Thank you for doing business with ResortPass, Inc. (“ResortPass,” “Company,” “we,” “our,” or “us”). We welcome you and hope you find our websites, mobile and web applications, professional services, products, and our other subscription services and tools (collectively, the “Services”) helpful and useful. For those of you who are current or potential employees or business partners, we hope your interaction with us is pleasant and helpful. We have adopted this privacy policy (“Privacy Policy”) to help our current and potential customers, clients, their employees, our employees, and other business partners (“you” or “your,”) understand not only what Data we process, but how and why.
We always seek to improve our Services to you, and that requires that we process information about you and your usage preferences. As we do so, we are absolutely committed to protecting your privacy and the security of your personal information.
In this Privacy Policy, we use the word “Data” to describe all the information we process that relates to you and your use of our Services. “Data” is broken into different categories, which we may refer to separately, but when we use the word “Data,” we mean all the different categories described in this Privacy Policy. The word “Data” does not include information that Hotels (defined below) may gather about you independently. Also, the term "Data" does not apply to de- identified, anonymized, and aggregated data that may be derived from Data, such as traffic patterns, search activity, and other information that cannot be reasonably connected with any individual (“De-identified Data”). We may use De-identified Data for our own purposes in any manner and without attribution or compensation to any person.
When we have a separate agreement with you and that agreement addresses how we handle Data, the terms of that separate agreement will control over any conflicting provisions of this Privacy Policy. The definition of “Data” in that separate agreement, if there is one, may differ from the definition we use in this Privacy Policy, because the agreement will address particular interactions with a particular party.
With that exception, this Privacy Policy applies to everybody who interacts with us online or otherwise. Since different portions of the Privacy Policy will apply differently to the various groups who interact with us, we have tried to clearly categorize the types of Data we process and how we do so. If you have any questions about this Privacy Policy or how we handle your Data, please e-mail us at [email protected].
We have also adopted a Data Processing Agreement (“DPA”) that places further restrictions and requirements on how we process Data. We make the DPA available separately to individuals and companies who wish to enter into a DPA with us. If you have entered into such an agreement with us, either by executing the DPA in hard copy or by clicking “I Accept” or similar language online, the DPA will apply to both parties’ actions under this Privacy Policy.
ResortPass provides a platform through which certain third-party hotels (“Hotels”) sell to site users (“Day Guests”) various day passes giving them access to specific Hotel facilities and promotions (“Inventory”). Hotels are the sellers and issuers of the Inventory and are solely responsible to users for everything the Hotels do or fail to do in their relationship with users, including the data the Hotels gather about users in the course of that relationship. The term Data, as used in this Privacy Policy does not include any information Hotels gather about users, and ResortPass is not responsible in any manner for the conduct or privacy practices of Hotels. We encourage you to review the privacy policy of any Hotel with which you interact.
In this Privacy Policy, all the functions made available by our tools, including the other services and professional services we provide directly, are included in the term “Services.” The term “Services” also includes any of ResortPass’s websites, mobile applications, tools, software, personalized content, and other applications, as well as any other services and tools now known or later developed by ResortPass.
By accessing or using any of the Services or by otherwise interacting with us online, you consent to our processing of your Data as described in this Privacy Policy. If our processing of your Data is based on your consent, you may withdraw your consent at any time, and we will cease processing your Data. However, in some cases, this may result in your inability to receive partial or full access to the Services, and your withdrawal of consent does not limit our ability to process De-Identified Data for use by us in connection with our legitimate business efforts in the future. In addition, your withdrawal of consent does not prevent us from processing Data if we are required to do so by applicable law or in order to preserve legal claims. It also doesn’t prevent us from processing Data that has been gathered pursuant to a different lawful basis. For example, if you give your consent for us to process your Data, but we are also required by law to keep your Data, that separate “lawful basis” will still apply, even if you withdraw your consent.
When you enter into an agreement with us, either by accessing the Services, by executing an agreement in hard copy or by clicking “I Accept” or similar language online, we will process your Data for the purposes of fulfilling the terms of our contract with you. In that case, our processing of your Data is based on the contract, so your withdrawal of consent will only be effective after the purposes for processing that Data have been fulfilled and after we no longer have a legal obligation to keep that Data.
In all cases, we will comply with applicable law and we will cease processing your Data after the legal right or obligation or other necessity passes.
The Services are directed solely to persons 18 years of age or older or of children under 18 who are supervised by a parent, guardian, or other caregiver. Other than for Data processed for the specific purpose of providing the Services to users, we do not knowingly process Data from users who are under 13. If we become aware that we have processed Data from a person under 13, except to provide the Services to such person, then we will attempt to delete such Data as soon as possible, subject to our obligations under applicable law. If you believe that we have processed Data from a person under 13 in contravention of this policy, please contact us at [email protected].
In the course of our relationship with you, we process different categories of Data. We always have a lawful basis for processing the Data, but that lawful basis might be different for different categories. Regardless, we never process the Data for any purpose other than the purpose for which we processed the Data in the first place, unless we get your explicit consent. This section of our Privacy Policy describes the categories of Data we process, the lawful basis for processing that Data, and the uses we make of each category of Data.
We often use the services of third parties to help us to recruit new employees and independent contractors and to manage our interactions with current employees and independent contractors. We do our best to contractually ensure that these third-party service providers comply with the policies we have adopted. However, we can’t guarantee their compliance in every case.
Our lawful basis for processing Data about potential and current employees and independent contractors is our contract with them and our legitimate interest in processing that Data, both to facilitate the formation of a formal relationship and to manage that relationship once it is formed. We only process employment Data for the direct purpose of the employment or independent contractor relationship, and we cease processing it as soon as that relationship ends. However, we may process that Data after the relationship ends when we are required to do so by applicable law or to preserve legal claims that may arise.
When our users use the Services to book Inventory with Hotels, the Data that is necessary to initiate that relationship is passed from ResortPass to the applicable Hotel. At that point, the Hotel may engage directly with our users and manage the relationship without any further involvement by ResortPass, except as necessary to ensure payments are correctly made and reporting is accurate. We may also allow you to include booking notes (for example, “celebrating an anniversary”), and that Data will be passed along to the Hotel. To facilitate this legitimate interest and protect your Data, ResortPass and the applicable Hotel are considered joint controllers of your Data and are obligated to comply with applicable data privacy and protection laws in that capacity. Each Hotel's privacy policy governs any engagement you have individually with a Hotel after booking Inventory through the Services.
Certain of our users are affiliates or affiliate networks, who benefit from promoting our Services. Data about our affiliates is categorized and treated in the same manner as Data about our customers. However, our lawful basis for using affiliate Data is our contract with affiliates and our legitimate interest in sharing that Data with third parties for purposes of promoting the affiliates’ relationships with ResortPass.
Except where a specific limitation is noted above, we may share your Data as follows:
If we ever plan to process any Data in the future for any other purposes not identified above and we do not have a separate lawful basis for that processing, we will only do so after obtaining your specific consent.
Please note that we DO NOT sell your Data for any purpose.
The technologies we use for automatic Data processing may include the following:
Your web browser(s) may offer a "Do Not Track" option, which allows the individual to signal to operators of websites and web applications and services (including behavioral advertising services) that he or she does not wish such operators to track certain of his or her online activities over time and across different websites. Our Services do not support Do Not Track requests at this time, which means that we may process information about your online activity both while you are using the Services and after your use of the Services.
We process your Data for marketing purposes, primarily based on your consent. If you wish to opt-out of our processing of your Data with third parties for the third parties’ direct marketing purposes, or if you wish to stop receive marketing emails from us, please follow the instructions below. (Note that if you are a resident of the European Union, we will never use your personal data for third-party marketing purposes unless you have clicked on a box online to expressly give consent for such use.)
We will try to comply with your request(s) as soon as reasonably practicable. Please also note that if you do opt-out of receiving marketing-related emails from us, we may still send you messages for administrative or other purposes directly relating to your use of the Services, and you cannot opt-out from receiving those messages.
Under applicable data privacy, protection and other laws, you have certain rights related to your access and control of your Data. Such rights may include the following:
We may use additional processes to verify your identity before we reveal or delete any of your Data, including two-factor or two-step authentication measures to ensure we can identify you.
This list may not include all of your rights under applicable laws. If you believe you have additional rights, please contact us using the methods in this Privacy Policy.
Further, although we currently do not process Data without consent, if we at any time in the future process Data without your express consent, you may opt-out or withdraw consent at any time.
Please note that exercising any of the above rights may limit or eliminate our ability to provide you the Services. If so, we may terminate the Services due to such requests.
We will try to comply with your request(s) as soon as reasonably practicable. Upon receipt of your written request, we will provide you with a copy of your information, although in certain limited circumstances we may not be able to make all relevant information available to you, such as where that information also pertains to another user. In such circumstances we will provide reasons for the denial to you upon request.
Please also note that if you do opt-out of receiving marketing-related emails from us, we may still send you messages for administrative or other purposes directly relating to your use of the Services, and you cannot opt-out from receiving those messages while continuing to use the Services.
To exercise any of these rights, or if you have any questions about our processing of your Data, please contact us at [email protected] or at (844) 920-1296.
The Regulation (EU) 2016/679 (General Data Protection Regulation) made effective in Europe on May 25, 2018 (“GDPR”) requires that we clearly describe to data subjects the data we process and how we process that data. This Privacy Policy does that and if you have any questions for us regarding our data processing, please contact us at [email protected].
We are based in the United States. By accessing or using the Services or otherwise providing information to us, you understand that your information will be subject to processing, transfer, and storage in and to the United States.
Due to the nature of our Services, we typically act as a "Processor" as defined under the GDPR. If you believe that this role should be defined differently, please contact us at [email protected].
Pursuant to the GDPR, residents of Europe have the right to obtain our confirmation of whether we maintain personal information relating to them in the United States. If you are a resident of Europe, upon request from you, we will provide you with access to the Data that we hold about you. Please contact us if you have any questions.
Further, if you are a resident of the United Kingdom ("UK"), to the extent the GDPR as incorporated into UK law pursuant to s.3 of the European Union (Withdrawal Act) 2018 (as amended, the "UK GDPR") is different than the GDPR, we will follow all supplemental requirements under the UK GDPR and you have all rights as a UK citizen under the UK GDPR.
California adopted the California Consumer Privacy Act (“CCPA”), which took effect at the beginning of 2020 and has now adopted the California Privacy Rights Act ("CPRA"), portions of which took effect January 1, 2022. We comply with the requirements of the CCPA and CPRA to the extent they apply to us.
If you are a California resident, you may request to exercise your rights for any Data we have processed in the 12 months prior to your request. Such request covers any categories, sources, purposes, and, if applicable, third parties to whom we share the Data. Further, you can exercise any of your rights free of discrimination, for example, we cannot increase the price of the Services or decrease the quality of the Services because you exercise your rights.
Due to the nature of our Services, we typically act as a "service provider" as defined under the CCPA and CPRA. If you believe that this role should be defined differently, please contact us at [email protected] or at our toll-free number: (844) 920-1296.
For more information, please direct your questions to us at [email protected] or you can call our toll-free number at (844) 920-1296.
The security of your Data is important to us. We use commercially reasonable efforts to process your Data in a secure environment. We take technical, contractual, administrative, and physical security steps designed to protect Data that you provide to us. We have implemented procedures designed to limit the dissemination of your Data to only such designated staff as are reasonably necessary to carry out the stated purposes we have communicated to you.
You may be able to access third-party websites and other tools and services or products via a link, or via our other tools. The privacy policies of these third parties are not under our control and may differ from ours. The use of any Data that you may provide to any third parties will be governed by the privacy policy of such third party or by your independent agreement with such third party, as the case may be. If you have any doubts about the privacy of the information you are providing to a third party, we recommend that you contact that third party directly for more information or to review its privacy policy.
This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including any third party operating any offering, site or other products and Services used in connection with the Services. The inclusion of a link does not imply endorsement of the linked site or service by us or by our affiliates.
We will process your Data for as long as it remains necessary for the identified purpose or as required by law, which may extend beyond the termination of our relationship with you. We may retain certain data as necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of De-Identified Data, account recovery, or if required by law. All retained Data will remain subject to the terms of this Privacy Policy. Please note that if you request that your Data be removed from our databases, it may not be possible to completely delete all of your Data due to technological and legal constraints.
We reserve the right to change this Privacy Policy at any time. If we decide to change this Privacy Policy in the future, we will post or provide appropriate notice. Any change to this Privacy Policy will become effective on the date posted at the top of this Privacy Policy. Unless stated otherwise, our current Privacy Policy applies to all Data that we process about you and your account. We recommend that you print a copy of this Privacy Policy for your reference and revisit this policy from time to time to ensure you are aware of any changes. Your continued use of the Services signifies your acceptance of any changes.
You can help by keeping us informed of any changes such as a change of your personal contact information. If you would like to access your information, if you have any questions, comments or suggestions of if you find any errors in our information about you, please contact us at [email protected]. If you have a complaint concerning our compliance with applicable privacy laws, we will investigate your complaint and if it is justified, we will take appropriate measures.