Katmandu Park | Punta Cana Privacy Policy

This Privacy Policy informs customers, visitors to the website https://puntacana.katmanduparks.com/ (hereinafter, the “Website”), other users of our services, and visitors to our premises and facilities (hereinafter, "Users”) about the way Katmandu Park collects, processes and protects personal data.

1. IDENTIFICATION.

• Website owner: FALCON’S BEYOND GLOBAL, LLC (hereinafter, “Katmandu Park”, “we”, “us” and “our”), which acts as the controller for the purposes of the data processing activities set out in this Privacy Policy.
• Registered office: 6996 Piazza Grande Avenue, Suite 301, Orlando, Florida 32835, USA
• E-mail: [email protected] with the subject: Data Protection.

2. OBLIGATION TO PROVIDE DATA.

Subject to applicable law, Users have the right not to provide their personal data to us. Nevertheless, the personal data requested in the forms on the Website are generally mandatory (unless otherwise specified in the required field) to achieve the defined purposes. Therefore, if personal data is not provided or is not provided correctly, the mentioned purposes will not be able to be achieved, and we may not be able to provide the full benefit of our Website or applicable services to such users.

3. WHY DOES KATMANDU PARK PROCESS PERSONAL DATA AND HOW IS THAT JUSTIFIED?

Depending on Users’ requests, personal data will be processed by Katmandu Park for the following purposes:

1. To process User requests and provide the services purchased:

For the correct management of User requests, the following processing may be required:

• To manage ticket purchases and payment management.
• To deliver tickets purchased by Users.
• To contact Users regarding any matters of interest related to the products purchased.
• To retrieve profile data for registered Users identified by their access credentials.
• To manage Users’ registration as customers and maintain the relationship between customers and Katmandu Park.
• To manage group or event reservations.
• To manage prize draws and other promotions in which Users participate.

The legal bases on which we perform such processing are as follows:

• the processing is necessary in connection with any contract that Users have entered into with us (e.g., relating to purchases and/or registration), or to take steps prior to entering into a contract with us;
• Katmandu Park has a legitimate interest in carrying out the processing for the purpose of providing our Website, products and services (to the extent that such legitimate interest is not overridden by the interests, fundamental rights or freedoms of Users); or
• Katmandu Park has obtained the prior consent of Users to processing (this legal basis is only used in relation to processing that is entirely voluntary – it is not used for processing that is necessary or obligatory in any way).

2. To manage User contact requests with Katmandu Park through the available channels:

Users’ personal data will be processed to manage, process and respond to any requests or questions they make or issues they raise.

The legal bases on which we perform such processing are as follows:

• the processing is necessary in connection with any contract that Users have entered into with us, or to take steps prior to entering into a contract with us;
• Katmandu Park has a legitimate interest in carrying out the processing for the purpose of providing our Website, products and services (to the extent that such legitimate interest is not overridden by the interests, fundamental rights or freedoms of Users); or
• Katmandu Park has obtained the prior consent of Users to processing (this legal basis is only used in relation to processing that is entirely voluntary – it is not used for processing that is necessary or obligatory in any way).

3. Video surveillance of access to Katmandu Park and the use of park facilities, activities and services, such as its attractions, restaurants, etc.

Video surveillance of Katmandu Park facilities requires the processing of the image of visitors.

The legal bases on which we perform such processing are as follows:

• the processing is necessary for compliance with a legal obligation; or
• Katmandu Park has a legitimate interest in carrying out the processing for the purpose of ensuring the physical security of our facilities (to the extent that such legitimate interest is not overridden by Users’ interests, fundamental rights, or freedoms).

4. To guarantee security in website use and product purchases by Users:

Katmandu Park has implemented measures to ensure the security of the Website and to detect and prevent fraud in any transactions.

Katmandu Park has a legitimate interest in carrying out the processing for the purpose of ensuring the electronic security of, and minimizing the risks assumed by Katmandu Park and its customers relating to, our Website and product purchases (to the extent that such legitimate interest is not overridden by Users’ interests, fundamental rights, or freedoms).

5. To guarantee physical security at our premises:

Katmandu Park will process Users’ personal data for the purposes of physical security of our premises (including records of visits to our premises), including CCTV recordings.

The legal bases on which we perform such processing are as follows:

• the processing is necessary for compliance with a legal obligation; or
• Katmandu Park has a legitimate interest in carrying out the processing for the purpose of ensuring the physical security of our business and our premises (to the extent that such legitimate interest is not overridden by your interests, fundamental rights, or freedoms).

6. To manage surveys and process feedback related to service quality at Katmandu Park and/or its corporate image:

The legal bases on which we perform such processing are as follows:

• Katmandu Park has a legitimate interest in carrying out the processing for the purpose of: (i) conducting surveys, satisfaction reports and market research, and receiving feedback; (ii) ensuring that Katmandu Park can offers Users the highest quality and best possible experience; and (iii) defining mechanisms to allow contact and a relationship between Users and Katmandu Park (to the extent that such legitimate interest is not overridden by Users’ interests, fundamental rights, or freedoms); or
• Katmandu Park has obtained the prior consent of Users to processing (this legal basis is only used in relation to processing that is entirely voluntary – it is not used for processing that is necessary or obligatory in any way).

7. To inform Users about Katmandu Park products and services similar to those acquired by the User:

Katmandu Park will send marketing messages to the email address provided on the Platform.

Katmandu Park has a legitimate interest in carrying out the processing for the purpose of learning more about other products that are similar to those previously purchased (to the extent that such legitimate interest is not overridden by Users’ interests, fundamental rights, or freedoms).

Where Katmandu Park sends marketing messages that do not relate to offering similar products to those for which a User’s personal data was previously provided, Katmandu Park will instead rely on the User’s prior consent to the processing as the applicable legal basis (see Section 8 below).

8. To consider a job applicant’s for a job posting:

Periodically, our Website will include job postings and include the capability for you to apply for job openings through an applicant tracking system that is operated by a third party service provider. If you choose to apply for a job opening, you will be asked to create an account and submit an application via the Website, which will be received by our Human Resources department.  Under such circumstances, we will collect, through our third-party service provider, your first and last name, email address, telephone number, mailing address, resume, and any other Personal Information that is necessary for the particular job posting (collectively, “Job Posting Information”). If you are ultimately hired as an employee, we will collect information including your social security number, bank name, bank account and routing number, an emergency contact, date of birth, and any other pertinent information that may be required to onboard you as an employee (collectively, “Employee Information”). Job Posting Information is stored in an electronic database that is maintained by Falcon’s third-party service provider.

The legal bases on which we perform such processing are as follows:

• the processing is necessary for compliance with a legal obligation;
• Katmandu Park has a legitimate interest in carrying out the processing for the purpose of schedule an interview and check references as part of Falcon’s normal vetting process for employees (to the extent that such legitimate interest is not overridden by Users’ interests, fundamental rights, or freedoms); or
• Katmandu Park has obtained the prior consent of Users to processing (this legal basis is only used in relation to processing that is entirely voluntary – it is not used for processing that is necessary or obligatory in any way).

9. To manage our Website and services, and to make improvements:

Katmandu Park will process User personal data to manage and operate its communications, sales, finance and IT systems, including managing audits and monitoring of such systems. Katmandu Park will also process User personal data to identify issues with our Website and services and to make improvements.

The legal bases on which we perform such processing are as follows:

• the processing is necessary for compliance with a legal obligation;
• Katmandu Park has a legitimate interest in carrying out the processing for the purpose of managing and maintaining our communications, IT systems and the financial affairs of our business, as well as improving our Website and services (to the extent that such legitimate interest is not overridden by Users’ interests, fundamental rights, or freedoms); or
• Katmandu Park has obtained the prior consent of Users to processing (this legal basis is only used in relation to processing that is entirely voluntary – it is not used for processing that is necessary or obligatory in any way).

10. To comply with legal obligations:

Katmandu Park will process Users’ personal data to comply with applicable regulations on accounting, tax, consumer affairs, etc.

This processing is necessary for compliance with a legal obligation.

11. Health and safety:

Katmandu Park will process Users’ personal data for the purposes of health and safety assessments and record keeping, providing a safe and secure environment at our premises, and compliance with related legal obligations.

The legal bases on which we perform such processing are as follows:

• the processing is necessary for compliance with a legal obligation; or
• Katmandu Park has a legitimate interest in carrying out the processing for the purpose of ensuring a safe environment at our premises (to the extent that such legitimate interest is not overridden by your interests, fundamental rights, or freedoms); or
• The processing is necessary to protect the vital interests of any individual.

12. To establish, exercise and defend legal claims:

Katmandu Park will process Users’ personal data to establish, manage or defend legal claims, including the collection, review and production of documents, facts, evidence and witness statements.

The legal bases on which we perform such processing are as follows:

• the processing is necessary for compliance with a legal obligation;
• Katmandu Park has a legitimate interest in carrying out the processing for the purpose of establishing, exercising and defending legal rights (to the extent that such legitimate interest is not overridden by Users’ interests, fundamental rights, or freedoms); or
• the processing is necessary for the establishment, exercise or defence of legal claims.

4. WHAT USER DATA DOES KATMANDU PARK PROCESS?

Katmandu Park will process the following types of User data:

• Identity data (given name(s), and date of birth)
• Contact information (correspondence address, telephone number, and email address)
• Consent records (records of any consents you have given, together with the date and time, means of consent and any related information)
• Website data (device type; operating system; browser type; browser settings; IP address; language settings; dates and times of connecting to the Website)
• Content and advertising data: records of User interactions with our online advertising and content, records of advertising and content displayed on pages to Users, and any interaction that Users may have had with such content or advertising (e.g., mouse hover, mouse clicks, any forms you complete in whole or in part) and any touchscreen interactions.

We do not seek to collect or otherwise process sensitive personal data in the ordinary course of our business. Where it becomes necessary to process sensitive personal data of Users for any reason, we rely on applicable legal bases as set out in Article 9(2) of the General Data Protection Regulation (EU) 2016/679 (“GDPR”).

If Users provide personal data from third parties, they declare that they have their consent and promise to transmit to the owner of that personal data the information in this Privacy Policy, exempting Katmandu Park and any other assignees from any associated responsibility. However, Katmandu Park may verify this fact and adopt the required due diligence measures in line with data protection regulations.

5. FOR HOW LONG IS DATA STORED?

Katmandu Park will take every reasonable step to ensure that personal data is only processed for the minimum period necessary for the purposes set out in this Privacy Policy, unless Users request the deletion of their personal data or revoke their consent.

If necessary, Katmandu Park will continue to store and block the personal data in case it is required to deal with any form of responsibility derived from its processing and until the date required by law.

6. WHO WILL USER DATA BE SHARED WITH?

Users’ personal data may be shared with:  

• Users (and, where appropriate, Users’ representatives).
• Katmandu Park’s subsidiary and affiliated entities for the purpose of performing services on behalf of Katmandu Park and/or the purposes indicated above.
• Suppliers of Katmandu Park, required for appropriate fulfilment of legal obligations and/or the purposes indicated above.
• Legal and regulatory authorities, upon request, or for the purposes of reporting any actual or suspected breach of applicable law or regulation.
• Accountants, auditors, consultants, lawyers and other outside professional advisors to Katmandu Park, subject to binding contractual obligations of confidentiality.
• Any relevant party, regulatory body, governmental authority, law enforcement agency or court, for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties.
• Any relevant party, regulatory body, governmental authority, law enforcement agency or court, to the extent necessary for the establishment, exercise or defence of legal claims.
• Any relevant third-party provider, where our Website uses third-party advertising, plugins or content. If Users choose to interact with any such advertising, plugins or content, their personal data may be shared with the relevant third-party provider. Katmandu Park recommends that Users review that third party’s privacy policy before interacting with its advertising, plugins or content.

The mentioned recipients of personal data may be located within or outside the United States of America (“USA”), in the latter case being duly legitimated international data transfers.

If we engage a third-party processor to process your personal data, the processor will be subject to binding contractual obligations to: (i) only process the personal data in accordance with our prior written instructions; and (ii) use measures to protect the confidentiality and security of the personal data; together with any additional requirements under applicable law.

7. RESPONSIBILITY OF USERS.

Users:

• Guarantee they are of legal age or legally emancipated, where applicable, fully capable, and that the information provided to Katmandu Park is true, accurate and complete. Users are responsible for the veracity of the personal data they provide and will keep this information updated so that it accurately reflects their current situation.
• Guarantee they have informed third parties whose personal data they have provided about the content of this document. Guarantee they have obtained consent to provide their personal data to Katmandu Park for the indicated purposes.
• Users are responsible for any false or inaccurate information provided through the Website and for any direct or indirect damages caused to Katmandu Park or third parties.

From time to time, Katmandu Park may ask Users to confirm the accuracy of their personal data.

8. MARKETING MESSAGES.

Katmandu Park processes User personal data to send marketing messages through online and/or offline channels with information on products, services, promotions, offers, events or relevant news for Users. Whenever any such messages are sent, they will be sent only to Users who have given their prior opt-in consent (or, where such messages relate to offering similar products or services to those for which a User’s personal data was previously provided, the User has not objected), subject always to compliance with applicable law.

If Users wish to stop receiving these messages from Katmandu Park, they can unsubscribe at any time by sending an email to [email protected]. They can also use the unsubscribe option in each of the messages that are sent. Please note that it may take up to [2 weeks] to process a User’s unsubscribe request, during which time they may continue to receive communications from Katmandu Park. After the User unsubscribes, Katmandu Park will not send them further promotional emails, but in some circumstances Katmandu Park will continue to contact the User to the extent necessary for the purposes of any products or services they have requested.

9. EXERCISE OF RIGHTS.

Users can send a letter to AV/Alemamania S/N, Instalaciones de la Plaza Comercial Palma Real, Bavaro, Higuey, La Altagracia, Republica Dominicana with the subject “Data Protection”, or send an email to [email protected] with the subject "Data Protection", attaching a photocopy of their valid ID document or passport, at any time and free of charge, in order to:

• Revoke any consent they have previously given, where such consent forms the relevant legal basis of processing the User’s personal data (noting that such withdrawal does not affect the lawfulness of any processing performed prior to the date on which we receive notice of such withdrawal, and does not prevent the processing of the User’s personal data in reliance upon any other available legal bases).
• Confirm whether their personal information is being processed by Katmandu Park.
• Access their personal data (together with information regarding the nature, processing and disclosure of that personal data).
• Rectify inaccurate or incomplete personal data.
• Request the deletion of their personal data when, among other legitimate grounds, it is no longer required for the purposes that it was collected.
• Limit the processing by Katmandu Park of their personal data if any of the data protection regulations are not met.
• Contact an actual person to express their point of view and challenge the automatic decisions made by Katmandu Park.
• Request the portability of their personal data (i.e., to have their personal data transferred to another controller in a structured, commonly used and machine-readable format, to the extent applicable).

Users are also informed that they may file a complaint at any time regarding the processing of their personal data before the competent data protection authorities in the country in which you live, or in which you work, or in which the alleged infringement occurred, each if applicable.

Please note that in some cases it will be necessary for Users to provide evidence of their identity before we can give effect to these rights. Where a User’s request requires the establishment of additional facts (e.g., a determination of whether any processing is non-compliant with applicable law) we will investigate their request reasonably promptly, before deciding what action to take.

The above does not affect Users’ statutory rights.

10. INTERNATIONAL DATA TRANSFERS.

Katmandu Park may transfer the personal data of Users to third parties located outside the United States (“USA”) for the correct fulfilment of any orders, to attend to requests from Users or for the fulfilment of any of the previously indicated purposes. For this reason, Katmandu Park transfers personal data to other countries that may have different laws and data protection compliance requirements to those that apply in the country in which the User is located.

If an exemption or derogation applies (e.g., where a transfer is necessary to establish, exercise or defend a legal claim), Katmandu Park may rely on that exemption or derogation, as appropriate. Katmandu Park guarantees that, where no exemption or derogation applies, and if Katmandu Park transfers User personal data from the USA to recipients located outside the USA who are not in adequate jurisdictions, such transfers will be carried out in compliance with applicable data protection regulations and always ensuring the appropriate guarantees. Specifically, by signing the standard contractual clauses approved by the European Commission and, when necessary, by adopting the additional guarantee measures considered appropriate. Users are entitled to request a copy of our standard contractual clauses using the contact details provided below.

11. SECURITY MEASURES.

Katmandu Park will treat Users’ personal data in absolutely confidentiality at all times and respect the mandatory obligation of secrecy with respect to the personal data in accordance with applicable regulations, adopting all the required technical and organizational measures to guarantee data security and prevent its accidental or unlawful alteration, loss, treatment, unauthorized disclosure, unauthorized access, and other unlawful or unauthorized forms of processing, bearing in mind the available technology, the nature of the personal data stored and the risks to which they are exposed.

Because the internet is an open system, the transmission of information via the internet is not completely secure. Although Katmandu Park will implement all reasonable measures to protect Users’ personal data, we cannot guarantee the security of User data transmitted to us using the internet – any such transmission is at the User’s risk and they are responsible for ensuring that any personal data that they send to us is sent securely.

12. Cookies and Similar Technologies.

When Users visit the Website, Katmandu Park will typically place cookies onto their device, or read cookies already on their device, subject always to obtaining the User’s consent, where required, in accordance with applicable law. Our Website also utilizes Google Analytics.  Internet cookies enable us to collect usage information, including your internet protocol address, browser type, page views, mobile device ID and type, and geolocation (collectively, “Internet Cookie Information”). During your first visit to our Website, you will be prompted with a cookie banner that seeks your consent for us to deploy certain cookies, including (1) strictly necessary for cookies, which are cookies that are necessary for the operation of our Website, (2) analytical/performance cookies, which enable us to recognize and count the number of visitors on the Website and to understand the pages they view when they visit our Website, and (3) analytics cookies, which provide us with analysis of how you interact with our Website, the website you visited prior to arriving on our Website and related metrics.

13. CHANGES.

Katmandu Park reserves the right to review this Privacy Policy at any time it deems appropriate. Any changes will be transmitted to Users. For this reason, we request that Users regularly check this privacy statement to read the most recent version of the Katmandu Park Privacy Policy posted on this Website.

Last update:  January 2023