AGREEMENT BETWEEN CUSTOMER AND EATON WORKSHOP ("EATON"), ITS PARENT, SUBSIDIARIES, AFFILIATES, ALL THE MEMBER HOTELS UNDER THE MANAGEMENT/OPERATION /CONTROL OF EATON AND EATON’S LICENSEES.

This Web site is offered to you, the customer, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this Web site by your visiting this Web site constitutes your agreement to all such terms, conditions, and notices and you are thereby bound by all such terms, conditions and notices.

This Web site is for your personal perusal and search for information purposes only. You are not permitted to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, digital assets, software, products or services found on, or obtained or derived from, this Web site.

All contents of this website are: Copyright © 2022 Eaton Workshop. All rights reserved. Eaton, Eaton House, and Eaton Workshop branded websites logo are registered trademarks or trademarks of Eaton Workshop. Other product and company names mentioned herein may be the trademarks of their respective owners.

Eaton Workshop’s branded websites may contain or reference trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes or other intellectual property or proprietary rights of Eaton Workshop and/or other parties. No license to or right in any such trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes and other intellectual property or proprietary rights of Eaton and/or other parties is granted to or conferred upon you.

The materials found on this website are provided purely on "as is" basis without any warranty, representation, condition, undertaking or term of any kind, express or implied, statutory or otherwise, including but without limitation to the warranties of merchantability, non-infringement of intellectual property, or fitness for a particular purpose. Eaton its parent, subsidiaries, affiliates and the member hotels under its management or operation or control and its licensees do not warrant the correctness or accuracy or completeness of any information, text, graphics, links or any other items or anything else contained in the materials. Eaton, or its parent, subsidiaries, affiliates or the member hotels under its management or operation or control or its licensees may make changes to the materials, or the programs, policies or other information described in any of the materials, at any time without notice. Eaton, its parent, subsidiaries, affiliates and the member hotels under its management or operation or control and its licensees make no commitment to update the materials. Eaton, its parent, subsidiaries, affiliates or the member hotels under its management or operation or control or its licensees shall not be liable for typographical or data transmission errors or technical inaccuracies in the materials, including but not limited to errors relating to hotel rates and available dates.

In no event shall Eaton, its parent, subsidiaries, affiliates or the member hotels under its management or operation or control or its licensees be liable for any special, indirect or consequential damage or any damage whatsoever, including but not limited to the loss of profits or data, whether in an action in contract or tort or otherwise, arising out of the use or performance of this Web site, even if Eaton, or its parent, subsidiaries, affiliates or the member hotels under its management or operation or control or its licensees has/have been advised of the possibility of such damage.

As a condition of your use of this Web site, you warrant that you will not use this Web site for any purpose that is illegal or unlawful or prohibited by these terms, conditions, and notices or the laws of the Hong Kong Special Administrative Region.

Please note that our site may provide links to other sites not operated by Eaton or its parent, subsidiaries, affiliates or the member hotels under its management or operation or control or its licensees and that the privacy policies of those sites may differ from ours. We advise you to check the privacy policies of other Web sites before disclosing any personal information. In any event, please note that those sites do not share your personal information with us. Eaton, its parent, subsidiaries, affiliates or the member hotels under its management or operation or control or its licensees shall not be responsible for any of the contents of those sites and any links we may offer does not imply endorsement of the material on such Web sites or any association with their operators.

Occasionally when linking to another site, you may still see our site's logo, frame, look and feel or page template. This is to provide you with a seamless experience when visiting our Web site. In these cases, you are no longer on our site and are now on a different Web site whose information collection practices may differ from ours. The privacy policy of the site you are on will govern how information collected from you is used. You can always know what site you are on by checking the location bar within your browser.

Notwithstanding anything in such site, Eaton, its parent, subsidiaries, affiliates or the member hotels under its management or operation or control or its licensees shall not be liable for any of the contents of such site.

Eaton, or its parent, subsidiaries, affiliates or the member hotels under its management or operation or control or its licensees may at any time in its sole discretion modify the terms of access to this Site without prior notice to or consent of you. Your continued use of the Site following any such modification, shall be deemed acceptance of such modification and you are thereby bound by all such modification.

This Agreement shall be governed and interpreted in all respects by the laws of the Government of the Hong Kong Special Administrative Region (SAR), exclusive of the choice of law rules thereof. The Courts/ Tribunals of the Hong Kong Special Administrative Region shall have the non-exclusive jurisdiction over any difference or dispute arising out of this Agreement in any respect and shall also have the non-exclusive jurisdiction over any claim or enforcement of this Agreement in any respect. Notwithstanding the aforesaid, Eaton, its parent, subsidiaries, affiliates or the member hotels under its management or operation or control or its licensees shall have the right to submit any such difference or dispute or claim or enforcement to any other jurisdiction. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior oral and written agreements. No failure or delay on the part of Eaton, or its parent, subsidiaries, affiliates or the member hotels under its management or operation or control or its licensees in exercising any right or remedy hereunder or enforcing the terms and conditions of this Agreement will operate as a waiver thereof. If any part or provision of this Agreement is found to be invalid, unenforceable or void, then the remaining portion shall remain in full force and effect. Headings are for convenience only and not for use in interpretation of this Agreement.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Eaton or its parent, subsidiaries, affiliates or the member hotels under its management or operation or control or its licensees or any other member of the Eaton Hospitality Group companies as a result of this Agreement or use of this Web site.

Fictitious names of companies, products, people, characters, and/or data mentioned herein are not intended to represent any real individual, company, product, or event.

Any rights not expressly granted herein are reserved.

The reservations feature of this Web site is provided solely to assist customers in determining the availability of travel-related goods and services and to make legitimate reservations and for no other purposes. You warrant that you are at least 18 years of age and possess the legal authority to enter into this Agreement and to use this Web site in accordance with all terms and conditions herein. You agree to be financially responsible for all of your use of this Web site (as well as for use of your account by others, including without limitation minors living with you). You agree to supervise all usage by minors of this Web site under your name or account. You also warrant that all information supplied by you or members of your household in using this Web site is true and accurate and without limitation, or any false or fraudulent reservation. You agree that the reservations of any of the facilities of this Web site shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act. You understand that overuse or abuse or misuse of the reservation facilities of this Web site may result in your being denied access to such facilities.

For any reservations or other services for which fees may be charged, you agree to abide by the terms or conditions of purchase imposed, including but not limited to payment of all amounts when due and compliance with all rules and restrictions regarding availability of rates, products, or services. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this Web site.

Currency rates are based on publicly available sources and should be used as guidelines only. Room rates are guaranteed only in hotel's local currency. Currency quotes are not updated every day. The currency information supplied by this Web site is believed to be accurate, but Eaton, its parent, subsidiaries, affiliates, the member hotels under its management or operation or control and its licensees do not warrant or guarantee such accuracy.

We respect the privacy of all our customers and business partners and treat personal information (personal data) provided by you to us as confidential. We know that you are concerned how information about you is collected, processed, used and stored, and we appreciate you trusting that we will do so with every due care and diligence.

We have provided this Privacy Policy as an explanation of the information we collect, how we process and use it, and how the use of this information can benefit your experience on our web sites and products and services we provide.

1. What information about you do we collect

In order for us to operate effectively and provide you with the best experiences with our services, we may request and collect information about you, whether as hotel guests, loyalty programme members, web site visitors or you contacting us for any other purposes, that includes personal information that can identify you as an individual.

Your personal information can come to us via various channels, including but not limited to:

• when you browse and interact with our website and/or use any mobile apps that we may make available -  such as make a booking via our Online Reservation system, make an inquiry, sign up for newsletter subscription or make brochure requests or download and use our mobile apps
• through your use of our products and services – such as when you stay as a guest or visits the hotels, restaurants or facilities managed by us
• when you submit enquiries to us or provide us with your feedback
• when you participate in our promotional offers, competitions or surveys
• as a member of our loyalty programmes or when your friend refer you to our programmes
• from third parties – such as partners we work with or public databases – where you have provided your consent to the third party or to us to that information sharing taking place or where we have a legitimate interest to use the personal information in order to provide you with our products and services

The types of personal information that we collect and process may include, but not be limited to (and may vary by jurisdiction):

• personal details, such as your name, gender, date of birth, nationality, passport and visa information, personal and work contact details (addresses, emails and telephone numbers)  
• payment and credit card information, such as bank accounts, name of cardholder, credit card number, credit card billing address and expiry date
• guest stay information and lifestyle information, such as hotels where you have stayed, arrival and departure dates, room preferences, leisure activities, names and ages of children, observation of your services preference, and other information necessary to fulfil special requests
• information, feedback or content you provide regarding your interests and preferences
• loyalty program member information, online account details, profile or password details
• information from our security systems such as from our closed circuit television system, card key, internet login and firewalls
• information relating to your use and interaction with our website and mobile apps

Some of the personal information which you provide to us are considered “sensitive personal information” under the privacy and data protection laws in specific jurisdiction – such as personal information from which we can determine or infer an individual’s racial or ethnic origin, health or biometric data. We only process sensitive personal information in such jurisdiction if and to the extent permitted or required by applicable law.

Except where required by local laws, we do not knowingly collect personal information from our websites from any children or minors. As a parent or legal guardian, please do not allow your children or minors to submit personal information without your permission.

We may also collect non-personally identifiable information about you, such as internet log information or visitor behavior patterns when you visit our websites on your use of our websites, communication preferences, travel habits, aggregated data relative to your stays, and responses to promotional offers and surveys. Please also refer to our Cookies policy.

2. How we process and use your information

We may collect, process and/or use the personal information which we collect in order to:

• deliver our products and services to you – such as completing your reservations, sending you reservation confirmations, supplying the purchased goods and services, registering you for program membership, fulfilling a request for information, customizing our services to your preferences, earning and redeeming rewards, keeping proper records of your transactions with us
• communicate and provide marketing and promotion to you – such as sending you information and updates on our products and services and other products and services that we think may be of interests to you, including latest promotions, competitions, joint- and cross promotions with our business partners, response to enquiries, to send you important information regarding our website, changes to our terms, conditions and policies
• develop and improve our services to you – such as performing market research, analytics and/or profiling, developing new products and services, improve the effectiveness of our website, your hotel experience, our various types of communications, advertising campaigns, and promotional activities
• work and cooperate with third party parties to deliver our products and services to you – such as travel agents, group travel organization, or anyone involved in the process of making your travel arrangements, credit card companies, airline operators and third-party loyalty programs
• maintain your safety and security as well as that of other guests and personnel – such as to make proper identification and verification in processing of transaction, implement security surveillance and access controls when you visit or stay at our hotels, and administer general record keeping
• meet applicable legal and regulatory requirements
• use it in other ways as required or permitted by law or with your consent 

We will only collect, process and/or use the personal information where we are satisfied that we have an appropriate legal basis to do so. This may be because (i) you have provided your consent, (ii) our use of information is necessary for providing the products and/or services you have requested, (iii) our use of your information is in our legitimate interest as a commercial organization, such as to operate and improve our services (including for profiling and targeted advertising) and in a way proportionate and respects your privacy rights, and/or (iv) necessary compliance with applicable laws, regulations, court orders or other legal process.

3. Keeping and safeguarding of personal information

To the extent permissible by applicable law, we generally only keep your information for as long as is reasonably required for:

• the purposes for which that personal information was provided
• ongoing business need, including record keeping, fraud prevention, or if we reasonably believe there is a prospect of litigation
• as necessary to meet legal, regulatory, tax or accounting needs

We take reasonable steps to safely and securely delete, dispose of, anonymize and/or block personal information when we no longer need it.

Information security: We endeavor to protect your personal information we maintain and have implemented reasonable technical, organizational and administrative measures to keep your personal information safe and secure and to protect it against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. We will review, monitor and update these security measures to meet our business needs, changes in technology and regulatory requirements.

Information transfer overseas: We do business globally. In order for us to operate effectively and provide you with the best experiences with our services, we may centralize certain aspects of our information processing activities and may have databases in different countries (some of which are operated by our local group company and some of which are operated by third parties on our behalf). We may therefore have to share and transfer your personal information from one country to another, or even across multiple jurisdictions, such as:

• in or to Hong Kong where our corporate office is located
• in those countries in which we manage and operate hotels, residences, sales or representative offices
• in those countries where our third-party suppliers and/or services providers, agents, advisors or consultants are located

Your personal information may therefore be subject to privacy laws that are different from those in the country where the personal information is collected or those in your country of residences. We will endeavor that the transfer of your personal information is carried out in accordance with applicable privacy laws and that appropriate technical, organization and administrative measures are in place for its safeguard.

Information sharing: Insofar as reasonably necessary for us in delivering our products and services to you and for the purposes set out in this Privacy Policy, we may share your personal information with the below parties. The specific kind of information we share will depend on your activities with us and only to the extent as required or permitted by law, and/or with your consent.

• Our group entities, hotels and residences managed and operated by us
• Our business partners and third parties involved in the delivery of our products and services to you – including those involved in a sale of all or part of our business operations or assets and those for business, operational and general administration
• Our marketing and advertisement partners
• Third party services providers which process data (including personal information) for us, based on our instructions and in compliance with our Privacy Policy and any other appropriate confidentiality and security measures
• Our agents, advisors, consultants, other third-party suppliers and/or services providers to assist us to operate effectively and provide you with the best experiences with our services
• Other third parties when we have your consent or are otherwise permitted by law to do so

Information processing by third parties: Like most international hotel brands, we may outsource the processing of certain functions and/or information to third parties, which may be located in countries other than the country where your information is collected or your country of residences. We may also engage market research firms to assist us in contacting our guests for the purpose of market research and quality assurance. When we do outsource the processing of your personal information to third parties or provide your personal information to third-party services providers, we oblige those third parties to protect your personal information with appropriate security measures.

4. You control your personal information

You may always choose what personal information (if any) you wish to provide to us. Please note, however, some of our products and services to you may be affected if you choose not to provide certain details, for example, we cannot reply to you without a name or contact details.

If you provide us with your contact details (e.g. postal address, email address, telephone number or fax number), we may contact you to let you know about the products, services, promotions and events offered that we think you may be interested in. You can always choose whether or not to receive any or all of these communications by contacting us as described in Section 6 below.  In addition to you agreeing to this Privacy Policy, we may also ask you to give us a separate consent before we send you with this information or indicate how you would like to receive any communication (e.g. via email or regular mail). After you have indicated your preferences, you can always change them.

You may be aware that the European Union General Data Protection Regulation gives certain rights to individuals in relation to their personal information - including the right of access to the personal information we hold about them, right of rectification, right to erasure, right to restrict data processing, right to object to processing, right to data portability, right to complain to a supervisory authority, and right to withdraw consent.

If you wish to exercise any of your rights in relation to your personal information, please contact us as described in Section 6 below.

5. Other relevant information

Cookies: To enhance your experience on our web site, some of our web pages may use "cookies." Cookies are text files that we place in your computer's browser to store your preferences. Cookies, by themselves, do not tell us your e-mail address or other personally-identifiable information unless you choose to provide this information to us by, for example, registering for one of our services. However, once you choose to furnish the site with your personal information, this information may be linked to the data stored in the cookie. We use cookies to understand site usage and to improve the content and offerings on our sites. For example, we may use cookies to personalize your experience at our web pages (such as to recognize you by name when you return to our site), save your username and/or password in password-protected areas, and to offer you products, programs, or services. Please refer to our Cookies Policy.

Links to other websites:  For your convenience and information, we provide links to external third-party websites, including web sites owned or controlled by independent franchisees, third party owners of hotel, resort, interval ownership, or residence properties that may use our brand name(s), or web sites not controlled or authorized by us. The linking of external third-party websites to this website does not indicate any association with or endorsement from us. We cannot always ensure, and are not responsible or liable for, any content of these external third-party websites, including, but not limited to, any advertising claims or marketing practices. Please note this Privacy Policy is limited to our own information collection practices. We strongly recommend that you read the separate privacy and security policies and the information collection practices of any external third-party website before providing any personal information while accessing those websites.

6. How to contact us

For any questions, concerns or requests regarding this Privacy Policy or our information collection practices, please contact us by email at privacy@eatonworkshop.com or by post to Eaton Workshop, 1201 K St NW, Washington DC, 20005.

7. About this Privacy Policy

This Privacy Policy is in accordance with the relevant laws of the Hong Kong Special Administrative Region but may be applied to personal information processing activities globally. The processing activities may be more limited in some jurisdictions due to the restrictions of their laws. For example, the laws of a particular country may limit the types of personal information we can collect or the manner in which we process that personal information. In those instances, we may adjust our internal policies and/or practices to adapt to the requirements of local law.

This Privacy Policy is effective from 25 May 2018. From time to time, we may have to update, change, modify or amend this Privacy Policy. Subject to any applicable legal requirements to provide additional notice, when we make material changes to this Privacy Policy, we will provide you with notice as appropriate under the circumstances such as through our website or by sending you an email. 

“We”, “us”, “ourselves” and “our Group” refers to Eaton Workshop and its affiliates directly involved in the group’s management and operations of properties around the world, including hotels, residences, outlets, local management entities and sales offices in the following jurisdictions: Australia, Hong Kong Special Administrative Region, Indonesia, Mainland China, Middle East, New Zealand, Singapore, Thailand, United Kingdom, and United States of America.

Legal Disclaimer

In addition to our rights of disclosure as mentioned hereinabove, we may also disclose your personal information when required by law or court order, or as requested by other government or law enforcement authorities, or in the good faith that disclosure is otherwise necessary or advisable including and without limitation to protect the rights or properties of our Group. This also applies when, in compliance with applicable laws, we have reason to believe that disclosing the personal information is necessary to identify, contact or bring legal action against someone who may be causing interference with our rights or properties, whether intentionally or otherwise, or when anyone else could be harmed by such activities.

Contents

The information and material contained in this site are for general references only. Our Group disclaims any warranty or representation of any kind, express or implied, as to any matter whatsoever relating to this site or any linked site. To the fullest extent allowed by law, our Group shall accept no responsibility or liability in respect of any loss or damage howsoever arising.

Use of or visit this site does not constitute any binding contract over any goods and services provided by our Group, nor does it constitute an offer of any goods and services provided by our Group. Goods and services may only be available in certain countries and any offer to purchase goods or to retain services from our Group are subject to acceptance by our Group and in accordance with specific terms and conditions on which they are offered.