Skip To Main Content Skip To Footer

Auberge Beach Residences

Previous Privacy Policies | Auberge Resorts Collection

Previous Policy Last Updated January 21, 2020
Your privacy concerns and trust are important to Auberge Resorts LLC and properties that are a part of the Auberge Resorts Collection. This Privacy Notice has been prepared to help you understand what information is collected through your interactions with Auberge Resorts LLC (“AR”), with properties that are a part of the Auberge Resorts Collection (“ARC Properties”), or anywhere this Privacy Notice is posted, and how this information is used.  If you have questions about this Privacy Notice, you may contact us here or at +1.415.737.5955.

To the extent permitted by applicable jurisdiction, by accessing the website for Auberge Resorts LLC or an Auberge Resorts Collection property where this notice is posted, you consent to this Privacy Notice.

If you reside in the European Economic Area, United Kingdom, or Switzerland (collectively, “EEA Residents”), you have additional rights with respect to your personal data, which include rights under the EU’s General Data Protection Regulation (“GDPR”).

If you reside in California, USA, you have additional rights with respect to your personal information as granted by the California Consumer Privacy Act (“CCPA”). However, this Privacy Notice does not apply to employment-related personal information collected from California-based employees, job applicants, contractors, or similar individuals. See here for California Employee Privacy Notice.

This Privacy Notice describes privacy practices for data that is collected through the following means:

  • Through websites owned and operated by AR or ARC Properties including https://aubergeresorts.com/ (collectively, the “Websites”). Through social media pages of AR or ARC Properties (collectively, the “Social Media Pages”). Through email messages of AR or ARC Properties and through your communications with AR or ARC Properties. When you visit or stay as a guest at one of ARC Properties or through other activities and interactions with ARC Properties (collectively, “Property Interactions”)

Collectively, AR or ARC Properties refer to the Websites and the Social Media Pages, as the “Online Interactions” and, together with the Property Interactions, the “Services.” By using the Services, you agree to the terms and conditions of this Privacy Statement.

Changes to this Privacy Notice

AR or ARC Properties reserve the right to modify this Privacy Notice at any time and when required by law. You will be notified of changes to this Privacy Notice. If any material changes are made, you will be notified by email (sent to the e-mail address specified in your account) or by means of a notice on the Services prior to the change becoming effective.

You may be provided with additional “just-in-time” disclosures or additional information about the data collection, use and sharing practices of specific Services. These notices may supplement or clarify AR or ARC Properties’ privacy practices or may provide you with additional choices about how personal information is processed.

COLLECTION OF PERSONAL INFORMATION

Personal information is data that identifies an individual or relates to an identifiable individual. This includes information provided by you, information that is collected about you automatically, and information obtained from third-parties.

When you avail of the Services, at various points, your personal information will be collected in accordance with law. You may choose not to provide certain personal information; however, you may be unable to use certain products or services or will be unable to access certain functionalities of the Service. For example, your name and contact information are needed to make a reservation. Please find below a list of the categories of personal information that may be collected from you.

  • Contact Information. Your first and last name, email address, postal address, phone number, user name, social media handle or other similar contact information. Names, email addresses, phone numbers, user information or other similar contact information of your travel companions may also be collected. Your signature and employer information may also be collected.
  • Billing Information. You may provide your personal information to third-party payment processing partner if you make purchases or reservations through your credit or debit card number, or bank information.
  • Customer Services Information. Information related to your stays, such as your preferences special requests you make or information related to products or services you use.
  • Survey Information. The information you provide in response to a survey that you choose to respond to, including opinions on resort features or offerings, your interest in other resorts, and other such comments and suggestions.
  • Demographic Information. Demographic information, such as your geographic location, preferred ARC Property, date of birth, anniversary date, or any other significant date. Information about your significant others and travel companions, such as the names and ages of children, may also be collected.
  • Traveler Information. Your travel details, including personal identification such as a passport, the license plate or make and model of your car or the car you rented, or information about other individuals traveling with you.
  • Protected or Sensitive Information. At the time of check-in, you may be required to provide information that may be classified as protected or sensitive information. However, please note that unless specifically requested, you are requested not to send, disclose, or provide your protected or sensitive personal information (e.g., social security number, taxpayer identification number, passport number, driver’s license number or other government-issued identification number; credit or debit card details or financial account number, with or without any code or password that would permit access to the account, credit history; or information on race, religion, ethnicity, sex life or practices or sexual orientation, medical or health information, genetic or biometric information, biometric templates, political or philosophical beliefs, political party or trade union membership, background check information, judicial data such as criminal records or information on other judicial or administrative proceedings).
  • Health Information. When you dine, participate in any ARC Property activities, or use certain services like spa, you may choose to provide health-related information, such as whether you have any preexisting conditions. This information is provided at your discretion. You are encouraged to not rely on AR or ARC Properties to retain a record of the health information you provide for any future activities that you participate in.
  • Audio and Visual Information: During your visit or stay at ARC Properties your and your travel companions’ images, and video and audio data via security cameras located in public areas, such as lobbies, restaurants, elevators, etc., may be collected.
  • Biometric Information: Some ARC Properties may collect biometric information, such as digital images.
  • Online Interactions. Aggregated analytics data about Website visitors, such as your internet protocol (IP) address, location information, when you use the Website or interact through social media, may be collected.
  • Personal Information Received From Third-Parties. AR or ARC Properties may receive some of the above stated personal information about you from third-parties, such as from booking agents, business affiliates of AR or ARC Properties, through technology such as cookies, and when you use third-party agents or third-party services, such as booking sites to make a reservation.

HOW YOUR PERSONAL INFORMATION IS COLLECTED

Your Personal Information is collected in the following manner:

Personal Information that you provide:

  • Online Interactions. Your Personal Information is collected when you visit the Website, establish an account, interact with on the Social Media, or send requests over emails.
  • Property Interactions. Personal Information about you and your travel companions are collected when you check-in to an ARC Property, provide your preference, book an appointment to participate in activities at the ARC Properties, or use on-property services, such as restaurant, concierge services, health clubs, and spa.
  • Customer Service. Your Personal Information is collected when you make a reservation or authorize a third-party to make a reservation on your behalf by call or email to “Customer Service” (which is assistance provided by AR or ARC Properties to guests and clients).
  • AR and ARC Properties. AR collects Personal Information from ARC Properties, and ARC Properties collect Personal Information from AR. From time-to-time, an ARC Property may share Personal Information with other ARC Properties.
  • IOT Devices. Your Personal Information may be collected from IOT Devices (which are devices that are connected to the Internet) that are available at ARC Properties.
  • Security Systems. Your Personal Information may be collected from audio or video located in public areas in ARC Properties.
  • Other Sources. Your Personal Information may be collected from other sources, such as public databases, joint marketing partners and other third-parties.

Personal Information that is collected from you automatically

  • Information collected through automatic data collection, such as Google Analytics. As you navigate through and interact with the Website, automatic data collection technologies in the Website may be used to collect certain information about your equipment, browsing actions and patterns, including:
    • Non-personal details of your visits to the Website, including traffic data, location data, logs, and other communication data, and the resources that you access and use on the Website.
    • Information about your computer and internet connection, including your IP address, operating system, and browser type.
    • You can learn more about Google Analytics at https://www.google.com/policies/privacy/partners/, and you may choose to opt-out by visiting https://tools.google.com/dlpage/gaoptout
  • Cookies. Your Personal Information may also be collected through cookies and similar technologies. Please read the Cookie Policy for more information and about how to change your cookie preference.

ANONYMIZED AND AGGREGATED DATA

Anonymization is a data processing technique that removes or modifies personal information so that it cannot be associated with a specific individual. Except for this section, none of the other provisions of this Privacy Notice applies to anonymized or aggregated customer data (i.e. information about the customers (i.e., you) that when combined together no longer identifies or references an individual customer).

The anonymized or aggregate customer data may be used for any business purpose, such as to better understand customer needs and behaviors, improve the Services, conduct business intelligence and marketing, and detect security threats. Analytics may be performed on anonymized data or enable analytics provided by third-parties.

Types of data that may be anonymize include, contact information, survey information, and demographic information.

HOW YOUR PERSONAL INFORMATION IS PROCESSED

Personal Information is used to communicate with you and to provide the products or services you have requested.  It is also used to conduct business operations, to improve products and Services offered by AR or by ARC Properties, and to send you marketing offers that may interest you.

Your Personal information may be processed in the following ways

  1. To provide you Services. Your Personal Information may be used to provide the following Services, including:
    • Facilitate communication between you, ARC Properties, and AR. Personal information may also be used to understand how customers use the Services in order to improve the experience and the services offered
    • Facilitate reservations, payment, sending information pertaining to your stay, to assist you with your requests, and to provide you with pertinent information
    • Completed your reservation and stay
    • Send you the electronic receipt of your bills, if requested by you.
    • AR and ARC Properties may not be able to provide you with the Services without such information.
  2. To provide you with personalized service.  Personal Information is used to improve and tailor the Services to your preferences. Personalized Services may not be available without such information.
  3. Third-Party Booking. If you use a third-party to book a reservation, your Personal Information is used by AR and ARC Property to confirm your reservation and provide Services.
  4. To communicate with you. Your Personal Information is used to respond to you or to communicate with you about the Services.  For example, an ARC Property may contact you to inform you of any changes to your booking or to suggest activities to add to your itinerary. The types of communications that are sent depend on your use of the Services offered by an ARC Property and can include:
    • Confirmations and Itinerary Communications.  You may receive communications to confirm your booking or to help you create an itinerary for your stay, such as communications containing information about local sites, services, places of interest and other things to do.
    • Text Alerts.  You may receive text message alerts related to information, services, marketing, or special offers that you have requested
    • Marketing and Targeted Advertising.  Personal information is used to communicate with you about promotions and marketing offers that may be of interest to you.  Cookies and other similar technology are also used to learn about your interests and to send you more relevant advertising
    • Guest Surveys.  If you stay at an ARC Property, you may receive a guest survey to give feedback about your experience.  These surveys are used to learn about how Services can be improved.
    • If Personal Information is not processed for such purposes then the response to your requests may not be possible, which may interrupt your enjoyment of the Services. While you may be able to opt-out of marketing-related communications, you may not be able to opt-out of receiving critical Service-related communications, such as confirmation of your itinerary and appointments for activities that you have signed-up to participate in at ARC Property where you are staying.
  5. To ensure quality. Your Personal Information is processed for quality control and for staff training to enhance quality of Services. If your Personal Information is not processed for quality control purposes, you may experience issues with the Services, such as not considering the implementation of your suggestions.
  6. To maintain security. The audio and visual images are also collected from cameras installed in public areas at AR and in ARC Properties. At AR and in some ARC Properties, biometric information may also be collected. Without such information, securing the security of ARC Properties may not be possible.
  7. To enhance your experience. Your Personal Information is also processed to provide a personalized experience and implement the preferences you request. Without such processing, the assurance of your continued enjoyment of part or all of the personalized Services may not be possible.
  8. To facilitate corporate acquisition, mergers, or transactions. Any information that you have provided may be disclosed, as necessary, in the context of corporate acquisitions, mergers, or other corporate transactions. You have the option of asking us to delete your information if you do not wish to have your Personal Information processed for such purposes.
  9. To engage in marketing activities. Based on your communication preferences, marketing communications (e.g., emails or mobile notifications) may be sent to you to inform you about the offers, events, or partner events; to deliver targeted marketing; and to provide you with promotional offers. Marketing will be conducted in accordance with your advertising marketing preferences and as permitted by applicable law.
  10. For the purpose that you have consented to. Your Personal Information may be disclosed for any purpose you consent to.

The following chart summarizes how the collected Personal Information is used:

Personal Information Category (see “Collection of Personal Information” heading above for more information) Sources of Personal Information Purpose of Collecting Personal Information Disclosure of Personal Information (see “Sharing Your Personal Information With Other Parties” heading below for more information)
(A) Identifiers such as Personal Identification Information Contact Information; Billing Information; Customer Services Information; Traveler Information; Survey Information. Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 – Third-party payment processors

– Third-party booking agents

– Service providers

– Law enforcement agencies, as required by applicable laws
(B) Any categories of personal information described in Cal. Civ. Code § 1798.80.

 

 Contact Information; Billing Information; Customer Services Information; Survey Information; Demographic Information; Traveler Information; Protected and Sensitive Information Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 – Third-party payment processors

– Third-party booking agents

– Service providers

– Law enforcement agencies, as required by applicable laws

 
(C) Customer records such as signature Contact Information; Billing Information; Sections 1, 2, 3, 4, 5, 6,  7 – Third-party payment processors

– Third-party booking agents

– Service providers

– Law enforcement agencies, as required by applicable laws
(D) Protected classifications under California and federal law including gender, age, and citizenship Demographic Information; Traveler Information; Protected and Sensitive Information; Health Information Sections 1, 2, 4, 6, 7 – Service provider

– Law enforcement agencies, as required by applicable laws
(E) Commercial information such as records of services purchased, obtained, or considered Customer Services Information; Survey Information; Personal Information Received From Third-Parties Section 1, 2, 3, 4, 5, 7, 9, 10 – Third-party payment processors

– Third-party booking agents

– Service providers

– Law enforcement agencies, as required by applicable laws
(F) Biometric information Biometric Information Sections 1, 2, 5, 6, 7 – Service providers

– Law enforcement agencies, as required by applicable laws
(G) Usage Data and Online Identifiers Online Interactions Sections 1, 2, 3, 4, 5, 6, 7, 9, 10 – Third-party booking agents

– Service providers

– Law enforcement agencies, as required by applicable laws
(H) Audio Electronic visual, thermal, olfactory, or similar information Biometric Information; Audio and Visual Information Sections 1, 2, 5, 6, 7 – Service providers

– Law enforcement agencies, as required by applicable laws
(I) Professional or employment-related information Contact Information Sections 1, 2, 4, 5, 6, 7, 8, 10 – Third-party payment processors

– Third-party booking agents

– Service providers

– Law enforcement agencies, as required by applicable laws
(J) Inferences about preferences, characteristics, predispositions, etc. Contact Information; Billing Information; Customer Services Information; Survey Information; Demographic Information; Traveler Information; Protected and Sensitive Information; Health Information; Personal Information Received from Third-Parties;  Audio and Visual Information; Biometric Information; Online Interactions Sections 1, 2, 4, 5, 7, 8, 9, 10 – Service providers
– Law enforcement agencies, as required by applicable laws

 

Your personal information will not be used for any other purposes without your permission, other than for those purposes disclosed herein. From time to time, and as required under the applicable law, your permission may be requested to share your Personal Information with third-parties. You may opt-out of having your Personal Information shared with third-parties, or allowing the use of your Personal Information for any purpose that is incompatible with the purposes for which the Personal Information was collected or subsequently obtained through your authorization. If you choose to limit the use of your Personal Information so, certain features of the Services may not be available to you.

EEA Data Subjects

Legal Basis for Processing your Information

For individuals who are EEA Residents at the time their personal data is collected, AR and ARC Properties rely on the legal basis for processing your information under Article 6 of the EU General Data Protection Regulation (“GDPR”). Generally, your data is processed only where there is a legal requirement to process such information, where processing is necessary to perform any contracts that you have entered for the Services (or steps taken at your request prior to entering into the contract), for the legitimate interests in operating the business or to protect AR, ARC Properties, or your, property, rights, or safety, or where you have given your consent to do so. The below list describes the purpose of processing with the corresponding legal basis for processing.

Section & Purpose of Processing Legal Basis for Processing
(1) To provide you Services
(2) To provide you with personalized Services(3) Third-party booking
(4) To communicate with you
(5) To ensure quality(6) To ensure security		 Based on AR or ARC Property’s contract with you or to take steps at your request prior to entering into a contract with AR or ARC Property’s to provide you the Services.
(7) To enhance your experience
(8) To facilitate corporate acquisitions, mergers, or transactions		 Based on legitimate interests. When your personal data is processed for legitimate interests, AR or ARC Properties consider and balance any potential impact on you and your rights under data protection laws.
(6) To ensure security Based on the legal obligations of AR or ARC Properties. Obligations, the public interest, or in your vital interests.
(7) To enhance your experience
(9) To engage in marketing activities
(10) For any purpose		 Based on your consent.

 

Right to Withdraw Consent

If you have given your consent in relation to particular processing or activities, you can withdraw your consent at any time by methods described in the Contact Information section below.

SHARING YOUR PERSONAL INFORMATION WITH OTHER PARTIES

Your personal information is allowed to be only accessed by those who require access to perform their tasks and duties, and is only shared with third-parties in accordance with your consent or to complete the transaction of a service you have requested or authorized. Personal information is also shared with AR and ARC Properties’ affiliates, vendors and third-party service providers to process on behalf of AR and ARC Properties. Your Personal Information to third-parties is never rented or sold without your explicit written consent. Your Personal Information is shared with third parties in the following circumstances:

  • With service providers under contract who help with parts of the business operations. The agreements with such service providers require these service providers to only use your Personal Information in connection with the services they perform for AR or ARC Properties and prohibit them from selling your information to anyone else. Examples of the types of service providers with whom your Personal Information may be shared include (other than those mentioned above):
    • Accounting
    • Booking
    • Cloud storage
    • Concierge Services
    • Customer Support
    • Data analytics
    • Document repository services
    • Information Technology
    • Internet (e.g. ISPs)
    • Network infrastructure
    • Payment processing
    • Revenue Management
    • Sales
    • Social Media
    • Website Management
  • With companies or other entities that could merge or acquire AR or any of the ARC Properties. If there is going to be a change in how your Personal Information is going to be processed, you will receive prior notice of any such change.
  • With companies or other entities that purchase AR or ARC Properties pursuant to a court-approved sale or where we are required to share your information pursuant to insolvency law in any applicable jurisdiction.
  • With professional advisors who provide banking, legal, compliance, insurance, accounting, or other consulting services in order to complete third party financial, technical, compliance and legal audits of operations or otherwise comply with the legal obligations of AR or ARC Properties.

Other Uses and Disclosures OF PERSONAL INFORMATION

Your Personal Information may be used or disclosed as necessary or appropriate, such as: (a) to comply with applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including authorities outside your country of residence and to meet national security or law enforcement requirements; (d) to enforce AR or ARC Properties’ terms and conditions; (e) to protect AR or ARC Properties’ operations; (f) to protect the rights, privacy, safety or property of AR or ARC Properties, you or others; and (g) to allow AR or ARC Properties to pursue available remedies or limit the damages that AR or ARC Properties may sustain.

THIRD-PARTY LINKS AND SERVICES

If you authorize third-parties to act on your behalf, such as engaging third-party booking agents or services, then the information that you have provided to AR or ARC Properties may be shared with those third-parties.

Please note that neither AR nor any of ARC Properties are the owner, developer, sponsor, or sales or marketing agent of affiliated third-party websites, are not responsible for the content of affiliated third-party websites, and cannot guarantee the accuracy or completeness of information of any information displayed on third party sites.

HOW YOUR INFORMATION IS KEPT SECURE

Physical, administrative and electronic safeguards are used to secure the confidentiality and integrity of personal data.  While no method of data transmission or storage is 100% secure, and it is not possible to guarantee that a system or network will never be compromised, reasonable measures are taken to protect your personal data against loss, destruction, alteration, or unauthorized access or disclosure.  It is your responsibility to keep your passwords confidential.

DATA TRANSFERS AND PROCESSING

Auberge Resorts is headquartered in the United States, and Auberge Resorts Collection is a collection of properties in locations throughout the United States and internationally. To provide services, you acknowledge that your personal data may be shared with other ARC Properties or with third parties in locations around the world for the purposes described in this Privacy Notice.  AR and ARC Properties store and process data both inside and outside of the United States. Countries, where data is processed, may have data protection laws that differ from those in your own country.

AR and ARC Properties use the approved Standard Contractual Clauses (“SCC”) for the international transfer of personal information collected in the EEA and Switzerland or require that any third-party located in the US receiving your personal information is certified under the EU-US and/or the Swiss-US Privacy Shield Frameworks (“Privacy Shield Framework”) and require that the third party agree to at least the same level of privacy safeguards as required under applicable data protection laws.

In a limited number of situations where personal information collected in the EEA and Switzerland cannot be transferred under SCC or the Privacy Shield Framework, then AR and ARC Properties rely on derogations for specific situations as set forth in Article 49 of the GDPR. Particularly, AR and ARC Properties collect and transfer the personal information out of the EEA and Switzerland only: with your consent; to perform a contract with you; or to fulfill a compelling legitimate interest of AR or ARC Properties in a manner that does not outweigh your rights and freedoms. AR and ARC Properties endeavor to apply suitable safeguards to protect the privacy and security of your personal data and to use it only consistent with your relationship with AR and ARC Properties and the practices described in this Privacy Notice.

AR and ARC Properties have also entered into data processing agreements and SCCs with their vendors whenever feasible and appropriate.

YOUR PRIVACY RIGHTS

Depending on applicable law where you reside, you may be able to assert certain rights related to your personal information identified below. If any of the rights listed below are not provided under law for your jurisdiction, AR and ARC Properties have absolute discretion in providing you with those rights.

Your rights to personal information are not absolute. Depending upon the applicable law, access may be denied: (a) when denial of access is required or authorized by law; (b) when granting access would have a negative impact on another’s privacy; (c) to protect our rights and properties; (d) where the request is frivolous or vexatious, or for other reasons.

  • Access and portability. You may request to have provided to you a copy of your personal information held by AR or ARC Properties. This information will be provided without undue delay. In certain circumstances, you may request to receive your personal information in a structured, commonly used and machine-readable format, and to have us transfer your personal information directly to another data controller.
  • Rectification of incomplete or inaccurate personal information. You may request us to rectify or update any of your personal information that AR or ARC Properties have. You may do this at any time by email or by submitting a form. See, How to make a privacy request.
  • Erasure. You may request to erase your personal information, subject to applicable law by email or by submitting a form. See, How to make a privacy request.
  • Withdraw consent. To the extent the processing of your personal information is based on your consent, you may withdraw your consent at any time. Your withdrawal will not affect the lawfulness of AR or ARC Properties’ processing based on consent before your withdrawal.
  • Restriction of processing. In some jurisdictions, applicable law may give you the right to restrict or object to AR or ARC Properties processing your personal information under certain circumstances. ARC and ARC Properties may continue to process your personal information if it is necessary for the defense of legal claims, or for any other exceptions permitted by applicable law.

How to make a privacy request

To make a privacy request, you can contact AR and ARC Properties at:

Email:  privacy@aubergeresorts.com

Toll Free Via Phone: (800) 894-5853

Postal Mail:

Attention:  Privacy

Auberge Resorts LLC

7250 Woodmont Avenue Ste 220,

Bethesda, MD 20814-2960

 

 

How to lodge a complaint

If you believe that AR and ARC Properties have infringed your rights, we encourage you to submit a request by sending us an email at the above email addresses, so that the Chief Privacy Officer of the ARC Property or AR can work with you to resolve the issue dispute informally.

If you reside in the EEA, you can file a complaint with your relevant data protection authority.

Response to your request. The endeavor is to respond to consumer’s requests for access or deletion within 30-45 days of receiving the request, based on your jurisdiction. If more time is required, you will be appropriately informed in writing with the reason and extension period.

California Privacy Rights

In addition to the rights provided for above, if you are a California resident, the California Consumer Privacy Act (the “CCPA”) provides some California residents with the additional rights listed below. To exercise these rights see the “How to Make California Privacy Request” section.

  • Right to Know. You, upon a verified consumer request, (“VCR”) have the right to know and see what data is collected about you over the 12-month period, including:
  • The categories of personal information that have been collected about you;
  • The categories of sources from which the personal information is collected;
  • The business or commercial purpose for collecting your personal information;
  • The categories of third parties with whom AR or ARC Properties have shared your personal information; and
  • The specific pieces of personal information collected about you.
  • Right to Delete. You have the right to request the deletion of the Personal Information collected from you (and direct the service providers to do the same). There are a number of exceptions, however, that include, but are not limited to, when the information is necessary for the following:
  • Complete your transaction;
  • Provide you a good or service;
  • Perform a contract between AR and/or ARC Properties and you;
  • Protect your security and prosecute those responsible for breaching it;
  • Fix our system in the case of a bug;
  • Protect the free speech rights of you or other users;
  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et seq.);
  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interests that adhere to all other applicable ethics and privacy laws;
  • Comply with a legal obligation; or
  • Make other internal and lawful uses of the information that are compatible with the context in which you provided it.
  • Other Rights. Neither AR nor ARC Properties sell your Personal Information in their ordinary course of business and will never sell your Personal Information to third-parties without your explicit consent.

If your Personal Information is sold to third-parties, you also have the right to request that such information is disclosed to you: (i) the categories of your Personal Information sold, and (ii) the categories of third-parties to whom your Personal Information was sold. You have the right to direct AR and ARC Properties not to sell your Personal Information.

  • How to Make California Privacy Request. To request access to or deletion of Personal Information upon a VCR, or to exercise any other data rights under California law, please make the request using one of the following methods. AR and/ or ARC Properties are not required to respond to your VCR’s more than twice in a 12-month period. You can make VCR as follows:
    • Website: You may visit contact us here to authenticate and exercise rights via the website.
    • Email: You may send an email to the applicable ARC Property or AR to exercise rights. Please include your full name, email address, and all the ARC Properties that you stayed at, along with why you are writing, for processing your request in an efficient manner.
    • Toll-Free Number: Please call at 415.737.5955.  Please leave a detailed message and don’t forget to include your name, email address, and the ARC Property that you stayed at.
    • California Authorized Agent: If you are a California resident, you may designate an authorized agent to make a request to access or a request to delete on your behalf. A response will be furnished to your authorized agent’s request if they submit proof that they are registered with the California Secretary of State to be able to act on your behalf, or submit evidence you have provided them with power of attorney pursuant to California Probate Code section 4000 to 4465. Authorized agents may not be provided with the response pertaining to the request if the authorized agents fail to submit a proof of authorization or are unable to verify their identity.
  • Response Timing and Format. The endeavor is to respond to California consumer’s verified request for access or deletion within 45 days of receiving the request. If more time is required, you will be appropriately informed in writing with the reason and extension period. The confirmation of receipt of a request to a verified customer shall be made within 10 days of receiving the same.

RETENTION OF PERSONAL INFORMATION

Your Personal Information is securely stored. Your Personal Information is retained for as long as necessary to fulfill the purposes for which it is collected, including for the purposes of satisfying any legal, accounting, or reporting obligations or to resolve disputes. While retention requirements vary by jurisdiction, information about the typical retention periods for different aspects of your Personal Information is described below.

  • Personal information collected to comply with the legal obligations may be retained for as long as required under such laws.
  • Contact Information such as your name, email address, and telephone number for marketing purposes is retained for not more than 5 years from the date of your last interaction with any ARC Property and/or AR. Thereafter, your details will be added to the suppression list to ensure that there is no inadvertent marketing email sent to you unless you reach out to AR or ARC Properties.
  • Record of your request for information under California Privacy Request is kept for twenty-four months.
  • Information collected via technical means such as cookies, webpage counters, and other analytics tools is kept for a period of 30 days to up to one year from the expiry of the cookie.

CHILDREN’S ONLINE PRIVACY

The websites are general audience sites and are not intended for use by children under 18. If you become aware that a child under 18 years of age has provided personal data through the Sites, notify the ARC Property or AR at the email addresses below. If an ARC Property or AR, becomes aware that a child under age 18 years of age has provided personal information through the website(s), steps will be taken to delete it.

However, AR or ARC Properties may collect information about children under 18 years from you, during pre-arrival or when you are checking-in. Before collecting any information about children under 18 years of age, explicit consent will be requested from you.

HOW TO OPT-OUT OF MARKETING COMMUNICATIONS

You have choices about how to manage your personal data and what types of communications you receive from AR and ARC Properties. Please contact AR and/ or the ARC Property that you stayed at to exercise these choices. Please note that there may be a legal obligation to preserve certain data and that additional information may be requested from you in order to confirm your identity. This is to ensure that your personal data is not disclosed to a person who does not have a right to receive it.

Email Communications:  You may choose to opt-out of receiving certain email communications by following the instructions in the email to unsubscribe.

Text Messaging:  You may choose to opt-out of receiving text messaging from AR or ARC Properties by following the option to unsubscribe in the text message, or by notifying the front desk at the applicable ARC Property.

Access To Your Personal Data:  You may contact us directly by email or postal mail to request access to, correct, change or delete your personal data.

For California customers please see the preceding sections.

CONTACT US

Hotel Privacy Contact Email
Auberge Resorts LLC arc.privacy@aubergeresorts.com
Auberge Beach Residences abf.privacy@aubergeresorts.com
Auberge du Soleil ads.privacy@aubergeresorts.com
Bishop’s Lodge bl.privacy@aubergeresorts.com
Bowie House bow.privacy@aubergeresorts.com
Chileno Bay Resort & Residences cbr.privacy@aubergeresorts.com
Commodore Perry Estate cpe.privacy@aubergeresorts.com
Domaine des Etangs arc.privacy@aubergeresorts.com
Element 52 ele.privacy@aubergeresorts.com
Esperana esp.privacy@aubergeresorts.com
Etéreo ete.privacy@aubergeresorts.com
Goldener Hirsch goh.privacy@aubergeresorts.com
Grace Hotel san.privacy@aubergeresorts.com
Hotel Jerome hj.privacy@aubergeresorts.com
Hacienda Altagracia alg.privacy@aubergeresorts.com
Madeline Hotel & Residences mdl.privacy@aubergeresorts.com
Mauna Lani mnl.privacy@aubergeresorts.com
Mayflower Inn & Spa may.privacy@aubergeresorts.com
Primland Resort pri.privacy@aubergeresorts.com
Solage sol.privacy@aubergeresorts.com
Stanly Ranch stn.privacy@aubergeresorts.com
Sleeping Indian mdl.privacy@aubergeresorts.com
Susurros del Corazon sdc.privacy@aubergeresorts.com
The Inn at Matteis Tavern mat.privacy@aubergeresorts.com
The Lodge at Blue Sky bsk.privacy@aubergeresorts.com
The Vanderbilt van.privacy@aubergeresorts.com
White Barn Inn wbi.privacy@aubergeresorts.com
Wildflower Farms wff.privacy@aubergeresorts.com

Email: arc.privacy@aubergeresorts.com 

FORM SUBMISSION

Postal Mail:

Attention:  Privacy

Auberge Resorts LLC

7250 Woodmont Avenue Ste 220, Bethesda, MD 20814-2960

Cookies and Other Technologies

Previous Policies

Previous Policy Last Updated October 22, 2018

Your privacy concerns and trust are important to Auberge Resorts LLC. This Privacy Notice has been prepared to help you understand what information is collected through your interactions with Auberge Resorts LLC, with properties that are part of the Auberge Resorts Collection or anywhere this Privacy Notice is posted, and how this information is used. If you have questions about this Privacy Notice, you may contact us at privacy@aubergeresorts.com. To the extent permitted by applicable jurisdiction, by accessing the website for Auberge Resorts LLC or an Auberge Resorts Collection property where this notice is posted, you consent to this Privacy Notice.

How to Contact Auberge Resorts LLC

  • You may contact us at privacy@aubergeresorts.com or 415.737.5955. To the extent permitted by applicable jurisdiction, by accessing the website for Auberge Resorts LLC or an Auberge Resorts Collection property where this notice is posted, you consent to this Privacy Notice.

ADA STATEMENT

  • Auberge Resorts LLC and the properties that are part of the Auberge Resorts Collection portfolio strive to provide individuals with disabilities equal access to services, including through accessible websites for the brand and each of the properties. If you have questions, comments, or encounter any difficulty in using the websites, please contact accessibility@aubergeresorts.com or:

Accessibility Inquiries

Auberge Resorts LLC

7250 Woodmont Avenue Ste 220,

Bethesda, MD 20814-2960

 

 

Privacy Notice, Terms & Conditions, and Cookies & Other Technologies

  • PRIVACY NOTICE: Your privacy concerns and trust are important to Auberge Resorts LLC. This Privacy Notice has been prepared to help you understand what information is collected through your interactions with Auberge Resorts LLC, with properties that are part of the Auberge Resorts Collection or anywhere this Privacy Notice is posted, and how this information is used. If you have questions about this Privacy Notice, you may contact us here. To the extent permitted by applicable jurisdiction, by accessing the website for Auberge Resorts LLC or an Auberge Resorts Collection property where this notice is posted, you consent to this Privacy Notice.
  • WHAT INFORMATION IS COLLECTED?
    • “Personal data” is the information that identifies you as an individual. For example, your name or contact information is personal data. Personal data is collected in order to support business operations and to provide products and services offered by Auberge Resorts LLC or the properties that are part of the Auberge Resorts Collection. The type of personal data collected depends on your interactions with and use of Auberge Resorts LLC’s services and those of the properties that are part of the Auberge Resorts Collection.
  • SOME PERSONAL DATA IS PROVIDED BY YOU
    • Some personal data is collected when you use the website and some personal data is collected when you check in or use a service offered by Auberge Resorts LLC or a property that is part of the Auberge Resorts Collection. For example, you provide personal data when you:
      • Contact or use services offered by Auberge Resorts LLC or a property that is part of the Auberge Resorts Collection.
      • Book a stay.
      • Check-in to an Auberge Resorts Collection property.
      • Sign up to receive communications.
      • Participate in a promotion, contest or survey.
      • Send a direct message via email or on social media.
      • Enter into a contract or agreement with Auberge Resorts LLC or a property that is part of the Auberge Resorts Collection.
    • You may choose not to provide certain personal data; however, you may be unable to use a certain product or service or be unable to access certain functionalities of the website. For example, your name and contact information are needed to make a reservation.

 

  • SOME PERSONAL DATA IS RECEIVED FROM THIRD PARTIES
    • Some personal data is received from third parties, such as from business affiliates of Auberge Collection LLC, through technology such as cookies, and when you use third party services, such as booking sites to make a reservation.
  • SOME DATA IS COLLECTED ON THE WEBSITE
    • The website for Auberge Resorts LLC and Auberge Resorts Collection properties collects aggregated analytics data about site visitors, such as your internet protocol (IP) address, which alone cannot be used to identify you specifically. This information is used to learn about how the website is used and to send you marketing that may be more interesting to you. In some circumstances, such as if you make a purchase through this site, some of this analytics data can become attributable to you. In such an instance, this analytics information is treated as personal data consistent with this Privacy Notice. If you visit the website and do not provide any personal data during your visit, this analytics data is not attributed to you.
    • TYPE OF INFORMATION COLLECTED
      • The type of personal data that is collected depends on the services that you use and may include:
    • CONTACT INFORMATION
      • Your first and last name, email address, postal address, phone number, user name, social media handle or other similar contact information.
    • BILLING INFORMATION
      • The data necessary to process your payment if you make purchases, such as your credit card or bank information, including but not limited to reservations.
    • GUEST SERVICES INFORMATION
      • Information related to your stay, such as special requests you make or information related to products or services you use.
    • DEMOGRAPHIC INFORMATION
      • Demographic information, such as your geographic location, preferred Auberge Resorts Collection location, date of birth or anniversary date.
    • TRAVELER INFORMATION
      • Your travel details, including personal identification such as a passport, the license plate or make and model of your car, or information about other individuals traveling with you.
    • SURVEY INFORMATION
      • The information you provide in response to a survey that you choose to respond to, including opinions on resort features or offerings, your interest in other resorts, and other such comments and suggestions.
    • HEALTH INFORMATION
      • When you dine, participate in physical activities or use certain services like spa, you may choose to provide health related information, such as whether you have any preexisting conditions. This information is provided at your discretion. You are encouraged to not rely on Auberge Resorts LLC or the properties that are part of Auberge Resorts Collection to retain a record of the health information you provide for any future activities that you participate in.
    • SPECIAL CATEGORIES OF INFORMATION.
      • Information related to your health is received when you voluntarily provide it. Auberge Resorts LLC and the properties associated with Auberge Resorts Collection may retain it with your consent for purposes consistent with this Notice. No other “special categories” of data are collected, which includes: details about your race or ethnicity, religious or philosophical beliefs, sex life or sexual orientation, genetic or biometric data, political opinions, trade union membership, or information about criminal convictions or offenses.

 

  • THIRD PARTY LINKS ON THE WEBSITE
    • This website may contain links to other third party websites for your convenience. Auberge Resorts LLC is not responsible for the privacy policies and practices of other third parties and any information that you submit to a third party is subject to their privacy policy. Once you leave the website for Auberge Resorts LLC and the properties that are part of Auberge Resorts Collection where this Notice is posted or are redirected to any third-party website, application, or other online service, you are encouraged to read and familiarize yourself with the privacy terms or policies applicable to that third party.
    • Please note that Auberge Resorts LLC is not the owner, developer, sponsor, or sales or marketing agent of affiliated third party websites, is not responsible for the content of affiliated third party websites, and cannot guarantee the accuracy or completeness of information of any information displayed on third party sites.
  • HOW IS INFORMATION THAT IS COLLECTED USED?
    • Personal data is used to communicate with you and to provide the products or services you have requested. It is also used to conduct business operations, to improve products and services offered by Auberge Resorts LLC, or by a property that is part of the Auberge Resorts Collection, and to send you marketing offers that may interest you.
  • WHEN IS INFORMATION SHARED?
    • Personal data is shared with your consent or to complete the transaction of a service you have requested or authorized. Personal data is also shared with Auberge Resorts LLC affiliates, vendors and third party service providers to process on behalf of Auberge Resorts LLC or on behalf of the properties that are part of the Auberge Resorts Collection, for purposes described in this Notice. Personal data may also be shared if required by law, to protect customers or others, to maintain security, or for Auberge Resorts LLC or the properties that are part of Auberge Resorts Collection to operate their businesses. Auberge Resorts LLC and Auberge Resorts Collection properties will not sell or rent your personal data to third parties without your permission.
  • HOW IS YOUR INFORMATION KEPT SECURE?
    • Physical, administrative and electronic safeguards are used to secure the confidentiality and integrity of personal data. While no method of data transmission or storage is 100% secure, and it is not possible to guarantee that a system or network will never be compromised, reasonable measures are taken to protect your personal data against loss, destruction, alteration, or unauthorized access or disclosure. It is your responsibility to keep your passwords confidential.
  • DATA TRANSFERS AND PROCESSING
    • Auberge Resorts Collection is a collection of properties in locations throughout the United States, and internationally such as in the Caribbean and Central America. To provide services, you acknowledge that your personal data may be shared with properties that are part of Auberge Resorts Collection or with third parties in locations around the world for the purposes described in this Privacy Notice. Auberge Resorts LLC and the properties that are part of the Auberge Resorts Collection store and process data both inside and outside of the United States. Countries where data is processed may have data protection laws that differ from those in your own country.
  • EU VISITORS: Your personal data is processed, including any necessary data transfers out of the European Economic Area “EEA,” when you have consented to such processing or if it is necessary for the performance of a contract taken at your request or concluded in your interest
  • DATA RETENTION
    • Retention of personal data can vary based on certain circumstances or obligations. For example, personal data is retained for as long as it is necessary to provide the products or services you have requested or for other legal compliance or essential business purposes such as enforcing contracts, maintaining security, or dispute resolution.
  • CHILDREN’S ONLINE PRIVACY
    • This website is a general audience site and is not intended for use by children under 18. If you become aware that a child under 18 years of age has provided personal data through the site, notify Auberge Resorts LLC by email at privacy@aubergeresorts.com. If Auberge Resorts LLC, becomes aware that a child under age 18 years of age has provided personally identifiable information through this website, Auberge Resort LLC, will take steps to immediately delete it.
  • HOW TO ACCESS AND CONTROL YOUR PERSONAL DATA
    • You have choices about how to manage your personal data and what types of communications you receive from Auberge Resorts LLC or from the properties that are part of the Auberge Resorts Collection. Please contact Auberge Resorts LLC to exercise these choices. Auberge Resorts LLC will endeavor to respond to your inquiry within 30 days. Please note that there may be a legal obligation to preserve certain data and that additional information may be requested from you in order to confirm your identity. This is to ensure that your personal data is not disclosed to a person who does not have a right to receive it.
    • EMAIL COMMUNICATIONS: You may choose to opt-out of receiving certain email communications by following the instructions in the email to unsubscribe.
    • TEXT MESSAGING: You may choose to opt-out of receiving text messaging from Auberge Resorts LLC or from the properties that are part of the Auberge Resorts Collection by contacting Auberge Resorts LLC, by notifying the front desk at the resort or by following the option to unsubscribe in the text message.
    • ACCESS TO YOUR PERSONAL DATA: You may contact Auberge Resorts LLC directly by email or postal mail to: request access to, correct, change or delete your personal data.
    • EU VISITORS: In accordance with the requirements of Regulation (EU) 2016/679, or “GDPR,” if you are an EU visitor, you have certain rights and may make a “Subject Access Request” to exercise them. Under certain circumstances, you have the right to: Request access to your personal data; Request correction of your personal data; Request erasure of your personal data; Object to some processing of your personal data; Request restriction of processing of your personal data; Request the transfer of your personal data to you or to a third party; Withdraw your consent; Object to being subject to automated decision-making; or Lodge a complaint. In such an instance, first contact Auberge Resorts LLC directly to resolve any issue. If you wish to exercise any of these rights by making a Subject Access Request, please contact Auberge Resorts LLC.
  • YOUR CALIFORNIA RIGHTS
    • If you are a California resident, California Civil Code Section 1798.83 permits you to make an annual request for information regarding the disclosure of categories of your personal data that Auberge Resorts LLC has shared with a third party for the third party’s direct marketing purposes. To make this request, please send an email to privacy@aubergeresorts.com or write to us at:

California Privacy Right

Auberge Resorts LLC

7250 Woodmont Avenue Ste 220,

Bethesda, MD 20814-2960

Auberge Resorts LLC will endeavor to respond to your request within 30 days.

 

  • COOKIES & OTHER SIMILAR TECHNOLOGIES
    • Like many other websites, this site uses cookies and other similar technologies like web beacons or pixels to improve performance of the website or to provide more relevant ads. Cookies are small text files sent from a website and stored on your browser while you visit a website. Cookies track how you use a website and enable the website to remember your preferences and settings and help us analyze how the website is performing.
    • When you visit this website, Auberge Resorts LLC or an authorized third party service provider may place a cookie on your browser which can collect information, including personal data, about your online activities over time or across different sites. Many web browsers are set up to accept cookies automatically, but you may change your cookie preferences through the options available in your web browser. You may choose not to receive certain cookies, however please note this may affect the availability of certain features of our website.
  • ANALYTICS
    • Third party analytics services, such as Google Analytics, are used to understand how this website is accessed and used to improve the performance of the website and to send you marketing information that may interest you. You can learn more about Google Analytics at https://www.google.com/policies/privacy/partners/ and you may choose to opt-out by visiting https://tools.google.com/dlpage/gaoptout.
  • MARKETING
    • Depending on your browser settings, third party marketing services may set cookies, pixels and other similar technologies to collect data about your online activity when you visit this website in order to provide more relevant advertising and provide an optimized experience on other websites that you visit where Auberge Resorts LLC and the Auberge Resorts Collection properties may buy advertising.
You may change your cookie preferences in your web browser settings. Please review the options available in the web browser that you are using to make changes to your cookie preferences.
  • HOW TO CONTACT AUBERGE RESORTS LLC

Email: privacy@aubergeresorts.com

Postal Mail: Attention: Privacy Auberge Resorts LLC,  7250 Woodmont Avenue Ste 220, Bethesda, MD 20814-2960

  • DO NOT TRACK DISCLOSURE
    • Do Not Track is a privacy preference that can be set in a web browser. This website does not recognize Do Not Track browser settings or signals at this time because there is no agreed upon standard for how to interpret these signals yet. For information about Do Not Track, please visit https://allaboutdnt.com/.

 

  • CHANGES TO THIS PRIVACY NOTICE
    • This Privacy Notice is effective as of May 23, 2018. From time to time it may become necessary to update or change this Privacy Notice and you are encouraged to periodically check here for the most current version. If significant changes are made, Auberge Resorts, LLC will provide you with appropriate notice, which may include a conspicuous notice on the website or email notification. Your continued use of the Auberge Resorts Collection website where this notice is posted constitutes your agreement to this Privacy Notice to the extent permitted by applicable jurisdiction.

 

  • AUBERGE RESORTS COLLECTION USER GENERATED CONTENT TERM & CONDITIONS
    • This User Generated Content Terms and Conditions agreement (“Terms”) is between you (“user”, “you”) and Auberge Resorts LLC, including its affiliated companies within the Auberge Resorts collection of properties (“Auberge Resorts”, “we”, “our”, “us”), and governs our use of your User Generated Content, as defined below, that you post or share using third-party platforms or websites such as Twitter, Instagram and Facebook (“Third-Party Sites”), or which you upload directly to our website at aubergeresorts.com or any subdomain where these Terms are posted (“Auberge Resorts Sites”).
    • By posting or sharing photos, text, graphics, audio, video, location information, comments and other materials (“User Generated Content”) on Third-Party Sites using a geotag associated with an Auberge Resort collection property or a hashtag designated by one of our properties, you are making a submission (“Submission”) to Auberge Resorts LLC and/or its affiliated properties, and you agree to the following Terms.
    • We, and our service provider, utilize hashtags affiliated with Auberge Resorts properties, or geotags that connect User Generated Content to an Auberge Resort property, to identify Submissions. If your Submission is selected by Auberge Resorts, it may be displayed or appear on an Auberge Resorts Site together with your name and other identifying information, including without limitation any social media identifier, handle, or profile picture.
    • Auberge Resorts has designated several hashtags which you may use to make a Submission to properties within the Auberge Resorts Collection (“Designated Hashtags”), including but not limited to:
Auberge Resorts Collection Property Hashtag
Auberge Resorts #AlwaysAuberge #AubergeFan
Auberge du Soleil #aubergedusoleil
Solage Resort #SolageResort
Madeline Hotel & Residences #madelinetelluride
Hotel Jerome #HotelJerome and #HotelJeromeFan
Chileno Bay Resorts & Residences #chilenobaycabo
Esperanza Resort #esperanzaresort
Hacienda AltaGracia #HaciendaAltaGracia
Mukul #OnlyNica
Nanuku #NanukuAubergeResort
Grace Hotels #gracehotels
Element 52 #Element52
Mayflower Inn & Spa #gracemayflower
Vanderbilt #gracevanderbilt, #gracevanderbilthotel
White Barn Inn #WhiteBarn, #GraceWhiteBarn
Grace Hotel Santorini #gracehotelsantorini, #gracehotel
Commodore Perry Estate #commodoreperry, #commodoreperryestate
The Lodge at Blue Sky #BlueSky #BlueSkyRanch

 

  • USER GENERATED CONTENT LICENSE
    • You retain any copyright or other intellectual property rights that you may have in your User Generated Content. You hereby grant to Auberge Resorts LLC and its related companies, agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, and third-party service providers (collectively, the “Licensed Parties”) a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable license to use your User Generated Content in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to using, copying, distributing, publishing, exhibiting, reproducing, digitizing, modifying, adapting, creating derivative works from, publicly performing, publicly displaying, incorporating, and otherwise exploiting such User Generated Content in connection with the Auberge Resorts Sites.  We reserve the right, in our sole discretion, to determine which User Generated Content to use. We may publish, review, modify or remove all or part of your User Generated Content at our sole discretion.
    • The Licensed Parties may assign or sublicense all or a portion of their rights under this agreement, including this license, without your prior consent or any payment to you. You acknowledge and agree that: (a) the Licensed Parties have the right to arrange the posting of User Generated Content in any way in their sole discretion without your prior approval; (b) the Licensed Parties have no obligation to provide you with any credit or other attribution when using your User Generated Content, provided, however, if the Licensed Parties choose to provide you with credit, the size and placement of the credit shall be in their sole discretion; (c) any “moral rights” in your User Generated Content are waived; and (d) you are not entitled to any compensation or other payment from the Licensed Parties in connection with use of your User Generated Content. You agree that you will have no approval rights, no claim to compensation, no claim (including, without limitation, claims based upon breach of privacy, defamation or intellectual property infringement) against the Licensed Parties arising out of any use (in accordance with the terms hereof), blurring, alteration, editing, distortion, faulty reproduction, or use in any composite form of the User Generated Content.
    • In connection with any use of your User Generated Content, you grant the Licensed Parties the right to use your username, real name, image, likeness, descriptions of you, location or other identifying information, including but not limited to your voice.
    • You acknowledge that by granting permission to use your User Generated Content it is deemed non-confidential and the Licensed Parties have no obligation to maintain the confidentiality of any information contained in the User Generated Content, in whatever form, except pursuant to the Licensed Parties privacy policies. If you do not agree to the collection, use and disclosure of your personal information in this way, you should not use the Designated Hashtags and you should refrain from otherwise providing the Licensed Parties with personal information.
  • REPRESENTATION, WARRANTIES AND INDEMNIFICATION
    • You represent and warrant that:
    • you are 18 years of age or older and you have the legal right and capacity to agree to these Terms;
    • you are solely responsible for your User Generated Content; you own all rights in and to your User Generated Content and/or have obtained the appropriate rights and permissions from any and all other persons or entities who own, manage, or otherwise claim any rights with respect to such User Generated Content; the Licensed Parties’ use of your User Generated Content as described herein will not infringe upon, misappropriate or otherwise violate the rights of any other person or entity including, without limitation, copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights of any third party, or any applicable law, rule or regulation; the User Generated Content does not contain any content that is inappropriate, indecent, obscene, hateful, tortuous, defamatory, slanderous or libelous; the User Generated Content does not contain any advertising or other commercial content; you are responsible for all royalties, fees and other monies owed related to your User Generated Content; and you will adhere to the applicable terms and conditions of any Third-Party Sites where you have uploaded or posted your User Generated Content.
    • YOU HEREBY AGREE TO INDEMNIFY AND HOLD THE LICENSED PARTIES HARMLESS FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, ACTIONS OR PROCEEDINGS OF ANY KIND AND FROM ANY AND ALL DAMAGES, LIABILITIES, COSTS AND EXPENSES RELATING TO OR ARISING OUT OF ANY BREACH OR ALLEGED BREACH OF ANY OF THESE WARRANTIES AND REPRESENTATIONS.
  • DELETION OF USER GENERATED CONTENT
    • To request removal of your User Generated Content, or if you have questions regarding these Terms or requests concerning your personal information, please contact us by email at privacy@aubergeresorts.com.
    • You may request that we remove your User Generated Content from the Auberge Resorts Sites and we will take commercially reasonable steps to delete your User Generated Content. Notwithstanding the foregoing, you acknowledge that we may be unable to fully delete all of your User Generated Content, for example, we may be unable to remove User Generated Content that is posted to third party websites.  We reserve the right to retain copies of User Generated Content as necessary for legal or compliance purposes.
    • You acknowledge and agree that the Licensed Parties have no obligation to use your User Generated Content, or any portion thereof, and have the right (but not the obligation), in their sole discretion, to pre-screen, review and remove User Generated Content from the Auberge Resorts Sites. You further understand and agree that, in their sole discretion, the Licensed Parties may remove any User Generated Content from the Auberge Resorts Sites at any time, for any reason, with or without notice to you.
  • AUBERGE RESORTS’ INTELLECTUAL PROPERTY RIGHTS
    • THE AUBERGE RESORTS SITES MAY BE PROTECTED BY COPYRIGHT, TRADEMARK, AND OTHER INTELLECTUAL PROPERTY LAWS. YOU ACKNOWLEDGE AND AGREE THAT BY AUTHORIZING USE OF YOUR USER GENERATED CONTENT YOU DO NOT ACQUIRE ANY OWNERSHIP OR OTHER RIGHTS IN INTELLECTUAL PROPERTY OR OTHER PROPRIETARY INFORMATION OWNED BY AUBERGE RESORTS.
    • LIMITATION OF LIABILITY & DAMAGES
    • You hereby agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with the User Generated Content or these Terms shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards in your favor shall be limited to actual out of pocket costs incurred, including costs associated with Submitting the User Generated Content, but in no event will your attorneys’ fees be recoverable; and (c) under no circumstances, including for negligence, will any Licensed Party be liable to you for punitive, incidental or consequential damages, lost data, lost profits and/or any other damages. You acknowledge and agree that the neither the Licensed Parties nor any of their officers, directors, or employees are responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with the User Generated Content (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses, or damages related to or based on your rights of publicity or privacy, or a claim for defamation). Under no circumstances will any of the Licensed Parties be held liable for any damage to computer systems, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT WILL ANY OF THE LICENSED PARTIES’ TOTAL LIABILITY (IN THE AGGREGATE) TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USER GENERATED CONTENT WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE EXCEED FIVE HUNDRED DOLLARS ($500.00).
  • MODIFICATIONS TO THE TERMS
    • From time to time we may need to make changes to these Terms, including to address changes in technology or law, and we encourage you to review these Terms each time you grant us permission to use your User Generated Content. We reserve the right to alter these Terms at any time without advance notice to you by posting a revised Terms and Conditions. Any changes or modifications will be effective immediately upon posting.
  • SEVERABILITY
    • If any part of these Terms is found to be invalid, unlawful or unenforceable by a court of competent jurisdiction, the invalid, unlawful or unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. All other provisions of these Terms shall remain in full force and effect.
  • GOVERNING LAW AND JURISDICTION
    • This Agreement shall be governed by and construed in accordance with the laws of the State of California in the United States of America, notwithstanding any conflict of law rules. To the fullest extent permitted by applicable law, you agree to submit to the personal jurisdiction of the state courts in or for Marin County, California, and Federal District Court in the Northern District of California for the purpose of litigating all such claims or disputes arising under this agreement.
  • These Terms are personal to you and may not be assigned or transferred by you for any reason whatsoever without Auberge Resorts’ prior written consent. Last updated: October 22, 2018

 

 

 

Privacy Notice
FORT LAUDERDALE | 2200 North Ocean Blvd, Ft. Lauderdale, Florida 33305