PRIVACY POLICY

Privacy Policy

Last updated: March 14, 2022

Unique Travel Corp. (“Unique,” “we,” “us” or the “Company”), the worldwide representative for Fowl Cay Resort, operates this website (the “Site”). This privacy policy (this “Privacy Policy”) will explain how our organization uses the personal data we collect from you when you use our website. 

This Privacy Policy applies to our operations and bookings made through the United States.

This Privacy Policy is part of Unique’s website terms and conditions https://www.fowlcay.com/legal, and your use of the Site, clicking to agree to such terms and/or this Privacy Policy and/or submission of information or personal data to the Site constitutes your acceptance of and agreement with the terms of this Privacy Policy and your consent to the collection, processing/use and/or disclosure of your personal data as described herein.

Where you also provide us with personal data of others, for instance, guests accompanying you on your holiday, please provide those persons with a copy of this Privacy Policy. Their personal data is also subject to the terms hereof.

What information do we collect about you?

The types of personal data about you we may collect, process/use, store and disclose are set out below: 

   •    Personal contact details including but not limited to name, contact number, e-mail address, postal address
   •    Social Security Number 
   •    Date of birth
   •    Payment card information
   •    Name(s) and date(s) of birth of any accompanying guests, including children
   •    Flight details
   •    Dates of stay
   •    Name of your host resort
   •    Information about how you use our website (for example, the pages you visit and how you navigate through our website, for               more details about how we collect this information, please see our cookies section) 
   •    Information about your location based on your IP address

Special categories of personal data

Certain categories of personal data, such as race, religion, or health, are considered to be “special categories” of personal data as they are more sensitive types of data. We try to limit the circumstances where we collect and process special categories of personal data as much as possible. However, we may also occasionally collect, process and/or use to provide services and store the following special categories of personal data: 

   •    Dietary requirements revealing or suggesting a religious or philosophical belief or a health condition
   •    Relevant medical information such as current medications taken

How do we collect your data?


We typically collect most personal data directly from you when you: 
   •    Book a vacation or other product or service on our websites, either directly or via a tour operator or travel agent; 
   •    When you contact our call centers or customer care agents;
   •    When you complete a customer survey or provide us with feedback;
   •    Enter a competition or register for a promotion or sweepstakes;
   •    Interact with us via social media; and 
   •    When you visit our website.

In addition, we may receive your data indirectly from the following sources:
   •    Companies contracted by us to provide services to you;
   •    Companies involved in your travel plans;
   •    Customer programs such as mobile apps; and 
   •    Companies running a competition where one of our vacations is the prize.

How will we use your data?

   •    Unique collects your data so that we can: Contact you in relation to the services you have booked and in order to collect and              recover payment due to us. Confirm the services you have booked (e.g., booking your flights);
   •    Obtain marriage authorizations/licenses from the relevant Caribbean government authority for the resort at which a wedding              has been booked;

   •    Fulfill brochure requests; 

   •    Contact you with promotions and marketing information (if you have consented to us doing so);

   •    Handle complaints;
   •    Manage our relationship with you;
   •    Book the services that you have requested;
   •    Process your payment for the services you have booked;
   •    Coordinate reservations including your pick-up and drop-off to and from the airport at your trip destination;
   •    Identify the dates on which you have reserved our services;
   •    Identify the resort at which you have booked our services;
   •    To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising           we deliver to you;
   •    To use data analytics to improve our website, products/services, marketing, client relationships and experiences;
   •    Provide you with more relevant content;
   •    Analyze how our website users interact with our websites;
   •    Perform our contract with you; and
   •    Minimize health risks (e.g. allergic reactions) and accommodate guest preferences

We may share or disclose your personal data with third parties, including third-party service providers, and other entities within our group where this is required by law, where it is necessary to perform our contract with you, or where we have another legitimate interest in doing so.

We will need to share your personal data with others including:

   •    The resort at which you are staying;
   •    The airline providing your flights;
   •    Other entities or the affiliates within our group who participate in the booking process for the services provided to you;*
   •    Our booking system providers;
   •    Our tour provider, if you choose to book a tour;
   •    The Sandals Foundation, if you choose to make a donation;
   •    Third party service providers we are using to provide services that involve data processing such as IT and system                              administration services;
   •    Third parties we have engaged to run customer surveys on our behalf;
   •    Professional advisers including our legal teams (both internal and also external law firms), bankers, auditors and insurers to the          extent such information is relevant to the performance of their services;

*We will share your personal data with other entities or the affiliates in our group who participate in the booking process for the services provided to you, as part of our regular reporting activities in company performance, in the context of a business reorganization or group restructuring exercise, for system maintenance support and hosting of data.

We may share your personal data with third parties, for example in the context of the possible sale or restructuring of the business. We may also need to share your personal data with a regulator or to otherwise comply with the law or a judicial process.  We may disclose your personal data if we are required by law to do so or if we reasonably believe that disclosure is necessary to protect our rights and/or to comply with judicial or regulatory proceedings, a court order or other legal process.

Basis for Processing Personal Data 

We will rely on one or more of the following legal basis for processing your personal data:
   •    Where we need to perform the contract we have entered into with you (i.e., we need to provide the services you have booked);
   •    Where we need to comply with a legal obligation;
   •    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;
   •    Where you have consented to us doing so.

What if you do not provide the personal data we request?

If you do not provide us with certain information when requested, we will not be able to perform all or part of the contract we have entered into with you (such as booking your flights or hotel).

Change of purpose

We will only use your personal data for the purposes for which we collected it (as identified above) unless we reasonably consider that we need to use it for another reason, which is compatible with the original purpose. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis, which allows us to do so.

If you access the Site through a mobile device, we may also be able to identify the location of your mobile device. You may choose not to share your location details with us by adjusting your mobile device’s location services settings. For instructions on changing the relevant settings, please contact your service provider or device manufacturer.

Our Internet service providers may also use other standard web-based technologies to analyze your movements while accessing our Site. The technologies include analytic solutions, web “beacons,” “pixel tags,” and “clear gifs.” These technologies help us ascertain the effectiveness of our product and service campaigns and marketing programs; allow us to customize the services offered on or through our Site; and help determine the best use for Site content, and product and service offerings. Some of this information, including the IP address, may be stored on our Internet service provider’s server logs, and may be available for extended periods of time.


Cookies

A cookie is an element of data that is stored on a user's computer. It may be used to identify the device you use to access the website to help us improve and deliver a more personalized service based on browsing style. We use both session ID cookies and persistent cookies. Because we respect your right to privacy, you can choose not to allow some types of cookies.  However, blocking some types of cookies may impact your experience of the site and the services we are able to offer.
Types of Cookies:

Category 1 - Strictly Necessary Cookies:  These cookies are required to enable core site functionality and are automatically enabled when you use the site. These cookies remain on your device only until you close your browser after visiting our web site.

Category 2 - Performance Cookies: These cookies enable this website to save information on your shopping preferences including filtering your searches to display the most relevant products to you. This cookie is destroyed at the end of the user’s visit.

Category 3 - Functionality Cookies: These cookies enable us to provide a better service based on how users use our website and allow us to improve its performance and/or customize its features to deliver a better experience.

Category 4 - Targeting Cookies or Marketing Cookies: These cookies allow us to provide you with ads that are relevant to your use of our website. They are set by us and carefully selected third parties and inform both as the third parties about your browsing habits, so you can be provided with advertising that is most relevant to you.

By using our websites, you agree that we can place these types of cookies on your device. You can also block or delete cookies from our Website or any other website, by activating the setting on your browser that allows you to refuse the setting of all or some cookies or you can access our Cookie Preference Center text link located at the footer of our website(s)' home page(s).

Other Web Sites

We recommend reading the privacy and cookie policies of the websites you may access through the links found on our Website. This includes that of Advertisements that may appear on our site.  Please note that your cookie preference settings on this Website will not be applied to other companies’ websites.


Transferring your personal data 


We may transfer the personal data we collect about you to Canada where our servers are located for our legitimate interests in hosting all data on our central servers there.

We may also transfer the personal data we collect about you to countries where the third parties indicated above are located including the United States, Canada, Panama, Jamaica, The Bahamas, St. Lucia, Antigua, Grenada, Barbados, Turks & Caicos and Curacao in order to perform our contract with you by booking your requested vacation. Your personal data may also be transferred to Honduras and India where our database maintenance teams are located for our legitimate interests in maintaining such database.

Unique may also use personal data to investigate and help prevent potentially unlawful activity or activity that threatens the network or otherwise violates the Site’s terms and conditions for usage.

Business Transfers

In the event that Unique or any of its affiliates is acquired (whether by sale of assets or ownership interests) by merger with a third party entity or otherwise, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our website visitors as part of such merger, acquisition, sale, or other change of control, and your use of the Site and/or submission of any information to the Site constitutes your consent to such transfer or assignment.  In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal data is treated, transferred, or used.


Security

Unique has implemented technology and security features in an effort to safeguard the privacy of your personal data from unauthorized access or improper use, and Unique will seek to continue to enhance its security procedures as new technology becomes available. However, you acknowledge and agree that perfect security is not possible and your personal data could still be accessed and used by others without authorization.  Your access and use of the Site constitutes your agreement that Unique is not and shall not be responsible for any such unauthorized access and use of your personal data.

Additionally, notwithstanding any other provision contained herein, to the extent permitted or required by law, regulation or other legal requirement, we will disclose your information to government authorities or third parties if: (i) required to do so by law, or in response to a subpoena or court order; (ii) we believe in our sole discretion that disclosure is reasonably necessary to protect against fraud, to protect the property or other rights of us or other users, third parties or the public at large; or (iii) we believe that you have abused the Site by using it to attack other systems or to gain unauthorized access to any other system, to engage in spamming or otherwise to violate applicable laws or in violation of our Site Terms and Conditions. You should be aware that, following disclosure to any third party, your information may be accessible by others to the extent permitted or required by applicable law.

How long will we retain your information?

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data, and whether we can achieve those purposes through other means, and the applicable legal requirements.


Generally, we will retain your information for the period necessary to fulfill the purposes outlined in our applicable terms, conditions and policies, unless a longer retention period is required or permitted by law. We will keep information obtained through our dealings with you for a reasonable time (generally, at least 7 years) after the later of: (a) your last activity as a customer; (b) you are no longer a member of our rewards program or associated with another member’s rewards account; (c) the information has served its collected purpose; (c) the time reasonably necessary to comply with legal, regulatory, contractual, accounting, and reporting obligations. We may keep your information for an extended period of time where legally advisable considering any legal risk, such as where a dispute or investigation exists or is anticipated. Information that will no longer be retained will be securely destroyed, erased or anonymized (made anonymous so that it can no longer be associated with or be used to identify a particular customer).

What are your data protection rights?

Our Company would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:
   •    The right to access – You have the right to request Our Company for copies of your personal data. We may charge you a small          fee for this service.
   •    The right to rectification – You have the right to request that Our Company correct any information you believe is inaccurate.                You also have the right to request Our Company to complete the information you believe is incomplete.
   •    The right to erasure – You have the right to request that Our Company erase your personal data, under certain conditions.
   •    The right to restrict processing – You have the right to request that Our Company restrict the processing of your personal data,          under certain conditions.
   •    The right to object to processing – You have the right to object to Our Company’s processing of your personal data, under                 certain conditions.
   •    The right to data portability – You have the right to request that Our Company transfer the data that we have collected to                    another organization, or directly to you, under certain conditions.

If you make a request, we have 45 days to respond to you. If you would like to exercise any of these rights, please contact us at our email: privacy@uniqueglobalinc.com

Call us at: 1-877-589-5650 

Or write to us: General Counsel, Unique Travel Corp., c/o Gilingam House, P.O. Box SS-19020, Nassau, Bahamas.

Marketing

Unique would like to send you information about our events, products, or services that we think you might like. If you have agreed to receive marketing, you may always opt-out by notifying Unique via email.  You have the right at any time to stop Unique from contacting you for marketing purposes or giving your data. 


Surveys

Unique may from time to time conduct surveys on the Site. Surveys are conducted at random and are completely voluntary to users of the Site. The survey may require a user to provide personal data. Unique may use this information and share it with its contractors as described above to better tailor its products, services and marketing efforts, including advertising or other content provided on the Site and/or to you in particular.

Additional Privacy Protections for Children Using the Internet

Unique does not solicit or target persons younger than legal age for collection of information online.  Our Site is not intended for use by minors. Unique is concerned about the privacy and safety of children when they use the internet. Unique will never knowingly request personal data from anyone under the age of 18 or the age of majority in their respective state without prior verifiable parental consent.

Policy Changes

We reserve the right to update this Privacy Policy at any time, and we will make an updated copy of such Privacy Policy available on our website when we make any substantial updates. We may also notify you in other ways from time to time about the processing of your personal data. Your access and use of the Site thereafter constitute your acknowledgment and acceptance of same. This privacy policy does not create any legal right for you or any third parties.

Questions?

Please direct any questions or comments regarding our privacy policy to our Compliance Officer at privacy@uniqueglobalinc.com.

How to contact the appropriate authority


Should you wish to report a complaint or if you feel that Our Company has not addressed your concern in a satisfactory manner, you may contact your State Data Privacy Regulatory Agency or Attorney General.

Unique California Consumer Privacy Supplement to Privacy Policy,

This California Consumer Privacy Supplement (“Supplement”) to our general Privacy Policy applies to visitors, users, and others who reside in the State of California in order to comply with the California Consumer Privacy Act of 2018 (“CCPA”).  Our general Privacy Policy is incorporated herein by reference and applies to California resident consumers in tandem with this Supplement to California consumers, with the terms of this Supplement taking precedence.

Unique typically collects and discloses the following categories of personal information from consumers within the preceding 12 months:
   •    Identifiers such as real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email          address, account name, social security number, driver’s license number, passport number, or other similar identifiers;
   •    Any personal information described in subdivision (e) of Section 1798.80 of the California Civil Code;
   •    Characteristics of protected classifications under California or Federal Law such as age, gender, etc.;
   •    Commercial Information, including records of personal property, products or services purchased, obtained, or considered, or            other purchasing or consuming histories or tendencies;
   •    Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and                    information regarding a consumer’s interaction with an internet website application, or advertisement;
   •    Geolocation data;
   •    Inferences drawn from other information; and
   •    Sensitive Personal Information. 

Unique collects, uses, and retains California Consumer Personal Information as outlined above in the main Privacy Policy. 


Unique does not sell Personal Information to Third Parties. 

California Consumer Requests Under the CCPA

Under the California Consumer Privacy Act (CCPA), California residents have the right to request, through a verifiable consumer request, that a business disclose certain information.  Once we receive and confirm your verifiable consumer request, we may disclose:
   •    The categories of personal information that it has collected about that consumer.
   •    The categories of sources from which the personal information is collected.
   •    The business or commercial purpose for collecting or selling personal information.
   •    The categories of third parties with whom the business shares personal information.
   •    The specific pieces of personal information it has collected about that consumer.

A California resident has the right to request through a verifiable consumer request that we delete personal information, subject to certain exceptions.  If the information Unique maintains about you falls into one or more exceptions, we may not be able to delete the information. 

A California resident has the right to request through a verifiable consumer request that we correct inaccurate personal information, subject to certain exceptions and the nature of the personal information.  

California Consumers have the right not to be discriminated against because they exercised available rights under the CCPA.

If you are a California consumer, you may make any of the requests mentioned above or in the CCPA by: (i) sending an email to privacy@uniqueglobalinc.com with “California Privacy Information Request” included in both the subject line and body; (ii) calling our toll-free privacy information request line at: 1-877-589-5650 and specifying you are a California consumer making a privacy request under the CCPA.  All requests are contingent on an identity verification process for security reasons. 

A California resident can designate an authorized agent to make a request under the CCPA by sending us a notarized power of attorney. You must verify your identity and provide authorization to speak with your authorized agent.  You must describe your request with sufficient detail to enable us to respond to your request.

We may revise this Privacy Policy from time to time.  Modifications go into immediate effect after they have been posted.  See the last updated date at the beginning of this Privacy Policy.  If you do not agree with the policy, you should cease use of the site immediately.  

If you require further information about this privacy policy, you can request it from privacy@uniqueglobalinc.com.

FCWEB-EN-PNConsumer-03142022

 
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