Last modified: June 15th, 2018
staySky Vacation Clubs (“staySky” or “We”) respects your privacy and is committed to protecting it through our compliance with this policy.
(each, a “Website”), the information we may collect from you or that you may provide to us as a potential guest or member of staySky or when completing a reservation booking to visit a staySky property and our practices for collecting, using, maintaining, protecting, and disclosing that information.
This policy applies to information we collect:
- on our Websites;
- in email, text, and other electronic messages between you and our Websites;
- when you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy;
- when you reserve a room at one of our properties (whether directly from us, our subsidiaries, or affiliates or from a real estate agent or other entity that can make a reservation on your behalf);
- when you interact with any of our third party vendors websites contracted with us to provide services for, or management of your membership accounts when the information collected is relevant to our relationship with you as our member or guest.
It does not apply to information collected by:
- any other means, including on any other website operated by any third-party; or
- any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website.
2. Data Controller, Data Protection Officer, and Representative
|staySky is the data controller of the Personal Data you provide to us. We have mobilized a team to determine if we are required to appoint a DPO and/or a representative in the EU and will update this policy when our analysis has been completed.|
3. Children Under the Age of 18
|Our Websites are not intended for children under the age of 18 and children under the age of 18 are not permitted to use our Websites. We will remove any information about a child under the age of 18 if we become aware of it.|
Our Websites are not intended for children under 18 years of age. No one under age 18 should provide any information to or on the Websites. We do not knowingly collect Personal Data from children under 18. If you are under 18, do not use or provide any information on our Websites or on or through any of its features/register on the Websites, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received Personal Data from a child under 18, we will delete that information.
If you use our Websites when you are under the age of 18, you may request that we remove your User Contributions under certain circumstances. We do not advertise or market any goods and services that are identified as being inappropriate for children under the age of 18
If you believe we might have any information from or about a child under 18, please contact us by email at email@example.com, by telephone at (800) 501-8494 or by mail at 7055 S Kirkman Road, Suite 118 Orlando, Florida 32819.
4. Information We Collect About You and How We Collect It
|We collect different types of information about you, including information that may directly identify you, information that is about you but individually does not personally identify you, and information that we combine with our other users. This includes information that we collect directly from you or through automated collection technologies.|
We collect several types of information from and about users of our Websites, specifically information (“Personal Data”):
- by which you may be personally identified, such as name, postal address, e-mail address, telephone number, or any other identifier by which you may be contacted online or offline;
- that is about you but individually does not identify you, such as traffic data, location data, logs, date and time of your visit to our Websites, your staySky reservation history, your hotel, resort, rewards programs use and other vacation preferences and history, and other communication data and the resources that you access and use on the Websites, and/or
- about your internet connection, the equipment you use to access our Websites and usage details.
We collect this information:
- directly from you when you provide it to us;
- automatically as you navigate through the Websites. Information collected automatically may include usage details, IP addresses, and information collected through cookies, and other tracking technologies;
Information You Provide to Us
The information we collect on or through our Websites are:
- information that you provide by filing in forms, whether on our Websites or on paper. This includes information provided at the time of applying to become a staySky member or a guest, registering to use our Websites, or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Websites;
- records and copies of your correspondence (including email addresses), if you contact us;
- your responses to surveys that we might ask you to complete for research purposes;
- details of transactions (including making reservations) you carry out through our Websites and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Websites;
The Personal Data we collect from you is required to enter into a reservation booking with staySky or request additional information, for staySky to perform its obligations for your reservation request or membership with staySky, and to provide you with our products, services or other requested information. If you refuse to provide such Personal Data or withdraw your consent to our processing of Personal Data, then in some cases we may not be able to fulfill our obligations to you.
Information We Collect Through Automatic Data Collection Technologies
As you navigate through and interact with our Websites, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, specifically:
- details of your visits to our Websites, specifically traffic data, location data, logs, referring/exit pages, date and time of your visit to our Websites, error information, clickstream data, and other communication data and the resources that you access and use on the Websites; and
- Information about your computer and internet connection, specifically your IP address, operating system, and browser type.
The information we collect automatically may include Personal Data or we may maintain it or associate it with Personal Data we collect in other ways or receive from third parties. It helps us to improve our Websites and to deliver a better and more personalized service by enabling us to:
- estimate our audience size and usage patterns;
- store information about your preferences, allowing us to customize our Websites according to your individual interests;
- speed up your searches; and
- recognize you when you return to our Websites.
5. Lawful Basis for Processing Your Personal Data
|We have a lawful basis for our processing of your Personal Data, including processing for our legitimate interests (when balanced against your rights and freedoms), to fulfill our obligations to you under a contract with you, and required by law, and with your consent.|
If you are in the European Union, the processing of your Personal Data is lawful only if it is permitted under the applicable data protection laws. We have a lawful basis for each of our processing activities (except when an exception applies as described below):
- Legitimate Interests. We will process your Personal Data as necessary for our legitimate interests. Our legitimate interests are balanced against your rights and freedoms and we do not process your Personal Data if your rights and freedoms outweigh our legitimate interests. Specifically, our legitimate interests are to: facilitate communication between staySky and you; detect and correct bugs and to improve our Websites; safeguard our IT infrastructure and intellectual property; detect and prevent fraud and other crime; and to promote and market our business;
- To Fulfill Our Obligations for Your Reservation or Request or Membership with staySky Vacation Clubs. We process your Personal Data in order to fulfill our obligations to you pursuant to the fulfilment of your reservation request and to deliver our goods and services or requested additional information to you. Specifically we process your Personal Data to permit you to reserve and use accommodations at one of our properties, and provide you with access to other amenities as part of being a guest or member of staySky.
- As Required by Law. We may also process your Personal Data when we are required or permitted to by law; to comply with government inspection, audits, and other valid requests from government or other public authorities; to respond to legal process such as subpoenas; or as necessary for us to protect our interests or otherwise pursue our legal rights and remedies (for instance, when necessary to prevent or detect fraud, attacks against our network, or other criminal and tortious activities or enforce our rights arising from any contracts entered into between you and us, including for billing and collection), defend litigation, and manage complaints or claims.
6. Special Categories of Information
|We may process a limited amount of Personal Data that is considered sensitive when necessary to provide you with our goods and services.|
Some Personal Data processed by staySky Vacation Clubs may be considered sensitive, including personal data that may reveal your religious beliefs and data concerning your health. We process this information only to the extent necessary to accommodate you when you use our services. For example, if you have a health condition that requires access to an accessible room, we will use this information to provide you with an accessible room. Similarly, we may use information about your religious beliefs to accommodate you for meals, when they are provided by us. You are not required to provide us with this information, however, if you don’t, we may not be able to provide you with accommodations you may need. When we collect this information, we will ask you for explicit consent for our processing of this information.
7. Automated Decisions Making
|We generally do not use your Personal Data with any automated decision making processes.|
staySky does not use your Personal Data with any automated decision-making process, including profiling, which may produce a legal effect concerning you or similarly significantly affect you.
8. How We Use Your Information
|We use your Personal Data for various purposes described below, including to:· provide our Websites to you;
· provide you with information you request from us;
· enforce our rights arising from contracts;
· notify you about changes; and
· provide you with notices about your account
We use information that we collect about you or that you provide to us, including any Personal Data:
- to present our Websites and their contents to you;
- to provide you with information, products, or services that you request from us;
- to provide you with access to our hotels and vacation resorts;
- to fulfill any other purpose for which you provide it;
- to provide you with notices about your reservation or membership;
- to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
- to notify you about changes to our Websites, our member programs, or any products or services we offer or provide through them;
- in any other way we may describe when you provide the information; and
- for any other purpose with your consent.
With your consent, we may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. If you wish to withdraw your consent, you may do so at any time by visiting our Websites and filling out the form on our Contact Us page or by sending us an email stating your request at firstname.lastname@example.org. For more information, see “Choices About How We Use and Disclose Your Information”.
We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your Personal Data for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
9. Disclosure of Your Information
· our third-party service providers that we use to support our business;
· to a company we merge, acquire, or that buys us, or in the event of change in structure of our company of any form;
· to comply with our legal obligations;
· to enforce our rights; and
· with your consent.
- to our subsidiaries and affiliates, including to the hotels and resorts that are a member of our staySky Vacation Clubs;
- to travel agents and other similar entities where you book travel, in order to provide confirmation of your reservation and other reservation details;
- to contractors, service providers, and other third parties we use to support our business. Specifically, these entities provide IT and infrastructure support services, payment processing services, reservation processing services, credit reporting and background check services, and other benefits and amenities at our hotels and resorts or for our member programs;
- to 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 staySky assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by staySky about our Websites’ users and/or our staySky Vacation Clubs membership is among the assets transferred;
- to third parties to market their products or services to you if you have not opted out of these disclosures. For more information, see ”Choices About How We Use and Disclose Your Information”;
- to fulfill the purpose for which you provide it;
- for any other purpose disclosed by us when you provide the information; and
- with your consent.
We may also disclose your Personal Data:
- to comply with any court order, law, or legal process, including to respond to any government or regulatory request;
- if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of staySky, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
10. Choices About How We Use and Disclose Your Information
|We offer you choices on how you can opt out of our use of tracking technology, disclosure of your Personal Data for third-parties to advertise to you, our advertising to you, and other targeted advertising.|
We do not control the collection and use of your information collected by third parties described above in ”Disclosure of Your Information”. When possible, these organizations are under contractual obligations to use this data only for providing the services to us and to maintain this information strictly confidential. These third parties may, however, aggregate the information they collect with information from their other customers for their own purposes.
In addition, we strive to provide you with choices regarding the Personal Data you provide to us. We have created mechanisms to provide you with control over your Personal Data:
- Disclosure of Your Information for Third-Party Advertising. We will only share your Personal Data with unaffiliated or non-agent third parties for promotional purposes with your express consent. If you wish to consent to such use, you can check the relevant box located on the form on which we collect your Personal Data or otherwise seek such consent. If you wish to change your choice, you may do so at any time by sending us an email stating your request to email@example.com.
- Promotional Offers from staySky. We will only use your contact information to promote our own or third parties’ products and services with your express consent. If you wish to consent to such use, you can check the relevant box located on the form on which we collect your Personal Data or otherwise seek such consent. If you wish to change your choice, you may do so at any time by sending us an email stating your request to firstname.lastname@example.org. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt-out does not apply to information provided to staySky as a result of a product purchase, warranty registration, product service experience or other transactions.
You can learn more about interest-based advertisements and your opt-out rights and options from members of the Network Advertising Initiative (“NAI”) on its website (www.networkadvertising.org) and from members of the Digital Advertising Alliance on its website (www.aboutads.info). We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can also opt out of receiving targeted ads from members of the NAI on its website.
11. Your Rights Regarding Your Information and Accessing and Correcting Your Information
|You may have certain rights under applicable data protection laws, including the right to access and update your Personal Data, restrict how it is used, transfer certain Personal Data to another controller, withdraw your consent at any time, and the right to have us erase certain Personal Data about you. You also have the right to complain to a supervisory authority about our processing of your Personal Data.|
Applicable data protection laws may provide you with certain rights with regards to our processing of your Personal Data.
- Access and Update. You can review your Personal Data by visiting your membership account information in any member service website that provides you access to your membership information. You may also contact us through the contact information below in order to review your Personal Data and to make any changes to errors in any Personal Data we have about you to ensure that it is complete, accurate, and as current as possible.
- You have the right to restrict our processing of your Personal Data under certain circumstances. In particular, you can request we restrict our use of it if you contest its accuracy, if the processing of your Personal Data is determined to be unlawful, or if we no longer need your Personal Data for processing, but we have retained it as permitted by law.
- To the extent the Personal Data you provide staySky is processed based on your consent, you have the right to request that we provide you a copy of, or access to, all or part of such Personal Data in structured, commonly used and machine-readable format. You also have the right to request that we transmit this Personal Data to another controller, when technically feasible.
- Withdrawal of Consent. To the extent that our processing of your Personal Data is based on your consent, you may withdraw your consent at any time by closing your account. Withdrawing your consent will not, however, affect the lawfulness of the processing based on your consent before its withdrawal, and will not affect the lawfulness of our continued processing that is based on any other lawful basis for processing your Personal Data.
- Right to be Forgotten. You have the right to request that we delete all of your Personal Data. We cannot delete your Personal Data except by also deleting your user account or reservation or membership history, and we will only delete your account when we no longer have a lawful basis for processing your Personal Data or after a final determination that your Personal Data was unlawfully processed. We may not accommodate a request to erase information if we believe the deletion would violate any law or legal requirement or cause the information to be incorrect. In all other cases, we will retain your Personal Data as set forth in this policy. In addition, we cannot completely delete your Personal Data as some data may rest in previous backups. These will be retained for the periods set forth in our disaster recovery policies.
- You have the right to lodge a complaint with the applicable supervisory authority in the country you live in, the country you work in, or the country where you believe your rights under applicable data protection laws have been violated. However, before doing so, we request that you contact us directly in order to give us an opportunity to work directly with you to resolve any concerns about your privacy.
- How You May Exercise Your Rights. You may exercise any of the above rights by contacting us through any of the methods below. If you contact us to exercise any of the foregoing rights, we may ask you for additional information to verify your identity. We reserve the right to limit or deny your request if you have failed to provide sufficient information to verify your identity or to satisfy our legal and business requirements. Please note that if you make unfounded, repetitive, or excessive requests (as determined in our reasonable discretion) to access your Personal Data, you may be charged a fee subject to a maximum set by applicable law.
12. Your California Privacy Rights
|Under some circumstances, California law may provide you with the right to obtain a list of third parties (if any) that we provide your Personal Data to for their own direct marketing purposes.|
California Civil Code Section 1798.83 (California’s “Shine the Light” law) permits users of our Websites that are California residents and who provide Personal Data in obtaining products and services for personal, family, or household use to request certain information regarding our disclosure of Personal Data to third parties for their own direct marketing purposes. If applicable, this information would include the categories of Personal Data and the names and addresses of those businesses with which we shared your Personal Data with for the immediately prior calendar year (e.g. requests made in 2018 will receive information regarding such activities in 2017). You may request this information once per calendar year. To make such a request, please send an email to email@example.com or write us at: 7055 S Kirkman Road, Suite 118 Orlando, Florida, 32819.
13. Do Not Track Signals
|We may use automated data collection technologies to track you across websites. We currently do not honor do-not-track signals that may be sent by some browsers.|
We also may use automated data collection technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). Some web browsers permit you to broadcast a signal to websites and online services indicating a preference that they “do not track” your online activities. At this time, we do not honor such signals and we do not modify what information we collect or how we use that information based upon whether such signal is broadcast or received.
14. Data Security
|Information transmitted over the Internet is not completely secure, but we do our best to protect your Personal Data. You can help protect your Personal Data and other information by keeping your password to our Websites confidential.|
We have implemented measures designed to secure your Personal Data from accidental loss and from unauthorized access, use, alteration, and disclosure.
The safety and security of your information also depends on you. If we have given you (or where you have chosen) a password for access to certain parts of our Websites, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted to our Websites. Any transmission of Personal Data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Websites.
15. Consent to Processing of Personal Data In Other Countries Outside the European Economic Area
|We may process your Personal Data outside of your home country, including to the United States. We only do this when we are legally permitted to do so and when we have appropriate safeguards in place to protect your Personal Data.|
If you are a resident of the European Economic Area (“EEA”), in order to provide our Websites, products, and services to you, we may send and store your Personal Data outside of the EEA, including to the United States. Accordingly, your Personal Data may be transferred outside the country where you reside or are located, including to countries that may not or do not provide an adequate level of protection for your Personal Data.
16. Data Retention Periods
|We retain your Personal Data for as long as you keep your account open. In some instances, we may keep it after you close your account, for example we may keep it:· on our backup and disaster recovery systems;
· for as long as necessary to protect our legal interests; and
· and to comply with other legal requirements.
If you are a staySky Vacation Clubs member or have used any staySky services, staySky will retain your personal data for the entire time that you keep your account open and/or have reservation history with our properties. After you close your account, we may retain your Personal Data:
- for as long as necessary to comply with any legal requirement;
- on our backup and disaster recovery systems in accordance with our backup and disaster recovery policies and procedures;
- for as long as necessary to protect our legal interests or otherwise pursue our legal rights and remedies; and
- for data that has been aggregated or otherwise rendered anonymous in such a manner that you are no longer identifiable, indefinitely.
18. Contact Information
|If you wish to contact us, you must contact both us and our representative through the contact information below or through the “Contact Us” page on our Websites.|
staySky Vacation Clubs
7055 S Kirkman Road | Suite 118
Orlando, Florida (U.S.A)
800-501-8494 | firstname.lastname@example.org