THE BREAKERS PALM BEACH, INC.
Last Updated: December 9, 2022
INTRODUCTION
The Breakers Palm Beach, Inc. and its affiliated companies, subsidiaries and properties (“The Breakers”) are committed to safeguarding and respecting the privacy of Personal Information that we maintain about our guests, members, retail customers, restaurant patrons and visitors on our websites (thebreakers.com, weddingsbythebreakers.com, johnwebstergolf.com, breakerswestclub.com, viaflagler.com and membershipsbythebreakers.com), or communicate with us in other ways, including by email and telephone (together, our “Services.”)
In this Privacy Policy, we use the words “The Breakers,” “us,” “our,” or “we” to refer to The Breakers, and “you” and “your” to refer to our guests, retail customers, restaurant patrons and online visitors.
The term “Personal Information,” as used in our Privacy Policy, means information that identifies, relates to, describes or is reasonably capable of being associated with you.
The Breakers’ Privacy Policy (“Privacy Policy”) explains our practices for handling the Personal Information that we maintain about you.
To help navigate the Privacy Policy, you can click on the links below to jump to a section.
- How and What Personal Information We Collect
- Why We Use Personal Information
- When and Why We Disclose Personal Information
- How Long We Keep Personal Information
- Making Requests About Your Personal Information & Unsubscribing
- How to Restrict Information Collected on our Website
- Third Party Sites
- Security Measures
- Information from Children
- California Privacy Rights
- Your Consent to the Privacy Policy & Terms of Use
- Processing in the United States
- Amendments to the Privacy Policy
- How to Contact Us
HOW AND WHAT PERSONAL INFORMATION WE COLLECT
Personal Information We May Collect When You Use Our Websites, Apply for Membership or Communicate with Us
When you or your agent contact us, make reservations, apply for membership, or access our websites and mobile application, we may collect the following types of Personal Information:
- Audio Information, such as:
- Audio recordings of your telephone conversation with our employees and call center staff for quality assurance and legal compliance
- Characteristics of Protected Classifications, such as:
- Gender, age, disability accommodations, or national origin
- Commercial Information, such as:
- Dates of stay or other Services, accommodation requirements or preferences, reason for your stay or visit, names of those who may be staying or using the Services, promotional specials selected
- Customer Records Information, such as:
- Travel history, purchase history with us, or medical information provided for allergy or disability accommodations
- Geolocation Data, such as:
- Physical location of your device via your IP address
- Identifiers, such as:
- Name, address, date of birth, e-mail address, phone number, unique cookie identifier or similar identifier, membership number, or Internet Protocol (“IP”) address
- Inferences, such as:
- Your interests and hobbies drawn from the other categories of Personal Information
- Internet Activity or Other Similar Network Activity, such as:
- Type of internet connection, the equipment used to access our website(s), mobile application or mobile application, usage information, browsing history, search history or information relating to your interaction with our website(s) through the use of “cookies,” beacons, pixel tags, mobile ad identifiers, or similar technologies
- Professional or Employment-Related Information, such as:
- Job title, profession, income and employer information (e.g., company name, company address) provided for a membership application, in connection with your reservations, use of our Services or an event
- Sensitive Information, such as:
- Payment information used for reservations, membership, or other purchases made through the Services, and driver’s license or other government identification used for identity verification and security purposes; other Sensitive Information such as personal, professional or business affiliations, race/ethnicity, sexual orientation, or religious beliefs are not actively collected through the Services, but you may be able to voluntarily provide such Sensitive Information in any content or communications that you upload or make available to The Breakers while using our Services
Personal Information We May Collect When You Visit The Breakers
When you stay with us, dine in our restaurants, or shop at our resort, we may collect the following types of Personal Information:
- Characteristics of Protected Classifications, such as:
- Gender, age, disability accommodations, or national origin
- Commercial Information, such as:
- Dates of stay or visit, hobbies, interests, records and reasons for your stays or visits with us, products and services you purchased or considered, accommodation requirements or preferences, service issues, promotions used, activities or services used while staying with or visiting us, events attended, names of those who may be staying or using the Services
- Customer Records Information, such as:
- Travel history, purchase history with us, or medical information used for allergy or disability accommodations, incident reports with respect to any injuries, crimes our other disturbances that occur on The Breakers property, customer complaints contained in our log book, information regarding your activity on property
- Identifiers, such as:
- Name, address, phone number, date of birth, membership number, or email address
- Inferences, such as:
- Your hobbies and interests drawn from the other categories of Personal Information collected
- Internet Activity or Other Similar Network Activity, such as:
- The devices or equipment used to access our Guest WiFi or other networks at a The Breakers location, usage information, browsing history, search history or information relating to your interaction while using our network through the use of “cookies,” beacons, pixel tags, mobile ad identifiers, or similar technologies
- Photographic and Video Information, such as:
- Digital photographs you provide as identification during mobile check-in and video recordings from security cameras located throughout the premises
- Professional or Employment-Related Information, such as:
- Job title, profession, income and employer information (e.g., company name, company address) provided for a membership application, in connection with your reservations, use of our Services or an event
- Sensitive Information, such as:
- Payment information used for reservations, membership, or other purchases made through the Services, and driver’s license or other government identification used for identity verification and security purposes; other Sensitive Information such as personal, professional or business affiliations, race/ethnicity, sexual orientation, or religious beliefs are not actively collected through the Services, but you may be able to voluntarily provide such Sensitive Information to us in any content or communications that you upload or make available to The Breakers while using our Services
You hereby acknowledge and agree that any Sensitive Information you voluntarily provide to The Breakers may be processed as necessary to provide the Services in accordance with your instructions.
Personal Information Collected by Business Partners and Service Providers
Business Partners/Your Agents. We receive Personal Information from business partners, such as your travel agents, luxury tourism associations, and business or personal event planners so that we can process their customers’ registrations, provide Services, and be apprised of their customers’ accommodation needs and other preferences related to our Services.
We are not responsible for how these third parties collect, use, store, or otherwise process your Personal Information. You should review their privacy policies and practices before disclosing your Personal Information to them. If you have any questions about how they use your information, you should review their policies and contact them directly. Once we receive your Personal Information, we will process it in accordance with this Privacy Policy.
Cookies on our Websites. When you visit our websites, information is passively collected about you and your online activities through the use of cookies and other automated tracking technologies by data analytics companies including Google Analytics and Meta. The Personal Information that is collected through these automated technologies can be found under the subsection titled “Personal Information We May Collect When You Use Our Websites or Communicate with Us.”
These analytics service providers deliver statistical reports to us about how you and other people use our websites and demographics about our website visitors in an aggregate format. This aggregated data is stored in a format that generally cannot be used to identify you, but to the extent any of this aggregated data reasonably could be combined with other data so that it can be associated with you, we will treat it as Personal Information. Our analytics service providers have represented to us that they use the data collected on our websites for a limited number of lawful purposes, such as improving their product and providing analytics or advertising for us. Google may transfer this information to third parties, if required by law or if third parties process the information on behalf of Google. An overview of Google’s data privacy practices for Google Analytics may be available here. For more information on Google’s privacy practices generally, please review Google’s privacy policy here. To opt-out of being tracked by Google Analytics, you may be able to download and install the Google Analytics Opt-out Browser Add-on here. These Google services also may cause you to receive personalized ads based on your browsing behavior. You may be able to opt-out of receiving these personalized ads by using the settings here. See the section titled “How to Restrict Information Collected on our Website” for information about choices you may have regarding this cookie-related activity.
Other Service Providers. We also receive information from other vendors. Specifically, we use guest engagement facilitators such as INTELITY to assist with mobile check-ins, call center management and customer service providers such as NAVIS to manage and operate our call center, and digital advertising vendors such as Cendyn to provide marketing services.
The Personal Information that we receive from INTELITY can be found under the subsection titled “Personal Information We May Collect When You Visit The Breakers.” For more information on how INTELITY handles any Personal Information it collects from you, please review their privacy policy here.
The Personal Information that we receive from NAVIS can be found under the subsection titled “Personal Information We May Collect When You Use Our Websites, Apply for Membership or Communicate with Us.” For more information with respect to how NAVIS may collect and handle Personal Information, please see the NAVIS privacy policy here.
We may also collect the following types of Personal Information from Cendyn in order to provide you with opportunities and information suited to your interests (for more information regarding how Cendyn handles any Personal Information it collects from you, please refer to Cendyn’s privacy policy here):
- Characteristics of Protected Classifications, such as:
- Gender, age, or national origin
- Commercial Information, such as:
- Hobbies, interests, and products and services you purchased or considered
- Customer Records Information, such as:
- Travel history or purchase history
- Identifiers, such as:
- Name, address, date of birth, e-mail address, or phone number
- Inferences, such as:
- Your interests and hobbies drawn from the other categories of Personal Information we collect
- Professional or Employment-Related Information, such as:
- Education level, job title, profession, income and employer information (e.g., company name, company address)
WHY WE USE PERSONAL INFORMATION
We only use or disclose your Personal Information, including your Sensitive Personal Information, as described in this Privacy Policy and as permitted or required by applicable law.
Services and Identification. We use Audio Information, Characteristics of Protected Classifications, Commercial Information, Customer Records Information, Identifiers, Photographic Information and Sensitive Information to:
- Perform our contractual obligations to you, including providing you with any requested Services, necessary notices, confirmations or communications regarding your stay, event, or other use of our Services
- Verify the information that you provide to us
- Respond to requests that you make
- Charge and bill for services or products
- Protect the physical security and safety of the premises
Enhancing Your Visit. We use Commercial Information, Customer Records Information, Identifiers and Inferences to anticipate and fulfill your preferences and requirements, and to provide the accommodations and services for which we are known.
Long-term Relationship. To help build a long-term relationship, we may use Characteristics of Protected Classifications, Commercial Information, Customer Records Information, Geolocation Data, Identifiers, Inferences, Internet Activity and Professional or Employment-Related Information to:
- Provide you with promotional materials suited to your interests; and
- Send you emails, digital newsletters, personalized offers or other communications about our products and services.
Optimizing Website and Mobile Interaction. We use Commercial Information, Customer Records Information, Geolocation Data, Identifiers, and Internet Activity to:
- Analyze usage of our websites, the number of visits from different locations, and your online browsing activities so that we better understand the interests and demographics of the visitors to our websites and improve performance and effectiveness
- Customize the content you see on our websites and deliver our advertisements to you when you visit other websites
- Monitor and control the use of our websites in order to protect the security and integrity of our Websites and Services
- De-identify and aggregate Personal Information about usage of our websites that we use or share for statistical or analytical purposes (note that de-identified data is not subject to this Privacy Policy)
Membership Applications. For club membership applicants, we use Characteristics of Protected Classifications, Commercial Information, Customer Records Information, Identifiers, Professional or Employment-Related Information and Sensitive Information to verify eligibility and security requirements related to membership.
WHEN AND WHY WE DISCLOSE PERSONAL INFORMATION
We do not sell your Personal Information, but we may disclose your Personal Information to our affiliated companies, service providers and others for legitimate business purposes as described below. When we disclose Personal Information to a vendor, we contractually obligate the recipient to maintain the confidentiality of any Personal Information and use any Personal Information only as required for performance of the contracted services.
For our guests who are California residents, please consult thebreakers.com/privacy-policy/ca for additional information regarding the handling of your Personal Information under California law.
In the preceding 12 months, we have disclosed the following categories of Personal Information for a business purpose, to the following categories of recipients:
Audio Information, Characteristics of Protected Classifications, Commercial Information, Customer Records Information, Geolocation Data Identifiers, Inferences, Internet Activity or Other Similar Network Activity, Photographic or Video Information, Professional or Employment-Related Information and Sensitive Information.
Vendors. We disclose information to vendors who provide support for our business operations. These may include payment processing, data and credit verification, hosted services such as those used to track questions and service requests and to process reservations and registrations for events, data storage, technology support services, marketing services, e-commerce, contact management services, and maintenance and security.
Business Partners. In addition to receiving Personal Information from business partners, we may also disclose Personal Information to travel agents or event coordinators in order to process the registrations or organize events, with transportation services to facilitate guest travel, or with activity, event or entertainment vendors for guest recreation.
Legal Process. We may disclose your Personal Information without notice to you in order to comply with applicable law, law enforcement agencies, or if ordered by a court or administrative agency.
Protection of Our Websites and Services. We may disclose Personal Information to third parties to enforce our Terms of Use, protect the rights and properties of The Breakers, or protect the rights and properties of our guests and users of our Services. For these purposes, we may disclose Personal Information to law enforcement, private companies assisting with fraud protection or investigation, and our professional advisors.
Business Transactions. Nothing in this Privacy Policy is intended to restrict our ability to engage in a business transaction for any lawful purpose without notice or compensation to you, such as a financing, reorganization, merger, or a sale or transfer of all or part of our business, equity, or assets. In order to prepare for or undertake such a transaction, we may disclose Personal Information to the transaction parties and their advisors if we have a legitimate interest in doing so and subject to appropriate confidentiality protections. We may also retain a copy of the information following the transaction.
HOW LONG WE KEEP PERSONAL INFORMATION
For each category of collected Personal Information, The Breakers retains collected information for a reasonable amount of time in order to fulfill the stated purpose for why the information was collected. The Breakers will also retain collected information connected to business records for periods of time required by law. If The Breakers determines that collected information is no longer needed, it will delete such information. The Breakers’ collection times will be consistent with applicable law. We strive to retain Personal Information only for so long as necessary to fulfill the purpose for which the information was collected. We delete Personal Information upon request, to the extent necessary in accordance with applicable law.
MAKING REQUESTS ABOUT YOUR PERSONAL INFORMATION & UNSUBSCRIBING
Please go to thebreakers.com/datarequest and submit all necessary information if you would like to:
- Request to opt out of receiving direct marketing communications from us or from our vendors on our behalf
- Ask us to correct Personal Information we have about you
- Advise us about a concern regarding your Personal Information
Please note that if you do not provide us with enough information, we may not be able to assist you with your request.
You can also unsubscribe from promotional email communications by following the directions included in such communications to unsubscribe.
HOW TO RESTRICT INFORMATION COLLECTED ON OUR WEBSITE
There may be settings on your computer, device, or browser and other controls you can use to seek restrictions with respect to how certain technologies are used to track and log information related to your online activities. These include:
- Managing the preference settings on your browser and device
- Communicating directly with Google as explained above
- Purchasing a utility from an independent software provider that you install on your computer browser to limit the tracking of your browsing activity
- Visiting the Digital Advertising Alliance website to learn more about personalized advertising and how to opt-out of personalized advertising on your web browser and mobile apps by companies participating in the Digital Advertising Alliance (another similar ad industry opt-out tool is available at the Network Advertising Initiative website)
Options you select using the tools or settings described above may be browser- and device-specific, and there is no guarantee that any opt-out tools or settings will prevent all targeted advertising. Note that if you restrict the use of cookies and other tracking technologies, you may not be able to use all the features of our Services. If you restrict interest-based advertising, you will still receive ads, but they will not be personalized based on your internet activity.
THIRD PARTY SITES
The Breakers is not responsible for Personal Information you provide to third parties, such as social media platforms or sites where you may be redirected for payment. Our websites include social media features, such as Instagram, Twitter, and Facebook Like buttons. These features may collect your IP address, which page you are visiting on our websites, and may set a cookie to enable the feature to function properly. The Breakers also maintains an online presence on these social media platforms.
When you interact with our pages on these social media platforms, including “Liking” our pages, sending us direct messages, or submitting other information, your information is subject to the data practices of these platforms. Your interactions with these features are governed by the privacy policy of the company providing the features. We are not responsible for the privacy policies and practices of any of these third parties. You should review the privacy policies and practices of such third parties prior to disclosing your Personal Information to them. If you have any questions about how these third parties use your information, you should review their policies and contact them directly.
SECURITY MEASURES
Protecting your Personal Information is important to us. We have implemented security measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. We limit access to your Personal Information to staff members and third parties who need such access in order to carry out their responsibilities on behalf of The Breakers. Those processing your information are subject to a duty of confidentiality. However, please be aware that methods of transmission and electronic storage are not completely secure. We cannot guarantee the security of your Personal Information, as third parties may unlawfully intercept or access transmissions or electronic storage. Therefore, you use our Services at your own risk and we do not guarantee the performance or adequacy of our security measures.
INFORMATION FROM CHILDREN
Our websites are intended to be used only by adults and are not directed to minors. If you are a minor, you may only access or use our websites under the supervision of a parent or legal guardian who agrees to be bound by the Privacy Policy and our Terms of Use. We do not knowingly collect Personal Information from children under the age of 16. If we learn that we have inadvertently gathered Personal Information from a child under the age of 16, we will take reasonable measures to promptly remove that information from our records.
SPECIAL NOTIFICATION FOR CALIFORNIA RESIDENTS – YOUR CALIFORNIA PRIVACY RIGHTS
The California Consumer Protection Act (“CCPA”) and California Privacy Rights Act (“CPRA”) affords California residents certain additional rights over their Personal Information. Information about these rights can be found in our Notice of Additional Privacy Rights for California Residents, available at thebreakers.com/privacy-policy/ca.
YOUR CONSENT TO THE PRIVACY POLICY AND TERMS OF USE
Please read this Privacy Policy and the Terms of Use of Our Services carefully before you access or use our Services. By visiting, using or submitting information to us through our Services or registering for our Services, you agree to the Terms of Use and the practices described in this Privacy Policy as posted online. If you do not want your Personal Information used or disclosed in the manner described in this Privacy Policy, then you should not use our Services.
PROCESSING IN THE UNITED STATES
The Breakers is located in the United States and follows the information and consumer protection laws of the United States and its individual states as applicable. If you reside or are located in a different country, the data protection laws of that country may differ as to how and what categories of Personal Information are protected by law and your individual rights with respect to certain Personal Information. We want you to understand that when you provide your Personal Information to us, or we obtain it through our websites, third parties, or other means, your information will be transferred to the United States. In allowing that, you are giving us your consent to process your information in the United States, in accordance with United States laws, and as explained in this Privacy Policy.
AMENDMENTS TO THE PRIVACY POLICY
Except as provided in the Notice of Additional Privacy Rights for California Residents, we reserve the right to update, amend, or change this Privacy Policy at any time in our sole discretion and without notice. Amendments will take effect immediately upon us posting the updated Privacy Policy on our websites. Your continued access and use of our Services following the posting of any changes will automatically be deemed your acceptance of all changes. This Privacy Policy replaces all previous notices or statements with respect to this subject, and cannot be modified orally by any of our representatives, employees or agents.
HOW TO CONTACT US
If you have questions or concerns about our privacy practices or wish to make a request regarding your Personal Information, please contact our Privacy Officer.
BY MAIL:
The Breakers
Attention: Privacy Officer
One South County Road, Palm Beach, FL 33480
BY EMAIL: