Last Updated : August 1, 2017
Third parties (such as hotels at which you may make reservations, join waitlists, check-in, or pay through our Sites, and social networks that you use in connection with our Sites) may also collect, use, and share information about you. This Policy does not cover such third parties or their services and we do not take any responsibility for how such third parties may use any information they collect. For information about third-party privacy practices, please consult with them directly.
I. INFORMATION WE COLLECT
We do not proactively collect personal information considered as sensitive personal information such as health-related information. However, our Sites include text boxes which are designed for you to provide your choice of certain information about your dining preferences. You should be aware that information you freely submit in these boxes may reveal to us or to the hotels or third parties with whom we share information (as detailed in the How We Share Your Information section, below) certain information that may be considered as sensitive personal information under applicable law. For certain services on our Sites, credit or debit card account information may be required.
In addition, we may receive certain categories of Personal Information listed above from sources other than you, such as from third-party websites, applications, and services (each, a "third-party platform"), hotels, and other third parties, including individuals who have added you as a guest to their reservation. We may combine this information with information we collect on our Sites.
When you visit our Sites, some information is automatically collected from devices (e.g., mobile, computer, laptop, tablet) used to visit or use our Sites including, but not limited to, operating system, access times, browser information (e.g., type, language, and history), settings, and other data about your device that we use to provide the services or as otherwise described in this Policy ("Device Information"). We also collect information about your usage and activity on our Sites using certain technologies, such as cookies, web beacons and other technologies (see our Cookies and Interest-Based Advertising Policy for more details).
If you use our Site, we may receive your generic location (such as city or neighborhood) or, with your consent, precise geographic location data from your mobile device when the app is running and when it is not running. We may, for example, receive this information when you select hotel search locations, enter your local dining city in your account profile, when you are in proximity to certain beacons, choose to publish your location in reviews you leave for Hotels on the Sites, or in your comments or communications with us. We may use and store this information to provide and improve features of our Sites, for example, to tailor our Sites on a needs-based manner to provide you more relevant content about hotels in your dining city. Please see the Your Choices section, below, for more information about how to adjust your preferences, including those related to location information.
Personal Information, Device Information, and location information are collectively referred to as "your information."
II.HOW WE USE YOUR INFORMATION
We may use your information for the following purposes ("Purposes"), to: provide you with the services, products, and functionality offered on our Sites and fulfill your requests, including, but not limited to, making reservations, reviewing hotels, paying for services, joining waitlists, sending OpenCabana Gift Cards and Merchant Gift Cards to recipients that you designate, and notifying people you add to, or otherwise request to notify of, your hotel reservations through our Sites; communicate with you about your account or use of our Sites, services, products and/or functionality; respond to, or follow up on, your comments and questions, and otherwise provide customer service; communicate with you about special offers and other marketing communications; operate and improve our Sites, products, services, and functionality; process and deliver contest entries and rewards; authenticate your credit or debit card account information, if applicable; personalize your experience on our Sites, including displaying relevant advertising; provide information, services and products to our customers, including hotels and their hotel groups and hotel affiliates; link or combine with other information we get from third parties to help understand your needs and provide you with better service; perform statistical analysis; protect, investigate, and deter against fraudulent, unauthorized, or illegal activity; comply with our policies, procedures and legal obligations; and as otherwise consented to by you and as required or permitted by applicable law. If you do not provide us with certain of your information, we may not be able to fulfill the requested Purpose of collection, such as to respond to your queries or provide our Sites to you.
We may combine your Personal Information with Device Information and location information (with your consent, where required) to serve you specifically, such as to deliver a product to you according to your preferences or restrictions, or for advertising or advertising targeting purposes. When we combine Personal Information with Device Information in this way, we treat it as, and apply all of the safeguards in this Policy applicable to, Personal Information.
Consistent with the above Purposes, we may communicate with you via electronic messages, including email, text message, or mobile push notification to, for example: send you information relating to our products and services, including reservation and waitlist confirmations and updates, receipts, technical notices, updates, security alerts, and support and administrative messages; and/or, subject to the Your Choices section, below, and/or applicable law, communicate with you about contests, offers, promotions, rewards, upcoming events, and other news about products and services offered by OpenCabana , our parent companies, our subsidiaries, our affiliates, hotels, and other business partners. With your consent, we may contact you at the mobile phone number that you provide to us by way of direct dial calls, autodialed and prerecorded message calls, and text messages in connection with the above Purposes.
Our Role as Data Controller and Data Processor. We generally act as the data controller of your information; however, under certain OpenCabana programs, hotels may engage us to provide them with certain processing services related to information owned or controlled by the hotel. We are not responsible for any hotel's use of information for which it is an owner or controller. To learn more about how a hotel may use such personal information, you should review its privacy notice.
Aggregated Information. We may aggregate information collected from you and other users as well as Device Information and location information (with your consent, where required) to produce general statistics that cannot be linked to you or any other specific user and with which we attempt to provide you with a better experience, to improve our services, and to analyze and understand how our Sites and products are used.
Retention. We will retain your information for the period necessary to fulfill the Purposes outlined in this Policy and as otherwise needed to comply with applicable law and internal company policies.
III. HOW WE SHARE YOUR INFORMATION
a. Information Shared With Hotels and Their Affiliates
When you make a dining request through our Sites, such as a hotel reservation, joining a hotel waitlist, or making a payment to a hotel through our Sites, we automatically provide certain categories of your information to the hotel in order to facilitate your request. For requests to dine, this information may include your name, dining profile, time and date of visit, party size, your phone number, your dining preferences, guest information, any special requests or comments that you choose to submit (if any), and your email address. Your information is provided to the hotel, just as it would if you contacted the hotel directly. If you provide a mobile phone number in connection with your dining request, hotels may send you text messages regarding your dining request. Some hotels also require you to provide credit or debit card account information to secure your reservation. When you make a dining request, we may also share with the hotel additional information about you, such as information about your dining activity and history, and/or information that we collect from third parties. Depending on where you reside, and as permitted by applicable law, we or the hotel may additionally share certain of your information with such hotel’s affiliated hotels (such as affiliated brands), hotel group and/or hotels with the same brand or parent-brand (collectively, such hotel’s “hotel group”), or other entities associated with such hotel (such as the parent entity of the hotel group or affiliated hotels) and/or their service providers (collectively, the associated entities and service providers, such hotel’s "hotel affiliates") under OpenCabana’s programs. Specifically, we or the hotel may share your information (such as meal or seating preferences and special occasions) with other hotels in the same hotel group to enhance the hospitality such hotel group provides you when you dine with them (such as, trying to seat you by a window, if you previously expressed a preference for window seating) (“customized service”) and to improve the hotel’s table and shift planning. In addition to providing you with more customized service, we or the hotel may, as permitted by applicable law, share your information with such hotel’s hotel affiliates to support operations, such as to perform analytics, tailor marketing to you, support a loyalty program that you have chosen to participate in, and improve their services. For more information, please feel free to contact the hotels at which you dine or book, or OpenCabana as detailed in the Contact Us section below. To learn more about your choices related to how we share your information with hotels, hotel groups, and/or hotel affiliates under our programs, please see the Your Choices section below. We may share with hotels summary reports of feedback from diners. If you provide comments about a hotel through our Sites, these comments may be shared with or may be accessible by that hotel. We will not tie your comments with other information that can identify you, but a hotel may be able to tell who you are from your comments, particularly if you give your name in the comments or provide contact information, such as an email address.
b. Information You Share Socially
Our Sites may allow you to connect and share your actions, comments, content, and information publicly or with friends. Our Sites may also allow you to connect with us on, share on, and use third-party platforms, including those on which OpenCabana has a presence. Please be mindful of your personal privacy needs and the privacy needs of others as you choose whom to connect with and what to share and make public. We cannot control the privacy or security of information you choose to make public or share with others. OpenCabana also does not control the privacy practices of third-party platforms. Please contact those sites and services directly to learn about their privacy practices.
c. Other Sharing
We do not share your information with third parties other than as described above and as follows:
IV. SECURITY OF YOUR INFORMATION
OpenCabana takes commercially reasonable technical, administrative, and physical security measures designed to protect your information from loss, misuse, unauthorized access, disclosure, alteration, and destruction. When your credit or debit card account information is being transmitted to our Sites or through our Sites, it will be protected by cryptographic protocols, such as Transport Layer Security (TLS 1.2). To be clear, OpenCabana does not itself store your credit or debit card account information, and we do not have direct control over or responsibility for your credit or debit card account information. We use third party payment processors that are the controllers of your credit card information. Our contracts with third parties that receive your credit or debit card account information require them to keep it secure and confidential. Nonetheless, we cannot guarantee that transmissions of your credit or debit card account information or your other information will always be secure or that unauthorized third parties will never be able to defeat the security measures taken by OpenCabana or our third-party service providers. Except to the extent that liability cannot be excluded or limited due to applicable law, we assume no liability or responsibility for disclosure of your information due to errors in transmission, unauthorized third-party access, or other causes beyond our control. You play an important role in keeping your information secure. You should not share your user name, password, or other security information for your OpenCabana account with anyone. If we receive instructions using your user name and password, we will consider that you have authorized the instructions. If you have reason to believe that your interaction with us is no longer secure (e.g., if you feel that the security of any account you might have with us has been compromised), please contact us immediately as detailed in the Contact Us section, below.
V. COOKIES AND OTHER TRACKING TECHNOLOGIES
VI. YOUR CHOICES
Email. If you do not want to receive marketing and promotional emails from OpenCabana, you may click on the "unsubscribe" link in the email to unsubscribe and opt-out of marketing email communications. Alternatively, to the extent that applicable law requires your prior opt-in consent to receive marketing and promotional emails, you can choose not to opt-in.
Mobile Push Notifications.You can use the settings on your mobile device to enable or turn off mobile push notifications from OpenCabana.
Text Messages. If you no longer want to receive text messages from OpenCabana, reply STOP (or as otherwise instructed) in the text message. Alternatively, to the extent that applicable law requires your prior opt-in consent to receive text messages, you can choose not to opt-in.
Cookie Choices. To exercise choices regarding cookies set through our website, as well as other types of online tracking and internet advertising, see our Cookies and Interest-Based Advertising Policy for more details.
Application location choices. As detailed in the Information We Collect section, above, we may collect information about your location if you enable location services through the settings in your mobile device, or, as required, with your consent. You can change the privacy settings of your device at any time to turn off the sharing of this location information with our Sites. If you choose to turn off location services, this could affect certain features or services of our Sites. If you have specific questions about the privacy settings of your device, we suggest you contact the manufacturer of your device or your mobile service provider for help.
Sharing with Hotels, Hotel Groups, and Hotel Affiliates. Upon request, OpenCabana can identify for you the hotels at which you have visited that would share your information with its hotel group and/or hotel affiliates (if any) as described above. If you would like to opt-out of our sharing of your information with hotels, hotel groups, and/or hotel affiliates for their own marketing purposes or other uses, you may send such opt-out requests to us as detailed in the Contact Us section, below, and withdraw your consent at any time with effect for the future. If you have an OpenCabana account, you can also opt-out of such sharing with hotel groups and/or hotel affiliates by logging into your account and changing your account preferences. Please note that certain information, such as your name and reservation details, may be required for us to share with the hotel to facilitate your dining request or other services you request on our Sites. In addition to the above methods of exercising choice, to the extent required by applicable law or as otherwise noted in the Notices to Residents of Certain Jurisdictions section below, we may provide you with additional choices regarding the processing of your information, which you may exercise by contacting us as detailed in the Contact Us section, below. You may also send requests about your contact preferences related to the items listed above or changes to your information to us as detailed in the Contact Us section, below. We will try to comply with your request as soon as reasonably practicable as required by applicable law. Please note that we may need to retain certain information for recordkeeping purposes, to complete any transactions that you began prior to your request, or for other purposes as required or permitted by applicable law. In addition, please note that even if you opt-out of receiving marketing communications from one or all of our Sites, we may need to send you service-related communications and may need to keep information we have collected about you for record-keeping, research, and other purposes.
VII. ACCESS AND CORRECTION OF YOUR INFORMATION
If you have created an online account with us and would like to update the information you have provided to us, you can access your account to view and make changes or corrections to your information. You may also contact us as detailed in the Contact Us section, below.
VIII. LINKS TO OTHER WEBSITES
Our Sites may contain links to other websites or services that are not owned or controlled by OpenCabana, including links to websites of hotels and our advertisers, sponsors, and partners. This Policy only applies to information collected by our Sites. We have no control over these third party websites, and your use of third party websites and features are subject to privacy policies posted on those websites. We are not responsible or liable for the privacy or business practices of any third party websites linked to our Sites. Your use of third parties' websites linked to our Sites is at your own risk, so we encourage you to read the privacy policies of any linked third party
IX. CHANGES TO THIS POLICY
Except to the extent limited by applicable law, we reserve the right to update this Policy to reflect changes to our information practices by prominently posting notice of the update on our Sites, and as required, obtaining your consent. Any updates will become effective immediately after posting the updates to this Policy and apply to all information collected about you, or where required, upon your consent. You agree that you will review this Policy periodically. If we make any changes to this Policy, we will change the "Last Updated" date above. You are free to decide whether or not to accept a modified version of this Policy, but accepting this Policy, as modified, is required for you to continue using our Sites. If you do not agree to the terms of this Policy or any modified version of this Policy, your sole recourse is to terminate your use of our Sites. If we make any changes to this Policy that materially impacts previously collected information about you, we will obtain your prior express consent.
X. CONTACT US
If you have any questions about this Policy or information we have collected about you, please contact us by email at privacy@OpenCabana.com or by postal mail at:
OpenCabana, LLC. 1616 SE 8th St. Fort Lauderdale, FL 33316, U.S.A. Attention: Legal Department
XI. NOTICES TO RESIDENTS OF CERTAIN JURISDICTIONS
California Residents - Your California Privacy Rights.
As described in this Policy, OpenCabana may share your personal information with third parties for such parties' direct marketing purposes. Under California's "Shine the Light" law, if you are a California resident who provides personal information in obtaining products or services for personal, family, or household use, you may request to opt-out of such sharing at no-cost by following the instructions in the Your Choices section above, or by contacting OpenCabana as detailed in the Contact Us section above.