Privacy Policy
Latest Revision Date: 04/28/09
This privacy policy (”Policy”) explains how real estate professionals and other authorized individuals/entities (”Member”), visitors/guests (”Guest”), and participating resort property owners/developers/sales staff (”Subscriber”) personal information is collected, used, and disclosed as it pertains to your use of the website located at www.ResortAuthority.com (”Site”) operated by Resort Authority, LLC dba ResortAuthority.com. We reserve the right, in our sole discretion, to change the terms and provisions of this Policy at any time, for any reason, and without advance notice. Any time a change is made to the Policy, we will notify you by posting such changes by adding a new date in the Latest Revision Date of the Policy. By using the Site following the posting of such changes or revisions of the Policy, you are consenting to and agreeing to all changes in our privacy policy, disclaimer and practices. Please check this Policy periodically for changes. Your use of the Site following any such modifications constitutes your agreement to follow and be bound by the terms and the conditions of the Policy as modified. If you breach any of the terms or conditions of the Policy, your right to use this Site will terminate automatically.
WHAT IS CONSIDERED PERSONAL INFORMATION?
The term “personal information” as used herein shall mean information that specifically identifies a Member, Guest, or Subscriber as an individual (such as a name, address, telephone number, e-mail address, license numbers or other account numbers), and information about that individual’s activities, such as information concerning a Member or Guests use of the Site, when directly linked to personally identifiable information. Personal information also includes demographic information such as date of birth, gender, geographic area and preferences, but only when such information is linked to other personal information that identifies an individual Member, Guest, or Subscriber.
WHAT IS NOT CONSIDERED PERSONAL INFORMATION?
Any data available to the public and any data we collect in aggregate, which pertains to the use of the Site or about groups or categories of products, services or users, so long as the individual identities or other personal information that would identify specific Members, Guests, or Subscribers, has been removed. To clarify, information on how you use a service may be collected and combined with information about how others use the same service. This type of data helps us identify possible trends in how our Members, Guests, and Subscribers use the Site and our collecting and analyzing of this information may enable us to better serve everyone’s needs. In no way does this policy restrict or limit our right to collect and aggregate information.
HOW DO WE COLLECT PERSONAL INFORMATION?
Personal information may be collected in many different ways and may be collected whenever you visit the Site. Collection typically occurs when you voluntarily register as a Member, Guest, or Subscriber and are asked to provide us with personal information. As stated above, this information may include: your name, address, email, phone number, and other contact information. In addition, if you send us an email or contact us by other means for any reason, we may collect certain personal information. We may also collect contact information and credit card or other payment account information if you pay subscription or advertising fees or purchase any products or services through the Site. Additionally, any Real Estate Professional (”Member”)who is legally licensed in the state, region, or country in which they reside and/or work are encouraged to build a professional profile within the Members area of the Site. By doing so, Members voluntarily provide both personal and professional information, which they may make available for public viewing. Members do so at their own risk, as indicated in the “Terms of Use,” the terms of which are incorporated herein by reference. Other Personal information may be collected if you provide such information in connection with posting any content or comments on the Site or participating in any interactive forums or features that may appear on the site, and we may also collect and analyze search and transaction activity information. From time to time we may also attempt to collect demographic, contact or other personal information in connection with your voluntary participation in surveys, contests, promotional offers, and other activities on the Site.
You should further understand, whenever you visit the Site, some information is also automatically collected, such as your computer’s Internet Protocol (IP) address, your computer’s operating system, the browser type, the address of a referring web site, and your activity on the Site. We do not consider this information personal information as defined herein unless we combine it with or link it to any of the identifying information mentioned above. We may also automatically collect certain information through the use of “cookies.” Cookies are small data files that are stored on a user’s hard drive at the request of a Web site to enable the site to recognize users who have previously visited them and retain certain information such as customer preferences and history. If any of the cookies we collect are associated with or link to any of the personally identifying information, we would treat this information as personal information. Please be advised, it is possible for you to block, erase, or be warned of cookies. However, if your browser is set not to accept cookies or if a user rejects a cookie, you will not be able to sign in and will not be able to access certain Site features or services.
WHAT DO WE DO WITH THE PERSONAL INFORMATION WE COLLECT?
We typically use the personal information we collect to accommodate and/or facilitate your use of, and our administration and operation of, the Site and any of the services or information we are providing you or any services or information you may request, to process your requests or transactions, and for the general purposes for which the information was provided. For example, we may use the information we collect to:
Ø send you welcome emails or contact you about your experience with the Site and the services;
Ø inform you of our or a third party’s products, services, events, promotions or activities that, in our opinion, may be of interest to you;
Ø present you with other marketing information, product development and other promotional purposes;
Ø provide you with the services, products, referrals or information you requested and to complete any transactions in connection therewith;
Ø respond to your emails, submissions, comments, requests or complaints;
Ø conduct research or product development and to otherwise enable us to develop, customize and improve the Site, our services, and/or our products and advertising;
Ø notify winners in any contest or drawing that may be held on the Site; and
Ø fulfill the specific purpose for which the information was provided.
Any personal information that is provided to us online may be linked or merged with other personal information so that we may have a better understanding of your needs and keep you informed on our and any of our partners products or services. In addition, if a third party with whom we have business relationship provides us with information, we may combine this additional information with the personal information we maintain about you. In either case, this Policy governs that information.
WILL THIS PERSONAL INFORMATION BE SHARED?
It must be understood that we may share your personal information with third parties when you request us to do so or otherwise authorize and grant your consent by searching and selecting specific Members or by viewing or touring websites of participating vendors or Subscribers from our Site. For example, when you search or take a tour of our Subscriber’s websites, your personal information shall be shared with such Subscribers in order to carry out your request or, if you search and select us or one of our Members to work with you, we will share your personal information with them in order to carry out your request. We may also share personal information with third party vendors, consultants, and other service providers (”Service Providers”) who are engaged by or working with us in connection with the operation of the Site and the Services; and who need access to such information to carry out their work for us, such as payment processing and hosting services. Under no circumstances, however, shall we be or are we responsible for the actions of such Members or Subscribers or Service Providers, nor are we responsible for any additional information you provide directly to these Members, Subscribers, or Service Providers or to other third parties, and we encourage you to become familiar with their practices before disclosing information directly to them. We may also share personal information in any manner with any company that owns, is owned by or which is under common ownership with us (collectively “Affiliates”), who may use such information in the same way that we do (as described above). Please note this Policy does not restrict the sharing of non personal information in aggregate, which may be shared with third parties without your consent.
All Members, Guests, or Subscribers that post an advertisement, build a profile, subscribe to or use the Site or use any interactive areas of the Site, consent and agree that certain information you post on the Site will be publicly available and will be shared with other users of the Site. Your use of the Site in any manner or any services pertaining or relating thereto in any way, constitutes your consent to share your personal information and such sharing of information is done at your own risk. Please keep in mind that if you directly disclose personal information or content to the Site, or through the use of this Site or any Members, Guests or other users, this information may become publicly available.
In addition, we may disclose personal information in the good faith belief that we are lawfully authorized or required to do so, or that doing so is reasonably necessary or appropriate to comply with the law or with legal process or authorities, respond to any claims, or to protect the rights, property or safety of ResortAuthority.com, our users, our employees or the public, including without limitation to protect ResortAuthority.com or our users from fraudulent, abusive, inappropriate or unlawful use of our Site or the Services. Information about our users, including personal information, may also be disclosed or transferred as part of, or during negotiations of, any merger, sale of company assets, financing or acquisition or in any other situation where personal information may be transferred as one of the business assets of ResortAuthority.com.
CAN I CORRECT AND UPDATE MY PERSONAL INFORMATION, OBTAIN ADDITIONAL INFORMATION, DELETE OR UNSUBSCRIBE FROM YOUR ACCOUNT?
If you wish to correct, update or otherwise modify the data associated with your account; either as a Member, Guest, or Subscriber, or if you have any questions about this Policy, please email us at administration@ResortAuthority.com.
You may also limit our use of your personal information for the purpose of us sending our promotional and marketing emails about us or our Members, Guests, Subscribers, or a third party’s products, services, promotions or events by sending an email to administration@ResortAuthority.com. However, this shall not affect our ability to send you emails or other communications for other purposes as described in this Policy and will not remove you from the contact lists for any of the Members, Guests or Subscribers that you, nor will it affect the dissemination of your personal information by your use of the Site and through voluntary actions of touring properties, participating in or with any of the interactive areas of the Site, or requesting information from. You must contact each of these parties separately to be removed from their contact lists
The information contained in our Site is believed to be reliable but is not guaranteed. We are not responsible in any way for the content of or contained in any of our Members, Subscribers, Affiliates or third party websites that may be linked to our Site. While we make every reasonable effort to keep our Site current, and the information contained within accurate, we cannot warrant and do not warrant, with any such warranties being expressly disclaimed, that all information contained in our Site or in websites that are linked to our Site as being accurate.
By accessing our Site, and any of the links contained herein, you agree to hold us harmless from any inaccuracy or discrepancy in the information contained herein, and in any link you access through our website, including, but not limited to, any and all claims, damages, liabilities, costs and expenses (including reasonable attorneys’ fees) arising out of any such inaccuracy or discrepancy.
By accessing our Site, information contained herein and information contained in the links accessed through our Site, you agree to accept full responsibility for the use of said information. You further agree to hold us harmless, and indemnify us, from any and all claims, damages, liabilities, costs and expenses (including reasonable attorneys’ fees) and responsibility for the information contained in our Site and in links accessed from our Site. We cannot be responsible or liable for your personal use of, or reliance on, any of the said information.
We hereby advise you to independently verify all information you receive from our Site or links to and from our Site. We do not recommend nor endorse Members, Subscribers, products, services or companies that are linked to our Site. Said information is provided as a service and for convenience only. We advise you to consult with the appropriate professionals (including, but not limited to, your attorney, accountant, CPA, or any other financial or legal adviser) concerning the use of the Site, any information contained in our Site and in any link you access through our Site.
By accessing our Site, you hereby agree that your referring Member and/or ResortAuthority.com and/or its Affiliates, may be entitled to a referral fee from a Subscriber on our Site or any other website that is linked to our Site. It should be further understood, that this fee has no bearing on your purchase and is offered to ResortAuthority.com and/or its Affiliates or the referring Member; as an incentive from the Subscribing Development or third party for referring them business.
By completing any contact or registration form on our Site with your contact information including, but not limited to name, telephone number, address or e-mail address, and/or by visiting any of the linked Subscriber or third party websites, you are consenting to ResortAuthority.com and any authorized representatives of the Subscriber or third party website to contact you even if you are registered on any state or Federal “do not call list”.
Since our Site is accessible in unlimited jurisdictions throughout the United States and around the world, it does not constitute an agreement, admission, or consent to the jurisdiction of any state, federal or international court, tribunal, administrative body or agency of any nature. Rather, this Policy shall be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Colorado or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Colorado. Each of the Parties expressly agrees that the sole and exclusive jurisdiction and venue of any claim whatsoever arising herefrom shall be in the District Court, in and for the County of Jefferson, State of Colorado, and each party hereby waives any defense of inconvenient forum to the maintenance of any action so brought and waives any bond, surety, or other security that might be required of any other party with respect thereto.