PRIVACY POLICY

1. Privacy Statement

Starfish Resort and its affiliates (collectively “Starfish Resort”, “we” or “us”) are committed to protecting your privacy, and support a general policy of openness about how we collect, use and disclose your Personal Information (as defined below).  The purpose of this Privacy Policy is to inform you about Starfish Resort’s practices relating to the collection, use and disclosure of Personal Information that may be provided through access to or use of our websites, services or products or that may otherwise be collected by us. 

This Privacy Policy also explains how you can contact us if you have a question about, want to access, make a change to, object to the processing of or delete any Personal Information that Starfish Resort may be holding about you.  As one of our guests or someone else with whom we do business, you understand and agree that we collect, use and disclose your Personal Information in accordance with this Privacy Policy. 

While this Privacy Policy is intended to describe the broadest range of our Personal Information processing activities globally, those processing activities may be more limited in some jurisdictions based on the restrictions of their laws. For example, the laws of a particular country may limit the types of Personal Information we can collect or the manner in which we process that Personal Information. In those instances, we adjust our internal policies and/or practices to reflect the requirements of local law.

2. What Personal Information We Collect 

For the purpose of this Privacy Policy, “Personal Information” means information about you that is personally identifiable as defined in accordance with applicable law.  The types of personal information that we may collect and process (which may vary by jurisdiction based on applicable law) include, but are not limited to:

• your name and surname, gender, personal and work contact details (such as address, telephone number, e-mail address) business title, date and place of birth, image, nationality, and passport and visa information;
• guest stay information, including the hotels where you have stayed, dates of arrival and departure, goods and services utilized, special requests made, observations about your service preferences (including room and vacation preferences), telephone numbers dialed and faxes, texts and telephone messages received;
• your credit card or debit card details or other means of payment accepted by Starfish Resort;
• any information necessary to fulfil special requests (i.e. health conditions that require specific accommodation or services);
• information, feedback or content you provide regarding your marketing preferences, in surveys, contests, or promotional offers, or to our websites and those of third parties that have a commercial relationship with Starfish Resort;
• information collected while at a Starfish Resort hotel through the use of closed-circuit television systems, internet systems (including wireless networks that collect data about your computer, smart or mobile device, or your location), card key and other security and technology systems;
• images and audio of you captured by surveillance cameras throughout the Starfish Resort hotels for security purposes; and
• information collected while you access a Starfish Resort website (we describe this in more detail in Section 9 below).

We may collect data that is sensitive such as ethnic background or origin, religion, past and current health, and will seek your consent under applicable law. This sensitive data will be treated accordingly.

The Personal Information we process is information that you or someone acting on your behalf knowingly provides to us or information that we receive from a third party. In case of Personal Information belonging to minors or mentally incapables under applicable law, we will seek consent of parents, legal guardians or legal representatives, as appropriate. Parents, legal guardians or legal representatives shall exercise data protection rights on behalf of such minors or mentally incapable people.

This Privacy Policy also applies to the Personal Information about you that we receive from a third party, unless specifically covered by such third party’s privacy policy.

3. How We Use Your Personal Information

Subject to applicable laws, we may collect, use and disclose your personal information in order to:

• register, confirm, provide and charge for hotel accommodation, services and products charged to your room and other goods and services requested by you, including those services requested to third parties with a commercial relationship with Starfish Resort;
• provide you with a better or more personalized level of service, including information and services from a third party (such as additional guest services at Starfish Resort hotels, local attractions, excursions and transportation options);
• respond to requests for information and services, including services from a third party (such as transportation providers and providers of excursions);
• fulfil contractual obligations to you, anyone involved in the process of making your travel arrangements (i.e. tour operators, travel agents, group travel organizers or your employer) and vendors (i.e. credit card companies, airline operators, excursion providers);
• provide for the safety and security of staff, guests and other visitors;
• administer general record keeping;
• meet legal and regulatory requirements;

• advise you about new products and services that may be of interest to you, subject to your consent in accordance with applicable laws (may be considered as secondary or non-necessary purpose);
• communicate about, and administer your participation in, special events, programs, surveys, contests and other offers or promotions, subject to your consent in accordance with applicable laws (may be considered as secondary non-necessary purpose);
• develop and maintain our relationship with you and communicate with you;
• bill you for our products and services and collect outstanding debts; and
• perform data analyses and conduct other research (such as market and consumer research and trend analysis) to develop, manage, protect and improve our products and services, website, and business (including analyzing the effectiveness of our marketing, sales and advertising) (may be considered as secondary non-necessary purpose).

4. When We Disclose Your Personal Information

Except with your consent, we will not transfer or assign in any form your Personal Information to or with third parties.  From time to time, we may disclose your Personal Information as set out below. We would always make that disclosure in accordance with applicable law. In some jurisdictions, data privacy laws may require us to obtain your consent before we transfer your information from your originating country to other countries. When you agree to this Privacy Policy, you are, to the extent required and permitted under your local law, granting your consent to the transfer of your Personal Information to such other countries for the purposes set out in this Privacy Policy and to the extent stated in this section and as described in Section 3 above.  Circumstances where we might make such disclosure (in addition to those described in Section 3 above) include:

4.1. Our affiliates and subsidiaries

Starfish Resort may disclose and you authorize Starfish Resort to disclose your Personal Information with its affiliates and subsidiaries.

4.2. Our Agents, Service Providers and Suppliers

Starfish Resort may share and you authorize Starfish Resort to share your Personal Information with third parties engaged to assist Starfish Resort in providing services to you or to carry out one or more of the purposes described above. These third parties are prohibited from using your Personal Information for any purpose other than to provide this assistance and we oblige those third parties to protect your Personal Information in accordance with the terms and conditions of this Policy, with appropriate security measures.  These third parties may not process or otherwise use your Personal Information, except in accordance with Starfish Resort's Privacy Policy and in accordance with applicable law. 

4.3. Legal Requirements

Starfish Resort reserves the right to disclose Personal Information to a third party if a law, regulation, search warrant, subpoena or court order legally requires or authorizes us to do so, or in the context of discovery procedures or if we determine it is necessary or desirable to comply with the law or to protect or defend our rights or property in accordance with applicable laws. We also reserve the right to retain Personal Information collected and to process such Personal Information to comply with accounting and tax rules and regulations and any specific record retention laws.

4.4. Business Transfers

Starfish Resort reserves the right to disclose and/or transfer Personal Information to a third party in the event of a proposed or actual purchase, sale (including a liquidation, realization, foreclosure or repossession), lease, merger, amalgamation or any other type of acquisition, disposal, transfer, conveyance or financing of all or any portion of Starfish Resort or of any of the business or assets or shares of Starfish Resort or a division thereof in order for you to continue to receive the same products and services from the third party in accordance with applicable law and you consent to such disclosure and/or transfer.

5. Consent and Your Rights to Access Data 

Starfish Resort collects Personal Information about you only when you voluntarily provide it.  You may always choose what Personal Information (if any) you wish to provide to us. However, if you choose not to provide certain details, some of your experiences with us may be affected (for example, we cannot take a reservation without a name).

We will seek consent for the use or disclosure of your Personal Information at the time of collection.  Subject to applicable laws, you have the right to access, correct or request the deletion of your Personal Information at any time.  In certain circumstances, you may have the right to object to the processing of your Personal Information. In such case, please contact our Privacy Officer as described below under “Contacting Us”. 

You also have the right to withdraw your consent at any time, subject to legal restrictions and where applicable reasonable notice is required.   If you wish to withdraw your consent, please contact our Privacy Officer as described below under “Contacting Us”.

We will not, as a condition of the supply of a product or service, require you to consent to the collection, use or disclosure of information beyond that required to fulfill the explicitly specified and legitimate purposes for which the information is being provided.

6. Use or Disclosure for Marketing Purposes

Your Personal Information will be used for the purposes described in this Privacy Policy. Many of the purposes described in this Privacy Policy are necessary for the existence, maintenance or fulfilment of the relationship between you and Starfish Resort. We also use your Personal Information for purposes that may not necessary for the existence, maintenance or enforcement of your relationship with Starfish Resort. These non-necessary purposes include sending you promotional materials, customizing your visits to our sites and social media channels, delivering content tailored to your interests, and participating in interest-based advertising. 

If you have subscribed to receive Starfish Resort promotional and marketing emails, we may also use (but will not disclose) your Personal Information to send you relevant information by email based on your subscription preferences.  We may also disclose your Personal Information to our affiliates so that they can send you promotional materials directly by email.

You may unsubscribe at any time by clicking the unsubscribe link imbedded at the bottom of Starfish Resort’s email communications.  Note, however, that clients of Starfish Resort will continue to receive periodic emails that relate to their business relationship with us.

If you believe that any of the purposes of use described above do not originate from or are not necessary for your relationship with Starfish Resort or if you choose not to allow us to use your Personal Information for marketing purposes, you may request that we not process your Personal Information for those purposes by contacting us as outlined below (see “Contacting Us”). 

7. How we Protect Your Personal Information    

Starfish Resort makes commercially reasonable efforts to ensure that Personal Information collected from you is protected against loss, theft and unauthorized access, disclosure, copying, use, or modification.  This protection applies in relation to information stored in both electronic and hard copy form.  Access to your Personal Information is restricted to selected employees or representatives.  In addition, Starfish Resort employs generally accepted information security techniques, such as firewalls, access control procedures and cryptography, to protect Personal Information against loss and unauthorized access.

8. Retention and Storage of Your Personal Information

Starfish Resort retains your Personal Information for as long as necessary to fulfill the purpose(s) for which it was collected according to this Privacy Policy and to comply with applicable laws, and your consent to such purposes(s) remains valid after termination of our relationship with you.

9. Cookies

When you visit our website, we or one of our third-party service providers places a text file called a “cookie” in the browser directory of your computer’s hard drive.  A cookie is a small piece of information that a website can store on your web browser and later retrieve information.  The cookie cannot be read by any website other than the one that placed the cookie.

Our third-party service providers use cookies on our behalf to collect and store Internet log information, such as what time the visits occurred, whether the visitor has been to this site before, and what site referred the visitor to the web page. Geographic data is also determined by the IP Address of the visitor’s computer. This information collected by the cookie is transmitted to our third-party service providers and is then used to evaluate visitors’ behaviour and to generate statistical reports for the website activity on Starfish Resort’s website, and may be used for marketing purposes.

You can choose to disable cookies in your browser at any time by following the procedure described in the Tools or Preferences menu in your browser. If you choose to modify your browser in this manner, some pages of this website may not function properly. Further information about cookies and other similar technology and how they work is available at allaboutcookies.org.

10. Links to Third Party Sites

The Starfish Resort’s website may offer links to other third-party websites.  You should be aware that operators of linked websites may also collect your Personal Information (including information generated through the use of cookies) when you link to their websites.  Starfish Resort is not responsible for how such third parties collect, use or disclose your Personal Information, so it is important to familiarize yourself with their privacy policies before providing them with your Personal Information. 

11. Changes to this Privacy Policy

Starfish Resort reserves the right to modify this Privacy Policy at any time without notice to reflect changes in legal or regulatory obligations or changes in the manner in which we deal with Personal Information. The Privacy Policy, including updates and amendments, posted at any time or from time to time via this website, shall be deemed to be the Privacy Policy then in effect. This Privacy Policy is effective as of July 17, 2016. 

12. Accessing, Correcting, Updating, or Deleting  Your Information

You can help us maintain the accuracy of your Personal Information by notifying us of any changes to this information. You may also contact Starfish Resort’s Privacy Officer as indicated below to withdraw your consent for processing your Personal Information, to access, correct, update, delete or object to the processing of your Personal Information.

We will inform you of a decision regarding your request in relation with your Personal Information in accordance with applicable law. With respect to a request for access to your Personal Information, we will send you a response by email, fax or postal mail as provided.

13. Contacting Us

If you have any questions about this Privacy Policy, about the processing of your Personal Information, or any concerns or complaints with regard to the administration of this Privacy Policy, or if you want to submit a written request concerning your Personal Information, then you may contact our Privacy Officer at via email at privacy@bluediamondresorts.com.

We may require you to confirm your identity (such as by providing government-issued identification) before processing any request in relation with your Personal Information.