Effective as of September 16, 2016
WE RESPECT THE PRIVACY OF EVERY INDIVIDUAL WHO VISITS THIS SITE
WHO IS COLLECTING YOUR INFORMATION
The Website contains links to other sites (such as through the Explore Palm Springs page) whose privacy policies may differ from those of Hard Rock, which we recommend you carefully review and consider. We cannot be responsible for the privacy policies and practices of other websites even if you access them using links from our Website, such as websites for other Hard Rock hotels or casinos that are not owned or managed by Hard Rock, but are owned by franchisees, which are separate and independent entities from Hard Rock.
WHAT INFORMATION WE COLLECT
Personal Information from the Website is gathered in several ways: (1) indirectly, i.e., certain website information about you, such as domain name, IP address, browser type and page views, which is collected through our Website's technology; (2) directly, when you voluntarily submit Personal Information, such as first and last names, addresses, email address(es), phone numbers, marital status, family information, and types of business information, in connection with requests for proposals for weddings, meetings and other special events by completing forms on the Website; along with birthdate, number of children and their ages, social network and ‘handle’ data, preference information, or survey answers/opinions in connection with other various offers, marketing and promotional activities, contests/sweepstakes, or surveys conducted on the Website; (3) directly, when you submit resumes to the third party applicant tracking system described below and respond to job postings through the Website; (4) directly, when you request certain services offered at the Hotel, such as spa services which can be reserved through a third-party service called Booker; and (5) directly, by signing up for mailing lists, such as for the night club, Bardot, by providing your first name, last name, email, zip code; (6) directly, by signing up to receive special offers through email by providing your email address; and (7) directly, when you make a reservation on the Website through the booking engine referenced below (see “Reservation System” below for more information on how this system works). When we collect this type of information, we will notify you as to why we are asking for information and how this information will be used.
When you make a reservation online, you will be asked to supply your name, email address, birthdate, telephone number, and employer or company name, and credit card, debit card or other form of payment information (collectively “Reservation Information”). This Reservation Information is collected and processed by the following online booking engine (“Booking Engine”): Synxis CRS offered by Sabre Hospitality Solutions. The Booking Engine is subject to change and any such change will be reflected in an updated version of this Policy.
The Booking Engine will provide the Reservation Information to both us and to HRHLI, the operator and manager of the Hard Rock Hotel to complete your reservation and to provide you services. Some of the Reservation Information may also be provided to Hard Rock to verify if a visit occurred and for purposes of tracking loyalty rewards under the Hard Rock Rewards Program.
HARD ROCK MAKES NO REPRESENTATION AND WARRANTIES REGARDING SUCH BOOKING ENGINE OR THEIR INFORMATION SECURITY OR PRIVACY PRACTICES. PLEASE NOTE THAT HARD ROCK DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY RELATING TO USE OF YOUR PERSONAL INFORMATION (INCLUDING RESERVATION INFORMATION) BY THE BOOKING ENGINE OR THE OWNERS OR OPERATORS OF THE FRANCHISED HOTELS THAT ARE NOT OWNED, MANAGED OR OPERATED BY HARD ROCK.
RIGHT NOT TO PROVIDE INFORMATION
In certain jurisdictions, you may have the right not to provide Personal Information. However, if you elect not to provide such information, you may not be able to utilize certain services on the Website, including making room and other reservations online.
This Website or the website at www.hardrockhotels.com (“HRH Website”) may include job postings from time to time for this Hard Rock Hotel. You may be given the opportunity to apply for job openings online through an applicant tracking system operated by iCIMS by creating an account and submitting either via this Website or the HRH Website, which is usually received by the human resources department of the hiring company (which may be Hard Rock or HRHLI). If submitted through that tracking system, your resume or CV and other Personal Information (collectively, “Job Posting Information”) will be made available to HRHLI, which is the operator of the Hard Rock Hotel, and the Owner of the Hard Rock Hotel. In addition, your Job Posting Information will be stored in that tracking system in an electronic database maintained by iCIMS in the United States on behalf of Hard Rock and HRHLI.
All such Job Posting Information may be used for the purpose of assessing your suitability for current and future job vacancies and to pursue your recruiting process.
You will also be required to create an account with a user name and password when using an applicant tracking system. You are solely responsible for maintaining the confidentiality of that username and password, and for any unauthorized access or use of your user name and password, except where due to the negligence or other fault of Hard Rock.
Some information that we collect about you is collected passively through the use of "cookies." Cookies are small files of information, which save and retrieve information about your visit to the Website — for example, how you entered and navigated our Website, and what information was of interest to you. We use this information to remember you when you return and to customize our Website to your preferences. You may set your Web browser to notify you when you receive a cookie or to not accept certain cookies. However, you may find that some parts of the Website will not function properly if cookies are refused.
DO NOT TRACK SIGNALS
Currently, our systems do not recognize browser “do-not-track” requests. You may, however, disable certain tracking as discussed in the Cookies section (e.g., by disabling cookies).
THIRD PARTY ANALYTICS AND TRACKING
ACCESS AND CORRECTION
When required in your jurisdiction, Hard Rock will permit individuals to access, correct, amend or delete Personal Information that is demonstrated to be inaccurate or incomplete. If you request access, correction, amendment or deletion of your Personal Information and you have more than one account with us, you will need to instruct us on each account separately. Reasonable access to Personal Information will generally be provided within fifteen (15) calendar days at no cost to you, subject to limited exceptions prescribed by law. Please note that personal profile information supplied by you online at the Website can be accessed by you online at any time and at no charge. You must contact iCIMS directly to access, correct, amend or delete any Job Posting Information you may have submitted through their tracking system.
In order to use and participate in certain programs or services offered by Hard Rock via the Website, you may be asked to first complete a registration form. In order to use or participate in such programs and services, we will need to collect certain Personal Information about you, such as your name, email address and contact details, and, if applicable, credit card payment information. This information is used to communicate with you about specific services, offers, benefits and features on our Website for which you have expressed interest or registered for. For some Website services, you may be asked to provide a password and user identification. This information is collected to confirm eligibility for use of the online services and to establish the identity of the authorized user. You are responsible for maintaining the confidentiality of that password and user identification.
SURVEYS & CONTESTS
From time to time, our Website may request information from you via surveys or contests. Participation in these surveys or contests is completely voluntary. Requested data may include your contact data, data of birth, marital status, number of children and their ages, and your opinion/answers. Contact information will be used to administer your participation in a contest, notify the winners and award prizes. Survey information will be collected and used for purposes of monitoring or improving the use and satisfaction of the Website and our other products and services.
HOW WE SHARE YOUR INFORMATION AND WHO WE SHARE IT WITH
During the course of business, we may disclose, transfer or otherwise make available Personal Information to our affiliates and third-party service providers who have been legally contracted to provide services on our behalf, and are prohibited from using it for any other purpose. It is also shared with the Booking Engine, HRHLI, and the owner of Hard Rock Hotel managed by HRHLI in order to process your reservations and provide you with services. Reservation Information is shared with the Booking Engine, HRHLI and other Hard Rock affiliates as discussed above. Job Posting Information is shared with HRHLI and the owner of the Hard Rock Hotel.
Your Personal Information may be maintained and processed by our affiliates and other third party service providers in the US, Canada or other jurisdictions. Third-party vendors that may receive personal data include payment card processors and financial institutions for transactions and financial management; prize fulfillment company, travel agency, survey research firm, and website analytics firm. In addition, all local, state, federal and foreign countries as mandated by their reporting requirements; and governmental authorities to comply with legal, regulatory or administrative requirements, or to an investigative body in the case of a breach of an agreement or contravention of law, or as otherwise required by Canadian, US or other law. We may also disclose your Personal Information where necessary for the establishment, exercise or defense of legal claims, to investigate or prevent actual or suspected loss or harm to persons or property, or as otherwise permitted by law.
We may transfer your Personal Information as an asset in connection with the sale or transfer of all or part of the Hard Rock business (including transfers made as part of insolvency or bankruptcy proceedings) or as part of a corporate reorganization or other change in corporate control.
Our users are given the opportunity to 'opt out’ of having their Personal Information used for purposes not directly related to the purposes for which it has been collected. Some jurisdictions may require ‘opt-in’ only.
HARD ROCK THIRD-PARTY DISCLOSURE POLICY
We may, under limited circumstances, send you offers for related products or services from affiliated Hard Rock companies or jointly offered by Hard Rock together with select third parties. These offers are sent only to those users who have given their consent or not 'opted out' of receiving marketing materials from Hard Rock.
CONSENT TO SHARING OF PERSONAL INFORMATION
As a global organization, data we collect may be transferred internationally throughout Hard Rock's worldwide organization to Hard Rock’s headquarters in the United States. Some of these foreign jurisdictions may not provide the same level of privacy protection as your local jurisdiction. By using or purchasing services and submitting Personal Information through the Website, you consent to such transfers of your Personal Information. Without such consent, Hard Rock is not able to provide you with access to its online reservation services and other programs made available on the Website.
EU/US PRIVACY SHIELD COMPLIANCE
Hard Rock complies with the EU/US Privacy Shield framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member and treaty countries. We have certified that we adhere to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability.
Hard Rock Cafe International (USA), Inc.
Attn: Tom Gispanski
Customer Care – Privacy Shield
6100 Old Park Lane
Orlando, FL 32835
Please include your name, address and phone number or e-mail in all communications and state clearly the nature of your request or concern.
Hard Rock Cafe International (USA), Inc. has provided a private sector independent recourse mechanism (located in the United States) to investigate and expeditiously resolve individual complaints and disputes. This dispute mechanism will cover all personal data except for human resource data. For more information, visit the website for ICDR®/AAA® EU-U.S. Privacy Shield: International Centre for Dispute Resolution®, the international division of the American Arbitration Association® (ICDR/AAA) at https://info.adr.org/safeharbor/. Under certain limited conditions and as a last resort, the individual can invoke binding arbitration. The Federal Trade Commission has jurisdiction over Hard Rock’s compliance with the Privacy Shield.
If Hard Rock transfers your personal data to a third party, we will ensure the third party is contractually obligated to process your data only for limited, specific purposes consistent with this policy, to apply the same level of protection to that data as the EU-U.S. Privacy Shield Principles, and notify us if it makes a determination that it can no longer meet this obligation. Upon notice, Hard Rock will take reasonable and appropriate steps to stop and remediate unauthorized processing. In cases of onward transfer to third parties of data received pursuant to the EU-US Privacy Shield, Hard Rock is potentially liable for violations of Privacy Shield principles.
Hard Rock Cafe takes special care to protect the safety and privacy of children. For that reason, we never collect or maintain information at our Website from those we actually know are under 13. Our websites are general audience sites.
HOW TO ACCESS AND UPDATE USER INFORMATION
Users who no longer wish to receive our newsletter or promotional materials may opt out of receiving these communications by clicking the unsubscribe link at the bottom of the email or contacting email@example.com.
HOW WE ENSURE THE SECURITY OF YOUR DATA
When users submit Personal Information via the Website, your information is protected both online and offline. We have implemented technical, physical and administrative measures, as well as policies and procedures designed to safeguard your privacy from unauthorized access, use, disclosure, modification or destruction and will continue to update these measures as new technology becomes available. Although we take efforts to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted through the Website, or collected by the Booking Engines or independent owners and operators of the Hard Rock Hotels. Any transmission of Personal Information is at your own risk.
HOW TO CONTACT US
YOUR CALIFORNIA PRIVACY RIGHTS / NOTICE FOR CALIFORNIA RESIDENTS
California residents who have provided Personal Information to Hard Rock may obtain information regarding Hard Rock's disclosures, if any, of Personal Information to third parties for third-party direct marketing purposes. Requests must be submitted to the following address: Hard Rock Cafe International (USA), Inc., 6100 Old Park Lane, Orlando, FL 32835. Attn.: California Privacy. Within thirty (30) calendar days of receiving such a request, we will provide a California Privacy Disclosure, which will include a list of certain categories of Personal Information disclosed during the preceding calendar year to third parties for their direct marketing purposes, along with the names and addresses of the third parties. This request may be made no more than once per calendar year. We reserve our right not to respond to requests submitted other than to the address specified in this paragraph.