Margaritaville at Sea’s Data Privacy Notice

Margaritaville at Sea’s Data Privacy Notice

Introduction – Who We Are.

Margaritaville at Sea (“MAS”) is a name under which Classica Cruise Operator, Ltd. does business pursuant to a license granted by Margaritaville Enterprises LLC (“ME”).  MAS’s offices are located at 431 Fairway Drive, Suite 300, Deerfield Beach, Florida 33441 (acting as data controller). MAS is committed to providing a fun cruise experience for its guests. In order to facilitate this experience, MAS provides an online community through websites and various interactive features, including applications, widgets, blogs, social networks, social network “tabs,” and other online or mobile offerings (the “Services”). Our Services are owned and/or operated, either directly or through our service providers and business partners, by Classica Cruise Operator, Ltd. d/b/a “Margaritaville at Sea” (“We,” “Us,” and/or “Our”).

This Privacy Policy applies to information We collect about you through Our Services and describes how We collect, use, share, and retain Service-related personal data about you. This Privacy Policy does not apply to your information or data collected or received outside of Our Services except to the extent that information is combined with information or data collected by Us via Our Services. By providing Us with your personal information or otherwise using Our Services, you acknowledge that you have read, understood, accept, consent, and agree to the terms of this Privacy Policy and Our Terms of Service.

Section I – Information We Collect About You.

This Privacy notice explains what information We collect about you, what We may do with that information, and what your rights are. We have summarized the main circumstances in which We use Your personal data below.

  1. Categories and Types of Personal Information We May Collect

We may collect the following categories of data and types of personal information directly from you or from our business partners or third parties according to applicable law:

The above-described information may be collected and provided by you when you: (i) register for an account through Our Services, (ii) complete a travel profile, (iii) book travel with Us or order additional products or Services, (iv) communication with Us or other guests through paper or electronic form, and (v) take advantage of a promotion, survey, contest, or sweepstakes. This list is non-exhaustive.

Data collected when you create an account with Us, purchase Our products or use Our Services may include data about yourself and those traveling with you. By providing Us with the personal data of any third party, you confirm that you are authorized to do so on their behalf and have provided them with the information set forth in this Privacy Policy. The personal information of each person linked to the same travel itinerary may be accessible by all others included in that same itinerary.

Please be aware that there will be photographers on board taking photographs for guests to purchase. If you do not want to be photographed, please let our photographers know and they would be happy to take reasonable steps to comply with your request. We cannot guarantee that you will not be included in photographs incidentally.

  1. Data Automatically Collected

When you visit Our Site, use Our Services, read Our emails, or otherwise engage with Us through a computer or mobile device, We and Our third party partners, automatically collect information about how you access and use the Service and information about the device you use to access the Service, which is collected through the use of cookies, embedded scripts, analytics tools, and other device identifying technologies (“Cookies and Tracking Technologies”).

Information about Our use of Cookies and your choices related to same are available in Our Cookie Policy below, including information regarding how to opt out of targeted advertising.

This Cookie Policy describes the way we use cookies to collect information on our website. When you visit, request information from, or book a cruise with us on our website, your mobile device, or applications (the “Online Services”), we may use cookies and other device identifying technologies (“Cookies”) to provide our Online Services to understand how our Online Services are used and for advertising purposes, as explained in our Privacy Notice. You can read more about the types of Cookies we use, why we use them, and how you can exercise your Cookies choices below.

When You Use Our Online Services

We typically collect this information through a variety of tracking technologies, including cookies, Flash Objects, web beacons, embedded scripts, APIs and mobile software development kits (SDKs), location-identifying technologies, and similar technology (collectively, “tracking technologies”), and we may use third party services to collect this information. Information we collect automatically about you may be combined with other personal information we collect directly or receive from other sources.

Specifically, we, and any third-party partners, may use tracking technologies to automatically collect commercial information, preferences, and internet, network and device information, including:

Information about how you access the Online Services, such as the site from which you came and the site to which you are going when you leave our site, how frequently you access the Online Services, when and whether you open emails or click the links contained in emails, whether you access the Online Services from multiple devices, and other actions you take on the Online Services.

Information about how you use the Online Services, such as the pages you visit, the links you click, the ads you view and click on, purchase information and your checkout process, your location when you access or interact with our Online Services, and other similar actions.

Information about the computer, tablet, smartphone, or other device you use, such as your IP address, browser type, Internet service provider, platform type, device type/model/manufacturer, operating system, date and time stamp, a unique ID that allows us to uniquely identify your browser, mobile device, or your account (including, e.g., a persistent device identifier or an Ad ID), and other such information.

Analytics information. We may collect analytics data, or use third party analytics tools, to help us measure traffic and usage trends for the Online Services and to understand more about the demographics and behaviors of our users. We may also use analytics tools to record your mouse movements, scrolling, clicks and keystroke activity on our Sites to understand how our users engage with our Sites and to monitor and improve our online offerings.

This information allows us to improve your customer experience. For example, we may use this information to enhance and personalize your user experience, to monitor and improve our Sites and Online Services, and for other internal purposes. We may also use this information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the Sites; (b) provide custom, personalized content, and information; (c) identify and contact you across multiple devices; (d) provide and monitor the effectiveness of our Online Services; (e) perform analytics and detect usage patterns on our Online Services; (f) diagnose or fix technology problems; (g) detect or prevent fraud or other harmful activities, and (h) otherwise to plan for and enhance our Online Services.

WHAT ARE “COOKIES”?

Cookies are small text files placed on your computer or mobile device when you visit websites or applications. Your web browser (such as Google Chrome, Safari, or Internet Explorer) then sends these cookies back to these websites on each subsequent visit so that they can remember things like personal details and preferences.

Cookies are very useful and perform a variety of tasks, such as allowing you to navigate efficiently between pages, remembering your preferences, and generally improving your experience when you are browsing our website. Cookies may also be used to help to ensure that our web content, emails, and advertising better suit you and your interests.

Cookies can either be served directly by us or served on our behalf, for example by advertisers and data analytics companies.

Types of Cookies

Cookies can last for different lengths of time depending on what they are intended to do.

Session Cookies

These last only as long as your browser is open and then disappear from your device when the browser is closed.

Persistent Cookies

These remain on your computer or mobile device after your browser is closed and last for the time period outlined in the cookie. For example, they recognize your device when you open your browser and browse the internet again.

How Do We Use Cookies?

We use four types of cookies:

(1) Necessary Cookies

These are cookies that are essential to provide you with services you have requested, which means they cannot be switched on or off through the privacy settings link.  For example, these include cookies that make it possible to stay logged into your account. If you set your browser to block these cookies, then these functions and services will not work for you, and we will not be able to save your preferences about cookies.

(2) Performance Cookies

Performance cookies, which are sometimes called analytics cookies, collect information about your use of this Site and enable us to improve the way it works. For example, performance cookies show us which are the most frequently visited pages on the Site, allow us to see the overall patterns of usage on the Site, help us record any difficulties you have with the Site and show us whether our advertising is effective or not.

(3) Functional Cookies

In some circumstances, we may use functionality cookies. Functionality cookies allow us to remember the choices you make on our Site and to provide enhanced and personalized features, such as customizing a certain webpage, remembering if we have asked you to participate in a promotion, and for other services you request, like watching a video or commenting on a blog. All of these features help us to improve your visit to the Site.

(4) Advertising Cookies.

We and our service providers may use targeting or advertising cookies to deliver ads that we believe are more relevant to you and your interests. For example, we may use targeting or advertising cookies to limit the number of times you see the same ad on our Site and to help measure the effectiveness of our advertising campaigns. These cookies remember what you have looked at on the Site and we may share this information with other organizations, such as advertisers. For more information about third-party advertising networks and similar entities that use these technologies, see www.aboutads.info/consumers, and to opt-out of such ad networks’ and services’ advertising practices, go to www.aboutads.info/choices.

Opting out of third party targeting or advertising cookies does not necessarily mean that you will not see our advertising on third party websites, only that this advertising will not be targeted to you through the use of third-party cookies.

We also may collect information on our Site using Google Analytics to collect usage data, analyze how users use the web sites and provide advertisements to you on other websites. For more information about how you can opt-out of having your information used by Google Analytics, please visit https://tools.google.com/dlpage/gaoptout/

How Do Third Parties Use Cookies on the Site?

In some circumstances, we may work with third parties to provide services on our Site. Third-party advertisers and other organizations may use their own cookies to collect information about your activities on our Site and/or the advertisements you have clicked on. This information may be used by them to serve advertisements that they believe are most likely to be of interest to you based on content you have viewed. Third-party advertisers may also use this information to measure the effectiveness of their advertisements. We do not control these cookies and to disable or reject third-party cookies, please refer to the relevant third party’s website. You can also learn more about controlling cookies in the “How Can You Control the Use of Cookies” section below. You may be able to use an industry tool to limit use of your information for the purposes of serving interest-based ads by participating third parties by clicking here (or if located in the European Union click here). Please note this tool does not opt you out of being served ads (you will continue to receive generic ads) or from the use of your information for serving interest-based ads by third parties that do not participate in the industry tool. The effectiveness of the industry tool might also be limited if your browser is configured to block third party cookies.

HOW CAN YOU CONTROL THE USE OF COOKIES?

You have the right to choose which Cookies to accept or reject. However, they are an important part of how our Online Services operate, so you should be aware that if you choose to refuse or remove Cookies, this could affect the availability and functionality of the Online Services.

If you don’t want the Online Services to use Cookies, please follow the instructions below.

Website (Browser) Opt-Out

Most browsers accept Cookies by default. You may be able to change the settings to have your browser refuse certain Cookies or notify you before accepting Cookies. To do so, please follow the instructions provided by your browser, which are usually located within the “Help,” “Tools,” or “Edit” menus. Some third parties also provide the ability to refuse their Cookies directly by clicking on an opt-out link. Please note that authorized third parties may be able to collect information about your use of the Online Services even if you have set your browser to reject third party cookies. To effectively prevent third party collection via Cookies, you will need to configure your browser to reject all cookies.

Mobile App Opt-Out

To limit interest-based advertising on your mobile device, you can review and adjust the settings provided by your device manufacturer, such as “Limit Ad Tracking” for iOS or “Opt-out of interest-based ads” for Android.

For further information about Cookies, including how to see what Cookies have been set on your device and how to manage and delete them, please visit www.allaboutcookies.org and www.youronlinechoices.eu.

  1. Information Received from Third-Party Sources

We may receive personal data about you from third parties as described below and combine the received information with information We may already have about you.

Business Partners. We may receive information about you collected by other companies such as ME so that information you provide to ME may be used by Us to better provide you Services and communicate with you.

Service Providers & Partners. From time to time, We may receive personal information about you from Our service providers and other partners, including from Our marketing partners or from third-parties conducting identity or address verification, payment processing, credit checks, processing lines of credit, or from our excursion partners or other partners providing activities and services. We use this information to validate your identity, age, and address, to comply with Our legal obligations, to monitor activity, to identify and provide you with promotions and offers onboard and for future travel, and to prevent fraud, protect Our rights and the rights of others, to inform Our marketing and advertising activities, and to help provide Our Services.

Other Travelers. We may obtain information about you from other travelers who you are traveling with or who you have traveled with, as well as your emergency contacts. We use this information to book your travel itinerary, communicate with you and your travel companions about the Services, to support public health initiatives, to fulfill the requested Services, and for the purpose for which it was provided to Us.

Travel Agents. If you purchase Services through a travel agent, the agent may send Us your personal identifiers, commercial information, and information about health or medical conditions. We will use this information to complete the transaction, book your travel itinerary, communicate with you and those traveling with you about the Services, analyze trends, improve Our business, and facilitate your vacation experience. The travel agent may retain a copy of this data and be required to have appropriate safeguards. The travel agent is solely responsible for processing any personal data the travel agent retains. Please review your travel agent’s privacy notice for more information about his/her/its data processing practices.

Publicly Available Information. We may also collect publicly available information about you, such as information you publicly post or tag us in on social media sites (e.g., Facebook or Google) or elsewhere online, and information contained in public record databases. We may use this information for market research, to verify your identity, to prevent fraud, and to improve Our Services.

Google Analytics. We may use Google Analytics to collect usage data (e.g. how often you visit a site, the pages you visit on a site, other websites used prior to coming to Our Site, etc.), analyze how users use the Our site, and provide advertisements to you on other websites. Google Analytics collects your IP address when you visit a site and does not collect your name or identifying information. For information about how Google how may use the data it collects on Our Site, click here. For more information about how you can opt-out of having your information used by Google Analytics, click here.

In addition to the uses described above, We may collect and use personal information for the following purposes:

  1. Sensitive Personal Data

Some of the data We collect in connection with the provision of Our Services or through the employment application process may constitute sensitive personal data, including but not limited to: racial or ethnic origin, religious, philosophical, or political beliefs, sexual orientation, or data concerning health, such as medical history or dietary restrictions.

We collect this information when you choose to provide it to Us, a service provider (e.g., a travel agent), or through an employment application. This information is used to provide a service at your request, such as medical care on one of Our cruises, or special dietary accommodations, or in connection with your employment application.

We may also collect personal data in relation to an allegation or claim of a personal injury while traveling with Us. The personal data collected would concern the alleged incident, including healthcare information.

  1. Facial Recognition Technology

We may provide your disembarkation photograph to U.S. Customs and Border Protection (“CBP”) for purposes of CBP verifying your identity and upon receiving verification of same from CBP, we will immediately delete your disembarkation photograph.

We do not retain your facial recognition data beyond the duration of your cruise or use it for any other purpose other than that described above. For information on how CBP uses your biometric data, please visit www.cbp.gov/travel/biometrics.

  1. COVID-19 and Other Communicable Diseases

In response to COVID-19 and for the health and safety of Our guests and crew, We may process and require additional personal data during a pandemic, or any other communicable disease outbreak. At the pier, passengers will undergo COVID-19 screenings and provide Us proof of a negative result. Passengers will also be required to show proof of vaccination and will have their temperature taken. We may also collect such data on board Our ships and at Our ports of call. All passengers two (2) years and older are required to show proof of a negative COVID-19 viral test result from a third-party provider (at-home test results are not sufficient) taken 72 hours or less before embarkation, or documentation of having recovered from COVID-19 in the past 90 days and a letter from your healthcare provider or a public health official stating you were cleared to travel.

If We are made aware that an individual is exhibiting symptoms of COVID-19, We may take appropriate action to mitigate the spread of COVID-19, which may include medical examinations, testing, containment, denial of boarding, and/or disembarkation of the affected person(s).

In response to COVID-19 and to protect against the risks of other communicable illness, all guests may be required to undergo health screenings and we will collect additional information recommended by public health authorities or other government agencies or to otherwise demonstrate Our guests’ ongoing health and fitness to travel, including:

Contact Information. Information such as name, nationality, country of residence, originating address, destination address, telephone, and email;

Symptoms And Health Information. Information regarding the presence or absence of possible COVID-19 or other global pandemic symptoms, which may be collected through temperature scans, tissue sampling, medical examinations, surveys or questionnaires, as well as information about pre-existing medical conditions;

Exposure. Information regarding potential exposure to or infection with COVID-19 or other global pandemic, which may include recent travel history, contacts with guests, crew or other individuals;

As Required by Law. Information collected by Our on-board crew or reservations staff pursuant to directives by public health organizations or other government agencies.

Section II – How We Secure Your Personal Data.

We use physical, technical, and organizational security measures to safeguard your personal data. These measures help ensure the integrity and confidentiality of your personal data. Additionally, We use SSL (Secure Sockets Layer) technology to encrypt and transmit your billing information.

While We take reasonable precautions to attempt to ensure the safety and security of your online transactions and personal information, it is impossible for Us to completely guarantee that your personal data will be immune from malicious attack or compromise. As such, by using Our Services, you understand that the transmission of your personal data is always at your own risk.

Section III – How We Use and Share Your Personal Data.

We may share your personal information in the instances described below. For further information on your choices regarding your information, see the Controlling Your Personal Information section in subsection (E) below.

  1. How We May Use Your Personal Information
  1. How We May Share Your Personal Information

We may share your personal data with the recipients described below for all the purposes listed above under the following circumstances and as permitted under applicable laws and regulations.

  1. Data Retention

We retain your personal data only for as long as necessary: (i) for the purposes set out in this Privacy Notice; (ii) to provide Our products and services to you; (iii) to comply with Our various legal obligations (e.g., to comply with tax or accounting rules, customs requirements, or reasons related to any legal proceedings); and/or (iv) to comply with Our usual business data retention policies.

  1. COVID-19 And Other Communicable Diseases

We collect and use your personal health information referenced in Section I(F) above for various reasons including: (i) to comply with certain regulatory public health requirements regarding your fitness to travel, (ii) to ensure the health and safety of Our passengers, crew and the public, (iii) to comply with legal and regulatory requirements applicable in the various jurisdictions in which We operate, and (iv) to perform Our contract with you to provide Our Services.

  1. Controlling Your Personal Information

Before we can begin to process your request, We will need to verify your identity, which may require additional personal information from you or require you to log into your account. We may reject a request to exercise the rights described above, particularly where We are unable to verify your identity. If We cannot comply with any aspect of your request, We will explain the reason(s) for doing so.

  1. Children’s Privacy

We adhere to the Children’s Online Privacy Protection Act (“COPPA”). Most of Our Digital Platforms and Services are not intended to be used by children, and We do not have any actual knowledge that children are using Our Digital Platforms and Services. However, when We intend to collect personal information from children online, we take the following additional steps to protect their privacy:

If you believe that We might have inadvertently collected information from a child without appropriate parental consent, please contact us at [email protected] so that We may delete the information as soon as possible.

When We collect personal information about children, which is typically obtained from information provided by a parent or legal guardian, travel agent or other travel partner, We process that information in a manner consistent with applicable laws aimed at protecting the privacy of children’s data.

Section IV – Disclosures for Specific Regions.

  1. California Resident Privacy Notice

If you are a California resident using Our Site or other digital platforms while in California, you have certain privacy rights under the California Consumer Privacy Act (“CCPA Rights”). This section describes those rights and how you can exercise them with Us.

Collection and Use of Personal Information. We collect all categories of personal information described in this Privacy Policy. To learn more about the types of personal information We collect, the sources from which We collect it, and the purposes for which We use this information, please refer to Sections I and III of Our Privacy Policy.

Personal Information Sale. Unless you exercise your right to opt-out of personal information sales, We may sell your personal information to third parties for monetary or other valuable consideration who may use such information for their own purposes in accordance with their own privacy policies, which may include reselling your information to other third parties.

In the last 12 months, We have disclosed all categories of personal information We collect from you to third parties for a legitimate business purpose.

In the last 12 months, We have sold the following categories of personal information to third parties: (i) Personal Identifiers; (ii) Commercial Information; (iii) Preferences; (iv) Internet, network and device information.

Your Rights and Choices. As a California resident, you may be able to exercise the following rights:

(i) the categories or specific pieces of personal information We have collected about you;

(ii) the categories of sources of the personal information We have collected about you;

(iii) the categories of personal information that We have sold or disclosed to third parties for a business purpose, and the categories of recipients to whom this information was disclosed;

(iv) the categories of personal information that We have sold or disclosed to other parties for a business purpose, and the categories of other parties to whom this information was disclosed; and

(v) Our business or commercial purposes for collecting or selling that personal information.

Please note that if the exercise of any of these rights limits Our ability to process your personal information (such as in the case of a deletion request), We may no longer be able to provide you Our products and Services or engage with you in the same or similar manner.

Exercising your CCPA Rights. You may submit a request to exercise your CCPA Rights through one or more of the mechanisms described below. Please provide sufficient information so that We may verify your identity before processing your request. In some instances, We may need to request additional personal information from you or require you to log into your account, if you have one. We may decline or limit your request, particularly where We are unable to verify your identity or locate your information in our systems, or as permitted by law. If we are unable to comply with all or some of your request, we will explain the reasons for declining to comply.

Please note that We can only process CCPA requests for personal information processed by Classica Cruise Operator, Ltd. If you have interacted with another brand in our family of companies or any other third party, you will have to contact that specific brand or third party to exercise your CCPA Requests.

Please use one of the below mechanisms for submitting a request to exercise your CCPA Rights:

Shine the Light Requests. Pursuant to California Civil Code Section 1798.83, California residents also have the right to request, in writing, the following information from business with whom they have an established business relationship:

(a) a list of the categories of personal data (name, email and mailing address) and the type of services provided to the customer, that a business has disclosed to third parties (including separate legal entity affiliates) during the immediate preceding calendar year for the third parties’ direct marketing purposes; and

(b) the names and addresses of all such third parties.

To request any of the above data, please use one of the below mechanisms:

We are only required to respond to each customer once per calendar year.

  1. Nevada Resident Privacy Notice

If you are a Nevada resident and use Our Site or other digital platforms while in Nevada, you have certain privacy rights under Chapter 603A of Nevada Revised Statute (“NRS”).

A Nevada resident has the right to opt-out of future sales of certain personal information that is collected or will be collected about the resident.

Please use one of the below mechanisms for submitting a request to exercise your rights under NRS Chapter 603A:

Please ensure that your request includes sufficient information to enable Us to identify you in your email request as We take all reasonable steps to verify your identity and the authenticity of the request.

  1. European Union and United Kingdom Resident Privacy Notice

If you are a resident of the European Economic Area (“EEA”) or a UK resident and use Our Site or other digital platforms while in the EEA or UK, you have certain privacy rights under the General Data Protection Regulation (“GDPR Rights”). This section describes those rights and how you can exercise them with Us.

Use of Your Personal Information. We only process your personal data for one or more of the following reasons:

Our Legitimate Interests for Using Personal Data. We use and share your personal information for the following legitimate interests, including:

International Data Transfers. We may need to share your personal data within Our company or with third-party companies for the reasons outlined in this Privacy Notice. This may require Us to transfer your personal data outside the EEA or UK, including to the United Sates since that is where Our servers that store your personal data are located. Such transfers outside the EEA or UK might also be necessary for Us to provide you with your requested products and services.

Your Rights and Choices. As an EEA or UK resident, you may be able to exercise the following rights:

You also have the right to submit a complaint about how We process your personal data to your data protection supervisory authority. Additionally, where you have specifically consented to Our use of your personal data, you have the right to withdraw that consent at any time. Please contact Us if you would like to withdraw your consent by:

Please use one or more of the below mechanisms for submitting a request to exercise your GDPR Rights:

  1. Brazil Resident Privacy Notice

If you are a Brazil resident and use Our Site or other digital platforms while in Brazil you have certain privacy rights under the General Data Protection Law (“LGPD Rights”). This section describes those rights and how you can exercise them with Us.

Your Rights and Choices. As a Brazil resident, you may be able to exercise the following rights:

Please use one or more of the below mechanisms for submitting a request to exercise your LGPD Rights:

Deletion of Personal Data. Your personal information shall be deleted after processing of the information is terminated, within the scope and technical limits of the activities. However, We will conserve your personal information for the following purposes:

Section V – Changes to This Privacy Policy.

This Privacy Policy may be updated for any reason without prior notice to you. The date this Privacy Policy was last revised can be determined by checking the updated date. Additionally, updates to Our Privacy Policy will be posted on Our Digital Platforms. However, We encourage you to periodically review this Privacy Policy to ensure you understand Our privacy practices.

If you have a registered account, We may notify you of any changes to Our Privacy Policy via email and We may ask you to affirmatively acknowledge and consent to the changes the next time you use Our Services.

We will notify you of any material changes to this Privacy Policy that affect the way We process your information before applying them to that personal data.

Section VI – Questions? Contact Us.

For any questions related to this Privacy Policy, please call 800.814.7100 or email [email protected].