AND INFORMATION PRACTICES STATEMENT
August, 2006 Introduction.
We at TRYP Hotels Worldwide, Inc. ("TRYP") (sometimes hereinafter, the "Franchisor", "We", or "Us"), a wholly owned subsidiary of TRYP Hotels Worldwide Inc., and part of the Wyndham Hotel Group, LLC, an indirect wholly owned subsidiary of Wyndham Worldwide Corporation ("Wyndham Worldwide"), which franchises hotels operating under the TRYP® brand (the "Brand") worldwide (excluding the United States, Canada, and the Caribbean), operate , recognize the importance of protecting the privacy of Personal Data collected online and offline by us about the guests, visitors and prospective guests ("Customers" or "you") of the Brand.
We do not own or operate any individual hotels operating under the Brand. Independent businesses operate all of the individual hotels that operate under our Brand under franchise agreements. This policy also explains when and how we treat Personal Data provided to us by individual hotels and franchisees.
About This Policy
The Information We Collect
Special Restrictions on the Use of Sensitive Data
How We Use Your Personal Data
Information to Our Customers
Limiting Collection, Use, Disclosure and Retention
Transborder Transfers of Information
About This Policy.
Our purpose in establishing this Policy is to advise you of the policies and information practices we follow in collecting, storing, using and disclosing Personal Data. This Policy is designed in a manner that recognizes both the right of privacy of individuals with respect to their Personal Data and our need to collect, use or disclose such Personal Data for purposes that a reasonable person would consider appropriate under the circumstances. Neither TRYP Hotels nor Wyndham Worldwide control the websites of individual hotels, which are owned and operated by independent franchisees of our Brand.
TRYP Hotels is a data controller in respect of your Personal Data. However, we will pass your Personal Data to our franchisees for the purpose of completing your booking requirements. The name of the franchisee to whom your data has been passed will be apparent when your booking is confirmed. Although we will only pass your information to a franchisee for reservation purposes, the franchisee will become a data controller for those purposes.
If you make a reservation directly with or give your Personal Data to a franchisee hotel then the franchisee will be the data controller. However, the franchisee may be required to pass your Personal Data to us. TRYP Hotels will also become a data controller in respect of your Personal Data that we receive from the franchisee. We will, however, only use your data for the purposes for which we have received your data, and/or to which you have consented. This Policy does not apply to a franchisee's website or to a franchisee's collection, use, storage and disclosure of Personal Data.
Except as otherwise permitted or required by law, we will not collect, use, or disclose your Personal Data without your consent. Generally, by providing us with your Personal Data, you are communicating your consent to our collection, use and disclosure of such information for the purposes for which you provided the information to us, and as described in this Policy. In addition, you will, at the point of collection of the Personal Data, and from time to time thereafter, be given the option of "opting in" to or "opting out" of our collection, use and disclosure of your Personal Data for certain other purposes by signing a form, checking a box on a form, clicking on an icon (or via a similar electronic method) on our websites, or by contacting us as described below. If you do not want us to collect your Personal Data or use it for purposes other than as necessary to fulfill your request, please use the "opt out" option, or if so provided, do not select the "opt in" option, so that your information is not collected or used. If you have submitted Personal Data to us and wish to later opt out or withdraw your consent to its retention, use or disclosure, please contact us using the methods described below. You may opt out or withdraw your consent, subject to legal or contractual restrictions, at any time and on reasonable notice.
Customers can consent to receive any or all of the following communications from the Brand: (1) Mail - e-mail and direct mail; (2) Phone -telephone and fax solicitation; or (3) Contact - all communications including e-mail, direct mail, fax and telephone. In addition, Customers can opt out of further e-mail communications by following the directions included in our e-mail communications or by visiting the Brand website and following the opt-out instructions. You should keep in mind that, if you refuse to consent to, opt in to, or withdraw your consent to, our collection, use and/or disclosure of your Personal Data that is necessary to fulfilling your request, we may not be able to offer you certain goods, services and benefits.
A Customer may also contact us through the methods stated below for a number of other purposes.
TTo request access to or correction of your Personal Data, or to inquire about your Personal Data maintained by, or on behalf of, TRYP Hotels International, Inc. (but only with respect to Personal Data collected after the Effective Date) , please send an e-mail to firstname.lastname@example.org or as indicated below. A small administrative fee (up to a maximum of US$20.00) may be charged for information access requests equivalent where permitted by local law.
Privacy Officer , Hotel Group, Wyndham Worldwide Corporation, 1 Sylvan Way,
Parsippany, NJ 07054 USA; 973 428-9700.
The Information We Collect .
Individual hotels and our franchisees will send to the Wyndham Worldwide Enterprise Data Warehouse, located in the United States, certain Personal Data collected in connection with your hotel stay, including the name, address, telephone number, e-mail address (if provided) and transaction detail (what goods and services were charged on the hotel bill and the method of payment) collected.
We may collect, use or disclose Personal Data that you voluntarily provide to us for the purposes described under "How We Use Your Personal Data", including Personal Data submitted by visitors to the Brand website. In addition, we may obtain Personal Data from third party sources that are obligated to comply with applicable privacy laws. We may match or append such information to Personal Data maintained in the Wyndham Worldwide Enterprise Data Warehouse.
Special Restrictions on the Use of Sensitive Data
We will not normally seek Personal Data relating to your racial or ethnic origins, political opinions, religious or other beliefs, trade-union membership, physical or mental health, sex life or criminal convictions (collectively "Sensitive Personal Data"). When we do collect Sensitive Personal Data, it will be limited to that which is (1) required by law, (2) necessary for legal proceedings, or to establish, exercise or defend our legal rights (including protection against fraud), (3) clearly and strictly necessary to fulfil a contract between you and us, in which case we will only collect Sensitive Personal Data with your prior consent, or (4) necessary to protect your vital interests or the vital interests of another person (for example, if medical data is urgently required after an accident and you cannot give your consent).
How We Use Your Personal Data.
With your consent, we may use your Personal Data for various purposes as described below. Except as otherwise permitted or required by law, or as may otherwise be noted in this Policy, Customers will be given the opportunity to opt in to or opt out of use of their Personal Data for secondary purposes (as described below in this section) when Personal Data is collected, and to opt-out of such use(s) at any time thereafter by contacting us as described in the Consent/Opt-In/Opt-Out section. We may use third party service processors to perform services on our behalf, and we provide Personal Data to such processors solely for the specific services that they are performing. These processors are prohibited from using or disclosing Personal Data for any other purpose.
Information to Our Customers
When a Customer calls our reservation centres or contacts us via the Internet, fax or other means about hotel reservations, we need Personal Data to respond to the inquiry and to make the reservation. This Personal Data is sent to the hotel where the reservation is also recorded. Personal Data regarding your reservation or hotel stay may be sent to our Central Reservation System facility and the Wyndham Worldwide Enterprise Data Warehouse, and/or the facilities of our service providers, located in the United States, and used for the purpose of processing your reservation or other requests, administering, managing and auditing our franchise business (for example, maintaining transactional records and auditing fees and remuneration between us and our franchisees), and to meet legal, regulatory, security and processing requirements. Promotions.
With your explicit consent, we may use and disclose your Personal Data that is maintained in the Wyndham Worldwide Enterprise Data Warehouse, or otherwise maintained by us, in order to solicit additional hotel stays at the same hotel and other locations of the Brand and participation in Brand affinity programs, and to offer you benefits such as offers, rewards and discounts, goods and services that we believe are relevant to your interests. We believe that our Customers benefit from promotional activity offered by and through us and other Wyndham Worldwide affiliates and business units. For more information on our affiliates, check our corporate website, www.wyndhamworldwide.com . In addition, Customers interested in enrolling in affinity card or loyalty club programs run by the Franchisor or other Wyndham Worldwide business units, may consent to have Personal Data provided to designated affinity credit card issuer(s) and loyalty club providers for use in the preselection process for these programs. Customers will be given the opportunity to opt in to or opt out of such promotions, disclosures and affinity/loyalty enrollments at the time your information is collected. Sweepstakes/Contests.
Occasionally, we run sweepstakes and contests. We use Personal Data provided for hotel reservations only if the Customer consents to use of such information for these sweepstakes or contests. Customers will be given the opportunity to consent to use of their Personal Data for these sweepstakes and contests when providing this information for hotel registration, and may opt out at any time by contacting us as described above in the Consent/Opt-In/Opt-Out section. Customers may also sign up for these sweepstakes at participating hotels or on the Brand website, in which case the Customers who participate or enter will be asked to provide Personal Data, such as the Customer's name, address, telephone number or e-mail address. If a Customer participates in a sweepstakes or contest, his/her Personal Data may be used to reach him/her about the sweepstakes or contest, and for other promotional, marketing and business purposes. All Brand sweepstakes/contests entry forms will provide a way for participants to opt-out of any communications from the sweepstake's/contest's manager or administrator that are not related to awarding prizes for the sweepstakes/contest. E-mails.
We will ask each Customer to submit their e-mail address for the primary purposes of sending reservation confirmations to our guests when your request is made online or when you otherwise request e-mail confirmation. However, Customers can also consent to our disclosure of their e-mail addresses to our franchisees or individual hotels, other Wyndham Worldwide affiliates and/or selected third party partners with whom we have a marketing relationship so that the Customers can receive e-mail offers from these parties regarding their own products and services. In addition, Customers can register on a Brand website to receive such e-mail offers. With your consent, we may collect Customer email addresses and share them with third party processors for purposes of conducting consumer research and surveys on our behalf, as more fully described below. E-mail addresses collected by us for the purposes described in this paragraph may be sent to our Wyndham Worldwide Enterprise Data Warehouse located in the United States. At any time a Customer may opt-out of receiving e-mail communications by following the directions posted in the e-mail communications, by visiting the Brand website and following the opt-out instructions, or by following the contact instructions described above in the Consent/Opt-In/Opt-Out section. Direct Mail/Outbound Telemarketing.
Customers who supply the Brand with Personal Data will, at the time such information is collected, be given the opportunity to consent to receive periodic mailings or phone calls from us with information on new Brand products and services or upcoming Brand special offers/events. Customers will also have the opportunity at such time to consent to receive mailings/calls from third parties we select whom we believe offer potentially valuable goods or services. We will only disclose your Personal Data to these third parties with your explicit consent . Customers will be offered the option to decline or opt out from these communications at the time the information is collected. Customers who consent to such uses of Personal Data may contact us at any time to opt-out of such communications as described above in the Consent/Opt-In/Opt-Out section. Research/Survey Solicitations.
From time to time we may perform research (online and offline) by conducting surveys of our Customers. Participation in these surveys is voluntary, and the information collected will be used for research and reporting purposes and to help us to better serve Customers by learning more about their needs. If you consent to receive such communications, we may contact you to inquire or survey about the guest experience at the individual hotel visited and the prospect of future stays or the improvements needed to attract additional business from you for the hotel visited or the Brand. The survey responses may also be used by us to determine the effectiveness of our websites, various types of communications, advertising campaigns, and/or promotional activities. Wyndham Worldwide and the Franchisor may also share and disclose aggregate data to other parties for anonymous research, statistical, and analysis purposes. You will have the opportunity to opt-out of the receipt of any further communications described in this paragraph by notifying us as described above in the Consent/Opt-In/Opt-Out section. Other Uses of Personal Data.
Information to Our Customers
When we collect Personal Data from you, we will identify ourselves and inform you of the purposes for which we collect the Personal Data. If we are collecting Personal Data from you on behalf of one of our affiliated companies, we will identify that company (the "Controller" in terms of the Directive) and where appropriate explain that we are acting as the agent ("Processor" in terms of the Directive) for that other company. If the affiliate is a non-European company which has appointed a representative in Europe in accordance with the Directive, we will also inform you of the identity of that representative. If we have obtained Personal Data about you other than directly from you, we will inform you of this as soon as practicable after we have entered the Personal Data in our files or computers (unless you were already aware of that fact).
Limiting Collection, Use, Disclosure and Retention.
We collect, use and disclose Personal Data only to the extent necessary to fulfill the purposes for which it was collected and as required or permitted by law.
Your Personal Data is retained only as long as is necessary to fulfill those purposes, subject to reasonable legal limitations periods, statutory or regulatory retention requirements and legitimate business requirements.
We endeavour to protect your Personal Data using physical, electronic or procedural security measures appropriate to the sensitivity of the information in our control. These measures include safeguards to protect Personal Data against loss or theft, as well as unauthorized access, disclosure, copying, use and modification. Credit card numbers provided through our websites for payment or to guarantee a reservation are automatically encrypted in Wyndham Worldwide's Data Warehouse so that they cannot be easily accessed. In addition, third party agents that process Personal Data on our behalf are contractually obligated to comply with the same high standards of security and confidentiality, and we monitor compliance.
Currently, our websites utilize a variety of different security measures designed to protect Personal Data from unauthorized access by users both inside and outside TRYP Hotels, including the use of encryption mechanisms (e.g., Secure Socket Layers or SSLs) and authentication mechanisms (e.g., digital certificates) This helps maintain the confidentiality, privacy, and integrity of transactions, and also helps to protect confidential information - such as credit card numbers, online forms, and financial data - from loss, misuse, interception and hacking.
We take all commercially reasonable efforts to create and maintain "firewalls" and other appropriate safeguards to ensure that, to the extent TRYP Hotels controls the Personal Data, the Personal Data is used, accessed and disclosed only as authorized by TRYP Hotels consistent with this Policy, and to prevent unauthorized modification or destruction. Our information protection practices and processes help us to maintain accurate, timely, complete and relevant information for our business purposes. Although we use commercially reasonable efforts to maintain data security when data is transmitted through third party communication service providers, we do not warrant the security of data during such transmission.
On our Brand websites we do not collect Personal Data from Customers unless they provide it to us voluntarily and knowingly. When you reserve a room with us on the Internet, we will capture information such as name, address, telephone number, e-mail address, and credit card number and related transactional information to process your reservation. The primary purpose of capturing the e-mail address is to send a reservation confirmation to the reserving guest. However, the Personal Data may also be used to send Customers e-mail offers from the Brand and select third party partners, when the Customer has consented to such communications as described in the Email section above. Information provided on the Internet is treated the same as that collected offline, and we will only use it for other purposes, such as contests, promotions or surveys, where the Customer has consented as described above. Third Party Websites.
We may place a "cookie" on your web browser. A cookie is a very small text file that is sent to a Customer's browser from a web server and stored on the Customer's computer hard drive. It assigns the computer a unique identifier. The cookie stores information on your hard drive so we can communicate with you more efficiently, respond to you based on prior sessions at which you provided information about you or your preferences to us and understand what you prefer to view on our websites. Cookies do not tell us your individual identity or passwords unless you have chosen to provide these to us, for example where you are using the website to request a reservation. Most cookies expire after a defined period of time, or you can delete your cookie file at any time. Most browsers are initially set up to accept cookies. You can reset your browser to refuse to accept all cookies or indicate when a cookie is being sent. Some functions of our websites, such as online hotel reservations, may not work or may work slowly if a cookie is refused or deleted.
Our websites may use third party service providers to serve and host our advertisements. These third parties may place cookies on your computer if you click on the advertising. The third party cookies may be used to (among other things) track whether the site was accessed from the advertisement. We do not control these third party cookies, so they may not follow this Policy or the rules we have set for our own cookies. If you do not want to activate these third party cookies, do not click on the advertising.
Our websites also use invisible pixels, sometimes called web beacons, to count how many people visit certain web pages. Information collected from invisible pixels is used and reported in the aggregate without the use of a Customer's Personal Data. This information may be used to improve services, marketing programs and/or content, and to target the information that we provide on our Web Site.
We may be permitted or required by law t the accuracy of Personal Data we use to fulfill your requests and for purposes for which you have consented, and to correct and update our database as necessary for the stated purpose. In the event a Customer notifies us that such Personal Data held by TRYP Hotels is inaccurate or outdated, TRYP Hotels, upon notification and sufficient verification, will take all reasonable steps to correct any inaccuracy or update outdated information of which we are made aware. In addition, we will update Personal Data we store and provide it to the third parties described in this Policy when you indicate the information has changed, such as changes of address or e-mail address, (a) in response to your request and/or (b) in order to fulfill the purpose for which such Personal Data was collected, and/or as otherwise required by law.
You may request access to your Personal Data in our possession by contacting us at the e-mail address provided above. The information requested will be forwarded to you within the time period required by applicable laws. There may also be a charge for providing you with Information, in order to cover our administrative costs in accordance with applicable laws. We establish and maintain a file of Personal Data for each Customer. Your file will be kept at Wyndham Hotel Data Center, 11048 N 23rd Ave Suite 104, Phoenix, AZ 85029 and only authorized employees and agents of Wyndham Worldwide and the Franchisor who require access to your Personal Data to fulfill their job requirements will have access to your file. If you wish to access your file or make corrections to it, please contact us as described above. In some limited circumstances, we may not be able to grant you access to your Personal Data, for example if doing so would threaten the security of another individual.
We make efforts to ensureorder Transfers of Information If you submit information (including Personal Data) to us through our website, such information may be collected and processed by us at our facilities located in the United States, or in other countries outside the country from which you are submitting your Personal Data. Therefore, by browsing our website and communicating electronically with us, you acknowledge and agree to our continued practice of collecting and processing of your Personal Data in this manner.
Personal Data may also be transferred to the Wyndham Worldwide Data Warehouse or other Wyndham Worldwide facilities located in the United States, and/or to companies, processors or third parties outside of the country from which you are submitting your Personal Data, (which would involve a trans-border transfer) in connection with uses of Personal Data as described above under the "How We Use You Personal Data" section. The countries where such facilities or companies are located may have no data protection legislation, or laws which are less rigorous than the legislation introduced by the country from which you are submitting your Personal Data.
Your personal data will only be transferred to jurisdictions outside the EU where this is necessary for fulfilling a contract between us and you, legal compliance, if you have consented to the transfer or it is necessary for legal proceedings or to establish, to exercise or defend our legal rights and the appropriate safeguards have been put in place to ensure protection of such personal data. When transferring data between jurisdictions, TRYP Hotels will use its best endeavours to ensure that the transfer complies with all relevant data protection legislation in that jurisdiction and where a jurisdiction does not provide an adequate level of protection, TRYP Hotels will ensure that the requisite contractual guarantees are put in place.
Transborder Transfers of Information.
Transbo collect, use or disclose Personal Data about you without your consent for certain purposes or under certain circumstances, including, but not limited to, disclosure to a law enforcement agency, response to a court order, under the discovery process in litigation, investigations, and prosecution, or collecting a debt which you owe to us or to a franchisee, or in special cases when we have a good faith belief that disclosing Personal Data is otherwise necessary or advisable, including, but not limited to, the following situations: to perform, maintain or enforce contracts with our Customers, to protect the rights or properties of our franchisees, affiliates and business partners, our Customers or others, to identify, contact or bring legal action against someone who may be causing or who may be threatening to cause interference with or damage to our rights properties, or the hotels in our Brand, whether intentionally or otherwise, or when anyone else could be harmed by such activities.
We may change or terminate this Policy at any time without prior notice. We will post any Policy changes to our websites to notify you of these changes and provide you with the ability to consent to any new, unanticipated uses of Personal Data not previously disclosed in the Policy. Any such changes shall be effective immediately upon posting. You should therefore check this Policy periodically for, and read carefully, any such changes if you are concerned about how your Information will be used and before continuing on with your use of this Web Site. Your continued use of our websites and/or provision of your Personal Data after such posting constitutes your acceptance of these changes. Please check our Policy periodically, or contact us as described above, if you are concerned about how your Personal Data will be used.