DP’S COLLECTION OF INFORMATION AND PRIVACY OF YOUR INFORMATION
Some of the ways DP accumulates and uses your personal information include, but are not limited to the following: DP uses the information it collects about you to process orders and to provide better service. When you make a reservation using DP’s services, DP may need to know your name, email address, mailing address, phone number, credit card number, and expiration date. This allows DP to process and fulfill your order and to notify you of your order status. When you subscribe to DP’s e-newsletter, DP may ask for your name, address, phone number and email address so that it can properly route the information. When you enter a contest or other promotional feature, DP may ask for your name, address, phone number and email address so it can administer the contest and notify winners. DP personalizes your experience online by using your contact with DP’s websites to shape DP’s recommendations about DP content that might be of interest to you. DP also monitors customer traffic patterns and website usage to help it develop the design and layout of the site. DP may also use the information it collects to occasionally notify you about important changes to its services, new services and special offers. In addition, DP may choose to sell, trade, or rent your personal information to third parties. Such third parties may use your information for a variety of reasons including, but not limited to soliciting you for offers of products and/or services. OPTING OUT- We use an email delivery and marketing company to send the emails that you have agreed to receive. If you would rather not receive information from DP such as (i) updates highlighting specials, promotions, contests, sweepstakes and other travel opportunities available on our site and/or sponsored by our travel service providers and advertisers; and/or (ii) our newsletter highlighting specials, promotions, contests, sweepstakes and other travel opportunities available on our site and/or sponsored by our travel service providers or do not want DP to disclose your information to unrelated third parties, please send DP an email notification at [email protected] or in writing to DP. Please specify in your email to opt out of third party offers, opt out of DP offers, or opt out of both DP and third party offers. You agree to allow DP up to thirty (30) days for the change to take effect in DP’s system. The change will not have been deemed to take effect until you receive a written confirmation of the change from DP.
CALL MONITORING/RECORDING/ELECTRONIC COMMUNICATIONS
Call Monitoring/Recording/Prerecorded Messaging/Predictive Dialing/Electronic messaging including but not limited to SMS, Text, MMS, Chat, IM, and Email. You understand that DP may monitor, tape and/or record any conversation that may occur between us. However, DP is not obligated to do so and it may choose not to do so. You authorize DP and its related companies, sister companies, and affiliates to contact you at their discretion by using prerecorded messaging, Predictive Dialing devices, and electronic messaging including but not limited to SMS, Text, MMS, Chat, IM, and Email. If you choose not to be contacted by this method, please contact Member Services
PERSONALY IDENTIFIABLE INFORMATION PROVIDED BY YOU
Much of www.dealpeak.com is accessible to you without providing personally identifiable information. However, DP may request you to register and provide personally identifiable information to enable you to become a member and utilize certain features of www.dealpeak.com, such as making reservations, subscribing to our weekly e-newsletter, and entering contests and other promotional features. www.dealpeak.com will specifically ask you for the personally identifiable information, and your provision of such information will always be on a voluntary basis.
DP’S USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION
When you make a reservation using our services, we may need to know your name, email address, mailing address, phone number, credit card number, and expiration date. This allows us to process and fulfill your order and to notify you of your order status. When you subscribe to our weekly e-newsletter, we may ask for your name, address, phone number and email address so that we can properly route the information. Also, when you enter a contest or other promotional feature, we may ask for your name, address, phone number, and email address so we can administer the contest or other promotional feature and notify winners.
In addition, we personalize your experience online by using your contact with our site to shape our content. We also monitor customer traffic patterns and site usage to help us develop the design and layout of the site. We may provide aggregate statistics about our customers, sales, traffic patterns, and related information to reputable third party vendors.
We may use the information we collect, online and offline, to notify you about important changes to our services, new services, and special offers we think you will find valuable. Currently, DP shares your personally identifiable information with third parties. At times we may choose to sell, loan, trade, or rent your personally identifiable information to others.
In addition, DP reserves the right to share or disclose your personally identifiable information when it determines, in its sole discretion, that the disclosure of such personally identifiable information is necessary to identify, contact, or bring legal action against you if you may be:
(i) causing intentional or unintentional injury to another;
(ii) interfering with another’s rights or property, including DP’s rights or property;
(iii) violating any applicable law, rule or regulation; or
(iv) such disclosure is required by any applicable law, rule or regulation.
EMAIL ADDRESSES, USERNAMES AND PASSWORDS MAY BE ISSUED TO YOU
You may be issued a username or personal identification number (“PIN”) by DP to utilize certain features of www.dealpeak.com. In order to receive a username or PIN from DP for use on www.dealpeak.com, you will be required to submit personally identifiable information. You are responsible for keeping your usernames and PINs, if any, confidential. You are responsible for any access, use or activities on www.dealpeak.com under your username or PIN.
SECURITY OF YOUR SUBMISSIONS AND TRANSMISSIONS
DP utilizes its best efforts to protect the security of any information submitted or transmitted by you to www.dealpeak.com, including, but not limited to, personally identifiable information. DP has security measures in place to protect the loss, misuse and alteration of the information under our control. When you submit your order through DP, we offer the use of a secure server. The secure socket layer technology (SSL) encrypts all information you input before it is sent to us.
Please note that, regardless of the precautions we take, “faultless security” does not exist on the Internet. As a result, while we strive to protect your personal information, DP cannot guarantee the security of any information you submit or transmit to www.dealpeak.com, and you do so at your own risk. In the unlikely event that an unauthorized third party compromises DP’s security system, DP is not responsible for any occurrences or damages directly or indirectly caused by an unauthorized third party’s ability to view, use or disseminate your submissions or transmissions to www.dealpeak.com, or your personally identifiable information.
DP utilizes “cookies” to track and store preferential information about you as you use www.dealpeak.com. “Cookies” are alphanumeric identifiers in the form of text files that are inserted and stored on your hard drive by your web browser. Cookies track your personal preferences and activities, but in no way contain any personally identifiable information. This, however, is subject to change.
If you do not want www.dealpeak.com cookies to be inserted into your hard drive, you can disable your hard drive’s ability to accept and receive cookies through your web browser. Even without a cookie, you can still use many of the www.dealpeak.com features. However, keep in mind that if you disable your hard drive’s ability to accept and receive cookies, you may not be able to fully utilize all of the convenient features of www.dealpeak.com. For instance, you may have to log in more than once per session.
LINKS TO OTHER INTERNET WEBSITES ON WWW.DEALPEAK.COM
ACCESS AND USE BY MINORS
www.dealpeak.com is not intended to be accessed or utilized by persons younger the age of 18. DP does not intend or purposefully attempt to gather information from children younger the age of 18. In addition, DP does not intend to or purposefully market to persons younger the age of 18. Persons younger the age of 18 are not eligible to enroll in our clubs or purchase any other products or services from DP, and persons younger the age of 18 should not submit any personal information to us.
LIMITATION OF LIABILITY
ARBITRATION AND GOVERNING LAW
In the event of a dispute between You and DP, You and DP agree that a prompt and fair resolution, without the time and expense of formal court proceedings, would be in both parties’ mutual interests. Except as expressly provided in the following section titled “Injunctive Relief”, all disputes shall be submitted to final and binding arbitration to be conducted in Orange County, Florida, or a location closest to Orange County, Florida if no such location for the chosen arbitration body exists there.
MANDATORY ARBITRATION REPLACES THE RIGHT OF EITHER PARTY TO GO TO COURT AND DEMAND A JURY TRIAL
The party filing the arbitration must choose one of the following three arbitration firms and follow its rules and procedures for initiating and pursuing an arbitration:
American Arbitration Association, 335 Madison Avenue, Floor 10, New York, NY 10017-4605 (phone: 800-778-7879) (http://www.adr.org)
National Arbitration Forum, P.O. Box 50191, Minneapolis, MN 55405-0191 (phone: 800-474-2371) (http://www.arb-forum.com)
JAMS, 1920 Main Street, Suite 300, Irvine, CA 92614 (phone: 949-224-1810) (http://www.jamsadr.com)
In the event that the selected firm cannot administer the arbitration, the party filing the arbitration will select another of the firms. Each party will bear its own expenses, and the parties will share equally the filing and other fees of the arbitration firm and the expenses of the arbitrator, except that the arbitrator will be entitled to award a different allocation of costs and fees where the arbitrator determines that a filed claim is frivolous.
The arbitrator will not have the power to award punitive damages or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. Any award in arbitration initiated under this clause will be limited to monetary damages and will include no injunction or direction to any party other than the direction to pay a monetary amount, except as required by statute or to comply with the terms of the contract. Any award rendered by the arbitrator will be final and binding upon each of the parties, and judgment thereon may be entered in any court having jurisdiction thereof. The Federal Arbitration Act will govern the interpretation and enforcement of this section.
During the pending of such arbitration and until final judgment thereon has been entered, this Agreement will remain in full force and effect unless otherwise terminated as provided hereunder. If a provision of this clause is held to be invalid, the remainder of the clause will remain in full force and effect, and, to this end, the provisions of this clause are severable.
This Agreement and all transactions between you and DP shall be governed by, and construed and enforced in accordance with, the internal laws of the State of Florida, without regard to principles of conflicts of laws.
For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such violation, attempted violation, or threatened violation shall be brought in the courts of record of Orange County, Florida, or the United States District Court, Middle District of Florida. You consent to the jurisdiction of such court and waive any objection to the laying of the venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
YOUR CALIFORNIA PRIVACY RIGHTS
California Shine the Light
DP shares personal information between DP affiliates and marketing agents for marketing purposes. We do not share your personal information with unaffiliated third parties for their own independent marketing purposes without your consent. California residents may request the categories of personal information DP shared with third-parties for the third parties’ direct marketing purposes during the previous calendar year, if any. To make your request, send an email to [email protected]. Written requests may be sent to the Office of Privacy -Legal Department, DEALPEAK, LLC. 185 SPANISH RIVER BLVD. STE 240 BOCA RATON, FL 33431. DEALPEAK will respond to these requests within 30 days. Requests that come to DP by other means may result in a delayed response.
California Consumer Privacy Act Notice
January 1, 2020.
Separately, the California Consumer Privacy Act of 2018 (CCPA) gives California consumers the right to know what Personal Information is collected about them, and how it will be used, disclosed, and sold. The CCPA also gives California consumers the right to request access to and deletion of their personal information, and the right to request that their personal information not be sold, and the right not to be discriminated against after exercising privacy rights.
The purpose of this notice is to provide consumers with a description of our practices regarding the collection, use, disclosure, and sale of Personal Information and instructions for submitting CCPA data privacy requests.
INFORMATION WE COLLECT
Business Collection of Personal Information
We collect information that personally identifies, relates to, describes, or is capable of being associated with you (“Personal Information”), including:
The types of Personal Information we collect about you may vary based on how you use the Site and/or Services and your relationship with us.
Service Provider Collection of Personal Information
When acting on behalf of our Clients as a service provider, we may collect, use, and disclose Personal Information for the purpose of servicing those Clients. The specific categories of Personal Information collected and how that Personal Information is used or disclosed is determined by our Clients and will vary, but may include:
The Personal Information collected, used, and disclosed on our Clients’ behalf is governed by their privacy policies.
We also collect information about businesses and their representatives that engage with us such as EIN, TIN, address, phone number, email address, bank account information (collectively, “Business Information”). This information is generally not considered Personal Information because it relates to a business or a business contact.
Why We Collect Personal Information
In addition to the primary purposes of collection noted above, we may generally use the categories of information noted above as follows:
We may combine the Personal Information we collect for the above purposes. We will not collect additional categories of Personal Information, nor use the Personal Information collected for additional purposes, without providing you notice.
What Personal Information We Sell or Share
The CCPA defines “sale” very broadly to include sharing or disclosing of personal information with a third party for monetary or other valuable consideration. There are a number of circumstances where we are allowed to share personal information with third parties which are not considered to be a sale. For example, we may share personal information with service providers who work on our behalf if the service provider agrees not to use that personal information for other purposes. In addition, you may intentionally direct us to share information with a third-party, which is also not a sale.
We may share the Personal Information identified above with the following categories of third parties:
Usage Data and Site Activity
We automatically collect information in connection with the actions you take on the Site (“Usage Data”). For example, each time you use the Site, we automatically collect the type of web browser you use, the type of device you use, your operating system, your Internet Service Provider, the pages you view, referring and exit pages, the date and time of your visit, and the number of clicks to, from, and within the Site, and the duration of your visits to the Site. If this information is capable of being associated with you, directly or indirectly, we treat it as Personal Information. If this information is not capable of being individually associated with you, we treat it as Usage Data.
We may record calls and retain the content of text messages or other written/electronic communications between you and us. By communicating with us, you consent to our recording and retention of communications.
HOW WE COLLECT INFORMATION
We may ask you to provide us with Personal Information when you communicate with us (online or offline), when you interact with a Client’s website or social media property, and at other times. You are not required to provide us your Personal Information; however, if you choose not to provide the requested information, you may not be able to use some or all of the features of the Site or Services or we may not be able to fulfill your requested interaction.
Third Party Data Sources
We may collect Personal Information from third-party data sources such as our Clients.
Cookies & Other Automated Tools
We use the following types of cookies:
Information from Advertisements
If you arrive at the Site via an advertisement (e.g., banner ad), we may collect information regarding the advertisement with which you interacted and your interactions (e.g., item clicked, date and time).
From time to time we may request Personal Information from consumers via surveys on our own behalf or on behalf of Clients. Participation in these surveys is completely voluntary and you have a choice whether or not to disclose Personal Information. The requested information typically includes personal identifiers and contact information.
Sweepstakes and Contests
We or our Clients may offer opportunities for consumers to participate in sweepstakes or contests. Participation in these sweepstakes or contests is completely voluntary but participation usually requires providing certain Personal Information. The requested Personal Information typically includes personal identifiers and contact information.
Social Media Widgets
The Site may include social media features, such as the Facebook, YouTube, LinkedIn, and Twitter widgets. These features may collect information about your IP address and the pages you visit on our site as well as other Personal Information. A cookie may be set to ensure that a feature properly functions. Your interactions with features are governed by the privacy policies of the companies that provide them.
|Category of PI||Categories of Sources from which we Collect PI||Our Business Purposes for Collecting, Using, Sharing, or Selling PI||Whether we Sell PI to Third Parties for a Business Purpose||Categories of Third Parties to whom we Share or Sell PI|
|Banking and Financial Information||Facilitating consumer transactions; payment processing; maintaining records of consumer transactions; business non-marketing analytics; general business recordkeeping.|
|Commercial Information||Marketing analytics and ad distribution; facilitating consumer transactions; maintaining records of consumer transactions; payment processing; business non-marketing analytics; general business recordkeeping.|
|Contact Information||Marketing analytics and ad distribution; facilitating consumer transactions; maintaining records of consumer transactions; payment processing; business non-marketing analytics; general business recordkeeping.|
|Inferences/Implied Preferences||Marketing analytics and ad distribution; business non-marketing analytics.|
|Unique Identifiers||Marketing analytics and ad distribution; facilitating consumer transactions; maintaining records of consumer transactions; payment processing; business non-marketing
analytics; general business recordkeeping.
DEALPEAK does not sell Personal Information of minors under 16 years of age (as defined by the CCPA).
Your Rights under the CCPA
How to Submit a Data Privacy Request
To submit a request for access, deletion, or opt-out, please send an email to [email protected] with the below information:
First and Last Name
What would you like to Request? Know my personal information/Delete my personal information or Do not sell my personal information.
You may also contact us at 1-800-919-2339.
Verification of Your Identity
To process your request for access or deletion, we must be able to verify your identity to a reasonable degree of certainty. In order to do so, you must provide the required identifying information when completing the online request form or making a request through one of our customer service agents. We will ask you to provide your contact information and an additional identifier based on your relationship with us. Before we process your request, we will match these data points with data points we currently maintain to verify your identity and your relationship with us.
Responding to Your Requests
Please note that we may not be required to delete information under certain circumstances. For example, the CCPA includes exemptions that provide that we do not have to delete data that for example, is necessary to complete a transaction, detect security incidents, or for certain other internal purposes.
You can designate an authorized agent to make a request to know, delete, or opt-out on your behalf. When you use an authorized agent to submit a request for access or deletion, you must provide the authorized agent with written permission to do so, and, in certain circumstances, we may ask you to verify your own identity directly with us. We may deny a request from an authorized agent that does not submit proof that they have been authorized by you to act on your behalf.
Attn: Legal Dept.
185 SPANISH RIVER BLVD. STE 240
BOCA RATON, FL 33431