Privacy Policy

WEBSITE PRIVACY NOTICE, TERMS OF USE AGREEMENT AND DISCLAIMER OF LIABILTY

This Website Privacy Notice, Terms of Use Agreement and Disclaimer of Liability ("this Agreement") governs the use of the Experience Scottsdale website including the content contained therein ("this Website"). This Agreement is a legal contract between Experience Scottsdale, an Arizona non-profit corporation (referred in this Agreement as "we" or "us"), and you, the user of this Website (referred to in this Agreement as “you” or "User") and your principals as described below in Section 1. This Website may be used only by persons who have accepted the terms of this Agreement. If you do not intend to accept this Agreement you should refrain from using this Website in any manner. You are under no statutory or contractual obligation to consent to the terms of this Agreement.

1. Acceptance. Accessing or otherwise using this Website constitutes acceptance of the terms of this Agreement by User and by parties on whose behalf or for whose benefit User accesses or otherwise uses this Website ("User’s Principals"). User represents and warrants that he or she is authorized to enter into this Agreement and bind User’s Principals to the terms of this Agreement. Unless otherwise specified, references to "User" in this Agreement shall be construed to also refer to User’s Principals. By accepting the terms of this Agreement, User also represents and warrants that User is at least sixteen (16) years of age.

2. Permission to Use; Limitations; Termination. Users who have accepted this Agreement are granted permission to use this Website for its intended purposes subject to the terms of this Agreement. Use of certain components of this Website may be subject to additional terms. To the extent that such additional terms provide for additional limitations or restrictions on use of this Website, such limitations and restrictions shall be in addition to those provided under this Agreement. Certain sections of this Website may be restricted, in which event use of those sections is prohibited unless specific permission to access those sections is given by Experience Scottsdale. User agrees to comply with this Agreement as it may be modified from time to time as set forth below. User also agrees to comply with all applicable laws in connection with his or her use of this Website. Experience Scottsdale may revoke User’s permission to use all or any part of this Website at any time for any reason in the sole discretion of Experience Scottsdale. User’s permission to use this Website shall automatically terminate in the event that User violates this Agreement.

3. Third-Party Websites/Vendors. This Website may contain advertisements for or information about third-party providers, including their services and products and/or links to their websites. The owners and affiliates of such providers are referred to in this Agreement as "Third-Party Vendors". Such advertisements, information and links shall not be construed as approval or endorsement of such Third-Party Vendors or their information, services or products. If User decides to deal with such Third-Party Vendors or visit such sites, User understands that he or she is subject to all applicable rules and policies of such Third‑Party Vendors, including any applicable terms of use agreements or privacy policies of such Third‑Party Vendors. Experience Scottsdale shall have no responsibility for the accuracy, quality or other aspects of the information, services or products of Third-Party Vendors. User shall be responsible for taking such steps as User deems appropriate to evaluate Third-Party Vendors and their information, services and products. Experience Scottsdale shall not be construed to be a party to any transactions that may be entered into between User and Third-Party Vendors.

4. Security; Privacy. Experience Scottsdale is committed to online privacy. This Section details how we collect, use, share, and protect the personal information that Users share with us on this Website, located at www.experiencescottsdale.com, or any other website operated by Experience Scottsdale (each, a “Website”).

Information Collected: We collect two types of data: (1) Personal Data and (2) Non-Personal Data.
Experience Scottsdale collects personal data about its customers, clients and members. The lawful basis for which Experience Scottsdale collects your personal data is through your consent.  Specifically, we collect personal data when a User voluntarily submits it to us. For example, you may choose to submit personal information to us when you request a travel guide, sign-up to receive an e-newsletter, complete a contest registration form, complete an event registration form or provide us with your businesses card. We may also collect personal information about you from reputable third parties. Personal data refers to information that is connected to your name and may include things such as: first name, last name, address, email address, and telephone number. Additional business information that is collected may also include: employer name, job title, work address, work email and work phone number.

Experience Scottsdale collects non-personal data and automatically stores it in its log files when you use the Website.  We use this information to help us design our Website to better suit our Users’ needs. We may also use your IP address to help diagnose problems with our server and to administer our Website, analyze trends and track visitor movements.  Examples of non-personal data include the following:

• Cookie -- A “cookie” is a small text file that is saved to and, during subsequent visits, retrieved from your computer or mobile device. Experience Scottsdale uses cookies to enhance and simplify your visit. We do not use cookies to disclose information to third parties. There are also third-party cookies on our Websites, which we use to collect statistics in aggregate form in analysis tools such as Google Analytics and Adara. Some of these cookies may track your behavior across multiple Websites. For instructions on how to handle and delete cookies please look under "Help" in your browser. You can choose to disable cookies, or to receive a notification each time a new cookie is sent to your computer or mobile device. Options you select are browser and site specific. However, please note that if you choose to disable cookies, you will not be able to take advantage of all features of our Website.
• Web Beacons (also known as "clear gifs," "web bugs" or "pixel tags") -- "Web Beacons" are tiny graphics with a unique identifier, similar in function to cookies, and are used to allow us to count Users who have visited certain pages of the Websites and to help determine the effectiveness of promotional or advertising campaigns. In contrast to cookies, which are stored on a User's computer hard drive, Web Beacons are embedded invisibly on web pages.

Do Not Track: Some browsers have “do not track” features that allow you to tell a website not to track you. These features are not all uniform. We do not currently respond to those signals. If you block cookies, certain features on our sites may not work. If you block or reject cookies, not all of the tracking described here will stop.

When and how we share information with others
The information Experience Scottsdale collects from you is stored in one or more databases hosted by third parties located in the United States. These third parties do not use or have access to your personal information for any purpose other than cloud storage and retrieval. 

The personal information that we receive, collect, or obtain may be used for the following purposes:

• To send customers, clients and members materials, updates, information, promotional material and special offers from us.
• To help diagnose problems with our server, to administer our Website, and to enhance the Website for optimal User experience.
• To monitor the usage and performance of our Website, and to determine aggregate information about our User base and usage patterns.
• To provide maintenance, support, and customer service for the Website.
• To contact Users for information verification purposes.

Client contact information may also be shared with members of Experience Scottsdale at certain familiarization trips and events in connection with the business of Experience Scottsdale.

Security of your information

To help protect the privacy of data and personally identifiable information you transmit through use of this Website, we maintain physical, technical and administrative safeguards. We update and test our security technology on an ongoing basis. We restrict access to your personal data to those employees who need to know that information to provide benefits or services to you. In addition, we train our employees about the importance of confidentiality and maintaining the privacy and security of your information.

Data storage and retention

Your personal data is stored by Experience Scottsdale on its servers located in the United States, as well as on the servers of vendors employed by Experience Scottsdale to perform database, hosting and fulfillment services.  Experience Scottsdale retains data for the duration of the customer’s, client’s or member’s relationship with Experience Scottsdale.  For more information on where and how long your personal data is stored please contact Experience Scottsdale’s representative at epaschal@experiencescottsdale.com

Individual Rights

You have the following individual rights with respect to the storage of your personal data:

• Right to be informed;
• Right of access;
• Right to rectification;
• Right to erasure;
• Right to restrict processing;
• Right to data portability;
• Right to object;
• Right to withdraw consent; and
• Right not to be subject to automated decision-making, including profiling.

For more information on your individual rights, please contact Experience Scottsdale’s representative at epaschal@experiencescottsdale.com. If you believe there is an issue with the handling of your personal data, you may report your concerns to the Information Commissioner’s Office.

Changes and updates to the Privacy Notice

As our policies may change from time to time, this Agreement is expected to change as well. We reserve the right to amend this Agreement, for any reason, without notice to you, under the procedures specified in Section 12 below. We may e-mail periodic reminders of our notices and terms and conditions, but you should check our Website frequently to see the current Privacy Notice, Terms of Use Agreement and Disclaimer of Liability that is in effect and any changes that may have been made to it.

Withdrawing Consent

Should you desire to exercise your right to withdraw consent to Experience Scottsdale’s collection and storage of your personal data under the terms of this Agreement, you may do so by emailing us at visitorinformation@experiencescottsdale.com  

Contact Information

For specific questions or concerns relating to the terms of this Agreement, please contact Experience Scottsdale’s representative:
Eric Paschal
Director of Information Technology

Experience Scottsdale
4520 N. Drinkwater Blvd., Suite 300
Scottsdale, AZ  85251
epaschal@experiencescottsdale.com
480-949-6286

5. Exclusive User Remedy. In the event that User is dissatisfied with any aspect of this Website, User’s sole remedy shall be to discontinue use of this Website.
    
6. DISCLAIMER OF WARRANTIES. THIS WEBSITE IS PROVIDED "AS-IS" WITH ALL FAULTS AND EXPERIENCE SCOTTSDALE DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ALL WARRANTIES RELATING TO THIS WEBSITE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, WARRANTIES AGAINST INFRINGEMENT OR INTERFERENCE WITH ENJOYMENT, OR WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. BY WAY OF ILLUSTRATION WITHOUT LIMITATION, EXPERIENCE SCOTTSDALE DOES NOT WARRANT THAT THIS WEBSITE WILL FULFILL ANY OF USER’S PARTICULAR REQUIREMENTS, THAT ACCESS TO THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION OBTAINED THROUGH THIS WEBSITE IS ACCURATE.
    
7. DISCLAIMER OF LIABILITY. NEITHER EXPERIENCE SCOTTSDALE NOR ANY OF ITS AFFILIATES, LICENSORS, PARTNERS, MANAGERS, SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES OR OTHER AGENTS SHALL HAVE ANY LIABILITY TO ANY USER OR THEIR PRINCIPALS AND AGENTS FOR ANY DAMAGES, WHETHER GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, WHETHER OR NOT FORESEEABLE AND WHETHER BASED ON CONTRACT, TORT OR STATUTE. USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT EXPERIENCE SCOTTSDALE IS PROVIDING ACCESS TO THIS WEBSITE IN RELIANCE ON THE DISCLAIMERS AND LIMITATIONS SET FORTH IN THIS AGREEMENT, AND FURTHER ACKNOWLEDGES AND AGREES THAT SUCH LIMITATIONS ARE REASONABLE. IN NO EVENT SHALL EXPERIENCE SCOTTSDALE BE LIABLE TO USER IN EXCESS OF THE FEES (IF ANY) ACTUALLY PAID BY USER FOR USE OF THIS WEBSITE.
    
8. Proprietary Rights; Restrictions. User acknowledges and agrees that this Website’s content (i.e., data, information, graphics, etc.), design, code, underlying technology and related information are proprietary to Experience Scottsdale (or its licensors and vendors if applicable) and protected by U.S. and international copyright laws, trade secret laws, trademark laws and other laws. The posting of information or materials on this Website by Experience Scottsdale does not constitute a waiver of any right in such information and materials. This Agreement does not provide User with any right or interest in Experience Scottsdale’s proprietary rights related to this Website or otherwise, and all such rights shall continue to be owned by Experience Scottsdale (or its licensors or vendors if applicable). Except to the extent express written permission is given by Experience Scottsdale, User shall not copy, reproduce or otherwise duplicate this Website, in whole or in part, and shall not access or attempt to access any of Experience Scottsdale systems, programs, data or other information or content that is not made available for public use, or use any information on this Website other than for its intended purpose. Permission is hereby given to User to view, print or download information on this Website that is made available for public viewing, printing or downloading, for User’s own internal use and not for republication, distribution, sale, transfer, preparation of derivative works or other use. Data mining, harvesting or similar collection of email addresses or other information on this Website is prohibited. Experience Scottsdale reserves the right to disapprove any links to this Website, in which event such links shall be immediately removed. Experience Scottsdale® is a trademark and may not be used without the express written permission of Experience Scottsdale. Other trademarks appearing on this site are trademarks of Experience Scottsdale or others and may not be used without the express written permission of their respective owners. If User believes that any content or other aspects of this Website infringe on or otherwise violate the rights of others, User should provide notice to Experience Scottsdale via email at the following address: webagreement@experiencescottsdale.com, in which event Experience Scottsdale will determine whether to investigate the matter further.
    
9. Choice of Law and Forum; Attorneys Fees. This Agreement is governed by the laws of the State of Arizona. User hereby expressly consents and agrees to non-exclusive jurisdiction and venue in Maricopa County, Arizona with respect to any litigation arising out of or relating to this Agreement. In the event Experience Scottsdale is required to incur any attorneys’ fees or other expenses in connection with enforcing or defending its rights under this Agreement with respect to User, User shall reimburse Experience Scottdale for such attorneys’ fees and expenses.
    
10. Severability of Provisions. In the event that any provision of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect, and the provision held to be invalid or unenforceable shall be automatically amended to most closely approximate the original provision on terms that are valid and enforceable and the court or other adjudicating authority holding such provision invalid or unenforceable shall make such amendment accordingly.
     
11. Integration. This Agreement reflects the entire agreement of the parties relating to the subject matter hereof. Oral statements shall be of no binding effect. This Agreement shall control over any conflicting documents or information, including information on this Website, and shall be the sole source of any obligations of Experience Scottsdale.
     
12. Modification. Experience Scottsdale may modify the terms of this Agreement from time to time by posting changes to this Agreement on this Website. No provision of this Agreement may be amended, modified or waived except as provided in the foregoing sentence. User agrees to review this Agreement from time to time regarding any changes. Any use of this Website after Experience Scottsdale's posting of any such changes shall constitute User’s acceptance of this Agreement as modified.
     
13. Interpretation. The terms of this Agreement constitute the mutual agreement of the parties and shall be construed neutrally and not for or against any party. When used in this Agreement, the terms "include" or "including" means "including but not limited to." The headings in this Agreement are inserted for convenience; the provisions of this Agreement shall control.