TradeWinds Resort Terms of Use and Privacy Policy

TERMS OF USE

These terms and conditions ("Terms of Service") govern your access to and use of TradeWinds Resorts' ("TradeWinds Resort”) products, software, services, and website (collectively "Services"), and any and all information, text, graphics, photos or other materials uploaded, downloaded, or appearing on the Services (collectively Content"). By accessing and using the Services, you are agreeing to be bound by these Terms of Service. If you do not agree to be bound by these Terms of Service, you are not allowed to use the Services. Wherever used in these Terms of Service, "you", "your" or similar terms mean the person or legal entity utilizing or accessing the Services.

TradeWinds Resort may update and change the Terms of Service from time to time without notice. Continued use of the Service after any such changes shall constitute your consent to such changes. You are responsible for regularly reviewing the most current version of the Terms of Use and Privacy Policy.

Use and Restrictions

TradeWinds Resort and its service providers use personal information to operate the sites, provide services, and to inform our customers of new features, services, and products. TradeWinds Resort may also carefully select other companies to send our customers information about their products or services (a “Secondary Use”).  Personal information about an individual could include that individual’s name, address, email, phone number, age, sex, marital status, race, nationality, religion or other similar information (“Personal Information”).

This website may disclose Personal Information to a third party or otherwise only if required to do so by law or in the good-faith belief that such action is necessary to (a) comply with applicable law or with legal process served on TradeWinds Resort or the site; (b) protect and defend the rights or property of TradeWinds Resort or this site; and (c) act under exigent circumstances to protect the personal safety of users of TradeWinds Resort, the site, or the public.

If at any time a customer believes that this website has not adhered to these principles, please notify TradeWinds Resort via the form provided on our website found at the “Contact Us” link and we will use all commercially reasonable efforts to promptly determine and correct the problem. TradeWinds Resort website may be linked to Internet sites operated by other companies. TradeWinds Resort is not responsible for the privacy practices of websites operated by third parties that are linked to its site, or for the privacy practices of third-party companies. Once a customer has left TradeWinds Resort’s website via such a link, that customer should check the applicable privacy policy of the third-party site to determine how they will handle any Personal Information they collect from you. TRADEWINDS RESORT SHALL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE AND/OR THIS AGREEMENT WHETHER BASED IN CONTRACT, TORT, STRICT LIABILTY, OR OTHERWISE. WITHOUT LIMITATION TO THE FOREGOING, TRADEWINDS RESORT, ITS AFFILIATES AND EMPLOYEES, SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR CLAIM OF ANY NATURE, ARISING FROM THEFT OR UNAUTHORIZED USE BY A THIRD PARTY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION (PII) AS DEFINED BY NIST SPECIAL PUBLICATION 800-122, BY REASON OF ANY CAUSE INCLUDING ITS NEGLIGENCE OR GROSS NEGLIGENCE. 

You may only use the Services to: (a) access Content on TradeWinds Resorts' website; and (b) access, manage and obtain information about your accounts with third-party service providers in accordance with these Terms of Service and any terms specified by the third-party service providers.

You may not access or search or attempt to access or search the Services by any means (automated or otherwise) except through TradeWinds Resorts’ currently available interfaces.

You may not use the Services for any illegal or unauthorized purpose, including in any way that violates copyright or other laws.

You may not use the Services in a way that is detrimental to the operation of the Services or the access to or use of the Services by anyone else. This restriction applies to any use that interferes or attempts to interfere with the normal operations of the Services, including by hacking, deleting, augmenting or altering the Services or any Content.

You may not, without TradeWinds Resorts’ prior written permission (including the permissions granted by these Terms of Service): (a) copy, distribute (including by framing any of the Services on any website), modify, enhance, translate, reproduce, sell, resell, sublicense, rent, lease, or otherwise attempt to exploit the Services; (b) decompile, disassemble, reverse engineer, or otherwise attempt to discover the source code (except to the extent that this restriction is expressly prohibited by law); (c) make derivative works of the Services; or (d) modify another website so as to falsely imply that it is associated with the Services, TradeWinds Resort or any other TradeWinds Resort products or services.

PRIVACY POLICY

Our Core Beliefs Regarding User Privacy and Data Protection

• User privacy and data protection are a necessity and our duty.
• We have the duty of protecting personal data.
• Data is a liability. It should only be collected and processed when absolutely necessary.
• We loathe spam as much as you do!
• We will never sell, rent or distribute your personal data.
• We will not make your personal information public without your consent. Your personal information (name) will be made public only if you wish to make a comment or review on the website.
• We do not sell the personal information of our customers.

Relevant Legislation

Along with our business and internal computer systems, this website is designed to comply with the following national and international legislation with regards to data protection and user privacy:

• EU General Data Protection Regulation 2018 (GDPR)
• California Consumer Privacy Act 2018 (CCPA)

Personal Information We Collect and Why

Site Visit Trackers

Like most websites, this site uses Google Analytics (GA) to track user interaction. We use this data to determine the number of people using our site, to better understand how they find and use our web pages and to track their journey throughout the website.

Although GA records data such as your geographical location, device, internet browser and operating system, none of this information personally identifies you to us. GA also records your computer's IP address, which could be used to personally identify you, but Google does not grant us access to this. We consider Google to be a third-party data processor (see section below).

GA makes use of cookies (see Cookie Policy below). If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows a customer to disable them on their internet browser and will stop GA from tracking any part of your visit to pages within this website. You should note that cookies may be necessary to provide customers with certain features (e.g., customized delivery of information) available on this website.

In addition to Google Analytics, this website may collect information (held in the public domain) attributed to the IP address of the computer or device that is being used to access it.

Forms and Email Newsletter Submissions

If you choose to subscribe to our email newsletter or submit a form on our website, the email address that you submit to us will be forwarded to a third-party marketing platform service company. Your email address will remain within their database for as long as we continue to use the third-party marketing company’s services for the sole purpose of email marketing or until you specifically request removal from the list.

You can do this by unsubscribing using the unsubscribe links contained in any email newsletters that we send you or by requesting removal via email. When requesting removal via email, please send your email to us using the email account that is subscribed to the mailing list.

We do not sell your personal information to third parties. We may share limited amount of data with listed third-party data processors only towards servicing your requests or improving our offering.

Email Links

We only receive an email when a user emails us using an email link. There are no third-party data processors or intermediaries involved. The data is collated into an email and sent to us over the Simple Mail Transfer Protocol (SMTP). Our SMTP servers are protected by TLS (sometimes known as SSL), meaning that the email content is encrypted before being sent across the internet. The email content is then decrypted by our local computers and devices.

TradeWinds Resort App

The TradeWinds Resort app may collect user-uploaded images such as your identification card when using the app's mobile express check-in feature to check-in to the hotel.

Revenue Recovery Emails

As part of Revenue Recovery model, we work with re-marketing service companies to send notification messages if you have abandoned your cart without making a purchase. This is for the sole purpose of reminding customers to complete the purchase if they wish to. The re-marketing service companies do a real-time capture of your email ID and cookies to send an email invite to complete the transaction if the customer abandons the cart. However, the email ID of the customer is deleted from their database as soon as the purchase is complete.

Cookie Policy

We use four primary types of cookies, which include:

• Functional Cookies

These are vital for the running of our services on our websites and apps. Without the use of these cookies, parts of our websites would not function. For example, session cookies allow a navigation experience that is consistent and optimal to user's network speed and choice of device.

• Performance Cookies

These collect information about your use of our websites and apps and enable us to improve the way they work. For example, performance cookies show us the most frequently visited pages. They also help identify any difficulties you have accessing our services so we can fix any problems. Additionally, these cookies allow us to see overall patterns of usage at an aggregated level.

• Targeting Cookies

We use these types of technologies to provide advertisements that are more relevant to your interests. This can be done by delivering online advertising based on your previous web browsing activity. Cookies are placed on your browser that will store details of websites you have visited. Advertising based on what you have been looking at is then displayed to you when you visit websites that use the same advertising networks. We may also use cookies and similar technologies to provide you with advertising based on your location, offers you click on, and other similar interactions with our websites and apps.

• Third-Party Cookies

We use a number of third-party service providers to help you manage, carry out and improve our advertising. These parties set cookies at our direction to help us collect information and provide you with advertisements that we believe would be relevant to you. In some instances, these this parties may also assist us by providing certain statistical and analytical information in relation to our marketing purposes.

Data Breaches

We will report any unlawful data breach of this website's database or the database(s) of any of our third-party data processors to any and all relevant persons and authorities within 72 hours of the breach if it is apparent that personal data stored in an identifiable manner has been stolen.

Changes to Our Privacy Policy

This privacy policy may change to conform to legislation and/or industry developments. We will not explicitly inform our clients or website users of these changes. Instead, we recommend that you check this page occasionally for any policy changes. By entering a valid email address that you have access to, we will inform you about any personal information we collect that is associated with that email address and how to manage it.

California Privacy Policy

If you are a California resident you have the right to request information from TradeWinds Resort regarding the manner in which it shares certain categories of your personal information with third parties, for the third parties direct marketing purposes.  California law provides that you have the right to submit a request to TradeWinds Resort at its designated address and receive the following information:

• The categories of information TradeWinds Resort disclosed to third parties for the third parties’ direct marketing purposes during the preceding calendar year; and
• The names and addresses of third parties that received such information, or if the nature of their business cannot be determined from the name, then examples of the products or services marketed.

You are entitled to receive a copy of this information in a standardized format, and the information will not be specific to you individually.  You may make such a request at the address set forth directly below, in the “Questions Regarding Our Privacy Policy” section.

Questions Regarding Our Privacy Policy

If you have any questions, comments or requests concerning this policy or the collection, use, and disclosure of personal information, please contact us at the following address:  Privacy@twresort.com.

Governing Law

This Terms of Use and Privacy Policy is governed by the laws of the United States of America and the laws of the State of Florida.