WESTMARK WEB PRIVACY POLICY

This website is owned and operated by Westmark Hotels Inc. (“Westmark”). Westmark is committed to respecting and protecting your privacy and helping you make the most of your time on the Internet within a trusted environment. The Westmark Web Privacy Policy (“Privacy Policy”) applies to the westmark.com website and governs its data collection, usage and services. This Privacy Policy discloses how we collect, protect, use and share information gathered about you on our website. If you use this site you explicitly agree to the terms and conditions of the Privacy Policy in effect at the time of your use. We hope that this disclosure will help increase your confidence in our website and enhance your experience on the Internet. Please read our Privacy Policy to understand:

Information We Collect

You can visit our website without divulging any personally identifiable information including your email address. Our website does not collect personally identifiable information about individuals except when such individuals specifically provide such information on a voluntary basis, such as when registering at our website, requesting a brochure or video, emailing an itinerary or ebrochure or accessing our hotel booking application. Westmark uses such information collected primarily to provide better customer service to you, to improve and customize the content you see, to provide the products, services or membership benefits you request, and to contact you about special promotions and new products.

Site Use Information

Our web servers may collect the domain names of visitors to our site. This information may be aggregated to measure the number of visits, average time spent on the site, pages viewed, and so forth. Westmark may use this information to measure the use of our site and to improve the content we offer. We may share with third parties this experiential information or other data which does not personally identify visitors to our site. This might include preferences of all visitors to our site, for example.

Use of Cookies

Our website uses “cookies” to help personalize your online experience, such as recognizing your name when you revisit, as well as to assist us in marketing and advertising. A cookie is a text file that is anonymously placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies placed when you visit our site do not personally identify you, but they do allow us to monitor certain statistics which help us improve our services, such as how many site visitors view certain pages on our website or receive our advertisements when visiting other websites.

You also have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you will not be able to fully utilize the website.

Information You Provide to Us

You are not required to register in order to access our site. If you send us an email or register on our site we may collect information about you. Certain portions of our site are restricted to registered users or guests with confirmed bookings. Any information you provide is purely voluntary.

There are several areas on the site where you may provide personal information or will be required to register to obtain access to certain online services not available to anonymous visitors. These include My Profile, Reservations, RFP, Guest Rewards, Contact Us, or any of the places where you may email something from the website.

When you register on our site, you may be required to provide a user name and your email address and to select a password to be used to access your information. To access My Profile you may be required to use your user name and password. If you want to book rooms or other services through our site, you may be required to provide a name, address, and/or credit card number and expiration date.

When you register we collect information which may include your name, address, email address, your telephone number, dietary preferences, health requirements, and passport and credit card information (cardholder name, card number and expiration date) (“Web Profile Information”). This information may be shared with governmental agencies including Customs or the Department of Homeland Security, and with Westmark personnel. We may keep your credit card and passport information on file and on our servers to enable you to make future reservations.

You may also choose how you would like to receive information from us: by mail, email or telephone. If you send us an email or request information we will retain your email address and use it to respond to your inquiry. We may also use your email address to provide you with information about upcoming events, special offers, packages and other information about Westmark or Holland America Line.

By providing personal information through this site you explicitly agree to our collection and use of that information as described in this Privacy Policy. You agree that we may use the personal information you provide to respond to your inquiries, process orders, contact you regarding customer service, let you know about products or services which may be of interest to you or to personalize our service to meet your needs or preferences. This may involve sharing certain information with affiliated companies or third parties, for instance, if you require a wheelchair or have dietary preferences. You also agree that we may share your personal information with our affiliated companies and third parties as described in this Privacy Policy.

Child Privacy

Because of the nature of our business, our products and services are not designed to appeal to minors, and therefore we do not knowingly attempt to solicit or receive any information from children under 13. If we have reason to believe that information is being provided by a person under the age of 13 we will not collect the information.
Access to Your Web Profile Information

Access to Your Web Profile Information

You may, at any time, make changes or corrections to your Web Profile Information or preferences, or delete them, simply by visiting the My Profile section of the site. At any time, you may access your My Profile information to add, change or delete information by simply logging in to the My Profile section using your user name and password. You may also direct us to change or delete your information by fax, mail or email at the addresses and numbers provided below. You can direct us to delete your email address from our mailing list simply by following the instructions on any email you receive. We will act on your instructions promptly, but making changes or deleting information may two weeks or more to become effective.

Disclosing Information to Third Parties

We do not sell our subscribers’ information to third parties but we may share your information with our affiliated companies or with third parties. We will reveal personal information to unaffiliated third parties only if: (1) you request or authorize it; (2) the information is provided to help complete a transaction for you; (3) the information is provided to comply with the law, applicable regulations, governmental and quasi-governmental requests, court orders or subpoenas, to enforce our site’s Terms and Conditions or other agreements, or to protect our rights, property or safety or the rights, property or safety of our users or others (e.g., to a consumer reporting agency for fraud protection, etc.); (4) the disclosure is done as part of a purchase, transfer or sale of services or assets (e.g., in the event that substantially all of our assets are acquired by another party, customer information may be one of the transferred assets); (5) the information is provided to our agents, outside vendors or service providers to perform functions on our behalf (e.g., analyzing data, providing marketing assistance, providing customer service, processing orders, sending emails about our products or services, etc.); or (6) to others as described in this Privacy Policy. We may also gather aggregated data about you and disclose such aggregated (but not personally identifiable) information to third parties for promotional or other purposes.

Your California and Rhode Island Privacy Rights

Westmark may disclose your personal information to our affiliates or other third parties for their use in marketing to you unless you tell us not to. In order to opt out of such sharing or for further information, please write to us at Westmark Inc., Attn: Privacy Policy, 300 Elliott Avenue West, Seattle, WA 98119.

Security Procedures to Protect Information

Our site uses SSL (Secure Sockets Layer) security technology to encrypt information you provide to us through the Site, but any information you provide us by email is unencrypted. SSL is an industry-standard protocol for encryption over the internet. Data transmission over the internet is never 100% secure.

While we take steps to protect your personal information and keep it secure, you also play a role in protecting your information. You can help to maintain the security of your online transactions by not sharing your reservation number or password with anyone. Westmark cannot guaranty the security of any information you transmit to us or from our site, and therefore you use our site at your own risk.

Inapplicability of Privacy Policies of any Linked Sites or Other Parties

Westmark’s site may contain links to other sites such as our affiliates and third parties. This Privacy Policy only addresses Westmark’s use and disclosure of your information collected on this site, if any. While we try to link only to sites that share our standards and respect for privacy, we are not responsible for the privacy practices of any third parties or the content of linked sites, so we encourage you to read the applicable privacy policies and terms and conditions of such parties or web sites.

Changes to this Privacy Policy

We will occasionally amend this Privacy Policy to reflect company and customer feedback and we reserve the right to make changes to this Privacy Policy at any time. The use of your information is subject to the Privacy Policy and Terms of Use in effect at the time of use. The provisions contained in this Privacy Policy supersede all previous notices or policies regarding our privacy practices with respect to this site. We post the effective date of our Privacy Policy on our site. We encourage you to check our site frequently to see the current Privacy Policy to be informed of how Westmark is committed to protecting your information and providing you with improved content on our website in order to enhance your online cruise planning experience. If we make material changes to this Privacy Policy we will post the revised Privacy Policy and the revised effective date on this site.

Your Comments are Appreciated

If you have any questions or comments regarding our Privacy Policy or our website, you can contact us at Westmark, Attn: Privacy Policy, 300 Elliott Avenue West, Seattle, WA 98119; by facsimile at 206-284-8322 (Attn: Westmark Privacy Policy) or by email at generalcounsel@hollandamerica.com (noting Westmark Privacy Policy in the subject line). This site is owned and operated by Westmark Inc., which controls any information submitted through this site.

Effective Date: As of March 25, 2009

 


 

TERMS AND CONDITIONS FOR USING THE WESTMARK HOTELS WEB SITE

These are the terms and conditions under which we offer you access to our Web site (site). Please read them carefully. Additional terms and conditions may apply to reservations, purchases of goods and services, downloads from and other uses of portions of this site. Westmark Hotels (We/Us/Our(s)) reserves the right to revise these terms and conditions, and any other agreements, policies or terms incorporated by reference herein, and any other agreements, policies or terms incorporated by reference, at any time without notice. By using this site subsequent to the revision, you agree to be bound by such changes. Your use of our site will be considered to be your acceptance of these terms and conditions and any of the additional terms and conditions (collectively, Terms and Conditions). If you find the Terms and Conditions to be unacceptable, you must immediately terminate your use of our site.

1. OWNERSHIP

This site is owned and operated by Westmark Hotels, Inc. (Westmark), a Holland America Line company. All contents of this site are ©2001-2009 Westmark Hotels Inc., 300 Elliott Avenue West, Seattle, Washington 98119 (U.S.A.). All right, title and interest (including all copyrights, trademarks, and other intellectual property rights) in this Web site belong to Westmark and its affiliates, subsidiaries, successors or assigns. In addition, the names, images, and other indicia identifying our products and services are our proprietary marks. The trademarks owned by us are included in these Terms and Conditions. All other copyrights, trademarks, and other intellectual property rights referred to in this Web site belong to their respective owners.

2. LICENSE

2.1 Except as expressly provided in this section, nothing contained in this Web site shall be construed as conferring any license or right, expressly, by implication, by estoppel or otherwise, under any of our intellectual property rights, or under any third party’s intellectual property rights. No part of this Web site (including, without limitation, text, graphics, button icons, audio and video clips, digital downloads, data compilations or software) may be copied, reproduced, republished, uploaded, posted, modified, transmitted or distributed in any way, nor may any derivative works be made from materials on this site, without written authorization from Westmark. This prohibition extends to the use of any such material on any other Web site or computer network environment. It also means that you may not use any “robot,” “spider” or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the material found on this site, without the prior written authorization of Westmark.

2.2 Unless you are a travel agent or media company engaged in marketing Westmark’s services, you are hereby granted a nonexclusive, nontransferable, limited license to view, reproduce, print and distribute materials from this Web site, and/or download one copy of materials from this site onto any single computer. This license is limited to your personal, non-commercial home use only and is subject to your keeping intact all copyright and other proprietary notices.

3. DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY

The documents, graphics and images published at this Web site could include inaccuracies or typographical errors. Additionally, we reserve the right to modify the information contained in this Web site without notice. We make no commitment, however, to update the information contained in this Web site. We further do not accept responsibility for the function or malfunction of any software downloaded from this site. Consequently,

3.1 TO THE EXTENT PERMITTED BY LAW, THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.

3.2 THE MATERIALS ON THIS SITE MAY INCLUDE INACCURACIES, TYPOGRAPHICAL OR CLERICAL ERRORS.

3.3 TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WESTMARK AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

3.4 WESTMARK DOES NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE AVAILABLE IN ALL LOCATIONS, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

3.5 WESTMARK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, APPROPRIATENESS, OR OTHERWISE. YOU (AND NOT WESTMARK) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

3.6 UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR WILLFUL MISCONDUCT, SHALL WESTMARK, OUR OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE TO ANY PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, FOR EXAMPLE, FOR LOST PROFITS OR LOST OPPORTUNITY), THAT RESULT FROM YOUR USE OF, OR YOUR INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF WESTMARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. THE TERM “DAMAGES” INCLUDES WITHOUT LIMITATION, ATTORNEY FEES, ANY LOST PROFITS, BUSINESS INTERRUPTION, AND LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM. IN NO EVENT SHALL WESTMARK’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.

3.7 SINCE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES AND/OR THE EXCLUSION OF IMPLIED WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

3.8 THIS SITE MAY CONTAIN LINKS TO OTHER WEB SITES WHICH ARE COMPLETELY INDEPENDENT OF THIS WEB SITE. WE MAKE NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, COMPLETENESS, OR AUTHENTICITY OF THE INFORMATION OR OPINIONS CONTAINED IN ANY SUCH LINKED WEB SITE, AND ANY LINK TO ANOTHER WEB SITE SHALL NOT IN ANY MANNER BE CONSTRUED AS AN ENDORSEMENT BY US OF THAT WEB SITE, OR OF THE PRODUCTS OR SERVICES DESCRIBED OR THE OPINIONS OF THIRD PARTIES EXPRESSED THEREIN. WESTMARK IS NOT RESPONSIBLE OR LIABLE, WHETHER DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE, LOSS OR CLAIMS BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON ANY CONTENT, PRODUCTS, ADVERTISING, MATERIALS, SERVICES OR RESOURCES AVAILABLE ON OR THROUGH SUCH WEBSITES.

4. TRADEMARKS

Westmark or one of its affiliates owns all right, title and interest in and to all Westmark trademarks, service marks, logos and trade names included in this site including WESTMARK® and the Westmark design logo shown below. Unless authorized in writing by Westmark, you may not use any of these for any purpose.

5. PRIVACY POLICY

The site’s Privacy Policy is incorporated in these Terms and Conditions by this reference. You consent to the use of your personal information by Westmark and/or its third party providers and distributors in accordance with the terms of and for the purposes set forth in the Privacy Policy. Non-personal information you send or communicate to us, such as questions, comments or inquiries, will not be considered personal information and therefore will not be subject to our Privacy Policy. Accordingly, Westmark may use such non-personal information you supply to us, including, but not limited to, any inventions, ideas, concepts or know-how, without restriction or liability. You warrant to us that such information does not infringe any rights of any person under copyright, trade secret, defamation or any other laws. We reserve the right, in our sole discretion, to edit or delete any transmissions or postings, for any reason or no reason.

6. RESERVATIONS

If you are reserving travel on this site, you may only use the site to make legitimate reservations. Speculative, false or fraudulent reservations of any kind are prohibited.

Please familiarize yourself with the Westmark booking and cancellation policy.

Although Westmark seeks to verify the accuracy of information on this web site, mistakes may occur. Consequently, Westmark reserves the right to refuse or rescind any booking which Westmark concludes was made on the basis of erroneous or incorrect information on this web site (such as typographical errors or other mistakes as to specified pricing).

7. OTHER WEB SITES

There may be places on our site from which you may link to other Web sites that are operated by persons or companies other than Westmark. You should familiarize yourself with any terms, conditions and privacy policies of these other Web sites before using them. Westmark does not endorse any other Web sites nor do we assume any responsibility for their content or any liability as a consequence of your use of any other Web sites. Consequently, if you elect to access these other Web sites, you do so at your own risk.

8. LIMITATIONS ON USE

You may not post or transmit on or through this site any material that:

  • is unlawful, threatening, abusive, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane;
  • could constitute or encourage criminal conduct, give rise to civil liability or otherwise violate any law;
  • infringes the copyright or other intellectual property rights of any third party;
  • advertises or offers to sell any goods or services;
  • interferes with the proper working of this site;
  • would impose an abnormal burden or load on the site’s infrastructure; or
  • contains a bug, virus or other harmful item.

9. AGE CONSIDERATIONS

Westmark does not knowingly use this site to market products to, or solicit information from, people under the age of 18. Use of this site by people under age 18 should only occur with the consent of a parent or guardian.

10. INJUNCTIVE RELIEF

Any violation of these Terms and Conditions may cause irreparable damage to Westmark for which there may be no adequate remedy at law. Accordingly, you agree that Westmark will be entitled as a matter of right to an injunction issued by any court of competent jurisdiction restraining such violation or attempted violation of these Terms and Conditions by you. You agree that no bond or other security shall be required in connection with such injunction.

11. GOVERNING LAW IN CASE OF DISPUTE

This site is controlled and operated by Westmark from its offices within the State of Washington, United States of America. These terms shall be governed by and construed in accordance with the laws of the State of Washington, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Seattle, King County, Washington and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

12. SEVERABILITY

These Terms and Conditions incorporate by reference any notices contained on this Web site and constitute the entire agreement with respect to your access to and use of this Web site. Any provision of these Terms and Conditions which is determined by a court of competent jurisdiction to be unenforceable in any jurisdiction shall be severable from these Terms and Conditions in that jurisdiction without in any way invalidating the remaining provisions of these Terms and Conditions. The unenforceability of any provision in a given jurisdiction shall not make that provision unenforceable in any other jurisdiction.

13. MISCELLANEOUS TERMS

13.1 Your being permitted to use this site will not be construed as creating any joint venture, partnership, employment or agency relationship between you and Westmark.

13.2 In the event of litigation involving the use of this site, the prevailing party will be entitled to recover its reasonable attorneys’ fees and costs.

13.3 This is the entire agreement between you and us relating to the subject matter herein and cannot be modified except in writing, signed by both you and a corporate officer of Westmark.

13.4 These Terms and Conditions are effective until terminated by Westmark, for any reason, with or without notice. Upon termination, you must destroy all materials obtained from this site and all copies thereof, whether made under the terms of these terms or conditions or otherwise.

Westmark Web site Terms and Conditions.