PENINSULA ESMERALDA TERMS AND CONDITIONS

The use, including visiting the www.PeninsulaEsmeralda.com website, implies the  total acceptance of the terms and conditions under which these services are  provided every time you access our site. We invite you to carefully read the Terms  and Conditions chapter to be aware of what you are accepting. 

The terms and conditions of these services may be changed at any time by  Peninsula Esmeralda, without the prior notification of the User. The user has  permanent access to the Terms and Conditions of using the services and is obliged  to read them every time they access our site. 

Your personal data will be processed by Peninsula Esmeralda until the consent is  withdrawn.  

  1. Definitions

PENINSULA ESMERALDA– the site is owned exclusively by Peninsula Costa Esmeralda 3 S.R.L., with its headquarters in Del Sol, Esquina Cuba, No. 51, Ap. 201,  Santiago, Dominican Republic, telephone: + 1/809/583 3079 

info@PeninsulaEsmeralda.com, organized under Dominican Republic law, UID: 1-31- 42933-5, Trade Register number 14057STI. 

SITE PeninsulaEsmeralda.com domain and its sub-domains. 

CONTENT – all information on the SITE that can be visited, viewed, or otherwise  accessed using digital equipment. 

– information about the products, services practiced by Peninsula Esmeralda in a  certain period.

– information related to the services practiced by a third party with whom  Peninsula Esmeralda has concluded partnership contracts, within a certain period. 

– data relating to Peninsula Esmeralda, or other privileged data thereof. USER – the natural person who accesses the CONTENT 

TERMS AND CONDITIONS – Terms and Conditions of use of the SITE. 

  1. General Aspects 

This policy establishes the terms and conditions of use of the Site / Content /  Service by the User. 

The use, including but not limited to accessing, visiting, and viewing the Content,  implies the adherence of the User to these terms and conditions. The user undertakes to constantly monitor the terms and conditions that can be updated,  modified, and completed.  

Access to the Content is made exclusively by accessing the public site available on  Peninsula Esmeralda. 

By using the Site / Content, the User is solely responsible for all activities arising  from its use. Also, they are liable for any material, intellectual, or electronic  damages, or of any other nature, inflicted on the Site, the Content, Peninsula Esmeralda, or any third party with which Peninsula Esmeralda has contracts, in  accordance with the Dominican Republic legislation in force. 

  1. Content 

3.1. The content, as defined in the preamble, including but not limited to logos,  stylized representations, commercial symbols, static images, dynamic images, text, and / or multimedia content presented on the Site, are the exclusive property of  Peninsula Esmeralda, and all rights obtained in this sense, directly or indirectly, are  reserved for Peninsula Esmeralda. 

3.2. The User is not allowed to copy, distribute, publish, transfer to third parties,  modify, and / or otherwise alter, use, link to, expose, or include any content in any  context other than the original one intended by Peninsula Esmeralda. Additionally, 

the User is not allowed to use or include any content outside of the Peninsula Esmeralda site, remove any logos protected by the copyright of Peninsula Esmeralda on the content, as well as participate in the transfer, sale, or distribution  of materials made by reproducing, modifying, or displaying the content, except  with the express consent of Peninsula Esmeralda. 

3.3. The User may copy, transfer, and / or use the content only for personal or  non-commercial purposes, as long as this does not conflict with the provisions of  the Terms and Conditions. 

3.4. If Peninsula Esmeralda grants the User the right to use a certain content, this  must be described in a separate use agreement. The User thus has or obtains  access to this agreed-upon content as a result of this agreement, a right which  extends only to that or those contents defined in the agreement. The User retains  this right only during its or these content’s existence on the site or in the period  defined in the agreement, according to the conditions defined. 

3.5. Any use of the Content for other purposes than those expressly permitted in  the Terms and Conditions or the accompanying usage agreement, if it exists, is  prohibited. 

  1. Contact

4.1. Peninsula Esmeralda publishes on the site the complete and correct  identification data for the User to contact them. 

4.2. By using the contact form or the service present on the site, the User automatically allows Peninsula Esmeralda to contact him by any available means  including electronic means. 

4.3. Filling in part or in full the contact form and sending it does not in any way  constitute a commitment from Peninsula Esmeralda to contact the User. 

4.4. Accessing the Site, using the information presented within it, visiting the pages, or sending e-mails addressed to Peninsula Esmeralda is done electronically, by  telephone, or any other means of communication available to the User. By doing so, the User agrees to receive notifications from Peninsula Esmeralda through electronic means and / or through telephone, including communications by e-mail  or by ads on the site. 

4.5. Peninsula Esmeralda reserves the right not to answer all requests of any kind,  received through any means of communication (electronic, telephone, personal,  etc.). 

  1. Privacy policy 

5.1. Peninsula Esmeralda collects, based on the voluntary provision of the data  subject, personal data. The types of data collected depends on the nature of the  way the site visitor or User wishes to interact with www.PeninsulaEsmeralda.com. Thus, to be able to be contacted by Peninsula Esmeralda for any questions or  information regarding Peninsula Esmeralda, the first name, last name and e-mail  address of the User are collected. 

5.2. Peninsula Esmeralda may unintentionally collect other data that does not lead  to the unique identification of the data subject (time of visit, place of access, name  and version of Internet browser, operating system, and other technical parameters)  provided by the Internet browser through which the site is accessed. This  information may be used by Peninsula Esmeralda to improve the services offered to  its Users. 

5.3. Peninsula Esmeralda may unintentionally collect information that may lead to  the identification of visitors to www.PeninsulaEsmeralda.com such as the IP  address. Peninsula Esmeralda will not use such information to identify site  visitors/Users and will not make such information public, other than under the  conditions described in this Privacy Policy. 

5.4. The site www.PeninsulaEsmeralda.com is affiliated with Facebook. Blocking the  upload of all cookies will also lead to blocking these communications from  Facebook or partners. 

5.5. Peninsula Esmeralda will process the personal data of Users for the following  purposes and legal grounds: based on the consent of the User of the site, for  contacting them, to provide information on Peninsula Esmeralda activities or  information, or at their voluntary request.

5.6. By visiting the site, each User has expressed their consent that Peninsula Esmeralda will process their personal data, in accordance with the purposes stated  in this Privacy Policy. This is in compliance with the provisions of Law No. 172-13 on  the Protection of Personal Data enacted December 13, 2013 (DPL) and with the  national provisions in force. 

5.7. Peninsula Esmeralda processes the data legally, fairly, and transparently. Data  processing is performed for specified, explicit, and legitimate purposes. Data  processing is adequate and limited, only in relation to the necessity of achieving the  purpose for which they were collected. Personal data will only be retained for the  period necessary to fulfill the purposes for which they are processed, and the  processing will be carried out in an appropriate manner to ensure the security and  integrity of the data. No data transfer will take place without appropriate  precautions. 

5.8. Peninsula Esmeralda implements the organizational and security measures  needed for protection against unauthorized access, use, alteration, or destruction  of personal data in accordance with the international and national legal provisions  in force. To protect the information collected for the purposes mentioned by the  User, Peninsula Esmeralda uses Secure Sockets Layer (SSL) certification. 

5.9. Peninsula Esmeralda will not disclose personal data collected through the  website www.PeninsulaEsmeralda.com, except for authorized employees and  partners, meaning authorized persons to whom this data is required to be given to  process on behalf of Peninsula Esmeralda, or if the disclosure obligation is a legal  obligation of Peninsula Esmeralda or its employees or partners. Peninsula Esmeralda, together with its collaborators (authorized persons), assumes the  responsibility of implementing appropriate technical and organizational measures  regarding the confidentiality protection and security of personal data. 

5.10 Peninsula Esmeralda will never ask you to: share your account details like user  ID, password or personal information related to it; share your PIN code or card  expiry date over the SMS/email or any chats ; move money from an account to  another account. 

5.11. Each User has, as the data subject, the following rights in relation to Peninsula Esmeralda, as a personal data operator:

5.11.1. The right of access means the right of the User to obtain a confirmation  from Peninsula Esmeralda that the personal data concerning the person in  question are processed or not and, if so, access to the respective data and  information can be obtained regarding how data is processed. 

5.11.2. The right to data portability refers to the right to receive personal data  in a structured, commonly used, and automatically readable format, as well  as to the right to have this data transmitted directly to another operator, but  only if this is feasible from a technical standpoint. 

5.11.3. The right of opposition refers to the right of the User to oppose the  processing of personal data when the processing is necessary for the  performance of a task that serves a public interest or when considering a  legitimate interest of the operator.  

5.11.4. The right to rectification refers to the correction, without undue delay,  of inaccurate personal data.  

5.11.5. The right to delete the data (“the right to be forgotten”) means the  right of the User to request the deletion of personal data, without undue  delay, if one of the following reasons applies: they are no longer required for  fulfilling the purposes for which they were collected or processed; the person concerned decides to withdraw their consent and there is no other  legal basis for the processing; the person concerned opposes the processing  and there are no legitimate reasons to prevail; personal data were processed  illegally; personal data must be deleted in order to comply with a legal  obligation; personal data were collected in connection with the provision of  information society services. 

5.11.6. The right to restrict the processing can be exercised if the User challenges the accuracy of the data processed by Peninsula Esmeralda,  during a period that allows the correctness of the data to be verified;  processing is illegal, and the person in question opposes the deletion of  personal data, requesting instead the restriction; in the case that Peninsula Esmeralda no longer needs the personal data for the purpose of processing,  but the person in question requests them for finding, exercising, or  defending a right in court; if the person has objected to the processing for the period of time in which it is verified that the legitimate rights of  Peninsula Esmeralda prevail over those belonging to the User. 

When the rights stipulated in the Law No. 172-13 on the Protection of Personal Data  enacted December 13, 2013 (DPL) were violated, any data subject has the possibility  to address the Dominican Republic Data Protection Authority by filing a complaint. 

5.12. For the exercise of the rights according to art. 6.11, the User will address  Peninsula Esmeralda by e-mail, sent to info@PeninsulaEsmeralda.com.  

5.13. The personal data provided by completing the contact form or requesting  information processed by Peninsula Esmeralda are retained for a period of 1 year from the moment of collection. 

5.14. Peninsula Esmeralda does not promote SPAM, forcing the collected data of the User to be used only in accordance with the stated purposes and not to be made public, to sell, rent, license, transfer, etc. the database containing information  concerning the personal or special data of the User of any third party not involved  in the fulfillment of the stated purposes. 

5.15. Exception from the provisions of art. 5.13. include situations in which the  transfer / access / visualization / etc. is requested by the authorized bodies in the  cases provided by the regulations in force at the time of the event. 

5.16. If Peninsula Esmeralda considers that a change of confidentiality rules is  necessary, it will publish the respective changes to inform the data subjects about  the changes in collected information and the way of using it.

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