MOBILE APPLICATION TERMS & CONDITIONS AND PRIVACY NOTICE
Effective Date: 25 May 2018
CARNIVAL MOBILE APPLICATION
INTRODUCTION AND OVERVIEW
1. THE APPLICATION
2. LICENSE GRANT AND USE RESTRICTIONS
3. INTELLECTUAL PROPERTY RIGHTS
4. NO RESPONSIBILITY FOR THIRD PARTY CONTENT AND SERVICES
5. ACCOUNTS, PROFILES AND SOCIAL FEATURES
6. PURCHASE OF CHAT SUBSCRIPTION
7. TERM AND TERMINATION
8. DISCLAIMER OF WARRANTIES
9. LIMITATION OF LIABILITY
11. DISPUTE RESOLUTION BY BINDING ARBITRATION
Third Party Terms [APPLE, GOOGLE]
CARNIVAL MOBILE APP PRIVACY NOTICE
1. INFORMATION WE COLLECT
2. HOW DO WE USE THE INFORMATION WE COLLECT?
4. PROMOTIONS, CONTESTS, AND SWEEPSTAKES
5. DISCLOSING INFORMATION TO THIRD PARTIES
6. YOUR CONTROL OVER YOUR INFORMATION
7. THIRD PARTY TRACKING AND ONLINE ADVERTISING
8. SECURITY PROCEDURES TO PROTECT INFORMATION
9. LINKS TO THIRD PARTY SERVICES
10. YOUR CALIFORNIA RIGHTS
11. FOR CUSTOMERS IN THE EU
12. CHANGE TO THIS PRIVACY NOTICE
13. CHILDREN'S POLICY
14. YOUR COMMENTS ARE APPRECIATED
End User License Agreement for
CARNIVAL MOBILE APPLICATION
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT CLICK THE “ACCEPT” BUTTON OR DOWNLOAD, INSTALL OR USE THE APPLICATION.
Introduction and Overview
Please read this end user software license agreement (“License”) carefully before clicking the “Accept” button or downloading or using the Carnival Mobile Application (“Application” or “App”). As used herein, “Application” includes, without limitation, any services specific to the Application, software code, scripts, interfaces, graphics, displays, text, images, artwork, music or video clips, documentation and other components or content and any updates, modifications or enhancements to these items accompanying the Application or this License. These terms are an agreement between You and Carnival Cruise Lines (“Carnival,” “us,” and “our”) and its affiliates (individually and collectively, “Carnival”). “You,” “Your” and “Licensee” in this License refer to You, an individual, and/or to the company or other legal entity on whose behalf You accept this License.
TO USE MANY OF THE FEATURES OF THIS APP, YOU MUST BE ON BOARD A CARNIVAL VESSEL.
This Application is licensed to You by Carnival for use strictly in accordance with the terms and conditions of this License. By clicking the “accept” button or downloading or using the Application, You are entering into and agreeing to be bound by the terms of this License, the Carnival Terms and Conditions located at Terms and Conditions, the Carnival Mobile App Privacy Notice located at Privacy Notice, each as amended from time to time, which policies are incorporated herein by reference. If there are any inconsistencies between this License and the Carnival Terms and Conditions or between the Carnival Mobile App Privacy Notice and the Carnival.com Privacy Notice, this License and the Carnival Mobile App Privacy Notice, respectively, take precedence with respect to the Application. If at any time after reviewing the Application You wish to terminate this License, You must un-install and remove the Application from Your Device, and delete any copy in Your possession.
Your use of the Application also may be governed by terms and conditions required by (i) any applicable third party content and service providers, (ii) the manufacturer and other providers of Your Device and its hardware and software components, including its operating system, (iii) the online store or other applicable distributor through which You obtain the Application, (iv) the applicable wireless service agreement for Your Device, (v) any applicable open source or third party software license, and (vi) the terms or conditions governing Your personal accounts for web content services You access through the Application ((i) through (vi), including without limitation those terms listed in the “Third Party Terms” section of this License, collectively being referred to as the “Related Agreements”). No Related Agreement, however, shall have the effect of limiting, encumbering or otherwise restricting Carnival’s rights and remedies or Your obligations under this License, or waiving any restrictions on Your rights to use the Application under this License. This License shall not have the effect of limiting, encumbering or otherwise restricting Carnival’s rights and remedies or Your obligations under any Related Agreement between You and Carnival, or waiving any restrictions on Your rights under any Related Agreement between You and Carnival. You understand and agree that even if You are not the account-holder for Your Device, Your purchase and use of the Application is governed by terms and conditions in the applicable service wireless service agreement for Your Device.
If Carnival makes any updates or upgrades to the Application available to You, such updates or upgrades shall be subject to the terms and conditions of this License unless the Application is expressly provided to You under other, or additional terms and conditions, in which case, those other, or additional terms and conditions (which may include the payment of additional fees), shall apply.
IF YOU ARE BETWEEN THE AGES OF THIRTEEN (13) AND SEVENTEEN (17), YOU MAY USE THIS APPLICATION ONLY WITH THE INVOLVEMENT OF A PARENT OR GUARDIAN WHO AGREES TO THESE TERMS AND TO BE RESPONSIBLE FOR YOUR USE.
IF YOU ARE UNDER THE AGE OF 13, YOU MAY ONLY USE THIS APPLICATION WITH THE EXPRESS CONSENT OF YOUR PARENT OR LEGAL GUARDIAN.
Your Parent or Legal Guardian can provide Carnival with their consent in the following ways:
- Using a credit card, debit card, or other online payment system that provides notification of each separate transaction to the account holder;
- Providing consent when granting You authority to make charges to Your parent’s Sail & Sign account;
- If onboard a Carnival Vessel, providing a copy of a form of government issued ID to Guest Services.
Each time You access and/or use the Application (other than to simply read the terms and conditions of this License), You agree to be bound by and comply with the terms and conditions of this License, the Carnival Terms and Conditions, the Carnival Mobile App Privacy Notice and any other applicable terms and conditions set forth in any Related Agreements. DO NOT USE THIS APPLICATION IF YOU DO NOT AGREE.
The business realities associated with operating the Application are such that, without the conditions that are set forth in this License – such as Your grants and waivers of rights, the limitations on our liability, and Your indemnity to us – we would not make the Application available to You.
THIS LICENSE IS SUBJECT TO THE ARBITRATION PROVISION INCLUDED IN SECTION 11 OF THIS LICENSE.
1. THE APPLICATION: In order to access the Application while aboard Carnival Vessels (“Vessels”), You will need access to the unsecured Carnival Wi-Fi Service (“Wi-Fi”). Please review the Terms of Service & Acceptable Use Policy for the Carnival Wi-Fi Service onboard prior to accessing Wi-Fi.
The Application allows You to effortlessly find up-to-date information about Your Carnival cruise:
- Before check-in, countdown to Your cruise and share the application with Your friends.
- After check-in, when You log in with WiFi, You will be able to access information regarding onboard activities, restaurants, menus, open times, entertainment, ports of call, spa services, and shopping.
You can also:
- Create an online profile. You can choose an avatar from Facebook or Your phone image library and whether to make Your profile public or private.
- View ship messages and announcements
- See what's happening every minute of every day
- Save favorite activities to one convenient list
- If You purchase the Application Chat function, You can add other cruisers who have also purchased the Application Chat function to Your contacts and Chat with them during Your cruise.
Voice, data and messaging rates may apply when You use this Application.
1.1 CONSENT TO USE LOCATION INFORMATION: By using this Application, You agree that Carnival may collect and share Your Location Information for such purpose. If You do not want Your Location Information collected either do not download/use the Application or You may modify Your Device settings to disable collection of Your Location Information.
1.2 CONSENT TO DISCLOSE PERSONAL INFORMATION: This Application allows You to create a Profile in which You can share Your name, Your cruise itinerary, plans, and other information regarding Your cruise. This Application also allows You to view some of the Personal Information of the contact that You add to Your Profile. In addition, if You elect to purchase the Application Chat function, You can communicate with contacts that You add to Your profile. You and the contact with whom You communicate will be able to view past Chats. You consent to the display of Your personal information, including without limitation Your name, photo, or other information, by the Application.
2. LICENSE GRANT AND USE RESTRICTIONS.
2.1 License Grant. Subject to the restrictions set forth in Section 2.2, Carnival grants You a personal, revocable, non-exclusive, non-transferable, limited right to install and use one copy of the Application on a single device owned and controlled by You (“Device”), and to access and use the Application on such Device solely for Your personal entertainment use, strictly in accordance with the terms and conditions of this License, the Related Agreements, and all applicable local, national, and international laws and regulations. You represent, warrant and agree that You are using the Application solely for Your own personal entertainment use and not for redistribution or transfer of any kind.
2.2 Restrictions on Use. You shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application, even for research purposes; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Application; (c) violate any applicable laws, rules or regulations in connection with Your access or use of the Application; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Carnival or its collaborators, suppliers or licensors; (e) use the Application in a manner that derives revenue directly from such use, or use the Application for any other purpose for which it is not designed or intended; (f) install, use or permit the Application to exist on more than one Device at a time or on any other mobile device or computer; (g) distribute the Application to multiple Devices; (h) make the Application available over a network or other environment permitting access or use by multiple Devices or users at the same time; (i) use the Application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by Carnival; (j) use the Application to send automated queries to any website or to send any unsolicited commercial e-mail; (k) use any proprietary information or interfaces of Carnival or other intellectual property of Carnival in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Application; (l) circumvent, disable or tamper with any security-related components or other protective measures applicable to the Application or the Device or (m) reproduce, archive, retransmit, distribute, disseminate, sell, lease, rent, exchange, modify, broadcast, synchronize, publicly perform, publish, publicly display, make available to third parties, transfer or circulate the Application. You agree to abide by the rules and policies established from time to time by Carnival. Such rules and policies may include, for example, required or automated updates, modifications, and/or reinstallations of the Application and obtaining available patches to address security, interoperability or performance issues. These obligations survive termination of this License.
3. INTELLECTUAL PROPERTY RIGHTS.
3.1 Rights to Application. You acknowledge and agree that the Application, any copies thereof (including without limitation any copy that You download, install, or use on Your Device), and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of Carnival or its collaborators, licensors, or suppliers. Furthermore, You acknowledge and agree that the source and object code of the Application and the format, directories, queries, algorithms, structure and organization of the Application are the intellectual property and proprietary and confidential information of Carnival and its collaborators, licensors and suppliers. Title to the Application shall remain with Carnival. Carnival and its collaborators, licensors, and suppliers reserve the right to change, suspend, terminate, remove, impose limits on the use of or access to, disable access to, or require the return of the Application (or any copy thereof) at any time without notice and will have no liability for doing so. Except as expressly stated in this License, You are not granted any intellectual property rights in or to the Application by implication, estoppel or other legal theory, and all rights in and to the Application not expressly granted in this License are hereby reserved and retained by Carnival.These obligations survive termination of this License.
3.2 Carnival Marks. Carnival owns all right, title and interest in and to all trademarks, service marks, and trade names included in the Application. For additional information about Carnival’s copyright, trademark and other intellectual property rights, please click here www.carnival.com/about-carnival/legal-notice/copyright.aspx. You are not authorized to use the Carnival Marks in any advertising, publicity or in any other commercial manner without the prior written consent of Carnival, which may be withheld for any or no reason. These obligations survive termination of this License.
3.3 Open Source Software. The Application may utilize or include third party software that is subject to open source license terms (“Open Source Software”). You acknowledge and agree that Your right to use such Open Source Software as part of the Application is subject to and governed by the terms and conditions of any applicable open source license, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein (collectively, the “Open Source License Terms”). In the event of a conflict between the terms of this License and the Open Source License Terms, the Open Source License Terms shall control.
4. NO RESPONSIBILITY FOR THIRD PARTY CONTENT AND SERVICES.
4.1 General. You acknowledge that the Application may permit access to products, services, websites, advertisements, promotions, recommendations, advice, information, and materials created and provided by advertisers, publishers, content collaborators, marketing agents, vendors and other third parties (“Third Party Content and Services”).
4.2 Disclaimer. You acknowledge that Carnival does not investigate, monitor, represent or endorse the Third Party Content and Services (including any third party websites accessed through the Application). Furthermore, Your access to and use of the Third Party Content and Services is at Your sole discretion and risk, and Carnival shall have no liability to You arising out of or in connection with Your access to and use of the Third Party Content and Services. Third parties may collect information about You and Your Device if You choose to use Third Party Content and Services. Carnival and its collaborators, suppliers, and licensors are not responsible for third parties’ data collection practices. Carnival encourages You to review the third parties’ privacy policies.
4.3 Third Party Terms of Service. You acknowledge and agree that Your access to and use of the Third Party Content and Services and any correspondence or business dealings between You and any third party using the Application are governed by and require Your acceptance of the terms of service of such third party, including, without limitation, any terms, privacy policies, conditions, representations, warranties or disclaimers contained therein. You assume all risks arising out of or resulting from Your transaction of business over the Internet and with any third party, and You agree that Carnival and its collaborators, suppliers, and licensors are not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers. Furthermore, You acknowledge and agree that this License does not grant You any license to (i) the Third Party Content and Services; (ii) any products, services, processes or technology described in or offered by the Third Party Content and Services; or (iii) any copyright, trademark, patent or other intellectual property right in the Third Party Content or Services or any products, services, processes or technology described or offered therein. You agree that You will not use Third Party Content or Services in a manner that would infringe or violate the rights of any other party, and that Carnival and its collaborators, suppliers, and licensors are not in any way responsible for any such use by You.
4.4 Endorsements. You acknowledge and agree that the provision of access to any Third Party Content and Service shall not constitute or imply any endorsement by Carnival of such Third Party Content and Services.Carnival reserves the right to restrict or deny access to any Third Party Content and Services otherwise accessible through the Application, although Carnival has no obligation to restrict or deny access even if requested by You.
4.5 Inaccurate or Inappropriate Materials. You understand that by accessing and using the Third Party Content and Services, You may encounter information, materials and subject matter (i) that are incomplete or inaccurate; (ii) that You or others may deem offensive, indecent, or objectionable; (iii) which may or may not be identified as having explicit language, and (iv) that automatically and unintentionally appears in search results, as a link or reference to objectionable material. Notwithstanding the foregoing, You agree to use the Third Party Content and Services at Your sole risk and that Carnival and its collaborators, suppliers, and licensors shall have no liability to You for information, material or subject matter that is found to be incomplete, inaccurate, offensive, indecent, or objectionable.
5. ACCOUNTS, PROFILES AND SOCIAL FEATURES
5.1 Accounts. In order to access or use the features on the Service, You must be onboard a Vessel. The Application’s practices governing any resulting collection and use of Your personal information are disclosed in its Privacy Notice. IF YOU ARE UNDER THE AGE OF THIRTEEN (13) THEN CARNIVAL MUST OBTAIN VERIFIABLE CONSENT FROM YOUR PARENTS BEFORE YOU CAN REGISTER AS A USER, CREATE A PROFILE PAGE, SUBMIT PERSONAL INFORMATION TO US, OR OTHERWISE USE THIS APPLICATION. FOR INFORMATION ON THIS PROCESS, SEE GUEST SERVICES ON BOARD.
Your username will be your cruise Folio number and Your password will be the month and day of your birth (mm/dd) and You agree that: (i) You will not use a username (or e-mail address) that is already being used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive. We may reject the use of any password, username, or e-mail address for any other reason in our sole discretion; (ii) You will provide true, accurate, current, and complete registration information about Yourself in connection with the registration process and, as permitted, to maintain and update it including on Your Profile Page, continuously and promptly to keep it accurate, current, and complete; (iii) You are solely responsible for all activities that occur under Your account, password, and username – whether or not You authorized the activity; (iv) You are solely responsible for maintaining the confidentiality of Your password and for restricting access to Your Device so that others may not access any password protected portion of the Application using Your name, username, or password; (v) You will immediately notify us of any unauthorized use of Your account, password, or username, or any other breach of security; (vi) You will not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and You will not post private or confidential information via the App, including, without limitation, Your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses; (vii) You will not use the App for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to Your use of the App and your Content (defined below), including but not limited to, copyright laws; (viii) You will not interfere or disrupt the App or servers or networks connected to the App, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature; and (ix) You will not sell, transfer, or assign Your account or any account rights.
We will not be liable for any loss or damage (of any kind and under any legal theory) to You or any third party arising from Your inability or failure for any reason to comply with any of the foregoing obligations.
If any information that You provide, or if we have reasonable grounds to suspect that any information that You provide, is false, inaccurate, outdated, incomplete, or violates any applicable terms or conditions or law, then we may suspend or terminate Your account. We also reserve the more general and broad right to terminate Your account or suspend or otherwise deny You access to it or its benefits – all in our sole discretion, for any reason, and without advance notice or liability.
5.2 Profiles. When You are on board Your Vessel, You can create a Profile. To create a Profile, You must be logged in to the Vessel’s Wi-Fi. Click here for terms and conditions related to the Carnival Wi-Fi Service. You must enter Your cruise Folio number, and the month and day of Your birth (mm/dd). You may be able to create a nickname and/or choose a profile picture. However, if You choose to submit photographs to the Application or include other images of real people, then make sure they are of You or of You and someone You know – and only if You have their express permission to submit it. EACH MEMBER OF YOUR TRAVELING PARTY MUST CREATE HIS OR HER OWN PROFILE IN ORDER TO ACCESS THE APP AND RELATED SERVICES.
Without limiting the foregoing, Profile Pages may not include content that You are attempting to sell through the Application, and cannot be used to conduct commercial activities, including, but not limited to, transactions, advertising, fundraising, contests or other promotions absent our prior written consent. We may offer You the ability to set preferences relating to Your profile or Application activities, but settings may not become effective immediately or be error free, and options may change from time-to-time. We assume no responsibility or liability for users’ Profile material.
We do not review Profile Pages to determine if they were created by an authorized person or an appropriate party, and we are not responsible for any unauthorized Profile Pages that may appear on the Application. If there is any dispute as to whether a Profile Page has been created or is being maintained by an authorized representative of the individual who is the subject of that Profile Page, then we shall have the sole right, but are not obligated, to resolve such dispute as we determine is appropriate in our sole discretion. Such resolution may include, without limitation, deleting or disabling access to Profile Pages, or any portion thereof, at any time without notice.
5.3 Family and Friends. The Family and Friends feature allows You to plan Your shipboard activities with Your Family and Friends and other guests and to Chat with each other with the Chat function. Each person must purchase their own subscription for the Carnival Chat function in order to utilize this feature. You can add family members and friends to Your contacts. Family and Friends can share itinerary and activity information.
To invite Family or Friends who have their own App Profiles, You will need to sign in to the App and send Your Family Member or Friend an invitation to their e-mail address. When a Family Member or Friend accepts Your information, that person can see Your name or nickname, Your Profile photograph, and Your entire trip itinerary. Family and Friends who are on Your reservation will also be able to see Your reservation information.
Your Family Members and/or Friends may also send You an invitation. You acknowledge that by sending and/or accepting an invitation to connect on the App, You authorize that Family Member or Friend to plan or modify activities for You without notice to You. Carnival is not liable or responsible for the conduct of the family or friends You choose to connect with on the App, including in the planning or modification of activities on Your behalf, or for a family or friend’s use of any information You choose to share with the family or friend.
If You create a profile for a Family Member or a Friend who does not have his or her own App account, You are not creating an App account for that person. Instead, You are providing information about that Family Member or Friend in order to add him or her to activities on that person’s behalf. You may remove Family Members or Friends from these “Managed Profiles” at any time.
5.4 User Generated Content. Carnival may allow You to upload certain images, graphics, photos, audio and video clips, statements and other content or materials (collectively, "Content") on or through the App. You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the App. You are solely responsible for your conduct and any Content that You post on or through the App. Carnival may, but has no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that Carnival determines in its sole discretion violates this License.
Carnival does not claim ownership of any Content that You post on or through the App. Instead, you hereby grant to Carnival a non-exclusive, perpetual, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use publish and distribute the Content that you post on or through the App in all media and types of advertising and promotion throughout the world. You represent and warrant that: (i) You own the Content posted by You on or through the App or otherwise have the right to grant the rights and licenses set forth in these terms; (ii) the posting and use of your Content on or through the App does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) You agree to pay for all royalties, fees, and any other monies owed by reason of Content You post on or through the App; (iv) no advertisement or other materials need be submitted to You for further approval and Carnival shall be without liability to You for any distortion or illusionary effect resulting from the publication of my biography, picture, and likeness; and (v) You have the legal right and capacity to enter into this License in your jurisdiction. Additionally, You expressly release Carnival from and against any and all claims which You may have at any time for the remuneration, invasion of privacy, rights of publicity, defamation or any cause of action arising out of Carnival’s use or any advertisement, marketing device or other publication relating to Carnival’s use of your Content.
6. PURCHASE OF CHAT SUBSCRIPTION
6.1 The Application Chat function will enable You to communicate (“Chat”) with Your Friends and Family while on the Vessel. All Friends and Family who are identified as “travel with,” “same cabin” or “same account” on Your Folio will automatically be pre-loaded as contacts. In order to Chat with anyone else, You must first add them to Your Profile and they must accept Your invitation to Chat. In order to use the Carnival Chat function, You must purchase a subscription. A valid/funded/activated sail and sign card is required for purchase. Your Friend and/or Family Member must also be subscribed to Carnival Chat. The purchase of a Carnival Chat subscription is a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable right to use the Chat function for the duration of Your Carnival sailing. Accordingly, Youhave no property, proprietary, intellectual property, ownership, or monetary interest in Your Chats, which remain our Content. The right may be immediately suspended or terminated for any reason, in our sole discretion, and without advance notice or liability. We may modify usage subscriptions and virtual items at our sole discretion, and such modifications may make the usage subscriptions or virtual items more or less common, valuable, effective, or functional.
6.2 You may not purchase, sell, barter, or trade any usage subscriptions or virtual items, or offer to purchase, sell, or trade any usage subscriptions or virtual items. Any such attempted transfer will be null and void.
6.3 If we suspend or terminate any usage subscriptions or virtual items, then You will forfeit the suspended or terminated subscription or items, except as may be set forth in any additional terms (such as any refund policies that may apply to a subscription service). Likewise, except as may be set forth in any additional terms or as required by applicable law, we are not responsible for repairing or replacing same, or providing You any credit or refund or any other sum, in the event of our modification of any usage subscriptions or virtual item, or for loss or damage due to error, or any other reason.
7. TERM AND TERMINATION. This License shall be effective until terminated. Carnival may, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate this License and the rights afforded to You hereunder with or without prior notice. Furthermore, if You fail to comply with any terms and conditions of this License, then this License and any rights afforded to You hereunder shall terminate automatically, without any notice or other action by Carnival Upon the termination of this License, You shall cease all use of the Application and uninstall the Application. Carnival may, without notice to You, disable the Application. Carnival will not be liable to You or any third party for compensation, indemnity, or damages of any sort as a result of terminating this License in accordance with its terms, and termination of this License will be without prejudice to any other right or remedy Carnival may have, now or in the future. These obligations survive termination of this License.
8. DISCLAIMER OF WARRANTIES. YOU ACKNOWLEDGE AND AGREE THAT THE APPLICATION, INCLUDING ALL CONTENT CONTAINED THEREIN OR ACCESSED THEREBY, IS PROVIDED ON AN “AS IS’ AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE APPLICATION AND ANY THIRD PARTY CONTENT AND SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK AND DISCRETION. CARNIVAL AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE APPLICATION AND THIRD PARTY CONTENT AND SERVICES, WHETHER ORAL, EXPRESS, IMPLIED OR STATUTORY, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE OF THE PARTIES, OR THE NATURE OR CONTEXT OF THIS LICENSE, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, CARNIVAL AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS OR ERROR-FREE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CARNIVAL OR FROM THE APPLICATION SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY. FURTHERMORE, YOU ACKNOWLEDGE THAT CARNIVAL AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS HAVE NO OBLIGATION TO CORRECT ANY ERRORS OR OTHERWISE SUPPORT OR MAINTAIN THE APPLICATION. YOU ACKNOWLEDGE THAT THE APPLICATION IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE PERFORMANCE OF, USE OR MISUSE OF, FAILURE OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE APPLICATION COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, PROPERTY, OR ENVIRONMENTAL DAMAGE. CARNIVAL AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS DO NOT WARRANT THAT THE APPLICATION WILL BE COMPATIBLE OR INTEROPERABLE WITH YOUR DEVICE OR ANY OTHER PIECE OF HARDWARE, SOFTWARE, EQUIPMENT OR DEVICE INSTALLED ON OR USED IN CONNECTION WITH YOUR DEVICE. FURTHERMORE, YOU ACKNOWLEDGE THAT COMPATIBILITY AND INTEROPERABILITY PROBLEMS CAN CAUSE THE PERFORMANCE OF YOUR DEVICE TO DIMINISH OR FAIL COMPLETELY, AND MAY RESULT IN PERMANENT DAMAGE TO YOUR DEVICE, LOSS OF THE DATA LOCATED ON YOUR DEVICE, AND CORRUPTION OF THE SOFTWARE AND FILES LOCATED ON YOUR DEVICE. YOU ACKNOWLEDGE AND AGREE THAT CARNIVAL AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, SHALL HAVE NO LIABILITY TO YOU FOR ANY LOSSES SUFFERED, RESULTING FROM OR ARISING IN CONNECTION WITH COMPATIBILITY OR INTEROPERABILITY PROBLEMS. SHOULD THE APPLICATION PROVE DEFECTIVE, YOU ASSUME THE ENTIRE BURDEN OF ALL NECESSARY EXPENSES, SERVICING, REPAIR, OR CORRECTION. THIS SECTION 8 SHALL SURVIVE TERMINATION OF THIS LICENSE.
NOTWITHSTANDING AND WITHOUT WAIVING THE FOREGOING, THE TERMS AND CONDITIONS OF THE RELATED AGREEMENTS MAY PROVIDE LIMITED REMEDIES TO YOU.
9. LIMITATION OF LIABILITY. EXCEPT TO THE EXTENT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES SHALL CARNIVAL, ITS COLLABORATORS, SUPPLIERS OR LICENSORS, NOR THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ACCIDENTS, PROPERTY DAMAGE, PERSONAL INJURY, DEATH, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SALE OR DISTRIBUTION OF, THE PERFORMANCE OR NON-PERFORMANCE, OR YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE APPLICATION AND ANY THIRD PARTY CONTENT AND SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CARNIVAL’S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE GREATER OF (i) THE INITIAL PURCHASE PRICE PAID BY YOU FOR THE APPLICATION, (ii) THE AGGREGATE AMOUNT YOU PAID TO CARNIVAL FOR THE APPLICATION DURING THE ONE MONTH PRECEDING THE DATE THAT THE CLAIM ARISES, OR (iii) TWO DOLLARS ($2.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THIS SECTION 9 SHALL SURVIVE TERMINATION OF THIS LICENSE.
10. INDEMNIFICATION. You shall indemnify, defend and hold harmless CARNIVAL and its collaborators, suppliers and licensors, and their officers, directors, agents and employees (the “Indemnified Parties”) from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following: (i) Your access to or use of this Application or Third Party Content and Services; (ii) Your breach of this License; (iii) Your violation of law; (iv) Your negligence or willful misconduct; or (v) Your violation of the rights of a third party. You will promptly notify Carnival in writing of any third-party claim arising out of or in connection with Your access to or use of the Application. These obligations survive termination of this License.
11. DISPUTE RESOLUTION BY BINDING ARBITRATION
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our customer service department at 1-888-227-6482. In the unlikely event that Carnival's customer service department is unable to resolve a complaint You may have to Your satisfaction (or if Carnival has not been able to resolve a dispute it has with You after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. The arbitration will be governed by the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), as modified by this License, and will be administered by the AAA in Miami, Florida. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this License will take place on an individual basis; class arbitrations and class actions are not permitted.
12.MISCELLANEOUS. The following provisions survive termination of this License:
12.1 Governing Law, Limitation on Actions. This site is controlled and operated by Carnival from its offices within the State of Florida, United States of America. Carnival makes no representation that materials in the site are appropriate or available for use in other locations. These terms shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Miami-Dade County and You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action
12.2 Severability. If any provision of this License is held to be invalid or unenforceable with respect to a party, the remainder of this License, or the application of such provision to persons other than those to whom it is held invalid or unenforceable shall not be affected and each remaining provision of this License shall be valid and enforceable to the fullest extent permitted by law.
12.3 Waiver. Except as provided herein, the failure to exercise a right or require performance of an obligation under this License shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.
12.4 Modification or Amendment. Carnival reserves the right to modify or discontinue, temporarily or permanently, at any time and from time to time, the App (or any function or feature of the App or any part thereof, including but not limited to rates and charges) with or without notice. You agree that Carnival will not be liable to You or to any third party for any such modification, suspension or discontinuance of the Service. This License may be updated or changed from time to time, as determined by Carnival in its sole discretion. Carnival will provide notice of changes in the License in any manner acceptable by law, including by posting them to our onboard website or at such other website as Carnival may designate. Any changes or modifications will be effective immediately upon such notice, and You waive any right You may have to receive specific notice of such changes or modifications. Your use of the App following updates or a change to this License constitutes Your acceptance of those changes; therefore, You should frequently review this license to understand the terms and conditions that apply to Your use of the Service. If You do not agree to the revisions, You must terminate Your use of the App immediately.
12.5 Survival. Any provisions of this License which by their express language or by their context are intended to survive the termination of this License shall survive such termination.
12.6 Third Party Beneficiaries. Except as explicitly provided in this License or in the Related Agreements, nothing contained in this License is intended or shall be construed to confer upon any person (other than the parties hereto) any rights, benefits or remedies of any kind or character, or to create any obligations or liabilities of a party to any such person.
12.7 No Transfer by You. You may not rent, lease, lend, sublicense, assign or transfer the Application, this License or any of the rights granted hereunder. Any attempted transfer in contravention of this provision shall be null and void and of no force or effect. These obligations survive termination of this License. Carnival may assign this License without restriction.
12.8 Copyright Complaints. Carnival respects the intellectual property rights of others. If You believe that Your work has been copied and has been posted, stored or transmitted by or through the Application in a way that constitutes copyright infringement, please submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Carnival’s Copyright Agent the following written information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that You claim has been infringed upon;
- A specific description of where the material that You claim is infringing is located;
- Your address, telephone number, and e-mail address;
- A statement by You that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
Carnival’s Copyright Agent for notice of claims of copyright infringement relating to the Application can be reached as follows:
Attn: General Counsel
Carnival Cruise Lines
3655 NW 87th Avenue
Miami, Florida 33178-2428
For more information about Carnival’s copyright protection practices under the DMCA and for information on how to contact Carnival’s DMCA agent, please refer to www.carnival.com/about-carnival/legal-notice/copyright.aspx.
12.9 Entire Agreement. This License including the documents incorporated herein by reference constitute the entire agreement with respect to the use of the Application licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter.
THIRD PARTY TERMS. The below Third Party Terms are incorporated herein and made part of this License: Apple and Google.
APPLE: Additional provisions and Usage Rules required by Apple, Inc. (“Apple”) may be found at www.apple.com/legal/itunes/appstore/us/terms.html . If Your Device is manufactured by Apple or if You obtain the downloadable Application through iTunes, You and Carnival acknowledge and agree that Apple and its subsidiaries are third party beneficiaries to this License, and that, upon Your acceptance of the terms and conditions of this License, Apple will have the right to enforce this License against You in its capacity as a third party beneficiary to the License. APPLE SHALL HAVE NO RESPONSIBILITY FOR ANY CLAIMS MADE BY YOU OR ANY THIRD PARTY RELATED TO THE APPLICATION OR YOUR USE OR POSSESSION OF THE APPLICATION, INCLUDING, BUT NOT LIMITED TO (i) PRODUCT LIABILITY CLAIMS, (ii) ANY CLAIM THAT THE APPLICATION FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT, (iii) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION, OR (iv) ANY CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE OF THE APPLICATION TO CONFORM TO ANY WARRANTY, EXPRESS OR IMPLIED. IF YOU HAVE PAID ANY FEE TO APPLE FOR USE OF THE APPLICATION, IN THE EVENT OF ANY FAILURE OF THE APPLICATION TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY APPLE, AND APPLE WILL, AS YOUR SOLE AND EXCLUSIVE REMEDY, REFUND TO YOU THE PURCHASE PRICE PAID, IF ANY, FOR THE APPLICATION. APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APPLICATION.
GOOGLE Additional provisions and Usage Rules required by Google Inc. (“Google”) may be found at https://play.google.com/intl/en_us/about/play-terms.html . If Your Device is manufactured by Google or if You obtain the downloadable Application through Google Play, You and Carnival acknowledge and agree that Google and its subsidiaries are third party beneficiaries to this License, and that, upon Your acceptance of the terms and conditions of this License, Google will have the right to enforce this License against You in its capacity as a third party beneficiary to the License.
CARNIVAL MOBILE APP PRIVACY NOTICE
Effective Date: 25 May 2018
Welcome! Thank you for downloading the CARNIVAL MOBILE APPLICATION ("Application" or "App"). The App is owned and operated by Carnival Cruise Lines, a division of Carnival Corporation ("Carnival," "we," "our" or "us"). This Privacy Notice governs your use of the App and also applies to your use of interactive features (e.g., Carnival Chat), widgets, plug-ins, applications, content, downloads and/or other services that we own and control and make available through the App and/or that posts a link to this Privacy Notice. This Privacy Notice does not apply to our data collection activities offline or otherwise outside of our Application (unless otherwise stated below), and does not govern the data practices of third parties that may interact with our App.
In addition, please review the Application’s End User License Agreement, located at www.carnival.com/about-carnival/legal-notice/termsandconditions.aspx (“License”), which governs your use of the Application. By using our Application, you consent to our Privacy Notice and License and our collection, use and sharing of your information and data, and other activities, as described below.
IF YOU ARE A PARENT OF A CHILD UNDER THIRTEEN (13) WHO MAY DOWNLOAD THIS APPLICATION, PRIOR TO DOWNLOADING THE APPLICATION TO YOUR CHILD’S DEVICE, YOU MUST REVIEW OUR CHILDREN'S PRIVACY NOTICE BELOW.
1. Information We Collect
We collect a variety of information on the Application. The categories of information we collect can include any or all of the below.
Information you provide to us directly. When you register on our App, we collect personal information, such as guest folio and MMDD your name, address, birth date, phone number, folio number, email address, and user name and password. You can elect to upload a personal photograph to use as an avatar ("Profile Information").
We may also collect information you provide about another person, such as a person traveling with you, and any other personal information you provide to us through the Application or in direct communications with us; you are agreeing and acknowledging that you have the express right and authority to do so on their behalf.
Data collected through the use of the Application. We collect information about how you use the Application and content you post to the Application, including activities you participate in, reservations you make, your interactions with your family and friends and with others on the Application, photos and videos you post to the Application, and any content you provide through in-app messages, chat, or similar functionality ("User Content"). To share photos and video, we will access your device camera roll and camera with your permission. If you need to update your permissions, you can do so in the "Settings" app of your device. Please remember that Carnival may, but has no obligation to, monitor, record, and store User Content in order to protect your safety or the safety of other users, to assist with regulatory or law enforcement efforts, or to protect and defend our rights and property. By using the Application, you consent to the recording, storage and disclosure of such communications you send or receive for these purposes.
Biometric Information. Carnival requires a security photo for each passenger. You may take a photo with your mobile phone, tablet or other device ("Device") to use for this purpose. Our facial recognition technology will collect and identify your facial features and facial geometry in order to identify your face in other images. We may use this information for security purposes and to identify you in photos taken by onboard photographers or taken and shared by other guests. Carnival does not share the details of your facial geometry information with any third party. We store this information as long as you are using our App and will permanently delete your facial geometry information within one month after the sailing or earlier upon request. Please contact us at email@example.com if you have questions or if you'd like to delete your facial geometry information.
Information we collect from social networks. When you interact with our Application through various social media, such as when you login through Facebook, Instagram or others, or when you follow Carnival or share Carnival content on Facebook, Twitter, Pinterest, Instagram or other sites, we may receive information from those social networks including your Profile Information, picture, user ID associated with your social media account, friends list, and any other information you permit the social network to share with third parties. We may use information about your connections on social media to let you know if any of those connections are also on board so that you can invite them to connect through the Application through the Chat feature. Similarly, we may notify that connection that you are on board as they may wish to invite you to Chat. We may even use this information to suggest new friends you may want to connect with, based on mutual friends or shared interests. We will collect and use this information provided by your social networks as otherwise described in this Privacy Notice. The data we receive is dependent upon your privacy settings with the social network. You should always review, and if necessary, adjust your privacy settings on third-party websites and Applications before linking or connecting them to our Application.
Information You Provide About a Third Party. If you send someone else a communication from the App (e.g., to invite family or friends to the Family and Friends feature or the Chat function), we may collect information you provide about that person, such as a name, e-mail address, phone number. Please be aware that when you use any send-to-a-friend functionality on our Application, your contact information, name or user name and message may be included in the communication sent to your recipients. We may also collect information if you create a profile for a Family Member or a Friend who does not have his or her own App account. For example, you may provide that information (first name, surname, and date of birth/age) in order to add the Friend or Family Member to activities or excursions. By providing us with the Profile Information of any other individual, you are agreeing and acknowledging that you have the express right and authority to do so on their behalf.
Address Book Information. With your permission, Carnival may access your contact list available on your Device so that you can locate your friends and contacts who may be on board and invite them to connect on the App, or so that you can send emails or texts to your friends and contacts. We may also use the information collected from your contact list to suggest new friends you may want to connect with on the Application. We make these recommendations based on your address book information as well address book information we collect from other guests and try to find common friendships or connections to introduce you to.
Location Information. The App may collect a unique identifier associated with your mobile phone, tablet or other device ("Device") or Application and your location onboard the ship, through GPS, WiFi, or other mechanism.
We use this information to operate, maintain and provide to you the features and functionality of the Application; to communicate with you and to permit you to communicate with others; to respond to your inquiries; process orders; contact you regarding customer service; let you know about products or services which may be of interest to you or to personalize our service to meet your needs or preferences. This may involve sharing certain information with our medical staff, affiliated companies or third parties, for instance, if you require a wheelchair or have dietary preferences. You also agree that we may share your personal information with our affiliated companies and third parties as described in this Privacy Notice. You further agree that the information you provide is current, accurate and that you will update it if there are any changes. By providing personal information through this Application you explicitly agree to our collection and use of that information as described in this Privacy Notice.
2. How Do We Use the Information We Collect?
With your permission, we may use the information collected when you activate the App to provide you with information about your cruise, activities, products or services that may be of interest to you through the Application.
Personal information is retained in accordance with applicable law and will not be retained for longer than necessary to fulfil the purposes herein.
For information on third parties we share your information with, please see Section on Disclosing Information to Third Parties.
We, and our third party partners, automatically collect certain types of usage information ("Usage Information") when you use the App. To the extent we associate Usage Information with your Personal Information we collect directly from you on the Application, we will treat it as Personal Information. We typically collect this information through a variety of tracking technologies, including cookies, Locally Stored Objects (LSOs) or Flash objects, web beacons, file information and similar technology (collectively, "tracking technologies"). For example, we collect information about your device and its software, such as your Device type, model and manufacturer, mobile carrier, operating system and model, IP address, date and time stamp, and a unique identification numbers associated with your Device or our Application (including, for example, a UDID, Unique ID for Advertisers ("IDFA"), Google AdID, or Windows Advertising ID). We may also collect your mobile phone number and, depending on your Device settings, your geographical location data, including GPS coordinates (e.g., latitude and/or longitude) or similar information regarding the location of your Device, or we may be able to approximate a device’s location by analyzing other information, like an IP address. We also collect information about the way you use our Service, for example, the URL from which you came our Application, the pages you visit, the links you click, how frequently you access the Application, whether you open emails or click the links contained in emails, whether you access the Application from multiple devices, and other actions you take on the App. We may collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for the Application and to understand more about the demographics of our users. We may also work with third party partners to employ technologies, including the application of statistical modeling tools, which attempt to recognize you across multiple devices. Although we do our best to honor the privacy preferences of our users, we are unable to respond to Do Not Track signals set by your browser at this time.
We use or may use the data collected through tracking technologies to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) provide custom, personalized content and information, including targeted content and advertising; (c) identify you across multiple devices; (d) provide and monitor the effectiveness of our Application; (e) monitor aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns on our App; (f) diagnose or fix technology problems; and (g) otherwise to plan for and enhance our service.
If you would prefer not to accept cookies, most browsers will allow you to: (i) change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) disable existing cookies; or (iii) set your browser to automatically reject cookies. Please note that doing so may negatively impact your experience using the App, as some features and services on our App may not work properly. Depending on your Device and operating system, you may not be able to delete or block all tracking technologies. You may also set your e-mail options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our e-mail and performed certain functions with it. Deleting cookies does not delete Local Storage Objects (LSOs) such as Flash objects and HTML5. You can learn more about Flash objects - including how to manage privacy and storage settings for Flash cookies - on Adobe's website . If you choose to delete Flash objects from our sites, then you may not be able to access and use all or part of the sites or benefit from the information and services offered.
4. Promotions, Contests and Sweepstakes
From time to time we may offer promotions contests or sweepstakes or specials (collectively referred to as a "Promotion") on behalf of companies with whom we have joint or cooperative marketing arrangements. You may take advantage of these promotions or specials by clicking on links on our App. You will be transferred to a different site which may not be owned or operated by Carnival where you may be required to provide personal information in order to participate in the promoted products or services. This Privacy Notice does not apply to those sites; please review the relevant privacy notices as posted on those sites.
If you choose to participate, information including your name, address, age, telephone number and email address may be collected. We may also request other information some of which may be optional. We use the information you provide for the purposes of conducting the Promotion and for other purposes described in this Privacy Notice. A Promotion may be sponsored by Carnival alone, with another sponsor or by a third party. Information you provide may be shared with the sponsor or third parties in accordance with this Privacy Notice. We may require the sponsor or third party to provide us with Promotion entrant information for marketing purposes. You must be over the age of 18 to participate in any Promotion or as otherwise provided in the official rules or terms and conditions for such Promotion. When you participate in a Promotion you are subject to the official rules or terms and conditions governing that Promotion which may be posted on the Site relevant to the applicable Promotion or in other locations as Promotion marketing materials and/or websites indicate.
5. Disclosing Information to Third Parties
We may share your personal information in the instances described below. For further information on your choices regarding your information, see the "Control Over Your Information" section below.
Remember, our Application allows you to connect and interact with others. Your name and photo if any will be available by default to other users of the Application, and additional information may be shared with other users if you are listed in the Directory, if you have connected via Chat, or in other instances.
We may share your personal information with:
• Other users of the Application. Your Profile Information and content you post to public areas of the App, including public groups or Friends and Family groups, will be viewable by other users of the App. We also share your information with third parties with whom you communicate directly on the App. You control who you want to communicate with and what information you shares. We cannot control what a third party user may do with your content once you have shared it through the Application. Please do not provide personal information you would not want to be public. You may be able to control the visibility of some of your information and actions in your Settings (see "Control Over Your Information" below);
• Third parties at your request. For example, you may have the option to share your activities or photos with your friends through email, text or on various social media sites, including on Facebook;
• Third parties with your authorization. For example, it may be necessary to share your personal information with third parties in order to complete a transaction for you, or to facilitate your emails, tweets or postings to social media sites. These third party sites will handle your information, emails, tweets, or postings according to their own privacy policies. We encourage you to review and, if necessary, adjust your privacy settings on these sites before posting to them through our App.;
• Third parties with whom we partner to provide contests, sweepstakes or other promotional activities, which will usually be identified by name in the Official Rules of the contest or sweepstakes;
• Third parties who may have products or services we think you may enjoy;
• Appropriate persons, agents, vendors or service providers or entities to: (1) comply with the law, applicable regulations, governmental and quasi-governmental requests, court orders or subpoenas, to enforce our Legal Notices or other agreements, or to protect our rights, property or safety or the rights, property or safety of our users or others (e.g., to a consumer reporting agency for fraud protection etc.); (2) facilitate a purchase, transfer or sale of services or assets (e.g., in the event that substantially all of our assets are acquired by another party, customer information may be one of the transferred assets); (3) perform functions on our behalf (e.g., analyzing data, providing marketing assistance, providing customer service, processing orders, sending emails about our products or services, etc.) or (4) as otherwise described in this Privacy Notice.
We may also gather de-identified or aggregated data about you and disclose such information with third parties in a way that does not reasonably identify you as an individual.
Personal information about you may be shared with governmental and recognized law enforcement agencies (such as Customs and the US Department for Homeland Security) prior to boarding, during your cruise, or after disembarkation, for security and immigration purposes. Personal information may also be shared with these agencies in order to prevent and detect crime as well as to safeguard children and vulnerable adults.
6. Your Control Over Your Information
Profile and Account. You are responsible for the accuracy and completeness of all information you provide to us. You may, at any time, access and make changes or corrections to your Profile Information or preferences simply by visiting the My Profile page of the App. You may also direct us to change your information by email or telephone at the address provided below.
Access to your Device Information. You may control the App's access to your device information through your "Settings" app on your device. For instance, you can withdraw permission for the App to access your address book, photo stream and camera.
Control over your Communications Preferences. You can direct us to remove your email address from our mailing list simply by clicking on the "unsubscribe" link provided in such communications. We will act on your instructions promptly, but making changes may take two weeks or more to become effective. You may not opt-out of service-related communications (e.g., account verification, transactional communications, changes/updates to features of the App, etc.).
Affiliate Marketing Opt-Out. You may opt-out of having Carnival share your information with third parties for marketing purposes by emailing firstname.lastname@example.org or contact us toll free at 1-888-CARNIVAL.
7. Third Party Tracking and Online Advertising
We may share, or we may permit third party online advertising networks, social media companies and other third party services, to collect, information about your use of our App over time so that they may play or display ads that may be relevant to your interests on our App as well as on other websites or apps, or on other devices you may use. Typically, though not always, the information we share is provided through cookies or similar tracking technologies, which recognize the device you are using and collect information, including hashed data, click stream information, browser type, time and date you visited the site, and other information. This information is used to display targeted ads on or through our App or on other websites or apps, including on Facebook. We or the online advertising networks use this information to make the advertisements you see online more relevant to your interests. As noted above, depending on your browser or Device, you may be able set your browser to delete or notify you of cookies and other tracking technology by actively managing the settings on your browser or Device. You may also be able to limit interest-based advertising through the settings on your Device by selecting "limit ad tracking" (iOS) or "opt-out of interest based ads" (Android). To learn more about interest-based advertising and how you may be able to opt-out of some of this advertising, you may wish to visit the Network Advertising Initiative’s online resources , and/or the Digital Advertising Alliance Consumer resources , and you may also adjust your ad preferences through your Facebook settings. Some of these opt-outs may not be effective unless your browser is set to accept cookies. Furthermore, if you use a different device, change browsers or delete the opt-out cookie, you may need to perform the opt-out task again. You may also be able to opt-out of some – but not all – interest-based ads served by mobile ad networks by visiting youradchoices.com/appchoices and downloading the mobile AppChoices app.
8. Security Procedures to Protect Information
Data storage and transfer: Your information collected through our App may be stored and processed in the United States or any other country in which Carnival or our affiliates or service providers maintain facilities. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to the transfer of information to the U.S. or any other country in which Carnival or our parent, subsidiaries, affiliates, or service providers maintain facilities and the use and disclosure of information about you as described in this Privacy Notice.
Keeping your information safe: We care about the security of your information and employ physical, administrative, and technological safeguards designed to preserve the integrity and security of all information collected through our App. However, no security system is impenetrable and we cannot guarantee the security of our systems 100%. While we take steps to protect your personal information and keep it secure, you also play a role in protecting your information. You can help to maintain the security of your online and mobile transactions by not sharing your folio number, username, or password with anyone. Carnival cannot guarantee the security of any information you transmit to us or from our App, and therefore you use our App at your own risk.
9. Links to Third Party Services
This Application may contain links to other sites such as our affiliates and third parties. This Privacy Notice only addresses Carnival's use and disclosure of your information collected on this site, if any. While we try to link only to sites that share our standards and respect for privacy, we are not responsible for the privacy practices of our affiliates or any other third parties or the content of linked sites, although we do encourage you to read the applicable privacy policies and terms and conditions of such parties or web sites.
10. Your California Privacy Rights
If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of personal information to third parties for their direct marketing purposes during the immediately preceding calendar year. You may make one request each year by emailing us at email@example.com.
11. For Customers in the EU
If you reside in the EU, you are entitled to the following rights in respect of personal information that we hold:
- • Right of Access. The right to obtain access to your personal information.
- • Right to Rectification: The right to obtain rectification of your personal information without undue delay where that personal information is inaccurate or incomplete.
- • Right to Erasure. The right to obtain the erasure of your personal information without undue delay in certain circumstances, such as where the personal information is no longer necessary in relation to the purposes for which it was collected or processed.
- • Right to Restriction. The right to obtain the restriction of the processing undertaken by us on your personal information in certain circumstances, such as where the accuracy of the personal information is contested by you, for a period enabling us to verify the accuracy of that personal information.
- • Right to Object. The right to object to us processing personal information relating to you.
- • Right to Port. The right to obtain certain personal information from us in a format that can be transferred electronically to a third party.
- • Right to be Informed. The right to be informed about the personal information being processed.
In some cases, our ability to uphold these rights for you may depend upon our obligations to process personal information for security, safety, fraud prevention reasons, compliance with regulatory or legal requirements, or because processing is necessary to deliver the services you have requested. Where this is the case, we will inform you of specific details in response to your request. For further information on how to exercise those rights, you may contact our Data Protection Officer by sending an email to firstname.lastname@example.org.
The procedure for exercising your data subject rights is available at www.carnival.com/request-forms/eu-customer-data-subject-rights.aspx
You also have the right to lodge a complaint with the relevant data protection regulator.
12. Changes to this Privacy Notice
We will occasionally amend this Privacy Notice to reflect company and customer feedback and we reserve the right to make changes to this Privacy Notice at any time. Continuing to use our App after we publish changes to this Privacy Notice means that you are consenting to the changes. The provisions contained in this Privacy Notice supersede all previous notices or policies regarding our privacy practices with respect to this App. We encourage you to check this Application frequently to see the current Privacy Notice to be informed of how Carnival is committed to protecting your information and providing you with improved content in this Application in order to enhance your mobile cruise planning experience. If we make material changes to this Privacy Notice we will post the revised Privacy Notice and the revised effective date on this site.
13. Children's Policy
We recognize the need to provide further privacy protections with respect to personal information we may collect from children on our sites and applications. Children under 13 ("Child” or "Children") may download the Application but cannot provide information, make purchases, or engage the chat function without the explicit authorization of a parent or legal guardian. Consistent with the requirements of the Children's Online Privacy Protection Act ("COPPA"), when we determine that the user of an application is age 12 or under, we collect only as much personal information as necessary to be able to provide the informational functions of the application for the Child passenger and notify the parent or guardian associated with the Child on the ticket contract. We require a parent or guardian to verify consent by credit card charge or other payment method (with a nominal charge involved) to authorize the Child to chat with others through the Application, make purchases, or provide additional personal information. Please contact us at email@example.com if you believe we have inadvertently collected personal information from a Child under 13 without necessary parental consent so that we can delete this information as soon as possible.
When a parent or guardian provides consent for a Child under 13 to use the Application, the following policies and practices apply:
How a Child's Personal Information is Collected. During the registration process, we may ask the Child's month and day of birth and folio number. During the sailing, we may collect and use facial recognition data, which will be discarded within one month after the sailing or earlier upon request. We strongly advise children never to provide any personal information in their usernames. If a parent or guardian provides consent for the Child to use the chat and purchase functions, we will also collect the information the Child provides in chat content as well as a record of purchase transactions.
How a Child's Personal Information is Used. We use the personal information collected to provide the functions of the Application, so that the Child can view the shipboard schedule, select activities. With the parent's consent, the Child may also make on-board purchases, and use the Chat function to communicate with Family members who have been approved by the parent and identified in "Contacts."
How Parents May Access and Control a Child's Information. At any time, parents can refuse to permit Carnival to collect further personal information from their Child in association with a particular account, and can request that we delete from our records the personal information we have collected in connection with that account. Please keep in mind that a request to delete records may lead to a termination of an account or other service.
Where a Child has created an account, we use two methods to allow parents to access, change, or delete the personally identifiable information that we have collected from their Children.
(1) Parents can request access to and delete their Child's personal information by logging on to the Child's account through the Child's Device. Parents will need their Child's username and password.
(2) Parents can contact Guest Services to request access to, change, or delete their Child's personal information by visiting the Guest Services desk on board. If you believe your child is participating in an activity that collects personal information and you or another parent/guardian have NOT given consent for, please feel free to contact us Guest Services.
14. Your Comments are Appreciated
If you have any questions, comments or complaints regarding our Privacy Notice, you can contact us via telephone at1-888-CARNIVAL, or email firstname.lastname@example.org. This site is owned and operated by Carnival Cruise Lines, a division of Carnival Corporation, which controls any information submitted through this site.