Swan and Dolphin Privacy Policy

Swan Hotel Associates d/b/a The Walt Disney World Swan Hotel (“Swan”) and Dolphin Hotel Associates d/b/a The Walt Disney World Dolphin Hotel (“Dolphin”), are separate hotels and separate general partnerships (the hotels and their service outlets are collectively the “Hotels”); however, they together provide the website www.swandolphin.com (“Site”). The Hotels are not owned by The Walt Disney Company (“Disney”). Likewise, the Hotels are not owned by “Marriott” (e.g. the Marriott Group, Marriott International, Inc. or Starwood Hotels & Resorts Worldwide, LLC, Bonvoy, etc.) but the Hotels are Marriott branded.

In reviewing this privacy policy, we refer to the Hotels as “we” or “us” and you, the website user or Hotel guest, as “you,” “your,” or “user”.

In addition to this policy, use of the Site is also governed by the Terms & Conditions of Use which is found here.

INFORMATION COLLECTED

When you interact with us or this Site, we collect the following information:

  • The information you voluntarily input or otherwise provide to us.
  • To the extent you allow “cookies” in your settings for this site or via your web browser, we collect website cookie information pertaining to website analytics. Cookie information may include: your Internet protocol address (IP address), a unique user ID, device type, device identifiers, browser types and language, referring and exit pages, platform type, version of software installed, system type, the content and pages that you access on the Site, the number of clicks, the amount of time spent on pages, the dates and times that you visit the Site, and other similar information.
    • We use Google Analytics on this site to monitor your interactions with the site. For more information on what Google Analytics is and what it does, you may consult this webpage (which is not affiliated with us): https://en.wikipedia.org/wiki/Google_Analytics
  • Other information about your physical use of the Hotels, sales information, purchase information, stay preferences, parking, room key use information and similar information about your use of the Hotels and its amenities as well as related sales information for purchases you make.
  • We may also receive information from Marriott/Bonvoy and third-party booking sites about your bookings, requests, preferences and the like. Similar information may be obtained from The Walt Disney Company regarding your use of the parks.

HOW WE USE YOUR INFORMATION

  • We use the information we collect about you in the following ways:
  • To provide services to you, to administer transactions with you, to provide to you further information regarding your transactions, and to monitor your physical interactions with the hotel in an effort to keep you and others safe.
  • To improve the services that we provide to you.
  • We use your email to communicate with you for administrative purposes.
  • We use your email, when you expressly consent, for promotional purposes.
  • When you expressly consent, to target marketing materials and information to you.
  • We use cookie information on only one of our sites, and honor your cookie preferences via your web browser settings and a web plug-in.
  • To monitor Site use metrics.

HOW WE DISCLOSE YOUR INFORMATION

We disclose your information as follows:

  • We may provide some or all of the information that you provide to us to Marriott for its business administration purposes, e.g. affinity programs, stay information, and the like. We may do likewise with other third party booking sites, and with Disney regarding your use of the parks.
  • When you expressly consent, we may also provide some or all of the information that you provide to us, to Marriott for its marketing purposes. We may do likewise with other third party booking sites, and with Disney regarding your use of the parks.
  • When you expressly give us permission to provide that information to third parties for administrative, marketing or promotional purposes.
  • Thus, for instance, certain restaurants at the hotels are not under our ownership or control (e.g. Il Mulino or The Blue Zoo) and we may provide information to them if you ask us to make a reservation for you. Likewise, we may provide your information via our concierge to restaurants or area attractions if, for example, you ask us to make a reservation for you or ask us to solicit a vendor in your behalf.
    • When you voluntarily publish that information through the Site, e.g. your posts/content.
    • We may also send automatically collected aggregate information and other aggregate information to third parties to analyze usage, demographics and functionality of the Site, usually for the ultimate purpose of marketing.
    • The Hotels may also provide personal and non-personal information to its affiliates that are under common ownership and/or control for administrative purposes.
    • We also provide information to companies that provide products and services to us in order to operate, improve and innovate with respect to the Site, for instance, hosting services. Likewise for companies that provide service to us regarding the operation of the hotel; however, these transmissions of information are not for marketing purposes. Rather, such third parties receive such information pursuant to written contracts that specify how the information may be used (which does not include marketing).
    • The Hotels disclose information in order to comply with legal requirements including those of law enforcement.
    • The Hotels also reserve the right, but do undertake the obligation, to disclose information when necessary to protect the Hotels’ interests and/or those of third parties.

OPTIONS REGARDING INFORMATION ABOUT YOU

You may contact the Hotels using the contact information provided below in order to:

  • Request to know any or all of the following for the 12 months preceding our receipt of the request:
    • What specific information we have about you.
    • What categories of personal information we have about you.
    • The sources from which we collect personal information.
    • The categories of personal information that we sold or disclosed for a business purpose about you.
    • The categories of third parties to whom we sold or disclosed your personal information for a business purpose.
    • The business or commercial purpose for collecting or selling personal information.
  • Request to opt out of sale of personal information, or if you wish to opt in.
  • Request that the Hotels delete the information they possess about you, i.e. “request to be forgotten”. The Hotels’ ability to delete the information it possesses about you may be limited by technical and/or legal requirements/rights such that the Hotels will try to honor such a request, but will not guarantee that they reasonably can.
  • Request, similarly, that the Hotels stop using the information they have about you in a particular way, i.e. to stop and/or not process the data. Again, the Hotels will not always be able to accommodate this request due to technical and/or legal requirements/rights.
  • Request that the Hotels correct the information that they have about you.
  • Request that the Hotels add to the information that they have about you.

Quickest Method to Change: Note that you may be able to add to, delete and/or change the information you have input into the Concierge System and Group Reservation System (if you have accounts in those systems) by logging in and accessing your account.

Identification: Should you choose to exercise your rights under this section, we may require you reasonably to prove your identity to us. Such may include by way of an email to and from a known email account, proof via identification card, answering questions that only you may know, or similar means.

Authorized Agents: Please note that you may designate an authorized agent to act in your behalf regarding the above, but note that we may require reasonable proof that an agent has actual authority to speak for you.

Specific Information We Will Not Provide: Should you contact us, we will not respond to you with your Social Security Number, driver’s license or other government identification number, financial account number, health insurance or medical identification number, an account password, or security questions and answers.

Record of Requests to know and delete: We will maintain a record of your requests for information, to delete, make changes and the like.

Refusal to Comply: Should we be unable to, or are not required to delete information that you request to be deleted, we will notify you of that fact. We will delete that information that we are required and able to delete. If we are unable to delete the information for technical reasons, we will not use the information we were not able to delete. Please note that we are permitted to comply with a request to delete by deleting the personal information, de-identifying the personal information or aggregating the personal information and thus rendering it non-identifiable to you.

ANALYTICS AND TECHNICAL ADVERTISING TOOLS

  • As indicated above, the Hotels routinely employ third-party web analytics on the Site such as Google Analytics. The purposes of such analytics are website improvement, marketing analysis and the like.
  • The Hotels may allow third-party advertisers to transmit advertising directly to you on the Hotel website. When clicking on these third-party advertisements, you will connect to a website that is controlled by a third-party and not the Hotels. When using such websites, your use is governed by that particular website’s terms of service and privacy policy.
  • The Hotels and third-party advertising may be and frequently is tailored to you based on the information the Hotels collect about you, your interests and demographics.

THIRD-PARTY WEBSITES

Please note that when using the Site, there are certain functions that may require you to visit a website other than this one, e.g. reservations via Marriott, reservations for signature dining, etc. Such referral sites are usually, but not always, visually distinct. When using such websites, your use is governed by that particular website’s terms of service and privacy policy.

SECURITY

  • The Hotels take reasonable security precautions with respect to the information and data they possess and collect.
  • The Hotels cannot guarantee that any security measure they employ will guarantee absolute security.

CHILDREN

If you are under the age of 18 and wish to use the Site, then your parent or legal guardian must contact the Hotels using the below contact information in order to complete a consent form. The Hotels do not otherwise authorize anyone under 18 to use or access the site as the Hotels do not engage in commerce with persons under 18 years of age.

HOTELS CONTACT INFORMATION AND TIMING OF RESPONSE

To exercise your rights, ask questions, or provide comments regarding this privacy policy, you may contact the Hotels via: privacy@swandolphin.com, contact us at (407) 934-5783 and ask for a Guest Services Supervisor, or mail questions to us at: Marshall Kelberman, 1500 Epcot Resorts Blvd., Lake Buena Vista, FL, 32830.

If you request to exercise your rights under this privacy policy to know or delete, we will acknowledge receipt promptly, but in no event more than ten days from the receipt of your request. We will then respond to the request to know or delete within forty-five days. In some circumstances, we may provide notice to you that we require an additional forty-five days and the reason why. That said, should you not promptly provide information we need to either identify you, or to act on your request, then your request may take longer.

AMERICANS WITH DISABILITIES ACT

Should you need assistance with this site, including questions or someone to read the website to you, please email: privacy@swandolphin.com or contact us at 1-407-934-5783.

CHANGES AND UPDATES TO THIS PRIVACY POLICY

The Hotels reserve the right to change this privacy policy at any time. Should a change in the privacy policy require us to seek your express consent prior to taking an action, then we shall seek that consent first.

You will be able to determine whether the policy has been changed by reviewing the “last updated” information at the bottom of this policy.

APPLICATION OF FLORIDA LAW

  • By using the Site you are advised and understand that this Site is owned and operated by an American company. Further, the Hotels were established, owned and run under the laws of the United States of America and our primary business functions are located in Orlando, Florida. You agree and stipulate that any transaction you have with respect to the Site and any information that you transmit, is “present in” and “occurs in” Orlando, and no other location, as if you were physically located in Orlando, State of Florida, even if you are actually somewhere else or not even in the United States. As such, the Hotels expect and intend any interaction with this website and the actual Hotels to be governed exclusively by American law and, in particular, exclusively the law of Florida without application of Florida’s choice of law rules, law or doctrines and you agree and stipulate to such.
  • Likewise, you agree to discontinue any suit that is not filed in Orlando, Florida, in the United States, if such suit arises from or relates to the Site or the Hotels, i.e. any suit will be exclusively decided in a court located in Orlando, Florida, and nowhere else.
  • You waive any arguments of forum non conveniens (i.e. the Florida is not a convenient forum/place to litigate) and stipulate to venue, i.e. the location of litigation, being in Orlando, Florida.
  • You are likewise advised that American law, and that of Florida in particular, does not afford the same level of protection and/or rights regarding your data/information as may exist in other states or countries.
  • You stipulate and agree that each part of this section applies to any and all claims against any parent, owner or affiliate of the Hotels arising from or related to the site or the Hotels, and likewise that this this Privacy Policy applies to such claims.

WAIVER OF CLASS ACTION AND JURY TRIAL

Further, in any action arising from or related to the Site or the Hotels, you waive any right to assert any claims against us in any class or representative action, except where such waiver is prohibited by Florida or applicable federal law. To the extent you are permitted by law or a court of law to proceed with a class or representative action against us (either or both entities), you agree that: (i) you shall not be entitled to recover or be awarded an amount for serving as a class representative or your legal fees and costs; and (ii) you will not submit a claim or otherwise participate in any recovery secured through the class or representative action.

Finally, in any action arising related to the Site or the Hotels, you agree to WAIVE ANY RIGHT TO A JURY TRIAL AND INSTEAD CONSENT TO A BENCH TRIAL TO RESOLVE ANY AND ALL DISPUTES.

MERGER, SALE AND/OR BANKRUPTCY

The Hotels reserve the right to sell/transfer your data/information without notice to you, or consent by you, in the event of the Hotels’ merger, sale and/or bankruptcy.

Should we decide that we are going to begin taking an action regarding your information that requires your consent under applicable law, we will first seek your express consent before so doing.

Last Updated: June 8, 2020