Newport Dunes Privacy Policy

Last updated April 30, 2020

Your Privacy Rights

Newport Dunes Resort and Marina, a California general partnership, which owns and, through an affiliated management company, Terra Vista Management, Inc., a California corporation (collectively referred to as “Newport Dunes”, “Newport Dunes Waterfront Resort”, “Newport Dunes Waterfront Resort & Marina” or “we” or “us”), operates Newport Dunes Waterfront Resort & Marina in Newport Beach, California, and believes in protecting personal information and privacy. We take pride in the relationships we have been able to build with our customers and guests, and have established the following Privacy Policies for their benefit and protection.

I.  Your California Privacy Rights

  1. Shine the Light Law

California Civil Code Section 1798.83, known as the “Shine The Light” law, permits our customers who are California residents to request and obtain from us a list of what personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year and the names and addresses of those third parties.  Requests may be made only once a year and are free of charge.  Under Section 1798.83, we currently do not share any personal information with third parties for their direct marketing purposes.

  1. California Consumer Privacy Act of 2018 (“CCPA”)

Under the California Consumer Privacy Act of 2018 (“CCPA“), California residents have certain rights concerning Newport Dunes’ collection, use, and sharing of their personal information.

Newport Dunes does not sell your personal information and will not do so in the future without providing you with notice and an opportunity to opt-out of such sale as required by law. Similarly, we do not offer financial incentives associated with our collection, use, or disclosure of your personal information.

Newport Dunes collects various categories of personal information when you use our services, including identifying information, financial information, purchase histories, and internet activity. The purpose of this collection is to assist in our performing services for consumers, including but not limited to transacting business with consumers, detecting security incidents, protecting against fraudulent or illegal activity, engaging in marketing efforts, and advancing our commercial interests. A more detailed description of the information Newport Dunes collects and how we use it is provided in Section III, Collection, and Use of Information. It describes the categories of third parties with whom we share personal information, and what information may be shared under different circumstances.

If you are a resident of California, you have the right to request to know what personal information Newport Dunes collects, uses, discloses, and sells. You also have the right to request deletion of your personal information, though exceptions under the CCPA may allow Newport Dunes to retain and use certain personal information notwithstanding your deletion request. If you would like more information about the categories of personal information we have collected about you over the past 12 months, the sources from which we have collected this information, the business purpose for collecting personal information, with whom we share personal information, and/or wish to request that information about you be deleted, email your request to privacy@newportdunes.com or call 800-279-1455 to submit your request.

When we receive your request, we will first verify your identity by asking you to provide your name, and the email address and phone number reflected in our records. Once we have verified your identity, we will promptly fulfill your request. You may authorize an agent to submit a request on your behalf. Unless you have provided the authorized agent with power of attorney pursuant to Cal. Probate Code §§ 4000 to 4465, we will require (1) the agent to present written permission to do so, signed by you, (2) you to verify your own identity as described above, and (3) you to directly confirm to us that you provided the authorized agent permission to submit the request.

All individuals responsible for handling your inquiry about our business privacy practices and compliance with the CCPA have been informed of all of the requirements of the CCPA, and, have been instructed to direct you to exercise your rights under the CCPA. The CCPA prohibits a business from treating a consumer differently because the consumer exercised a right conferred by the CCPA. We welcome you to exercise your rights under the CCPA, and we will not discriminate against you for doing so.

  1. Nevada Consumers.

Pursuant to NRS 603A.345, Nevada residents may submit a verified request not to sell “covered information” (as defined in NRS 603A.320) we have collected or will collect about you by emailing to privacy@newportdunes.com, or calling 800-279-1455 to submit your request. Requests are subject to verification as provided in NRS 603A.345. We do not currently engage in the sale of any covered information (as defined in NRS 603A.333 and 603A.320, respectively).

II.  Children’s Online Privacy Protection Act (“COPPA”)

We recognize the utmost importance of the need to protect the personal information of children. For this reason, except as stated below, we do not knowingly collect information from children under 13 years old. If we do collect personal information from a child under 13 years old, we may maintain that information only as long as it is reasonably necessary as required by law, or with express parental consent as set forth below. If we discover we possess information from a child under 13 in a manner inconsistent with COPPA’s requirements, or other relevant laws, we will seek to delete the information immediately.

From time to time, we take photos and videos of visitors at Newport Dunes. If the photos and videos may include children under 13, we do not retain, use, or disclose them unless we obtain express, written parental consent. This consent may be revoked as to the Newport Dunes website (but not offline materials as they are not covered by COPPA) by contacting Newport Dunes in writing at the address below and requesting the removal of such information from the Newport Dunes website.

Any parent/legal guardian can review or have deleted from Newport Dunes’ website his or her child’s images and other personal information and refuse to permit its future collection or online use. Please email privacy@newportdunes.com, or call 800-279-1455 to request a deletion from the website of your child’s image and other personal information and/or to refuse to permit any future collection or online use.

Should an individual have any inquiries or concerns about information concerning children under the age of 13 years or about our privacy practices in general, the operator collecting and/or maintaining personal information through the Newport Dunes website and who will handle all inquiries from parents/legal guardians and other interested individuals may be contacted as follows:

Newport Dunes Resort and Marina
c/o Terra Vista Management, Inc.
Attn:  Marketing Director
1131 Back Bay Drive
Newport Beach, CA 92660
Telephone: 800-279-1455
Email: privacy@newportdunes.com

III.        Collection and Use of Information

  1. Information We Collect.
  • Information that is provided when a reservation is made, information is requested or a product or service is purchased from us, including names, addresses, telephone numbers, email addresses, license plate numbers, and passwords, and payment information.
  • Photos, videos and other digital media taken by us of visitors visiting at Newport Dunes, including photos customers take using our photo booth. Each customer and guest of Newport Dunes Resort & Marina by entering and using the facilities or visiting the Newport Dunes website grants to Newport Dunes a license to use such materials. This license may be revoked by contacting Newport Dunes in writing at the address above and requesting the removal of such information from the Newport Dunes website and other promotional materials.
  • Usage, viewing, and technical data, including IP addresses or device identifier, when visiting our sites, or opening emails from us. While we may temporarily collect this information while you are using our website to facilitate usage, we do not log or retain it or associate it with other information we collect about you.
  1. Creating an Account.

We may allow creation of an account with us when making a reservation on our website or by phone or in person at Newport Dunes; however, creating an account is not required to make a reservation. Our reservation process requires customers to provide a name, a mailing address, a telephone number, cell phone, email address, and password. By creating an account with us, we can provide a better, simpler, and more interactive experience. The contact information provided will be used to contact the account holder regarding the status of a reservation or order, answering questions, and, unless the account holder has chosen to opt-out, to send communications about upcoming special rates, contests, promotions, product information, and similar notifications. By creating an account, the account holder acknowledges and agrees to be responsible for maintaining the confidentiality of his/her account information and password. The account holder also acknowledges he/she is responsible for all use of our website under the account.

  1. How We Collect Information.

Information is collected when entered by users on our website, when making a reservation in person, online, by phone, or by fax, when creating an account, when responding to customer surveys, and when customers and guests of Newport Dunes register at the front desk, fill out forms or otherwise share information. We also collect digital images by taking photos and videos of customers and guests and activities at Newport Dunes. Newport Dunes and/or Newport Dunes customers and guests and online users of the Newport Dunes website may also collect and post digital images related to Newport Dunes and its customers and guests on third party social media websites.

  1. Cookies Etc.

Information may also be automatically collected through technology such as cookies, log files, web beacons, and other technologies when you visit our sites or interact with our emails. A cookie is a small data file which our site leaves on your web browser, in order for the site to remember you and your personal preferences when you return to the site. Users of our site may adjust their browser settings to limit certain tracking features or to decline cookies; but by doing so, they may not be able to use certain features on our site or take full advantage of our offerings. Customers can still utilize most of the features of our website without using cookies, including making a reservation or purchase, but we will not be able to recognize the customer as a returning user unless the customer logs into his or her account.

  1. How We Use Customer Information.

Newport Dunes or its agents may access customer information, unless prohibited under applicable law, for the following purposes:

  • To process customer reservations and participation in activities and events, and provide the customer with products and services;
  • To analyze, optimize, and improve the online experience, products, services and facilities;
  • To communicate with customers regarding a reservation, account, transaction, and information requests relating to Newport Dunes;
  • To post online or in other promotional materials the names, photos, videos, and other digital media of our customers and guests taken while at Newport Dunes;
  • To provide information regarding features on our sites or changes to our policies;
  • According to choices and controls that may be selected: To send users emails, offers, and promotions for our products and services; and
  • To personalize content and experiences on our website.
  1. Sharing Information with Other Companies. Newport Dunes Resort and Marina utilizes the management services of affiliates, Terra Vista Management, Inc. (“Terra Vista”) and GK Management Co., Inc., (“GK”), and as part of that relationship Terra Vista and GK and their employees and contractors manage information concerning Newport Dunes customers and guests as the agent of Newport Dunes Resort and Marina. Newport Dunes Resort and Marina is a general partnership comprised of Newport Dunes Marina, LLC, a California limited liability company and Dunes Resort, LP, a California limited partnership (the “General Partners”). Newport Dunes Resort and Marina also utilizes affiliates to provide services to it for Newport Dunes’ customers and guests, which may include receipt of personal information relating to those customers and guests. Terra Vista, GK, and the General Partners and any such affiliates are all bound by written undertakings to maintain such information in accordance with this Privacy Policy.

We may occasionally hire other companies to provide services on our behalf, including but not limited to handling customer support inquiries, processing transactions, database management and digital marketing. Those companies will be permitted to obtain only the personal information they need to perform the service requested. These organizations are all bound by written undertakings to maintain such information in accordance with this Privacy Policy.

If we are involved in a merger, acquisition, or sale of all or a portion of our assets, your personal information may be transferred as part of that transaction, but we will notify you (for example, via email and/or a prominent notice on our website) of any change in control or use of your information or if either become subject to a different privacy policy. We will also notify you of choices you may have regarding the information.

  1. Third Parties.

Our website may offer social sharing features or other integrated tools, including links to other sites, which let users share actions taken on the website with social media providers such as Instagram, Facebook and Twitter, and vice versa. The use of such features enables the sharing of information with “friends” or the public, depending on the settings the user establishes with the third party that provides the social sharing feature. In addition, our website includes Google Analytics code that allows Google to collect certain data about your use of the website, such as your IP address and which page you are visiting on our website. Google Analytics may set a cookie that enables Google Analytics to track your use of our and other websites. Google Analytics is hosted by Google. These third-party services may collect information about your online activities over time and across different websites or online services when you use our website. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the third parties that provide these features.

  1. User’s Controls and Choices.

We provide users certain controls and choices regarding our collection, use, and sharing of information. In accordance with relevant law, a user’s controls and choices may include:

  • Choices for email subscriptions, newsletters, alerts, and similar communications;
  • Requests for access to the personal information we hold about the user; and
  • Requests for us or third parties to amend or delete personal information.

If you maintain a password protected account, you may review and make changes to certain information (such as name and address) through that account.  Subject to the provisions of Section I(A) (California CCPA rights), we do not currently maintain any other process by which you may review and request changes to any of your information that is collected through our website.

  1. Data Security, Integrity and Retention.

We are committed to the security, integrity, and confidentiality of our users’ information. We have physical, administrative, electronic, and technical security measures which are designed to protect our users’ personal information from unauthorized viewing, access, disclosure, use, and modification. We periodically review all security procedures to consider appropriate new measures which become available to us.

Despite all efforts, however, no security measures are perfect or impenetrable. We will retain users’ personal information for the length of time needed to fulfill any requests, and will strive to dispose of all personal information in a secure manner when the information is no longer reasonably necessary.

  1. Removal of Content.

If an individual’s likeness or other personal information appears in any Newport Dunes publication or on its website, the customer may ask us to remove it by writing to privacy@newportdunes.com. We will begin to process your request within 30 days. Please note that processing a request does not ensure complete or comprehensive removal of content that was posted on Newport Dunes social media pages (as those are third party sites and persons over whom Newport Dunes has no control can post on those pages).

IV.  Changes to this Privacy Policy.

We may change this privacy policy to accommodate new technologies, adjust to new industry practices, or to abide by regulatory requirements. Changes are generally intended to provide greater protections of personal information, or for other purposes. When we materially change this privacy policy, we will provide notice to customers as required by applicable law. A customer’s continued use of our product or service, including use of the Newport Dunes website, after the effective date of the change will constitute acceptance of the change. We may provide such notice by email, by posting the notice on our website, or by other means consistent with applicable law.

V.  Contact Information

If you have any questions or concerns regarding this privacy policy or the privacy of your personal information, you can request more information or ask questions using the contact information provided below:

Newport Dunes Resort and Marina
c/o Terra Vista Management, Inc.
Attn: Marketing Director
1131 Back Bay Drive
Newport Beach, CA 92660
Telephone: 800-279-1455
Email: privacy@newportdunes.com