General Legal Terms.
In order to exercise the rights granted to you herein you must first agree to be bound by the terms and conditions of this Agreement, without counter offer, addition, deletion or variance, all of which are rejected by FVA. Indicate your acceptance by clicking on “Accept” in this dialog box. If you view or use this site, or access any service from this site, or submit an account registration form or otherwise bid on any good or service from this site, then your viewing, use or that accessibility, registration or bidding is also your acceptances of the terms and conditions of this Agreement. Any of these actions will constitute your agreement to be bound by the terms and conditions of this Agreement (“Acceptance”) and will be enforceable in the same way as if you had executed this Agreement and returned your executed copy to FVA. If you exit this dialog without clicking “Accept”, or you click “Reject”, and you do not use or make this site, do not access any service, do not register or make any bids, then you reject this Agreement.
1.1. We may amend this Agreement at any time by posting the amended terms on this site. Your Acceptance of the amendment is made in the same manner described above as your Acceptance of this Agreement. The amendment is effective upon your Acceptance.
1.3. The use on this site of any name, trade name, trademark, service mark, logo, symbol or other proprietary designation or marking of any third-party, and the availability of goods or services from any third-party through this site, is not an endorsement or sponsorship of this site by the third-party or of the third party or its site of its goods or services by us, or the participation by the third-party in our offering of goods, services or information through this site or our participation in the third parties’ offering of goods, services or information.
1.4. Nothing in this Agreement or on our website should be interpreted as an admission by us that our business is subject to registration or licensing as a seller of travel in any state, or as an auction business in any state. Our intention is to auction travel related goods and services that were acquired by us as payment to us for our advertising services. We own these items, they are fully paid for by us, we are not obligated to auction these items, and whether they get auctioned is not decided by us at the time we acquire the items. As such, we believe that these auctions are exempt from auction statutes. Nonetheless, at this time we have chosen voluntarily to comply with auction statutes without any prejudice to our position on our rights and obligations.
1.5. The patent,, copyright, trademark, trade secrets and other intellectual property and proprietary rights (“Rights”) related to the content that makes up this site, the services offered on this site, and the data and information collected on this site (collectively, “Content”), which includes, but is not limited to, all information, data of all types and description collected or input from any source, software, photographs, text, video, graphics, button icons, logos, music, sounds, user interfaces, and methods, are owned or licensed by FVA and third parties, including FVA’s advertising clients, whose goods and services are offered for sale by them through active hyperlinks from this site.
1.6. Upon your Acceptance of this Agreement, and then for so long as this Agreement and or this license is not terminated as provided herein, FVA grants to you a revocable license to: (i) use our website to view Content that we specifically display for viewing; (ii) register with us to bid on goods and services that we sell on the website, and to bid on those items; (iii) utilize the active hyperlinks that we include on our website to like to our advertisers and sponsors. The licensed activities are limited to legitimate activities for your personal use and benefit, and not to any speculative, false, malicious or fraudulent activities.
1.7. Other than the rights granted in Section 1.6, you have no other rights or licenses with respect to use of our website, any Content, or any other material, goods or services provided by FVA and, without limiting the generality of the foregoing, you agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble, unlock, decrypt or otherwise attempt to derive source code or view the code of any Content. You also agree to not remove, obscure, or alter any Content, or any Rights notices.
1.8. Upon the termination, or during any suspension, of the of this Agreement or the license granted in Section 1.6, you must immediately cease all of the licensed activities.
1.9. Without limiting the generality of any other sub-section of this Section 1, any copying, modification, reproduction, performance, display, redistribution, retransmission, publication or incorporation of any Content into any other web site or other work of any downloaded material, or linking to, mirroring or framing our website, is prohibited. You agree not to use any “robot,” “spider,” or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process having similar function or result, to monitor, copy get any data or other Content from our web site, or to interfere with the working of our site or to alter, remove or add to any Content or gather any email addresses. or to otherwise take any malicious act against our website or Content.
Bidding and Buying.
2.1. Our services are available only to individuals who can form legally binding contracts under applicable law, who have registered with us pursuant to this Section 2, and who are not otherwise in breach of any term of this Agreement. If you are a minor either in the state of Florida, or in your state of citizenship, residency or location, then you do not qualify to use our services. We may refuse to provide our services to you, or to accept bids from you, if you do not qualify for services from us, or are otherwise in breach of any provision of this Agreement.
2.2. To place bids with us you must register as a user, and provide us with all requested information, such as your name, address, telephone number, email address, and credit card information to be used for any winning bids. You agree promptly to update your registration information to keep it complete and accurate. WE PROSECUTE those that register or make any bids in a false name or with an invalid debit or credit card, and you agree that our systems may interrogate your computer to obtain information stored on it about you that can be used to verify your identity and other information, and to prosecute you if you commit any fraud.
2.3. You must choose your own password and identifiers to access your account with us. You are responsible for, and bear the risk of, the security and unauthorized use of your account with us, and you agree to hold us harmless against all liability related to any unauthorized use of your account, so please keep your password and id secure. You agree that we may rely on all bids submitted, and information and instructions provided, by anyone logging into your account with your password and id.
2.4. When you link to a FVA advertiser using a “Buy Direct” link or other active hyperlink, you are dealing directly with the advertiser and not with FVA. All interactions and transactions between you and the advertiser are independent from your dealings and agreement with us. You, on your behalf and on behalf of your successors, assigns, estate, heirs, executors, administrators, and insurers (each an “Indemnitor”), agree to defend (with counsel chosen by FVA) and hold FVA, its owners, officers, directors, agents, and all others with potential liability derivative of it (each a “FVA Indemnitee”), harmless against all claims of every type asserted against any FVA Indemnitee by any Indemnitor related to an advertiser’s performance or failure to perform in its dealings with you, regardless of whether litigation is commenced, and regardless of the reason for advertisers actions or inactions, or related to your use of the advertiser’s goods, services or facilities, whether you acquired them directly from advertiser or from FVA.
2.5. If you enter a bid on an auctioned good or service on our site, and you have the highest bid at the end of the auction, at or above the minimum bid price, and your bid is accepted by FVA, you then automatically are obligated to complete the transaction and pay for the bid on item immediately at the end of the auction. Once made, bids may not be cancelled, rescinded, terminated, or amended by you for any reason. All bids are made in U.S. dollars only to be paid with Visa, Mastercard, American Express or Discover cards that are pre-registered by you for payment of amounts that are due to FVA. Your Acceptance of this Agreement constitutes your direction to FVA to charge the amount of your successful bids, and all other amounts identified as being due in connection with the successful bid, to the card identified by you to FVA during registration. Your credit card must be in your name unless the charges are pre-approved by the cardholder in a witting that is provided to us. This constitutes your payment instructions and is deemed to be your (or the cardholder’s) signature on file for all charges. Other than charging your pre-approved credit card, no other forms of payment accepted. All winning bids will be emailed a winning email and bidders must click on the link and pay for the won auction within 24 hours or the bid will be cancelled and the item will be relisted for sale. A 7% sales tax and processing fee will be added to all orders.
2.6. If you are the successful bidder on any good or service item, we will email to you a receipt, that we also refer to sometimes as a voucher. The voucher is only a receipt and has no cash value. We assign a unique identifier to each winning bid for each auction conducted on our site. The id number will be printed on your voucher. You must present the id number, your name, personal identification (such as a drivers license or passport) and the voucher to make a reservation or claim your purchased item. All reservations and claims for the goods and services must be made directly with the supplier at the numbers and locations identified to you by FVA. The supplier’s limitations on availability, cancellation or changing of reservations, quality of the service or good, and length of time within which the good or service must be claimed after purchase from us are disclosed to you at the time of bidding. FVA may not waive the supplier’s limitations and restrictions. Once purchased from us, your purchase is non-refundable, and non-cancelable. Your purchase includes all charges that have been identified in our description of the item, but no others. The supplier may not charge you any additional amounts for the item purchased from FVA, however additional goods or services purchased by you directly from the supplier are subject to additional charges and the supplier can require a credit card be provided to assure payment of additional items. FVA, not the supplier, will charge you for all sales, use, room and other applicable taxes on the item as purchased from FVA.
2.7. We own the items being auctioned by us. We acquired the goods and services as partial payment to us for advertising services that we provided to our suppliers. We reserve the right to set minimum bids and to withdraw any item from auction at any time, and to postpone, delay, interrupt, or cancel any auction for any reason, at any time prior to acceptance of a high bid. Bids must be raised by the posted bidding increments. Use of software to automatically submit bids, or to be notified of bids of others, is used at your own risk.
No Warranty; Limitation of Liability.
4.2. In lieu of all other remedies, your sole remedy against FVA for its breach of this agreement, or otherwise in contract, tort or by statute, is a refund of the bid amount paid by you to FVA for a good or service as to which you were the high bidder and that FVA fails to deliver to you as agreed. In the event that a third-party provider of the good or service fails to provide the good or service as agreed, then at your election, the third party will provide you with a comparable or better good or service at no additional cost, or the third party or FVA will provide you with a refund. If a good or service purchased by you is claimed by a third party before you claim the item, or there is any other dispute over whether you are entitled to claim the item, then FVA will resolve the dispute in its sole discretion. If the confidential identification number for the item was obtained from you, either because you lost it, it was stolen or otherwise, and the item is claimed with the I.D., then you are liable for the loss and not entitled to a duplicate item or a refund. If we determine that the I.D. was obtained other than from you, then you will be provided the item or a refund within our discretion.
Refund. Other than as provided for in Section 4.2, FVA shall not be liable to you, and you will have no remedy against FVA for any loss, damage or expense of any kind, including but not limited to, consequential, special, incidental or punitive damages or loss of profits, damages for lost profits or for damages based upon strict or absolute liability in tort, damages in contract or by statute, damages for lost data, spamming, viruses, interrupted transmissions, or unauthorized access to your account with FVA or your data stored by FVA, caused directly or indirectly by FVA’s performance or failure to perform hereunder, regardless of whether FVA has been informed of the possibility of such damages. Some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions shall only apply to the extent permissible under applicable law. FVA will not refund due to acts of god, viruses, weather, storms, etc unless it results in total property closure for the entire duration of valid dates for voucher.
Term. You need not access or use our website or services, but if you do then this Agreement applies to your access and use and it may not be terminated by you. We may suspend your access to this site without notice, for any or no reason, within our sole discretion, including if you breach this agreement.
Terms and Conditions Florida Statutes Section 529.927(11) provides in part that “A vacation certificate does not include prearranged travel, tourist-related services, or tour-guide services when a seller of travel remits full payment for the cost of such services to the provider or supplier within 10 business days of the purchaser’s initial payment to the seller of travel.” We receive prearranged travel from suppliers as partial payment for advertising services that we provide to the suppliers. The prearranged travel is fully paid for at the time it is provided to us, prior to our sale of the item to you and prior to your payment to us for the prearranged travel. As such, we do not sell “vacation certificates.” In the event that we were ever to offer or sell any vacation certificates those offers and sales would be done in accordance with the provisions of Florida Statutes Section 559.926 et seq. applicable to vacation certificates.
7.1. Notices required to be given herein, and otherwise between the parties, may be given to FVA at its customer support email address identified in its website and to you at the email address provide by you when registering with us, or may be given by certified mail return receipt request, or by personally delivery by a nationally recognized delivery service such as Fed-X. Notice is deemed given upon delivery.
7.2. This Agreement constitutes the entire Agreement and understanding between the parties as to the subject matter hereof, and supersedes and replaces all prior or contemporaneous agreements, written or oral, as to the subject matter. Information on FVA’s website is promotional in nature is not an agreement by Vacation. This Agreement may be amended only by FVA through the Acceptance procedure discussed elsewhere herein.
7.3. Neither this Agreement nor any provision hereof may be released, discharged, waived, abandoned, or modified in any manner, except by an instrument in writing executed by both parties. Any waiver of a default or condition hereof by either party shall not be deemed a continuing waiver of such default or condition. Any delay or omission by either party to exercise any right or remedy under this Agreement shall not be construed to be a waiver of any such right or remedy or any right hereunder
7.4. FVA and its advertisers, other suppliers of prearranged travel, and other third parties to whom there are active hyperlinks on our website, are not partners, joint venturers, and there is no other type of agency between them, and none may hold itself out as such, or as having any authority to bind or create obligations or liabilities for the other.
7.5. Headings are inserted only for the purpose of convenient reference and it is recognized that they may not adequately or accurately describe the contents of the provisions which they head. Such headings shall not be deemed to govern, limit, modify or in any other manner affect the scope, meaning or intent of the provisions of this Agreement or any part or portion thereof, nor shall they otherwise be given any legal effect.
7.6. Where the context of this Agreement requires, singular terms shall be considered plural, and plural terms shall be considered singular, and masculine, feminine and neuter pronouns shall be equivalent in meaning
7.7. You may not assign this Agreement or any of your rights or obligations hereunder, in whole or in part, without our written consent. Any purported assignment or delegation without our written consent shall be void. Subject to the foregoing, this Agreement is binding on and benefits the parties and their respective successors and assigns, heirs, estates, executors and other personal administrators.
7.8. In the event that FVA is unable to perform any of its obligations hereunder due to any cause beyond its control, such as wars, acts of God, weather, strikes, or failures of third-party suppliers to fulfill their agreements with Vacation (each a “Force Majeure”), then FVA’s performance hereunder shall be excused until such time as the applicable Force Majeure has ended. In the event that FVA must cancel an accepted high bid for an auctioned item due to a Force Majeure, then the amount paid by you on the bid shall be refunded and no other amounts will be due to you.
7.9. This Agreement shall be deemed to have been made in Orlando, Florida, and all licenses hereunder granted there, for all purposes and shall be governed exclusively by and construed in accordance with the laws of the State of Florida, without regards to conflict of laws, and the parties expressly opt out of all applicable international treaties and conventions that may impact the making, performance or enforcement of this Agreement. Notwithstanding the foregoing, the federal laws of the United States, all foreign laws and all international treaties and conventions that provide FVA with protections and/or rights in connection with FVA’s intellectual property and trade secrets shall apply. All actions relating to the making or performance of this Agreement shall be brought in the courts, state or federal, sitting in Orange County, Florida, and the parties hereby consent to the jurisdiction and venue of such courts. Notwithstanding the foregoing, FVA may bring suit in any court or before any other body if it deems it necessary to enforce or protect its intellectual property or confidential information, or to enforce its rights or Reseller’s obligations under this Agreement. This Agreement shall be interpreted in English only and all proceedings of any type related to this Agreement shall be conducted in English only. All amounts under this Agreement are in United States Dollars.
7.10. If any part of this Agreement is found by a court of competent jurisdiction to be unlawful, invalid or unenforceable, that part will be amended to achieve as nearly as possible the same economic effect as the original provisions, and the remainder of this Agreement will remain in full force.
Fulfillment. Auction winners will receive an automatic email within 24 hours of winning the auction. The email will include either a PDF link that will provide access to their voucher that they will need to redeem their hotel stay or attraction visit or with instructions of how physical tickets will be mailed to their address on file.
We value your business and, more importantly, your loyalty. We recognize that privacy is an important issue. We have developed this Statement to explain our practices regarding the personal information we collect from you or about you on this site or via our apps, through written or verbal communications with us, or from other sources. While this Statement broadly describes the practices we have adopted, local laws vary and some jurisdictions may place restrictions on our processing activities (e.g., certain jurisdictions may require affirmative consent to send marketing messages). Therefore, our actual practices in such jurisdictions may be more limited than those described herein in order to enable us to comply with local requirements. If you are a resident of the European Economic Area (EEA), please see Appendix A for additional information regarding our use of your personal information.
Collection, Management and Use of Information
When you register to bid on www.FloridaVacationAuction.com, or otherwise use our site or services, we collect your personal information that you specifically and voluntarily provide to us. You may choose to enter contests, receive e-mail or SMS/text alerts, bid on goods or services that we offer for auction, or participate in other activities through our website. It is completely optional for you to engage in these activities. If you elect to engage in these activities, however, Florida Vacation Auction may require you to provide us with personal information, such as your name, mailing address, e-mail address, credit card information and other personal identifying information. We ask for this information as a condition to your use of our services, and if you choose not to provide this information then you cannot bid with us or otherwise use our services.
By using any of our products or services and/or by agreeing to this Statement, e.g. in the context of registering for any of our products or services, you understand and acknowledge that we will collect and use personal information as described in this Statement.
We do not share, sell or rent your personal information with or to any other person or entity, except for our own subsidiary and parent entities, and to the respective third party that are the suppliers of the goods and services purchased by you from us or accessed by you from our website, and except for the marketing purposes discussed below.
FVA takes measures to protect the security of your personal information and to ensure that your choices for its intended use are honored, and to protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction, including SSL technology on all website served pages. Unfortunately, FVA cannot, and do not, guarantee that data transmission over the Internet are secure, or that a malicious third party will not be successful at misappropriating your personal information from our servers. As a result, you provide us with your personal information at your own risk.
Vacation utilizes a secure environment for credit card transactions. Once a transaction has cleared your credit card information is not stored by FVA.
Your Florida Vacation Auction account is password protected so that only you can access it and view the member information relevant to the account. We recommend that you do not divulge your password to anyone. Florida Vacation Auction will never ask you for your password in an unsolicited phone call or e-mail. Ultimately, you are responsible for maintaining the secrecy of your passwords and any account information.
If you are the successful bidder on an item that is auctioned by us, we will issue a Voucher ID to you. This is the unique identifier that entitles the holder to claim the good or service that you have purchased. We will email a receipt (called a voucher or certificate) to you, with the Voucher ID number. You have agreed to take all of the risk that this ID is not lost by or stolen from you. If it is then your goods or services may be claimed by a third party. You must assure that your own email and computer security is sufficient to guard the email and file with the ID. Once physical tickets are mailed to the address stored on file we can also not guarantee any unforeseen issues with mail delivery, if an improper address had been provided or theft of those tickets etc. We will be unable to replace the missing tickets if such an event occurs.
Third Party Suppliers
Unless you opt out, we will occasionally send to you in accordance with any preferences you have expressed, and with your consent where required, advertisements, marketing material, newsletters and other materials about our products and services or invite you to events via email, online advertising, social media, WeChat, WhatsApp, telephone, text message (including SMS and MMS), push notifications, in-app alerts, postal mail, phone and other means offers on our own behalf or on behalf of other businesses that we think might be of interest to you. This material is sent by FVA, not third parties, although we may use third party service providers such as an automated email service provider to serve our emails for example.
In addition, we collect other personal information in certain cases, such as:
Surveys: We may request demographic data or other personal information in customer surveys.
Social Media: If you choose to participate in FVA-sponsored social media activities or offerings, we may collect certain information from your social media account consistent with your settings within the social media service, such as location, check-ins, activities, interests, photos, status updates and friend list. We may also allow you to enter into contests to provide photos on trips won or purchased through us, such as of your vacation, which you may share with your connections on social media for votes, shared offers or other promotions.
Forward-to-a-Friend & Refer-a-Friend: We offer the ability that allows you to send an auction by server email with a message with a friend, as well as Refer-a-Friend feature to earn credits when those friends establish their own account with us, whether via the Internet, a stand-alone kiosk or mobile device. If you choose to use this feature, we will ask you for the recipient’s name and email address, along with the text of any message you choose to include. By using this feature, you represent that you are entitled to use and provide us with the recipient’s name and email address for this purpose.
In addition to the information we collect from you directly, we may also infer information about you based on the information you provide to us or from Other Information we collect.
You may change the communications you receive from us by logging on to your online account and managing your subscriptions, by writing to us (and including your email address) at Florida Vacation Auction, PO Box 771201 Orlando, FL 32877 USA, or by emailing us at: [email protected] .
If you prefer not to receive email marketing materials from us, you may opt-out at any time by using the manage preference or the unsubscribe function in the email you receive from us. To opt out of text messages, reply “STOP” to the message you received.
To be added to our do not call list, email: [email protected] Remove from Call List” in the subject line or body.
You may control whether our mobile apps send you push notifications by changing your notification settings on your mobile device. If we engage in sending you in-app messages, we will allow control for those in our appsâ€™ settings. For more information about cookies and interest-based advertising and to learn about how to manage these technologies, please see our Cookies Statement.
Special Notification for California Residents. Individual customers who reside in California and have provided their personal information to FVA may request information about our disclosures of certain categories of personal information to third parties for their direct marketing purposes. Such requests must be submitted to us at one of the following: [email protected] or Florida Vacation Auction, PO Box 771201 Orlando, FL 32877 USA. Within thirty days of receiving such a request, we will provide a list of the categories of personal information disclosed to third parties for third-party direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of these third parties. This request may be made no more than once per calendar year. We reserve our right not to respond to requests submitted to addresses other than the addresses specified in this paragraph.
If you are a California resident under the age of 18, and a registered user of any site where this policy is posted, California Business and Professions Code Section 22581 permits you to request and obtain removal of content or information you have publicly posted. To make such a request, please send an email with a detailed description of the specific content or information to [email protected]. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested.
You can choose to unsubscribe from receiving offers and other distributions at any time by following the unsubscribe instructions found in each e-mail or by contacting our Customer Support department. If you do not want your information to be used to inform you of other products and special offers from FVA or third parties, and you indicate this preference when you provide the information, FVA will honor your preference. In case you change your mind or some personal information may change (such as your zip code), we provide a way to correct, update or remove your personal information both on our website and with customer service at [email protected] .
Cookies, Other Tracking Technologies and Interest Based Advertising
We may also share with companies that show advertisements or auction offers on our pages general about your visits to our web site, in combination with non-personally identifiable information about your purchases and interests, and through use of pixel tags (also called clear gifs), to utilize targeted marketing strategies in providing you with services and advertising. Such advertisers do not have access to our cookies nor your personal information. If you would like more information about the information collection practices of third-party advertising companies, and to know your choices about not having this information used, contact us – including your email address – at Florida Vacation Auction Data Protection Officer, PO Box 771201 Orlando, FL 32877 USA, or by emailing us at [email protected] .
Florida Vacation Auction Attn: Customer Data Protection PO Box 771201 Orlando, FL 32877
ADDITIONAL PROVISIONS APPLICABLE TO PROCESSING OF PERSONAL INFORMATION OF EEA RESIDENTS
For individuals residing in the EEA, this Appendix outlines certain additional information that FVA is obligated to provide to you, as well as certain rights you have with respect to the processing of your personal information, pursuant to applicable local laws. Per the terms of the GDPR, individuals have 8 fundamental rights effecting how FVA can collect, store and use data, they are:
The right to be informed – in a completely transparent manner – how we are using personal data
The right of access – individuals will have the right to know exactly what information is held about them and how it is processed
The right of rectification – individuals will be entitled to have personal data rectified if it is inaccurate or incomplete
The right to erasure – also known as ‘the right to be forgotten’, this refers to an individual’s right to having their personal data deleted or removed without the need for a specific reason as to why they wish to discontinue
The right to restrict processing – an individual’s right to block or suppress processing of their personal data
The right to data portability – this allows individuals to retain and reuse their personal data for their own purpose
The right to object – in certain circumstances, individuals are entitled to object to their personal data being used. This includes how a company such as FVA uses personal data for the purpose of direct marketing, scientific and historical research, or for the performance of a task in the public interest.
Rights of automated decision making and profiling – safeguards to protect individuals against the risk that a potentially damaging decision is made without human intervention. For example, individuals can choose not to be the subject of a decision where the consequence has a legal bearing on them, or is based on automated processing.
This Appendix will control to the extent it conflicts with any provision in the main body of this Statement.
Data Protection Officer: Vacation’s Data Protection Officer may be contacted by email at [email protected], or at the following address:
Florida Vacation Auction Data Protection Officer
PO Box 771201 Orlando, FL 32877 USA
Purposes and Legal Basis for Processing: FVA processes your personal information for the purposes set forth in our Collection, Management and Use of Information section of the main body of this Statement.
The particular legal basis for the processing of your personal information is based on the purpose for which such information was provided or collected:
FVA Participation: We process the personal information obtained in connection with your participation and use of our FloridaVacationAuction.com on the basis of our Terms & Conditions contractual relationship with you and in furtherance of our business interests, including to personalize your use of our services and applications, to communicate news and promotional items, and to deliver personalized advertising and content.
Surveys: Completion of surveys is voluntary – we process the information obtained from surveys on the basis of your consent and in furtherance of our business interests, including marketing, service improvements, and analytics.
Social Media: Participation in FVA-sponsored social media activities and offerings is voluntary – we process information obtained from social media participation on the basis of your consent and in furtherance of our related business interests, including for marketing, service improvements, and analytics and service personalization, as described in our Privacy Statement (above).
Promotions and Sweepstakes: Participation in sweepstakes, contests and other promotional offerings is voluntary – we process the information obtained from such participation based on your consent and as necessary to administer the offering. We also use certain data for our business purposes, including for marketing, and analytics and service personalization, as described in our Global Privacy Statement (above).
Direct Marketing: We use your personal information to send you marketing messages on the basis of your consent. You may withdraw your consent for direct marketing communications at any time by contacting us at [email protected] or by following the unsubscribe instructions in the marketing message, or by logging in to your FVA account and updating your communication preferences.
Retention: We retain personal information about you for the time necessary to accomplish the purpose for which such information was collected, usually for the duration of any contractual relationship and for any period thereafter as legally required or permitted by applicable law. Our retention policies reflect applicable statute of limitation periods and legal requirements.
Data Subject Rights: Residents of the EEA have the following rights:
Access, Correction and Erasure Requests: You have the right to:
ask us to confirm whether we are processing your personal information
receive information on how your data is processed
obtain a copy of your personal information
request that we update or correct your personal information
request that we delete personal information in certain circumstances
Right to Object to Processing: You have the right to request we cease processing of your personal information:
for marketing activities, including profiling
for statistical purposes
where such processing is based on our legitimate business interests, unless we can demonstrate a compelling legitimate basis for such processing or we need to process your personal information for the establishment, exercise or defense of a legal claim
Right to Restrict Processing: You have the right to request that FVA limit the processing of your personal information:
while FVA is evaluating or in the process of responding to a request by you to update or correct your personal information
where such processing is unlawful and you do not want FVA to delete your data
where FVA no longer requires such data, but you want us to retain the data for the establishment, exercise or defense of a legal claim
where you have submitted an objection to processing based on our legitimate business interests, pending our response to such request
Where we limit the processing of your personal information pursuant to your request, we will inform you prior to re-engaging in such processing.
Data Portability Requests: You have the right to request that we provide you or a third party that you designate with certain of your personal information in a commonly used, machine readable format. Please note, however, that data portability rights apply only to personal information that we have obtained directly from you and only where our processing is based on consent or the performance of a contract.
Submitting Requests: your requests may be submitted by writing to at Florida Vacation Auction Data Protection Officer, PO Box 771201 Orlando, FL 32877 USA, or by emailing us at [email protected].
We will respond to all such requests within 30 days of our receipt of the request, unless there are extenuating circumstances, in which event we may take up to 60 days to respond. We will inform you if we expect our response to take longer than 30 days. Please note, however, that certain personal information may be exempt from such rights pursuant to applicable data protection laws. In addition, we will not respond to any request unless we are able to appropriately verify the requesterâ€™s identity. We may charge you a reasonable fee for subsequent copies of data that you request.
If you have concerns about our data practices or the exercise of your rights, you may either contact FVA at Florida Vacation Auction Data Protection Officer, PO Box 771201 Orlando, FL 32877 USA, or by emailing us at [email protected] , or the supervisory authority in the Member State of your residence.
Right to Withdraw Consent: You have the right to withdraw your consent to any processing that we conduct solely based on your consent (such as sending direct marketing materials to your personal email account). You may withdraw your consent to marketing activities by following the instructions on any marketing emails, or by contacting FVA at Florida Vacation Auction Data Protection Officer, PO Box 771201 Orlando, FL 32877 USA, or by emailing us at [email protected]. For any other activities for which you have previously consented, you may contact [email protected] withdraw such consent.
Segmentation (also referred to as profiling) and Automated Decision Making: We use personal information to divide large groups of consumers into sub-groups of consumers (known as segments) based on some type of shared characteristics such as geography, behavior, or demographics.
With your consent, we make automated decisions, meaning without human interference, using segmentation and/or your specific personal information to offer you certain benefits based on your characteristics (such as discounted room rates or other special offers based on your geography, behavior, or demographics). For example, we may send you special offers for hotels in Orlando, FL.