, and to grant and authorize sub licenses of the foregoing.
9.2 By making a Submission, you represent that you have all requisite rights to, and are authorized to disclose, all of the information contained in the Submission. You are fully responsible for any Submission you make and for the legality, reliability, appropriateness, and originality thereof.
9.3 You agree that we have no obligation to, but may monitor and review information you transmit over the Website. You agree that we may censor, edit, remove or prohibit the transmission or receipt of any information that we deem inappropriate or in violation of these Terms, and use any such information as necessary to provide the Website and/or to protect our rights or properties. You agree that we may also monitor and review stored information without restriction. You hereby acknowledge and consent to such monitoring and reviewing.
10.1 Proper takes such commercially reasonable measures as it deems appropriate to secure and protect information transmitted to and from the Website. Nevertheless, we cannot and do not guarantee that any such transmissions are or will be totally secure. You are responsible for maintaining the confidentiality of any information about you, including any username and any password used in connection with your use of the Website. You agree to notify Proper immediately if you discover loss or access to such information by another party not under your control and supervision. Proper will not be liable for any loss or damage arising from the unauthorized use of your username or password.
10.2 YOU AGREE THAT NEITHER WE NOR ANY PROPERTY OWNERS OR OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS WEBSITE ARE RESPONSIBLE OR LIABLE IN ANY WAY FOR INJURY, LOSS OR DAMAGE TO YOUR COMPUTER, OR INTERCEPTION OR USE OF CREDIT CARD INFORMATION OR OTHER PERSONALLY IDENTIFIABLE INFORMATION, RELATED TO OR RESULTING FROM USE OF THE WEBSITE OR ANY SITES LINKED OR ASSOCIATED WITH THIS SITE.
10.3 PROPER MAKES NO WARRANTY OR REPRESENTATION REGARDING OF CONFIDENTIALITY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THIS WEBSITE OR ANY SITE LINKED TO THIS WEBSITE. YOU AGREE THAT NEITHER US, NOR ANY OTHER PROPERTY OWNERS OR PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS WEBSITE, ARE RESPONSIBLE FOR THE CONFIDENTIALITY OF ANY INFORMATION, (INCLUDING WITHOUT LIMITATION CREDIT CARD INFORMATION, PERSONALLY IDENTIFIABLE INFORMATION, EMAIL ADDRESS, PHONE NUMBER, ETC.), AND NEITHER WE, NOR ANY OTHER PROPERTY OWNERS OR PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS WEBSITE, ARE RESPONSIBLE FOR ANY DAMAGES THAT MAY ARISE FROM DISCLOSURE OF SUCH INFORMATION.
11. USE OF TRADEMARKS
You may not, without our express written permission, use any Proper trademarks or service marks for any purpose. We may grant, deny, or revoke any such permission in our sole discretion.
12.1 This Website may include hyperlinks to other websites which are not maintained by Proper. We are not responsible for the content of such external websites and we make no representations whatsoever concerning the content or accuracy of, opinions expressed in, or other links provided by such websites. The inclusion of any hyperlink to external websites does not imply endorsement by Proper of those websites or any products or services referred to therein. The terms of service and privacy policies applicable to external websites may be different from those applicable to our Website. If you decide to access any external website through a link within our Website, you do so entirely at your own risk, and Proper will have no liability for any loss or damage arising from your access or use of any external website. Since Proper does not endorse and is not responsible for the availability of these websites, or their contents, you should direct any concerns regarding an external website to the administrator of that website. You agree that you will bring no suit or claim against us arising from or based upon any such use of external websites. Hyperlinks to other websites that are provided on the Website are not intended to imply that: (a) we are affiliated or associated with any external website; or (b) any linked site is authorized to use any of our trademarks, trade names, logos, or copyrights.
12.2 . If you link to the Website, you agree that you will not misrepresent your relationship with us or present false or misleading impressions about us. No hyperlinks to the Website may be used in a manner that implies or suggests that Proper approves or endorses you, your website, or your goods and services. We will have no responsibility or liability for any content appearing on your website. No hyperlink may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
12.3 We reserve the right, at any time and in our sole discretion, to request that you remove from your website all hyperlinks or any particular hyperlink to the Website. We may at any time, in our sole discretion, with or without cause, withdraw your right to link to any pages on the Website. Upon our request, you agree to immediately remove all hyperlinks to the Website. Thereafter, your posting of any future hyperlinks to the Website will require our express written permission.
13. TRAVEL DESTINATIONS
Travel to certain destinations may involve greater risk than others. We urge you to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.
NEITHER WE, NOR ANY OTHER PROPERTY OWNERS OR PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS WEBSITE REPRESENT OR WARRANT THAT TRAVEL TO, OR ACCOMMODATIONS IN, DESTINATIONS WHERE SERVICES ARE OFFERED VIA THIS WEBSITE IS ADVISABLE OR WITHOUT RISK, AND ARE NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO, OR STAYING IN, SUCH DESTINATIONS.
14. PROPERTY RESERVATIONS GENERAL TERMS.
14.1 In addition to the other terms and conditions specified on this Website regarding our properties, the following general terms and conditions apply to reservations booked on this Website.
a. Cancellation policies and other information about specific room reservations and properties may vary by property and by the type of reservation. Individual rate rules, tax information, applicable charges and cancellation policies are displayed in the booking engine section of the Website, once you have entered check-in dates and selected a room type.
b. If you plan to travel with your pet, we recommend that you confirm directly with the property that they do, indeed, accept pets. Proper accepts NO RESPONSIBILITY for an individual property’s pet policy.
c. For non-US properties, rates confirmed in USD may be converted to local currency by the property at your time of stay, based on the exchange rate used by the property and are subject to exchange rate fluctuations. Credit card charges are subject to additional currency conversions by banks or credit card companies, which are not within our or the property’s control and may impact the amount charged to your credit card.
d. Reservations made by one or more individuals or by an agency on the Website, on behalf of one or more proposed guests, and involving more than ten (10) rooms at the same property for the same period of stay, must be directly through the property. If more than ten (10) rooms at the same property for the same period of stay are booked through any other method, we reserve the right to impose additional requirements on such reservations.
e. Requests for specific features such as bedding type or non-smoking rooms are simply that, and while most properties will strive to honor your requests, neither we nor the property guarantee that your request will be honored.
f. Some rates have special requirements such as AAA membership or proof of age at check-in. Verify that you qualify for the rate that you have booked. Properties are not obligated to honor this rate if you do not provide proof of qualification at check-in.
THE USE OF THIS WEBSITE BY YOU AND YOUR COMPANY IS AT YOUR AND ITS SOLE RISK. ACCORDINGLY, THE WEBSITE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED AND EXCLUDED, TO THE FULLEST EXTENT PERMITTED BY LAW. SPECIFICALLY, PROPER AND ITS PROPERTY OWNERS AND CONTENT-PROVIDERS DO NOT WARRANT THAT: (a) THE USE OF THIS WEBSITE OR ANY THIRD PARTY SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (b) THAT THE USE OF THIS WEBSITE OR ANY SUCH THIRD PARTY SITE WILL ALLOW YOU TO OBTAIN ANY PARTICULAR RESULTS WHATSOEVER; (c) THE CONTENT OR ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS WEBSITE OR ANY THIRD PARTY SITE ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, OR OF ANY PARTICULAR VALUE OR QUALITY; (d) THAT ANY DEFECTS IN THE WEBSITE OR IN THE CONTENT WILL BE CORRECTED; OR (e) THAT THE WEBSITE AND THE CONTENT ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS.
16. LIMITATION OF LIABILITY
16.1 In no event will Proper or its affiliates, property owners, contractors, suppliers, content-providers, and other similar entities, and the officers, directors, employees, representatives, and agents of each of the foregoing (collectively, the “Proper Parties”), be liable to you, your Company, or any third party for any losses or damages, alleged under any legal theory, arising out of or in connection with: (a) your use of, or reliance on, the Website or the Content; (b) the Proper Parties’ performance of or failure to perform their obligations in connection with these Terms; (c) the defamatory, offensive, or illegal conduct of other users of the Website or of third parties; or (d) your purchase or use of any goods or services provided by third parties.
16.2 Under no circumstances will the Proper Parties be liable to you, your Company, or any third party for any indirect, consequential, incidental, punitive, special, or similar damages or costs (including, but not limited to, lost profits or data, loss of goodwill, loss of or damage to property, loss of use, business interruption, loss of contracts; loss of anticipated savings; wasted management or office time; claims of third parties, and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise) arising out of or in connection with these Terms or the use of the Website or the Content, or the transmission of information to or from the Website over the Internet, even if they were advised, knew, or should have known of the possibility of such damages or costs. In a jurisdiction that does not allow the exclusion or limitation of liability for certain damages, the liability of the Proper Parties will be limited in accordance with these Terms to the extent permitted by law.
16.3 Without limiting any of the foregoing, if the Proper Parties are found liable to you or to any third party as a result of any claims or other matters arising under or in connection with these Terms, the Website, or your use of the Website, the maximum liability for all such claims and other matters will not exceed $100 in any calendar year.
You agree to defend and indemnify the Proper Parties and their officers, directors, employees, representatives, and agents, against all claims, demands, suits, or other proceedings, and all resulting loss, damage, liability, cost, and expense (including reasonable attorneys’ fees), made by any third party arising out of: (a) content, data, or information that you submit, post to, or transmit through the Website; (b) your access to and use of the Content, the Website, and other materials, products, and services available on or through the Website and the Proper Parties; (c) your violation of these Terms; (d) your violation of any rights of any third party; (e) your website; and (f) any unauthorized use of a username, password, or account number. We reserve, and you grant to us, the right to assume the exclusive defense and control of any matter subject to indemnification by you.
These Terms will be construed and enforced in accordance with the laws of the State of California. You and your Company agree that any cause of action arising under these Terms or otherwise involving this Website will be brought exclusively in the United States District Court for the Central District of California or in any California state court having jurisdiction over the matter. You and your Company expressly consent to jurisdiction and venue in such courts.
19. WAIVER OF JURY TRIAL
YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL IN ANY ACTIONS, SUITS, OR PROCEEDINGS ARISING OUT OF OR RELATING TO THESE TERMS AND THE MATTERS CONTEMPLATED HEREBY.
20.2 Our electronically or otherwise properly stored copy of these Terms will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms.
20.3 Any provisions of these Terms that are reasonably inferable to have been intended to survive termination (including, but not limited to, any provisions regarding limitation of our liability or indemnification) will continue in effect beyond any such termination of access to this Website.
20.4 These Terms do not confer any rights, remedies, or benefits upon any person other than you.
20.5 We may assign our rights and duties under these Terms at any time to any third party without notice. You may not assign these Terms without our prior written consent.
20.6 Our waiver of any breach of these Terms will not be a waiver of any preceding or subsequent breach thereof.
20.7 If any provision of these Terms is held to be invalid or unenforceable, that provision will be stricken and will not affect the validity and enforceability of any remaining provisions.
20.8 Possible evidence of use of the Website for illegal purposes will be provided to law enforcement authorities.
20.9 Discontinuation of use of this Website is your sole right and remedy for any dissatisfaction with the Website or any of the Content.
20.10 If we take any action to enforce this Agreement, we will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorneys’ fees and any cost of litigation, in addition to any other relief, at law or in equity, to which we may be entitled.
20.11 YOU HEREBY WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO THIS WEBSITE BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH SUCH CLAIM OR ACTION IS BASED.
21. OTHER AGREEMENTS
If you have entered into a separate agreement with Proper with respect to your use of the Website or any Content, that agreement will supersede these Terms to the extent they are in conflict.
Please contact us with any questions regarding the Website or these Terms at:
1437 7th Street, Suite 250
Santa Monica, CA 90401
Attn: Legal Department
BY ACCESSING AND USING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS.