COVE PROPERTY MANAGEMENT, LP
EFFECTIVE DATE: 09/22/2020
Security of Your Personal Information
1. Security. The security of the information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household that you provide to us (“Personal Information”) is extremely important to Cove. We use physical, electronic, and administrative safeguards that are designed to protect your Personal Information from loss, misuse unauthorized access, disclosure, alteration, and destruction. Unfortunately, the transmission of information via the internet is not completely secure. While we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to or via the Website. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
2. Children Under the Age of 13. The Website is not intended for children under 13 years of age, and we do not knowingly collect Personal Information from children under 13. If we learn we have collected or received Personal Information from a child under 13 without verification of parental consent, we will delete that Personal Information. If you believe we might have any Personal Information from or about a child under 13, please contact us at firstname.lastname@example.org. California residents under 16 years of age may have additional rights regarding the collection and sale of their Personal Information. Please see Your California Privacy Rights for more information.
3. Notice of Breach of Security. If a security breach causes an unauthorized intrusion into the Website that materially affects you, Cove will notify you as soon as possible and later report the action we took in response.
4. Safeguarding Your Personal Information. We take reasonable and appropriate measures to protect Personal Information from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the Personal Information. Cove accounts require a username and password to log in. You must keep your username and password secure, and never disclose it to a third party. Account passwords are encrypted, which means we cannot see your passwords. We cannot resend forgotten passwords either. We will only reset them.
The Website may include links to third-party websites, plug-ins, and applications. Clicking on those links or enabling those connections may allow third parties to collect or share Personal Information about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave the Website, we encourage you to read the privacy notice of every website you visit.
You may give us Personal Information by completing forms, making payments, using the Website, or by corresponding with us by mail, phone, text, email, or otherwise. This includes Personal Information you provide when you:
- book a stay with us;
- purchase a home from us;
- request information about our parks;
- subscribe to our newsletters;
- request marketing to be sent to you;
- participate in a competition, promotion, or survey; or
- provide feedback to Us.
We may receive Personal Information about you from various third parties and public sources including:
- analytics providers such as Google, Marketo, Facebook, and other similar analytics providers.
- providers of technical, payment and delivery services.
- Other members of the Group.
- Closed circuit television (“CCTV”) that operates at our parks for crime prevention.
6. The Personal Information we collect about you. We may collect, use, store, and transfer different kinds of Personal Information about you which we have grouped together follows:
- “Identity Information” includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
- “Contact Information” includes home address, billing address, email address and telephone numbers.
- “Technical Information” includes internet protocol (IP) addresses, login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access the Website.
- “Usage Information” includes information about how you use the Website. We may also automatically collect certain Usage Information when you access the Website such as your Internet Protocol address (“IP address”), information derived from your IP address such as your geographic location, log files, unique device identifiers, pages viewed, browser type, any links you click on to leave or interact with the Website, and other Usage Information collected from cookies and other tracking technologies. We collect IP addresses to track and aggregate non-personal information, such as monitoring the regions from which users navigate to the Website. We also collect IP addresses from users when they log into the Website as part of our log-in and security features. We may also, when you enable location-based services, collect Global Positioning System (“GPS”) location data and/or motion data. We may also collect transactional behavior conducted by users on the Website when tied to personal identifiers.
- “Marketing and Communications Information” includes your preferences in receiving marketing from us and our third parties and your communication preferences.
We also collect, use, and share “Aggregated Information” such as statistical or demographic data for any purpose. Aggregated Information may be derived from your Personal Information. For example, we may aggregate your Usage Information to calculate the percentage of users accessing a specific Website feature. However, if we combine or connect Aggregated Information with your Personal Information so that it can directly or indirectly identify you, we treat the combined data as Personal Information which will be used in accordance with this privacy notice.
We do not collect any Special Categories of Personal Information about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offenses.
7. How We use your Personal Information. We will only use your Personal Information when permitted by applicable law. We require all third parties to respect the security of your Personal Information and to treat it in accordance with all applicable laws. We do not allow our third-party service providers to use your Personal Information for their own purposes and only permit them to process your Personal Information for specified purposes and in accordance with our instructions. We currently use the following Personal Information for the specified purpose.
|How we use the Personal Information we collect from you.|
|To register you as a new customer|
|To process and deliver your order including managing payments, fees, and charges; collecting and recovering money owed to us;|
|To enable you to participate in a drawing, sweepstakes, competition, or complete a survey|
|To administer and protect our business and the Website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting)|
|To deliver relevant content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you|
|To use data analytics to improve the Website, products/services, marketing, customer relationships, and experiences|
|To make suggestions and recommendations to you about goods or services that may be of interest to you|
|To comply with applicable law and to perform legal obligations to you and others|
|To protect our legitimate business interests including, running our business, administration, IT, Website security, prevent fraud, restructuring, marketing research, keep our records updated, and to study how customers use our products/services|
- Marketing. We strive to provide you with choices regarding certain Personal Information uses, particularly around marketing and advertising. We have established the following Personal Information control mechanisms:
- Promotional offers from us. We may use your Personal Information to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services, and offers may be relevant for you (we call this marketing). You will receive marketing communications from us and other members of the Group if you have requested information from us, made purchases from us, or if you provide us with your Personal Information and, in each case, you have not opted out of receiving that marketing.
- Third-party Marketing. We do not share your Personal Information with any company outside the Group for marketing purposes.
- Change of purpose. We will only use your Personal Information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us. If we need to use your Personal Information for an unrelated purpose, we will notify you.
- Disclosures of your Personal Information. We may have to share your Personal Information with the parties set out below for the purposes set out in the table above.
- Internal Third Parties such as other companies in the Group.
- External Third Parties such as:
- Service providers acting as processors who provide IT and system administration services.
- Professional advisers including lawyers, bankers, auditors, and insurers who provide, banking, legal, insurance and accounting services.
- Federal, state, and local authorities such as where we are under a legal obligation to provide them with your Personal Information.
- Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your Personal Information in the same way as set out in this privacy notice.
Please note that we may process your Personal Information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
8. Your Access to and Control of the Information We Collect.
- Inaccurate Personal Information. If you believe that we possess inaccurate Personal Information about you and that we may be able to correct, amend, or delete it. Please contact us at email@example.com with reasonable detail of the allegedly inaccurate Personal Information.
- Account Information. You may correct or change certain Account Information directly on the account pages we’ve made available to you, and you may update, correct or delete other Account Information, that you have provided to us at any time by emailing us at firstname.lastname@example.org.
*For Nevada residents. If you are a Nevada resident, you may request that we stop selling certain categories of Personal Information that we collect. To submit a request please email us at email@example.com. send a letter to us at [ADDRESS], or complete a paper form available from the front desk at any of our hotels. When we receive your request, we will first verify your identity. Once we have verified your identity, we will promptly fulfill your request.
- Consent. Generally, we do not rely on consent as a legal basis for processing your Personal Information other than in relation to sending direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us at firstname.lastname@example.org.
- Deletion. You can request that we delete your Personal Information. You have the right to ask us to delete or remove your Personal Information where you have successfully exercised your right to object to processing (see below), where we may have processed your Personal Information unlawfully, or where we are required to delete your Personal Information to comply with applicable law. We may not always be able to comply with your request to delete Personal Information for specific legal reasons which will be communicated to you, if applicable, at the time of your request. Other than the reasons specified above, we are not obligated to delete your Personal Information.
- Feedback. You may request that we update, correct, or delete any feedback that you have provided to us by emailing us at email@example.com, provided however, we may have deleted or anonymized the feedback you had previously provided to us in a way that makes it infeasible for us to associate a particular piece of feedback with a particular user.
9. Retention of Personal Information. We will only retain your Personal Information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for Personal Information, we consider the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure of your Personal Information, the purposes for which we processed your Personal Information and whether we can achieve those purposes through other means, and applicable legal requirements. By law we have to keep basic information about our customers (including Contact Information, Identity Information, and Account Information,) for six years after you cease being a customer. In some circumstances you can ask us to delete your Personal Information.
10. If you wish to exercise any of the rights set out above, please contact us
Email address: firstname.lastname@example.org
Address: 2999 North 44th St, Suite 200 Phoenix, AZ 85018, Attn: Legal Department
11. Dispute Resolution. PLEASE BE ADVISED THAT THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN YOU AND COVE CAN BE BROUGHT. THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST COVE TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. YOU MAY OPT OUT OF MANDATORY ARBITRATION IN A MANNER SET FORTH BELOW.
YOU AND COVE MUTUALLY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION AS SET FORTH BELOW. THIS AGREEMENT TO ARBITRATE (“ARBITRATION AGREEMENT”) SURVIVES THE TERMINATION OF THIS AGREEMENT OR THE TERMS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS AND CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. EXCEPT AS EXPRESSLY PROVIDED BELOW, THIS ARBITRATION REQUIREMENT APPLIES TO ALL CLAIMS (DEFINED BELOW) BETWEEN YOU AND COVE, THE GROUP, THEIR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS. “CLAIMS” MEANS TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ANY DISPUTE, CLAIM OR CONTROVERSY, WHETHER BASED ON PAST, PRESENT, OR FUTURE EVENTS, ARISING OUT OF OR RELATING TO: THIS AGREEMENT, THE TERMS AND PRIOR VERSIONS THEREOF (INCLUDING THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF), THE WEBSITE, ANY OTHER GOODS OR SERVICES MADE AVAILABLE THROUGH THE WEBSITE, THE THREATENED OR ACTUAL SUSPENSION, DEACTIVATION OR TERMINATION OF YOUR ACCESS TO THE WEBSITE, PAYMENTS MADE BY YOU OR ANY PAYMENTS MADE OR ALLEGEDLY OWED TO YOU, AND ALL OTHER COMMON LAW AND STATUTORY CLAIMS BETWEEN YOU AND COVE, THE GROUP, AND/OR THEIR RESPECTIVE AFFILIATES AS WELL AS EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS AND SHAREHOLDERS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, DISPUTES CONCERNING THE ARBITRABILITY OF A CLAIM (INCLUDING DISPUTES ABOUT THE SCOPE, APPLICABILITY, ENFORCEABILITY, REVOCABILITY OR VALIDITY OF THE ARBITRATION AGREEMENT) SHALL BE DECIDED BY THE ARBITRATOR.
NOTWITHSTANDING THE PRECEDING PARAGRAPH, NEITHER PARTY SHALL BE OBLIGATED TO SUBMIT TO ARBITRATION A CLAIM FOR INJUNCTIVE RELIEF, SPECIFIC PERFORMANCE, OR ANY OTHER EQUITABLE REMEDIES TO WHICH SUCH PARTY MAY BE ENTITLED.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND COVE ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS AGREEMENT OR REQUIRED BY APPLICABLE LAW. THIS ARBITRATION AGREEMENT IS INTENDED TO REQUIRE ARBITRATION OF EVERY CLAIM OR DISPUTE THAT CAN LAWFULLY BE ARBITRATED.
THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING.
ANY CAUSE OF ACTION OR ARBITRATION DEMAND MUST BE COMMENCED OR SUBMITTED TO THE AAA WITHIN ONE (1) YEAR AFTER THE ALLEGED INJURY HAS BEEN DISCOVERED OR REASONABLY COULD HAVE BEEN DISCOVERED. OTHERWISE, SUCH CAUSE OF ACTION OR DEMAND IS PERMANENTLY BARRED.
Any arbitration conducted pursuant to this Arbitration Agreement shall be administered by the American Arbitration Association (“AAA”) and pursuant to the applicable AAA rules. You can learn more about the AAA and its rules and processes at www.adr.org. Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the Claims presented, the arbitrator shall have the discretion to select a different set of arbitration rules, but in no event shall the arbitrator consolidate more than one person’s Claims, or otherwise preside over any form of class, collective or representative proceeding.
Cove Property Management, LP
Attn: Legal Department
2999 North 44th St, Suite 200
Phoenix, AZ 85018
All Claims between us, whether subject to arbitration or not, will be governed by Arizona law, excluding Arizona’s conflict of laws rules, except to the extent that Arizona law is contrary to or preempted by federal law.
If a Claim between you and us is not subject to arbitration, you agree that the claim must be resolved exclusively in the U.S. District Court for the District of Arizona or a state court located in Maricopa County, Arizona, and that you submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.
If any provision of this Arbitration Agreement is found unenforceable, that provision will be severed and the balance of the dispute resolution provision will remain in full force and effect
YOUR CALIFORNIA PRIVACY RIGHTS
|The Personal Information We Collect||How we use the Personal Information we collect from you.|
|Contact Information, Identity Information, Account Information||To register you as a new customer|
|Contact Information, Identity Information, Account Information||To process and deliver your order including managing payments, fees, and charges; collecting and recovering money owed to us;|
|Contact Information, Identity Information, Account Information||To enable you to participate in a drawing, sweepstakes, competition, or complete a survey|
|Contact Information, Identity Information, Account Information, Technical Information, Usage Information||To administer and protect our business and the Website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting)|
|Contact Information, Identity Information, Account Information, Technical Information, Usage Information||To deliver relevant content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you|
|Technical Information, Usage Information||To use data analytics to improve the Website, products/services, marketing, customer relationships, and experiences|
|Contact Information, Identity Information, Technical Information||To make suggestions and recommendations to you about goods or services that may be of interest to you|
|Contact Information, Identity Information, Account Information, Technical Information, Usage Information||To comply with applicable law and to perform legal obligations to you and others|
|To protect our legitimate business interests including, running our business, administration, IT, Website security, prevent fraud, restructuring, marketing research, keep our records updated, and to study how customers use our products/services|
- Right to Know. You have the right to ask us what Personal Information we have collected from you over the past 12 months. You may make such requests up to twice a year.
- Right to Delete. You can request that we delete your Personal Information where there is no good reason for us to continue to process it, where you have successfully exercised your right to object to our continued processing (see below), where we may have processed your information unlawfully, or where we are required to delete your Personal Information to comply with applicable law. Note, however, that we may not always be able to comply with your deletion request for specific legal reasons which will be provided to you, if applicable, at the time of your request.
- Right to Opt-Out (“Do Not Sell”). You can ask us to stop sending you marketing messages at any by contacting us at email@example.com. Where you opt out of receiving these marketing messages, this will not apply to Personal Information provided to us as a result of a product/service purchase, warranty registration, or other transaction with us, and/or other Personal Information that we possess for other purposes.
- 13-15 Year Olds. We automatically opt-out consumers whom we actually know are at least 13 and less than 16 years old.
2. Exercising Your Rights.
- Right to Know and Right to Delete. You may ask us for the Personal Information we have about you, or ask us to delete your Personal Information, by email at firstname.lastname@example.org. When you make a request, we will verify your identity by sending you an email and asking you to respond.
- If you ask what Personal Information we have received from you, and we cannot verify your identity, or if providing the information, you have requested creates a security risk, we will give you a general description of the type of Personal Information we have about you.
- If you ask us to delete your Personal Information, and we can’t verify your identity and confirm that you made the request, we will not be able to process it. Generally, though, if we can confirm your identity and your request, we will delete, de-identify, or aggregate your Personal Information so it can no longer be associated with you. Notwithstanding your request for us to delete your Personal Information, there are some reasons that the law may require or permit us to keep your Personal Information.
- Opt-Out (“Do Not Sell”). If you do not want us to disclose or transfer your Personal Information to a third party, you may opt out by emailing us at email@example.com.
- Authorized Agents. California residents may use an authorized agent to submit a right to know request or a request to delete. To use an authorized agent, the California resident must provide the agent with written authorization to act on their behalf. In addition, the California resident may be required to verify their own identity with Cove. We may deny a request from an agent that does not submit proof that they have been authorized by the California resident to act on their behalf. Such requirements, however, will not apply where a California resident has provided the authorized agent with power of attorney pursuant to Cal. Prob. Code Sections 4000 to 4465. In general, you will need to provide proof that you are registered with the Attorney General, as required by law, and proof you have written authority to act for the consumer. You shall also provide the email address of the consumer you are representing so we can verify their identity, or provide documentation that you have power of attorney for the consumer pursuant to Probate Code sections 4000-4465. We will not be able to process requests without sufficient documentation that you are authorized to represent the consumer or that you are registered with the Attorney General.
- Requests made on behalf of a “Household”. If you would like to request Personal Information about your household, you will need to provide us with adequate information to confirm that you are authorized to act on behalf of each member of the household. We will need to verify the members of the household, and in some cases, if a request raises security concerns for any household member, we may not be able to process the request.
3. CALIFORNIA “SHINE THE LIGHT” LAW AND CALIFORNIA “ERASER” LAW. Residents of the State of California may request a list of all third parties to which we have disclosed certain information during the preceding year for those third parties’ direct marketing purposes. If you are a California resident under the age of 18, and a user of the Website, you may request removal of content or information you have publicly posted. Please be aware that such a request does not ensure complete removal from the Internet of the content or information you posted, and there may be circumstances in which the law does not require or allow removal. For all requests under the “Shine the Light” or “Eraser” Law, please email us at firstname.lastname@example.org. We will accept requests to exercise these rights only with respect to you providing us with complete and accurate information.