Privacy Policy

Welcome to the Estes-Park.com website (this “Website”). This Website is provided solely to assist users in gathering information about deals, local events, and information on Estes Park and Rocky Mountain National Park and for no other purposes. The terms “we”, “us”, “our” and “eMarketing” refer to Wells Associates, a Colorado limited liability company dba eMarketing.  The term “you” refers to the customer visiting this Website.

This Website is offered to you conditioned upon your acceptance without modification of any/all the terms, conditions, and notices set forth in this Privacy Policy (collectively, this “Privacy Policy”).  By visiting, using and/or submitting information to this Website, you are accepting the practices described in this Privacy Policy and the terms and conditions of our Terms of Use located at the URL www.estes-park.com/terms-of-use  (the "Terms of Use").  

Please read this Privacy Policy carefully. You acknowledge that this Privacy Policy is supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged. 

By visiting, using and/or submitting information to this Website, you are accepting the practices described in this Privacy Policy and the Terms of Use.  If you do not accept all of the terms and conditions of this Privacy Policy and the Terms of Use, please do not use this Website. Be sure to return periodically to review the most current version of this Privacy Policy and the Terms of Use. We reserve the right at any time, at our sole discretion, to change or otherwise modify this Privacy Policy and the Terms of Use without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Privacy Policy and Terms of Use.

We take your privacy seriously, and have published this Privacy Policy to explain how we treat all information you may submit to this Website.

COLLECTION OF PERSONALLY IDENTIFIABLE INFORMATION

Almost all of the features of this Website are available to you without your providing personally identifiable information. Personally identifiable information generally includes information that could be used to determine your identity, such as your name, address, phone number, e-mail address, and birth date. The following are certain situations in which we may collect personally identifiable information from you:

We collect personally identifiable information from you if you register online for one of our newsletters and/or if you submit personally identifiable information in connection with requesting information about lodging and other activities in Estes Park, Rocky Mountain National Park and the surrounding areas.  When you register online with us, we ask for personally identifiable information like your name, e-mail address, mailing address, ZIP code, personal interests and other demographic information.

·         Forms. We may collect personally identifiable information from you if you choose to fill out any forms, profiles, or surveys on this Website, including, without limitation, a Lodging Availability Request Form.

·         Correspondence. If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on this Website, we may choose to collect such information into a file specific to you.

·         Business Partners. We may receive your personally identifiable information from one of our business partners.

USE OF PERSONALLY IDENTIFIABLE INFORMATION

We use your personally identifiable information as follows:

·         to provide your information to lodging providers and other service providers that may meet your criteria, to provide your information to lodging providers and other service providers that may contact you with specials and/or send you brochures and other information about Estes Park, Rocky Mountain National Park and the surrounding areas and for us to contact you with specials and/or send you brochures and other information about Estes Park, Rocky Mountain National Park and the surrounding areas;

·         to improve our marketing and promotional efforts, analyze site usage, improve our content and product offerings, and customize our content, layout, and services;

·         to contact you and deliver information to you that, in some cases, is targeted to your interests, such as targeted banner advertisements, administrative notices, product offerings, and communications relevant to your use of this Website;

·         to fulfill your requests for certain products and services;

·         for market research, project planning, troubleshooting problems, detecting and protecting against error, fraud or other criminal activity, to enforce the Terms of Use, for other internal purposes, and as otherwise described to you at the time of collection; and

·         as otherwise set forth in this Privacy Policy.

You expressly agree to our use of your personally identifiable information as set forth in this Privacy Policy and the Terms of Use.

DISCLOSURE OF PERSONALLY IDENTIFIABLE INFORMATION

The following describes some of the ways that your personally identifiable information may be disclosed in the normal scope of business:

·         Advertisers. We may aggregate personally identifiable information and disclose such information in a non-personally identifiable manner to advertisers and other third parties for their marketing and promotional purposes. For example, we may aggregate personally identifiable information and disclose it to advertisers and lodging and service providers in a non-personally identifiable manner as set forth in the section entitled "Network Advertisers," set forth below. We do not disclose your information in a personally identifiable manner to such third parties without your consent.

·         External Service Providers. There are a number of separate services offered by third parties that we refer to as external service providers that may be complementary to your use of this Website.  If you choose to use these separate services, disclose information to the external service providers, and/or grant them permission to collect information about you, then their use of your information is governed by their privacy policy.  With your consent, we may provide some of your personal information to the external service provider offering such services, for your convenience. To prevent our disclosure of your personally identifiable information to an external service provider, you can decline such consent or simply not use their services. You should evaluate the practices of external services providers before deciding to use their services.

·         Internal Service Providers. We may use third parties that we refer to as internal service providers to facilitate or outsource one or more aspects of our business, product and service operations that we provide to you (e.g., technology, newsletters/alerts, advertising campaign management) and therefore we may provide some of your personal information directly to these internal service providers.  These internal service providers are subject to confidentiality agreements with us or other legal restrictions that prohibit their use of the information we provides them for any other purpose except to facilitate the specific outsourced or related operation, unless you have explicitly agreed or given your prior permission to them for additional uses. In some instances, the internal service provider may collect information directly from you. In these cases, you will be notified of the involvement of the internal service provider, and all additional information you provide them and their additional uses will be strictly up to you. If you provide additional information to an internal service provider directly, then their use of your personally identifiable information is governed by their applicable privacy policy.

Notwithstanding the foregoing, we reserve the right (and you authorize us) to share or disclose your personally identifiable information when we determine, in our sole discretion, that the disclosure of your personally identifiable information is necessary to identify, contact, or bring legal action against you if:

·         you are or may be violating this Privacy Policy or the Terms of Use;

·         you are interfering with another's rights or property, including, without limitation, our rights or property;

·         you are violating any applicable law, rule or regulation;

·         necessary or required by any applicable law, rule or regulation; and/or

·         requested by authorities in the event of any act of terrorism or instance of local, regional or national emergency.

Personally identifiable information and other personal information collected from you may also be transferred to a third party as a result of a sale, acquisition, merger, reorganization, other transfer or bankruptcy (a “Transfer”) involving us and/or its affiliates.  We specifically reserve the right to transfer personally identifiable information collected from this Website, and any of its databases, together with any personally identifiable information contained therein, to a third party in connection with a Transfer, and nothing in this Privacy Policy is intended to interfere with the ability of us to transfer all or part of our business and/or assets (including this Website) to an affiliate or independent third party at any time, for any purpose, without any limitation whatsoever.

In addition, due to the existing regulatory environment, we cannot ensure that all of your private communications and other personally identifiable information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example (without limiting the foregoing), we may be forced to disclose personal information to the government or third parties under certain circumstances or third parties may unlawfully intercept or access transmissions or private communications. Therefore, although we use industry standard practices to protect your privacy, we do not promise, and you should not expect, that your personally identifiable information or private communications will always remain private.

COOKIE TECHNOLOGY

"Cookies" are alphanumeric identifiers in the form of text files that are inserted and stored by your Web browser on your computer's hard drive.  We, our external service providers, internal service providers, and third-party advertising companies, may set and access cookies on your computer to track and store preferential information about you.  We, and our external service providers, internal service providers, and third-party advertising companies gather anonymous information about you through cookie technology on an aggregate level only. For example, a third-party advertising company may assign a cookie (and a Web beacon, described below) to you, to limit the amount of times you see a particular advertisement or to help better determine which advertisements to serve to you. Please note that most Internet browsers will allow you to stop cookies from being stored on your computer and to delete cookies stored on your computer.

WEB BEACONS

”Web beacons”, also called single-pixels (1x1) or clear GIFs, are electronic images that allow a Web site to access cookies and help track marketing campaigns and general usage patterns of visitors to those Web sites. Web beacons can recognize certain types of information, such as cookie numbers, time and date of a page view, and a description of the page where the Web beacon is placed. No personally identifiable information about you is shared with third parties through the use of Web beacons.

·         Internal use of Web beacons. We may use Web beacons internally to count users and recognize users through cookies. Access to cookies helps us to personalize your experience when you visit this Website.

·         Email. We may include Web beacons in HTML-formatted email messages that we or our agents send. Including Web beacons in email messages helps us determine your interest in and the effectiveness of such emails.

·         External use of Web beacons. We may also use Web beacons externally. For example, we may report aggregate information about our users, such as demographic and usage information, to its partners and other third parties. We may also include other company’s Web beacons within this Website.

SECURITY

Personally identifiable information you submit to us is password-protected for your privacy and security. In certain areas we use industry-standard SSL-encryption to protect data transmissions. In the unlikely event that an unauthorized third party compromises our security measures, we will not be responsible for any damages directly or indirectly caused by an unauthorized third party's ability to view, use or disseminate such information.

LINKS TO OTHER WEBSITES

This Website may include links to other third party websites. Such links are not an endorsement by us of those websites and/or the products or services offered there. Third party websites may have different privacy policies and we are not responsible for the privacy practices of those third party websites. If you click on a link to a third party website, we encourage you to check this Privacy Policy of that website, as it may differ substantially from that of this Privacy Policy.

ACCESS AND USE OF THIS WEBSITE

As a condition of your use of this Website, you warrant that you are 13 years of age or older in order to submit personal information to this Website. We do not knowingly collect the information of anyone under the age of 13. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.

CHANGES TO THIS PRIVACY POLICY

We reserve the right to update, amend and/or change this Privacy Policy at any time in our sole discretion and without notice. Updates to this Privacy Policy will be posted here. Any information we collect from you online is subject only to our most current Privacy Policy. You are encouraged to revisit this Privacy Policy from time to time in order to review any changes that have been made. Our last update was Dec. 1, 2011. Your continued access and use of this Website following the posting of any such changes shall automatically be deemed your acceptance of the same.

YOUR CALIFORNIA PRIVACY RIGHTS

California Civil Code Section 1798.83 permits California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please email webmaster at estes-park.com.

GENERAL

This Website is operated by a U.S. entity and this Agreement is governed by the laws of the State of Colorado, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Colorado, USA and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of this Website. You agree that all claims you may have against us arising from or relating to this Website must be heard and resolved in a court of competent subject matter jurisdiction located in the state of Colorado. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.

You agree that no joint venture, agency, partnership, or employment relationship exists between you and us as a result of this Agreement or use of this Website.

Our performance is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.

This Privacy Policy and the Terms of Use (and any other terms and conditions referenced herein) constitute the entire agreement between you and us with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to this Website. A printed version of this Privacy Policy and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Agreement or this Privacy Policy to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.

Any rights not expressly granted herein are reserved.

Service Help

For answers to your questions, email us at :  webmaster@estes-park.com

©2011 Wells Associates LLC, dba eMarketing. All rights reserved.