PRIVACY POLICY

HotelUpgrade, Inc., (hereafter referred to as “HotelUpgrade”, “we”, “us”, or “our”) provides this Privacy Policy to inform you of our policies and procedures regarding the collection, use and disclosure of personal information we receive from users of www.hotelupgrade.com and our iOS application (collectively, the “Application”). This Privacy Policy applies only to information that you provide to us through the Application. This Privacy Policy may be updated from time to time. We may update this Privacy Policy to reflect changes to our information practices. We reserve the right to modify this Privacy Policy at any time, without notice, and User agrees it is User’s sole responsibility to review the Privacy Policy for modifications and revisions. User agrees to waive any right to receive notification of any modifications or changes to this Privacy Policy and agrees that continued Use of the Application and Services constitutes acceptance of any and all modifications or changes.

We encourage you to periodically review this page for the latest information on our privacy practices. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms of Service (http://www.hotelupgrade.com/terms). As used in this policy, the terms “using” and “processing” information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally.

International Transfer

YOUR INFORMATION MAY BE TRANSFERRED TO – AND MAINTAINED ON – COMPUTERS LOCATED OUTSIDE OF YOUR STATE, PROVINCE, COUNTRY OR OTHER GOVERNMENTAL JURISDICTION WHERE THE PRIVACY LAWS MAY NOT BE AS PROTECTIVE AS THOSE IN YOUR JURISDICTION. IF YOU ARE LOCATED OUTSIDE THE UNITED STATES AND CHOOSE TO PROVIDE INFORMATION TO US, HOTELUPGRADE TRANSFERS PERSONAL INFORMATION TO THE UNITED STATES AND PROCESSES IT THERE. YOUR CONSENT TO THIS PRIVACY POLICY FOLLOWED BY YOUR SUBMISSION OF SUCH INFORMATION REPRESENTS YOUR AGREEMENT TO THAT TRANSFER.

Information Collection and Use

Our primary goals in collecting information are to provide and improve our Application, services, features and content, to administer your use of the Application, including the confirmation and booking of upgrades and other services available through our Application (together, the “Service”) and to enable users to enjoy and easily navigate the Application.

Personally Identifiable Information

When you register with us through the Application and become a Member and when you choose to confirm upgrades, we will ask you for personally identifiable information. This refers to information about you that can be used to contact or identify you (“Identity Information”). Identity Information includes your name, phone number, email address, corporate ID and home postal address. Some Personal Information is required, like your name and email address, and other Personal Information is optional. We use your Personal Information to provide the Service and administer your inquiries.

We collect Personal Information in connection with your registration to join the Service. You can register to join via the Application by completing the required forms.

You can also register to join by logging into online accounts you may have with third party service providers (“SNS”) (e.g. Facebook); each such account, a “Third Party Account”, via our Application as described below. As part of the functionality of the Application, Service, you may link your HotelUpgrade Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to HotelUpgrade through the Application, Service; or (ii) allowing HotelUpgrade to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to HotelUpgrade and/or grant HotelUpgrade access to your Third Party Account (including for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating HotelUpgrade to pay any fees or making HotelUpgrade subject to any usage limitations imposed by the applicable SNS. If you decide to register by logging into a Third Party Account via our Application, we will obtain the Personal Information you have provided to the applicable SNS (such as your “real” name, email address, profile picture, names of SNS friends, names of SNS groups to which you belong, other information you make publicly available via the applicable SNS and/or other information you authorize HotelUpgrade to access by authorizing the SNS to provide such information) from your Third Party Accounts and use that information to create your HotelUpgrade Account and HotelUpgrade Account profile page and you will become a Member. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, you understand that by granting us access to the Third Party Accounts, we will access, make available and store (if applicable and as permitted by the SNS and authorized by you) the information in your Third Party Accounts so that it is available on and through your HotelUpgrade Account on the Application, Service. If there is information about your “friends” or people with whom you are associated in your Third Party Account, the information we obtain about those “friends” or people with whom you are associated, may also depend on the privacy settings such people have with the applicable SNS.

We also collect the other information that you provide as part of registration and the administration and personalization of your HotelUpgrade Account profile (e.g., without limitation, ZIP code (on its own) and individual preferences or demographic information) (“Non-Identifying Information”). We use your Personal Information (in some cases, in conjunction with your Non-Identifying Information) mainly to provide the Service, complete your upgrades, and administer your inquiries.

Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (for example, combining your ZIP code with your street address) in a way that enables you to be identified. But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information (for example, your demographic information). We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other HotelUpgrade Users (defined below) to attempt to provide you with a better experience, to improve the quality and value of the Service and to analyze and understand how our Application, and Service are used. We may also use the combined information without aggregating it to serve you specifically, for instance to deliver a product to you according to your preferences or restrictions.

We also use your Personal Information to contact you with HotelUpgrade newsletters, marketing or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications. Please note that we may also use your Personal Information to contact you with information related to your use of the Service; you may not opt out of these notifications.

Log Data

When you visit the Application, whether as a Member or a non-registered user just browsing (any of these, a “HotelUpgrade User”), our servers automatically record information that your browser sends whenever you visit a website (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type or the webpage you were visiting before you came to our Application, pages of our Application that you visit, the time spent on those pages, information you search for on our Application, access times and dates, and other statistics. We use this information to monitor and analyze use of the Application and the Service and for the Application’s technical administration, to increase our Application’s functionality and user-friendliness, and to better tailor our Application to our visitors’ needs. We also use this information to verify that visitors to the Application meet the criteria required to process their requests. We do not treat Log Data as Personal Information or use it in association with other Personal Information, though we may aggregate, analyze and evaluate such information for the same purposes as stated above regarding other Non-Identifying Information.

Cookies

Like many websites, we use “cookies” to collect information. A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes and tie personal information to them. We use cookies for two purposes. First, we utilize persistent cookies to save your login information for future logins to the Application. Second, we utilize session ID cookies to enable certain features of the Application, to better understand how you interact with the Application and to monitor aggregate usage by HotelUpgrade Users and web traffic routing on the Application. Unlike persistent cookies, session cookies are deleted from your computer when you log off from the Application and Service and then close your browser. Third party partners, affiliates, tracking utility company, and service providers on the Application may place or read cookies on your browser. The use of these cookies is not covered by our privacy statement. We do not have access or control over these cookies.  You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions of the Application or all functionality of the Service.

Web Beacons

Our Application may contain electronic images known as Web beacons (sometimes called single-pixel gifs) and are used along with cookies to compile aggregated statistics to analyze how our Application is used and may be used in some of our emails to let us know which emails and links have been opened by recipients. We do not link the personal information you provide on the Application to our Web beacons. This allows us to gauge the effectiveness of our customer communications and marketing campaigns.

Phishing

Identity theft and the practice currently known as “phishing” are of great concern to HotelUpgrade. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, your HotelUpgrade Account ID, login password, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication. For more information about phishing, visit the Federal Trade Commission’s web Application at http://www.ftc.gov.

Framing

In some instances we will present our content on other Applications utilizing framing techniques to serve content from us while preserving the look and feel of that Application. When you submit personal information on this Application we will collect information from you such as your name, email address and phone number. We will use this information to facilitate the use of our services. Once you have created a HotelUpgrade profile using a 3rd party Application, that same information may be used when using our services via other Applications.

Information Sharing and Disclosure

Overview

Through the Application and Service HotelUpgrade makes available a platform for Users to confirm upgrades at hotels.

We will not knowingly share the personally identifiable information we collect from you through the Service with third-parties, except as described in this Policy or in our Terms of Service.  In general, we may share personally identifiable information as follows:

  • With vendors, consultants, and other service providers who are engaged by or working with us in connection with the operation of the Service and who need access to such information to carry out their work for us;
  • With hotels where you have confirmed an upgrade through the Service;
  • When you give us your consent to do so, including we notify you on the Service that the information you provide will be shared in a particular manger and you provide such information;
  • When we believe in good faith that we are lawfully authorized or required to do so or that doing so is reasonably necessary or appropriate to protect the rights, property, or safety of HotelUpgrade, our users, our employees, copyright owners, third-parties or the public including, but not limited to, protecting HotelUpgrade or our users from fraudulent, abusive, inappropriate, or unlawful use of the Service.
  • To enforce or apply this Policy, the Terms, or our other policies or agreements;

HotelUpgrade Members and Users

Upgrades

If you request an upgrade via the Application and Service, HotelUpgrade will share the following information about you with the applicable Hotel: (i) your first and last name, (ii) your contact information, (iii) travel companion information, (iv) loyalty program membership details, and (v) hotel room and travel preferences.

Reservation Information

As a part of the administration of the User’s upgrade(s), User agrees to grant Us rights to access their reservation confirmation and act as their representative via any publicly available method including the hotel’s website, hotel’s reservation call center, or any other means available to Us.

Travel Companions

When you confirm an upgrade for someone else through this Application, we will request personal information and travel preferences about that individual. You should obtain the consent of other individuals prior to providing us with their personal information and travel preferences, as any access to view or change their information will be available only through your account.

Aggregate Information and Non-Identifying Information

We may share aggregated information that does not include Personal Information and we may otherwise disclose Non-Identifying Information and Log Data with third parties for industry analysis, demographic profiling and other purposes. Any aggregated information shared in these contexts will not contain your Personal Information.

Service Providers

We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Application related services, such as maintenance services, database management, web analytics, send you communications on our behalf, fraud detection services relating to the activity of HotelUpgrade Users and improvement of the Application’s features or to assist us in analyzing how our Application and Service are used. These third parties may have access to your Personal Information; if they do, this access is only so that they may perform these tasks on our behalf and they are obligated not to disclose or use it for any other purpose.

Compliance with Laws and Law Enforcement

HotelUpgrade cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of HotelUpgrade or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity. We will disclose any information about you to government or law enforcement officials and to our insurance services providers as we, in our sole discretion, believe necessary or appropriate to administer an insurance claim www.hotelupgrade.com/terms, to protect the property and rights of HotelUpgrade or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.

Business Transfers

HotelUpgrade may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy. You will be notified via email and/or a prominent notice on our Web Application of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.

Changing or Deleting Your Information

All Members may review, update, correct or delete the Personal Information in their registration profile by contacting us at concierge@hotelupgrade.com or editing the relevant part of their profile. If you would like us to cancel your HotelUpgrade Account, please contact us and we will attempt to accommodate your request if we do not have any legal obligation or a legitimate business reason to retain the information contained in your HotelUpgrade Account. Please note that, if you cancel your HotelUpgrade Account, any reviews you have posted via the Application will remain publicly viewable via the Application or remain linked to the hotel that was evaluated. We will respond to your information requests within 30 days.

Security

HotelUpgrade is very concerned with safeguarding your information. We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Application, you can contact us at concierge@hotelupgrade.com. We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal data” (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on the Application in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

Links to Other Websites

Our Application contains links to other websites. If you choose to click on another third party link, you will be directed to that third party’s website or application. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other websites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.

Public Forums

Our Application offers publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your personal information from our blog or community forum, contact us at concierge@hotelupgrade.com. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.

Social Media Features and Widgets

Our Application includes Social Media Features, such as the Facebook Like button and Widgets, such as the Share this button or interactive mini-programs that run on our Application. These Features may collect your IP address, which page you are visiting on our Application, and may set a cookie to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Application. Your interactions with these Features and Widgets are governed by the privacy policy of the company providing it.

Advertising

We partner with third party ad networks to either display advertising on our Application or to manage our advertising on other sites. Our ad network partners use cookies and Web beacons to collect non-personally identifiable information about your activities on this and other Applications to provide you targeted advertising based upon your interests. If you wish to not have this information used for the purpose of serving you targeted ads, you may opt-out by contacting us at concierge@hotelupgrade.com.  Please note this does not opt you out of being served advertising. You will continue to receive generic ads.

Surveys

From time-to-time we may provide you the opportunity to participate in contests or surveys on our Application.  If you participate, we will request certain personally identifiable information from you. Participation in these surveys or contests is completely voluntary and you therefore have a choice whether or not to disclose this information. The requested information typically includes contact information (first name, last name, email address, phone number, physical address), and demographic information (gender, age).

We use this information to notify contest winners and award prizes and improve our product and service offerings to you.

We use may use a third party service provider to conduct these surveys or contests; that company will be prohibited from using our users’ personally identifiable information for any other purpose.

Our Policy Towards Children

The Application is not directed to individuals under 18. We do not knowingly collect personally identifiable information from children under 18. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at concierge@hotelupgrade.com. If we become aware that a child under 18 has provided us with Personal Information, we will delete such information from our files.

Contacting Us

If you have any questions about this Privacy Policy, please contact HotelUpgrade at concierge@hotelupgrade.com or via postal mail at 1285 Stillwood Dr NE, Atlanta, GA 30306-2523.


Last Updated: May 28, 2014

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