Luxury Residential Resorts LLC and Reunion West Club LLC, d/b/a Encore Resort at Reunion (referred to as “the Company,” “we”, “us” or “our” in this privacy policy) are committed to keeping any and all personal information collected of those individuals that visit our website and make use of our facilities and services accurate, confidential, secure and private. This privacy policy will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you. Our privacy policy has been designed and created to assure you of our commitment and realization of our obligation to meet existing privacy standards.

This Privacy Policy shall apply to the Company and its affiliates and subsidiaries as listed below (collectively, the “Company Group”), and it shall govern any and all data collection and usage thereof. Through the use of www.encorereunion.com you are consenting to the following data procedures expressed within this privacy policy.

Purpose of this Privacy Policy

This privacy policy aims to give you information on how the Company collects and processes your personal data, including any data you may provide through this website, by phone, or in person, when you sign up to receive our newsletter, purchase a product or service, or take part in a sweepstakes.

Controller

The Company Group is made up of different legal names and DBA’s, details of which can be found here. This privacy policy is issued on behalf of the Company Group, so when we mention the Company, “we,”, “us,” or “our” in this privacy policy, we are referring to the relevant company in the Company Group that is responsible for processing your data. NDM Hospitality Group 2, LLC is the controller and responsible for your personal data.

We have appointed a data privacy manager who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact the data privacy manager using the details set out below in How to Contact Us.

Collection of Information

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include information where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

• Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
• Contact Data includes billing address, delivery address, email address and telephone numbers.
• Financial Data includes bank account and payment card details.
• Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
• Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.
• Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
• Usage Data includes information about how you use our website, products and services.
• Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect, use and share Aggregated Dat such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data by law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offenses.

How Is Your Personal Data Collected?

We use different methods to collect data from and about you including through:

• Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by postal mail, phone, email or otherwise. This includes personal data you provide when you:
  • make an order for our products or services;
  • create an account on our website;
  • subscribe to our service or publications;
  • request marketing to be sent to you;
  • enter a competition, promotion or survey;
  • log in to our guest Wi-Fi provided by the Company; or
  • give us feedback or contact us.
• Automated technologies or interactions. As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our cookie policy for further details.
• Third parties or publicly available sources. We will receive personal data about you from various third parties and public sources as set out below:
  • Identity, Contact, Marketing and Communications, and Profile Data from other members of the Company Group or third-party partners that we may use to facilitate your transactions with us, such as online or traditional travel agents, or wholesale or group sales vendors.
  • Technical and Usage Data from the following parties:
    
    1. analytics providers such as Google or Amazon Web Services;
    2. advertising networks such as Adsense; and
    3. search engines such as Google or Bing.
  • Contact, Financial and Transaction Data from providers of technical, payment and delivery services. When we process an order, we may also send your data to, and use the resulting information from, credit reference agencies to prevent fraudulent purchases.

Please rest assured that this website shall only collect personal information that you knowingly and willingly provide by way of surveys, completed online profiles or accounts, emails, and other correspondence with us, or information about the type of browser you are using, IP address or type of operating system to assist us in providing and maintaining superior quality service. It is the intent of this website to use personal information only for the purpose for which it was requested and any additional uses specifically provided on this website.

It is highly recommended and suggested that you review the privacy policies and statements of any website you choose to use or frequent as a means to better understand the way in which other websites garner, make use of and share information collected.

Use of Information Collected

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

• Where we need to perform the contract we are about to enter into or have entered into with you.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
• Where we need to comply with a legal obligation.

Click here to find out more about the types of lawful basis that we will rely on to process your personal data.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below. Generally, we do not rely on consent as a legal basis for processing your personal data, although we will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

Promotional Offers from Us

At times, we may use your Identity, Contact, Technical, Usage and Profile Data as a means to keep you informed of other possible products and/or services that may be available to you from www.encorereunion.com, our subsidiaries and affiliates, and our licensors. The Company may also be in contact with you with regards to completing surveys and/or research questionnaires related to your opinion of current or potential future services that may be offered. You will receive marketing communications from us and our subsidiaries and affiliates if you have requested information from us or purchased goods or services from us and you have not opted out of receiving that marketing. You will also receive marketing communications from our licensor, Margaritaville, if you have requested information from us or purchased goods or services from us that are licensed from Margaritaville and you have not opted out of receiving that marketing.

Third-Party Marketing

We may feel it necessary, from time to time, to make contact with you on behalf of our external business partners with regards to a potential new offer which may be of interest to you. We will get your express opt-in consent before we share your personal data with any third party for marketing purposes. You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links in any marketing message sent to you, or by contacting us at any time as set forth in the Unsubscribe or Opt-Out section below.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, product/service experience or other transactions.

Disclosures of Your Personal Data

We may find it beneficial to share specific data with our trusted partners in an effort to conduct statistical analysis, provide you with email, text messages and/or postal mail, deliver support and/or arrange for deliveries to be made, or otherwise for the purposes set out in the table above. Any third parties shall be strictly prohibited from making use of your personal data, other than to deliver those services which you requested, and as such they are thus required, in accordance with this privacy policy, to maintain the strictest of confidentiality with regards to all your information. We may share your personal data with internal third parties (that is, other companies in the Company Group) or External Third Parties (as set out in the Glossary).

We may deem it necessary to follow websites and/or pages that our users may frequent in an effort to gleam what types of services and/or products may be the most popular to customers or the general public.

We may disclose your personal information, without prior notice to you, only if required to do so in accordance with applicable laws and/or in a good faith belief that such action is deemed necessary or is required in an effort to:

• Remain in conformance with any decrees, laws and/or statutes or in an effort to comply with any process which may be served upon the Company and/or our website;
• Maintain, safeguard and/or preserve all the rights and/or property of the Company; and
• Perform under demanding conditions in an effort to safeguard the personal safety of users of www.encorereunion.com and/or the general public.

We may also disclose your personal information to third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

Change of Purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

International Transfers of Data from the European Union

The Company has its headquarters in the United States. Information we collect from you will be processed in the United States. The United States has not sought or received a finding of “adequacy” from the European Union under Article 45 of the General Data Protection Regulation (GDPR). The Company relies on certain derogations for specific situations as set forth in Article 49 of the GDPR. In particular, the Company collects and transfers to the United States personal data only: with your consent, to perform a contract with you, or to fulfill a compelling legitimate interest of the Company that does not outweigh your rights and freedoms. The Company endeavors to apply suitable safeguards to protect the privacy and security of your personal data and to use it only consistent with your relationship with us and the practices described in this privacy policy. The Company also enters into data processing agreements with its vendors whenever feasible and appropriate.

If You Fail to Provide Personal Data

Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

Cookies and Other Tracking Technologies

Please note that certain information about your computer hardware and software and browsing actions and patterns may be collected by the Company through automatic data collection technologies as you navigate through and interact with this website. This information is used by the Company for operation of, and to maintain the quality of, our website and our business, and to provide general statistics regarding use of our website. The technologies we use for this automatic data collection may include:

• Cookies. There are a number of different types of cookies; however, our website uses cookies for the following purposes:
  • Functionality. The Company uses these cookies so that we recognize you on our website and remember your previously selected preferences. This includes settings such as language preferences and what location you are in. A mix of first-party and third-party cookies are used.
  • Advertising. The Company uses these cookies to collect information about your visit to our website, the content you viewed, the links you followed and information about your browser, device, and your IP address. The Company sometimes shares limited aspects of this data with third parties for advertising purposes. We may also share online data collected through cookies with our advertising partners. This means that when you visit another website, you may be shown advertising based on your browsing patterns on our website.
• Web Beacons. Pages of the website and 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 the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (such as recording the popularity of certain website content and verifying system and server integrity).

Use of Cookies

This website uses “cookies” to help personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the web server that you have returned to a specific page. For example, if you visit certain pages of our website, a cookie helps the website to recall your specific information on subsequent visits. When you return to the same website, the information you previously provided can be retrieved.

Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. Please see the “Browser Settings and Opting Out of Cookies” subsection below for more information about managing your computer’s settings for cookies.

Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications on our website are served by third parties, including servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. You may also be able to opt out of receiving targeted advertising from many providers as provided below.

Browser Settings and Opting Out of Cookies

Certain mechanisms are available to you on your browser settings that provide you with the following control over your information. You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. To learn how you can manage your Flash cookies settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on NAI’s website.

Children Under the Age of 13

The Company does not knowingly collect personal data from children under the age of thirteen (13) without verifiable parental consent. If it is determined that such information has been inadvertently collected on anyone under the age of thirteen (13), we shall immediately take the necessary steps to ensure that such information is deleted from our system’s database. Anyone under the age of thirteen (13) must seek and obtain parent or guardian permission to use this website.

Unsubscribe or Opt-Out

All users and/or visitors to our website have the option to discontinue receiving communication from us and/or reserve the right to discontinue receiving communications by way of email, text messages or newsletters. To discontinue or unsubscribe to our website please send an email that you wish to unsubscribe to [email protected]. If you wish to unsubscribe or opt-out from any third party websites, you must go to that specific website to unsubscribe and/or opt-out.

Links to Other Web Sites

Our website contains links to affiliate and other websites. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. The Company does not control, claim nor accept responsibility for any privacy policies, practices and/or procedures of other such websites. Therefore, we encourage all users and visitors to be aware when they leave our website and to read the privacy statements/policy of each and every website you visit. This privacy policy applies only and solely to the information collected by our website.

Data Security

The Company has put in place appropriate security measures and shall take every precaution to maintain adequate physical, procedural and technical security with respect to our offices and information storage facilities so as to prevent any loss, misuse, unauthorized access, disclosure or modification of the user’s personal information under our control. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

The company also uses Secure Socket Layer (SSL) for authentication and private communications in an effort to build users’ trust and confidence in the internet and website use by providing simple and secure access and communication of credit card and personal information. In addition, the Company is a licensee of TRUSTe. The website is also secured by VeriSign.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

Data Retention

We will only retain your personal data for as long as reasonably necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements. If there are no legal requirements that require us to retain any particular data for a specific period, we will no longer retain it, for example, if the data is no longer up to date, if the purpose for which we originally obtained the data no longer applies, or when you have withdrawn consent to processing.

In some circumstances we will anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

Your Legal Rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please click on the links below to find out more about these rights:

• Request access to your personal data.
• Request correction of your personal data.
• Request erasure of your personal data.
• Object to processing of your personal data.
• Request restriction of processing your personal data.
• Request transfer of your personal data.
• Right to withdraw consent.

If you wish to exercise any of the rights set out above, please contact us.

No Fee Usually Required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

What We May Need From You

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time Limit To Respond

We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

Changes to Privacy Policy and Your Duty to Inform Us of Changes

The Company reserves the right to update and/or change the terms of our privacy policy, and as such we will post those changes to our website homepage at www.encorereunion.com, so that our users and/or visitors are always aware of the type of information we collect, how it will be used, and under what circumstances, if any, we may disclose such information. If at any point in time the Company decides to make use of any personal data on file, in a manner vastly different from that which was stated when this information was initially collected, the user or users shall be promptly notified by email. Users at that time shall have the option as to whether or not to permit the use of their information in this separate manner.

We keep our privacy policy under regular review. This version was last updated on September 2, 2020. Previous versions are archived here.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Acceptance of Terms

Through the use of this website, you are hereby accepting the terms and conditions stipulated within this privacy policy. If you are not in agreement with our terms and conditions, then you should refrain from further use of our website. In addition, your continued use of our website following the posting of any updates or changes to our terms and conditions shall mean that you are in agreement and have accepted such changes.

How to Contact Us

If you have any questions or concerns regarding this privacy policy or our privacy practices, please feel free to contact our data privacy manager at the following email, telephone number or mailing address.

Mailing Address:

Luxury Residential Resorts LLC
8011 Fins Up Circle
Kissimmee, Florida 34747
Attn: Milagros Alvarado

Email address: [email protected]
Telephone number: (321) 710-8134

Glossary

LAWFUL BASIS:

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

External Third Parties are:

• Service providers who provide IT and system administration services, credit card processing services, and merchant processing services.
• Professional advisers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance, and accounting services.
• [MARKET RESEARCHERS, FRAUD PREVENTION AGENCIES, PRICE COMPARISON SITES AND SO ON.]

YOUR LEGAL RIGHTS:

You have the right to:

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:

• If you want us to establish the data’s accuracy.
• Where our use of the data is unlawful but you do not want us to erase it.
• Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
• You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.