“Personal Information” is information about an identifiable individual. Personal Information does not include information about a business or aggregated information that cannot be associated with a specific individual.
This Policy does not apply to information about Powder Mountain’s employees or to information that is not Personal Information.
PERSONAL INFORMATION POWDER MOUNTAIN COLLECTS AND HOW IT IS USED
Powder Mountain collects Personal Information in a number of circumstances during the course of operating our mountain resort adventure, resort hospitality, and real estate businesses. We use this information to provide you with the best possible service and to meet our reasonable business needs.
(a) We collect your personal information when you purchase a product or service or enroll in a program
When you purchase a product or service, make a reservation or enroll in a program, we collect personal information to process the transaction and administer the program. We may also send you information relating to your purchase, reservation or program. For example, if you make a reservation at our resort, we may send you information about the activities, events or offers taking place at the resort. The information we may collect and use for these purposes includes but is not limited to your:
- name and contact information to identify and communicate with you
- medical information, such as allergies or medical conditions that we need to be aware if you are participating in lessons or other programs, or if you have dietary restrictions
- payment card information to process transactions
- age and/or birth date
- biometric data (such as height, weight) where this information is necessary in connection with the product, service, program or activity that you have requested (for example, we may need gender, height and weight to provide you with appropriate rental equipment)
- photograph to identify you as a guest
- status as the parent or guardian of a minor guest, if applicable
- experience preferences (such as preferred lodging room type)
- geographic location.
In some cases, you may provide us with personal information relating to a family member or other individual. By providing us with personal information relating to an individual other than yourself, you represent that you have their consent to provide us with their personal information for the purposes described in this Policy.
(b) We collect your personal information when you visit our resort and use Powder Mountain pass products and tickets or web applications.
When you purchase or use Powder Mountain pass products and tickets, we may collect information regarding your geographic location, activities and purchases while you are at Powder Mountain resort. Powder Mountain pass products and tickets use handheld scanner technology. Through the use of this technology, Powder Mountain may be able to collect information regarding your location at the resort, including the lifts that you ride, and depending on whether you have a payment card linked to your pass product, other commercial transactions that you complete at retail or restaurant locations. We use this information to understand how our guests use the resort and to understand your personal preferences.
Depending on your marketing preferences, we may also use this information to send you offers, invitations or promotions relating to our locations, products, services or programs that we believe may be of interest to you. For example, we may monitor your commercial transactions or browsing habits on our websites or at our resort which may influence the personalized special offers and promotions that we send to you.
Powder Mountain has an application available for download to your mobile device (“App”). The download and use of the App will allow you convenient access to the great experiences that our resort have to offer, including the ability to purchase lift tickets, track and share your performance, create social groups with whom you can share information, access mountain wayfinding, weather and lift info, and receive in-App notifications (collectively, the “Apps Services”). If you access the App, then we may be able to collect information about you, including your geographic location, activities, and purchase history. We may also associate the information collected through your use of the App to your customer profile, including your pass product and pass scan data.
The App automatically collects detailed location and navigation information, in the form of GPS signals from the mobile device on which you have installed and activated the App (“App Location Information”). Whenever you open, use or interact with the App Services, we use your App Location Information (e.g., latitude and longitude) to tailor the App Services experience to your current location. We also use your App Location Information to provide certain App Services, including to send you notifications of friends, events, or other relevant information that are near you. If you have ‘background location’ turned on, the App may, from time to time, tell us about your device’s location even if you are not directly interacting with the App. We may use various technologies to determine your App Location Information, such as location services of the applicable operating system or browser, GPS, Bluetooth, i-Beacon, and sensor data from your devices, along with nearby Wi-Fi access points and cell towers, and other technologies to determine your mobile devices’ approximate location.
The App may also share your App Location Information on a map or by communicating your distance and general direction to other users. You should only share your Location Information with those that you trust. You understand that the nature of location-based services is such that your App Location Information is available to you and other users, and that we cannot control what you or other users, who receive this information when using the App or the App Services, will do with it.
If you do not wish for the App to track your App Location Information, you should turn off the App Location Information tracking feature in the App settings menu. If you turn off the App Location Information feature, some features of the App and App Services cannot be provided without using this standard technology. For example, the App Services use your location and route information to create a detailed location history of all of your journeys made when using the App and App Services. The Apps use this history to offer the App Services to you, to improve the quality of the App Services it offers to you and to all of its users and to improve the accuracy of its mapping and navigation data.
You may be able to take part in certain activities within our App Services that let you communicate or share information not just with us, but also with other users. These include:
- sending private or group messages or content to other users
- chatting with other users
- sharing performance metrics, such as your total days skied, vertical feet skied, and number of chairlift rides
- sharing photos or drawings with other users.
We record and store archives of this data on servers to provide these features as well as to protect our rights and property in connection with our App Services and you acknowledge and agree to our storage of this data.
We may use video surveillance for the safety and security of our guests, employees and property. We will retain video recordings for as long as reasonably necessary for these purposes. We may also use live stream webcams in outdoor public areas either on mountain or in the base area. These live web cam feeds can be accessed by anyone via an internet connection.
(c) When you submit an inquiry or provide feedback
We may collect your name, contact information, and comments or questions when you submit an inquiry or comment, complete a survey or otherwise provide us with feedback about our business. We may use this information to respond to your question and to improve our business, products, services, and programs.
(d) When you participate in a marketing initiative or create an online account
If you choose to create an online account profile, we may collect your name, contact information, age, gender, birth date, personal image, username and password and other information that you choose to provide (such as your preferences).
We may also collect your name, contact information, age and/or date of birth if you decide to participate in a marketing initiative such as a contest, sweepstakes or other promotion. In some cases we may also ask you specific questions about your preferences or for feedback on our business, products, services and programs. We use this information to administer the promotion, including contacting and announcing winners (where applicable), to improve our business, products, services and programs, and for marketing initiatives depending on your marketing preferences.
(e) When you call our call center or we call you
We may record calls into and out of our call center for the purposes of maintaining accurate records and for quality assurance and training purposes. We will retain call recordings for as long as reasonably necessary for these purposes.
(f) We collect your personal information from third parties
If you are a resident of the U.S., Powder Mountain may also supplement the Personal Information that you provide to us with information that we obtain from third parties.
COLLECTION OF INFORMATION THROUGH COOKIES AND OTHER TRACKING TECHNOLOGIES
When you visit the Powder Mountain website or use a resort web application, your web browser sends us certain information depending on the web browser that you use and your security settings. This information may include your IP address, the name and version of your operating system, the name and version of your web browser, other technical data information, whether you accessed our website from a computer or a mobile device, when you open emails we send you, the date, time, and duration of your visit, and geolocation data. This web browser data helps with system administration, traffic reposting, and auditing. It also helps us better understand who our guests are, how they use our services, and what we can do to improve the user experience. We may use this information to offer you products and services and to create aggregate statistics. This helps us improve your experience both online and at our resorts.
Powder Mountain also uses “cookies” to customize your website user experience by tailoring online content to align with your browsing habits. Cookies are small pieces of data, stored on your hard drive that send us information about your online browsing habits, including login and browsing history, button impressions, and personal preferences. Cookies also tell us under which account a user is logged in to our website and this information helps us protect your information by making sure your personal preferences are only displayed when you are actually logged in. Some cookies are also required to support the functionality of your transaction (e.g. putting items in your shopping cart).
A Web Beacon is a tiny graphic with a unique identifier which is placed in the code of a web page. Powder Mountain uses Web Beacons to count visitors to its websites and to monitor the traffic patterns within our website, to deliver or communicate with cookies, to understand how you have come to our site, and to improve site performance. Web Beacons help us to measure the effectiveness of our content and other offerings.
You can choose to disable cookies using your web browser’s preferences menu. By turning off cookies, we will still be able to track your browsing history during a single visit to our website however, we will not be able to link your browsing history during each of these visits to you, as you will be considered a new visitor each time you visit our website.
Web Beacons will no longer be able to track your activity on our website however, the Web Beacon may be able to continue to track activity based on your IP address. Be aware that turning off cookies may disable certain functions on the website and cause it not to function properly or fully.
Powder Mountain may include links to third-party sites on our website. When you click on those third-party links, you leave our website. This Policy does not apply to third-party sites or any information that you provide on those sites.
POWDER MOUNTAIN MAY COMBINE YOUR PERSONAL INFORMATION
Powder Mountain may combine the Personal Information that you provide, or that we collect, in order to better understand your needs, requirements, and personal preferences so that we may improve our business, products, services, and programs and optimize your experience when you visit our resort, or when you are dealing with one of our team members, a call center representative, a Powder Mountain agent or other authorized third party.
Depending on your marketing preferences, we may also use this information to send you offers, invitations or promotions relating to our resort, products, services or programs that we believe may be of interest to you. For example, we may monitor your commercial transactions or browsing habits on our website or at our resort which may influence the personalized special offers and promotions that we send to you.
WHEN POWDER MOUNTAIN SHARES PERSONAL INFORMATION
Powder Mountain does not sell your Personal Information. We may, however, share your Personal Information with third parties in the following circumstances:
- Service Providers – Powder Mountain may share your personal information with third-party service providers (including affiliates acting in this capacity) who provide services on our behalf such as payment card processors, call center administrators, web-site hosting, data management, identity verification (for example, in order to confirm your eligibility for special offers, such as military discounts), market analyses, marketing, advertising, and contest administration, or your personal information may be collected by such service providers on our behalf.
- Partners - Powder Mountain may disclose your Personal Information to third-party partners in situations where the disclosure is necessary in order to complete or provide the service, product, or information that you have purchased or requested. For example, we may disclose your Personal Information to a third-party tour operator if you purchased a tour from the third-party tour operator using our resort website.
- Corporate Transactions – Powder Mountain may disclose your Personal Information to another entity, if necessary, in the event of an actual or proposed merger, sale, a re-organization including as part of insolvency or bankruptcy proceedings, or for the purposes of evaluating and/or performing such transaction.
- Special Circumstances – Powder Mountain may consider it necessary or may be required by law to disclose your Personal Information with our attorneys, or with others who are legally authorized in certain emergencies where the health, safety, or well-being of a person is at imminent risk, or if required in order to comply with a court order, or as otherwise required to comply with the law.
Powder Mountain collects, uses and discloses your Personal Information as outlined in this Policy and with your consent, except where permitted or required otherwise by law. We may be required or permitted under statute or regulation to collect, use or disclose Personal Information without your consent, for example to comply with a court order, to collect a debt owed to us or if there is an imminent threat to an individual’s health, safety, or well-being.
Your consent may be express (for example, oral, written, or electronic) or your consent may be reasonably inferred or implied from something that you do (for example, use of our websites, implies consent to the collection, use and disclosure of your Personal Information as described in this Policy). In some instances, an authorized representative may consent on your behalf. In the case of minor children, a parent or legal guardian may consent to our collection, use and disclosure of a minor’s Personal Information.
You may withdraw your consent at any time, subject to legal or contractual restraints. However, your withdrawal of consent might affect your experience and Powder Mountain’s ability to provide products or services to you, or quick and accurate service to you either on-line or through our service agents.
If you do not consent to the collection, use and disclosure of your Personal Information online as described in this Policy, do not use our website.
HOW TO MANAGE YOUR MARKETING PREFERENCES
If you no longer want Powder Mountain to use your personal information for marketing purposes, including to send you promotional communications, you may contact us (see “Contact Us” section below) and ask to be removed from our mailing and/or contact lists. We may ask you for more information where required to identify you correctly.
You may also manage your email subscriptions by clicking on “Unsubscribe” to stop receiving future promotional communications from us, or by clicking on “Manage My Email Preferences” found at the bottom of any of our emails you receive to manage your email subscriptions.
If you wish to stop receiving text messages from us, please either reply “STOP” to the text message, contact the front desk of the relevant property, or contact us with your request (see “Contact Us” section below).
Children Under 13: Powder Mountain does not knowingly collect Personal Information from children under the age of thirteen, without prior consent of the child’s parent or legal guardian. Powder Mountain’s website and social media pages available online are not directed to users under the age of thirteen. If you believe that your child under the age of thirteen may have provided Powder Mountain with Personal Information online please contact us at email@example.com and we will take appropriate action.
Powder Mountain requires the consent of the child’s parent or guardian for a child under the age of 13 to open an account or create profile related to an App. Parents and guardians understand that the App may collect information about their child, such as photos, chat sessions, location information and the lifts that the child has skied or boarded. Powder Mountain collects this information for the limited purpose of providing the App Services. Powder Mountain does not collect or use this information to market products or services to children, and Powder Mountain will not sell this information. To disable your child’s account, request a copy of the information, or ask a question about the App and your child’s data, parents and guardians should contact Powder Mountain at firstname.lastname@example.org.
ACCESS AND CORRECTION
Request a Copy: To obtain access to, or a copy of, your Personal Information that we have on file for little or no cost contact email@example.com" href="mailto:firstname.lastname@example.org" style="box-sizing: border-box; background-color: transparent; color: rgb(33, 33, 33); text-decoration: none;">email@example.com or send a written request to 3923 N. Wolf Creek Drive, Eden Utah 84310 Attention: General Counsel. Access to this information may be denied if you are unable to verify that you are the subject of the request. Information may also not be provided when giving you access to the information would threaten someone’s life or security, reveal third-party Personal Information, breach confidentiality, violate attorney/solicitor-client privilege, disrupt a formal dispute resolution, or impede a law enforcement investigation.
Accuracy: We endeavor to ensure that your Personal Information is as accurate, complete, and as up to date as necessary for the purposes for which it will be used or shared. If you would like to request correction of your Personal Information that we have on file you may write to us at firstname.lastname@example.org" href="mailto:email@example.com" style="box-sizing: border-box; background-color: transparent; color: rgb(33, 33, 33); text-decoration: none;">firstname.lastname@example.org or 3923 N. Wolf Creek Drive, Eden Utah 84310 Attention: General Counsel.
HOW WE PROTECT YOUR INFORMATION
We will generally keep your Personal Information on file for a reasonable period of time to meet our needs as described in this policy and as applicable, the needs of the parties to whom we disclose it. This file will be maintained on our servers or those of our service providers and will be accessible by our authorized employees, service providers and representatives. We maintain reasonable and systematic controls, schedules, and practices to retain and destroy Personal Information.
Internal Protections: Powder Mountain protects Personal Information by security safeguards appropriate to the sensitivity of the information. We have policies and practices to protect against loss, theft, unauthorized access, disclosure, copying, use, modification, or destruction. While we make efforts to protect your information we are not in a position to guarantee that your Personal Information will always be secure. There may be factors beyond Powder Mountain’s control which may result in loss or theft, or unauthorized access, use or disclosure of your Personal Information. As a consequence, we disclaim any warranties or representation on non-disclosure of your Personal Information. You may contact Powder Mountain’s General Counsel at the address below with any question, concern or complaint.
External Protections: To protect information disclosed to service providers, Powder Mountain uses contractual or other means to provide a similar level of protection so that service providers treat the information confidentiality, implement appropriate security measures and only use and disclose the information for the purposes of providing the applicable services.
Please be aware that your information may be transferred to, stored and processed by Powder Mountain and its affiliates and service providers regardless of the jurisdiction where they are situated. To the extent disclosed in foreign jurisdictions, your Personal Information will be subject to applicable foreign laws, which may permit foreign government, regulatory or national security authorities to have access to your Personal Information in certain circumstances. By providing us with your information, you understand that your information may be transferred those third parties with whom we share it as described in this Policy.
If you have any questions regarding our privacy practices, you may contact us at:
3923 N. Wolf Creek Drive
Eden, Utah 84310
Attention: General Counsel
SUBJECT TO CHANGE
This Policy is subject to change, and may be supplemented or modified at any time. You should check this site regularly to stay up-to-date about changes to this Policy. If material changes are made, we will notify you by placing prominent notice on our website https://powdermountain.com/privacy.