Compliance
To demonstrate compliance with the "Joint Marketing
Agreement" provisions in the Title V consumer privacy rules of the
Gramm-Leach-Bliley Act (GLB) and related implementing regulations,
and therefore qualify for the opt out exceptions in the GLB, the following
is a confirmation and clarification of the Agreement between VirtuoCard
and Arizona State University Alumni Association (hereinafter named "Association.")
VirtuoCard acknowledges that all information and documents disclosed,
directly or indirectly, by the Association to VirtuoCard as part of this
joint marketing arrangement between VirtuoCard and the Association are valuable
assets of, and proprietary to, the Association. VirtuoCard also acknowledges
that the Association has a responsibility to its customers and other consumers
to limit the sharing of "nonpublic personal information" (as defined
by the GLB Privacy Rules) relating to such customers and consumers
(collectively "Nonpublic Personal Information") and otherwise to keep
the Association's records and information confidential and proprietary.
Therefore, VirtuoCard agrees not to disclose, either directly or indirectly,
to any person, firm or corporation any Nonpublic Personal Information
provided by the Association to VirtuoCard other than (1) to a service processing
provider or mailhouse to carry out the marketing purposes contemplated
by this Agreement and with which VirtuoCard has an agreement binding
such servicer or mailhouse to the confidentiality provisions herein
and for which VirtuoCard bears total responsibility; (2) as required
by law; (3) as authorized by both Section 502(b)(2) and 502(c) of
the GLB Act and implementing regulations thereto. VirtuoCard also
agrees not to disclose, either directly or indirectly, to any person,
firm or corporation information of any kind, nature or description
concerning matters relating to the business of the Association other than
to carry out the marketing purposes defined in this Agreement. Any
information obtained by VirtuoCard from the Association as Nonpublic Personal
Information shall be deemed to relate solely to Association's customers,
and no such customers shall be deemed to be or become by use of such
information VC's customers, except (a) for persons who execute an
application for or who otherwise purchase products and services from
VirtuoCard (b) as required by law: (c) or for persons who would be
considered VirtuoCard's "customers" as that term is defined by the
GLB Privacy Rules. VirtuoCard shall hold the Association harmless with respect
to VirtuoCard's use or disclosure of Non public Personal Information
obtained by VirtuoCard from the Association for purposes other than to carry
out the marketing purposes contemplated by this Agreement; provided,
however, that VirtuoCard's obligation to hold the Association harmless as
provided in this sentence shall not apply if the Association's loss or other
liability arises as a result of the Association providing inadequate or otherwise
improper disclosures to customers or consumers of the Association.
The Relationship of Arizona State University Alumni Association and VirtuoCard is strictly
limited to entering into an agreement with VirtuoCard to conduct this program.
Disclaimers
VirtuoCard is an Internet Web site only and does not control, produce, sell or
operate any of the products that are shown in the website virtuocard.com. As
such VirtuoCard, its parent company Hospitality Sales and Management Associates
of Cape Cod (HS&MA), or its sister companies Annolas Market Research and
Hospitality Tours or any other companies of HS&MA are not responsible for
the performance of any of the vendors whose products are offered in this site.
The Association is not the Tour Operator.
The Association is not responsible for changes of flight times, fare changes,
dishonor of airline, hotel or car/rental reservations, delays, losses, injuries,
inconveniences, cessation of operations, airline or tour operator bankruptcies,
acts of God, or any other event beyond our control.
The Association acts only as agent for the participants with respect to travel services, and it shall not be responsible for changes of flight times, fare changes, dishonor of airline, hotel or other reservations, injury, damage, loss of baggage, accidents or for the acts or defaults of any person or entity engaged in conveying participants or in carrying out other arrangements of the tour. Further, the Association shall not be responsible for losses or additional expenses of the participant due to sickness, weather, strike, civil unrest, acts of terrorism, quarantine, acts of God, or other causes beyond its control.
The Association shall not be responsible for alteration in an itinerary as deemed necessary for carrying out the travel service(s) purchased and the right is reserved to substitute hotels of similar quality. The right is further reserved to cancel any tour or travel-related component prior to departure; in which case the entire payment may be refunded without further obligation on its part. No refund will be made for the unused portion of any tour.
Applicants for participation on an individual tour and/or those who purchase itemized travel-
related components (air arrangements, hotel/ship/river vessel/train accommodations,
sightseeing, and pre- and/or post-tour packages) accept in full all of the conditions
set forth above.
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