Privacy Policy

This Privacy Notice (“Privacy Notice”) was last modified as of November 13, 2020.

1. INTRODUCTION

This Privacy Notice is provided by Margaritaburg, LLC, Margaritaburg Sharks, LLC, Daiq Shack Gatlinburg, LLC, and their affiliates and subsidiaries (referred to in this Privacy Notice as “Margaritaville Resort Gatlinburg”, the “Company”, “we”, “us” and “our”). Margaritaville Resort Gatlinburg is based in Gatlinburg, Tennessee. Our headquarters are located at 7100B Kingston Pike, Knoxville, TN 37919. We are committed to keeping any and all personal information collected of those individuals that visit our website and make use of our facilities and services accurate, confidential, secure and private. This Privacy Notice will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you. This Privacy Notice has been designed and created to assure you of our commitment and realization of our obligation to meet existing privacy standards. This Privacy Notice also describes how Margaritaville Resort Gatlinburg collects, uses, shares, and retains personal information that you provide to us, or that we collect, when you use the Margaritaville Resort Gatlinburg website located at www.margaritavilleresorts.com/margaritaville-resort-gatlinburg. This Privacy Notice shall apply to the Company and shall govern any and all data collection and usage thereof, and any website operated by the Company on which this Privacy Notice is posted (collectively, the “Site”), when you use or purchase any of our products or services, or when you interact with our content, social media pages, or mobile applications made available on the Site (the Site, services, content and applications are collectively defined in this Privacy Notice as the “Service”). Through the use of the Service, you are consenting to the following data procedures expressed within this Privacy Notice.

1.1 - Acceptance of Terms

Through the use of this Site, you are hereby accepting the terms and conditions stipulated within this Privacy Notice. If you are not in agreement with our terms and conditions, then you should refrain from further use of our Site. In addition, your continued use of our Site following the posting of any updates or changes to our terms and conditions shall mean that you are in agreement and have accepted such changes.

2. WHAT DATA DOES MARGARITAVILLE RESORT GATLINBURG COLLECT?

2.1 - General Description

We collect personal information and non-personal user data from the Service, as further described in this Privacy Notice. The specific data Margaritaville Resort Gatlinburg collects, stores, and processes depends on which of our products and services you use and how you use them. Personal information means information that identifies, describes, or is reasonably capable of being associated with a particular consumer, and includes identifiers such as a name, online identifiers such as device ID, and email address.

2.2 - Data You Voluntarily Provide through the Service

We may collect, use, store, and transfer different kinds of personal data about you which we have grouped together as follows:

• Identity Data includes first name, maiden name, middle name, last name, username, or similar identifier, marital status, title, date of birth, and gender.
• Contact Data includes billing address, delivery address, email address, and telephone numbers.
• Financial Data includes bank account and payment card details.
• Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
• Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this Site.
• Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback, and survey responses. Usage Data includes information about how you use our Site, products, and services.
• Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
• We also collect, use, and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data by law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Notice.
• We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offenses.

2.3 - Information Automatically Collected Through the Service Including Location Information

We may automatically collect information about you when you use the Service. For example, we will automatically collect Technical Data and information, which may not be personal information, such as your equipment, browsing actions and patterns, browser type and version, computer and connection information and standard web log information. If you access the Service through a mobile device, we may also be able to identify the location of your mobile device. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our Cookies Policy for further details. You may choose not to share your location details with us by adjusting your mobile device’s location services settings. For instructions on changing the relevant settings, please contact your service provider or device manufacturer.

2.4 - Information That You Post

If you post information on public areas of the Service, that information may be collected and used by the Company, other users of the Service, and the public generally. We strongly recommend that you do not post any information through the Service that allows strangers to identify or locate you or that you otherwise do not want to share with the public.

2.5 - Information That You Share

We use different methods to collect data from and about you including through direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by postal mail, phone, email, or otherwise. This includes personal data you provide when you:

• make an order for our products or services;
• create an account on our Site;
• subscribe to our service or publications;
• request marketing to be sent to you;
• enter a competition, promotion or survey;
• log in to Wi-Fi provided by the Company;
• or give us feedback or contact us.

3. WHAT DATA DO THIRD PARTIES COLLECT THROUGH THE SERVICE?

3.1 - Third Party Data

We may receive personal data about you from various third parties and public sources as set out below:

• Identity, Contact, Marketing and Communications, and Profile Data from other members of the Company or third-party partners that we may use to facilitate your transactions with us, such as online or traditional travel agents, or wholesale or group sales vendors.
• Technical and Usage Data from the following parties:
  • (a) analytics providers such as Adobe, Google, or Amazon Web Services;
  • (b) advertising networks such as Adsense; and
  • (c) search engines such as Google or Bing.
• Contact, Financial and Transaction Data from providers of technical, payment and delivery services. When we process an order, we may also send your data to, and use the resulting information from, credit reference agencies to prevent fraudulent purchases.

Please rest assured that this Site shall only collect personal information that you knowingly and willingly provide by way of surveys, completed online profiles or accounts, emails, and other correspondence with us, or information about the type of browser you are using, IP address or type of operating system to assist us in providing and maintaining superior quality service. It is the intent of this Site to use personal information only for the purpose for which it was requested and any additional uses specifically provided on this Site.

It is highly recommended and suggested that you review the privacy policies and statements of any website you choose to use or frequent as a means to better understand the way in which other websites garner, make use of and share information collected.

3.2 - Adobe Analytics and Google Analytics

We may use Adobe Analytics and Google Analytics, web analysis services provided by Adobe and Google, in order to better understand your use of our Site and how we can improve it. Both of these services (Adobe Analytics and Google Analytics) collect information such as how often users visit a website, what pages you visit when you do so, and what other websites you used prior to coming to such website. These services collect only the IP address assigned to you on the date you visit a website, rather than your name or other identifying information. We do not combine the information collected through the use of Adobe Analytics or Google Analytics with your personal information. Although Adobe Analytics and Google Analytics plant permanent cookies on your web browser to identify you as a unique user the next time you visit a website, the cookies cannot be used by anyone but Adobe and Google. Adobe and Google’s ability to use and share information collected by Adobe Analytics and Google Analytics about your visits to the Site is restricted by the Adobe Analytics and Google Analytics Terms of Use and the Adobe Privacy Policy and the Google Privacy Policy. Adobe and Google utilize the data collected to track and examine the use of the Site, to prepare reports on its activities and share them with other Adobe and Google services. Adobe and Google may each use the data collected on the Site to contextualize and personalize the ads of their own advertising networks. To more fully understand how Google may use the data it collects on the Site, please review “How Google uses information from sites or apps that use our services” (located here or any successor URL). To more fully understand how Adobe may use the data it collects on the Site, please review “How Adobe uses information from sites or apps that use our services” (located here or any successor URL).

3.3 - Information Collected by Third Parties through Third Party Links and Content

The Site may include links to other websites and other content from third party businesses. These third party businesses may collect information about you. Margaritaville Resort Gatlinburg does not have access to or control over these third parties or the cookies, web beacons, or other technology that these third parties may use. We are not responsible for the privacy practices of these third parties or the content on any third party website. You are encouraged to review the privacy policies of the different websites you visit and of the advertisers whose ads you may choose to click while on our Service (also please see our Cookies Policy for additional information about Online Advertising).

4. COOKIES

We and our partners may use various technologies to collect and store information when you use our Services, and this may include using cookies and similar tracking technologies, such as pixels and web beacons. They also allow us to collect information such as the IP address, browser, email client type and other similar details. We use this information to measure the performance of our email campaigns, and to provide analytics information and enhance the effectiveness of our Services. Reports are also available to us when we send emails to you, so we may collect and review that information. We, and/or our third party service providers, may use the information collected from cookies or similar files on your computer for security purposes (such as authentication), to facilitate site navigation and to personalize your experience. This data helps us and our third party service providers improve our respective products and services.

5. HOW DO WE USE YOUR INFORMATION?

5.1 - Fulfilling Requests

If you provide your information to us for a particular purpose we will use the information you provide for the applicable purpose. Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

5.2 - Use of Information

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

• Where we need to perform the contract we are about to enter into or have entered into with you.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
• Where we need to comply with a legal obligation.

6. HOW DO WE SHARE YOUR INFORMATION?

We may share your personal information and other information with third parties in some circumstances as follows:

6.1 - Margaritaville Enterprises, LLC and Affiliates

We may share your personal information with our Licensor, Margaritaville Enterprises, LLC and its affiliates for purposes such as customer relations management, administering a customer loyalty program, and general Margaritaville brand updates and communications.

6.2 - Third-Party Processors and Third-Party Service Providers

Margaritaville Resort Gatlinburg engages other companies to perform functions on our behalf (collectively, “Service Providers”), such as operating and supporting the Service, analyzing data, or performing marketing or consulting services. These Service Providers will only have access to the information needed to perform these limited functions on our behalf but are prohibited by contract from using the information for other purposes, except as permitted by law or upon your consent.

We also act as a service provider to parties such as our business partners. For example, we may use personal information to run a loyalty program, customer relations management services, and customer reservation services.

6.3 - Aggregate & Deidentified Information

We may share aggregate information relating to users of the Service with affiliated or unaffiliated third parties. We also may use and share some information that has been deidentified in accordance with applicable legal standards.

6.4 - Marketing Partners and Promotional Offers

At times, as permitted by law, we may use your Identity, Contact, Technical, Usage and Profile Data as a means to keep you informed of other possible products and/or services that may be available to you from the Company, our subsidiaries and affiliates, and our licensors. The Company may also be in contact with you with regards to completing surveys and/or research questionnaires related to your opinion of current or potential future services that may be offered. You may receive marketing communications from us and our subsidiaries and affiliates if you have requested information from us or purchased goods or services from us and you have not opted out of receiving that marketing.

Additionally, as permitted by applicable law or based on your consent, we may share your personal information with our business partners for marketing purposes such as reservation management, customer relations management (e.g., customizing your preferences when you stay at a resort), or administering a customer loyalty program. If you would like us to stop providing your personal information as described above, by following the opt-out links in any marketing message sent to you, or you may opt-out by using the information provided in Sections 15 (Unsubscribe or Opt-Out) and 16 (How to Contact Us).

6.5 - Digital Millennium Copyright Act Notices

We will share your information with third parties if you submit a Digital Millennium Copyright Act (“DMCA”) Notification (or Counter Notification) as described in the DMCA Policy located at www.margaritaville.com/terms, or if you are the person responsible for uploading the material addressed in a notification that is submitted to us.

6.6 - To Protect You, Us, or Others

We may share your personal information if we believe, in good faith, that such disclosure would protect your interests or rights, safety, or the interests or rights of others, including Margaritaville Resort Gatlinburg and its personnel. Additionally, we may find it beneficial to share specific data with our trusted partners in an effort to conduct statistical analysis, provide you with email, text messages and/or postal mail, deliver support and/or arrange for deliveries to be made, or otherwise for the purposes described herein. Any third parties shall be strictly prohibited from making use of your personal data, other than to deliver those services which you requested, and as such they are thus required, in accordance with this Privacy Notice, to maintain the strictest of confidentiality with regards to all your information. We may share your personal data with internal third parties (that is, other companies in the Company) or External Third Parties (as set out herein).

We may deem it necessary to follow websites and/or pages that our users may frequent in an effort to glean what types of services and/or products may be the most popular to customers or the general public.

We may disclose your personal information, without prior notice to you, only if required to do so in accordance with applicable laws and/or in a good faith belief that such action is deemed necessary or is required in an effort to:

• Remain in conformance with any decrees, laws, and/or statutes or in an effort to comply with any process which may be served upon the Company and/or our website. Additionally, to the extent permitted by law, we will disclose your information to government authorities or third parties if: (a) we believe in our sole discretion that disclosure is reasonably necessary to protect against fraud, to protect our property or other rights or those of other users, third parties, or the public at large; (b) we believe that you have abused the Service by using it to attack other systems or to gain unauthorized access to any other system, to engage in spamming or otherwise to violate applicable laws; (c) in response to a request from law enforcement authorities or other government officials, including to meet national security requirements; or (d) when we believe disclosure is reasonably necessary or appropriate to prevent physical harm or financial loss in connection with an investigation of suspected or illegal activity;
• Maintain, safeguard and/or preserve all the rights and/or property of the Company; and
• Perform under demanding conditions in an effort to safeguard the personal safety of users of the Site and Services and/or the general public.

We may also disclose your personal information to third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this Privacy Notice.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

6.7 - Change of Purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

7. WHERE IS THE DATA PROCESSED & STORED?

7.1 - International Data Transfers from the European Union

The Company’s headquarters are located in the United States. Information we collect from you will be processed in the United States. The United States has not sought or received a finding of “adequacy” from the European Union under Article 45 of the General Data Protection Regulation (GDPR). We rely on certain derogations for specific situations as set forth in Article 49 of the GDPR. In particular, we collect and transfer to the United States personal data only: with your consent, to perform a contract with you, or to fulfill a compelling legitimate interest of the Company that does not outweigh your rights and freedoms. The Company endeavors to apply suitable safeguards to protect the privacy and security of your personal data and to use it only consistent with your relationship with us and the practices described in this Privacy Notice. The Company also enters into data processing agreements with its vendors whenever feasible and appropriate.

7.2 - Data Security

The Company has put in place appropriate security measures and shall take reasonable precautions to maintain adequate physical, procedural and technical security with respect to our offices and information storage facilities so as to prevent any loss, misuse, unauthorized access, disclosure, or modification of the user’s personal information under our control. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

7.3 - Data Retention

We will only retain your personal data for as long as reasonably necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

In some circumstances we will anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

8. RESPONDING TO CONCERNS

We take your privacy concerns seriously. If you believe that Margaritaville Resort Gatlinburg has not adhered to this Privacy Notice, please contact us using the information provided in Section 16 (How to Contact Us) below with the subject line: “Privacy Concern”. In your email, please describe the ways in which you believe that this Privacy Notice has not been complied with or does not comply with applicable law. We will respond to your email in the ordinary course of business.

9. CHILDREN

The website is not directed to children under the age of 18 years. We do not knowingly collect Personal Information from anyone under the age of 18. By using the website, you represent and warrant that you are at least 18 years old. If you are under age 18, do not use or provide any information on this website or through any of its features, utilize any Service, or provide any information about yourself to us. If we become aware that a user is under the age of 18 and has registered or otherwise provided Personal Information to us, we will cancel the corresponding registration and delete such information from our records. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without his or her consent, he or she should contact us using the information provided in Sections 15 (Unsubscribe or Opt-Out) and 16 (How to Contact Us).

10. DATA SUBJECT RIGHTS – CALIFORNIA RESIDENTS

This portion of our Privacy Notice advises California residents of the applicable rights as provided in the California Consumer Privacy Act (“CCPA”) and how to exercise these rights by communicating with us. We provide you with the rights described below when you use our Services. Please note that we will seek to verify your identity when we receive an individual rights request from you in order to ensure the security of your personal information. For purposes of this section, “Personal Information” is defined as information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. If a California resident wishes to make any of the requests described below, such as access and deletion, he or she may contact us using the information provided in Sections 15 (Unsubscribe or Opt-Out) and 16 (How to Contact Us).

10.1 - Right to Deletion of Personal Information

California residents have the right to request the deletion of Personal Information as prescribed in Section 1798.105(a) of the CCPA. Margaritaville Resort Gatlinburg may not delete some or all Personal Information if such Personal Information is necessary for us, or our service providers or affiliates, to: Complete the transaction for which the Personal Information was collected, provide a good or service requested by the consumer, or reasonably anticipated within the context of Margaritaville Resort Gatlinburg’s ongoing business relationship with the consumer, or otherwise perform a contract between Margaritaville Resort Gatlinburg and the consumer, Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity, Debug to identify and repair errors that impair existing intended functionality, Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law, Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code, Enable solely internal uses that are reasonably aligned with the expectations of the consumer based on the consumer’s relationship with Margaritaville Resort Gatlinburg, Comply with a legal obligation, or Otherwise use the consumer’s Personal Information, internally, in a lawful manner that is compatible with the context in which the consumer provided the Personal Information.

10.2 - Right of Access: Right to Request Disclosure of Data Collection and Sharing Practices

You may request to receive details about how we may collect, use, and share your Personal Information. Specifically, you may request to receive the specific pieces of information that we have collected about you by contacting us using the information provided in Sections 15 (Unsubscribe or Opt-Out) and 16 (How to Contact Us).

You may also request to receive:

• the categories of Personal Information that we have collected about you,
• the categories of Personal Information that we have disclosed for a business purpose,
• the categories of sources from which we collected the Personal Information,
• our purposes for collecting that Personal Information, and
• the categories of parties with whom we share your Personal Information.

10.3 Right to not be Discriminated Against for Exercising your Rights

We do not discriminate against you for exercising any of your CCPA rights, such as your access and deletion rights described above. However, we may offer you rewards (such as through our loyalty program) or benefits (such as customizing your experience at a resort) which we need your data to provide, but we will only provide those rewards or benefits if their value to you is reasonably related to the value provided to Margaritaville Resort Gatlinburg by your Personal Information.

10.4 - Categories of Personal Information Collected about California Consumers and the Purposes of Such Collection

We collect identifiers that you may choose to provide to us, such as your name, email address, mailing address, phone number, birthday, and age. We use this information to communicate with you, market goods and services, and to provide you with goods and services. We collect and use identifiers (such as a username) you may choose to provide to us, and the content of your communications when you post information on our online message boards or online public forums. We use this information to run our online message boards or online public forums.

10.5 - Categories of Personal Information Sold about California Consumers

Sharing Personal Information

We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter into a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

We share your personal information with the following categories of third parties:

• Service providers.

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, the Company has disclosed the following categories of personal information for a business purpose to its service providers:

• Category A: Identifiers.
• Category B: California Customer Records personal information categories.
• Category D: Commercial information.
• Category F: Internet or other similar network activity.
• Category G: Geolocation data.

Sales of Personal Information

In the preceding twelve (12) months, the Company has not sold personal information.

10.6 - Categories of Personal Information Disclosed for a Business Purpose

Margaritaville Resort Gatlinburg discloses identifiers (e.g., name or email address), internet activity, consumer history, and consumers’ preferences to provide marketing and analytics services to its business partners.

10.7 - Removing Content on Public Forums

If you are a California resident between the age of 13 and 18 and, in violation of this Privacy Policy, are a registered user on the Service and participate in the online public forums offered through the Service, you may request that we remove content or information about you that you posted by (a) submitting a request using the contact information provided in Section 16 (How to Contact Us), with the subject: “Deletion Request”, and (b) clearly identifying the content or information you wish to have removed and providing sufficient information to allow us to locate the content or information to be removed. However, please note that we are not required to erase or otherwise eliminate content or information if (i) other state or federal laws require us or a third party to maintain the content or information; (ii) the content or information was posted, stored, or republished by another user; (iii) the content or information is anonymized so that you cannot be individually identified; (iv) you do not follow the instructions posted in this Privacy Notice on how to request removal of your content or information; or (v) you have received compensation or other consideration for providing the content. Further, nothing in this provision shall be construed to limit the authority of a law enforcement agency to obtain the applicable content or information.

10.8 - Responding to Do not Track Requests

We are required to indicate whether we honor “Do Not Track” settings in your browser concerning targeted advertising. “Do Not Track” is a standard that is currently under development. As it is not yet finalized, we adhere to the standards set out in this Privacy Notice and do not monitor or follow any Do Not Track browser requests.

11. DATA RETENTION

We will retain your personal information only for as long as reasonably necessary for the purposes described in this Privacy Notice. Please be aware that we may also be required to retain your personal information for legal and accounting reasons.

12. COOKIES AND OTHER TECHNOLOGIES

Please note that certain information about your computer hardware and software and browsing actions and patterns may be collected by the Company through automatic data collection technologies as you navigate through and interact with this Site. This information is used by the Company for operation of, and to maintain the quality of, our Site and our business, and to provide general statistics regarding use of our Site. The technologies we use for this automatic data collection may include:

• Cookies. A “cookie” is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.  There are a number of different types of cookies; however, our Site uses cookies for the following purposes:
  • Functionality. The Company uses these cookies so that we recognize you on our Site and remember your previously selected preferences. This includes settings such as language preferences and what location you are in. A mix of first-party and third-party cookies are used.
  • Advertising. The Company uses these cookies to collect information about your visit to our Site, the content you viewed, the links you followed and information about your browser, device, and your IP address. The Company sometimes shares limited aspects of this data with third parties for advertising purposes. We may also share online data collected through cookies with our advertising partners. This means that when you visit another website, you may be shown advertising based on your browsing patterns on our Site.
  • Web Beacons. Pages of the Site and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (such as recording the popularity of certain website content and verifying system and server integrity).

12.1 - Use of Cookies

This Site uses cookies to help personalize your online experience.

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the web server that you have returned to a specific page. For example, if you visit certain pages of our website, a cookie helps the website to recall your specific information on subsequent visits. When you return to the same website, the information you previously provided can be retrieved. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. Please see the “Browser Settings and Opting out of Cookies” subsection below for more information about managing your computer’s settings for cookies.

12.2 - Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications on our Site are served by third parties, including servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Site. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. You may also be able to opt out of receiving targeted advertising from many providers as provided below.

12.3 - Browser Settings and Opting Out of Cookies

Certain mechanisms are available to you on your browser settings that provide you with the following control over your information. You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. To learn how you can manage your Flash cookies settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this Site may become inaccessible or not function properly. 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 opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on NAI’s website.

13. CHANGES TO THIS PRIVACY POLICY

We reserve the right to update and/or change the terms of our Privacy Notice, and as such we will post those changes to our site homepage at www.margaritavilleresorts.com/margaritaville-resort-gatlinburg, so that our users and/or visitors are always aware of the type of information we collect, how it will be used, and under what circumstances, if any, we may disclose such information. If at any point in time the Company decides to make use of any personal data on file, in a manner vastly different from that which was stated when this information was initially collected, the user or users shall be promptly notified by email. Users at that time shall have the option as to whether or not to permit the use of their information in this separate manner.

We keep our Privacy Notice under regular review. This version was last updated on November 13, 2020. Previous versions are archived here.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

14. YOUR LEGAL RIGHTS

Under certain circumstances, you have legal rights under data protection laws in relation to your personal data.  These rights include:

• Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
• Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
• Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
• Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
• Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: If you want us to establish the data’s accuracy. Where our use of the data is unlawful but you do not want us to erase it. Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims. You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
• Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
• Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent. If you wish to exercise any of the rights set out above, please contact us in accordance with Section 16 (How to Contact Us).

15. UNSUBSCRIBE OR OPT-OUT

All users and/or visitors to our Site have the option to discontinue receiving communication from us and/or reserve the right to discontinue receiving communications by way of email, text messages or newsletters. To discontinue or unsubscribe to our Site you can use the unsubscribe link including in all promotional or marketing communications or send an email that you wish to unsubscribe to info@margaritavilleresortgatlinburg.com. If you wish to unsubscribe or opt-out from any third party websites, you must go to that specific website to unsubscribe and/or opt-out. Nevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request to the email address set forth above. However, please know we do not currently sell data triggering that statute’s opt-out requirements.

16. HOW TO CONTACT US

If you have any questions or concerns regarding this Privacy Notice or our privacy practices, please feel free to contact our data privacy manager at the following email, telephone number or mailing address.

Mailing Address:

Margaritaburg, LLC 7100B Kingston P Knoxville, TN 37919

Attn: Margaritaville Privacy Manager

Email address: legal@margaritavilleresortgatlinburg.com

Telephone number: (865) 584-4245

GLOSSARY

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

External Third Parties are:

• Service providers who provide IT and system administration services, credit card processing services, and merchant processing services.
• Professional advisers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance, and accounting services.
• Market researchers, fraud prevention agencies, and price comparison sites.