- What information is held by Diamond.
- How the information will be used.
- With whom the information will be shared (if anyone).
- How to opt out of e-mail updates.
- How to exercise your legal rights regarding your personally identifiable information (“PII”) (including how to update or correct inaccuracies).
- What safeguards are in place to protect your information.
- Other information about your privacy.
2. What information is held by Diamond?
2.1. Registration Information
If you are a Diamond owner or member, own a timeshare interest at a Diamond-managed resort, or reserve accommodations at our resorts as a non-owner or non-member, you will provide your name, address, telephone number and e-mail address as part of our registration process to create a unique login name and password. You will provide similar information when we enter into a contract with you for the sale of our timeshare product.
2.2. Sweepstakes and Contests
Diamond may sponsor sweepstakes and contests to give owners/members and non-owners/non-members the opportunity to win great travel prizes. Information collected by Diamond for such contests may include contact information and survey questions.
2.3. Online Surveys
Diamond values opinions and comments from owners, members and guests so we frequently conduct online surveys. These surveys are entirely optional for all owners, members and guests. Typically, the information is aggregated and used to make improvements to Diamond products and services and to develop appealing content, features and promotions for owners. Survey participants are anonymous unless otherwise stated in the survey.
2.4. IP Addresses
Diamond collects IP addresses to help diagnose problems with our servers and for system administration.
2.5. On-Property Collection
Local laws may require that we collect additional information from you during registration/check-in at our properties. We may also use closed circuit television and other security measures at our properties that may capture or record images of guests, visitors in public areas and information related to your location while on our properties via keycards and other technologies. We may also use other technologies that record sound or video to protect our staff. In addition, we may collect individual information in connection with on-property services, such as concierge services and activities.
2.6. Server Logs
Like many other websites, our servers automatically record information about your IP address, which ads you click on, the page that directed you to our Site, and the browser type used while accessing our Site. A server log stores the information collected so it can be analyzed for the purposes set out in Section 4 below.
2.7. Other Sources of Personal Information
If you pay for your membership from us using a finance product provided by Diamond you will be asked to provide information to support that application including income, previous addresses and credit record and history. You may also provide information to us when you telephone us, in messages you send to us, for example, via the “contact us” section of our website, via our mobile App (which may also record location information), when you log on as a member or by interacting with any of our social media platforms, for instance by liking and sharing our posts on Facebook or Twitter. Please ensure you read the privacy policies in relation to your social media accounts as we cannot be held responsible for their uses of your PII.
2.8. Non-Personally Identifiable Information
2.9. Credit Card Information
Owners, Members, Non-Members and Non-Owners may provide Diamond with credit-card information that will be retained by Diamond to assist in making payments quickly without having to type in the same information repeatedly. You can opt out of such retention at any time through the Member website (available only to Members) or by contacting us as set forth in Section 12 below.
3. PII – Your rights
3.1. Requesting PII
You always have the right to review the PII we keep about you, subject to certain legal and contractual restrictions. You can request reasonable access to the PII about you that Diamond holds by contacting us at THEClub@diamondresorts.com. Please write "Request PII" in the subject line of your email. Note that we will contact you to verify your identity before disclosing any PII.
3.2. Updating PII
Diamond shall promptly correct or complete any PII found to be inaccurate or incomplete. Any unresolved differences as to accuracy or completeness shall be noted on your file. Requests to update, correct or augment PII can be made by contacting us at the THEClub@diamondresorts.com. Please write "Update PII" in the subject line of your email.
3.3. Blocking or requesting erasure of your PII
If you no longer want to use Diamond services, you can ask us to delete and/ or block your PII from being used again. Whether and the extent to which we can honor such requests will depend upon the nature of our relationship with you and may vary in accordance with applicable law. Requests to block your PII from being used again or to delete PII can be made by contacting us as set forth in Section 12 below. In addition, you can delete your user account at any time by signing in on the Site, going to the “Settings” page, and choosing to remove your account. Once you choose to remove your account, we will make good faith efforts to make the changes in our then active databases, or where required by law, so that the PII will be erased or anonymized as soon as reasonably practicable. Changing setting options may not result in immediate changes to the settings, which are subject to our operations and maintenance schedules.
However, please note that we may need to retain certain information, for example for legal or administrative purposes, such as record keeping, maintenance of opt-out requirements, processing claims or detecting fraudulent activities. We will retain information in accordance with the provisions of Section 4.2 below.
3.4. Notice to California Residents
If you are a resident of California, California Civil Code Section 1798.83 allows you to request information regarding the disclosure of your PII by us to third parties for the third parties' direct marketing purposes. This applies only to their activities within the State of California.
3.5. Special offers and promotions
As an owner, member or guest we would like to provide you with updates about discounted availability, special offers, new services and products of ours which may be of interest to you and to provide you with details of third parties whose products, services and special offers you might also be interested in.
Depending on your location (reflecting applicable law), you may have been asked to indicate preferences regarding the receipt of such information from us, including consent as to the means by which you would like to such receive it.
Wherever you are located (and reflecting any preferences you may have expressed) you may receive such information by letter, e-mail, telephone or any other reasonable means of communication. If you do not want to receive these updates and to understand more about other unsubscribe options, you may contact us as set forth in Section 12 below.
Alternatively, for email communications you can opt-out by checking the opt-out box at the bottom of any e-mail you receive from Diamond.
4. How will the information be used?
4.1. Use of the information
We may use the information we collect from or about you in the following ways:
- To verify your user credentials and/ or identity.
- To carry out our obligations to you.
- To allow you to complete reservations, save points and make payments.
- To manage your account with us, service your requests and administer our relationship with you.
- To allow us to contact you including for customer service and to confirm requests, payment and other transactions with us.
- To provide you with technical assistance in the event you contact us about a technical issue you are experiencing with our Site, services or products.
- To enable us to perform our legal and regulatory obligations as a responsible lender in the event we provide finance to you to purchase our product.
- To personalize your experience and to allow us to deliver the type of content and product offerings in which you are most interested.
- To improve our Site in order to better serve you.
- To allow us to provide you with better service in responding to your customer service requests.
- To administer a contest, promotion, survey or other site feature.
- For marketing purposes – for more information on this please see Section 3.5.
- To quickly process your transactions.
- To ask for ratings and reviews of services or products.
- To follow up with you after correspondence (live chat, email or phone inquiries).
- To notify contest winners.
- To develop promotions and product improvements.
- For our reasonable business purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products, enhancing, improving or modifying our services, identifying usage trends, determining the effectiveness of our promotional campaigns and operating and expanding our business activities.
- As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from various authorities including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; or (g) to allow us to pursue available remedies or limit the damages that we may sustain.
4.2. Retention of your PII
Even if you request to close your account, keep in mind that deletion by third parties to whom the information had been provided may not be immediate and that the deleted information may persist in backup copies for a reasonable period of time (but will not be available to others).
5. Who will the information be shared with, if anyone?
Our affiliates include companies that are subsidiaries and affiliates of Diamond Resorts Holdings, LLC. and Diamond Resorts (Europe) Limited. We may share your PII with any of our subsidiaries and affiliates. In some circumstances, these affiliates and subsidiaries may use your PII, including your name, address, telephone number and e-mail address, to market to you and tell you about special offers and promotions you may be interested in. See Section 3.5 for more information.
5.2. Other Companies
If you are a Diamond Owner or Member and wish to take advantage of our affiliate program and/ or certain member benefits it will be necessary to release some PII to those resorts or providers to allow them to administer your booking and contact you about your reservation if they need to. It may be necessary, from time to time, to release information about you (including sensitive information such as a medical condition, disability or a dietary requirement) to external suppliers such as airlines/car hire companies to enable a comprehensive service be provided to you and to process the transaction information.
5.3. Customs and Immigration Authorities
Please also be advised that all airlines are now required by laws introduced in the U.S. and other countries to give cross border control agencies access to customer data. Accordingly, any information held about you and your travel arrangements may be disclosed if required by law to the customs and immigration authorities of any country in your itinerary.
5.4. First National Trustee Company Limited
Information for Diamond European Members may also be supplied to First National Trustee Company Limited, an Isle of Man based company (whose details are set out in the Deed of Trust) in order to enable it to perform its supervisory and regulatory functions.
5.5. Other Third Parties
We do not sell customer names or other PPII to other third parties for their marketing purposes and have no intention of doing so in the future. Occasionally, Diamond will hire a third party to act on our behalf to assist Diamond in furtherance of its business, such as processing reservations for our owners, members and guests, and for projects such as marketing, advertising, market-research surveys and contest-entry processing and will provide PII to these third parties specifically for use in connection therewith. The information we provide to such third parties is protected by an appropriate agreement ensuring that it is used solely for the purposes for which it was provided.
5.6. Authorities Permitted By Law
We may disclose your information to law enforcement and other governmental authorities insofar as it is required by law or is strictly necessary for the prevention, detection or prosecution of criminal acts and fraud. Diamond may also disclose owner, member, non-member and non-owner information, if, in good faith, we believe that disclosure is necessary or advisable including, without limitation, to protect the rights or properties of Diamond or in order to identify, contact or bring legal action against someone who may be causing interference with our rights or properties, whether intentionally or otherwise, or when anyone else could be harmed by such activities.
5.7. Corporate Transactions
We may disclose your information to a third party who acquires any part of Diamond itself or any of its affiliates, whether such acquisition is by way of merger, bankruptcy, consolidation or purchase of all or a substantial portion of Diamond’s assets.
6. Cross-border Data Transfers
Diamond transfers, processes, and stores information about you on servers located in a number of countries, including the United States. We may also subcontract processing to, or share your information with, third parties located in countries other than your home country.
Transfers of Information from the EEA
Diamond Resorts Holdings, LLC.; Diamond Resorts Holding, LLC; Diamond Resorts Corporation; Diamond Resorts Centralized Services Company; Diamond Resorts International Marketing, Inc.; Diamond Resorts Management, Inc.; and Diamond Resorts International Club, Inc. (the "US Diamond Entities") have entered into standard Model Contract Clauses agreements approved by the European Commission for the transfer of PII out of the European Economic Area and comply with the EU-U.S. Privacy Shield Framework and with the Swiss–U.S. Privacy Shield Framework (collectively, "Privacy Shield") as set forth by the U.S. Department of Commerce regarding collection, use, and retention of PII transferred from the European Economic Area (EEA) member countries or from Switzerland to the United States, respectively. The US Diamond Entities will adhere to the Privacy Shield Principles for as long as such PII is retained by the US Diamond Entities.
If we become subject to an FTC or court order based on non-compliance, the US Diamond Entities shall make public any relevant Privacy Shield-related sections of any compliance or assessment report submitted to the FTC, to the extent consistent with confidentiality requirements.
When the US Diamond Entities receive PII under the Privacy Shield and then transfer it to third party service providers, we are liable for any processing of PII by such third parties that is inconsistent with the Privacy Shield Principles unless we are not responsible for the event giving rise to any alleged damage.
Under the Privacy Shield you are entitled to access, correct, amend, or delete PII about you that we hold where it is inaccurate, or has been processed in violation of the Privacy Shield Principles. You may access, amend, correct or delete your registration information by accessing your account on the Website. You may also exercise this right by contacting us as set forth in Section 12 below.
With respect to personal data received or transferred pursuant to Privacy Shield, the US Diamond Entities are subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission.
In certain situations, the US Diamond Entities may be required to disclose PII in response to lawful requests by public authorities, including in order to meet national security or law enforcement requirements. For more information, please see the "Who will the information be shared with, if anyone?" Section above.
If you have any concerns or complaints regarding the processing of your PII, please contact us as described in Section 12 below.
The US Diamond Entities have further committed to refer unresolved Privacy Shield complaints to our U.S.-based third party dispute resolution provider, the Better Business Bureau ("BBB"). If you do not receive timely acknowledgement of your complaint from us, or if we have not resolved your complaint, please contact or visit the BBB at https://www.bbb.org/EU-privacy-shield/contact-us/ for more information or to file a complaint. The services of the BBB are provided at no cost to you.
Under certain limited circumstances, EEA and/or Swiss individuals may invoke binding Privacy Shield arbitration as a last resort if all other forms of dispute resolution have been unsuccessful. To learn more about this method of resolution and its availability to you, please visit www.privacyshield.gov.
Other Cross Border Transfers
However, in connection with these transfers of PII, your PII may be subject to privacy laws that may not provide the same protection as your country of residence. For example, government entities in the United States and other countries may have certain rights to access your PII. By using the Site you are consenting to this transfer of your PII.
7. Browser Data, Cookies and other Web Technologies
- Help remember and process the items in the shopping cart.
- Understand and save your preferences for future visits.
- Keep track of advertisements.
- Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf.
Although you may disable cookies in your browser and still access and use this Site, disabling cookies may prevent you from taking advantage of certain features on the Site.
7.2. Google Analytics
This Site uses Google Analytics (“GA”) to collect data activity. GA may be used for Display Advertising.
Visitors can control the information provided to Google and opt out of certain ads provided by Google by using of the of the methods set forth in https://policies.google.com/privacy/partners or use the Google Analytics opt out browser add-on at http://tools.google.com/dlpage/gaoptout. Visitors can also opt-out of GA for Display Advertising and customize Google Display Network ads by changing the ad settings at the following link: http://www.google.com/policies/technologies/ads.
This Site also uses Remarketing with GA to advertise online. Third-Party vendors, including Google, may show ads on websites across the internet. This Site and third-party vendors, including Google, use first-party cookies (such as the GA cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on someone’s past visits to our Site; report how ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to visits to this Site.
7.3. Foglight Experience Monitor
Diamond uses Foglight Experience Monitor technology and may record mouse clicks, mouse movements, page scrolling and any text keyed into website forms. Data collected by this recording system will be used to improve our Site usability and customer service. Foglight does not track your browsing habits across websites which do not use the Foglight service.
7.4. Choices regarding your information
You may opt-out from receiving e-mail marketing communications from us by using the unsubscribe function present in all e-mail communication. To opt-out from receiving all marketing communications from us, please contact us as set forth in Section 12 below.
You can understand which third parties have currently enabled cookies for your browser or mobile device and how to opt-out of some of those cookies by accessing the Network Advertising Initiative's website at http://optout.networkadvertising.org or the Digital Advertising Alliance's website at http://optout.aboutads.info or, if you’re located in the European Union, at www.youronlinechoices.eu from your browser. For more information on mobile specific opt-out choices, please visit www.networkadvertising.org/mobile-choices.
See also Section 7.2 for specific opt out options for Google services.
These opt-out mechanisms rely on cookies to remember your choices with respect to ad-serving on websites. If you delete your cookies, use another computer or device, or change browsers, you will need to repeat this process. In addition, opting out of interest-based ads will not opt you out of all ads, but rather only those ads that are personalized to your interests based on activities observed on our Site and/or web sites or mobile apps not owned and operated by Diamond.
7.5. Do Not Track Requests
8.1. Security Measures
Diamond will take reasonable measures to: (i) protect your PII from unauthorized access, disclosure, alteration or destruction, and (ii) keep PII accurate and up-to-date as appropriate. We also seek to require our affiliates and service providers with whom we share PII to exercise reasonable efforts to maintain the confidentiality of PII about you. For online transactions, we use reasonable technology to protect PII that you transmit to us via our Site. Unfortunately, however, no security system or system of transmitting data over the Internet can be guaranteed to be entirely secure.
The transmission of PII via the internet is never completely secure. While we endeavor to protect and maintain the confidentiality of the PII you submit to us we cannot accept, and hereby expressly disclaim any liability from losses relating to the unauthorized disclosure or interception via the Internet of any information that you submit. Furthermore, our Site may contain links to third parties' websites. Please note that we are not responsible for the collection, use, maintenance, sharing, or disclosure of data and information by such third parties.
For your own privacy protection, we encourage you to limit the PII and other sensitive personal information you send to us by email. In particular, please do not send credit card numbers to us by email.
You must be at least 18 years old in order to submit any information to us online, participate in any online sweepstakes or contests, buy a membership or reserve a stay. If you are under 18 years of age, please do not send any information about yourself to us online, including your name, address or e-mail address. If we discover that we have collected any PII online from a child under the age of 13 and have not received verifiable parental content for such collection, we will remove that information from our database as soon as possible.
“Diamond” means Diamond Resorts Holdings, LLC. and its subsidiaries, divisions, and groups in the United States.
“PII” means personally identifiable information relating to an identified or identifiable person, such as first and last name, address, email address, telephone number, and credit card information.
“Non-PII” means any other information that Diamond may collect about you that does not fall under PII, such as the date and time you visited the Site, the web browser you used, the page you visited that directed you to our Site, and your activities on our Site.
12. Contacting us
In Europe by writing to our Customer Services Department at Citrus House, Caton Road, Lancaster, LA1 3UA, by telephoning our Customer Services Department at 0345 3590010, or by e-mailing our Customer Services Department at email@example.com.
Outside of Europe by writing to our Customer Service Department at 10600 W. Charleston Blvd, Las Vegas, Nevada 89135, by telephoning 877.374.2582, or by e-mailing our Customer Services Department at THEClub@diamondresorts.com.
UPDATED: APRIL 1, 2018