Privacy Policy
1. Controller
Any personal information collected by Enashipai Resort & Spa is controlled by Enashipai Resort & Spa at Prosperity House, Westlands Rd, Nairobi. Questions and other requests for additional information regarding Enashipai Resort & Spa’s handling of personal information or otherwise relating to this policy should be promptly sent to Enashipai Resort & Spa as set forth in Section 17.
2. Service Terms
If you intend to use the Website, your use of the Website is at all times subject to the service terms contained on the Website, and this policy. You should review this policy carefully, and be sure you understand it, prior to using the Website. Using the Website is deemed to be irrevocable acceptance of this policy. If you do not agree to this policy, you should not use, but should immediately exit, the Website. For purposes of this policy, accessing the Website only to review this policy is not deemed to be use of the Website.
3. Personal Information Collected
Enashipai Resort & Spa may collect your personal information through the Website and from other sources in the ordinary course of business. It does not, however, collect any personal information from you thorough the Website, unless it is provided voluntarily. If you decide to provide your personal information, Enashipai Resort & Spa will only retain personal information that is appropriate to fulfill your requests or for Enashipai Resort & Spa’s other legitimate business purposes (including, but not limited to, marketing). If you refuse to provide your personal information when requested to do so on the Website, you may not be able to access, or otherwise enjoy the benefits of, certain features of the Website.
4. Compliance
Enashipai Resort & Spa complies with all applicable laws relating to your personal information (including, but not limited to, the Children’s Online Privacy Protection Act, if applicable to the Website). While the Website is not intended for children under 13 years of age, if the parent or guardian of a user who is a minor discovers that the minor’s personal information has been submitted to Enashipai Resort & Spa without the parent’s or guardian’s consent, Enashipai Resort & Spa will use commercially reasonable efforts to remove such personal information from the Website and Enashipai Resort & Spa’s servers at the parent’s or guardian’s request. To request the removal of personal information of a minor, the parent or guardian must contact Enashipai Resort & Spa as set forth in Section 17, and provide, along with the request, the minor’s user name and legal name.
5. Protection of Personal Information
Except as provided in the immediately following sentence, Enashipai Resort & Spa will use commercially reasonable efforts to protect your personal information from unauthorised disclosure or destruction, loss and misuse. Certain personal information posted by you on the Website may be accessible to the general public, and Enashipai Resort & Spa is not responsible for protecting such information from unauthorised disclosure or destruction, loss or misuse. Since no transmission of information over the Internet or electronic storage of information is completely secure, it is possible that your personal information could be disclosed or destroyed without authorisation, lost or misused, even if Enashipai Resort & Spa uses such efforts. In providing personal information to Enashipai Resort & Spa, you must assume the risk that any such disclosure, destruction, loss or misuse could occur.
6. Use of Personal Information
Any personal information collected by Enashipai Resort & Spa may be used by it for any legitimate business purpose (including, but not limited to, marketing), unless expressly stated otherwise in this Section. Personal information that Enashipai Resort & Spa expressly states is collected for a specific purpose will only be retained and used for such purpose, unless you subsequently consent to its being used for another purpose. When you provide personal information to Enashipai Resort & Spa, whether or not for a specific purpose, Enashipai Resort & Spa may disclose such information to third parties (including, but is not limited to, fulfillment houses, billing services, transaction managers, credit verification services, and other third-party service providers) that Enashipai Resort & Spa has engaged to assist it in fulfilling your request or for other purposes permitted under this policy. Enashipai Resort & Spa may at any time, in its sole discretion, disclose and use any information (including, but not limited to, IP addresses), whether or not you furnished such information for a specific purpose, as appropriate to (a) comply with any applicable law or government request, (b) cooperate with law enforcement and other third parties in investigating a claim of fraud, illegal activity, or infringement of intellectual property rights, or (c) protect the rights, property or legitimate business interests of Enashipai Resort & Spa or a third party.
7. Analytical Information Collected
Enashipai Resort & Spa may collect through the use of “cookies” certain analytical information (including, but not limited to, IP address and its location, access date and time, connection speed, language, browser, operating system and computer used, and other analytical information), which is generally not personally identifiable, from you when you access the Website (collectively “Analytical Information”). Cookies are code placed on your computer by the Website that enable the Website to, among other things, recognise you as a prior user of the Website, provide the Website with details of your prior use and otherwise assist Enashipai Resort & Spa in making the Website more useful to you. Enashipai Resort & Spa may use permanent cookies that are saved on your computer until you delete them, and session cookies that are automatically deleted when your browser is closed. Your browser may provide you with the ability to not accept cookies, as well as the ability to delete already-existing cookies. If you refuse or delete cookies from the Website, you may not be able to take full advantage of some of the features on the Website.
8. Use of Analytical Information
Analytical Information will only be used by Enashipai Resort & Spa (a) to record your use of the Website, (b) to diagnose problems with the Website, (c) to improve the Website and make it more useful to users, and (d) for other legitimate business purposes of Enashipai Resort & Spa (including, but not limited to, marketing). However, Analytical Information will not be used by Enashipai Resort & Spa to examine other websites visited by you before or after your using the Website.
9. Third-Party Sites
The Website may contain links to websites provided by third parties (individually a “Third-Party Site”). Your use of a Third-Party Website will be subject to its terms of use and other provisions, for which you are responsible if you proceed to such Third-Party Website. This policy does not cover the privacy policies or practices of any Third-Party Website, and Enashipai Resort & Spa is not responsible for any information you submit to, or otherwise collected by, any Third-Party Website. Enashipai Resort & Spa is only responsible for personal information it collects from you in connection with your authorised use of the Website or from other sources in the ordinary course of business. You should consult each Third-Party Website for its privacy policy or practice before submitting any personal information to, or otherwise using, such Third-Party Website.
10. E-Mail
You may from time to time send Enashipai Resort & Spa an e-mail message in connection with your use of the Website or in the ordinary course of business. If you do, Enashipai Resort & Spa may collect and store your e-mail address and the contents of your message. Your e-mail address and the contents of your message will be used by Enashipai Resort & Spa to respond to you or for other legitimate business purposes.
11. Access
Upon your written request, you will be granted access to your personal information retained by Enashipai Resort & Spa for the purpose of correcting, amending or deleting it, except where the burden of providing such access would be disproportionate to the risks to your privacy or where the rights of a third party would be violated. You should contact Enashipai Resort & Spa for this purpose as set forth in Section 17.
12. Applicable Law
This policy will be governed by, and construed in accordance with, the laws of the Government of Kenya.
13. Disputes
Unless otherwise required, you and Enashipai Resort & Spa (a) will submit any dispute relating to this policy exclusively to a local, state court located in Kenya, and having subject matter jurisdiction over such dispute, and (b) consent to any such court being a proper venue, and waive any objection to its not being a proper venue (including, but not limited to, any such objection based on convenience), for such dispute. If you have a complaint, or desire additional information, regarding Enashipai Resort & Spa’s handling of personal information or otherwise relating to this policy, you should promptly contact Enashipai Resort & Spa as set forth in Section 17.
14. Entire Agreement
This policy, plus the service terms contained on the Website, if applicable, contain the entire agreement, and supersedes all prior oral and written proposals, understandings and agreements, between you and Enashipai Resort & Spa with respect to your personal information collected by Enashipai Resort & Spa.
15. Severability
Whenever possible, each provision of this policy shall be interpreted to be effective and valid under applicable law. If, however, any such provision shall be prohibited by or invalid under such law, it shall be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not so modified, it shall be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder of such provision, or any other provision of this policy, being prohibited or invalid.
16. Revisions
Enashipai Resort & Spa may revise any provision of this policy from time to time by posting the revised provision on the Website, with the revised provision taking effect as of the date of such posting. It is your responsibility to periodically check this policy on the Website for such revisions. Your use of the Website following the posting of any revision to this policy on the Website will be deemed an irrevocable acceptance by you of such revision so far as it relates to any personal information collected by Enashipai Resort & Spa through the Website.
17. Additional Information
If you have any questions, complaints or desire additional information regarding Enashipai Resort & Spa’s handling of personal information or otherwise relating to this policy, please promptly contact us at: info@enashipai.com