2. Types of Information Collected
a. Traffic Data Collected. We automatically track and collect non-personal identification information when you visit our Site, including your (i) IP address (a set of numbers that is assigned to your computer when you are on the Internet); (ii) domain server (a computer that stores web site files and provides them to people who request them); (iii) type of computer; and (iv) type of web browser (collectively "Traffic Data"). Traffic Data is anonymous information that does not personally identify you but is helpful for improving your experience on the Site. We collect Traffic Data through the use of "Cookie" technology. "Cookies" are data files sent to and stored on the computer you use to view a web site. "Cookies" can be used to monitor use of our Site, to customize content specific to your interests, to ensure that you do not see the same advertisement repeatedly and to store your user name and password so you do not have to re-enter it each time you visit the Site.
b. Personal Information Collected. In order for you to access certain advanced features or to purchase products and/or services that we offer via the Site, we may ask you to provide us with information that personally identifies you ("Personal Information"). Personal Information may include data such as: (i) your name, mailing and/or e-mail addresses ("Contact Data"); (ii) your age, sex, ethnicity ("Demographic Data"); or (iii) your account and/or credit card information ("Financial Information"). If you communicate with us by e-mail or otherwise complete online forms or surveys, any information provided in such communication may be collected as Personal Information. We will only collect Personal Information which you voluntarily provide. Your Personal Information will not be intentionally disclosed to any unaffiliated third party without your permission.
c. Social Media: If you choose to participate in certain social media activities or offerings supported by us, we may collect certain information from your social media account consistent with your settings within the social media service (location, check-in, etc). You should understand that you may be subject to the terms and conditions and any privacy policies of the social media site and that Talking Stick Resort is not responsible for your activities on social media sites.
3. Uses of Information Collected
We use Contact Data to send you information about our products and/or services. In addition, we may use your information to: improve Talking Stick Resort services; provide you with the expected level of hospitality; ensure our site, products and services are of interest to you .We use your Financial Information to bill you for products and/or services that you purchase through the Site. We use your Demographic Data to customize and tailor your experience on the Site, displaying content that we think you might be interested in according to your preferences. We may also aggregate your personal information with data from third-party sources for purposes of data hygiene and analytics.
We are committed to protecting the privacy of children. Therefore, we specifically prohibit use by children under the age of 13 for all interactive portions of the Site including forums, chats and message boards. We will not knowingly collect personally identifiable information from children under 13. We strongly urge all parents to participate in their children's exploration of the Internet and any online services, and to teach their children about protecting their personal information while online.
Furthermore, we may, at our discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and we may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.
5. Sharing of Personal Information
We may share Personal Information you provide in combination with Personal Information from other users with advertisers and other third parties only on an aggregate basis ("Aggregate Data"). Aggregate Data does not contain any information which can be used to contact or identify you.
a. Business Partners: From time to time we may partner with other companies to provide products or services and may need to share your information with our business partners to provide those products or services to you.
b. Other: In addition Talking Stick Resort may disclose personal information in order to: (i) comply with applicable laws, (ii) respond to governmental inquiries or requests from public authorities, (iii) comply with valid legal process, (iv) protect the rights, privacy, safety or property of Talking Stick Resort, site visitors, guests, employees or the public, (v) permit us to pursue available remedies or limit the damages that we may sustain, (vi) enforce our websites' terms and conditions, and (vii) respond to an emergency.
6. User Choice Regarding Collection, Use and Distribution of Personal Information
You may choose not to provide us with any Personal Information. In such an event, you can still access and use some of the Site; however, you will not be able to access and use those portions of the Site that require your Personal Information.
7. Confidentiality and Security of Personal Information
8. Protecting Personal Information
Talking Stick Resort will take reasonable measures to: (i) protect personal information from unauthorized access, disclosure, alteration or destruction, and (ii) keep personal information accurate and up-to-date as appropriate. For online transactions, we use reasonable technology to protect the personal information that you transmit to us via our site. Unfortunately, however, no security system or system of transmitting data over the Internet can be guaranteed to be entirely secure. For your own privacy protection, we encourage you not to include sensitive personal information in any emails you send to us. Please do not send credit card numbers or any sensitive personal information to us via email. We will only ask for your confidential personal information or credit card details by telephone when you are booking a reservation by telephone. We may email or fax to you a blank credit card authorization form in the event this is the method of payment selected. The form can be completed by you and faxed back to us as directed on the form.
9. Changing and Accessing Your Personal Information
To the extent required by applicable law, you may be able to request that we inform you about the personal information we maintain about you and, where appropriate, request that we update, correct and/or suppress personal information about you that we maintain in our active database. We will make all required updates and changes within the time specified by applicable law and, where permitted by law, may charge an appropriate fee to cover the costs of responding to the request. Such requests must be submitted in writing to the following address: PO Box 10099, Scottsdale, AZ 85271-0099; Attention Compliance.
10. Special Notification for California Residents
Individual customers who reside in California and have provided their personal information to us may request information about our disclosures of certain categories of personal information to third parties for their direct marketing purposes. Such requests must be submitted to us at the following address: PO Box 10099, Scottsdale, AZ 85271-0099; Attention Compliance. Within forty-five days of receiving such a request, we will provide a list of the categories of personal information disclosed to third parties for third-party direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of these third parties. This request may be made no more than once per calendar year. We reserve our right not to respond to requests submitted to the address other than the address specified in this paragraph.
11. User Ability to Access, Update and Correct Personal Information
In order to ensure that all of your Personal Information is correct and up-to-date, at any time you may visit your personal profile here. Through your personal profile you may: (a) review and update your Personal Information that we have already collected; or (b) choose whether or not you wish us to share some of your Personal Information with third parties.
12. Lost or Stolen Information
You are responsible for maintaining the confidentiality of your Personal Information, including but not limited to, details of your credit card(s), user name and password. You shall be responsible for all use of the Site under your user name and password. You must immediately notify us if your credit card (provided you have elected to store such information on the Site), user name or password is lost, stolen or used without your permission. In such event, we will cancel that credit card number, user name and/or password and update our records accordingly.
13. Other Limits to Your Privacy
14. Disclaimer of Warranties
Our site contains various types of information originating from ourselves or third parties, including outside vendors that provide information or goods and services. We do not own or control other networks, sites, or hyperlinked sites outside of our own site, including the outside vendors accessed through our site.
We provide the information on the site on an "as is" and "as available" basis, without warranty of any kind, either express or implied. Without limitation of the foregoing, we specifically disclaim any and all warranties, including, but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness or usefulness of the content of the site; and (ii) any warranties of title, non-infringement, merchantability or fitness for a particular purpose, or warranties arising from a course of dealing, usage or trade practice.
15. Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall we be liable to any party for: (i) any direct, indirect, special, punitive, incidental, exemplary, consequential (including, but not limited to, damages for business interruption, loss of business profits, loss of programs or loss of information), or any other damages arising in any way out of the availability, use, reliance on, or inability to use the materials in this site, even if we have been advised of the possibility of such damages; or (ii) any claim attributable to errors, omissions, or other inaccuracies in, or destructive properties of the site. In no event shall our total liability to you herein, for any claim or action arising from use of the site (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing this site. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the fullest extent permitted by law.