Legal Disclaimers

Last Updated 05/02/2018

The Bungalows at Calistoga , DBA 207 Wappo, L.L.C., values you as our guest and recognizes that privacy is important to you. We want you to be familiar with how we collect, use and disclose information. This Privacy Statement describes the privacy practices of The Bungalows at Calistoga in connection with information that we collect through websites operated by us from which you are accessing this Privacy Statement, including Thebungalowsatcalistoga.com and other websites owned or controlled by the 207 Wappo L.L.C. (collectively, the “Websites”), through the software applications made available by us for use on or through computers and mobile devices (the “Apps”), through our social media pages that we control from which you are accessing this Privacy Statement (collectively, our “Social Media Pages”), through HTML-formatted email messages that we send to you that link to this Privacy Statement, and through your communications with us and when you stay as a guest at one of our hotels or other properties (collectively, including the Websites, the Apps and our Social Media Pages, the “Online Services,” and together with offline channels, the “Services”). By providing Personal and Other Information to us, you agree to the terms and conditions of this Privacy Statement.

Personal Information

“Personal Information” is information that identifies you as an individual or relates to an identifiable individual. We may collect Personal Information such as:

  • Name, gender, home and work address, telephone number and email address, your business title, date of birth, passport, visa or other government-issued identification information;
  • Guest stay information, including the bungalow in which you have stayed, date of arrival and departure, goods and services purchased, special requests made, information and observations about your service preferences (including bungalow type, facilities, holiday preferences, amenities requested, ages of children or any other aspects of the Services used);
  • Telephone numbers dialed, faxes sent/received or receipt of telephone messages when connected to the telephone services we may provide guests during their stay;
  • Credit and debit card number;
  • Online user accounts details, profile or password details and any travel partnerprogram affiliation;
  • Employer or other relevant details if you are an employee of a corporate account,a vendor or other type of business partner (e.g., travel agent or meeting and eventplanner);
  • Additional contact information about you that we may obtain through third partieswith whom we do business (e.g. travel agents or similar providers);
  • Profile picture;
  • Social media account ID or user ID.If you submit any Personal Information relating to other people to us or to our service providers in connection with the Services (e.g., if you make a reservation for another individual), you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Statement.We and our service providers may collect Personal Information in a variety of ways, including:
  • Through Our Online Services: We may collect Personal Information when you make a reservation or otherwise purchase goods and services from us, communicate with us via online chat services, inform us of any special requests or preferences you may have, or sign up for a newsletter or participate in a survey, contest, or promotional offer.
  • Through Our Offline Services: We may collect Personal Information from you offline, such as when you visit one of our branded properties, make a reservation over the phone or contact customer service.
  • From Other Sources: We may receive your Personal Information from other sources, such as public databases, joint marketing partners, and other third parties. This may include information from your travel agent, airline, credit card, and other partners, and from social media platforms (including from people with whom you are friends or otherwise connected). For example, if you elect to login to, connect with or link to, the Online Services using your social media account, certain Personal Information from your social media account will be shared with us, which may include Personal Information that is part of your profile or your friends’ profiles.
  • From Authorized Licensees: The Bungalows at Calistoga and its affiliated companies (DBA 207 Wappo LLC) may from time to time enter into a license or similar agreement with a third party to sell products and services under The Bungalows at Calistoga. Such an “Authorized Licensee” is independent from 207 Wappo LLC. List of “Authorized Licensees” may be provided by email request: [email protected]

We may use Personal Information in a variety of ways, including:

  • To provide the services you request, such as to facilitate reservations, send confirmations or pre-arrival messages, to assist you with meetings, events or celebrations, and provide you with other information about the area and the hotel at which you are scheduled to stay.
  • To complete and fulfill your reservation and stay, for example, to process your payment, ensure that your bungalow is available, and provide you with related customer service.
  • In connection with our e-commerce website, your email address and phone number, as entered on your reservation, acts as an “account identifier”, allowing the transmission of your bill to your email address. If your “account identifier” number is applied to another person’s room reservation, or if you make a reservation for another person and provide your email address for that reservation, that person’s bill will be transmitted to your email address as well. It is your responsibility to inform that person that his or her bill will be emailed to you when your email address is attached to his/her reservation unless he/she makes alternative arrangements with customer service during the stay.
  • To send you administrative information, marketing communications, promotional offers, periodic customer satisfaction, market research or quality assurance surveys.
  • To personalize your experience when you stay in one of our hotels and with respect to the Online Services by presenting products and offers tailored to you.
  • To allow you to participate in promotions and to administer these activities. Some of these activities have additional rules, which could contain additional information about how we use and disclose your Personal Information. We suggest that you read any such rules carefully.
  • For our business purposes, such as data analysis, audits, security and fraud monitoring and prevention (including through the use of closed circuit television, card keys, and other security systems), 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.

We may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. In some instances, we may combine Other Information with Personal Information (such as combining your name with your location). If we do, we will treat the combined information as Personal Information as long as it is combined.

• Third Party Services: This Privacy Statement does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including any third party operating any site or service to which the Services link, third party payment services, or any third-party website that is the landing page of the high-speed Internet providers at our hotels. The inclusion of a link on the Online Services does not imply endorsement of the linked site or service by us or by our affiliates. We have no control over, and are not responsible for, this third party’s collection, use and disclosure of your Personal Information.

In addition, we are not responsible for the information collection, use, disclosure or security policies or practices of other organizations, such as Facebook, Instagram, Apple, Google, Microsoft, RIM or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer, including with respect to any Personal Information you disclose to other organizations through or in connection with the Apps or our Social Media Pages.

• Third Party Advertisers: We may use third-party advertising companies to serve advertisements regarding goods and services that may be of interest to you when you access and use the Online Services and other websites or online services, based on information relating to your access to and use of the Online Services and other websites or online services. To do so, these companies may place or recognize a unique cookie on your browser (including through use of pixel tags). If you would like more information about this practice, and to learn about your choices in connection with it, please visit http://www.networkadvertising.org/managing/opt_out.asp and http://www.aboutads.info/ . You may download the AppChoices app at www.aboutads.info/appchoices to opt out in mobile apps.

Personal Information Disclosure for Services We Provide

Your Personal Information may be disclosed in connection with the following services that we provide as a global hotel company:

  • Reservations: The Personal Information you provide to us for making a reservation is made available to the applicable hotel for the purpose of meeting your reservation request. After your stay we retain your Personal Information including details of your stay, preferences, room/accommodation type and amenities used.
  • Within our Group: We may disclose your Personal Information to other companies within The Bungalows at Calistoga for the purposes described in this Privacy Statement, such as providing you with services associated with your stay at one of our hotels and for the purpose of sending you marketing communications, consistent with your choices.
  • To Service Providers: We may disclose Personal Information to our third-party service providers who provide services such as spa, catering, transportation services, website hosting, data analysis, payment processing, order fulfillment, information technology and related infrastructure provision, customer service, email delivery, auditing and other services.
  • To Authorized Licensees: We may disclose your Personal Information to an Authorized Licensee in connection with the Services, including with respect to a reservation you book through us, in connection with offerings of Travel Related Services or to enable an Authorized Licensee to market and operate the business that it licenses. Such Personal Information may also include, for example, The Bungalows at Calistoga information. Please note that, if you visit a website operated by an Authorized Licensee, any Personal Information you provide through that website will be subject to the privacy policy of that Authorized Licensee and not to this Privacy Statement.
  • Travel Related Services: We may share your Personal Information with select third-parties with whom we have agreements allowing them to offer branded products to you. For example, this sharing enables these third-parties to provide you with a single source for purchasing packages that include other food/beverage items as well as any items featured during the stay. Please note that this Privacy Statement does not address any information you subsequently provide directly to one of these third-parties, such as information necessary to create reservations.
  • Through Social Media: We may disclose your Personal Information to your friends associated with your social media account, to other website users and to your social media account provider, in connection with your social sharing activity, such as if you connect your social media account to your Online Services account or log-into your Online Services account from your social media account. By connecting your Online Services account and your social media account, you authorize us to share information with your social media account provider, and you understand that the use of the information we share will be governed by the

social media site’s privacy policy. If you do not want your Personal Information shared with other users or with your social media account provider, please do not connect your social media account with your Online Services account and do not participate in social sharing on the Online Services.

In addition, when you elect to post information on message boards, chat, profile pages and blogs and other services to which you are able to post information and materials (including, without limitation, our Social Media Pages) any such information you post or disclose through these services will become public and may be available to other users and the general public. We urge you to be very careful when deciding to disclose any information on the Online Services.

• Corporate Reorganization: We may disclose your Personal Information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).

We may also use and disclose Personal Information 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 public and government 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; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.

Other Information

“Other Information” is any information that does not reveal your specific identity or

does not directly relate to an individual, such as:

  • Browser and device information
  • App usage data
  • Information collected through cookies, pixel tags and other technologies
  • Demographic information and other information provided by you
  • Aggregated informationIf we are required to treat Other Information as Personal Information under applicable law, then we may use it for the purposes for which we use and disclose Personal Information as detailed in this Statement.We and our third-party service providers may collect Other Information in a variety of ways, including:
  • Through your browser or device: Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version and the name and version of the Online Services (such as the Apps) you are using. We use this information to ensure that the Online Services function properly.
  • Through your use of the Apps: When you download and use an App, we and our service providers may track and collect App usage data, such as the date and time the App on your device accesses our servers and what information and files have been downloaded to the App based on your device number.
  • Using cookies: Cookies are pieces of information stored directly on the computer or mobile device that you are using. Cookies allow us to collect information such as browser type, time spent on the Online Services, pages visited, referring URL, language preferences, and other aggregated traffic data. We and our service providers use the information for security purposes, to facilitate navigation, to display information more effectively, to collect statistical information, to personalize your experience while using the Online Services and to recognize your computer in order to assist your use of the Online Services, such as for the online reservation process. We also gather statistical information about use of the Online Services in order to continually improve their design and functionality, understand how they are used and assist us with resolving questions regarding them.Cookies further allow us to select which of our advertisements or offers are most likely to appeal to you and display them while you are on the Online Services or

to send you advertisements and marketing emails. We may also use cookies or other technologies to track responses to our online advertisements and marketing emails. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to automatically decline cookies or be given the choice of declining or accepting the transfer to your computer of a particular cookie (or cookies) from a particular site. You may also wish to refer to http://www.allaboutcookies.org/manage-cookies/index.html . You can choose whether to accept cookies by changing the settings on your browser or by managing your tracking preferences by clicking on “Tracking Preferences” at Thebungalowsatcalistoga.com. If, however, you do not accept cookies, you may experience some inconvenience in your use of the Online Services. For example, we may not be able to recognize your computer, and you may need to log in every time you visit. You also may not receive advertising or other offers from us that are relevant to your interests and needs. At this time, we do not respond to browser “Do-Not-Track” signals.

  • Using pixel tags and other similar technologies: Pixel tags (also known as web beacons and clear GIFs) may be used in connection with some Online Services to, among other things, track the actions of users of the Online Services (including email recipients), measure the success of our marketing campaigns and compile statistics about usage of the Online Services and response rates. We also use Google Analytics and Adobe Analytics, which uses cookies and similar technologies to collect and analyze information about use of the Services and report on activities and trends. These services may collect information regarding the use of other websites, apps and online resources. You can learn about Google’s practices by going to www.google.com/policies/privacy/partners/ , and opt-out by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout . You can learn more about Adobe and opt-out by visiting http://www.adobe.com/privacy/opt-out.html .
  • Using Adobe Flash technology (including Flash Local Shared Objects (“Flash LSOs”)) and other similar technologies: We may use Flash LSOs and other technologies to, among other things, collect and store information about your use of the Online Services. If you do not want Flash LSOs stored on your computer, you can adjust the settings of your Flash player to block Flash LSO storage using the tools contained in the Website Storage Settings Panel . You can also control Flash LSOs by going to the Global Storage Settings Panel and following the instructions (which may include instructions that explain, for example, how to delete existing Flash LSOs (referred to as “information” on the Macromedia site), how to prevent Flash LSOs from being placed on your computer without your being asked, and (for Flash Player 8 and later) how to block Flash LSOs that are not being delivered by the operator of the page you are on at the time). Please note that setting the Flash Player to restrict or limit acceptance of Flash LSOs may reduce or impede the functionality of some Flash applications, including those used in connection with the Online Services. For more information, you may also wish to refer to https://helpx.adobe.com/flash-player/kb/disable-local-shared- objects-flash.html
  • IP Address: Your IP address is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). An IP address may be identified and logged automatically in our server log files whenever a user accesses the Online Services, along with the time of the visit and the page(s) that were visited. Collecting IP addresses is standard practice and is done automatically by many websites, applications and other services. We use IP addresses for purposes such as calculating usage levels, diagnosing server problems and administering the Online Services. We may also derive your approximate location from your IP address.
  • Physical Location & Mobile Location-Based Services: We may collect the physical location of your device by, for example, using satellite, cell phone tower, Wi-Fi signals, or other technologies. We may use your device’s physical location to provide you with personalized location-based services and content, including enabling you to find a hotel near you.We may also share your device’s physical location, combined with information about what advertisements you viewed and other information we collect, with our marketing partners to enable them to provide you with more personalized content and to study the effectiveness of advertising campaigns. In some instances, you may be permitted to allow or deny such uses and/or sharing of your device’s location, but if you do, we and/or our marketing partners may not be able to provide you with the applicable personalized services and content.
  • By aggregating information: Aggregated Personal Information does not personally identify you or any other user of the Services (for example, we may aggregate Personal Information to calculate the percentage of our users who have a particular telephone area code).

Use & Disclosure of Other Information

We may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. In some instances, we may combine Other Information with Personal Information (such as combining your name with your location). If we do, we will treat the combined information as Personal Information as long as it is combined.

• Third Party Services: This Privacy Statement does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including any third party operating any site or service to which the Services link, third party payment services, or any third-party website that is the landing page of the high-speed Internet providers at our hotels. The inclusion of a link on the Online Services does not imply endorsement of the linked site or service by us or by our affiliates. We have no control over, and are not responsible for, this third party’s collection, use and disclosure of your Personal Information.

In addition, we are not responsible for the information collection, use, disclosure or security policies or practices of other organizations, such as Facebook, Instagram, Apple, Google, Microsoft, RIM or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer, including with respect to any Personal Information you disclose to other organizations through or in connection with the Apps or our Social Media Pages.

• Third Party Advertisers: We may use third-party advertising companies to serve advertisements regarding goods and services that may be of interest to you when you access and use the Online Services and other websites or online services, based on information relating to your access to and use of the Online Services and other websites or online services. To do so, these companies may place or recognize a unique cookie on your browser (including through use of pixel tags). If you would like more information about this practice, and to learn about your choices in connection with it, please visit http://www.networkadvertising.org/managing/opt_out.asp and http://www.aboutads.info/ . You may download the AppChoices app at www.aboutads.info/appchoices to opt out in mobile apps.

Security

We seek to use reasonable organizational, technical and administrative measures to protect Personal Information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your account has been compromised), please immediately notify us in accordance with the “Contacting Us” section below.

[email protected]

Minors

The Services are not directed to individuals under the age of eighteen (18), and we request that they not provide Personal Information through the Services.

Digital Entry Terms of Use

  1. Upon receiving a digital key code, the first night’s charges will be applied to your credit card on file.
  2. Credit and Debit Card Processing
    • Upon check-in, your card issuing bank will place a hold on your debit or creditcard for room & tax charges, any applicable resort fees, plus $50.00 forincidentals per day for the entire stay.
    • This hold will not be released by the issuing bank for up to five (5) business daysafter your departure.
    • You authorize us to place this hold against your credit or debit card to guaranteeany and all charges and, in the event that you do not settle your account subsequent to your departure, you hereby authorize us to charge your credit or debit card or apply funds you have on deposit with us against what you owe.
  3. Every effort will be made to accommodate your requests for specific bungalow type and location, however, we are unable to guarantee any requests of bungalows and will assign an available unit upon check in. Additional fees may apply depending on the specific requests.
  4. Nightly Resort Fees (including any city and state taxes) may apply.
  5. Additional charges per occupant, per night, above 2 occupants per room may apply.
  6. Regardless of billing or master account arrangements, you are liable for any and allcharges posted to your bungalow(s). You are further liable for all damages to thebungalow(s) caused by you or your guests/invitees during your stay.
  7. If there is evidence of smoking in your room you will incur a deep cleaning fee chargedto your account.
  8. Should your plans require you to adjust your departure date, please check with thewebsite for availability, but note that your rate is subject to change. Please notifycustomer service immediately if there are any errors to name, rate or length of stay.
  9. You agree that any guests in your bungalows are authorized by you to be in thebungalows and therefore, responsible for any incidental charges that may occur.
  10. By providing your e-mail address, you consent to receiving promotional e-mails fromThe Bungalows at Calistoga and its related and/or affiliated properties. For informationon our privacy policy, please visit Thebungalowsatcalistoga.com/privacy.
  11. You may enroll to receive special offers by agreeing to the use of beacon technology.Beacon technology allows us to collect information about your location within participating hotels through your mobile phone or device’s Bluetooth or similar capabilities in combination with technology implemented by our properties. We will only gather these kinds of location information if you agree to share them with us by opting-in within the website (either during your initial login or later) to receive the special offers and by enabling these capabilities on your mobile device. Once you have opted-in to receive special offers and consented to our gathering of location information, the The Bungalows at Calistoga will continue to collect location information until you log off (it will gather location information if it is running in the background).
  12. To the maximum extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude any liability for any direct,
Legal Disclaimer

indirect or consequential loss or damage incurred by any user in connection with his/her use, or inability to use, a digital key code, including, without limitation any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

  1. In the event required by local law, we may ask you to manually sign a guest registration card, provide identification and/or provide information on any vehicles you may have on the hotel premises.
  2. For your Security
    • Secure deadbolt and door-guard.
    • Use viewport to ID all visitors.
    • Safeguard and keep your keycard info and personal electronic device containingyour digital guestroom key code with you at all times.
    • Ensure that all windows and doors are locked

Updates to Privacy Statement

We may change this Privacy Statement. The “LAST UPDATED” legend at the top of this page indicates when this Privacy Statement was last revised. Any changes will become effective when we post the revised Privacy Statement on the Online Services. Your use of the Services following these changes means that you accept the revised Privacy Statement.

Contact Us

If you have any questions about this Privacy Statement, please contact us at

Privac[email protected]

Because email communications are not always secure, please do not include credit card or other sensitive information in your emails to us.

Legal Disclaimer
Legal Disclaimer