Privacy Policy

Wintergreen Resort (“Company”, “we”, “our” or “us”) respects your privacy in handling Personal Information relating to you and your use of our website www.wintergreenresort.com (“Website“). “Personal Information” may include any information that can be used to identify or locate you, such as your name, address, IP address, mailing address, contact information, email address or phone number and other information you may produce to us. Personal Information is defined in federal and state law in the United States, in the laws of Canada, and in other international laws. This Privacy Policy is intended to include the most expansive definition. However, please recognize that your rights related to Personal Information, and how Personal Information is defined, differ somewhat from state to state and country to country.

IF YOU DO NOT AGREE TO THIS POLICY, YOU ARE REQUIRED TO CEASE ALL INTERACTION WITH COMPANY IMMEDIATELY AND ARE NOT PERMITTED TO TRANSACT BUSINESS WITH US.

This Privacy Policy only applies to the information processed by us or through our Website, or otherwise provided to us by third parties about you, in connection with your (a) transaction of any business with Company; (b) interaction with Company at its properties; (c) access or use of Company websites (“Sites”), and/or (c) access or use of any other digital media or apps offered by Company (each of the above individually and collectively referred to herein as the “Services”).

By utilizing any Services in any way, you acknowledge that you accept the practices and policies outlined in this Privacy Policy, and you hereby consent to Company’s collection, use and disclosure of your information in the manner described herein.

What We Collect and How We Collect It

From time to time, we collect your Personal Information. We process Personal Information or other information about you when you utilize any of our Services in any way.

Our collection of the following types of information is completely transparent. This means that you will know when and how it is happening. We can only gather the information you voluntarily provide. If you object to or limit our processing of certain information of this nature, you may not be able to easily and efficiently use all of the features of the Services, or the Services. By providing us with this information you expressly agree to our collection, use, storage, and disclosure of the information as explained in this Privacy Policy.

• • Reservations and Account Info: When you access or use certain Services, including as examples, booking a hotel reservation, a tee-time, a ski lesson or lift ticket, an event reservation, or a restaurant reservation, we may request and gather arrival and departure information (e.g. check-in and check-out times and dates, flight numbers, rental car information, etc.), email address, names of family members and pets, proof of identity, phone number, date of birth, citizenship information, occupation, marital status, gender and/or other descriptive information or preferences.
  • Guest Preferences: When you access or use certain Services, such as those listed above, we may request that you provide certain information regarding health information and/or preferences so that we may provide a personalized experience. For example, food or other allergies, room, bed and pillow preferences, newspaper and/or other information service preferences, in-room dining preferences, equipment rentals or add-ons, shoe size, weight, height, disability/mobility accommodations, etc.
  • Payment Information and Transaction History: If you complete any purchases, your payment information and necessary additional information to fulfill the services or deliver the products such as name and address may be processed by us and/or third-party payment processors or shipping affiliates.
  • Other Personal Data: We may collect other personal data that you choose to provide. For example, if you sign up to receive marketing emails, or other communications regarding Company, participate in contests, surveys and other promotions related to the Services, we may collect information from you. We will only collect what you voluntarily provide.
  • Questions, Comments, and Feedback: You may have the ability to contact us through our Sites, to post comments, or otherwise submit feedback to Company. We collect any information you provide. In the event you contact one of our call centers, we may process information related to conversations, including recording or monitoring customer service calls for quality assurance and training purposes, and to verify your identity.

Our collection of the following types of information may happen without your express knowledge, but your agreement with this Privacy Policy constitutes your consent to it. This means that you will not necessarily know when and how it is happening. We can only gather the information through your voluntary interactions with us and/or the Services. If you object to or limit our processing of certain information of this nature, you may not be able to easily or efficiently use the Services or their features.

• • Images: We may capture images of you, including sound and video, via security cameras at our properties. There are no security cameras in rooms or other private areas, but, where permitted by law, all other public areas may be under monitor and recording for loss prevention and security purposes, and for the protection of our guests and visitors to our properties. We may also capture images if you participate in corporate sponsored, or other private or public events such as golf tournaments, races or conventions.
  • Device Information: We may process the specific geographic location of your electronic communications device, such as smartphones, tablets, or computers, via our Sites to provide you with directions to our properties or to determine your proximity to our properties or another specified location. This information may be gathered without your express knowledge, for example, if your location services are turned on in your device settings. If you do not wish to have this location information processed, you can simply disable location services in your device.
  • Information from third Parties.:  If you access the Services or communicate with us using your account from a third-party owned or operated platforms/services (e.g., Apple, Spotify, OpenTable, Facebook, Twitter, LinkedIn, Google, etc., post content to a social network, or use various social media features (e.g. “Like” button)), that information may be shared with us and we may process certain of that information, such as your username, interests, location, birthday, comments and reviews, preferences, network reach and influence, and any other information you provided to the third party in connection with your account. Your interaction with and use of any third-party platform is governed by their privacy policies.
  • Browsing Information, other Meta Data or Device Information: When you visit our Sites, we may process information about your activities on our Sites and mobile media using technology such as cookies, web beacons, IP Address, and other tracking technologies, as further explained below. This information may contain Personal Information and statistical information. We may collect device-specific information (such as hardware model, operating system version, unique device identifiers, and mobile network information, including your mobile phone number). We may record or log information from your devices, their software, and your activity accessing or using our Services. This information may include IP address, device ID numbers, system activity, location preferences, and date and time stamps of transactions. Providing this information is not mandatory and cookies can be disabled. However, please note that our Sites may not offer the same functionalities when certain cookies or other tracking data are disabled.
  • Advertising Data: From time to time, we may obtain data from third parties who collect data from other third-party sources outside of our control. These third parties may use their own cookies and other tracking technologies. We do not control these third parties, and their actions are governed by their privacy policies.

How We Use Personal Information

We may use or process personal data for any reason that is permitted under data protection laws in accordance with this Privacy Policy including: (1) as necessary to fulfill our contractual obligation to you; (2) as necessary to provide our Services to you, and give you a more personalized experience; (3) in the ordinary course of your legitimate business interest; (4) in compliance with legal and regulatory obligations, and (5) according to your express consent.

We will not sell or rent your Personal Information. Further, we will not disclose your Personal Information to any third party, except as described in the following examples:

• • Our Family of Entities. If necessary to provide you with tailored products, services, and communication, or to better understand your use of our products, services, programs, events and other offerings, we may disclose limited personal data such as name, email address and date of birth, to our family of entities, including parent, subsidiary and sister entities.
  • Authorized Booking/Transportation/Reciprocity Partners. In order to process and manage reservations or other bookings we may disclose limited personal data including, as examples, name, description, photograph, date of birth, gender, location and contact information, to our authorized booking partners, such as restaurant booking services, event ticket sales and services agencies, transportation agencies, as examples. As another example, at times we may partner with another party to provide reciprocal ski privileges, in which case, it will be necessary for us to share limited Personal Information in order for you to obtain the benefit of that arrangement.
  • Third-Party Affiliates. If necessary to provide our Services to you, certain information, which may include name, photograph, and email address, may be shared on a need-to-know basis with authorized third-party affiliates. For example, some of our activity passes, such as ski passes, come with reciprocity access to other mountain resorts that are not owned by Company. In order to grant you these access rights, some of your personally identifying information must be shared with the reciprocity partners. This is for your benefit in order that you might get the full benefit of your purchase.
  • Service Providers. We may rely on third-party service providers to host and provide certain features of the Website and Services to you, such as reservations and payment processing. Only information that is necessary to complete the transaction is shared. This information includes, as examples, name, address, credit card information, and email address.
  • Business Purposes. If the information is non-Personal Information (from which individuals cannot be identified, and which do not relate to individuals) in aggregate form, and the disclosure is for business purposes, such as consultants and advisors to Company.
  • For the Protection of Company and Others. If Company, in good faith, determines that you have used the Services to menace, threaten, harass, intimidate or otherwise deceptively pose as another person, or in any other way in violation of law or if you attempt to use the Website for any unlawful means, you have no expectation of privacy and we may disclose any and all information for the protection of Company and others.
  • Pursuant to Law, Rule or Regulation. If required or permitted to do so by law or if, in good faith, Company believes that such action is necessary to: (1) comply with the law or with legal process; (2) protect and defend Company’s rights and property or prevent fraud; (3) protect Company against abuse, misuse or unauthorized use of Company’s products or services; (4) protect the personal safety or property of its personnel, users of the Sites or the public, and/or (5) comply with tax reporting requirements. The servers that serve the Sites automatically identify a computer by its IP address.
  • Corporate Transactions. If a third party acquires all or substantially all of the assets of, or ownership interest in, Company whether by merger, acquisition, reorganization or otherwise, Company may transfer its database, including all Personal Information contained therein, to the third party.
  • Debt Collection. To assist in debt collection where you owe a debt to Company, Company may disclose the following as examples, name, address, date of birth, identification number, email address, telephone number, photograph, etc.

Calls and Text Messages.  By providing your residential or wireless phone number(s) to us, you expressly consent to receive certain calls and text messages from or on behalf of the Company, where permitted by law.  Your consent to receive calls or text messages can be revoked at any time by following the unsubscribe link in the relevant communications or by contacting us directly.  Even if you opt out or update your preferences, we may still need to contact your for transactional or other informational purposes, including customer service issues, surveys, questions regarding a specific interaction, or product and/or service inquiries.  RESIDENTS OF THE EU MAY WITHDRAW YOUR CONSENT AT ANY TIME BY FOLLOWING THE STEPS OUTLINED IN THIS POLICY.

How We Keep and Protect Personal Information

We store all information in state-of-the-art cloud storage. In doing so, we use appropriate physical, organizational and technological measures to protect your Personal Information against loss or theft, and unauthorized access, disclosure, copying, use, or modification. This includes limiting access on a “need-to-know” basis. However, no electronic data transmission can be guaranteed to be secure from access by unintended recipients. Although we are committed to employing reasonable technology to protect the security of our Sites, even with the best technology, no website is 100% secure. In transacting business with us through the website, you assume the risk inherent in transacting business online and can help to protect your data by not using the same password for different applications or websites.  You can also help us reduce fraud by immediately notifying us if you suspect that your credit card, pass product with resort charging capabilities, username or password is lost, stolen or used without your permission.  There may be factors beyond our control which may result in loss or theft, or unauthorized access, use or disclosure of your Personal Information.  Because these risks exist, we disclaim any warranties or representation on non-disclosure of your Personal Information.

To offer our Sites and Services to you, we rely on plugins and services from third parties such as Internet service providers, Email service providers, Calendar plugins, Customer Relationship Management systems, credit card processors, and third-party data storage, as examples. None of these providers should have access to your Personal Information and our credit card processors are PCI compliant. However, we cannot guarantee with certainty that the computer systems and storage systems wherein these services are offered will not be accessed by unauthorized parties. This is a risk inherent in providing any information or, or conducting any business, online. In transacting business with us through the Website, you assume the risk inherent in transacting business online.

This Privacy Policy only applies to Company, and particularly the Sites. The Sites may include links to the websites of our business partners, vendors and advertisers, including as examples, payment processors. These other sites are outside of our control. Please be aware that these websites may collect information about you and operate according to their own privacy practices which may differ from those contained in this Privacy Policy. We encourage users to be aware when you leave the Sites and to read the privacy statements of each website you visit that collects Personal Information. While the Company carefully chooses the websites to link to, this Privacy Policy applies solely to information collected on our Sites.

As a general rule, we access,  retain, store and use Personal Information for the least amount of time necessary pursuant to our relationship with you and to accomplish the purpose for which it was provided, to meet our business requirements, and fulfill our legal obligations and as applicable, the needs of the parties to whom we disclose it, or upon your request, subject to exceptions as discussed elsewhere in this Privacy Policy.

Your Right to Opt-Out

If you wish to Opt-Out from any of the aforementioned uses of Personal Information, except in the case of legal proceedings, please contact us via email at [email protected], subject line “Opt-Out”. Your subsequent disclosure of Personal Information nullifies any prior Opt-Out request. We do not discriminate against those who opt out. However, opting out may prevent us from conveniently and efficiently providing further products, services, and information to you.

California Residents

This section applies to California residents only.

Pursuant to Section 1798.83 of the California Civil Code, as amended by the California Privacy Rights Act, residents of California have the right to request from a business, with whom the California resident has an established business relationship, certain information with respect to the types of Personal Information the business shares with third parties for direct marketing purposes by such third party and the identities of the third parties with whom the business has shared such information during the immediately preceding calendar year. Residents of California may request that a business that collects a California resident’s Personal Information disclose certain categories and specific pieces of Personal Information collected, as permitted under California Consumer Privacy Act. The resident may also request that the business delete Personal Information collected about the consumer.  To request such information, you can contact us by email at [email protected], subject line “Privacy”, call (434-325-2200) or write to us at:

Wintergreen Resort
P.O. Box 706
Wintergreen, VA 22958

Canada Residents

This section applies to Canadian residents only.

Your Personal Information may be transferred outside of Canada for processing and storage. Company and its service providers may store Personal Information on servers located in other jurisdictions, including the United States. Please note that privacy laws in such jurisdictions differ from Canadian privacy laws (e.g., PIPEDA) and that in some jurisdictions your Personal Information may be accessed by law enforcement authorities or the courts in such jurisdictions.

If you wish to access your Personal Information or request that your Personal Information is removed from our database, you may contact [email protected]. The Company, within a commercially reasonable time, will provide access to this information, correct any factual inaccuracies identified, and remove information as requested. We may be unable to remove information to the extent that it is permitted or required to be retained by applicable law or document retention and data backup policies, or if removal is not practicable due to technological reasons. Removal of your Personal Information may prevent us from providing further services and information to you.

Company may require you to provide sufficient information to permit us to provide an account of the existence, use, and disclosure of Personal Information. The information provided shall only be used for this purpose.

Children Under 13

The Services are not intended or designed to be used by anyone under the age of 13. They are not meant to be attractive to anyone under the age of 13 or to have any value or use by anyone under the age of 13. We do not collect Personal Information from any person we know to be under the age of 13. If we become aware that we have inadvertently received Personal Information provided by a visitor under the age of 13 without permission from a parent or legal guardian, we will delete the information from our records.

If you are under 13, DO NOT TRANSACT WITH US THROUGH THIS WEBSITE OR OTHERWISE, AND DO NOT SEND ANY PERSONAL INFORMATION. IF YOU ARE BETWEEN THE AGES OF 13 AND 17, DO NOT USE THESE SERVICES UNLESS YOU ARE SUPERVISED BY A PARENT/GUARDIAN OR HAVE RECEIVED PERMISSION FROM YOUR PARENT/GUARDIAN.

A child’s parent or legal guardian may request deletion of their child’s Personal Information at any time by contacting [email protected] or (434-325-2200).

EU Citizens

This section applies to EU citizens and residents only. EU Citizens may, at any time, exercise his or her rights under EU Data Protection Laws, including rights of access, correction, restriction, objection, erasure, or data portability, as applicable. If you wish to exercise any of these rights please contact us [email protected]. Please note that some requests may require you to verify your identity.

If you want to unsubscribe from receiving tailored advertisements on third party sites and/or marketing emails sent by or on behalf of Company and/or any of its affiliate brands, you can do so by visiting our email subscription center or by following the instructions in any such marketing email you receive from us. Or, simply send an unsubscribe request to [email protected].

In the event that we make routine transfers of your Personal Information in the normal course of business to ourself or our affiliates and these transfers include any Personal Information which the EU Data Protection Laws apply, such transfers, if to the United States, will be made in accordance with the EU Data Protection Laws.

In the event that you provide personal data directly to a third party and not to Company (such as to a third-party payment service), Company shall have no responsibility or liability with respect to such Personal Information, and such third party shall solely be responsible for compliance with all applicable laws and regulations governing such personal information.

Miscellaneous

Transmission Of Information To Other Countries. Your information may be processed in a foreign country where privacy laws may be less stringent than the laws in your country.  Nonetheless, where possible we take steps to treat personal information using the same privacy principles that apply pursuant to the law of the country in which we first received your information. By submitting your personal information to us you agree to the transfer, storage and processing of your information in a country other than your country of residence including, but not necessarily limited to, the United States. If you would like more information concerning our attempts to apply the privacy principles applicable in one jurisdiction to data when it goes to another jurisdiction you can contact us using the contact information below.

Third Party Applications/Websites. We may offer links to sites that are not operated by us, or you may see a banner ad for a product and click on that to visit a non-Company website for that product.  If you visit one of these linked sites, you should review their privacy and other policies. We are not responsible for the policies and practices of other companies.

Changes To This Privacy Policy. We may change our privacy policy and practices over time. To the extent that our policy changes in a material way, the policy that was in place at the time that you submitted personal information to us will generally govern that information unless we receive your consent to the new privacy policy. We will note the effective date of the latest version at the beginning of the Privacy Policy.

Contact

If you have any questions about this Privacy Policy, the Sites or Services, or if you have questions or concerns about the collection, use, disclosure, amendment or deletion of your Personal Information, you may contact us online [email protected],  or at the following address:

Wintergreen Resort
P.O. Box 706
Wintergreen, VA
22958

Cookies

Cookies make the use of our Sites easier by, among other things, saving your preferences. We may also use cookies to deliver content tailored to your interests. Our cookies may enable us to relate your use of the Website to Personal Information that you previously provided.

Drone Policy

Wintergreen Resort prohibits the use of aerial drones.