Guest Data Sample Clauses

Guest Data. Manager shall maintain and use best commercially reasonable efforts to keep confidential any and all Guest profiles, records, mailing lists, contact information, histories and other information obtained or collected by Manager in the ordinary course of the business of the Manager and/or its management of the Property in accordance with this Agreement, including (but not limited to) information regarding a Guest’s stay at the Property or use of any of the

Guest Data. Vistana shall only use Guest Data (whether in sales, marketing or otherwise) in a manner which complies with the terms of this Agreement, contractual restrictions on Starwood and its Affiliates that have been communicated in writing to Vistana, all Applicable Law and the Standards and Policies, including with respect to the destruction of certain personal data about Individuals (including information that is stored on systems and databases containing Guest Data) upon expiration or termination of this Agreement and under certain other circumstances. Vistana shall not knowingly take any action that could reasonably jeopardize the ability of Starwood or any of its Affiliates to comply with, or make certifications under, Applicable Law, such contractual restrictions, and the Standards and Policies. To the extent required for Starwood and its Affiliates to meet its legal obligations, Vistana agrees to participate in Starwood data privacy programs and execute any required regulatory agreements. As between Starwood and Vistana, Guest Data shall remain at all times the property of Starwood and its Affiliates; provided that during the Term (and any Tail Period), Vistana may use Guest Data in accordance with this Section 14.2. Vistana’s use of Guest Data constitutes Vistana’s acceptance of the Standards and Policies governing such use, including Starwood’s information management, privacy, spamming and security policies. Vistana shall not create any copies of Guest Data other than Vistana Data without Starwood’s prior approval. Vistana shall notify Starwood immediately if it becomes aware of any breach of the Standards and Policies concerning information management, privacy, spamming or security policies, including, without limitation, those policies concerning Guest Data.

Guest Data. Subject to any Applicable Laws regarding privacy and the sharing of such information, and subject to obtaining the prior approval of Owner and Hotel Operator (which approval may be granted or withheld in each such party’s sole discretion), during the Term, Manager may utilize such Hotel Guest Data approved by Owner and Hotel Operator for use solely in connection with the operation of the Venues and solely in compliance with the confidentiality provisions of the Hotel Management Agreement and all limitations as may be set by Owner and/or Hotel Operator in connection with any such use. Subject to the foregoing limitation on the use of Hotel Guest Data, Manager or its Affiliates have developed and may develop in the future its or their own informational records and/or database encompassing the same or similar information as Hotel Guest Data, provided such information is independently derived by or on behalf of Manager from guests or users of the Venues (“Manager Guest Data”). Manager and its Affiliates may use Manager Guest Data in connection with the business operated at the Venues or other business ventures.

Guest Data. 5.5.1 At Closing, Seller shall provide New Property Owner with the Guest Data in the format attached in Exhibit F. Buyer, for itself and on behalf of its Affiliates (including New Property Owner for the periods after the Closing): (a) acknowledges and agrees that Seller and its Affiliates shall be co-owners of the Guest Data; and (b) disclaims any right, title or interest in or to any other guest data or information in the possession or control of Seller or any of its Affiliates.

Guest Data. Owner recognizes the exclusive right of ownership of Manager and its Affiliates to all Guest Data. Owner hereby disclaims any right or interest therein, regardless of any legal protection afforded thereto. Owner agrees that throughout the Term and in collection of Guest Data, Manager or one of its Affiliates (other than Owner) shall host and retain the database(s) relating to customers’ activities at not only the Casino but also the Manager Operated Areas to the extent in any way related to or otherwise beneficial to Manager in operating the Casino, such database(s) to include, but not be limited to, customer information gathered in connection with any Casino player loyalty program card or successor player or guest rewards program. In furtherance of the foregoing, Manager and/or one or more of its Affiliates (other than Owner) shall own and be exclusively entitled to use any and all Guest Data gathered by Manager or its Affiliates in connection with the operation of the Casino and/or or any other casino located in any Other Managed Resorts or otherwise. For the avoidance of doubt, upon the expiration or early termination of this Agreement, all Guest Data shall remain in the possession of, and shall be owned by, Manager; provided, however, Manager shall provide to Owner a copy of the PH Guest Data, to the extent permitted under Applicable Law.

Guest Data. Manager shall maintain and use best commercially reasonable efforts to keep confidential any and all Guest profiles, records, mailing lists, contact information, histories and other information obtained or collected by Manager in the ordinary course of the business of the Manager and/or its management of the Property in accordance with this Agreement, including (but not limited to) information regarding a Guest’s stay at the Property or use of any of the facilities of the Property and tenant’s preferences (collectively, the “Guest Data”). To the extent any Guest Data is also Personal Data, Manager shall maintain all Personal Data in compliance with Data Protection Laws. Notwithstanding anything to the contrary, Manager and Owner shall co-own all Guest Data and each agrees to provide the other with a perpetual and irrevocable license to use such data for unrelated business purposes as long as such use remains in compliance with this agreement as well as any applicable laws and regulations.

Guest Data. (a) In its first year, the Marketing Committee will develop a strategy for collecting marketing opt-ins and if necessary, managing opt-outs, for Trips. The intent is to collect all opt-ins for both Parties for Guests and Prospects on the Business Website. For the avoidance of doubt, NGP has no obligation to collect opt-ins separately for the Co-Brand as part of its overall NGP/Disney opt-in process on the NGP site. Licensee shall include affirmative opt-ins for all Guests in which the Guests agree that the specific data indicated in the opt-in may be shared by both Licensee and Disney for (i) the purposes indicated and (ii) marketing purposes. Licensee alone is responsible for ensuring that the Business Website and any opt-ins comply with Applicable Law. Licensee shall only share the specific data points requested by Disney and shall never share any payment card or bank payment information with Disney. (i) Once the Marketing Committee develops an opt-in strategy and opt-out management process in accordance with each Party’s privacy policy and Applicable Law, each Party will develop appropriate operational procedures to share opted-in data on a regular basis. To the extent there are changes in Applicable Law that may impact the Parties’ goals in collection and sharing of Guest data, the Parties shall work together creatively and collaboratively to achieve the goals in this Agreement while continuing to be in compliance with Applicable Law. (ii) In the event of notice of termination of this Agreement, the Marketing Committee will immediately develop a plan to unwind any such opt-in strategy and develop a new approach that does not include the sharing of Guest data for uses in conjunction with any products Licensee develops to sell without the Co-Brand. For the avoidance of doubt, any Prospects or bookings for the Co-Brand shall continue to have the opt-in for both brands. (iii) Each Party has the right to use the data in accordance with its own privacy policy stated at the time the permission is collected. (iv) Licensee will send operational emails to all Prospects and Guests regardless of marketing opt-in status.