PRIVACY POLICY

Privacy Policy

In this Privacy Policy and Terms of Use, the following terms shall have the respective meanings specified below unless the context otherwise requires:

“Club Swiss Gold” means Swissôtel Hotels & Resorts’ exclusive, invitation only programme described at the uniform resource locator http://www.swissotel.com/csg/index.shtml;

“Content” means all information, documents, intellectual property, services and other material (including any software and links) available on the Swissôtel Website;

“Disclose” means the transfer or disclosure of Personal Information by Swissôtel Hotels & Resorts;

“Guests Sign Up” means the online form provided by Swissôtel Hotels & Resorts at the uniform resource locator http://www.swissotelcrm.com/gsu/sign_up_swissotel.htm or such other Internet address as Swissôtel Hotels & Resorts may specify;

“Mandatory Information” means information that Swissôtel Hotels & Resorts may ask you to provide on the Swissôtel Website which has been identified as mandatory, and without which Swissôtel Hotels & Resorts will be unable to process any request made by you;

“Online Reservations” means the online facility for Users to review and make room reservations at Swissôtel Hotels & Resorts;

“Optional Information” means information which Users may choose not to provide to Swissôtel Hotels & Resorts at their option;

“Parties” means Swissôtel Hotels & Resorts and the User, and “Party” means any one of them;

“Personal Information” means all personal information provided by the User to Swissôtel Hotels & Resorts, including but not limited to the User’s first and last name, title, mailing address, e-mail address, telephone and fax number, language, employer, business title, diverse preferences regarding accommodation and travel habits, credit card number and its expiration date, and other personal identifying information;

“Policy” means this Privacy Policy and Terms of Use;

“Process” means any use, storage or processing of Personal Information by Swissôtel Hotels & Resorts on the Swissôtel Website;

“Purposes” means Swissôtel Hotels & Resorts’ purposes for obtaining the Users Personal Information on the Swissôtel Website, including but not limited to:

1. determining the availability of Swissôtel Hotels & Resorts services;
2. arranging room reservations at Swissôtel Hotels & Resorts;
3. enhancing the convenience of the User’s present and future stays;
4. keeping the User informed about new products, services or offers which it believes may be of interest to the User; or
5. any other purpose which Swissôtel Hotels & Resorts may from time to time determine;

“Swissotel Hotels & Resorts” shall where appropriate, be taken to refer to (a) any or all hotels or resorts operating under the Swissôtel name or brand; or (b) the entity owning, operating or managing the Swissôtel Website; or (c) the specific Swissôtel hotel or resort property that is the subject of or concerning any query, Personal Information, reservation or, payment submitted or made by the User or on his behalf, but shall not include the entity which hosts the Swissôtel Website or the server on which the Swissôtel Website resides.

“Swissôtel Website” means the website located at the uniform resource locator http://www.swissotel.com or such other Internet address as Swissôtel Hotels & Resorts may specify or register as the Swissôtel Website, and includes but is not limited to Online Reservations, Guest Sign Up and Club Swiss Gold;

“Trade Marks" shall mean, without any limitation, the "Swissôtel" and "Swissôtel Hotels & Resorts" names and trade marks, all names, trade marks and devices that are owned, registered or used by Swissôtel or are substantially similar to names, trade marks and devices owned, registered or used by Swissôtel, or are displayed on this Swissôtel Website.

“User” means any person who browses, visits or uses the Swissotel Website;

1. Words using the singular or plural number also include the plural or singular number.
2. Any reference to a "person" or “entity” includes a reference to an individual, a sole-proprietor, a partnership, an unincorporated association and a company.
3. Any reference to a "Clause" is to a clause of the Policy.
4. The headings in this Policy are inserted for convenience only and shall be ignored in construing this Policy.
5. A reference to the word “include” or “including” shall not be construed as having any limiting effect.

Acceptance of Terms

1. By accessing and/or using the Swissôtel Website, you accept and agree to be bound by this Policy. All Content available on the Swissôtel Website is subject to this Policy. If you do not agreed to this Policy, you may not use, access or submit information to the Swissôtel Website.
2. The Swissôtel Website shall be subject to the most current version of the Policy as may be applicable from time to time. Swissôtel Hotels & Resorts reserves the right to change, add to and cancel any or any part of this Policy without prior notice to you at any time, at Swissôtel Hotels & Resorts’ sole discretion, by posting a copy of the amended Policy on the Swissôtel Website.
3. This Policy shall be in the English and German languages, and at all times, including in the event of any discrepancy, the English version shall prevail.

General Privacy Policy

1. Swissôtel Hotels & Resorts wants you to know that we are as concerned as you are about the privacy of any information that you may provide to us through the Swissôtel Website. Swissôtel Hotels & Resorts makes every attempt to ensure that all our business practices that involve the use of your information are compliant with privacy regulations in the countries where we operate.
2. When you use certain online services of the Swissôtel Website, including but not limited to Online Reservations, Guest Sign Up and Club Swiss Gôld, Swissôtel Hotels & Resorts may ask you to provide certain information which relates to you by filling out and submitting the online forms.
3. Accordingly, Swissôtel Hotels & Resorts wants to not only advise you of your privacy rights in relation to your use of our Swissôtel Website but also explain how we intend to respect them.

Providing Personal Information on Our Swissôtel Website

1. Depending upon the service you wish to use, we may require you to provide Mandatory Information or Optional Information.
2. If you do not provide the Mandatory Information with respect to a particular service, we will not be able to process any request you may make.
3. There are no consequences where you elect not to provide Optional Information.
4. Our web server will recognise your domain name, but not your e-mail address.
5. We utilize 'cookie' technology in the public area of the Swissôtel Website to facilitate and increase your user experience of the Swissôtel Website by, for example, prevent the same User from making repeated enrolments in Swissôtel Hotels & Resorts' Guest Sign Up.

How May Your Personal Information Be Used?

1. We propose to Process the Personal Information provided by you to the Swissôtel Website for the Purposes.
2. There are no consequences if you do not consent to the Purposes, except where specified on the Swissôtel Website.
3. If you do not wish to have your Personal Information Processed for any of the Purposes then you will have the opportunity to indicate this in the manner set out at Clause below when you upon submitting any request to the Swissôtel Website.

To Whom and Where May Personal Information Be Disclosed

1. Your Personal Information may, for the Purposes described above, be Disclosed by Swissôtel Hotels & Resorts to any or all of its subsidiaries, associated companies or affiliates wherever located in the world in whichever different jurisdiction they may operate, including but not limited to hotels or resorts operating under the Raffles or Fairmont name or brand, depending on which entity can best provide the information requested or products or services sought.
2. Swissôtel Hotels & Resorts will not Disclose your Personal Information to third parties which are not subsidiary to, associated or affiliated with, or part of Swissôtel Hotels & Resorts. Where a third party Processes your Personal Information on behalf of Swissôtel Hotels & Resorts then such Processing will be governed by a contract in the form required by law.

Protection of Your Personal Information

1. The Personal Information that you provide in connection with the Online Registration and Club Swiss Gôld ('Self Adaptable Data') is protected in several ways.
   • Your information is encrypted when traveling over the Internet.
   • Access by you to this data is available through your User ID and a Password. We strongly recommend that you do not divulge your password to anyone.
   • Your information is stored on a secure server that resides behind a firewall after your information reaches Swissôtel Hotels & Resorts.
   • The firewall is designed to block access to this data from outside Swissôtel Hotels & Resorts.
   • Inside Swissôtel Hotels & Resorts only selected Swissôtel Hotels & Resorts staff and contractors have access to the server via their password.
2. Personal Information and other data that you provide (for example in connection with a current reservation), other than Self Adaptable Data, is protected in several ways. Since this information is not accessible from outside Swissôtel Hotels & Resorts, you will not be asked to select a User ID and a Password.
   • Your information is encrypted when travelling over the Internet.
   • Your information is stored on a secure server that resides behind a firewall after your information reaches Swissôtel Hotels & Resorts.
   • The firewall is designed to block access to this data from outside Swissôtel Hotels & Resorts.
   • Only selected Swissôtel Hotels & Resorts staff and contractors have access to the server via their password.

Retention of Your Personal Information

1. Your Personal Information will only be kept for such periods as is permissible by law.
2. Where Swissôtel Hotels & Resorts no longer requires your Personal Information for the Purposes, it may permanently erase your Personal Information without prior notice to you.

Consent and Opt-Out

1. By providing your Personal Information and then pressing the [Submit Request] link, you freely consent, subject to a notification to the contrary provided in the manner provided below, to Swissôtel Hotels & Resorts Processing your Personal Information for the Purposes and, where necessary, the Disclosing of your Personal Information for these Purposes to any or all entities within Swissôtel Hotels & Resorts as well as its subsidiaries, associated companies and affiliates, wherever they may, from time to time, be located.
2. Where you do not wish to have Personal Information Processed for any or all of the Purposes, you should so indicate your preference in the text of an e-mail. If you wish to remove your Personal Information from our e-mail and / or direct mailing list providing you with information about new products and services or offers that we believe may be of interest to you, please opt out by checking the appropriate box when you provide your Personal Information to the Swissôtel Website.
3. You may at any time request Swissôtel Hotels & Resorts via e-mail to make available a copy of your Personal Information. You have the right to access, update, change, correct or delete your Personal Information and preferences at any time.
4. In your correspondence with Swissôtel Hotels & Resorts under this Clause, please indicate the location on the Swissôtel Website where you provided your Personal Information with as much detail as possible. Inaccurate description will cause delay in processing your request.
5. You may be able to amend certain Personal Information yourself. This can be accomplished by logging into your profile with your User ID and your Password, changing the appropriate information and submitting the modified form (subject to the instructions on the web page in question). Your access to this Personal Information should be provided, except in case of maintenance or disruption of our servers, or a Force Majeure Event.

General Information

1. You may contact Swissôtel Hotels & Resorts at the following email address: Ask-us@swissotel.com
2. Swissôtel Hotels & Resorts may change, amend, delete or add to the Purposes for Processing at any time and in its sole discretion, and shall notify you of the updated Purposes where required to do so, as soon as practicable. Swissôtel Hotels & Resorts will also publish the most current version of the Policy on the Swissôtel Website.
3. Third party web sites to which the Swissôtel Website may link have separate privacy policies and data collection practices. Swissôtel Hotels & Resorts is neither responsible for the content of such web sites nor for such privacy and data collection practices.

TERMS OF USE

Use of Swissôtel Website and Online Reservations

1. Online Reservations is provided solely to assist Users to determine the availability of Swissôtel Hotels & Resorts’ services and to make legitimate reservations at Swissôtel Hotels & Resorts and for no other purposes.
2. You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use the Swissôtel Website or Online Reservations in accordance with this Policy. You agree that you are financially responsible for your use of the Swissôtel Website, as well as for any use of your User ID and/or password account by others, including but not limited to minors living with you.
3. You warrant that all Personal Information supplied by you in the use of the Swissôtel Website or Online Reservations is true and accurate and is not for any false or fraudulent purpose. You agree that the Swissôtel Website and/or the facilities provided by Online Reservations shall be used only to make legitimate reservations for you or for another person for whom you are legally authorized to act, and that overuse or abuse of the reservation facilities of Online Reservations may result in your being denied access to Online Reservations or the Swissôtel Website.
4. You agree and warrant that you will not use the Swissôtel Website for any purpose that is unlawful or is otherwise prohibited by this Policy.
5. For any reservations or other Swissôtel Hotels & Resorts services for which fees may be charged, you agree to abide by the terms or conditions of purchase imposed, including but not limited to payment of all amounts when due and compliance with all rules and restrictions regarding availability of rates, or services provided.
6. You shall be responsible for all charges, fees, duties and/or taxes arising out of the use of Online Reservations or the Swissôtel Website.

Intellectual Property

1. The Content of the Swissôtel Website is the property of Swissôtel Hotels & Resorts or its licensors. Any reproduction, republication, modification, copying distribution, transmission, display or sale of any of the Content of the Swissôtel Website without the express written consent of Swissôtel Hotels & Resorts is prohibited.
2. Swissôtel Hotels & Resorts, or its subsidiaries, associated companies and affiliates have registered or applied for various trademarks including but not limited to the name of Swissôtel Hotels & Resorts and the components of its logo. All registered or pending trademarks may not be used or displayed publicly without the prior written consent of the registrant of the trademarks.
3. The Swissôtel Website may contain or make reference to trademarks, patents, trade secrets, copyright, technologies, products, processes or other proprietary rights of Swissôtel Hotels & Resorts, its affiliates, and / or other parties. No license to or right in any of the trademarks, patents, trade secrets, copyright, technologies, products processes or other proprietary rights of Swissôtel Hotels & Resorts, its affiliates, and / or other parties is granted to or conferred upon you by reason of such reference.

Non-Confidential Communications

With respect to all communications you make to Swissôtel Hotels & Resorts regarding Swissôtel Hotels & Resorts information which do not contain Personal Information, including but not limited to feedback questions, comments or suggestions:

1. You have no right of strict confidentiality in your communications and Swissôtel Hotels & Resorts shall have no obligation to protect your communications from any reasonable or legitimate disclosure;
2. Swissôtel Hotels & Resorts shall be free to reproduce, use, disclose and distribute your communications to others without limitation for any reason or legitimate purpose; and
3. Swissôtel Hotels & Resorts shall be free to use any ideas, concepts, know-how or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information.

Warranties / Representations

1. No Binding Offer
   The Content of the Swissôtel Website, other than reservations made at Online Reservations, but including e-mail notifications and news updates whether via Guest Sign Up or otherwise, is intended for informational purposes only and does not in any case constitute a legally binding offer. For more detailed information regarding Online Reservations, please check the Swissôtel Website.
   
2. No Reliance (Accuracy, Reliability and Completeness of Swissôtel Website)
   While Swissôtel Hotels & Resorts shall in good faith make such efforts as are reasonable to ensure that the Content is accurate, complete and current, the Content or the Swissôtel Website may contain technical inaccuracies or typographical errors. Swissôtel Hotels & Resorts, make no express or implied warranty or representation (including liability towards third parties) as to its accuracy, reliability or completeness. . Swissôtel Hotels & Resorts reserves the right to make changes, additions, removal, corrections and / or improvements to the Content or the Swissôtel Website, and to the products and programmes described on the Swissôtel Website at any time without notice. The Swissôtel Website contains information on Swissôtel Hotels & Resorts' worldwide products and services, not all of which are available in every location. A reference to a Swissôtel Hotels & Resorts product or service on the Swissôtel Website shall not imply that such a product or service is or will be available in your location.
   
3. No Warranty by Swissôtel Hotels & Resorts
   The Swissôtel Website and its Content are provided 'AS IS' and without any warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement of any rights or obligations. The Swissôtel Website makes no warranty or representation that descriptions of products in the Swissôtel Website are accurate, complete, current, or reliable in any or all respects.
   
4. No Warranty for Virus Free Content
   Swissôtel Hotels & Resorts assumes no responsibility for, and makes no warranty that, the functions on the Swissôtel Website will be uninterrupted or error-free, that defects will be corrected, or that the Swissôtel Website (including the Content) or the servers that make it available will be free from any harmful components including but not limited to viruses, Trojan horses or worms.

Liability Waiver

Your use of the Swissôtel Website is at your own risk. Under no circumstances shall Swissôtel Hotels & Resorts and / or any of its affiliates, officers, directors, employees, subsidiaries, associated companies or parents be liable for any damages of whatever nature, whether direct, indirect, punitive, special, incidental, or consequential damages, and including, without limitations, lost revenues or lost profits arising out of or in any way connected to the access to or use of, reliance on, or inability to access or use, the content of the Swissôtel Website, or resulting from the access to, or inability of access to linked web sites, whether based on contact, tort, strict liability or otherwise, even if Swissôtel Hotels & Resorts and/or any of its affiliates, officers, directors, employees, subsidiaries, associated companies or parents has / have been advised of the possibility of damages.

Links

1. No Responsibility for or Endorsement of Linked Web Sites
   The Swissôtel Website may contain links to other web sites which are not owned or maintained by Swissôtel Hotels & Resorts. Swissôtel Hotels & Resorts shall not be held responsible for the information, products, services or other material obtained on such other web sites and shall not be liable for any damages arising from the access to or use of such web sites. The inclusion of these links on the Swissôtel Website does not imply any endorsement or approval of the linked sites, or the content, information or any linked addresses therein.
   
2. No Linking without Consent of Swissôtel Hotels & Resorts
   The hyperlinking to the Swissôtel Website from other web sites is prohibited without obtaining the express prior written consent of Swissôtel Hotels & Resorts. Please contact us at askus@swissotel.com for any inquiries.

Data Security

1. General Information
   Please be notified that the World Wide Web is a publicly accessible system. The submission or making available or any personal information is done at your own risk. Your Personal Information or data might be lost during transmission or may be accessible to unauthorised third persons notwithstanding the best efforts of Swissôtel Hotels & Resorts in its security or data encryption measures.
   
2. Browsing
   The Swissôtel Website is not configured to collect any identifiable personal information from the User who is merely browsing on it. It collects information for general statistical purposes only. Unless you voluntarily provide Swissôtel Hotels & Resorts with your Personal Information, it will not be available to Swissôtel Hotels & Resorts.
   
3. Internet Protocol (IP) Address
   All Users are put on notice that the requesting of a page from the Swissôtel Website will result in the User’s current IP address being logged and recorded by Swissôtel Hotels & Resorts for the purpose of diagnostics.
   
4. Cookies
   The Swissôtel Website uses 'cookie' technology which is designed only to facilitate your visit on the Swissôtel Website.
   
5. Encryption System
   All Personal Information provided while making a reservation at Online Reservations shall be encrypted. Swissôtel Hotels & Resorts stores User’s Personal Information on a secure server that resides behind a firewall. The firewall is designed to block access to this data from outside Swissôtel Hotels & Resorts.

Personal Data and Protection

1. Data protection is very important to Swissôtel Hotels & Resorts and the Personal Information (any information relating to you) of our customers is treated absolutely confidentially. When we need to collect Personal Information from you, we generally ask you to voluntarily supply us with the required Personal Information. This Personal Information will not be made accessible to third parties except where required by law, by Order of court or by any competent regulatory authority.
2. Your Personal Information will only be processed for the Purposes indicated in this Policy or as evident under the circumstances.

Force Majeure

Swissôtel Hotels & Resorts shall not be liable for or be deemed to be in breach of the any of its obligations in relation to this Policy which may arise from or be due to any Force Majeure Event, which shall be taken to mean any event or circumstance the occurrence and the effect of which Swissôtel Hotels & Resorts could not reasonably prevent or avoid, including but not limited to:

1. explosion, fire, flood, war, earthquake, storm or other natural disasters;
2. war, declared or undeclared, sabotage, insurrection, terrorist or criminal acts, riot or civil disturbance;
3. import or export regulations or embargo or requisition restrictions regulations bye-laws prohibition or any acts or measures or intervention of any governmental or regulatory authority;
4. epidemic, quarantine restrictions, outbreak of disease or any travel restrictions or bans (including bans on non-essential travel) issued by the World Health Organisation or any governmental authority;
5. computer viruses, worms, Trojan Horses, power failures, Internet interruptions or unforeseen technical failures;
6. strike, lock-out, work stoppage or other industrial action or trade dispute (whether involving employees of the Swissôtel Hotels & Resorts or any other person); and
7. any default act or omission on the part of Swissôtel Hotels & Resorts’ suppliers or sub-contractors.

Complete Contract

This Policy represents the entire understanding and agreement between the Parties concerning the Swissôtel Website. Any and all previous course of dealings, written or oral understandings, discussions, representations, correspondence and communications between the Parties relating to the matters covered by this Policy are hereby superseded.

Severability

If any provision of this Policy is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Policy and the remainder of the provisions in question shall not be affected thereby.

Rights of Third Parties

A person or entity who is not a Party to this Policy shall have no right to enforce any term of this Policy, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description.

No Partnership or Employment

This Policy shall not be deemed to create any partnership or employment relationship between the Parties.

Governing Law and Jurisdiction

By accessing and using any services of the Swissôtel Website, you agree that this Policy and all matters relating to and / or any disputes arising out of this Policy or the user's access to or use of the Swissôtel Website shall be construed in accordance with, and governed by, the laws of the Republic of Singapore, and that you will submit to the exclusive jurisdiction of the Courts of the Republic of Singapore.