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Header-Privacy

Photo Sharing Terms and Conditions

Terms & Conditions for Photo Sharing

Thanks for checking out the terms and conditions that cover Kimpton use of your photographs and images. We’ll refer to these terms and conditions as “Terms.” The full Terms are laid out below. However, make sure you read the entire thing before agreeing to it.

1. TERMS
By submitting a photograph to us or by otherwise agreeing to our use of a photograph according to these Terms, you agree that you have read and fully understand these Terms and will comply with them in their entirety.

2. COPYRIGHT
Don’t give us photographs that you didn’t take yourself or don’t have permission to give to us. You represent and warrant that you have taken the photograph yourself and own the copyright in the photograph, or have received the express permission of the copyright owner to have the photograph used and shared by us in accordance with these Terms.

3. PERMISSION OF ANY PERSON PICTURED
Make sure that you have permission to take the photograph of any and all people appearing in the photograph and have their permission to have their image and name used by us. If any people pictured are minors, you must obtain their parent or guardian’s express permission to have their image and name used by us. You represent and warrant that you have express permission of everyone who appears in the photograph (and their parent or guardian, if applicable) to be photographed and have the photograph and their names used and shared by Kimpton in accordance with these Terms. Before obtaining their permission and sharing the photo with us, send them a copy of or a link to these Terms.

4. KIMPTON’S USE OF PHOTOGRAPHS AND CONTENT
You keep all of your ownership rights to any photograph or other content but give us permission to use the photograph as determined by us. By submitting, or otherwise agreeing to our use of, a photograph or other content, including but not limited to photo captions, your name, and the names of any person appearing in the content (collectively, “Content”), you grant us the worldwide, unrestricted, royalty-free, irrevocable, sub-licensable right to (a) publish, publicly display and perform, modify, edit, alter and otherwise use the Content in whole or in part, without further consent, review or participation from you, for any purpose throughout the world (including commercial and promotional) in any medium or format now existing or hereafter created, including but not limited to print or recorded material, websites, and social media platforms; and (b) use your name, commentary, and other information about you in connection with the Content. We reserve the right to use, not use, or discontinue using any Content in our sole discretion at any time. 

5. THE CONTENT YOU SUBMIT
You agree not to submit any Content that:

  • A. Infringes any intellectual property rights of any other person or third party, including but not limited to copyright and trademark.
  • B. Defames or invades the privacy or publicity rights of any person, living or deceased, or infringes upon any person’s or third party’s personal, property, or other right.
  • C. Is inappropriate, sexually explicit, harassing, abusive, harmful, violent, or otherwise objectionable or offensive in any way.
  • D. Contains any virus, worm, corrupt file, or other forms of malicious code or content that may harm a website or computer.
  • E. Violates any law, statute, ordinance, or regulation.

6. CONFLICT RESOLUTION, WAIVER, AND INDEMNITY
If you have a disagreement with us or think any of your Content has been used without your permission or in violation of your rights, let us know so that we can try to work it out. You can reach us here:

Email: privacypolicy@kimptongroup.com
Mail: c/o Digital Marketing
Kimpton Hotels and Restaurants
222 Kearny St., Suite 200
San Francisco CA 94108

You irrevocably waive all rights and agree to release and hold harmless Kimpton from any and all claims, costs, expenses, damages, causes of action and/or liabilities, of any nature, whether direct or indirect, known or unknown, forseen or unforeseen, arising out of or relating to the Content, including but not limited to defamation; invasion of the rights of privacy or publicity; violation or any moral or artist rights; personal injury, damage to property, or any other similar matter. You further agree to indemnify, defend, and hold Kimpton harmless from any claim or cause of action related to your violation of any these Terms & Conditions.

7. ENFORCEABILITY
If any provision of these Terms & Conditions are deemed invalid, illegal or otherwise unenforceable then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

8. DEFINITION
When we refer to “Kimpton” or “us” or “our” or “we” in these Terms & Conditions, we mean Kimpton Hotel & Restaurant Group, LLC and its affiliates, subsidiaries, successors, sub-licensees and assigns.

Privacy Policy

Kimpton Hotel & Restaurant Group uses your personal information in order to fulfill our commitment to providing an unparalleled guest service experience. As part of that undertaking, we are committed to safeguarding the privacy of the personal information that we gather.

As one of our guests, you understand and agree that we collect, use and disclose your personal information in accordance with this Privacy Policy for Guests (this “Policy").

TYPES OF PERSONAL INFORMATION WE COLLECT

The term "personal information" in this Policy refers to information which does or is capable of identifying you as an individual. The types of personal information that we process (which may vary by jurisdiction based on applicable law) include:

  • your name, gender, home and work contact details, business title, date and place of birth, nationality and passport and visa information;
  • guest stay information, including the hotels where you have stayed, date of arrival and departure, goods and services purchased, special requests made, observations about your service preferences (including room and holiday preferences), telephone numbers dialed and faxes and telephone messages received;
  • your credit card details, Kimpton Karma Rewards member information, online user account details, profile or password details and any frequent flyer or travel partner program affiliation;
  • any information necessary to fulfill special requests (e.g., health conditions that require specific accommodation, purchase of goods and services);
    information you provide regarding your marketing preferences or in the course of participating in surveys, contests or promotional offers;
  • information collected through the use of closed circuit television systems, card key and other security systems; and
  • contact and other relevant details concerning the employees of corporate accounts and vendors and other individuals with whom we do business (e.g., travel agents or meeting and event planners).
    geolocation information for our mobile internet and iPhone app users, upon your consent

Most of the personal information we process is information that you or someone acting on your behalf knowingly provides to us. However, in some instances, we process personal information that we are able to infer about you based on other information you provide to us or on our interactions with you, or personal information about you that we receive from a third party.

HOW WE USE INFORMATION

Demographic and profile data is collected at our site, and we use this data in two main ways: First, we analyze visitor information in aggregate, which means that we collect information about thousands of site visits and analyze it as a whole. This kind of study involves looking for trends among many visitors to our site, rather than analyzing information about any individual visitor. Examples include researching which parts of the site are accessed most frequently or determining which products are most attractive to our users.

Second, we may use specific information you provide to help us customize our communications with you and improve our service to you when you visit any Kimpton property, to conduct market research, customer satisfaction and quality assurance surveys and to direct marketing and sales promotions. For instance, if you inform us of a room or service preference, we will attempt to satisfy that request when you visit us in the future and may send you promotions relating to that preference.

We use third parties to build and manage these communication and preference systems, and our arrangements with these third parties prohibit them from disclosing your personal information.

Specifically, subject to applicable laws, we may collect, use and disclose relevant portions of your personal information in order to:

  • provide and charge for the hotel accommodation and other goods and services you purchase;
  • provide you with a better, more personalized level of service;
  • administer the Kimpton Karma rewards program;
    fulfill contractual obligations to you, anyone involved in the process of making your travel arrangements (e.g., travel agents, group travel organizers or your employer) and vendors (e.g., credit card companies, airline operators and other loyalty programs);
  • conduct market research, customer satisfaction and quality assurance surveys, direct marketing and sales promotions;
  • respond to requests for information and services;
    provide for the safety and security of staff, guests and other visitors;
  • administer general record keeping; and
  • meet legal and regulatory requirements

SHARING OF PERSONAL INFORMATION

We reveal Personally Identifiable Information about you to unaffiliated third parties if:


  • you request or authorize it;
  • the information is provided to help complete a transaction for you;
  • the information is provided to comply with the law, applicable regulations, court orders or subpoenas, to enforce our Terms of Use or other agreements, or to protect our rights, property or safety or the rights, property or safety of our users or others (e.g., to a consumer reporting agency for fraud protection etc.);
  • the disclosure is done as part of a changeover in management of a hotel or restaurant from Kimpton to a third party;
  • the information is provided to our agents, outside vendors or service providers to perform functions on our behalf (e.g., analyzing data, providing marketing assistance, providing customer service, processing orders, etc.); or
  • to others as described in this Privacy Policy.


TYPES OF PERSONAL INFORMATION WE COLLECT

The term "personal information" in this Policy refers to information which does or is capable of identifying you as an individual. The types of personal information that we process (which may vary by jurisdiction based on applicable law) include:

  • Your name, gender, home and work contact details, business title, date and place of birth, nationality and passport and visa information;
  • Guest stay information, including the hotels where you have stayed, date of arrival and departure, goods and services purchased, special requests made, observations about your service preferences (including room and holiday preferences), telephone numbers dialed and faxes and telephone messages received;
  • Any information necessary to fulfill special requests (e.g., health conditions that require specific accommodation, purchase of goods and services);
  • Information you provide regarding your marketing preferences or in the course of participating in surveys, contests or promotional offers;
  • Information collected through the use of closed circuit television systems, card key and other security systems; and
  • Contact and other relevant details concerning the employees of corporate accounts and vendors and other individuals with whom we do business (e.g., travel agents or meeting and event planners);
  • Geolocation information for our mobile internet and iPhone app users, upon your consent.

Most of the personal information we process is information that you or someone acting on your behalf knowingly provides to us. However, in some instances, we process personal information that we are able to infer about you based on other information you provide to us or on our interactions with you, or personal information about you that we receive from a third party. 

HOW WE USE INFORMATION

First, we analyze visitor information in aggregate, which means that we collect information about thousands of site visits and analyze it as a whole. This kind of study involves looking for trends among many visitors to our site, rather than analyzing information about any individual visitor. Examples include researching which parts of the site are accessed most frequently or determining which products are most attractive to our users.

Second, we may use specific information you provide to help us customize our communications with you and improve our service to you when you visit any Kimpton property, to conduct market research, customer satisfaction and quality assurance surveys and to direct marketing and sales promotions. For instance, if you inform us of a room or service preference, we will attempt to satisfy that request when you visit us in the future and may send you promotions relating to that preference.

We use third parties to build and manage these communication and preference systems, and our arrangements with these third parties prohibit them from disclosing your personal information.

Specifically, subject to applicable laws, we may collect, use and disclose relevant portions of your personal information in order to:

  • Provide and charge for the hotel accommodation and other goods and services you purchase;
  • Provide you with a better, more personalized level of service;
  • Administer the Kimpton Karma Rewards guest loyalty program;
  • Fulfill contractual obligations to you, anyone involved in the process of making your travel arrangements (e.g., travel agents, group travel organizers or your employer) and vendors (e.g., credit card companies, airline operators and other loyalty programs);Conduct market research, customer satisfaction and quality assurance surveys, direct marketing and sales promotions;
  • Respond to requests for information and services;
  • Provide for the safety and security of staff, guests and other visitors;
  • Administer general record keeping; and
  • Meet legal and regulatory requirements

SHARING OF PERSONAL INFORMATION

We reveal Personally Identifiable Information about you to unaffiliated third parties if:

  • You request or authorize it;
  • The information is provided to help complete a transaction for you;
  • The information is provided to comply with the law, applicable regulations, court orders or subpoenas, to enforce our Terms of Use or other agreements, or to protect our rights, property or safety or the rights, property or safety of our users or others (e.g., to a consumer reporting agency for fraud protection etc.);
  • The disclosure is done as part of a purchase, transfer or sale of services or assets (e.g., in the event that substantially all of our assets are acquired by another party, customer information may be one of the transferred assets);
  • The information is provided to our agents, outside vendors or service providers to perform functions on our behalf (e.g., analyzing data, providing marketing assistance, providing customer service, processing orders, etc.); or
  • To others as described in this Privacy Policy.

Contact Us

If you have any questions about our privacy policies or any other matter, please contact us at privacypolicy@kimptongroup.com.

Effective Date

January 19, 2016