Henderson County Tourism Development Authority
The Henderson County Tourism Development Authority (HCTDA) 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 Henderson County Tourism Development Authority (HCTDA)’s terms and conditions of use as set forth herein.
Please note that the Henderson County Tourism Development Authority (HCTDA) is not responsible for the content or privacy practices of web sites whose contents are not controlled by the Henderson County Tourism Development Authority (HCTDA), whether visithendersonvillenc.org links 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 Henderson County Tourism Development Authority (HCTDA)’s consent request to participate in CrowdRiff (content aggregation tool) with the #YesHVL, you hereby grant the Henderson County Tourism Development Authority (HCTDA)–herein referred to as the HCTDA – 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 HCTDA Facebook pages, other websites owned or controlled by the HCTDA , its affiliates or anyone acting on the HCTDA’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 HCTDA’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 HCTDA’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 HCTDA 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 the Henderson County Tourism Development Authority 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 Henderson County Tourism Development Authority 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 Henderson County Tourism Development Authority or any other third party for submitting your Content.
- You will not be compensated or granted any consideration in any way by Henderson County Tourism Development Authority 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 Henderson County Tourism Development Authority, 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 Henderson County Tourism Development Authority (HCTDA)Henderson County Tourism Development Authority, its agents, contractors, officials or employees without limitation resulting from the use of your Content or anything contained therein.
For users of HCTDA sites who have username and passwords to access certain areas of such sites, it is important for you to protect against unauthorized access to your password and to your computers, devices, and applications. We recommend using a unique password for HCTDA sites that is not used for other online accounts. Be sure to always sign off HCTDA site accounts when you are finished using a shared computer.
TERMINATION OF ACCESS
CREDIT FOR CONTENT
The Henderson County Tourism Development Authority 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 Henderson County Tourism Development Authority, and under no circumstance shall a failure to include credit by the Henderson County Tourism Development Authority or its 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 Henderson County Tourism Development Authority, 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 Henderson County Tourism Development Authority 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 Henderson County Tourism Development Authority’s defense of such claims.
Should you want your Content removed from Henderson County Tourism Development Authority website(s) and/or social media accounts, you will need to send a message to the following: [email protected] 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 Henderson County Tourism Development Authority (HCTDA)s’ request for consent you provide the Henderson County Tourism Development Authority (HCTDA) with the right to use and share your Content on its current or future websites including but not limited to visithendersonvillenc.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 North Carolina, without reference to its conflict of law provisions, and the parties agree to the exclusive jurisdiction of the Courts of North Carolina. This Agreement shall inure to the benefit of, and be binding upon, the successors, heirs, legal representatives and assigns of each of the Henderson County Tourism Development Authority (HCTDA) and you, as applicable.
We are using “Cookies” on visithendersonvillenc.org 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 Henderson County Tourism Development Authority (HCTDA).
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 Henderson County Tourism Development Authority (HCTDA) collects personal data from individual users of visithendersonvillenc.org, and thereby act as a date controller “Controller”) in relation to your personal data. Certain of this data may constitute protected “personal data” as that term is defined in the E.U. General Data Protection Regulation (“GDPR”). If you are located in the European Union (EU), the European Economic Area (EEA) or Switzerland, this additional information may be relevant and applicable to you.
The following disclosures concerning Controller’s 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, Controller aligns it privacy practices with the GDPR and, subject to the above understandings, will comply with GDPR to the extent required.
Utilization of Data
Controller utilizes personal data including the information provided by you during usage of the website and submission of forms. This data may be used, for example, to send information electronically or physically that you request. Controller processes this data for many legal purposes (without limitation):
- Legitimate Interest. We may process your personal data as required to pursue our legitimate business interests (provided this is not overridden by interests or rights of relevant individuals); in particular, to manage, develop improve, market and promote our purposes, interests and services; support our customers and sales/marketing operations; protect our staff and assets; communicate information that supplements our purposes, interests and services and ensure compliance with laws and regulations.
- Performance of an agreement. We may process your personal data to enter into or fulfill agreements with you or your organizations, including to deliver and manage our purposes, interests and services and allow our customers to use our services and supporting tools.
- Legal obligation. We may process your personal data to comply with applicable laws and regulations, or to establish or exercise our legal rights. For example, in connection with legal claims, compliance, regulatory and investigative purposes.
- Consent. We may process your personal data where you have provided your consent; in particular, where we cannot rely on an alternative legal basis or we are required by law to ask for your consent in the context of some of our sales and marketing activities, online data collection tools, or surveys. You have the right, at any time, to withdraw your consent by changing your communication choices, unsubscribing from our website or communications or contacting our offices as noted herein.
The above legal basis is not intended to limit the legitimate use of information by Controller as described in other sections of this Privacy Statement.
Basis for the Processing of Data
Controller may seek your consent to send communications (marketing communications). Controller will seek a separate consent to send these communications in certain cases which may be revoked by you at any time via email to [email protected] 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 Controller who receive or review personal data have received training concerning maintaining the confidentiality of such data and committed themselves to confidentiality. Where appropriate, Controller will enter into written agreements governing the processing and confidentiality of personal data by third parties.
Storage of Data
Controller 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.
HOW TO CONTACT US
We value your opinions. If you have any questions about our Privacy Statement, any concerns or complaint regarding our collection and use of your personal data or wish to report a possible breach of your privacy, please contact us at our offices or write to us at the address below. We will treat your requests and complaints confidentially. Our representative will contact you within a reasonable time after receipt of your complaint to address your concerns and outline options regarding how they may be resolved. We will aim to ensure that your complaint is resolved in timely and appropriate manner.
Henderson County Tourism Development Authority
201 South Main Street
Hendersonville, NC 28792
MODIFICATIONS TO THESE TERMS AND CONDITIONS
The Henderson County Tourism Development Authority (HCTDA) reserves the right, in its sole discretion, to modify or replace the Privacy Statement , or any portion thereof, at any time. The most recent date in which the terms were updated will be listed below. If we modify this Privacy Statement, we will post a revised version with an updated revision date.
If we materially change any policy in our Privacy Statement, we will endeavor to provide at least 30 days’ notice prior to any new policy taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our services after any changes to the privacy policies in the Privacy Statement become effective, you agree to be bound by the revised terms. If you do not agree to any new policy within this Privacy Statement, please stop using the services. We strongly encourage you to read our Privacy Statement, and for regular or repeat users of HCDTA sites, to keep yourself informed of any changes by regularly reviewing both this Privacy Statement.
Last updated: September 20, 2022