I. PRIVACY POLICY AND TERMS AND CONDITIONS OF USE
The website marketingtools.iberostar.com is the property of IBEROSTAR HOTELES Y APARTAMENTOS SL, commercial entity founded in accordance with Spanish legislation, with registered offices at C/ General Riera, 154, 07012, Palma de Mallorca, and Corporate Tax ID No. B-28049344, registered in the Mallorcan Mercantile Register under volume 1687, sheet 59, page number PM-5191, 1st Inscription.
In addition to the aforementioned address, users have access to the following email address, where they can send questions, queries and complaints in relation to the website: marketingtools@iberostar.com
II. PRIVACY POLICY
1. DATA PROCESSING WHILE BROWSING
In accordance with the legal obligation detailed in Art. 22.2 of the Law for the Information Society and Electronic Commerce Services, No. 34/2002, of July 11, we inform you that this website uses cookies. A cookie is a small piece of data sent from a website to the hard drive of any computers connected to it. We use "session cookies" to identify users browsing our website. These "session cookies" are automatically deleted from your hard drive when the session ends. We also use cookies to compile anonymous, aggregated statistics that allow us to analyse how users use our website in order to improve it. We only save the following information about visitors to our website:
a) The Internet Service Provider (ISP) and/or IP address used to access the internet. For example, a xxx ISP user will only be identified by the domain xxx.es and/or the IP address. This allows us to compile statistics on the countries and servers that most frequently visit our website.
b) The date and time you access our website. This allows us to see when we have more visitors to our website, so we can make the necessary adjustments to avoid saturation at peak times.
c) The internet address containing the link used to access our website. This data allows us to see how effective different banners and links directing users to our website are, in order to promote those with the best results.
d) The number of daily visitors to each area of the website. This lets us know the most popular website areas, which enables us to expand and improve website content, providing a better experience for users.
Cookies allow us to obtain the following information: a) The date and time of your last visit to our website. b) Any website content visited by the user.
c) Security features that control access to restricted areas.
features are associated with a single user and their personal computer, which means this is the only data that will be used to improve the services on offer. The user has the option not to accept cookies, and the option to be informed when they are stored on the internet browser. However, the website owner assumes no responsibility if not accepting cookies prevents the proper functioning of the website.
Although the information obtained is completely anonymous, pursuant to the Report No. 327/2003 carried out by the Spanish Agency for Data Protection, users are informed that the data above will be incorporated into personal data files by IBEROSTAR HOTELES Y APARTAMENTOS, SL (iberostar.com) for the purposes detailed above. The user may exercise their rights of access, rectification, cancellation and objection as stated below.
2. PROCESSING PERSONAL DATA
INFORMATION ON FILE. - In accordance with the provisions of Spanish Law 15/1999 of 13 December on the Protection of Personal Data (LOPD), we inform you that any personal data collected from the website will be stored on files, which are the responsibility of IBEROSTAR HOTELES Y APARTAMENTOS SL, unless stated otherwise. This data will be used to process user registration, and following successful registration, will be used to administrate and manage user accounts and control access to content reserved for registered users. Your data will also be processed to keep you informed of any updates to the website. Accepting this policy involves giving prior consent to data processing and accepting the terms and conditions for using the website.
Generally, the user is informed that the different fields in the forms on the websites that are marked as mandatory must be filled in so that applications can be processed properly. Users must ensure that the information they provide is accurate and appropriate and inform IBEROSTAR HOTELES Y APARTAMENTOS of any changes to their personal data. If data from third parties is included, the user must inform the third party in question of the terms and conditions of this privacy policy and the terms and conditions of use of the website, and must have the consent of the third party to use the data for this purpose.
To exercise your rights of access, rectification, cancellation and objection for your personal information, you can submit your application along with a copy of your Spanish National ID card, to IBEROSTAR Marketing Department at Calle General Riera, 154, Palma de Mallorca, or you can use the following email address: LOPD@iberostar.com. III. TERMS AND CONDITIONS OF USE
1. General Conditions
The general conditions of use regulate access to the website and use of the various content and services included in or accessible through the website http://marketingtools.iberostar.com (hereinafter, the website).
Through the website, the user is offered detailed information, including images and textual documentation about hotels belonging to Grupo Iberostar. This includes the names, trademarks, slogans and logos of these hotels and general information about Grupo Iberostar, such as descriptions and photographs of all the hotels operating under the Iberostar brand.
These general conditions are without prejudice to any other specific terms and conditions that may apply.
Simply by using the website, you acquire the status of a user of the same. The use of the website and any of its services means that the user accepts each and every one of the general conditions and the specific conditions, if any,
governing the use of the website and its related services, without exceptions of any kind.
The website owner may, at any time and without notice, modify the presentation and configuration of the website and the terms and conditions, and introduce new conditions of use. Such changes will be posted on the website so that the user can be informed prior to using it. Using the website after the general conditions have been modified means that the user accepts the modified general conditions.
2. User Obligations
Use of the website means stating you are over eighteen years old. Minors must obtain prior permission from their parents, guardians or legal representatives to use the website, and they will be held responsible for all the acts performed by the children in their care.
In general, the user agrees to use the website and the services related to it in a diligent manner, in accordance with the law, morality, public order and the provisions of these general terms and conditions, and in accordance with any other applicable terms and conditions. Users must refrain from using the website in any way that may impede the normal operation of the website and the services related to it. Users must also refrain from impeding other users from enjoying the website and the services related to it, and must not harm or cause damage to the property and rights of the owner of the website, its suppliers, users or any other third party.
More specifically, but without imposing any limitation on the contents of the preceding paragraphs, the user agrees to the following in terms of using the website and the services related to it:
(a) The user will not enter, store or transfer any software, data, viruses or codes through the website or through any of the services related to it. This includes any other instrument or electronic device that is capable of causing damage to the website, any of the services linked to it or any equipment, systems or networks owned by the website, any of its users, suppliers or any third party in general. The user agrees not to cause any type of alteration or impede the normal operation of the website or any of its services by any other means.
(b) The user agrees not to use a false identity or impersonate others in the use of the website or any of the services related to it, including using the passwords or access codes of third parties or in any other way.
(c) The user agrees not to hide or distort in any way the origin of emails, and agrees not to intercept, delete or modify emails to other users, or send spam.
(d) The user agrees not to destroy, alter, disable or damage the data, information, programs or electronic documents belonging to the website owner, suppliers or third parties.
(e) The user agrees not to use the contents or, in particular, any data obtained via the website for advertisements, messages for resale or other commercial purposes, and agrees not to collect or store personal data belonging to third parties.
(f) The user agrees not to enter or disseminate any information that is defamatory, libellous, obscene, threatening, xenophobic or incites violence, or that incites discrimination on the grounds of sex, race, ideology or religion or in any manner which goes against morality, public order, fundamental rights, civil liberties, honour, privacy or the image of third parties and, in general, legislation.
In the event that any user becomes aware of facts or circumstances revealing illegal use of any website content and/or any illegal activity on the website or accessible through it, the website owner should be contacted by sending an email
to marketingtools@iberostar.com
3. Intellectual and Industrial Property
The user acknowledges that all the elements of the website and the services provided through it, including the information and materials contained therein, the structure, selection, arrangement and presentation of content and the computer programs used in connection with it are protected by intellectual and industrial property rights belonging to the website owner or third parties, as appropriate.
Unless authorised by the owner of the website, and only in the sense indicated in the, "Policy and Guidelines for Using the Iberostar Trademark in Advertising, Promotion and Marketing", or when authorised by the applicable third parties, or unless legally permitted, you may not reproduce, alter, modify, disassemble, reverse engineer, distribute, rent, lend, or make available any of the elements mentioned in the previous paragraph, or allow the public to access them through any means of communication. Under no circumstances can users be given the license to waiver, transfer or for the total or partial cession of these rights. No rights are given, in particular, for the alteration, exploitation, reproduction, distribution or public communication of the contents of the website without the express permission of the owner or owners concerned.
The user must not remove any of the signs identifying intellectual and industrial property rights, or any other signs belonging to the website owner or third parties that appear on the website and the services offered on it. The user must not evade or manipulate any of the technical devices established by the website owner or third parties for the protection of their rights, either on the website, in any of the services or in any materials, items or information obtained through the use thereof.
3.1. Policy and Guidelines for Using the Iberostar Trademark in Advertising, Promotion and Marketing
Iberostar International AG, Iberostar Hoteles y Apartamentos SL and its affiliates have the exclusive right to use the name and trademark IBEROSTAR and other trademarks of Grupo Iberostar, including the Iberostar starfish design. Under regulations regarding intellectual property, Iberostar prohibits and will use any means necessary to prevent the use of its names, trademarks, slogans and logos in a way that could give customers and/or potential customers the false impression that the Iberostar group owns or is associated with a tour operator or a travel agency that uses such marks, slogans, logos or insignia. Intellectual property regulations allow the legitimate use of Iberostar names and trademarks by the user, in a truthful and informative way, in accordance with the rules set out in this document. By accepting this document or any related documents, tour operators, agencies, marketers and any natural or legal person who has access to this website (hereinafter the user) expressly accept the policy and guidelines listed below for the purpose of regulating the use of Iberostar names and trademarks in website promotions and/or in any type advertising or publicity.
General Rules
Any use of Iberostar names, trademarks, slogans and logos should only refer to Iberostar accommodation establishments and not to tour operators, travel agents or marketers who sell or offer accommodation in these establishments. Any user who sells Iberostar accommodation services may not use their own name as part of or in connection with any trademarks, names, slogans or logos associated with Iberostar. The user may not refer to themselves or their business in any context as "Iberostar travel agents" or "official" Iberostar travel agents or tour operators. The user may not display the insignia of Iberostar or their designs, such as the Iberostar starfish, as part of or in association with their own names.
The user can only use Iberostar trademarks, slogans, logos or insignias on their website (or as other means of publicity or advertising) (a) in the form and manner prescribed by this document, or (b) with express permission granted by Iberostar.
It is prohibited to copy any Iberostar photographs, images, text or other content for use on any website, brochure or advertisement, without the express written permission of Iberostar.
Any user accessing the Iberostar content and image bank (data describing and identifying accommodation establishments), by means of prior express permission granted by Iberostar, can make use the of text, photographs, maps, graphics, logos, trademarks and content available only for marketing accommodation and other services in Iberostar hotels and only in the manner described in these guidelines. Iberostar may revoke such consent at any time and request the termination of the use of text, photographs, maps, graphics, logos, trademarks and content with immediate effect, without the user having the right to any payment, indemnification or compensation.
Except for the proper adaptation to the size that the user needs in their marketing media for Iberostar accommodation, the user agrees not to alter, modify or change the colours, shapes, textures, text and proportions of the logos, trademarks, photos and other elements from the Iberostar content and images bank.
The use of any of the Iberostar trademarks should always be accompanied by the symbol ®. A reference should be included at the bottom of the page where such use is made, for example, "IBEROSTAR® is a registered trademark." Web pages
It is strictly forbidden to use the Iberostar trademark, any other Iberostar trademark, or any similar expression that may be misleading or confusing, as part of an internet domain. No user can display the IBEROSTAR trademark or any other Iberostar trademark, slogan or logo by itself on a web site without prior written permission or a contract signed by Iberostar authorising said use.
Iberostar trademarks should not be referenced, in full or in part, in order to obtain positions or rankings on Internet search engines.
The user shall refrain from acquiring additional keywords on a search engine that contains, in full or in part, an Iberostar name, trademark or slogan.
Iberostar names and trademarks cannot be used in unsolicited or consented commercial emails.
Any user who offers and sells holiday packages that include products or services provided by Iberostar may use the Iberostar trademark in their own website under the following conditions:
a. An Iberostar trademark can be used as part of a proxy statement, such as "travel package includes stay at the IBEROSTAR PLAYA MITA®," as long as all the words in the sentence are in a similar size.
b. An Iberostar trademark can be used in lists, schedules, product descriptions, and reservation forms, if they expressly relate and refer to the sale of Iberostar hotel services in an informative way.
c. If the Iberostar trademark or name is used in a web page, the name of the user (Tour Operator, Travel Agency or marketer) must appear on the same screen, above the Iberostar name, and should be sized to at least 125% greater than the size of the Iberostar name or trademark used.
content directly related to the sale of hotel services offered by Iberostar. Print Advertising
It is forbidden to post the trademark, slogans, logos and insignia of Iberostar in the Yellow Pages.
Truthful, informative statements are permitted in promotional materials and advertisements, for example, "each travel package includes stays in the luxury hotel IBEROSTAR PLAYA MITA®." In any case, when using an Iberostar trademark or name, the name of the tour operator, travel agency or marketer must appear above the Iberostar name or trademark, and should be sized to at least 125 % larger than the size of the Iberostar name or trademark used. Iberostar trademarks should not be used as an identifier of the tour operator, travel agency or marketer, e.g. an Iberostar trademark cannot appear by itself or at the top of an advert.
The user is obliged to apply the above guidelines to all providers using, either directly or indirectly, the Iberostar product, pledging to collect a commitment from the other parties in writing, and extending the obligation to all the parties distributing such a product.
Any unauthorised use or breach of these policies will result in the termination of any authorisation granted by Iberostar for the use of Iberostar trademarks or any motto, logo, insignia or design associated with Iberostar, without prejudice to the other consequences that are prescribed by contract in the document to which these guidelines will be annexed.
4. Passwords
Registered users must maintain the passwords to access restricted content under their sole responsibility, in strict and absolute confidence. The users will therefore take accountability for any damages or consequences of any kind arising from the breach or disclosure of the password. For security reasons, the telematic access password to services linked to the Website may be modified at any time by the user.
5. Warranty Disclaimer
The website owner agrees to undertake all necessary efforts to ensure the availability and continuity of the website and the services related to it. However, the website owner cannot guarantee that the website and the services related to it will work properly at all times, or that the user may have uninterrupted and error free access. Similarly, the website owner makes no guarantee regarding the suitability and content of the website or any of the services linked to it to satisfy the specific needs of the user.
The website owner shall act diligently, in accordance with the generally accepted use in the sector, to avoid the following on the website or any of the services linked to it: viruses or other harmful elements that may implement changes to the user's computer, electronic documents or files. Nonetheless, the website owner cannot guarantee the absence of such elements, and cannot be held liable for damages that may result therefrom.
The website owner does not control nor endorse or guarantee the accuracy, quality, truthfulness, reliability or suitability of the information and services offered or provided by third parties via the website. Similarly, the website owner does not control or guarantee the absence of viruses or other harmful elements in the contents or services offered or provided by third parties via the website.
The website owner does not guarantee the availability, quality, reliability, accuracy or truthfulness of the content and services available on sites owned or operated by third parties that the user can access through links from the website.
The website owner does not control the content of linked websites, nor offers or sells the products and services available in the linked websites, nor shall accept any responsibility for them.
The use of the website is at the risk of the user. The website owner is not responsible for any possible damage caused by interferences, interruptions, computer viruses, connection breakdowns or disconnections due to causes beyond its control, including delays while using the system caused by deficiencies or too much traffic overloading the central data processor, telephone lines, internet or other electrical systems; nor any other alteration that may occur in the user's software or hardware.
Similarly, the website owner is not responsible for damage caused by third parties through unlawful interference beyond their control. The website owner is not liable for damages caused by the use or misuse of the website content or for any consequences arising from errors, defects or omissions in the content provided by third parties, with third parties being considered as the selected hotel for this purpose.
6. Termination
Without prejudice to any liability for damages that may arise, the owner of the website may, immediately and without prior notice, terminate and finish its relationship with the user, disrupting their access to the website and the corresponding services, if it detects any unlawful use in relation to the general or specific applicable conditions for the website and the related services.
The user is liable for any damages that the website owner or any of its subsidiaries may suffer directly or indirectly as a result of a breach of any of the obligations under the general or specific conditions regarding the use of the website or any of the services related to it. If the user violates the rights of third parties through the use of the website or its related services in a manner inconsistent with the general or specific applicable conditions, then neither the website owner nor any employee or marketer can be held responsible in any sanctions, complaints or lawsuits made by a third party, including any public authorities, that arise as a result of the user's actions.
7. Applicable law and jurisdiction
These general conditions are governed by Spanish law. The website owner and the user shall submit to the courts of Palma de Mallorca, expressly waiving the right to any other jurisdiction, for any dispute that may arise from the use of the website or its related services.
