TERMS AND CONDITIONS OF CRYSTAL LAGOONS®
WEBSITE (UPDATED AS OF MAY 13 2021)
Who We Are
We are a pioneer and worldwide leader in the development of technologies for the design, construction, development, operations and maintenance of water bodies of unlimited size and crystalline water transparency (the “Services”).”
Crystal Lagoons is a corporate group headquartered in the USA, with address at 2 Alhambra Plaza, Penthouse 1B, Coral Gables, FL 33134, USA and offices in Santiago, Amsterdam, Dubai and Cairo (“Crystal Lagoons”, “we”, “our”, “us”).
Scope of Terms
By accessing or using the Sites you agree to these Terms for yourself and all persons (including minors) or entities for whom you navigate or request information on the Sites. You represent that you have all necessary rights and consents to agree to these Terms on behalf of your party. If you do not agree to these terms, you may not use the Sites.
Changes to the Terms
From time to time, we may revise and update these Terms in our sole discretion and without notice, to accommodate new technologies, industry practices, regulatory requirements or for any other purposes. All changes of the Terms will be available to you at all times on the Sites, and, unless otherwise indicated, such changes will become effective immediately upon posting. Your continued use of the Sites after we make changes is deemed to be an acceptance of those changes, so please check the policy periodically for any updates, as they are binding to you and your represented parties. We will display the effective date of these Terms at the top of this page.
Intellectual Property Rights
The Site and Landing Page may contain links to Web pages of clients, project developers, and other third
parties. Crystal Lagoons is not and will not be responsible for the content of those pages or the links
that these third party pages may contain.
By sending information to Crystal Lagoons or its affiliates through the contact form of the Website or by email pertaining to ideas, existing or prospective inventions, confidential information, know-how or information that is or may be subject to any Intellectual or Industrial Property right, you accept that such information was unsolicited and submission or acceptance of the information imposes no obligation on Crystal Lagoons, and in particular: i) Crystal Lagoons has no obligation to review the information; ii) Crystal Lagoons does not have any obligation to keep the information confidential, even if it is marked as such; iii) the sending or receipt of such information does not constitute Crystal Lagoons’ acknowledgement or presumption of acknowledgement, nor puts Crystal Lagoons or its affiliates on notice about anything, including the existence of any third's party rights; and iv) Crystal Lagoons may have the right to use the information received for any purpose, with no restrictions, including the improvement of its current or future products or services, without any obligation to pay any compensation, royalty, license or the like.
Crystal Lagoons name and logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Crystal Lagoons or its affiliates. You must not use such marks without the prior written consent of Crystal Lagoons. All other names, logos, product and service names, designs, and slogans on the Sites are the trademarks of their respective owners.
You may use the Sites only for lawful purposes and in accordance with these Terms.
You agree not to use the Sites:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- To send, knowingly receive, upload, download, use, or re-use any material provided to you by Crystal Lagoons.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
- To impersonate or attempt to impersonate Crystal Lagoons, our employees, or another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Sites, including libelous, slanderous, defamatory, obscene, inflammatory, discriminatory, or other offensive language against Crystal Lagoons, its shareholders, executives, directors, agents, employees or other users which, as determined by us, may harm Crystal Lagoons or the users of the Sites, or expose them to liability.
Additionally, you agree not to:
- Use the Sites in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Sites, including their ability to engage in real time activities through the Sites.
- Use any robot, spider, or other automatic device, process, or means to access the Sites for any purpose, including monitoring or copying any of the material on the Sites.
- Use any manual process to monitor or copy any of the material on the Sites, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Sites.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Sites, the server on which the Sites are stored, or any server, computer, or database connected to the Sites.
- Attack the Sites via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Sites.
Monitoring and Enforcement, Termination
We have the right to:
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Sites.
- Terminate or suspend your access to all or part of the Sites, for any violation of these Terms.
Inaccuracies, errors or omissions
The Sites may contain technical inaccuracies and typographical errors. Crystal Lagoons does not assume responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor the information affected by such inaccuracies. Crystal Lagoons reserves the right to make changes, corrections, cancellations and/or improvements to Crystal Lagoons Sites, and to the services described on the Sites, at any time without notice.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that the use of Sites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITES LINKED TO IT. YOUR USE OF THE SITES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES IS AT YOUR OWN RISK. THEREFORE, YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE VIRUS SCANNING AND PROTECTIVE MECHANISMS FOR THE SECURITY OF YOUR DEVICES, PROGRAMS AND INFORMATION AND TO PROTECT YOU FROM MALICIOUS PROGRAMS OR THIRD PARTIES. THE SITES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER CRYSTAL LAGOONS NOR ANY PERSON ASSOCIATED WITH CRYSTAL LAGOONS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITES. WITHOUT LIMITING THE FOREGOING, NEITHER CRYSTAL LAGOONS NOR ANYONE ASSOCIATED WITH THE CRYSTAL LAGOONS REPRESENTS OR WARRANTS THAT THE SITES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, CRYSTAL LAGOONS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CRYSTAL LAGOONS, OUR AFFILIATES AND THE THIRD PARTIES CONNECTED TO US, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS, HEREBY EXPRESSLY EXCLUDE ANY LIABILITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR DAMAGES INCURRED BY ANY USER IN CONNECTION WITH OUR SITES OR IN CONNECTION WITH THE USE, INABILITY TO USE, THE SITES OR ANY WEBSITES LINKED TO THEM AND ANY CONTENT OR MATERIALS POSTED ON THEM OR MATERIALS DOWNLOADED IN OUR SITES, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF INCOME OR REVENUE; LOSS OF BUSINESS; LOSS OF PROFITS OR CONTRACTS; LOSS OF ANTICIPATED SAVINGS; LOSS OF DATA; LOSS OF GOODWILL; WASTED MANAGEMENT OR OFFICE TIME; AND FOR ANY OTHER LOSS OR DAMAGE OF ANY KIND, HOWEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless Crystal Lagoons, its affiliates, and their respective shareholders, stakeholders, officers, directors, employees, agents, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Sites, including, but not limited to, any use of the Site’s content, services, and products other than as expressly authorized in these Terms.
Information about You and Your Visits to the Sites
Links to Third Party Sites and Third Party Advertising
The Sites may contain third-party advertising and links to Web pages of clients, project developers, and other third parties not owned or controlled by Crystal Lagoons which are provided for your convenience only. Therefore, we are not responsible for the content of those pages or the privacy practices of those sites. We encourage you to be aware when you leave our Sites and to read the privacy policies of other sites that may collect your personal information.
Waiver and Severability
No waiver by Crystal Lagoons of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Crystal Lagoons to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Your Comments and Concerns
The Sites are operated by Crystal Lagoons. All notices of trademark, copyrights or any other intellectual property related infringement claims should be should be directed to our agent email@example.com.
All other feedback, comments, requests for technical support, and other communications relating to the Sites should be directed to: firstname.lastname@example.org.
Type of Information Collected
We may collect two types of information: the information listed in item N°1 below that you may directly provide to us (“Personal Data”) and the information listed in items N° 2 to N°4 below which we may collect automatically when you navigate through our Sites (“Anonymous Data”).
1. Information related to your name, company, country, e-mail address and from where did you hear about us.
2. Location information, including information provided by a mobile or other device interacting with one of our Sites, or physical properties using Crystal Lagoons technology and/or intellectual property, or associated with your IP address or other online or device identifier, or tracking technologies, where are permitted by law to process this information.
3. Activity information about your use, i.e., the content you view or post, how often you use our services, and your preferences.
4. Usage, viewing, technical, and device data when you visit our Sites, or open emails we send.
We do not collect Personal Data automatically but we may tie this information to Personal Data about you that we collect from other sources or you provide to us.
Disclosure of Aggregate Information
We may use Personal Data and Anonymous Data information to create a third type of information called “Aggregate Information”. Aggregate Information means information about groups or categories of users, which cannot reasonably be used to identify you individually.
How we collect your Information
We may collect your Personal Data or Anonymous Data in the following cases:
- When you submit questions, messages or comments to Crystal Lagoons through the “Contact Us” option of the Site or “Contact Form” of the Sites.
- When you fill out our forms.
- When we exchange communications through emails, texts or other electronic messages.
- When you subscribe to our business newsletters.
- When you accept our Cookies Policy and we collect your information through cookies, flash cookies, pixels, tags, software development kits, application program interfaces, and Web beacons.
- When you respond surveys, or otherwise interact with us using one or more devices.
- When you visit physical properties using Cristal Lagoons technology and/or intellectual property and when use our entry bands to access such physical properties, which contain radio frequency or similar purpose systems and/or other devices.
- When we acquire publicly available information about the social media you use and your preferences to receive advertisements.
Use of the Information
We may use your Personal Data or Anonymous Data to:
- Answer your questions when you used the “Contact Us” or “Contact Form” of the Sites.
- Send you our newsletter to inform you about business opportunities, technology and Crystal Lagoons new services among other topics of interest.
- Store data about your preferences and use of the services offered inside physical properties using Crystal Lagoons technology and/or intellectual property.
- Send you offers and promotions for the use of our services.
- Send you offers and promotions for the purchase of third party supplier’s services and products providing you with the links to the supplier websites.
- Personalize content and experiences to provide you with more relevant content and information.
- Provide you with targeted advertising based on your activity on our Sites and on third-party sites and applications.
- Operate, optimize, develop or improve our Sites, services, including survey research and analytical tools.
- Detect, investigate and prevent activities that may violate our internal policies, including without limitation our confidentiality, compliance, privacy policies, wrongful use of our intellectual property or any other activity that poses safety issues or that could be fraudulent or illegal.
Consent of Use
Accessing and Correcting your Information
You may request access, rectification or cancellation of your data at any time by sending us an email to email@example.com.
Crystal Lagoons will seek to ensure the confidentiality and correct use and treatment of the User’s Personal Data through the implementation of technical, administrative, and physical security measures designed to protect your information from unauthorized access, disclosure, use, and modification.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Sites. Any transmission of Personal Data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Sites and any unauthorized access, use and modification of your Personal Data.
Disclosure of Your Information
We may disclose Personal Data that we collect or you provide as described below:
1) To our subsidiaries and affiliates.
2) To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
3) To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Crystal Lagoons’ assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Crystal Lagoons about our Site’s users is among the assets transferred.
4) To third party vendors, suppliers to market their products or services to you. We contractually require these third parties to keep information confidential and use it only for the purposes for which we disclose it to them.
5) For any other purpose disclosed by us when you provide the information.
6) For other purposes with your consent.
We may also disclose your Personal Data:
1) To comply with any court order, law, or legal process, including responding to any government or regulatory request.
2) To enforce or apply our Terms and other agreements.
3) If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Crystal Lagoons, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Transfers, Storage and Processing of Your Information
Disabling/Enabling Cookies via Your Browser
There are a number of ways for you to manage cookies and other tracking technologies. Through your browser settings, you can accept or decline cookies or set your browser to prompt you before accepting a cookie from the websites you visit. You should be aware that you may not be able to use all interactive features of a website, including our Sites, if you set your browser to disable cookies entirely.
If you use different computers in different locations you will need to ensure that each browser is adjusted to suit your preferences.
You can delete any cookies that have been installed in the cookie folder of your browser. The various browsers provide different procedures to manage your settings.
You should also be aware that disabling cookies does not disable other types of analytics products which we may use to collect generic information about how you and other visitors use our Sites.
Control and Choices
You may choose to exercise other controls and choices regarding our collection, use and sharing of your information. In accordance with applicable law, your controls and choices may include:
- Choosing or changing your choices for subscriptions, newsletters, and alerts by sending an email to: firstname.lastname@example.org.
- Choosing whether to receive offers and promotions for our services, or services that we think may be of interest to you;
- Choosing whether we share your Personal Data with third parties so they can send you offers and promotions about their products and services.
- Requesting access to the Personal Data we hold about you and that we amend or delete it.
Please be aware that in case you do not allow us to collect Personal Data from you, we may not be able to deliver certain experiences, products, and services to you, and some of our services may not be able to take account of your interests and preferences.
If collection of Personal Data is mandatory, we will make that clear at the point of collection so that you can make an informed decision whether to participate or not.
UK & EU RESIDENTS' RIGHTS
Notice to UK & EU Residents: If you are an EU or UK resident, you may have the following additional privacy rights:
When you visit de Sites, your Personal Data is controlled by Crystal Lagoons CRYSTAL LAGOONS B.V. with its permanent address at Singel 250, 1016AB Ámsterdam, Netherlands.
Your Personal Data is primarily used to provide you with the Services you request. It may also be used to comply with legal obligations we are subject to or to fulfill our legitimate interests, such as to personalize your experience, develop and improve our services or to detect illegal activities. With your prior consent, it may also be used to send you offers and promotions.
Our Data Protection Officer can be contacted by emailing: legal@crystal- lagoons.com.
If you are in the EU, you may reach us through our local Representatives. You may contact our Representatives at email@example.com.
You have a right to lodge a complaint with your local Data Protection Supervisory Authority or with the UK Information Commissioner’s Office: https://ico.org.uk/for-the-public.
BRAZILIAN RESIDENTS' RIGHTS
Notice to Brazilian Residents: If you are a Brazilian resident, you may have certain additional privacy rights.
How we use your personal data and your rights:
When you visit our Sites, your personal data is controlled by CRYSTAL LAGOONS B.V. with permanent address at Singel 250, 1016AB Amsterdam, Netherlands
Your personal data is primarily used to provide you the Services you request. It may also be used to comply with legal obligations we are subject to or to fulfill our legitimate interests, such as to personalize your experience, develop and improve our services or to detect illegal activities. Crystal Lagoons may also process personal data for purposes of complying with applicable local laws and regulations in the territory where our products and services are offered. With your prior consent or whenever there is a legitimate interest at stake, it may also be used to send you offers and promotions.
You have a number of rights set forth in Brazil’s data protection legislation including but not limited to the right to confirm the existence of the processing of your personal data, request access to, change, or remove your personal data, or to change your marketing preferences (including withdrawing your consent at any time).
Contact Information for Data Protection Office
CRYSTAL LAGOONS B.V. with permanent address at Singel 250, 1016AB Amsterdam, Netherlands
Our Data Protection Officer can be contacted by emailing: firstname.lastname@example.org
CALIFORNIA RESIDENTS' RIGHTS
a) NOTICE OF COLLECTION OF PERSONAL INFORMATION
We collect these categories of personal information when you interact with us: identifiers/contact information, demographic information (such as gender and age), commercial information, Internet or other electronic network activity information, geolocation data, audio, electronic, visual or similar information, and inferences drawn from the above.
We collect this information so that we can best serve you, including to fulfill your requests and to share offers that we think you may be interested in.
California residents also have the right to “opt out” of the “sale” of their “personal information” to “third parties” (as those terms are defined in the CCPA and described below).
b) MANDATORY DISCLOSURES
We also make the following disclosures for purposes of compliance with the CCPA:
We may have collected the following categories of personal information in the last 12 months: identifiers/contact information, demographic information (such as gender and age), payment card information associated with you, commercial information, Internet or other electronic network activity information, geolocation data, audio, electronic, visual or similar information, and inferences drawn from the above.
The sources of Personal Data from whom we collected are: directly from you, our Sites, third-party sites or physical properties using Crystal Lagoons technology and/or intellectual property analytics tools, social networks, advertising networks, and third-party services that update or supplement information we hold about you.
c) YOUR RIGHTS
Right to Access
If you are a California resident, you have the right to request, up to two times each year, access to categories and specific pieces of Personal Data about you that we collect, use or disclosed.
Right to Delete
If you are a California resident, you have the right to request that we delete personal information that we collect from you, subject to applicable legal exceptions.
If you are a California resident, you have the right to “opt out” of the “sale” of your “personal information” to “third parties” (as those terms are defined in the CCPA).
Process to Make a CCPA Request
Instructions for Making Access and Deletion Requests
You may submit an access or deletion request yourself or through an authorized agent on your behalf at email@example.com. An authorized agent must have your signed permission to submit a request on your behalf or provide proof that they have power of attorney in accordance with California probate law. Authorized agents that are business entities must be registered with the California Secretary of State to conduct business in California. Before completing requests from authorized agents, we may contact you directly to confirm you’ve given your permission and/or to verify your identity.
Shine the Light Act
If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by certain members of Crystal Lagoons group to third parties for the third parties’ direct marketing purposes. Pursuant to California Civil Code Section 1798.83(c)(2), members of Crystal Lagoons group do not share users’ personal information with other member companies or others outside Crystal Lagoons and its affiliates for those parties’ direct marketing use unless a guest elects that we do so.
To make such a request, please send an email to firstname.lastname@example.org
Removal of Content
If you are a California resident under the age of 18, and a registered user of any site where this policy is posted, California Business and Professions Code Section 22581 permits you to request and obtain removal of content or information you have publicly posted.
To make such a request, please send an email with a detailed description of the specific content or information to email@example.com. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested.
If you have a question about our privacy policies, please send an email to firstname.lastname@example.org