Your Privacy Matters: Our Commitment to You

Effective Date: July 1, 2023

Happy Hour Lessee LLC d/b/a Margaritaville Hollywood Beach Resort and its subsidiaries and affiliated companies are committed to protecting the privacy of certain data that is collected about you. This Privacy Policy describes our policies and practices regarding the collection, use, and disclosure of personal data or personal information, as defined by applicable law (“personal data”), that we collect about you, including personal data you submit or we obtain when you access or use this website or websites, apps, or other online media under our operation and control, or through HTML-formatted email messages that we send to you that link to this Privacy Policy (collectively, the “Site”), as well as certain other personal data relating to you that we collect when you make a reservation, stay as a guest at a Company property, attend events at a Company property or events hosted by us, use on-property services, such as concierge and meeting services, or visit on-property outlets, such as restaurants and spas (collectively, the “Services”). This Privacy Policy applies to information collected by the Company, its subsidiaries and affiliated companies, and its third-party hotel management company, Davidson Hotel Company LLC (collectively referred to in this Privacy Policy as the “Company”, “we”, “us” or “our”).

Our Privacy Policy explains: (1) what information we collect; (2) why we collect it; (3) how we use that information; (4) how we may share it; and (5) the choices we offer, including how to access and update information. Specifically, our Privacy Policy covers the following topics:

When This Privacy Policy Applies

• Terms of Use
• Information We Collect
• How We Use Information We Collect
• Information We Share
• Your Failure to Provide Personal Data
• Our Retention of Your Personal Data
• Your Choices and Accessing, Updating or Deleting Your Personal Data
• Third Party Links
• International Transfer
• How We Protect Personal Data
• Children
• "Do Not Track" Signals
• Changes to this Privacy Policy
• Applicable Law
• California Consumer Privacy Policy
• European Users’ Privacy Rights
• How to Contact Us

Please familiarize yourself with our privacy practices and let us know if you have any questions.  By using the Sites and the Services, you signify your acceptance of this Privacy Policy. If you do not agree to this Privacy Policy, please do not use the Sites or Services. Irrespective of which country you live in, you authorize us to transfer, store, and use your information in the United States, and any other country where we operate. In some of these countries, the privacy and data protection laws and rules regarding when government authorities may access data may vary from those in the country where you live. Learn more about our data transfer operations in the "International Transfer" section below. If you do not agree to the transfer, storage and use of your information in the United States, and any other country where we operate, please do not use the Sites or Services. If you provide personal data about other people (for example, you make a reservation for another individual), you represent that you have the authority to do so and you permit us to use the data in accordance with this Privacy Policy.

If you have any questions or comments about this Privacy Policy, please submit a request to privacy@davidsonhotels.com.

Our Privacy Policy applies to the Sites under the Company’s operation and control and to the Services offered by the Company, but excludes websites, apps, other online media and services that have separate privacy policies that do not incorporate this Privacy Policy.

We are not responsible for data collection, data use practices, privacy policies or the use of cookies or tracking technologies on hotel brand websites or other non-Company websites that you may access from this Site or that have directed or connected you to this Site.

If you are a California consumer, as defined by the California Consumer Privacy Act (CCPA), please also see the section below regarding your California Privacy Rights. If you are located in the EU, please see the section below on EU specific rights.

By accessing or using the Sites in any manner, you also agree to be bound by the Company’s Terms of Use (the "Agreement"). Please read the Agreement carefully. If you do not accept all of the terms and conditions contained in or incorporated by reference into the Agreement, please do not use the Sites.

We collect information, including personal data, to provide better Services to all our users.  We use the term "personal data" to refer to any information that identifies or can be used to identify you. Common examples of personal data include: full name, home address, email address, date of birth, digital identity, such as a login name or handle, information about your device, payment data, and certain metadata.

The Company may collect and use sensitive personal data relating to special accommodation requests, such as a request for an ADA accessible guest room. Otherwise, the Company does not intentionally collect or use sensitive personal data and asks that you do not provide sensitive personal data to us.

TYPES OF PERSONAL INFORMATION WE MAY COLLECT

We may collect or you may provide the following personal data in connection with your use of the Sites or Services:

• personal or work contact information, including your name, your employer’s name, billing address, email address, and phone number
• personal characteristics, such as gender, date of birth, title, and nationality
• passport number and date and place of issue
• travel history, booking, stay or purchase history 
• payment information, such as your payment card number, authentication information, expiration date, and card verification value ("CVV") and other billing and account details associated with your payment card
• guest preferences
• marketing and communication preferences
• sensitive personal data relating to special accommodation requests
• reviews and opinions
• frequent flyer or similar membership program number and related information
• information provided on membership and account applications
• user name and/or password when you create or use a user account
• information about your use of the Sites and Services
• Statistical Data. To monitor utilization of the Site and continuously improve its quality, we may compile statistical information concerning the usage of the Site using analytics services, such as those provide by Google Analytics. Examples of this information would include: the number of visitors to the Site, or to sections or pages within the Site, patterns of traffic flowing through the Site, length of time spent on the Site, or in sections or pages of the Site, the other sites that refer visitors to the Site, the pages of the Site that visitors frequently use as entry and exit points, utilization of the browser and operating systems and versions used by visitors to the Site. The analytics services may transfer this information to third parties in case of a legal obligation or if a third party processes data on behalf of that service. To compile this information, we may collect and store:
• Your city and/or country which you are located
• Your operating system version
• Your browser version
• The pages you visit within the Site
• The length of time you spend on pages within the Site
• The site from which you linked to ours
• Search terms you used in search engines which resulted in you linking to the Site, etc.

While all of this information can be associated with the IP address your computer had while you visited the Site, it will not be associated with you as an individual, or associated with any other information you may submit through the Site, or that we may store about you for any other purposes.

HOW WE MAY COLLECT PERSONAL INFORMATION

We may collect and you may provide personal data in the following ways.  We may collect and you may provide your personal data 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 personal data 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 personal data 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 personal data 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 http://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 e-mails 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 personal data for the analytics purposes and functions described above.

We use your personal data in ways that are compatible with the purposes for which it was collected or authorized by you, including for the following business or commercial purposes:

1. To inform you about Services you request, including:
2. To facilitate reservations, payment, send administrative information, confirmations or pre-arrival messages
3. To complete your reservation and stay, for example, to process your payment, ensure that your room is available and provide you with related customer service
4. To respond to your inquiries and to fulfill your requests
5. To support our electronic receipt program
6. To manage our contractual relationship with you
7. To contact you with respect to any billing inquires
8. To personalize your experience on the Sites and with the Services by presenting products and offers tailored to you
9. To facilitate social sharing functionality
10. To authorize access to our Sites and Services;
11. To provide you with Services and products, including to customize your experience according to your personal preferences and to present offers tailored to your personal preferences;
12. To offer and administer customer loyalty and other programs;
13. To administer content, promotions, sweepstakes, surveys, voting polls or other Site features;
14. To communicate about, and administer your participation in, special programs and offers, as well as periodic customer satisfaction, market research and quality assurance surveys, and to deliver pertinent emails;
15. For our business purposes such as payment processing and financial account management; product/service development; contract management; IT and website administration and security; fulfillment; analytics; fraud prevention; corporate governance; reporting and legal compliance;  data analysis; audits; identifying usage trends; determining the effectiveness of our promotional campaigns; and operating and expanding our business activities;
16. To improve our customer service;
17. To respond to and support users regarding their use of the Sites and Services;
18. To comply with all applicable legal requirements;
19. To investigate possible fraud or other violations of our Terms of Use or this Privacy Policy and/or attempts to harm our users.
20. For our research and development efforts.  We may use data, including public feedback, to conduct research and for the development of the Site and the Services and products we provide to you.
21. To provide you, or permit selected third parties to provide you, with information about events, products and services we offer.
22. For advertising.  We may show you ads on the Site using data from advertising technologies on the Site such as web beacons, pixels, ad tags, cookies, device identifiers; or information from advertising partners.

We do not share personal data with companies, organizations and individuals outside of our organization unless one of the following circumstances applies:

• Hotel, Resort and Hospitality Companies. We disclose personal data 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 personal data 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 personal information 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 personal data with third parties for their own marketing purposes.

• For Legal Reasons. We will share personal data 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 personal data 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, personal data about our users is often a transferred business asset. In the event that the Company itself or substantially all of our assets are acquired, personal data about our users may be one of the transferred assets.
• Aggregate Site Use Information. We may share aggregate or anonymized/pseudonymized personal data with third parties in order to promote or describe use of the Sites, for research, marketing, advertising, or similar purposes.

Your provision of personal data is required in order to use certain parts of our Services, Sites and our programs. If you fail to provide such personal data, you may not be able to access and use our Services, Sites and/or our programs, or parts of our Services, Sites and/or our programs.

We may retain your personal data for a period of time consistent with the original purpose for collection. For example, we keep your personal data for no longer than reasonably necessary for your use of our programs and Services and for a reasonable period of time afterward. We also may retain your personal data during the period of time needed for us to pursue our legitimate business interests, conduct audits, comply with our legal obligations, resolve disputes and enforce our agreements.

If you choose to close your account, we generally delete closed account information within 30 days of account closure, except as noted below. We retain your personal data even after you have closed your account if reasonably necessary to comply with our legal obligations (including law enforcement requests), for other legitimate business purposes, meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse, enforce our Terms of Use, or fulfill your request to "unsubscribe" from further messages from us. We will retain de-personalized information after your account has been closed.

Whenever you use our Sites and Services, we aim to provide you with choices about how we use your personal data. We also aim to provide you with access to your personal data. If that information is wrong, we strive to give you ways to update it quickly or to delete it – unless we have to keep that information for legitimate business or legal purposes. To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to the information. In addition, if you believe that personal data we maintain about you is inaccurate, subject to applicable law, you may have the right to request that we correct or amend the information by contacting us as indicated in the “How to Contact Us” section below.

Our Unsubscribe Policy

By providing an email address on the Sites or in connection with the Services, you agree that we may contact you in the event of a change in this Privacy Policy, to provide you with any service related notices, or to provide you with information about events, invitations, or related information from the Company, our subsidiaries and affiliated companies, hotel, resort and hospitality companies with whom we do business, and our Strategic Business Partners.  For purposes of this Privacy Policy, "opt-in" is generally defined as any affirmative action by a user to submit or receive information, as the case may be.

We currently provide the following unsubscribe opportunities:

1. At any time, you can follow a link provided in offers, newsletters or other email messages (except for e-commerce confirmation or service notice emails) received from us to unsubscribe from the service.
2. At any time, you can contact us in accordance with the "How To Contact Us" section provided below to unsubscribe from the service and opt-out of our right per your consent under the terms of this Privacy Policy to share your personal data.

Notwithstanding anything else in this Privacy Policy, please note that we always reserve the right to contact you in the event of a change in this Privacy Policy, or to provide you with any service related notices.

The Sites may contain links to websites operated by parties other than the Company, including websites operated by hotel, resort and hospitality companies and our Strategic Business Partners. We do not control such websites and are not responsible for their contents, privacy policies or other practices. Our inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Site or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. These websites and services may have their own privacy policies, which you will be subject to upon linking to the third party's website. The Company strongly recommends that you review the third party's terms and policies.

Links to Third Party Integrations. We may provide links to third party integrations. Third party integrations are websites or platforms that synchronize with our Sites or Services to provide you with additional functionality, tools, or services such as directions, collecting resumes, sharing documents or videos, or sending announcements.

You acknowledge and agree we are not responsible for the availability of such sites or resources and do not endorse and are not responsible or liable for any content, advertising, goods, services or other materials on, available through, or provided by such sites or resources.

We are not responsible for the privacy or other practices of such sites and cannot guarantee the security of any of your personal information that you provide or is collected by such sites.  We encourage you to review the privacy policies and terms and conditions on those linked sites.

We are committed to complying with applicable laws, regulations, and mandatory government standards regarding the protection of personal data.

Personal data and any additional information submitted may be used globally in connection with employment, business processes within the Company, or communicating with our clients. Therefore, personal data may be transferred to other Company entities worldwide, where it will be processed in accordance with this Privacy Policy and laws that are applicable in each country. Countries where we process data may have laws which are different, and potentially not as protective, as the laws of your own country.

The Company maintains reasonable administrative, technical and physical safeguards designed to protect the user's personal data and information against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. We implement appropriate technical and organizational measures that seek to ensure a level of security appropriate to the risk, taking into account technological reality, cost, the scope, context and purposes of processing weighted against the severity and likelihood that the processing could threaten individual rights and freedoms. For example, we use commercially reasonable security measures such as encryption, firewalls, and Secure Socket Layer software (SSL) or hypertext transfer protocol secure (HTTPS) to protect personal data.

If the Company collects account information for payment or credit, the Company will use the information only to complete the task for which the account information was offered.

Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that the security of your account has been compromised, please notify us immediately in accordance with the "How to Contact Us" section, below.

The Sites are not intended for use by children. We do not intentionally gather personal data about visitors who are under the age of 18. If a child has provided us with personal data, a parent or guardian of that child may contact us to have the information deleted from our records. If you believe that we might have any information from a child under age 18, please contact us in accordance with the "How to Contact Us" section. If we learn that we have inadvertently collected the personal data of a child under 18, or equivalent minimum age depending on jurisdiction, we will take steps to delete the information as soon as possible.

The Company Sites do not respond to Do Not Track (DNT) signals.  The Company does track its users in order to provide targeted advertising to users about our Services.

By using the Sites and the Services, you signify your acceptance of the terms of this Privacy Policy. If you do not agree to this Privacy Policy, please do not use the Sites or Services. We reserve the right to change this 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 Privacy Policy.

Our Privacy Policy is governed by the internal substantive laws of the State of Georgia USA without regard to its conflict of laws principles. Jurisdiction for any claims arising under or out of this Privacy Policy will lie exclusively with the state and federal courts within DeKalb County, Georgia USA.  If any provision of this Privacy Policy is found to be invalid by a court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this Privacy Policy, which will remain in full force and effect.

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.

 

Categories of Personal Information Collected	Examples	Purposes Personal Information is Used
Identifiers and Contact information.	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.	·       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
Other elements.	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.	·       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
Characteristics of protected classifications under California or federal law.	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	·       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
Commercial information	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies	·       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
Internet or other electronic network activity.	Examples include browsing history, search history, a consumer’s interaction with an internet website, application, or advertisement.	·       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
Geolocation data	Physical location or movements (geo-fencing)	·       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
Audio, electronic, visual, thermal, olfactory, or similar information	Video surveillance	·       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
Consumer profile or inferences drawn from other personal information.	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 aptitudes	·       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

o   When you submit or provide non-electronic registration information or documents, speak with us by phone, or send an email.

o   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.

o   When you contact us with a question or concern, or to report a problem.

o   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

o   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.

o   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

o   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.

o   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.

Some data protection laws, including the European Union's General Data Protection Regulation ("GDPR"), provide you with certain rights in connection with personal data we have collected or you have shared with us. We attempt to process your personal data in accordance with applicable law. In addition to the information provided above, residents of the European Economic Area should be aware of the following.

• Legal basis for processing your personal data. Whenever we collect personal data from you, we may do so on the following legal bases:

1. We may collect and process your personal data where you have given us consent to do so. In addition, we will request your explicit consent before we process any special category personal data about you. You may withdraw your consent at any time by contacting us in accordance with the “How to Contact Us” section below;
2. We may collect and process your personal data where it is necessary to perform a contract with you including supplying/providing products or services; and
3. We may collect and process your personal data where it is necessary for us to pursue our legitimate interests as a business, or those of a third party, for the following purposes:

• Intra-organization transfers of client data for administrative purposes;
• Product development and enhancement, where the processing enables the Company to enhance, modify, personalize, or otherwise improve our Services and communications for the benefit of our users, and to better understand how people interact with our Sites;
• Communications and marketing, including processing data for direct marketing purposes, and subject to your opt-in for these purposes, and to determine the effectiveness of our promotional campaigns and advertising;
• Fraud detection and prevention;
• Enhancement of our cybersecurity, including improving the security of our network and information systems; and
• General business operations and diligence.

Provided that, in each circumstance, we will weigh the necessity of our processing for the purpose against your privacy and confidentiality interests, including taking into account your reasonable expectations, the impact of processing, and any safeguards which are or could be put in place. In all circumstances, we will limit such processing for our legitimate business interest to what is necessary for its purposes.

• Additional Rights. If you are resident in the European Economic Area, you may have the following additional rights relating to your personal data, subject to certain limitations:

1. The right to be informed. You are entitled to be informed of the use of your personal data. This Privacy Policy provides that information to you.
2. The right of access. You have the right to request a copy of your personal data which we hold about you.
3. The right of correction: You have the right to request correction or changes of your personal data if it is found to be inaccurate or out of date.
4. The right to restrict processing. You have the right to restrict processing of your personal data where you believe it is unlawful for us to process it, you require us to keep it in connection with legal proceedings, or pending an investigation where you have objected to the processing of your personal data.
5. The right to be forgotten: You have the right to request us, at any time, to delete your personal data from our servers and to erase your personal data when it is no longer necessary for us to retain such data. Note, however, that deletion of your personal data will likely impact your ability to use our Services.
6. The right to object (opt-out): You have the right to opt-out of certain uses of your personal data, such as direct marketing, at any time.
7. The right to data portability: You have the right to a "portable" copy of your personal data that you have submitted to us. Generally, this means your right to request that we move, copy or transmit your personal data stored on our servers / IT environment to another service provider's servers / IT environment.
8. The right to refuse to be subjected to automated decision making, including profiling: You have the right not to be subject to a decision and insist on human intervention if the decision is based on automated processing and produces a legal effect or a similarly significant effect on you.
9. The right to lodge a complaint with a supervisory authority.

Please note that these rights may not apply to individuals residing outside the EEA. To make a request related to your rights, you may contact us using the contact information below.

The Transfer or Storage of Your Personal Data.

The personal data that we collect from you may be transferred to countries outside the European Economic Area (“EEA”). This may include where any of our servers or those of our third party service providers are located in a country outside of the EEA or it is processed by our staff or the staff of our third party service provider operating outside the EEA. These countries may not have similar data protection laws to the country in which you reside. If we transfer your personal data outside of the EEA we will take steps to ensure that appropriate security measures are taken with the aim of ensuring that your privacy rights continue to be protected in accordance with this Policy. These steps may include imposing appropriate contractual obligations on the recipient of your personal data. If you are located in the EEA, you understand and consent to having your personal data processed outside of the EEA, including in the United States.

If you have any specific questions about this Privacy Policy, you can contact us via our third-party hotel management company, Davidson Hotel Company LLC, as follows:

Send e-mail to:  privacy@davidsonhotels.com

Send mail to:

Davidson Hotel Company LLC, Management Agent

One Ravinia Drive

Suite 1600

Atlanta, GA 30346 USA

ATTN: General Counsel, Privacy Policy Inquiry

Effective Date: July 1, 2023

 

Welcome to the Pebblebrook Hotel Trust doing business as Happy Hour Lessee LLC d/b/a Margaritaville Hollywood Beach Resort (“Happy Hour Lessee LLC d/b/a Margaritaville Hollywood Beach Resort”, “we” or “us”) website,

https://www.margaritavillehollywoodbeachresort.com/, and other Happy Hour Lessee LLC d/b/a Margaritaville Hollywood Beach Resort-related sites, apps, communications, capabilities and services (“Services”) accessible on or by any top-level domain owned or used by us (the “Website”). Please read these Terms carefully. By using the Website, you (“User” or “you”) are agreeing to these Terms and to the conditions and notices set forth below (collectively, the “Agreement”). By accessing or using this Website in any manner, you agree that (1) you have read and familiarized yourself with this Agreement, (2) you understand the Agreement, and (3) you are bound by the Agreement in your use of the Website. You are entering into this Agreement with us. If you do not accept all of the terms and conditions contained in or incorporated by reference into this Agreement, please do not use the Website.

Modification of These Terms of Use

 

We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and such changes will be effective immediately upon posting. Your continued access or use of the Website signifies your acceptance of the updated or modified Agreement. Unless otherwise indicated, any new material added to the Website will also be subject to the Agreement. Be sure to return to this page periodically to review the most current version of the Agreement.

Additional terms, conditions, rules and restrictions may apply to services, promotions, reservations, purchases, transactions and other activities conducted on or through the Website. You agree to comply with this Agreement and with any additional terms, conditions, rules and restrictions when applicable. You understand that your failure to comply may result in consequences such as cancellation of your reservations or other transactions, and additional fees and penalties being charged to you.

Who Can Use the Website

 

The Website is not intended to be used by persons under the age of 18 years old. If you are under the age of 18 years old, please do not use the Website or any of the services offered by us. If you are submitting information for a business entity, by doing so, you represent that you have the authority to bind that business entity to the Agreement. We may, in our sole and absolute discretion, refuse to allow use of the Website or accept a person’s or entity’s information and may, at any time, refuse to permit a person’s, or entity’s, continuing use of the Website for any reason or for no reason, in our sole discretion.

User Conduct and Obligations

 

The content and information on the Website (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material) (collectively, the “Content”), as well as the infrastructure used to provide such Content, is proprietary to us or third parties. Without our prior written permission, you may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify our trademarks or other proprietary information in any way. You agree to follow all applicable laws and regulations when using the Website. You may not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. Additionally, you agree not to:

1. Provide false or misleading information about yourself to us, impersonate any other person, or otherwise attempt to mislead others about your identity or the origin of any Content, message or other communication;

2. Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe any party for any services if you are not expressly authorized by such party to do so;

3. Collect information about other visitors to the website without their consent or otherwise systematically extract data or data fields, including without limitation any financial data or email addresses;

4. Probe, scan, test the vulnerability of or breach the authentication measures of the Website or any related web pages, networks or systems;

5. Use any robot, spider, scraper, deep link or other automated or manual means to access the Website, or copy and/or redistribute any Content, information or software on the Website;

6. Manipulate or otherwise display the Website by using framing, creating deep-links to the Website by bypassing the Website’s home page, mirroring or similar navigational technology or directly link to any portion of the Website other than the main home page;

7. Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Website;

8. Input or upload to the Website any information that contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Website or information or that infringes the intellectual property rights of another;

9. Use or access the Website in any way that, in our sole judgment, adversely affects the performance or function of the Website or interferes with the ability of authorized parties to access the Website, including but not limited to any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; and

10. Engage in, perform or conduct any of the prohibited actions or activities identified below under “Reviews, Comments and Use of Other Interactive Areas.”

 

Intellectual Property

 

Except for public domain material, the Website is protected by intellectual property laws, including U.S. copyright laws. You are hereby granted a non-exclusive license to use the Content at the Website while connected to the Website (including, where available, to email individual Content to others directly from this site). You are also granted a limited license to print one copy of any Content posted at the Website, but only for your personal use. Except as expressly provided above, all other rights are reserved. Among other things, except to the extent required for the limited purpose of reviewing material on the Website, electronic reproduction, adaptation, distribution, performance or display is prohibited. Commercial use of any of the Content is strictly prohibited. Use of any of our trademarks and any trademarks licensed to us, such as metatags on other web sites, also is strictly prohibited. You may not display the Website in frames (or any of the Content via in-line links) without our express written permission, which may be requested by contacting us at privacy@davidsonhotels.com.

Electronic Communications

 

When you visit the Website or send or accept electronic messages through the Website, you are communicating with us electronically, and as a result, you consent to receive communications from us electronically. We may communicate with you by email or other authorized form of electronic message or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in the Agreement. You have a right to withdraw your consent to receive electronic communications at any time, and may request a paper version of any electronic communication. You acknowledge that such withdrawal of consent will prohibit you from accessing and using core functionalities of the Website. You further acknowledge that we reserve the right to charge you a reasonable fee for the production and mailing of paper versions of electronic communications, unless charging a fee is prohibited by applicable law. To request a paper copy of an electronic communication, write us at privacy@davidsonhotels.com.

If our hardware or software requirements change, we will post to the Website notice of the revised hardware or software requirements. Continuing to use the Website after receiving notice of the changes to the Website is reaffirmation of your consent.

We are not responsible or liable for communication errors, failures or other malfunctions, or lost, stolen or misdirected transactions, transmissions, messages or entries, or for the security of any such communications.

 

Access to Invoice and/or Payment Information

 

By use of any of the Website features containing invoice and/or payment information you certify that you represent each and every company whose data is shown to you, and that you have been duly authorized by said companies to view invoice and/or payment information for each and every company via the Website. We reserve the right to require a signed letterhead or other written authorized document from any and all companies for which you request access before allowing access to any company’s invoice and/or payment information. If you should find that you have access to data that you are not authorized to use or view, then you are required to contact us immediately to have said account(s) removed from your account list. Failure to do so may result in denial of access to the Website.

 

Reviews, Comments and Use of Other Interactive Areas

 

Please be aware that by submitting any message, data, information, text, music, sound, photos, graphics, code or any other Content to the Website by electronic mail, postings on the Website, or other social network platforms operated by us, including any questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you are certifying that you are the rightful owner or licensee of the Submission and you grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that we may choose to provide attribution of your comments or reviews at our discretion. You further grant us the right to pursue at law any person or entity that violates your or our rights in the Submissions by a breach of the Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary.

The Website and other social network platforms may contain discussion forums, bulletin boards, reviews or other means in which you or third parties may post Content, messages, materials or other items on the Website (“Interactive Areas”). If we provide such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Website any of the following:

1. Any Submission that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

2. Submissions that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;

3. Submissions that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

4. Submissions that impersonate any person or entity or otherwise misrepresents your affiliation with a person or entity, including the website;

5. Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;

6. Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;

7. Viruses, corrupted data or other harmful, disruptive or destructive files;

8. Any Submission that is unrelated to the topic of the Interactive Area(s) in which such Submission is posted; or

9. Submissions or links to Content that, in the sole judgment of our website, (a) violates the previous subsections herein, (b) is objectionable, (c) restricts or inhibits any other person from using or enjoying the Interactive Areas or the Website, or (d) exposes or could expose our website or its customers to any harm or liability of any type.

We take no responsibility and assumes no liability for any Submissions posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. We are not liable for any statements, representations or Submission provided by its Users in any public forum, personal home page or other Interactive Area. Although we have no obligation to screen, edit or monitor any of the Submissions posted to or distributed through any Interactive Area, we reserve the right, and have absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Website at any time and for any reason.

If it is determined that you retain moral rights (including rights of attribution or integrity) in Submissions, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Submission, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Submission by us or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Submission; and (d) you forever release us, and its licensees, successors and assigns, from any claims that you could otherwise assert against any of them by virtue of any such moral rights.

Any violation of the foregoing violates the Agreement and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Website. See “Termination”, below.

Digital Millennium Copyright Act Notice

 

We respect the intellectual property rights of others. We may, in appropriate circumstances and at our sole discretion, terminate the access of Users who infringe the copyrights or intellectual property rights of others.

If you believe your work has been copied and is accessible at the Website, or other social network platforms operated by us, in a way that constitutes copyright infringement, or that the Website contains links or other references to another online location that contains material or activity that infringes your copyright, you may notify us by providing our copyright agent the information required by the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act. Our agent for notice of claims of copyright infringement on or regarding the Website can be reached by mail: Davidson Hotel Company LLC, One Ravinia Drive, Suite 1600, Atlanta, GA 30346, USA, Attention: General Counsel, Copyright Inquiry; or by telephone: 678-349-0909, Attention: General Counsel.

Your notice must satisfy the requirements of the DMCA and include the following information: 
(i) Your name, mailing address, and email address; 
(ii) A statement identifying the copyrighted material you claim is infringed, such as a URL linking to an authorized version of the copyrighted material; 
(iii) A statement identifying where the allegedly infringing material is located, such as URL linking to the allegedly infringing material; 
(iv) A statement that you have a good faith belief that the allegedly infringing material identified in section (ii), above, is not authorized by the copyright owner, its agent, or the law; 
(v) A statement, made under penalty of perjury, that the information in this notice is accurate and that you are the owner of the copyrighted material or are authorized to act on behalf of the owner of the copyrighted material; and 
(vi) An electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

Our Privacy Policy

 

Our Privacy Policy governs the use of information collected from or provided by you through the Website. With respect to any individual whose personal information is provided by you to our website, you represent to us that you have obtained all necessary consents for the processing of such personal information contemplated by the services you are using, including the transfer of such data to the United States or other countries whose laws may not provide the same level of protection for the personal data as the laws of the country of origin of such individual.

We are concerned about privacy issues. Please click here to review our current Privacy Policy, which also governs your use of the Website and all other websites, pages, accounts and other electronic media owned or controlled by us, to understand our practices.

 

Security

 

Registered Users are responsible for the protection of their account numbers, customer name, and password associated with Internet access to all Website and Interactive Areas. In the event of any unauthorized access to your account, you must immediately notify us; however, we are not responsible or liable for damage of any kind as a result of any unauthorized access. To protect yourself from unauthorized access to your account information, we highly recommend that you change your password frequently and do not share your password with anyone.

Limitation of Liability

 

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR ITS AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, LOST DATA, BUSINESS INTERRUPTION OR ATTORNEYS’ FEES) ARISING OUT OF YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE WEBSITE, ITS FEATURES OR CONTENT, OR THE HOTE’S SERVICES, WHETHER THE ALLEGED LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE HOTEL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

Disclaimer of Warranties

 

YOU AGREE THAT YOU USE THE WEBSITE AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THE WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THE WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY THE HOTEL. THE WEBSITE AND ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THE WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM US, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE AND THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THE WEBSITE, INCLUDING ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

 

Indemnification

You agree to defend and indemnify the hotel and each of its subsidiaries, affiliates, directors, officers, agents, representatives, licensors, owners, partners, investors, employees, successors and assigns from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including but not limited to reasonable legal and accounting fees, arising from:

1. Your breach of this Agreement;

2. Your violation of any law or the rights of a third party; or

3. Your use of this Website.

You and each of your successors, assigns, subsidiaries and affiliates, hereby unconditionally release and forever discharge the hotel and each of its subsidiaries, affiliates, directors, officers, agents, representatives, licensors, owners, partners, investors, employees, successors and assigns harmless from any and all complaints, claims, charges, damages, demands, suits, actions and causes of action, whether at law or in equity (including attorneys’ fees, costs and expenses), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the Website.

 

Termination

 

You agree that the hotel, in its sole discretion, may terminate or suspend your use or access to the Website, Interactive Areas, Submissions, Content, information, and services at any time and for any or no reason, in its sole discretion, and without prior notification, even if access and use continues to be allowed to others. Upon such suspension or termination, you must immediately (a) discontinue use of the Website, and (b) destroy any copies you have made of any portion of Submissions. Accessing the Website, Interactive Areas, Submissions, Content, information, and services after such termination, suspension or discontinuation shall constitute an act of trespass. Further, you agree that the hotel shall not be liable to you or any third party for any termination or suspension of your access to the Website, Interactive Areas, Content, information, and services.

Third Parties

 

The Website may contain links to websites, pages, accounts or other electronic media owned or controlled by parties other than the hotel. Such links are provided for your reference and convenience only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Website or other websites) is free of such items as viruses, worms, Trojan horses, defects and other items of a destructive nature. Our inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. In some cases you may be asked by a third party site to link your profile on our website to a profile on another third party site. Choosing to do so is purely optional, and the decision to allow this information to be linked can be disabled (with the third party site) at any time.

Copyright and Trademark Notices

 

All trademarks, trade names, logos, images, typefaces, graphics, service marks and trade dress displayed on the Sites (collectively, the “Marks”) are the property of the hotel or its licensors, content providers or other third parties. Nothing in these Terms of Use or on the Sites shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Mark without the prior written consent of the hotel or the owner of the Mark. In addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of the hotel or its licensors, content providers or other third parties and may not be copied, imitated or used, in whole or in part, without the prior written permission of the hotel or the owner thereof. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship or recommendation thereof by the hotel.

If you are aware of an infringement of either your brand or our brand, please let us know by contacting us via mail or email. See “How to Contact Us,” below.

General

 

You agree to use the Website in strict compliance with all applicable laws, rules, rulings and regulations and in a fashion that does not, in the sole judgment of the hotel, negatively reflect on the goodwill or reputation of the hotel and shall take no actions that would cause us to be in violation of any laws, rules, rulings or regulations applicable to us. The Hotel and the Website are based in the United States. The Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, USA without reference to the principles of conflicts of law of that state or any other jurisdiction. You hereby consent to the exclusive jurisdiction and venue of the courts of the State of Georgia or the courts of the United States located in DeKalb County, Georgia, and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of the Website. You agree that all claims you may have against us arising from or relating to the Website must be heard and resolved in a court of competent subject matter jurisdiction located in the State of Georgia within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of the Agreement, including, without limitation, this paragraph. If any part of the Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in the Agreement shall continue in full force and effect.

The Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and the hotel with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the User and the hotel with respect to the Website. You further agree that our affiliates and our hotel management company, Davidson Hotel Company LLC d/b/a Pivot Hotels & Resorts, are intended third party beneficiaries of all provisions of this Agreement including, without limitation, the “Limitation of Liability”, “Disclaimer of Warranties”, and “Indemnification” provisions hereof. A printed version of the Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

How to Contact Us

 

If you have any questions or comments about the Agreement, or your dealings with the Website, please contact us by email sent to privacy@davidsonhotels.com or by mail at Davidson Hotel Company LLC, One Ravinia Drive, Suite 1600, Atlanta, GA 30346, USA, Attention: General Counsel, Website Inquiry.