California Privacy Policy

Effective January 1, 2023

Thank you for using JC Resorts!

JC Resorts, is committed to respecting your privacy. This privacy policy is designed to help you understand how we collect, use, share, and treat information that we collect through our websites maintained at www.jcresorts.com, www.surfandsandresort.com, www.scrippsinn.com, www.ranchobernardoinn.com, www.jcgolf.com, any other websites and mobile applications operated by us that link to this Privacy Policy (the “Website(s)”), and the services we provide.

Some of the concepts below might be a little technical and can be confusing, but we’ve tried our best to explain things simply and transparently.  If you have any questions about our Privacy Policy, please contact us at privacypolicy@jcresorts.com.

This Policy does not apply to information collected by any third party, such as through a third-party link that might be on our Website. Certain transactions and services offered while visiting the Websites may be processed or provided by service providers and other strategic partners, even though it appears that you may not have left the Website (e.g., reservations, payment processing, hosting).

The Websites are operated from the United States in accordance with laws of the United States and visitors to the Websites should be aware that the laws of the United States may differ from those of your country of residence.  By using the Websites, participating in any Website activities, and/or providing us with your personal information, you: (i) consent to the transfers and processing of any information you provide to the Websites; (ii) acknowledge that U.S. law provides a lower standard of protection for personal data than the laws of various countries including, but not limited to, the European Union; and (iii) understand that the Websites will use, process and share your information in accordance with our Privacy Policy and U.S. law.

What information we collect

We collect personal information in different ways.  The type of information we collect depends on how we interact with you.  You may be asked to provide personal information anytime you interact with us. The types of information we collect depend on how you use our services. The following types of information are collected by or on behalf of JC Resorts:

• Contact information (identifiers). Your first and last name, email address, postal address, telephone number (including mobile telephone number), date of birth, identification number, or an online identifier.
• Financial information. Your bank account number, payment card information, and billing address.
• Geolocation data. Data relating to your location.
• Internet activity information. Information relating to your use and interaction with our Website.
• Information related to your reservation, stay, or visit to a JC Resorts property. The properties where you have stayed, you date of arrival and departure, special accommodations, and goods and services purchased.
• Demographic data. Your age, gender, country, etc.
• Job application information
• Employee information for human resource purposes

We may aggregate or de-identify the personal information we collect  so that it no longer personally identifies you. Aggregated or de-identified information is not personal information so it is not subject to this Privacy Policy.

How we collect information

We collect information in a few different ways: 

1. Information you provide to us

 We collect the information you give us when you use our services. This information may include:

• Information you provide when you fill out a form on our Website, make a reservation, purchase a gift card or make another purchase on our Websites, sign up to receive email or other offers, email us or our properties through the Websites, submit a question or report a problem with our Websites, submit a Request for Proposal, or submit a form to plan a wedding or event at a JC Resorts Property.
• Information you provide to enter and participate in sweepstakes, contests, or promotional offers.
• Records and copies of your correspondence, including email addresses, if you contact us, our properties, or our service providers through the Websites.
• Information you provide in response to surveys.
• Details of transaction that you carry out through the Websites and the fulfillment of your order.

2. When a third party gives it to us

We may collect your personal information when a third party provides your information to us, which may include: 

• Publicly available sources.
• Individuals requesting services for or on your behalf.
• Travel agencies or your company in connection with your travel booking.
• Marketing service providers.
• Evaluating job applicants

3. We collect technical information when you use our services

When you use our Website, we may use cookies, web beacons, pixels, and other similar technologies to collect information automatically.  This information might include your Internet Protocol (“IP”) address, the operating system or platform of your device, your browser type and version, mobile identifiers (such as Apple IFDA and Android Advertising ID), the name of your Internet Service Provider, geolocation data, and the date and time of your visit, how you interact with our Website, such as such as traffic data, logs, page requests, search terms, the referring page, the time, the links that you click, your search queries, and the resources and content that you access and use on the Website.

Some of this data is aggregated or de-identified so no one can know that the information pertains to you.

How we use your information

We collect and use your information so we can operate effectively and provide you with the best experience when you interact with us or use our services.  More specifically, we use your information in the following ways: 

• Fulfilling reservations and other transactions. Facilitating your requests to plan and reserve hotel accommodations, dining service, spa services or other travel services, and to buy gift certificates; planning weddings, meetings, and other special events.
• Customer Support. Processing and responding to your inquiries, comments, complaints, and requests for information (including information about reservations, accommodations, weddings, meetings, events, properties, real estate, or other matters or opportunities); verifying your identity or verifying communications from you; notifying you about changes to our terms, conditions, and policies.
• Improving Our Services. Conducting auditing and data analysis, monitoring and analyzing Website traffic and usage, and researching to evaluate user needs; improving our services and developing new services and offerings; conducting customer satisfaction, market research and quality assurance surveys; improving the content and navigability of our Website; and satisfying contractual obligations.
• Marketing and Promotions. Contacting you about our products, services, hotels, real estate developments, opportunities, special events, and promotions that may be of interest to you; operating sweepstakes, contests, or other promotional activities; and administering and operating our membership and loyalty programs.
• Legal Proceedings and Requirements. Investigating or addressing claims or disputes; preventing fraud and other prohibited or illegal activities; as requested by regulators, government entities, and official inquiries; and complying with applicable laws and regulations.
• Additional Purposes. We may also use your data in other ways as described to you when you provide such information to us.
• Employment Human Resources. This includes functions such as hiring, training, payroll, and managing employee benefits.

The legal basis for processing your personal information is made up of one or more of the following reasons: (i) your consent, and/or (ii) providing the services you have requested, and/or (iii) compliance with applicable laws, regulations, court orders or other legal process.

How and when we share your information

We may share the information we collect with:

1. Our wholly owned subsidiaries and affiliates.

We share information within the JC Resorts family of companies that helps us provide our services or conduct business operations on our behalf.  For instance, we share your information within our affiliated companies and properties to provide and personalize our services, communicate with you, facilitate our loyalty programs,

If we were to engage in a merger, acquisition, consolidation, divestiture, change in control, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, that involves the transfer of the information described in this Privacy Policy, we would share your information with a party involved in this process (for example, a potential purchaser).

2. Third party companies, service providers or business partners

We rely on third parties to perform a few contractual services on our behalf.  To do so, we may need to share your information with them.  We may share your information with third parties to fulfill the purpose for which you provide it. For example, from time to time, we may share your information with third parties that help us perform core services such as, marketing, promotion and advertising services website support, surveys, payment processing, fraud prevention, debt collection, customer service, administering sweepstakes and surveys, public relations, and security related to the operation of the Website and the development and operation of our business, and our properties operated under JC Resorts.

3. Legal compliance

We may share personal information when it is necessary to comply with the law, enforce our policies and other agreements, or to protect the rights, property or safety of JC Resorts, our employees, and our customers and guests. For example, we may share information to: 

• Comply with legal, regulatory, or administrative requirements of any governmental or law enforcement authorities or to otherwise fulfill a government or law enforcement request for information.
• Establish or exercise our legal rights and to protect and defend the Website, Website users, JC Resorts, its affiliates, and all of their respective officers, directors, members, partners, employees, attorneys, agents, contractors, property owners, licensors, and partners, in connection with any threatened or actual legal action, claim or dispute.
• In an emergency, to protect the health and safety of our Website users or the general public.
• To enforce, apply or comply with our Terms of Service.
• To detect, prevent, or otherwise address fraud, security, or technical issues.

4. Your consent

We may share your information other than as described in this Privacy Policy if we notify you, and you agree. You may withdraw your consent at any time by contacting us at privacypolicy@jcresorts.com.

Where we store your information

We may process and store your personal information inside and outside of the United States. Your information may be transferred and stored in the United States of America and in other countries where our third-party service providers, advisors and consultants are located. We transfer information from users outside the United States based on mechanisms approved under applicable laws.

How we secure your information

We take reasonable steps to safeguard information and prevent unauthorized access or disclosure, and to maintain the accuracy and integrity of your information. Despite these efforts, please be advised that no safeguards are 100% effective, and we cannot and do not guarantee or warrant the security of your information.

Cookies

What are cookies?

Cookies and similar technologies allow us to serve you better and improve your browsing experience by collecting and storing information when you visit our Website.  The technologies we use for this automatic data collection may include:

• A cookie is a small file that is stored on your computer, to enable our site to store information such as your website preferences, so that we can remember certain choices you have made.  Cookies can also be used to recognize your device so that you do not have to provide the same information more than once. 
• WEB BEACONS. Pages of our Website may contain small electronic files known as web beacons (also referred to as pixel tags or single pixel gifs) that permit us, for example, to count users who have visited certain web pages and for other related website statistics. 
• OTHER TECHNOLOGIES. There are other local storage and internet technologies, such as local shared objects (also referred to as “flash cookies”) and HTML5 local storage, which operate similarly to the technologies discussed above.

You may be able to refuse or disable cookies by adjusting your web browser settings.  Some browsers have options that allow the visitor to control whether the browser will accept cookies, reject cookies, or notify the visitor each time a cookie is sent.  Because each web browser is different, please consult the instructions provided by your web browser (typically in the “help” section).  Please note that you may need to take additional steps to refuse or disable local shared objects and similar technologies.  If you choose to refuse, disable, or delete these technologies, some of the functionality of the web site may no longer be available to you, and any differences in services are related to the data.  For more information about cookies, and how to disable cookies, you can visit: http://www.allaboutcookies.org/ or https://www.networkadvertising.org/.

What types of cookies we use

There are generally four categories of cookies: “Strictly Necessary,” “Performance,” “Functionality,” and “Targeting.” We routinely use all four categories of cookies on our Website. You can find out more about each cookie category below.

1. Strictly Necessary Cookies. These cookies are necessary for the Website to function and cannot be turned off. Without them, services that you have asked for cannot be provided. These cookies do not store any personally identifiable information.
2. Performance Cookies. These are also known as analytics cookies. They allow us to count visits to our Website and track traffic sources so we can measure and improve the performance of our site. They help us know which pages are the most and least popular and see how visitors move around our site. All information these cookies collect is aggregated and is therefore anonymous. The sole purpose of these cookies is to improve Website functions.
3. Functionality Cookies. These are also called preference cookies. These cookies allow us to personalize our Website by remembering what choices you have made in the past, what language you might prefer, or what your username and password are so you can automatically log in. If you do not allow these cookies, then some or all of these services may not function properly.
4. Targeting Cookies. These are also called advertising or marketing cookies. These cookies may be set through our Website by us, our advertising partners or other third-party partners. They may be used to deliver advertising that is relevant to your interests. These cookies can remember that your device has visited a site or service and may also be able to track your device’s browsing activity on other sites or services other than ours. This information may be shared with outside organizations, such as advertisers and/or advertising networks to deliver the advertising, and to help measure the effectiveness of an advertising campaign, or other business partners to provide aggregate website usage statistics and aggregate website testing.

First And Third-Party Cookies

First-party cookies are cookies that belong to us; third-party cookies are cookies that another party places on your device through our website. Third-party cookies may be placed on your device by someone providing a service for us, for example to help us understand how our website is being used. Third-party cookies may also be placed on your device by our business partners so that they can use them to advertise products and services to you elsewhere on the Internet.

Do not track signs and similar mechanisms

Our Website is not configured to read or respond to “do not track” settings or signals in your browser headings.

Your choices and rights

Depending on where you live, you may have certain rights regarding your personal information.  If you are a California resident, you can find out more about your rights in the section of this Privacy Policy called, “California Residents”.

Your Rights

Your principal rights under the European Union General Data Protection Regulation are: (a) right of access; (b) right to rectification; (c) right to erasure; (d) right to restriction of processing; (e) right to data portability; and (f) right to object. You may exercise these rights by contacting privacypolicy@jcresorts.com. You may file a complaint with the applicable supervisory authority if you believe we are not complying with applicable data protection laws.

Your Choices

Separate from the rights you may have above you can also manage your personal information in the following ways:

• Information You Provide. You choose what personal information (if any) you wish to provide to us. If you choose not to provide certain details, however, some of your transactions with us may be impacted.
• Promotional Emails. You can opt-out of receiving marketing emails from us by sending us an email stating your request to privacypolicy@jcresorts.com. You also may use the “unsubscribe” link in promotional emails that you receive from us. Please keep in mind that opting out of marketing emails may impact our ability to allow you access to certain offers, benefits and features. Please also note that even if you opt-out of receiving certain marketing emails, that opt-out may not apply to other communications that you may continue to receive from us, such as customer service messages, messages about your account or reservations with us, notices of changes to our terms and conditions or this Privacy Policy, and emails responding to your communications with us or requests for information that we receive from you. Requests to opt-out of receiving future marketing emails from us can take up to ten business days to be effective.
• Updating Your Information. You may be able to update or correct certain personal information by contacting us as described in the “Contact Us/Questions” section below.

Children’s data

Our Websites are not directed to or intended to be used by individuals under the age of 18. We present information regarding our kids programs on some of our Websites for the reference of adults that are interested in activities at our properties for children. We do not knowingly collect personal information from anyone under the age of 18. If we are notified that we have collected or received personal information from a child under the age of 18, we will take reasonable steps to delete that information in accordance with applicable laws. If you are the parent or guardian of a child under the age of 18 and you believe your child has provided us personal information about themselves, please contact us by emailing us at privacypolicy@jcresorts.com or by sending us a letter to JC Resorts, Attention: Privacy Department, 533 Coast Blvd South, La Jolla, CA 92037.

Third-party websites

The JC Resorts Websites may contain hyperlinks to third-party websites. By clicking on these links, you are visiting websites outside of JC Resorts’ control. JC Resorts is not responsible for any content on third-party websites, or for the collection, use, maintenance, sharing, or disclosure of data and information by the operators of those websites. This Privacy Policy does not apply to information, including personal information, you provide when visiting third-party websites.

Widgets and plug-ins

Our Website may have interactive features such as the Facebook “like” button, the Twitter “Follow Us” feature, or similar mechanisms from Instagram, Google+, Pinterest, or other social media platforms, which provide services from these other companies. These features may collect information about you, like your email address, IP address and the page(s) you visit on the Website. They also may place cookies or other tracking mechanisms on your browser or device to enable the feature to function properly. Your interactions with these features are governed by the privacy policies of the companies that created them. We encourage you to review the privacy policies of the other companies before using them.

California Residents

If you are a California resident, we are required to tell you certain things about your personal information and your rights regarding your personal information.  First, let us tell you more about how your personal information is collected, used, and shared:

Retention Period

To the extent permissible by applicable law, we retain each category of personal information for such period as may be reasonably necessary to satisfy or fulfill the following:

• The disclosed purposes for which that personal information was provided;
• An identifiable and ongoing business need, including recordkeeping; and/or
• A specific legal or regulatory requirement, including investigations or legal proceedings.

Sensitive Information

JC Resorts does not use or disclose sensitive personal information except to provide the services you may have requested, process job applications or provide benefits to our employees.

Third-Party Collection of Personal Information

We use third-party cookies to collect personal information about your interaction with our Website.  These third-party(ies) include:

1.   For more information about Google Analytics and how it collects and processes data, please see “How Google Uses Data When You Use Our Partners’ Sites or Apps.”

Rights Regarding Your Personal Information

You have several rights regarding your personal information.  We will explain those rights to you and how you may exercise them. 

1. The Right to Know: This means you have the right to know what personal information JC Resorts has collected about you, the categories of this personal information, the categories of sources from which the personal information was collected, the business or commercial purpose for collecting, selling, or sharing your personal information, the categories of third-parties to whom we disclose personal information, and the specific pieces of personal information we have collected about you.
2. The Right to Delete: You have the right to request that we delete personal information that we have collected from you.  However, keep in mind, that this right is subject to certain exceptions. 
3. Right to Correct: You can request that we correct inaccurate personal information we maintain about you.
4. Right Not to Receive Discriminatory Treatment: You have the right not to be discriminated against based on your personal information, and the right not to be retaliated against for the exercise of your rights under California law. 

You may also request information regarding the disclosure of your personal information to third parties for their direct marketing purposes.

Exercising Your Rights

You may exercise any of the rights listed above by calling us at 855-230-3936 or emailing privacypolicy@jcresorts.com.

If you exercise any of these rights, we may need to verify your identity.  Your identity may be verified in the following ways:

• Through your membership account; or
• By confirming at least three (3) information points of your information we maintain.
• Requesting a copy of your driver’s license or ID card

If we cannot verify your identity, we may deny your request.  If that happens, we will let you know. 

In certain circumstances you may be able to designate an authorized person to make a request on your behalf. To determine if this applies to you, please send an email to privacypolicy@jcresorts.com.

Right to Opt-Out of Selling or Sharing Your Personal Information

In addition to the rights mentioned above, you also have the right to opt-out of JC Resorts “selling” or “sharing” your personal information, as those terms are defined by the California Privacy Rights Act.  If you choose to opt-out, personal information about your device and browser will no longer be accessed by third-parties.  If you would like to exercise your right to opt-out you can email us at privacypolicy@jcresorts.com.

How we make changes to this policy

We may change or update this Privacy Policy at any time, but we will always update it at least once a year. You can identify the date that this Privacy Policy was last updated by looking at the date at the top of this Privacy Policy. When we change this Privacy Policy in a material way, a notice will be posted on the homepage of the Websites for a reasonable period of time following such update. Any changes to this Privacy Policy will take effect upon posting to the Websites. Use of the Websites following posted changes constitutes your acceptance of the revised Privacy Policy then in effect.

Contact Us/Questions

To ask questions or to comment on this Privacy Policy, please contact us by email at privacypolicy@jcresorts.com, or by post at JC Resorts, Attention: Privacy Department, 533 Coast Blvd South, La Jolla, CA 92037. JC Resorts is considered a data controller under the European Union General Data Protection Regulation.