Website Privacy Statement & Terms of Use


BLV GROUP - PRIVACY STATEMENT
(including California Privacy Rights)
Privacy Statement effective 1 September 2008
THIS PRIVACY STATEMENT IS PART OF YOUR AGREEMENT WITH US REGARDING YOUR USE OF OUR WEBSITES. IT REPRESENTS OUR POLICY CONCERNING YOUR PRIVACY AND DESCRIBES WHAT INFORMATION WE COLLECT, HOW WE COLLECT, PROCESS, STORE AND USE IT, AS WELL AS HOW, WHEN AND WITH WHOM WE SHARE INFORMATION.
Any terms not defined in this Privacy Statement are defined in our Terms of Use or Additional Terms, all of which, together with this Privacy Statement, form the Agreement you have with us. If you are a legal resident of the European Union, "you" and "your" also refers to you as a 'data subject' for purposes of our complying with the rules and regulations regarding your privacy.
What Information Do We Collect?
When you access or visit any of our Websites, our technology can be used to recognize, collect and transmit information that is associated with you, but which does not personally identify you. Although the term 'cookie' technically refers to a small text file stored on a computer for record-keeping purposes, we will use the term "cookie" to refer generally to any technology that can recognize, collect or transmit information about you or your visits to our Websites. Non-identifiable information includes data such as your IP address, the domain that referred you, the type of browser you are using, the date and time of your visit and your activities on our Websites. This information helps us analyze trends, administer, track user movements and gather aggregate demographic information about visitors so we can continually improve our Websites.
Cookies also allow our Websites to recognize your computer each time it is used to visit and cookies can count how often you return. Cookies can also tell us about your preferences for features and functions, but unless you register or provide us with other information that allows us to identify you, we do not collect personally identifiable information during this process and our cookies don't personally identify you or any particular individual. However, for those Websites that allow you to register, create a profile or account or enable you to voluntarily give us or enter information, cookies can store information such as your User ID and other identifiable information, in this example, so you don't have to re-enter your User ID each time you return to visit. Of course, by changing the settings on your internet browser you can disable or turn the cookie feature off and also change the settings, to stop your browser from automatically accepting cookies. If you change your browser settings, it may affect your ability to use certain features of our Websites and it may also require you to re-enter information each time you visit or use our Websites. Check the operating instructions for your browser to determine how to configure your browser settings for your needs.
We use the term "Personal Information" to refer to information you provide in connection with your use of our Websites by which you can be personally identified. Personal Information may include your name, address, telephone number, date of birth, credit card information, email address and any other information which might reasonably be used to identify you.
How We Obtain Personal Information
We only obtain your Personal Information when you provide it - when you register or take advantage of Services that ask you to do so. If you contact us for customer service or a question, we will use your contact information to help us respond and assist you. Unless you voluntary send us Personal Information, before we collect your Personal Information we will ask you first - for example during a registration process.
When you give us Personal Information, you are agreeing and giving us your consent to track your use of our Websites and the right to use your Personal Information in connection with our Websites as described in your Agreement with us. That means we may collect, process, maintain, store, transmit, share and use your Personal Information in any manner we have described to you in your Agreement with us. In some cases (e.g., you are a legal resident of the European Union) your Personal Information may be transmitted, stored, process and used in a country or jurisdiction which may not have the same (or a level deemed adequate) protections that may be available to you where you live.
If you do give us Personal Information, you must give us current, complete, truthful and accurate information and keep it up to date. Subject to our obligations to comply with legal, regulatory and our internal audit and record-keeping requirements, you will always be able to change information we have in our records, either using procedures described on the Website or by notifying us. For security reasons, we may require additional verification to change some of your Personal Information (e.g., name, birth date, email address). If the burden or expense of providing access to your Personal Information is disproportionate to the risks to your privacy or if the legitimate rights of others would be violated, we may decide not to provide you access to your Personal Information. In such cases, we will provide you with an explanation of why access cannot be provided and a contact person for further inquiries.
You, not us, are solely responsible for false, fraudulent, inaccurate, incomplete or out of date information we obtain from you and you will indemnify us (see the Section in our Terms of Use entitled "You Are Indemnifying Us") for any damage that results. We can terminate your use of our Services and delete any entry, if we have believe information you provide is or may be false, fraudulent or in violation of this Agreement or we believe there is a question of the identity of a person trying to use our Websites.
Using Information; Disclosures to Third Parties
Without limiting any rights we may otherwise have, we can use information we obtain from you, including Personal Information: (1) for the purpose for which it was provided; (2) to improve our Website; (3) to keep track of the use of our Websites for research and to monitor compliance with your Agreement with us; (4) to notify you of important information about our Websites including your activities and transactions with us; (5) to serve advertisements and provide you with promotional offers and (6) to provide customer service. We also use and share your information (including Personal Information) between and among our affiliates and properties we operate, as well as those who assist us in managing and operating them, so we can provide you with Services and complete reservations (e.g., email confirmation of reservations), obtain customer feedback about your experiences with us (e.g., Guest Satisfaction surveys), for billing, account management and other purposes related to your transactions and activities with us.
Other than the specific circumstances set forth in this Agreement, we do not sell, rent, lease, provide or otherwise disclose your Personal Information to unaffiliated entities unless we disclose that to you when we ask you to submit Personal Information. We will always let you know if we intend to provide any of your Personal Information to a Third Party and we will ask you to consent whenever we intend to do so.
We always have the right to disclose your Personal Information to any third party we engage for the purpose of administering, operating, configuring site design, hosting, maintaining and providing support for our Websites. We always request our operational service providers to protect your privacy and not disclose your Personal Information to third party marketers that are not associated with our Websites, nor are they permitted to use your Personal Information for their own marketing or promotional purposes.
We always reserve the right to make your Personal Information available:
• When we are compelled by a governmental agency, law, regulation, a court or other legal process;
• If we believe you are, have or may violate any law, regulation, your Agreement with us;
• If we believe you are or may be a threat to safety, property, interests or the rights of us or others;
• In order to investigate and respond to problems or inquiries or to protect or defend our interests;
• In a merger, acquisition, change of control, joint venture or other business combination.
We maintain reasonable standards of security and confidentiality and we try to limit information access to individuals who need to have access to perform their responsibilities. Any employee found violating our standards of security and confidentiality is subject to our disciplinary processes. We must advise you, however, that the Internet and communications cannot be guaranteed to be secure and it is possible that others could unlawfully intercept or access information, going to, from or even within our Websites.
Your California Privacy Rights
If you are a resident of the State of California, under the California Civil Code, you have the right to request information on how to exercise your disclosure choice options from companies conducting business in California. If you are a California resident and wish to request information from us about how to exercise your third party disclosure choices, you must send us a request for information indicating your preference as to how you would like us to respond to your request (i.e., email or postal mail). To request such information, either send an email to our Data Privacy Officer at data-protection@blvgroup.com or in writing by postal mail to:
Data Privacy Officer
BLV Group LLC
432 Park Avenue South
4th Floor
New York NY 10016
Attention: Your California Privacy Rights
All requests sent via postal mail must be labeled "Your California Privacy Rights" on the envelope or post card and that must also be clearly stated on the actual request. For all requests, please include your first and last name, street address, city, state and zip code. (Your street address is optional if you wish to receive a response to your request via email, but please include your zip code for our recordkeeping.) We will not accept requests via the telephone or by facsimile. We are not responsible for notices that are not labeled or sent properly, notices that are illegible or that do not have complete information.
You Can Opt Out
If you provide us Personal Information that either automatically initiates or later allows you to sign up to receive email or other communications from us on a periodic or regular basis, it includes your consent to receive them. That said, we will always let you know and give you the right to subsequently decide to opt out of receiving them in the future. Our Websites and email will provide instructions and procedures you can use to do so. You cannot opt out of receiving communications related to Services you request, in response to your inquiries, or to manage your registration or account with us.
Links and Third Party References
Our Websites may contain or display information from third parties such as sponsors, advertisers, operational service providers or others that also may use cookies to measure the effectiveness of advertising and these third parties may offer information, goods or services, provide opportunities to participate in promotions, engage in activities or link or redirect your browser to other websites, materials or organizations. Even if we have a relationship with them, we do not control them, their advertising or information, nor any of their websites, policies or practices, including how they use cookies or collect, process, share or use your information (including Personal Information). You should check their terms, conditions and practices because those will apply and we are not responsible for them. We may also use third parties to serve our own advertising, provide Services or Content, distribute email, messages or other information and these third parties also often use cookies to measure advertising effectiveness.
If You Still Have Questions or Concerns
If you have any questions or concerns about our Privacy Statement or our information practices our Data Privacy Officer will be happy to answer them. You can email our Data Privacy Officer at data-protection@blvgroup.com or write to BLV Group Holdings, 230 Park Avenue, New York, NY 10019, to the attention of our Data Privacy Officer, and in each case please specify which of our Websites you are inquiring about so we can better assist and respond to your questions.


BLV GROUP - WEBSITE TERMS OF USE
Terms of Use effective 1 September 2008
PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE TOGETHER WITH ALL THE OTHER PROVISIONS AND DOCUMENTS REFERRED TO BELOW, THEY REPRESENT A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US REGARDING USE OF OUR WEBSITES. IF YOU ARE UNABLE OR UNWILLING TO AGREE, PLEASE STOP USING OR ATTEMPTING TO USE OUR WEBSITES, BECAUSE IF YOU CONTINUE YOU WILL BE AGREEING TO ALL THE TERMS AND CONDITIONS THAT ARE DESCRIBED OR REFERRED TO BELOW.
These terms and conditions ("Terms of Use"), together with our Privacy Statement and any Additional Terms that apply to you, represent a legally binding agreement between you and us regarding your use of our Websites (we will refer to all these as your "Agreement" with us). "Additional Terms" are any other terms and conditions we may refer to or disclose to you when you use our Services. If you use any of our Websites you are acknowledging you have read, understand and agree to these Terms of Use, our Privacy Statement and any Additional Terms that apply to you.
Some Defined Terms to Make Reading Our Terms of Use Easier
We use terms such as "we", "us", "our" and ourselves" to mean and refer to "BLV Group Holdings", "Essenze Style", "BLV Realty" and the "BLV GROUP" of companies, as well as our respective suppliers, agents and representatives, who, individually and/or collectively, are part of or service the BLV Group Holdings family of companies. We invite you to learn more about who we are and what we do at www.blvrealtyorg.com. We will use terms such as "user", "you" or "your" to mean and refer to you and other users of our Website. We will use the term "Services,'" to mean and include any and all of the features, functions, services, promotions, including sweepstakes and contests, offers, receive or exchange information and/or any other activities and transactions available to you as a user of any of our Websites. "Content" means and includes such things as software, code, design, text, images, photographs, illustrations, animations, audio, video and audio-visual material, art, graphic material, proprietary information, data, databases, service marks, trademarks, trade names, distinctive identification such as logos, the selection, sequence, 'look and feel' and arrangement of items and all copyrightable or otherwise legally protectible elements of any and all of our Websites. Unless we tell you otherwise, the term "Website" means and includes all Services and Content, all web pages within our Websites, and all backup, mirror, replacement or substitute websites or pages we may make available.
When you see the word "use" or "using" it includes any time you, directly or indirectly, with or without the help of any device, attempt to or actually do access, interact, display, view, browse, print or copy, transmit, receive or exchange data, messages, content or you otherwise communicate with us or anyone else, including another user, advertiser or any person, firm or business you may encounter. We will also consider you to be using our Website if you utilize, benefit, take advantage of or interact with any feature, function, service, activity, promotion or content in, on or available through any of our Websites, for any purpose, or if you try to do any of these things.
As you read through the Agreement, you should understand that we use words such as "include" or "including" to be comprehensive and provide examples, not to limit, define or be exclusive.
We Can Change Our Websites and Our Terms of Use
We reserve the right, at any time and from time to time, in our sole discretion, to add, delete or modify this Agreement, as well as any of our Websites. We will post or display a notice of material changes to this Agreement on any and all Websites affected by the change and once we post them, these changes will be effective on the date specified. If you use our Websites after the changes become effective, it means you are agreeing to be bound by the changes. You should check back here on a regular basis and review this Agreement, so you are aware of the current terms and conditions that apply to you.
Respecting Your Privacy
We respect your privacy. Our Privacy Statement is incorporated into and forms a part of these Terms of Use and is a part of your Agreement with us. Read it carefully since it describes, among other things, how we collect and use information we obtain when you use our Websites.
Registering on Our Websites
Some of our Websites may allow or require you to enroll in order to use certain Services or Content. You will be required to provide us with information about you during the registration process and you will be asked to choose a user name and password (or we may assign an initial password, which we will give you the option to change). Once we receive all the information required for registration we will confirm you have become a "Registered User" of that Website and you will be asked to log in using your unique user name and password combination which we will refer to as your "User ID." You can terminate your registration on any of our Websites by following the instructions we provide on that Website, subject to any obligations you previously agreed to and which have not yet been fully performed, fulfilled or completed. We can terminate your use of and registration on any of our Websites, at any time without liability or obligation of any kind whatsoever.
You must be an adult (or have a parent's permission) to use our Websites, If you are at least 13 years old but you are not yet considered an adult where you live (generally age 18) you can only enroll and become a Registered User if you get consent from your parent or legal guardian ("parent"). If you are under 13 you may not enroll, register, become a Registered User or use our Websites at all.
Keep Your User ID Confidential
Your User ID is personal and you must keep it strictly confidential. Don't give it to anyone or allow others to use it because you are solely responsible for anything and everything that can be connected to, associated with or traced to your User ID, including, without limitation, any and all fees, costs and charges, liability and damages. You agree to immediately notify us if you become aware or believe there is or may have been any unauthorized use of your user name or password or any other need to deactivate your User ID due to security concerns. You, not us, are solely responsible and liable for the use of your User ID by you or anyone else and you will defend and indemnify us as described in the section of our Terms of Use entitled "You Will Indemnify Us" for any damage or harm resulting from your User ID.
Who Owns the Intellectual Property and Other Rights?
Each of our Websites and, except as described below, all Content, is either our property or the property of our affiliates, licensors, suppliers, operational service providers, advertisers, agencies or promotional partners, and is protected under U.S. federal and state laws and regulations, as well as applicable foreign laws, regulations and treaties. You keep ownership to all Content that is yours and if you submit Content to us, this Agreement does not deprive you any proprietary rights you may have in your Content. However, when you submit or provide Content to us or any of our Websites, you are giving us an unconditional, irrevocable, transferable, royalty free worldwide license to use, display, reproduce, perform, adapt, translate, modify, create derivative works, publish, distribute, disseminate and/or broadcast that Content (a "license") and you represent and warrant you have the right to give us such license. If you do not have the right to license Content to us (or if you are not sure), do not submit or provide Content to us.
You may only use Content of ours or others for your own personal use and you have no right to transfer, assign or use the Content for any other purpose or allow or enable anyone else to do so. Personal use means nothing commercial, whether or not money, other compensation or consideration is involved and whether or not it is for your benefit or for someone else. This also means you may not use, display, reproduce, perform, adapt, translate, modify, create derivative works, publish, distribute, disseminate and/or broadcast Content that is not yours without our express prior written consent. You may not alter, delete or conceal copyright or other notices, even if we let you download, display, print or share the Content with others. Unauthorized or prohibited use of Content may subject you to civil liability, criminal prosecution, or both.
We Don't Offer Goods or Services on Our Websites
Neither our making any Websites, Services or Content available, nor your use of or visit to any of our Websites constitutes an offer of any kind with respect to any goods and services from us. While we do offer and make available goods and services, we do not do so on or through our Websites since our offers and rights to do so vary from country to country and are subject to different terms and conditions. If you wish to know more about our offerings you can use the contact information provided on our Websites or go to www.blvrealtyorg.com for information about how to contact us.
Links to Other Sites
If you see or use links or conduits on our Websites to browse, redirect or visit any other websites, web pages or other internet or web-based locations, that does not mean we are associated with or review them, monitor or endorse them. We have no obligation, responsibility or liability to you or anyone else if you go to another website, page or anywhere outside our Websites, even if a link on our site allowed, enabled or directed you there. When you leave our Websites, you should review the terms, conditions, privacy and other policies that apply since we don't control, nor do we have any responsibility for any third party sites, their practices or anything associated with their operations. In fact, even if another website or web page has our name, logo or identification normally associated with us, that does not mean they are affiliated or have any relationship with us and you should not assume it is ours or under our control.
Our Liability is Limited
OUR WEBSITES ARE MADE AVAILABLE "AS IS" AND "AS AVAILABLE", WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THEY WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR THAT ANY WEBSITE IS ACCURATE, COMPLETE OR ERROR FREE. WE ARE NOT RESPONSIBLE NOR LIABLE FOR ANY MALICIOUS OR UNAUTHORIZED CODE AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE MECHANISMS FOR THE PROTECTION AND SECURITY OF YOUR EQUIPMENT, PROGRAMS AND INFORMATION. BY USING ANY OF OUR WEBSITES, YOU ASSUME ALL RISK OF LOSS THAT MAY ARISE OR BE ASSOCIATED WITH OUR WEBSITES OR THEIR USE.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES AND RESPECTIVE SUCCESSORS AND ASSIGNS, DISCLAIM LIABILITY FOR ANY AND ALL LOSS, DAMAGE, COST AND EXPENSE OF ANY KIND, DIRECT AND INDIRECT, IN CONNECTION WITH OR ARISING FROM OUR WEBSITES, YOUR AGREEMENT WITH US AND/OR YOUR USE OF THESE, INCLUDING COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR BASIS OF THE CLAIM, WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF ANY LIMITATION OF DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS PERMITTED; HOWEVER, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OF WARRANTIES OR LIMITATIONS ON DAMAGES, SO SOME OF THESE MAY NOT APPLY TO YOU.
You Will Indemnify Us
You agree to defend us against any demands, claims or actions brought against us or arising as a result of any breach or violation of these Terms of Use by you ("Claim") and further agree to indemnify and hold us harmless from and against any and all losses, damages, costs and expenses (including attorneys' fees) resulting from any such Claim. We have the right, at our expense, to assume exclusive defense against any Claim and all negotiations for settlement and you agree to cooperate with us in the defense of any such Claim, at our request. When we say "you will indemnify us" in this Agreement, it will mean and refer to your obligations under this section of the Agreement.
The Law That Applies to this Agreement
Our Terms of Use shall be construed and enforced under the laws of the State of New York applicable to parties resident in and contracts made, executed and wholly performed within the State of New York and the Uniform Computer Information Transactions Act does not apply. You hereby submit to the jurisdiction of the State and Federal Courts in the State, City and County of New York and you will not object to jurisdiction or venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION UNDER THIS AGREEMENT, YOUR USE OF THE SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
General
This Agreement, comprised of our Terms of Use, our Privacy Statement and any Additional Terms that apply to you, all of which are incorporated by this reference, constitute the entire agreement you have with us regarding our Websites and the subject matter herein and supersedes any and all prior or inconsistent understandings. If, for any reason, we believe, suspect or are notified of any act, omission or circumstances which may or could compromise or endanger the health, well being or safety of any person, cause or lead to damage to persons or property (tangible or intangible), adversely affects, infringes upon or misappropriates the rights of others, harasses or interferes with any other user, person, firm or enterprise, interferes with or bypasses security or other protective measures applicable to our systems, networks and communications capabilities, breaches or violates this Agreement or any law or regulation, we have the right, reserving all other rights and remedies available under this Agreement, at law and in equity, to provide information to any and all regulatory and law enforcement authorities and agencies and take any action permitted by law.
This Agreement can only be modified by us as described above or by mutual written agreement, signed by an authorized representative of ours. If any provision is found to be illegal, invalid or unenforceable, it shall be severed and not affect the rest of this Agreement which will remain in full force and effect. Headings are for reference and shall not affect meaning. No claim or action relating in any way to this Agreement, our Websites or otherwise with respect to the subject matter, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause of action arose).
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