Legal & Privacy

About this Policy

This policy sets out the Paradise Found LLC trading as The Beach Club, Barbuda (“we”, “our”, “us”, “The Beach Club, Barbuda”) position in relation to the retention of personal data (being any information identifying any living person or information relating to a living person that we can identify (directly or indirectly) from that data alone or in combination with other identifiers we possess or can reasonably access. Examples of personal data include, but are not limited to, information revealing their name, address, email address, identification number, location data, online identifiers, and/or one or more factors specific to their physical, physiological, genetic, mental, economic, cultural or social identity).

The Beach Club, Barbuda has a responsibility to maintain its records and record keeping systems in accordance with the regulatory environment. This policy seeks to set out The Beach Club, Barbuda’s position with regard to the retention of personal data under the European General Data Protection Regulation (“GDPR”) specifically, and in order to meet comparable expectations in any other laws and/or regulations that govern the processing of personal data globally.

This policy applies to all customers, suppliers, third party contacts, employees, workers and consultants of The Beach Club, Barbuda (“you” or “your”). The Beach Club, Barbuda may change, alter, amend or replace this policy at any time.

This policy is intended to ensure that The Beach Club, Barbuda processes personal data (whether in the form of employment records, client records or supplier records) in accordance with the personal data protection principles set out in the GDPR, in particular that:

Personal data must be collected only for specified, explicit and legitimate purposes. It must not be further processed in any manner incompatible with those purposes.

Personal data must be adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed. When Personal Data is no longer needed for specified purposes, it is deleted or anonymised as provided by these guidelines.
Personal data must be accurate and, where necessary, kept up to date. It must be corrected or deleted without delay when inaccurate.
Personal data must not be kept in an identifiable form for longer than is necessary for the purposes for which the data is processed.
Personal data must be secured by appropriate technical and organisational measures against unauthorised or unlawful processing, and against accidental loss, destruction or damage.

Any questions about the operation of the policy and guidelines should be submitted to info@thebeachclub.com

Retention of Customer/ Supplier / Third Party Personal Data

2.1 Types of Personal Data

The Beach Club, Barbuda collects and processes personal data relating to its customers, prospect customers, suppliers, contacts, and other third parties.

2.2 Location of Personal Data

Personal data relating to customers, prospect customers, suppliers, contacts and other third parties is held by The Beach Club, Barbuda. The Beach Club, Barbuda manages personal data in accordance with this policy.

2.3 General Principles on Retention and Erasure of Personal Data

The Beach Club, Barbuda’s approach to retaining personal data relating to its customers, prospect customers, suppliers, contacts and other third parties is to ensure that it complies with the data protection principles referred to in this policy and, in particular, to ensure that:

Records are regularly reviewed to ensure that they remain adequate, relevant and limited to what is necessary to support The Beach Club, Barbuda’s operational needs and/or compliance with legal or regulatory requirements.
Records are kept secure and are protected against unauthorised or unlawful processing and against accidental loss, destruction or damage. Where appropriate, The Beach Club, Barbuda will seek to use anonymization to prevent identification of individuals.
When records are destroyed, whether held as paper records or in electronic format, The Beach Club, Barbuda will ensure that they are safely and permanently erased. Consideration needs to be given to whether the document should be destroyed or subject to a further period of retention or permanent retention as an archive.

2.4 Retention and Erasure of Personal Data

When determining the appropriate retention period for personal data relating to customers, prospect customers, suppliers, contacts and other third parties, The Beach Club, Barbuda has regard to the purpose for which that personal data was collected. However, The Beach Club, Barbuda also has regard to legal risk and may keep records for up to seven years (and in some instances longer) after any contractual relationship with us has ended. In some instances (where we are pursuing or defending claims) we may be required to retain the personal data for the life of that claim (including any appeals or reviews and including, where appropriate enforcement).

Terms & Conditions

Intellectual Property Rights

In these Terms of Use, “Intellectual Property Rights” means intellectual property rights and includes: Copyright, patents, database rights and rights in trademarks, designs, know-how and confidential information (whether registered or unregistered); Applications for registration, and the right to apply for registration, for any of these rights; All other intellectual property rights and equivalent or similar forms of protection existing anywhere in the world; Any licenses, permissions, or rights to use obtained by a third-party owner of intellectual property to use the Content on Our Platforms; “Content” means Our Platforms, including but not limited to the underlying HTML, text, graphics, logos, button icons and images, audio clips, video clips, digital downloads (as well as the organization and layout of Our Platforms), software and other content, including that which is provided by external Third Party Service providers, published and made available to you on Our Platforms. Paradise Found LLC owns (and where applicable is the licensee of) all Intellectual Property Rights in the Content. All rights, including those not expressly granted, in and to the Platforms and the Content accessible thereon, are reserved by Paradise Found LLC. Except as otherwise described herein, nothing on Our Platforms shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo displayed on the Platforms without the owner’s prior written permission.

Use of contents on the platforms

Limited license: You may access, copy, download and print the Content contained on Our Platforms for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the Content you access, copy, download or print. Any other use of Content on Our Platforms, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing is expressly prohibited. You agree to abide by all additional restrictions displayed on Our Platforms as may be updated from time to time. The limited license that is referred to above is revocable at any time in Paradise Found LLC’s sole discretion. Paradise Found LLC neither warrants nor represents that your use of Content on the Platforms will not infringe rights of third parties not affiliated with Paradise Found LLC. You may not use contact information provided on Our Platforms for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Platforms or to surreptitiously intercept any system, data or personal information from the Platforms. You agree not to interrupt or attempt to interrupt the operation of the site in any way.

Our website is not an offer to sell securities

The material contained in this website is for informational purposes only. Nothing in this website is intended as an inducement or invitation for any person to acquire securities in any jurisdiction. Nothing in the website constitutes or forms a part of any offer for sale or subscription of, or any invitation to offer to buy or subscribe for, any securities, nor should it or any part of it form the basis of, or be relied upon in any connection with any contract or commitment whatsoever. The material is not to be construed as an offer or a recommendation to buy or sell a security.

Accessing our platforms

We do not guarantee that Our Platforms, or any Content on them, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of Our Platforms without notice. We will not be liable to you, if for any reason, Our Platforms are unavailable at any time or for any period. Paradise Found LLC reserves the right to refuse or cancel any person’s registration for Our Platforms, or remove any person from or prohibit any person from using Our Platforms, at its sole discretion, at any time and without notice. Termination of your access or use will not waive or affect any other right or relief, to which Paradise Found LLC may be entitled to in law.

Third-Party services

Certain links on Our Platform lead to content and resources that are located on websites and servers not under the control of Paradise Found LLC, or for which organizations other than Paradise Found LLC are responsible. Such websites, resources and any products and services offered through them are referred to as “Third-Party Services”. Any links to Third-Party Services are provided as a convenience to you only. Paradise Found LLC takes no responsibility for the accuracy, content or any aspect of any Third-Party Service, whether linked to Our Platforms or not, and disclaims any and all liability to you therefor or for any consequence of your decision to use or your use of any such Third-Party Service. You understand and agree that: Your use of any Third-Party Service through Our Platforms is subject to such terms, conditions and limitations that the Third-Party Service may impose as a condition of such use, and you agree to abide by all such restrictions; Either Paradise Found LLC or a provider of a Third-Party Service may restrict or terminate your access to such Third-Party Service at any time; and You shall not bring a suit or claim against Paradise Found LLC, its partners, employees, agents, contractors, suppliers, or any of them arising from or based on your purchase or use of resources, products or services through any Third-Party Service.

Changes and updates to these Terms of Use

From time to time We may update, revise, or change these Terms of Use and Our Privacy Policy. These changes will be posted on Our website. Please regularly check these pages for the latest version of these Terms of Use and Our Privacy Policy. Third-Party Service providers may also change their terms of use from time to time. Paradise Found LLC may not always update these terms to reflect these changes immediately and cannot guarantee that the hyperlinks to the third-party websites are valid and usable.

Changes and updates to our platforms

We may update Our Platforms from time to time and may change the Content at any time. Please note that any of the Content on Our Platforms may be out of date at any given time, and We are under no obligation to update it. We do not guarantee that Our Platforms, or any Content on them, will be free from errors, omissions, or defects, whether material or otherwise, and assume no responsibility or liability in relation thereto.

Viruses

We do not warrant or guarantee that Our Platforms will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access Our Platforms. You should use your own virus protection software. You must not misuse Our Platforms by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to Our Platforms, the server on which Our Platforms are stored or any server, and computer or database connected to Our Platforms. By breaching this provision, you would commit an offence under the laws of Antigua and Barbuda and other countries. We will report any such breach to the relevant law enforcement authorities, and We will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Our Platforms will cease, immediately. We do not warrant or guarantee that Our Platforms will be secure, including from cyber-attacks, which may either seek to disrupt access to Our Platforms or steal data contained on Our Platforms. You access Our Platforms and submit any data to the Platforms entirely at your own risk.

Exclusion of liabilities

To the fullest extent permissible by the Laws of Antigua and Barbuda, Paradise Found LLC excludes its liability arising from your access to and use of Our Platforms. You (and any others for whom you allow access to the Platforms) agree that in no event will We be liable to you or to any other person, whether in contract, tort or otherwise, for any loss, liability, cost, damage or other injury of any kind whatsoever, including for consequential, incidental, indirect, special, or punitive damages, including lost profits, business interruption, loss of programs or data on any information handling systems or otherwise, arising out of or resulting from: Any access to or use of the Platforms or Content, or due to any connectivity issues occurring at your premises, even if expressly advised of the possibility thereof; Any inability by you to access the Platforms or Content for any reason whatsoever; Any attack upon the Platforms or Content, including any theft or loss of data from the Platforms or Content; Any virus, distributed denial of service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Platforms or the Content or to your downloading of any Content on it, or on any application, website or content linked to it. Without prejudice or limitation to any of the foregoing, to the fullest extent permissible by applicable laws, Paradise Found LLC excludes any liability on Our behalf and on behalf of any Our Affiliates for any claims or matters arising under or in connection with these Terms of Use. You may not make a claim or bring proceedings relating to the Platforms or Content or against any other Paradise Found LLC Affiliate to the extent that no direct contractual relationship exists between you and those entities. You shall make any claim or bring proceedings only against Us on the basis that We are the party with whom You have contracted under these Terms of Use. For the purposes of these Terms of Use, “Affiliate” means an entity or individual that controls, is controlled by, or is under common control with, the first entity, and “control” means the ability to direct the policies or operations of an entity, whether by contract, ownership of equity interests, or otherwise. Any claim made in relation to the Platform or Content or otherwise under these Terms of Use, must be brought no later than twelve (12) months from the date of the act or omission alleged to have caused the claim.

Applicable law

The Laws of Antigua and Barbuda will govern these Terms of Use and the courts of Antigua and Barbuda shall have exclusive jurisdiction over any disputes arising out of these.

Disclaimer

The contents of this website are private and confidential, for the eyes of the intended recipient only and not for wider distribution.

Contents are indicative only and will be subject to change in line with the project development. All contents, images and logos included on this site are the Intellectual Property of Paradise Found Barbuda LLC or Nobu Hospitality, LLC