Privacy Policy and Data Notice on Processing of Personal Data

LAST UPDATED: 11 SEPTEMBER 2020

We are respect the privacy of every individual who visits our Properties and/or uses any of our websites.This Privacy Policy applies to personal data that:

  • is provided to us when you stay with us (or make enquiries to stay with us) either by you or by a third party through whom you have made an enquiry or booking;
  • we collect from you when you visit any of Profoto websites or which we obtain from any communications with you.
The following sections of this Privacy Policy describe the types of personal data we collect, how and for what purposes we use that personal data, with whom we share it, and the choices and rights available to you regarding our use of your personal data. We also describe the measures we take to protect the security of the personal data we hold and how to contact us about our privacy practices, and to exercise your rights.

Personal data you provide on a voluntary basis
We will collect, store and process information about you if you voluntarily provide us with such information in connection with the following:
  • filling in a form on any of our websites;
  • filling in a physical registration card;
  • opting in to receive marketing information with us;
  • creating an on-line account with us and managing your preferences;
  • contacting us by telephone or face to face (e.g. in the context of making a booking);
  • sending us a letter, e-mail or social media message;
  • subscribing to receive a service from us (e.g. a newsletter, blog or by following us on social media);
  • requesting promotional information from us (e.g. information about any of our goods or services including Profoto gift cards);
  • participating in a survey, competition or prize draw;
  • or contributing content to us (e.g. for display on a Profoto blog).
The types of information we may obtain include:
  • passport data, payment data;
  • purchase or delivery of products or services;
  • reviews and opinions about our brands, products and services;
  • information we receive about you from any third parties through whom you have booked your arrangements;
  • and information we receive about you from other members of the Profoto (which may include information relating, details of payments made to us, special requests and other information relating to your personal preferences).
‘Special category’ personal data
We do not collect data which is, by its nature, particularly sensitive (e.g. genetic data, biometric data, data revealing racial or ethnic origin, political opinions, sex life, sexual orientation, religion or other beliefs, data concerning health, criminal background or trade union membership) unless it is volunteered by you.

We may use certain sensitive (or “special category”) personal data where you have given your explicit consent to us doing so, to better serve and meet your needs. Such sensitive data is only shared with other members of the Profoto or our third party service providers acting as data processors for the purpose of providing the services you request and will not be shared or used by us for any other purposes.

Examples of sensitive personal data we may collect and process include:
  • food allergies;
  • dietary requirements which may imply or suggest your religion, health or other sensitive personal data;
  • mobility requirements;
  • disabilities;
  • and medical conditions.
Our Right to Use Your Content
We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it. As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Site and any Other Media the right to access Your Content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Profoto and its users any claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.

Restrictions
You agree not to, and will not assist, encourage, or enable others to use the Site to:
    • Violate our Community Guidelines, for example, by writing a fake or defamatory review, trading reviews with other businesses, or compensating someone or being compensated to write or remove a review;
    • Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
    • Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
    • Promote a business or other commercial venture or event, or otherwise use the Site for commercial purposes, except as expressly permitted by Profoto;
    • Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Site's search results or any third party website;
    • Solicit personal information from minors, or submit or transmit pornography;
    • or Violate any applicable law.

      You also agree not to, and will not assist, encourage, or enable others to:
  • Violate the Terms;
  • Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by Profoto;
  • Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Site or any Site Content;
  • on any portion of the Site or on any materials printed or copied from the Site;
  • Record, process, or mine information about other users;
  • Access, retrieve or index any portion of the Site for purposes of constructing or populating a searchable database of business reviews;
  • Reformat or frame any portion of the Site;
  • Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Gravy's technology
  • infrastructure or otherwise make excessive traffic demands of the Site;
  • Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means;
  • Use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses");
  • Use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site;
  • Use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content;
  • or Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.

    The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days' prior written notice to us at This email address is being protected from spambots. You need JavaScript enabled to view it., together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.

    Personal data we collect automatically
    When you visit a Profoto website, we may also collect certain data through the use of “cookies” and other automated means. Cookies are small pieces of data that are stored by your browser on your computer's hard drive. Such data may comprise the following data:
    • date and time;
    • originating IP address;
    • domain name;
    • type of browser and operating system used (if provided by the browser);
    • URL of the referring page (if provided by the browser);
    • object requested;
    • completion status of the request;
    • geographic location;
    • or language preferences.

    Your rights
    We will only send you marketing communications if you “opted in” to receiving such communications. You have the right to “opt out” of receiving marketing communications, whether by email or otherwise, at any time.

    How we protect your personal data
    We maintain administrative, technical and physical safeguards designed to protect the personal data you provide against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. Service providers and contractors who might have access to your data in order to provide services on our behalf will be contractually obliged to keep such data in confidence, provide adequate data security measures, and may not use that data for any other purpose.
    For your own protection, we encourage you not to include sensitive personal data, credit card or similar personal data in any e-mails you send us or our staff.

    Links to other websites
    Our websites may provide links to other websites for your convenience and information. These websites operate independently from us. Linked websites may have their own privacy policies, which we strongly suggest you review. To the extent that any linked websites you visit are not owned or controlled by us, we are not responsible for the websites’ content, any use of the websites, or the privacy practices of the websites.

    Cookies
    A “cookie” is an element of data that a website can send to your browser which may then be stored on your system. We use cookies to gather data about the visitors to our websites (as they enable us to improve our websites and deliver a better and more personalised service). We do not associate the data in a website visitor’s cookie with any other data about that visitor.

    The cookies we use on our websites, where you have accepted their use, are:
Cookie Name Function
ARPT Ensures that the user stays on the same server throughout their visit, ensuring consistent functionality throughout a visit. This cookie is destroyed at the end of the user’s visit
JSESSIONID Ensures that the user’s session is maintained and works in conjunction with ARRPT to ensure consistent functionality throughout a visit. This cookie is destroyed at the end of the user’s visit
newsletter_subscribed Ensures that when a user signs up to our newsletter they will not see the layer a second time
sifrFetch Allows use of flash to improve display of text (if the user's browser supports it). This cookie is destroyed at the end of the user’s visit
user_countrycode
lounge_user_countrycode
user_lang_pref

These three cookies allow us to keep track of the users' geographic location and language preferences in order to display them relevant targeted and localised content as applicable.
user_campaign
user_creative
user_placement
internal_user_campaign
internal_user_creative
internal_user_placement

These cookies allow us to identify which of our marketing campaigns or internal promotions a user has been directed from/measure the effectiveness of campaigns/promotions.
user_id
lounge_user_id

These cookies allow us to identify the user and customise their experience. They also allow us to pre-populate fields in tables with your data, assisting with form entry.

In addition, the following are the third party cookies in use, where you have accepted their use (which are each subject to their own privacy and cookie policies).

Guidelines and policies
Community Guidelines
You represent that you have read and understood our Community Guidelines.
Privacy
You represent that you have read and understood our Privacy Policy. Note that we may disclose information about you to third parties if we have a good faith belief that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms and Privacy Policy; (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; or (iv) protect our rights, reputation, and property, or that of our users, affiliates, or the public. If you use the Site outside of the Kazakhstan, you consent to having your personal data transferred to and processed in the Kazakhstan.

Copyright and Trademark Disputes
Please contact us at This email address is being protected from spambots. You need JavaScript enabled to view it. for information about copyright and trademark disputes.

Suggestions and improvements
By sending us any ideas, suggestions, documents, or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Profoto and its users any claims and assertions of any moral rights contained in such Feedback.

Third parties
The Site may include links to other websites or applications (each, a "Third Party Site"). We do not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk. Some of the services made available through the Site may be subject to additional third party or open source licensing terms and disclosures.

Indemnity
You agree to indemnify, defend, and hold Profoto, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the "Profoto") harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Site, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the Site, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Profoto reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Profoto. Profoto will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Updates to our Privacy Policy
This Privacy Policy may be updated periodically and without prior notice to you to reflect changes in our processing of your personal data and privacy practices. We will post a prominent notice on each of Profoto websites to notify you of any significant changes to our Privacy Policy and indicate at the top of the Privacy Policy when it was most recently updated.

 

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