Privacy Policy

This Site is operated by Kingsmill Resort (“Kingsmill” or “we”). Terms not otherwise defined herein shall have the meaning ascribed to such terms in our Terms of Use.

The purpose of this Privacy Policy is to disclose to you what information we may collect, how we may collect it, with whom we may share it, and certain other matters related to such information, including the choices you have regarding our collection of information and our use and disclosure to other parties of information we may have collected from you. And, if you are a resident of the European Union, you must consent to our maintenance and use of personal information, as described in the section titled “For Residents of the European Union” at the end of this Policy.

Except as otherwise discussed in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you online. For some services, we collect and transfer personal information to a service provider, or you may visit other merchants or service providers through links on our Sites who may collect and use your personal information. We encourage you to review the privacy policies of these sites before you disclose your personal information to others.

Please read the following to learn more about our data collection policies and practices:

1. Types of information that may be collected.

We may collect personally-identifiable information and non-personally identifiable information when you use our Sites. Personally-identifiable information is information that can be used to identify you personally (either alone or in combination with other information), and non-personally identifiable information cannot be used to identify a specific individual. The personally-identifiable information we collect is used to facilitate the purchase and delivery of information, products or services to our customers and visitors. Specific personally-identifiable information collected may include, but is not limited to the following and may be subject to change:

• In the case of a reservation or other purchase which is completed on one of our Sites, an online credit card transaction is required in order to complete the purchase. During this process we may generate and collect certain personally-identifiable information, such as name, name of the credit card holder, credit card billing address, credit card number, credit card security code, credit card expiration date, customer’s shipping address, phone number, and email address, however we do not retain credit card information beyond the duration of your stay with us. For certain tours, activities, or other purposes, we may request health related information (such as medical conditions that may require the special attention of our employees during trips). You are not required to provide health information, but it may impact your ability to participate in a requested activity. You may also have the opportunity to provide dietary information or other preferences in connection with certain tours or activities, if you choose to do so.
• If you wish to receive any of our newsletters, view our webcasts or other interactive features, or participate in any of our contests, drawings, sweepstakes, or promotions, we may require you to complete an entry or similar form which will require the submission of certain personally-identifiable information, such as name, mailing address, phone number, email address, and potentially other information.
• We may provide you with the option of creating your own personal profile, or a profile may automatically be created in our database if you provide certain information to us (including if you make a reservation through Kingsmill, whether through our Sites or otherwise). If a profile is created, we may combine information we receive from you or about you from various sources (including your bookings at our properties, your transactions on our various websites, or information you provide offline) in your profile.

2. How is information collected?

We may collect information from you in several different areas on the Sites, including but not limited to those described below:

Registration or Inquiries

If you register for a service or inquire about our properties, tours, or other travel opportunities, you may be asked to complete a registration form and provide personally-identifiable information. You may also be asked to choose a user ID and password in order to take advantage of certain features the Sites may offer, including, but not limited to, newsletters, contests, forums, webcasts or subscription-based services. Similarly, if you agree to provide us with optional profile information, this information will be collected through a registration form.

Newsletters, Site Emails and Mobile Offers

We may offer newsletters and/or other communications to share information with you about the Site, about us and our affiliates and subsidiaries, about our business partners, or about third party offers or information we think would be of interest to you. You may receive communications either by registering for a particular newsletter or type of information, or in conjunction with a special tour, property, feature or membership for which you have registered on a Site. Remember, if you consent to receive text messages from us, your wireless carrier may impose a charge on incoming texts. Please check with your wireless carrier for details.

Paid Transactions

Certain transactions within our Sites, such as booking a reservation or purchasing items in one of our online stores, may require that you enter your name, email, address, payment information, and other details. We will use this information to complete the transaction that you have requested, e.g. to process your reservation and to invoice you. Although some of these services are handled directly by Kingsmill or its subsidiaries, others are managed on behalf of Kingsmill or its subsidiaries by third party service providers, and the information you provide during these paid transactions may be submitted directly to the applicable provider, which in turn may share limited information (such as your name and email address, but not payment account details) with Kingsmill or its subsidiaries.

Contests or Sweepstakes

We may operate contests, sweepstakes or other promotions through the Sites, which may require registration in order to enter. Your personally-identifiable information may be used by us to contact you for winner notification, prize delivery confirmation or other promotional purposes. Your entry may also result in your being added to our mailing/texting lists as well as those of our promotional partners associated with the promotion. Acceptance of a prize may require you (unless prohibited by law) to allow us to post publicly some of your information on the Sites, such as on a winner’s page, in the event you win a contest or sweepstakes. In some instances, a third-party advertiser or sponsor may operate or host a contest or sweepstakes on the Sites, and collect your information. In those cases, where we are not the sponsor, operator or host of the contest or sweepstakes, we may have no control over the information collected and accordingly urge you to review the official rules of the contest/sweepstakes as well as the advertiser’s or sponsor’s privacy policy applicable to the contest or sweepstakes before participating.

Surveys or Voting

From time-to-time we may request personally-identifiable information from you via surveys or voting polls. Participation is voluntary and you will have the opportunity to decide whether or not to disclose information. At times, you may have to register to vote or to take part in a survey.

Cookies

The Sites use standard technology called “cookies,” (which are small data files that are transferred to your computer when you allow your browser to accept cookies) or similar technologies. Please view our Cookie Policy (which is incorporated herein) for detailed information regarding the use of cookies and similar technologies on our Sites. If you do not want information collected through the use of cookies, you generally can opt out of providing this information by turning the cookies off in your browser; however, some areas of the Sites may not provide you with a personalized experience if you have disabled the use of cookies.

Analytics Tools

Our Sites may use Google Analytics or similar tools or services to collect information about the performance and use of our Sites. Our analytics services may collect information such as how often users visit our Sites, what pages they visit when they do so, and what other sites they used prior to coming to our Sites. We use the information we get from Google Analytics and other providers to improve our Sites. Although Google Analytics places persistent cookies on your computer to identify how users arrived at a Site and the number of times they return, the cookies cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to the Sites is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. You can prevent Google Analytics from recognizing you on return visits to this Site by disabling cookies on your browser.

IP Addresses and click-stream data

We may identify users by their IP address (e.g. to determine if a visitor is located in a country other than the U.S.). An IP address is a number that is automatically assigned to your computer whenever you access the Internet. When you request Web pages from the Sites, our computers log your IP address. Some countries may consider IP addresses to be personal information, so you may exercise choices with regard to your IP address as with other personal information, as described further below.

We may identify click-stream data for purposes of system administration, to improve the Sites and to report aggregate information to our advertisers and sponsors and/or other internal uses related to the Sites. Click-stream data is information collected by our computers when you request Web pages from the Sites. Click-stream data may include such information as the page served, the time, the source of the request, the type of browser making the request, the preceding page view and other such non-personal information. This data helps us analyze how visitors arrive at the Sites, what type of content is most popular, what type of visitors in the aggregate are interested in particular kinds of content and advertising, and the like.

3. How do we use the information we collect?

We internally use personally-identifiable information about our customers and Site visitors to improve our marketing and promotional efforts, to statistically analyze Site usage, to improve our content and product offerings and to customize the content and layout of our Sites. We believe these uses allow us to improve the Sites and provide better service to our customers. We may use a customer’s email address and mailing address or phone number, to contact a customer regarding, administrative matters or notices, issues with a transaction, satisfaction with the Sites and/or our products and services and to provide further information regarding additional events, products and/or services in which we believe the customer would be interested subject to privacy laws and opt-in requirements of various countries. We may also use information in the file we maintain about a customer to resolve disputes and troubleshoot problems.

We collect, process and use personal information for the purpose for which it was first collected and, if applicable, as authorized by you or as needed to fulfill your reservation or other purchase. This may include the uses described above or other uses which you may later authorize. We take reasonable steps to ensure that personal information collected is relevant to its intended use, and is accurate, current and complete. We will not use your personal information for any purpose incompatible with this Privacy Policy unless we provide you notice and an opportunity to opt-out (or opt-in to the extent required by applicable law).

We only use, process and transfer health or medical information you voluntarily provide us as needed to ensure your health and physical well-being, and to protect your vital interests, when you participate on one of our tours or trips.

4. To whom may the information be disclosed?

Information we collect may be disclosed to a variety of parties, depending upon the purpose for which the information was provided and the context in which it was provided. When we transfer information to third parties, we use reasonable efforts to assure that they comply with our Privacy Policy and applicable legal requirements.

If you register with any of our Sites, your information (including information related to reservations or purchases you make on any of our Sites) will be aggregated and maintained as part of your profile. We may access or use such information, and we may share such information with our current or future affiliated and related companies, or carefully selected third parties, to provide you with information or marketing communications in which we think you may be interested (subject to privacy laws and opt-in requirements of various countries, to the extent applicable to your information). You may opt-out of having your information shared with any third parties or used for marketing communications by following the instructions below under “What choices do I have about collecting, using, and disclosing my information?”

In order to process your requests, we may provide your personally-identifiable information to service providers or other companies who work on our behalf in order, for example, to deliver the goods or services you have ordered, or to provide lodging, activities, or other services during certain tours you may book through the Sites. If you have been booked on a reservation through a third party travel agent or as part of a group, the travel agent or tour operator may provide your information to us as needed. You understand that in some cases it may be necessary for us to disclose and process your information outside of the United States if you purchase an international trip. In order for you to travel abroad, it may be mandatory (as required by government authorities at the points of departure and/or destination) to disclose and process your personal information for immigration, border control, security and anti-terrorism purposes, or any other purposes which they determine appropriate. These requirements may differ depending on your destination, and we may exercise our discretion to assist where appropriate.

In addition, in the event that we go through an existing or potential business transition, such as a merger, acquisition, liquidation or sale of all or a portion of our assets, certain customer information, including without limitation details on future reservations, will, in most instances, be part of the assets transferred.

We may, without your consent, access and disclose your personal information, any communications sent or received by you, and any other information that we may have about you to the extent we believe such disclosure is required by law, regulation, rule or court order; pursuant to requests from governmental, regulatory or administrative agencies or law enforcement authorities; or to prevent, investigate, identify persons or organizations potentially involved in, or take any action regarding suspected fraud, violations of our Terms of Use, or activity that appears to us to be illegal or we believe may expose us to legal liability. Additionally, we may disclose personal information in situations that we believe to be emergencies involving potential threats to the physical safety or any person or property if we believe that your information in any way relates to that threat.

5. What choices do I have about collecting, using, and disclosing my information?

It is possible for you to use the Sites without giving us any personally-identifiable information. At any time, you may opt-out of having your information provided to third parties for marketing or other commercial purposes, and opt-out of other communications from us. You can unsubscribe from email newsletters or similar communications by clicking on the unsubscribe link in every email. You may opt-out of all promotional communications and information sharing for marketing purposes by contacting the applicable Site on which this Privacy Policy is posted, at the email address (or mailing address if available) indicated below, or by sending a letter to Kingsmill by mail at the address below, identifying the entity from which you no longer wish to receive marketing communications.

To obtain a list of the personal information that Kingsmill holds about you, or for residents of California (as required by California law) the kinds of personal information Kingsmill has disclosed to third parties for direct marketing purposes during the preceding calendar year, please send a written, signed request to Kingsmill via mail at the address below.

Correcting or deleting personal information

You may correct, update or remove the personal data you have provided to us by sending an email to the applicable Site at the email address below, or by contacting Kingsmill by mail at the address below, identifying the entity from which you no longer wish to receive marketing communications.

Security precautions in place to protect your information

We have implemented reasonable security measures to safeguard the personally-identifiable information you provide us. However, please keep in mind that “perfect security” does not exist on the Internet, and accordingly we cannot provide any guarantee that your information will remain secure.

6. Links to other websites

You should be aware that when you are on the Sites you could be directed to other sites beyond our control. For example, if you “click” on a link to one of our service providers, you will likely leave our Site and move to a different website which is not operated by us. This may include links from partners that may use one of our logos as part of a co-branding agreement. These other websites may send their own cookies to you, independently collect data or solicit personal information and may or may not have their own published privacy policies. If you visit a website that is linked to one of our Sites, you should carefully review that site’s privacy policy before providing any personal information. This Privacy Policy does not apply to any information you submit to third-party websites, including, without limitation, any websites that may be connected to our Sites by hypertext link or otherwise.

Limitation of liability

By providing us with any personally-identifiable information, you expressly and unconditionally release and hold harmless Kingsmill, its parents, subsidiaries, affiliates, related companies and their respective shareholders, owners, members, directors, officers, employees and agents (collectively, the “Releasees”) from any and all liability for any injuries, loss or damage of any kind arising from or in connection with the use and/or misuse of your collected personally-identifiable information. In addition, while we take reasonable steps to prevent third party companies from making unauthorized use of your personal information, we cannot be held liable for any injuries, loss or damage of any kind arising from or in connection with the use and/or misuse of your collected personally-identifiable information by those third parties.

Notification of changes and acceptance of the Privacy Policy

By using this Site, you signify your agreement to the terms of our Privacy Policy. We may change this Privacy Policy from time to time. If so, any such changes will be posted on this page, so that we may keep users informed of our information collection practices. Accordingly, we recommend that you consult this page frequently so that you are aware of our latest policy. Your continued use of the Site shall constitute your acceptance of such revised Privacy Policy.

7. A special note for parents concerning privacy

This Site is not intended for use by children under the age of 13. We do not knowingly collect personally-identifiable information from children under the age of 13. If we learn that a child has provided us with personal information, we will delete the child’s personal information (except as may be necessary for legal compliance) and remove the child from any mailing lists.

8. For Residents of the European Union

With respect to Personal Data (defined below) provided by residents of the European Union (“Residents”), we have adopted certain additional (and, in some cases, different) technical and organizational policies described below to comply with the “Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016”, also known as the “General Data Protection Regulation” or “GDPR."

Personal Data is any information a Resident provides to us that identifies the Resident, such as a name, identification number, location data, online identifier or other information specific to the Resident’s physical, physiological, genetic, mental, economic, cultural or social identity. Although Residents may provide information that is not Personal Data when using the Sites, the technical and organizational policies described in this Section apply only to Personal Data.

For purposes of the GDPR, Kingsmill is the “data controller” and contact party. Contact information is listed at the end of this Policy.

We request your Personal Data to facilitate your requests for the products and services offered through our Sites. More specifically, Kingsmill will request and process your Personal Data to reserve the use of our facilities, to contact you regarding these reservations, to facilitate your orders of goods and, should you agree that we may do so, to keep you informed of any future products or services we believe may interest you. Processing this Personal Data is necessary for the formation and performance of our contract.

In order facilitate your requests for products and services we may be required to share your Personal Data with third parties, such as credit card issuers and order fulfillment partners. We will only transmit Personal Data to those order fulfillment partners with whom we have a written agreement in which they have provided us sufficient guarantees as to implementation of appropriate technical and organizational measures to meet the requirements of the GDPR. And, although we will transmit your Personal Data to these third parties, Kingsmill will retain your Personal Data for up to six months so that we can stay in touch with you. After six months, we will delete your Personal Data if we have not communicated with you further.

We are required by the GDPR to obtain Resident consent prior to processing and retaining Personal Data. For this reason, when using our Sites or when verbally communicating with us, Residents will be asked to consent by verbal confirmation or to check a box when using a Site request form. While Residents are not required to consent, we may not be able to fulfill their requests if they do not. If a Resident does consent, we may in the future contact you regarding products and services that we believe may be of interest to you. But, unless you make a new request for products and services, we will not share your Personal Data with any third party.

Residents can withdraw consent at any time by accessing and checking the appropriate box on the Site or by notifying Kingsmill through the contact information listed at the end of this Policy.

Residents also have the right to require that Kingsmill (i) provide the Resident with a copy of the Personal Data it has retained, (ii) correct the Personal Data it has retained, (iii) delete the Personal Data it has retained, (iv) restrict the processing of the Personal Data it has retained, or (v) file a complaint regarding the processing of the Personal Data. Kingsmill is required to respond to these requests within a month after receipt, unless Kingsmill notifies the Resident that the response will be delayed by up to an additional two months due to complexity or the number of requests.

If you request a copy of the Personal Data, we may charge a reasonable fee and provide it to you in a commonly used electronic form. Residents may also ask that we transmit the Personal Data to a designated third party.

If at any point you wish to see, details of how we use and store your Personal Data, or receive further details regarding your rights, you can request this from us via phone or e-mail using the contact information at the end of this Policy.

9. List of Third Parties

Unaffiliated Parties and Partners

The following is a list of unaffiliated third parties with whom we may share data or which may engage in processing:

Data sources:

• Booking.com (online booking vendor)
• Expedia (online booking vendor)
• Busch Gardens Vacations (online booking vendor)
• Williamsburg Vacations (online booking vendor)
• Trip Advisor (promotion and booking service)
• Various International and Domestic Wholesalers, Tour Operators and Travel Agencies

Data recipients:

• Cendyn (CRM partner)
• Ihotelier TravelClick (Booking Engine)

Note: This list may be incomplete, and is subject to change without notice. Additional or specific parties are identified generally in the Privacy Policy, and specific parties may be identified at the time of a transaction, or vary based on the context of your transaction. Please contact us re: general inquiries for more details on data recipients and sources, or if you have questions.

10. California Consumer Rights Information

If you are a resident of California, you may be entitled to the following privacy rights:

a. The right to know. You have the right to request to know (i) the specific pieces of Personal Information we have about you; (ii) the categories of Personal Information we have collected about you in the last 12 months; (iii) the categories of sources from which that Personal Information was collected; (iv) the categories of your Personal Information that we sold or disclosed in the last 12 months; (v) the categories of third parties to whom your Personal Information was sold or disclosed in the last 12 months; and (vi) the purpose for collecting and selling your Personal Information. Generally:

• Within the preceding 12 months, we have collected the categories of Personal Information detailed in the “Information We Collect” section above.
• We do not and will not sell your Personal Information.
• We have not disclosed your Personal Information to third parties within the preceding 12 months.

b. The right to deletion. You have the right to request that we delete the Personal Information that we have collected or maintain about you. We may deny your request under certain circumstances, such as if we need to comply with our legal obligations or complete a transaction for which your Personal Information was collected. If we deny your request for deletion, we will let you know the reason why.

c. The right to opt out of the sale of your Personal Information. You have the right to opt out of the sale of your Personal Information. We do not and will not sell your Personal Information. If we change our business practices, we will update this Privacy Policy, notify you, and honor your right to opt-out of the sale of your Personal Information.

d. The right to equal service. If you choose to exercise any of these rights, we will not discriminate against you in any way. If you exercise certain rights, understand that you may be unable to use or access certain features of our services.

To exercise your right to know or your right to deletion, contact us at webinfo@kingsmill.com.

We will take steps to verify your identity before processing your request to know or request to delete. We will not fulfill your request unless you have provided sufficient information for us to reasonably verify you are the individual about whom we collected Personal Information. If you have an account with us, we will use our existing account authentication practices to verify your identity. If you do not have an account with us, we may request additional information about you to verify your identity. We will only use the Personal Information provided in the verification process to verify your identity or authority to make a request and to track and document request responses, unless you initially provided the information for another purpose.

You may use an authorized agent to submit a request to know or a request to delete. When we verify your agent’s request, we may verify both your and your agent’s identity and request a signed document from you that authorizes your agent to make the request on your behalf. To protect your Personal Information, we reserve the right to deny a request from an agent that does not submit proof that they have been authorized by you to act on their behalf.

11. Contact information for questions or concerns about this Privacy Policy

If you have any questions about this Privacy Policy, the practices of this Site, or your dealings with this Site, please contact us as follows:

For opt-out requests or other matters concerning this Site:

webinfo@kingsmill.com

or

Kingsmill Resort
1010 Kingsmill Road
Williamsburg, VA 23185
Attention: Data Controller

Kingsmill Resort will use reasonable efforts to supply you with requested Personal Information and correct any factual inaccuracy or delete your Personal Information from our databases. To honor your request, we will need the exact information you wish to correct, amend or delete.

Effective Date of this Privacy Policy: January 1, 2020.