Privacy Policy and Terms of Service
Effective Date: April 14, 2024 Last Updated: April 14, 2024
Who we are/ Information about us
Our website address is: http://devincesuites.com. We use common tracking technologies at De Vince Suites Hospitality collect information about users over time and across different websites, mobile applications, and other services. We also authorise third parties to collect information this way. To do this, we use several common tracking tools. Our vendors and other third parties may also use these tools. These may include browser cookies. We may also use web beacons, flash cookies, and similar technologies. When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.
Address: De Vince Suites, Via Ricasoli 19, 00185, Roma.
Cookies
If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year. If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser. When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed. If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day. Embedded content from other websites Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website. These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.
DATA CONTROLLERS AND DATA PROCESSORS
1. Pursuant to Article 4 point 7 of the GDPR 2016/679, the data controller for the Website is the company De Vince Suites with headquarters in Via Ricasoli 19, 00185 Roma– Province of Rome;
2. Pursuant to Article 28 of the GDPR 2016/679, the external Data Processor and System Administrator for the management of the hotel’s website and the online booking platform www.octorate.com, integrated in the website itself, is the company Octorate. The platform is a service of Octorate SRL based in Via Filippo Caruso, 23, 00173, Rome – CF/P.Iva 13493861002 Website: www.Octorate.com. Octorate Srl (hereinafter OR) is a Booking Engine, Channel Manager, PMS and Website Builder dedicated to accommodation facilities (hotels, residences, etc …), for the real-time implementation of online reservations generated on the owner’s website.
3. Pursuant to Article 28 of the GDPR 2016/679, the company De Vince Suites, with registered office in Via Ricasoli 19 00185 – Rome, is responsible for the marketing activities of the website and newsletters and is in charge of the Brand De Vince Suites & Group.
DATA PROCESSING LOCATION
The processing operations associated with the web services of this website take place at the headquarters of the data controller and data processors, and are carried out only by technical personnel assigned to the data processing service. We use Flywheel.com as a Server Provider.
Using third-party cookies, Google and other companies that install third-party profiling cookies may also process personal data outside the European community. In this regard, please refer to the relevant Cookie Policy.
Personal data submitted by users who request information material are used only to perform the service or provide services requested, whereas certain data acquisition forms provide for the possibility of forwarding the data subject’s personal data to service providers to comply with the contract and provide the requested services.
TYPES OF DATA PROCESSED
Browser data
During their normal operation, computer systems and software procedures used to operate this website acquire certain personal data the transmission of which is implicit in the use of internet communication protocols. This information is not collected with the intent of associating it with identified users but, by its own very nature, could lead to the identification of users through processing and association with data held by third parties. This category includes IP addresses or domain names of the computers used to connect to the website, URI (Uniform Resource Identifier) addresses of the requested resources, time of the request, method used to submit the request to the server, size of the file obtained in response, digital code indicating the server response status (successful, error etc.) and other parameters pertaining to the user’s operating system and IT environment. This data is used only to obtain anonymous statistics about the usage of the website and to check that it is functioning correctly; it is deleted immediately after processing. The data could be used to ascertain responsibility in case of hypothetical computer crimes against the site; except for this possibility, web contact data is presently retained for no longer than thirty days. Data submitted voluntarily by users
The optional, explicit and voluntary sending of emails to the addresses indicated on this website entails the subsequent acquisition of the sender’s address, which is necessary to reply to requests, as well as any other personal data included in the messages.
The voluntary compilation of data acquisition forms to request specific services, adhere to offers or to purchase services and products, entails the subsequent processing of the personal data submitted to ensure the execution of a contract to which the data subject is a party or the fulfilment of pre-contractual terms requested by the same data subject.
The company has taken specific measures to ensure that the processing of data is preceded by the user’s voluntary reading of this privacy policy disclosure.
Personal Information
As outlined in the Company’s Privacy Policy, incorporated herein, we will protect your Personal Information and disclose it only in a limited number of circumstances. We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorised access, use, alteration, or disclosure. However, we cannot guarantee that unauthorised third parties will never be able to thwart those measures or use your personal information for improper purposes. You acknowledge that you provide your Personal Information at your own risk. We engage in interest-based advertising. Visitor comments may be checked through an automated spam detection service. We engage in interest-based advertising. We and our partners display interest-based advertising using information gathered about you over time across multiple websites, mobile applications, or other platforms. Interest-based advertising or “online behavioural advertising” includes ads served to you after you leave our website, encouraging you to return. They also include ads we think are relevant based on your shopping habits or online activities. These ads might be served on websites or on apps. They might also be served in emails. We might serve these ads, or third parties may serve ads. They might be about our products or other companies products.
Cookies
Please refer to the Cookie Policy. This site uses cookies
This web site and the booking web page use technical cookies and, only with your prior consent, marketing cookies for targeted advertising and ads personalisation. To consent to the installation of all categories of cookies, click on “Accept all cookies”; to select specific cookie categories, click on “Select cookies”; you can close the banner by clicking on “x” to refuse the installation of cookies other than technical cookies. To unfold the banner again and change your preferences, click on “Cookies” in the footer of the website and the booking web page.
Technical Cookies
Technical Cookies allow us to improve your navigation and to provide you with all the services offered by the Sites.
Minors
The services provided on this website are not intended for minors. We do not knowingly collect data, including personal details, related to minors.
Should we become aware that we have collected the personal data of a minor, we will immediately delete such data, unless we are obliged by law to retain the same. Please contact us if you believe that the Hotel has mistakenly or unintentionally collected information related to a minor.
PROCESSING METHODS
Personal data are processed by automated tools for the time necessary to achieve the purposes for which they were collected. Specific security measures are observed to prevent the loss of data, the illicit or incorrect use thereof and unauthorised access.
PURPOSE, LEGAL BASIS AND NATURE OF SUBMITTED DATA
Data provided through the Website will be processed by the Data Controller for the following purposes:
a) purposes relating to the execution of a contract to which the data subject is a party or to the fulfilment of pre-contractual terms requested by you (e.g.: booking, acceptance of special offers, etc.). Consent is not necessary;
b) purposes related to the sending by email of promotional and commercial material following voluntary registration to the Hotel newsletter. This requires the explicit consent of the data subject or soft spamming;
c) to assess possible job applications by acquiring CVs via email as per professional proposals. Since there is no data acquisition form, it is sufficient to view this privacy policy disclosure
d) statistical research on and analysis of anonymous aggregate data, aimed at measuring Website functionality, traffic intensity, usability and interest to make it more functional and performing; Consent is not necessary as the processing of personal data is not involved
e) profiling purposes through third-party cookies; Consent is required as per the Cookie Policy
f) purposes related to the fulfilment of laws and regulations; Consent is not required g) purposes necessary to establish, exercise or defend a right in court or whenever the courts exercise their judicial functions. Consent is not required
The data processed by us may include special categories of personal data as defined by Article 9 of GDPR 2016/679 or personal data concerning health or religion (food allergies, services for the disabled, menus related to religion, etc.) provided voluntarily, with prior consent, in the Notes fields of the booking form.
The data in question will be processed guaranteeing appropriate security measures limited to the data and operations necessary to fulfil the pre-contractual obligations that the hotel undertakes in its sector of activity, in order to provide specific goods or services requested by the data subject.
Pursuant to Article 9 of the GDPR 2016/679, however, we will always ask for an explicit authorisation to process your personal data as we cannot know in advance if data subjects will voluntarily enter information applicable to a given category in the data acquisition forms.
DATA RETENTION
The data controller will process the personal information of data subjects for the time strictly necessary to achieve the purposes indicated in this privacy policy disclosure.
By way of non-exhaustive example, the hotel will process Personal Data to provide the newsletter service until the interested party decides to unsubscribe from the service itself by simply clicking on the email received.
Without prejudice to the above, the data controller will process your Personal Data for as long as permitted by Italian law to protect its interests (Article 2947(1)(3) of the Italian Civil Code). More information about the Personal Data retention period and the criteria used to determine this period can be requested by writing to devincesuites@gmail.com
RIGHTS OF THE DATA SUBJECTS
At any time, data subjects have the right to obtain confirmation of the existence or non-existence of the data itself, to be informed of its content and origin, to verify its accuracy, and to request that it be supplemented, updated or corrected (Article 15 – 22 GDPR 2016/679). In accordance with the above-mentioned Articles, Data Subjects have the right to request the deletion, anonymisation or blocking of data processed in violation of the law, and in any case, to oppose the processing of said data for legitimate reasons.
Pursuant to Chapter III of the GDPR 2016/679, at any time, data subjects have the right to request access to their Personal Data, the correction or cancellation of the same or to oppose their processing as well as restriction of processing or return of the data in a structured, commonly used and machine-readable format. Data subjects may also oppose profiling and lodge complaints with the Supervisory Authority.
At any time, data subjects also have the right to revoke their consent to processing without prejudice to the lawfulness of the processing based on consent given before the revocation. For the complete and exhaustive list of the rights exercisable by data subjects, see Article 15 et seq. of the GDPR 2016/679.
You can request to receive an exported file of the personal data we hold about you, if exists, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
Requests should be sent via email to devincesuites@gmail.com
Terms of website use
Accessing our site
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
IF YOU CHOOSE, OR YOU ARE PROVIDED WITH, A USER IDENTIFICATION CODE, PASSWORD OR ANY OTHER PIECE OF INFORMATION AS PART OF OUR SECURITY PROCEDURES, YOU MUST TREAT SUCH INFORMATION AS CONFIDENTIAL, AND YOU MUST NOT DISCLOSE IT TO ANY THIRD PARTY. WE HAVE THE RIGHT TO DISABLE ANY USER IDENTIFICATION CODE OR PASSWORD, WHETHER CHOSEN BY YOU OR ALLOCATED BY US,AT ANY TIME, IF IN OUR OPINION YOU HAVE FAILED TO COMPLY WITH ANY OF THE PROVISIONS OF THESE TERMS OF USE.
When using our site, you must comply with the provisions of our acceptable use policy. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged. You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Reliance on information posted
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
Viruses, hacking and other offences
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately. 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 our site or to your downloading of any material posted on it, or on any website linked to it.
Linking to our site
Our site must not be framed on any other site, nor may you create a link to any part of our site. If you wish to make any use of material on our site, please address your request to De Vince Suites.
Links from our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. 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.
Our site changes regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
Our liability
THE MATERIAL DISPLAYED ON OUR SITE IS PROVIDED WITHOUT ANY GUARANTEES, CONDITIONS OR WARRANTIES AS TO ITS ACCURACY. TO THE EXTENT PERMITTED BY LAW, WE, OTHER MEMBERS OF OUR GROUP OF COMPANIES AND THIRD PARTIES CONNECTED TO US HEREBY EXPRESSLY EXCLUDE:
ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY.
ANY LIABILITY FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE INCURRED BY ANY USER IN CONNECTION WITH OUR SITE OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR RESULTS OF THE USE OF OUR SITE, ANY WEBSITES LINKED TO IT AND ANY MATERIALS POSTED ON IT, INCLUDING, WITHOUT LIMITATION ANY LIABILITY FOR:
LOSS OF INCOME OR REVENUE;
LOSS OF BUSINESS;
LOSS OF PROFITS OR CONTRACTS;
LOSS OF ANTICIPATED SAVINGS;
LOSS OF DATA;
LOSS OF GOODWILL;
WASTED MANAGEMENT OR OFFICE TIME
FOR ANY OTHER LOSS OR DAMAGE OF ANY KIND, HOWEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, PROVIDED THAT THIS CONDITION SHALL NOT PREVENT CLAIMS FOR LOSS OF OR DAMAGE TO YOUR TANGIBLE PROPERTY OR ANY OTHER CLAIMS FOR DIRECT FINANCIAL LOSS THAT ARE NOT EXCLUDED BY ANY OF THE CATEGORIES SET OUT ABOVE.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Social Media Terms & Conditions
De Vince Suites enjoys interacting with you on public social media platforms via its corporate and individual hotel accounts. If you respond to our brand’s questions, posts or otherwise post content on or via our official presence via these platforms, we may use or republish your posted text, photo, video or other materials (collectively ‘Content’) as outlined below. Our official brand presence on social media platforms includes Facebook, Instagram, Pinterest, LinkedIn, TikTok. By posting or otherwise making available any content responding to or communicating with us on or via our official brand presence on social media platforms/sites and branded hashtags (including and without limitation Facebook, Instagram, Pinterest, LinkedIn, TikTok and YouTube), you represent and warrant that you are 18 years of age or older and that you agree to the following terms and conditions: You irrevocably grant Dorchester Collection (the corporate account and the inpidual hotels), its affiliates, licensees and assign a royalty-free, perpetual, non-exclusive, unrestricted right and global license to copy, reproduce, modify, edit, adapt, translate, create derivative works of, publish, post, distribute, publicly perform, sublicense, or otherwise provide to others, your content in any and all media, formats and channels (now in existence or hereinafter developed) for any purpose, including advertising and commercial purposes. In the spirit of community and because we appreciate that you want to be recognised by us and our hotels with what is commonly referred to as a “shout-out,” we will try to credit you as the author/source of the Content by referring to your social media platform handle or identifier. (By posting, you agree that we may identify you as the author/source of the Content.) We might use any really good ideas, suggestions, developments, and/or other material offered to us via your posted Content without any attribution or compensation to you. By sending us Content as yourself, you represent and warrant that the Content does not violate or infringe any rights of any third party, including, but not limited to, copyright, trademark, rights of publicity and privacy. Important Note: If any third-party content is included in your posted Content you must obtain permission from the content owner and attribute/credit such content to the owner. We respectfully ask that you follow the following simple rules that will prevent us from deleting and otherwise blocking you.
Please don’t post any Content that is disruptive, abusive, vulgar, profane, obscene, hateful, threatening, harassing, defamatory, or which discloses personally identifiable information or private or personal matters concerning any person. Don’t post any Content that you don’t have the right to post/transmit (and grant us the rights above) under applicable law or under contractual or fiduciary relationship.
Never post anything that might be offensive to others, such as sexual comments or racial slurs. Remember that talk of religion, culture or politics can also easily offend others. If you are uncertain or concerned about the appropriateness of any statement or posting, refrain from posting it!
You warrant and represent that all testimonials, endorsements and/or advertisements contained in your posted Content are truthful, accurate and represent your opinion and personal experience.
Be respectful to others when making any statement on social media and be aware that you are personally responsible for all communications which will be published on the internet for anyone to see.
You agree to hold De Vince Suites (sometimes referred to herein as “us” or “our”) and our parent company, affiliates, agents and licensees (collectively, “Indemnitees”) harmless, and defend and indemnify the Indemnitees from any claim, disputes, demands, proceedings, cause of action, judgments, damages, liabilities, losses, costs or expense of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed which may arise out of or are in any way connected with your posted Content and/or your use of our official brand presence on Social Media Platforms. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude (i) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; (ii) any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for: Loss of income or revenue; Loss of business; Loss of profits or contracts; Loss of anticipated savings; Loss of data; Loss of goodwill; Wasted management or office time; and
For any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
These terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Italy, Rome Forum.
ACCEPTABLE USE POLICY
This acceptable use policy sets out the terms between you and us under which you may access our website. This acceptable use policy applies to all users of, and visitors to, our site.
Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use www.devincesuites.com
This is a site operated by De Vince Suites.
Prohibited Uses
You may use our site only for lawful purposes. You may not use our site:
– In any way that breaches any applicable local, national or international law or regulation.
– In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
– For the purpose of harming or attempting to harm minors in any way.
– To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards below.
– To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
– To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
– Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use www.devincesuites.com.
– Not to access without authority, interfere with, damage or disrupt: any part of our site; any equipment or network on which our site is stored; any software used in the provision of our site;or any equipment or network or software owned or used by any third party.
Suspension and termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of the terms of use www.devincesuites.com upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
Immediate, temporary or permanent withdrawal of your right to use our site.
Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Information about you and your visits to our site
We process information about you in accordance with our privacy policy www.devincesuites.com. By using our site, you consent to such processing and you warrant that all data provided by you is accurate. [Transactions concluded through our site Contracts for the supply of good and services formed through our site or as a result of visits made by you are governed by our terms and conditions of supply.]
Contacting you
We will contact you by email in order to provide you with marketing information about our offers and promotions which we believe would interest you in a way that is targeted and relevant. At the bottom of any marketing emails you will have a clearly marked unsubscribe option from future mailings.
Disclaimer/No Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES AND/OR THIS WEBSITE. THE COMPANY DOES NOT WARRANT THAT YOUR USE OF THE SERVICES AND/OR THIS WEBSITE WILL BE SECURE, TIMELY, ERROR-FREE OR UNINTERRUPTED, OR THAT THE SERVICES ARE OR WILL REMAIN UPDATED, COMPLETE OR CORRECT, OR THAT THE SERVICES AND/OR WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT THE SYSTEMS THAT MAKE THE SERVICES AVAILABLE (INCLUDING WITHOUT LIMITATION THE INTERNET, OTHER TRANSMISSION NETWORKS, AND YOUR LOCAL NETWORK AND EQUIPMENT) WILL BE UNINTERRUPTED OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES AND ANY PRODUCTS AND THIRD PARTY MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND SOLELY FOR YOUR USE IN ACCORDANCE WITH THIS AGREEMENT. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF BOTH THE COMPANY AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, CONTRACTORS, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE “THE COMPANY PARTIES”). Indemnification. You agree to indemnify, defend, and hold harmless the Company and its Parties from and against any and all third party claims alleged or asserted against any of them, and all related charges, damages and expenses (including, but not limited to, reasonable attorneys’ fees and costs) arising from or relating to: (a) any actual or alleged breach of any provisions of this Agreement; (b) any access to or use of the Services and/or Website; (c) any actual or alleged violation by you, an affiliate, or end User of the intellectual property, privacy or other rights of a third party; and (d) any dispute between you and another party and/or User regarding ownership of or access to your data. Limitations/Exclusions on Liability. THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY AND WILL NOT BE RESPONSIBLE FOR ANY DAMAGES OR LOSS CAUSED, OR ALLEGED TO BE CAUSED, BY THE TRANSMISSION OF CARDHOLDER DATA PRIOR TO ITS ENCRYPTION AND RECEIPT BY SERVER(S) OWNED OR CONTROLLED BY THE COMPANY. THE EXCLUDED DAMAGES WILL INCLUDE, WITHOUT LIMITATION, DAMAGES RESULTING FROM FRAUD, EMBEZZLEMENT, THEFT, IDENTITY THEFT, OR INVASION OF PRIVACY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY PARTIES’ AGGREGATE LIABILITY, COLLECTIVELY, FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE FEES PAID PRECEDING THE DATE OF THE INCIDENT. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) APPLY WITH RESPECT TO BOTH THE COMPANY AND THE COMPANY PARTIES. IN NO EVENT WILL THE COMPANY HAVE ANY LIABILITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWEVER CAUSED, OR FOR ANY LOST PROFITS, LOSS OF USE, DATA OR OPPORTUNITIES, COST OF DATA RECONSTRUCTION, COST OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICES OR THIRD PARTY OFFERINGS, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICES, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, EVEN IF THE COMPANY, ITS LICENSORS OR SUBCONTRACTORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
Modification
The Company reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of these Terms of Service and/or Privacy, and any and all referenced and/or incorporated exhibits or policies, programs and guidelines. The Company will endeavour to notify you of any material changes by email, but will not be liable for any failure to do so. If any future changes to these Terms of Service and/or Privacy Policy are unacceptable to you or cause you to no longer be in compliance with these Terms of Service, you must terminate, and immediately stop using, the Services. Your continued use of the Services following any revision to these Terms of Service constitutes your complete and irrevocable acceptance of any and all such changes.
Assignment. The Company may assign these Terms of Service and/or Privacy Policy in whole or part at any time. However, you may not assign, delegate or transfer this Agreement in whole or in part, without the Company’s prior written consent.
No Waiver
Any failure of the Company to enforce or exercise a right provided in these Terms of Service and/or the Privacy Policy is not a waiver of that right.
Severability. Should any provision of these Terms of Service be found invalid or unenforceable, the remaining terms shall still apply.
Force Majeure. Neither Party will be liable for any failure or delay in performance under this Agreement (other than for delay in the payment of money due and payable hereunder) for causes beyond that Party’s reasonable control and occurring without that Party’s fault or negligence, including, but not limited to, acts of God, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems (other than those involving the Company’s or your employees, respectively), computer attacks (by government/nation entities or otherwise) or malicious acts, such as attacks on or through the Internet, any Internet service provider, telecommunications or hosting facility. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.
Notices
Any notices provided by the Company under this Agreement and/or the Privacy Policy may be delivered to you to the email address(es) we have on file for your Account. You hereby consent to receive notice from us through the foregoing means, and such notices will be deemed effective when sent if on a business day, and if not sent on a business day then on the next business day. Except as otherwise specified in the Agreement, any notices to the Company under this Agreement must be delivered via email to deincesuites@gmail.com and via registered priority mail with receiving receipt, to: De Vince Suites, Via Ricasoli 19, Roma, Italy.
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING PRIVACY POLICY & TERMS OF SERVICE, AND AGREE THAT MY USE OF THE SERVICES IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE AND THE COMPANY’S PRIVACY POLICY INCORPORATED HEREIN.
UPDATES AND REVISIONS
The privacy policy was updated to revision 1 on April 14, 2024 and may be subject to future revisions.