Privacy Policy

Garden of the Gods Resort and Club, Benchmark, a Global Hospitality Company (“Benchmark”) and its affiliated companies, including Benchmark Resorts & Hotels, owns and/or operates various properties throughout the United States and the Caribbean (“Properties”), as listed at https://www.benchmarkglobalhospitality.com/ (“Site”). Throughout this Privacy Policy, “Sites” refers to the Site and those other websites that Benchmark owns or operates that are accessible from the Site. Under this Privacy Policy, Benchmark and its affiliates are referred to as “Benchmark” or “we, us, and/or our” and “Property Owners” refers to the owners of the Properties that Benchmark operates or manages. Except where otherwise provided, other capitalized terms have the meanings set forth in the Terms of Use at https://www.benchmarkresortsandhotels.com/benchmark_global_privacy_policy/ (“Terms”).

Purpose

This policy (“Privacy Policy”) describes, among other things:

• The Personal Information (as defined below) we collect about you
• How we use the Personal Information we collect
• The categories of third parties with whom we share Personal Information about you
• Your right to review and correct Personal Information we have collected about you
• What we do to protect Personal Information we have collected about you
• Your right to opt-out of commercial email messages
• How Personal Information about you may be shared through blogs, testimonials and your participation in our promotions
• How we interact with linked sites
• Specific terms applicable to California residents
• Our right to change the terms of this Privacy Policy

This Privacy Policy also outlines how we handle Personal Information we collect from residents of the European Union, including the purpose and legal basis for collecting that information, how long we retain it, and your right to object to the collection of the information. Together with the Terms, this Privacy Policy is a legally binding agreement between you and Benchmark. By accessing or using the Sites or by registering for a User Account (as defined in the Terms), purchasing or subscribing to any Benchmark Services, or making a reservation at one of the Properties, you consent to the Terms and this Privacy Policy, including our collection, use, and disclosure of your Personal Information as described below.

Please read this Privacy Policy carefully.

Scope

This Privacy Policy applies only to Personal Information. It does not cover data we collect that cannot be used to identify an individual or to pseudonymous data. Nor does it include encoded or anonymized information or aggregated data which we collect or create about a group or category of services, features, or users which does not contain personally identifying information. We reserve the right to share aggregate, encoded, or anonymized information with potential partners or other third parties without restriction.

What is Personal Information?

For the purposes of this Privacy Policy, Personal Information is your first and last name, your e-mail address, your home or other physical address, including a street name and name of a city or town, your telephone number, your social security number, any payment or financial information, or any other identifier that permits Benchmark to contact a natural human person, like you, and/or any information that we maintain that could be used to identify you in combination with any of the identifying information described above.

Information We Collect

We collect Personal Information you provide to us and when you use the Sites and/or our Services.  We collect Personal Information in order improve our services, to deliver services and perform obligations under contracts we have with you, to comply with our own legal obligations, and for other purposes as described below.

Information You Give Us

We receive and store any Personal Information you post to the Sites or provide to us when you set up a User Account, sign up for our newsletters or promotions, purchase Services, or make a reservation at one the Properties. For example, if you make a reservation at one of the Properties, we will ask you for information such as name, address, telephone number, e-mail address, credit card number, and room preference to process your reservation.

We may use your e-mail address to send a confirmation and, if necessary, may use the other information to contact you for help to process the reservation. As indicated below, we may also use your e-mail address to notify you about special offers and promotions. You can choose not to provide such Personal Information, in which case you will not be able to access or use portions of the Sites or some of their features.

Automated Collection

We automatically receive and store certain types of information when you visit the Sites, such as the name of the domain and host from which you access the Internet; the IP address of the computer you are using and the browser and operating system you are using; the date and time you access the Sites; the Internet address of the website from which you linked to the Sites; any search terms you used to find the Sites; the device identifiers and mobile and network information, and your actions on the Sites. This information will be treated as Personal Information if we combine or link it to any of the identifying information above. Otherwise, this information constitutes aggregate information.

Credit Card Information

We will require your credit card information in order to process purchases and reservations. Credit card data is transferred over a Secured Sockets Layer (SSL) line if you are using a SSL enabled browser such as Microsoft Internet Explorer, Firefox, Safari, or Google Chrome. We also use SSL on other select pages where you enter Personal Information. This ensures that your Personal Information is encrypted as it travels over the Internet.

This secure mode is enabled before any such information is transmitted from your computer. You will know you are in secure mode when the padlock or key icon in the lower right-hand or left-hand corner of the computer screen appears in the locked position. In addition, when accessing a secure server, the first characters of the site address will change from http to https. After information reaches us, it is stored on a secure server that resides behind firewalls designed to block unauthorized access from outside Benchmark.

Log Data

Our web servers may collect “log data.” Log data provides aggregate information about the number of visits to different pages on the Sites. We use log data for troubleshooting purposes and to track which pages people visit in order to improve the Sites. We do not link log data collected to Personal Information. Third-party vendors may also collect aggregate log data independently from us.

Cookies

We automatically receive and store certain types of information when you visit the Sites through the use of cookies, web beacons, or similar programs to collect the information described above.  Cookies are strings of text that a website may store on your computer. Cookies enable the Sites to keep track of your preferences and activities when you use or visit the Sites. The Sites create session cookies for each visit in order to facilitate your visit. The session cookie expires at the end of the session. We may also use “persistent” cookies, which remain on your device for much longer.

Cookies do not corrupt or damage your computer or computer files. We use cookies for authentication, to remember your settings, to keep track of your activity during a visit to the Site, to conduct usability tests, to improve Site performance, and to implement certain features of the Site. You can control the use of cookies at the individual browser level. If you reject cookies, you may still use our Sites, but your ability to use some features or areas of our Sites may be limited. If you do not wish to receive these cookies, you may set your browser to reject the cookies (consult the instructions for your particular browser on how to do this), although doing so may affect your ability to perform certain transactions on the Sites.

Web Beacons

We automatically receive and store certain types of information when you visit the Sites through the use of cookies, web beacons, or similar programs to collect the information described above.  Cookies are strings of text that a website may store on your computer. Cookies enable the Sites to keep track of your preferences and activities when you use or visit the Sites.  The Sites create session cookies for each visit in order to facilitate your visit. The session cookie expires at the end of the session. We may also use “persistent” cookies, which remain on your device for much longer.  Cookies do not corrupt or damage your computer or computer files. We use cookies for authentication, to remember your settings, to keep track of your activity during a visit to the Site, to conduct usability tests, to improve Site performance, and to implement certain features of the Site. You can control the use of cookies at the individual browser level. If you reject cookies, you may still use our Sites, but your ability to use some features or areas of our Sites may be limited. If you do not wish to receive these cookies, you may set your browser to reject the cookies (consult the instructions for your particular browser on how to do this), although doing so may affect your ability to perform certain transactions on the Sites.

Marketing Emails

We use a third-party service providers to send our marketing e-mails. There are no cookies in the e-mail. However, they contain e-tags which permits you to share the mail via social sites to which you subscribe. In addition, when you click on a link to the Sites included in the e-mail, a persistent cookie is placed on your computer. This cookie is used to measure the effectiveness of our e-mail marketing efforts, better understand how our users navigate through the Sites, and enhance user experience.

To that end, we collect a variety of information about how you interact with our marking efforts, including how many times the email is opened and/or clicked, the browser type used, operating system, user email program, etc. The cookie set by our service providers will remain on your hard drive 30 days after the last time you clicked on the coded link in the e-mail, or until you delete it.

In addition, the third parties that assist with our marketing e-mails may use pixel tags that help us send the e-mail in a format you can read, to allow us to know which e-mails you act upon and to better target the content of future e-mails. We also use these tags to track the aggregate number of e-mails read and whether any of the links in the e-mail were accessed.

Advertisements

We use third-party service providers to serve and host our advertisements. These third parties use persistent cookies to track the number of times our site is accessed and whether the site was accessed from the advertisement. The cookies generated from the advertisements do not contain Personal Information and may remain on your hard drive three or more years unless you delete them.

If you do not want Personal Information about you used for this purpose, you may opt-out by following the procedure described below. Note, however, that where we use a third party to provide advertising, email marketing or similar services, each such third party will have its own opt-out process, which it will manage and control. You will need to follow those procedures to opt-out of the services they provide.

Personal Profiles

We collect and maintain Personal Information about you to create a personal profile containing hotel stay preference and other information that you voluntarily provide to us when you create an account with us. This profile may also include information we have obtained from other sources. Examples of the types of information we may collect for this purpose include (i) high vs. low floor, smoking vs. non-smoking room, beverage and pillow type preferences; (ii) whether you participate in travel rewards programs; (iii) email communications with you; and (iv) responses to customer service surveys. Creating and completing a member profile allows you to make reservations more easily and also allows us to enhance your hotel stay experiences. We will share your preference profile with the Property when you book a stay.

We may use the Personal Information provided or obtained through the Sites to:

• Process reservations;
• Perform research and analysis about your use of, or interest in, our products, services, or content;
• Communicate with you by email, regular mail, telephone, or mobile devices, about products or services that may be of interest to you either from us or from other third parties;
• Develop and deliver our newsletter;
• Tailor your user experience;
• Develop and display third-party content and advertising tailored to your interests on the Sites;
• Enforce our Terms;
• Manage our business;
• Notify you of changes to our services;
• Send you information you have requested;
• Process entries to a competition or promotion;
• Carry out obligations under any contract we have with you;
• Perform functions as otherwise described to you at the time of collection;
• In connection with the creation and maintenance of your User Account; and
• In connection with the processing, fulfillment, and shipment of any products or services you purchase.

We generally store Personal Information in the United States as long as reasonably necessary to fulfill the purposes described in this Privacy Policy, as we determine is necessary for business records, and as required under applicable law. However, we may transfer your Personal Information from the United States to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating our business. By providing any information to Benchmark, you consent to such transfer, storage, and processing.

Disclosure of Personal Information to Third Parties

General: We do not share the Personal Information provided or obtained through the Sites with third parties, except as described below and as otherwise specified in this Policy. We may share Personal Information as follows:

• With the third parties that perform(s) maintenance and operation of the Sites on our behalf. These parties are bound by a confidentiality agreement prohibiting the unauthorized disclosure and/or use of your Personal Information.
• With other third parties that perform services or functions on our behalf. We do not authorize such third parties to use your Personal Information for any other purposes.
• With third parties, such as social sites (including Facebook and Instagram), to which you subscribe in order for you to link to them through our site and view our content through those sites.
• As we believe is necessary to comply with applicable laws, statutes, or regulations, and/or to enforce this Privacy Policy and the Terms and to protect our rights and the rights of others.
• As required by a court or government agency or to respond to a claim by you or a third party.
• As part of a transfer of our assets, for example in the event of a merger, acquisition, corporate change or, in the unlikely event of a bankruptcy, involving Benchmark.
• As you may otherwise request or agree.

Reservations: Reservations for the Properties are handled by us directly or our booking partner (“TravelClick” and “Sabre-SynXis Central Reservations”). You can also make reservations through third party services, as described in the terms and below. If you make a reservation directly with us or use the Booking Company we will collect and process Personal Information about you in order to process and manage your reservation. This information will be provided to the Property to meet your reservation request. If you cancel your reservation, the information is stored for record keeping purposes only and is not accessed again.

After making a reservation or completing your stay at a Property, unless you tell us otherwise, the information you provide may be used by us for direct marketing of one or more of the Properties, other of our products, or the products of select, reputable third parties with whom we have a strategic marketing relationship because they offer products or services that we believe would of interest to you. We may use the services of a third-party mail house for the sole purpose of mailing materials. Cancellations or shortened stays will forfeit deposit if made within seven days prior to the day of arrival.

Affiliates: We share much of our data, including Personal Information about you, with our affiliated entities and joint ventures when it is reasonably necessary for the purposes otherwise permitted in this Privacy Policy. This includes the owners of the Properties we manage or operate.

Service Providers: We use third-party service providers to provide specific business support services to us which may involve limited access to Personal Information. We require these companies to use the information only to provide the contracted services and prohibit them from transferring the information to another party except as needed to provide the contracted services. Examples of such services include sending emails, conducting and administering promotions, executing surveys, providing customer service, performing business analysis, and processing payments.

When we employ another company to perform a function for us, we only provide them with the information that they need to perform their specific function. We are not responsible for the actions of service providers or other third parties, nor are we responsible for any additional information you provide directly to any third parties.

Business Transactions: We may disclose your Personal Information as part of any merger, sale of company assets or acquisition, as well as in the event of an insolvency, bankruptcy, or receivership. The recipient of Personal Information following such actions may have privacy policies that differ from those in this Policy. You will be notified via email and/or a prominent notice on the website, and you may opt-out of the use of your existing information in a new manner.

Special Events: If you choose to participate in a special event (for example, a promotion, contest, or sweepstakes), we may share your Personal Information with those organizations participating in the applicable event.

Other Purposes: We may use and share Personal Information for other purposes with your consent.

Disclosure: Upon request we will provide you with information about whether we hold, or process on behalf of a third party, any of your Personal Information. To request this information, please contact us at [email protected].

Other Privacy Policies

Any third parties to whom we may disclose Personal Information may have their own privacy policies that describe how they use and disclose Personal Information. Those policies will govern use, handling, and disclosure of Personal Information once we have shared it with those third parties as described in this Policy. If you want to learn more about their privacy practices, we encourage you to visit the websites of those third parties.

Children

The Sites are not directed at children, and we do not knowingly collect Personal Information directly from users under the age of 13 or from other web sites or services directed at children. Consistent with the Federal Children’s Online Privacy Protection Act of 1998 (COPPA), we will not knowingly request or collect Personal Information from any child under age 13 without obtaining the required parental consent.

Corrections and Updates

If you want to view your Personal Information, or delete or modify such information that is inaccurate, you may do so by sending an email to [email protected]. In making modifications you must provide only truthful, complete, and accurate information. We may limit your right to make changes to Personal Information where the burden or expense of providing access would be disproportionate to the risks to your privacy or where the legitimate interests of other persons may be violated.

Please note that notwithstanding your request to change or delete Personal Information, we may be required to keep this information and not modify or delete it, or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements. When we delete any information, it will be deleted from the active database, but may remain in our archives. In some instances, however, Personal Information that you requested to be removed may be retained in certain files for a period of time in order to troubleshoot problems. Additionally, some types of Personal Information may be stored indefinitely on back-up systems or within log files due to technical constraints or financial or legal requirements. Therefore, you should not always expect that all of your Personal Information will be completely removed from our databases in response to your request.

In addition to deleting Personal Information, you may choose to opt-out of receiving future newsletter, promotions or any other email communications from us by following the unsubscribe instructions included in the communications, or by contacting us via email as provided above. All promotional emails from us include an opt-out link which can be processed within 24 hours. You may also opt-out of promotions by sending us an email in response with “unsubscribe” or “opt-out” in the subject line of the email. Opting out of promotional communications does not affect our communications with you via telephone or email related to any business we may have with you or other transactional emails.

We reserve the right to verify the identity of any person making a request to opt-out or to delete or modify incorrect Personal Information, to charge you a fee before providing access and to deny such requests, except as prohibited by law; provided, however, that we will have no liability of any kind resulting from false or erroneous requests or any change or deletion we make for any reason.

Blogs

The Site offers publicly accessible blogs and social forums where you may post photos, videos, and information about yourself and your experience at the Properties. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your Personal Information from our blog or social pages, contact us at [email protected].

In some cases, we may not be able to remove your Personal Information, in which case we will let you know if we are unable to do so and why. Alternatively, if you used a third-party application to post such information, you can remove it by logging into that application and removing the information, or by contacting the appropriate party for such third-party application.