Privacy & Site Security

PRIVACY NOTICE OVERVIEW

Effective Date: May 25, 2018
 

PRIVACY NOTICE OVERVIEW

Effective Date: May 25, 2018

Your privacy is important to us. This Privacy Notice (“Notice”) provides you with information on the collection, use, sharing and processing of your personal information (defined below) by Feltrim Resorts Llc, (“Feltrim”, “we”, or “us”) in connection with your use of our websites (“Sites”), your use of our products or services offered on our Sites (“Services”), your interactions with us at our properties or trade shows, and in the context of other offline sales and marketing activities.

Your use of our Sites and Services is subject to this Notice and the Terms of Service Policy applicable to these Sites (including but not limited to any applicable limitations on damages and the resolution of disputes). By using our Sites and Services, you acknowledge that you have read and understand this Notice and that you agree to its contents. You do not have to provide personal information to us. Please note, however, that if you do not provide certain personal information, you may not be able to use or access all or portions of our Sites or Services.

If there are any material changes to this Notice, we may notify you directly.  Otherwise, you will find the most current version of this Notice on our Sites and you should check it regularly to see if there have been any changes. The effective date of the Notice is above.

WHAT PERSONAL INFORMATION DO WE COLLECT?

We collect personal information when you provide it to us on our Sites, when you use our Services, when you interact with us offline at our properties or tradeshows, or when other sources provide it to us as explained below. In this Notice, “personal information” refers to data that could be used, alone or in combination with other data, to identify you as an individual.

Personal Information You Provide Us

We collect personal information that you provide to us when you fill out forms and submit information on our Sites.  We also collect information that you provide when you register at one of our resorts, sign up for or purchase any of our Services, take advantage of a promotion, enter a contest or respond to inquiries regarding your interest in receiving Feltrim and third party marketing materials.

Information we collect from you that you provide to us includes:

Contact information such as your name, email address, mailing address, phone number, contact preferences;

Demographic information such as your country of origin, age, and date of birth;

Reservation information such as the length of your stay, information about the persons traveling with you;

Payment information such as your credit card number, billing address, bank account information, financial institution information, purchase history;

Account and user profile information when you register for an account, create or modify your profile, set preferences;

Your social media account username information, such as your Facebook or Instagram username, for our Sites or Services that ask for or link to that information and that you provide.

Personal information we collect from you also includes any unsolicited information about you that you provide to us unilaterally and not at our request, such as in an email you send us or when posting a review. When you provide us with this unsolicited information, you are granting us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, transferable and fully sub-licensable right and license to use the unsolicited information for any lawful purpose and without limitation or attribution.

Personal Information We Collect Automatically

We collect personal information when you use our Sites and Services, including when you browse our websites and take certain actions within the Services. This information we automatically collect includes:

Information about the Sites and Services you looked at, searched for, or used, including time spent on our Sites and other statistical information;

Details about your computers, devices, applications, and networks, including internet protocol (IP) address, cookie identifiers, mobile carrier, Bluetooth device IDs, mobile device ID, mobile advertising identifiers, MAC address, and other device identifiers that are automatically assigned to your computer or device when you access the Internet, browser type and language, language preferences, geo-location information, hardware type, operating system, Internet service provider, pages that you visit before and after using the Services, the date and time of your visit, the amount of time you spend on each page, information about the links you click and pages you view within the Sites, and other actions taken through use of the Sites and Services such as preferences. We may collect this information through our Sites, Services or through other methods of web See “Our Use of Cookies” for more information.

Certain Sites and Services request permission to access your location. Where you grant this permission, we will collect information about your location using GPS, wireless, or Bluetooth technology as stated above. You can control access to precise location information through your mobile device settings.

Personal Information We Collect from Third Parties

We may receive information about you from other sources, including from third parties who offer their own goods and services through links to our Sites, and combine that information with the information we collect from you directly. Information about you that we collect from third parties includes:

delivery or payment information that we use to correct our records;

purchase order information, or information when you redeem a giveaway or participate in a promotion;

customer support and enrollment information; and

credit or identity information that we use to help prevent and detect fraud.

Where there are links between our Sites and third party websites or social networks such as Facebook or Instagram, we collect information about your account information publicly available on those third party sites or social networks, primarily your username, for marketing purposes.

We also contract with third party affiliate advertising networks who may receive information about your IP address and topics viewed on their websites from that IP address. We collect this information to deliver advertising and other information to you that is related to the information you sought or viewed on their websites, or to provide them with data regarding how people use their websites.

OUR USE OF COOKIES

We collect information about the device you are using through cookies, among similar tracking and analysis technology. Feltrim and its processors or subprocessors use these technologies when you interact with our Sites.

Some cookies are required to access some or all of our Sites and are necessary to improve the performance of our Sites and Services and enhance your overall user experience.  Others are used to display our advertisements on third party websites, based on cookies set on your visit to our Sites. Advertising/targeting cookies may also be used to track your responses to particular adverts, which helps advertisers ensure that you see the most relevant advertisements in future on third party websites. As explained in “Links To Other Sites,” we do not control the information collected by such partners or advertiser in connection with our Site, and they do not process such data on our behalf.

When you visit our website, you are notified of the use of cookies for tracking and analysis and asked to provide your express consent. The notice makes reference to the detailed explanations in this Notice. You can prevent or restrict the storage of cookies on your hard disk by setting your browser not to accept cookies or to request your permission before setting cookies. Once cookies have been set, you can delete them at any time. Please refer to your browser’s instructions to find out how this works. If you do not accept cookies, this can lead to restrictions in the use of our Sites and Services.

HOW AND WHY WE USE YOUR PERSONAL INFORMATION?

To Run Our Business

We use the personal information we collect for business purposes, including to:

Analyze your behavior to measure, customize, and improve our Sites and Services, including developing new products and services;

Advertise Feltrim and third party products and services that we think may be of interest to you, including through newsletters and direct marketing communications;

Establish and manage accounts and licenses, including by collecting and processing payments and completing transactions;

Provide customer support, troubleshoot issues, manage subscriptions, and respond to requests, questions, and comments;

Communicate about, and administer participation in, special events, programs, surveys, contests, sweepstakes, and other offers and promotions;

Conduct market and consumer research and trend analyses;

Enable posting on our blogs, forums, and other public communications;

Perform accounting, auditing, billing, reconciliation, and collection activities;

Prevent, detect, identify, investigate, and respond to potential or actual claims, liabilities, prohibited behavior, and criminal activity; and

Comply with and enforce legal requirements, agreements, and

For Third-Party Advertising

We work with third-party advertising companies to display or deliver ads to you while you are on our Sites or using our Services. These third-party advertisers may collect data about your interaction with our Sites or Services to measure the effectiveness of their ads and to personalize advertising content. See “Our Use Of Cookies” above to learn more about how we use tracking technologies like cookies and the choices available to you.

With Your Consent

We also use information about you where you have given us consent to do so for a specific purpose not listed above. For example, we may publish testimonials or featured customer stories to promote our Sites or Services, with your permission.

If you have consented to allow our Sites or Services to access your location, our mobile advertising partners may use your location to target advertisements to you. You may use the location settings on your device to withdraw access to your location information.

Legal Bases For Processing Information Collected (for EEA Users)

If you are an individual in the European Economic Area (EEA), we collect and process information about you only where we have legal bases for doing so under applicable EU laws.  The legal bases depend on the Sites and Services you use and how you use them. This means we collect and use your information only where:

We need it to provide our Services, including to perform our responsibilities under our contract with you (e.g. processing payments for and providing the Services you purchase or request);

It satisfies a legitimate interest (that is not overridden by your data protection interests), such as to provide, secure, and improve our Services; to communicate with you about changes to our Services; and in informing you about new services or products;

You give us consent to do so for a specific purpose; or

We need to process your data to comply with a legal obligation.

If you have consented to our use of information about you for a specific purpose, you have the right to change your mind at any time, but this will not affect any processing that has already taken place.  Where we are using your information because we or a third party have a legitimate interest to do so, you have the right to object to that use though, in some cases, this may mean no longer using or having access to our Sites or Services.

WHO DO WE SHARE YOUR PERSONAL INFORMATION WITH?

We generally disclose the information we collect from you to provide our Services to you, to communicate with you, to advertise or promote our Sites and Services, to facilitate changes to or transfers of our business, as required by law, or with your consent. For instance, we may share the Personal Information we collect as follows:

With current and future members of the Feltrim family of companies for the purposes described in this Notice, including with your consent;

With affiliated and unaffiliated service providers who help us perform and deliver our Services for us (for example, credit card processing services; Service fulfillment; website management; information technology and related infrastructure provision; customer service; email delivery; mobile advertisement partners; auditing; and other similar service providers), subject to confidentiality agreements;

With the appropriate authorities if we believe disclosure is necessary and appropriate to prevent physical, financial, or other harm, injury, or loss, including to protect against fraud or credit risk;

With legal, governmental, or judicial authorities as instructed or required by those authorities and applicable laws, or in relation to a legal activity, such as in response to a subpoena or investigation of suspected illicit or illegal activities, or where we believe in good faith that users may be engaged in illicit or illegal activities, or where we are bound by contract or law to enable a customer or business partner to comply with applicable laws;

With necessary third parties in connection with, or during negotiations for, an acquisition, merger, asset sale, or other similar business transfer that involves all or substantially all of our assets or functions where personal information is transferred or shared as part of the business assets;

With your consent or at your direction, such as when you choose to share information or publicly post content and reviews (for example, social media posts); and

With persons of your choosing and at your discretion, should the product you are subscribed to allow that

We may also share aggregate data that does not identify you or any specific device with third parties.

HOW DO WE SECURE YOUR PERSONAL INFORMATION?

While we cannot guarantee your personal information is completely secure at all times, we use administrative, organizational, technical, and physical safeguards to protect the personal information we collect and process. Our security controls are designed to maintain data confidentiality, integrity, and give us an appropriate level of access to your data.

Among other things, we use professional third party service providers and data centers to provide our Sites.  Those data centers implement industry-standard measures to protect the security of the personal information we collect.  For example, those service providers and data centers use SSL (Secure Socket Layers), firewalls and a digital certificates issued by Letscrypt (https://letsencrypt.org/) to help protect your personal information.  The financial partners we use that collect and process payment information follow the Payment Card Industry Data Security Standard.

HOW LONG DO WE KEEP YOUR PERSONAL INFORMATION?

How long we keep information we collect about you depends on the type of information. After such time, we will either delete or anonymize your information or, if this is not possible (for example, because the information has been stored in backup archives), then we will securely store your information and isolate it from any further use until deletion is possible.

Customer information: Information we collect about you to provide you with our Services will be retained for the duration of the services period. After the end of the customer relationship such data will continue to be retained for as long as these data are necessary for the maintenance of your account(s) and for the administration of documents or data relating to your account(s). Otherwise customer data will be deleted after 1 year.

Payment information: We do not store credit card numbers (other than the last four digits) after a transaction is completed. For tax purposes, we retain correspondence, invoices, and other booking documentation for 7 years.

Account information: We retain your account information for as long as your account is active and for a six-month period thereafter in case you decide to re-activate the Service, in the event of unintentional deletion, to comply with our legal obligations, to resolve disputes, to enforce our agreements, to support business operations, and to continue to develop and improve our Services.

Marketing information: Information such as your email address or phone number collected online on our Sites or offline from our interactions with you at our tradeshows or properties, and used for direct marketing and sales activities will be retained for as long as we have an active (customer) relationship with you. We treat you as an active contact if you have not made a deletion request. If you opt-out of marketing communications, we retain your account information for a six-month period thereafter to protect our legitimate interest in being able to restore this data in the event of unintentional deletion; or in establishing, exercising or defending legal claims in connection with the registration for, and consent to, receipt of marketing communications.

Device and browsing information: Log files are deleted after 120 days. Session cookies expire and are deleted at the end of your browser session. Persistent cookies may be set to expire from 30 days to 1 year depending on the function of the cookie. After those periods expire, this information will be deleted or made anonymous.

WHAT ARE YOUR RIGHTS?

Your Rights to Opt-Out of Marketing and De-Register Your Account

You may choose not to receive marketing communications from us by clicking on the unsubscribe link in our marketing emails or by contacting us as described below. If you provide Feltrim with inconsistent privacy preferences (for example, by indicating on one occasion that we may provide you with marketing offers and on another occasion that we may not), we will endeavor to update your privacy preferences in our records with your latest preference in a timely manner. You can also choose to de-register your account at any time.

Your California Privacy Rights

Feltrim does not share information that identifies you personally with non -affiliated third parties for their own marketing use without your permission.

Your Rights If You Live In The EEA

For residents of the European Economic Area (EEA), Feltrim is headquartered in the United States and may transfer your personal information from the EEA to the United States. We provide adequate protection for the transfer of personal information to countries outside of the EEA through a series of intercompany agreements based on the Standard Contractual Clauses authorized under EU law. You can view the language of the Standard Contractual Clauses at this link.

As a resident of the EEA, and with respect to information that identifies you that is collected while you are in the EEA, you have the right to request access, changes to, or removal of your personal information in accordance with applicable laws by contacting us as indicated below. You also have the right to object to or limit the processing of your personal information, including the processing of your information for direct marketing purposes as described above.

Although Feltrim makes good faith efforts to provide you with access to your personal information, there may be circumstances in which we are unable to provide access, including but not limited to: where the information contains legal privilege, where the information would compromise others’ privacy or other legitimate rights, where the burden or expense of providing access would be disproportionate to the risks to the individual’s privacy in the case in question, or where it is commercially proprietary. If Feltrim determines, in its sole discretion, that access should be restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries. To protect your privacy, we will take commercially reasonable steps to verify your identity before granting access to or making any changes to your personal information.

You have the right to lodge a complaint with the data privacy authority where you reside, where you work, or to the Irish supervisory authority, the Data Protection Commissioner, at:

Online:        https://www.dataprotection.ie/docs/Home/4.htm

Telephone:       +353 57 868 4800.

LINKS TO OTHER WEBSITES

Our Sites and Services contain links to other websites. We have no control over these websites and are not responsible for the content or privacy policies of these websites. This Notice does not extend to these other websites. We suggest you review the privacy notices or policies of these other sites before providing any information if you visit those websites.

HOW DO WE RESPOND TO “DO NOT TRACK” SIGNALS

We do not change our tracking processes in response to “Do Not Track” settings in your web browser. You may, however, disable certain tracking as discussed above (e.g., by disabling cookies). Please consult the “Help” section of your internet browser for more information.

CONTACT US

If you would like to access or update your personal information that we have or your preferences, or if you have questions or concerns regarding this Notice, please contact us by one of the following methods:

By e-mail to:   hello@feltrim.com or

By mail to:      Feltrim Resorts

124 Kenny Blvd,

Haines City, Florida 33844 USA.

ATTN: Privacy Policy

You can contact our data privacy officer directly at hello@feltrim.com.

ARBITRATION

To the maximum extent permitted by applicable law, this Privacy Policy will be governed by the laws of the State of Florida (without regard to principles of conflicts of laws). If a dispute, claim or controversy arises out of, relates to, or is in connection with this Privacy Policy (a “Dispute”), and if the Dispute cannot be settled through direct discussions between you and us, such Dispute will be settled by final and binding arbitration by the American Arbitration Association (AAA), following its then current Commercial Arbitration Rules. Unless otherwise agreed, the arbitration panel will consist of a single arbitrator selected by mutual agreement of you and us, or if the parties cannot agree to an arbitrator, by the AAA. The arbitrator will be an attorney experienced in privacy disputes. The arbitrator will have exclusive authority to resolve any and all disputes relating to procedural and substantive questions of arbitrability, including, including but not limited to, choice of venue issues, and the formation, interpretation, applicability, scope, and enforceability of this agreement to arbitrate. The arbitration proceeding will occur in the Tampa, Florida metropolitan area. Each party will bear its own arbitration costs, and the parties will equally share the arbitrators fees. The arbitration and all related proceedings and discovery will take place pursuant to a protective order entered by the arbitrator that adequately protects the confidential nature of the parties proprietary and confidential information (including without limitation Personal Information). No Claim may be combined or consolidated with any other proceeding, nor may any proceeding be pursued in a representative capacity or on behalf of a class.