TERMS & CONDITIONS, PRIVACY POLICY & DISCLOSURE
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The Business and its relation to our website
The Duke Hotel is to be considered a physical business, with a base or address at 1 Church Rd, Hilmarton, Calne, Wiltshire, UK, SN11 8SD.
The Duke Hotel is also run as FREE-HOUSE PUB, RESTAURANT (so that's why sometimes we describe it as GASTRO PUB), HOTEL (as it has 5 letting rooms), CARAVAN SITE and FUNCTION ROOM for PRIVATE DINING. As per the WEBSITE we chose to work with, We use this to promote our physical business with the public, we take reservations for the RESTAURANT, HOTEL, FUNCTION ROOM and CARAVAN PITCH. Via taking reservations, we do require personal information. We also require some sort of deposit from our client and so we demand physical cash or we take online payment to ensure the booking has been recorded to our booking system. Through our website we sell NON-PHYSICAL PRODUCTS called VOUCHERS, these can be purchased via our website. Description of how we keep customers' data is following.
Privacy notice
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The Duke Hotel website respects your privacy and is committed to protecting all your personal information at all times.
Our privacy notice sets out: (i) how we use your personal information; and (ii) your rights in relation to your information. We act as the data controller in relation to the personal data which you provide to us when booking in our pub.
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We do not sell or disclose personally identifiable information about our clients or website visitors to any third party. Any personal or private information you supply to us will be held in strict confidence. We take all reasonable steps to protect the privacy of all our clients and website visitors. No information about our clients and website visitors will be disclosed unless required by UK law. You may contact us at any time to withdraw consent for your data to be stored and used.
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Information we hold from you
Terms of the agreement between the two parties.​​
It is necessary for our team to hold and process certain personal information about you in order to enable us to process your booking. This may include the following: ​
· Name
· Surname
· Email address
· Telephone number
· Payment information (if applicable)
We may also be required to process such additional information about you as is necessary to enable us to manage our relationship with you and provide services from time to time.
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How we use your information
In most cases, we will use the information we hold about you for the following purposes/ activities and in accordance with the following lawful grounds for processing personal data:
1. Managing our relationship with you, including but not limited to responding to queries or performance of our terms and policies/use with you.
2. Complaints.
Legitimate interests in ensuring that we are able to (i) provide our guests with a good quality service, and (i) respond to all the queries and complaints raised by our guests/ customers.
3. Fees and charges.
Managing and collecting all applicable payments, fees and/ or charges. Legitimate interests in processing payments made by guests and ensuring that we are able to recover all sums due to us.
4. Administering and protecting our business, website and online booking system. It is necessary for our legitimate interests in running our business, ensuring the provision of administration and IT service, maintaining network security and preventing fraud.
5. Providing you with suggestions and recommendations about products, services and/ or legitimate interests in developing and promoting our products/ promotional offers that may be of interest to you. This is necessary to grow and promote our business.
Terms and policies may be applied in continuance with these terms and use documentation.
Analitycs
Our website uses Google Analytics, a service that transmits website traffic data to Google servers in the United States. Google Analytics does not identify individual users or associate your IP address with any other data held by Google. We use reports provided by Google Analytics to help understand website traffic and page usage.
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Marketing
We may use your personal information to provide you with information for marketing purposes on goods, services and/or promotional offers that may be of interest to you. You may receive marketing communication from us directly if you have used our online booking system and you have not opted out of receiving that marketing. When you use our services, we may send you a questionnaire or invite you to provide a review of your experience with our website. Please note that we will obtain your express opt-in consent before we share any of your personal information with any third party for marketing purposes.
You can ask us or third parties to stop sending you marketing messages and emails at any time by contacting us at the email address set out below.
1. Be aware that, the Duke’s team may invite you to fill up some physical forms made up with the purpose of growing our email list for future email campaigns. The only purpose of this is to collect your data for marketing reasons only. For any reason, our team is not allowed to share your personal information with any third parties unless we ask you for your formal consent.
2. If you decide to apply for a position on our job application page (click here), please note that our team will also collect your data and your CV. By sending us your personal information you agree with our terms and use and so, we will keep your information. Our team is not allowed to share both your information and your CV with third parties unless you give your consent for us to do so. By applying to one of our roles, you also be aware that in case of success or not, we will still keep your information and your CV for future use. Marketing purposes may be applied as well. You can always opt out of our marketing campaigns at any time, and you can also formally ask to delete your CV from our files by simply emailing us.
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Email campaigns and newsletters.
The Duke Hotel produces email newsletters from time to time, about offers and events which may be of interest to you. You can consent to receive email marketing either by subscribing through our website or by opting in to receive email marketing when making a reservation. If you have signed up for our email newsletter, you may opt at a later date. If you no longer wish to be contacted for marketing purposes there is an unsubscribe option at the bottom of any email marketing that we send.
Email marketing campaigns sent by us may contain tracking capability to analyse and evaluate subscriber activity. Subscriber activity may include the opening of emails, the clicking of links with the email, as well as frequency of activity.
How long we will keep your information
We will only retain your personal information for as long as necessary to fulfil the purpose we collect it for, including for the purposes of satisfying any legal, accounting or reporting requirements. To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
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Third parties with whom we share your information
We may need to share your information with third parties who act on our behalf or provide services to us. We require all such third parties to respect the security of our personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions. ​
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We will require you to disclose your information to the following categories of recipients; (i) other group companies; (ii) our third-party service providers: (iii) our professional advisers; (v) our suppliers; (vi) our trade and business associates; (vii) central and local government; (viii) regulatory authorities; (ix) third parties and local government; (viii) regulatory authorities; (ix) third parties with whom we negotiate commercial agreements; (x) insurers: and (xi) third party marketing companies or platforms where we have obtained express opt-in consent from you.
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Source of information about you
We will collect personal information directly from you. We may also obtain information about you from our data processor, wix.com, website, social media, and physical form we may invite you to fill up in person. If your personal details change at any time, please inform us as soon as possible to ensure that all information held about you remains accurate and up to date.
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Information data transfers.
We do not transfer your personal information outside the EUROPEAN ECONOMIC AREA.
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Your rights in relation to your information
You have a number of rights in relation to your personal information, which we respect and aim to uphold in everything we do. These include the following:
· You can ask us for a copy of the information we hold about you and a description of how we use that information (i.e. subject access request);
· If you believe any information we hold on you may be inaccurate or incomplete, and you are unable to correct this information yourself, you can require us to rectify these inaccuracies;
· You can require us to erase your information in certain circumstances (i.e. the right to be forgotten);
· Where we process your information using automated means on the basis of your consent or to perform the agreement, you can request that we supply such information to another party (i.e. the right to data portability);
· You can require us to restrict our use of your information or object to how it is used in certain circumstances;
· Where we process your information on the basis of our legitimate interests, you have the right to object to us processing your information in certain circumstances;
· Where we are processing your personal data for direct marketing purposes, you have the right to object to us processing your information; and
· Where you have given your consent to us to process your information for particular purposes (e.g. to share your information with third-party marketing companies), you may withdraw this consent at any time, provided that this will not affect the lawfulness of any processing carried out before you exercised the right to withdraw your consent.
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How to contact us
If you have any questions about how we use your information or you wish to contact us about your rights or if you have any complaints about our use of your information, please contact us via email address (see on the website) or use our landline to speak with a manager who will update or remove your information from our website. Our email campaigns also include the unsubscribe button so you can unsubscribe at all the times.
We will do our best to answer any questions and resolve any complaints to your satisfaction. However, if you feel that we have not resolved your complaint, please know that you have the right to complain to the Commissioner's Office.
Please note this Privacy Notice may be updated by us from time to time. Any updates will be notified to you by email.
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Conditions
These terms and conditions ("Agreement") set forth the general terms and conditions of your use of The Duke Hotel website ("Website" or "Service") and any of its related products and services (collectively, "Services"). This Agreement is legally binding between you ("User", "you" or "your") and this Website operator ("Operator", "we", "us" or "our"). By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms "User", "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. You acknowledge that this Agreement is a contract between you and the Operator, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.
Links to other resources
Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Some of the links on the Website may be "affiliate links". This means if you click on the link and purchase an item, the Operator will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website and Services. Your linking to any other off-site resources is at your own risk.
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Prohibited uses
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.
Intellectual property rights​
Intellectual Property Rights" means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by the Operator or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with the Operator. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of the Operator or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of the Operator or third-party trademarks.
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Limitation of liability
To the fullest extent permitted by applicable law, in no event will the Operator, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of the content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of the Operator and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater than one pound or any amounts actually paid in cash by you to the Operator for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
Indemnification
You agree to indemnify and hold the Operator and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.
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Severability
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
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Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.
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Failure to perform any term or condition of the terms as a result of conditions beyond either parties’ control including, but not limited to war, strikes, riots, fires, floods, the act of God, natural phenomena, government restrictions, and power failure, shall not be deemed a breach of the terms.
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General
These terms and any non-contractual obligations arising out of or in connection with them shall be governed by the laws of England and Wales and the court of England and Wales shall have exclusive jurisdiction.
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This document was last updated on the 30th of January 2024.
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- ROMEO MARAIS LTD -