This Privacy Statement explains how we, the Eureka Springs City Advertising & Promotion Commission (CAPC), collect, use, share and store information about individuals (“you”) and your interactions with our website at www.eurekasprings.org and www.visiteurekasprings.com, and our other websites (“Site”). It also explains your choices, such as opting out of receiving newsletters and targeted advertising.
The Eureka Springs City Advertising & Promotion Commission (CAPC) provides its website for your convenience. By using the information, services and products available through this website, you agree to be bound by all of the Eureka Springs City Advertising & Promotion Commission (CAPC)’s terms and conditions of use as set forth herein.
Please note that the Eureka Springs City Advertising & Promotion Commission (CAPC) is not responsible for the content or privacy practices of web sites whose contents are not controlled by the Eureka Springs City Advertising & Promotion Commission (CAPC), whether www.eurekasprings.org and www.visiteurekasprings.com link to them as outside sites or not.
There are two types of information we collect: anonymous and personal. Anonymous information is information that cannot be used to identify you individually. We collect anonymous information automatically. Personal information is information that can be used to identify you individually, such as your name, address, email address, or phone number. We collect personal information only when you give it to us. You may be asked to provide personal information anytime you are in contact with us. We may share your personal information with our tourism partners, as described in detail below. We and our tourism partners may combine your personal information with other information to provide and improve our products, services, and advertising. You are not required to provide any personal information that we request, but if you choose not to do so, in many cases we will not be able to provide you with our services or respond to any questions you might have.
RIGHTS TO USE CONTENT – TERMS AND CONDITIONS
We’re excited to share your social content.
By replying to the Eureka Springs City Advertising & Promotion Commission (CAPC)’s consent request to participate in CrowdRiff (content aggregation tool) with the #YesEureka, you hereby grant the Eureka Springs City Advertising & Promotion Commission–herein referred to as the Eureka Springs CAPC– and its affiliates, subsidiaries, successors, assigns, licensees, sub-licensees, agents, contractors and officials an irrevocable, worldwide, royalty-free, unrestricted, perpetual sub-licensable (through multiple tiers) and transferable right and license to use, copy, transmit, publish or otherwise distribute, modify, create derivative works based upon, incorporate into other works, publicly perform and display the content or any portion thereof, in or through any medium, whether now known or hereafter created (including, but not limited to, on the the Eureka Springs CAPC Facebook pages, other websites owned or controlled by the Eureka Springs CAPC, its affiliates or anyone acting on the Eureka Springs CAPC’s authority, and in e-mails, Facebook, Twitter or Instagram communications), for any and all lawful purposes without compensation to you, and agree to execute documents, instruments or agreements confirming such right and license at the Eureka Springs CAPC’s reasonable request. You agree that any and all content posted by you on any form of social media (“Content”) is non-confidential and represent that you are the sole owner of the Content and that the Eureka Springs CAPC’s use of the content will not violate the rights of any third party, including, but not limited to, copyright rights, and that you will defend and hold harmless the Eureka Springs CAPC from any and all claims arising therefrom.
- You are at least 18 years of age, you have the legal right to enter into this agreement and you are not impersonating anyone else.
- You own all rights in and to your Content including without limitation, all rights to the audio, video and or digital recording and performance contained in your Content (if any) and/or you have acquired all necessary rights to the elements appearing in your Content to enable you to grant the same rights to Eureka Springs CAPC as described herein.
- Your Content is wholly original and does not infringe on the copyright, trademark, patent, trade secret or any other intellectual property rights, privacy rights, or any other legal or moral rights of any third party individual or entity.
- You agree to release and allow all creative license and creative treatment in the use and production of your Content at the discretion of the Eureka Springs CAPC and its affiliate agents.
- You warrant that you have obtained model releases for all individuals who appear in the Content, including children under eighteen years of age where release is obtained from their parent or guardian.
- You voluntarily agree to waive all “moral rights” that you may have to your Content.
- Any information contained in your Content is not known to you to be false, inaccurate or misleading.
- Your Content does not violate any law.
- You were not and will not be compensated or granted any consideration by Eureka Springs CAPC or any other third party for submitting your Content.
- You will not be compensated or granted any consideration in any way by Eureka Springs CAPC or any other third party for the use of your Content.
- Your Content does not incorporate materials from a third party website, copyright protected materials or personally identifiable information of anyone other than yourself.
- You agree to irrevocably release and forever discharge the Eureka Springs CAPC, and its agents, contractors, officials and employees from any and all actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall or may have against the Eureka Springs CAPC, its agents, contractors, officials or employees without limitation resulting from the use of your Content or anything contained therein.
CREDIT FOR CONTENT
The Eureka Springs CAPC shall exercise reasonable efforts to include credit to you when using the content, provided that the details such as your name and/or social media identity (i.e., Twitter handle) are included by you. You voluntarily agree to waive all moral rights in favor of the Eureka Springs CAPC, and under no circumstance shall a failure to include credit by the Eureka Springs CAPC agents, contractors, employees, officials or sub-licensees constitute a breach of these Terms or Conditions or otherwise subject such parties to liability.
You agree to indemnify, defend and hold harmless the Eureka Springs CAPC, and its agents, contractors, officials and employees from and against any and all claims, liabilities, damages, losses, costs, expenses or fees (including a reasonable amount of attorney’s fees) that such parties may incur as a result of or arising from your breach of these terms and conditions. The Eureka Springs CAPC reserves the right in its sole discretion to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you agree to cooperate with the Eureka Springs CAPC’s defense of such claims.
Should you want your Content removed from Eureka Springs CAPC website(s) and/or social media accounts, you will need to send a message to the following: email@example.com Once receipt of your email request is acknowledged, please allow 30 days for any action to take place.
You understand and agree that your Content will be publicly displayed and it will not be treated in confidence. In fact, many people from around the world will be able to view your Content and by replying to the Eureka Springs CAPCs’ request for consent you provide the Eureka Springs CAPC with the right to use and share your Content on its current or future websites including but not limited to www.eurekasprings.org and www.visiteurekasprings.org and in all of their social media channels including, but not limited to, Facebook, Twitter and Instagram, and in all their advertising and marketing including, but not limited to, print and digital, as well as in printed brochures.
You shall comply with all laws applicable to the performance of your obligations under this Agreement. You agree that all matters relating to this Agreement shall be interpreted in accordance with the laws applicable in Arkansas, without reference to its conflict of law provisions, and the parties agree to the exclusive jurisdiction of the Courts of Arkansas. This Agreement shall ensure to the benefit of, and be binding upon, the successors, heirs, legal representatives and assigns of each of the Eureka Springs CAPC and you, as applicable.
We are using “Cookies” on www.eurekasprings.org and www.visiteurekasprings.com for several reasons related to providing high-quality information and features for our users. Cookies are short and simple text files stored on your computer by Internet websites to help identify users and enhance customer service. By providing a simple method of defining “user sessions,” cookies improve the speed and efficiency of our search tools for lodging, attractions and events information.
We use information collected from cookies and other technologies, like pixel tags, to improve your user experience and the overall quality of our services. We use these cookies to collect behavioral visitation data from our visitors through services called retargeting and heat mapping. This data is used specifically to track the manner in which visitors interact with this website and its related web properties. Upon leaving this website, visitors may occasionally be served advertisements from the Eureka Springs CAPC.
If you wish to stop receiving these advertisements, you can do so by simply clearing cookies from your browser. You may also set your browser to block all cookies, including cookies associated with our services, or to indicate when a cookie is being set by us. However, it’s important to remember that many of our website information services may not function properly if your cookies are disabled.
E.U. General Data Protection Regulation (GDPR)
The Eureka Springs CAPC collects personal data from individual users of www.eurekasprings.org and www.visiteurekasprings.com. Certain of this data may constitute protected “personal data” as that term is defined in the E.U. General Data Protection Regulation (“GDPR”).
The following disclosures concerning The Controllers compliance with GDPR are presented for informational and compliance purposes only. Nothing in these disclosures constitutes a representation that any particular data or service is governed or subject to GDPR, nor do these disclosures represent or constitute any contract or undertaking with any individual.
Effective Date of GDPR
GDPR took effect on May 25, 2018. On and after that date, The Controllers will comply with GDPR to the extent applicable.
Utilization of Data
The Controllers utilize personal data including the information provided by you during usage of the website and submission of forms. The Controllers process this data for marketing purposes. This data may be used, for example, to send information electronically or physically that you request.
Basis for the Processing of Data
The Controllers may seek your consent to send communications (marketing communications). The Controllers will seek a separate consent to send these communications in certain cases which may be revoked by you at any time via email to firstname.lastname@example.org or by clicking unsubscribe on the pertinent email communication.
Recipients of Personal Data
Recipients of personal data may include fulfillment providers for physical mailing, email deployers, technical providers of data storage, and back end service providers. All employees of The Controllers who receive or review personal data have received training concerning maintaining the confidentiality of such data and committed themselves to confidentiality. Where appropriate, The Controllers will enter into written agreements governing the processing and confidentiality of personal data by third parties.
Storage of Data
The Controllers will retain data only so long as is necessary.
Your Rights Under GDPR
If the GDPR applies to retention of your personal data, you have several rights including (i) the right to request access, rectification or erasure of your data, (ii) the right to lodge a complaint with the appropriate European Union supervisory authority, and (iii) to the extent processing of data is based on consent, you have the right to withdraw your consent at any time.
A copy of the GDPR is available here.
MODIFICATIONS TO THESE TERMS AND CONDITIONS
The Eureka Springs CAPC may, at its sole discretion, change these Terms and Conditions at any time. The most recent date in which the terms were updated will be listed below.
Last updated: October 6, 2022