Revinate® Solutions Privacy Policy

Last updated: June 1, 2023

Summary

This Revinate Solutions Privacy Policy describes how Revinate, LLC, its subsidiaries and affiliated entities (collectively, “Revinate,” “we,” “our” or “us”) collect, store, use and share consumer data in connection with its various proprietary product and services offerings, including Revinate Marketing, Reservation Sales, Revinate Ivy, Guest Feedback (including Reputation and Surveys), and RezForce (collectively, the “Revinate Solutions”). This Revinate Solutions Privacy Policy (“Revinate Solutions Privacy Policy”) does not apply to information that we collect and use in connection with our corporate website, located at www.revinate.com (“Site”). Please see the Revinate Website Privacy Policy posted on the Site for information on our privacy practices as they relate to the Site.

The Revinate Solutions are utilized by our third-party hospitality industry customers (“Revinate Customers”) including, in certain instances, as embedded on Revinate Customer websites and in mobile applications (collectively, the “Customer Venues”), as well as on other web venues/applications hosted by Revinate. The Revinate Solutions may enable the current and/or prospective guests of our Revinate Customers (collectively, “Guests”) to interact with those Revinate Customers, including via Guest- satisfaction surveys, Guest feedback forms, Guest outreach and marketing efforts, and virtual concierge services via the Ivy interactive text messaging platform (collectively, “Guest-Customer Interactions”). In connection with the Guest-Customer Interactions, Guests may submit certain personally identifiable information, such as their names, telephone numbers, email addresses and mailing addresses (collectively, “Submitted Data”).

The Submitted Data that is collected by Revinate (“Revinate Collected Data”): (a) may contain personally identifiable information; and (b) may, in certain circumstances, be collected in an anonymized format. Certain data related to Guest-Customer Interactions that occur by and through the Revinate Solutions (such as testimonials and feedback) may be linked by Revinate Customers to personally identifiable information contained in the Submitted Data.

Please be advised that the collection, storage, use and sharing of any Submitted Data that you provide in connection with a Guest-Customer Interaction shall remain, at all times, subject to the respective privacy policy of the subject Revinate Customer as posted on the subject Customer Venue. Revinate is not responsible for the privacy practices of its Revinate Customers or the content of their respective Customer Venues. We encourage you to review the privacy policies and settings of the Customer Venues with which you interact to help you understand those Revinate Customers’ respective privacy practices. If you have questions about the security and privacy settings of any Customer Venue that you use, please refer to the applicable Customer Venue’s privacy notices or policies.

Your California Privacy Rights
Revinate may share your “personal information” with its Revinate Customers for financial gain and marketing purposes. Other than as set forth in the preceding sentence, Revinate will never share, sell, rent, exchange or barter your “personal information” (as defined in the Shine the Light Law, Cal. Civ. Code § 1798.83) to or with any other third-party for financial gain or marketing purposes. Nevertheless, we may, in certain limited instances, share your personal information with third parties who perform administrative functions on our behalf.

If you are a resident of the State of California and would like to learn how your personal information is shared with third parties, what categories of personal information that we have shared with third parties in the preceding year, as well as the names and addresses of those third parties, please call us at: (415) 671-4703; email us as at: support+privacy@revinate.com; or send us U.S. Mail to: Revinate, LLC, 2345 Yale St., First Floor, Palo Alto, CA 94306.

Your Nevada Privacy Rights
If you are a resident of the State of Nevada and would like to opt-out from the sale of your personal information to any third party data broker, please call us at: (415) 671-4703; email us as at: support+privacy@revinate.com; or send us U.S. Mail to: Revinate, LLC, 2345 Yale St., First Floor, Palo Alto, CA 94306.

Personal Information Collected
In connection with the Guest-Customer Interactions, Guests may provide Submitted Data which may include some or all of the following: (a) full name; (b) mailing address; (c) e-mail address; (d) telephone number; (e) information pertaining to a past, current or prospective stay at a Customer Venue; and (f) any other information collected by Revinate by and through the Revinate Solutions. In addition, certain data related to Guest-Customer Interactions that occur by and through the Revinate Solutions (such as testimonials and feedback) may be linked by Revinate Customers to personally identifiable information contained in the Submitted Data.

Please be advised that the collection, storage, use and sharing of any Submitted Data that you provide in connection with a Guest-Customer Interaction shall remain, at all times, subject to the respective privacy policy of the subject Revinate Customer as posted on the subject Customer Venue. Revinate is not responsible for the privacy practices of its Revinate Customers or the content of their respective Customer Venues. We encourage you to review the privacy policies and settings of the Customer Venues with which you interact to help you understand those Revinate Customers’ respective privacy practices. If you have questions about the security and privacy settings of any Customer Venue that you use, please refer to the applicable Customer Venue ‘s privacy notices or policies.

Opt-Out/Unsubscribe
We share the Revinate Collected Data with our Revinate Customers, who may use the same to contact you directly. We do not use Revinate Collected Data to send e-mail or other forms of communications to Guests other than as instructed by Revinate Customers. If you wish to opt-out of the use and/or sharing of your personal information/Submitted Data by a Revinate Customer, please refer to the opt-out mechanisms set forth in the applicable privacy policy of that Revinate Customer.

Individual Rights: Deleting, Modifying and Updating Your Personal Information
At your request, we will: (a) inform you of what personal information we have on file for you, in a machine- readable format; (b) amend the personal information that we have on file for you; and/or (c) promptly coordinate with our Revinate Customers to implement the removal of the personal information that you have provided to us, or that we have collected, from our servers/databases (unless an exception exists under applicable law). You may make such a request by e-mailing us at: support+privacy@revinate.com. We ask individual Guests to identify themselves and the information requested to be accessed, corrected or removed before processing such requests.

Please be advised that deleting your personal information may terminate your access to certain of the Revinate Solutions. If you wish to continue using the full complement of Revinate Solutions, you may not be able to delete all of the personal information that we have on file for you. Please be further advised that, after you delete your personal information, residual copies may take a period of time before they are deleted from our active servers and may remain in our backup systems.

Data Retention
Subject to your rights with respect to our retention of your Revinate Collected Data as set forth above and by applicable law, we retain Revinate Collected Data only for as long as we continue to have a business need to do so unless a longer period is required by law. Such business needs may include handling the contractual relationship that we have with Revinate Customer, optimizing the performance and functionality of the Revinate Solutions, as well as legal, taxation, accounting, risk management and other business purposes.

Use and Sharing of Personal Data
Our Revinate Customers will have direct access to, and we will share with our Revinate Customers, the Submitted Data that you provide in connection with the Guest-Customer Interactions, which includes personally identifiable information. Further, Revinate may use your Submitted Data to evaluate and analyze your transactions and other behaviors in order to predict your prospective commercial behavior (“Profile Data”). Revinate may use your Profile Data to optimize marketing efforts undertaken on behalf of its Revinate Customers and share same with its Revinate Customers. In addition to the foregoing, Revinate reserves the right to transfer, share and/or sell anonymous aggregate or group data about Guests, including Revinate Collected Data, for lawful purposes. Other than as set forth in this paragraph, Revinate will never share, sell, rent, exchange or barter your personal information to or with any third party for financial gain or marketing purposes.

Where you submit personal information, we use the personal information that you make available to personalize your experience with the Revinate Solutions and to facilitate the provision of the applicable Revinate Solutions to you, including in connection with customer service and to otherwise respond to any inquiries made by you. We may also employ other companies and individuals to perform certain functions on our behalf. The agents performing these limited functions on our behalf may have access to Revinate Collected Data as needed to perform these functions for us, but we do not permit them to use Revinate Collected Data for other purposes.

We may also use Revinate Collected Data for internal business purposes, such as analyzing and managing our service offerings including, without limitation, the Revinate Solutions.

By submitting your personal information by and through the Revinate Solutions, you agree that such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR §310 et seq.), as amended from time to time (the “Rule”) and applicable state do-not-call regulations. As such, notwithstanding that your telephone number may be listed on the Federal Trade Commission’s Do- Not-Call List, and/or on applicable state do-not-call lists, we retain the right to contact you via telemarketing in accordance with the Rule and applicable state do-not-call regulations.

Where you provide “prior express consent” within the meaning of the Telephone Consumer Protection Act (47 USC § 227), and its implementing regulations adopted by the Federal Communications Commission (47 CFR § 64.1200), as amended from time-to-time (“TCPA”), you consent to receive telephone calls from Revinate, including artificial voice calls, pre-recorded messages and/or calls (including SMS text messages) delivered via automated technology, to the telephone number(s) that you provided. Please note that you are not required to provide consent under the TCPA in order to obtain access to the Revinate Solutions, and your consent simply allows Revinate to contact you via these means. Please be advised that by agreeing to this Privacy Policy, you are obligated to immediately inform us if and when the telephone number that you have previously provided to us changes. Without limiting the foregoing, if you: (i) have your telephone number reassigned to another person or entity; (ii) give up your telephone number so that it is no longer used by you; (iii) port your telephone number to a landline or vice versa; or (iv) otherwise stop using that telephone number for any reason (collectively “Phone Number Change”), you agree that you shall promptly notify Revinate of the Phone Number Change via e-mail at: support+privacy@revinate.com, or by using one of the methods set forth in the “Contact Us” section below.

We also reserve the right to release current or past Revinate Collected Data: (a) if such information is subpoenaed; (b) if we are sold, merge with a third-party or are acquired by a third-party (collectively, “M&A Transactions”) (including where we share your personal information in connection with the due diligence process associated with a potential M&A Transaction); (c) if we are the subject of bankruptcy proceedings; and/or (d) when we deem it necessary or appropriate; provided, however, that if Revinate is involved in a bankruptcy proceeding, merger, acquisition or sale of all or a portion of its assets, you will be notified via e-mail and/or a prominent notice on the Site of any change in ownership or uses of your personal information, as well as any choices that you may have regarding your personal information.

You hereby consent to the disclosure of any record or communication to any third-party when we, in our sole discretion, determine the disclosure to be required by applicable law, including sharing your e-mail address with third-parties for suppression purposes in compliance with the CAN-SPAM Act of 2003, as amended from time to time, and other e-mail marketing laws. Users should also be aware that courts of equity, such as U.S. Bankruptcy Courts, might have the authority under certain circumstances to permit personal information to be shared or transferred to third-parties without permission.

Automatically Collected Personal Data; Non-Personal Data Collection and Use
IP Addresses/Browser Type
We may collect certain non-personally identifiable information about you and your desktop computer and/or mobile device when you access a Revinate Solution utilizing same. This non-personally identifiable information includes, without limitation, the type of browser that you use (e.g., Safari, Chrome, Internet Explorer), your IP address, user agent string, the type of operating system that you use (e.g., Windows or iOS) and the domain name of your Internet service provider (e.g., Verizon, AT&T). We use the non-personally identifiable information that we collect to improve the design and content of the Revinate Solutions and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze usage of the Revinate Solutions.

Cookies/IP Addresses/Browser Type
When a Guest accesses a Revinate Solution, we may send one (1) or more cookies and/or gif files (collectively, “Cookies”) to assign an anonymous, unique identifier to the applicable Guest’s computer. A Cookie is a piece of data stored on your hard drive containing non-personally identifiable information about you. Cookies have many benefits to enhance your experience with the Revinate Solutions. To find out more about Cookies, please visit www.cookiecentral.com. We use Cookies to improve the quality of the Revinate Solutions, including for storing Guest preferences and tracking Revinate Solutions-user trends.

Most Internet browsers are initially set up to accept Cookies, but you can reset your browser to refuse all Cookies or to indicate when a Cookie is being sent. To disable and reject certain Cookies, follow the instructions associated with your Internet browser. Even in the case where a Guest rejects a Cookie, she or he may still use the Revinate Solutions; provided, however, that certain Revinate Solutions-related functions may be impaired or rendered inoperable if the use of Cookies is disabled. We reserve the right to retain Cookie data indefinitely.

Behavioral Tracking
The Revinate Solutions do not track Guest activity on, or after Guests leave, the subject Customer Venues.

In general, Guests may also be able to disable some, or all, Internet tracking activity by utilizing the “Do Not Track” setting or similar options within most major Internet browsers.

Cross Device Tracking
The Revinate Solutions do not track Guests across various devices, including personal computers and mobile devices.

Aggregate Data
Revinate reserves the right to transfer and/or sell anonymous aggregate or group data about Guests, including Revinate Collected Data in an anonymized format, for lawful purposes. Aggregate or group data is data that describes the demographics, usage and other characteristics of Guests as a group, without disclosing personally identifiable information.

Ivy Interactive Text Messaging Platform
Where you opt-in to the Ivy interactive text messaging platform (“Ivy Platform”) in order to facilitate Guest- Customer Interactions via SMS text message, you may receive an SMS message to confirm your signup.

You can cancel your use of the Ivy Platform at any time by texting “STOP” to the number that contacted you. For assistance, text “HELP” to the number that contacted you.

We are able to deliver messages to customers of the following mobile phone carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS and U.S. Cellular.

Message and Data Rates May Apply for messages sent and/or received by and through the Ivy Platform. If you have any questions about your text or data plan, it is best to contact your wireless provider. For all questions about the Ivy Platform, you can email us as at: support+privacy@revinate.com.

Security
We endeavor to safeguard and protect Guest personal information. When Guests make personal information available to us, their personal information is protected both online and offline (to the extent that we maintain any personal information offline). To the extent our registration/application process prompts Guests to enter sensitive information (such as credit card information), if any, and if we store and transmit such sensitive information, that personal information will be encrypted with advanced TLS (Transport Layer Security).

Access to your personal information is strictly limited, and we take reasonable measures to ensure that your personal information is not accessible to the public. All Guest personal information is restricted in our offices, as well as the offices of our third-party service providers. Only employees or third-party agents who need Guest personal information to perform a specific job are granted access to Guest personal information. Our employees are dedicated to ensuring the security and privacy of all Guest personal information. Employees not adhering to our firm policies are subject to disciplinary action. The servers that we store Guest personal information on are kept in a secure physical environment. We also have security measures in place to protect the loss, misuse and alteration of personal information under our control.

Please be advised, however, that while we take every reasonable precaution available to protect your data, no storage facility, technology, software, security protocols or data transmission over the Internet or via wireless networks can be guaranteed to be 100% secure. Computer hackers that circumvent our security measures may gain access to certain portions of your personal information, and technological bugs, errors and glitches may cause inadvertent disclosures of your personal information; provided, however, that any attempt to breach the security of the network, our servers, databases or other hardware or software may constitute a crime punishable by law. For the reasons mentioned above, we cannot warrant that your personal information will be absolutely secure. Any transmission of data at or through the Site, other Revinate Solutions or otherwise via the Internet or wireless networks, is done at your own risk.

In compliance with applicable federal and state laws, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your personal information. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.

Third-Party Websites
The Revinate Solutions may contain links to third-party owned and/or operated websites including, without limitation, websites associated with Revinate Clients and Client Venues. Revinate® is not responsible for the privacy practices or the content of such websites. In some cases, you may be able to make a purchase through one of these third-party websites. In these instances, you may be required to provide certain information, such as a credit card number, to register or complete a transaction at such websites. These third-party websites have separate privacy and data collection practices and Revinate has no responsibility or liability relating to them.

Transfer of Data Internationally
If you are accessing a Revinate Solution and/or visiting a Customer Venue from a country other than the country in which the applicable servers are located, your communications with us may result in the transfer of information across international boundaries. By accessing that Revinate Solution, visiting that Customer Venue and/or otherwise communicating electronically with Revinate and/or a Revinate Customer, you consent to such transfers. Even if your jurisdiction does not have the same privacy laws as the jurisdiction where our servers are located, we will treat your information as subject to the protections described in this Revinate Solutions Privacy Policy.

Changes to this Revinate Solutions Privacy Policy
Revinate reserves the right to change or update this Revinate Solutions Privacy Policy at any time by posting a notice on the Site that we are changing our Revinate Solutions Privacy Policy. If the manner in which we use personal data changes, Revinate will notify Guests by any reasonable means acceptable under applicable law.

Contact Us
If you have any questions about this Revinate Solutions Privacy Policy or our privacy practices in general, you may call us at: +1 (415) 671-4703; email us as at: support+privacy@revinate.com; or send us U.S. Mail to: Revinate, LLC, 2345 Yale St., First Floor, Palo Alto, CA 94306, USA.