PRIVACY POLICY

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Our Privacy Policy is intended to describe to you how and what data we collect, and how and why we use your personal data. It also describes options we provide for you to access, update, or otherwise take control of your personal data that we process.

BAY WATCH RESORT & MARINA LLC:
Last updated: Feb 2021

We appreciate you visiting this website (the “Site”). Our visitors’ privacy and trust are important to us. We provide this notice of our Privacy Policy to make sure that your expectations and our practices are aligned, and that you (“you” or “User”) are aware of your choices regarding our use and disclosure of the information you provide to us.

OVERVIEW

(a) This Privacy Policy applies to your use of:

(i) this website, including related digital publications, bulletin boards, forums, social media, and e-newsletters (the “Site”) and, without limitation,

(ii) all other websites owned and/or provided by BAY WATCH RESORT & MARINA LLC (“Bay Watch Hotel” or “us”);

(iii) all services offered through this Site and/or any other Bay Watch Hotel website.

(iv) all mobile applications, software offerings and applications owned and/or provided by Bay Watch Hotel and/or available on or through this Site or any other Bay Watch Hotel website; and

(v) all web pages, data, text, images, photographs, illustrations, graphics, audio, video, and documents including articles, marketing materials, press releases and other information and content available on or through this Site or any Bay Watch Hotel website (together with the Site, (i) through (v), collectively the “Services”).

(b) This Privacy Policy does not apply to information we collect by other means (including offline) or from other sources or pursuant to a separate written or electronic agreement with you. This Privacy Policy does not apply to the practices of companies that Bay Watch Hotel does not own or control, or to people that Bay Watch Hotel does not employ or manage.

(c) By accessing and using the Services, you acknowledge that you have read and understood this Privacy Policy and that you accept them and agree to be legally bound by it. You do not have permission to use the Services if you do not accept and agree to be legally bound by this Privacy Policy. Your use of any of the Services constitutes your acceptance of this Privacy Policy and your consent to any action we take with respect to your information in compliance with this Privacy Policy.

(d) We may change the terms of this Privacy Policy, so Users are encouraged to review this page from time to time. Your continued use of the Services following the posting of changes to the Privacy Policy means that you accept the changes.

(e) This Privacy Policy applies; however, you access the Services, including, without limitation, via a computer, tablet, smart-phone, or another Internet-enabled device (“Device”).

(f) We endeavour to ensure that any personal data we collect about you will be held and processed strictly in accordance with the Data Protection Act 1998 (DPA) and, on and from 25 May 2018, the European General Data Protection Regulation (GDPR). Terms with meanings under GDPR are identified here:

(i) We are considered a “Data Controller”. Data Controller means a person who (either alone or jointly or in common with other persons) determines the purposes for which and the way any personal data are or are to be, processed.

(ii) We utilize “Data Processors (or Service Providers)” Data Processor (or Service Provider) means any person (other than an employee of the Data Controller) who processes the data on behalf of the Data Controller.

(iii) You, or any User, would be considered a “Data Subject”. A Data Subject is any living individual who is the subject of Personal Data.

(v) “Personal Data” is defined below.

INFORMATION WE COLLECT AND HOW WE COLLECT IT.

(a) We require you to provide certain information about yourself when you register with certain of the Services. We may receive information about you when you respond to requests for feedback when you participate in contests and surveys, and when you submit postings to public areas of this Services (e.g., moderated discussions and bulletin boards).

(b) Information we collect may include information from which you may be personally identified (“Personal Data”) which may include:

(i) name, postal address, telephone number, fax number and e-mail address,

(ii) certain business information such as employer name, occupation, industry, job function, job title and buying information (e.g., preferences or history),

(iii) certain optional information such as birth date, birthplace, mother’s maiden name, gender, geolocation information, zip code, biographical information, personal interests,

(iv) Facebook/Twitter/Instagram/Google/ICQ/AIM/Yahoo/MSN/SKYPE username (or similar usernames), and

(v) photos, videos, audio files that may contain your image or voice, when you register with them, use the products or services or post content on a blog site as a guest with authoring rights, as applicable. We may also collect information about your transactions with us and with some of our business partners. This information might include information necessary to process payments due to us from you such as your credit card number. Services only collect Personal Data with your knowledge.

(c) Certain data collected automatically either generated using the Services or from the Service infrastructure itself (for example, the duration of a page visit) which is considered “Usage Data” may also be collected. Some examples:

(i) When you visit the Services, we may collect the IP address of your Device.

(ii) We also use automatic data collection technology to record other information that identifies your Device and tracks your behaviour on the Services.

(iii) We may automatically receive and record information on our server logs from your browser, including your IP address, cookies, and the pages you request, as well as pages you have visited of our partner and affiliate websites and the products you were interested in on that site.

We do not collect Personal Data in this way, but if you provide us with Personal Data, we may associate that information with the information that is collected automatically.

HOW WE USE YOUR INFORMATION

(a) We use Personal Data collected via the Services for the following purposes:

(i) To provide you with the Services.

(ii) To respond to your inquiries and contact you about changes regarding the Services.

(iii) To provide you with e-mail, fax and other notices (such as expiration and renewal notices) regarding your account and the products or services that you are receiving, and for billing and collection purposes.

(iv) For support for internal operations including, among other things, contextualizing advertising, frequency capping, legal compliance, site analysis and network communications.

(v) For any other purpose disclosed at the time the information is collected or to which you consent.

(vi) As otherwise specifically described in this Privacy Policy or the Terms.

(b) Usage Data may be used for:

(i) Diagnose and prevent service or technology problems reported by our users or engineers that are associated with the IP addresses controlled by a specific web company or ISP.

(ii) Estimate the total number of users visiting Bay Watch Hotel websites from specific geographical regions.

(iii) Help determine which users have access privileges to certain content, services, or resources that we offer.

(iv) Monitor and prevent fraud and abuse.

(v) Estimate and report our total audience size and traffic.

(vi) The Services may display your IP address to the owners or maintainers of certain journals or Blogs when you post to those journals or Blogs and the owner or maintainer has enabled functionality on the sites for this purpose.

(c) We may use your information to better understand our Users and to improve our Services. For example, we may use this information to determine what portions of the Services are most popular and the demographics of our Users generally. Cookies, Cookies, both session ID cookies and persistent cookies which remain on your hard drive for an extended period and other User information also enable us to customize your experience on the Services. We may use IP addresses to help diagnose problems with our servers or to administer our Services.

(d) Unless you opt-out, we may use the information you provide us to send you e-mail, fax and other communications on behalf of Bay Watch Hotel and our affiliates, including e-mail newsletters or promotional offers for Bay Watch Hotel services. See our opt-out policies below.

(e) We may use your information to send you e-mail and other communications on behalf of third parties. Each of these communications will include instructions for opting out of receiving future third party offers from us. You may opt-out of receiving third party offers at any time. See our opt-out policies below.

(f) Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country, or other governmental jurisdiction where the data protection laws may differ from those from your jurisdiction. If you are located outside the United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to the United States and process it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

OUR DISCLOSURE OF YOUR INFORMATION

(a) We may disclose to third parties aggregated, anonymous statistics about many Users, and individual information that is not Personal Data without restriction if no individual is identifiable by the information disclosed. We do not share Personal Data we learn about you from your use of the Site and Services with others, except as described in this Privacy Policy without your consent or except as follows:

(i) Name and/or business name and title (but not information by which you may be contacted (i.e., name, postal address, telephone number, fax number and e-mail address) in representative lists of our publication circulation and/or Services membership.

(ii) To third parties engaged to provide services to us under contractual requirement to keep Personal Data confidential and use it only to perform the services.

(iii) Portions of the Services may be provided as “Premium” or “Sponsored” content. Premium or Sponsored content is made available to Users on the condition that we may share certain of the User’s registration information with the Premium or Sponsored content’s sponsors and advertisers. We will always disclose when you are registering or being provided with Premium or Sponsored content.

(iv) Unless you opt-out, name, postal address, telephone number, fax number and e-mail address to other third parties to market their products or services under contractual requirement to keep Personal Data confidential and use it only to market and provide their products or services. You may opt out of such disclosures by sending an e-mail info@hamptonbayshotel.com with the subject line: “do not disclose” or by such other means as we may from time to time make available to you.

(v) To any successor pursuant to an asset sale, merger, consolidation, restructuring, reorganization, liquidation, or other similar transaction involving Bay Watch Hotel or the Services.

(vi) When we believe such disclosure is required by law, regulation, or securities exchange requirement or for the protection of persons or property.

(vii) When disclosure is necessary to accomplish the purpose for which you provide it.

(viii) We may share any information (including Personal Data) you provide with other Bay Watch Hotel member companies for any uses consistent with those disclosed in this Privacy Policy.

(b) We may share Personal Data about you under the following circumstances:

(i) In the course of operating our business, it may be necessary or appropriate for us to provide access to your Personal Data to others, such as our service providers, contractors, and select vendors so that we can operate the Services and our business. Where practical, we seek to obtain confidentiality agreements that are consistent with this policy and that limit others’ use or disclosure of the information you have shared.

(ii) We may share your Personal Data to respond to subpoenas, court orders, or legal process, to establish or exercise our legal rights or, defend against legal claims, and if in our judgment in such circumstances disclosure is required or appropriate.

(iii) We may share your Personal Data if we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our various terms of use, or as otherwise required by law.

(iv) As we continue to develop our business, we may also buy or sell all or part of our business. In such transactions, Personal Data you have shared with us is generally one of the business assets that will be transferred. The transferred Personal Data will remain subject to the promises made in this privacy policy or subsequent policies to which you have consented.

(d) IF YOU POST PERSONAL INFORMATION ONLINE THAT IS ACCESSIBLE TO THE PUBLIC, YOU MAY RECEIVE UNSOLICITED MESSAGES FROM OTHER PARTIES IN RETURN.

RETENTION OF DATA

(a) Bay Watch Hotel will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

(b) Bay Watch Hotel will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.

SECURITY

We use reasonable safeguards to protect the Personal Data we collect via the Services from unauthorized access, use, modification, or disclosure. However, due to the design of the Internet and other factors outside of our control, we cannot guarantee that communications between you and our servers will be free from unauthorized access by third parties.

RIGHTS TO ACCESS AND CHANGE INFORMATION

(a) Bay Watch Hotel aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.

(b) Whenever made possible, you can update your Personal Data directly within your account settings section. If you are unable to change your Personal Data, please contact us to make the required changes.

(c) If you wish to be informed what Personal Data, we hold about you and if you want it to be removed from our systems, please contact us.

(d) In certain circumstances, you have the right:

(i) To access and receive a copy of the Personal Data we hold about you.

(ii) To rectify any Personal Data held about you that is inaccurate.

(iii) To request the deletion of Personal Data held about you.

(e) You have the right to data portability for the information you provide to Bay Watch Hotel. You can request to obtain a copy of your Personal Data in a commonly used electronic format so that you can manage and move it.

(f) Please note that we may ask you to verify your identity before responding to such requests.

(g) You may view and update information that you previously submitted to this Site by visiting the newsletter or website registration page for this Site, or which you submitted to request a print publication, by sending an e-mail to info@hamptonbayshotel.com or by such other means as we may from time to time make available to you. However, a request to change information may not be accommodated if the request would conflict with legal requirements or result in incorrect information. Requests to view or change personal information may take a few days to process.

OPTING OUT

You have the right to opt-out of any of our Services and communications. You may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send. All email newsletters will provide you with an opportunity to opt-out of receiving future issues of the newsletter. All promotional offers will include an opportunity to opt-out of receiving future promotions from the brand whose product/service is being promoted. We will not share identifying contact data on our users who have opted out of a specific channel unless they engage and consent through other Bay Watch Hotel opt-in email subscription or lead generation channels. Users that have opted out of a specific channel will be removed from the channel’s deployment list within 10 business days.

You may also opt-out of receiving the third party offers from a Service at any time by sending an e-mail to info@hamptonbayshotel.com with the subject line “opt-out – third party” or by such other means as we may from time to time make available to you.

INFORMATION RELATED TO CHILDREN

(a) The Children’s Online Privacy Protection Act (“COPPA”) requires that we inform parents and legal guardians about how we collect, use, and disclose personal information (from children under 13 years of age. The Services are not directed at children under 13 years of age, but we recognize that with proper adult supervision some parents might permit their children to visit and utilize the Services. COPPA requires that we obtain the consent of parents and guardians for children under 13 years of age to use certain features of the Services.

(b) When your child attempts to register and/or provide personal information to BAY WATCH HOTEL (including on any of the Services), we require a parent or legal guardian to: complete the registration; review our privacy policy and to submit a valid credit card number to verify that the child’s parent or guardian knows about and authorizes our information practices related to children protected by COPPA, and verify through the use of an email confirmation and second authorization that the parent or guardian consents to any applicable the Terms and Conditions and this Privacy Policy.

(c) The information we may collect may include information from which children may be personally identified include names, postal address, telephone number, fax number and e-mail address, buying information (e.g., preferences or history), birth date, birthplace, parents name, gender, geolocation information, zip code, biographical information, personal interests, and Facebook/Twitter/Google/ICQ/AIM/Yahoo/MSN/SKYPE user name (or similar user names), when you register with them, use the particular products or services or post content on a blog site as a guest with authoring rights, or photos, videos, audio files that may contain children’s image or voice as applicable.

(d) Once parental or guardian notice and consent has been verified, the information we collect will be treated the same as information collected from any other user of the Services. Without verified parental notice and consent, we will not knowingly collect personal information of children under 13 years of age, and if we learn that we have inadvertently collected such information, we will promptly delete it, provided that we will not delete the information needed to (i) protect the security or integrity of the Site or Services; (ii) take precautions against liability; (iii) respond to judicial process; or (iv) to the extent permitted under other provisions of law, to provide information to law enforcement agencies or for an investigation on a matter related to public safety; and where such information is not be used for any other purpose.

(e) How Parents Can Access their Children’s Personal Information:

(i) In compliance with COPPA, parents and legal guardians may request us to review, delete, or stop the collection of the Personal Data of their child. To do so, you may contact us by letter, phone, or email, using the address information provided in Section 11 of this Privacy Policy or on our “Contact Us” page of the Site.

(ii) If you request that no further information about your child be collected or used, we will be required to terminate your child’s ability to use the Services that require a user to “sign in.”

(f) For purposes of this Section 9, persistent identifiers that can be used to recognize a user over time and across different websites or online services, such as a username is also considered personal information. Where the Site or Services collect a persistent identifier and no other personal information and such identifier is used for the sole purpose of providing support for the internal operations of the Site or the Service, no notice will be given.

Changes in our Privacy Policy

We reserve the right to modify this Privacy Policy at any time. If we decide to change our Privacy Policy, we will post those changes to this Privacy Policy and any other places we deem appropriate, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If we make material changes to this Privacy Policy, we will notify you here, by email, or by means of a notice on our home page, at least thirty (30) days prior to the implementation of the changes. Also, for the Terms page.

Data Protection Authority. If you are a resident of the European Economic Area (EEA) and believe we maintain your personal data subject to the General Data Protection Regulation (GDPR), you may direct questions or complaints to our lead supervisory authority, the UK’s Information Commissioner’s Office, as noted below:

www.ico.org.uk
Information Commissioner’s Office, Help Line: 0303 123 1113, +44 1625 545 700.
Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, United Kingdom