Shinola Hotel Privacy Notice

Last updated and effective November 14, 2017

  

Welcome to www.shinolahotel.com (the “Site”). By using this Site you consent to the collection and use of your Personal Information (as defined below) by Bedrock Management Services LLC having its head offices at 630 Woodward Avenue Detroit, Michigan 48226 (the “Company”) consistent with applicable privacy and data protection laws and this Privacy Notice (this “Notice”). If you do not consent to the collection or use of your Personal Information as described in this Notice, you should not use the Site. This Notice is operated by the Company. The Company and all of its owners and each of their respective affiliates, including without limitation, Shinola/Detroit, LLC (collectively, “Shinola Hotel” or “we,” “us,” or “our”) are part of and subject to this Notice. This Notice also contains the following general terms and conditions that govern all use of the Site.

1 Privacy

1.1 We respect the privacy of those who visit our Site or receive HTML-formatted email messages from us. As such, we are committed to compliance with privacy and data protection laws and protecting your privacy. We have created this Notice in order to make you aware of the type of information that we collect from you through your use of the Site and how we use that information.  This Notice also sets out your rights to, and our responsibilities in, the safeguarding of the information we collect. This Notice also applies to any new internet properties we may acquire from time to time. This Notice will be updated accordingly. You may also check this Notice periodically for updates at www.shinolahotel.com/privacy-policy. This Notice does not apply to information collected offline or through any other means, including any other website operated by any third party.

1.2 This Notice is governed by United States law, and we make no representation that any part of the Site is appropriate or available for use in locations outside of the United States. Translations of the Site into languages other than English are for your convenience only. In the event you visit the Site from outside the United States, please know that your Personal Information may be transferred to, stored, and processed in the United States, where our servers are located and our central database is operated. The laws of the United States and other countries might not be as comprehensive as those in your country, but please be assured that we take steps to ensure that your privacy is protected. By using the Site, you understand that your information may be transferred to our facilities and to those third parties with whom we may share it as described in this Notice.

1.3 No part of the Site is intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13. If you are under the age of 13, do not use or provide any information on the Site or on or through any of its features, use any of the interactive or contact features of any part of the Site or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected or received personal information from a child under the age of 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under the age of 13, please contact us by sending us an e-mail stating your request to marketing@BedrockDetroit.com or contacting us in writing at the address provided below. By using any part of the Site, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use any part of the Site.

2 Collection of Personal Information

2.1 We collect certain information which is personal to you including but not limited to the following (collectively, “Personal Information”): 

(a) information you provide to us by completing forms or which you upload on the Site, including your name and email address;

(b) if you contact us or if we contact you, we may keep a record (including recording calls themselves) of that correspondence or details of any conversation we may have with you;

(c) we may also ask you to complete optional surveys that we use for research purposes which may contain opportunities for you to volunteer information about yourself; and

(d) details of your visits to the Site and information collected through cookies and other tracking technologies including, but not limited to, your IP address and domain name, your browser version and operating system, traffic data, location data, web logs and other communication data, and the resources that you access in accordance with our Cookies Policy described in Section 7.

2.2 You are free to browse any of our public-facing sites without submitting Personal Information. However, in order to use certain functions of our Site such as submitting an information request using our “Contact Us” form, signing up for our newsletter, or signing up for notifications, you must submit certain Personal Information.  

2.3 If you submit any Personal Information relating to other people to us through the Site, you represent that you have the authority to provide such information and grant us the right to use that information in accordance with this Notice.

3 Use of Personal Information

3.1 This Notice will continue to cover information we may collect about you during the

course of our relationship as well as after our relationship has ended.

3.2 Shinola Hotel uses your information:

(a) to answer any customer service inquiries or requests that you may have;

(b) to contact you about special offers, Shinola Hotel news, changes to our products and services;

(c) for administration of the Site;

(d) to notify you about changes to the Site or any products or services we offer or provide through it;

(e) to allow you to participate in communications with us;

(f) to ensure that content from the Site is presented in the most effective manner for you and your device; 

(g) we may also use your information for marketing our own and selected third parties’ products and services to you by post, email, SMS, phone and fax;

(h) to fulfill the purpose for which you provide it; 

(i) for any other purpose we may disclose when you provide the information; or

(j) otherwise with your consent.

3.3 The Personal Information that you provide to us may be combined with other Personal Information from our records and other third party sources. This aggregated Personal Information may be shared with other businesses for marketing of products or services that may be of interest to you. If you prefer that we do not share your Personal Information with these third parties, please email us at marketing@bedrockdetroit.com.

3.4 We provide a cost-free means to opt-out of sharing. If you do not want Shinola Hotel to disclose Personal Information to third parties after you have already affirmatively agreed to the disclosure, you may send an email to marketing@bedrockdetroit.com instructing us to no longer share your Personal Information. Please also include your name and all of the postal addresses and emails addresses that you have provided to us.

4 Third Party Disclosures

4.1 We may permit selected third parties and agents to use your Personal Information, only for the purposes set forth in this Notice.  Such third parties will be subject to obligations to process such information in compliance with the same safeguards that we deploy. Specific examples of possible third party use of your Personal Information are set out below.  All such disclosures will only be made in accordance with applicable laws.

4.2 We may disclose your Personal Information to:

(a) our subsidiaries and affiliates for our internal business purposes;

(b) contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep such Personal Information confidential and to use it only for the purposes for which we disclose it to them;

(c) a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of assets of ours or of our subsidiaries or affiliates, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding in which personally identifiable information about users of the Site is among the assets transferred; 

(d) third parties (which you hereby consent to) if (i) we are required to do so by law or legal process, including a validly issued subpoena, warrant or court order; or (ii) we reasonably believe disclosure is necessary or appropriate to prevent physical harm, financial loss or injury to, or interference with, our rights or property or right or property of our users or others, or in connection with an investigation of suspected or actual illegal activity.

4.3 If you prefer that we do not share your Personal Information with these third parties, please email us at marketing@bedrockdetroit.com.

5 For Residents of California (as provided by California Civil Code Section 1798.83)

Under California Civil Code § 1798.83, residents of the State of California that have provided any Personal Information to us have the right to request a list of all third parties to which we have disclosed personally identifiable information during the preceding year for direct marketing purposes. Alternatively, the law provides that if we have a privacy notice that gives either an opt-out or opt-in choice for use of Personal Information by third parties (such as advertisers or affiliated companies) for marketing purposes, we may instead provide you with information on how to exercise your disclosure choice options.  In compliance with the second alternative, we have established this Notice that provides you with details on how you may either opt out or opt-in to the use of your Personal Information by third parties for direct marketing purposes. Additionally, the California Online Privacy Protection Act requires that we disclose how we respond to “do-not-track” requests from our users. At this time, we do not respond to “do-not-track” requests from our guests’ browsers.

6 Transmission, Storage and Security of your Personal Information

6.1 No data transmission over the Internet or website can be guaranteed to be secure from intrusion. However, we maintain commercially reasonable physical, electronic and procedural safeguards to protect your Personal Information in accordance with applicable data protection legislative requirements. We also limit access to Personal Information by our own employees to those individuals who are authorized for the proper handling of such information. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.

6.2 While we strive to protect your Personal Information, we cannot ensure or warrant the absolute security of any information you transmit to us or through the Site. Once we receive your transmission, we will use reasonable efforts to ensure its security on our internal systems. Depending on the nature of the inquiry, your communication may be discarded or archived. Please note that your e-mail, like most, if not all, non-encrypted Internet communications, may be accessed and viewed by other Internet users without your knowledge and permission, while in transit to us. For that reason, to protect your privacy, please do not use e-mail to communicate information to us that you consider sensitive or confidential. If you wish, you may contact us instead via telephone at the numbers provided throughout the Site or at the address below.

7 Cookies Policy

We use cookies as set out in our Cookies Policy available at https://www.shinola.com/cookie-policy and any Personal Information obtained from such cookies in accordance with this Notice.

8 Linking to the Site; External Links

8.1 You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

8.2 The Site may provide links to various websites that we do not control. These links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. When you click on one of these links, you will be transferred out of the Site and connected to the website of the organization that you selected. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. We are not responsible for the nature, quality, or accuracy of the content or opinions expressed on such websites, and such websites are not investigated, monitored, or checked for quality, accuracy, or completeness by us. Inclusion of any linked website on the Site does not imply or express our approval or endorsement of the linked website or any of the content, opinions, products, or services provided through the Site. We exercise no control over linked sites even if an affiliation exists between the Site and a third-party website. Each of these linked sites maintains its own independent privacy and data collection policies and procedures. While we expect our business partners and affiliates to respect the privacy of our users, we cannot be responsible for the actions of third parties. If you visit a website that is linked to or from the Site, we encourage you to consult that website’s privacy policy before providing any personal information and whenever interacting with any website.

9 Intellectual Property Rights; Consent to Privacy Notice; Binding Agreement

9.1 The Site and its entire contents, features, and functionality (including but not limited to all information, headers, stories, software, text, displays, photos, images, tearsheets, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You may use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site. 

9.2 All parts of the Site are controlled, operated, and administered entirely within the United States. By using any part of the Site, you signify your agreement to the terms of this Notice. If you do not agree with any provision of this Notice, please do not disclose any personal information through the Site. 

9.3 This Notice is governed by the laws of the State of Michigan.

9.4 This Notice and the notices outlined herein are not intended to and do not create any contractual or other legal rights in or on behalf of any third party.

10 Prohibited Uses

You may use the Site only for lawful purposes and in accordance with this Notice. You agree not to use the Site in any of the following ways:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries). 

• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” or “spam” or any other similar solicitation.

• To impersonate or attempt to impersonate the Shinola Hotel, any Shinola Hotel employee, another user, or any other person or entity (including, without limitation, by using e-mail associated with any of the foregoing).

• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Shinola Hotel or users of the Site or expose them to liability.

Additionally, you agree not to do any of the following:

• Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including its ability to engage in real time activities through the Site.

• Use any robot, spider, “scraper” or “crawler,” or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.

• Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.

• Use any device, software, or routine that interferes with the proper working of the Site.

• Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site. 

• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.

• Otherwise attempt to interfere with the proper working of the Site.

• Modify copies of any materials from the Site.

• Use any illustrations, photographs, video or audio sequences or any graphics from the Site or any text.

• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site.

• Access or use for any commercial purposes any part of the Sites or any services or materials available through the Sites. 

No right, title, or interest in or to the Site or any content on the Site are transferred to you, and Shinola Hotel reserves all rights not expressly granted in this Notice. Any use of the Site not expressly permitted by this Notice is a breach of this Notice and may violate copyright, trademark, and other laws.

11 Reliance on Information Posted

The information and content presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information and content. Any reliance you place on such information or content is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of their contents. The Site may include content provided by third parties, including materials provided by third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Shinola Hotel, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Shinola Hotel. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. In no event will Shinola Hotel be liable for any decision made or action taken in reliance upon the information provided through the Site.

12 Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SHINOLA HOTEL NOR ANY PERSON ASSOCIATED WITH SHINOLA HOTEL MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER SHINOLA HOTEL NOR ANYONE ASSOCIATED WITH SHINOLA HOTEL REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

SHINOLA HOTEL HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

13 Indemnification

You agree to defend, indemnify and hold harmless Shinola Hotel, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this Notice or your use of the Site, including, but not limited to any use of the Site’s content, and other services and products, other than as expressly authorized in this Notice, or your use of any information obtained from the Site.

14 Limitation on Liability

IN NO EVENT WILL SHINOLA HOTEL, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITE LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

15 Changes

We may change the content of the Site or our services without notice, and consequently this Notice and/or Cookies Policy may change at any time in the future. We will take reasonable steps to notify you of material changes to this Notice or the Cookies Policy by posting the revised notice with the date it was revised on the applicable page. Your continuing business relationship with us, the fact that you provide Personal Information to us and your continued use (including access, growing and/or use of any interactive feature) of our Site constitute your agreement to this Notice and the Cookies Policy and any updates thereto. We therefore encourage you to review both policies it from time to time to stay informed of how we are using Personal Information.

16 Your Rights and Contacting Us

16.1 You have the right to access, update and correct inaccuracies in your Personal Information in our custody and control, subject to certain exceptions or restrictions prescribed by law. This includes: (i) asking us to correct or update any such Personal Information; or (ii) requesting that such Personal Information be unsubscribed from an e-mail or other electronic marketing data base.

16.2 To access, update or correct any inaccuracies in your Personal Information you may contact us at marketing@bedrockdetroit.com. In addition, each time we send you an e-mail or any other type of electronic marketing message, you will be given the option to unsubscribe by simply clicking the unsubscribe link. We may, however, continue to contact you via e-email for administrative or information purposes, including follow-up messages regarding the administration of your account, any services, features or functions you have enrolled in or registered to use, any promotions or contests you have already participated in or have already entered, goods and/or services you have ordered, or other transactions you have undertaken with us.

16.3 We can be contacted in relation to your rights or any questions you may have in respect of this Notice or our processing of your Personal Information at the following addresses:

Email: Marketing@bedrockdetroit.com

1400 Webward Ave LLC

630 Woodward Ave 

Detroit, MI 48202 

Attn: Privacy Notice