At Discover by Delaware North, we take the privacy of your personal information seriously. This Privacy Policy outlines the ways we collect your personal information, how we use it, how and to whom we disclose it, and your rights in relation to the personal information that we process. In addition, it explains how we use that information and how you can opt out of certain uses of information we may collect. All references to “Company,” “we,” “us,” and “our” shall mean Discover by Delaware North. If the practices described in this Privacy Policy are not acceptable to you, you should not provide Company with information about yourself. We may periodically update this Privacy Policy. The “Last Updated” date at the bottom of the page tells you when this Privacy Policy was last revised. We will notify you of material changes by posting notice on our website (“Website”) or through other means. Any changes to this Privacy Policy will become effective when we post the revised Privacy Policy on our Website. Therefore, we encourage you to check the date of our Privacy Policy whenever you visit our Website for any updates or changes.
COLLECTION OF YOUR PERSONAL INFORMATION
“Personal Information” refers to information that relates to an identified, or identifiable, person or household. This includes, for example, your first and last name, home address or email address. We may also collect and process sensitive Personal Information, such as Social Security number, payment card number, driver’s license identification, or precise geolocation, as further described in this Privacy Policy. In addition to Personal Information, we also collect information that does not identify you, such as de-identified or aggregated information. The Personal Information that we collect depends on what services you use or information that you request. Our collection and processing of your information is based on different contexts: our performance of a contract, our obligations under law, our legitimate interest in conducting our business, protection of a natural person’s vital interests and/or upon your consent.
WHAT PERSONAL INFORMATION HAS THE COMPANY COLLECTED IN THE LAST 12 MONTHS?
The chart below lists the categories of Personal Information that we have collected in the last twelve (12) months. Please note that because this list is comprehensive, it may include types of Personal Information that we collect and share about people other than yourself. For example, we may collect Social Security numbers from our employees, but we generally do not collect them concerning our customers or guests. The chart below also lists the categories of third parties, such as processors or other service providers, to which we have disclosed Personal Information in the last 12 months for a business purpose, such as contacting our customers or processing a payment transaction.
CATEGORY OF INFORMATION COLLECTED
Identifiers, such as real name, postal address, date of birth, gender, telephone number, unique personal identifier, online identifier, Internet Protocol address, e-mail address, account name or other similar identifiers. This also includes demographic information obtained from third parties. Other identifiers such as signature, credit card number, or debit card number. Sensitive personal information such as Social Security number, driver’s license identification or passport identification.
Commercial information, including records of products or services purchased, obtained or considered.
Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding your interaction with our Website, an application, or advertisement.
Audio or video recordings, such as recordings of customer service calls or video recordings on our premises
SOURCE OF INFORMATION
You, your company, and/or your use of our Website; demographic content providers; your responses to our surveys; communications with our Customer Service representatives. You, your company, and/or your use of our Website. You, your company, and/or your use of our Website. Equipment on our network or at our premises
PURPOSE FOR COLLECTION
To contact you; provide you or your company, or other Company guests or customers, with goods, services, or information you or your company request; or to make our products and services better. See above. Generally, we collect these categories of information in relation to purchases you make from us. To comply with laws and regulations, detect security incidents, protect against malicious or fraudulent activity, to protect physical safety of natural persons, or to otherwise perform services on behalf of our business (things like offering credit, processing insurance claims, hiring employees)See above.
To better serve you, provide you information best suited to you, and to maintain and secure our networks and systems; to operate the website and collect analytics;
to understand our customer preferences; to create remarketing campaigns, and audience look-a-likes for promotions and marketing.
We use audio recordings for training and quality control purposes. We use video recordings to protect our customers, our employees, our premises and otherwise deter theft and fraud.
Third Parties to Which Information Has Been Disclosed for a Business Purpose
We disclose your information to service providers, such as mailing fulfillment vendors and companies that help us identify you and your preferences, to conduct our business. We may also share your Personal Information with other service providers, such as credit card processors or professionals, like attorneys or accountants, where necessary for our business. Company venues in the Company family of brands may also share Personal Information with affiliates that provide back-office support.
See above. Generally, we share purchase-related information only to third parties that help us process your purchases.
When performing a service, we may share this information with our service providers. We may also share this information with law enforcement to protect the Company and natural persons. We may also share this information with governmental agencies as required by law.
See above.
We share with third parties to serve you relevant advertisements, to tailor our content to your preferences, and to maintain and secure our networks and system.
We share audio and video recordings only with third parties necessary to our use and processing of such recordings.
YOUR LOCATION
From you, your company, and/or use of our Website. Also, if you connect to a guest or other wireless network at one of our premises, we or our service provider may collect information about your location. To better serve you depending upon your location and otherwise to identify your location in relation to our network
We share location information only with third parties necessary to our use and processing of such information.
PROFESSIONAL INFORMATION
You and other third-party sources.
We collect professional information such as job title and contact information, from our business contacts, so we can connect and do business with them.
Employment related information, including health insurance information and other health-related information, and biometric information, like fingerprint, of certain of our employees. This also includes professional information like past employment.
We share professional information concerning our business contacts only with those third parties necessary for us to process such information.
Inferences we draw from any of the information identified above to create a profile about you reflecting your preferences.
You
We collect information necessary for the employment of Company employees, and to provide benefits.
We share employment information with third parties necessary for the processing of such information, such as payroll and benefits providers. We also share employment information with governmental agencies as required by law. Purchase history and other commercial information
We may maintain a record of goods and services you obtain from us for our commercial records and otherwise to better serve you, and to draw inferences about your preferences.
We share purchase and commercial information only with third parties necessary for the processing of such information.
We develop such inferences internally or with the help of third parties.
Generally, we may develop inferences, like product or service preferences, concerning our customers, which we use to better serve them and provide them with information concerning products or services that may interest them.
We share such inferences with third parties necessary for our processing of such inferences, such as marketing software platforms.
We will not collect additional categories of Personal Information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you with notice.
USE OF YOUR PERSONAL INFORMATION
In addition to the purposes and uses described elsewhere in this Privacy Policy, we use Personal Information in the following ways:
- To identify you when you visit our Website or our locations.
- To provide products and services or to process returns.
- To process your requests, purchases, transactions, and payments and prevent transactional fraud.
- To streamline the checkout process.
- To provide you with support and to respond to your inquiries, including to investigate and address your concern sand monitor and improve our responses.
- To improve our services and product offerings.
- To conduct analytics.
- To provide, support, personalize, and develop our Website, products, and services.
- For testing, research, analysis, and product development, including to develop and improve our Website, products, and services.
- To create, maintain, customize, and secure any of your accounts with us.
- To respond to inquiries related to support, employment opportunities, or other requests.
- To send marketing and promotional materials, including information relating to our products, services, sales, or promotions.
- To develop look-a-like audiences for marketing of promotional materials.
- To monitor the effectiveness of our marketing campaigns.
- In relation to professional contact information, to conduct business with our business partners.
- For internal administrative purposes, as well as to manage our relationships.
- For other internal operations reasonably aligned with the expectations of our customers, including processing in furtherance of the provision of a product or service requested by a customer.
- As otherwise required or permitted by law.
DISCLOSING YOUR PERSONAL INFORMATION
In addition to the specific situations discussed elsewhere in this Privacy Policy, we disclose Personal Information in the following circumstances:
AFFILIATES
We may disclose your information to companies that are under common ownership or control with Company, our subsidiaries and/or affiliated companies.
OTHER THIRD PARTIES
We may disclose your information to other third parties to whom you or your agents authorize us to disclose your Personal Information in connection with products or services we provide to you.
BUSINESS TRANSITION
We may share or sell your information as an asset of Company in conjunction with the sale to a third party of our Company, our subsidiaries and/or affiliated companies, or a portion of our or their business or assets.
LEGAL PURPOSES
We may disclose your information:
- to conform with the law, research and fulfill our regulatory obligations, respond to regulatory inquiry, respond to claims, or comply with legal process served on Company (e.g., a lawful subpoena, warrant or court order, or discovery request).
- to enforce or apply our policies or agreements (including to bill and collect for amounts owed to us).
- to protect and defend our operations and ours and our employees’, patrons’, users’, or the publics’ rights, privacy, safety or property (including through surveillance).
- to protect our Websites, including fraudulent, abusive or unlawful use of our Websites.
- if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records without delay.
- to governmental authorities, in our sole discretion, in exceptional circumstances, such as a national emergency, security matter, or other situations in which we deem such disclosure prudent.
We may disclose de-identified or aggregate information that does not contain your Personal Information. Where we do so, we require that the recipient agree not to re-identify any such information.
We do not use or disclose sensitive Personal Information for purposes other than to provide the goods or services you expect, to detect security incidents, protect against malicious or fraudulent activity, to protect physical safety of natural persons, or to otherwise perform services on behalf of our business (things like servicing accounts, fulfilling orders or transactions, verifying customer information).
FIRST AND THIRD-PARTY COOKIES, PIXELS AND RELATED DATA
We use cookies and clear GIFs. “Cookies” are small pieces of information that a website sends to a computer’s hard drive while a web site is viewed. Certain cookies are necessary to operate our website. This means that a third party uses technology (e.g., a Cookie) to collect information about your use of our Website, so that they can provide advertising about products and services tailored to your interests on our Website, or on other websites. We use this information to capture website analytics and engage in behavior-based advertising.
SALE AND SHARING OF PERSONAL INFORMATION
In the last twelve (12) months, we have not sold Personal Information.
In the last twelve (12) months, we have shared the following categories of information with third parties for the purposes of cross-contextual advertising, otherwise known as targeted advertising, such as when we purchase space to serve you an advertisement based on your preferences or activity on a website unaffiliated with ours, or serve you an advertisement on one of our Websites, based on Internet activity before you reached our Website.
- Cookie ID
- Browsing information
- Other identifiers, such as IP address
YOUR CHOICES
You can make the following choices regarding your Personal Information:
- Promotional Emails. You may choose to provide us with your email address for the purpose of allowing us to send newsletters, surveys, offers, and other promotional materials to you, as well as targeted offers from third parties. You can stop receiving promotional emails by following the unsubscribe instructions in emails that you receive or by contacting us with such request pursuant to the “How to Contact Us” section below. If you decide not to receive promotional emails, we may still send you transactional or service-related communications.
- Promotional Mailings. If at any time you do not want to receive offers and/or mailings from us, you can remove yourself from our mailing list by contacting us with such request pursuant to the “How to Contact Us” section below and including “NO SNAIL MAIL” in the subject line along with your name, address and zip code. Although we will remove your name from our mailing list after receiving your request, you may still receive mailings from us that had been initiated prior to your name being removed.
- Promotional Text Messages. If you receive a text message from us that contains promotional information, you can opt out of receiving future text messages by replying “STOP” or otherwise contacting us with such request pursuant to the “How to Contact Us” section below.
- Changes to Your Personal Information. We rely on you to update and correct your Personal Information. Most of our Websites allow you to modify or delete your account profile. Note that we may keep historical information in our backup files as permitted by law. If our Website does not permit you to update or correct certain information, contact us with such request pursuant to the “Your Privacy Rights” section below.
- Deletion of Your Personal Information. You may request that we delete your Personal Information by contacting us with such request pursuant to the “Your Privacy Rights” section below and we will delete such Personal Information to the extent required by law.
- Revocation of Consent. If we are processing your Personal Information based on your consent, you may revoke consent, or object, to specific processing of your Personal Information by contacting us with such request pursuant to the “Your Privacy Rights” section below. If you revoke your consent for the processing of Personal Information, then we may no longer be able to provide you services. In some cases, we may limit or deny your request to revoke consent if the law permits or requires us to do so, or if we are unable to adequately verify your identity. We note, however, that the majority of our processing is not based on consent.
- Access to Your Personal Information. If required by law, upon request, we will grant you reasonable access to the Personal Information that we have about you. You may request access to your Personal Information by contacting us with such request pursuant to the “Your Privacy Rights” section below.
- Online Tracking. We do not currently recognise automated browser signals regarding tracking mechanisms, which may include “Do Not Track” instructions.
PROTECTING YOUR INFORMATION
To help maintain data accuracy, prevent unauthorised access to or disclosure of, and ensure the appropriate use of your Personal Information, we have put in place administrative, technical, and physical safeguards. In the event that we are required by law to inform you of any unauthorised access to your Personal Information, we may notify you electronically, in writing, or by telephone, if permitted to do so by law.
RETENTION OF INFORMATION
We retain Personal Information for the period necessary to fulfill the purposes outlined in this policy, or until an individual makes a valid request that we delete information about them, unless a longer retention period is required or is permitted by law.
YOUR PRIVACY RIGHTS
Depending on where you reside, applicable law may provide you with additional privacy rights, such as the right to confirm that we are processing your Personal Information, the right of access or the right to correct your Personal Information. You may also have the right to delete some or all of the Personal Information we have collected about you; valid requests to delete may be fulfilled by deleting or de-identifying this information, although we will retain any information we are required to keep by law. You may also have the right to opt-out of certain processes, such as targeted advertising and to obtain a portable and useable copy of the information you provided to us.
To exercise these rights, please contact us through one of the following means:
- Calling us at1-877-313-2605.
- Emailing us at [email protected].
- Sending a letter to 250 Delaware Avenue, Buffalo, New York 14202; Attention: Data Privacy.
Please note that if you make a request, we will need to verify or authenticate your identity (that you are the person that is the subject of the request, the legal guardian of that person, or in some jurisdictions an authorised representative) to carry out the requests. In order to verify your identity, we may ask for certain additional information that we will only use for the purpose of this verification. If we can’t authenticate your identity, we will let you know. Note, in order to maximize the potential that we can identify you when you make a request, please use the information you provided to us, for example when you registered with one of our Websites or otherwise communicated with us. If you use Personal Information not in our possession when you make a request, we may not be able to identify you.
RESPONSE TIMING AND FORMAT
We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt or as otherwise required by law. If we require more time (up to 90 days in certain circumstances), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option.
If we cannot process your request, we will inform you of the reason why. For data portability requests, where applicable, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without undue hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If, under applicable law, we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
NON-DISCRIMINATION
We do not discriminate against consumers who exercise any of their rights described in this section.
APPEAL RIGHTS
If we deny a request you make concerning your Personal Information, you may have the right to appeal that denial. If so, we will provide you information concerning your appeal right when we deny your request.
CALIFORNIA “SHINE THE LIGHT” RIGHTS
California residents may be entitled to ask us for a notice describing what categories of Personal Information (if any) we share with third parties or affiliates for direct marketing purposes. If you are a California resident and would like a copy of such notice, please email us at [email protected] or submit a written request to 250 Delaware Avenue, Buffalo, New York 14202; Attention: Data Privacy.
MISCELLANEOUS
AGGREGATE INFORMATION
We collect aggregate information about you and your use of our Website whenever you visit us online. For instance, we may collect various forms of “click stream” information such as entry and exit points for our Website (i.e., referring URLs or domains), site traffic statistics, page views, impressions, and operating system and browser type. In addition, when you request pages on our Website, our servers automatically log your Internet Protocol addresses. An Internet Protocol address, or IP Address, is a number that is automatically assigned to your computer whenever you are surfing the internet.
We also use third-party software that tracks traffic directed to the Website from affiliate websites and the purchases that result from this traffic. This information is aggregated and is not tied to an individual purchase.
This aggregate information generally will not identify you or be correlated to you individually for external purposes. We may collect, compile, store, publish, promote, report, sell, or otherwise disclose or use any and all aggregate information, provided that such information does not reveal your identity. When we share such information with other companies, it is not traceable to any particular user, and will not be used to contact you. If we do correlate any aggregate information to you, such information will be treated like any other Personal Information under this policy.
LINKS TO OTHER SITES
Please be aware that we provide links to third-party websites as a service to our users, and that we are not responsible for the content or information collection practices of those pages. Please note that these websites’ privacy policies may differ from our Privacy Policy. We encourage you to review and understand their privacy practices before providing them with information.
TRANSMISSION OF INFORMATION TO OTHER COUNTRIES
As a multi-national company, we transmit information between and among Company, our subsidiaries and/or our affiliate companies. As a result, your information may be processed in a foreign country where privacy laws may be less stringent than the laws in your country. By submitting your Personal Information to us, you agree to the transfer, storage and processing of your information in a country other than your country of residence including, but not necessarily limited to, the United States of America. If you would like more information concerning where we process your information, you can contact us pursuant to the “How to Contact Us” section below.
THIRD PARTY TRACKING
You can opt out of receiving advertising based on your browsing behavior from some network advertising companies by going to the Network Advertising Initiative
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- and the Digital Advertising Alliance
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- websites, although to completely prevent advertising based upon your browsing behavior you should also disable the cookies on your browser.
CHILDREN UNDER THE AGE OF 16
We do not knowingly collect information from children under the age of 16. Our Website is not directed at persons under the age of 16 and should not be used by them. In no event should children under the age of 16 provide any Personal Information through our website. More information about the Children’s Online Privacy Protection Act (COPPA) and how it protects children who use the Internet may be found at www.ftc.gov
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HOW TO CONTACT US
If you have any questions about our Privacy Policy or our use of your information, you can email or contact us as set forth below. When contacting us, please include your first and last name, the name of the location that collected your information and a contact number or email address where you agree to be reached.
- Email us at: [email protected]
- Or send a letter to: Discover by Delaware North. 250 Delaware Avenue
Buffalo, New York 14202
Attention: Data Privacy - Or call us: 1-877-313-2605
If you are a person in the United Kingdom, you may also send a letter to:
- Delaware North Companies (UK) Limited
2nd Floor, Capital Court
30 Windsor Street
Uxbridge
Middlesex
UB8 1AB
Attention: Head of Risk & Compliance
If you are not satisfied with our response, and you are in the United Kingdom, you may have a right to lodge a complaint with your local supervisory authority.
Effective Date: February 01, 2024
DMP DN 313569-1