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Privacy Policy

Island Bay View Inn, having its registered office at Badanidiyoor, Thottam, Malpe, Udupi District, Karnataka, India 576115.

Island Bay View Inn (“Island Bay View Inn”) **is committed to respecting and safeguarding the privacy of all its service recipients as well as **Users of its website located at www.islandbayviewinn.com  (“Site”). This privacy policy (“Policy”) discloses the practices and policies adopted by Island Bay View Inn for collecting, retrieving, possessing, storing, dealing, handling, or using personal data and sensitive personal data or information it may receive from any person who avails services of Island Bay View Inn or accesses or uses the Site (“User/Users”). All terms and conditions of the use of the Site are incorporated in this Policy by reference. The Policy seeks to comply with the Information Technology Act, 2000 (“Act”), the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (“Rules”), and other applicable laws. Due consideration has also been given to privacy laws of jurisdictions all over the world, so as to ensure that this Policy is up to date with evolving laws throughout the world.

This Policy is binding on all levels of Island Bay View Inn including employees, and any other persons authorized by it to collect, process, or use data. The Policy will cover all data, including any confidential information, obtained from all Users and any other person whose data is consensually provided to Island Bay View Inn, except anonymized data or any data that is freely available in the public domain. Island Bay View Inn reserves the right to modify and update this Policy to keep up with changing legal landscape and other legal regulations that it might be bound by in the future. Island Bay View Inn reserves the right to add, modify, update, or delete any part of this Policy as it deems fit without giving notice. Users are encouraged to periodically check the Policy to see any such additions, modifications, updates, or deletions.

1. DEFINITIONS

The terms used in this Policy would mean and be interpreted as defined in the Information Technology Act, 2000, and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 unless defined elsewhere in this Policy.

  1. “Applicable Law” means all applicable statutes, acts of Indian legislature, ordinances, rules, bye-laws, guidelines, regulations, directions, directives, notifications, circulars, policies, and orders of any government, statutory authority, regulatory authority, tribunal, board or court in India;
  2. “General Information” will have the same meaning ascribed to it in clause 2.5 of the Policy.
  3. “Personal Information” shall mean information disclosed by or obtained from any User and includes name, age, occupation, e-mail, residential address, telephone number, payment processing details, and any other personal details capable of identifying such a person.
  4. “Sensitive Personal Information” shall, excluding any information that is freely available or accessible in the public domain or is furnished under Applicable Laws, mean the following information: account password, physical, physiological or mental health condition, sexual orientation; medical records, and history; financial information such as bank account or credit/debit card details or other payment instruction details.

2. INFORMATION COLLECTION THROUGH THE SITE

  1. A User might be required to disclose Personal Information (including Sensitive Personal Information) while browsing through the Site or for availing Island Bay View Inn. Such information might be collected by various online and offline methods such as filling forms, questionnaires, surveys, chatbots, documents provided, and other modes of contacting Island Bay View Inn. This further includes information collected by guests who stay at Island Bay View Inn.
  2. Prior to providing Personal Information to Island Bay View Inn, a User must grant consent to Island Bay View Inn for using the Personal Information. By use of the Site or Island Bay View Inn’s Services, Users agree that they are consensually providing information in accordance with this Policy. The Personal Information will be used only for the purposes set out in clause 4 of the Policy. If the User does not wish to provide such Personal Information, the User must not proceed with using the Site or availing Island Bay View Inn
  3. Island Bay View Inn will collect Personal Information or Sensitive Personal Information only for a lawful purpose connected with a function or activity of Island Bay View Inn, for which activity the Personal Information or Sensitive Personal Information is reasonably considered necessary.
  4. Island Bay View Inn will not be responsible for the correctness or completeness of the Personal Information or Sensitive Personal Information provided by the User, or any consequences arising in relation to incorrect or incomplete Personal Information or Sensitive Information.
  5. While browsing through the Site, the Site server may automatically record some general information about the User’s visit, including but not limited to the date and time of visiting the Site, the type of browser being used, etc. (“General Information”). Such General Information collected is not Personal Information or Sensitive Personal Information for the purpose of this Policy.
  6. Island Bay View Inn reserves the right to use General Information collected by it for any purpose whatsoever including tracking overall traffic patterns, statistical analysis, and marketing and promotional purposes. Consequently, Island Bay View Inn may share such General Information or any analysis with any third party, at its discretion.
  7. Subject to the provisions of this Policy, any other agreements entered into, or laws in force, Users shall have the rights of access; updation and correction; and deletion of their data. Island Bay View Inn shall endeavour to provide easy and free access, through online and offline modes, to a copy of data, unless it is deemed to be a frivolous/vexatious request, jeopardises the privacy of other Users, or for which access is not otherwise required by local law. Island Bay View Inn may also decline to give access to, modify, or delete any data if it believes that such requests shall undermine the legitimate use of the data for anti-fraud/security purposes or that such data might be required by governments or legal authorities in the due exercise of their powers.

3. USE OF PERSONAL INFORMATION AND SENSITIVE PERSONAL INFORMATION

By using the Site or availing of Island Bay View Inn’s Services, a User consents to the collection and use of Personal information by Island Bay View Inn. Personal Information disclosed to Island Bay View Inn by a User may be used by Island Bay View Inn for any clear and lawful purpose including one or more of the following purposes:

(a)     in creating content that is relevant to the User;

(b)     in improving the content of the Site;

(b)  to maintain a database of all the Personal Information collected from the User;

(c)  to evaluate and administer the Site and resolve any problems that may arise with the usage of the Site;

(d) to improve order processing and order confirmations;

(e) to respond to User inquiries and feedback;

(f) to use the information to notify Users about important functionality changes to the Site.

4. INFORMATION SHARING AND DISCLOSURE OF PERSONAL INFORMATION AND SENSITIVE PERSONAL INFORMATION

  1. Only Persons authorised by Island Bay View Inn shall have access to Personal Information and Sensitive Personal Information disclosed to Island Bay View Inn. User grants consent to Island Bay View Inn for sharing Personal Information or Sensitive Personal Information with persons who are associated with
  2. Notwithstanding anything contained in this Policy, Island Bay View Inn reserves the right to disclose any Personal Information or Sensitive Personal Information that may be required to be disclosed under applicable law or to any governmental authority or to a Court of Law, without prior notice or consent of the User.

5. DISCLOSURE TO THIRD PARTY

  1. **In case the information is being collected and retained by a third party, on behalf of **Island Bay View Inn, Island Bay View Inn shall endeavour to give reasonable notice to the User before the transfer of information to any third party unless such disclosure is necessary for compliance with a legal obligation. Such obligation is also not applicable in a case such information is being transferred to a government agency when a request for such transfer has been made by such government agency to Island Bay View Inn.
  2. Island Bay View Inn may transfer Personal Information or Sensitive Personal Information to any company or person located in India or any other country only if it is necessary for the performance of a lawful contract between Island Bay View Inn and any person, provided the same level of data protection will be adhered to by the other company. Island Bay View Inn cannot guarantee that such parties will keep the Personal Information or Sensitive Personal Information confidential and Island Bay View Inn will not be liable in any manner for any loss of confidentiality attributable to such third parties.

6. SECURITY

  1. Island Bay View Inn has taken all reasonable measures and precautions to keep the Personal Information and Sensitive Personal Information safe and secure and to prevent any unauthorised access to or misuse of the same.
  2. Island Bay View Inn shall be liable to inform Users, within a reasonable time, of any misuse, modification, unauthorised access, disclosure, or destruction of any data it has obtained. Island Bay View Inn shall take further steps to minimise the harm caused due to any such activity, including legal steps.

7. LIABILITY

Island Bay View Inn shall not be liable to any User for any loss, damage (whether direct, indirect, consequential, or incidental), or harm caused to the User due to the unauthorised access or misuse of the Personal Information or Sensitive Personal Information by any third party beyond the control of Island Bay View Inn.

In no event will Island Bay View Inn be liable for any damages whatsoever in an amount in excess of any purchase of service made by Users.

8. LINKING TO OTHER SITES

Island Bay View Inn is not responsible for the privacy practices or the content of any other websites for which links may be provided on the Site. By clicking on a link, logo, or other such items, or using certain services available on the Site, Users may no longer be on the Site and in such circumstances, the privacy policy of such other websites shall apply. Island Bay View Inn encourages Users to read the posted privacy statement of the other websites whenever interacting with any websites.

9. INDEMNIFICATION

Users agree to defend, indemnify, and hold harmless Island Bay View Inn and its affiliates and their respective officers, employees, and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of this Site by Users.

10. GOVERNING LAW AND JURISDICTION

By visiting this Site, the User agrees that this Policy shall be construed in accordance with and be governed by the laws of India, and the Courts of Udupi, Karnataka, shall have exclusive jurisdiction in respect of any dispute that may arise under this Policy.

11. SECURITY STATEMENT

The Site only accepts orders from web browsers that permit communication through Secure Socket Layer (SSL) technology, which encrypts information the User inputs. This means the user should not be able to inadvertently place an order through an unsecured connection. It is important for the User to protect against unauthorised access to his/her password and computer. The User must ensure to sign off when finished using a shared computer. While Island Bay View Inn implements the above security measures on this Site, Users should be aware that 100% security is not always possible.

12. Grievance Officer

A User may contact the Grievance Officer, whose details are provided below, in case of any discrepancy and/or grievance with respect to the processing of information:

info@islandbayviewinn.com