This Privacy Policy is effective as of March 16, 2015.

Margaritaville Enterprises, LLC (“Margaritaville”, “we”, “us” and “our”) takes your privacy and safety seriously. This Privacy Policy applies to www.margaritaville.com and any website operated by Margaritaville or its affiliates or subsidiaries on which this policy is posted (collectively, the “Site”). By accessing, visiting or using the Site, you expressly consent to Margaritaville's collection, storage, use and disclosure of your information as described in this Privacy Policy. Please note that if you disagree with anything in this Privacy Policy, you must not use the Site.

1. Information You Voluntarily Provide To Margaritaville

If you open an account with us, purchase products or services, sign up for a mailing list, send us an email, or voluntarily share information with us in any other way, we receive and store the information you provide. You can choose not to voluntarily provide your information, but then you may not be able to use certain services or features offered through the Site.

Registration, Site Offerings and Other Communications: We may gather certain information voluntarily provided by you, such as your name, user name and password, address, phone number, email address, and other information about your background or personal interests, through various means, such as: (i) the Site's account registration process and mailing list service; (ii) portions of the Site that allow you to post comments and/or communicate with other users, sign up for promotional offers, download screensavers or other software, or use any other services we may offer from time to time (collectively referred to in this Privacy Policy as the “Site Offerings”); and (iii) through any communications you have with us. In addition, we may request information about other users through our “tell-a-friend” or other referral service, which is further explained below in Section 6.

We may also request similar information at our physical locations, including our restaurants, retail stores, and resort properties. However, this Privacy Policy applies only to information collected through the Site. Information about our customers that is collected at our physical locations may be subject to other terms, policies, or applicable local laws.

Online Orders: For the purpose of processing online orders, we may request contact information (including your name, address, email address, and phone number) and financial information (such as your credit card number).

2. Information That We Automatically Collect

Like many websites, we use automated tools or mechanisms to collect certain information pertaining to your use of the Site and online activities. Information that is automatically collected may be used to help us recognize you as a previous visitor to the Site, to serve relevant online advertising to you or to analyze trends and statistics (such as purchasing activities, the number of visits to certain webpages or websites, and similar data) to improve the services provided on our Site.

Use of Cookies: We may collect information about you and your use of the Site through the use of cookies. A cookie is a string of information that a website stores on your computer and that your browser provides to the Site each time you submit a query on this Site. Cookies collect information that may help us identify you (or your computer or network) and tell us how you accessed the Site and what parts were of interest to you. This information may include your Internet protocol address, referring website address, browser type and the times you accessed the Site. Internet protocol address is unique number that is assigned to each computer on the Internet. Referring website address is the domain name or URL of the webpage you were visiting immediately prior to when you accessed, visited or use the Site. Browser is the software application on your computer that lets you “see” websites (such as, Microsoft Internet Explorer, Mozilla Firefox, Google Chrome, Opera and Apple Safari).

IF YOU DO NOT WISH TO HAVE COOKIES PLACED ON YOUR COMPUTER, YOU CAN SET YOUR BROWSER TO REFUSE COOKIES BEFORE ACCESSING THE SITE. HOWEVER, DISABLING COOKIES MAY PREVENT OR CAUSE CERTAIN FEATURES OF THE SITE NOT TO FUNCTION PROPERLY. YOU MAY ALSO DELETE COOKIE FILES AFTER EACH VISIT DEPENDING ON THE TYPE OF BROWSER YOU USE, USUALLY BY GOING TO THE TOOLS MENU AND SELECTING "DELETE BROWSING HISTORY." SOME BROWSERS ALSO CONTAIN "DO NOT TRACK" FEATURES. FOR MORE INFORMATION, YOU SHOULD REVIEW THE SPECIFICATIONS OF YOUR BROWSER AND CONTACT YOUR SERVICE PROVIDER OR DEVICE MANUFACTURER.

Do Not Track Requests. Although your browser may allow you to adjust your browser settings so that “do not track” requests are sent to the websites that you visit, Margaritaville will not disable tracking technology that may be active on the Site in response to any “do not track” requests that we receive from your browser.

Use of Web Beacons: We may place web beacons on pages of this Website and in emails we send to you. A web beacon, also sometimes called a pixel tag or transparent GIF, is an object that is embedded in a web page. It is usually invisible to you, but allows website operators to check whether you have viewed a particular web page or email communication.

3. Information from Third Parties and Other Sources

We use third party analytics such as Google Analytics to gather and analyze anonymous user information. Google Analytics is a web analytics service provided by Google, Inc. (“Google”), to collect information about your use of the Site. Google may use cookies to collect information about your purchase history, the content you view, what websites you visit immediately prior to and after visiting the Site, and your system information and geographic information. The information collected though using Google Analytics is shared with Google. For more information on Google's privacy policies, visit http://www.google.com/privacypolicy.html.

The Site may also link to third-party websites or display advertisements by third-party advertisers. Third-party websites and advertisers may use information collected about your Internet activity via their own cookies, web beacons, or other automated tools to track the actions of users online over time and across different websites or platforms to assist them in delivering targeted electronic ads to you. For information about how tracking works for online advertising purposes you can visit http://www.aboutads.info/choices/.

You may be able to configure your browser to block third parties from tracking your activities, and some third-party companies may provide a mechanism to opt-out of their information gathering technologies. For more information about the opt-out process, you may visit the Network Advertising Initiative website, available at: http://www.networkadvertising.org/managing/opt_out.asp. We also encourage you to review the privacy policies of the different websites you visit.

We also receive information about users of the Site and/or other consumers and Internet users, either on an individual basis or in the aggregate, from affiliates, partners, research companies, or other third-party companies. This information is generally used to help us provide you with targeted advertisement or other information tailored to your preferences, and to analyze ways in which we can improve the Site and overall user experience.

4. Information Provided Through Your Use of Social Media

The Site enhances user experience by providing ways to communicate with us and other users through various third-party social media services, such as Facebook, Twitter, Google+, LinkedIn, and Myspace. For example, if you want to post a comment to the Site you will need to have a Facebook account and be logged in to Facebook. By logging in to a third-party social media service used to communicate or post a comment on the Site, you give us permission to access, store and use any information that you permit the applicable third-party social media service to share with us in accordance with the privacy settings that apply to your account with the third-party social media service you use post comments on the Site. In addition, your use of these social media services may result in the collection or sharing of information about you by these social media services. We encourage you to review the privacy policies and your privacy settings on the social media services with which you interact to make sure you understand the information that may be collected, used, and shared by those social media services. Information that we receive from third-party social media services is stored and used by us in accordance with this Privacy Policy.

Please note that if you do post a comment on the Site by logging in to a third-party social media service, your comment may be posted on both the Site and on the third-party social media service. In addition, the profile name and image you use for the applicable third-party social media service may be displayed on the Site along with your posted comment, and other visitors of the Site may be able to click on your name or image and view your third-party social media profile page, subject to the privacy settings implemented on the third-party social media website.

5. Information You Post on the Site.

Users are entirely and solely responsible for the comments, information and other content they provide and post on or transmit through the Site (“User Content”). Users are encouraged to exercise caution and good judgment when disclosing personal information (such as, name or user name, email address, phone number) on the public portions of this Site that allow users to post comments, communicate with us or other users, or otherwise interact with the Site. If you post information on public areas of the Site that information may be collected and used by Margaritaville, other users of the Site, and the public generally. We strongly recommend that you do not post any information through the Site that allows strangers to identify or locate you or that you otherwise do not want to share with the public.

6. How We Use The Information We Collect

We use information we collect about you to provide you with access to the services and features offered on the Site, and also help us enhance your experience on the Site and provide you with more relevant offers. We may use the information we collect about you to:

  • contact and communicate with you;

  • fulfill your online orders or other requests;

  • customize the content and advertising you see when visiting the Site;

  • conduct research and analysis for us and/or our affiliates or partners; and

  • provide you with relevant marketing and other information we think is of interest to you.

User Profiles: To enhance the Site's ability to tailor its functions to an individual's preferences, we may combine information about the purchasing habits of users with similar information from our partners or other sources to create a personalized user profile. When a user makes a purchase, affiliates or third-party companies collect and share that purchase information with us so we can tailor the Site and communications to our users.

Site and Service Updates: We may also use the information you provide to us to send you updates about the Site, service communications and other alerts relating to the Site. Registered users are not able to unsubscribe these updates, communications and alerts, which contain important information about the Site and services related to it. However, if a registered user no longer wants to receive these updates, communications and alerts, the registered user can elect to terminate his registration.

Tell-A-Friend: If you use our tell-a-friend or other referral service, we will ask you for your friend's name and email address. We will automatically send your friend a one-time email inviting your friend to visit the Site. We will use the information about your friend that you provide us for the sole purpose of sending this one-time email.

7. How We Share Your Information With Third Parties

From time to time, we may share the information we collect about you with our service providers, partners, affiliates, and third-party advertisers, if any, as follows:

Service Providers: We may use other companies or individuals (“Service Providers”) to provide certain services to us or on our behalf, such as operating and supporting the Site and its services, analyzing data, or performing marketing or consulting services. For example, we may use outside shipping companies to ship orders and outside credit card processing companies to bill for goods and services. We do not authorize these Service Providers to use your information for any purpose outside the services related to the Site or the purpose for which the applicable Service Provider was engaged by us.

These Service Providers (such as companies used to process shipping orders and credit card payments) may, in turn, provide us with similar information about you that may help us create your personalized user profile as well as other service enhancing features that we implement from time to time.

Marketing Partners and Third-Party Advertisers: From time to time, we may share information about you with our affiliates, partners, or other third-party companies so that they may send advertising and marketing communications to you. In addition, if you sign up for specific services that are provided by us and a partner, affiliate, or other third-party company, we may share information you provide to us with these third parties. For example, our sweepstakes and other promotional offers may be partnered with or co-sponsored by another company, and if you enter the sweepstakes or sign up for the offer, your information may be collected by that other company.

If you do not want us to share your information with our affiliates, partners and other third party companies for their own advertising and marketing purposes, please refer to our opt-out process in Section 12.

To Comply With Legal Process Or Protect Rights: There may be instances when we will need to disclose your information to: (i) protect or defend our legal rights, including without limitation, those of our employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety of users of the Site or members of the public; (iii) protect against fraud or for risk management purposes; or (iv) comply with the law or legal process, including subpoenas served on us.

Merger, Transfer of Assets or Bankruptcy: If we sell, merge or transfer all or part of our business or our assets, we may transfer your information to the new or acquiring entity. In the event of a bankruptcy, your information also may be transferred to a third party. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred user information will be subject to this Privacy Policy. However, any information you submit or that is collected after this type of transfer may be subject to a new privacy policy adopted by the successor entity.

8. Children

The Site is a general audience website and is not targeted at children. We do not knowingly collect personal information from anyone under the age of 13. If you become aware that we have unintentionally collected information from someone under the age of 13, please notify us immediately by sending an email to legal@margaritaville.com.

9. Links

The Site contains links to third-party websites or websites we do not operate or control. We encourage you to be aware when you leave the Site and to read the privacy policies of third-party websites. This Privacy Policy applies solely to information collected by this Site.

10. Security

We use commercially reasonable efforts to provide for the secure transmission of your information from your computer to our servers by using encryption software. We also seek to protect user information offline. However, we cannot guarantee or warrant the security of any information you transmit on or through the Site and you do so at your own risk.

11. Correction/Updating Information

If your information changes, or if you no longer desire to use our services, you may update or delete your profile by changing the information on your member information page on the Site or by emailing us at legal@margaritaville.com.

In addition, if you are a California resident under the age of 18 and are a registered user on the Site, you may request that we remove content or information about you that you posted on the Site by (a) submitting a request in writing to legal@margaritaville.com and (b) clearly identifying the content or information you wish to have removed and providing sufficient information to allow us to locate the content or information to be removed. However, please note that we are not required to erase or otherwise eliminate content or information if (i) other state or federal laws require us or a third party to maintain the content or information; (ii) the content or information was posted, stored, or republished by another user; (iii) the content or information is anonymized so that you cannot be individually identified; (iv) you do not follow the instructions posted in this Privacy Policy on how to request removal of your content or information; or (v) you have received compensation or other consideration for providing the content. Further, nothing in this provision shall be construed to limit the authority of a law enforcement agency to obtain the applicable content or information.

12. Opt-out

As noted in Section 7 above, we may share your information with third parties, including our affiliates, for their own marketing purposes. However, you can opt-out of having your information shared with these third parties by contacting us at legal@margaritaville.com. If you opt-out of having your information shared with third parties for their own marketing purposes at the time you provide us with your information, we will not share your information with these third parties. If you initially permit us to share your information with these third parties, and subsequently notify us that you want to opt-out of sharing your information with these third parties, we will stop sharing your information with these third parties for their own marketing purposes within a reasonable time period following our receipt of your election to opt-out. However, if we have shared your information with a third party prior to this time, that third party will continue to have your information and may continue to send marketing communications to you. If you no longer want to receive marketing communications from the applicable third party, you will need to notify the applicable third party directly.

Users who no longer wish to receive our email newsletter may opt-out simply by clicking the unsubscribe link at the bottom of the email. You may also unsubscribe at any time by emailing legal@margaritaville.com. Type “UNSUBSCRIBE” in the subject line. We will update our records as soon as possible, but no later than 30 days from your request. The opt-out options under this Section do not apply to Site and service communications sent to registered users as described in Section 6.

13. California Residents

Under California Civil Code sections 1798.83-1798.84, also known as the "Shine the Light Law," any of our users who are California residents are entitled to request and receive once a year, free of charge, a notice from us describing what categories of personal customer information (if any) we shared with third parties or corporate affiliates for their direct marketing purposes during the preceding calendar year. If applicable, the notice will identify the categories of information shared, the names and addresses of the third parties and affiliates with which information was shared. If you are a California resident and would like to request a copy of this notice, please submit a written request to the following address:

Legal Department
Margaritaville Enterprises, LLC
3379 Peachtree Road NE, Suite 900
Atlanta, Georgia 30326

In your request, please specify that you want a “California Privacy Rights Notice.” Please allow at least 30 (thirty) days for a response.

14. Conditions of Use, Notices and Revisions

Our business changes constantly and we may need to modify this Privacy Policy from time to time. We will alert you at least 30 days in advance by email if any material changes are made to this Privacy Policy (if you have given us your email address) and we will post a copy of the new policy on the Site no less than 30 days prior to its effective date. It is therefore important that you notify us if you change your email address. If you do not provide us with a current email address, you should regularly review this policy to ensure that you are informed of any changes. If you do not agree with any changes made to this Privacy Policy you must discontinue your use of the Site before the changes take effect.

15. Use of Information Outside Your Country of Residence

The Site is directed to users located in the United States. If you are located outside of the United States and you choose to use the Site or provide your information to us, your information may be transferred to, processed and maintained on servers or databases located in the United States. Your use of the Site represents your consent and agreement to these practices. If you do not want your information transferred to or processed or maintained in the United States, you should not use the Site.

16. Our Contact Information

If you have any questions about this Privacy Policy, you may contact us by postal mail at: Legal Department, Margaritaville Enterprises, LLC, 3379 Peachtree Road NE, Suite 900, Atlanta, Georgia 30326, or by email at legal@margaritaville.com.