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Terms and Conditions of Use & Privacy Policy

By using The Ballantyne Hotel web site, you agree to the following terms and conditions.

TERMS & CONDITIONS OF USE

This website for The Ballantyne Hotel is maintained by or on behalf of The Ballantyne Hotel ("Company"), and is hosted by CC Communications. The Ballantyne Hotel is solely responsibe for this website and its contents. By accessing and using the Site, you acknowledge and agree to the following terms and conditions:

Site Content
The Site and all content contained thereon including, images, photographs, logos and other materials, and the copyrights, trademarks, trade dress and other intellectual property rights in such materials are owned by The Ballantyne Hotel or its licensors, including The Ballantyne Hotel, Starwood Hotels & Resorts Worldwide, Inc. and its affiliates (collectively, "Starwood"). Luxury Collection and certain other trademarks appearing on the Site are used by Company under license from Starwood. The Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by The Ballantyne Hotel and Starwood.

Links
The Site may contain links to other websites. Company provides such links for your convenience only and is not responsible or liable for the actions of such independent websites. The inclusion of these links in no way indicates Company’s endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from such websites.

Cookies
The Site may use cookies, invisible pixels, web beacons and other technologies to obtain information about you.

Disclaimer
The Site and the content provided thereon is provided on an "AS IS" basis, without representations or warranties of any kind, either express or implied, including, but not limited to, warranties or title and implied warranties of merchantability or fitness for a particular purpose.

Limitation of Liability
IN NO EVENT SHALL COMPANY, STARWOOD, CC COMMUNICATIONS OR THEIR RESPECTIVE AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS BE LIABLE TO YOU FOR ANY LOSS OR INJURY OR ANY DAMAGES, EITHER DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR LOST SAVINGS) RESULTING FROM OR IN ANY WAY CONNECTED TO THE SITE OR THESE TERMS & CONDITIONS, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnity
You agree to indemnify and hold The Ballantyne Hotel, Starwood and their respective affiliates, officers, directors, agents and employees harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Site, your breach of these terms and conditions or your violation of any law or the rights of a third party.

Governing Law
Any disputes arising out of or related to the Site or these terms & conditions shall be handled individually without any class action, and shall be governed by, construed and enforced in accordance with the laws of the State of New York, excluding its conflict of law rules.

Modification
These terms and conditions may at any time by amended, modified or supplemented, and your continued use of the Website will constitute your acceptance of any such amendment, modification, or supplementation.

Copyright © 2009 The Ballantyne Hotel with portions of website content, © 2009 - 2010 Starwood Hotels & Resorts Worldwide Inc. All Rights Reserved.

PRIVACY POLICY

Our Mission

The Ballantyne Hotel & Lodge is dedicated to protecting your privacy and safeguarding your personally identifiable information. The Ballantyne Hotel & Lodge's mission is to consistently exceed our guests' expectations in terms of the products and services we provide to our business and leisure travelers. We strive to create an experience that is responsive to our guests' needs by using the information you entrust us with responsibly. The Ballantyne Hotel & Lodge is committed to respecting your privacy and adhering to the principles of applicable data protection and privacy laws throughout the world.

We have provided this Privacy Statement as an explanation of the information we collect, how we use it, and how the use of this information can benefit your experience on our web sites and during your relationship with us. We wish to help you make informed decisions, so please take a moment to read the sections below.

The Ballantyne Hotel & Lodge Websites

In order to provide multiple access points to the services and products The Ballantyne Hotel & Lodge operates directly, or through its affiliates or service providers, many web sites, including www.theballantynehotel.com, www.spaballantyne.com, www.golfballantyne.com and www.gallery-restaurant.com,
Starwood website www.luxurycollection.com/ballantyne. Any one of these web sites may ask for and collect personally identifiable information in order to enhance your experience and provide you with relevant information.

The Ballantyne Hotel & Lodge Information Collection

The Ballantyne Hotel & Lodge collects information about our guests and visitors to our web sites so that we can provide an experience that is responsive to our guests' and visitors' needs. Information may be collected as part of: fulfilling reservation or information requests, purchasing products, registering for program membership, submitting a job application, or responding to communications from us (e.g., surveys, promotional offers, or reservation confirmations). We endeavor to collect information only with your knowledge and with your permission if necessary. The types of personally identifiable information that we collect may include your name, home, work and e-mail addresses, telephone and fax numbers, credit card information, date of birth, gender, and lifestyle information such as room preferences, leisure activities, names and ages of children, and other information necessary to fulfill special requests (e.g., health conditions that require special room accommodations).

The Ballantyne Hotel & Lodge may also collect non-personally identifiable information about you, such as your use of our web sites, communication preferences, travel habits, aggregated data relative to your stays, and responses to promotional offers and surveys.

PURPOSE FOR COLLECTION, PROCESSING, AND DISCLOSURE:

Collection & Use
The Ballantyne Hotel & Lodge is fully committed to providing you with information about the collection and use of personally identifiable information (PII) furnished by, or collected from, visitors while using our web sites, products and services. It is our practice not to ask you for information unless we need it or intend to use it. Some of the primary purposes for collecting your PII are as follows:

Providing services such as processing a transaction (e.g., making a reservation, fulfilling a request for information, or completing a product order)

Marketing and communications with you in relation to the products and services offered by The Ballantyne Hotel & Lodge, our strategic marketing partners, and other trusted third parties

Performing market research via surveys to better serve your needs, improve the effectiveness of our web sites, your hotel experience, our various types of communications, advertising campaigns, and/or promotional activities

You will always be offered the choice not to submit your PII or to decide what communications you want to receive from us. However, doing so may cause certain transactions to become affected. For example, not providing a name will prevent the processing of reservations.

Processing and Disclosure
In most cases, the information you provide is added to a local or global database. In the course of processing your information, it may be necessary to transfer your PII to The Ballantyne Hotel & Lodge's affiliates, properties within the Starwood Hotels reservation system and/or third party service providers located in the United States and throughout the world for the purposes outlined within this Privacy Statement. As a general practice, Ballantyne does not sell, rent, or give physical possession of your PII to unaffiliated third parties outside the Starwood reservation system. Situations in which Ballantyne Resort may disclose your information to others include:

When we have received your consent to do so

In situations where sharing or disclosing your information is required in order to offer you products or services you desire (e.g., a vacation package)

When companies or services providers that perform business activities on behalf of The Ballantyne Hotel & Lodge require such information (e.g., credit card processing, customer support services, market research administration or database management services) *When a hotel or other property leaves the Starwood reservation system and access to your PII is necessary to facilitate business operations or meet contractual obligations *In the event The Ballantyne Hotel & Lodge is merged or acquired by another company *To comply with legal or regulatory requirements or obligations in accordance with applicable law or court order *In case of emergency such as to safeguard the life, health, or property of an individual

If information is shared as mentioned above, we seek to limit the scope of information that is furnished to the amount necessary for the performance of the specific function. Unless otherwise precluded by legal process, we require third parties to protect your PII and abide by applicable privacy laws and regulations.

CONSENT:

As part of our commitment to keep you informed, we may mail, e-mail, telephone, or contact you by other means to notify you of new The Ballantyne Hotel & Lodge products and services, or upcoming special offers, events, enhancements, or other relevant information that may be of interest to you.  You may also receive mailings or other communications from carefully selected third parties. We always offer you the option to decline any or all of these communications by following the directions included in our e-mails or other communications, or by contacting The Ballantyne Hotel & Lodge directly.

If you are a Starwood Preferred Guest (SPG) program member, you may also change your communication choices by updating your e-mail preferences in your individual membership profile in addition to visiting theballantynehotel.com to update your email preferences.

We would like to keep all of our guests and visitors informed and equally able to take advantage of the benefits offered by The Ballantyne Hotel & Lodge and its strategic marketing partners. However, if you reside outside of the United States, certain data privacy regulations may require us to obtain your permission before we send you information that you have not requested from us.

In some cases your permission will be implied from the nature of the service requested or transaction undertaken. For example, The Ballantyne Hotel & Lodge may collect and use personally identifiable information that you volunteer, or behavioral data or information collected in the aggregate. In addition, your permission will be deemed given for communications from us that are necessary to fulfill transactions and services that you request.

In certain circumstances, we will seek your express permission when we collect information that is regarded under certain data privacy regulations to be sensitive in nature (e.g., information revealing racial or ethnic origin, political opinions, or health conditions).

DATA TRANSFERS ACROSS INTERNATIONAL BORDERS:

As a global company, we endeavor to provide you with the same outstanding service in New York City, as you would find in Paris or Beijing. To achieve this goal, we have established a global network comprised of properties, offices, data centers, trusted marketing partners, service providers, customer contact centers, and trained associates around the globe. The nature of our business and our operations require us to transfer your information, including personally identifiable information (PII), to other group companies, properties, centers of operations, data centers, or service providers that may be located in countries outside of your own. Although the data protection and other laws of these various countries may not be as comprehensive as those in your own country, The Ballantyne Hotel & Lodge as part of Starwood will take appropriate steps to ensure that your PII is protected and handled as described in this Privacy Statement. Japan residents, please

ACCESS TO PERSONALLY IDENTIFIABLE INFORMATION:

To ensure that your personally identifiable information (PII) is accurate and up to date, we encourage you to regularly review and update your information as appropriate (e.g., in the event your home or e-mail address changes, or you wish to add an additional method for us to communicate with you). If you are a Starwood Preferred Guest (SPG) program member, you can review and update your individual membership profile on-line or with the assistance of a Starwood customer service representative. If you are not a SPG program member you can review and update your PII by contacting our Consumer Affairs Privacy Office and requesting an access form. Please note that in an effort to prevent the unauthorized disclosure of your PII, you may be asked to provide proof of identity (or other authentication materials) together with the completed access request form. Access to PII from non-SPG program members cannot be provided by telephone.

If, upon review, you wish to deactivate your SPG program member profile, or update your PII, we will endeavor to do so in a timely manner. Occasionally, information that you request to be removed will be retained in certain files for a period of time in order to properly resolve disputes or to troubleshoot problems. In addition, some types of information may be stored indefinitely on "back up" systems or within log files due to technical constraints, or financial or legal requirements. Therefore, you should not always expect that all of your PII will be completely removed from our databases in response to your request.

SECURITY SAFEGUARDS:

The Ballantyne Hotel & Lodge recognizes the importance of information security, and is constantly reviewing and enhancing our technical, physical, and logical security rules and procedures. All The Ballantyne Hotel & Lodge owned web sites and servers have security measures in place to help protect your personally identifiable information against loss, misuse, and alteration while under our control. Although "guaranteed security" does not exist either on or off the Internet, we safeguard your information using both procedural and technical safeguards, including password controls, "firewalls" and the use of up to 128-bit encryption based on a Class 3 Digital Certificate issued by VeriSign, Inc.  This allows for the use of Secure Sockets Layer (SSL), an encryption method used to help protect your data from interception and hacking while in transit.

ON-LINE TECHNOLOGIES:

The Ballantyne Hotel & Lodge or Starwood may use cookies, invisible pixels, and web beacons to obtain information about you while visiting our web sites. A cookie is a very small text file that is sent to your browser from a web server and stored on your computer's hard drive. It assigns the computer with a unique identifier, which in turn, becomes your identification card whenever you return to a Starwood web site.

Cookies are designed to save you time because they help us to provide you with a customized experience without you having to remind us of your preferences each time you return to our web pages. The Ballantyne Hotel & Lodge or Starwood cookies are not designed to damage your files, nor can they read information from other files on your computer hard drive.

Cookies can also help us provide you with a personalized on-line experience in the following ways:

they remember your user name and password for future visits so log-in is easier and faster

they ensure you are provided with the appropriate frames and content

they ensure you obtain all requested information

they help us deliver communications that are relevant and responsive to your interests and location

The Ballantyne Hotel & Lodge or Starwood cookies are limited to our web sites only, and are not designed to follow you when traveling on the Internet after leaving The Ballantyne Hotel & Lodge or Starwood owned web sites. We track the usage of our web sites in order to better meet your needs and to help make it easier for you to find information in the future. Please note that in addition to Starwood cookies, various third parties may also place cookies on your computer's hard drive. The Ballantyne Hotel & Lodge & Starwood is not responsible for the presence or absence of third party cookies, or for the technological capabilities or practices employed by third parties in connection with third party cookies.

If you would prefer not to have the benefits of cookies, your Internet browser can be adjusted to treat cookies in different ways. Depending upon the type of browser you are using, you may be able to configure your browser so that: (i) you are prompted to accept or reject cookies on an individual basis or (ii) you may be able to prevent your browser from accepting any cookies at all. You should refer to the supplier or manufacturer of your web browser for specific details about cookie security. However, you should also understand that rejecting cookies might affect your ability to perform certain transactions on our web sites and our ability to recognize your browser from one visit to the next.

The Ballantyne Hotel & Lodge & Starwood also uses invisible pixels, sometimes called web beacons, to count how many people visit certain web pages. Information collected from invisible pixels is used and reported in the aggregate and does not contain personally identifiable information. The Ballantyne Hotel & Lodge & Starwood may use this information to improve marketing programs and content.

LINKS TO OTHER WEB SITES:

In order to anticipate your needs, The Ballantyne Hotel & Lodge & Starwood provides links to other web sites for your convenience and information. The Ballantyne Hotel & Lodge & Starwood are not responsible or liable for any content presented by or contained on any independent web site, including, but not limited to, any advertising claims or marketing practices. Please note that while The Ballantyne Hotel & Lodge & Starwood will protect your information on The Ballantyne Hotel & Lodge and Starwood owned and operated web sites, we cannot control and will not be responsible for the privacy policies of third party web sites, including web sites owned or controlled by independent franchisees, third party owners of hotel, resort, interval ownership, or residence properties that may use the name of a The Ballantyne Hotel & Lodge or Starwood brand, or web sites not controlled or authorized by The Ballantyne Hotel & Lodge or Starwood. Third party web sites that are accessed through links on our web sites have separate privacy and data collection practices, and security measures. We have no responsibility or liability for the practices, policies and security measures implemented by third parties on their web sites. We encourage you to contact them to ask questions about their privacy practices, policies and security measures before disclosing any personally identifiable information. We recommend that you review the privacy statements and policies of linked web sites to understand how those web sites collect, use and store information.

MINORS:

The Ballantyne Hotel & Lodge and Starwood do not seek to obtain nor does it wish to receive personally identifiable information directly from minors; however, we cannot always determine the age of persons who access and use our web sites. If a minor (as defined by applicable law) provides us with his/her data without parental or guardian consent, we encourage the parent or guardian to contact us to have this information removed and to unsubscribe the minor from future Starwood marketing communications.

CONTACT US:

If you would like to update your information, modify your communication preferences, or if you do not want to receive marketing communications from The Ballantyne Hotel & Lodge or Starwood in the future please contact us as indicated below:

by e-mail:
info@theballantynehotel.com

by telephone:
1-866-248-4824

by fax:
704-248-4005

by writing to us at:
The Ballantyne Hotel & Lodge
c/o eCommerce Director
10000 Ballantyne Commons Parkway
Charlotte, NC 28277

UPDATES TO THE PRIVACY STATEMENT:

The Ballantyne Hotel & Lodge & Starwood may amend this Privacy Statement from time to time in order to meet changes in the regulatory environment, business needs, or to satisfy the needs of our guests, properties, strategic marketing partners, and service providers. Updated versions will be posted to our web site and date stamped so that you are always aware of when the Privacy Statement was last updated.

Revised: October 5, 2009

Copyright © 2009 The Ballantyne Hotel with portions of website content, © 2009 - 2010 Starwood Hotels & Resorts Worldwide Inc. All Rights Reserved.
Property Information Sheet