1. Children’s Online Privacy Protection Act (“COPPA”)

Our Services are not designed for children under 13, and we do not intentionally or knowingly collect Personal Information from users who are under the age of 13 or from other websites or services directed at children. If we discover that a child under 13 has provided us with Personal Information, we will delete such information. 

2. Collected via Technology

• In an effort to improve the quality of the Services, we reserve the right to track information provided to us by your browser or by our software application when you view or use the Services, such as the website you came from (known as the “referring URL”), the type of browser you use, the device from which you connected to the Services, the time and date of access, and other information that does not personally identify you. We track this information using Cookies. Cookies are sent to a user’s browser from our servers and are stored on the user’s computer hard drive or mobile device. Sending a Cookie to a user’s browser enables us to collect Non-Personal information about that user and keep a record of the user’s preferences when utilizing our Services, both on an individual and aggregate basis. Please review the Cookie Policy for more information.

• We may also use third party analytics services such as Google Analytics, Google Tag Manager, Hello Bar, iHeartRadio tags, Facebook Pixels and White Pine CMS and others to collect information about how you use and interact with our Services. Such third-party analytics services may use Cookies to gather information such as the pages you visited, your IP address, a date/time stamp for your visit and which website referred you to the Website.

Google Analytics is an analytics service provided by Google LLC. (US). To learn more about Google Analytics, please click on the links below.

• https://support.google.com/analytics/answer/7318509?hl=en

• https://policies.google.com/technologies/partner-sites

• https://support.google.com/analytics/answer/6004245

 
You may opt-out of Google Analytics for display advertising or customize Google display network ads by managing your privacy controls on Google’s website. 

• Our Website uses social media connectors. They are social media buttons, such as Facebook, Instagram, Pinterest and TripAdvisor, you see on our Website that allow you to connect and learn more about us and interact with us, our users and marketing partners. We technological equivalents of Cookies, including social media pixels. These pixels allow social media sites to track visitors to outside websites so as to tailor advertising messages users see while visiting that social media website. We use these pixels in compliance with the policies of the various social media sites. 

These social media third-party providers may combine your information with other information they have about you. Your interactions and the Personal Information that is shared with them will be governed by the third-party provider’s privacy policy and will apply to any Personal Information Clay’s Resort may access through the third-party provider.

• Some content or applications, including advertisements, on the Services are served by third parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use Cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Services. The information they collect may be associated with your Personal Information or they may collect information, including Personal Information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third parties’ tracking technologies or how they may be used and we are not liable for any third party providers, acts or omissions. If you have any questions about an advertisement

3. Information We Obtain From Other Sources

Our Booking Partners, Customer Relationship Management provider(s), our affiliates, data analytics providers, advertising networks, internet service providers, operating systems and platforms and social networks may also provide us information about you. We may also collect information from publicly available sources. For example, if you submit a job application, or become an employee, we may conduct a background check.

4. Use of Your Personal Information.

In addition to the purposes and uses described above, we use information in the following ways: 

• to provide our Services;

• to identify you as a user in our system;

• to provide support and improved administration of the Services;

• to improve the quality of experience when you interact with the Services;

• to send you administrative email notifications, such as security or support and maintenance advisories;

• to improve our Services and offerings;

• to provide you the rewards that you’ve earned by using the Services;

• to promote the security of our Site and Services;

• to conduct analytics;

• to respond to inquiries related to support, employment opportunities, or other requests;  

• to send marketing and promotional materials including information relating to our products, services, sales, or promotions, or those of our business partners; 

• for internal administrative purposes, as well as to manage our relationships; 

• to comply with legal obligations, as part of our general business operations, and for other business administration purposes; and

• in very limited circumstances where we believe necessary to investigate, prevent or act regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person or violations of this Privacy Notice.

5. Use of Non-Personal Information

In general, we use Non-Personal Information to help us improve the Services and customize the user experience. We also aggregate Non-Personal Information in order to track trends and analyze use patterns on the Services. This Privacy Notice does not limit in any way our use or disclosure of Non-Personal Information and we reserve the right to use and disclose such Non-Personal Information to our partners, advertisers and other third parties at our discretion.

6. How We Share Your Information

As a general rule, we do not sell, rent, lease or otherwise transfer any information collected either automatically or through your voluntary action. We may disclose your Personal Information as described below and as described elsewhere in this Privacy Notice: 

• Affiliates and Acquisitions. We may share information with our corporate affiliates (e.g., parent company, sister companies, subsidiaries, joint ventures, or other companies under common control).  

• Business Transfers. If (i) Clay’s Resort is acquired by, merges with, or receives investment from  another company or (ii) if any of Clay's Resort’s assets are or may be transferred to another company, whether as part of a bankruptcy or insolvency proceeding or otherwise, we may transfer the information we have collected from you to the other company. As part of the business transfer process, we may share certain of your Personal Information with lenders, auditors, attorneys and consultants, including at the negotiation stage.

• Third Parties, Service Providers/Processors and Integrations We may share your Personal Information with third party service providers to provide you with the Services that we offer you; if applicable, to process any payments in connection with the Services, to conduct quality assurance testing; to perform marketing; to run data analysis;; to provide technical support; and/or to provide future services to you.  The third-parties. Service providers/processors we are engaged with and/or third-party products and/or services we use to provide the Services can be found here <LINK>.

We may also integrate third-party products and Application Programming Interface (“API”) in connection with the Services that we offer you. User data collected via the API is subject to the privacy policies of those third parties and Clay's Resort does not own or control those third parties.

Please note that if you access third-party services, including Facebook, Instagram, Pinterest or TripAdvisor through the Services to login to the Services or to share information about your experience on the Services with others, these third-party services may be able to collect information about you, including information about your activity on our Website or through the Services, and they may notify your connections on the third-party services about your use of the Services, in accordance with their own privacy policies.

• Booking Partners.  Reservations are handled directly with our applicable booking partner such as Campspot or other such booking company (“Booking Company”). You can also make reservations through third party services, as described below. If you make a reservation through our Site using the Booking Company, the Booking Company will collect and process Personal Information about you in order to process and manage your reservation and for other purposes described in this Privacy Notice.

• Other Disclosures with Your Consent.  We may ask if you would like us to share your information with other unaffiliated third parties who are not described elsewhere in this Privacy Notice.

• Other Disclosures without Your Consent. We may disclose information in response to subpoenas, warrants, or court orders, or in connection with any legal process, or to comply with relevant laws.  We may also share your information in order to establish or exercise our rights, to defend against a legal claim, to investigate, prevent, or take action regarding possible illegal activities, suspected fraud, safety of person or property, or a violation of our policies, or to comply with your request for the shipment of products to or the provision of services by a third party intermediary.

7. Your Rights and Choices Regarding the User of Your Personal Information

You can make the following choices regarding your Personal Information:

1. Access To Your Personal Information. You may request access to your Personal Information by contacting us at the address described below. If required by law, upon request, we will grant you reasonable access to the personal information that we have about you.  We will provide this information in a portable format, if required.  Note that California residents may be entitled to ask us for a notice describing what categories of Personal Information (if any) we share with third parties or affiliates for direct marketing.  Please see our Notice to California Residents for additional information.

2. Changes To Your Personal Information. We rely on you to update and correct your Personal Information.  If our Site does not permit you to update or correct certain information, you contact us at the address described below in order to request that your information by modified. Note that we may keep historical information in our backup files as permitted by law.  

3. Deletion Of Your Personal Information.  Typically we retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice, unless a longer retention period is required or permitted by law.  You may, however, request information about how long we keep a specific type of information, or request that we delete your Personal Information by contacting us at the address described below.  If required by law we will grant a request to delete information, but you should note that in many situations we must keep your Personal Information to comply with our legal obligations, resolve disputes, enforce our agreements, or for another one of our business purposes.  

4. Objection to Certain Processing.  You may object to our use or disclosure of your Personal Information by contacting us at the address described below.  

5. Online Tracking.  We do not currently recognize automated browser signals regarding tracking mechanisms, which may include “Do Not Track” instructions. 

6. Promotional Emails. You may choose to provide us with your email address for the purpose of allowing us to send free newsletters, surveys, offers, and other promotional materials to you, as well as targeted offers from third parties.  You can stop receiving promotional emails by following the unsubscribe instructions in e-mails that you receive.  If you decide not to receive promotional emails, we may still send you service related communications.  In compliance with the CAN-SPAM Act, all emails sent from our organization will clearly state who the email is from and provide clear information on how to contact the sender. In addition, all email messages will also contain concise information on how to remove yourself from our mailing list so that you receive no further e-mail communication from us. 

7. Revocation Of Consent.  If you revoke your consent for the processing of Personal Information then we may no longer be able to provide you services. In some cases, we may limit or deny your request to revoke consent if the law permits or requires us to do so, or if we are unable to adequately verify your identity. You may revoke consent to processing (where such processing is based upon consent) by contacting us at the address described below.

Please address written requests and questions to privacy@northgateholdings.com.

8. How to Exercise your Right(s)

You may enquire about your Personal Information by contacting us as described below in Section 19.

Clay's Resort will generally respond to all access requests within 30 days of the receipt of all necessary information. We will need to verify your identity before providing you with the Personal Information we hold about you. In circumstances where we are not able to provide access, or if additional time is required to fulfill a request, we will advise you in writing.

Clay's Resort may not release certain types of information based upon exemptions specified in applicable laws. Where possible, we will sever the information that will not be disclosed and provide you with access to the remaining information. Should we be unable to provide access to or disclose Personal Information to you, we will provide you with an explanation, subject to restrictions.

In certain circumstances, such as where the request is excessive or unfounded, we may charge you an administration fee for access to your Personal Information. We may also charge for additional copies. We will advise you of any fees before proceeding with a request.

You may learn more about the process or obtain assistance in completing an access request by contacting us as described below.

Note that, as required by law, we will require you to prove your identity.  We may verify your identity by phone call or email. Depending on your request, we will ask for information such as your name or other account information. We may also ask you to provide a signed declaration confirming your identity. Following a request, we will use reasonable efforts to supply, correct or delete Personal Information about you in our files.

In some circumstances, you may designate an authorized agent to submit requests to exercise certain privacy rights on your behalf.  We will require verification that you provided the authorized agent permission to make a request on your behalf.  You must provide us with a copy of the signed permission you have given to the authorized agent to submit the request on your behalf and verify your own identity directly with us.  If you are an authorized agent submitting a request on behalf of an individual you must attach a copy of the following information to the request:

• A completed written notice indicating that you have authorization to act on the consumer’s behalf signed by you and the consumer.

• If you are a business, proof that you are registered with the appropriate Secretary of State to conduct business in that state.

If we do not receive this information, the request will be denied.

9. How We Protect Personal Information

No method of transmission over the Internet, or method of electronic storage, is fully secure. We implement security measures designed to protect your information from unauthorized access, alteration, disclosure and/or destruction. Because the internet is not a completely secure environment, we cannot warrant the security of any information a customer transmits to us or guarantee that information on the Services may not be accessed, disclosed, altered, and/or destroyed by breach of any of our physical, technical and/or managerial safeguards. In the event that we are required by law to inform you of a breach to your Personal Information we may notify you electronically, in writing, or by telephone, if permitted to do so by law.

10. Other Important Information

The following additional information relates to our privacy practices:

• Links to Other Sites.  Our Site contains links to and from the websites of our Booking partner networks, advertisers, and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.  Please be aware that Clay's Resort is not responsible for the privacy practices of other sites, including our partners’ or Booking Company’s websites. We have no control over the privacy practices of websites or applications that we do not own. We encourage our customers to be aware when they leave our Site to read the privacy statements of every website that collects personally identifiable information.

• Reservations Through Third Parties. In addition to making reservations for Clay's Resort directly through our Booking Company, you may make reservations for the properties through aggregators like Booking.com, Expedia, Orbitz, or Kayak (“Aggregators”). If you use an Aggregator to book reservations at Clay's Resort, they may have different privacy policies and you are responsible for reviewing them before you make a reservation. If you use another online booking website to reserve lodging at Clay's Resort you do so at your own risk and you should carefully review the privacy policy and terms of any such websites.

11. How we Retain Your Personal Information

We will retain your Personal Information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. The precise periods for which we keep your Personal Information vary depending on the nature of the information and why we need it. To determine the appropriate retention period for Personal Information, we consider the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorized use and/or disclosure of your Personal Information, the purposes for which we process your Personal Information and whether we can achieve those purposes through other means, and the applicable legal requirements.  

In some circumstances we may anonymize your Personal Information (so that it can no longer be associated with a user) for research or statistical purposes in which case we may use this information indefinitely without further notice.  We may retain information (including without limitation your personally identifiable information) for a commercially reasonable time for backup, archival, audit purposes, and/or to comply with legal obligations, resolve disputes and enforce agreements. In some cases, if you choose not to provide us with requested information, you may not be able to use the Services. You can request further details of retention periods for different aspects of your Personal Information by contacting us. 

Please note that in the course of providing the Services, we collect and maintain aggregated, anonymized, or de-personalized information which we may retain indefinitely.

12. Accessibility

If you are visually impaired, you may access this Privacy Notice through your browser’s audio reader.

13. Changes To This Privacy Notice.  

We may change our Privacy Notice and practices over time.  To the extent that our Privacy Notice changes in a material way, the policy that was in place at the time that you submitted Personal Information to us will govern that information.  We may notify you of significant changes to this Privacy Notice by sending a notice to the primary email address specified by you or by placing a prominent notice on the Website. Significant changes will go into effect thirty (30) days following such notification. Our Privacy Notice includes an “effective” and “last updated” date. The effective date refers to the date that the current version took effect. The last updated date refers to the date that the current Privacy Notice was last substantively modified. 

If you do not consent to our privacy practices as described in the revised version of the Privacy Notice, please do not use the Services in any manner, and we will continue to treat previously collected information in accordance with the privacy practices described in the applicable, prior version of this Privacy Notice or as otherwise required by applicable law.

14. Other Jurisdictions.  

The following provisions may apply to you depending on where you are located.

• Nevada.  This notice is provided to you pursuant to state law. Nevada state privacy laws permit us to make marketing calls to existing customers, but if you prefer not to receive marketing calls, you may be placed on our internal opt-out list by emailing us at  privacy@northgateholdings.com or you may also contact the Nevada Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Ste 3900, Las Vegas, NV 89101; telephone 702-486-3132; email: AGCinfo@ag.nv.gov. 

• Vermont. In accordance with Vermont law, we will not share information we collect about you with companies outside of Clay's Resort except as required or permitted by law. For example, we may share information to service your accounts, complete requested transactions, or to provide rewards or benefits to which you are entitled. 

15. California – If you are a resident of the state of California, please click here for our Notice to California Residents .

16. Notice to Residents of the European Union, the European Economic Area and the United Kingdom

This Notice is meant to supplement our Privacy Notice. If you reside in the European Union (“EU”) or the European Economic Area (“EEA”), the European Union General Data Protection Regulation (“GDPR”) will apply to how we collect and process your “Personal Data”, which is defined as “any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.” If you reside in the United Kingdom, the United Kingdom General Data Protection Regulation (“UK GDPR”) will apply to how we collect and process your Personal Data.

The Personal Data we collect and process, as described in this Privacy Notice, may be transmitted or transferred to countries other than the country in which you reside. Those countries may have data protection laws that are different from the laws of your country.

The data centers for Clay's Resort’s Services are located in the United States, and third-party processors operate in many countries around the world. When we collect your Personal Data, we may process it in any of those countries.

We have taken appropriate steps and put safeguards in place to help ensure that your Personal Data remains protected in accordance with this Privacy Notice. 

We also require that third-party processor to whom a data transfer is made has appropriate safeguards in place to protect your Personal Data, in compliance with applicable data protection laws. The particular measures used will depend on the processor, and our agreements with them may include European Commission approved Standard Contractual Clauses, the processor’s certification under the EU-U.S. and/or Swiss-U.S. Privacy Shield certification, UK International Data Transfer Agreements and /or reliance on the processor’s Binding Corporate Rules, as defined by the European Commission.

Legal Basis For Processing

We primarily utilize your consent for lawfully using your Personal Data.  We may also use your Personal Data lawfully and fairly based on any of the following situations:

• to fulfill a contract that you are a party to, and you requested to enter into; 

• to fulfill a compliance obligation we are subject to; or 

• our legitimate interests which do not override the rights and freedoms given to you under the GDPR. 

First and Third-Party Cookies and Other Similar Technologies
Please see our Cookie Policy here.

In addition to your rights described in our Privacy Notice, you have the following rights: 

• Right to be informed – about how your Personal Information is being processed. 

• Right of access – to the Personal Information we hold about you. You have the right to request copies of your Personal Information. We may charge you a small fee for this service.

• Right to rectification – to have your Personal Information corrected if it is inaccurate and to have incomplete Personal Information completed. Right to erasure – this means that under certain circumstances, you have the right to request we remove your Personal Information from our system.

• Right to restrict processing – this means that in certain conditions you have the right to restrict processing of your Personal Information.

• Right to data portability – you have the right to request us to transfer the data that we have collected to another organization/ company, or directly to you, under certain conditions.

• Right to object – this means that under certain conditions, you have the right to object to the processing of your Personal Information.

• Rights in relation to automated decision making and profiling – this means that under certain circumstances you have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you.

How to Exercise your Right(s)

We will not discriminate against you for exercising your rights. You may exercise your rights about your Personal Data by contacting us as described below in Section 19. 

Once we receive your request, we will need to verify your identity before providing you with the Personal Data we hold about you. Typically, we will respond to your request within thirty (30) days. If we are unable to verify your identity, complete your request or if additional time is required to fulfill a request, we will notify you in writing.

Clay's Resort may not release certain types of information based upon exemptions specified in applicable laws. Where possible, we will sever the information that will not be disclosed and provide you with access to the remaining information. Should we be unable to provide access to or disclose Personal Data to you, we will provide you with an explanation, subject to restrictions. 

In certain circumstances, such as where the request is manifestly unfounded, excessive or repetitive, we may charge you a reasonable fee. We will advise you of any fees before proceeding with a request.

Withdrawal of Your Consent

If we used consent to lawfully and fairly use your Personal Data, you may withdraw your consent at any time by contacting us as described below.  Doing so may prevent you from accessing the Website. In some cases, we may limit or deny your request to withdraw consent if the law permits or requires us to do so, or if we are unable to adequately verify your identity. If you unsubscribe from the promotional emails you will still receive emails with booking confirmations.

Retention of Personal Data

As we are committed to the privacy of your Personal Data, we only hold on to Personal Data for as long as we need it to provide Services to you.  We may retain limited Personal Data to meet legal or compliance obligations our Company must meet.  You can request further details of retention periods for different aspects of your Personal Data by contacting us.

17. Notice to Residents Outside of the United States, EU, EEA and UK 

Personal Information may be accessed by us or transferred to us in the United States or to our affiliates, business partners, or service providers elsewhere in the world. If you are located outside of the United States, the EU, the EEA or the UK, please be advised that any information you provide to us will be transferred to and stored in the United States and that, by submitting information to us, you explicitly authorize its transfer and storage in the United States. We will protect the privacy and security of Personal Information according to this Privacy Notice regardless of where it is processed or stored.

18. Contact Information

If you have any questions, comments, or complaints concerning our privacy practices please contact us by calling (845) 255-5193, or sending email to  privacy@northgateholdings.com, or at the appropriate address below.  

Northgate Resorts
Attn: Privacy Team 38 Commerce Ave, Suite 200, 

Grand Rapids, MI 49503

We will attempt to respond to your requests and to provide you with additional privacy-related information.

Effective Date: May 15, 2023