Effective Date: July 20, 2021
We always seek to improve our Services to you, and that requires that we collect, store, share, and use information about you and your usage preferences. As we do so, we are absolutely committed to protecting your privacy and the security of your personal information.
We have also adopted a Data Processing Agreement (“DPA”) that places further restrictions and requirements on how we process Data. We make the DPA available separately to individuals and companies who wish to enter into a DPA with us. If you have entered into such an agreement with us, either by executing the DPA in hard copy or by clicking “I Accept” or similar language online, the DPA will apply to both parties’ actions under this Agreement.
DESCRIPTION OF SERVICES
LAWFUL BASIS FOR PROCESSING
When you enter into an agreement with us, either by accessing the Services, by executing an agreement in hard copy or by clicking “I Accept” or similar language online, we will process your Data for the purposes of fulfilling the terms of our contract with you. In that case, our processing of your Data is based on the contract, so your withdrawal of consent will only be effective after the purposes for processing that Data have been fulfilled and after we no longer have a legal obligation to keep that Data.
In all cases, we will comply with applicable law and we will cease processing your Data after the legal right or obligation or other necessity passes.
The Services are directed solely to persons 18 years of age or older or of children under 18 who are supervised by a parent, guardian, or other caregiver. Other than for Data collected for the specific purpose of providing the Services to users, we do not knowingly collect Data from users who are under 13. If we become aware that we have gathered Data from a person under 13, except to provide the Services to such person, then we will attempt to delete such Data as soon as possible, subject to our obligations under applicable law. If you believe that we have gathered Data from a person under 13 in contravention of this policy, please contact us at [email protected].
DATA WE COLLECT AND HOW WE USE IT
A. Registration Data
- Data Description: Registration Data consists of the name, e-mail address, and other contact information you provide us using the Services, both when you register your account and thereafter. Registration Data also includes your username, client type (e.g., ad-supported or paid membership), and membership end date, if any. Registration Data may also include the names and e-mail addresses of individuals accompanying you as you visit Inventory (“Companion Data”).
- Lawful Basis for Processing: Our lawful basis for processing Registration Data is our contract with you. We can only provide certain of the Services to you if we have the Registration Data, so we need to store and access that Registration Data during the term of our contract. Even when the Registration Data is not critically necessary to the provision of the Services, we may still process that Registration Data to facilitate our contractual interactions with you. The lawful basis for us to process Companion Data is our legitimate interest in providing the Services.
- How We Use It and Who We Share It With: Registration Data is accessible only to you and to us. We use it only to provide the Services to you. At times, we will share the Registration Data with third parties at your request (including with Hotels) or to fulfill requests that you make of us. We may use your Registration Data to offer goods or services to you, but only on an opt-in basis after getting your specific consent.
B. Engagement Data
- Data Description: Engagement Data consists of all the information you input or record using the Services, other than the Registration Data. It also includes all information that is proprietary to you regarding your use of the Services (other than the data that qualifies as “Usage Data” below) that is collected or processed by the Services. For example, Engagement Data includes the dates you book Hotels, pricing related to those bookings, and the options you select in that process.
- Lawful Basis for Processing: Our lawful basis for processing Engagement Data is (1) our contract with you and (2) our legitimate interest in improving our Services based on the Engagement Data we receive from you.
- How We Use It and Who We Share It With: Your Engagement Data is accessible only to us, to you, and where it relates directly to a party who either provides services to you or receives services from you, to that party, in which case that party will be obligated to protect the confidentiality of your Engagement Data. We do not share Engagement Data with other third parties, except at your specific request, but we may use Engagement Data to make inferences that help us provide and improve the Services, to prevent or identify fraud or other illegal activities, and to comply with applicable law. Both during the term of our agreement with you and thereafter, we may also use Engagement Data as De-Identified Data, and that De-Identified Data belongs solely to us to use in our sole discretion. To the extent we are required to delete any Engagement Data about you, we may still retain any De-Identified Data that may have originated as your Engagement Data.
C. Usage Data
Data Description: Usage Data consists of the following and similar
- Information about your interactions with the Services, most commonly our website and mobile application, which includes the date and time of any requests you make. This also may include details of your use of Third-Party Applications and any advertising you receive via the Services.
- The timing of the information you post to the Services including messages you send and/or receive via the Services and your interactions with our customer service team, but not including the content of those interactions and messages, which would be included as Engagement Data.
- Technical data which may include URL information, cookie data, your IP address, the types of devices you are using to access or connect to the Services, unique device IDs, device attributes, network connection type (e.g. WiFi, 4G, LTE, Bluetooth) and provider, network and device performance, browser type, language, information enabling digital rights management, operating system, and application version.
- Motion-generated or orientation-generated mobile sensor data (e.g. accelerometer or gyroscope), if any, required for the purposes of providing specific features of the Services to you.
- Lawful Basis for Processing: Our lawful basis for processing Usage Data is (1) our contract with you and (2) our legitimate interest in improving our Services based on the Usage Data we receive from you.
- How We Use It and Who We Share It With: Usage Data is accessible to us and to you. We do not share it with third parties, except at your specific request, but we may use Usage Data to make improvements to the Services. We may also use Usage Data converted to De-Identified Data, and that De-Identified Data belongs solely to us. To the extent we are required to delete any Usage Data about you, we may still retain De-Identified Data that may have originated as your Usage Data.
D. Payment Data
Data Description: Payment Data is only collected when your use of the
Services is subject to the payment of a fee or other charge. Payment Data is the information necessary for
us to process your payments for premium Services. Payment Data will vary depending on the payment method
you use (e.g. direct via your mobile phone carrier or by invoice) but may include information such as:
- Date of birth;
- Credit or debit card type, expiration date, and certain digits of your card number;
- Address and postal code; and
- Phone number
- Lawful Basis for Processing: Our lawful basis for processing Usage Data is (1) our contract with you and (2) our legitimate interest in improving our Services based on the Payment Data we receive from you.
- How We Use It and Who We Share It With: We only use Payment Data to facilitate payment, and we only communicate it to those parties who are strictly necessary for that purpose.
E. Supplemental Mobile Data
Data Description: Where applicable to the Services, Supplemental Mobile Data
consists of the following and similar information:
- Your precise mobile device location - If you give us permission to access your precise location, this enables us to access your GPS or Bluetooth to provide location-aware functionality in the Services. Please note that this does not include your IP address. We use your IP address to determine non-precise location, for example, what country you are in to comply with our licensing and other agreements;
- Your voice data - If you give us permission, this enables us to access the voice commands captured via your device microphone to enable you to interact with the Services with your voice. Please note you will always have the ability to turn off the microphone feature;
- The Company user profile includes age, gender, and other personal characteristics used for the purpose of delivering certain features; and
- Your photos - If you give us permission to access your photos or camera, we will only access images that you specifically choose to share with us and metadata related to those images, such as the type of file and the size of the image. We will never scan or import your photo library or camera roll.
- Lawful Basis for Processing: Our lawful basis for processing Supplemental Mobile Data is (1) our contract with you and (2) our legitimate interest in improving our Services based on the Supplemental Mobile Data we receive from you.
- How We Use It and Who We Share It With: We only use Supplemental Mobile Data when you specifically authorize it, and we only share it with those parties who are strictly necessary for the purpose you have authorized.
A. Current and Potential Employees
We often use the services of third parties to help us to recruit new employees and independent contractors and to manage our interactions with current employees and independent contractors. We do our best to contractually ensure that these third-party service providers comply with the policies we have adopted. However, we can’t guarantee their compliance in every case.
Our lawful basis for processing Data about potential and current employees and independent contractors is our contract with them and our legitimate interest in processing that Data, both to facilitate the formation of a formal relationship and to manage that relationship once it is formed. We only use employment Data for the direct purpose of the employment or independent contractor relationship, and we cease using it as soon as that relationship ends. However, we may keep and process that Data after the relationship ends when we are required to do so by applicable law or to preserve legal claims that may arise.
Certain of our users are affiliates or affiliate networks, who benefit from promoting our Services. Data about our affiliates is categorized and treated in the same manner as Data about our customers. However, our lawful basis for using affiliate Data is our contract with affiliates and our legitimate interest in sharing that Data with third parties for purposes of promoting the affiliates’ relationships with ResortPass.
SHARING YOUR INFORMATION
Except where a specific limitation is noted above, we may share your Data as follows:
- At Your Instruction. If you request us to make your Data available to a third party (including with Hotels), and such request furthers the purposes of our Services, we will do so.
- Sharing with Vendors and Service Providers. In certain cases, we use the services of third-party vendors and service providers to assist us in providing the Services. We may share your Data with such vendors and service providers solely for that purpose, and we will require those parties to abide by our privacy policies or privacy policies substantially in consonance with ours.
- Service Providers. We may sometimes use a third party to provide specific Services on our behalf, including sending e-mails to our members, conducting member surveys, processing transactions or performing statistical analysis of our Services. In these cases, we may provide certain personal information, such as your name and e-mail address and other financial information necessary for the service to be provided. However, these third parties are required to maintain the confidentiality of this information and are prohibited from retaining, sharing, storing or using this information for any other purposes.
- Business Transitions. In the event that we go through a business transition, such as a merger, acquisition, liquidation or sale of all or a portion of our assets, the information we have about you will, in most instances, be part of the assets transferred. We reserve the right to transfer that information in connection with such transactions without notice to you. We will not obtain your consent for such a transfer.
- Legal Disclosure. We may disclose your Information if required to do so by law or in the good faith belief that such action is necessary to conform to applicable law, comply with a judicial proceeding, court order or legal process served on us, protect and defend our rights or property, or investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or violations of our terms of service.
- Publicly Disclosed Data. Certain items of Data are always publicly available, such as your username, people who follow your playlists, and the playlists you follow.
If we ever plan to use any Data in the future for any other purposes not identified above and we do not have a separate lawful basis for that processing, we will only do so after obtaining your specific consent.
Please note that we DO NOT sell your Data for any purpose.
TECHNOLOGIES WE USE
The technologies we use for automatic Data collection may include the following:
- Flash Cookies. Certain features of our Services may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Services. Flash cookies are not managed by the same browser settings as are used for browser cookies.
- Web Beacons. Pages of the Services and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
- Geolocation. We may use GPS (or other similar) technology when you use our Services, and more specifically any mobile application, to determine your current location. If you do not want us to use your location to provide you the Services, you can turn off your location services on your mobile device in your device's account settings.
- Other Technologies. We may also use device identifiers, local storage, html modifiers, and different types of caching to help us understand the devices and users who access the Services. Those methods include device identifiers that are either hardware-based or software-based, persistent or non-persistent, and which may identify either a device or a software module within a device (such as a web browser).
"Do Not Track" Options
Your web browser(s) may offer a "Do Not Track" option, which allows the individual to signal to operators of websites and web applications and services (including behavioral advertising services) that he or she does not wish such operators to track certain of his or her online activities over time and across different websites. Our Services do not support Do Not Track requests at this time, which means that we may collect information about your online activity both while you are using the Services and after your use of the Services.
YOUR CHOICES REGARDING OUR USE AND DISCLOSURE OF YOUR DATA
We only use your Data for marketing purposes if you give us your specific consent. If, after giving your consent, you wish to opt-out of our sharing of your information with third parties for the third parties’ direct marketing purposes, or if you wish to stop receive marketing e-mails from us, please follow the instructions below. (Note that if you are a resident of the European Union, we will never use your personal data for third-party marketing purposes unless you have clicked on a box online to expressly give consent for such use.)
- Receiving electronic communications from us: If you no longer want to receive marketing-related emails from us on a going-forward basis, you may opt-out of receiving these marketing-related emails by sending a request for list removal to [email protected].
- Our sharing of your Data with unaffiliated third parties for their (or their customers') direct marketing purposes : If you would prefer that we do not share your information on a going-forward basis with unaffiliated third parties for their direct marketing purposes, you may opt-out of this sharing by emailing [email protected] from the email that you have signed up or used in receiving the Services.
We will try to comply with your request(s) as soon as reasonably practicable. Please also note that if you do opt-out of receiving marketing-related emails from us, we may still send you messages for administrative or other purposes directly relating to your use of the Services, and you cannot opt-out from receiving those messages.
YOUR RIGHTS REGARDING YOUR DATA
Under applicable data privacy, protection and other laws, you have certain rights related to your access and control of your Data. Such rights may include the following:
- The right to access, correct, update, or request deletion of your Data.
- The right to object to processing or restrict the processing of your Data. Please note that if you exercise this right, it may limit or eliminate our ability to provide you the Services.
- The right to request portability of your Data.
- The right to opt-out of marketing communications we send you. You can exercise this right by clicking the "Unsubscribe" or "Opt-Out" link found in these communications.
- The right to not be subject to a decision based solely on automated processing, including profiling, known as Automatic Decision Making. Please note that we currently do not employ any Automatic Decision-Making processes in providing the Services.
- The right to submit a complaint to any applicable regulatory authority about our processing activities.
- The right to opt-out of us sharing (as defined in the California Privacy Rights Act) your Data, including for direct marketing purposes, subject to certain legal exceptions.
We may use additional processes to verify your identity before we reveal or delete any of your Data, including two-factor or two-step authentication measures to ensure we can identify you.
Further, although we currently do not process Data without consent, if we at any time in the future process Data without your express consent, you may opt-out or withdraw consent at any time.
Please note that exercising any of the above rights may limit or eliminate our ability to provide you the Services. If so, we may terminate the Services due to such requests.
We will try to comply with your request(s) as soon as reasonably practicable. Upon receipt of your written request, we will provide you with a copy of your information, although in certain limited circumstances we may not be able to make all relevant information available to you, such as where that information also pertains to another user. In such circumstances we will provide reasons for the denial to you upon request.
Please also note that if you do opt-out of receiving marketing-related emails from us, we may still send you messages for administrative or other purposes directly relating to your use of the Services, and you cannot opt-out from receiving those messages while continuing to use the Services.
A. Privacy for EU/UK Residents
Pursuant to the GDPR, residents of Europe have the right to obtain our confirmation of whether we maintain personal information relating to them in the United States. If you are a resident of Europe, upon request from you, we will provide you with access to the Data that we hold about you. Please contact us if you have any questions.
Further, if you are a resident of the United Kingdom ("UK"), to the extent the GDPR as incorporated into UK law pursuant to s.3 of the European Union (Withdrawal Act) 2018 (as amended, the "UK GDPR") is different than the GDPR, we will follow all supplemental requirements under the UK GDPR and you have all rights as a UK citizen under the UK GDPR.
B. Privacy for California Residents
California adopted the California Consumer Privacy Act (“CCPA”), which took effect at the beginning of 2020 and has now adopted the California Privacy Rights Act ("CPRA"), portions of which take effect January 1, 2022. We comply with the requirements of the CCPA and CPRA to the extent they apply to us.
If you are a California resident, you may request to exercise your rights for any Data we have processed in the 12 months prior to your request. Such request covers any categories, sources, purposes, and, if applicable, third parties to whom we share the Data. Further, you can exercise any of your rights free of discrimination, for example, we cannot increase the price of the Services or decrease the quality of the Services because you exercise your rights.
The security of your Data is important to us. We use commercially reasonable efforts to store and maintain your Data in a secure environment. We take technical, contractual, administrative, and physical security steps designed to protect Data that you provide to us. We have implemented procedures designed to limit the dissemination of your Data to only such designated staff as are reasonably necessary to carry out the stated purposes we have communicated to you.
You can help by keeping us informed of any changes such as a change of your personal contact information. If you would like to access your information, if you have any questions, comments or suggestions of if you find any errors in our information about you, please contact us at [email protected]. If you have a complaint concerning our compliance with applicable privacy laws, we will investigate your complaint and if it is justified, we will take appropriate measures.