onPeak Policies

Terms of Service

Use of the Website

As a condition of your use of this Website, you warrant that:

• You are at least 18 years of age.
• You possess the legal authority to create a binding legal obligation.
• You will use this Website in accordance with this Agreement.
• You will only use this Website to make legitimate reservations for you or for another person for whom you are legally authorized to act.

Limitation of Liability

The information published on this website may contain inaccuracies or errors, including pricing errors. In particular, onPeak and the hotel brands represented on the site do not guarantee the accuracy of, and disclaim all liability for any errors, other inaccuracies, or in the case of onPeak, decisions outside the reasonable control of onPeak relating to the information displayed for each hotel and other travel information displayed on this website (including, without limitation, pricing, photographs, ratings list of hotel amenities and prices associated with amenities, general hotel descriptions, travel details etc.). This information is provided to onPeak by a third party. The terms and conditions of such third party are contained here.

In addition, onPeak expressly reserves the right to correct any pricing errors on the website and/or on pending reservations made under an incorrect price. In such event, you will be offered the opportunity to keep your pending reservation at the corrected price or, at your option, you can cancel your reservation within the terms of your hotel’s cancellation policy. All amenity (i.e. parking, Internet access, breakfast etc.) costs are subject to change without notice. All taxes and fees are subject to change by local and state government.

onPeak may make improvements and/or changes on this website at any time without notice.

Data Privacy

The information published on this website may contain inaccuracies or errors, including pricing errors. In particular, onPeak and the hotel brands represented on the site do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information displayed for each hotel and other travel information displayed on this website (including, without limitation, the pricing, photographs, list of hotel amenities and prices associated with amenities, general hotel descriptions, etc.). In addition, onPeak expressly reserves the right to correct any pricing errors on the website and/or on pending reservations made under an incorrect price. In such event, you will be offered the opportunity to keep your pending reservation at the corrected price or, at your option, you can cancel your reservation within the terms of your hotel’s cancellation policy. All amenity (i.e. parking, Internet access, breakfast etc.) costs are subject to change without notice. All taxes and fees are subject to change by local and state government.

Credit Card Security

You acknowledge that onPeak is responsible for the security of sensitive financial data (credit card information) from the time it is provided to onPeak until the time onPeak releases it to the hotel. All onPeak systems are compliant with the strict guidelines outlined in the Payment Card Industry Data Security Standards (PCI DSS). Any questions regarding credit card security by the hotel should be addressed with the hotel directly.

What Information We Collect

As a global full-service provider for live events serving marketers, organizers, and event attendees, we from time to time request that you provide us with personal information. We may collect information, for example, when you request a proposal from us, place orders with us, establish an account with us, request information, interact with our customer service, participate in a marketing campaign, complete surveys, or use our websites. In some instances, we may need to supplement the information you provided with certain personal information about you obtained from third parties to process your online transaction.

In particular, we may collect:

• Contact Information: Name, title, addresses, email addresses, telephone numbers, facsimile number, and IP address.
• Transaction Information: Payment card information, financial account information, purchases, special requests, delivery details, and communications you have with us.
• Preference Information: Preferences you indicate to us or that we have observed such as your marketing preferences, areas of interest, and subscriptions to GES resources.
• Legal Information: Transaction fraud checks or flags, payment card refusals, and information or copies of documents you provide where the law requires you to prove your identity.
• Voluntary Information: Other information you voluntarily give us such as feedback, complaints, and survey responses.
• Observed Information: Information we collect about you while you use our websites such as the pages, services, or areas of our websites that you visit, your location, or which link has brought you to our website. This information is identifiable to you if you register at our website. See our Cookie Policy posted at our websites for more detail on how we use cookies and how you can disable them.

From our initial engagement with you, we may track your interactions with us so that we can better understand the scope of our relationship with you. For each interaction, we retain your name when you purchase goods or services from us, as well as the nature and amount of the purchase. We combine that with information with a record of information you request from us, how you respond to our emails and other electronic messages, and your activity at our websites (including our web based and mobile software applications, whether on our websites or third-party websites). We do not intend to collect any sensitive information from you and will not conduct any automated decision making.

Why We Collect Information

We use personal information for the following purposes:

Our Services

• To deliver the Services you have requested.
• To process your order, including credit evaluation, payment authorization, and collection of sums owed.
• To give you service notices and deal with any customer care issues you may have.
• To manage any registered accounts you may have with us.
• To create and secure an on-line account in our Subscription Centre, if you choose to establish one.
• To notify you of any changes to our Services.
• To provide services and fulfill our obligations to event organizers, venues, and hotels in connection with events you participate in including, without limitation, through the use of non-personal anonymous, aggregate, and statistical information.

Marketing

• To communicate with you regarding an upcoming show or event.
• To offer services at an upcoming show or event.
• When GES serves as an official contractor for an event or venue, to offer and/or fulfill certain authorized services through GES’ third party preferred contractors.
• To promote relevant GES offerings and suggestions related to your areas of interest or based on previously conducted business through a genuine understanding from us that there is a legitimate interest for that contact to take place.
• To deliver information you request and communicate about us and other GES brand offerings from our global affiliates, and recent developments that may be of interest to you.
• To advertise our products and services to you if they are relevant and appropriate to you.
• To maintain a profile of our ongoing relationship that allows us to better serve you and tailor our offers so that they are more likely to be of interest to you.
• To share with other companies within the GES brand affiliates as needed for reasonable management, analysis, planning and decision making, including in relation to taking decisions regarding expansion and promotion of our websites and services and for use by those companies for the other purposes described in this policy.

Research & Development

• To obtain your feedback, provide customer service, and track our performance.
• To ensure that all our online content that you access (whether as part of a Service or not) is presented in the most effective manner for you.
• To operate our websites more effectively and to promote our services on our website.
• To manage, conduct research, and improve how we operate and promote our services including, without limitation, through the use of non-personal anonymous, aggregate, and statistical information.

Analysis & Profiling

• To analyze your responses to our marketing communications (e.g. whether you open communications and/or interact).
• To analyze your browsing and purchasing activity.
• To use the analyses mentioned above, together with other demographic data, to contact you with information on products and offers relevant to you.
• To analyze customer choices in respect of our services to understand our target audience for the purposes of selecting similar customers for advertising purposes.

Legal Requirements

• For pursuing legal claims, crime and fraud prevention, detection and related matters.
• To verify your identity when considered necessary and/or appropriate.
• To assist in issues relating to your personal safety and the safety of others.
• To comply with laws applicable to our operations, to respond to requests from government authorities, to enforce our rights and protect property, and to satisfy our record keeping, regulatory, and legal requirements.
• If ownership of all our part of our business changes, or we undergo a reorganization or asset sale, including a merger or transfer, we will transfer your personal information to the new owner, receiver or successor company to enable us to continue to provide our services to you.

Sharing Your Information

In the case of Global Experience Specialists, Inc. and ON Services – AV Specialists, Inc., we may share your personal information with some of our affiliates and trusted third-parties to make certain Services available to you. Within our affiliated GES companies, we occasionally share your information as needed for purposes set forth in the section titled “Why We Collect Information” above. Third parties are permitted to use your personal information only to assist us in providing our Services to you or to offer complementary goods and/or services that we have good reason to believe may be of particular interest to you. We may also share this information with non-affiliated companies such as tradeshow organizers, venues, associations, exhibitors, and attendees for purposes of conducting events. Some of those third-party companies may have a pre-existing relationship with you, provide transactional services to you, or send information to you.

In the case of onPeak LLC, your information may be shared with event organizers, hotels, and other third parties as necessary to perform our contracts with event organizers. Certain communication and computer infrastructure services are provided by its affiliate, Global Experience Specialists, Inc.

More generally, we may share your personal information with:

• Payment services providers as required for card payments.
• Other third parties to meet legal, regulatory, insurance, audit, and other similar administrative needs.

All parties we share information with are required to treat your information confidentially and show that they have appropriate data protection and security controls, and that they protect personal information consistent with the principles articulated in this Privacy Policy. Wherever it is possible and reasonable, we will disclose only the minimum information necessary to complete and process an order.

Residents of Canada, EU member countries, and the State of California are entitled to additional protections with respect to onward transfer of personal information, which are set forth in the sections titled “Privacy Shield For Users From European Member Countries and Switzerland,” “Canadian Privacy Notice (Canadian Residents Only),” and “California Privacy Notice (California Residents Only),” respectively, below.

Finally, in the event we go through a merger, sale, bankruptcy, or other business transition, we reserve the right to transfer or assign your information that we have collected as part of any business transition. In some cases, such as bankruptcy, we may not be able to control how your personal information is used.

International Transfers

The nature of our business and our operations may require us on occasion to transfer personal information to our GES brand affiliates and third parties that may be located in countries outside of the United States. Accordingly, we comply with all applicable global privacy and data protection requirements. All cross-border transfers of your information will be in compliance with the local privacy laws of the jurisdiction from which we are transferring the data, as well as in compliance with the terms of this Privacy Policy. Furthermore, we will provide appropriate safeguards for cross-border transfers in accordance with our legal obligations under any applicable data protection laws. We comply with the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland. We maintain an active certification on the EU-US Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. Further information regarding Privacy Shield is provided in the section titled “Privacy Shield For Users From European Union Member Countries and Switzerland” below.

How We Safeguard Your Information

We employ reasonable technical and organizational measures to protect against the loss of, or unauthorized access to, the information under our control. Steps we have taken to enhance network and information security include industry standard infrastructure security, the implementation of Secure Socket Layer (SSL) encryption technology for payment transactions, digital certificates, and password protection for all web applications that contain personal information. All our web applications that deal with your personal information require a username and password to gain access. This allows us to verify who you are, thereby allowing you access to your account information, and preventing unauthorized access. You should not divulge this username and password to anyone. Although we take measures to protect your information, we cannot guarantee that your information will always remain secure.

Our Websites

To make your visit to our websites as productive as possible, we track information through the use of cookies, log files, text strings, browser settings, and/or other tracking technology. The way we collect information specifically about you is by using cookies. We will ask you for your consent to our use of cookies when you visit our websites. For more information about our use of cookies, please see the cookie policy displayed with our request for your consent. Once consent has been obtained, you may choose to withdraw that consent at any time by forwarding a request to us as provided in the section titled “Contact Us” in this document.

When you visit our website by clicking on certain banner ads or special offers on a partner’s website, we track this information to improve navigation and so we can deliver relevant information to you when you arrive at our website. We also do this because we want to determine if our ads and special offers are appealing to our users. In the course of serving our ads to you, a unique third-party cookie may be placed or recognized on your browser. In addition, we use web beacons, provided by our third-party ad server, to help manage and optimize our online advertising. These web beacons enable us to learn which ads we place on third-party sites bring users to our website. They do not capture or convey any personal or sensitive information about you.

While visiting our websites, you may receive personalized banner advertisements whilst browsing other websites. This is known as behavioral marketing and such advertisements are provided to us by our third-party providers using ‘cookies’ placed on your computer or other devices. Ad servers are subject to their own privacy policies. If you would like more information about the privacy policies of these ad servers including information on how to opt-out of their tracking methods, please visit the Network Advertising Initiative website.

We provide links at our websites to third party sites for your ease of use. This Privacy Policy will not apply to information collected by any third party, including through any third-party application or content (including advertising) that may link to or be accessible from our Services. We are not responsible for such third parties’ privacy practices. We encourage you to review their Privacy Policies before disclosing any information on their websites.

We do not knowingly solicit data online from or market online to children under the age of 13. If you are a parent or guardian of a child under the age of 13 and believe that personal information of a child may have been collected, please contact us as provided in the section titled “Contact Us” below to have it deleted.

Opting-Out of Further Communications

At any time you may:

• “Opt out" or “Unsubscribe” of receiving some or all emails from us such as service offers, subscriptions, periodic information and other correspondence by selecting the “Manage My Subscriptions” on emails from us or by contracting us as provided in the section titled “Contact Us” below.
• Withdraw your consent to our collection, use and disclosure of information at any time, subject to contractual and legal restrictions and reasonable notice. Note that if you withdraw your consent to certain uses of your information, we may no longer be able to provide certain Services.

Retention of Information We Collect

We will retain your information as follows:

• Unless we obtained your consent at time of collecting the personal information, personal information we collect will be retained for a period of three (3) years from your last activity with us. You may request us to delete your information at any time by contacting us as provided in the section titled “Contact Us” below.
• Information that must be maintained for legal purposes such as specific financial information in accordance with the relevant legislation and any applicable local / regulatory guidance (which may be for a longer period, often up to 7 years).

GDPR and Personal Data from the European Union

For personal data collected from a resident of a European Union member country, or otherwise collected in the European Union, we rely on legitimate interests as our lawful basis for processing. These interests include, without limitation, improving our service, maintaining a relationship with you so that we can provide information to you about our services, and better understanding your relevant interests so that we can personalize our relationship. We reserve the right to process your information for all of the purposes set forth in this Privacy Policy, or for which you otherwise consent. You have the right to object to any processing. You may make such a request by contacting us as provided in the section titled “Contact Us” below.

Additionally, we will honor your rights concerning your personal data including:

• Right to rectify inaccurate or incomplete information we process.
• Right to object to or restrict our data processing.
• Right to withdrawal of consent, at any time and we will stop processing your personal data without undue delay.
• Right to data portability, including rights to receive your personal data in a structured, commonly used, and machine-readable, and to have it forwarded to a third party controller.
• Right to erasure, commonly known as Right to be Forgotten.
• Right of access to your personal data with details of processing including, without limitation, categories of personal data processed, where the data is processed, categories of recipients who have received it, and the envisaged period for which the personal data will be stored.
• Right to lodge a complaint with a supervisory authority in your local jurisdiction.

For more information about our processing or to exercise your rights, contact us as provided in the section titled “Contact Us” below.

Privacy Shield for Data Subjects from European Union Member Countries and Switzerland

We are a global company and have facilities and affiliated companies throughout the world. Please note that we may collect, store and process your personal information in the United States or in other countries outside of the country where you live. The United States and/or these countries may not offer the same level of privacy protection for your personal information as is offered in the country in which you live. To address privacy concerns, we have certified to the Privacy Shield Frameworks.

We comply with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries (and Iceland, Liechtenstein, and Norway) and Switzerland transferred to the United States pursuant to Privacy Shield. We have certified that we adhere to the Privacy Shield Principles with respect to such data. If there is any conflict between the policies in this privacy policy and data subject rights under the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/.

Privacy Shield Frameworks — Further Details

With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, we are subject to the regulatory and enforcement powers of the U.S. Federal Trade Commission.

We will use our reasonable best efforts to maintain the security of your personal information, provide opt-in/opt-out notices as required by law where personal information is collected, use data in a manner consistent with its original purpose for collection, and offer mechanisms for you to assist in ensuring your personal information is accurate and reliable. In the event that we transfer your personal information or any other data regulated by Privacy Shield to a third party, we could be liable for any damages resulting from violations of applicable law arising from such onward transfer, provided that we were responsible for the event giving rise to such damage.

We may be required, and therefore reserve the right, to share your personal information in response to lawful information requests from governmental authorities or as otherwise required by law, including to meet national security or law enforcement requirements.

In instances where we disclose personal information to a third party, or if that information is to be used for a purpose different than the purpose for which it was originally collected, you may opt-out of such onward transfer of your personal information by notifying us of your decision by emailing us at ComplianceProgram@Viad.com or by writing a letter to us at:

Chief Compliance Officer
Viad Corp
1850 N. Central Avenue, Suite 1900
Phoenix, Arizona 85004-4565

You have the right to access, correct, or delete your personal information, and you may also limit our use or disclosure of your personal information, provided that you send us notice of any such request in an email to ComplianceProgram@Viad.com or by mail to:

Chief Compliance Officer
Viad Corp
1850 N. Central Avenue, Suite 1900
Phoenix, Arizona 85004-4565

In compliance with the Privacy Shield Principles, we commit to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to Privacy Shield. European Union and Swiss individuals with Privacy Shield inquiries or complaints should first contact us via email at ComplianceProgram@Viad.com, or by writing a letter to us at:

Chief Compliance Officer
Viad Corp
1850 N. Central Avenue, Suite 1900
Phoenix, Arizona 85004-4565

We have further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, a non-profit alternative dispute resolution provider located in the United States and operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit the BBB EU PRIVACY SHIELD website at www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information and to file a complaint. This service is provided to you free of charge.

If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction.

Canadian Privacy Notice (Canadian Residents Only)

We will comply with applicable Canadian data protection laws, such as the Personal Information Protection and Electronic Documents Act (PIPEDA), Alberta’s Personal Information Protection Act (PIPA) and other substantially similar Canadian federal and provincial laws regulating the collection, use and disclosure of personal information. We will not collect, use or disclose your personal information for any other purpose than those outlined above, except with your consent. We will respond to your request to access personal information as promptly as possible.

We may collect personal information from you through:

• Your Purchase of Services.
• Completed and returned surveys and comment cards.
• Requests for newsletters, brochures, or information.
• Your participation in any of our marketing campaigns.
• Visits to our website, if you voluntarily submit such information.

Your name, email address or any other personal information you may have shared, or choose to share with us in the future, will never be sold, traded, rented, given away or used for any other purpose than to provide you with the information or services you have requested or as required by applicable law. At all times, it is your choice whether or not you provide us with your personal information, and if you do not notify us of your objection to our use of your information as outlined within this Privacy Policy, we will consider you to have consented to such continued use.

California Privacy Notice (California Residents Only)

California Civil Code Section 1798.83 permits our visitors who are California residents to request and obtain from us, free of charge once per year, certain information regarding its disclosure of personal information to third parties for their direct marketing purposes. To fulfill the intent of the California law requiring websites to conspicuously post their privacy policies, we have included the following summary:

The purpose of this Privacy Policy is to identify the personal information we collect, describe how you can review and make changes to that personal information, describe how you can learn about changes to the Privacy Policy, and provide you with a mechanism to opt-out of certain marketing activities. If you wish to opt out of receiving solicitations from us, make a request to have your personal information modified or removed from our systems, or do not want us to share your personal information with partners for marketing purposes, you can record your preferences by emailing us at info@viad.com or writing to:

Chief Compliance Officer
Viad Corp
1850 N. Central Avenue, Suite 1900
Phoenix, Arizona 85004-4565

Other

By accessing the website, you are transferring your personal information to the United States and you consent to that transfer. If you are accessing the website from Asia or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, and the country is not a party to EU-US Privacy Shield or the Swiss-US Privacy Shield, the disclosure of personal information pursuant to this Privacy Policy is at your own risk. Except as expressly stated in this Privacy Policy, we make no representation that the practices described in this Privacy Policy are compliant with the laws where you live that apply to the collection, security, use, and disclosure of personal information.

Contact Us

To contact us with any requests concerning your information, questions regarding this Privacy Policy, or any related matter, please contact our Chief Compliance Officer at our parent company, Viad Corp:

Email:
complianceprogram@viad.com
Post:
Viad Corp
Attention: Chief Compliance Officer
1850 N. Central Avenue, Suite 1900
Phoenix, Arizona 85004-4565

We will use reasonable measures to verify the identity of a data subject before proceeding with a request. If you have provided an email address to us, please include it with your request. Once verified, a request received will be processed across all companies covered by this Privacy Policy and their GES brand affiliates.

Changes to Our Privacy Policy

We will occasionally update this Privacy Policy to reflect your feedback, to implement changes required by applicable law, or as we may otherwise deem necessary or appropriate. If there are material changes to this Privacy Policy or in how we use your personally identifiable information, we will prominently post such changes to the website prior to implementing the change. We encourage you to periodically review this Privacy Policy to be informed of how we are protecting your information.

Last Updated: December 1, 2018