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Intellectual Property Notice

Revised as of July 31, 2014

Mark Propco, LLC ("MP") and/or its affiliates, service providers, vendors, contractors, sponsors, advertisers, licensors and/or licensees are the exclusive owners or licensees of all content, designs, photographs, text, images and other original works of authorship comprising or displayed on this website, and of all related intellectual property rights, including all copyrights, moral rights, trademark rights, trade dress rights, rights of publicity and patent rights therein or thereto.  All trademarks, service marks and trade names of MP used on or in connection with this website or the services provided by MP are the exclusive property of MP.  Such materials may not be copied, reproduced, transmitted, displayed, performed, distributed, licensed, altered, or otherwise used in whole or in part in any manner without MP's prior written consent, except as otherwise permitted by law.  All trade names, trademarks and service marks not owned or licensed by MP that appear on this website are the property of their respective owners.

This website may provide links or references to third party websites, such as www.tripadvisor.com ("Third Party Material").  MP assumes no responsibility or liability for the content of such Third Party Material.

 
 
 
 
Privacy Policy

 

Revised as of July 31, 2014

Mark Propco, LLC ("MP," "we," "us" or "our") has created this Privacy Policy (the "Privacy Policy") to explain why we collect particular information, how we use it, and to whom and under what circumstances we may disclose it.

In order to fully understand your rights, we encourage you to read this Privacy Policy, which is effective as of the date set forth above. This Privacy Policy applies to all personal information we collect from and about you, including on our website located at www.themarkhotel.com (the "Website"), in our hotel and residential facilities, at our restaurant or bar, in our meeting rooms, by phone, by mail, by email or otherwise when you visit the Website, or purchase, rent, lease, occupy, use, pay for, reserve or inquire about any goods or services offered by MP (the "Services"). Except as explicitly provided herein, this Privacy Policy does not apply to the practices of entities that we do not own or control, or to people that we do not employ or manage.

Your privacy is important to us. Because we want to demonstrate our commitment to your privacy, this Privacy Policy notifies you of:

  1. 1. What personally identifiable information of yours we collect 
  2. 2. Who collects such information
  3. 3. How such information is used
  4. 4. With whom we may share your information 
  5. 5. What choices you have regarding collection, use and distribution of your information
  6. 6. What kind of security procedures are in place to protect the loss, misuse or alteration of information under our control

 

Questions regarding this Privacy Policy should be directed to MP by emailing privacy@themarkhotel.com.

Your Consent

By accessing any part of the Website or using the Services, you consent to and agree with this Privacy Policy. This Privacy Policy is part of the Terms and Conditions of Use governing your use of the Website and the Services. Any dispute over privacy is subject to this Privacy Policy and our Terms and Conditions of Use. Please read the Terms and Conditions of Use. If you do not agree with any part of this Privacy Policy, please do not use the Website or the Services.

MP may change or revise this Privacy Policy at any time, for any or no reason, at our sole discretion, without notice, simply by posting such changes or revisions on this page. Any such change will be effective immediately upon posting. Your continued use of the Website or the Services signifies your acceptance of any such change or revision. For this reason, please visit this page on a regular basis to ensure that you are familiar with the most recent version of this Privacy Policy and the Terms and Conditions of Use. MP's use of information is subject to the Privacy Policy in effect at the time that it uses such information.

What information do we collect?

When a reservation is made by or on behalf of a guest or potential guest, we create a guest profile that includes information such as name, mailing address, e-mail address, phone number, credit card or other payment account information, children's names, dietary restrictions, requirements relating to physical disabilities, and special occasion information ("Guest Profile"). We may also collection information from or about you when you (or someone on your behalf) submit an inquiry on our Website; create a profile with Preferred Hotels & Resorts ("Preferred Profile") make a purchase or sign up for Services at an MP facility; buy or lease a residence; occupy or pay for a hotel room; fill out a form and submit it to us in any manner; complete a survey for us; participate in a contest or other promotion sponsored by us or on our behalf; contact us; or otherwise use the Website or the Services, or provide information to us.

The personal information that you provide must be true, accurate and complete, and all reservation, registration and account details (where applicable) must contain your real name, address and other requested information. You are responsible for keeping your information current and accurate. We may combine information we collect from and about you online with information we collect from and about you through other means. We may also combine your information with information we learn about you from other sources, such as account update notifications.

Please note that if you terminate your use of the Services or delete your Preferred Profile, we may retain your information indefinitely for the purpose of recordkeeping, account management and fraud prevention activities.

In some instances, we may ask for contact information for people other than yourself, including, for example, In Case of Emergency contact information, an e-mail address of a friend to whom you send a link to the Website, or the address of someone you wish us to notify about the Services. The information we collect is used to send the notification or information you request and/or to inform the recipient of updates and opportunities. Such contact information is not shared with any other organizations, other than as provided in this Privacy Policy.

Our Website is not set up to track, collect or distribute personal information not entered by visitors. However, our Website does log certain non-identifying Website usage data, such as the number of visits to our Website. We may also collect information about the Internet protocol (IP) address used to connect your computer to the Internet; connection information such as browser type and version, operating system and platform; other software and hardware information; and information about your browsing behavior, such as the date/time you visit the Website, the Website pages that you visit, the time you spend visiting the Website or viewing a page, the number of times you return to the Website, and other click-stream data. We may also use, or hire outside vendors to use, third party website analytics tools (such as Omniture, Google or JavaScript) that collect information about visitor traffic on our Website and any mobile applications. This information is used for internal purposes by MP to provide better technical support and may also be provided to others for support, marketing, research or other business purposes. We treat all information of the type referenced in this paragraph as non-personal, unless required by applicable law to do otherwise. Additionally, any unsolicited information that you provide to us shall be deemed to be non-confidential, and we shall be free to reproduce, use, disclose and distribute such unsolicited information to others without limitation or attribution.

What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:

  • • To respond to your requests for Services and to keep you informed of updates about your reservation 
  • • To personalize your experience with the Website or the Services
  • • To improve the Website and the Services
  • • To improve customer service
  • • To process transactions
  • • To provide you with targeted offers, promotions and advertisements
  • • To send periodic emails
  • • To protect your rights, our rights and the rights of others
If you create an account with MP, you may be automatically included in our mailing list, and may receive updates, newsletters, correspondence and other materials of this type. If you do not want to receive these communications, follow the instructions provided in the "Opting Out" section below.

"Opting Out" of Receiving Communications from Us

If you no longer want to receive our e-mails, offers, updates on Services, or other communications, please send an email to subscriptions@themarkhotel.com or follow the "unsubscribe" instructions at the bottom of each email or communication. Please note that you cannot unsubscribe from certain correspondence from us, including certain messages relating to your use of the Services.

How do we protect your information?

We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.

We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our payment gateway providers' database, only to be accessible by those authorized with special access rights to such systems, who are required to keep the information confidential.

Unfortunately, no transmission of data over the Internet, and no system for storage of physical data, is guaranteed to be completely secure. It may be possible for hackers or other third parties not under the control of MP to intercept or access private communications unlawfully. While we strive to protect your personal information, MP cannot ensure or warrant the security of any information you transmit or otherwise provide to us. Any transmission or other provision of information is done at your own risk.

Do we use cookies, web beacons or other tracking technologies?

Yes. Our Website may use cookies (which are small files that a site or its service provider transfers to your computer/hard drive through your web browser that enables the site's or service provider's system to recognize your browser and capture and remember certain information), web beacons (which are used to transmit information back to a web server), or other tracking technologies, to improve and personalize the Website, as permitted under applicable law. We also may work with third parties that may use cookies, web beacons or other tracking technology to collect information about your visits to the Website and/or other websites, and to serve advertisements to you based on that information. The majority of web browsers accept cookies, but the "help" menu on your browser should give you options for preventing, accepting, or receiving notice of cookies should you wish to do so. Please be aware that if you block cookies, some Website functionality may not be available to you.

Do we disclose your personally identifiable information to outside parties?

We may share your personally identifiable information with trusted third parties who assist us in operating the Website, providing the Services, conducting our business, or servicing you, or to our affiliates or agents, so long as those parties agree to keep this information confidential. Examples include fulfilling requests for Services, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, processing insurance claims, and providing customer service. We might also use third party tools or platforms, such as cloud services offered by Google, to process your personally identifiable information, in which case we would protect such information through use of passwords or other protection methods offered by such third parties. We also may share your personally identifiable information with affiliated businesses that we do not control but with which we engage in joint and co-branded offerings, and entities with which MP may merge or which may acquire all or substantially all of MP's assets, as customer information likely will be one of the transferred assets.

Additionally, we will share personally identifiable information if we have a good faith belief that: (i) access, use, preservation or disclosure of such information is reasonably necessary to satisfy any applicable law, legal process (such as a court order or subpoena), request by law enforcement or governmental authorities; (ii) such action is appropriate to enforce our Terms and Conditions of Use, or other policies of our Website or Services, including any investigation of potential violations thereof; (iii) such action is necessary to detect, prevent, or otherwise address fraud, security or technical issues associated with the Website or the Services; or (iv) such action is appropriate to protect our rights, property or safety, or the rights, property or safety of our employees, affiliates, agents, contractors, other users of the Website, other users of the Services or others.

Finally, we may share your name, address, email address and transactional information with marketers, promoters or advertisers, as permitted by law, unless you instruct us not to by following instructions in the Opt Out section above.

Do we receive any information from outside parties?

Examples of information we receive from other sources include account information; purchase or redemption information; page-view information from some merchants with which we operate co-branded businesses; and information from search results and links, including paid listings (such as Sponsored Links from Google).

Content and information that you submit through Facebook, Twitter, Pinterest, Instagram or other online platforms may appear on our Website through feeds from those platforms. We are not responsible for the dissemination of content or information from, or the privacy practices of, any such platform.

Third party links

It is important to note that the Website contains links to sites other than the Website and that those sites may not follow the same privacy policies as MP. These sites may send their own cookies to you, and may collect data and make uses of it that MP would not. If you use these links, you will leave the Website. These third parties and their websites are not under our control. We do not examine or evaluate these websites and we are not responsible for their content or operation. By providing links to these websites, we do not approve, warrant or endorse, or otherwise make any representation about them, their owners or operators, or the goods or services that they offer and/or sell, and we do not assume any responsibility or liability relating to any of the foregoing. You should exercise your own judgment in evaluating and using these websites. When you link to these websites, you become subject to their terms and conditions of use and privacy policies. You understand, acknowledge and agree that all access to and use of any such third party website by you shall be at your own risk.

Children's Online Privacy Protection Act Compliance

We are in compliance with the requirements of COPPA (Children's Online Privacy Protection Act). We will not knowingly collect any information from anyone under thirteen (13) years of age. Our Website, products and Services are all directed to people who are at least thirteen (13) years old or older. No personally identifiable information should be submitted to, or posted at, the Website by visitors under thirteen (13) years of age without the prior written consent of their parent or guardian.

Changes to our Privacy Policy

If we decide to change our Privacy Policy, we will post those changes on this page.

Additional Information
This Privacy Policy is personal between you and us, and no one else shall be deemed a third party beneficiary of this Privacy Policy.

USE OF THIS WEBSITE SIGNIFIES YOUR AGREEMENT TO THE TERMS AND CONDITIONS OF USE AND THIS PRIVACY POLICY.

If you have any questions regarding this Privacy Policy or the use of your personal information under this Privacy Policy, you can contact us at the following postal or email address:


Privacy Director
Mark Propco, LLC c/o Alexico Group LLC
150 East 58th Street, 33rd Floor
New York, NY 10155
E-mail: privacy@themarkhotel.com