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Terms and Conditions & Privacy Policy2020-02-24T20:38:13+00:00

Nihi Sumba

Terms and conditions and privacy policy

Effective date: February 18th, 2020

PT IAS (“us”, “we”, or “our”) operates the https://nihi.com website (the “Service”).

This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data.

We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy.  Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions below.

We respect the privacy of your personal data and is committed to ensuring its proper collection, storage, use and disclosure. Please read the following to learn about our Privacy Policy. This Privacy Policy governs your use of the website www.nihi.com.

By visiting this website, and/or use the services offered on or through this website, you shall be deemed to have accepted to be legally bound by the terms and conditions set out herein.

We reserve the right to modify, add, vary or amend all or part of this Privacy Policy from time to time, without prior notice to you.

Definitions

* Service

Service is the https://nihi.com website operated by PT IAS

* Personal Data

When referred to in this Privacy Policy, the term “Personal Data” means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household, including without limitation any information that is subject to applicable data protection laws. Personal Data may include  “Personal Data” as defined under the European Union (“EU”) General Data Protection Regulation 2016/679 (“GDPR”), and “Personal Information” as defined under the California Consumer Privacy Act, Cal. Civ. Code §§ 1798.100 et. seq., as amended (“CCPA”) where indicated in this Privacy Policy.

* Usage Data

Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

* Cookies

Cookies are small pieces of data stored on your device (computer or mobile device).

* Data Controller

Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.

For the purpose of this Privacy Policy, we are a Data Controller of your Personal Data.

* Data Processors (or Service Providers)

Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller.

We may use the services of various Service Providers in order to process your data more effectively.

* Data Subject (or User)

Data Subject is any living individual who is using our Service and is the subject of Personal Data.

Personal Data

NIHI collects Personal Data such as name and email address when you register to subscribe to our newsletter, contact us to request further information or to reserve accommodation.

All our email communication with you requires consent, whether explicit or inferred. The emails you receive will contain details regarding unsubscribing from our database.

We will not pass on your personal details to third parties or share with companies/people outside of the NIHI team. We do not sell, rent or otherwise make Personal Data commercially available to any third party, except with your prior permission. 

This Privacy Policy does not cover the links within this site linking to other websites. We encourage you to read the privacy statements on the other websites you visit.

Our web server automatically receives and records information from your browser on server logs including but not limited to your Internet Protocol address, cookie information and the page you requested. NIHI will make no attempt to identify users or their browsing activities with this data. The purpose of this information is to evaluate the performance of the website and to improve the content and format for its users.

Information Collection and Use

We collect several different categories of information for various purposes to provide and improve our Service to you.

Types of Data Collected

Personal Data

While using our Service, we may ask you to provide us with certain Personal Data that can be used to contact or identify you. We may collect and use the following Personal Data including, but not limited to:

* Email address
* First name and last name
* Phone number
* Address, State, Province, ZIP/Postal code, City
*Bank account number, credit card number, debit card number, or any other financial information collected via Credit Card Authorization Form upon inquiry
* Cookies and Usage Data

Usage Data

We may also collect information on how the Service is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

Tracking & Cookies Data

We use cookies and similar tracking technologies to track the activity on our Service and hold certain information.

Cookies are small files placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Service. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use:

* Session Cookies. We use Session Cookies to operate our Service.
* Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
* Security Cookies. We use Security Cookies for security purposes.

Use of Data

We use the collected categories of data described for the following various purposes:

* To provide and maintain our Service
* To notify you about changes to our Service
* To allow you to participate in interactive features of our Service when you choose to do so
* To provide customer support
* To gather analysis or valuable information so that we can improve our Service
* To monitor the usage of our Service

*To verify your identity and process transactions as part of our Service
* To detect, prevent and address technical issues

Legal Basis for Processing Personal Data Under General Data Protection Regulation (GDPR)
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If you are from the European Economic Area (EEA), Our  legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it.

We may process your Personal Data because:

* We need to perform a contract with you
* You have given us permission to do so
* The processing is in our legitimate interests and it’s not overridden by your rights
* To comply with the law

Retention of Data

We will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.

Transfer of Data

Your information, including Personal Data, may be transferred to and maintained on computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside Indonesia and choose to provide information to us, please note that we may transfer the data, including Personal Data, to Indonesia and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

Disclosure of Data

*Business Transaction

If we are involved in a merger, acquisition or asset sale, your Personal Data may be transferred. We will provide notice before your Personal Data is transferred and becomes subject to a different Privacy Policy.

*Disclosure for Law Enforcement

Under certain circumstances, we may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

*Legal Requirements

We may disclose your Personal Data in the good faith belief that such action is necessary to:

* To comply with a legal obligation
* To protect and defend our  rights or property

* To prevent or investigate possible wrongdoing in connection with the Service
* To protect the personal safety of users of the Service or the public
* To protect against legal liability

Security of Data

The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable, reasonable safeguards and means to protect your Personal Data, we cannot guarantee its absolute security.

“Do Not Track” Signals Under California Online Privacy Protection Act (CalOPPA)

Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.  You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser. We currently do not respond to Do Not Track signals or similar mechanisms.

Your Data Protection Rights Under the California Consumer Privacy Act (CCPA)

If you reside in the State of California (“CA consumers” or “you”), you may have certain additional rights under the CCPA as described below. 

No sale

We do not sell Personal Data. 

Access to specific information and data portability rights

CA Consumer have the right, subject to certain exceptions defined in the CCPA and other applicable laws and regulations, to request that companies disclose certain information to CA Consumers about the collection and use of their Personal Data over the past 12 months. This right of access includes information about:

*The categories of Personal Data we collected about you
*The categories of sources for the Personal Data we collected about you
*Our business or commercial purpose for collecting that Personal Data
*The categories of third parties with whom we share that Personal Data
*The categories of Personal Data that each recipient received
*The specific pieces of Personal Data we collected about you

Deletion request rights

CA Consumers have the right, subject to certain exceptions defined in the CCPA and other applicable laws and regulations, to request that a company delete any of their Personal Data that it has collected from CA Consumers and retained, subject to certain exceptions.

Exercising access, data portability, and deletion rights

To exercise the access, data portability, and deletion rights described above, CA Consumers must submit a verifiable consumer request to us by contacting by email: info@nihi.com ,or calling us at +1 910-622-2657. Any verifiable consumer request must:

 

*Provide sufficient information that allows us to verify, to a reasonably high degree of certainty, that you are the person about whom we collected Personal Data. This may include requesting that you provide us with at least two or more pieces of Personal Data to match against Personal Information about you that we may or may not maintain and which we have determined to be reliable for the purpose of verification.

*Describe your request with sufficient detail to allow us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with Personal Data if we cannot verify your identity or authority to make the request and confirm the Personal Data relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use Personal Data provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

CA Consumers may only make a verifiable consumer request for access or data portability twice within a 12-month period.

Authorized Agent

Only CA Consumers, or a person they have designated in writing as their authorized agent, or who is registered with the California Secretary of State to act on their behalf, or to whom they have provided power of attorney pursuant to California Probate Code sections 4000 to 4465 (Authorized Agent) may make a verifiable consumer request related to the Personal Data of a CA Consumer. You may also make a verifiable consumer request on behalf of your minor child.

If you wish to have an Authorized Agent make a verifiable consumer request on your behalf, they will need to provide us with sufficient written proof that you have designated them as your Authorized Agent and we will still require you to provide sufficient information to allow us to reasonably verify that you are the person about whom we collected Personal Data.

Non-discrimination

CA Consumers have the right not to receive discriminatory treatment for exercising any of their CCPA rights.

Your Data Protection Rights Under General Data Protection Regulation (GDPR)

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. We  aim to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.  If you wish to be informed of what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.  In certain circumstances, you have the following data protection rights:

* The right to access, update or to delete the information we have on you.  Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.

* The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.

* The right to object. You have the right to object to our processing of your Personal Data.

* The right of restriction. You have the right to request that we restrict the processing of your personal information.

* The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.

* The right to withdraw consent. You also have the right to withdraw your consent at any time where PT IAS relied on your consent to process your personal information.

Please note that we may ask you to verify your identity before responding to such requests.

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).

Service Providers

We may employ third party companies and individuals to facilitate our Service (“Service Providers”), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used for business purposes only, including but limited to advertising and marketing our Service.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose. When we disclose Personal Data for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that Personal Data confidential and not use it for any purpose except performing the contract. 

Marketing Communications, Notices & Consent

You can ask us to stop sending you publications or marketing messages at any time. Where you opt out of receiving these publications or marketing messages, we will not send you further such communications; however, Personal Data provided to us as a result of our Service will not be deleted.

If you want to learn more about advertising networks or opt-out of receiving personalized advertisements on this browser or device from advertisers who are members of the Network Advertising Initiative or who subscribe to the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising you can visit the opt-out options of each of those organizations. Here are links to the sites of those organizations:

Network Advertising Initiative: Browser Opt-Out: http://www.networkadvertising.org/choices/

Digital Advertising Alliance: Browser Opt-Out: http://www.aboutads.info/choices/

Both Network Advertising Initiative and Digital Advertising Alliance: App Opt-Out: http://youradchoices.com/appchoices

 

Your device may include a feature (“Limit Ad Tracking” on iOS or “Opt Out of Interest-Based Ads” on Android) that allows you to opt-out of having certain information collected through apps used for interest-based advertising purposes. When you opt out of personalized advertising, you may continue to see online advertising on the Website and/or our ads on other websites and online services. Since this opt-out relies on cookies, if you delete your cookies, you will need to opt-out again.

Even when you opt-out of personalized advertising, you may continue to see online advertising on the Website and/or our ads on other websites and online services.

Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

* Google Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.

For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page:

VIEW GOOGLE PRIVACY & TERMS  

Links to Other Sites

Our Service may contain links to other sites that are not operated by NIHI. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.  We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.  By clicking or activating such links, you acknowledge that NIHI does not control any data or information which you give to any other company after leaving this website. NIHI shall not be accountable for any damages or loss arising from you accessing such other websites.

Children’s Privacy

Our Service does not address anyone under the age of 18 (“Children”).

We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

Changes to This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the “effective date” at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Terms of use

By visiting this website, and/or use the services offered on or through this website, you shall be deemed to have accepted to be legally bound by the terms and conditions set out herein.

NIHI reserves the right to modify, add, vary or amend all or part of these terms of use from time to time, without prior notice to you.

Intellectual Property Rights

This website and all materials, including but not limited to photographs, illustration, data, text, images, and information on NIHI  activities, products, and services offered on this website are protected by copyright, trademark.

Except otherwise provided and agreed by the NIHI team, you are strictly prohibited from uploading, downloading, copying and reproducing, re-publishing, transmitting or distributing in any way, the contents or any part thereof.

Governing Law

These Terms and Conditions are covered in all respects by the Law of Indonesia and any legal action arising under the contract shall be litigated only in the appropriate Court having jurisdiction in that country.

Reservations terms and conditions

The terms and conditions detailed below apply to the booking of accommodation at NIHI Resort. These terms and conditions contain provisions in the contractual relationship between you and us.

NIHI reserves the right to modify, add, vary or amend any of these terms and conditions from time to time without prior notice to you.

Rates

All rates are quoted in US Dollars and will be converted to local currency (Rupiah) with the service charge and taxes, at the prevailing exchange rate.

Exchange Rates For Credit Card Payments Are Subject To Change

Indonesian banks can only accept Credit Card payments converted to Indonesia Rupiah. Our reservations office will convert the payments into Rupiah at the current exchange rate based on the day of invoicing. We will send the invoice along with a Credit Card Authorization Form for your perusal.

Due to the fluctuation of currency exchange, Credit Card Authorization Form is only valid for three days. If the form has not been returned to us by fax/email within three days, we reserve the right to send an adjusted form reflecting the up-to-date conversion rate.

Deposit

A deposit of 50% is required to confirm your reservation. On payment of this deposit, you will be deemed to have accepted these Terms and Conditions. We reserve the right to cancel a reservation without notice if the deposit is not received within seven days of the booking being made.

Balance

The balance of the billing (including transfer charges) is to be received by us at least 3 months prior to the first day of your stay. We will send an invoice and notice of the balance payment, with a Credit Card Authorization form if required. As our accommodation is limited, if we have not received the balance by the due date, we may assume that you have canceled your reservation.

Cancellations

NIHI bookings are typically made one year to six months in advance and most international flights inbound to Indonesia are fully booked two to three months prior to planned arrival dates. Therefore, we have little chance to re-sell canceled accommodation and must treat canceled bookings as unrecoverable.

Cancellations must be received by NIHI in writing either by email or fax. Bookings cancelled or reduced in number are charged as indicated below:

 

  • 120 – 91 days before arrival = 1 night of accommodation
  • 90 – 61 days before arrival = 50% of total booking
  • 60 – 31 days before arrival = 75% of total booking
  • 30 days or less = 100% of total booking

 

No refund will be given for no-show or days not used resulting from early check out. In case of late arrival, the resort will be happy to extend a stay provided there are villas available however the resort cannot be held accountable for any flight delays or cancellations.

Last Minute Bookings

In the event of a last-minute booking made in Bali, the payment method is to be pre-arranged with our Reservations Manager, with full payment received prior to traveling to NIHI.

Change Of Arrival Dates Or Days Not Used

We will accommodate requests for a change of a confirmed arrival date provided we have space available for the new dates requested. In such cases, there will be no cancellation fee applied. The newly confirmed dates will be subject to the cancelation terms shown above. No refund or credit will be given in whole or in part for days not used resulting from premature departure.

 

Insurance

We strongly recommend that you take out a comprehensive travel insurance policy at the time of booking. Please ensure that you and all those accompanying you are covered for the full time of your visit against illness, injury, medical evacuation, death, loss of baggage and personal items during travel and stay at NIHI, flight and accommodation cancellation and other travel contingencies.

Responsibility

NIHI will not be liable for any injuries, loss of or damage to personal equipment and property during your stay with us, and/or during your participation in any of the resort’s activities. For your safety, please follow any directions that may be given to you during your stay and/or participation of activities. Guests participating in scuba diving and horse-riding activities are required to sign an indemnity release form.

Further Warranties and Limitation of Liability

NIHI will not be liable, whether under tort or contract, for any damages or losses suffered or incurred by visitors, including direct, consequential, incidental, special, or indirect damages, arising from or otherwise resulting directly or indirectly from: Delay of international flights, any government restriction, war strike, industrial action, civil commotion, natural disaster or any other event or circumstances beyond NIHI’s control.

 

If you have any questions about this Privacy Policy or Terms of Use, please contact us by email: info@nihi.com