THE ONSIDER | THE PLACE TO LAND

GENERAL TERMS & DISCLAIMER

Intro

This policy applies to all new, updated, and existing web content on the website www.theonsider.com including all the pages and their contents property of The Onsider BCN, S.L.

The present document has the purpose of establishing and regulating the terms of use as well as safeguarding the data on the website www.theonsider.com (referred to herein as the “Site”), and it is to be understood that under the term Site are included all the pages and their contents property of The Onsider BCN, S.L. (referred to herein as “The Onsider”) to which access is through the www.theonsider.com domain and its subdomains.

By means of the Site, The Onsider wishes to provide its clients with information services, apartment reservation services, as well as any other service that might be considered appropriate at any specific moment for the correct achievement of its corporate purpose.

Use of this website, as well as the use of the services that are made available to Users through the website, assumes acknowledgment of a full agreement, without exception, to all and every one of the following general conditions that are included in the present Legal Notice (referred to herein as the “General Conditions”), and therefore the User must be conscious of the importance of reading them every time he/she visits the Site. The fact of accessing this site signifies knowledge and acceptance of the following General Conditions, so The Onsider recommends the user prints or downloads them and reads them in detail every time the site is accessed.

General Information

This Site is property of The Onsider BCN, S.L., with address in c/ Airbau 306, 08006 Barcelona, Spain. NIF B65271405. Registered in the Merchants Registry of Barcelona.

What information about you do we collect?

The Onsider collects your information to operate effectively and provide you with the best experiences with our services. The specific kind of information collected will depend on the context of your interactions with The Onsider, and the services you use. The following are examples of the information that may be collected:

-Contact information (such as name, email address, mailing address, and phone number);

-Payment information (including payment card numbers, billing address, and bank account information);

-Demographic data (such as age, gender, country, and preferred language);

-Information related to your reservation, stay, or visit to a property (including the The Onsider apartments where you have stayed, date of arrival and departure, and goods and services purchased);

-Information necessary to fulfill your special requests and/or specific accommodations;

-Online account details, profile or password details and any frequent flyer or travel partner program affiliation;

-Copies of your correspondence if you contact us;

-Your interests and preferences;

-Information collected through the use of closed circuit television systems, card key and other security systems; and

-Information related to your use and interaction with our website.

We collect this information in a variety of ways, including:

Information you give ss: We receive and store information you enter on our website or give us in any other way, including, for example, when you stay as a guest at hotels managed by us. You decide how much information to share with us in most cases, but not sharing required information may limit your ability to engage in certain activities, such as payment information required to complete your reservation. If you submit any personal information relating to another person (e.g., if you make a reservation for another individual), you represent that you are authorised by that person to do so and to permit us to use the information in accordance with this Privacy Policy. You also represent that the information you provide is accurate.

Automatic Information: When you use or interact with our website and/or use any apps that we may make available on our website, we receive and store information generated by your activity and information automatically collected from your browser or mobile device. For example, like many websites, we obtain certain information when your web browser accesses our website including your IP address, browser type, operating system, mobile network data, pages viewed and access times. This information helps us to communicate with our customers and better understand them.

Security Systems: When you visit our managed properties, information may be collected about you through such properties’ closed circuit television systems, electronic key cards and other security systems.

Information from Other Sources: We may receive information about you from other sources, such as public databases, joint marketing partners, and other third parties. This may include information from your travel agent, airline, credit card, and other partners.

Age Limitations: The Onsider does not knowingly collect personally identifiable information from our websites from any person under the age of 18. The Onsider may collect personally identifiable information from people under the age of 18 as part of the guest registration process, but always with the consent of such person’s parent or guardian.

How do we use your information?

The Onsider collects your information to operate effectively and provide you with the best experiences with our services. The Onsider may collect, use, and disclose the information it collects for a variety of reasons, including for the following purposes:

Fulfillment of Reservation and Other Purchases: We may process information relating to transactions that you enter into with us and/or through our website (“transaction data”). The transaction data may be processed for the purpose of completing your room reservation, supplying the purchased goods and services, customizing our services to your preferences, seeking your feedback on your stay at our properties, and keeping proper records of those transactions.

Response to Inquiries: We may process information contained in or relating to any communication that you send to us (“correspondence data”). The correspondence data may include the communication content and metadata associated with the communication. The correspondence data may be processed for the purposes of communicating with you and record-keeping.

Internal Business Purposes: For our internal business purposes, such as data analysis, audits, developing new products, enhancing the website, improving our services, identifying usage trends and visiting patterns, determining the effectiveness of our promotions, and meeting contractual obligations.

Administrative and Other Communications: To send you important information regarding our website, changes to our terms, conditions, and policies, or other administrative information (e.g., information about your travel reservations, such as reservation confirmations).

Marketing and Promotions: To communicate news and promotions to you relating to The Onsider products and services and other products and services we think may be of interest to you, and to operate sweepstakes, contests, or other marketing or promotional activities.

Safety and Security: To maintain your safety and security as well as that of other guests and personnel, while you visit our managed apartments.

Our Legal Duties: To comply with legal and regulatory requirements or demands in accordance with applicable law, a court order, subpoena, or other legal process.

Additional Uses: We may also use your data other ways as described to you when you provide such information to us.

The legal basis for processing your personal information is made up of one or more of the following reasons: (i) your consent, and/or (ii) providing the services you have requested, and/or (iii) compliance with applicable laws, regulations, court orders or other legal process.

Use of the site

Acceptance of the present General Conditions means the User accepts to use the present Site and the services at his/her disposal within it in the way and manner established in the website itself. He/she is obligated not to use the present Site and its services for illicit means and/or ends contrary to the purposes established in these General Conditions that could harm the rights and/or the interests of a third party, or that may in any way damage the present Site or impinge its correct functioning or that of the services offered in it at the present moment or that may be offered in it in the future.

Web Site Domain. User responsibility

The web page www.theonsider.com is included in this Site. Access to this Site is under exclusive responsibility of the Users. Any risk derived from the use of the Site by the User will be only and exclusively his/her responsibility. The Onsider does not assume object of guarantee on its part for: (I) the infallibility, the availability, the continuity, the nonexistence of or deficiencies in the security of the Site; (II) that the content of the Site or the information that goes through the Site is free from viruses or free of any other harmful elements, as well as any errors, omissions or inaccuracies contained therein; (III) the security in the use that the User makes of the Site.

The Onsider will not be responsible for possible damages or harm that could arise from interferences, omissions, interruptions, computer viruses, telephone failures, or breakdowns in the operational functioning of this electronic system, whose causes are extraneous to The Onsider, of delays or blockages in the use of the present electronic system caused by deficiencies or overload in its Data Processing Center, in telephone lines, in the Internet system or any other electronic systems; nor of damages that can be caused by a third party through means of illicit intromissions beyond the control of The Onsider. Likewise, The Onisder is exonerated of any responsibility for any damage or harm that could come to the User as a consequence of errors, defects or omissions in the information facilitated by The Onsider whenever this information derives from external sources. Through this website you are able to link to other websites which are not under the control of The Onsider. The Onsider has no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

The mere fact of accessing this Site does not infer the establishment of any type of commercial relationship between The Onsider and the User.

Modification and update of information

The information that appears on this Site is that which is valid on the date of its last update. The Onsider reserves the right to update, modify or delete the information on this Site, as well as limiting or not allowing access to it.

The Onsider reserves the right to carry out, at any time, all the changes and modifications deemed convenient, and the right to carry out such actions at any time and without prior notice.

Content

The Onsider makes maximum efforts to avoid any errors in the content that may appear on this Site. The Onsider does not guarantee, neither holds itself responsible for, any consequences that could derive from errors in the content that may appear on this Site that are provided by third parties.

The Onsider does not hold itself responsible in any way for those contents, commercial activities, products and/or services included on the Site that are visible via electronic links (links), should there be and when there might be any, either directly or indirectly passing through this Site. The presence of links on the The Onsider Site, except when the contrary is specified, has only informative purposes and under no circumstance signifies a suggestion, invitation or recommendation of these links. These links do not indicate any type of relation between The Onsider and the companies or individual owners of the web sites to which users can access by means of these links. The Onsider reserves the right to unilaterally withdraw at any time and without prior notice the links that could appear on its Site.

The Onsider reserves the right to prevent or forbid access to the Site to any Internet user that introduces into this Site any content contrary to the legal norms or that is considered immoral, and reserves the right to exert any legal measures deemed appropriate to avoid this type of misuse.

Security, web surfing and access

The Onsider makes maximum efforts to ensure that website surfing is carried out under the best conditions and to avoid damages of any kind that could arise through doing it.

The Onsider does not do hold itself responsible for any damages of any kind that could arise to Users from the use of other browsers or different browser versions than those for which the Site has been designed.

The The Onsider Site has been certified, so that access to transaction services and those that include recording of personal data take place in a secure internet environment.

It does not hold itself responsible, neither does it guarantee, that access to this Site can be uninterrupted or that it is free of errors. Neither does it hold itself responsible for, or guarantee, that the contents or software that can be accessed through this Site, is free of errors or could cause damage. Under no circumstances will The Onsider be held responsible for any losses, damages or harm of any kind that may arise from access or use of the Site, including and not limited to those caused to computer systems or those caused by being infected by a virus. The Onsider does not hold itself responsible for any damages that could affect Users due to any inappropriate use of this Site. Specifically, it does not hold itself responsible in any way for any breakdowns, interruptions, flaws or defects in telecommunications that may occur.

The services offered on this Site can only be properly accessed if the technical specifications for which it has been designed have been fulfilled.

We implement reasonable administrative, organisational and technical safeguards and security measures to protect personal information within our control from unauthorized access, acquisition, disclosure, destruction or alteration, accidental loss, misuse or damage. We regularly review and monitor such safeguards and security measures.

Personal data protection

The Onsider informs Users of the Site that The Onsider respects the standing legislation regarding personal data protection and specifically Organic Law 15/1999, from December 13, on Personal Data Protection, as well as its rules and regulations, and for that purpose assumes the technical and organizational measures deemed necessary to avoid loss, erroneous use, alteration, unauthorized access and theft of the personal data provided, in this case, through the Site, taking into consideration technological conditions, the nature of the data and the risks to which it may be exposed.

By using The Onsider website, you expressly consent to the storage and use of your data described in this declaration. Your data will be used for the purposes described in detail below.

IP Addresses

IP addresses are required for problem diagnoses, website administration and demographic information. When you visit our site, we recognize only your domain name, but not your e-mail address. We only see your e-mail address if you directly give it to us by filling out a form or sending an e-mail.

User registration

Our site contains forms which you can fill out to request information. When you register, we will forward the information requested.

E-mail Addresses

If you provide us with your e-mail address, we will communicate with you via e-mail. We will not pass on your e-mail address to third parties outside of The Onsider. If you no longer wish to receive e-mails from us, you can cancel this at any time.

Links to Other Sites

Our website has links to other sites of third party providers. The Onsider is not responsible for the data protection measures or contents of other websites.

Opting out

If you no longer wish to receive e-mails from The Onsider, you can revoke the previously granted permission at any time. E-mail notification to info@theonsider.com suffices for removal from the e-mail list or web registration database.

How long will The Onsider keep your information?

To the extent permissible by applicable law, we will retain your personal information for such period as necessary to satisfy or to fulfill the following:

-the purposes for which that personal information was provided,

-an identifiable and ongoing business need, including record keeping,

-a specific legal or regulatory requirement, and/or

-a requirement to retain records that may be relevant to any notified regulatory investigations or active legal proceedings.

Where there is no sufficient justification to retain such personal information, such personal information will be safely and securely deleted, disposed of, anonymised and/or blocked.

Cookies

Access to this Site can involve the use of Cookies, both in its pages as well as in the linked pages or those referred to via links. Those Users that do not wish to receive Cookies or wish to be notified of their settings can configure their browser to such effect.

We use tracking tools like browser cookies and web beacons to collect information from you. We collect information about users over time when you use this website or any apps that we may make available on our website. We may have third parties collect personal information this way.

Google Analytics

This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. In case of activation of the IP anonymization, Google will truncate/anonymize the last octet of the IP address for Member States of the European Union as well as for other parties to the Agreement on the European Economic Area. Only in exceptional cases, the full IP address is sent to and shortened by Google servers in the USA. On behalf of the website provider Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage to the website provider. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser. However, please note that if you do this, you may not be able to use the full functionality of this website. Furthermore you can prevent Google’s collection and use of data (cookies and IP address) by downloading and installing the browser plug-in available under https://tools.google.com/dlpage/gaoptout?hl=en-GB.

You can refuse the use of Google Analytics by clicking on the following link. An opt-out cookie will be set on the computer, which prevents the future collection of your data when visiting this website: Disable Google Analytics

Further information concerning the terms and conditions of use and data privacy can be found at http://www.google.com/analytics/terms/gb.html or at https://www.google.de/intl/en_uk/policies/.

We utilize the remarketing function of Google to publish our advertisements. This allows us to display our advertisements within the Google Display network to just those Internet users that have visited our website. However, in order to utilize this function we have to use small text files called cookies. These are saved on your computer, but they do not contain any kind of personal information. These cookies are used by the Google Display network to deliver our advertisements to you in the form of text or image ads. You do have the possibility to deactivate cookies used for advertising purposes. This is possible with the help of the Ad Preference manager of Google or, alternatively, via the deactivation page of the Network Advertising Initiative. Further details can be found here: https://support.google.com/analytics/answer/2700409?ref_topic=2611283&hl=en-GB“

Social Media Plugins

The Onsider uses on its website Social Media Plug-Ins (“plugins”) of the social media networks Facebook, Google +, Pinterest and Twitter.

Copyright, Intellectual property

The Onsider declares that except when the contrary is indicated on the Site, the texts, images, illustrations, designs, icons, photographs, video segments, audio segments and any other materials that may appear on the Site and any other intellectual creations and/or inventions, or scientific or technical discoveries, whichever their business or industrial application might be (referred to collectively herein as the “Content”) have been created or invented by The Onsider or granted, licensed, transferred or authorized for their use by its owners and/or grantees.

The User promises not to suppress or alter any distinctive sign, text or image used on the Site, such as and not limited to, brands, commercial names (graphic, logos, etc.), the “copyright” and any other identification data regarding the rights of The Onsider and/or of third parties included in the Site.

The Onsider equally retains the property to all the rights of any works, inventions, discoveries, patents, ideas, concepts, updates and improvements related to the Site, its computer systems, applications and programs, or of the services that The Onsider offers and that are created, implemented, developed or executed for the first time by The Onsider, whether that should be by itself or with the help of the Site Users, in the development of or as a result of some design, development or any other task carried out in compliance with the Agreement.

The User will not be able to use either the name nor the brands, symbols, logos or distinctive signs of which The Onsider is the owner without express written consent.

Under the circumstance that any User or third party should consider that any of the existing content in the Site is in violation of intellectual property rights or any other copyright legislation, we kindly request that he/she informs us at the following address: The Onsider BCN, S.L., c/ Aribau 306, 08006 Barcelona, Spain.

Applicable law and jurisdiction

The Terms of Use found in the present Legal Agreement are governed by Spanish law. Both The Onsider and the Site Users agree that in the case of any discrepancy that may arise regarding the interpretation, fulfillment and/or execution of the present terms it will be specifically brought up under the jurisdiction of the Judges and competent Courts of the city of Barcelona, with explicit renunciation to any other jurisdiction that it could correspond to.

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