Privacy Policy & Terms Of Use

The Forbes Company Properties

 

Privacy Policy

 

Waterside Shops Promotional Fund, Inc. (hereinafter referred to as “our”, “we,” or “us”) is committed to your privacy.  This Privacy Policy is intended to inform you of our policies and practices regarding the collection, use, and disclosure of your personal information through our site (“Site”).  This Privacy Policy applies solely to information collected through this Site.  By using or accessing the Site, you signify your assent to this Privacy PolicyIF YOU DO NOT AGREE TO THIS PRIVACY POLICY YOU MAY NOT ACCESS OR OTHERWISE USE THE SITE. 

Personal and Non-Personal Information

When using the Site, in order to utilize some of the services, you may be asked to provide, or you may choose to upload, certain personally identifiable information about yourself ("Personal Information").  Personal Information can include your name, birth date, gender, email address, physical address and telephone number or other information that you may voluntarily provide. For example, we may collect your email address to subscribe you to our E Newsletter.  Similarly, when you post a photograph, enter or respond to a contest, survey, sweepstakes or other promotional feature, we may ask you for your name, address and email address or other Personal Information.  When you place an order for a gift card, we ask for the information that is necessary to conduct the transaction, including your name, mailing address, email address, shipping address, and credit card information.  We do not store your credit card information as it is transmitted directly to the American Express Travel Related Services Company, Inc. ("American Express"), which uses it to process your gift card order.  We advise you to read the Terms and Conditions and Privacy Policy on the American Express site for further information on what information will be required and how American Express will use it. See the American Express Cardholder Agreement at https://www.americanexpress.com/us/content/prepaid/gift-cards/terms-and-conditions.html  for complete details.

In addition, we may also collect non-personally identifiable information, such as IP host address, pages viewed, browser type, duration and frequency of visits, and other data, and may aggregate any information collected in a manner which does not identify any individual ("Aggregate Information"). Information obtained in connection with the Site may be intermingled with and used by us in conjunction with information obtained through sources other than the Site, including both offline and online sources.

Information Usage 

We may use the Personal Information that we collect to contact you about our products and services or those of our partners, retailers or other third parties from time to time.  We do not sell your Personal Information to third parties or mass marketers.  For example, we will not sell another company your name or email address.  Unless you consent to the disclosure of your Personal Information, such as by opting-in to one of our partner’s or retailer’s mailing lists, only we and our affiliates, our technical consultants, third party auditors and other third parties who make our Site available, enhance its functionality, or provide associated services and/or who deal with you in delivering content, samples, products, gifts and prizes, have access to this information, and we require them to agree that they are covered by this policy.

Please note that we reserve the right to and may disclose Personal Information about you in response to (a) requests from local, state or federal law enforcement officials; (b) any judicial, administrative or similar proceeding or order, such as subpoena; (c) if required by law; or (d) to investigate suspected fraud, harassment, physical threats, or other violations of any law, rule or regulation, the Site rules or policies, or the rights of third parties or to investigate any suspected conduct which we deem improper.  Please also note that we do reserve the right to transfer your personally identifiable information and other information to our successors in business and purchasers of site assets.

Protection for Children

This Site is not intended for users under the age of 13, and we have no intention of collecting Personal Information from children under the age of 13.  Where appropriate, we take reasonable measures to inform children not to submit such information to our Site or in response to advertisements.  If a child has provided us with personally identifiable information, we will use all reasonable efforts to delete such information from our database.  

Cookies

Our Site may pass a "cookie" (a string of information that is sent by a web site to be resident on your system's hard drive, and/or temporarily in your computer's memory blocks). The purpose of a cookie is to tell the web server that you have returned to a particular page. You may set your browser to decline cookies.  If you do so, however, you may not be able to fully experience some interactive features of the Site.  

Clickstream

As you use the Internet, a trail of electronic information is left at each web site you visit. This information, which is sometimes referred to as "clickstream data," can be collected and stored by a web site's server. Clickstream data can tell us the type of computer and browsing software you use and the address of the web site from which you linked to the Site.  We may collect and use clickstream data as a form of Aggregate Information to anonymously determine how much time visitors spend on each page of our Site, how visitors navigate throughout the Site and how we may tailor our web pages to better meet the needs of visitors.  This information will be used to improve our Site and our services. Any collection or use of clickstream data will be anonymous and aggregate, and will not intentionally contain any Personal Information.

Security

We will not be liable for disclosures of your Personal Information due to errors in transmission or unauthorized acts of third parties.  We have undertaken all commercially reasonable efforts to prevent unauthorized Internet access to visitor data retained in our servers, however, due to the inherent open nature of the Internet, we cannot ensure or warrant the security of any information you transmit to us or any information provided online, and you do so at your own risk.  Users must accept all risks associated with any data transmission, including the risk that their personal information may be intercepted in transit.

Blogs, Chat Areas and Forums

You should be aware that Personal Information which you voluntarily include and transmit online may be viewed and used by others.  Users of the Site are solely responsible for the content of messages they post online including on public forums. These forums include but are not limited to on and offsite chat rooms, bulletin boards, blogs or other publicly accessible forums which may be viewed and used by anyone with access to such forums. Users should be aware that when they voluntarily disclose Personal Information within a public forum that user information may be collected and used by others.  The Site is unable to control such uses of your Personal Information, and by using such services you assume the risk that the Personal Information provided by you may be viewed and used by third parties.

Links to Third Party Sites

Our Site may contain links to other web sites, including our participating retailers and our affiliated or co-branded web sites.  Other web sites may also reference or link to our Site.  These "other" domains (web sites) are not controlled by us.  We encourage our users to be aware when they leave our Site to read the privacy policies of each and every web site that collects personally identifiable information.  We do not endorse, screen or approve, and are not responsible for the privacy practices or content of such other web sites.  Visiting these other web sites is at your own risk.

Social Media Platforms

Our Site provides you with the ability to register, log into, “like” or otherwise interact with your social media services, including, but not limited to, Facebook, Instagram, Twitter, Pinterest, YouTube, and other social media services.   These features may enable integration and/or access to your social media accounts.  We do not control these social media services or your profiles on these services, and we do not establish privacy settings or rules for how your Personal Information on those services will be used.   If you choose to log on to or submit information through any of these social media services, your Personal Information will be subject to the applicable social media service’s terms and conditions and your current privacy settings on such social media service.  You are encouraged to read all policies and information regarding the applicable social media services to learn more about how they handle your information.  By accessing any social media service, you will be assuming the risk that the Personal Information you provide on that service may be viewed and/or used by third parties for any purpose.  You agree that we are not responsible for any acts or omissions by these social media service providers.

Policy Modifications/Opt-Out

We reserve the right, at our discretion, to change, modify, add, or remove portions from this policy at any time.  However, if at any time in the future we plan to use Personal Information in a way that differs from this policy, we will post such changes here. Your continued use of the Site following the posting of any changes to this policy means you accept such changes.  Please check this page periodically for changes to this Privacy Policy.

We give you the option to remove your Personal Information from our list of active users completely. All unsubscribe or opt-out requests should be sent to us at reception@watersideshops.com and we will process your request within a reasonable time after receipt. We are not responsible for removing your Personal Information from the lists of any third party who has previously been provided your information in accordance with this policy.

Communications with Us

By providing your email address to us, you expressly consent to receive emails from us.  We may use email to communicate with you, to send information that you have requested or to send information about other products or services developed or provided by us, provided that, we will not give your email address to another party to promote their products or services directly to you.

Any communication or material you transmit to us by email or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and nonproprietary.  Except to the extent expressly covered by this policy, anything you transmit or post may be used by us for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, you expressly agree that we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services using such information.

Site Terms and Conditions

Use of this Site is governed by, and subject to, the legal notices contained at http://www.watersideshops.com/about/privacy-policy--terms-of-use.  Your use, or access, of the Site constitutes your agreement to be bound by these provisions. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MAY NOT ACCESS OR OTHERWISE USE THE SITE. 

Comments and Questions

Should you have any questions or inquiries regarding these Terms you may contact us at reception@watersideshops.com or write to Management Office Waterside Shops: Guest Services Manager, Waterside Shops, 5415 Tamiami Trail N., Naples, FL 34108.

United States of America

Our Site is maintained in the United States of America.  By using the Site, you authorize the export of Personal Information to the USA and its storage and use as specified in this policy.

Effective Date:  This Privacy Policy is effective and was last updated on June 18, 2015.

 

 

 

TERMS AND CONDITIONS

 

These Terms of Use (“Terms”) govern your use of this web site (the “Site”) provided by Waterside Shops Promotional Fund, Inc. (hereinafter referred to as “our” “we,” or “us”). 

 

Your access and use of the Site is subject to the following terms and conditions (the "Terms and Conditions") and all applicable laws.  By accessing or using any part of the Site, you accept, without limitation or qualification, these Terms and Conditions.  If you do not agree with all of the Terms and Conditions set forth below, you may not use any portion of the Site.  We reserve the right, in our sole discretion, to change, modify, add or remove any portion of these Terms and Conditions, in whole or in part, at any time.  

 

Authorized Use of Site:  This Site is provided for your personal and non-commercial use and for informational purposes only.  Any other use of the Site requires our prior written consent.

 

Unauthorized Use of Site: You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site or any other user's use of the Site, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms and Conditions. You may not frame portions of the Site within another web site. You may not resell use of, or access to, the Site to any third party without our prior written consent.

 

Our Control Over Site:  We have the right, but not the obligation, to monitor the use of the Site and its content, except as otherwise provided under our Privacy Policy.  We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the Site.  We do not control all information or material provided for posting on the Site regarding a participating retailer’s or merchant's products (collectively, the "Postings") on the Site and therefore, we do not guarantee the accuracy, integrity or quality of such Postings. We may remove any Postings at any time, for any reason.  We may change, suspend or discontinue any aspect of the Site at any time, including, but not limited to, content, services offered, products offered, database, hours of availability, and equipment needed for access or use.  We may also impose limits on certain features and services or restrict your  access to parts or all of the Site without notice or liability.

 

Proprietary Rights: We are the owner of or otherwise licensed to use all parts of the Site, including all copy, software, graphics, designs and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein. Some materials on the Site belong to third parties who have authorized us to display the materials, such as portfolio works, client logos and trademarks and other proprietary materials.  By using the Site, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials.  Except as expressly set forth in these Terms and Conditions, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site.  All rights not granted under these Terms and Conditions are reserved by us.

 

No Ideas Accepted: We do not accept any unsolicited ideas from outside the company including without limitation suggestions about advertising, promotion or merchandising of our products, additions to our product lines, services, or changes in methods of doing business.  We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to this Site, you understand and acknowledge that such idea is not submitted in confidence and we assume no obligation, expressed or implied, by considering it. You further understand that we shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to us.  Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, you hereby grant us an irrevocable, perpetual, world-wide license to use the idea in any manner, in any medium now known or hereafter developed, without compensation to you. 

 

Blogs, Chatrooms and Forums: This Site may provide you with a forum to express your personal opinions in a chat room, weblog or other online discussion group.  When using such forums, you agree that (i) you have the right to post all information and materials, (ii) all opinions expressed are genuinely held based upon your research and consideration, (iii) you will not post any content that is libelous, defamatory or invades any privacy or publicity rights of any third party; or is abusive, vulgar, hateful, obscene, scandalous, inflammatory or otherwise objectionable; or infringes any copyright, trademark, service mark, patent, trade secret or confidentiality obligation, or constitutes Prohibited Activities defined below.  You hereby grant us an irrevocable, perpetual, world-wide license to use, redact, edit, republish, sub-license, copy, and distribute your postings in any medium now known or hereinafter developed without payment of compensation to you.  You agree to be solely liable for the content all of all information posted by you.

 

Prohibited Activities: The following is a partial list of the types of conduct that are prohibited on the Site.  We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, engages in any of the prohibited activities.  Without limitation, the following is a partial list of the kinds of conduct that are prohibited on the Site.  We reserve the right to investigate and take appropriate legal action in our sole discretion.  You agree that you will not post or transmit to other users anything that contains content that:

  • infringes or violates another party's intellectual property rights;
  • violates any party’s right of publicity or right of privacy;
  • is threatening, harassing or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • promotes or encourages violence;
  • is inaccurate, false or misleading in any way;
  • is illegal or promotes any illegal activities;
  • promotes illegal or unauthorized coping of another person's copyrighted work or links to them or providing information to circumvent security measures;
  • contains “masked” profanity (i.e., F*@&#);
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
  • contains any advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

We are under no obligation to screen or monitor content, but may review content from time to time at our sole discretion.  We will make all determinations as to what content is appropriate in our sole discretion.  We may edit or remove any content at any time without notice.

We disclaim all responsibility for the content of such transmissions and all liability arising from such content.  For clarity, we shall not be liable for any compensation, claims, or damages resulting from your posts or transmissions via this Site and you agree to defend and hold us harmless with respect to any such compensation, claims, or damages, including attorney's fees.

Links:  This Site may contain links to other web sites not maintained by us, including our participating retailer and vendor sites.  Other web sites may also reference or link to our Site.  We encourage you to be aware when you leave our Site and to read the terms and conditions and privacy statements of each and every web site that you visit.  We are not responsible for the practices or the content of such other web sites.

 

Your Acknowledgments: By visiting or accessing this Site, you hereby acknowledge that:

 

  1. Any and all information provided by you in the course of using the Site becomes our property and we may use this information for any lawful purpose, subject to our Privacy Policy which can be found here: http://www.watersideshops.com/about/privacy-policy--terms-of-use.

     

  2. We are not the owner, producer, manufacturer or seller of any of the retailer’s products or services sold through the Site.Accordingly, you acknowledge that if you are not satisfied with any products purchased from any retailers through the Site, you will contact the participating retailer directly and that we have no liability or responsibility whatsoever for any such products.

     

  3. Transmissions to and from this Site may be read or intercepted by third parties.

     

  4. Any reliance upon any opinion, advice, statement, memorandum, information, or any other material contained in the Site or any of its links shall be at your own risk.

     

  5. You are responsible for any and all fees, taxes, and expenses, which may be incurred through the use of this Site or as the result of the purchase of products/services from within it.

     

  6. By using the using the Site, you may be exposed to information or material that may be offensive, indecent, objectionable or otherwise inappropriate and that in no way will we be liable or held responsible for any such material.

     

  7. We do not attempt to review, edit, modify, regulate or control the content of any sites that are linked to the Site, or any postings of participating retailers, and that we shall not be held responsible or liable for the accuracy, legality, decency or copyright and trademark compliance of any third party site or posting.

 

No Warranties:  WHILE WE USE REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE SITE, WE MAKE NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY OR COMPLETENESS. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT ON THE SITE. YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED "AS IS" AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, OR FOR ANY DIRECT DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, ILLEGAL, TORTIOUS OR INFRINGING CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR WITH ANY OF OUR TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

 

Changes:  All information posted on the Site is subject to change without notice.  In addition, these Terms and Conditions may be changed at any time without prior notice. We will make such changes by posting them on the Site. You should check the Site for such changes frequently.  Your continued access of the Site after such changes conclusively demonstrates your acceptance of those changes.

 

Indemnification:  You agree to indemnify, defend and hold harmless us, our employees, directors, officers, agents, business partners, affiliates, retailers, merchants, vendors, contractors, distribution partners and representatives from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, any breach by you of any of these Terms and Conditions or applicable law. 

 

Severability:  If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

 

Waiver; Remedies:  Our failure to partially or fully exercise any rights or the waiver of us of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms and Conditions.  Our rights and remedies under these Terms and Conditions and any other applicable agreement between you and us shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

 

Digital Millennium Copyright Act ("DMCA") Notice:

Materials may be made available via the Site by third parties not within our control. We are under no obligation to, and do not, scan content posted on the Site for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Site.

 

If you believe any materials on the Site infringe a copyright, you should provide us with written notice that at a minimum contains:

 

(i)         A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii)        Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(iii)       Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

(iv)       Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

(v)        A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi)       A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

All DMCA notices should be sent to our designated agent as follows:

 

Anne Fleming

General Manager

Mall Management Office

Waterside Shops, 5415 Tamiami Trail N. Naples, FL 34108

The Forbes Company

afleming@watersideshops.com

It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others. 

 

International Access:  Our Site is provided from the United States of America and all servers that make it available reside in the U.S.A.  The laws of other countries may differ regarding the access and use of the Site.  We make no representations regarding the legality of this Site in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A. 

 

Governing Law:  THE LAWS OF THE STATE OF FLORIDA SHALL GOVERN THESE TERMS.  YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN ORANGE COUNTY, FLORIDA FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS OR YOUR ACCESS OR USE OF THE SITE.

 

Questions:  Should you have any questions regarding these Terms and Conditions you may contact us at reception@watersideshops.com.

 

Effective Date:  These Terms and Conditions are effective and were last updated on June 18, 2015.