Privacy Policy
 

By visiting, using and/or submitting information to this Site, you are accepting the practices described in this Privacy Policy and the terms and conditions of Pellas Development Group’s Agreement of Terms of Use located at the URL www.guacalitodelaisla.com (the “Terms of Use”). This Privacy Policy and the Terms of Use apply to your access and use of the Internet Web sites owned and operated by Pellas Development Group and its affiliates, including, but not limited, to the Web site located at www.guacalitodelaisla.com (collectively, the "Site").

The Site is owned and operated by Marina de Guacalito, S.A., a company organized and existing under the laws of Nicaragua (together with its affiliates, "Pellas Development Group"). Pellas Development Group takes your privacy seriously, and has published this Privacy Policy to explain how Pellas Development Group treats all information you may submit to the Site, except information which you may submit pursuant to a sweepstakes entry. In the event of a sweepstakes, please refer to the Official Rules and Privacy Policy for each individual sweepstakes for Pellas Development Group's specific policies regarding information sharing and disclosure pursuant to sweepstakes entry.

Collection of Personally Identifiable Information and Other Information

Many of the features of the Site are available to you without your providing personally identifiable information or other information. The following are certain situations in which Pellas Development Group may collect personally identifiable information and other information from you:

Registrations and Applications. When you register or apply for products and/or services with Pellas Development Group, Pellas Development Group may ask you for personally identifiable information like your name, e-mail address, birth date, gender, country of residence, postal code, occupation, industry, personal interests, range of purchase price, and other demographic information. If you are submitting payment for a product or service, Pellas Development Group may also ask for your credit card number or other payment information.

You may need to register or apply with Pellas Development Group to access or participate in the following:

Certain portions of the Site, such as certain Web sites specific to your development or community.
Pellas Development Group newsletters or other communications.
Sweepstakes, contest or other promotions.
Owner or Resident of Pellas Development Group Communities and Use of Products and Services. If you are an owner or resident at one of Pellas Development Group’s communities, or otherwise use Pellas Development Group’s products or services, Pellas Development Group may obtain personally identifiable information from you in connection with your actions as an owner or resident or your use of such products or services.

Use of Forums. If you choose to transmit, submit or post information through Pellas Development Group’s chat rooms, bulletin boards or other forums (the “Forums”), Pellas Development Group will collect that information you provide, which may include personally identifiable information.

Correspondence. If you send Pellas Development Group personal correspondence, such as emails or letters, including, without limitation, feedback, data, questions, comments, or suggestions, or if other users or third-parties send Pellas Development Group correspondence about your activities or postings on the Site (collectively, “Correspondence”), Pellas Development Group may choose to collect such information, which may include personally identifiable information.

Surveys. If you submit any survey about Pellas Development Group, any entity comprising Pellas Development Group, or any Pellas Development Group community, product or service, Pellas Development Group may receive and collect information about you, including personally identifiable information.

Business Partners. Pellas Development Group may receive your personally identifiable information from one of Pellas Development Group’s business partners.

Public Sources. Pellas Development Group may obtain your personally identifiable information from public sources, such as deeds or mortgages.

Pellas Development Group is providing the above list to you as a good faith example of situations in which Pellas Development Group normally collects information, including personally identifiable information. The type of personally identifiable information and other information that Pellas Development Group collects from you, however, will depend on the developments, communities or projects that you are interested in or living in, or the services that you are requesting or receiving.

Use of Personally Identifiable Information and Other Information

Use in Connection with Products and Services. Pellas Development Group may use your information, including your personally identifiable information, to provide you with products and services for developments, communities or projects that you are interested in or living in, or services that you are requesting or receiving. This includes using your personally identifiable information to improve Pellas Development Group’s marketing and promotional efforts and content and product offerings.


Pellas Development Group’s use of your personal information may also include contacting you and delivering to you information such as administrative notices regarding Pellas Development Group’s developments, communities, projects, products and services, and communications regarding your use of the Site. In addition, Pellas Development Group may use your personally identifiable information to contact you and deliver to you information, that, in some cases, is targeted to your interests, such as product offerings, service offerings, targeted advertisements, and other communications regarding Pellas Development Group’s products and services and related third-party products and services, even if you are on a “Do-Not-Call List.” By visiting, using and/or submitting information to the Site, you expressly agree to receive this information.

Credit Card and Payment Information. Notwithstanding anything to the contrary in this Privacy Policy, Pellas Development Group will not knowingly disclose to any third-party your credit card number or other personal payment information without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant or where Pellas Development Group believes, in good faith, that the law requires such disclosure.

If you consent to Pellas Development Group or one of its third-party service providers obtaining your credit history, then Pellas Development Group may obtain your personally identifiable information from the credit history and related transactions.

Information Provided in Forums and Correspondence. Any information provided in Forums or Correspondence is not confidential, and Pellas Development Group has unrestricted rights to use such information, including, without limitation, any ideas, concepts, know-how, software, documentation, diagrams, drawings, schematics or techniques contained within such information, in any manner and for any purpose whatsoever, including, but not limited to, resolving disputes, providing customer support, developing and marketing products and services, and troubleshooting problems.

Aggregated Use. Your personally identifiable information may be aggregated and used by Pellas Development Group for market research, project planning, troubleshooting problems, detecting and protecting against error, fraud or other criminal activity, to enforce Pellas Development Group’s Terms of Use, and for other internal purposes.

Other Use. Pellas Development Group may also use your personally identifiable information to improve and customize the content you see on the Site, to analyze site usage, as otherwise described to you at the time of collection, and as otherwise set forth in this Privacy Policy or as permitted by law.

Disclosure of Personally Identifiable Information and Other Information

The following describes some of the ways that your personally identifiable information may be disclosed in the normal scope of business for marketing and sales purposes and to otherwise provide Pellas Development Group’s products and services:

Disclosure in Connection with Products and Services. Pellas Development Group may need to disclose your personally identifiable information to third-parties, including a club controlled by Pellas Development Group or an affiliate of Pellas Development Group, in connection with your registration for or use of certain Pellas Development Group products and services. For example, Pellas Development Group may need to confirm certain information provided by you with third-parties such as your bank, employer, mortgage company, landlord, utility providers, government entities, credit agencies, and other businesses where you have an account or credit card.
Disclosure in Connection with Property Owners' Association. In certain cases, Pellas Development Group may disclose or transfer your personally identifiable information to an independent property owners' association such as a homeowner’s, condominium or other owner’s association.
Internal Service Providers. Pellas Development Group may use third-parties that Pellas Development Group refers to as internal service providers to facilitate or outsource one or more aspects of Pellas Development Group’s business, product and service operations that Pellas Development Group provides to you and therefore Pellas Development Group may provide some of your personal information directly to these internal service providers. In some instances, the internal service provider may collect information directly from you. If you provide additional information to an internal service provider directly, then their use of your personally identifiable information is governed by their applicable privacy policy.
External Service Providers. There may be a number of separate services offered by third-parties that Pellas Development Group refers to as external service providers that may be complementary to your use of the Site. If you choose to use these separate services, disclose information to the external service providers, and/or grant them permission to collect information about you, then their use of your information is governed by their privacy policy. Because Pellas Development Group does not control the privacy practices of these third-parties, you should evaluate their practices before deciding to use their services. Advertisers. Pellas Development Group may aggregate personally identifiable information and disclose such information in a non-personally identifiable manner to advertisers and other third-parties for their marketing and promotional purposes.

Notwithstanding the foregoing, Pellas Development Group reserves the right (and you authorize Pellas Development Group) to share or disclose your personally identifiable information when Pellas Development Group determines, in its sole discretion, that the disclosure of your personally identifiable information is necessary to identify, contact, or bring legal action against you if:
 
you are or may be violating this Privacy Policy or Pellas Development Group’s Terms of Use;

you are interfering with another's rights or property, including, without limitation, Pellas Development Group's rights or property;

you are violating any applicable law, rule or regulation;

necessary or required by any applicable law, rule or regulation; and/or

requested by authorities in the event of any act of terrorism or instance of local, regional or national emergency.

Personally identifiable information and other personal information collected from you may also be transferred to a third-party as a result of a sale, acquisition, merger, reorganization, other transfer or bankruptcy (each, a “Transfer”) involving Pellas Development Group and/or its affiliates. Pellas Development Group specifically reserves the right to transfer personally identifiable information collected from the Site, and any of its databases, together with any personally identifiable information contained therein, to any third-party in connection with a Transfer, and nothing in this Privacy Policy is intended to interfere with the ability of Pellas Development Group to transfer all or part of its business and/or assets (including the Site) to any affiliate or independent third-party at any time, for any purpose, without any limitation whatsoever.

In addition, due to the existing regulatory environment, Pellas Development Group cannot ensure that all of your private communications and other personally identifiable information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example (without limiting the foregoing), Pellas Development Group may be forced to disclose personal information to a governmental entity or to other third-parties under certain circumstances, or third-parties may unlawfully intercept or access transmissions or communications intended to be private. Therefore, although Pellas Development Group uses industry standard practices to protect your privacy, Pellas Development Group does not promise, and you should not expect, that your personally identifiable information or private communications will always remain private. NOTE: If you are submitting personally identifiable information pursuant to sweepstakes entry, Pellas Development Group reserves the right to share, loan, rent and/or sell the personally identifiable information that you submit with its affiliates and other third-parties. Please refer to the Official Rules and Privacy Policy for each individual sweepstakes for the specific guidelines regarding information sharing and disclosure.

Newsletters and CAN-SPAM Compliance

The Site sends only verified, double-opt-in e-mail newsletters and communications, specifically requested by Web users registering with the Pellas Development Group. Registrations with Pellas Development Group are verified by sending an e-mail confirmation to your e-mail address, which requires a positive response before an e-mail address is added to Pellas Development Group’s list. Pellas Development Group is fully compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003.

Cookie technology

"Cookies" are alphanumeric identifiers in the form of text files that are inserted and stored by your web browser on your computer's hard drive. Pellas Development Group may set and access cookies on your computer to track and store preferential information about you. Pellas Development Group gathers anonymous information about its users through cookie technology on an aggregate level only. Such aggregated information is used solely within Pellas Development Group's internal organization and is not shared with third-parties.


Web beacons

”Web beacons”, also called single-pixels (1x1) or clear GIFs, are electronic images that allow a website to access cookies and help track marketing campaigns and general usage patterns of visitors to those websites. Web beacons can recognize certain types of information, such as cookie numbers, time and date of a page view, and a description of the page where the Web beacon is placed. No personally identifiable information about you is shared with third-parties through the use of web beacons.

Internal use of web beacons. Pellas Development Group may use web beacons internally to count users and recognize users through cookies. Access to cookies helps Pellas Development Group personalize your experience when you visit the Site.

Email. Pellas Development Group may include web beacons in HTML-formatted email messages that Pellas Development Group or its affiliates or agents send. Including web beacons in email messages helps Pellas Development Group determine your interest in and the effectiveness of such emails.

External use of web beacons. Pellas Development Group may also use web beacons externally. For example, Pellas Development Group may report aggregate information about the Site users, such as demographic and usage information, to its partners and other affiliates and to third-parties. Pellas Development Group may also include other companies’ web beacons within the Site.

Security

Personally identifiable information you submit through the Site to Pellas Development Group is password-protected for your privacy and security. In certain areas Pellas Development Group uses industry-standard SSL-encryption to protect data transmissions. In the event that an unauthorized third-party compromises Pellas Development Group security measures, Pellas Development Group will not be responsible for any damages directly or indirectly caused by an unauthorized third-party's ability to view, use or disseminate such information.

Links to Other Web sites

The Site may include links to third-party Web sites. Such links are not an endorsement by Pellas Development Group of those Web sites and/or the products or services offered there. Third-party Web sites may have different privacy policies, and Pellas Development Group is not responsible for the privacy practices of those third-party Web sites. If you click on a link to a third-party Web site, Pellas Development Group encourages you to check the privacy policy of that Web site, as it may differ substantially from that of this Privacy Policy.

Access and Use of the Site

The Site is intended to be accessed and used only by adults and is not directed to children under the age of 18. Pellas Development Group does not knowingly permit registration or submission of personally identifiable information by anyone under the age of 18.

Changes to this Privacy Policy

Pellas Development Group reserves the right to update, amend and/or change this Privacy Policy at any time in its sole discretion and without notice. Updates to this Privacy Policy will be posted here. Any information Pellas Development Group collects from you online is subject only to Pellas Development Group’s most current Privacy Policy. You are encouraged to revisit this Privacy Policy from time to time in order to review any changes that have been made. Pellas Development Group’s last update was May 6, 2010. Your continued access and use of the Site following the posting of any such changes shall automatically be deemed your acceptance of the same.

Questions or Concerns

If you have questions, comments, concerns or feedback regarding this Privacy Policy, please contact us by any of the methods provided below:

Marina de Guacalito, S.A.
Centro BAC Piso 9
Managua, Nicaragua
Phone: (505) 2274-4250
Fax: (505) 2274-4257
email: klacayo@guacalitodelaisla.com

Governing Law; Arbitration

This Privacy Policy is to be governed by and construed in accordance with the internal laws of the Republic of Nicaragua, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of, or relating to, this Privacy Policy shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the Mediation and Arbitration Law of the Republic of Nicaragua. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrator to pay the arbitrator's fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.

Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and Pellas Development Group, and your and Pellas Development Group's respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. Notwithstanding the previous sentence, in no event shall either you or Pellas Development Group be entitled to punitive, special, indirect or consequential damages, and both you and Pellas Development Group hereby waive your rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue or business.

Miscellaneous

If any portion of this Privacy Policy is deemed unlawful, void or unenforceable by any arbitrator, this Privacy Policy as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Privacy Policy that is unlawful, void or unenforceable shall be stricken from this Privacy Policy.

The headings contained in this Privacy Policy are for convenience of reference only, are not to be considered a part of this Privacy Policy, and shall not limit or otherwise affect in any way the meaning or interpretation of this Privacy Policy.

All covenants, agreements, representations and warranties made in this Privacy Policy, as may be amended by Pellas Development Group from time to time, shall survive your acceptance of this Privacy Policy.

This Privacy Policy and the Terms of Use represent the entire understanding and agreement between you and Pellas Development Group regarding the subject matter of the same, and supersede all other previous agreements, understandings and/or representations regarding the same.