Privacy Policy & Terms of Use

Effective Date: September 20, 2019

Privacy Policy

The Houses on Manzanita Beach ( “we”, “our” or “us”) provides this privacy policy (the “Privacy Policy”) to describe the types of information we collect from you when you visit and use our website and any other webpages operated by us that link to this Privacy Policy (the “Website”), and our practices for collecting, using, and disclosing that information.

 

This Privacy Policy applies to information collected from or about you on the Website, through email and other electronic messages between you and the Website. This Privacy Policy does not apply to information that may be collected by us offline or through any other means, including on any other websites operated by us or any third parties (including our affiliates). This Privacy Policy also does not apply to information collected by any third party, including through any application or content that may link to or be accessible from the Website. Certain transactions and services offered while visiting the Website 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).

 

Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. BY ACCESSING OR USING THE WEBSITE, YOU CONSENT TO OUR COLLECTION, USE AND DISCLOSURE OF INFORMATION ABOUT YOU AS DESCRIBED IN THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH OUR POLICIES AND PRACTICES, DO NOT USE OUR WEBSITE. Your continued use of the Website after we make changes is deemed to be acceptance of those changes, so please check this Privacy Policy periodically for updates.


The Website is operated from the United States in accordance with laws of the United States and visitors to the Website should be aware that the laws of the United States may differ from those of your country of residence. If you are located in the European Union or elsewhere outside of the United States, your use of the Website is at your own risk and initiative and you, not us, are responsible for compliance with any applicable local and national laws. By using the Website, 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 Website; (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 Website will use, process and share your information in accordance with our Privacy Policy and U.S. law. Consequently, you hereby waive any claims that may arise under the laws and regulations that apply to you in any other country or jurisdiction.

 

TYPES OF INFORMATION WE COLLECT AND HOW WE COLLECT IT
We collect various types of information from and about you on the Website, including:

  • “Personally Identifiable Information” or “personal information,” which is information by which you may be personally identified or contacted, such as your first and last name, email address, postal address, billing address, telephone numbers (including mobile telephone numbers), credit/debit card number, or any other identifier by which you may be contacted offline or online. Personal information also may include information that is not personally identifiable standing alone (for example, your travel dates) but is when stored with personally identifiable information (for example, your travel dates together with your first and last name). Many pages on our Website can be visited without providing any personal information. On other Website pages, you may be prompted or invited to provide certain personally identifiable information, such as to join our mailing list or to receive brochures or other promotional materials about our branded developments or other offers that may be of interest to you. Certain features of some websites, such as reservations, may require credit card and billing information as well.

  • “Non-personal information,” which is data that is about you but which does not identify you as an individual and is not linked to your personal information. This may include information such as (i) your travel dates, birth date, nationality, gender, preferred airline, communication preferences, traveler and guest preferences, goods and services purchased, special requests made, and other preferences that require specific accommodation, and (ii) information about your Internet connection, the equipment you use to access our Website, and usage details about your activities while using our Website. Non-personal information also may include personal information that has been aggregated or de-identified such that it is rendered anonymous. For example, survey information that you volunteer may be de-personalized and/or aggregated such that it no longer personally identifies you, and would then be considered non-personal information. Non-personal information often is collected through the use of cookies and anonymous identifiers, pixel tags, beacons, scripts, and other similar technologies (“Other Technologies”). Non-personal information (including anonymized information and non-personal information that is automatically collected as you navigate through and use the Website) is not subject to this Privacy Policy, and we can use and share such information with third parties without restriction for any lawful purpose.

We collect information from and about you on or through the Website directly from you when you provide it to us (for example, via forms that you fill out on the Website, in emails and other communications and information that you submit via the Website, and when you make a reservation), and automatically as you access and navigate through the Website through the use of cookies and Other Technologies.

 

PERSONAL INFORMATION YOU PROVIDE TO US
The personal information we collect on or through the Website may include:

  • Information you provide by filling out forms on the Website. This includes, for example, information you provide when you make a reservation, purchase a gift card or make another purchase on the Website, sign up to receive emails, offers or other information, email us or our properties through the Website, submit a question or report a problem with our Website, or submit a Request for Proposal.

  • 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 Website.

  • Information you provide in response to surveys.

  • Details of transactions that you carry out through the Website and the fulfillment of your order.

 

AUTOMATICALLY COLLECTED INFORMATION
As you navigate through and interact with the Website, we and our service providers may use automatic data collection technologies, such as cookies and Other Technologies, to collect certain information, including:

  • Information about your visits to our Website, such as traffic data, logs, page requests, search terms, the referring page, the time, date and duration of your visits to our Website, clickstream data, other communication data, the links that you click, your search queries, and the resources and content that you access and use on the Website.

  • Information about your Internet connection and computer or other devices used to access the Website, including your IP address, operating system or platform, browser type, mobile identifiers (such as Apple IFDA and Android Advertising ID) and the name of your Internet Service Provider.

  • Information about traffic patterns, number of visits to certain pages, visits from other websites or to third-party websites linked to the

 

Website, and visitors’ use of particular services and interest in services, information or features of the Website.
The information collected automatically does not include personal information, but/ we may maintain it or associate it with personal information that you provide to us or that we collect in other ways or receive from affiliates or other third parties.

COOKIES AND OTHER TECHNOLOGIES
Like many other websites, our Website may use cookies and Other Technologies to help us and third parties:

  • obtain information about your visits to the Website;

  • process your reservations, purchases or requests; analyze your visiting patterns;

  • personalize your experience on the Website; facilitate social media functions;

  • engage in website analytics.

 

“Cookies” are small text files that are stored on your computer or device when you visit a website if your web browser or device settings permit. Some cookies are stored only temporarily during a browsing session and are deleted when you close your browser (session cookies). Other cookies are not deleted when you close your browser but are saved on your computer or device for a fixed period of time or until you delete them (persistent cookies). Each time you visit the Website the server that sets the cookie will recognize the persistent cookie stored on your computer or device. Various types of cookies may be used on our Website, including cookies that are necessary for the Website to work and enable you to navigate through and take advantage of our Website and their features.


HTTP request header information in order to make our Website function correctly and to personalize content presented to you, better understand how visitors use our Website, and how we can better meet your needs.

 

Cookies that determine your browser’s ability to receive HTML email messages to determine the appropriate format for you to receive and read an email.​

Analytics cookies collect information about your use of the Website and your interaction with our content and advertisements to help us better understand and improve the way that the Website work. These cookies provide us with aggregated information on metrics such as the most frequently visited pages on our Website, help us understand how our visitors reach the Website, show us how frequently various pages of our Website are visited and allows us to see overall patterns of the usage of our website.

Social Media cookies that show social media platforms whether users are logged in to those platforms. These cookies are set by social media platforms.

Many web browsers may be initially set to accept cookies. If you prefer, you can set your web browser to refuse cookies. You may also delete cookies manually from your hard drive through your internet browser or other programs. For more information on how to manage browser cookies, see www.allaboutcookies.org. Please keep in mind that although you may disable cookies in your browser and still access and use the Website, disabling cookies may prevent you from taking advantage of certain features on the Website. Please also note that disabling or clearing cookies may affect cookie-based opt-outs by either preventing you from using such opt-outs or clearing cookie-based opt-outs that you previously set, in which case you would have to revisit the applicable pages and renew your opt-out after clearing cookies. Managing cookies also will not disable non-cookie technologies present on the Website and Apps.

Other Technologies also may be used on the Website, allowing us and our third-party service providers to:

  • track customer response to our advertisements, Website content, and emails; determine our users’ ability to receive HTML-based emails and to know how many users open an email;

  • allow our service providers to compile aggregated statistics about our email;

  • enable us to provide offers and promotions that we believe may be of interest to you;

  • and enhance customer support and the usability of our Website.

 

ONLINE TRACKING “DO NOT TRACK” SIGNALS
Some web browsers may give you the ability to enable a “do not track” setting that sends a special signal to the websites you encounter while web browsing that you do not want to have your online activities tracked. These features are not yet uniform, and we do not respond to web browser “do not track” signals at this time. If we do so in the future, we will update this Privacy Policy to describe how we respond to such signals. As discussed below, we work with third-party vendors that use tracking technologies on our Website in order to provide tailored advertisements on our behalf and on behalf of other advertisers across the Internet. These companies may collect information about your activity on our Website and other websites over time, and use this information to determine which ads you see on third-party websites and mobile applications.

ANALYTICS
We engage service providers to provide us analytics data relating to the use of the Website. These service providers may use cookies and Other Technologies alone or in conjunction with anonymous identifiers to collect information about you when you use the Website or interact on other websites. For example, we use Google Analytics to measure and report how users interact with our Website for the purposes of understanding and optimizing web usage, measuring conversion tracking, measuring, and for other business and market research purposes. Google’s ability to use and share information collected by Google Analytics about your visits to the Website is restricted by Google’s Terms of Service and the Privacy Policy. You can prevent Google Analytics from recognizing you on return visits to the Website by disabling cookies on your browser, as described above. If you do not want your Website visit data reported by the Google Analytics JavaScript, you also can install the Google Analytics opt-out browser add-on. This add-on instructs the Google Analytics JavaScript to prohibit sending visit information to Google Analytics but does not prevent information from being sent to the Website itself or in other ways to other website analytics services. We do not combine the information collected through the use of Google Analytics with your personal information.

USE OF PERSONAL INFORMATION
We use personally identifiable information for the following purposes:

  • To present the Website and their contents to you;

  • To fulfill the reservations and transactions that you request from us, including facilitating your requests to plan and reserve vacation rental accommodations, and other services;

  • To plan special events;

  • To process and respond to your inquiries, comments, complaints, and requests for information (including information about reservations, accommodations, meetings, events, or other matters or opportunities);

  • For the purposes for which you provided the information;

  • To improve the content and navigability of the Website, or to administer or troubleshoot the Website;

  • To alert you to new Website features, special events, products, and services;

  • To send you important notices, such as communications about reservations and changes to our terms, conditions, and policies (because this information is important to your interaction with us, you may not opt-out of receiving these communications);

  • To conduct auditing, analytics, data analysis, monitor and analyze Website traffic and usage, and research to evaluate user needs;

  • To contact you about our own and third parties’ products, services, vacation rentals, opportunities, special events, and promotions that may be of interest to you;

  • To conduct customer satisfaction, market research, and quality assurance surveys;

  • To improve our services and properties and to develop new services, properties, and offerings;

  • To validate your identity or verify communications from you;

  • To send you confirmations, notices, updates, security alerts, support, and administrative messages and to otherwise facilitate your use of, and our administration and operation of, the Website;

  • To protect our rights and the security or integrity of our Website, properties, and business;

  • To prevent fraud and other prohibited or illegal activities, to investigate and resolve disputes, claims, and problems, and to otherwise comply with applicable laws and regulations;

  • To enforce our Terms of Service and our other agreements and contractual obligations;

  • In any other way we may describe when you provide the information; and

  • For any other purpose with your consent.

 

IP Addresses are automatically reported by your browser each time you view a page on the Website. We may use your IP address for various purposes, including to:

  • diagnose or service technology problems; determine your general (but not precise) geographic location;

  • provide aggregated data to advertisers about the volume of use on the Website; estimate the total number of users visiting the Website from specific geographical regions;

  • and to track conversions on the Website.


We reserve the right to combine personally identifiable information we collect on the Website with publicly available information or information otherwise obtained from third parties or affiliates.

HOW WE SHARE PERSONAL INFORMATION
We do not rent, sell, or disclose your personally identifiable information to non-affiliated companies except to provide products and services you have requested, when we have your permission, as permitted by applicable law, or as otherwise described in this Privacy Policy.

 

We may disclose your personally identifiable information:

  • To our affiliated companies.

  • To our vendors, service providers, contractors and agents that we use to support our business and properties, including those performing core services such as data processing and storage, marketing, promotion services (including email marketing and direct mail), hardware and website support, website hosting, email management, 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 our brand.

  • To a buyer or other successor in the event of 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, in which personal information held by us about users of our Website will be among the assets to be transferred, and any such successor may use your information for the same purposes set forth in the Privacy Policy.

  • To other third parties disclosed to you when you provide the information or with your consent.


In addition, we reserve the right to use IP addresses to identify you and we may provide any information about or relating to you, including any personally identifiable information about you collected under this Privacy Policy, to third parties without your consent if we reasonably believe that such action is necessary to:

  • Comply with a court order, search warrant, subpoena, or other legal processes;

  • 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, us, our affiliates, and all of their respective officers, directors, employees, attorneys, agents, contractors, property owners, licensors, and partners, in connection with any threatened or actual legal action, claim or dispute;

  • Respond to claims that any content on the Website violates the rights of third parties, including without limitation providing information necessary to satisfy the notice and counter-notice procedures pursuant to the Digital Millennium Copyright Act;

  • In an emergency, to protect the health and safety of our Website’s users or the general public; or

  • To enforce, apply or comply with our Terms of Service and other agreements.

THIRD-PARTY WEBSITES
Our Website may contain hyperlinks to third-party websites. By clicking on these links, you are visiting websites outside of our control. We are 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. We urge you to note when you leave our Website to read the privacy statements of third-party websites for information about their data collection practices before submitting any personally identifiable information to other websites. Third-party websites include social media sites (such as Facebook and Instagram) on which we or our properties may have accounts or fan pages where you may be able to post information and materials. If you have any questions about the privacy practices of other websites, you should contact the relevant parties controlling these websites for more information.

WIDGETS AND PLUG-INS
The Website may use widgets and plug-ins (such as the Facebook “like” button, the Twitter “Follow Us” feature, or similar mechanisms from Instagram, Pinterest, or other social media platforms), which are interactive mini-programs that run on our Website to provide specific services from another company. Such third-party features may collect information about you, like your IP address and the page(s) you visit on the Website, as well as personal information, such as your email address. They also may place cookies or other tracking mechanisms on your browser or device to enable the widget to function properly. Your interactions with these features are governed by the privacy policies of the third parties that created them. We encourage you to review the privacy policies of the applicable third party before using them.

MINORS
Our Website is not directed to or intended to be used by individuals under the age of 18.

PROTECTING YOUR INFORMATION
We take reasonable steps to protect personally identifiable information that we store from accidental loss or from unauthorized access, disclosure, alteration or destruction. For example, our servers are protected by reasonable physical and electronic security measures. Despite these efforts, please be advised that no electronic storage, security system or means of transmitting data over the Internet can be guaranteed to be entirely secure, including without limitation with respect to computer viruses, malicious software, and hacker attacks, and there is some risk that an unauthorized third party may find a way to circumvent our security systems or that transmission of your information over the Internet will be intercepted. We cannot and do not guarantee or warrant the security of your personal information. Unless otherwise expressly stated, email transmissions sent through the Website are not secure. Therefore, for your own privacy protection, we recommend that you do not include any confidential or sensitive personal information such as passwords, credit card details, or bank account information, in any emails that you send to us.​

YOUR CHOICES
You can 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 kim@vacationrentalsmanzanita.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.

 

CHANGES TO THIS PRIVACY POLICY
We may change or update this Privacy Policy in the future. 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 this page of the Website following such update. Any changes to this Privacy Policy will take effect upon posting to the Website. Use of the Website 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 kim@vacationrentalsmanzanita.com

TERMS OF USE

 

By posting my memory using the #thehousesonmanzanitabeach, or #historicreedhouse hashtag(s) or using the "The Houses on Manzanita Beach" geotag, I hereby agree to the following Terms of Use.

 

USE OF NAME, HANDLE, TEXT, PHOTO, AND LIKENESS

I hereby grant to The Houses on Manzanita Beach, its parents, subsidiaries and affiliated companies, and their respective successors and assigns (collectively, the "Permitted Parties") the right and permission to use my name and/or handle, image, and likeness, and the text and photograph I'm posting to a social media platform such as but not limited to Twitter, Facebook, and Instagram by using using the #thehousesonmanzanitabeach, or #historicreedhouse hashtag(s) or using the "The Houses on Manzanita Beach" geotag or including photos or videos of The Houses on Manzanita Beach properties (collectively, the "Content") on the vacationrentalsmanzanita.com website, Facebook, Instagram, Twitter, and other social media platforms operated by The Houses on Manzanita Beach (the "Website"). I agree that the Content may be distributed, published, exhibited, digitized, displayed, reproduced, and otherwise used, on the Website, anywhere in the world, at any time, for purposes of advertising or trade in promoting and publicizing the Permitted Parties. I agree that I shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based upon invasion of privacy, defamation, right of publicity, or copyright infringement) arising out of any use (in accordance with the terms hereof), blurring, alteration, editing, distortion, faulty reproduction, or use in any composite form of the Content and I irrevocably waive any and all so-called moral rights I may have in the Content.

 

COMPLIANCE WITH TERMS FOR THIRD PARTY PLATFORMS

I acknowledge and agree that in order to post Content on the Website, I will be in compliance with the terms and conditions of such Website.

 

TAKEDOWN

If I want my Content removed from the Website, I will send a message to the following: kim@vacationrentalsmanzanita.com

 

REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION

I represent and warrant as follows:

  • I have the right to post the Content;

  • neither the Content nor the use of the Content by the Permitted Parties will infringe upon or violate the intellectual property rights or other rights, including, without limitation, any right of publicity and/or copyright, of any other person or entity or any applicable laws;

  • the Content does not contain any content that is inappropriate, indecent, obscene, hateful, tortuous, defamatory, defamatory, slanderous, or libelous or otherwise depicts inappropriate behavior; and

  • the Content does not contain any advertising or other commercial content.

 

I hereby agree to indemnify and hold the Permitted Parties harmless from and against any and all third-party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs, and expenses relating to or arising out of any breach or alleged breach of any of my warranties, representations or agreements hereunder. 

 

NO OBLIGATION TO USE

I understand and agree:

  • that Permitted Parties shall have no obligation to use the Content (or any part thereof) in any way; and

  • that Permitted Parties may remove the Content (or any part thereof) from the Website at any time for any reason in Permitted Parties' sole discretion.

 

I further understand and agree that Permitted Parties will not use any Content or other materials it finds inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous, or that Permitted Parties believe may violate or infringe another's rights, including, without limitation, privacy, publicity or intellectual property rights. 

 

IMPORTANT. PLEASE READ GENERAL RELEASE AND LIMITATIONS ON LIABILITY

I hereby agree that:

  • any and all disputes, claims, and causes of action arising out of or connected with the Content or these Terms shall be resolved individually, without resort to any form of class action;

  • any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with submitting the Content, but in no event will attorneys' fees be awarded or recoverable; and

  • under no circumstances will I be permitted to obtain any award for, and I hereby knowingly and expressly waive all rights to seek, punitive, incidental or consequential damages and/or any other damages (other than actual out of pocket expenses), and/or any and all rights to have damages multiplied or otherwise increased.

 

I acknowledge and agree that neither the Permitted Parties nor any of their officers, directors, employees are responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with the Content (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses, or damages related to or based on my rights of publicity or privacy, or a claim that I have been defamed or portrayed in a false light). The Permitted Parties assume no responsibility for any damage to my computer system which is occasioned by accessing any Permitted Party’s website, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information.

 

GOVERNING LAW

I agree that any and all disputes that I may have with, or claims I may have relating to, arising out of or connected in any way with the Content (or any part thereof), these Terms shall be governed by the laws of the State of Oregon applicable to contracts executed and to be performed entirely in the State of Oregon. 

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