Legal

GOLDEN DOOR PRIVACY POLICY

 

April 1, 2014  —  Golden Door Properties LLC, (“Golden Door” or “We”) takes the issue of safeguarding your privacy  seriously. We have created this Privacy Policy to better familiarize you with the information we collect from our guests and website visitors, and the ways in which Golden Door uses this information to better serve the needs of our guests.  This Privacy Policy does not apply to the practices of third parties that we do not own or control, including but not limited to any third party websites, services and applications (“Third Party Website”) that you elect to access through the Service or to individuals that we do not manage or employ. While we attempt to facilitate access only to those Third Party Websites that share our respect for your privacy, we cannot take responsibility for the content or privacy policies of those Third Party Websites. We encourage you to carefully review the privacy policies of any Third Party Website you access when using our website.

What is Personal Information?  

The term “Personal Information” refers to any information that can be used to identify you as an individual. It can include, among other things, your name, address, age, gender, personal financial history and social insurance or social security number.

Why is Personal Information Collected?   

1.  To Provide Superior Customer Service to our Guests

Personal Information is collected to assist us in making your reservation and providing the services you request at the Golden Door, to ensure we meet your needs while you are staying with us and/or to allow us to contact you in relation to matters that arise from your stay with us. By keeping certain stay-related Personal Information on file, such as information regarding guest history and itemized spending, guests of the Golden Door have the ability to confirm prior transactions and reconcile statements or invoices.

 2.   To Keep Our Guests Informed

We may use the Personal Information you provide to send you information regarding our services, to advise you of promotions, or to inform you of offers or other information that may be of interest to you. To do this, your information may be shared with a third party, including a customer relationship management company and/or a marketing and communications company. These companies are under contract with Golden Door and are contractually required to protect all guest information to which they may have access. If you do not wish to receive information from Golden Door, you may indicate your wishes on your registration card when you stay with us or you may advise us by sending an e-mail to: klinden@goldendoor.com.

3.   For Marketing Research

Finally, we may wish to contact guests to conduct surveys or focus groups to receive your views of our property and service delivery. Such information may be collected by a third party under contract with us and they will be contractually required to protect your Personal Information as explained below. Occasionally we will combine information from a number of guests to better understand trends and guest expectations. When this occurs, all identifiers are removed and the aggregate information cannot be linked to any specific guests.

How is Personal Information Collected?

On Our Website

 A.   Initially Upon Contact With Our Website

When you visit our website, you are initially given a “cookie,” and your computer is assigned an ID number. A cookie is a commonly used device that tracks an individual user’s preferences, and is capable of enhancing your visit to the site. Cookies allow us to provide a customized experience without the visitor having to remind us of preferences each time the site is visited. Our cookies do not contain any personally identifying information, nor do they follow visitors when traveling on the Internet.  We also use cookies to collect and maintain aggregate website data (such as the number of visitors to our site), which helps us see which areas are popular with our users and which are not. Among other things, this helps us improve and update the site, based on such data as total number of visitors and pages viewed.  If you do not want to accept cookies, you can block them by adjusting the settings on your Internet browser. Visitors should understand, however, that rejecting cookies will affect your ability to benefit from the conveniences afforded by the use of cookies, and you will not be able to use certain customization features associated with creating a user profile.  Once you have visited our website and accepted our cookie, your ID number is automatically assigned to your computer whenever you visit our web site. Despite the fact that you remain anonymous until you enter Personal Information in the web site, the ID number allows us to log your session, so that we may better assist you should you need some individualized service or support. Once you enter Personal Information on the web site, we associate your ID number with your contact information so we can recognize you on a future visit. We also use it to keep track of information that appears to be of particular interest to you.  We do not track our users across Third Party Web Sites and thus do not respond to Do Not Track (“DNT”) signals. However, some Third Party Web Sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, certain website browsers allows you to set the DNT signal on your browser so that third parties (particularly advertisers) know you do not want to be tracked.

B.   While Browsing Our Web Site

While in the process of browsing our website, you also provide us with information that does not reveal your personal identity. We use this aggregated, anonymous data mainly for editorial purposes, but we do not connect it to any Personal Information, such as your name or address. For example, this type of aggregate data enables us and third parties authorized by us to understand how often individuals use parts of our website so that we can analyze and improve them.  While you explore our website for the information that interests you, you may wish to put in a specific “Information Request” about our resort, or you may wish to request a brochure or participate in one of our on-line surveys or promotions. To respond to this request or to participate in our various programs, we may ask you for Personal Information, such as your name, zip/postal code, e-mail address and/or phone number.  In the event you choose to provide us with this information, we will only use it for the purpose we have specified to you. We will only e-mail you if you want us to, and you can choose a number of alternate methods by which to receive a reply to a request. Your transmittal of your personal data shall constitute your acknowledgment and agreement to the terms and conditions contained in this Privacy Policy. If you are uncomfortable providing this information over the Internet, you can always call our Reservations Office for more details.  If you wish, you may also submit your e-mail address in order to be placed on a subscription list or to receive other information. In deciding whether or not to join such lists, please note that they are only used for internal purposes – we do not sell or rent our lists to anyone. In the event you choose to join one of our lists, you may ask to be removed from the list at any time. Guests will always have the ability to accept or decline any form of communication from Golden Door, other than communications regarding billing and reservations.

C.   Making a Purchase on Our Web Site

When making a purchase, you will be asked to complete a form that includes your contact information and payment information. The form is secure (see below). When the form is complete, your credit card number will be verified using a checking sequence, and once this is confirmed we authorize payment for the amount shown on your order form. Once your transaction is confirmed you will see a ‘Thank You’ screen, and if you requested an e-mail confirmation it will be sent within a few moments. Again, due to the personal nature of the information you give when making a purchase through our website, the form is secure; your credit card number is protected with the most sophisticated encryption technology available and is transmitted on a private network.  We retain a log file of transactions at our website, excluding your credit card number, connected to your ID number. We will then use that information to assist in any inquiries about your transaction. We also occasionally combine information from a number of web visitors in a way that does not identify any user, in order to identify user patterns.

2.   When Making a Reservation

A.   On Our Web Site

Visitors to goldendoor.com who elect to make reservations online will be required to complete a reservation profile the first time they make a reservation. When you create a reservation profile you will be asked to provide specific Personal Information, including your name, address and contact information, as well as certain guarantee and deposit information to secure your reservation, such as your credit card number. Your transmittal of your Personal Information shall constitute your acknowledgment and agreement to the terms and conditions contained in this Privacy Policy.  Your credit card number will be verified and authorized.  Due to the personal nature of the information you give when making a reservation through our website, the reservation system is secure, such that your credit card number is protected with the most sophisticated encryption technology available and is transmitted on a private network.  We also receive a copy of the reservation profile at our website excluding your credit card number connected to your ID number. We will then use that information to create a log in our website database.  We also occasionally combine information from a number of web visitors in a way that does not identify any user, in order to identify user patterns.

B.   During your stay at the Golden Door

During your stay, we record your itemized spending to properly assemble your folio, which sets out your package and other expenses billed to your room. We also record this information to comply with financial reporting requirements, including those imposed by our auditors and government regulators. We may also collect certain information as required by local laws (e.g. passport number). Information particular to your stay may also be stored (i.e. health issues, payment difficulties, special requests, service issues). This stay specific information is stored in the property management system at Golden Door and is combined with information from previous visits that you have made. You may advise  Golden Door if you do not want personal preferences shared.  In addition, we may retain the content of any document (including letters, comment cards, electronic documents such as e-mails and other similar forms of communication) that you send us before, during or following your stay. This information may be shared with employees of Golden Door but will not be shared with any third party other than those contractually engaged by us for a specific, related purpose.  Further, when making a reservation, we may also ask you to complete a Health & Fitness Profile so that we may understand your medical history. We use this medical information to develop exercise, spa and other physical activity programs that are appropriate for your medical condition. We will not share this information with any third party, other than with our on-site contractors and third party service providers who will assist you in your exercise, spa and other physical activity programs. We will ensure that all such contractors and third party service providers are contractually obligated to ensure that any such information that we share with them is kept in strictly confidence. If you do not wish to submit such medical information to Golden Door, or for us to share this information with our on-site contractors and third party service providers, you may indicate your wishes on your registration card when you stay with us or you may advise us by sending an e-mail to: klinden@goldendoor.com.

 HOW DO WE STORE PERSONAL INFORMATION?

At the Spa

Golden Door goes to great measures to ensure that all Personal Information is kept in a secure location, be it a database or filing cabinet. Furthermore, we take steps to ensure that only designated individuals have access to this information.

In Our Property Management System

To serve you better, we also store certain guest information in our Property Management System, Maestro. Maestro is a secure database stored on a dedicated server located on Golden Door premises.  The stored information may include guest name, address and phone number.. We may also store certain information regarding your service preferences. We also store other transaction information in Maestro, including the number of stays you have had at Golden Door.

In Our Marketing Database

Golden Door maintains a database of Guest information that is used for marketing, promotion and research purposes. Guests will only receive such information if they have provided permission on their registration form, on  the Golden Door website, or in some other form. Any information sent provides a clear notice of how to discontinue receiving promotional materials.

What information is not secure?

When you log-in to complete or modify a Booking Profile, Guest Service Profile, your online interaction with us is protected from eavesdropping using the highest level encryption technology based on the browser you use. To ensure your privacy and the protection of information you choose to share with us, we allow only encrypted communications from all of our web forms.  It is important to note that any e-mail communication is not secure. This is a risk inherent in the use of e-mail. Please be aware of this when requesting information or sending forms to us by e-mail (for example, from the Contact Us section of our web site). We recommend that you do not include any confidential information (i.e. credit card information) when using e-mail. For your protection, our e-mail responses to you will not include any confidential information.  Finally, to be prudent, please be sure to always close your browsers when you are done using a form or the reservation site. Although the session will terminate after a short period of inactivity, it is best to close your browsers immediately upon completion, since while you are logged on it is easier for someone to attempt to get access to your profile.

If I have created a Guest Profile, how is my Personal Information treated?

If you are invited and elect to create a Guest Profile on our website, you will be asked to furnish specific Personal Information. You will also be asked to provide a password for use each time you log-in. Once you have created a Guest Profile, we may add online session data to your Guest Profile on subsequent visits to our web site. When you provide information, including revised information to your Guest Profile, we may use the information you provide to update other databases maintained by us.  By completing your Guest Profile you are considered to have provided consent to share your Personal Information within Golden Door in accordance with this Privacy Policy.

What Personal Information may be provided to third parties?

Agents, contractors or third party service providers of Golden Door may receive your Personal Information in the course of providing services to Golden Door to better serve your needs as a Guest. Using contractual or other arrangements, Golden Door ensures these parties protect your Personal Information in a manner consistent with the principles articulated in this Privacy Policy.  We will only share Personal Information about you outside Golden Door without your consent, where: (a) it is required or authorized by law (for example, in response to a legal subpoena); (b) it is required to provide you with services you have requested in which case you will be considered to have implied your consent; (c) if we believe there is a serious and imminent threat to the life, health or safety of yourself or another person; (d) if your stay has been paid for by a third party, we will provide billing information to the paying party; or (e) to assist with collecting amounts owed to Golden Door.  If Golden Door suspects any unlawful activity is taking place, it may investigate and/or report its findings or suspicions to the police or other relevant law enforcement agency.  We may share Personal Information with a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Information held by us about our guests is among the assets transferred.

How do I access my Personal Information?

We understand that you may like to know what Personal Information we hold about you. We are happy to assist you with your request. To protect your Personal Information, however, we require that you prove your identity to us at the time your request is made. You may make a request to the website representative at Golden Door as set out below.  When you make a request in person, we may require you to produce some form of photo identification such as a passport or a driver’s license and you will be asked to sign a request form.  When you make a request by other means, we may require the request be made in writing via fax or letter including a copy of a government issued identification and signature. We may also require home and business addresses and phone numbers so we can check them with our files and satisfy ourselves as to your identity.  The above information is required to create an audit trail of how the request has been handled. Where a request is made, any correspondence or application may be kept and added to your Personal Information.  Golden Door reserves the right to decline access to your Personal Information under certain circumstances. If your Personal Information will not be disclosed, you will be provided with the reasons for this non-disclosure.

How do I Revise my Personal Information?

If at any time you wish to update or access your Personal Information, you can do so by contacting our website representative:

via e-mail at guestservices@goldendoor.com

via fax at :760-761-4182

via letter -Attn: General Manager  Golden Door  777 Deer Springs Road  San Marcos, CA 92069

How long is my Personal Information retained?

Your Personal Information will be stored for the period of time required by law in the jurisdiction of Golden Door holding the information. It may be stored indefinitely by Golden Door as long as there is a business purpose for doing so. From time to time we may delete your Personal Information if you have not stayed with us in a number of years.

 How will I know if there are changes to this Policy?

If we decide to make significant changes our Privacy Policy, we will post those changes on our web site (http://www.goldendoor.com/) so you are always aware of how we treat Personal Information. Minor changes may be made and posted in a revised policy. Changes of use will not apply retroactively to Personal Information for which you have given explicit consent, which was acquired before the change to the Privacy Policy except as may be required by law. If revisions to the Privacy Policy are unacceptable to you, you must cease using this website.  If at any point we decide to use Personal Information in a manner different from that stated in this Privacy Policy, we will notify you by letter or e-mail sent to your last known address. If you do not agree with the different way we intend to use Personal Information, you may ask in writing that we not use it in that different way. If you do not object, you will be deemed to have consented to the use of your Personal Information in the changed manner.

CALIFORNIA RESIDENTS PRIVACY RIGHTS

Companies that collect Personal Information from California residents and disclose such information to third parties for marketing purposes must, in response to a consumer, either (1) provide a list detailing the categories of information shared and the entities to which such information was provided or (2) provide a mechanism by which a consumer may opt out of having his or her information shared with third parties. We have elected the second option, and you may request that your personally identifiable information not be shared with third parties by sending your request including your full name, email address and postal address to Golden Door using the contact information below.  California residents are entitled to know that they may file grievances and complaints with:

California Department of Consumer Affairs  400 R. Street Suite 1080  Sacramento ,CA 95814

or by phone 916-445-1254 or 800-952-5210; or by e-mail to sca@dca.ca.gov

To whom do I direct questions or concerns regarding this policy?

Questions or concerns regarding this privacy policy should be directed to guestservices@goldendoor.com

 

TERMS & CONDITIONS

Welcome and thank you for visiting the Golden Door website (collectively with any related subsite, service or feature, and all content and software and applications, the “Website”) and reviewing our Terms of Use. Golden Door Properties, LLC, hereinafter collectively referred to as Golden Door, makes this Website, including all information, documents, catalogs, communications, files, text, graphics, and audio/visual files (collectively, the “Materials”) available for your use subject to the Terms of Use set forth in this document.

 1.   ACCEPTANCE OF TERMS OF USE

Please read these terms and conditions carefully. By accessing, using, or downloading in any way, without limitation, any materials from this website or merely browsing this website, you agree to and are bound by these terms of use. If you do not agree with all of the terms of the terms of use, you are prohibited from using this website. Golden Door reserves the right to change the Terms of Use at any time in our sole discretion, without prior notice to any Website visitor (“User”). Golden Door will publish such amendments from time to time. You are expected to check this page from time to time so you are aware of any amendments, as they are binding on you.   You are hereby advised that your continued use of our website constitutes your acceptance of these terms of use and any subsequent amendments to these terms of use.

 2.   NON-TRANSFERABILITY

Golden Door may permit you to register and create an account to access certain portions of this Website (an “Account”). You agree that all information you provide to register an Account is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

 3.   PRIVACY AND PROTECTION OF PERSONAL INFORMATION

Golden Door respects the privacy of visitors to our Website. Please see Golden Door’s Privacy Policy relating to the collection and use of your information. User acknowledges and agrees that this Privacy Policy, including but not limited to the manner in which Golden Door collects, uses and discloses User’s personally identifiable information, is incorporated and made part of these Terms of Use. If User does not agree to each and every part of Golden Door’s Privacy Policy, then User should not use this site or submit or post any personally identifiable information on this site. Questions regarding privacy issues should be directed to Golden Door at klinden@goldendoor.com.

 4.   MEDICAL DISCLAIMERS

The content of this Website, such as text, graphics, images, information obtained from Golden Door’s licensors, and other Material contained on this Website are for informational purposes only and are not intended in any way to substitute for professional medical advice, diagnosis, or treatment. Users are encouraged never to disregard professional medical advice or delay in seeking it because of something you have read, viewed, or heard on this Website.

 5.   INTELLECTUAL PROPERTY RIGHTS

A.   Copyright Information and Personal and Non-Commercial Use Limitation.

All Materials and the compilation of all content included on this Website are owned or licensed by Golden Door and protected by United States and international copyright laws.  Permission to reprint or electronically reproduce any Materials, in whole or in part, for any other purpose is expressly prohibited without prior written consent from Golden Door. Users may not provide copyrighted or other proprietary information to Golden Door without permission from the owner of such materials or rights. Users are solely responsible for obtaining such permission and for any damages resulting from unauthorized disclosures.  Golden Door’s graphics, logos and service marks displayed on the Website are trademarks of the Golden Door or its licensors and may not be used or reproduced without prior written consent of the Golden Door. All other trademarks, product names and company names and logos appearing on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Golden Door. Any images of persons or personalities contained on the Website are not an indication or endorsement of Golden Door or any particular product or our service unless otherwise indicated

 6.   DISCLAIMERS AND LIMITATIONS OF LIABILITY

User expressly agrees that use of Golden Door’s Website and Materials is at User’s sole risk. Neither Golden Door, nor its affiliates, nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, “Providers”), or the like, warrant that websites affiliated with Golden Door, including but not limited to this Website, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The Materials, information, products, and services published on this Website may contain inaccuracies or typographical errors.  This website and the materials are provided by Golden Door on an “as is” and “as available” basis. To the fullest extent permissible by applicable law, Golden Door and the providers disclaim all implied warranties, including but not limited to, implied and statutory warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.  Golden Door and the providers make no representations or warranties of any kind, express or implied, as to the operation of the website, security of the website, the availability of any services offered on or through the website, or the information, content, materials or products, included on this website.  Any materials downloaded or otherwise obtained through the website is done at your own discretion and risk that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.  You expressly agree that your use of this website is at your own risk.  No oral advice or written information given by golden door nor its affiliates, nor any of their officers, directors, employees, agents, providers, or the like, shall create a warranty of any kind; nor shall user rely on any such information or advice.  Some states of other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.  You may also have other rights that vary from state to state and jurisdiction to jurisdiction.  If you are dissatisfied with this Website and/or Materials, your sole and exclusive remedy is to discontinue your use of this Website.  Golden Door does not guarantee the continuous, uninterrupted or secure access to this website or any related services.  The operation of the website may be interfered with by numerous factors outside the control of Golden Door.  You expressly understand and agree that Golden Door and the provider will not be liable for any damages of any kind arising from the use of inability to use this website, including but not limited to direct, indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise, (even if Golden Door or its providers have been advised of the possibility of such damages).  The limitations of this paragraph shall apply notwithstanding any reliance by a user on any information obtained from this website or other golden door websites that results from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses or other malicious code, delays in operation of transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to golden door records, programs, or services, and whether or not Golden Door and/or any other providers have been advised of the possibility of such damages.  User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through this website.  Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the golden door services, from inability to use golden door services, or from the interruption, suspension, or termination of golden door services (including such damages incurred by third parties).   Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.

 7.   ONLINE CONDUCT

The User agrees to use this Website only for lawful purposes.

8.   INTERNATIONAL USERS

This Website can be accessed from locations around the world. Golden Door makes no representations that this Website or the Materials available through it are appropriate for use at other locations outside the United States. Access to this Website from locations where this Website or any of its Materials are illegal is prohibited.

9.   SECURITY

If you use this Website, you are responsible for restricting access to your computer and ensuring that your computer is free from all types of malicious code, spyware, viruses, Trojans, etc. that may track any data you enter via this Website.

10.   ARBITRATION

Any dispute relating in any way to your visit to the Golden Door Website shall be submitted to confidential arbitration in California, except that, to the extent you have in any manner violated or threatened to violate Golden Door’s intellectual property rights. Golden Door may seek injunctive, equitable, or other appropriate relief in any state or federal court and the User consents to exclusive jurisdiction and venue in the states and federal courts in the State of California. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association (www.adr.org). The arbitrator’s award, including attorney’s fees, shall be binding and may be entered as a judgment in any court of competent jurisdiction.

11.   APPLICABLE LAW/JURISDICTION

This Website is controlled by Golden Door from its offices in the State of California. As such, by visiting Golden Door’s Website, even if accessed from a location outside the United States, you agree that the laws of the State of California will govern these disclaimers, terms of use, without giving effect to any principles of conflicts of laws. Golden Door reserves the right to make changes to its Website at any time. User hereby irrevocably and unconditionally consents to its jurisdictions in the State of California.

12.   STATUTE OF LIMITATIONS

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of this Website, Terms of Use, or Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.

13.   ENTIRE AGREEMENT

Any waiver of any provision of the Terms of Use of Privacy Policy will be effective only if in writing and signed by Golden Door.   The section titles in the terms of use and privacy policy are for convenience only and have no legal or contractual effect.

 

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