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Except
as specifically described below, this Privacy Policy
applies only to personally identifiable information
collected on the Web sites where this Privacy Policy
is posted and does not apply to any other information
collected by Hard Rock Park through any other means.
As
used in this Privacy Policy, "Hard Rock Park"
includes HRP Myrtle Beach Operations, LLC and all
of its parent, subsidiary and affiliated entities,
that do not offer products and services under the
"Hard Rock Park brand and is referred to
in this Privacy Policy as "we," "us,"
"our," and "ourselves."
We
refer to individuals who purchase or use products
or services of Hard Rock Park as Guests."
When this Privacy Policy uses the term "Personally
Identifiable Information," we mean information
that identifies a particular individual, such as the
individual's name, postal address, e-mail address,
and telephone number. When, and so long as, other
information, such as, for example: a consumer product
preference, or number of children, is directly associated
with personally identifiable information, this other
information also is treated as personally identifiable
information for purposes of this Privacy Policy. Personally
identifiable information is sometimes referred to
in this Privacy Policy as "personal information."
Finally, the terms of this Privacy Policy are subject
to all applicable laws. [NOTE: HRP SHALL NOT SHARE
ANY OF YOUR CREDIT CARD INFORMATION WITH ANY THIRD
PARTY UNLESS YOU AUTHORIZE US TO DO SO.]
What types of personally identifiable information
do we collect about our guests?
We
collect several types of Personally Identifiable Information
about our Guests.
Information
You Provide to Us
Much
of the Personally Identifiable Information we receive
comes directly from Guests who are interested in obtaining
various products and services from us. Typically,
this information includes the Guest's name, postal
address, e-mail address, and telephone number. We
may also collect other types of information such as
gender, age, number of children, and personal interests,
which we may associate with Personally Identifiable
Information. If you purchase products or services
from us, we'll note, for example, credit card information,
the type of services or products ordered or purchased,
and the date of the order or purchase. You may also
provide us photographs or other video materials, which
may contain personal information. We may collect personal
information when you register on, log on, or visit
our Web sites, including when you participate in activities
on our Web sites, such as sweepstakes, contests, games
and promotional offers, and when you provide information
to our customer service representatives. Finally,
our Web sites may offer message board, chat and other
public forums. If you provide Personally Identifiable
Information when you use these forums, that personal
information may be publicly posted. Our rules for
use of these public forums are described in the "Forums
and Public Communication" and "House Rules"
sections of the Terms of Use for this Web site.
Information
Collected Through Technology
We
collect information through technology to make our
sites more interesting and useful to you and for various
purposes related to our business. For instance, when
you come to one of our sites, we collect your IP address.
An IP address is associated with the access point
through which you enter the Internet, and is typically
controlled by your ISP (Internet Service Provider).
Standing alone, your IP address is not personally
identifiable. We may use IP addresses to collect information
regarding the frequency with which our Guests visit
various parts of our sites, and we may combine IP
addresses with Personally Identifiable Information.
Our
Web sites collect information through a variety of
technical methods, including cookies and Web beacons.
Cookies are pieces of information that a Web site
sends to your computer while you are viewing the Web
site. Web beacons are small pieces of data that are
embedded in images on the pages of Web sites. Cookies,
web beacons and other technical methods may involve
the transmission of information either directly to
us or to another party authorized by us to collect
information on our behalf.
We
may use the information collected through these technical
methods for tracking and to enhance our Guests' experience
on our Web sites. For example, when you return to
one of our Web sites after logging in, cookies provide
information to the site so that the site will remember
who you are. We also may use technical methods to
analyze the traffic patterns on our Web sites, such
as the frequency with which our users visit various
parts of our Web sites. We also may use technical
methods for a number of purposes in HTML e-mails that
we send our Guests, including to determine whether
our Guests have opened those e-mails and/or clicked
on links in those e-mails, to customize the display
of banner advertisements and other messages after
a Guest has closed the e-mail, and to determine whether
a Guest has made an inquiry or purchase in response
to a particular e-mail. These technical methods may
enable us to collect and use information in a form
that is Personally Identifiable.
Many
advertisements are managed and placed on our Web sites
by third parties. These companies are called "Network
Advertisers." Network Advertisers who place advertisements
on our Web sites may use cookies and Web beacons to
collect information (not including personally identifiable
information such as your name, address, e-mail address
and telephone number) about your visits to our Web
sites and other Web sites in order to provide advertisements
about goods and services of interest to you. Finally,
please keep in mind that if you click on an advertisement
on one of our Web sites and link to a third party's
Web site, then our Privacy Policy will not apply to
your Personally Identifiable Information collected
on that third party's Web site and you must read the
privacy policy posted on that site to see how your
Personally Identifiable Information will be handled.
Information
That We Collect from Others
We
may supplement Personally Identifiable Information
that we have collected directly from our Guests with
other information that we obtain from third parties
and other members of the Hard Rock Park. In addition,
we may obtain information about individuals who are
not yet users of our Web sites or Guests of the Hard
Rock Park. In addition, when we associate information
that we obtain from third parties or other members
of the Hard Rock Park with Personally Identifiable
Information that we have collected under this Privacy
Policy, we will treat the acquired information like
the information that we collected ourselves and, except
as permitted by this Privacy Policy, the information
will not be shared with third parties.
How is your personally identifiable information used
and shared?
As
described in detail below, Hard Rock park may use
your Personally Identifiable Information in many ways,
including sending you promotional materials, and sharing
your information with third parties so that these
third parties can send you promotional materials.
(By "promotional materials," we mean communications
that directly promote the use of Web sites, or the
purchase of products or services.) As outlined below,
you may "opt-out" of certain uses of your
personal information.
General
Provisions for Sharing and Use by Hard Rock Park Licensees
and Co-Branding Participants
Personally
Identifiable Information collected under this Privacy
Policy is shared among and used by Hard Rock Park
for many purposes. For example, Hard Rock Park may
use your personal information to send you promotional
materials about goods and services (including special
offers and promotions) either offered by Hard Rock
Park or offered by third parties. These promotional
materials may be sent to you by postal mail, e-mail
or other means. You may opt out of receiving these
communications as provided below. Please keep in mind,
however, that when you purchase or request products
or services from Hard Rock Park, promotional materials
about goods and services offered by Hard Rock Park
and/or by third parties may accompany delivery of
that product or service. We refer to sending you promotional
materials in these circumstances as "Fulfillment
Uses" of your personal information. Because these
promotional materials accompany products or services
that you have requested, your opt-outs for Hard Rock
Park and Third Parties below will not apply to any
of these Fulfillment Uses.
Hard
Rock Park may also use your Personally Identifiable
Information for many purposes other than sending you
promotional materials. (We refer to all of these types
of uses of your personal information that do not involve
the sending of promotional materials as "Operational
Uses.") For example, we may use your information
to complete transactions requested by you (such as
your purchase of a product or service offered on our
Web sites), or to send you administrative communications
either about your account with us or about features
of our Web sites, including any future changes to
this Privacy Policy. Because these uses of your Personally
Identifiable Information do not involve sending you
promotional materials, your opt-outs as stated below
will not apply to any of these Operational Uses.
In
addition to using your Personal Identifiable Information
as set forth herein, Hard Rock Park may share your
Personally Identifiable Information with companies
that offer products and/or services under brand names
of Hard Rock. These companies are called "licensees."
For example, a company that publishes and sells books
under the "Hard Rock Café" brand
could be such a licensee. Hard Rock Park may also
share your information with companies that offer products
and/or services that are co-branded using the Hard
Rock Park brand name. These companies are called "co-branding
participants." For example, Hard Rock Parks
Visa Card is co-branded with the bank that issues
that credit card. When Hard Rock Park shares personal
information with third parties acting as licensees
and co-branding participants, these licensees and
co-branding participants are restricted by contract
from using the personal information for any marketing
or promotional purpose that is not related to a licensed
or co-branded product or service. Finally, to further
protect your privacy, these licensees and co-branding
participants' use of personal information shared with
them under this Privacy Policy is subject to the same
opt-out rights (and limitations upon those rights)
that apply to use of Personal Identifiable Information
by members of the Hard Rock Park as stated below.
You
may engage in transactions (such as purchasing products
or services, entering contests or sweepstakes, or
requesting special promotional materials, including,
for example, catalogs, vacation planning kits or coupons)
without registering and logging on our Web sites.
These transactions may be either with us or with others
associated with the Hard Rock Park. (We refer to all
of these transactions that you engage in without registering
and logging on our Web sites as "Non-Registered
Transactions.") An example of a Non-Registered
Transaction would be when you purchase items from
hardrockpark.com without registering and logging on
that Web site. When you engage in Non-Registered Transactions,
the opt-out choices described below will not be available
to you, but your information will not be shared with
third parties, and will not be used by any other entity
to send you promotional materials other than the entity
involved in your transaction, except as separately
permitted by other provisions of this Privacy Policy.
Finally,
Hard Rock Park may take your Personally Identifiable
Information and make it non-personally identifiable,
either by combining it with information about other
individuals (aggregating your information with information
about other individuals), or by removing characteristics
(such as your name) that make the information personally
identifiable to you (de-personalizing your information).
Given the nature of this information, there are no
restrictions under this Privacy Policy upon the right
of Hard Rock Park to aggregate or de-personalize your
Personally Identifiable Information, and Hard Rock
Park may use and/or share with third parties the resulting
non-personally identifiable information in any way.
Third
Parties Offering Promotions, Products, or Services
Subject
to your opt-out choices (see below), Hard Rock Park
may share your Personally Identifiable Information
with selected third parties so that they can send
you promotional materials about goods and services
(including special offers and promotions) offered
by them. (We call this type of sharing "Promotional
Sharing" or sharing for "Promotional Purposes.")
When sharing your information for Promotional Purposes,
Hard Rock Park attempts to select only reputable companies
that offer high quality products and services. Moreover,
Hard Rock Park will not share your e-mail address
with third parties for Promotional Purposes, except
when you consent to such sharing in the course of
your participation in a Sponsored Activity as described
below. When Hard Rock Park shares your Personally
Identifiable Information with a third party under
any circumstance described in this "Third Parties
Offering Promotions, Products, or Services" section,
your Personally Identifiable Information will become
permanently subject to the information use and sharing
practices of the third party, and the third party
will not be restricted by this Privacy Policy with
respect to its use and further sharing of your Personally
Identifiable Information.
In
addition to the Promotional Sharing that is subject
to your opt-out choices as stated below, Hard Rock
Park may also share your information when you engage
in certain activities on our sites that are sponsored
by third parties, such as purchasing products or services
offered by a third party, electing to receive information
or communications from a third party, or electing
to participate in contests, sweepstakes, games or
other programs sponsored in whole or in part by a
third party. Hard Rock Park may also share your Personally
Identifiable Information when you respond to promotional
materials and authorize a third party to use your
Personal Identifiable Information for purposes such
as, for example, sending you additional promotional
materials, providing you a product or service, or
entering you in a contest, sweepstakes or game. (We
refer to all of these activities and requests as "Sponsored
Activities.") When you participate in Sponsored
Activities, you will either be required or requested
to agree that the sponsor or business associate may
use your Personally Identifiable Information (including,
in some cases, your e-mail address) in accordance
with the sponsor or business associate's privacy practices.
Since you will have consented to this specific instance
of sharing of your Personally Identifiable Information,
the opt-out choice for "Third Parties" described
below will not apply.
Companies
That Facilitate Communications and Transactions with
You
Sometimes
Hard Rock Park will hire companies to help provide
products or services, like a shipping company that
delivers a package or a company that helps fulfill
prizes for a sweepstakes. In those instances, there
is a need to share your information with these companies.
Sometimes Hard Rock Park also works with other companies
who help either gather your information or communicate
with you, such as a company that helps to provide
customer service. Your opt-out choices as stated below
will not apply to sharing by Hard Rock Park, your
Personally Identifiable Information with any of these
companies. Nonetheless, except as separately permitted
by other provisions of this Privacy Policy, these
companies are allowed to gather, receive, and use
your information only for the purposes described in
this paragraph or as required by law.
Companies
That You Previously Authorized to Obtain Your Information
In
certain circumstances, your dealings with a third
party may have authorized that third party to obtain
your Personally Identifiable Information from Hard
Rock Park and to use that information in accordance
with the third party's own privacy practices and policies.
For example, in using an online shopping service (such
as the shopping services offered by Internet portals
that refer the portal's users to third-party merchants),
you may have authorized that shopping service to obtain
from the service's participating third-party merchants
(including Hard Rock Park) information about your
purchases conducted through the shopping service.
In such circumstances, your opt-out elections (as
stated below) will not apply to sharing of your Personally
Identifiable Information by Hard Rock Park. Nonetheless,
Hard Rock Park will provide such companies only the
information that you authorized (except as separately
permitted under other provisions of this Privacy Policy).
In the example given above, the shopping service would
be provided only information concerning purchases
you made from Hard Rock Park through that shopping
service, and would not be provided any other information
concerning you, unless any additional sharing of your
Personally Identifiable Information were separately
permitted under another provision of this Privacy
Policy.
Purchase
or Sale of Businesses
From
time to time, we may purchase a business or sell one
or more of our businesses and your Personally Identifiable
Information may be transferred as a part of the purchase
or sale. In the event that we purchase a business,
the Personally Identifiable Information received with
that business would be treated in accordance with
this Privacy Policy, if it is practicable and permissible
to do so. In the event that we sell a business, we
will include provisions in the selling contract requiring
the purchaser to treat your Personally Identifiable
Information in the same manner required by this Privacy
Policy (including any amendments to this Privacy Policy).
In light of this protection, your opt-out choices
will not affect our right to transfer your information
to a purchaser in these circumstances. The provisions
of this paragraph will also apply in the event that
one or more businesses of any other member of Hard
Rock Park sold and personal information subject to
this Privacy Policy is transferred to a purchaser
of those businesses.
Disclosures
Required By Law and Disclosures to Help Protect the
Security and Safety of Our Web Sites, Hard Rock Park
and Others
Regardless
of any opt-out choices that you make, Hard Rock Park
will disclose Personally Identifiable Information
when it believes in good faith that such disclosures
(a) are required by law, including, for example, to
comply with a court order or subpoena, or (b) will
help to: enforce our Terms of Use; enforce contest,
sweepstakes, promotions, and/or game rules; protect
your safety or security, including the safety and
security of property that belongs to you; and/or,
protect the safety and security of our Web sites,
Hard Rock Park and/or third parties, including the
safety and security of property that belongs to Hard
Rock Park or third parties.
What choices do you have about the collection, use,
and sharing of your personally identifiable information?
With
regard to Personally Identifiable Information that
you have provided under this Privacy Policy, there
are three separate opt-out choices available to you.
These opt-out choices are the means by which you give
us, or decline to give us, your consent to use your
Personally Identifiable Information for the purposes
covered by these opt-out choices. Some of our Web
sites may not present you all three opt-out choices
described below. Please be assured, however, that
if any one of these opt-out choices is not presented
to you on a Web site, Personally Identifiable Information
collected from you on that site will not be used for
the purposes covered by that opt-out choice. There
are several methods by which you can exercise your
opt-out choices: (a) during the registration process
on our Web sites; (b) after registration, by logging
on our Web sites, clicking on our Privacy Policy links,
going to a site's Guest Services center (sometimes
called a site's "Member Services" or "Preference"
center), and following the opt-out directions; and
(c) as described below. Each of these opt-out choices
is subject to the exceptions described further below.
Your
three opt-out choices are:
Third
Parties: You may choose to opt-out of receiving promotional
materials from third parties. If you do not choose
this opt-out, Hard Rock Park may share your Personally
Identifiable Information so that third parties can
send you these promotional materials. Your opt-out
choices for third parties generally are specific to
the particular Web sites where you make these choices.
Thus, if you want to opt out of all uses of your Personally
Identifiable Information covered by the "Third
Parties" opt-out, you must consistently elect
that opt-out at each of our Web sites either when
you register or when you log in and visit that Web
site's Guest Services center. If you want to make
a change in your "Third Parties" opt-out
choices, you will need to make that change at each
of our Web sites where you previously made a different
choice. Please bear in mind that this opt-out choice
for "Third Parties" will not apply to the
licensees and co-branding participants described above
in A3.
Hard
Rock Park: You may choose to opt-out of receiving
promotional materials from members of Hard Rock Park,
including the licensees and co-branding participants
described above. This opt-out choice is found on each
of our Web sites. For your convenience, when you make
a choice regarding this "Hard Rock Park"
opt-out at any one of our Web sites, we will treat
that choice as replacing any other choices regarding
that opt-out that you may previously have made. Thus,
if you want to make a change in your "Hard Rock
Park" opt-out choice, you can make that change
by visiting the Guest Services center at any one of
our Web sites. Your election to choose this "Hard
Rock Park" opt-out will not, however, override
your consent to receive promotional materials from
a specific member of Hard Rock Park. As described
in the following paragraph, you provide this consent
when you complete a registration page on, or visit
the Guest Services center of, the Web site for a specific
member of Hard Rock Park and choose not to opt-out
of receiving promotional materials from that specific
member.
You
may choose to opt-out of receiving promotional materials
directly from a specific member of Hard Rock Park.
To do so, you must either complete a registration
page on, or visit the Guest Services center of, the
Web site for this specific member and opt-out of receiving
promotional materials from this member. However, if
you do not also opt-out of receiving promotional materials
from "Hard Rock Park as described in the
preceding paragraph you may still receive promotional
materials from this specific member of Hard Rock Park.
Please
keep in mind that any opt-out choices you make will
not apply in situations where (a) you either have
made, simultaneously make, or later make a specific
request for information from a member of Hard Rock
Park, (b) Hard Rock Park uses your Personally Identifiable
Information for either "Operational Uses"
or "Fulfillment Uses" (as described above),
(c) you either have engaged, simultaneously engage,
or later engage in either Non-Registered Transactions
or Sponsored Activities (as described above), or (d)
Hard Rock Park shares your Personally Identifiable
Information pursuant to the provisions above with
respect to "Companies That Facilitate Communications
and Transactions With You," "Companies That
You Previously Authorized to Obtain Your Information,"
"Purchase or Sale of Businesses," or "Disclosures
Required By Law and Disclosures to Help Protect the
Security and Safety of Our Web Sites, Hard Rock Park."
In
addition, if you provide us your consent to use your
Personally Identifiable Information for the purposes
covered by any of the three previously described opt-out
choices, then we may accompany promotional materials
covered by that opt-out choice with promotional materials
covered by the other opt-out choices. We may do so
even if you have opted out of receiving promotional
materials covered by those other opt-out choices.
Any such additional promotional materials, however,
will constitute only a minor part of the overall promotional
materials that we send to you. For example, if you
provide us your consent to receive promotional materials
from hardrockpark.com, then you may receive, along
with hardrockpark.com promotional materials, additional
promotional materials (constituting a minor part of
the overall promotional materials) from another Hard
Rock Park entity or a third party, even if you have
opted out of receiving promotional materials from
that Hard Rock Park entity or from third parties.
Finally,
if you do not exercise your opt-out choices upon registration
or initial log-in at our Web sites, it may take up
to ninety (90) days for your opt-out choices to be
fully effective. Our systems require time to update,
and promotional mailings using Personally Identifiable
Information shared before your opt-out may already
be in process. Thus, you might continue to receive
promotional materials from Hard Rock Park based upon
the Personally Identifiable Information you have provided
under this Privacy Policy for up to ninety (90) days.
For similar reasons, your Personally Identifiable
Information might continue to be shared with third
parties for Promotional Purposes for up to ninety
(90) days. Finally, please keep in mind that, if you
have not consistently used the same postal and email
addresses on our Web sites, or if you have used a
general change of address process (such as the change
of address process offered by the U.S. Post Office)
after providing address information on our Web sites,
systems maintained by members of Hard Rock Park may
have varying contact information for you. Accordingly,
it may not always be possible to match your new opt-out
choices with the Personally Identifiable Information
that you previously have provided.
What kinds of security measures do we take to safeguard
your personally identifiable information?
The
security and confidentiality of your information is
extremely important to us. We have implemented technical,
administrative, and physical security measures to
protect guest information from unauthorized access
and improper use. From time to time, we review our
security procedures in order to consider appropriate
new technology and methods. Please be aware though
that, despite our best efforts, no security measures
are perfect or impenetrable.
How can you update your contact information and opt
out choices?
You
can access and update the contact information you
gave us during registration (that is, your postal
address, e-mail address, or any other information
that would directly enable us to contact you), or
modify your opt-out choices, by going to our member
services centers. Simply click on this link www.hardrockpark.com
on our Web sites, and then log in with your member
name and password. In some cases, you may need to
visit the Guest Services center on a particular Web
site to change your preferences associated with that
Web site. There are instructions on the start page
of the link above to help you recover your password
if you've forgotten it. If you need to recover your
password, you can also contact us via e-mail at info@hardrockpark.com.
Please include information in the e-mail that will
help us identify your account so we can assist you
with your request. We may also provide you an opportunity
to update your contact information and/or modify your
opt-out choices by sending you an e-mail or other
communication that invites your response. Finally,
you may unsubscribe from certain e-mail communications
by clicking on unsubscribe links in those e-mails.
How can you ask questions, or send us comments, about
this Privacy Policy?
If
you have questions or wish to send us comments about
this Privacy Policy, please send an e-mail with your
questions or comments to info@hardrockpark.com or
write us:
Hard
Rock Park
211 George Bishop Pkwy.
Myrtle Beach, SC 29579
Please
be assured that any Personally Identifiable Information
that you provide in communications to the above e-mail
and postal mail addresses will not be used to send
you Promotional Materials, unless you so request.
How will you know if we amend this Privacy Policy?
We
may amend this Privacy Policy at any time. If we amend
this Privacy Policy to permit material changes in
the way we collect, use, and/or share your Personally
Identifiable Information, we will notify you of such
amendment by sending you an e-mail at the last e-mail
address that you provided us, and/or by prominently
posting notice of such amendment on the Web sites
covered by this Privacy Policy. Any such amendment
to this Privacy Policy will be effective thirty (30)
calendar days following either our dispatch of an
e-mail notice to you or our posting of notice of the
changes on the Web sites covered by this Privacy Policy.
Please note that, at all times, you are responsible
for updating your Personally Identifiable Information
to provide us your current e-mail address. In the
event that the last e-mail address that you have provided
us is not valid, or for any other reason is not capable
of delivering to you the notice described above, our
dispatch of the e-mail containing such notice will
nonetheless constitute effective notice of the amendment
described in the notice. In any event, an amendment
to this Privacy Policy may permit material changes
in the way we use and share Personally Identifiable
Information that you provided us prior to our notification
to you of such amendment. If you do not wish to allow
such material changes, you must so notify us (in the
manner we specify) prior to the effective date of
the amendment. If you provide us this notice, we may
choose to deactivate your account. Please be advised,
however, that, regardless of whether you provide such
notice to us, any such amendment to this Privacy Policy
will apply to any Personally Identifiable Information
that you provide us on or after the effective date
of such amendment.
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