Legal Statement and Privacy Policy

Privacy Policy

Marlin Bay and its affiliated companies, subsidiaries and properties (collectively referred to as “Marlin Bay,” “us,” “our,” or “we”) is committed to providing the highest level of service for our guests and all users of our Web sites and technology systems (collectively referred to as “guests”, “you” or “your”), which includes respecting your privacy and safeguarding the personal information you provide us.
This Privacy Policy sets forth our policy for collecting, using, storing and disclosing the personal information you provide to us. In this policy, personal information means information about you, such as your name, address, e-mail address, phone number, date of birth, and personally identifiable information that is not otherwise publicly available. Personal information also includes your preferences and usage, when such information is supplied to or recorded by us in the course of transacting business with you, your use of our Web sites or technology systems.
The words “Marlin Bay,” “us,” “our,” and “we” do not include third party service providers who may provide your personal information to us or who may collect your personal information while you are our guest. For instance, while we protect the personal information we may collect about you from a travel agent, we are not responsible for your travel agent’s collection, use, storage or disclosure of your personal information.


This Privacy Policy is governed by the Terms and Conditions of Use of our Web sites (“Terms and Conditions of Use”). Please read these Terms and Conditions of Use prior to using our Web sites or using any of our technology systems or services. By visiting our Web sites, using our technology systems or using any of our services, you agree to the Terms and Conditions of Use of our Web sites and the practices described in this Privacy Policy.


We collect personal information when you:

1. Make a reservation to use, pay for or use any of our services.

2. Register for any program we offer.

3. Communicate with us regarding the delivery of our services.

4. Participate in one of our marketing initiatives.

5. Visit and/or use our Web sites.

We may also collect personal information of individuals who use our services with you which either you provide to us or which is provided to us by such persons.


We use your personal information to:

1. Provide you with services that you request from us or a third party with whom we have a business relationship.

2. Respond to your requests.

3. Contact you to verify the information you provide to us.

4. Understand and anticipate your needs and preferences.

5. Ensure our Websites are of interest to you and help us better understand your use of our Web sites.

6. Protect the security and integrity of our Web sites.

7. Conduct internal reviews of our website and the services we provide.

8. Develop, enhance and market our services.

9. Provide you with personalized information and offers.

10. Manage our business and operations.

11. Meet legal and regulatory requirements.

12. Provide necessary notices to you.


We disclose personal information in the following circumstances:

1. Personal information may be shared among our affiliated companies, subsidiaries, and properties and their management and employees involved in delivering our services to you.

2. Personal information may be shared with third parties involved in providing services on our behalf or compiling information to help us improve the services we provide you. For example, the handling of reservations, data processing or storage, guest surveys, research, credit card billing and transaction processing, internal marketing among our affiliated companies, subsidiaries, and properties, delivery of promotional and transaction materials, Web sites and technology systems maintenance and security. We do not authorize third parties to use your personal information in any manner, except to provide services to us.

3. We disclose personal information to a person who, in our reasonable judgment, is authorized to seek information as an agent of a guest. For example, a travel agent confirming a reservation on behalf of the guest.

4. Personal information may be shared with our agent to evaluate a guest’s creditworthiness or in order to collect on a guest’s account.

5. Personal information may be disclosed if required by law or ordered by a court or administrative agency.

6. Personal information may be disclosed to enforce the Terms and Conditions of Use of our Web sites, this Privacy Policy or to enforce or protect our rights.

7. We reserve the right to sell, transfer and/or license the personal information you provide us to one or more third parties in the event we sell all or substantially all of the assets or stock of The Breakers, or any of its affiliated companies, subsidiaries or properties.

We use industry-standard practices to protect your privacy and the personal information we collect from you; however, we cannot ensure that your private communications and personal information will only be disclosed as described in this Privacy Policy. For example, unauthorized entities or individuals may unlawfully intercept data or access our servers and obtain such information, or administrative agencies or courts of competent jurisdiction may order the disclosure of the personal information we collect. Therefore, we cannot guarantee and you should not expect the personal information you provide us will always remain private.


To the extent required by applicable law, you may 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, may charge an appropriate fee to cover the costs of responding to such a request. Please remember, if you make such a request, we may not be able to provide you with the same quality and variety of services to which you are accustomed. Please direct your requests to the address and person listed below under the section “How to Contact Us.” To protect your confidentiality, we will only respond to the address or e-mail you provide us in your request.


We provide our guests with exclusive offers, promotions, and resort updates. You may unsubscribe from this service at any time using the link provided in our email messages.


We are committed to being compliant with the “Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003” (“CAN-SPAM Act”), and e-mail newsletters and correspondence received from us are intended to fully comply with the CAN-SPAM Act. In the event you receive an email from us which you believe is not fully compliant with the CAN-SPAM Act, please contact us immediately at the address listed on our contact page.


We use "cookies'' on our Websites. Cookies are pieces of information that an Internet Web site transfers to your hard drive for record-keeping purposes. The use of cookies is an industry-standard and frequently used by many Websites. We use cookies to recognize visitors when they return to our Web sites. Through our use of cookies, we can customize and improve your use of our Web sites.
We may also evaluate our content and services and tailor our Web sites for visitors based on other information we collect, such as IP addresses, which are numbers assigned to your computer whenever you use the Internet, pixel tags (or clear gifs), and the type of Internet browser or operating system you are using. This information is collected in the aggregate, but we may tie it to your personal information through the use of cookies.
We contract with a third-party service provider that provides us data collection and reports regarding our guests' activities on our Websites. Our service provider may use cookies and other resources and may receive information about your browsing and other activity on our Websites. Our service provider may store your personal information on our behalf. Under no circumstances may our service provider use your information other than in connection with providing services to us to make our Websites more useful and efficient. We do not control the use of the forgoing technologies or the resulting information and we are not responsible for any actions or policies of the service provider controlling such technologies. To the extent the information collected using those technologies is non-personal information that does not identify you, we may use or disclose such information for any purpose.


In certain areas of our Web sites, we use industry-standard SSL-encryption to protect data transmissions. In the unlikely event that an unauthorized third party compromises our security measures, we will not be responsible for any damages directly or indirectly caused by an unauthorized third party's ability to view, use or disseminate such information.


Our Web sites, as well as the electronic messages sent as part of our services, may contain links to thirty party websites or services. We are not responsible for the privacy policy, terms, and conditions, practices, or the content of such third parties or third-party websites. We encourage our guests to be aware of when they leave our Web sites and to read the privacy statements and terms and conditions of each Web site to which we may link that may collect personal information. If you have a question about the terms and conditions, privacy policy, practices, or contents of a third party or a third-party Web site, please contact the third party directly.


We may revise this Privacy Policy at any time. Accordingly, you should review this Privacy Policy periodically to check for amendments. Your continued use of our Web sites after the one-day period shall evidence your acceptance of the amended Privacy Policy.


If you have questions or concerns about our privacy practices or wish to make a request regarding your personal information, please contact us via our Contact Us page.