Effective as of March 12, 2013
WE RESPECT THE PRIVACY OF EVERY INDIVIDUAL WHO VISITS THIS SITE
This Privacy Policy explains how http://www.hardrockhotels.com ("Website") collects and otherwise processes personally identifiable information ("Personal Information"). You may choose to submit Personal Information (such as your name, address, e-mail address and telephone number) to us at several different points on our Website. We collect, use and disclose Personal Information for business purposes only unless otherwise set out herein. We will not share this information in ways different from what is disclosed in this statement. If you have any questions about this Privacy Policy or the Website, please contact us at
customer_care@HardRock.com.
WHO IS COLLECTING YOUR INFORMATION
The Website is owned and operated by Hard Rock Cafe International (USA), Inc. ("Hard Rock"). This Policy applies only to the Website. Hard Rock is the sole owner of the information collected on the Website.
LINKS
This Website contains links to other sites 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.
WHAT INFORMATION WE COLLECT
Personal Information from this Website is gathered in two ways: (1) indirectly, i.e., certain website information about you, such as domain name, browser type and page views, which is collected through our site's technology; and (2) directly, when you voluntarily submit Personal Information, such as first and last names, addresses and email address(es) in connection with various marketing and promotional activities conducted on the Website. 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.
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 this Website.
COOKIES
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 site, 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.
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 thirty (30) 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.
SUBSCRIBERS/ORDERS
In order to use and participate in certain programs or services offered by Hard Rock via this 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. 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.
Your Personal Information may be maintained and processed by our affiliates and other third‑party service providers in the US, Canada or other jurisdictions. For information on the way in which our service providers treat your Personal Information, please contact us as set out below.
We or our affiliates or our Canadian, US and other service providers may also need to disclose your Personal Information where required by law, court order, search warrant or other legally valid inquiry or order, 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 business (including transfers made as part of insolvency or bankruptcy proceedings) or as part of a corporate reorganization or other change in corporate control.
CHOICE/OPT-IN
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.
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 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 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 Services and other programs.
CONDOMINIUM SUBMISSIONS
We request information from those users that are interested in receiving information about the Hard Rock Hotel Condominium Residences. Because these Residences are not owned, developed or sold by us or any of our affiliates, but rather by a third-party developer, if you submit information to us for this purpose, we will collect the information, provide a copy of the information to the developer (so that they can contact you and follow up on your request) and retain a copy of the information for our records and use. This information shall be owned jointly by the third-party developer and us. Notwithstanding anything in this policy to the contrary, we will not monitor the developer's use of this information and in no event will we be responsible for the developer's use of the information, which may or may not be used consistent with the terms of this Privacy Policy. For example, if you want to opt out of further uses of your information by developer or update your information, you will need to contact the developer directly. If you do not want the information shared with the developer consistent with these conditions, do not submit your information for this purpose.
PROTECTING CHILDREN
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
customer_care@hardrock.com.
We aim to keep our information about you as accurate as possible. If you would like to access, update, review or change the details you have supplied us with, please contact us as set out below. In some cases we may need to use Personal Information obtained previously to verify your identity.
HOW WE ENSURE THE SECURITY OF YOUR DATA
When users submit Personal Information via the Website, your information is protected both online and offline. When our registration/order form asks users to enter sensitive information (such as credit card number and/or social security number), that information is encrypted and is protected with the best encryption software in the industry.
We have also 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.
HOW TO CONTACT US
You may address all communications to Privacy Policy, Hard Rock Cafe International (USA), Inc., 6100 Old Park Lane, Orlando, FL. 32835, or e-mail
customer_care@hardrock.com. Please include your name, address and phone number or e-mail in all communications and state clearly the nature of your request.
ENFORCEMENT
This Website is compliant with the U.S. Commerce Department Safe Harbor provisions. In order to demonstrate that our privacy policy accords with the above privacy instrument, we are voluntarily committed to a Self Assessment procedure. If you feel that Hard Rock has not complied with the policies outlined in this privacy policy, please contact us at
customer_care@hardrock.com, attention: Privacy Compliance. The Company will investigate and attempt to resolve complaints and disputes regarding use and disclosure of Personal Information in accordance with the principles contained in this Policy. For complaints that cannot be resolved between the Company and the complainant, the Company has agreed to participate in the dispute resolution procedures of the American Arbitration Association ("AAA") in accordance with its applicable commercial rules as well as the Safe Harbor Principles.
CHANGES TO OUR PRIVACY POLICY
This privacy policy is effective as of March 12, 2013. If we make any changes to our Policy, we will post the updated Policy, provided on an updated homepage link, and may post other places we deem appropriate. Users who have authorized e-mail communication will be notified via e-mail of any material changes to the Policy. We will use Personal Information in accordance with the Privacy Policy under which it was collected.
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 3rd 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.
