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MORAYA BAY CLUB PRIVACY NOTICE & TERMS OF USE

Last updated and effective October 12, 2018

Welcome to morayabayclub.com (the “Website”). You have landed at this page because you visited our Website and clicked the “Privacy” link. The Website is owned, directly or indirectly, by Soave Enterprises L.L.C., or one or more of its direct or indirect affiliates (collectively, the “Company,” “we,” or “us”).

We respect your privacy and are committed to protecting it through our compliance with this privacy notice & terms of use (this “Privacy Notice”) for the Website. This Privacy Notice describes the types of information we may collect from you or that you may provide when you use the Website, and our practices for collecting, using, maintaining, protecting, and disclosing such information. We have created this Privacy Notice in order to inform you of our firm commitment to safeguarding the privacy and security of information you provide. This Privacy Notice also contains the following general terms and conditions that govern all use of the Website.

Please read this Privacy Notice carefully before using the Website. We will treat any information we collect from you through any part of the Website in accordance with this Privacy Notice. Also included in this Privacy Notice are certain rules regarding your use of the Website. By accessing or using any part of the Website, you consent to all actions we may take with respect to your information in compliance with this Privacy Notice and agree to the terms and conditions herein. If you are unwilling to accept the terms and conditions of this Privacy Notice, please do not use any part of the Website.

1. APPLICATION OF THIS NOTICE

This Privacy Notice applies to information collected through the Website, including the services provided via the Website, and information exchanged by e-mail, text message, and other electronic messages between you and any part of the Website. This Privacy Notice also applies to any new internet properties we may acquire from time to time. This Privacy Notice will be updated accordingly. You may also check this Privacy Notice periodically for updates at www.morayabayclub.com/privacy.

This Privacy Notice does not apply to information collected offline or through any other means, including any other website operated by any third party.

NOTE TO USERS FROM OUTSIDE THE UNITED STATES: This Privacy Notice is governed by United States law, and we make no representation that any part of the Website is appropriate or available for use in locations outside of the United States. Translations of the Website into languages other than English are for your convenience only. In the event you visit the Website from outside the United States, please know that your information may be transferred to, stored, and processed in the United States, where our servers are located and our central database is operated. The laws of the United States and other countries might not be as comprehensive as those in your country, but please be assured that we take steps to ensure that your privacy is protected. By using the Website, you understand that your information may be transferred to our facilities and to those third parties with whom we may share it as described in this Privacy Notice.

2. CHILDREN UNDER THE AGE OF 13

No part of the Website is intended or designed to attract children under the age of 13. We do not collect personally identifiable information (“Personally Identifiable Information”) from any person we actually know is a child under the age of 13. If you are under the age of 13, do not use or provide any information on the Website or on or through any of its features, use any of the interactive or contact features of any part of the Website or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use.

If we learn we have collected or received Personally Identifiable Information from a child under the age of 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under the age of 13, please contact us by sending us an e-mail stating your request to privacy@morayabayclub.com or contacting us in writing at the address provided below.

By using any part of the Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use any part of the Website.

3. INFORMATION WE COLLECT

  • The Website is intended to be informational only, and is not intended to collect, process, or store information about you or your use of the Website. If you elect to contact us through the Website by sending an email, we would then possess your email address, as well as whatever information you elect to provide in the body of your email. If you elect to contact us through the Website’s contact form, we would then possess your name and email address, as well as whatever information you elect to provide in the form. Such information would either be discarded or stored in our internal databases, and might be seen by us, our affiliates, or third-party service providers who are working on our behalf. Nonetheless, we do not actively disclose such information to unrelated third parties. Still, if you send us an email or complete the contact form, you should be sure not to provide us with sensitive Personally Identifiable Information (see additional information regarding security in Section 4 below). By providing your e-mail address, you are requesting that we communicate with you in that manner. To withdraw your request please contact us by sending an e-mail stating your request to privacy@morayabayclub.com or by contacting us in writing at the address provided below.
  • We collect information automatically as you navigate the Website. Information collected automatically may include usage details, IP addresses (a unique string of numbers that is automatically assigned to your computer by your Internet service provider), and other information collected through cookies or other technologies which are discussed below in more detail in Section 5 below.
  • To the extent you provide us with any Personally Identifiable Information, we would only use and/or disclose such information in accordance with this Privacy Notice. In all cases, however, we will only use or disclose your Personally Identifiable Information as permitted by law and our agreements with you. Personally Identifiable Information provided to us through the Website may be disclosed and used by us and our subsidiaries and affiliates as follows:
    • to our subsidiaries and affiliates for our internal business purposes;
    • for purposes including administration of the Website;
    • to notify you about changes to the Website or any products or services we offer or provide through it;
    • to allow you to participate in communications with us;
    • to contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep such information confidential and to use it only for the purposes for which we disclose it to them;
    • to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of assets of ours or of our subsidiaries or affiliates, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding in which Personally Identifiable Information about users of the Website is among the assets transferred;
    • to fulfill the purpose for which you provide it;
    • for any other purpose we may disclose when you provide the Personally Identifiable Information; or
    • otherwise with your consent.

We may also disclose Personally Identifiable Information if we are required to do so by law or if we in good faith believe that such action is necessary to (a) comply with any court order, law or legal process, including to respond to any government or regulatory request; (b) protect and defend our rights and property; (c) protect against misuse or unauthorized use of the Website; or (d) protect the personal safety or property of our users or the public. Please note that we might not provide you with notice prior to disclosure in such cases.

4. SECURITY

We have put in place reasonable precautions to protect information from loss, misuse, and alteration, including Secured Sockets Layer Security (SSL) technology on the Website. However, the safety and security of your information also depends on you. Unfortunately, the transmission of information via the Internet is not completely secure. Although we strive to protect your Personally Identifiable Information, we cannot guarantee the security of your Personally Identifiable Information transmitted to the Website. Any transmission of Personally Identifiable Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

While we strive to protect your Personally Identifiable Information, we cannot ensure or warrant the absolute security of any information you transmit to us or through the Website. Once we receive your transmission, we will use reasonable efforts to ensure its security on our internal systems. Depending on the nature of the inquiry, your communication may be discarded or archived. Please note that your e-mail, like most, if not all, non-encrypted Internet communications, may be accessed and viewed by other Internet users without your knowledge and permission, while in transit to us. For that reason, to protect your privacy, please do not use e-mail to communicate information to us that you consider sensitive or confidential. If you wish, you may contact us instead via telephone at the numbers provided throughout the Website or at the address below.

5. INFORMATION WE COLLECT THROUGH AUTOMATIC DATA COLLECTION TECHNOLOGIES

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website and information about your computer and Internet connection, including your IP address, operating system, and browser type. The information we collect automatically is statistical data and does not identify any individual (however, in some cases, an IP address could implicate the identity of an individual). It helps us to administer and improve our Website and to deliver a better and more personalized service, including by enabling us to recognize you when you return to our Website and estimate our audience size and usage patterns. We do not automatically collect Personally Identifiable Information (except in those situations where an IP address might implicate the identity of an individual), but we may link this anonymous information to Personally Identifiable Information from time to time in the ordinary course of providing the Website to you.

The technologies we use for such automatic data collection may include cookies (or browser cookies). A “cookie,” or “browser cookie,” is a small file placed on the hard drive of your computer. You may opt out of cookies or refuse to accept cookies at any time by activating the appropriate setting on your browser. The Network Advertising Initiative provides online instructions and information on how to opt out of communications. Users can use their browser settings to decide whether to turn on and off cookies on the Website. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that you may be unable to access certain parts of our Website or the Website may not function properly. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.

6.THIRD-PARTY USE OF COOKIES AND OTHER TRACKING TECHNOLOGIES

Some content or applications on the Website are served by third parties, including content providers and application providers, including services known as Google Analytics and others. 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 Website. The Google Analytics service provides anonymous information, including but not limited to data on where visitors came from, what actions they took on the Website, and where visitors went when they left the Website. We use this information to improve your experience when visiting the Website. To learn more about this service and how to opt out of data collection by Google Analytics, you can reference Google’s online information regarding privacy and Google Analytics. From time to time, we may also work with other business partners to conduct research surveys in order to improve the user experience on the Website. We encourage you to read the privacy statements of these business partners to learn about their data practices.

The information collected may be associated with your Personally Identifiable Information or such third parties may collect information, including Personally Identifiable Information, about your online activities over time and across different websites and other online services. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about the practices of such third party, you should contact the responsible provider directly.

7. LINKING TO THE WEBSITE; EXTERNAL LINKS

You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

The Website may provide links to various websites that we do not control. These links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. When you click on one of these links, you will be transferred out of the Website and connected to the website of the organization that you selected. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

We are not responsible for the nature, quality, or accuracy of the content or opinions expressed on such websites, and such websites are not investigated, monitored, or checked for quality, accuracy, or completeness by us.

Inclusion of any linked website on the Website does not imply or express our approval or endorsement of the linked website or any of the content, opinions, products, or services provided through the Website. We exercise no control over linked sites even if an affiliation exists between the Website and a third-party website. Each of these linked sites maintains its own independent privacy and data collection policies and procedures. While we expect our business partners and affiliates to respect the privacy of our users, we cannot be responsible for the actions of third parties. If you visit a website that is linked to or from the Website, we encourage you to consult that website’s privacy policy before providing any personal information and whenever interacting with any website.

8. ACCESSING THE WEBSITE AND ACCOUNT SECURITY

We reserve the right to withdraw or amend the Website, as well as any service or material we provide on the Website, in the Company’s sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other Personally Identifiable Information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Privacy Notice.

9. INTELLECTUAL PROPERTY RIGHTS; CONSENT TO PRIVACY NOTICE; BINDING AGREEMENT

The Website and its entire contents, features, and functionality (including but not limited to all information, headers, stories, software, text, displays, photos, images, tearsheets, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

You may use the Website for your personal, non-commercial, use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website.

All parts of the Website are controlled, operated, and administered entirely within the United States. By using any part of the Website, you signify your agreement to the terms of this Privacy Notice. If you do not agree with any provision of this Privacy Notice, please do not disclose any Personally Identifiable Information through the Website.

This Privacy Notice is governed by the laws of the State of Michigan.

This Privacy Notice and the notices outlined herein are not intended to and do not create any contractual or other legal rights in or on behalf of any third party.

10. SPECIAL NOTICE TO CALIFORNIA RESIDENTS

Under California Civil Code § 1798.83, residents of the State of California that have provided any Personally Identifiable Information to us have the right to request a list of all third parties to which we have disclosed Personally Identifiable Information during the preceding year for direct marketing purposes.

Alternatively, the law provides that if we have a privacy policy that gives either an opt out or opt-in choice for use of Personally Identifiable Information by third parties (such as advertisers or affiliated companies) for marketing purposes, we may instead provide you with information on how to exercise your disclosure choice options.

If you are a resident of the State of California and request information about how to exercise your third-party disclosure choices, please send a request to privacy@morayabayclub.com with a preference on how our response to your request should be sent.

Additionally, CalOPPA requires us to disclose how we respond to “do-not-track” requests from our customer-users. At this time, we do not currently respond to “do-not-track” requests from our customers.

11. REVOKING AND DELETING PERSONAL INFORMATION

We welcome your questions, comments and all feedback pertaining to your privacy or any other issue with regard to the Website.

At any time, you may ask us to cease any further use of your e-mail address and direct us to delete any Personally Identifiable Information you have supplied by sending a request to privacy@morayabayclub.com or contacting us in writing at the address provided below. Although it is not always possible to remove or modify such information, we will make reasonable efforts to do so. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. If you have given us information for one of those third parties we mentioned above and we have already passed it on, we may not be able to delete or change the information.

12. PROHIBITED USES

You may use the Website only for lawful purposes and in accordance with this Privacy Notice. You agree not to use the Website in any of the following ways:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for Personally Identifiable Information or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” or “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using e-mail associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Additionally, you agree not to do any of the following:

  • Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including its ability to engage in real time activities through the Website.
  • Use any robot, spider, “scraper,” “crawler,” or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website are stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.
  • Modify copies of any materials from the Website.
  • Use any illustrations, photographs, video or audio sequences or any graphics from the Website or any text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.

No right, title, or interest in or to the Website or any content on the Website are transferred to you, and the Company reserves all rights not expressly granted in this Privacy Notice. Any use of the Website not expressly permitted by this Privacy Notice is a breach of this Privacy Notice and may violate copyright, trademark, and other laws.

13. RELIANCE ON INFORMATION POSTED

The information and content presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information and content. Any reliance you place on such information or content is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of their contents.

The Website may include content provided by third parties, including materials provided by third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

In no event will Company be liable for any decision made or action taken in reliance upon the information provided through the Website.

14. DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

15. INDEMNIFICATION

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this Privacy Notice or your use of the Website, including, but not limited to any use of the Website’s content, and other services and products, other than as expressly authorized in this Privacy Notice, or your use of any information obtained from the Website.

16. LIMITATION ON LIABILITY

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITE LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

17. MODIFICATIONS TO THIS PRIVACY NOTICE

This Privacy Notice may change from time to time at our discretion. Modifications are effective upon being posted on any part of the Website. Your continued use of any part of the Website after we make changes is deemed to be acceptance of those changes, so please check this Privacy Notice periodically for updates at www.morayabayclub.com/privacy.

It is our policy to post any changes we make to our privacy policies on this page. The date on which this Privacy Notice was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting the Website and this Privacy Notice to check for any changes.

If we make material changes to how we treat information supplied in connection with the Website, we will notify you through a notice on the Website’s home page or by other reasonable means.

18. CONTACT INFORMATION

If you believe anything on the Website violates your copyright, please contact us at privacy@morayabayclub.com.

If you have any questions regarding this Privacy Notice or any part of the Website, you may contact us by sending us an e-mail stating your request to privacy@morayabayclub.com or by contacting us in writing at the address provided below:

Soave Enterprises L.L.C.
Attn: Webmaster

13910 Old Coast Road
Naples, FL 34110

Moraya Bay and The Club at Moraya Bay are trademarks of Soave Enterprises L.L.C. or its affiliated companies. All other trademarks are the property of their respective owners.

Copyright © 2018, Soave Enterprises L.L.C.. All rights reserved.