Copyright © 1998-2020 Aspire Lifestyles
TERMS AND CONDITIONS OF USE
Please read these terms and conditions carefully before using this Website ('website' or 'Site'). Your use of this website signifies your acceptance of these terms and conditions.
You must review this page periodically to review the Terms and Conditions because they govern your use of this website and are binding upon you. Aspire Lifestyles and its affiliates (collectively “Aspire Lifestyles Group”) may modify these Terms and Conditions at any time at its discretion by updating this posting.
Purpose of Website
This site, as well as the contents of this site, including all information, text, graphics, images, hyperlinks and other material including user contributions (the “Materials”), are for general informational purposes regarding the use of our concierge services.
User Name, Password and Security
If a user name or password applies, you are responsible for maintaining the confidentiality of your user name and password, and you are solely responsible for all activities that occur under your user name and password. You agree to immediately notify us of any unauthorized use of your user name and Password or any other breach of security related to the site. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR USERNAME AND/OR PASSWORD, OR TO OTHERWISE COMPLY WITH THIS SECTION.
In order to ensure that we are able to provide high quality services that are responsive to customer needs, our employees or affiliates may need to access your accounts and records on a case by case basis to process transactions and investigate complaints or other allegations or abuse. We shall not disclose the existence or occurrence of such an investigation unless required by law.
Aspire Lifestyles and/or its suppliers, partners and clients own and retain the copyrights in the materials found in the Aspire Lifestyles website. Unless otherwise specified, no one has permission to copy or republish, in any form, any information found on the Aspire Lifestyles website. No material from this site or any website owned, operated, licensed or controlled by Aspire Lifestyles may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.
Links to Other Sites
This website may contain links to other websites, which are provided solely as a convenience to you and not as an endorsement by Aspire Lifestyles of the contents of such other websites. Aspire Lifestyles is not responsible for the content of any other websites and does not make any representations or warranties regarding any other websites or the contents or materials on such websites. If you decide to access other websites, you do so at your own risk. WE DO NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION, CONTENT, COMMUNICATIONS, SERVICES, GOODS OR OTHER MATERIALS AVAILABLE IN THIRD PARTY CONTENT OR ON SUCH THIRD PARTY LINKED SITES OR FOR ANY CHANGES OR UPDATES TO SUCH CONTENT OR SITES. Links or content on the App are not intended to be referrals to, or endorsements of, any Third party Content or Linked Sites or the entities that operate them, and such content or links are provided for convenience only.
This website and all of the information it contains, are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions do not allow the exclusion of implied warranties so the above exclusion may not apply to you.
Information on this website could include technical inaccuracies or typographical errors. Changes may be periodically made to the information or the products herein.
Limitation of Liabilities
IN NO EVENT WILL WE, OR ANY OF OUR PARTNERS, PROVIDERS, AFFILIATES, INCLUDING THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, RELIANCE, COMPENSATORY, OR PUNITIVE DAMAGES OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE, THE SERVICES AVAILABLE ON THE WEBSITE, ANY WEBSITES LINKED TO THE WEBSITE, THE MATERIALS OR INFORMATION CONTAINED ON THE WEBSITE OR THE FOREGOING LIMITATIONS OF LIABILITY CONSTITUTE A FUNDAMENTAL BASIS OF THIS TOU AND WE WOULD NOT HAVE PERMITTED YOU TO USE THE WEBSITE OR THE SERVICES ABSENT SUCH LIMITATIONS.
In the event that this limitation of liability is unenforceable, the total liability of the companies within the Aspire Lifestyles Group, their affiliates, parent company, and partners and clients, including their respective directors, officer, employees, representatives or agents, including any third parties mentioned at this website, shall be limited to the amount of the charges paid by the claimant for the access of the website in the twelve months preceding the claim or the amount of USD $10,000 in the aggregate, whichever is the lesser.
As a user of the Services or the Website, you agree to use the Services and the Website only for lawful purposes. Use of the Services or the Website for transmission, distribution, retrieval or storage of any information, data, or other material in violation of any applicable law or regulation is prohibited. You also agree not to use the Services or the Website to:
- Use or transmit any material protected by copyright, trademark, trade secret, patent, or other intellectual property right without proper authorization;
- Harass others by "mail-bombing" or "news-bombing";
- Threaten, harass, defame, embarrass or distress any other person or group;
- Distribute computer viruses, worms, or any software intended to damage or alter a computer system without the owner's consent;
- Use "auto-responders," "cancel-bots," or other similar mechanisms that generate excessive network traffic;
- Post or send any unlawful, harmful, defamatory, libelous, pornographic, obscene, vulgar or similarly tortuous or otherwise objectionable material;
- Post, send or relay any unsolicited advertising;
- Post or send any chain letters or pyramid schemes;
- Post or send any fraudulent or misleading offers of products, items, loans, or other services;
- Post any misleading, inaccurate or fraudulent information;
- Post any junk emails;
- Post any duplicative or unsolicited messages;
- Harvest or otherwise collect information about others, including email addresses, without their consent;
- Create a false identity or forged email address or header or otherwise attempt to mislead others as to the identity of the sender or the origin of the message; or
- Attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Website through login password mining or any other means.
Proprietary Rights and Software
You acknowledge and agree that the Service and any Aspire software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface or telephone access numbers that may be provided by Aspire for use in accessing the Service.
The trademarks appearing on the Website, including those of Aspire, are the property of their respective owners. Aspire's or its partner's trademarks may be used only with the express written permission of Aspire or its partner, as applicable. The design and layout of the Website, and all other sites owned, operated, licensed, or controlled by Aspire or its partner or affiliates are protected as trade dress and may not be copied or imitated in whole or in part. No logo, graphic, sound, image, or animation from the Website may be copied or retransmitted unless expressly permitted by Aspire. Other product and company names mentioned on the Website may be the trademarks of their respective owners.
All materials on the Website are copyrighted and are protected under state and federal law, as well as international treaties and the copyright laws of other countries. Our materials may not be reproduced, copied, distributed, adapted, displayed, edited, published, transmitted, or downloaded in any way without our express written permission except that you may download one copy of the Content for your personal, non-commercial use, provided that all copyright and proprietary notice are displayed on such downloaded content. All rights not expressly granted herein are reserved by Aspire. If you are aware of any copyright violations on the site, please contact DPO@aspirelifestyles.com.
Confidential or Proprietary Information
Unless otherwise specified, the materials in this website are presented solely for the purpose of promoting Aspire Lifestyles services. Aspire Lifestyles makes no representation that materials or products depicted in the site are appropriate or available in all locations. These Terms and Conditions shall be governed by and construed in accordance with the laws of Virginia without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties
All notices to a party shall be in writing or electronic communication and shall be made either via email or U.S. mail. Notice shall be deemed given 24 hours after an email that is not returned to the sender is sent, or 7 days after deposit in the U.S. mail, to you at the address provided by you upon registration and to Aspire at the address set forth below:
Aspire Lifestyles (Americas), Inc.
Attn: Data Protection Officer
515 King St #410
Alexandria, Virginia 22314
If any provision(s) of the TOU is found to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Our failure to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. The TOU constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the TOU will be effective only if unambiguously made in writing and signed by US.
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Effective Date: May 7, 2020
Copyright © 1998-2020
Aspire Lifestyles and its affiliates (collectively "Aspire Lifestyles Group") (collectively, "Aspire", "we", "us", or "our") respect your privacy.
This Privacy Notice applies to our privacy practices pertaining to Personal Information in the context of the Concierge Service (“the Service”) and Website (the "Site"). We are committed to safeguarding our customers’ personal data and Privacy Notice is intended to give you information on how Aspire Lifestyles collects and processes your personal data, why and how we collect such data, how we use and safeguard that information, and what choices you have, including how to access and update or delete your information. Information is collected through your use of this website, or by you sharing personal data with us when you call our concierge service to make a request.
This Privacy Notice does not cover the collection and use of your Personal Information by third parties on the Site, other non-Aspire branded websites or applications, by your Card issuers (e.g. your bank), or any other information or communications that may reference Aspire outside the Site services except as otherwise provided herein.
This privacy statement is provided in a layered format so you can review the specific areas set out below:
- Personal Information We May Collect
- How We May Use Your Personal Information
- How We Share Your Personal Information
- Your Rights and Choices
- How We Protect Your Personal Information
- Data Transfers
- Features and Links to Other Websites
- Updates to This Privacy Notice
- How to Contact Us
1. Personal Information We Collect
In connection with your use of the Site and Services, we may collect certain Personal Information such as your email address, mobile phone number, the location information you provide, information about your mobile device and your Site usage data. We collect Personal Information about you from the following sources: (i) directly from you through the Site feedback function; and (ii) through your mobile phone such as mobile device identifiers like the IMEI number, MAC address, and IP address. We may also receive your geo-location information if you consent to our use of GPS or geo-location services within the Site.
2. How We May Use Your Personal Information
We may use the Personal Information we obtain about you:
- Where you have given us consent to fulfill Concierge requests submitted by you through the Sites or by calling our Concierge;
- To provide customer service and respond to your inquiries in relation to your use of the Site or Services, and to notify you about any changes to our service;
- Provide, administer and communicate with you about products, services and promotions (including contests, sweepstakes, programs and other offers), including the display of customized content and advertising;
- Operate, evaluate and improve our business (including by developing new products and services; managing our communications; determining the effectiveness of our advertising; analyzing our products, services and websites; facilitating the functionality of our websites; and assisting third parties in the provision of products or services that you request from third parties);
- Administer, support, improve, optimize and develop the Site or Services;
- Monitor the use of and improve our interactive assets;
- Perform data analyses to determine, among other measurements, business performance, number of registrants, channels, transaction spend and site performance;
- Perform auditing, research and analysis in order to maintain, protect and improve our services;
- Use your information on an aggregated basis (not personally identifiable) to do such things as operate our site, enhance our site and deliver messages. We may disclose aggregated information about our users but that information contains no Personal Information.
We may also use your Personal Information to notify you of the latest services and our exciting new offers if you have either requested marketing communications from us, or consented to receive marketing communications such as the Concierge Service newsletter. You may opt out from receiving marketing communications at any time by following the procedure to 'unsubscribe' that is specified in any marketing email that you receive.
Where we need to collect personal data, and you fail to provide that data when requested, we may not be able to fulfil your request or enquiries and provide our services (for example, to provide you with our Concierge services) or provide you with any support you are seeking from us. In this case, we will notify you if this is the case at the time
3. When We Share Your Personal Information
Aspire does not sell or otherwise disclose Personal Information we collect about you, except as described herein or otherwise disclosed to you at the time the data is collected to fulfill your Concierge service requests.
We may disclose your Personal Information about you to your issuing bank, if applicable, and its service providers in connection with the Concierge service for the purpose of addressing your requests and/or inquiries.
We may share your Personal Information any member of our group of companies (which includes any of our subsidiaries).
We also may share your Personal Information with our service providers who perform services on our behalf. We do not authorize these service providers to use or disclose such data except as necessary to perform certain services on our behalf or comply with legal requirements. We require these service providers by contract to appropriately safeguard the privacy and security of Personal Information they process on our behalf.
We also may disclose your Personal Information about you (i) if we are required to do so by law or legal process, (ii) to law enforcement authorities or other government officials, or (iii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual fraudulent or illegal activity.
We also reserve the right to transfer your Personal Information in the event we sell or transfer all or a portion of our business or assets. Should such a sale or transfer occur, we will use reasonable efforts to direct the transferee to use Personal Information you have provided to us in a manner that is consistent with this Privacy Notice. Following such a sale or transfer, you may contact the entity to which we transferred your personal information with any inquiries concerning the processing of that information.
We use a feature of your browser called a "cookie" to assign a unique number that automatically identifies your computer when you visit the site.
A cookie is a piece of data stored on your hard drive containing information about you. For instance, by setting a cookie on our site, you would not have to log in a password more than once, thereby saving time while on our site. If you reject the cookie, you may still use our site.
The only drawback to this is that you will be limited in some areas of our site, or may have to enter passwords or identifying information more than once. We may collect Personal Information from you at other points on our site that state that Personal Information is being collected. In the event of a complaint, we may also receive Personal Information about you from other users or third parties who may communicate information to us about you in relation to that complaint.
5. Your Rights and Choices
Subject to applicable law, you have the right to request access to and receive information about the Personal Information we maintain about you, to update and correct inaccuracies in your Personal Information, and have the information blocked or deleted, as appropriate. The right to access Personal Information may be limited in some circumstances by local law. To update your preferences, ask us to remove your Personal Information or submit an access request, please contact us as specified below under Section 11 "How to Contact Us".
You may choose not to provide Personal Information to Aspire. However, if you do not provide Personal Information when requested, you may not be able to benefit from the full functionality of the Site and/or we may not be able to provide you with relevant information, products and/or services.
6. How We Protect Personal Information
We restrict access to Personal Information about you to those employees who need to know that information to provide products or services to you. We maintain reasonable administrative, technical and physical safeguards that comply with state and federal regulations to protect the Personal Information we have about you. We also take measures to destroy or permanently de-identify personal information when there is no longer a business need to keep the information. The types of measures we take vary with the type of information, and how it is collected and stored. Unfortunately, no data transmission can be guaranteed to be 100% secure. Thus, while we strive to protect your Personal Information, we cannot ensure or warrant the security of any data transmission.
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
7. Data Transfers
We may transfer Personal Information to countries other than the country in which the data was originally collected. These countries may not have the same data protection laws as the country in which you initially provided the information. When we transfer your Personal Information to other countries, we will protect that information as described in this Privacy Notice.
Aspire Lifestyles is a global business. To offer our services, we may need to transfer your personal information among several countries, including the United States. We comply with applicable legal requirements providing adequate safeguards for the transfer of personal information to countries outside of the European Economic Area or Switzerland.
8. Data Retention
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, any legitimate administrative or operational purposes, your requirements, or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in connection with our relationship with you. To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of your personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
When it is no longer necessary to retain your personal data, we will securely delete or in some circumstances we may anonymize your personal data (so that it can no longer be linked with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
9. Features and Links to Other Websites
Within our Site, you may choose to use certain features for which we partner with other entities, or click on links to other websites or applications for your convenience and information. These features, which may include social networking and geographic location tools, and other websites, may operate independently from Aspire Lifestyles. They may have their own privacy notices or policies, which we strongly suggest you review. To the extent any features or linked websites you visit are not owned or operated by Aspire Lifestyles, we are not responsible for any content or use of the third parties' sites or applications, or the privacy practices of such sites or applications.
10. Updates to This Privacy Notice
This Privacy Notice may be updated periodically and without prior notice to you to reflect changes in our Personal Information practices. We will post a prominent notice on the Site to notify you of any significant changes to our Privacy Notice and indicate at the top of the notice when it was most recently updated. Your continued use of the Site subsequent to any changes to the Privacy Notice (as notified on our website) constitutes your acceptance of the changes. Please review our Privacy Notice on our websites periodically to ensure that you are aware of any changes or updates.
11. How to Contact Us
All notices to a party shall be in writing or electronic communication and shall be made either via email or U.S. mail. Notice shall be deemed given 24 hours after an electronic communication that is not returned to the sender is sent, or 7 days after deposit in the U.S. mail, to you at the address provided by you upon registration and to Aspire at the address set forth below:
Aspire Lifestyles (Americas), Inc.
Attn: Data Protection Officer
515 King St #410
Alexandria, Virginia 22314
|You may contact us using the Concierge Service contact number associated with your program, or by calling the Concierge Service phone number listed on the back of your credit card (if applicable).
12. California Privacy Rights.
If you are a California resident, under the California Consumer Privacy Act (“CCPA”) after January 1, 2020, you may request up to two times in any twelve month period (1) that we disclose how we collect and use Personal Information as it relates to you, the categories of Personal Information we collect, the categories of sources we collect it from, and the categories of any third parties to whom we sell or disclose the Personal Information, (2) the specific pieces of Personal Information we collected about you during the prior 12 months; (3) to have such Personal Information deleted (with some exceptions), and (4) that your Personal Information not be sold or disclosed to third parties (although not disclosing it to our third-party providers means you will not be able to use portions of the services). We agree that we will not discriminate against you if you exercise any of these rights.
We may need to collect information from you in order to verify your identity, and then we will respond within 30 days, or other legally mandated time frame, of receiving your Personal Information Request.
13. Changes to This Statement.
Aspire Lifestyles reserves the right to change this policy at any time by notifying users through its website, or other means, of the existence of a new privacy statement prior to the change becoming effective. This statement and the policies outlined herein are not intended to and do not create any contractual or other legal rights. We encourage you to periodically review this page for the latest information on our privacy practices.
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