16. California Consumer Privacy Policy
This California Consumer Privacy Policy section (“California Privacy Policy”) applies solely to individuals, visitors, users, and others who are residents of the State of California (“consumers” or “you”) and describes our policies and practices regarding the collection, use, and disclosure of personal information we collect about you, including personal information you submit or we obtain when you access or use the Site or the Services or through other channels. This section does not apply to personal information we collect about you as a job applicant to, an employee of, owner of, director of, officer of, or contractor of the Company. This section also does not apply to personal information we collect about you as an employee, owner, director, officer, or contractor of a company, partnership, sole proprietorship, non-profit, or government agency when your communications or transactions with the Company occur solely within the context of the Company conducting due diligence regarding, or providing or receiving a product or service to or from, such company, partnership, sole proprietorship, non-profit, or government agency.
This California Privacy Policy is adopted to comply with the California Consumer Privacy Act (“CCPA”). Any terms defined within the CCPA have the same meaning when utilizing within this California Privacy Policy. Please read this carefully.
Changes to this California Privacy Policy. By using the Sites and the Services, you signify your acceptance of the terms of this California Privacy Policy. If you do not agree to this California Privacy Policy, please do not use the Sites or Services. We reserve the right to change this California Privacy Policy at any time. Changes will be effective immediately upon posting to the Site and will apply to your use of the Site and the Services and the Company’s practices concerning personal information after the “Effective Date” listed above. Your use of the Services or Sites following these changes means that you accept the revised California Privacy Policy.
Personal Information That We Collect. This notice describes the categories of personal information (“PI”) we collect, have collected, or will collect through the Sites or in the course of our business, including providing Services, in the preceding 12 months and the purposes for which such PI may be used.
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- Category of Personal Information Collected: Identifiers and Contact information.Examples: A real name, alias, postal address, unique personal identifier, online identifier, internet protocol address, email address, account name, driver’s license number, passport number, or other similar identifiers.Purposes Personal Information is Used:
- To inform you about Services you request
- To authorize access to our Sites and Services
- To provide you with Services and products
- To offer and administer loyalty programs
- To administer content, promotions, sweepstakes, surveys, voting polls or other Site features
- To communicate about and administer your participation in special programs and offers, surveys, and to deliver pertinent emails
- For our business purposes
- To improve our customer service
- To respond to and support users regarding use of the Sites and Services
- To comply with applicable legal requirements
- To investigate fraud or other violations
- For our research and development efforts
- To provide you or permit select third parties to provide you with information about events, products and offers
- For advertising
- Category of Personal Information Collected: Other ElementsExamples: Examples include name, signature, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, employment, bank account number, credit card number, debit card number, or any other financial information.Purposes Personal Information is Used:
- To inform you about Services you request
- To authorize access to our Sites and Services
- To provide you with Services and products
- To offer and administer loyalty programs
- To administer content, promotions, sweepstakes, surveys, voting polls or other Site features
- To communicate about and administer your participation in special programs and offers, surveys, and to deliver pertinent emails
- For our business purposes
- To improve our customer service
- To respond to and support users regarding use of the Sites and Services
- To comply with applicable legal requirements
- To investigate fraud or other violations
- For our research and development efforts
- To provide you or permit select third parties to provide you with information about events, products and offers
- For advertising
Category of Personal Information Collected: Characteristics of protected classifications under California or federal law.
Examples: Age (40 years or older), color, citizenship, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions, veteran or military status
Purposes Personal Information is Used:
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- To inform you about Services you request
- To provide you with Services and products
- To respond to and support users regarding use of the Sites and Services
- To comply with applicable legal requirements
- Category of Personal Information Collected: Commercial informationExamples: Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendenciesPurposes Personal Information is Used:
- To inform you about Services you request
- To authorize access to our Sites and Services
- To provide you with Services and products
- To offer and administer loyalty programs
- To administer content, promotions, sweepstakes, surveys, voting polls or other Site features
- To communicate about and administer your participation in special programs and offers, surveys, and to deliver pertinent emails
- For our business purposes
- To improve our customer service
- To respond to and support users regarding use of the Sites and Services
- To comply with applicable legal requirements
- To investigate fraud or other violations
- For our research and development efforts
- To provide you or permit select third parties to provide you with information about events, products and offers
- For advertising
- Category of Personal Information Collected: Internet or other electronic network activity.Examples: Examples include browsing history, search history, a consumer’s interaction with an internet website, application, or advertisement.Purposes Personal Information is Used:
- To inform you about Services you request
- To authorize access to our Sites and Services
- To provide you with Services and products
- To offer and administer loyalty programs
- To administer content, promotions, sweepstakes, surveys, voting polls or other Site features
- To communicate about and administer your participation in special programs and offers, surveys, and to deliver pertinent emails
- For our business purposes
- To improve our customer service
- To respond to and support users regarding use of the Sites and Services
- To comply with applicable legal requirements
- To investigate fraud or other violations
- For our research and development efforts
- To provide you or permit select third parties to provide you with information about events, products and offers
- For advertising
Category of Personal Information Collected: Geolocation data
Examples: Physical location or movements (geo-fencing)
Purposes Personal Information is Used:
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- To inform you about Services you request
- To authorize access to our Sites and Services
- To provide you with Services and products
- To offer and administer loyalty programs
- To administer content, promotions, sweepstakes, surveys, voting polls or other Site features
- To communicate about and administer your participation in special programs and offers, surveys, and to deliver pertinent emails
- For our business purposes
- To improve our customer service
- To respond to and support users regarding use of the Sites and Services
- To comply with applicable legal requirements
- To investigate fraud or other violations
- For our research and development efforts
- To provide you or permit select third parties to provide you with information about events, products and offers
- For advertising
- Category of Personal Information Collected: Audio, electronic, visual, thermal, olfactory, or similar informationExamples: Video surveillancePurposes Personal Information is Used:
- To authorize access to our Sites and Services
- For our business purposes
- To improve our customer service
- To respond to and support users regarding use of the Sites and Services
- To comply with applicable legal requirements
- To investigate fraud or other violations
- Category of Personal Information Collected: Consumer profile or inferences drawn from other personal information.Examples: Inferences drawn from any of the information identified above to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudesPurposes Personal Information is Used:
- To administer content, promotions, sweepstakes, surveys, voting polls or other Site features
- To communicate about and administer your participation in special programs and offers, surveys, and to deliver pertinent emails
- For our business purposes
- To improve our customer service
- For our research and development efforts
- To provide you or permit select third parties to provide you with information about events, products and offers
- For advertising
The Company may add to the categories of PI it collects and the purposes it uses PI. In that case, the Company will inform you by posting an updated version of this California Privacy Policy on the Site.
Exclusions from Personal Information. PI does not include:
- Publicly available information from government records.
- Deidentified or aggregated consumer information.
- Information excluded from the CCPA’s scope, like certain health or medical information and other categories of information protected by different laws.
How We Collect Personal Information. The above categories of PI are or were collected from the following categories of sources. We may collect and you may provide PI online via the Sites, and offline through channels other than the Sites, including via your use of the Services.
Information Obtained from You
- When you submit or provide non-electronic registration information or documents, speak with us by phone, or send an email.
- When you make online reservations, participate in membership or loyalty programs, contests, sweepstakes, or marketing programs, subscribe to our newsletters, emails, special offers, request proposals or sign up for events.
- When you contact us with a question or concern, or to report a problem.
- When you use site-specific mobile applications or internet-connected devices available in our properties, such as a smart home assistant.
Information You Give to Our Business Partners
- We may also collect your PI from associated hotel brands, resorts and hospitality companies. For example, a hotel company may share with us your personal data and other data used for making a reservation at a hotel property owned or managed by us to fulfill and complete your reservation and/or provide Services.
- We may collect your PI from companies with whom we partner to provide you with goods, services or offers related to your stays at properties owned or managed by us or that we believe might interest you (“Strategic Business Partners”). Examples of Strategic Business Partners include on-property outlets, travel booking platforms and tour companies.
Information Obtained from Your Use of the Sites
- When you utilize Site interactive and social features to submit content and communicate with other users, you may provide PI to us. Please note that your postings in these areas of the Sites may be publicly accessible or accessible to other users.
- When you upload documents or complete forms on the Site, we may collect the information contained in those documents/forms.
Information Obtained from Cookies and Similar Technologies
We and our partners use various technologies to collect and store information when you visit or use one of our Sites or Services, and this may include using cookies or similar technologies to identify your browser or device. We also use these technologies to collect and store information when you interact with services from our partners, such as advertising services. Our third-party advertising and analytics partners include Google and similar partners. You can learn about Google’s practices and opt out of them by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.
The technologies we use for this automatic data collection may include:
- Cookies. A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Sites or Services. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Sites. If you do not want information collected through the use of cookies, you may wish to refer to https://www.allaboutcookies.org/manage-cookies/index.html. If, however, you do not accept our cookies, you may experience some inconvenience in your use of the Sites and Services. Please read our Cookie Policy.
- Web Beacons. Pages of our Sites or our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
- Clickstream Data. Clickstream data is information collected by our computers when you request Web pages from the Sites. Clickstream data may include information such as the page served, the time spent viewing the page, source of the request, type of browser making the request, the preceding page viewed and similar information. Clickstream data permits us to analyze how visitors arrive at the Sites, what type of content is popular, what type of visitors in the aggregate are interested in particular kinds of content on the Sites.
- Embedded Content and Social Media Widgets. The Site contains embedded content (e.g., videos) and Social Media Widgets (e.g., Instagram, Twitter). Embedded content may place third-party cookies on your device that track your online activity to enhance your experience or assess the success of their application. Social Media Widgets allow us to integrate social media functions into the Site. These widgets may place third-party cookies on your device for tracking and advertising purposes. We have no direct control over the information these cookies collect and you should refer to their website privacy policy for additional information.
IMPORTANT: By using the Site, you consent to the processing of any PI for the analytics purposes and functions described above.
How We Share the Personal Information that We Collect.
Please see the above chart for the categories of PI collected and the business or commercial purposes for which they were collected.
The above categories of PI are shared with the following categories of third parties:
- Hotel, Resort and Hospitality Companies. We disclose PI and other data to hotel, resort and hospitality companies for the purposes described in this Privacy Policy, including to facilitate your stay at properties owned or managed by us, to administer loyalty programs, and to accomplish our business purposes.
- Strategic Business Partners. We disclose PI and other data with select Strategic Business Partners who provide goods, services and offers that enhance your experience at properties owned or managed by us or that we believe will be of interest to you. By sharing data with these Strategic Business Partners, we are able to make personalized services and unique travel experiences available to you. For example, this sharing enables spa, restaurant, health club, concierge and other outlets at properties owned or managed by us to provide you with services. This sharing also enables us to provide you with a single source for purchasing packages that include travel-related services, such as airline tickets, rental cars and vacation packages.
- For External Processing. We provide PI to our affiliates, trusted businesses or partners, or vendors to process it for us based on our instructions and in compliance with our Privacy Policy and any other appropriate confidentiality and security measures. For example, we may use or disclose this information with these third parties for external processing as follows:
- With your consent or as you direct;
- To manage the Site;
- To process payments and requests for products and services;
- To provide you with products, services, or offers;
- To coordinate your participation in our loyalty reward or similar programs;
- To engage in marketing activities, such as sharing personal information with our partners to deliver advertisements to our shared customers;
- To enhance our services by, among other methods, obtaining assistance with providing more personalized services to you through analytics and other technologies;
- To protect our interests and legal rights, such as through responding to subpoenas and defending litigation; and
- To protect against and prevent fraud, illegal activity (such as identifying and responding to incidents of hacking or misuse of our websites and mobile applications), and claims and other liabilities.
We do not share PI with third parties for their own marketing purposes.
- For Legal Reasons. We will share PI with companies, organizations or individuals outside of the Company if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:
- demonstrate our relationship with you.
- meet any applicable law, regulation, legal process or enforceable governmental request.
- enforce applicable Terms of Use, including investigation of potential violations.
- detect, prevent, or otherwise address fraud, security or technical issues.
- protect against harm to the rights, property or safety of the Company, our users or the public as required or permitted by law.
We attempt to notify users about legal demands for their PI when appropriate in our judgment, unless prohibited by law or court order or when the request is an emergency. We may dispute such demands when we believe, in our discretion, that the requests are overbroad, vague or lack proper authority, but we do not promise to challenge every demand.
- Business Transfers. If we establish a new related entity, are acquired by or merged with another organization, or if substantially all of our assets are transferred to another organization, PI about our users is often a transferred business asset. In the event that the Company itself or substantially all of our assets are acquired, PI about our users may be one of the transferred assets.
- Aggregate Site Use Information. We may share aggregate or anonymized/pseudonymized information with third parties in order to promote or describe use of the Sites, for research, marketing, advertising, or similar purposes.
We do not sell your PI as defined in the CCPA.
The Company has disclosed for a business purpose the following categories of PI in the preceding 12 months:
- Identifiers
- Other elements
- Characteristics of protected classifications under California or federal law
- Commercial information
- Internet or other electronic network activity
- Geolocation data
- Audio, electronic, visual, thermal, olfactory, or similar information
- Consumer profile or inferences drawn from other personal information
California Consumer Rights. Pursuant to the CCPA, and as detailed below, consumers have various rights with respect to their PI.
Right to Request Deletion. You have the right to request that the Company delete your PI from the Company’s records and direct any service providers to delete your PI from their records, subject to certain exceptions.
Upon receipt of a verifiable consumer request, the Company will delete and direct any service providers to delete your PI from its records.
The Company is not required to comply with your request to delete your PI if it is necessary for the Company (or its service provider) to maintain your PI in order to:
- Complete the transaction for which the PI was collected, provide a good or service requested by you, or reasonably anticipated within the context of the Company’s ongoing business relationship with you, or otherwise perform a contract between the Company and you.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity.
- Debug to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code.
- To enable solely internal uses that are reasonably aligned with your expectations based on your relationship with the Company.
- Comply with a legal obligation.
- Otherwise use your PI, internally, in a lawful manner that is compatible with the context in which you provided the information.
Right to Request Information. You have the right to request the Company disclose the following to you as it relates to the 12-month period preceding the Company’s receipt of your verifiable consumer request:
- The categories of PI the Company has collected about you.
- The categories of sources from which the PI is collected.
- The business or commercial purpose for collecting or selling PI.
- The categories of third parties with whom the Company shares PI.
- The specific pieces of PI the Company has collected about you.
Upon receipt of a verifiable consumer request, the Company will provide a response to your request for information.
Right to Request Information as to Sale or Disclosure for Business Purpose. We do not sell your PI as defined in the CCPA. If in the future, we anticipate selling your PI as defined in the CCPA, we will provide you with the opt-out and opt-in rights as required by the CCPA. You have the right to request that the Company disclose the following to you as it relates to the 12-month period preceding the Company’s receipt of your verifiable consumer request:
- The categories of PI that the Company collected about you.
- The categories of PI that the Company sold about you and the categories of third parties to whom the PI was sold, by category or categories of PI for each category of third-party parties to whom the PI was sold. Please note that we do not sell your PI.
- The categories of PI that the Company disclosed about you for a business purpose.
- Upon receipt of a verifiable consumer request, the Company will provide a response to your request for information as to sale or disclosure for business purpose.
Nondiscrimination. We will not discriminate against you in violation of the CCPA for exercising any of your CCPA rights. For example, we generally will not provide you with a different level or quality of goods or services if you exercise your rights under the CCPA. However, in certain instances we may be unable to provide the service requested (e.g., if you decline to provide your hotel rewards number, we will be unable to credit your stay to your rewards account.)
Submitting California Consumer Rights Requests. To submit any of the California Consumer Rights requests as outlined in this California Privacy Policy, please contact us via our third-party hotel management company, Davidson Hotel Company LLC, at (844) 823-2381 or davidsonhotelsdsr.ethicspoint.com. We reserve the right to only respond to verifiable consumer requests. A verifiable consumer request is one made by any individual who is:
- the consumer who is the subject of the request,
- a consumer on behalf of the consumer’s minor child, or
- by a natural person or person registered with the Secretary of State authorized to act on behalf of a consumer.
If the Company requests, you must provide us with sufficient information to verify your identity and/or authority to act on behalf of a Consumer. Additionally, you will need to describe your request with sufficient detail to allow us to review, understand, assess, and respond. PI collected from an individual to determine whether a request is a verifiable consumer request may not be used for any other purpose. We reserve the right to charge a fee to process or respond to your request if it is excessive, repetitive, or manifestly unfounded. If we determine that a request warrants a fee, we will attempt to notify you as to why we made that decision and provide a cost estimate before completing your request. We will attempt to respond to a verifiable consumer request within forty-five (45) days of receipt, but we may require up to ninety (90) days to respond, under which circumstances we will notify you of the need for an extension.
Other California Privacy Rights (California’s “Shine the Light” Law).
California residents are entitled to contact us to request information about whether we have disclosed personal information to third parties for the third parties’ direct marketing purposes. We do not disclose personal information to third parties for the third parties’ direct marketing purposes. California users may request further information about our compliance with this law by contacting us in accordance with the “Submitting California Consumer Rights Requests” section of this California Privacy Policy.
California Residents Under the Age of 18. If you are a California resident under the age of 18 and a registered user of any Site where this policy is posted, California law permits you to request and obtain removal of certain content or information you have publicly posted. You may submit your request using the contact information in the “How to Contact Us” section below. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested.
