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Fisher Island Club Privacy Policy

   

We Respect Your Right to Privacy


We, at Fisher Island Club, Inc., want you to fully understand what information we collect from you and what we do with it. We do not disclose your information to anyone without your prior consent. We do not sell your information. We never spam you. Our Privacy Policy applies to information we collect on our website www.fisherislandclub.com (“Site”) and at the Club located at 1 Fisher Island Drive, Fisher Island, FL 33109 (“Club”). For purposes of the Fisher Island Club Website Policies, the Site includes Fisher Island Club’s mobile application for Members’ use.
This Privacy Policy is effective as of May 25, 2018.

Personal data we may collect from you

We may collect and hold a range of different information that you have provided to us about you as a Member/Guest of the Club. This allows us to provide the services of the Club and keep in contact with you. At the minimum, some of the information we ask are your name, street address, telephone number, and email address. We also require a credit card to charge room rates, membership fees, and any food, beverage, products, and services you purchase at Fisher Island Club, which you desire to charge to your hotel room or membership account. We also collect your IP address and browser, which are aggregated with our other users. Applicants who desire to purchase a membership at the Club provide various personal information used to determine their qualifications for membership. As a Club, we may need to process special category personal data, for example, concerning health of our Members or staff. We do so in accordance with applicable law (including with respect to safeguarding or employment) or by explicit consent.

How we use your information

Security. We use your name and email address to securely confirm your identity.
Processing Transactions and Requests. We use your personal information to process your applications, transactions, inquiries and requests; and communicate with you regarding the status of your applications, transactions, inquiries, and requests, such as reservations. We may communicate with you by email, postal mail, telephone, and/or text message. You will have the right to unsubscribe from our notification services at any time.
Improving our Club and Site. We may use your information, such as purchasing history, to enhance the services we offer at the Club, and to personalize your experience at the Club. We use your IP address and browser information to improve our Site and better understand and serve our users.
Providing Information. We may deliver information that is targeted to your interests, such as event offerings, administrative notices, product offerings, and communications relevant to your use of the Site and Club. By accepting the Fisher Island Club Website Policies, including, without limitation, this Privacy Policy, you expressly agree to receive this information. You may make changes to your email notification preferences at any time.
Using Service Providers. We may use third parties that we refer to as internal service providers to facilitate or outsource one or more aspects of the business, product and service operations that we provide to you (e.g., credit card processing services, confirmations and pre-arrival letters) and, therefore, we may provide some of your personal information directly to these internal service providers who are obligated to keep your information confidential.
Analytics. Fisher Island Club uses the services of site analytics providers to analyze traffic and usage on the Site. While providing services, such companies may have access to users’ IP addresses.
Law Enforcement. Fisher Island Club cooperates with law enforcement inquiries, as well as other third parties to enforce laws, such as: intellectual property rights, fraud and other rights to help protect you and the Site. Therefore, in response to a genuine request by law enforcement or other government officials relating to a criminal investigation or alleged illegal activity, we can disclose personal information about you.

Security

We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of the Information. Our security procedures mean that we may occasionally request proof of identity before we disclose any information to you.

How we share your information

Third parties

We provide information to selected third parties, for them to supply services to us in relation to your membership at the Club.
Such third parties may include (but are not limited to) the following:
a) Reciprocal clubs (in order to facilitate introductions that you request); or
b) Selected suppliers of products and services to the Club.
The Club can provide details upon the request of any third parties that process your data.
We will never share your personal information with third parties who intend to use it to send marketing content to you.

Disclosures and security

We will only share your personal information with third parties that have provided sufficient guarantees in respect of their data security measures. We require all third-party contractors to demonstrate the same security measures that the Club would have to take if we were doing the processing.

Mailing Lists

We do not sell, rent or lend email addresses for any other purpose other than in direct association with your use of the Club or the Site or as otherwise described in this Privacy Policy.

Email Communications

Fisher Island Club will not send any unsolicited information, including email. You will, however receive emails which form an essential part of the Club. Also, you will have the right to unsubscribe from our notification services at any time.

Changes to our Privacy Notice

The Club may update this Privacy Policy at any time and from time to time as the Club may deem appropriate. We will never materially change our policies or procedures to make them less protective of personal information collected in the past. It is your responsibility to check this page from time to time to ensure that you understand our current Privacy Policy.

Contact us

If you have any questions about this Privacy Policy, the practices of this Site, or your dealings with this Site, you can contact us via itgroup@fisherislandclub.com, or by writing to Information Technology, Fisher Island Club, 1 Fisher Island Drive, Fisher Island, FL 33109.

TERMS OF USE

These Terms of Use (“TOU”) will explain how we provide our Site services to you and what obligations you have as a user of the Site.

What We Ask of the Site Users. We ask our users to agree to the following:

• Read and understand the TOU, and contact us if you have any questions.
• Do not allow anyone other than yourself and Fisher Island Club to access your account.
• Use the Site solely for your own benefit.
• Use the Site only for lawful purposes without infringing the rights of any other user, Fisher Island Club or any third party.
• Comply with all terms of the TOU.

What are cookies?

Cookies are a standard internet technology, and many major websites use them to provide useful features for their members. Cookies allow us to store and retrieve login information on a user's system. They provide us with data that we can use to improve our service to you. If you so choose, you can save your login or password, so you don't have to re-enter them each time you visit our site. Cookies themselves do not personally identify users, although they do identify a user's computer and user’s preferences. Most browsers are initially set up to accept cookies. If you'd prefer, you can set yours to refuse cookies. However, you may not be able to take full advantage of our Site if you do so. You can control and/or delete cookies as you wish – for details, see aboutcookies.org. You can delete all cookies that are already on your computer and you can set most browsers to prevent them from being placed. If you do this, however, you may have to manually adjust some preferences every time you visit a site and some services and functionalities may not work.

Security and Member Privacy

Please maintain the confidentiality of your password and account. You are responsible for all account holder accessible activities that occur under your account. Please notify us immediately of any unauthorized use of your password or account or any other breach of security. Each of our Members has a right to privacy and we expect every Member and their guests to safeguard the identity and personal information of every other Member that may be discovered while attending the Club or participating in its activities.


Fisher Island Club's Proprietary Rights

Fisher Island Club is the sole owner or lawful licensee of all content on the Site and the software and other technology used in connection with the site. You may not copy, display, disseminate or otherwise use or distribute any such content and technology without Fisher Island Club’s prior written consent.

California Online Privacy Protection Act Compliance

Because we value your privacy, we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We, therefore, will not distribute your personal information to outside parties without your consent. As part of the California Online Privacy Protection Act, all Fisher Island Club Members who visit our Site may make any changes to their information at any time by logging into our Site and going to the 'Edit Profile' page.

Children's Online Privacy Protection Act Compliance

We are in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act). Consequently, we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.


Disclaimer of Warranties

The Club’s services are provided on an 'as is' and 'as available' basis, and the warranties on the part of Fisher Island Club contained in this TOU are given in place of and replace, exclude and extinguish all and every other condition or warranty whatsoever on the part of Fisher Island Club, written or oral, whether express or implied by statute, regulation, directive or any other legislative or administrative enactment, common law, trade usage, custom or otherwise to the full extent permitted by law. EXCEPT AS EXPRESSLY PROVIDED HEREIN, FISHER ISLAND CLUB EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, PERFORMANCE, MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USE OF TRADE.


LIMITATION OF LIABILITY; INDEMNIFICATION

YOU AGREE THAT FISHER ISLAND CLUB SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE, EXCEPT TO THE EXTENT DIRECTLY AND SOLELY CAUSED BY FISHER ISLAND CLUB’S GROSS NEGLIGENCE OR INTENTIONAL AND WILLFUL MISCONDUCT. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS FISHER ISLAND CLUB, ITS PARTNERS, BENEFICIAL OWNERS, AFFILIATES, OFFICERS, DIRECTORS, MANAGERS, AND EMPLOYEES FROM ANY CLAIM, DEMAND, OR DAMAGE, INCLUDING REASONABLE LEGAL FEES, ASSERTED BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF OR CONDUCT ON THE SITE, EXCEPT TO THE EXTENT CAUSED DIRECTLY AND SOLELY BY FISHER ISLAND CLUB’S GROSS NEGLIGENCE OR INTENTIONAL AND WILLFUL MISCONDUCT.

Modification and Termination of the Site

Fisher Island Club may also, in its sole discretion and at any time, modify, discontinue (temporarily or permanently) the provision of the Site or any part thereof, with or without notice.
Modification to the TOU
Fisher Island Club reserves the right to change the TOU or policies regarding the use of the Site at any time.

Entire Agreement

These TOU constitute the entire agreement between Fisher Island Club and its Members regarding use of the Site and supersede any previous agreement or understanding between Fisher Island Club and a Member regarding use of the Site, except for the terms and conditions of the Membership Purchase Agreement, Plan for the Offering of Membership (including the Club’s By-Laws and all General Club Rules, as such may be amended from time to time), and any other related agreements or documents between the Member and Fisher Island Club.


Governing Law

These TOU shall be governed in all respects by Florida law without reference to its conflict or choice of law rules or principles, and the parties submit to the exclusive jurisdiction of the state and federal courts located in Miami-Dade County, Florida.