Safe Harbor Privacy Policy - Disney Destinations, LLC

Walt Disney Internet Group

Safe Harbor Privacy Policy For Disney Destinations, LLC

INTRODUCTION

Disney Destinations, LLC ("Disney Destinations"), whose principal office is located in the United States of America (the "United States"), process personal data in the form of vacation resort reservations and other information received by means of consumer/guest telephone inquiries (the "Reservations Information"). The Reservations Information contains (or will contain) information of guests or potential guests of a legal entity in France that is affiliated with Disney Destinations and that manages information concerning guests and potential guests of the Disneyland Paris resort (the "Affiliated Entity"). The Reservations Information is either received from individuals in the United Kingdom and/or may contain information provided by these individuals to the Affiliated Entity. Disney Destinations recognizes the privacy protections afforded to individuals in the European Union and the European Economic Area (collectively the "EEA") with regard to Personal Information (as defined below). For that reason, Disney Destinations has subscribed and will adhere to the voluntary U.S.-EU Safe Harbor program ("Safe Harbor Program") by adopting and implementing this set of Safe Harbor Privacy Principles, which include a set of frequently asked questions (collectively, the "Principles").

SCOPE OF THESE PRINCIPLES

The Principles apply to all Personal Information that is: (1) collected by the Disney Destinations or the Affiliated Entity about an Individual located in the United Kingdom; (2) in the course of the Individual's relationship(s) with the Affiliated Entity; and (3) transferred from the EEA to Disney Destinations in the United States after the effective date of these Principles and included in the Reservations Information. The effective date of these Principles is September 29, 2006.

FREQUENTLY ASKED QUESTIONS

What is "Personal Information"?

Personal Information means any information relating to an Individual that identifies that Individual, or could reasonably be used to identify the Individual, and that is recorded in any form (e.g., paper, electronic, video, audio) and included in the Reservations Information. Personal Information also includes any information relating to an Individual's dependents and emergency contacts that may be included in the Reservations Information.

Who is an Individual for Purposes of these Principles?

An Individual is any natural person whose Personal Information is included in the Reservations Information.

What is the relationship between the Principles and the Safe Harbor Program?

The Principles implement and satisfy the requirements of the Safe Harbor Program and establish the legally required level of protection for Individuals' Personal Information.

NOTICE AND CHOICE

Collection and Use of Personal Information

Disney Destinations collects and uses Personal Information only in a lawful manner and in compliance with the Safe Harbor Program and these Principles.

FREQUENTLY ASKED QUESTION

Why is Personal Information transferred to Disney Destinations in the Reservations Information?

The collection and use of Personal Information is for the purpose of facilitating requests of Individuals for information and reservations in connection with the Disneyland Paris resort.

Informing the Individual and Obtaining Consent

Except where an applicable legal exception exists, the Affiliated Entity is legally required to inform Individuals of the ways in which their Personal Information will be collected and used and the types of third parties to which such Information will be disclosed, and to obtain the Individuals' consent.

Accordingly, except where an applicable legal exception exists, if Disney Destinations either plans to use Personal Information for purposes incompatible with the purposes about which the Affiliated Entity notified Individuals, or plans to disclose Personal Information to types of third parties other than those about which Affiliated Entity notified Individuals ("Supplemental Uses"), then Disney Destinations shall notify Individuals of the following with respect to such Supplemental Uses:

The type(s) of Personal Information Disney Destinations plans to use;
The purposes for which Disney Destinations will process Personal Information;
How to contact the Affiliated Entity or Disney Destinations with any inquiries or complaints about the use and processing of such Personal Information;
The types of parties to whom Disney Destinations will disclose Personal Information;
The privacy and security safeguards Disney Destinations employs; and
The right of Individuals to access and, if necessary, correct Personal Information about them.

This information will be provided before Disney Destinations uses or discloses Personal Information for Supplemental Uses or as soon thereafter as is practicable.

FREQUENTLY ASKED QUESTIONS

Are there cases when Disney Destinations may disclose Personal Information about an Individual without obtaining the Individual's consent?

In certain limited or exceptional circumstances, and in accordance with the Safe Harbor Program, Disney Destinations may disclose Personal Information about an Individual without the Individual's consent, such as when Disney Destinations is required to disclose the Information by law or legal process or when the vital interests of the Individual, such as life or health, are at stake. In such circumstances, and at such time as may be required by law or the Safe Harbor Program, Disney Destinations or the Affiliated Entity, as appropriate, shall inform the Individual concerned regarding whom to contact if the Individual has a legitimate reason to object to the disclosure of the Individual's Personal Information by Disney Destinations.

Under what circumstances may Disney Destinations disclose Personal Information to agents and contractors, and what steps does Disney Destinations take to safeguard that Personal Information?

As a part of its normal business operations, Disney Destinations may hire agents and contractors to carry out certain functions that require use of Personal Information. Disney Destinations is not required by the Safe Harbor Program to provide notice or obtain the relevant Individual's consent in these circumstances, and Disney Destinations does not generally do so. Disney Destinations does bind such agents and contractors through written agreements to observe the relevant Principles and Disney Destinations restricts the use and retention of the Personal Information to the purposes and duration of the functions for which the agent or contractor was hired.

What happens if an Individual objects to the collection, use, or disclosure of his/her Personal Information by Disney Destinations?

If an Individual objects to Disney Destinations' collection, use, or disclosure of certain Personal Information, Disney Destinations or the Affiliated Entity will make reasonable efforts to address the concerns of the Individual.

Will Disney Destinations take adverse action against an Individual for refusing to permit his/her Personal Information to be collected, used, or disclosed?

The Safe Harbor Program prohibits a company that subscribes to the Safe Harbor Program from taking unreasonable actions in such circumstances. An Individual withholding Personal Information or prohibiting its collection, use or disclosure, may, however, be disadvantaged as a result of not making the Information available. For example, unwillingness to provide Personal Information required to complete a reservation would render Disney Destinations unable to facilitate that reservation.

Sensitive Information

While recognizing that all Personal Information deserves to be protected in accordance with the Safe Harbor Program, Disney Destinations exercises special precautions and safeguards for any sensitive information it may collect, as defined by the Safe Harbor Program.

FREQUENTLY ASKED QUESTIONS

What is "sensitive information"?

"Sensitive information" includes Personal Information specifying medical or health conditions.

What safeguards are required for "sensitive information"?

Except as provided by the Safe Harbor Program or where legally required, affirmative permission of the Individual ("opt in" consent) is required if "sensitive information" is to be disclosed to a third party or used for purposes other than those for which it was originally collected or subsequently authorized by the Individual.

ACCESS

Disney Destinations provides Individuals about whom it maintains Personal Information with a reasonable opportunity to examine their information, to challenge its accuracy, and to have it corrected, amended or deleted as appropriate, subject to certain exceptions.

FREQUENTLY ASKED QUESTIONS

How do Individuals exercise their rights under the Access Principle?

Individuals may exercise a right to access Personal Information maintained about them by Disney Destinations. Reasonable access applies to both the process of accessing Personal Information and the types of Personal Information to be accessed. In terms of process, reasonable access means, for example, that requests for access are made during normal business hours, following standard procedures, and that the frequency of access requests is not excessive. In terms of types of Personal Information to be accessed, reasonable access recognizes certain exceptions discussed in the immediately following FAQ 2. If Disney Destinations or the Affiliated Entity denies an Individual access, however, such Individual will be provided with the reason(s) access was denied and a contact point for further inquiries.

If Disney Destinations or an Affiliated Entity is notified that Personal Information it maintains is incorrect, is requested to correct the Personal Information, and is provided with appropriate supporting documentation, Disney Destinations or the Affiliated Entity will either correct the information or direct the Individual to the source of the information for correction. If, upon review, Disney Destinations or the Affiliated Entity believes that the existing information is correct, the Individual will be informed accordingly.

Is there any Personal Information about an Individual maintained by Disney Destinations that such Individual would not be permitted to access?

Yes, there are some exceptions to the obligation to provide access permitted by the Safe Harbor Program. These include access to confidential or proprietary information of either the Affiliated Entity or Disney Destinations, such as situations in which granting access might have to be balanced against the privacy interests of others. In addition, access may be denied when the Personal Information requested relates to an ongoing investigation concerning the Individual, litigation or potential litigation, or where the burden or expense of providing access would be disproportionate to any risks to the Individual's privacy that would arise from not providing access.

ONWARD TRANSFER

If Disney Destinations performs an onward transfer of information to a third party that is acting as an agent, Disney Destinations will do so only if Disney Destinations verifies that the third party subscribes to the Safe Harbor Principles, or is subject to the Directive or another adequacy finding. Alternatively, Disney Destinations will enter into a written agreement with such third party requiring that the third party provide at least the same level of privacy protection as is required by the relevant Principles.

DATA INTEGRITY

Disney Destinations employs reasonable steps to keep Personal Information accurate, complete, and up-to-date for the purposes for which such Personal Information is used. Each Individual is responsible for helping to ensure that the Personal Information that Disney Destinations holds about him or her is accurate, complete, and up-to-date.

FREQUENTLY ASKED QUESTION

Is there a role for Individuals to play in maintaining the accuracy of Personal Information?

Yes. It is in the best interests of Individuals, the Affiliated Entity, and Disney Destinations to keep Personal Information accurate, complete, and up-to date. Disney Destinations and the Affiliated Entity expect all Individuals to assist in keeping their Personal Information accurate, complete and up-to-date, and Disney Destinations and the Affiliated Entity facilitate cooperation by Individuals in doing so.

SECURITY

Disney Destinations takes reasonable precautions, including administrative, technical, personnel, and physical measures to safeguard Personal Information against loss, theft and misuse, as well as unauthorized access, disclosure, alteration and destruction.

FREQUENTLY ASKED QUESTIONS

How are decisions reached about who has access to Personal Information about Individuals?

It is the policy of Disney Destinations to give access to Personal Information about Individuals only to those entities and persons that Disney Destinations determines have a legitimate need to know the information to carry out their responsibilities.

What keeps those with access to some of an Individual's Personal Information from browsing through other parts of that Personal Information for other reasons?

It is the policy of Disney Destinations to limit the access to Personal Information given to employees, agents, and contractors to such information that Disney Destinations determines is needed to carry out their responsibilities.

ENFORCEMENT

Compliance

Disney Destinations maintains an active program to ensure compliance with the Principles, Safe Harbor Program, and Disney Destinations' contractual agreements and other commitments regarding the handling of Personal Information.

The Disney Destinations Privacy Compliance Office is responsible for implementing and overseeing the administration of the Principles.
It is the responsibility of all Disney Destinations employees to act in accordance with the Principles with respect to Personal Information. Failure to do so may result in disciplinary action up to and including discharge from employment.

FREQUENTLY ASKED QUESTIONS

What are the responsibilities of the Disney Destinations Privacy Compliance Office?

Responsibilities of the Disney Destinations Privacy Compliance Office include:

Ensuring that the privacy guidelines, programs, procedures, training, and other measures necessary to implement the Principles are developed and put into practice;
Overseeing responses to inquiries and resolution of complaints relating to Personal Information;
Working with legal advisors to ensure Disney Destinations' ongoing compliance with applicable privacy laws and agreements, as well as any obligations Disney Destinations may enter into voluntarily, such as the Principles and the U.S.-EU Safe Harbor Program; and
Overseeing periodic assessments of Disney Destinations' internal practices to ensure that they conform to the Principles and related company obligations.

What steps are taken to promote compliance with the Principles?

Compliance measures include:

Educating Disney Destinations employees as to the purpose and application of the Principles;
Training Disney Destinations employees with access to Personal Information on the purposes and application of the Principles;
Ensuring that Disney Destinations employees, agents, and contractors with access to Personal Information are legally obligated to abide by the Principles;
Holding Disney Destinations employees, agents, and contractors accountable for violations of the Principles, with sanctions up to and including termination of contracts and employment; and
Having designated points of contact in Disney Destinations to answer questions regarding the Principles and Disney Destinations' privacy practices and to investigate complaints regarding conduct inconsistent with the Principles or related obligations.

Complaint Resolution

Disney Destinations recognizes the importance of having mechanisms in place to address and resolve complaints by Individuals about the processing of Personal Information. Therefore, if an Individual makes a complaint about the processing of his/her Personal Information, and the complaint is not resolved to the Individual's satisfaction through internal Disney Destinations procedures, then Disney Destinations will refer such Individual to the national data protection authority in the jurisdiction where the Individual resides as required by the Safe Harbor Program.

FREQUENTLY ASKED QUESTIONS

What are the procedures for filing an internal complaint about the handling of Personal Information by Disney Destinations?

Individuals covered by the Principles should contact the Chief Privacy Officer, Mr. Jonathan D. Avila, by phone to 818-560-4194, or email to [email protected], or Human Resources contact (as appropriate) for the relevant Affiliated Entity. These representatives will provide particular information about the mechanics of the complaint process.

What types of independent dispute resolution mechanisms are available?

Both the United Kingdom and France have established data protection authorities overseeing the processing of Personal Information that are willing to assist in the resolution of complaints.

Changes to the Principles

Disney Destinations reserves the right to modify these Principles at any time and will notify affected individuals of such modifications in accordance with applicable law and the Safe Harbor Program. Nonetheless, as long as Disney Destinations continues to store, use, or disclose Personal Information transferred to Disney Destinations under these Principles, Disney Destinations will apply to such Personal Information either these Principles or safeguards that provide no less privacy protection than the Safe Harbor Program then requires.