Privacy Policy - Last updated: August 2024

INTRODUCTION

This Privacy Policy (“Policy“) outlines Nikki Beach Group’s (“Nikki Beach“, “we”, “us” or “our”) processing of Personal Information of its website(s) or mobile app(s) users, and of its customers (“Services” and “Users” respectively).

Your privacy is important to us. We keep your Personal Information private. We will not sell, rent, share, or otherwise disclose your Personal Information to anyone except as necessary to provide our services or as otherwise described in this Policy.

COLLECTED INFORMATION

Nikki Beach may collect the following types of information from its Users:

Personal Information

We may collect individually identifiable information, which is related to Users, namely information that identifies an individual or may with reasonable effort identify an individual (“Personal Information”), including the following:

• Contact information: when you make a reservation with us, when you fill in and submit web forms on our websites, including when you sign up for and agree to receive email communications from us, we will ask for your contact data such as name, address, phone number, e-mail address, and/or contact preferences. To personalize our websites, services or communications, we may also ask you to provide us with information regarding your interests, demographics, and experiences with our Services. Providing this additional information is optional.
• Voluntary information: we will also collect your Personal Information when you interact with us through the Services, for example, when you purchase our Services, respond to communications from us, contact our support, communicate with us via email, website and through any online platform.
• When you apply for a position with us: we collect your information when you apply for a job through our website. Please note that you may be required to share with us your CV and other required information in order for us to consider your application.
• Device Information: we may also collect Personal Information from your device, such as geolocation data, IP address and other online identifiers (i.e. online data collected from User’s devices, applications and protocols which leave traces which may be used to identify Users).

You have no legal obligation to provide us with Personal Information and the submission of such information is subject to your sole discretion. However, if you will not provide us with certain required Personal Information we may not be able to provide you with the full range of, or the best experience while using our Services.

Non-Personal Information

Non-personal information is data about usage and service operation that is not associated with a specific personal identity. Nikki Beach collects and analyzes non-personal information to evaluate how visitors use the Nikki Beach Services. Non-personal data we collect may include the pages visited on the Nikki Beach websites, unique URLs visited within NikkiBeachHotels.com, browser type and IP address. Most non-personal data is collected via cookies or other analysis technologies. Nikki Beach web pages use cookies and other technologies for data analysis and personalization services. Further information on our use of cookies and similar tracking technologies is available on the “Tracking Technologies” section below.

LEGAL BASIS FOR PROCESSING

Our legal basis for collecting and using your Personal Information will depend on the jurisdiction in which you reside, and the particular purpose for which your data is being processed, however, we generally rely on the following:

• Performance of a contract: we will rely on this basis (for example, our contract with a guest of our properties) for processing which is necessary to provide our Services, including to provide support and to send you service communications.
• Consent: in limited cases (for example, where you choose to sign up to receive direct marketing emails, and where you accept cookies on our website) we will process your Personal Information based on your consent. You can withdraw your consent at any time by contacting us using the details provided below.
• Legitimate interests: in some jurisdictions, where it is a permissible legal basis, we will process your Personal Information based on our legitimate interests in maintaining and improving our Services, such as for the purpose of understanding how our Services are used and improving them, our customer service and support operations, and protecting and securing our users, ourselves and our Services. When we rely on our legitimate interests to process your Personal Information, in some jurisdictions you have the right to object.
• Compliance with a legal obligation: in limited cases we may process your Personal Information where we need to do so to comply with a legal obligation e.g. which is set out in an applicable law, or if we receive an order from a court or regulatory body.

If you have any questions about or need further information concerning the legal basis on which we collect and use your Personal Information, please contact us through the contact details available below.

HOW WE USE YOUR INFORMATION

Nikki Beach uses your Personal Information only in a way that is compatible with and relevant for the purpose for which it was collected or authorized. As a general matter, for all categories of data we collect, we may use the information we collect (including personal information, to the extent applicable) to:

• Provide, operate, maintain, improve, and promote the Services. For example, when you make a reservation with us, we may process your Personal Information in order to ensure our hospitality, dining and event activities suit your reservation and preferences;
• Process and complete transactions, and send you related information, including purchase confirmations and invoices;
• Send transactional messages, including responses to your comments, questions, and requests; provide customer service and support;
• Send commercial communications, in accordance with your communication preferences, such as providing you with information about products and related services, features, surveys, newsletters, offers, promotions, contests, and events;
  • How to opt-out of receiving marketing communications: You may choose not to receive our promotional or marketing emails at any time, by clicking on the unsubscribe link in the emails that you receive from us. Please note that even if you unsubscribe from our newsletter, we may continue to send you service-related updates or notifications;
• Monitor and analyze trends, usage, and activities in connection with the Services and for marketing or advertising purposes;
• Comply with legal obligations as well as to investigate and prevent fraudulent transactions, unauthorized access to the Services, and other illegal activities;
• Personalize the Services, including by providing features or content that match your interests and preferences; and
• Process for other purposes for which we obtain your consent.

TO WHOM WE DISCLOSE YOUR INFORMATION 

We work with other companies who help us run our business (“Service Providers”). These companies provide services to help us store information (such as cloud storage companies), deliver customer support, process payments, monitor and analyze the performance of our Services, manage and contact our existing customers as well as sales leads, provide marketing support, provide fraud prevention services, and otherwise operate and improve our Services. These Service Providers may only process Personal Information pursuant to our instructions and in compliance both with this Policy and other applicable confidentiality and security measures and regulations.

Specifically, we do not permit our Service Providers to use any Personal Information we disclose for their own purposes or for any other purpose except in connection with the services they provide to us.

In addition to disclosing Personal Information to Service Providers as described above, we may also disclose your information to others in the following circumstances:

• With our affiliated group companies as necessary for administrative, management or other business-relates purposes, to operate our websites, to communicate with you, to offer and provide our Services to you, etc.;
• With our resellers and other partners who may help us distribute the Services to Users;
• In the event of a merger, sale, change in control, or reorganization of all our part of our business;
• When we are required to disclose Personal Information to respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims;
• Where we have a good-faith belief sharing is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our service agreement, or as otherwise required to comply with our legal obligations; or
• as you may otherwise consent from time to time.

TRACKING TECHNOLOGIES

We use “cookies” (or similar tracking technologies) when you access or interact with our Services.

The use of cookies is a standard industry-wide practice. A “cookie” is a small piece of information that a website assigns and stores on your computer while you are viewing it. You can find more information about cookies at www.allaboutcookies.org. Cookies can be used for various purposes, including allowing you to navigate between pages efficiently, or for statistical and advertising purposes.

Please note that once you choose to opt out or disable cookies, some features may not operate properly, and your online experience may be limited. In addition, even if you do opt-out, you may still receive some content and advertising, however it will not be targeted content or advertising.

Most browsers will allow you to erase cookies from your computer’s hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. You may set your browser to block all cookies, including cookies associated with our website, or to indicate when a cookie is being used by us, by adjusting the privacy and security settings of your web browser. Below is a list of useful links that can provide you with more information on how to manage your cookies: Google Chrome; Mozilla Firefox; Safari (Desktop); Safari (Mobile); Android Browser; and Microsoft Edge.

You can learn more and turn off certain third party targeting and advertising cookies by visiting the following third-party webpages:

• The Interactive Advertising Bureau (US);
• The Interactive Advertising Bureau (EU); and
• European Interactive Digital Advertising Alliance (EU).

To learn more about our use of cookies and similar tracking technologies, please refer to our Cookie Policy.

INTERNATIONAL INFORMATION TRANSFERS

Please note that our businesses, as well as our trusted partners and Service Providers, are located around the world. Any information that we collect (including your Personal Information) is stored and processed in various jurisdictions around the world (including in the United States), for the purposes detailed in this Privacy Policy.

For EEA and UK residents, please note that some data recipients may be located outside the EEA or the UK. In such cases we will transfer your Personal Information only to such countries as approved by the European Commission or the UK Information Commissioner’s Office, as applicable, as providing adequate level of data protection, or enter into the legal agreements or other permissible methods to ensure an adequate level of data protection.

In other jurisdictions where the applicable laws impose limitation on cross-border transfers, we will use only the permissible methods to ensure an adequate level of protection of your Personal Information.

DATA SUBJECT RIGHTS

As a data subject, local data protection regulations grant you with various rights with respect to your Personal Information. These rights vary between jurisdictions. We guarantee that your rights according to your applicable law will be fully recognized.

If you are entitled to under the applicable data protection law in your jurisdiction, you may request to:

• Receive confirmation as to whether or not Personal Information concerning you is being processed, and access your stored Personal Information, together with certain supplementary information.
• Receive Personal Information you directly volunteer to us in a structured, commonly used and machine-readable format.
• Request rectification of your Personal Information that is in our control.
• Request erasure of your Personal Information.
• Object to the processing of Personal Information by us, or the use of your Personal Information for direct marketing.
• Request to restrict processing of your Personal Information by us.
• Request to limit use and disclosure of your sensitive Personal Information.
• Right not to be subject to automated decision making.
• Right to opt-out of the sale or share of Personal Information.,
• Right to non-discrimination.

If you wish to exercise your privacy rights under applicable law, please contact us by email at it.support@nikkibeach.com. Please be aware that only you, or someone legally authorized to act on your behalf, may make a request related to personal information collected about you. To designate an authorized agent, the authorized agent must provide sufficient information that allows us to reasonably verify that they have been authorized by you to act on their behalf.

In some jurisdictions, you have the right to appeal a rejection to your request. The appeal request shall be submitted to it.support@nikkibeach.com

Please note that these rights are not absolute, and may be subject to our own legitimate interests and regulatory requirements. You may also have a right to lodge a complaint with a supervisory authority.

To opt-out of receiving communications you have expressly requested (such as e-mail newsletters, promotions, etc.), please select the e-mail “opt-out” or “unsubscribe” link included in each subscription communication or by contacting us directly.

RETENTION

We will retain your Personal Information for as long as necessary to provide our Services. We may also retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our policies.

Retention periods shall be determined taking into account the type of information that is collected and the purpose for which it is collected for, bearing in mind the requirements applicable to the situation and the need to destroy outdated, unused information at the earliest reasonable time.

DATA SECURITY

We have implemented appropriate administrative, technical, and physical safeguards to help prevent unauthorized access, use, or disclosure of your Personal Information.

While we seek to protect your information to ensure that it is kept confidential, we cannot guarantee the security of any information. You should be aware that there is always some risk involved in transmitting information over the internet and that there is also some risk that others could find a way to thwart our security systems. As a result, while we strive to protect your Personal Information, we cannot absolutely ensure or warrant the security and privacy of your Personal Information or other content you transmit using the Services, and you do so at your own risk. Thus, we encourage you to exercise discretion regarding the Personal Information you choose to disclose.

CHILDREN’S PRIVACY

Nikki Beach is committed to protecting the privacy needs of children and we encourage parents and guardians to take an active role in their children’s online activities and interests. Nikki Beach does not knowingly collect information from anyone under the age of majority (as determined under the applicable laws where the individual resides; “Minors“). If a parent or guardian becomes aware that a Minor has provided us with Personal Information, he or she should contact us using the details provided in this Policy immediately.

THIRD PARTY WEBSITES AND SERVICES

While our Services may contain links to other websites or services, we are not responsible for their privacy practices, and encourage you to pay attention when you interact with any such website, service or application of such third parties, and to read the privacy policies of each and every website, service and application you interact with. This Privacy Policy applies only to our Services.

Sources of Personal Information:

• Directly and indirectly from your activity on our websites: For example, directly from you when you inquire about our Services or on the subscription process; or indirectly when we collect your usage data automatically from measurement tools.
• Indirectly from you: We track your activities across the internet, for example, when you view or interact with certain content, web page or ad.
• From third parties: For example, from vendors who assist us in performing services for consumers, advertising networks, data analytics providers, social networks, and data brokers.

Purposes for collection and disclosing of Personal Information

In addition to the practices detailed under the section “How We Use Your Information” above, we also use and disclose the Personal Information we collect for the following commercial and business purposes:

• Auditing related to our interactions with you;
• Legal compliance;
• Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and necessary prosecution;
• Debugging;
• Performing services (for us or our service provider);
• Internal research for technological improvement;
• Internal operations;
• Activities to maintain and improve our services; and
• Other one-time or short-term uses.
• Notice of financial incentive
• We do not offer financial incentives to consumers for providing Personal Information.

Additional disclosures for California residents

• Direct Marketing Requests: California Civil Code Section 1798.83 permits you, if you are a California resident, to request certain information regarding disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please contact us at it.support@nikkibeach.com
• “Do Not Track” Settings: Cal. Bus. & Prof. Code Section 22575 also requires us to notify you how we deal with the “Do Not Track” settings in your browser. As of the effective date listed above, there is no commonly accepted response for Do Not Track signals initiated by browsers. Therefore, we do not respond to the Do Not Track settings. Do Not Track is a privacy preference you can set in your web browser to indicate that you do not want certain information about your web page visits tracked and collected across websites. For more details, including how to turn on Do Not Track, visit: www.donottrack.us.

CHANGES TO OUR PRIVACY POLICY

We reserve the right to change this Policy at any time, so please re-visit this page frequently. All changes to this Policy are effective as of the stated “Last Updated” date, and your continued use of the websites or services after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. We will make our best efforts to provide notice of substantial changes of this Policy through our websites, or when we have you contact information, attempt to notify you via e-mail regarding such changes.

CONTACTING US

If you have any questions about this privacy statement, the practices of this site, or your dealings with this website, you can contact us using the following contact details:

Email: it.support@nikkibeach.com

Our address: Penrod Management Group Inc.1 Ocean Drive, Miami Beach, FL 33139. USA