California Privacy Policy

THE BREAKERS PALM BEACH, INC.

Last Updated: December 9, 2022

This Notice of Additional Privacy Rights (“Notice”) is a supplement to The Breakers’ Privacy Policy and, except as to job applicants, employees or contractors, applies to California residents whose Personal Information we collect or receive as detailed in the Privacy Policy. When using the terms “we,” “our,” “us,” or “The Breakers,” we are referring to The Breakers Palm Beach, Inc. and its affiliated companies, subsidiaries and properties.The Privacy Policy details the types and sources of Personal Information we collect or receive when you visit one of our websites, locations, or use any of our other Services (as defined in the Privacy Policy), as well as our uses, disclosures and retention of that information. If you are unfamiliar with our Privacy Policy, please review it at thebreakers.com/privacy-policy. If you are a California resident, we encourage you to retain a copy of both the Privacy Policy and this Notice for future reference.Our Privacy Policy continues to apply to California residents and governs our general privacy practices; however, this Notice explains how California residents (other than job applicants, employees or contractors) may exercise additional rights in connection with their Personal Information. In the event that there is an inconsistency between this Notice and the Privacy Policy, this Notice will govern as to California residents.You may click on the links below to jump to that section.

1. Description & Use of Personal Information
2. Description of Privacy Rights
3. Submitting Consumer Requests
4. Security and “Do Not Track” Signals
5. Changes to This Notice
6. For More Information

Description & Use of Personal Information

As stated above, the Privacy Policy details the types and sources of Personal Information we collect or receive, as well as our uses, disclosures and retention of that information. We will only collect, use, disclose or retain Personal Information as identified in the Privacy Policy.

We do not sell or share your Personal Information with third parties, as defined under California law, unless stated otherwise in the Privacy Policy or this Notice. We will only use or disclose your Sensitive Personal Information as permitted by law and disclosed in the Privacy Policy. For instance, we may use your Sensitive Personal Information to perform or provide the requested goods or services, to detect security incidents, resist and prosecute illegal or fraudulent activity, ensure the physical safety of persons, or verify or maintain the quality or safety of our services or goods.

We will not collect new types of Personal Information without providing you notice prior to collection of that Personal Information. We will not use your Personal Information for an unexpected purpose without first obtaining your consent in accordance with applicable law.

Description of Privacy Rights

By providing your Personal Information and other data to The Breakers, you agree and consent that we may collect, use and disclose your information according to the terms of the Privacy Policy and this Notice. If you do not agree with these terms, please do not provide any Personal Information to The Breakers or use our Services. However, please note that some of our Services can only be offered if you provide or allow us to collect your Personal Information.

In connection with The Breakers’ collection and use of your Personal Information, you may be able to submit certain requests to The Breakers in relation to the following rights under California law:

Right to Know

As a California resident, you have the right to request that we disclose certain information to you about our collection and use of your Personal Information. You may submit a verifiable request (see “Submitting Requests” below) that the following be disclosed to you:

• The categories and sources of Personal Information that we collected about you;
• Whether we sold or disclosed your Personal Information;
• Our business or commercial purpose for collecting, selling, or sharing your Personal Information;
• The categories of recipients of your Personal Information; or
• The specific pieces of Personal Information that we collected about you (also called a data portability request), unless prohibited by law.

Right to Delete

As a California resident, you have the right to request that we delete all or some of the Personal Information that we collected about you, subject to certain exceptions. You may submit a verifiable request (see “Submitting Requests” below) that may result in:

• The permanent and complete erasing of your Personal Information on our existing systems, and our vendor’s existing systems, with the exception of archived or back-up systems;
• De-identifying your Personal Information so that it is no longer reasonably capable of being linked to you; or
• Aggregating your Personal Information with other information so that it is no longer reasonably capable of being linked to you.

If you choose to request that we delete your Personal Information, it may affect your ability to use certain features of our website or to receive other Services.

Right to Opt-out of the “Sale” of Personal Information

The Breakers does not engage in any direct sale of your Personal Information as a way to generate revenue, but we use certain third-party vendors which may have access to some of your data to help provide Services on our behalf as described in our Privacy Policy. The Breakers’ use of these third-party providers may cause you to receive targeted advertising based on your browsing behavior on our Services and elsewhere online. This third-party use of data may be viewed as a “sale” of Personal Information under California law, to the extent any data used for targeted advertising purposes reasonably can be linked to you, your device or your household. As a California resident, you may have the right to opt-out of any such “sale” of Personal Information through targeted advertising by using our interactive request form, described below and available through the “Do Not Sell My Personal Information” links available through our Services. Other ways you may be able to opt-out of targeted advertising are described in the section related to “Do Not Track” Signals, below.

Right to Correct Inaccurate Personal Information

As a California resident, and subject to certain exceptions, you have the right to request that we correct inaccurate Personal Information that we have collected and maintain about you. In determining whether your Personal Information is inaccurate, we will consider the nature of the information (for instance, whether it is objective information or subjective information), the source of the information, and available documentation relating to the accuracy of the information. If the information is inaccurate, we may also delete that information.

Right to Non-Discrimination

As a California resident, you have a right not to be subject to discriminatory treatment as a result of exercising the rights conferred upon you by the California Consumer Privacy Act. In other words, the quality and price of the goods and services we offer will not be modified because you exercised your rights described above.

Submitting Consumer Requests

To exercise your access, data portability, correction, deletion and other privacy rights as described above, please submit a verifiable request to us by:

• Using the interactive request form found on our website: thebreakers.com/datarequest

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. Each verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify that you are the person about whom we collected personal information, or an authorized representative of such person; and
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

For requests to correct inaccurate information, we may ask you to provide documentation that demonstrates why or how the existing information is inaccurate.

You may grant an authorized agent written permission to submit requests on your behalf. We may request proof of your written permission before responding to any requests made by a purported authorized agent and may deny those requests if we are unable to verify your identity, or if you cannot provide proof that you authorized the agent to act on your behalf. You may also make a verifiable consumer request on behalf of your minor child. The Breakers may deny authorized agent requests if we are unable to verify your identity directly as the subject of the Personal Information at issue.

The Breakers is required to verify the identity of any person or entity that requests the disclosure, correction or deletion of Personal Information. If you have a password-protected account with us, we will use our existing authentication procedures to verify your identity. For most other requests from individuals who do not have a password-protected account with us, we will ask for information that matches at least two pieces of personal information we store about you before responding to your request. If you would like to request specific pieces of your personal information that the Breakers has collected, or if you would like us to delete Sensitive Personal Information, you will need to provide information that matches at least three pieces of information that we store about you, and you must provide a signed declaration under penalty of perjury that you are the consumer, or agent for the consumer, whose personal information you are requesting.

We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information that relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use Personal Information provided in a verifiable consumer request to verify identity or authority to make the request.

Security and “Do Not Track” Signals

We understand that the privacy and security of your personal information is important to you. In keeping with this understanding, and with our legal obligations, we utilize appropriate administrative, technical and physical safeguards to protect your personal information.

If you do not want your internet activity or similar information tracked or collected through the use of cookies, you should review your web browser settings. Most web browsers allow a user to restrict these functions; however, you should note that disabling cookies may prevent certain website features from functioning properly. More information on our use of “cookies” can be found in our Privacy Policy.

“Do Not Track (“DNT”) is a preference you may be able to activate in your web browser to inform websites that you do not want to be tracked. You may be able to enable or disable DNT or other automated signals by using the settings of your web browser. As referenced above, The Breakers does not directly sell for monetary benefit any Personal Information we collect from you through our website, which is not currently configured to respond to DNT or similar automated privacy controls.

To learn more about ways to opt-out of certain kinds of tracking that occur when you browse the internet generally and may lead to targeted advertising, visit the Network Advertising Initiative website and the Digital Advertising Alliance website. Options you select are browser- and device-specific, and there is no guarantee that these industry-provided opt-out tools will prevent all targeted advertising. As noted elsewhere in the Privacy Policy, it is possible that certain third parties may collect or receive information from you when you use our Services, such as analytics providers. Since some of these third parties may respond differently than The Breakers to DNT and similar automated requests, you should consult the applicable privacy policies of those third parties for that information.

Changes to this Notice

We reserve the right to modify this Notice at any time. When we make changes to this Notice, we will post the updated Notice on this website and provide notice to you as required by law. You are responsible for periodically reviewing this Notice. The Notice posted at any time on this website shall be deemed the Notice then in effect. Your continued use of our Services following the posting of changes constitutes your acceptance of the updated Notice.

For More Information

In the event that you have any questions about this Notice, or if you have reason to believe that we may have failed to adhere to this Notice, please contact The Breakers Privacy Officer.