Welcome to the information platform, program and/or mobile application WHOSYOURGUEST (hereinafter called “the platform" and/or "WYG"). The platform is intended to store and share information about guests who engage in both positive and negative behavior during their stay in accommodation establishments duly registered to our network, provided they have granted their authorization, following the categories indicated for such purposes and provided that it is true and actual information. This, in order to develop a statistical relationship for sectoral analysis on the formulation of campaigns and proposals for continuous improvement, to establish statistics on casualties, areas and regions most affected, as well as persons who have incurred negative incidents, to ensure a strict risk management of the companies linked to the network derived from the provided service and to serve as a source of information for the acceptance, rejection of a reservation and/or any other necessary measure that is defined by the establishments, so as to establish specific security measures, to prevent or avoid new negative behaviors and to reward positive behavior.
1. GENERAL CONDITIONS AND ACCEPTANCE
These general conditions (hereinafter the "General Conditions") regulate the use the information platform www.whosyourguest.com that WHOS YOUR GUEST makes available to its users.
The use of the website www.whosyourguest.com, program and/or WYG applications, ascribes to the user the status of user (hereinafter, the "User") and expresses the full and unreserved acceptance of the User of each and every one of the General Conditions of the version published by WYG at the moment when the User accesses the Platform. Consequently, the User must read carefully the General Conditions in each occasion in which it is suggested using the Portal and is bound to comply with all the current provisions.
The use of certain services offered to Users through the Platform is subject to specific conditions that, depending on the case, replace, complete and/or modify the General Conditions (hereinafter, the "Particular Conditions"). Prior to the use of such services, therefore, the User must also read carefully the corresponding Particular Conditions and any modifications that are implemented to these terms and conditions.
By accessing or using the platform regardless of the use given on each occasion, you agree to be bound by this Agreement. Read the Agreement carefully. If you do not accept all of these terms and conditions, you are not authorized to use this site. Make sure you periodically enter to WYG to review the most recent version of the Agreement. We reserve the right at any time, in our sole discretion, to change or modify the Agreement in accordance with the Terms and Conditions herein and your access to or continued use of the platform means your acceptance of the updated or modified Agreement.
Likewise, the use of the Service is also subject to all warnings, regulations of use and instructions made to the User by WYG, which complete what is provided in these General Conditions as long as they do not oppose them, especially what has to do with the Policies of the Processing of the Information to guarantee at all times the Writ of Habeas Data.
1.1. ACCESS CONDITIONS AND USAGE OF THE PORTAL
The service provided by WYG requires the previous User subscription or registration with the respective validation as an authorized tour operator, as expressly indicated in the corresponding Particular Conditions.
By using the platform you declare that: (a) you are a hotel, hostel or another type of hosting service provider legally registered in your country; (b) that is associated with that establishment in a manager or owner capacity; (c) that all information provided by you on this website is true, accurate, current and complete; (d) that you will safeguard your account information, monitor and be fully responsible for any use of your account by anyone other than you; (e) that your use of WYG is directly related to your primary purpose of providing accommodation; (f) you have received prior, informed, express and unambiguous consent from your guests (in some countries it is required by law your written consent, either in your Terms and Conditions or separately) to transfer and share your personal information with the platform and its duly registered members; (g) that ensure that the privacy laws of your jurisdiction permits you the use of WYG and, (h) that you have the legal authority to accept this Agreement and use the platform in accordance with all Terms and Conditions described herein.
1.2. OBLIGATION TO MAKE A CORRECT USE OF THE PLATFORM AND SERVICES
The User agrees to use the Platform and Services in accordance with the law, these General Conditions, as well as with morality, good customs, and public order. In a special and plain manner, the User undertakes to comply with the Policies for the management of personal information and to facilitate to the holders the access to all the rights protection mechanisms, established by WYG.
The User undertakes to refrain from using the Platform and Services for illicit purposes or effects, contrary to what is established in these General Conditions, harmful to the rights and interests of third parties, or that in any way may damage, disable, overload or deteriorate WYG or prevent its normal use and/or Users’ enjoyment.
1.3. METHODS OF DATA COLLECTION
WYG is part of a clear purpose for the continuous improvement of hotel and tourist services in general, therefore the User is solely responsible for the obligations related to obtaining the necessary permits and the guests’ authorizations to use the information, both to consult and to report. The User must refrain from using the platform to report and/or consult when it does not have the respective authorization.
1.4. INTELLECTUAL PROPERTY
The modification, reproduction, publication or transfer of any content to other persons, or their use for any purpose is prohibited except to the extent permitted by law, it is prohibited to disassemble, decompile, reverse engineer or attempt by any means to break the content protection. All contents, elements and information of this Platform including all text, format, images, music, trademarks, logos, signs, commercial names, sounds, graphics, videos, animation, and other materials of the website, programs and/or applications are owned by WYG, its subsidiaries and affiliates and controlling shareholders, and those of third party contractors, licensors or assignors. Some of the Contents are protected by Copyright and trademark laws. Any unauthorized use of the Platform Services and Content that violates WYG's or other third party's proprietary and intellectual property rights may result in the initiation of appropriate legal action by rights holders. The access or use of this Platform shall not imply in any way the granting or negotiation of any license, right to use on any of the brands, names, logos, designs or protected Content by the intellectual property right of WYG or any third party, as appropriate. The creation of web pages, Internet sites, electronic documents, software or applications of any kind that contain hyperlinks or marks that redirect the navigator to any Content of this Website, without the corresponding authorization is not allowed.
1.5. CORRECT USE OF INFORMATION
The User undertakes to use the Contents in a diligent, correct and lawful manner and, in particular, undertakes to refrain from: (a) using the content in a way, for purposes or effects contrary to law, morality and generally accepted good customs, or public order; (b) reproducing, copying, distributing, permitting public access through any form of public communication, transforming or modifying the content, unless authorized by the holder of the corresponding rights or is legally permitted; (c) deleting, circumventing or manipulating the copyright and other identifying data of the rights of WYG or its holders incorporated into the contents, as well as the technical devices of protection, fingerprints or any information mechanisms that may contain Content; (d) utilizing the content and, in particular, information of any kind obtained through the Platform or the Services to forward advertising, communications for direct sale or any other commercial purpose, unsolicited messages directed to a plurality of people irrespective of their purpose, and to refrain from marketing or otherwise disclosing such information.