Last updated: 27 November 2024

1. INTRODUCTION

This Privacy Policy explains our personal data practices and the choices you can make about the way your personal data is used.

Kerzner International Limited (Kerzner, us, our or we) respects your privacy, and is committed to protecting the privacy, confidentiality and security of the personal data you provide to us or that we collect about you when you use our websites, social media pages we control, software applications available on computers and mobile devices that include a link to this Privacy Policy as well as when you provide your information on the telephone via our call centres or in person (collectively the Sites).

Our privacy practices may vary among the countries in which we operate to reflect local practices and legal requirements. We are aware of our responsibilities to protect your personal data, to keep it secure and comply with applicable privacy and data protection laws.

You may be asked to consent to the terms of this Privacy Policy when making a reservation, registering for events or promotions or otherwise corresponding with us via the Sites or if required by applicable law. Otherwise your continued use of the Sites will constitute your deemed consent to the terms of this Privacy Policy.

2. PERSONAL INFORMATION WE COLLECT

Personal Information You Provide

When using our Sites, you may voluntarily provide certain information about yourself or others, such as when you create an account or book a reservation. We may collect Personal Information (information that identifies you or relates to you as an identifiable person) that you may provide through the Sites about yourself or others such as:

• Name, date and place of birth, passport and visa information;
• Postal address;
• Telephone number;
• Email address;
• Information that allows us to provide specialized services to you or fulfill special requests, such as accommodating health or dietary conditions, but we do not collect sensitive information about you, such as health information, except as reasonably needed for us to provide services to you;
• Credit or debit card number, expiration date and security code;
• Social media account information;
• Stay or trip information and preferences, such as your preferred location/facilities, dates and number of people/children traveling with you;
• Demographic information (age, gender, country and preferred language);
• IP address; and
• Preferences for receiving communications from us or for surveys or promotional offers.

Automatically Collected Information

Our websites collect statistical information about users to ensure a welcoming and accessible website. For this purpose we may track your movement within the websites, the pages from which you were referred, access times and browser types. We only use this information in aggregate and typically do not link it to you personally. To gauge the effectiveness of our websites and analyze site traffic, understand customer needs and trends, we do collect some generic information about our visitors. Our web servers recognize and automatically log a visitor's domain name, the web page from which a visitor enters our websites, which pages a visitor visits and for how long, and the visitor’s IP address. We may use tracking technologies to collect, store and sometimes track information for statistical purposes and to improve the services we provide, including using it to evaluate and improve our website. We also collect and store information automatically using cookies and similar technology as described below—please review our Cookie Policy for more information on these tools and your choices.

3. HOW WE USE YOUR INFORMATION

We may use your Personal Information for the purposes identified in this Privacy Policy for our business use and the legal bases, including, for example:

• Processing, fulfilling and recording reservations and/or purchases;
• Billing your credit card for advance purchase reservations and advance deposits;
• Contacting you for confirmation or customer service after reservations and purchases are made or after you sign up for or participate in certain activities;
• Conducting statistical or demographic analysis
• Tracking reservations and corresponding resort stays;
• Sending you emails that relate to a resort stay;
• Sending you communications such as guest surveys or promotional offers and benefits;
• Communicating special offers, competitions and featured items if you choose to receive such notices;
• Responding to your inquiries, complaints and other communications; and
• Providing for the safety and security of our guests and staff and meeting our legal and regulatory compliance requirement.

4. DISCLOSING YOUR INFORMATION

As an international resort and residences management company, we need to share information across multiple countries and entities so that we can provide you with services on a consistent basis. Accordingly, your Personal Information may be shared as reasonably necessary and as set out in this Privacy Policy as follows to:

• Any Kerzner entity, resorts and/or residences managed by us;
• Tour operator, travel representative, personal assistant, employer or spouse that has supplied us with your Personal Information;
• Third parties where we have received your consent;
• Trusted third party services providers to process it for us, based on our instructions and in compliance with our Privacy Policy and any other appropriate confidentiality and security measures;
• Our marketing and advertising partners to provide you with more-relevant ads on our websites and to encourage you to return to our websites and to service providers who securely host emails and act as a supplier to distribute our email communications. We contractually require these service providers to keep your Personal Information safe and secure and they are only be permitted to use your Personal Information for the purposes we specify.
• To third parties not affiliated with Kerzner if we have a good-faith belief that it is reasonably necessary to: (1) meet any applicable law, regulation, legal process or enforceable governmental request; (2) enforce applicable terms of service, including investigation of potential violations; (3) detect, prevent, or otherwise address illegality, fraud, security or technical issues; and (4) protect against harm to the rights, property or safety of Kerzner, our users or the public as required or permitted by law; and (5) to any third parties to the extent necessary with respect to a sale of all or part of our business operations or assets and/or resorts that are no longer managed or owned by Kerzner.

5. OVERSEAS DATA TRANSFERS

By using and/or purchasing our goods and services, we may transfer your Personal Information across multiple jurisdictions. Thus we may transfer and store your Personal Information:

• On our websites and servers located in Dubai, United Arab Emirates;
• In or to Dubai, United Arab Emirates where our corporate offices are located;
• To those countries where we own, manage and operate resorts or have sales offices e.g. Australia, China, France, Germany, Hong Kong SAR, Maldives, Mauritius, Mexico, Rwanda, South Africa, UAE, UK, USA; and
• To countries where our trusted third party providers or advisors are located.

Some of these countries may not offer the same level of privacy protection but we will take all reasonable steps to ensure such transfers are taken with adequate security to maintain your privacy. You consent to transfer of your Personal Information as described here.

6. EXPLAINING THE LEGAL BASES FOR PROCESSING

The legal bases for collecting and processing your Personal Information includes:

• Consent - we collect and process your data with your consent e.g. when you tick a box to receive marketing communication.
• Legal compliance - if required by applicable law, e.g. police, fraud investigations or court orders, we may need to collect and process your data.
• Legitimate interest - to pursue our legitimate interests such as providing services and products you have requested in a way which might reasonably be expected as part of running our business and which does not materially impact your rights, freedom or interests.
• Contractual - we use your personal information to enter into agreements with you or anyone involved in the making your booking (e.g. tour operators, group travel organizers etc) and to perform our obligations to provide goods and/or services to you when you stay or otherwise engage with us, or to take steps at your request prior to entering into such an agreement.

7. SECURITY

We use reasonable technical, administrative and physical measures to protect Personal Information contained in our system against misuse, loss or alteration. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
We cannot enforce or control the security of the computers, electronic devices, or electronic communication method that you use to send e-mails and submit Personal Information to us over the Internet. You are responsible for ensuring that the computers, electronic devices and electronic communication methods you utilize will provide adequate security for communicating with us. We are not responsible for the disclosure or interception of your Personal Information before we receive it.

8. WITHDRAWING YOUR CONSENT

If you are making a reservation or availing of services or products you will be required to provide us with your Personal Information. However, if you choose not to provide certain Personal Information we request and/or require consent to its use and disclosure, you will still be able to visit our Sites and properties but you may be unable to access certain options, products or services and in we may not, as a result, be unable to fulfil your booking. 

We offer you the choice of how you receive communications from us. All marketing communications we send to you will provide you with a way to withdraw your consent to future marketing. If you no longer wish to receive marketing you may opt-out of receiving these communications by clicking on the opt-out section of the marketing communication or changing your account settings, this will remove you from our marketing lists. You have the right to tell us to stop using your information for our direct marketing purposes. Please send your written request, including your name and contact information to the address listed below in How To Contact Us. We will honor your request within 30 days of receiving it or sooner if required by applicable law. Please note that if you unsubscribe from marketing communications you will still receive operational and service messages from us regarding your booking and responses to your enquiries made to us, and that we may hold your details so we do not send you marketing communications in the future.

9. THIRD PARTY LINKS

We may permit third parties to link to our Sites or to post a link to their site on ours. We do not endorse these sites and are not responsible for other sites or their privacy practices. We do not assume responsibility or liability of any nature whatsoever for the activities conducted or information contained in the third party websites.

10. CHILDREN'S PRIVACY

The Sites are not directed to children, and we do not knowingly collect Personal Information from children under the age of 13, though we may collect Personal Information about a child as part of the guest registration process or to participate in activities on the websites or at the resorts but always with the consent of a parent or guardian.

11. HOW LONG WE KEEP YOUR PERSONAL INFORMATION

Whenever we collect or process your Personal Information, we will only keep it for as long as is necessary for the purpose for which it was collected, active legal proceedings, an identifiable and ongoing legal business need (such as record keeping) and to the extent permissible by applicable law.
Where there is no sufficient justification to retain such Personal Information, such Personal Information will be safely and securely deleted, disposed of, blocked and/or anonymised for example by aggregation with other data so that it can be used in a non-identifiable way for statistical analysis and business planning.

12.YOUR EUROPEAN PRIVACY RIGHTS

If you reside in a country located within the European Economic Area (“EEA”) or the United Kingdom, you have specific rights under the European Union General Data Protection Regulation or similar laws, including: (a) the right to access; (b) the right to rectification; (c) the right to erasure; (d) the right to restrict processing; (e) the right to object to processing; (f) the right to data portability; (g) the right to complain to a supervisory authority; and (h) the right to withdraw consent. You may exercise any of these rights in relation to your Personal Information or if you have any questions or complaints regarding this Privacy Policy or privacy concerns by contacting our Data Protection Officer by email at dataprotection@kerzner.com or by post to Kerzner International, One Central, The Offices Building 2, 9th Floor World Trade Centre, PO Box 9571 Dubai, United Arab Emirates Attn: Legal Privacy.
In order to ensure your request is dealt with expeditiously, please be sure to include your full name, address and telephone number and a copy of a document evidencing your identity (such as an ID card or passport) so we can ascertain your identity and whether we have any Personal Information regarding you, or in case we need to contact you to obtain any additional information, we may require to make that determination.

You may also direct your complaint/concern to the applicable data protection authority.

NON EU VISITORS

MEXICO’S FEDERAL LAW FOR THE PROTECTION OF PERSONAL DATA
According to Mexico’s Federal Law for the Protection of Personal Data in the Possession of Private Entities, currently in effect, we would like to inform you that Kerzner Palmilla Hotel Partners S. de R.L. de C.V., known as “One&Only Palmilla”, located at Kilometer 7.5 Carretera Transpeninsular, S/N, Colonia Punta Palmilla, San José del Cabo, C.P. 23400, Baja California Sur, Mexico, and MAJAHUA RESORTS S DE RL DE CV, known as “One&Only Mandarina”, located at Carretera Federal Libre 200 Tepic-Puerto Vallarta, El Monteón Municipio de Compostela, Nayarit, C.P. 63724, Mexico, are responsible for the treatment of your personal data with the purpose of make your reservation and serve you as a guest. Our complete Privacy Policy is available upon request at our address. To obtain further information about the terms and conditions for the handling of your personal data, the third parties with whom your Personal Information may be shared, the mechanisms and procedures for exercising your rights of access, rectification, cancellation, and opposition, the revocation of the consent you previously granted us, the limitation of the use or disclosure of your data, as well as express your refusal to treat your Personal Information, please send us an email to proteccion.datos@oneandonlypalmilla.com or info@oneandonlymandarina.com. Upon receipt, we shall be pleased to provide you with the information you require.

CALIFORNIA—YOUR CALIFORNIA PRIVACY RIGHTS
If you are a resident of California, California Civil Code Section 1798.83 allows you to request information regarding the Personal Information we collected and third parties to whom we disclosed your Personal Information for the third parties’ direct marketing purposes during the preceding calendar year. To make such a request, please send an email to dataprotection@kerzner.com or send a letter to Kerzner International, One Central, The Offices Building 2, 9th Floor World Trade Centre, PO Box 9571 Dubai, UAE Attn: Data Protection.

If you are a California resident, California law provides you with the following additional rights with respect to your personal information:

• The right to know the categories or specific personal information we have collected, used, disclosed and sold about you. To submit a request to know, you may call us at (888) 877-7571 or by emailing us at dataprotection@kerzner.com. You also may designate an authorized agent to make a request for access on your behalf.
• The right to request that we delete any personal information we have collected about you. To submit a request for deletion, you may call us at (888) 877-7571 or by emailing us at dataprotection@kerzner.com. You also may designate an authorized agent to make a request for deletion on your behalf.

When you exercise these rights and submit a request to us, we will verify your identity by asking you for information such as your email address, telephone number, order number, or the last four digits of a credit or debit card used with us. We also may use a third-party verification provider to verify your identity.

Your exercise of these rights will have no adverse effect on the price and quality of our goods or services.

For the 12-month period prior to the date of this Privacy Policy, Kerzner has not sold for monetary or other consideration any personal information about its guests/customers; nor does it have any plans to do so in the future.

AUSTRALIA
If you are in Australia you may submit any questions, comments or complaints to our Dubai based Data Protection Officer by email to dataprotection@kerzner.com or by post to Kerzner International, One Central, The Offices Building 2, 9th Floor World Trade Centre, PO Box 9571 Dubai, UAE Attn: Legal Privacy and we will come back to you within 30 days.

If you are contacting us to complain about an alleged breach of this Privacy Policy or our legal privacy obligations, please provide us with as much detail as possible in relation to your complaint and provide us with any relevant information. We take every privacy complaint seriously and assess it with the aim of resolving all issues quickly and efficiently. If we have not come back to you within 30 days, or you are not happy with the our response, you may submit a complaint to the Office of the Australian Information Commissioner https://www.oaic.gov.au.

We are committed to keeping your Personal Information secure and will take all reasonable precautions to protect it from loss, misuse or unauthorised access or alteration. However, except to the extent liability cannot be excluded due to the operation of statute, we exclude all liability (including in negligence) for the consequences of any unauthorised access to, disclosure of, misuse of or loss or corruption of your Personal Information. Nothing in this Privacy Privacy restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law.

13. CHANGES TO THIS PRIVACY POLICY

From time to time and without notice we may make changes to this Privacy Policy. From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our Privacy Policy. If our information practices change at some time in the future, we will post the Privacy Policy changes to our Sites to notify you of these changes and provide you with the ability to opt out of these new uses where appropriate.

14. HOW TO CONTACT US

Please feel free to contact us if you have any questions or concerns about this privacy policy and the practices of Kerzner. You can contact our Dubai-based Data Protection Officer by email to dataprotection@kerzner.com or by post to Kerzner International, One Central, The Offices Building 2, 9th Floor World Trade Centre, PO Box 9571 Dubai, UAE Attn: Legal Privacy..

15. COOKIES AND SDK POLICY

We use cookies and SDKs to improve your experience on our websites and mobile applications to recommend content, including advertising, that may be of interest to you. We make use of these to improve your overall experience, fix errors, improve security and to personalise your experience. You can find out more below about what cookies and SDKs are, the ones we use and how to switch them off.

You can indicate your acceptance to our use of cookies in accordance with this policy by clicking ACCEPT ALL COOKIES in the appropriate place on the banner that appears on the websites or by tapping Accept on the mobile apps.

What are cookies?

A cookie is a text file containing small amounts of information which is downloaded to your device when you access a website. The text file is then sent back to our server each time your browser requests a page from the server. This enables us to operate the websites more effectively and load the websites so that it reflects your personal preferences, based on your previous browsing on the websites as well as keywords we may be able to gather from URLs of other webpages from which you accessed the websites.
 
What are SDKs?
 
A software development kit is a collection of software development tools in one installable package that facilitates a variety of functionality based on the one in use.

What cookies do we use on the websites?
 
Please click here to view a list of cookies used. You will also be able to find a comprehensive list for each website when viewing it and navigating through the prompt.
 
What SDKs do we use on the mobile apps?
 
Please note that when downloading the mobile app you will be prompted to accept Apple's App Tracking Transparency prompt, and if selecting 'Allow' you will then be served the SDK prompt where you will be able to find a comprehensive list and choose to Accept it accordingly.
 
When you visit the websites or use the mobile apps, the following types of cookies and SDKs may be downloaded to your device:

• First Party Cookies
  Cookies that contain a pattern are categorized by pattern. Unique cookies (without a pattern) are categorized either by cookie contribution or through the Cookiepedia database.
• Third Party Cookies
  Cookies with a pattern and Cookiepedia-known host are categorized by pattern. Cookies with a known host and no pattern are categorized based on host-cookie matching, or by host categorization if a match is not found. Cookies with no pattern and that cannot be found in cookie contributions are categorized by their host's categorization.
• Strictly Necessary Cookies
  These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.
• Strictly Necessary Exemption
  Cookies deemed Strictly Necessary to the website's functionality are exempted from the consent requirements in the EU. Cookies categorized as Strictly Necessary are automatically treated as Always Active in all consent models.
• Peformance Cookies
  These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.
• Functional Cookies
  These cookies enable the website to provide enhanced functionality and personalization. They may be set by us or by third party providers whose services we have added to our pages. If you do not allow these cookies then some or all of these services may not function properly.
• Targeting Cookies
  These cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.
• Social Media Cookies
  These cookies are set by a range of social media services that we have added to the site to enable you to share our content with your friends and networks. They can track your browser across other sites and build up a profile of your interests. This may impact the content and messages you see on other websites you visit. If you do not allow these cookies you may not be able to use or see these sharing tools.

Further information on the general use and function of the third party cookies listed above can be found at http://optout.aboutads.info/#/
 
How do I turn cookies or SDKs off?

If you do not wish us to install cookies or you don’t agree with how we use these cookies, you can change the settings on your internet browser to reject them. For more information please consult the “Help” section of your browser or visit www.aboutcookies.org, www.allaboutcookies.org or http://optout.aboutads.info/#/. Please note that if you do set your browser to reject cookies, you may not be able to use all of the features on our websites.
 
For both mobile apps and websites if you do not agree on the banner when prompted this will also block the cookies.

UAE's ANTI-SPAM POLICY

Atlantis Dubai is compliant with UAE regulations and adheres to the UAE Anti-Spam Policy. This ensure that your inbox remains free from unwanted messages.

Consent: We will seek your consent to get your permission before sending you commercial messages.

Clear Communication: Every message you receive will clearly identify Atlantis as the sender and provide a simple way to opt out if you choose not to receive further communications from us.