PRIVACY NOTICE

This Privacy Notice (“Privacy Notice”) was last modified as of June 5, 2020.

1. Introduction

This Privacy Notice is provided by Margaritaville Enterprises LLC (referred to in this Privacy Notice as “Margaritaville”, “we”, “us” and “our”). Margaritaville is based in Orlando, Florida. Our headquarters are located at 6900 Turkey Lake Road, Suite 200, Orlando, Florida 32819 USA.

This Privacy Notice describes how Margaritaville collects, uses, shares, and retains personal information that you provide to us, or that we collect, when you use the Margaritaville website located at www.margaritaville.com and any website operated by Margaritaville or its affiliates or subsidiaries 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”).

Margaritaville is a franchise and license system in a hospitality and retail network comprised primarily of franchised and licensed Margaritaville branded hotels, resorts, and restaurants. Margaritaville franchisees and licensees own and operate individual hotels, resorts, and restaurants and may engage in certain business practices, such as owning and maintaining separate social media accounts, that are not owned and managed by us. Margaritaville franchisees and licensees are independent third parties, not owned or controlled by Margaritaville, and this Privacy Notice does not apply to the privacy practices of any Margaritaville franchisee or licensee. Questions, comments or any requests regarding any of the Margaritaville franchisee or licensee owned properties should be directed to the applicable franchisee or licensee owner and operator.

2. What Data Does Margaritaville 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 collects, stores and processes depends on which of our products and service 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 collect personal information that you voluntarily provide to us when you use our Service. For example, we collect information in the following ways:

• If you sign up for our mailing list or newsletter, create an account through an online shop, or participate in a sweepstakes, we collect your first and last name, email address, and zip code. We may also collect other information that you provide such as your mailing address (city, state, country), phone number, birthday and age, (so that we can ensure you are the appropriate legal age to receive communications from us) and gender and to allow us to better communicate with you.

• If you submit a song request in connection with Radio Margaritaville, we may collect information such as your first and last name, email address, and information about where you are from.

• If you submit an application to participate in Margaritaville University, we collect your first and last name, gender, birthday, zip code, email address, phone number, educational information, professional history, and, if you choose to provide them, links to your social media accounts.

• If you want more information about planning an event or party with Margaritaville, we collect your contact information and information about the event, such as the preferred date and time.

• If you contact us with a request for information about Margaritaville locations, products, websites or services we offer, we collect information such as your first and last name and email address.

• If you are browsing our website, we collect information around your interaction with our websites, applications, or advertisements.

2.3 - Information Automatically Collected Through the Service

We may automatically collect information about you when you use the Service. For example, we will automatically collect information, which may not be personal information, such as your 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. 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 You Post on the Service

If you post information on public areas of the Service, that information will be collected and used by Margaritaville, 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.

3. What Data Do Third Parties Collect through the Service?

3.1 - Google Analytics

We may use Google Analytics, a web analysis service provided by Google, in order to better understand your use of our Site and how we can improve it. Google Analytics collects 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. Google Analytics collects 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 Google Analytics with your personal information. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit a website, the cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to the Site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. Google utilizes the data collected to track and examine the use of the Site, to prepare reports on its activities and share them with other Google services. Google may use the data collected on the Site to contextualize and personalize the ads of its own advertising network. 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).

Margaritaville uses Google Analytics, a web analytics tool provided by Google Inc. (“Google”). We use Google Analytics on the Site. Google Analytics uses cookies (text files stored on your computer) to analyze your use of the Site. The information generated by the cookie about your use of the Site is usually transmitted to a Google server in the United States and stored there. However, Google uses an IP anonymization tool on the Site, with which your IP address is shortened by Google and anonymously transmitted on a global basis. This means that whether your IP address is collected from the United States, one of the member states of the European Union, the European Economic Area or Switzerland (collectively, the “EEA”), or anywhere else in the world, it will be transmitted using Google’s IP anonymization tool and will not disclose any personal data. Google uses the non-personal data information collected to evaluate your use of the Site on our behalf, to create reports for us about activity on the Site and to provide us with other services related to the Service. The IP address provided by Google Analytics as part of the Google Analytics service will not be merged with other Google data.

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

The Service includes links to other websites and other content from third party businesses. These third party businesses may collect information about you. Margaritaville 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 Cookie 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.

For more details, please see our Cookie Notice.

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, for example, if you make a purchase through the Margaritaville online shop, we will use the information you provide to fulfill your order.

5.2 - Operating the Service

We use the information we gather through the Service to help us better understand how the Service and our products and services are being used. By identifying patterns and trends in usage, we are able to better design the Service to improve your experience.

5.3 - Direct Marketing Communications

If you sign up for our mailing list, participate in a sweepstakes or contest, submit an application to participate in Margaritaville University, submit a song request in connection with Radio Margaritaville, sign up for our newsletter, purchase goods or services, stay at an affiliated property, or create an account through the Margaritaville online shop, we will use the personal information and other information you provide to send you marketing communications relating to the Service, of our parent company, and the similar products and services of our subsidiaries and corporate affiliates, joint venturers, franchisees, and licensees. If you no longer wish to receive these marketing materials, please follow the instructions contained in our marketing materials that allow users to unsubscribe from receiving these types of communications from us. If you unsubscribe from our direct marketing communications, we will remove your email information from our marketing list.

5.4 - Administering Sweepstakes and Contests

If you sign up to participate in a contest or sweepstakes offered through the Service, we will use the personal information you provide when you enter the contest or sweepstakes to run the contest or sweepstakes, and notify you if you are the winner. In addition, if you win the contest or sweepstakes, we will request information necessary to send you the applicable prize such as your name, address, relevant tax ID and payment details required to make payment and comply with applicable financial and tax regulations. To the extent permitted by applicable law, we will also use the personal information and other information you provide to send you marketing communications for us and our affiliate companies, joint ventures and licensees. If you no longer wish to receive these marketing materials, please follow the instructions contained in our marketing materials that allow users to unsubscribe from receiving these types of communications from us. If you unsubscribe from our direct marketing communications, we will remove your email information from our direct marketing list, but we may still send you emails for other purposes, such as to complete a transaction.

6. How Do We Share Your Information?

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

6.1 - Third-Party Processors and Third-Party Service Providers

Margaritaville 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 use personal information to run a loyalty program, customer relations management services, and customer reservation services.

6.2 - Within Margaritaville, with our affiliates, and our Franchisees and Licensees

We share personal information within Margaritaville and with our affiliates and franchisees and licensees to provide the Services to you and for marketing purposes. For example, we may share your hotel stay preferences with other licensees to offer a more personal service during future stays. We may also share your personal information with our franchisees and licensees at your direction.

6.3 - Response to Subpoenas or Court Orders or to Protect Rights and to Comply with Our Policies

To the extent permitted by law, we will disclose your information to government authorities or third parties if: (a) required to do so by law, or in response to a subpoena or court order; (b) we believe in our sole discretion that disclosure is reasonably necessary to protect against fraud, to protect the property or other rights of us or other users, third parties or the public at large; (c) 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; (d) in response to a request from law enforcement authorities or other government officials, including to meet national security requirements; or (e) 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.

6.4 - Business Transfers; Bankruptcy

In the event of a merger, acquisition, bankruptcy or other sale of all or a portion of our assets, any user information owned or controlled by us may be one of the assets transferred to third parties. We reserve the right, as part of this type of transaction, to transfer or assign your information and other information we have collected to third parties.

6.5 - 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.

6.6 - Marketing Partners

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, you may opt-out by emailing us at [email protected].

6.7 - 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 our DMCA Policy located at https://www.margaritaville.com/terms, or if you are the person responsible for uploading the material addressed in a notification that is submitted to us.

We may share your personal data if we believe, in good faith, that such disclosure would protect your interests or rights, or the interests or rights of others, including Margaritaville and its personnel.

6.8 - 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 and its personnel.

7. Where is the Data Processed & Stored?

Personal information processed by Margaritaville is processed and stored by Margaritaville, and at times through the use of third-party service providers, in the United States. Margaritaville implements and maintains reasonable security procedures and practices such as physical, technical and administrative measures to safeguard all personal information that Margaritaville processes. Please be aware that no data transmission over the Internet can be guaranteed to be 100% secure. As a result, we cannot guarantee or warrant the security of any personal information that we process.

8. Responding to Concerns

We take your privacy concerns seriously. If you believe that Margaritaville has not adhered to this Privacy Notice, please contact us by sending an email to: [email protected] 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 you within forty-five (45) days of receipt of your email.

9. Children

Our Services are not directed to children under the age of 13. We adhere to the Children’s Online Privacy Protection Act (“COPPA”) and will not knowingly collect personal information from any child under the age of 13, unless a parent or guardian consents to our collection and use of this information. 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 at [email protected]. If we become aware that a child under 13 has provided us with personal information, we will take steps to delete the information from our files.

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 as provided in Section 13 (How to Contact Us) below.

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 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’s ongoing business relationship with the consumer, or otherwise perform a contract between Margaritaville 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,
• 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 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 as provided in Section 13 (How to Contact Us) below.

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 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 professional and education history that you may choose to provide to us. We use this information to administer programs such as Margaritaville University.

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

Margaritaville does not sell consumers’ Personal Information.

10.6 - Categories of Personal Information Disclosed for a Business Purpose

Margaritaville 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.

Margaritaville discloses identifiers, consumer history, and consumers’ preferences to our franchisees and licensees to offer our Services.

Margaritaville may share your personal information with third party service providers that perform a variety of services on our behalf, such as the development and analysis of our social media pages, operating and maintaining our websites, offering or managing promotions, and market research purposes.

Margaritaville may share your personal information with other entities for purposes of a sale, merger, or other related corporate event. An entity that buys us or a part of our business may continue to use your personal information in accordance with this Privacy Notice.

10.7 - Removing Content on Public Forums

If you are a California resident between the age of 13 and 18 and 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 in writing to [email protected] 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. Changes to this Privacy Notice

We reserve the right, in our discretion, to amend this Privacy Notice at any time without notice and, unless otherwise indicated, such changes will become effective immediately upon posting; therefore, please check this Privacy Notice periodically for changes. We will display the effective date of this Privacy Notice at the top of this page. If you do not agree with the changes and if you are a registered user, you may cancel your account with us by contacting us at [email protected]. The version of this Privacy Notice posted here on each respective date you visit the System shall be the Privacy Notice applicable to your access and use of the System on that date. Our electronically or otherwise properly stored copy of this Privacy Notice shall be deemed to be the true, complete, valid, authentic, and enforceable copy of the version of this Privacy Notice which was in force on each respective date you visited the System. This Privacy Notice is not a contract and does not create any legal rights or obligations.

13. How to Contact Us

If you have any questions or concerns about this Privacy Notice or would like to make a request for access or deletion, please contact us by sending an email to [email protected] or by using the page at https://www.margaritaville.com/contact.