Privacy Policy

TIMBERS COMPANY

PRIVACY POLICY STATEMENT
Effective 2021
This Privacy Policy Statement (“Privacy Policy”) discloses the privacy practices for personal data collected by, or submitted to, the Timbers family of companies (together, “Timbers,” “we,” “us” or “our”).

This Privacy Policy describes our data practices. It applies when you transact business with us or provide personal data to us, through websites for resorts in our collection, including resort-specific owners application websites (the “Sites”), by email, mail, fax, telephone or otherwise (for example, at our resort locations, or to our customer service or concierge agents).
We encourage you to read this Privacy Policy carefully when using our Sites or services or transacting business with us. By using our Sites, you are accepting the practices described in this Privacy Policy.
 

In the event this Privacy Policy conflicts with any applicable law or any other agreement between you and Timbers, such applicable law or other agreement shall govern.


Types of information collected and legitimate reasons for processing.
The types of information we collect depends on your interactions with us, the services you use, the goods you obtain and your physical presence on our properties or in our offices. The information includes but is not limited to:
Your personal information. This information may include your name, email address, home, work or similar address, telephone number, birth date, gender, social media handle or other similar contact information.
Your stay information. This information may include your current, pending and previous stays with us, your requirements and preferences, companion and children information, special instructions, preferred room type, preferred floor, amenities used, language preferences, interests and hobbies, services used, room service information, dietary requirements, telephone numbers dialed, telephone messages, and facsimile communications sent or received.
Your identification information. This information may include your government-issued documents which may include your driver’s license information, your passport information, profession or work identification, and/or other similar identification documentation.
Your billing information. This information may include your credit card and/or debit card information, billing preferences, wiring/banking instructions, corporate billing account information and the like.
Your communications. This information may include information you sent to us which includes your emails, text messages, direct messaging, social media posts, instant messages, in-app communications, reviews, feedback, comment cards, preference cards, survey responses, sweepstakes and promotional offer responses from us or affiliates.
Your demographic information. This information may include general demographic information such as your age, gender identity, place of residence, occupation, family status and/or income information.
Internet and computer details. When you interact with us online, this information may include your IP addresses, MAC address, geographic location, and if you login to an account, your online account usage details, messages and emails sent to us, page view and linger time, referring and exiting websites, and similar details. Likewise, to the extent you interact through us via social media, we may collect your social media account information, messaging, “likes”, account handle/user name, and similar information.
Partner account details. This information may include your affinity account details such as with airlines, car rental companies as well as related packages your may have purchased through us.
Surveillance. For the safety and security of you as well as that of our other visitors, guests, team members, vendors and the like, we may use video cameras (some of which may be non-obvious and also receive and record sound) in public areas to surveil and we may make and keep recordings of such video and audio. We will only do so, however, consistent with applicable law, in public places where there is no expectation of privacy. We do not use surveillance in guest rooms, bathrooms, private sauna areas and the like.
Recorded Calls. While we do not record every call, we may record or monitor some calls for quality assurance, training or security purposes when, where and how permitted by applicable law or otherwise based upon your consent.
Corporate Information. This information may include corporate account details and terms, associated contract and rate details, vendor details, authorized representative identity and contact information, and the same and/or similar information related to travel agents, booking agents, and/or event planners.
Other Information. This information may include other types of information that you voluntarily choose to provide to us.


In general, we use and process this information in order to provide to you the services and products you obtain from us, to operate our business, including to market to you, and at times to comply with applicable law. We also use this information to allow you to order or schedule services, to receive support for the services we provide, to allow us to contact you to provide those services, or otherwise to better serve you.

We also use the information we collect to tailor and improve your experience while using our website, web-app, our properties and/or our products and services. In some instances, if you choose not to provide requested information, you may not be able to access all of our information and services.

Thus, the lawful basis for our processing of this information is:

a. Consent. Via the clear consent you provided to us, or provided to a third party, permitting us to process.

b. Contract. You have entered into a contract with us and we must process the information in order to comply with the requirements of that contract.

c. Legal obligation. We are required to process the information in order to comply with the law, including audit requirements, and/or law enforcement.

d. Legitimate interests. We otherwise have a legitimate interest in processing the information.

Collection of personal information by third parties.

This privacy policy governs our use and collection of your information. We do not control or establish the privacy policy of third-parties except to the extent we provide your information to them pursuant to a contract. That is, if you choose to directly interact with a vendor while on our property (e.g. a rental car company, or excursion company) we do not control their privacy policies. Likewise, if you choose to use a link from our website to a third-party site, we do not control their privacy policies. Rather, your questions and concerns with such third parties should be directed to them.

Our collection of personal information from third parties.

We receive some information from third party companies, such as booking sites, airlines, rental car companies and the like. In general, we use this information to fulfill our obligations to you to provide goods and services. Likewise, we may on occasion receive information from third-parties for our marketing purposes, but only when those third parties have the rights to use such information for marketing purposes and to provide it to us.

We also receive some personal information from third parties, such as from our business affiliates, through technology such as:

● Their use of cookies (text files placed on your computer by a web page server);

● Their use of web pixels and other similar web technologies, and when you use third-party services, such as booking sites, to make a reservation; and,

● Other technologies that may be invented in the future.

Internet-related collection of non-personal information.

We may automatically collect non-personal data about visitors to our Sites, such as: number of visitors, Internet Protocol (IP) address, MAC address, browser type, operating system and pages viewed, device type and geographic location.

We use this data altogether to determine how visitors use our Sites, so we can improve your experience on our Sites. We may provide this anonymous, statistical data to third parties.

We may use computer cookies or other technologies (such as Google Analytics) to collect such non-personal data. You can turn off the ability to receive any of these cookies by adjusting the browser settings on your computer. If you refuse cookies, however, you may not be able to access or use some of the features we offer on our Sites.

To learn more about cookies: www.whatarecookies.com

To learn about Google Analytics: https://en.wikipedia.org/wiki/Google_Analytics

How we share or disclose your information.

In the past twelve months, we have disclosed or shared information in the following ways:

• Our Properties. We routinely provide information to our properties so that we may fulfill reservations, provide services, tailor your experience, honor your requests, provide accurate billing, make reservations in your behalf, and communicate with you about amenities and additional experiences on or off property, and the like.

• Affiliate Properties. We have contractual relationships with certain affiliate companies and their properties, that we do not own or control, but with which you may stay through your relationship with us. As with “our properties” above, we provide your information to those affiliates for the same and similar purposes. Such affiliates may then use your information pursuant to their privacy policy and consistent with applicable law.

• Our Commercial Contractors. Like many companies, we outsource some of our business functions to third party contractors and may, if appropriate, share your information with them. Such outsourcing may include, data and website hosting, cloud-based software, payment and credit card processing/financial services, order fulfilment, marketing and marketing analysis and the like. Moreover, we sometimes retain contractors to provide goods and/or services on our properties. Likewise, we also routinely retain professionals to provide services to us and we may at times share your information with them, e.g. accountants, lawyers, marketers, consultants and similar persons/entities. Such relationships are contractual and such contracts specify how they may use your information.

• Travel Vendors. We may share your personal information with our travel related partners to offer you single-source travel arrangements. At your request, we may also provide your information to rental car companies and to third-parties which provide excursions to hotel guests. The information provided to these third parties is governed by their privacy policies as they may be.

• Social Media. If you make public posts on social media or similar public Internet-related posts, we may share that information with other persons via our own posts on social media or the Internet. We may likewise share those posts with our “commercial contractors” (above) for their analysis, response, consideration and the like. Obviously, we are not responsible for the privacy policies of non-Timbers Internet sites or applications (“Apps”).

• Aggregated or Anonymized Data. We may at times aggregate data such that it is inherently anonymous, or we may anonymize specific data. We use such data for analysis and we may at times share it with third-parties; however, such third parties are not able to determine from such data that it is regarding any particular individual.

• Legal Obligation. From time to time we may provide your information in response to legal process such as a subpoena or in response to law enforcement requirements. We will likewise share your information if we believe appropriate with emergency services, law enforcement, search and rescue or similar entities if we believe necessary to protect life, avoid bodily injury or to prevent crime. Similarly, from time to time we may also share your information with our lawyers in order to enforce our rights under law.

• Co-Sponsors of Promotions and Sweepstakes. At times we may share your information with affiliates and/or unaffiliated business partners that serve as co-sponsors or third-party sponsors of promotions, sweepstakes, or other contests if you choose to participate.

Information of persons under eighteen years of age.

In reserving a stay, you may indicate to us that a person(s) in your party is under eighteen years of age. At our property you may provide details about such persons who are under eighteen in order to facilitate their use of the property and its amenities. In doing so, you consent to our use and possession of that information in order to fulfill the services you have requested. We do not use the specific, identifying personal information of persons under the age of eighteen to directly market to them, or for purposes other than fulfilling your request. We may, however, use anonymized information for internal statistical and business purposes or to market to you.

We do not knowingly collect personally identifying information from anyone that is under the age of eighteen years of age. If you learn that your child has provided personally identifying information to us, then please send an email to [email protected] so that we may remove this information.

Privacy choices you may make.

If you wish to verify or modify any of the data you have submitted to us, please contact us at any time via the email address or phone number provided below under “Contact Information.”

We give you the opportunity to opt out of receiving direct marketing information from us. This means that we may use the data you provide for direct marketing or market research purposes unless you take affirmative action to indicate that you do not want to receive marketing materials, for instance by clicking or checking the appropriate option or box at the point of collection.

You may also make your choices known by:

● Email communications. Opt-out by contacting us or clicking on the ‘Update Preferences’ link at the bottom of every email.

● Text messaging. Opt-out by notifying the front desk of the resort or by using the unsubscribe option provided in the text message. Please note we use text messaging to communicate information to you while you are staying on our properties which may include service information as well as special offers. In some instances, if you have requested information, we may send texts to you regarding ownership opportunities or similar offerings.

● Interest-based advertising. Opt-out of targeted advertising, by visiting the Digital Advertising Alliance, Network Advertising Initiative.

● Analytics. Opt-out from Google Analytics by visiting: https://tools.google.com/dlpage/gaoptout.

Finally, you can opt out of receiving marketing information at any time. If you do not want to be included on our email or marketing list, you can easily opt out by sending an email to [email protected].

Your California, Virginia and Colorado privacy rights.

The rights of all California residents are below, and we extend these same rights to all customers. This section provides additional details about the personal information we collect about California consumers and the rights afforded to them under the California Consumer Privacy Act (“CCPA”). You have the same or similar rights if you are a resident of Virginia or Colorado.

With respect to the information we collected in the last 12 months, please review the section above titled, “Types of information collected and legitimate reasons for processing.” as well as the section titled, “Our collection of information from third parties.” This section also explains the business and commercial purposes for its collection and use. We share this information with the third parties described in the "How we share or disclose your information." section above.

Subject to certain exemptions, the CCPA/R provides California consumers the right to:

● request to know more details about the categories and specific pieces of personal information we collect;

● delete their personal information, to opt out of any “sales” that may be occurring;

● and to not be discriminated against for exercising these rights.

If your information falls into one of the legal exemptions included in the CCPA, we may be unable to fulfill your request.

We do not “sell” or “provide in exchange for value” the personal information we collect (and will not sell it in the future without providing a right to opt out).

To exercise your rights under the CCPA/R, please contact as indicated below in the “Contact section.”

European Union visitor rights.

In accordance with GDPR, you may have the right to make requests including but not limited to: access to your personal data, correction of your personal data, object to some processing of your personal data, restriction of processing your personal data, transfer of your personal data, withdraw consent, file a complaint. To exercise your rights under the GDPR, please contact as indicated below in the “Contact section.”  

Our commitment to security.

We use and deploy commercially reasonable safeguards to keep your information confidential and prevent access to it by unauthorized individuals. No security, however, is perfect or a guarantee that it cannot be improperly accessed. That level of security simply does not exist. If you intend to transmit to us particularly sensitive information, we ask that you contact us prior to doing so, so that we may discuss an appropriate and more secure manner for doing so, e.g. via encrypted platform or similar. Simply transmitting information “over the Internet” does not prevent it from being improperly and unlawfully accessed by third parties.

Links to third party websites.

Our website may contain advertisements and links to third-party sites (“Third-Party Websites”) over which Timbers has no control. Timbers is not responsible for the privacy policies of such Third-Party Websites. Timbers encourages you to review the privacy policies of those Third-Party Websites so that you understand if/how they collect and/or use data from you or your computer.

Changes to this privacy policy.

Timbers may amend this privacy policy at any time in its sole discretion, subject to any applicable laws. Please review this privacy policy periodically to confirm your continued agreement with the terms contained herein, as the same may be amended from time to time.

Contact Information.

You may contact us at any address or number that we have provided to you, or, as a general matter, at the following: Timbers Company

1031 W. Morse Blvd. Suite 350 Winter Park, FL 32789

Email: [email protected]

Business transfers.

When you provide personal information to us, it is with the understanding that we are a business and may enter into certain transactions that result in your personal information being sold as a part of an overall transaction, e.g. sale of a property or properties, sale of the company, and the like. Your personal information may be sold as a part of such sale; however, we will not sell or share for value received, your information as a “product” by itself. Likewise, in the unlikely event that we should enter into bankruptcy proceedings, you should know that your personal information may be disposed of as an asset as part of those proceedings but pursuant to appropriate law and court order.

Our retention of your information.

We retain your information for the shorter of the time period necessary to fulfill our business needs or as required by law.

If you are a US resident.

By submitting data to us, you agree to receive communications from Timbers, including communications from some or all developers of real estate projects affiliated with Timbers.

We will not send you communications if you have notified us of your preference not to receive such communications, or when we are prohibited by applicable law from doing so.

Transmission and storage of personal information.

When you provide personal data through our website, the data may be sent to servers located in the United States and other countries around the world. If you are a resident of a country outside the United States, then by your submission of data to us, you understand, acknowledge and agree that your data will be transferred to databases maintained in the U.S., which databases are subject to United States law and may provide different levels of data protection than countries outside the United States. Moreover, you agree and stipulate to the application of U.S. law to such transfers and data.