This Privacy Policy (“Privacy Policy” or “Policy”) was last modified on August 13th, 2024.
Benjamin & Brothers, LLC d/b/a Reservations.com (“Reservations.com,” “we,” “us,” and “our”) respects your privacy and is committed to protecting your privacy through our compliance with this Privacy Policy. This Policy describes:
Please read this Policy carefully to understand our practices regarding your information and how we will treat it. If you do not agree with our policies and practices, then please do not use our Service. When you use the Service, you agree to the terms in this Policy. This Policy may change from time to time. Your continued use of the Service after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.
Except as specifically defined in this Privacy Policy, terms defined in the Terms of Service shall have the same meaning herein. This Policy is incorporated by reference and should be read in conjunction with the Terms of Service.
Personal Information. To ensure that we provide you with the best possible experience, we will store, use, and disclose Personal Information about you in accordance with this Policy. Personal information is information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular user, household or device (“Personal Information”). In particular, the Service may collect the following categories of Personal Information from users of the Service, and has collected these types of Personal Information within the last twelve (12) months:
Category | Examples | Collected | Disclosed |
---|---|---|---|
Identifiers. | Name (and the traveler’s name, if different), age, birthday, gender, passport number, redress control number, email address, telephone number, credit card information, billing address, itinerary and frequent flyer details. | YES | YES – Affiliates; Service Providers; Advertising Vendors; Business Partners. |
Personal Information categories listed in California Customer Records statute (Cal. Civ. Code § 1798.80(e)). | A name, address, telephone number, passport number, credit card number, debit card number. | YES | YES – Affiliates; Service Providers; Advertising Vendors (not including payment information); Payment Processors; Business Partners. |
Protected classification characteristics. | Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). | NO | N/A |
Commercial information. | Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. | YES | YES – Affiliates; Service Providers; Advertising Vendors; Business Partners. |
Biometric information. | Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. | NO | N/A |
Internet or other similar network activity. | Browsing history, search history, IP address, screen resolution, browser used, operating system and settings, access times, referring URL, information on a consumer's interaction with a website, application, or advertisement. | YES | YES – Affiliates; Service Providers; Advertising Vendors; Business Partners. |
Geolocation data. | Physical location or movements. | YES | YES – Affiliates; Service Providers; Advertising Vendors; Business Partners. |
Sensory data. | Audio, electronic, visual, thermal, olfactory, or similar information. | NO | N/A |
Professional or employment-related information. | Current or past job history or performance evaluations. | NO | N/A |
Non-public education information. | Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. | NO | N/A |
Inferences drawn from other Personal Information. | Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. | YES | YES – Affiliates; Service Providers. |
In addition, Personal Information may be collected in the following ways:
Accuracy. When you give us Personal Information, you are telling us that the information is true, accurate, complete and current. You are also telling us that you have the authorization to provide it to us.
Information of Other Individuals. You may have the opportunity to provide information of other individuals. When providing such information, you are solely responsible for obtaining the necessary consents and authorizations from those individuals in accordance with applicable data security laws and regulations, and Reservations.com shall not be responsible or held liable for your failure to obtain the necessary consents.
Free-Text Boxes. The information that you provide in each case will vary. In some cases, you may be able to provide Personal Information via email or free text boxes, such as contacting Reservations.com to request further information. When providing your Personal Information, please provide only relevant information and do not provide unnecessary sensitive information, such as Social Security numbers, credit card information or other sensitive personal data, unless required for our Service.
Personal information you give to us: We collect your Personal Information directly from you. For example, when you provide us your Personal Information when you book a reservation, contact our consumer support, or participate in a contest or sweepstake.
Personal information we collect passively: We collect your Personal Information passively. For example, we collect information about you over time and across different websites when you visit the Service. We also use tracking tools like cookies and beacons. To learn more about these tools and how to control them, please visit https://www.reservations.com/cookie.
Features of our Service may make use of your device attributes and settings that will allow us to determine your physical location. Such technologies may include IP address mapping, WiFi, GPS signals, cell tower positioning or other technologies. We use this information to enhance and personalize your experience and to provide you with offers and services that may be of interest to you. For example, we may help you find your closest hotel based on your current location. Reservations.com does not have control over your device settings, but we do recommend enabling location services on your device, so you can take advantage of the location-based features and functionality offered.
Personal information we receive from third parties: We may sometimes collect your Personal Information from third parties. This can include when you log in using a third party platform, such as Facebook, or when booking a reservation through our call center. In addition, we also integrate third party software (i.e. Google’s Invisible CAPTCHA) that collects information about users for security reasons. Unless we receive your prior consent, any Personal Information collected from a third party will only be used for the purpose(s) for which it was collected.
Fair and Lawful Means. Our collection of Personal Information will be limited to that which is necessary for the purposes that we have identified, unless you consent otherwise. Personal Information will not be collected indiscriminately. Reservations.com will always use fair and lawful means to collect your Personal Information, and will avoid collection methods that are or that may be misleading or deceptive as to the purpose for which the Personal Information is being collected.
Your Personal Information may be used in the following ways:
Improving our services: To provide our Service to you and to improve our Service, to better understand the users of our Service, and to protect our property and to prevent damage to them.
Bookings: We, our booking partners, and/or accommodation suppliers use your Personal Information to process your bookings and store your itinerary information where applicable.
Marketing activities: We use your information for marketing purposes. These activities may include:
Communications: To communicate with you, including as follows:
Legal purposes: In certain cases, we may need to use your information to handle and resolve legal disputes, for regulatory investigations and compliance, or to enforce the terms of use of the Service.
Performance of a contract: The use of your Personal Information may be necessary to perform the Services and provide you with products that you have requested from us. For example, if you make a booking on our Services, we need to collect Personal Information from you in order to complete the booking.
Legitimate interest: We may use your Personal Information for our legitimate interests, such as displaying relevant advertising and recommendations, and for legal, accounting and other administrative purposes.
Consent: Generally, we will rely on your consent to collect, use or disclose your Personal Information based on the purposes for collection that we have identified to you. Consent for the collection, use or disclosure of Personal Information may be express or implied. We will seek your consent regarding use or disclosure after the information has been collected, but before use, when Reservations.com wishes to use Personal Information already in its possession for a purpose that was not previously identified, such as for certain direct marketing purposes. We will not deny your right to receive any Reservation.com Service or benefit because of your failure to provide consent for the collection, use or disclosure of your Personal Information, unless such information is required for the purpose of providing that Service or benefit.
Part of providing meaningful consent is understanding the risk of harm and other consequences of the disclosure of Personal Information. While we endeavor to continually use best practices to minimize the risk of harm (See: How We Store and Protect Your Personal Information, below), technology is constantly evolving and no safeguards can be guaranteed to be failsafe or to provide absolute protection against malfeasors. Significant harm that may result from the unauthorized use of the Personal Information that you disclose includes identity theft and other fraudulent use of your information.
You can withdraw or change your consent anytime by contacting us or by changing your settings in your account as described below. Note that where our processing of your Personal Information is not based on your consent (but is based on another legal ground), we may not be able to comply with your request. We will endeavor to inform you of this in writing if this is the case. In some circumstances, particularly where our use of certain Personal Information that you have provided to us is integral to your use of the Services, your refusal to provide consent, or to change or withdraw consent, may adversely affect your interactions with us and/or your ability to use the Services.
Aggregated non-Personal Information (also known as de-identified information or anonymized information) is different from Personal Information. Aggregated non-Personal Information is information about our users, their computers or devices and/or use of our Service that is collected into groups so that it no longer reflects or references an individually identifiable user. This information may include, without limitation, information about use of our Service, web pages viewed or used, Service content accessed or used, IP addresses and device identifiers, information about hardware or software used to access the Service, user location information, page views, app usage, customization settings relating to the Service, and other types of information we collect that cannot reasonably be used to identify you personally. Reservations.com may collect and use aggregated non-Personal Information to improve the Service, or for any other reason, at its sole discretion.
Some of the ads provided through our Service may be served by Google. Google's use of the DART cookie enables it to serve ads to you based on your visit to Reservations.com and other sites on the internet. DART uses aggregated non-Personal Information and does NOT track Personal Information about you, such as your name, email address, physical address, etc. You may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy at https://www.google.com/privacy_ads.html
We welcome inquiries or feedback on the Services or products you might use or like to use. Any inquiries, feedback, suggestions, or ideas you provide to us (collectively, “Feedback”) will be treated as non-proprietary and non-confidential. Your Feedback on or through the Services may be available to others who visit this Services. In addition, we may use your Feedback in advertising campaigns and other promotions. We may or may not use your name in connection with such use, and we may or may not seek your consent before using the Feedback for such purposes. Therefore, you should have no expectation of privacy with respect to your Feedback on or through the Services. You should not submit any content you do not wish to make available to the general public, and you must take special care to make sure your Feedback complies with our Terms of Service or other applicable agreements. All terms and conditions of our Terms of Service apply to Feedback on or through the Services. In particular, your Feedback must not violate the privacy or other rights of others. You may not use false identifying information or contact information, impersonate any person or entity, or otherwise mislead us as to the origin of any Feedback.
You may have the opportunity to receive SMS or "text" messages, pre-recorded voice messages or auto-dialed phone calls from us, our affiliates and related entities as well as third parties. Such messaging may be used to authenticate your identity or mobile device, as well as provide you informational updates about services or products you may have requested. In providing your mobile device number or cell phone number to us, you knowingly consent to such communications from us or for us to use your cell phone number or mobile device number. In providing your number, you represent that you have the authority to agree to receive text messages at the telephone number that you provide to us, or from which you sent the text message request to us. You further acknowledge that: (a) no purchase is required to opt into this service; (b) you may opt out at any time by following the instructions provided in our communications to you; and (c) your receipt of text messages may result in separate charges from your mobile provider.
Any such communications you receive from us will be administered in accordance with your preferences, this Policy and applicable law. We will promptly comply with all “opt-out” or “unsubscribe” requests.
Our servers and data centers are located in the U.S, and our service providers may be located there or in other countries. By providing us with Personal Information, you agree that your Personal Information may be transferred to and stored in these countries. These countries may have different and/or less stringent privacy/data protection and data security rules than those of your own country. As a result, your Personal Information may be subject to access requests from governments, courts, or law enforcement in those countries according to laws in those countries. Subject to the applicable laws in such other countries and their jurisdiction over data held by Reservations.com, we will provide the necessary safeguards to maintain protections of your Personal Information. Reservations.com has a security program intended to keep the Personal Information stored in our systems protected from unauthorized access and misuse.
Our systems are configured with data encryption, or scrambling technologies and firewalls constructed to industry standards. We also use Secure Socket Layer (SSL) technology that protects the data you send over the Internet. Personal Information may only be accessed by persons within our organizations, or our third parties to carry out the uses indicated in this Policy. In addition, information collected by Google’s Invisible CAPTCHA is held in accordance with the Google Privacy Policy. We will use all commercially reasonable methods to keep Personal Information securely in our files and systems. With current technology, however, we cannot guarantee the security of your data from all possible attacks or intrusions on our servers or guarantee the security of your data as it travels over the Internet. Thus, you hereby release Reservations.com from liability for any such possible attacks or intrusions that might compromise the security of your data.
We want to provide you with relevant information that you have requested. When possible, we will always provide options as to what information we collect and how you can manage any consents and preferences that pertain to such information.
If we provide subscription-based services, such as email newsletters, we will allow you to make choices about what information you provide at the point of information collection or at any time after you have received a communication from us while you are subscribed. Transactional or service-oriented messages, such as delivery confirmation messages, are usually excluded from such preferences, as such messages are required to respond to your requests or to provide goods and services, and are not intended for the purposes of marketing.
From time to time, we may send you email newsletters and marketing emails. You may opt out of them at any time by selecting the “unsubscribe” link at the bottom of each email. Please note that by opting out or unsubscribing you may affect other services you have requested we provide to you, in which email communication is a requirement of the service provided. Even if you opt-out of receiving marketing material, we may still need to contact you with important information about your account or responding to your requests or questions.
We retain your Personal Information for communications related to your booking, analytical purposes, as well as record keeping for as long as you have an account with Reservations.com or as long as necessary to fulfill the purpose(s) for which the information was collected. We will also retain your Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our contracts, or as otherwise permitted or required by law. Personal Information that has been used to make a decision about you will be retained long enough to allow you to access the information after the decision has been made.
You may find advertising or other content on our Site that links to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties such as Facebook, Twitter, Pinterest, YouTube, LinkedIn, and Instagram. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and consumer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website's own terms and policies.
The Site and the Service are not directed to individuals under the age of eighteen (18) or the age of majority in the jurisdiction in which a user resides, and Reservations.com does not knowingly collect Personal Information from minors. If we become aware that a minor has or is attempting to submit Personal Information, we will remove this information from our records. If you are the parent/legal guardian of a minor who has given us Personal Information, please contact us so we can delete it.
This section applies to Canadian users only and otherwise only to the extent applicable law expressly imposes these obligations upon Reservations.com.
Reservations.com will endeavor to ensure that Personal Information contained in our records or which is disclosed to third parties for the purposes described above will be as accurate, complete and up-to-date as is necessary for the purposes for which it is used. You may inquire about the Personal Information that we hold about you by submitting a written request to us at the address set out below (see: How to Contact Us or Make a Complaint). Including “Request personal information” in the subject line of your email or letter will facilitate compliance with your request. We will inform you of your Personal Information held by us and provide a general account of the use that has been made of the information, as well as identify any third parties to whom we have disclosed your Personal Information where practical to do so. You may also be entitled to receive a copy of your Personal Information in a structured, commonly-used, machine-readable format (or request that this be transferred to a third party where technically possible), although a small fee may apply to cover costs. In certain circumstances, Reservations.com may not be able to provide you with access to all or some of your Personal Information, in which case you will be advised in writing of the reasons for our inability to provide you with the information.
You also have the right to challenge the accuracy and completeness of your Personal Information, and request that we correct or rectify any Personal Information that we hold about you which is out of date or incorrect. We will amend the information in our records provided that you advise us in writing as to the inaccuracy or incompleteness, and provide satisfactory proof of your identity. Notices and requests regarding inaccuracies or changes can be sent to us at the address set out below (see: How to Contact Us or Make a Complaint).
We may modify this policy at any time and without prior notice. We will notify you of major changes to how we use your Personal Information prior to implementing them. We may notify you about such a material change by email or prominent notice on our Site. Additionally, if we make any material changes to this Policy, a revised Policy will be posted on this webpage and the date of the change will be reported in the “last modified” block above. By using our Service after we post these changes, you indicate you accept them.
California.
Nevada.
Under Nevada law, Nevada residents may opt out of the sale of certain “covered information” collected by operators of websites or online services. We currently do not sell covered information, as “sell” is defined by such law, and do not have plans to do so. In accordance with Nevada law, you may submit to us a verified request instructing us not to sell your covered information. Such requests can be submitted in accordance with the instructions provided in the HOW TO CONTACT US section of this Policy.
Your Consumer Rights.
Some state laws in the United States provide consumers with additional rights with respect to their Personal Information (also known as “personal data”), as those terms are defined under those applicable state laws. Such state laws may include, but are not limited to, the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (the “CCPA”), the Colorado Privacy Act (“CPA”), the Connecticut Data Privacy Act (“CTDPA”), the Utah Consumer Privacy Act (“UCPA”), and the Virginia Consumer Data Protection Act (“VCDPA”). Any Personal Information we collect is collected for the commercial purpose of effectively providing our services to you, as well as enabling you to learn more about, and benefit from, our services. If you reside in a state that provides additional rights with respect to your Personal Information, you may exercise each of your rights as identified below, subject to our verification of your identity.
Only you, or someone legally authorized to act on your behalf, may make a request related to your Personal Information. If an authorized agent makes a request on your behalf, we may require proof that you gave the agent permission to submit the request.
Responding to Your Request. Upon receiving your request, we will confirm receipt of your request by sending you an email confirming receipt. To help protect your privacy and maintain security, we may take steps to verify your identity before granting you access to the Personal Information. In some instances, such as a request to delete personal information, we may first separately confirm that you would like for us to in fact delete your Personal Information before acting on your request.
We will respond to your request within forty-five (45) day or, if required by applicable law, promptly. If we require more time, we will inform you of the reason and extension period in writing.
In some cases our ability to uphold these rights for you may depend upon our obligations to process Personal Information for security, safety, fraud prevention reasons, compliance with regulatory or legal requirements, or because processing is necessary to deliver the services you have requested. Where this is the case, we will inform you of specific details in response to your request.
Under the (i) General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, or “GDPR”), (ii) Data Protection Act 2018, (iii) the GDPR as it forms part of the law of England and Wales, Scotland and Northern Ireland (i.e., “UK GDPR”) as provided in the Data Protection Act 2018, and (iv) any other applicable data protection legislation of any country or other jurisdiction (collectively “International Data Protection Laws”) individuals have specific rights with respect to their Personal Information, or “personal data” as defined under the International Data Protection Laws. For the purposes of this Policy, Reservations.com operates as a data controller. Any personal data we collect from you is processed in the United States and under the terms of this Policy.
Any personal data we collect from you is processed in the legitimate interest of our business and providing our services to you as the lawful means of such processing. You may always withdraw your consent to our use of your personal data as described below. We will only retain your personal data for the time necessary to provide you the information and services to which you have consented, to comply with the law and in accordance with your rights below.
The Data Controller is:
NAME: | Privacy Officer Reservations.com c/o Benjamin & Brothers LLC |
ADDRESS: |
390 N. Orange Avenue, Suite 1605 Orlando, FL 32801 |
EMAIL ADDRESS: | [email protected] |
You can exercise any of the following rights, subject to verification of your identity, by notifying us as described below:
Exercising your rights. If you are a data subject that has rights under the International Data Protection Laws, who chooses to exercise the rights listed above, you can submit a request via email at [email protected].
Submit Complaints or Questions. If you wish to raise a complaint on how we have handled your personal data, you can contact us as described below. If you reside in a European Union member state or the United Kingdom, you may also lodge a complaint with the supervisory authority in your country.
Verification. We may request proof of your identity before acting upon any request. We may not be able to allow you to access certain personal information in some cases. For example, if your personal information is connected with personal information of other persons, or for legal reasons. In such cases, we will provide you with an explanation why you cannot obtain this information. We may also deny your request for deletion or rectification of your personal information due to statutory provisions, especially those affecting Reservation.com accounting, processing of claims, and mandatory data retention, which may prohibit deletion or anonymization, or if you are from a jurisdiction that does not provide these rights.
Unless otherwise stated in a part of the Service, the Service is controlled, operated and administered by Reservations.com from its office in Florida, United States of America and this Policy is provided in accordance with and subject to applicable U.S. law and the law of the State of Florida. If you are based outside the United States and decide to access the Service from your location outside of the United States, you hereby agree to be subject to this notice and waive all privacy-related rights in other jurisdictions that conflict with U.S. law or this Policy. You should not provide us with any Personal Information unless you consent to the application of United States law and, where applicable, Florida law, and to the use and disclosure of your information in accordance with the terms of this Policy.
Reservations.com controls the processing of Personal Information on its Service, and is accountable to you for its use. Reservations.com has designated a privacy officer who is accountable for the protection of data containing personal information, and our compliance with this Privacy Policy. You may request information regarding Reservations.com’s policies and practices relating to the management of your Personal Information. To exercise your rights, to make a complaint, or if you have questions about our privacy practices or need assistance with exercising or understanding your privacy choices, please contact the privacy office using one of the following means. We will endeavor to respond to all notices and requests within a reasonable time:
[email protected] | |
Write | Privacy Officer - Reservations.com c/o Benjamin & Brothers LLC 390 N. Orange Avenue, Suite 1605 Orlando, FL 32801 |
Attention | Privacy |