Privacy Policy
INFORMED CONSENT
By using this Website you are expressly agreeing to the terms of this Privacy Policy and the collection, storage, use and disclosure of your personal information as described herein. Please read this Privacy Policy carefully prior to using this Website.
1. Scope of Privacy Policy
This Privacy Policy describes how Vacatia, Inc., a Delaware corporation, and its affiliates (collectively, "we," "us," "our," or the "Company") handle your personal information when you use the Company's website – https://vacatia.com/ (the "Website"), and related applications, tools and services. It applies generally to the Website and its content.
2. Privacy Commitment
The Company is committed to providing information tailored to your individual needs while providing excellent service to all of our visitors and customers, including respecting concerns about privacy. Accordingly, the Website is compliant with the Online Privacy Alliance guidelines. We understand that you may have questions about whether and how this Website collects and uses information. This Privacy Policy details the steps we take to respect your privacy concerns. If, after reviewing this Statement, you have any questions or privacy concerns, please send an email to privacy@vacatia.com or send a letter to:
Attn: Legal Department – Privacy Policy
2424 S.E. Bristol St., Suite 280
Newport Beach, CA 92660
- In General
We may collect and store any information you enter on the Website or otherwise provide to us. This includes information that identifies you personally ("personal information"), including your first and last name, telephone number, physical and email address(es), and billing information (such as credit card number, cardholder name, and expiration date). We may also request information about your accommodation preferences and frequent traveler program(s) of which you are a member. You can choose not to provide information to us, but typically some information about you will be required in order for you to register as a member; complete a profile; list for sale or purchase a vacation ownership interest; make travel reservations; participate in surveys, contests, or sweepstakes; ask us a question; or initiate other transactions on our site. - Browsing.
The Website does not collect personal information from your computer when you browse the Website and request pages from our servers. This means that unless you specifically and knowingly provide us with personal information (e.g. registering to create an account), we will not know your name, your email address, or any other personally identifiable information. However, we do collect some information about your computer when you visit the Website. For example, we will collect your IP address, web browser software (such as Internet Explorer, Google Chrome or Safari), and referring website information.
We also may collect information about your online activity, such as destinations, resorts, and residences viewed; features such as filters, photos, floor plans, or payment options used; and bookings held or made. If you are using our mobile app, we may track when the app is downloaded from our servers, as well as certain identifying information about the device to which the app is downloaded. Our goal in collecting this information is to help customize your user experience, make your return visit more convenient, and deter fraud. - Registration, Completion of Forms, and Transactions.
Personal information is collected through the completion of online forms. We use this information to provide the services offered on this Website. In addition to that, we also collect anonymized aggregate information such as pages visited, which is necessary for us to be sure that our Website functions correctly.
We may collect personal information about you as follows:
• When you register to create an account, offer one or more vacation interests for sale, offer to purchase one or more vacation interests for purchase, consummate the purchase or sale of a vacation interest, book the rental of accommodations, or book/reserve other travel related goods or services.
• From transaction information we obtain from our files and the files of others supporting any transaction in which you may take part.
Unless specifically stated otherwise in a revision of this Privacy Policy, no additional non-public, personal information about you will be collected.
- Posting to User Forums.
Portions of the Website may enable you to send emails and other types of messages to us or to third parties and to participate in bulletin boards, discussion groups, blogs, multi-author blogs, etc. (collectively "User Forums"). All such emails, messages and postings to User Forums become our property once you submit them. Whenever you choose to initiate these kinds of communication with us, or anyone else, you may be contacted in return. Also, remember that our User Forums are open to the public, and, therefore, your postings can be seen by anyone and are not protected by us or any other entity. Please use your discretion when deciding whether and what to post and whom to contact. We reserve the right, in our sole discretion, to edit or delete postings from our User Forums. This reservation of rights shall not under any circumstances obligate us to conduct such edits or deletions, nor shall it cause us to be liable for any such edits or deletions or lack thereof. - Information from Other Sources.
We may also obtain both personal and non-personal information about you from affiliated entities, business partners and other independent third-party sources and add it to your account information. Examples of information we may receive include: updated delivery and address information, purchase history, and demographic information. In addition, if you create an account for the Website using a social media account, link your Website account to a social media account, or use certain other Website social media features, we may access information about you via that social media provider in accordance with the provider's policies. The information may include your name, email address, profile picture, gender, list of friends, and other information. Depending on the privacy settings of you and your friends, we may access information that you provide to a social media provider regarding your respective locations to provide you with relevant content. Please note that your location information may also be shared with your friends on a social media provider in accordance with your privacy settings for that social media provider.
Sharing Your Information
We may share your information with the following parties:
- Suppliers. Suppliers include, but are not necessarily limited to, vacation interest sellers; rental accommodation, hotel, airline, car rental, and activity providers who fulfill your travel reservations; lenders who provide financing regarding the purchase of a vacation ownership interest. We do not share your information with these suppliers unless they need it to fulfill a transaction you have arranged through this Website. We do not place limitations on our suppliers' use or disclosure of your information. Therefore, we encourage you to review the privacy policies of any supplier whose products you book through this site. Please note that these suppliers also may contact you as necessary to obtain additional information about you, facilitate your transaction, or respond to a review you may submit.
- Third-Party Service Providers. Those who provide services or functions on our behalf, including credit card processing, business analytics, customer service, marketing, distribution of surveys or sweepstakes programs, and fraud prevention. We may also authorize third-party service providers to collect information on our behalf, including as necessary to operate features of our website or to facilitate the delivery of online advertising tailored to your interests. Third-party service providers have access to and may collect information only as needed to perform their functions and are not permitted to share or use the information for any other purpose. They are also required to follow the same data security practices to which we ourselves adhere.
- Business Partners. Business partners with whom we may jointly offer products or services, or whose products or services may be offered on our website. You can tell when a third party is involved in a product or service you have requested because their name will appear, either alone or with ours. If you choose to access these optional services, we may share information about you, including your personal information, with those partners. Please note that we do not control the privacy practices of these third-party business partners.
- Associated Sites and Other Referring Websites. An "Associated Site" is a website not owned or operated by us, but which uses our booking capabilities for processing travel reservations. Our name may or may not appear on the Associated Site. You may have accessed our Website via an Associated Site. If you were referred to this website from an Associated Site or another site (for example, through a link you clicked on), we may share some information about you with that referring website. We have not placed limitations on Associated Sites or other referring websites' use of your personal information and we encourage you to review the privacy policies of any website that referred you here.
- Companies Within Our Corporate Family. We may share your personal information with any parent corporation, or corporate affiliates or subsidiaries (collectively, "Affiliates"). This sharing enables us to provide you with information about products and services, both travel-related and other, which might interest you. To the extent that any corporate Affiliates have access to your information, they will follow practices that are at least as restrictive as the practices described in this Privacy Policy. They also will comply with applicable laws governing the transmission of promotional communications and, at a minimum, give you an opportunity in any commercial email they send to choose not to receive such email messages in the future.
We may share your information:
- In response to subpoenas, court orders, or other legal process; to establish or exercise our legal rights; to defend against legal claims; or to otherwise comply with laws, statutes, regulations, etc. In such cases we reserve the right to raise or waive any legal objection or right available to us.
- When we believe it is appropriate to investigate, prevent, or take action regarding illegal or suspected illegal activities; to protect and defend the rights, property, or safety of our company or this website, our customers, or others; and in connection with our Terms of Use and other agreements.
- In connection with a corporate transaction, such as a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
We may share or sell personal or non-personal information, as required or allowed by law.
We may also share aggregate or anonymous information with third parties, including advertisers and investors. For example, we may tell our advertisers the number of visitors our website receives or the most popular accommodations and vacation destinations. This information does not contain any personal information.
Your Choices With Respect to Collection and Use of Your Information
You have several choices when it comes to collection and use of your information. These choices include the following:
- As discussed above, you can choose not to provide us with any information, although it may be needed to book travel or to take advantage of certain features offered on this site.
- You may be given the opportunity to subscribe to an email newsletter to receive information about special offers. If you choose to do so, you will also be given the opportunity to unsubscribe from commercial messages in any such email we send. Please note that we reserve the right to send you other non-marketing communications, including service announcements, administrative messages, and surveys relating to your transactions on this site, without offering you the opportunity to opt out of receiving them.
- The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Please note that if you refuse to accept cookies from this site, you will not be able to access portions of our site.
5. Mobile Device Applications
When you use one of our mobile device applications ("Mobile Apps"), we collect and use information about you in the same way and for the same purposes as we do when you use our Website.
We also use other information collected automatically when you use our Mobile Apps as set forth below:
- We collect information about Mobile App functionality that you access and use. This allows us to identify those areas of the Mobile App that are of interest to you so that we can refine and continuously improve the Mobile App. The information we collect in this regard does not enable us to directly identify you.
- Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to useEach Mobile App sends us the mobile device's unique device identifier (or "UDI"), consisting of a sequence of numbers or characters that are unique to your mobile device. We use this UDI to confirm to our advertisers the number of downloads resulting from clicks on their respective ad banners and other marketing tools. our Website, subscribing to our service, posting material, or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Website.
- When you use a Mobile App, you can choose to allow access to your current location which is determined utilizing GPS or similar technologies. If you choose to allow access, this location data may be collected anonymously as part of search requests logged by our servers. You can switch off the Mobile App's access to your location at any time through your device's settings menu.
- Each Mobile App will also send us error-reporting information in the event that it crashes or hangs. This enables us to investigate the error and to improve the stability of the Mobile App for future releases. As part of these error reports, the Mobile App sends us information about the mobile device type and version, the UDI, the time the error occurred, the feature being used and the state of the application when the error occurred. We do not use this information for any purpose other than investigating and remedying the error.
You always have the ability to control what information a Mobile App sends to us. You can exercise this control either by changing the settings of the Mobile App under its settings menu or changing the settings of your mobile device. Alternatively, you can remove the Mobile App from your mobile device entirely and access our services through our website.
The Website uses personal information you provide to effectuate purchase and sale transactions regarding vacation interests, to effectuate accommodation rental transactions, and to effectuate the rental/reservation of other travel related services and products, and to contact you. For example, if you download information regarding one or more vacation interests listed on our Website or place an offer on a particular vacation interest, the seller and its representatives are given limited access to your information. If you load information onto our Website regarding a vacation interest you are trying to sell, prospective purchasers and others utilizing the Website are given limited access to your information. If you enter into a purchase and sale agreement regarding a vacation interest, the buyer or seller (as appropriate) and any parties who assist in processing the transaction (including, but not limited to, title and escrow companies, taxing agencies, homeowners associations, etc.) are given access to your information. Similarly if you seek to make a reservation at accommodations listed on our Website, the owner of such accommodations, and any parties who assist in processing the transaction are given access to your information. We also use this information to better understand how visitors use our Website and how to enhance your experience, by improving the Website's content and functionality. We also track the last web page visitors were on before visiting our Website, also known as a "referrer" or "referring website," and use that data to formulate statistical models.
7. Cookies and Tracking Technology
This Website uses "cookie" technology. "Cookies" are small files that a website stores on a user's computer. This Website uses cookies to keep the information you enter on multiple pages together. A majority of cookies we use are "session" cookies, meaning that they are automatically deleted from your hard drive after you close your browser at the end of your session. Session cookies are used to optimize performance of the website and to limit the amount of redundant data that is downloaded by your computer during a single session. We also use "persistent" cookies, which remain on your computer unless deleted by you (or by your browser settings). We use persistent cookies for statistical analysis of performance to ensure the ongoing quality of our services. In either case, we do not use cookies to obtain or retain any transaction details or any personally identifiable information about you apart from what you voluntarily provide us. You may set your browser to block cookies (consult the instructions for your particular browser on how to do this), although doing so may interfere with your ability to perform certain transactions, use certain functionality, and access certain content on our Website.
In addition to the above cookies, we use Local Shared Objects, also referred to as "flash cookies," on our web site. These are used to enhance your user experience, for example, by storing your user preferences and settings, such as your volume/mute settings, and in connection with animated content on our website. Local Shared Objects are similar to browser cookies, but can store data more complex than simple text. By themselves, they cannot do anything to or with the data on your computer. Like other cookies, they can only access personally identifiable information that you have provided on this site, and cannot be accessed by other websites. To find out more about flash cookies or how to disable them, go to this page http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html
We log your IP address in order to help diagnose problems with our server, administer our Web site and track usage statistics. Your IP address may vary each time you visit, or it may be the same, depending on whether you access our site through an always-on type of Internet connection (for example, a cable modem or DSL), or through a dial-up connection (for example, through a dial-up AOL or Earthlink connection). Either way, it would be extremely difficult for us to identify you through your IP address, and we make no attempt to do so. If you reached our site by clicking on a link or advertisement on another site, then we also log that information. This helps us maximize our Internet exposure, and it helps us understand our users' interests. All of this information is collected and used only in the aggregate; that is, it is entered into our database, where we can use it to generate overall reports on our visitors, but not individual reports that identify you personally.
We may use Web beacons on our site or other sites and may permit third parties to place them on our site to monitor the effectiveness of advertising or for other legitimate purposes. A Web beacon is a small, graphic image on a Web page, Web-based document or in an e-mail message that is designed to allow the site owner or a third party to monitor who is visiting a site. Web beacons are often invisible to the user because they are typically very small (only 1-by-1 pixel) and the same color as the background of the Web page, document or e-mail message. Web beacons are represented as HTML IMG tags in the Web page; users can click on "view profiles" of the Web page to see whether the page is using a Web beacon. Web beacons collect the IP address of the computer that the Web beacon is sent to, the URL of the page the Web beacon comes from and the time it was viewed. Web beacons can also be linked to personal information. For example, advertising networks use Web beacons to add information to a personal profile of what sites a person is visiting and to determine what banner ads to display based on the profile. Another use of Web beacons is to provide an independent accounting of how many people have visited a particular Web site. Web beacons are also used to gather statistics about Web browser usage at different places on the Internet.
8. Opting out of Emails
Email contact information is required to use Vacatia's transactional services. As such, you will be required to provide your email address to Vacatia in order to complete a transaction on our website.
Additionally, all users may receive marketing newsletters and other email communications from us. This may include news alerting you to new features, products, promotions, special pricing or benefits, or services pertaining to the Website. If you are located in the European Union, you must explicitly check the box to opt in to receive such communications. Otherwise, we have already checked the box for you, so you may begin receiving such information right away.
If you no longer wish to receive materials from us, you may opt out of receiving these communications by going to the following URL address: https://vacatia.com/account/settings/notifications, logging into your account, and simply unchecking the various notification boxes; or by sending us an email at privacy@vacatia.com that includes your name and email address, and letting us know you want to unsubscribe. We will promptly comply with all requests for removal.
Additionally, in compliance with the CAN-SPAM Act of 2003 (codified at http://www.gpo.gov/fdsys/granule/USCODE-2011-title15/USCODE-2011-title15-chap103-sec7701), each email transmitted by the Website contains instructions for opting out of future emails. Such instructions may include, without limitation: (a) clicking a link on the email which sends a reply to the sender's server indicating the sender's desire to opt out of future emails, or (b) instructions for mailing a written request to be removed from future emails. All requests to opt out of future emails will be respected.
9. Security and Account Protection
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction. We maWe use commercially reasonable security measures to protect the loss, misuse, and alteration of the information under our control. However, we cannot guarantee the protection of information against interception, misappropriation, misuse, or alteration or that your information may be not be disclosed or accessed by accidental circumstances or by the unauthorized acts of others. When you enter sensitive information (such as credit card number and/or social security number) on our registration or order forms, your information is encrypted using secure socket layer technology (SSL). You should be aware that we have no control over the security of other sites on the Internet you might visit, interact with, or from which you buy products or services.y disclose personal information that we collect or you provide as described above (How We Use Your Information and Legal bases for Processing) to the following:
Upon request, we will let you know whether we hold any of your personal information (e.g. your name and phone number or email address). Please note that we take commercially reasonable steps to ensure that the information and data we hold is accurate. You may access, correct, or request deletion of (the "right to be forgotten") your personal information by contacting us as set forth in Section 15, below. We will use commercially reasonable efforts to timely respond to all such requests we deem to be legitimate. Please note that in certain circumstances we may be required by law to retain your personal information, or may need to retain your personal information in order to complete our providing a service to you.
11. Third Parties
The Website may contain links to third-party websites for your convenience and information. If you access those links, you will leave this Website. Please be aware that we are not responsible for the content or privacy practices of other websites to which we link. We do not endorse or make any representations about third-party websites. You should also be aware that, when you voluntarily disclose personal information in public forums, such information may be collected by others and may result in receiving unsolicited messages. The personal data you choose to provide to or that is collected by these third parties is not covered by our Privacy Policy. We strongly encourage that when you leave our Website you should read the Privacy Policies of each website that collects personally identifiable information.
We may also provide social media features that enable you to share information with your social networks and to interact with Vacatia.com on various social media sites. Your use of these features may result in the collection or sharing of information about you, depending on the feature. We encourage you to review the privacy policies and settings on the social media sites with which you interact and make sure you understand the information that may be collected, used, and shared by those sites.
12. COPPA Compliance — Child Privacy Safeguards
This Website is not intended for use by persons under the age of 13. None of Vacatia®, Vacatia, LLC or any affiliate or subsidiary thereof, knowingly solicit or collect information from or about children under the age of 13 on their internet websites, except as permitted by law. If you believe that your child has submitted personal information to our Website and you would like to request that such information be deleted, you may do so by emailing privacy@vacatia.com or by calling (855) 858-3950. Further, in accordance with law, when a visitor files a complaint online and indicates an age under 13, no personally identifying information will be collected in conjunction with that submission. You can learn more about COPPA at the United States Federal Trade Commission Website: http://www.ftc.gov/privacy/privacyinitiatives/childrens.html.
13. California Privacy Rights
Under the California "Shine the Light" law, California residents may opt-out of a company's disclosure of personal information to third parties for its direct marketing purposes. As detailed above, you may choose to opt-out of the Company's sharing of your personal information with third parties for marketing purposes at any time by submitting a request to us by email at privacy@vacatia.com or by calling (855) 857-7588. It is important to note that this opt-out does not prohibit disclosures made for non-marketing purposes.
14. Changes to Privacy Policy
We may change this Privacy Policy at any time by posting the amended terms on this Website. All changes will be made here so that you will always know what information we gather, how we might use that information, and whether we may share it with anyone. Any changes to this Statement will become effective when we post a revised Statement on the Website. Your use of the Website following these changes means that you accept such revisions, if any.
15. Contact Us
Should you have any questions about this Privacy Policy, or if you otherwise need to contact the Company regarding your personally identifiable information, contact the Company by sending an email to privacy@vacatia.com. Please provide the Company with your name, mailing address, telephone number and email address so the Company can service you more quickly.
If you need assistance with this Website or with any service or information provided through it, or if you need to communicate with us, please telephone us at or write to us at:
Vacatia, Inc.
c/o Privacy Policy
548 Market St, PMB 28046
San Francisco, California 94104-5401
You acknowledge and agree that we may record the conversations our agents or employees have with you in our sole discretion. We do this from time to time to monitor the quality of service and accuracy of information our agents and employees give to you and to ensure that your instructions are followed. No agent or employee of the Company is authorized to waive any provisions of our Company policies and procedures.
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