Effective Date: May 15, 2019
“Company” or “we” means the owner or operator of the Service, as more specifically identified in the “Contact” section, and its employees, authorized agents, or representatives.
“Individual”, “user” or “you” means a person who accesses, uses, receives, inquires about, or books any Service or otherwise interacts with Resort Representatives about the Service; and
“Service” includes the following:
The Resort: the EAU PALM BEACH Resort & Spa (which includes the hotel, restaurants, bars, pools, retail outlets, spa, fitness center, tennis center, parking areas, open air grounds and courtyards, the children and teen recreational and entertainment facilities (currently known as Aquanuts, Coast, and Beauty at the Coast) and the La Coquille Club;
The Guest Services: any interaction between Resort personnel, agents or representatives (“Resort Representatives”) and Resort guests or prospective guests, that occurs in person, by phone or through email or other electronic communications.
The Websites, Resort, and Guest Services are designated collectively or individually as the “Service”.
WHAT INFORMATION DO WE COLLECT?
In the course of operating or providing the Service, we collect or receive the following information directly or through our Websites, our Resort Representatives, booking agents, and marketing partners:
A. Information You Provide
Any individual may contact us to request a Service, or to request information about the Service. When you submit a request, we will collect relevant information about your request, so that we may assist you, such as the nature or subject matter of your inquiry, contact information (email address or phone number as applicable), and any additional information you elect to provide in your email, call or communication.
When an individual checks in at the Resort, we verify the identity of the guest (against the booking), but we do not retain a copy of the proof of identity. We collect the guest’s postal and email addresses. We may also collect “lifestyle information” as described below.
When an individual requests a Service (such as alcohol or Spa treatment) that is available only to adults, we may verify the age of the requesting guest, and if the requesting guest is under the age of 18, we obtain the age information from the guest’s parent or guardian. We do not retain a copy of the proof of age
B. Booking Information
You can book a stay at our Resort through our Websites or by contacting us directly. You can also book a table at a restaurant or club, or other
services or activities such as a spa treatment, by contacting any of our Representatives. In this case, we may collect the guest name; date and time when the reservation was made; dates of arrival and departure; guest preferences; detail of the reservation; payment card information; and as applicable, email and postal address or room number and additional information that you elect to provide while making or requesting the reservation.
C. Information Provided by Third Parties
You can also book a stay or other service at our Resort through third party services such as travel agencies or other service providers. In this case, we receive the booking information from such third party. This may include the guest name; date and time where the reservation was made; date of arrival and departure; date and time of a reservation for a Service, payment card information; and other and additional information that you elect to provide while making or requesting the reservation.
D. Lifestyle information
We collect information relating to your activities while at the Resort, such as spa or restaurant reservations, court times, guest preferences, vehicle information, and the like; and any additional information that you elect to provide upon check-in or during your use of the Resort and Services.
E. Information Collected to Facilitate Payments
We accept various forms of payment cards. Payment information is processed by a third party service provider (“Payment Processor”). Our Payment Processor provides us with transaction date and time; purchaser’s currency; country code; country of proceeds; currency conversion; merchant currency; and amount. We receive this information so that we can complete the transaction; and comply with our legal obligations.
We are not responsible for any acts or omissions carried out by our Payment Processors, and we are not liable for any harm you suffer from any acts or omissions of the Payment Processor.
F. Information Collected Automatically
When you use the Websites, we collect information automatically, as part of the operation of the Websites. This information includes browser type and version, computer and connection information, IP address and general geolocation (i.e., country and city name); language; system (browser, OS and ISP); and device screen height and width.
We use analytics services to collect information about the use of the Service so that we may improve the Service. For each individual, the information we receive includes: the date of your last session; coarse location data inferred from your IP address; information about your browsing session, such as the site you visited before landing on our Websites; analytics relating to which pages you visited, how long you spent on each page and the date and time of your visit; whether you experienced a crash; whether push notifications are enabled; and the number of prior visits to our Websites. This information is collected through cookies and other technologies, and you may be able to limit the amount of information collected. See our “Cookies and Other Technologies” section.
HOW DO WE USE THE INFORMATION WE COLLECT?
We use the information we collect or receive from third parties as needed to operate or provide the Service and better understand how the Service is being used, as follows:
Operating the Service
To ensure technical functionality and delivery of the Websites or other Service;
To facilitate reservations and purchases;
To identify you as the sender of your emails, and to process those emails;
To respond to questions and comments;
To understand your preference and better serve you;
To inform you of Services or promotions that may be of interest to you;
To operate, offer, maintain, or perform the Service;
To improve, enhance, and tailor the Websites or Services for you, for example by serving the Websites in the appropriate font size;
To take payments, and have the payment processed by a third party Payment Processor;
Marketing to Existing Users
If you have previously provided us with your email to seek information about our Service, or subscribed to our newsletter, we will email you information about products or services that we believe are of interest to you. You may opt-out from receiving these emails at any time. To do so, please follow the instructions contained in any such email. We will stop sending marketing communications, but may send administrative information regarding the Service you are using or have requested.
We use certain information about the use of Service to attempt to prevent attacks to the confidentiality, integrity or availability of our Service, the conduct of prohibited activities, and to enforce agreement(s) with Users.
We use information to protect our Service, the rights of Users or the rights of others; enforce the terms and conditions applicable to the Service; and comply with our legal, compliance and other obligations.
WITH WHOM WE SHARE INFORMATION
We share information with third parties as follows:
Third Party Service Providers
We disclose information to our contractors, affiliates, distributors, dealers, vendors, payment card processors and suppliers who provide certain services to us, or on our behalf (“Service Providers”) such as operating and supporting the Service. These Service Providers only have access to the information needed to perform these limited functions.
To the extent permitted by law, we will disclose information to government authorities or third parties if: (i) required to do so by law, or in response to a subpoena or court order; (ii) we believe in our sole discretion that disclosure is reasonably necessary to protect against fraud, to protect the property or other rights of Company, Users, third parties or the public; or (iii) we believe that you have abused the Service by using it to attack, or gain unauthorized access, to any other service, engage in destructive or abusive practices, or otherwise violate applicable laws. After such disclosures, your information may be accessible by others as permitted or required by applicable law.
Business Transfers; Reorganization
We share information relating to users of the Service with affiliated or unaffiliated third parties on an anonymous, aggregate basis. While this information will not identify each individual personally, in some instances these third parties may combine this aggregate information with other information they have, or receive from third parties, in a manner that may allow them to identify you personally.
HOW DO WE PROTECT USER INFORMATION?
We have implemented security measures intended to protect against unauthorized access, use, misuse, alteration or disclosure of the information under our control while in storage or in transit. We also require our Service Providers to maintain security measures.
Information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive or credit information is encrypted via Secure Socket Layer (SSL) technology.
Please be aware that no data transmission over the Internet can be guaranteed to be 100% secure. As a result, Company cannot guarantee or warrant the security of any information you transmit on or through the Service and you do so at your own risk.
The safety and security of your information also depends on you. Where we have given you access to certain parts of our network, please keep in mind that our internal public networks accessible by guests are shared with other guests. Thus, transmittal of data through our public guest network while on the Resort cannot be guaranteed to be entirely secure. Please do not use these networks to send confidential or sensitive information.
We will not contact you by email, or mobile or text messaging to request confidential information or payment card details. We will only ask payment card details by phone if you are calling us to book a reservation. If you receive any type of request, you should not respond to it.
Payment Card Information
For your convenience we may store your payment card information in order to expedite future orders, and to automate the billing process.
DO-NOT-TRACK AND INTEREST BASED ADVERTISING
Most modern browsers include a “do not track” feature that may help protect your privacy. However, because there is not yet a defined response to do-not-track requests, our Websites do not respond to your browser’s do-not-track request.
COOKIES AND OTHER TECHNOLOGIES
Cookies are small files that are sent to a user’s computer browser and that enable the capture of certain information. You can find more information about cookies at this website: www.allaboutcookies.org.
Estimate our audience size and usage patterns;
Recognize you when you return to our Websites;
Understand your preferences based on previous or current Website activity, which enables us to provide you with improved services.
Compile aggregate data about Website traffic and Website interaction so that we can offer better experiences and tools in the future to those who visit our Websites or are interested in our Services.
We may also use trusted third party services that track this information on our behalf.
We use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions, and other ad service functions as they relate to our Websites.
Disabling or Deleting Cookies
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to disable existing cookies, or to set your browser to automatically reject cookies. Each browser is a little different, so look at your browser's Help menu to learn the correct way to remove cookies.
Deleting cookies does not delete Local Storage Objects (LSOs) such as Flash objects and HTML5. To delete or disable Flash Cookies, please visit:
If you choose to remove cookies or Local Storage Objects, some features will be disabled and may not function properly; and you may not be able to access and use all or part of our Websites or benefit from the information and Services offered.
Opt-out of Interest-based Advertising
If you wish to take steps to opt-out of tracking by certain online advertisers, you can visit the Digital Advertising Alliance’s opt-out page or the Network Advertising Initiative. Some of these opt-outs may not be effective unless your browser is set to accept cookies. Furthermore, please note that opting-out of receiving interest-based advertising through the NAI’s and DAA’s online resources will only opt-out a user from receiving interest-based ads on that specific browser or device, but the user may still receive interest-based ads on his or her other devices. You must perform the opt-out on each browser or device you use.
Digital Advertising Alliance:
In Europe: http://youronlinechoices.eu
In Canada: http://www.youradchoices.ca/choices/.
Network Advertising Initiative:
Some advertisers do not participate in these programs. In this case, you may need to visit their own website.
Google Advertising and Analytics
LINKS TO THIRD PARTY WEBSITES
The Service includes links to other websites and other content from third party businesses, such as www.preferredhotels.com. These third party businesses have their own privacy practices and policies. We do not have access to or control over these third parties or the cookies and other technology that they may use. We are not responsible for the privacy practices of these third parties or the content available on their websites. You are encouraged to review the privacy policies of the different websites you visit.
CLOSURE OR DELETION OF YOUR ACCOUNT
You have the right to request that we close or delete your account and our records about you. To do so, you may contact us as indicated in the “How to Contact Us” section below.
Please be aware that even after your account is closed or deleted, some or all of your information may still remain visible to others, for example, information that has been: (a) copied, stored or disseminated by other users; (b) shared or disseminated by you or others such as in a public posting; or (c) posted on a third party platform.
In addition, closure of your account will not result in the removal of information collected and already put in aggregate form or information that cannot, in our sole discretion, be removed without undue burden to us.
The Service may not be used by anyone under the applicable age of 18 without involvement of a parent or guardian.
We do not knowingly collect information from children under 13. If we learn we have collected or received information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us as described in the “How to Contact Us” section.
USE OF INFORMATION OUTSIDE YOUR COUNTRY OF RESIDENCE
If you reside outside the United States, and you choose to use the Service or provide your information to us, your information will be transferred to, processed and maintained on servers or databases that may be located outside of the country or jurisdiction where you are located. The laws of such jurisdiction may not be as protective of your privacy and personal rights as the laws of the country where you reside.
RIGHTS OF USERS LOCATED IN CALIFORNIA
California requires operators of websites or similar services to make certain disclosures to users who reside in California regarding their rights, specifically:
Shine the Light
Under California law, a business that has an established business relationship with an individual, and has, within the immediately preceding calendar year, disclosed specified information that is primarily used for personal, family or household purposes to third party for the third party’s direct marketing purposes, must disclose to its California users, upon request, the identity of any such third party, along with the type of information disclosed. You can contact us to as provided in the “How to Contact Us” section. Please note that under California law, businesses are only required to respond to a user’s request once during any calendar year.
If you are a California resident under the age of 18 and you have provided information or content online, you may request that we remove content or information that you posted on the Websites or stored on our servers by (a) submitting a request in writing to the address provided in the “How to Contact Us” section below, and (b) clearly identifying the content or information you wish to have removed and providing sufficient information to allow us to locate the content or information to be removed.
Complaints to California Department of Consumer Affairs
Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
HOW TO CONTACT US
The Service is operated by RC/PB, LLC., a Delaware Limited Liability Company
By mail: Attention: Privacy Office
By email: email@example.com