Privacy Policy

THE BREAKERS PALM BEACH, INC.

Last Updated: July 21, 2016

Welcome to The Breakers. The Breakers Palm Beach, Inc. and its affiliated companies, subsidiaries, and properties (collectively referred to as “The Breakers,” “us,” “our,” or “we”) are committed to providing the highest level of service for our guests and all users of our products and services (collectively referred to as “guests,” “you,” or “your”), which includes respecting your privacy and safeguarding the personal information that you provide to us.

 

This Privacy Policy (the “Privacy Policy”) governs our applications, various websites (including, without limitation, TheBreakers.comWeddingsByTheBreakers.com and 
MembershipsByTheBreakers.com and BreakersWestClub.com), widgets, email notifications, and other mediums, or portions of such mediums (collectively, our “Services”), through which you have accessed this Privacy Policy. Further, it sets forth our practices for collecting, using, storing, and disclosing your personally and non-personally identifiable information that you provide to us or that we collect from you in connection with the provision of our Services, such as your name, address, email address, phone number, date of birth, credit card information, and other information that is not otherwise publicly available, such as your accommodation preferences and usage of our Services (collectively, “Personal Information”). Please note that the examples listed in this Privacy Policy are illustrations, and are not all-inclusive.

 

The words “The Breakers,” “us,” “our” and “we” do not include any third-party service providers (even if related to our business) who may provide your Personal Information to us or who may collect your Personal Information while you are our guest. For instance, while we may protect the Personal Information that we collect about you from a travel agent, we are not responsible for your travel agent’s collection, use, storage, or disclosure of your Personal Information. This Privacy Policy does not apply to information collected by us where a separate privacy policy applies or to non-personally identifiable 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.

 

TERMS & CONDITIONS OF USE

This Privacy Policy is governed by the Terms & Conditions of Use of our Services (“Terms & Conditions of Use”). Please read this Privacy Policy and the Terms & Conditions of Use prior to accessing or using our Services. By accessing or using our Services, you agree to the Terms & Conditions of Use and the practices described in this Privacy Policy. 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 or provide us with your Personal Information.

 

HOW WE COLLECT PERSONAL INFORMATION

We collect Personal Information when you:

  1. Access or use any of our Services;
  2. Make a reservation for, pay for, access, or use our products or services.
  3. Register for any Services, programs, or other products or services that we offer, including, without limitation, registration with our Services to facilitate your online transactions;
  4. Communicate with us regarding our Services;
  5. Participate in any of our marketing initiatives; or
  6. Communicate or share information with us or other users, such as by participating in message boards or posting public comments. You expressly acknowledge and agree that we may access in real-time, record, and store archives of these communications and comments on our servers to make use of them in connection with our Services.

 

Third Parties Provide Your Information to Us

We may collect Personal Information from sources other than you, such as other users, our third-party services providers, and other business partners.

 

We May Collect Your Personal Information Using Technology

When you use our Services, we and third-party service providers acting on our behalf may use technology to collect and store information about you, including, 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 our Services, 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 and third-party service providers acting on our behalf may collect and store such information through a variety of technical methods, including, 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. These technologies help us provide you with features, products, and services based on your preferences, understand when you are interacting with our Services, and compile other information regarding your use of our Services.

We do not control the use of the forgoing technologies or the resulting information. We are not responsible for any actions or policies of any third-party service provider, including any third-party service provider that controls such technologies. To the extent that the information collected using such technologies is non-personally identifiable information, we may use or disclose such information for any purpose.

Please note that, in most cases, you may remove or block cookies (such as by using the settings in your browser), but doing so may affect your ability to use our Services.

 

HOW WE USE PERSONAL INFORMATION

We may use your Personal Information for various lawful business purposes. Among others, these purposes may include, without limitation, using your Personal Information to:

  1. Provide you with and charge you for products and services that you request from us or a third party with whom we have a business relationship;
  2. Respond to your requests;
  3. Contact you to verify the information that you provide to us;
  4. Understand and anticipate your needs and preferences;
  5. Ensure our Services are of interest to you and help us better understand your use of our Services;
  6. Protect the security and integrity of our Services;
  7. Conduct internal reviews of our Services and other products and services that we provide;
  8. Develop, enhance, and market our Services and other products and services that we provide;
  9. Provide you with personalized information and offers;
  10. Manage our business and operations;
  11. Assist with the planning of meetings and events;
  12. Process credit applications;
  13. Meet legal and regulatory requirements; and
  14. Provide any necessary notices to you.

 

HOW WE DISCLOSE PERSONAL INFORMATION

We will disclose your Personal Information to third parties only in the ways described in this Privacy Policy.

We may disclose your Personal Information:

  1. To our affiliated companies, subsidiaries, and properties and their management, employees, agents, and representatives involved in delivering our Services and other products and services to you. 
  2. To our third-party vendors so that they may provide support for our internal and business operations (“Our Vendors”), including, without limitation, for data processing, data verification, data storage, surveys, research, internal marketing, delivery of promotional and marketing materials, and our Services’ maintenance and security. Subject to the “Aggregation and De-Personalization” section below, under no circumstances may our third-party service providers use your Personal Information other than in connection with providing services to us to make our Services or other products and services more useful and efficient.
  3. To a person or entity who, in our reasonable judgment, is authorized to seek information as an agent of a guest. For example, a travel agent confirming a reservation on behalf of the guest.
  4. To our agents to evaluate a guest’s credit worthiness or in order to process payment or collect on a guest’s account.
  5. To fulfill the purpose for which you provide it.
  6. For any other purpose disclosed by us when you provide your Personal Information to us.
  7. With your consent.
  8. If required by law, rule, or regulation, or if ordered by a court or administrative agency.
  9. As we deem necessary, in our sole discretion, if we believe that you are violating this Privacy Policy or our Terms & Conditions of Use, or are otherwise interfering with another’s rights or property, including, without limitation, our rights or property.
  10. If requested by authorities in the event of any act or instance of local, regional, or national emergency.
  11. In connection with a business transfer (as described in the section titled “Business Transfers” below).

 

Disclosures to Our Vendors

We will take commercially reasonable efforts to ensure that all of Our Vendors agree to protect your Personal Information in accordance with privacy guidelines that are at least as strict as the privacy guidelines set forth in this Privacy Policy.

 

Aggregation and De-Personalization

We may take your Personal Information and de-identify it either by combining it with information about other individuals (aggregating your Personal Information with information about other individuals), or by removing characteristics (such as your name) that make your Personal Information personally identifiable to you (de-identifying Your Information). We may share, loan, rent, sell, or otherwise disclose such information to third parties at any time, for any lawful purpose, without notice or compensation to you.

 

Circumvention of Security Measures

Protecting your Personal Information is important to us. As a result, we have implemented industry-standard security measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. 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. In the event that an unauthorized third party compromises our security measures, we will not be responsible for any damages, directly or indirectly, caused by an unauthorized third party’s ability to view, use, or disseminate your Personal Information.

 

User Contributions

You may provide information (including, without limitation, messages and other content) to be published, posted, submitted, transmitted, or displayed (collectively, “posted”) on or through our Services to other users or third parties (collectively, “User Contributions”). Your User Contributions are posted on our Services at your own risk. We cannot control the actions of other users of our Services with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

 

Business Transfers

We specifically and expressly reserve the right to disclose, lease, sell, assign, or transfer your Personal Information to a buyer or other successor in the event of a sale, acquisition, merger, consolidation, reorganization, bankruptcy, dissolution, or other corporate change involving our business, even if such event is only being contemplated and regardless of whether such event relates to a part or the whole of our business.  Nothing in this Privacy Policy is intended to interfere with our ability to transfer all or part of our business, equity, or assets to an affiliate or independent third party at any time, for any lawful purpose, without notice or compensation to you.

 

PROMOTIONAL INFORMATION

We may mail, email, 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. We offer you the option to decline any or all of these communications by following the directions included in such communications, such as by following unsubscribe links, or by contacting us directly.

 

Information that You Disclose to Third Parties

Our Services may contain advertisements from third-party advertising servers, advertising agencies, technology vendors, research firms, and other service providers, which are companies other than The Breakers that may link to their own websites, online services, or mobile applications. We are not responsible for the privacy policies and other practices of such third parties. Any information that you disclose to third parties will be subject to the privacy policies and practices of such third parties. You should review the privacy policies and practices of such third parties prior to disclosing 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.

 

Operations of Our Services in the United States

Our Services are operated in the United States. Your Personal Information may be processed by us in the country where it is collected as well as other countries (including, without limitation, the United States) where laws regarding processing of your Personal Information may be less stringent than the laws in your country.

 

Children’s Information

Our online Services 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 online Services under the supervision of a parent or legal guardian who agrees to be bound by the Privacy Policy and our Terms & Conditions of Use. We do not knowingly collect personally identifiable 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.

 

CHANGING PERSONAL INFORMATION

To the extent required by applicable law, you may request that we inform you about the Personal Information we maintain about you, and where appropriate, request that we update, correct, or suppress Personal Information about you that we maintain in our active database. We will make all required updates and changes within the time specified by applicable law, and where permitted under applicable law, may charge an appropriate fee to cover the costs of responding to such request. Please remember, if you make such a request, we may not be able to provide you with the same quality and variety of products and services to which you are accustomed. Please direct your requests to the address and person listed below under the section titled “How to Contact Us” below.

 

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 Services. We encourage you to periodically check our Privacy Policy for changes, as 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 at privacy.officer@thebreakers.com or by writing us at:

The Breakers
Attention: Privacy Officer/Internal Audit
One South County Road
Palm Beach, FL 33480
Privacy Officer Fax Number: (561) 653-6659

 

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 at privacy.officer@thebreakers.com or in writing at:

The Breakers
Attention: Privacy Officer/Internal Audit
One South County Road
Palm Beach, FL 33480
Privacy Officer Fax Number: (561) 653-6659

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.