Privacy Policy

Last Updated: March 24, 2023

Please click here for a printable PDF version of this Privacy Policy.

This Virgin Hotels Privacy Policy (“Privacy Policy”) describes the privacy practices that Virgin Hotels North America, LLC (“Virgin Hotels” or “us” or “we”) follows. It sets out how we collect and use information about guests, visitors and any other individual or entity (“you”), why we use it, when we share it, the rights to which you may be entitled, your choices about our use of your information, and what we do to protect it.

This Privacy Policy covers our use of personal information when you use our website (www.virginhotels.com), Virgin Hotels mobile applications, our WiFi network, various systems at our properties and restaurants, in-room systems, and any other channel or mobile feature that we operate, make a booking with us, join our mailing list or are otherwise in contact with us (collectively, the “Site”) and when you visit/stay as a guest at one of our properties, purchase related services and interact with us offline (collectively, the “Services”). This Privacy Policy will apply whether you have provided the information directly to us or we have obtained it from a different source, such as a third party including strategic business partners.

We ask that you please read this Privacy Policy. If you have any questions about this Privacy Policy you can contact us at [email protected] or by calling 1-833-217-8626.

Sections of this Privacy Policy only apply to the collection, use and disclosure of personal information that is subject to data privacy laws applicable in the European Union (“EU”) and European Economic Area (“EEA”) (including, in particular, the General Data Protection Regulation (“GDPR“)) and/or applicable in the United Kingdom (such laws collectively referred to in this Privacy Policy as “European data protection laws”). Where this is the case the relevant individuals whose personal information are subject to European data protection laws are referred to in this Privacy Policy as “Europeans”. Virgin Hotels North America, LLC is the data controller of personal information of our European guests and visitors accessing the Services.

European, California, Colorado, Connecticut, Montana, Nevada, Oregon,k Texas, Utah and Virginia residents should also review the Jurisdiction-Specific Notices section at the end of this Privacy Policy.

Capitalized terms used but not defined in this Privacy Policy have the definitions provided in our Terms & Condition (located at https://virginhotels.com/terms-and-conditions/). Provisions within the Terms & Conditions may affect this Privacy Policy with respect to your use of the Site, so please review the Terms & Conditions prior to using the Site.

Table of Contents:

1. COLLECTION OF PERSONAL INFORMATION

2. EXTERNAL LINKS

3. HOW WE USE YOUR INFORMATION

4. OUR INFORMATION SHARING PRACTICES

5. PRIVACY RIGHTS

6. ACCESSING AND UPDATING YOUR PERSONAL INFORMATION

7. SAFETY AND INFORMATION SECURITY MEASURES

8. MARKETING CHOICES

9. INTERNATIONAL DATA TRANSFERS

10. MINOR CHILDREN

11. CHANGES TO THIS PRIVACY POLICY

12. PRIVACY QUESTIONS AND CONTACT INFORMATION

13. Jurisdiction-Specific Notices

1. Collection of Personal Information

We collect data about you to provide the services you request on the Site and the Services offered to you as a guest or visitor at Virgin Hotels locations, ease your navigation on the Site, communicate with you, and improve your experience using the Site and Services. Some of this information is provided by you directly to us, such as when you create an account. Some of the information is collected through your interactions with the Site or third party booking engines, websites, and property management services. We collect such data using technologies like cookies and other tracking technologies, error reports, and usage data collected when you interact with our Site. Some more information about the use of cookies and other similar technologies can be found in our Cookie Policy. Some of the information is collected from your use of, and interactions with, us and others on social media including, but not limited to, Facebook®, Instagram®, Twitter®, Linked®, and YouTube® (collectively “Social Media”).

The data about you we collect depends on the Site and Services and features thereof that you use and the other services from Virgin Hotels that you use, and includes the following:

1.1 Personal Information We Collect From You.

In general, we collect Personal Information, as defined below, that you submit to us in the process of creating or editing your account and profile on the Site or that you submit to us voluntarily through your use of the Site or when you visit/stay as a guest at one of our properties, purchase related services and interact with us offline. Information that identifies, relates to, describes, is capable of being associated with, or could be linked, directly or indirectly, with a particular consumer or household is “Personal Information.”

In some instances, you may provide to us Sensitive Personal Information or Special Categories of Personal Information as defined by the privacy laws in some countries (together “Sensitive Personal Information”). The specific categories may vary between countries but for Europeans this means personal information from which we can determine or infer an individual’s racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health information including physical or mental health condition, medical treatment, genetic data, biometric information, and information about an individual’s sexual life or sexual orientation. We only process Sensitive Personal Information to the extent permitted by applicable law. Generally you are not required to provide Virgin Hotels with any of your Sensitive Personal Information, and, unless required by law or for the purposes of health and safety, choosing not to do so will not prevent you from purchasing any Services from Virgin Hotels. We do not generally collect Sensitive Personal Information unless it is volunteered by you. For example, we may use health information provided by you to serve you better and meet your particular needs, such as for the provision of disability access.

Personal Information does not include information that has been de-identified or otherwise made anonymous or information that has been aggregated such that it is no longer possible to identify any specific individual.

The Personal Information which we collect includes, but is not limited to, the following circumstances and data elements:

• If you express an interest in obtaining additional information about our Services, request customer support, use the “Contact Us” or similar features on our Site, register to use our Sites or Services, or download certain content, we may require that you provide to us your contact information, such as your name, organization, phone number, or email address, and in some instances, you may elect to provide us with location and address information;

• If you report a problem or have a question about our Services, you may provide us with contact information, such as a phone number or email address;

• If you decide to stay at one our hotels, we may collect:

• Travel-related information, such as your frequent flyer number, hotel loyalty, honors or rewards numbers, The Know program membership number, account information from third party operators within our branded hotels, preferred airlines, rental car providers, and travel history;

• Your demographic information, such as your date of birth, gender, number of children;

• Your financial and billing information, such as billing name and address, business title, work contact address, credit card number or debit card number;

• Information about your travel preferences or relating to your reservation, such as the properties you have visited, your arrival and departure dates and any special requests you may make, your guest preferences (including those relating to amenities, facilities, housekeeping and room preference), vehicles you may bring to the properties, on-property services that you may request (including concierge services, health clubs, spa services, activities, child care services, equipment rental, and restaurant or room delivery services);

• Information collected through the use of a close circuit television system, internet systems, smart or mobile device, card key and other security and technology systems;

• If you enroll and participate in our guest loyalty program, including The Know Loyalty Program or other hotel brand guest loyalty program, we may collect contact information, such as name, email address, mailing address, zip code, and phone number;

• If you or your organization plans an event or meeting at one our facilities, we may collect Personal Information related to the event or meeting such as the guest list and information about the guests at your event;

• If you use and interact with our Sites or emails, we automatically collect information about your device and your usage of our websites or emails through cookies, web beacons or similar technologies, such as Internet Protocol (IP) addresses or other identifiers, which may qualify as Personal Information under applicable law;

• If you voluntarily submit certain information to our Services, such as filling out a survey about your guest experience or entering a contest or promotion, we collect the information you have provided as part of that request.

We may obtain Personal Information about you from business partners, contractors, suppliers, and other third parties and add it to your account information or other information we have collected. We, and the third parties we engage, may combine information we collect from you over time, and across the Site, with information obtained from other sources. This helps us improve the information’s overall accuracy and completeness, and also helps us better tailor our interactions with you.

1.2 Automatically Collected Usage and Device Information.

Similar to other websites, we use cookies and other similar technologies (such as tags, pixels, web beacons, web bugs, JavaScript, device IDs) to automatically collect certain technical information from your web browser, mobile, or other device when you visit our Site. This data may include, but is not limited to, your IP address, browser type and language, referring/exit pages and URLs, other browser history, platform type, number of clicks, landing pages, the pages you requested and viewed, the amount of time spent on particular pages, and the date and time of your visits. Our collection of this data, described in more detail below and in our Cookie Policy, allows us to provide more personalized high-quality services to you and to track usage of the Site.

Some web browsers incorporate a “Do Not Track” (“DNT”) or similar feature that signals to websites that a user does not want to have the user’s online activity and behavior tracked. If a website that responds to a particular DNT signal receives the DNT signal, the browser can block that website from collecting certain information about that browser’s user. Not all browsers offer a DNT option and DNT signals are not yet uniform. For this reason, many website operations, including the Site, do not respond to DNT signals. However, where required by applicable law, we will recognize and honor opt-out preference signals (or global privacy controls).

A. Cookies.

We use cookies, among other things, to process the Personal Information mentioned above. Cookies are files that are stored on your computer’s hard drive and are accessed by our server when you visit the Site. We use cookies for the purposes set forth in this Privacy Policy and for the preservation of our legitimate interests, to provide a service that is requested by you and, where applicable, on the basis of your consent. For more information about our use of cookies, including details on how to opt-out of certain cookies, please see our Cookie Policy.

Most web browsers are initially set up to accept cookies, but you can reset your browser to refuse cookies or to indicate when a cookie is being sent. However, some features and services in the Site (particularly those that require sign-in) may not function properly if your cookies are disabled. Similarly, if you choose to delete session objects from the Site, you may not be able to access and use all or part of the Site or benefit from some or all of the information or features and services offered. For more information on how we use cookies, please see our Cookie Policy.

B. Other technologies (aka tags/pixels/web beacons/web bugs/java script).

These technologies may be used for the same purposes as cookies and stored on your hard drive until they expire. These technologies are used to enhance your experience and gather usage and performance data. For example, we may use pixels to automatically record certain technical information about your interactions when you visit the Site or otherwise engage with us, to help deliver cookies on our Site, or count users who have visited the Site. We may also include web beacons in our promotional e-mail messages or newsletters to determine whether you open or act on them for statistical purposes. “Pixels” are tiny graphics (about the size of a period at the end of a sentence) with unique identifiers used to track certain online actions, movements and related information of Site users. Unlike cookies, which are stored on a user’s computer hard drive, pixels are embedded invisibly on web pages or in HTML-based emails. The data we receive through pixels allows us to effectively promote the Site to various populations of users, and to optimize external advertisements about the Site that appear on third-party websites. For more information, please see our Cookie Policy. As with cookies, we use these technologies for the preservation of our legitimate interests, to provide a service that is requested by you and, where applicable, on the basis of your consent.

C. Third Party Analytics Providers.

Cookies and other technologies we use include Google Analytics and other third party analytics providers (“Analytics Providers”). We use these to collect information about Site usage and the users of the Site. Analytics Providers use Cookies in order to collect demographic and interest-level information and usage information from users that visit the Site, including information about the pages where users enter and exit the Site and what pages users view on the Site, time spent, browser, operating system, and IP address. Cookies allow Analytics Providers to recognize a user when a user visits the Site and when the user visits other websites. Analytics Providers use the information they collect from the Site and other websites to share with us and other website operators’ information about users including age range, gender, geographic regions, general interests, and details about devices used to visit the Site and other websites and purchase items. For more information regarding Google’s use of cookies, and collection and use of information, see the Google Privacy Policy (available at https://policies.google.com/privacy?hl=en). If you would like to opt out of Google Analytics tracking, please visit the Google Analytics Opt-out Browser Add-on (available at https://tools.google.com/dlpage/gaoptout). For more information about the use of third party Cookies and other similar technologies can be found in our Cookie Policy.

1.3 Location Information.

We collect precise geolocation data from you or your device, as well as your address information, e.g., billing address, when you set up your account and order our services. We also collect and use information about your general location (e.g., your state of residence) and can infer your approximate location based on your IP address in order to track our general Site usage or to tailor any pertinent aspects of your user experience to the region where you are located.

If you grant us access to your location in our mobile application, Lucy, we may collect information about your location. Your location can be determined by: GPS, IP address, and information about things near your device, such as Wi-Fi access points and cell towers. When you use our Services via a wireless device, we may solicit your permission to collect your location data. Some features within our Sites may only function upon confirmation of your location, and therefore such features will not be available if you choose not to provide your location data to us. The specificity of the location data collected may depend on a number of factors, including the device you are using (e.g. laptop, smartphone or tablet) and how you are connected to the Internet (e.g., via cable broadband connection, WiFi). If you enable location services for our mobile application or other Sites, we may collect location data periodically as you use or leave open our mobile application. We may associate such location data with Personal Information you provide to us. Depending on the platform you use to access our mobile application and other Sites (e.g., Apple’s iOS, Google’s Android), you may be able to control whether location data is collected from within “Settings” or other controls on your wireless device or the mobile application.

1.4 User Contribution Information.

You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Site or transmitted to other users of the Site or third parties, including, for example, third party websites and services like Social Media that are integrated into or linked to the Site (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. We cannot control the actions of other users of the Site or third parties with whom you may choose to share your User Contributions. Such third parties may have their own policies and terms that apply to your User Contributions, and we are not responsible for any third party’s policies or terms. We cannot and do not guarantee that unauthorized persons will not view your User Contributions.

1.5 Information Collected Through Social Media.

If you interact with us or our other users regarding Virgin Hotels and its products and services on any Social Media: (a) the Personal Information that you submit by and through such Social Media can be read, collected and/or used by us (depending on your Social Media privacy settings) as described in this Privacy Policy, and (b) where Virgin Hotels responds to any interaction with you on Social Media, your account name/handle may be viewable by any and all members or users of Virgin Hotels’ Social Media accounts. We are not responsible for the Personal Information that you choose to submit or link on any Social Media. Social Media operates independently from Virgin Hotels, and we are not responsible for Social Media interfaces or privacy or security practices. We encourage you to review the privacy policies and settings of any Social Media with which you interact to help you understand their privacy practices. If you have questions about the security and privacy settings of any Social Media that you use, please refer to the applicable privacy notices or policies.

1.6 Advertising Information.

We use third party service providers to serve advertisements or collect data on our behalf across the internet and on this Site (“Advertisers”). Some of these Advertisers may collect your Personal Information about your Site visits and your interactions with our products and services to tailor marketing messages on other sites, or to trigger real-time interactions, customize the Site, or enhance your profile (also referred to as “online behavioral advertising” or “interest-based advertising”). If you would like more information about Advertisers’ practices, please see http://optout.aboutads.info/#!/. You may find more information about entities involved in online advertising and additional choices you may make, including opt-out of having your information used for internet-based advertising, through the Digital Advertising Alliance (the “DAA”) at the DAA consumer choice service. The tools provided at the DAA opt-out page are provided by third parties, not Virgin Hotels. Virgin Hotels does not control or operate these tools or the choices that advertisers and others provide through these tools. For more details on this technology and for details of how you may be able to opt-out of the use of your information for this purpose see our Cookie Policy.

2. EXTERNAL LINKS

The Site contains links to third party websites and services, including links to Social Media. We are not responsible for any of the content or features or functionality of other linked websites or services. We are also not responsible for the privacy practices and the terms and conditions of use for any external websites or services. The linked websites and services may collect Personal Information from you that is not subject to our control. The data collection practices of linked third party websites and services will be governed by that third party’s privacy policy and terms of use.

3. HOW WE USE YOUR INFORMATION

3.1 General.

We may use or disclose the Personal Information identified above for one or more of the following business and commercial purposes, and for the purposes described above in the “Collection of Personal Information” section:

• To fulfill or meet the reason you provided the information (e.g., to help provide lodging and services to you). For example, we need your contact details to make the booking and payment card details in order to take payment from you.

• To create, maintain, customize and secure your account with us.

• To process your information for marketing and promotions, including to check your eligibility for competitions and to contact you in the event that you win, and to administer The Know Loyalty Program.

• To personalize your experience and to deliver content and product and service offerings, products, and services relevant to your interests, including offers and advertisements through third-party sites, and via email (with your consent, where required by law).

• To help maintain the safety, security, and integrity of our Site, services, databases, other technology assets, and business.

• For testing, research, analysis, and product development, including to develop and improve our Site and services.

• To personalize and develop our Site and the services we provide to you, and improve our offerings.

• To provide certain features or functionalities on the Site.

• To provide you with support, to communicate with you and respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses (including on Social Media).To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.

• To prevent illegal activity, fraud, and abuse.

• For the defense or establishment of legal claims. We will not delete your Personal Information if it is relevant to an investigation or a dispute. It will continue to be stored until those investigations or disputes are resolved.

• When we need to for our legitimate interests to generally administer our operations and business in an efficient and effective way, to improve and develop our services and to research and analyze the services our customers want.

• To evaluate or conduct a merger, divestiture, restructuring, reorganization, 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 our users is among the assets transferred or liquidated.

• Or as otherwise described to you when collecting your Personal Information or as otherwise set forth in the CCPA.

3.2 Account-Related Emails.

When you create an account with us and provide us with your email we may, subject to applicable law and, where necessary, obtaining your consent, use your email address to send you service-related notices (including any notices required by law, in lieu of communication by postal mail), updates, news, and marketing messages. For example, when you register, you will receive a welcome email. If the Site or our services are temporarily unavailable, we may also send you an email.

Email communications you receive from us will generally provide an unsubscribe link or instructions allowing you to opt out of receiving future emails or to change your contact preferences. If you have an account with us, you can also change your contact preferences by updating your contact information within your account settings. Please remember that even if you opt out of receiving marketing e-mails, we may still send you important service information related to your account and the Site. If you correspond with us by email, we may retain the content of your email messages, your email address, and our responses.

3.3 Non-Personally Identifiable Information.

We may use non-personally identifiable information, such as anonymized and/or aggregated website usage data, in any manner that does not identify individual users for the purpose of improving the operation and management of the Site, including to develop new features, functionality, and services, to conduct internal research, to better understand Site usage patterns. Any non-personally identifiable information that is combined with Personal Information will be treated by us as Personal Information.

4. OUR INFORMATION SHARING PRACTICES

When we disclose Personal Information for a business or commercial purpose, we aim to ensure we have an appropriate legal basis for such disclosure and, where necessary under applicable law, enter into a contract that describes the purpose and requires the recipient to keep that Personal Information confidential and use only for performance of the contract, and not for any other purpose. We share or make your information available, including any Personal Information, in the circumstances described below.

We disclose your Personal Information for a business or commercial purpose to the following categories of third parties:

• Social Media networks.

• Analytics Providers.

• Property owners and management companies of our hotels who may use your personal information to fulfil your requests and communicate with you about services or resources that we offer.

• Payment Processors or other providers of payments services.

• IT Suppliers, including cloud hosting providers, email providers, and WiFi providers.

• Affiliated persons or third-party service providers assisting us in the operation, management, improvement, research and analysis of the Site and Services, such as booking engines, property management, point-of-sale, reservations and payroll systems.

• Affiliated persons or our third party service providers may augment, extend, and combine non-personally identifiable information with data from additional third party sources in order to assist us with the above. Use of information by affiliated persons and third party service providers will be subject to this Privacy Policy or an agreement that is at least as restrictive as this Privacy Policy.

4.1 Legal Requirements.

We reserve the right to disclose all information collected via the Site, internally, to affiliates, or to third parties, for any lawful purpose or to prevent harm to us or others. For example, and without limitation, in our discretion, we may disclose information to government regulators, law enforcement authorities or alleged victims of identity theft. We will notify you in the event of a government or legal request for your information unless otherwise prohibited by law.

4.2 Organizational Transitions.

If we should ever transfer or restructure the operational ownership of the Site, such as through a merger with another entity or a reorganization of all or a part of our operational responsibilities or assets, we may disclose, transfer, assign our rights, and/or delegate our duties to your information without notice and consent, including to prospective or actual recipient or acquiring entities. Should this occur, we will require any third party receiving your Personal Information as described under this subsection to be contractually required to provide the same level of privacy compliance as provided by us under this Privacy Policy.

5. PRIVACY RIGHTS

Certain jurisdictions have specific legal requirements and grant privacy rights with respect to Personal Information, and we will comply with restrictions and any requests you submit as required by applicable law. For example, you may have the right to: (1) obtain a copy of Personal Information we maintain about you in a portable format; (2) correct inaccuracies or incompletion in your Personal Information; (3) object to the continued processing or use of your Personal Information; (4) complain to a supervisory authority; (5) or request that Personal Information be blocked, anonymized or deleted. In addition, if you believe that the Personal Information we maintain about you is inaccurate, subject to applicable law, you may have the right to request that we correct or amend the information. You may also have the right to not be discriminated against for exercising your privacy rights. If you are a European, California, Colorado, Connecticut, Nevada, or Virginia resident, see our Jurisdiction-Specific Notices section below for additional information as to how to exercise rights under the laws of those jurisdictions. If you are located outside that jurisdiction and seek to exercise your rights under the law of another jurisdiction, please contact us by emailing [email protected].

Whenever you choose to be a guest or visitor at one of our managed properties, we aim to provide you with choices about how we use your Personal Information. Subject to applicable law, you may obtain a copy of Personal Information we maintain about you. In addition, if you believe that Personal Information we maintain about you is inaccurate, subject to applicable law, you may have the right to request that we correct or amend the information by contacting us as indicated in the Jurisdiction-Specific Notices section below. To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to the information.

You can choose not to provide Personal Information. If you choose not to provide certain Personal Information to us, some of your experiences may be affected (e.g., we cannot take a reservation without your name and contact information).

The rights that you may enforce as described in this section may vary depending on the jurisdiction in which you reside. Please review the Jurisdiction-Specific Notices section below for more information on the rights you may have and how to exercise the rights. Please note, certain information contained in our “California Residents” section below applies to visitors, users, and members identified as consumers under the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act (collectively, the “CCPA”) (the “CCPA Privacy Notice”). We adopt this CCPA Privacy Notice to make you aware of our obligations and your rights under the CCPA.

You may submit a request to exercise your rights to know, access, or delete your Personal Information by contacting us as described in the Jurisdiction-Specific Notices section.

To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to the information. We may need to request specific information from you to help us confirm your identity. This is a security measure to ensure that Personal Information is not disclosed to any person who has no right to receive it. When you make a request, we may also contact you to ask you for further information in relation to your request to speed up our response and require you to follow procedures so that we can verify your identity (and the applicable jurisdiction). The verification steps we take may differ depending on your jurisdiction and the request. Where possible, we will attempt to match the information that you provide in your request to information we already have on file to verify your identity. If we are able to verify your request, we will process it. If we cannot verify your request, we may ask you for additional information to help us do so.

We will respond to your request within the time period required by applicable law. However, we may not always be able or required to comply with your request, in whole or in part, and we will notify you in that event.

To opt-out of “selling” or “sharing” personal information (as defined by applicable law) in connection with cookies and similar technologies, please use the “Do Not Sell or Share My Personal Information” link on our Site homepage.

6. ACCESSING AND UPDATING YOUR PERSONAL INFORMATION

For assistance with accessing or updating your Personal Information, contact us at [email protected], by calling 1-833-217-8626, or by completing this form. We will respond to your request as soon as reasonably possible after verifying your authority to make such requests. Your requests for Personal Information deletion are subject to the “Privacy Rights” section above and we will delete your Personal Information within a reasonable time and where required by applicable law.

7. SAFETY AND INFORMATION SECURITY MEASURES

7.1 Security.

We use certain physical, managerial, and technical safeguards designed to preserve the security of your information that we maintain in connection with your use of the Site. For example, we encrypt all data with secure sockets layer (SSL) or similar technologies when we transmit your data. This, however, does not guarantee that your information may not be accessed, disclosed, altered, or destroyed by any breach of our physical, technical or managerial safeguards.

We cannot ensure that all of your Personal Information will be disclosed only in the ways described in this Privacy Policy. For example, third parties may unlawfully intercept or access transmissions or private communications, or users may abuse or misuse your Personal Information that they collect from the Site. Even with the most rigorous information security standards, no transmission of data over the internet can be 100% secure.

7.2 Data Retention.

We retain Personal Information about you for the length of time necessary to fulfill the purpose for which that information was collected or as required or permitted by law. When we delete your Personal Information, we follow a deletion process to safely remove it from our services or retained only in anonymized form. European Union and United Kingdom guests can read more about our data retention practices in the Jurisdiction-Specific Notices section below.

8. MARKETING CHOICES

By providing an email address on a Site, you agree that we may contact you in the event of a change in this Privacy Policy, to provide you with any service related notices, or to provide you with information about our hotels, services and loyalty services (including The Know loyalty program, the Virgin Red loyalty program and Virgin Points). We also currently provide the following marketing opt-out opportunities:

• At any time, you can follow a link provided in offers, newsletters or other email messages (except for e-commerce confirmation or service notice emails) received from us to unsubscribe from such communications and services.

• At any time, you can contact us through [email protected] or the address or telephone number provided in the “Privacy Questions and Contact Information” section below, to unsubscribe from communications and service and opt-out of our right per your consent under the terms of this Privacy Policy to share your Personal Information.

Notwithstanding anything else in this Privacy Policy, please note that we always reserve the right to contact you in the event of a change in this Privacy Policy, or to provide you with any service related notices. You have the right to be free from discrimination based on your exercise of any of your rights under applicable law. We will not discriminate against you by providing a different level or quality of services, charging different prices, or imposing penalties.

9. INTERNATIONAL DATA TRANSFERS

Please be aware that we are headquartered in the United States. The Site is governed by United States law. If you are using any of our products or services from outside of the United States, your information may be transferred to, stored, and processed in the United States where our servers may be located. The United States might not offer the same level of privacy protection as the country where you reside or are a citizen.

Your Personal Information will only be transferred to the United States or other jurisdiction outside the EEA, EU, or UK if there is a safeguard in place to ensure an appropriate level of data protection for your Personal Information.

10. MINOR CHILDREN

Our website is not intended for children under 18 years of age. We do not intentionally gather Personal Information about individuals who are under the age of 18. If a child has provided us with Personal Information, a parent or guardian of that child may contact us to have the information deleted from our records. If you believe that we might have any information from a child under age 18, please contact us at [email protected].

11. CHANGES TO THIS PRIVACY POLICY

Because our privacy practices and privacy law necessarily evolve over time, we reserve the right to revise this Privacy Policy from time to time in our sole discretion. If we materially revise this Privacy Policy, we will provide notice to you, such as by posting updated Privacy Policy on the Site, sending you an email to your account email, or by any other reasonable means. You should periodically review this Privacy Policy to ensure that you are familiar with the most current version. Your continued use of the Site after the date last updated as posted above will constitute your acceptance of the updated Privacy Policy.

12. PRIVACY QUESTIONS AND CONTACT INFORMATION.

If you have any questions or comments about this Privacy Policy, the ways in which we collect and use your information described in this Privacy Policy, please do not hesitate to contact us at:

E-mail: [email protected]

Mailing Address: Virgin Hotels, 3390 Mary Street, Suite 218, Miami, FL 33133, U.S.A.

13. JURISDICTION-SPECIFIC NOTICES

 

13.1 U.S. Residents in California, Colorado, Connecticut, Montana, Nevada, Oregon, Texas, Utah and Virginia.

If you are a resident of California, Colorado, Connecticut, Montana, Nevada, Oregon, Texas, Utah, or Virginia, please click here for additional information that may be applicable to you.

13.2 European Residents.

Our Legal Basis for Collecting Personal Information.

Whenever we collect Personal Information from you or otherwise process Personal Information about you, we do so on the following legal bases:

1. Your consent to such collection and use (for example, in some jurisdictions, we may need your consent in order to process your Personal Information for direct marketing activities, when using technology such as cookies or when processing your dietary requirements);

2. Out of necessity for the performance of an agreement between us and you, such as your agreement to use our Services or your request for Services;

3. Our legitimate interest, including but not limited to the following circumstances where collecting or using Personal Information is necessary for:

• Intra-organization transfers for administrative and other legitimate business purposes;

• Product development and enhancement, where the processing enables Virgin Hotels to enhance, modify, personalize, or otherwise improve our Services and communications for the benefit of our visitors and guests, and to better understand how people interact with our Sites;

• Fraud detection and prevention;

• Defence or establishment of legal claims;

• Enhancement of our, our employees and third parties’ (such as guests) security (including cybersecurity, including improving the security of our network and information systems);

• General business operations and diligence (for example, to develop and maintain relationships with vendors, partners and other organizations and dealing with individuals who work for them); and

• Providing our products and services to you,

provided that, in each circumstance, we will weigh the necessity of our processing for the purpose against your privacy and confidentiality interests, including taking into account your reasonable expectations, the impact of processing, and any safeguards which are or could be put in place. In all circumstances, we will limit such processing for our legitimate business interest to what is necessary for its purposes.

1. Out of necessity to comply with a legal obligation: for example, we may need to disclose your data to a law enforcement agency;

2. Out of necessity to protect your or other individuals’ vital interests: in exceptional circumstances (for example, health related emergencies), we may need to disclose your information to third parties (for example, healthcare providers).

Where we are using your Sensitive Personal Information, we will only do so if required by law, for the purposes of health and safety, or on the basis of your explicit consent (where such consent is required under applicable laws).

Rights of European Residents.

Europeans and those persons who reside in the EEA and UK have rights under European and UK data protection laws. These rights are summarized below. These rights are not applicable in all circumstances and exemptions may apply.

These rights include the following:

• Access – You are entitled to ask us if we are processing your information and, if we are, you can 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 we are lawfully processing it.

• Correction – You are entitled to request that any incomplete or inaccurate Personal Information we hold about you is corrected.

• Erasure – You are entitled to ask us to delete or remove Personal Information in certain circumstances. There are also certain exceptions where we may refuse a request for erasure, for example, where the Personal Information is required for compliance with law or in connection with legal claims.

• Restriction – You are entitled to ask us to suspend the processing of certain of your Personal Information if, for example, you want us to establish its accuracy or the reason for processing it.

• Transfer – You may request the transfer of certain of your Personal Information to another party in some circumstances. To help with that you have a right to ask that we provide your information in an easily readable format to another company.

• Objections – Where we are processing your Personal Information based on a legitimate interest (or those of a third party) you may object to processing on this ground. However, we may be entitled to continue processing your information in certain circumstances. Where your Personal Information is processed in order to send you direct marketing, you are entitled to object to this at any time.

• Withdraw Consent – Where you have provided your consent to the collection and processing of your Personal Information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time.

• Right to lodge a complaint with a data protection supervisory authority at any time – You may also have the right to make a GDPR complaint to the relevant Supervisory Authority. A list of Supervisory Authorities is available here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

Exercising Your Rights as a European Resident.

To exercise your rights described above, please submit a verifiable request to us by sending us an e-mail at [email protected] or by completing and submitting a web form located here.

We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. Making a verifiable request does not require you to create an account with us. We will only use Personal Information provided in a verifiable request to verify the requestor’s identity or authority to make the request.

If you request to exercise your rights under European data protection laws, we will respond to your request within one month of its receipt (or within three months of its receipt at the latest, if we require more time and such extension is permitted European data protection laws).

We may require more time in particular where we have received a large number of requests or complex requests. In such cases, we will inform you of the reason and extension period in writing.

We will deliver our written response electronically (unless you request otherwise). Your rights will be exercisable subject to limitations as provided for by European data protection laws. The response we provide will also explain the reasons we cannot comply with a request, if applicable.

We do not charge a fee to process or respond to your verifiable request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a reasonable cost estimate before completing your request.

Data Retention.

We retain your Personal Information for as long as necessary for the purpose for which they were initially collected, to carry out legitimate business interests, as well as on the basis of applicable legal requirements (such as applicable statutes of limitation). After expiry of the applicable retention periods, your Personal Information will be deleted. If there is any data that we are unable, for technical reasons, to delete entirely from our systems, we will put in place appropriate measures to prevent any further use of such data.

The criteria we use to determine the retention period is as follows:

• when your most recent stay at one of our hotels occurred;

• whether there are contractual or legal obligations that exist that require us to retain the data for a period of time;

• whether there is an ongoing legal claim that relates to any business (or otherwise) relationship you have with us, or that is otherwise related to your relationship with us;

• whether any applicable law, statute, or regulation allows for a specific retention period; and

• whether the Personal Information is considered to be Sensitive Personal Information, in which case a shorter retention period generally would be applied.

These criteria may also mean we adjust the period of time we retain the categories of Personal Information detailed above.

JURISDICTION-SPECIFIC NOTICES - U.S.

California Residents.

Under the CCPA, California residents have specific rights regarding their Personal Information. This section describes Californians’ rights and explains how California residents can exercise those rights.

Information Collected About Californians.

During the last twelve (12) months, we have collected the following categories of Personal Information from consumers. Please see our Cookie Policy for information about the collection and use of Personal Information by third-parties who process information collected by cookies and related technologies that we permit them to use on the Site. Except as indicated in the “California Job Applicants” section below and the “Collection of Personal Information” section above, we do not seek to collect any other “sensitive personal information” (as defined in the CCPA).

California Job Applicants.

When you apply for a job with Virgin Hotels, information may be collected about you in multiple ways: you may provide it to us in connection with your application; we may make observations in the application process or collect information from public information sources; or you may authorize us to collect information from other sources, such as a former employer or reference.

The following table describes our practices with regard to information submitted in the job application process. If you use our Website in the job application process, additional information may be automatically collected, as described above.

In certain circumstances, you may submit your application for employment through a third party service that displays our job posting. We do not control the privacy practices of these third party services. Please review their privacy policies carefully prior to submitting your application materials.

Rights Specific to California Residents.

Under the CCPA, a California resident has the following rights: (1) to request additional information about our data collection, use, disclosure, and sales practices in connection with your Personal Information; (2) to request the specific Personal Information collected about you during the previous 12 months; (3) to request the deletion of the Personal Information we have about you; (4) to request a restriction on certain processing of Personal Information; (5) to request correction of inaccurate information, and (6) to opt-out of the selling or sharing of personal information, as defined by the CCPA.  You may not be discriminated against for exercising your California privacy rights. You may submit a request to exercise your rights under the CCPA through the following means:

• Calling us at 1-833-217-8626

• Completing this form online.

You may also designate an agent to exercise your privacy rights on your behalf. In order to designate an authorized agent to make a request on your behalf, you must provide a valid power of attorney, the requester’s valid government-issued identification, and the authorized agent’s valid government issued identification.

Upon receiving your request, we will confirm receipt of your request by sending you an email confirming receipt. To help protect your privacy and maintain security, we may take steps to verify your identity before granting you access to the information. In some instances, such as a request to delete Personal Information, we may first separately confirm that you would like for us to in fact delete your Personal Information before acting on your request.

We will aim to respond to your request as soon as reasonably practicable and consistent with any applicable laws. If we require more time, we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. In some cases our ability to uphold these rights for you may depend upon our obligations to process Personal Information for security, safety, fraud prevention reasons, compliance with regulatory or legal requirements, listed below, or because processing is necessary to deliver the services you have requested. Where this is the case, we will inform you of specific details in response to your request.

California Shine the Light Law.

California Civil Code § 1798.83 permits users who are California residents to obtain from us once a year, free of charge, a list of third parties to whom we have disclosed Personal Information (if any) for direct marketing purposes in the preceding calendar year. If you are a California resident and you wish to make such a request, please send an e-mail with “California Privacy Rights” in the subject line to [email protected]. In your request, please attest to the fact that you are a California resident and provide a current California address for our response. Please be aware that not all information sharing is covered by the California privacy rights requirements and only information on covered sharing will be included in our response.

Notice of Financial Incentive for California Residents.

Virgin Hotels operates a rewards program, The Know Loyalty Program (“The Know Program”). The Know Program is an optional loyalty reward system. Enrollment in The Know Program is free and no purchase is required to sign up for the program. As part of The Know Program, Virgin Hotels offers certain hotel rates, upgrades and special events based on the points a customer achieves when staying at one of our properties. Those benefits are described along with other material terms and conditions here. In order to be a member of the The Know Program, a customer must register for an account online.

Our collection of The Know Program members’ Personal Information (including name, mailing address, zip code, telephone number, credit, debit or payment account information and email address and other Personal Information as described above in the “Collection of Personal Information” section) allows Virgin Hotels to operate The Know Program and provide membership benefits. Under the CCPA, the categories of personal information collected for The Know Program include the following:

• Identifiers such as name, mailing address, email address, telephone number, zip code;

• Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) such as payment card information; and

• Inferences drawn from one or more of the above, including a member’s hotel stay history, that reflects a member’s preferences.

Virgin Hotels uses the Personal Information of The Know Program members to both award and redeem points. Otherwise, the types of Personal Information that we collect from members are generally similar to the types of Personal Information that we collect from individuals who are not The Know Program members. The amount of Personal Information that we collect from a member or non-member may vary and is dependent on the level of interactions and engagement that the member or non-member has with Virgin Hotels.

To form the basis for offering the financial incentive, Virgin Hotels has made the following good faith estimate of the value of consumers’ data based on expenses related to the collection, retention, and offering of The Know Program pursuant to the valuation options mandated by the CCPA regulations. This estimate is calculated by dividing the annual value of the revenue generated from the commercial relationships we have with our loyalty partners with respect to consumer data, by the number of US members in our Program. This estimate is not specific to any individual customer and varies per customer. We have based this good-faith estimate on the value that arises from our commercial relationships and the collection and retention of the Personal Information of customers who have voluntarily signed up and chosen to remain in The Know Program. The value of The Know Program benefits to members varies significantly as individual members take advantage of The Know Program benefits to varying degrees. Our valuation number will constantly evolve as membership fluctuates. If you’d like to submit a request to view our valuation number, please contact us at the email below.

You may cancel your membership in The Know Program at any time by submitting the request through your online account or send an e-mail to: [email protected].

Nevada Residents.

We have not sold Personal Information of Nevada residents as contemplated by NRS Ch. 603A, Sec. 2(2)).

Colorado Residents.

Colorado residents have certain rights around Virgin Hotels’ collection, use, and sharing of their Personal Information. Virgin Hotels sells your Personal Information. Virgin Hotels does not engage in profiling in furtherance of decisions that produce legal or similarly significant effects. Virgin Hotels engages in “targeted advertising” as that term is defined in the Colorado Privacy Act .

Virgin Hotels collects various categories of Personal Information when you use our Site or Services. A more detailed description of the information Virgin Hotels collects and how we use it is provided above in the “How We Use Your Information” section. The “Our Information Sharing Practices” section describes the categories of third parties with whom we share Personal Information, and what information may be shared under different circumstances. If you are a resident of Colorado, you have the right to (1) request to know what Personal Information has been collected about you, and to access that information; (2) request to correct inaccuracies in your Personal Information; (3) request deletion of your Personal Information, subject to exceptions; (4) obtain a copy of your Personal Information, and (5) opt out of selling, profiling and targeted advetising. Also, a Colorado consumer may not be discriminated against for exercising the consumer’s Colorado privacy rights. You can learn more about how to submit a data rights request, or appeal denial of a request, by completing this form online or by writing to us at Virgin Hotels North America, LLC, 3390 Mary Street, Suite 218, Miami, Florida  33133  Attn:  Legal Department.

Connecticut Residents.

Connecticut residents have certain rights around Virgin Hotels’ collection, use, and sharing of their Personal Information. Virgin Hotels sells your Personal Information. Virgin Hotels does not engage in profiling in furtherance of decisions that produce legal or similarly significant effects. Virgin Hotels engages in “targeted advertising” as that term is defined in the Connecticut Data Privacy Act.

Virgin Hotels collects various categories of Personal Information when you use our Site or Services. A more detailed description of the information Virgin Hotels collects and how we use it is provided above in the section titled “How We Use Your Information” section. The “Our Information Sharing Practices” section describes the categories of third parties with whom we share Personal Information, and what information may be shared under different circumstances. If you are a resident of Connecticut, you have the right to: (1) request to know what Personal Information has been collected about you, and to access that information; (2) request to correct inaccuracies in your Personal Information; (3) request deletion of your Personal Information, subject to exceptions; (4) obtain a copy of your Personal Information; and (5) opt out of selling, profiling and targeted advertising. Also, a Connecticut consumer may not be discriminated against for exercising the consumer’s Connecticut privacy rights. You can learn more about how to submit a data rights request, or appeal denial of a request, by completing this form online.

Montana Residents.

Montana residents have certain rights around Virgin Hotels’ collection, use, and sharing of their Personal Information. Virgin Hotels sells your Personal Information. Virgin Hotels does not engage in profiling in furtherance of decisions that produce legal or similarly significant effects. Virgin Hotels engages in “targeted advertising” as that term is defined in the Montana Consumer Data Privacy Act.

Virgin Hotels collects various categories of Personal Information when you use our Site or Services. A more detailed description of the information Virgin Hotels collects and how we use it is provided above in the section titled “How We Use Your Information” section. The “Our Information Sharing Practices” section describes the categories of third parties with whom we share Personal Information, and what information may be shared under different circumstances. If you are a resident of Montana, starting October 1, 2024, you have the right to: (1) request to know what Personal Information has been collected about you, and to access that information; (2) request to correct inaccuracies in your Personal Information; (3) request deletion of your Personal Information, subject to exceptions; (4) obtain a copy of your Personal Information; and (5) opt out of selling, profiling, and targeted advertising. Also, a Montana consumer may not be discriminated against for exercising the consumer’s Montana privacy rights. You can learn more about how to submit a data rights request, or appeal denial of a request, by completing this form online.

Oregon Residents.

Oregon residents have certain rights around Virgin Hotels’ collection, use, and sharing of their Personal Information. Virgin Hotels sells your Personal Information. Virgin Hotels does not engage in profiling in furtherance of decisions that produce legal or similarly significant effects. Virgin Hotels engages in “targeted advertising” as that term is defined in the Oregon Consumer Privacy Act.

Virgin Hotels collects various categories of Personal Information when you use our Site or Services. A more detailed description of the information Virgin Hotels collects and how we use it is provided above in the section titled “How We Use Your Information” section. The “Our Information Sharing Practices” section describes the categories of third parties with whom we share Personal Information, and what information may be shared under different circumstances. If you are a resident of Oregon, starting July 1, 2024, you have the right to: (1) request to know what Personal Information has been collected about you, and to access that information; (2) request to correct inaccuracies in your Personal Information; (3) request deletion of your Personal Information, subject to exceptions; (4) obtain a copy of your Personal Information; and (5) opt out of selling, profiling, and targeted advertising. Also, a Oregon consumer may not be discriminated against for exercising the consumer’s Oregon privacy rights. You can learn more about how to submit a data rights request, or appeal denial of a request, by completing this form online.

Texas Residents.

Texas residents have certain rights around Virgin Hotels’ collection, use, and sharing of their Personal Information. Virgin Hotels sells your Personal Information. Virgin Hotels does not engage in profiling in furtherance of decisions that produce legal or similarly significant effects. Virgin Hotels engages in “targeted advertising” as that term is defined in the Texas Data Privacy and Security Act.

Virgin Hotels collects various categories of Personal Information when you use our Site or Services. A more detailed description of the information Virgin Hotels collects and how we use it is provided above in the section titled “How We Use Your Information” section. The “Our Information Sharing Practices” section describes the categories of third parties with whom we share Personal Information, and what information may be shared under different circumstances. If you are a resident of Texas, starting July 1, 2024, you have the right to: (1) request to know what Personal Information has been collected about you, and to access that information; (2) request to correct inaccuracies in your Personal Information; (3) request deletion of your Personal Information, subject to exceptions; (4) obtain a copy of your Personal Information; and (5) opt out of selling, profiling, and targeted advertising. Also, a Texas consumer may not be discriminated against for exercising the consumer’s Texas privacy rights. You can learn more about how to submit a data rights request, or appeal denial of a request, by completing this form online.

Utah Residents.

Utah residents have certain rights around Virgin Hotels’ collection, use, and sharing of their Personal Information. Virgin Hotels does not sell your Personal Information as defined in the Utah Consumer Privacy Act. Virgin Hotels does not engage in profiling in furtherance of decisions that produce legal or similarly significant effects. Virgin Hotels engages in “targeted advertising” as that term is defined in the Utah Consumer Privacy Act.

Virgin Hotels collects various categories of Personal Information when you use our Site or Services. A more detailed description of the information Virgin Hotels collects and how we use it is provided above in the “How We Use Your Information” section. The “Our Information Sharing Practices” section escribes the categories of third parties with whom we share Personal Information, and what information may be shared under different circumstances. If you are a resident of Utah, you have the right to (1) request to know what Personal Information has been collected about you and to access that information; (2) request to correct inaccuracies in your Personal Information; (3) request deletion of your Personal Information, subject to exceptions; (4) obtain a copy of your Personal Information; and (5) opt out of selling and targeted advertising. Also, a Utah consumer may not be discriminated against for exercising the consumer’s Utah privacy rights. You can learn more about how to submit a data rights request, or appeal denial of a request, by completing this form online.

Virginia Residents.

Virginia residents have certain rights around Virgin Hotels’ collection, use, and sharing of their Personal Information. Virgin Hotels does not sell your Personal Information as defined in the Virginia Consumer Data Protection Act. Virgin Hotels does not engage in profiling in furtherance of decisions that produce legal or similarly significant effects. Virgin Hotels engages in “targeted advertising” as that term is defined in the Virginia Consumer Data Protection Act .

Virgin Hotels collects various categories of Personal Information when you use our Site or Services. A more detailed description of the information Virgin Hotels collects and how we use it is provided above in the “How We Use Your Information” section. The “Our Information Sharing Practices” section escribes the categories of third parties with whom we share Personal Information, and what information may be shared under different circumstances. If you are a resident of Virginia, you have the right to (1) request to know what Personal Information has been collected about you and to access that information; (2) request to correct inaccuracies in your Personal Information; (3) request deletion of your Personal Information, subject to exceptions; (4) obtain a copy of your Personal Information;  and (5) opt out of selling, profiling, and targeted advertising. Also, a Virginia consumer may not be discriminated against for exercising the consumer’s Virginia privacy rights. You can learn more about how to submit a data rights request, or appeal denial of a request, by completing this form online.