Privacy and Cookie Policy

Your Privacy Rights
Last Updated: October 27, 2022

Hoshino Resorts Hawaii LLC(“HRH”) respects the privacy of the users of its website and has developed this Privacy and Cookie Policy to demonstrate its commitment to protecting your privacy. This Privacy and Cookie Policy is intended to describe for you, as an individual who is a user of the HRH website (“Website”), the information we collect, how that information may be used, with whom it may be shared, and your choices about such uses and disclosures.

HRH (“we,” “our,” or “us”) is a subsidiary of HOSHINO RESORTS INC (“HOSHINO”) which is a Japanese company that offers resort and property management, along with related businesses, products and services.

We encourage you to read this Privacy and Cookie Policy carefully when using our Website or services or transacting business with us. By using our Website, you are accepting the practices described in this Privacy and Cookie Policy.

If you have any questions about our privacy practices, please refer to the end of this Privacy and Cookie Policy for information on how to contact us.

If you are a resident of California, in addition to the rights set forth in this Privacy and Cookie Policy, you have the right to request information from us regarding the manner in which we share certain categories of personal information with third parties for their direct marketing purposes. California law gives you the right to send us a request at a designated address to receive the following information:

the categories of information we disclosed to third parties for their direct marketing purposes during the preceding calendar year. The specific pieces of Personal Information we collected about you during the preceding calendar year. The business or commercial purpose for collecting or selling (if applicable) Personal Information about you during the preceding calendar year. The categories of Personal Information about you that we sold and the categories of third parties to whom we sold such Personal Information (if applicable) during the preceding calendar year. The names and addresses of the third parties that received that information; and if the nature of the third party's business cannot be determined from their name, examples of the products or services marketed.
If you would like to opt out of the sale of your personal information, you may opt out of any future “sale” of Personal Information about you by email or postal mail the end of this Privacy and Cookie Policy for information on how to contact us.

We do not knowingly “sell” the Personal Information of individuals under the age of 18.

We will not discriminate you on the grounds that you have exercised these rights under the CCPA.

We may request information from you in order to verify your request, such as your name, email address, postal address, phone number, or loyalty number, and then use that information to match it with information we already have. We may also ask you for additional identifiers such as your date of birth or the last four digits of your credit card if we need additional information to verify your identity. We will respond to your request consistent with applicable law.

We may provide this information in a standardized format that is not specific to you. The designated email address for these requests is privacy@surfjackhotelswimclub.com.You also may call our toll-free telephone number: (833) 330-0130, or send a letter to below address.

For individuals in the European Union (EU), for the purposes of the General Data Protection Regulation (known as the GDPR), the controller of any personal data collected by HRH is Hoshino Resorts Hawaii, LLC., of 412 Lewers Street, Honolulu, HI 96815. HRH’s central administration in the EU and, therefore, its main establishment for the purposes of establishing a lead supervisory authority in accordance with the GDPR, is the United Kingdom. Accordingly, the lead supervisory authority for HRH in the EU is the Information Commissioner's Office (the ICO).
When you provide us with your information on the “Contact Us” page we will use it for the purposes of administering your query and responding to you. We therefore have a legitimate interest in processing your personal data in this way.

When you make a reservation through HRH, we will process your personal data to complete the transaction and communicate with you in order to perform the requirements of the contract to which we are both a party in relation to that transaction.

Where we use your personal data for marketing purposes, we will provide you with an opportunity to unsubscribe from receiving such communications as part of every communication we send to you. If you would like to stop receiving marketing from HRH, you can do this by contacting us using the contact information below, unsubscribing using the unsubscribe link in any email you receive from us.
In General. We may collect personal information that can identify you such as your name and email address and other information that does not identify you. When you provide personal information through our Website, the information may be sent to servers located in the United States, Japan and other countries around the world.

Information you provide. We may collect and store any personal information you enter on our Website or provide to us in some other manner. This includes identifying information, such as your name, address, email address, telephone number and fax telephone number, and, if you transact business with us, financial information such as your payment method (valid credit card number, type and expiration date or other financial information). We also may request information about your interests and activities, your gender and age, and other demographic information. If you make a reservation for someone else through our Website, you will need to submit that individual’s personal information. You must obtain the consent of other individuals prior to providing us with their personal information, as any access to view or modify their information will be available only through your account on our Website.

Information from other sources. We may also periodically obtain both personal and non-personal information about you from other HOSHINO subsidiaries (if allowed by the privacy policy of such subsidiary), business partners, contractors and other third parties and add it to our account information or other information we have collected. Examples of information that we may receive include: updated address information, reservation history, and additional demographic information. As another example, if you access third party services, such as social media services, through our Website or before coming to our Website, we may collect information such as your user name and other information made available to us through those services. We may also collect content that you provide to be published on those social media services, such as your likes and your social media activities, like check-ins or tweets. We also collect such other information as you and the social media service provide to us, including information regarding or provided by your friends. This includes, for example, check-ins, events, travel wishes, interests, posts, locations, and photos (including photos you or your friends have been tagged in). Be aware that sharing content on to a social media service may lead to it being shared to your friends (or contacts on those networks).

Location Information and Other Information from Devices. When you access our Website from a device, we may collect information about your location if you have instructed your device to send such information via the privacy settings on that device. You can change the privacy settings of your device at any time in order to turn off the functionality that shares location information and/or the functionality to tag your photos with location information. If you have any questions about the privacy settings of your device, we suggest you contact the manufacturer of your device or your mobile service provider for help.

Use of cookies and other technologies to collect information. We use various technologies to collect information from your computer and about your activities on our Website. We use cookies to provide our visitors with a tailored user experience. The cookies we use will never store personal information such as your name, postal address, email address, or credit card information on your computer or mobile device. The use of Persistent and Session cookies significantly extends the capabilities of our site and enables features such as “Remember Me”.
Cookies are small unobtrusive files that may be used to store information on your computer. This allows us to recognize your computer and helps our Website understand certain information allowing us to customize the experience during your visit. Session cookies and Persistent cookies are the two types of cookies used. Session cookies allow you to navigate through the Website without having to re-enter pertinent session information. These cookies are essential to site functionality and will be automatically deleted from your computer when you leave our Website by closing your browser or navigating to another website.

Persistent cookies are used to recognize you as a visitor and remember certain information about your preferences. These cookies will be stored on your computer until they expire or are manually deleted. Persistent cookies are considered non-essential to site functionality.

Essential Cookies - These cookies are required as part of our Website functionality for server load balancing and user session management. The Website will not function properly without the use of these Session cookies, which are only active during the length of your visit to the Website.
While not required for the Website to function, these Persistent cookies allow us to enhance your online customer experience.

LoginID - We use a loginID cookie allowing you to select “Remember Me” on the Website home page so that your login ID is saved the next time you visit the Website. We use analytics software to carry out statistical analysis of page use, page interactions and paths through the Website. This enables us to understand customer behavior and needs, improve customer service, and continuously enhance the online user experience. This information is not sold to any third parties.

Website behavioral information may be used to provide Website visit information via email; however, we will only send these emails when customers have given us permission to do so, for example through providing their consent in the communication preferences in the ‘My Profile’ section of the Website. We will provide you with an opportunity to unsubscribe from receiving such communications as part of every communication we send to you.

We also use web beacons in select emails for additional analysis. This allows us to understand email activity on an aggregate level. This technology does not collect user specific information.

Third Party Partner and Online Advertising Cookies To improve the user experience, we may allow carefully selected service providers to enrich the content of the Website or to provide additional services to our visitors. We have no control over these cookie sets and assume no responsibility for their use. We recommend that when you visit these areas, you review these providers’ privacy and cookie policies where applicable.
From time to time we may use Doubleclick by Google or other online advertising suppliers to provide us with statistical data based upon ad clicks for the purpose of serving targeted advertising offering additional products or services to our customers and users. Please click here to find out How Doubleclick uses cookies http://support.google.com/dfp_premium/answer/2839090
Should you choose to block our cookies, some parts of the Website may not be fully functional and in some cases will not be accessible. For more information on how to manage your browser cookie settings or how to delete cookies on your hard drive, visit www.aboutcookies.org or use your browser’s help section.
In General. We may use information that we collect about you to: process your reservation and perform services that you have requested; manage your account and provide you with customer support; perform research and analysis about your use of, or interest in, our products, services, or content; with your consent, communicate with you by email, postal mail, telephone and/or mobile devices about products or services that may be of interest to you either from us, another HOSHINO subsidiary or third parties. Please note that we reserve the right to send you other communications, including service announcements, administrative messages, and surveys relating either to your account or to your transactions on this site, without offering you the opportunity to opt out of receiving them;
with your consent, develop and display content and advertising tailored to your interests on our site; verify your eligibility and deliver prizes in connection with contests and sweepstakes that you have entered; enforce our terms and conditions;
manage our business and
perform functions as otherwise described to you at the time of collection.
Financial information. We may use financial information or payment method to process payment for any purchases made on our Website, to protect against or identify possible fraudulent transactions, and otherwise as needed to manage our business.

With whom we share your information

We want you to understand when and with whom we may share personal or other information we have collected about you or your activities on our Website or while using our services.

Personal information. We do not share your personal information with others except as indicated below or when we have your consent. We may share personal information with:

Authorized service providers: We may share your personal information with our authorized service providers that perform certain services on our behalf. These services may include processing reservations, processing credit card payments, providing resort services, delivering packages, providing customer service and marketing assistance, performing business and sales analysis, supporting our Website functionality, and supporting contests, sweepstakes, surveys, employment placement and other features offered through our Website. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purposes.
Business partners. If you make reservations or purchase other products on our Website which are provided by third parties (such as airline, car rental, travel insurance or activity providers), we may need to provide your personal information to these business partners. Sharing this information with our business partners allows them to contact you using the email address or other contact information you provided to obtain additional information about you or your travel plans, to facilitate your travel reservations, or for other purposes consistent with the practices described in their privacy policies and terms of use.
Social Media Services. You can choose to access certain third party social media websites and services through our site. When you do so, you are sharing information with those sites, and the information you share will be governed by their privacy policies. You may also be able to modify your privacy settings with these third party social media websites.
Other Situations. We also may disclose your information:
In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.
When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our Website terms and conditions or other agreements or policies.
In connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
Any third parties to whom we may disclose personal information may have their own privacy policies which describe how they use and disclose personal information. Those policies will govern use, handling and disclosure of your personal information once we have shared it with those third parties as described in this Privacy and Cookie Policy. If you want to learn more about their privacy practices, we encourage you to visit the websites of those third parties. These entities or their servers may be located either inside or outside the United States.

Aggregated and non-personal information. We may share aggregated and non-personal information we collect under any of the above circumstances. We may also share it with our affiliated companies and third parties to develop and deliver targeted advertising on our Websites and on websites of third parties. We may combine non-personal information we collect with additional non-personal information collected from other sources. We also may share aggregated information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis. For example, we may tell our clients the number of visitors to our Website and the most popular resorts, features or services accessed. This information does not contain any personal information and may be used to develop website content and services that we hope you and other users will find of interest and to target content and advertising.
There may be places on our Website where you may click on a link to access other websites that do not operate under this Privacy and Cookie Policy. For example, if you click on an advertisement on our Website, you may be taken to a website that we do not control. These third-party websites may independently solicit and collect information, including personal information, from you and, in some instances, provide us with information about your activities on those websites. We recommend that you consult the privacy statements of all third-party websites you visit by clicking on the "privacy" link typically located at the bottom of the webpage you are visiting.

Please note that while we will protect your information on HRH owned and operated Websites, we cannot control and will not be responsible for the privacy policies of third party websites, including websites owned or controlled by independent owners’ associations, vendors, service providers, or travel providers that may have a business relationship with HRH, or other websites not controlled or authorized by HRH.
Data protection laws in the EU (including but not limited to the GDPR) give individuals in the EU a number of rights in respect of their data, including:

Right to Access
You have the right to request a copy of any personal data that we hold about you. If you would like a copy of your personal data please contact us. We may request proof of your identity before sharing such information.

Right to Rectify Your Personal Data
If you discover that the information we hold about you is incorrect or out of date, you may ask us to correct that information.

Right to Be Forgotten
You may ask us to remove the personal data we hold about you in certain circumstances; this removal may be effected by deletion or use of another technology that allows us to mask the information we have about you or your transaction history such that it can no longer be used to personally identify you. It may not be possible for us to remove all of the information we hold about you where we have an ongoing business relationship with you, or you have a pending or confirmed reservation with HRH or we otherwise have a legal basis to retain the information. However, please contact us to discuss how we can assist with your request.

Other Rights
Where we process your data on the basis that you have consented to such processing, you have the right to withdraw your consent at any time using the contact information below.

In addition to the above, you may also ask us to stop or restrict processing of the personal data we have about you. You may also ask us to transfer your personal data to a third party in certain circumstances. If you would like any further information about these rights or how to exercise them, please contact us.
You can choose not to provide us with certain information, but that may result in you being unable to use certain features of our Website because such information may be required in order for you to make reservations, purchase services; participate in a contest, promotion, survey, or sweepstakes; ask a question; or initiate other transactions on our Website.
You will be given the opportunity, in any commercial email that we send to you, to opt out of receiving such messages in the future. It may take up to 10 days for us to process an opt-out request. We may send you other types of transactional and relationship email communications, such as reservation confirmations, service announcements, administrative notices, and surveys, without offering you the opportunity to opt out of receiving them.
We take appropriate security measures (including physical, electronic and procedural measures) to help safeguard your personal information from unauthorized access and disclosure. We want you to feel confident using our Website to transact business. However, no system can be completely secure. Therefore, although we take steps to secure your information, we do not promise, and you should not expect, that your personal information, or other communications will always remain secure. Users should also take care with how they handle and disclose their personal information and should avoid sending personal information through insecure email. Please refer to the Federal Trade Commission's website at https://www.consumer.ftc.gov/topics/privacy-identity-online-security for information about how to protect yourself against identity theft.
In the future, we may provide areas on our Website where you can post information about yourself, as well as post reviews of resorts, vacation activities, tours and the like, or upload content (e.g. pictures, videos, audio files, etc.). Such postings may appear on other websites or when searches are executed on the subject of your posting. Also, whenever you voluntarily disclose personal information on publicly-viewable web pages, that information will be publicly available and can be collected and used by others. For example, if you post your email address, you may receive unsolicited messages. We cannot control who reads your posting or what other users may do with the information you voluntarily post, so we encourage you to exercise discretion and caution with respect to your personal information.
By submitting, uploading or granting permission on social media to use your photos, text, graphics, audio, video, location information and comments ("Content"), you represent and warrant that you are at least 18 years old and own all rights to the Content, including all rights of copyright, that you hereby give HRH the unrestricted rights to use Content in perpetuity in any form, channel or medium and for any purpose, that you release all claims whether known or unknown arising from HRH’s use of the Content and that you agree to indemnify, defend and hold HRH and its affiliates harmless from any claim that HRH use of the Content infringes on the rights of, or causes injury to, any third party. HRH shall have the right to determine in its sole discretion whether to use, and shall have no obligation to use, the Content, which it may delete or remove it at any time for any reason or for no reason. You may revoke the granting of rights to HRH by submitting a request to privacy@surfjackhotelswimclub.com. HRH will process your request as soon as possible.
Our Website is a general audience site, and we do not knowingly collect personal information from children under the age of 13.
HRH is based in the United States of America. If you are visiting our Website from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. Please be assured that we seek to take reasonable steps to ensure that your privacy is protected. By using our services, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in this Privacy and Cookie Policy, and that those facilities may be located outside of the EEA.
This Privacy and Cookie Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of the Website.
We will occasionally update this Privacy and Cookie Policy to reflect changes in our practices and services. When we post changes to this Privacy and Cookie Policy, we will revise the "last updated" date at the top of this Privacy and Cookie Policy. If we make any material changes in the way we collect, use, and/or share your personal information, we will notify you by prominently posting notice of the changes on our Website or by emailing you. We recommend that you check our Website from time to time to inform yourself of any changes in this Privacy and Cookie Policy or any of our other policies.
If you have any questions about this Privacy and Cookie Policy or our information-handling practices, please contact us by email or postal mail as follows:

Customer Relations
Hoshino Resorts Hawaii, LLC
412 Lewers
Honolulu, HI 96815