Kompose Hotel

Privacy Policy

LAST UPDATED: October, 13^th 2020

KOMPOSE SARASOTA, LLC (the “Company”) is concerned about privacy issues and wants you to be familiar with how it collects, uses and discloses your Personal Information. This policy covers the Company websites (the “Websites“) and Services (as defined below) and is applicable to the Company. This Privacy Policy informs you as to how the Company looks after your Personal Information and tells you about your privacy rights and how the law protects you. By providing Personal Information to us, you agree to the terms and conditions of this Privacy Policy.

Important Information

This Privacy Policy aims to give you information on how the Company collects and processes your Personal Information through your use of its Websites and Services, including any data you may provide through the Websites when you sign up to the Company’s newsletter, make a booking reservation, log on to our WiFi network, take part in an event, or take part in a competition.

The Company’s Services are not intended for children and we do not knowingly collect data relating to children. 

It is important that you read this Privacy Policy together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing your Personal Information so that you are fully aware of how and why we are using your Personal Information. This Privacy Policy supplements the other notices we may provide to you and is not intended to override them.

Controller

The Company is the controller and is responsible for your Personal Information.

Contact Us

Full name of legal entity: KOMPOSE SARASOTA, LLC

Email address: info@komposesarasota.com

Postal address: KOMPOSE SARASOTA, LLC

Attention: Legal Department
2080 Ringling Blvd

Sarasota FL 34237

PERSONAL INFORMATION

Personal Information We Collect

“Personal Information” is information that identifies you as an individual or relates to an identifiable person, including: 

• Identity Data which includes: first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
• Contact Data which includes billing address, delivery address, email address and telephone numbers.
• Financial Data which includes bank account and payment card details.
• Transaction Data which includes details about payments to and from you and other details of products and services you have purchased from us.
• Technical Data which includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access our Services.
• Profile Data which includes your username and password, profile picture, reservations, purchases or orders made by you, your interests, preferences, feedback and survey responses.
• Usage Data which includes information about how you use our Websites, products and Services (as defined below).
• Marketing and Communications Data which includes your preferences in receiving marketing from us and our third parties and your communication preferences.
• Information collected through the use of key card and other security systems.

Third Parties

We may use a third-party payment service to process payments made through the Services.  It is our policy to only share Personal Information with contractors, service providers and other third parties who are bound by contractual obligations to keep Personal Information confidential and use it only for the purposes for which we disclose it to them.  If you wish to make a payment through the Services, your Personal Information may be collected by such third party and not by us and will be subject to the third party’s privacy policy, rather than this Privacy Policy.  We have no control over, and are not responsible for, this third party’s collection, use and disclosure of your Personal Information. 

We may also disclose your Personal Information to a third party when you ask us to do so or when we believe it is required by law. 

If you submit any Personal Information relating to other people to us or to our service providers in connection with the Services, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.

How We Collect Personal Information

This Privacy Policy describes our practices in connection with Personal Information that we collect through the Websites operated by us from which you are accessing this Privacy Policy , through the software applications made available by us for use on, or through, computers and mobile devices (the “Apps“), through social media websites and third-party services such as Expedia or Open Table (“Third Parties“) through which we collect or receive Personal Information from, or about, you, through HTML-formatted email messages that we send to you that link to this Privacy Policy, and through our WiFi network (“WiFi“) (collectively, including the Websites, Third Parties, WiFi and the Apps, the “Services“). 

We and our third party service providers may collect Personal Information in a variety of ways, including:

• Through the Services:  we may collect Personal Information through the Services, such as when you sign up for our Wi-Fi, sign-up or opt-in as a subscriber or make a purchase or booking.
• From Other Sources:  we may receive your Personal Information from other sources, such as public databases; joint marketing partners; online travel/restaurant companies; booking engines; social media platforms; people with whom you are friends or otherwise connected on social media platforms; and other third parties.  For example, if you choose to connect your social media account to your Website account, certain Personal Information from your social media account will be shared with us, and it may include Personal Information that is part of your profile or your friends’ profiles. 

How We Use Personal Information

We will only use or disclose your Personal Information when the law allows us to. Most commonly, we use or disclose your Personal Information in the following circumstances:

• where we need to perform the contract we are about to enter into or have entered into with you;
• where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests; or
• where we need to comply with a legal or regulatory obligation.

Generally we do not rely on consent as a legal basis for processing your Personal Information, other than in relation to sending direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us at info@komposesarasota.com.  Please note that if, in the event we rely on your consent to process your Personal Information, you withdraw your consent we may no longer be able to provide you with: (a) updates and promotions; (b) the best user experience possible to our Services; (c) the best customer experience. 

We have set out below a description of all the ways in which we plan to use your Personal Information:

• to respond to your inquiries and fulfill your requests, such as to send you the Kompose newsletter and other marketing materials;
• to send administrative information to you, such as information regarding the Services and changes to our terms, conditions and policies;
• to complete and fulfill your booking or other purchase, including, for example, to process your payment, communicate with you regarding your purchase and provide you with related customer service;
• to send you marketing communications that we believe may be of interest to you;
• to contact you with respect to any membership and/or billing inquires; 
• to personalize your experience on the Services by presenting products and offers tailored to you;
• to allow you to participate in sweepstakes, contests and similar promotions and to administer these activities.  Some of these activities have additional rules, which could contain additional information about how we use and disclose your Personal Information, so we suggest that you read such rules carefully.
• to facilitate social sharing functionality;
• to allow you to send messages to a friend through the Services.  By using this functionality, you are telling us that you are authorized to use and provide us with your friend’s name and email address; 
• for our business purposes, such as data analysis; market research; surveys; customer satisfaction; audits; fraud monitoring and prevention; developing new products and services; enhancing, improving or modifying our Services; identifying usage trends; determining the effectiveness of our promotional campaigns and operating and expanding our business activities; and
• as we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.

How We Disclose Your Personal Information We will only disclose your Personal Information when the law allows us to. Most commonly, we disclose your Personal Information in the following circumstances: 

• to our affiliates within the Company’s portfolio for the purposes described in this Privacy Policy. The Company is the party responsible for the management of the jointly-used Personal Information. This sharing with our affiliates allows us to provide you with information about all of our locations and amenities that may be of interest to you.  Any commercial email sent by an affiliate will include an opportunity to not receive such email messages in the future;
• to our third party service providers who provide services such as website hosting, data analysis, data analytics, payment processing, information technology and related infrastructure provision, customer service, email delivery, auditing and other services. For example, we may use Google Analytics and others to provide analytics;
• to non-affiliated third parties, to permit them to send you marketing communications, if you have opted-in to such sharing;
• to third-party sponsors of sweepstakes, contests and similar promotions;
• to identify you to anyone to whom you send messages through the Services;
• by you, on message boards, chat, profile pages, blogs and other services to which you are able to post information and materials.  Please note that any information you post or disclose through these services will become public and may be available to other users of the Services and to the general public.  We urge you to be very careful when deciding to disclose your Personal Information, or any other information, on the Services;
• to your friends associated with your social media account, to other users of the Services and to your social media account provider, in connection with your social sharing activity, such as if you connect your social media account to your Services account or log into your Services account from your social media account. By connecting your Services account and your social media account, you authorize us to share information with your social media account provider, and you understand that the use of the information we share will be governed by the social media site’s own privacy policy.  If you do not want your Personal Information shared in this way, do not connect your social media account with your Services account, and do not participate in social sharing on the Services;
• to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings); and
• as we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.

OTHER INFORMATION

Other Information We May Collect

“Other Information” is any information that does not reveal your specific identity or does not directly relate to an individual, such as: 

• browser and device information;
• App usage data;
• information collected through cookies, pixel tags and other technologies;
• demographic information and other information provided by you; and
• aggregated information.

How We May Collect Other Information / Online Tracking

We may collect Other Information in a variety of ways, including: 

• Through your browser or device:  Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version and the name and version of the Services (such as the App) you are using.  We use this information to ensure that the Services function properly.
• Through your use of the App:  When you download and use the App, we may track and collect App usage data, such as the date and time the App on your device accesses our servers and what information and files have been downloaded to the App based on your device number.
• Using cookies: Cookies are pieces of information stored directly on the computer that you are using.  They allow us to collect information such as browser type, time spent on the Services, pages visited, your location, language preferences and anonymous traffic data.  We use the information for such purposes as security, to facilitate navigation, to display information more effectively, to personalize your experience, to understand how the Services are used, to improve the Services and to assist us with resolving questions regarding them.  Cookies further allow us to select which of our advertisements or offers are most likely to appeal to you and display them while you are on the Services.  We may also use cookies to track responses to our online advertisements. We do not track your activities when you are on third-party websites, but we may track your actions with respect to our ads placed on third-party websites.  We do not honor browser do-not-track signals at this time.
  
  If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to automatically decline cookies or be given the choice of declining or accepting the transfer to your computer of a particular cookie (or cookies) from a particular site.  You may also wish to refer to https://www.allaboutcookies.org/manage-cookies/index.html.  If, however, you do not accept our cookies, you may experience some inconvenience in your use of the Services.  For example, we may not be able to recognize your computer, so you may need to log in every time you visit.  You also may not receive advertising or other offers from us that are relevant to your interests and needs.  You may opt out of cookie collection here http://www.networkadvertising.org/choices/.
  
  We use Google Analytics, which uses cookies and other, similar technologies to collect information about use of the Services and reports website trends, without identifying individual visitors.  You can learn about Google’s practices and opt out of them by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.
• Using pixel tags and other similar technologies: We may use pixel tags (also known as web beacons and clear GIFs) in connection with the Services to, among other things, track the actions of users of the Services (including email recipients), measure the success of our marketing campaigns and compile statistics about usage of the Services and response rates.  
• Using Adobe Flash technology (including Flash Local Shared Objects (“Flash LSOs”)) and other similar technologies: We may use Flash LSOs and other technologies to, among other things, collect and store information about your use of the Services.  If you do not want Flash LSOs stored on your computer, you can adjust the settings of your Flash player to block Flash LSO storage using the tools contained in the Website Storage Settings Panel.  You can also control Flash LSOs by going to the Global Storage Settings Panel and following the instructions (which may include instructions that explain, for example, how to delete existing Flash LSOs (referred to as “information” on the Macromedia site), how to prevent Flash LSOs from being placed on your computer without your being asked, and (for Flash Player 8 and later) how to block Flash LSOs that are not being delivered by the operator of the page you are on at the time).  Please note that setting the Flash Player to restrict or limit acceptance of Flash LSOs may reduce or impede the functionality of some Flash applications, including, potentially, Flash applications used in connection with the Services or our online content. 
• IP Address:  Your “IP Address” is a number that is automatically assigned to your computer by your Internet Service Provider.  An IP Address may be identified and logged automatically in our server log files whenever a user accesses the Services, along with the time of the visit and the page(s) visited.  Collecting IP Addresses is standard practice and is done automatically by many websites, applications and other services.  We use IP Addresses for purposes such as calculating usage levels, helping diagnose server problems and administering the Services.
• Physical Location:   We may collect the physical location of your device by, for example, using satellite, cell phone tower or WiFi signals.  We may use your device’s physical location to provide you with personalized location-based services and content.  
• From you:  Information, such as your gender or preferred means of communication, is collected when you voluntarily provide it.  Unless combined with Personal Information, this information does not personally identify you.
• By aggregating information:  We may aggregate users’ Personal Information (for example, we may calculate the percentage of our users who have a particular telephone area code).  Aggregated Personal Information does not personally identify you or any other user of the Services.

How We May Use and Disclose other information 

We may use and disclose other information for any purpose, except where we are required to do otherwise under applicable law.  If we are required to treat other information as Personal Information under applicable law, then we may use it for all the purposes for which we use and disclose Personal Information.

We may combine other information with Personal Information. If we do, we will treat the combined information as Personal Information as long as it is combined.

THIRD PARTY SERVICES

This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including any third party operating any site or service to which the Services link.  The inclusion of a link on the Services is solely for your convenience, and the inclusion of such links does not imply endorsement of the linked site or service by us or by our affiliates. You access linked sites at your own risk and by accessing them you leave the Services.

We are not responsible for the information collection, use and disclosure policies and practices (including the data security practices) of other organizations, such as Facebook, Apple, Google, Microsoft, RIM or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer, and we encourage you to check the applicable privacy policy to determine how these linked sites will handle any of your Personal Information.

SECURITY

We seek to use appropriate organizational, technical and administrative measures to protect Personal Information within our organization, including: (a) the pseudonymization and encryption of your personal information where appropriate; (b) ensuring ongoing confidentiality, integrity, availability and resilience of processing systems and services; (c) ensuring we can restore access to personal information in a timely manner if a physical or technical incident occurs; and (d) regular testing, assessment and evaluation of the effectiveness of our technical and organizational measures to ensure your personal information is secure.  Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure and we cannot ensure the security of the information that you transmit.  If you have reason to believe that your interaction with us is no longer secure, please immediately contact us in accordance with the “Contacting Us” section.

CHOICES AND ACCESS

Your choices regarding our use of your Personal Information

You may opt out from receiving electronic communications from us.  If you no longer want to receive marketing-related emails from us on a going-forward basis, you may opt out of receiving them by following the instructions contained in each such message.  

We will try to comply with your request as soon as reasonably practicable. If you opt-out, we may still send you important administrative messages, from which you cannot opt-out.

How you can access, change or suppress your Personal Information

If you would like to review, correct, update, suppress or delete Personal Information that you have provided to us, contact us at the address below.  In your request, please make clear what Personal Information you would like to have changed, whether you would like to have the Personal Information you have provided to us suppressed from our database, or otherwise let us know what limitations you would like to put on our use of the Personal Information you have provided us.  For your protection, we may only implement requests with respect to the Personal Information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request.  We will try to comply with your request as soon as reasonably practicable.  

Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting such change or deletion.  There may also be residual information that will remain within our databases and other records and which will not be removed.

RETENTION PERIOD

We will retain your Personal Information for the period necessary to provide the Services. Processing is therefore necessary for the purposes of our legitimate interest, unless a longer retention period is required or permitted by law.  

USE OF SERVICES BY MINORS

The Services are not directed to individuals under the age of thirteen (13), and we request that these individuals do not provide Personal Information through the Services. 

CROSS-BORDER TRANSFER

We are committed to complying with applicable laws, regulations and mandatory government standards regarding the protection of Personal Information.  

Since we are a global organization, Personal Information and any additional information submitted may be used globally in connection with employment, business processes within the Company, or communicating with our clients. Therefore, Personal Information may be transferred to other Kompose entities worldwide, where it will be processed in accordance with this Privacy Policy and laws that are applicable in each country. Countries where we process data may have laws which are different, and potentially not as protective, as the laws of your own country.

If we transfer your Personal Information out of your jurisdiction, we will implement suitable safeguards or rely on legally-provided mechanisms to lawfully transfer data across borders to ensure that your Personal Information is protected.

CALIFORNIA PRIVACY RIGHTS

The California Civil Code Section 1798.83 permits California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make a request please contact us at the address provided.  

YOUR LEGAL RIGHTS

You have rights under data protection laws in relation to your Personal Information: You have the right to:

• Request access to your Personal Information (commonly known as a “data subject access request”). This enables you to receive a copy of the Personal Information we hold about you and to check that we are lawfully processing it.
• Request correction of the Personal Information that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
• Request erasure of your Personal Information. This enables you to ask us to delete or remove Personal Information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your Personal Information where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your Personal Information to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
• Object to processing of your Personal Information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your Personal Information for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
• Request restriction of processing of your Personal Information. This enables you to ask us to suspend the processing of your Personal Information in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
• Request the transfer of your Personal Information to you or to a third party. We will provide to you, or a third party you have chosen, your Personal Information in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
• Withdraw consent at any time where we are relying on consent to process your Personal Information. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

In respect of exercising your rights, please note: 

No fee usually required. 

You will not have to pay a fee to access your Personal Information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. Alternatively, we may refuse to comply with your request in these circumstances. 

What we may need from you 

We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Information (or to exercise any of your other rights). This is a security measure to ensure that Personal Information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response. 

Time limit to respond 

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

SENSITIVE INFORMATION

We ask that you not send us, and you not disclose, any sensitive Personal Information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through the Services or otherwise to us. 

UPDATES TO THIS PRIVACY POLICY

We may change this Privacy Policy.  The “LAST UPDATED” legend at the top of this page indicates when this Privacy Policy was last revised.  If there are any material changes to this Privacy Policy or our information practices change in the future, we will notify you by posting the changes to the Website. Any changes will become effective when we post the revised Privacy Policy on the Services.  Your use of the Services following these changes means that you accept the revised Privacy Policy.