Terms of Use
I. THIS IS A BINDING LEGAL AGREEMENT. PLEASE READ THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS SITE.
Use of the Wythe Hotel (the “Hotel”) website (“the Site”) is subject to the following terms of use. By using this Site, you have agreed to all of the terms and conditions set forth below. If you do not agree to all of these terms and conditions, please do not use this Site and leave the Site immediately. The Hotel reserves the right to modify, update or delete information published on the Site without notice. Continued use of this Site following the posting of changes will be deemed acceptance by you of such changes.
II. USE OF THIS WEBSITE
The Hotel controls and maintains this Site. All materials on this Site, including, but not limited to, text, images, illustrations, audio clips, and video clips are the copyrighted property of the Hotel. The use of any such material from this Site on any other website is prohibited. All trademarks, copyrights, service marks and/or other intellectual property rights are governed by United States and worldwide copyright laws, treaty provisions, privacy and publicity laws, and communication regulations and statutes. Material on this Site is solely for your personal, non-commercial use. You may not copy, reproduce, republish, upload, post, distribute, and/or exploit the material in any way for commercial use without the prior written consent of the Hotel. Violation of trademark and copyright laws will result in civil liability or criminal penalties under United States and/or worldwide copyright and trademark laws and is considered intentional infringement.
III. USER RESPONSIBILITIES
You are exclusively responsible for the information you submit through this Site. Additionally, you must maintain the confidentiality of your password and account information and all other information you submit on this site or that is generated by this Site. It is your responsibility to notify the Hotel if we need to modify or delete any of your information. The Hotel has a right to use, reproduce, modify, publicize and display any information posted by you to publicly accessible areas of the Site.
IV. PROHIBITED USES
Monitoring or copying information and materials contained within the Site is strictly prohibited. Additionally, interference with the proper activity of the Site or any transaction being conducted through the Site is prohibited. Do not provide information on the Site that potentially includes viruses, Trojan horses, spam, or any other devices that may damage, interfere with, intercept or steal any system data and/or information.
V. THIRD PARTY WEBSITES
This Site may permit you to link to other websites that may or may not be affiliated with this Site and/or with the Hotel. The other linked websites may have different terms of use policies. Access to and use of such third party websites are governed by the terms of use and policies of those websites.
VI. DISCLAIMER
The Hotel disclaims any responsibility for the accuracy, content, or availability of information on the Site. We do not ensure that you will be satisfied with any products or services that your purchase from the Site or from third party links. All material on this Site is provided without warranties of any kind, either express or implied. The Hotel is not responsible for electronic, network, computer, hardware or software malfunctions that your computer system may encounter as a result of your use of this site. Nor is the Hotel responsible for failures, delays or difficulties or late, lost, stolen, incomplete or illegible e-mails and/or messages arising from your use of this Site. Use of the Site is at your own risk. You assume any cost of service and/or repair for your computer system as a result of using this Site.
The Hotel does not control information provided by other sources made available through the Site.
Additionally, the Hotel reserves the right to cancel or modify reservations where it appears that a customer has engaged in fraudulent or inappropriate activity.
VII. INDEMNIFICATION
By using this Site and agreeing to this terms of use policy, you hereby indemnify the Hotel from and against any and all allegations, demands, claims, liabilities, damages, fines, penalties or costs of any nature arising out of or in any way connected to your use of: this Site; the Site Usage and Information Agreement; services or products provided to you through the Site; and claims arising from your account including, but not limited to, infringement by you of copyright, patent, trade secret, trademark, artist rights, privacy and intellectual property laws.
You also indemnify the Hotel for any injury, loss or damage to your computer or interception of your credit card information related to or resulting from your use of the Site.
VIII. LIMITATION OF LIABILITY
The Hotel will not be liable for any lost profits; or cost of direct, indirect, incidental, consequential or punitive damages arising from your use of the Site. Additionally, the Hotel will not be liable for damages resulting from the services or functions of the Site, your reliance on materials from the Site or any other theory of liability.
IX. GOVERNING LAW AND JURISDICTION
This Site is operated by the Hotel’s office in New York. By accessing the Site you agree to the terms of use and to comply with all applicable laws of the State of New York without regard to its conflict of law provisions. Additionally, use of the Site is an agreement to submit to exclusive jurisdiction and venue in the state and federal courts located in the State of New York for all disputes arising from your use of the Site. Those who access this Site from other locations do so at their own risk and are responsible for compliance with their local laws.
WE RESERVE ANY RIGHTS NOT EXPRESSLY STATED IN THESE TERMS.
Privacy Policy
Effective date: June 20, 2018
Wythe Hotel LLC (“us”, “we”, or “our”) operates the www.wythehotel.com website (the “Service”).
This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data.
We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible from www.wythehotel.com
Definitions
SERVICE
Service is the www.wythehotel.com website operated by Wythe Hotel LLC
PERSONAL DATA
Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
USAGE DATA
Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
COOKIES
Cookies are small pieces of data stored on your device (computer or mobile device).
DATA CONTROLLER
Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.
For the purpose of this Privacy Policy, we are a Data Controller of your Personal Data.
DATA PROCESSORS (OR SERVICE PROVIDERS)
Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller.
We may use the services of various Service Providers in order to process your data more effectively.
DATA SUBJECT (OR USER)
Data Subject is any living individual who is using our Service and is the subject of Personal Data.
Information Collection and Use
We collect several different types of information for various purposes to provide and improve our Service to you.
TYPES OF DATA COLLECTED:
Personal Data
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:
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Email address
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First name and last name
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Phone number
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Address, State, Province, ZIP/Postal code, City
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Cookies and Usage Data
We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.
Usage Data
We may also collect information how the Service is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
Tracking & Cookies Data
We use cookies and similar tracking technologies to track the activity on our Service and hold certain information.
Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
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Session Cookies. We use Session Cookies to operate our Service.
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Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
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Security Cookies. We use Security Cookies for security purposes.
Use of Data
Wythe Hotel LLC uses the collected data for various purposes:
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To provide and maintain our Service
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To notify you about changes to our Service
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To allow you to participate in interactive features of our Service when you choose to do so
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To provide customer support
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To gather analysis or valuable information so that we can improve our Service
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To monitor the usage of our Service
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To detect, prevent and address technical issues
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To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information
Legal Basis for Processing Personal Data Under General Data Protection Regulation (GDPR)
If you are from the European Economic Area (EEA), Wythe Hotel LLC legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it.
Wythe Hotel LLC may process your Personal Data because:
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We need to perform a contract with you
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You have given us permission to do so
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The processing is in our legitimate interests and it’s not overridden by your rights
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For payment processing purposes
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To comply with the law
Retention of Data
Wythe Hotel LLC will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
Wythe Hotel LLC will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.
Transfer of Data
Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer. Wythe Hotel LLC will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.
Disclosure of Data
Disclosure for Law Enforcement
Under certain circumstances, Wythe Hotel LLC may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Legal Requirements
Wythe Hotel LLC may disclose your Personal Data in the good faith belief that such action is necessary to:
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To comply with a legal obligation
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To protect and defend the rights or property of Wythe Hotel LLC
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To prevent or investigate possible wrongdoing in connection with the Service
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To protect the personal safety of users of the Service or the public
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To protect against legal liability
Security of Data
The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
“Do Not Track” Signals Under California Online Privacy Protection Act (CalOPPA)
We do not support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.
You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
Your Data Protection Rights Under General Data Protection Regulation (GDPR)
If you are a resident of the European Economic Area (EEA), you have certain data protection rights. Wythe Hotel LLC aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.
If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.
In certain circumstances, you have the following data protection rights:
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THE RIGHT TO ACCESS, UPDATE OR TO DELETE THE INFORMATION WE HAVE ON YOU.Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
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THE RIGHT OF RECTIFICATION.You have the right to have your information rectified if that information is inaccurate or incomplete.
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THE RIGHT TO OBJECT.You have the right to object to our processing of your Personal Data.
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THE RIGHT OF RESTRICTION.You have the right to request that we restrict the processing of your personal information.
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THE RIGHT TO DATA PORTABILITY.You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
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THE RIGHT TO WITHDRAW CONSENT.You also have the right to withdraw your consent at any time where Wythe Hotel LLC relied on your consent to process your personal information.
Please note that we may ask you to verify your identity before responding to such requests. You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
Service Providers
We may employ third party companies and individuals to facilitate our Service (“Service Providers”), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
Analytics
We may use third-party Service Providers to monitor and analyze the use of our Service.
Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en
Behavioral Remarketing
Wythe Hotel LLC uses remarketing services to advertise on third party websites to you after you visited our Service. We and our third-party vendors use cookies to inform, optimize and serve ads based on your past visits to our Service.
Google Adwords
Google AdWords remarketing service is provided by Google Inc.
You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads
Google also recommends installing the Google Analytics Opt-out Browser Add-on – https://tools.google.com/dlpage/gaoptout – for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en
Payments
We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).
We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.
The payment processors we work with are:
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ELAVON
Their Privacy Policy can be viewed at https://www.elavon.com/privacy-pledge.html
Links to Other Sites
Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Children’s Privacy
Our Service does not address anyone under the age of 18 (“Children”).
We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
Changes to This Privacy Policy
We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.
We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the “effective date” at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
Contact Us
If you have any questions about this Privacy Policy, please contact us:
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By email: info@wythehotel.com
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By phone number: 718 460
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By mail: 80 Wythe Ave., Brooklyn, NY 11249, United States