We Respect Your Right to Privacy
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.
• 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.
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
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.
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
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?
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.
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.
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.