Privacy Policy

THE BREAKERS PALM BEACH, INC.

Last Updated: May 13, 2019


INTRODUCTION

The Breakers Palm Beach, Inc. and its affiliated companies, subsidiaries and properties (“The Breakers”) are committed to respecting the privacy and safeguarding the personal information about our guests, visitors to our websites and business partners. 

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 and online visitors. 

The Breakers’ Privacy Policy (“Privacy Policy”) explains our practices for handling the personal information you provide to us and that we collect from you when you visit The Breakers as our guest, enjoy our resort facilities, visit our websites (thebreakers.com, weddingsbythebreakers.combreakerswestclub.com and membershipsbythebreakers.com), or communicate with us in other ways, including by email and telephone (together, our “Services.”) 

The term “Personal Information” as used in our Privacy Policy refers to:

  • Information that identifies you directly such as your name, address and credit information
  • Information about your needs, preferences and interests—which helps us to serve you as our guest
  • Information collected when you visit our websites, such as your IP address, device ID, and data from cookies and similar technologies that may be identified with you

YOUR CONSENT TO OUR PRIVACY POLICY AND TERMS OF USE

This Privacy Policy is governed by the Terms of Use of our Services (“Terms of Use.”) Please read this Privacy Policy and the Terms of Use 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. 

PERSONAL INFORMATION IS PROCESSED 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. We will respond to requests you may have about your Personal Information as described below under the section titled MAKING REQUESTS ABOUT YOUR PERSONAL INFORMATION.

HOW AND WHAT PERSONAL INFORMATION WE COLLECT

Personal Information You Submit on our Websites, by Email, or by Telephone

When you make reservations with us, check reservations availability, or use or otherwise access our websites, applications, widgets, emails, or contact us by email or telephone, we may collect the following personal information when you provide it to us:

  • Name
  • Address
  • Email address
  • Phone number
  • Date of birth
  • Names, addresses, and ages of family members
  • Credit card information or electronic funds transfer information
  • Accommodation preferences, reason for your stay, promotional specials used
  • Dates of arrival and departure
  • Job title, profession and employer information (e.g., company name, employer address)
  • Additional personal information and comments you provide if you sign up for special offers; participate in marketing initiatives or surveys; inquire about group events, social events, or club membership; or inquire about our residential leasing program
  • From job applicants only: names, addresses, phone numbers, email addresses, bank account information, social security number, background check reports, criminal records, health information, and passport or driver’s license information

Personal Information We May Collect When You Visit The Breakers

During your visit and if you apply for a club membership, we may collect additional information, including:

  • Social security number or copies of your government-issued identification
  • Passport, or driver’s license, including photos
  • Date of birth
  • Records and reasons for your stays with us and use or purchase of our services and products
  • Your accommodation requirements, preferences and service issues
  • Names and ages of family members
  • Travel, hobbies and other interests
  • Activities and services you used while staying with us

Personal Information From Third Party Business Partners

We receive Personal Information from sources such as third-party business partners. For example, we use a third party business partner for secure credit card authorizations and payment as well as to collect information regarding donations requests. Additionally, we work with travel agents, business conference coordinators, luxury tourism associations, and wedding and other personal event planners in order to make our Services available to their customers and groups. We receive Personal Information from these business partners so that we can process their customers’ registrations and be apprised of their customers’ accommodation needs and preferences. We also may receive business contact and Personal Information from the agents and representatives who organize these group activities. With respect to applicants for employment and employees, we work with third parties to gather information from applicants and for on-boarding new hires, as well as to facilitate benefits. We are not responsible for how our third-party business partners collect, use, store, or otherwise process your Personal Information. However, once we receive your Personal Information, we will process it in accordance with this Privacy Policy.

Other Sources. We may obtain personal information from demographic, industry, and Website usage data from marketing resources and data analytics services. Some of this data is collected as described under the section titled “We Collect Your Personal Information Using Technology on our Websites.” Some of this data may not be personally identifiable. This Privacy Policy does not apply to information, which standing alone, cannot be used to determine your identity. However, if we link such non-personally identifiable information with your Personal Information in a manner that can be used to determine your identity, then this Privacy Policy will apply.

We Collect Your Personal Information Using Technology on our Websites

When you use our websites, we and third-parties we authorize use cookies and other internet technologies to collect and store information about you and your online activities. These technologies enable us to provide website features, process your requests, log your interactions with the websites, retain information about your preferences, and compile other information regarding your visits to our websites. The information collected using technology includes, without limitation, your geographic location, IP address, browser type, ISP, referral and exit pages, clickstream data, and information related to your device, such as hardware models and IDs, device type, operating system version, the request type, the content of your request, and basic usage information about your use of the websites, such as date and time. We may also collect and store information locally on your device using mechanisms, such as browser web storage and application data caches. We explain the purposes for which these data are used under the section titled “HOW WE USE PERSONAL INFORMATION.”

The technical methods used to collect and store users’ data, include, without limitation, sending cookies, web beacons, pixel tags, and other anonymous identifiers to your device. “Cookies” are pieces of data stored on your computer, mobile phone, or other device. A “web beacon” is a type of technology that lets us know if you visited a certain page or whether you opened an email. A “pixel tag” is a type of technology placed within a website or email for the purpose of tracking activity, which is often used in combination with cookies. Other “anonymous identifiers” are random strings of characters used for the same purposes as cookies, such as with mobile devices where cookie technology is not available. 

How You Can Restrict the Information Collected Using Technology  

There are browser and other controls you can use to restrict how these technologies are used to track and log your information and online activities. These include:

  • Managing the preference settings on your browser and device
  • Communicating directly with Google as explained at: policies.google.com/privacy 
  • Purchasing a utility from an independent software provider that you install on your computer browsers to limit tracking of your browsing activity
  • Visiting aboutads.info choices 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
  • Note that if you restrict the use of cookies and other technologies, you may not be able to use all the features of our websites
  • If you restrict interest-based advertising, you will still receive ads, but they will not be personalized based on your internet activities

HOW WE USE PERSONAL INFORMATION

We use your Personal Information for various lawful purposes as summarized below. Each of these purposes involves performance of a contract you enter into with The Breakers, furthering our legitimate business interests in building a long-term relationship with you, and/or other purposes that we disclose to you when we request your Personal Information.

Contact and Identification. We use your address, email address, phone number, date of birth, credit card information, and passport or other identification documents to:

  • Perform our contractual obligations to you, including providing you with any necessary notices, confirmations or communications regarding your stay, event, or other use of our services or products
  • Verify the information that you provide to us, including third-party verification of credit information
  • Respond to requests you make on our websites, by email or phone, and during your stay
  • Charge and bill for services or products
  • Protect the physical security and safety of the premises

Enhancing Your Stay. We use your name, your family members’ names and ages, and accommodation preferences to anticipate and fulfill your preferences and requirements, and to provide the accommodations and services for which we are known.

Long-term Relationship. To further our legitimate interest in building a long-term relationship, we may use your name, address, email address, phone number, travel history, employment, family information, hobbies, event attendance, IP address, 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. You are able to unsubscribe to these communications at any time by clicking “unsubscribe” in an email and/or contacting us as explained in the section titled “HOW TO OPT-OUT OF PROMOTIONAL EMAILS” below.

Website Analytics. We use analytics data collected using technologies, such as IP address logging to analyze the number of visits, repeat visits, location of origin, and other online browsing destinations to:

  • Analyze usage of our websites, the number of visits (including via IP address logging) 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)

Job Applications. For job applicants, we use your name, address, phone number, email address, bank account information, social security number, background check reports, criminal record, health information and government-issued identification to meet legal and regulatory requirements related to employment (e.g., payroll).

Residential and Membership Applications. For residential and membership applicants, we use your name, address, phone number, email address, bank account information, social security number, background check reports, criminal record, and government-issued identification to verify eligibility and security requirements related to residence and membership.

HOW WE DISCLOSE PERSONAL INFORMATION

We may disclose your Personal Information to our affiliated companies, third party service providers and others for legitimate business purposes as described below.

Affiliated companies. In the course of providing our Services, we disclose Personal Information to The Breakers’ affiliated companies, subsidiaries, properties, and our staff, agents, and representatives who work with us to deliver our Services. These companies and individuals are required to protect the Personal Information of our guests and others who use our Services and they are not permitted to use your Personal Information for any purpose other than to carry out their responsibilities on behalf of The Breakers.

Service Providers. We share information with third-party service providers 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, loyalty and donations programs, data center and other data storage, technology support services, human resources support services, email marketing services, e-commerce, contact management services, and maintenance and security. For some of these services, such as online payments and donations, you will be automatically re-directed from our websites (or sent a link) to the provider’s website where your information is processed. The Personal Information you submit to the service provider is then subject to the privacy practices of that provider. We take commercially reasonable measures to select service providers who demonstrate their commitment to protecting the Personal Information we entrust to them and who maintain privacy guidelines that are consistent with our Privacy Policy. 

Business Partners. In addition to receiving Personal Information from third-party business partners, we may also share Personal Information with 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. 

Data Analytics. While you visit our websites, information is passively collected about you and your online activities by data analytics companies including Google Analytics and other companies we authorize. These third parties do not have access to the Personal Information you submit to us voluntarily. These third parties provide statistical reports to us about usage of our websites and visitor demographics. They also use the data collected on our websites for their own business purposes. Google represents to us that it processes data for legitimate business analytics purposes without revealing any information that identifies you individually. See the subsection titled “How You Can Restrict the Information Collected Using Technology” above for information about controlling this activity.

Direct Marketing. Unless you instruct us not to, we will use your contact information to send you emails about our products and services.   We do not sell, exchange or disclose your Personal Information or protected health information for marketing purposes. If you want to unsubscribe from these communications, see the section titled “HOW TO OPT-OUT OF PROMOTIONAL EMAILS.”

Online Advertising. We may partner with a third party to manage our advertising on other websites. A third party will use technologies such as cookies to gather information about your activities on our websites and other websites in order to provide you advertising based upon your browsing activities and interests. You may use your browser settings and other tools to restrict interest-based ads, but may still continue to receive general ads. If you wish to unsubscribe from these communications, see the section titled “How You Can Restrict the Information Collected Using Technology.” 

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. 

De-identified Information. We may de-identify your Personal Information by removing or scrambling data components (such as your name, email address or linkable tracking ID) that make your Personal Information personally identifiable to you. De-identified information is not covered by this Privacy Policy.

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. 

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. 

HOW LONG WE KEEP PERSONAL INFORMATION 

We retain Personal Information as long as necessary to fulfill the purpose for which the information was collected and for our legitimate interest in maintaining a long-term relationship with our guests, unless otherwise required by law. We will hold Personal Information used for legal or regulatory purposes as required by applicable laws and regulations.

HOW TO OPT-OUT OF PROMOTIONAL EMAILS

We offer you the option to decline promotional email communications by following the directions included in such communications to unsubscribe. We may also mail, telephone, or contact you by other means to notify you of exclusive offers, promotions, events, and resort updates. You may also receive mailings or other communications from third-party service providers. If you wish to decline these email messages, you should contact us directly using the methods provided in the section titled “MAKING REQUESTS ABOUT YOUR PERSONAL INFORMATION” or “HOW TO CONTACT US.” 

THE BREAKERS IS NOT RESPONSIBLE FOR PERSONAL INFORMATION YOU PROVIDE TO THIRD PARTIES

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.

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 13. If we learn that we have inadvertently gathered Personal Information from a child under the age of 13, we will take reasonable measures to promptly remove that information from our records.

MAKING REQUESTS ABOUT YOUR PERSONAL INFORMATION

If you contact us for any of the reasons listed below, we will respond within any time period specified by applicable law and otherwise we will make a prompt and commercially reasonable effort to honor your request:

  • To opt out of receiving direct marketing communications from us
  • To ask us to correct Personal Information we have about you
  • To advise us about a concern regarding how we handle your Personal Information

If you would like to make a request about your Personal Information:

  • Go to thebreakers.com/datarequest and submit all requested information; or
  • Contact us using either method provided in the “HOW TO CONTACT US” section below

Please note that if you do not provide us with enough information, we may not be able to assist you with your request.  

SPECIAL NOTIFICATION FOR CALIFORNIA RESIDENTS – YOUR CALIFORNIA PRIVACY RIGHTS

Individuals who are residents of California and have provided their Personal Information to us may request information regarding our disclosures, if any, of their Personal Information to third parties for direct marketing purposes. Such requests must be submitted to us using the methods provided in the section titled “HOW TO CONTACT US.” 

Such requests must include the reference “Request for California Privacy Information” on the subject line and in the body of the message and must include the email address or mailing address, as applicable, for us to send our response. This request may be made no more than once per calendar year. We reserve the right not to respond to requests submitted other than to the address specified in this paragraph.

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:  

privacy.officer@thebreakers.com


AMENDMENTS TO THIS PRIVACY POLICY

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.