Privacy Policy

This Privacy Policy describes how we collect, use, process, and disclose your information, including personal information, in conjunction with your access to and use of the Nikki Beach Website and App.

When this policy mentions “Nikki Beach,” “we,” “us,” or “our,” it refers to the Nikki Beach group that is responsible for your information under this Privacy Policy (The data controller).

When this policy mentions “Nikki Beach Website”, it refers to nikkibeach.com, nikkibeachhotels.com, nikkibeachlifestyle.com, nikkibeachcannes.com and pearlmiamibeach.com.

Nikki Beach Payments refers to any of the Nikki Beach entities, which need to collect payment information in order to provide services to our Customers and/or for the performance of the contract between you and us.

This Privacy Policy also applies to the Payment Services provided to you by Nikki Beach Payments. When using the Payment Services, you will be also providing your information, including personal information, to one or more Nikki Beach Payments entities, which will also be the Data Controller (the “Payments Data Controller“) of your information related to the Payment Services.

Nikki Beach is committed to protecting your privacy online. We appreciate that you do not want the personal information you provide to us distributed indiscriminately and here we explain how we collect information, what we do with it and what controls you have. Please read this Privacy Policy carefully. If you have questions or concerns regarding this Policy, please contact us (Hyperlink to datacontroloffice@nikkibeach.com).

This Privacy Policy applies in so far as we are acting as a data controller and responsibilities pertaining to the protection of personal data gathered on the Nikki Beach website and App.

Your acceptance of these terms

By visiting or using our websites, accepting our Cookie Policy, or by otherwise providing information to Nikki Beach, you consent to the collection, use and dissemination of personal information as outlined in this Policy, including transfers to third parties and foreign countries.

This Privacy Policy is effective as of 24 May 2018. The Policy will be reviewed from time to time and if any changes are made in the future, we will indicate the date of those changes.

1.- INFORMATION COLLECTED

There are three general categories of information we collect.

1.1.- Information You Give to Us.

Personal information: You provide most of the personal information when you visit our website to search for an event or product, download information, request information, complete a questionnaire or subscribe to a service or newsletter. You may also provide personal information including employment data if you send us a CV, resumé or other details of your employment history in connection with an advertised job vacancy or a general enquiry regarding employment opportunities. As a result of these actions, you may provide us with such information as your name, email address, postal address and telephone number as well as email addresses of your associates and other people with whom you share our content.

Nikki Beach does not seek sensitive information from visitors, concerning matters such as race, ethnicity, religious beliefs, political opinions, physical or mental health, or membership in trade unions. Your provision of any such information of your own volition constitutes consent to use such information in accordance with the terms of this privacy policy.

Nikki Beach does not seek information or market services or events to anyone below the age of 21 (twenty-one) in the U.S.A. or 18 (eighteen) in Europe and the rest of the world.

1.1.1.- Nikki Beach Reservation System.

We ask for and collect the following personal information about you when you use the Nikki Beach Reservation System. This information is necessary for the adequate performance of the contract between you and us and to allow us to comply with our legal obligations. Without it, we may not be able to provide you with all the requested services.

1.1.2.- Newsletter. When you sign up for the Nikki Beach Newsletter, we require certain information such as your first name, last name and email address.

1.2.- Information We Automatically Collect from Your Use of the Nikki Beach Website and App and Payment Services.

When you use the Nikki Beach Website and App and the Payment Services, we automatically collect information, including personal information, about the services you use and how you use them. This information is necessary for the adequate performance of our services, to enable us to comply with legal obligations and given our legitimate interest in being able to provide and improve the functionalities of the Nikki Beach Website and App and Payment Services.

  • Geo-location Information. When you use certain features of the Nikki Beach Website and App, we may collect information about your precise or approximate location as determined through data such as your IP address or mobile device’s GPS to offer you an improved user experience. Most mobile devices allow you to control or disable the use of location services for applications in the device’s settings menu. Nikki Beach may also collect this information even when you are not using the app if this connection is enabled through your settings or device permissions.
  • Usage Information. We collect information about your interactions with the Nikki Beach Website and App such as the pages or content you view and other actions on the Nikki Beach Website and App.
  • Log Data and Device Information. We automatically collect log data and device information when you access and use the Nikki Beach Website and App. That information includes, among other things: details about how you’ve used the Nikki Beach Website and App (including if you clicked on links to third party applications), IP address, access dates and times, hardware and software information, device information, device event information, unique identifiers, crash data, cookie data, and the pages you’ve viewed or engaged with before or after using the Nikki Beach Website and App.

Cookies and Similar Technologies. We use cookies and other similar technologies, such as pixels, and mobile identifiers. We may also allow our business partners to use these tracking technologies on the Nikki Beach Website and App, or engage others to track your behavior on our behalf. For more information on our use of these technologies, see our Cookie Policy.

  • Payment Transaction Information. Nikki Beach Payments may collect information related to your payment transactions, including the payment instrument used, date and time, payment amount, payment instrument expiration date and billing postcode, PayPal email address, IBAN information, your address and other related transaction details. This information is necessary for the adequate performance of the contract between you and Nikki Beach Payments and to allow the provision of the Payment Services.

1.3.- Information We Collect from Third Parties.

Nikki Beach Payments may collect information, including personal information, that others provide about you when they use the Nikki Beach Website and App and the Payment Services, or obtain information from other sources and combine that with information we collect through the Nikki Beach Website and App and the Payment Services. We do not control, supervise or respond for how the third parties providing your information process your personal data, and any information request regarding the disclosure of your personal information to us should be directed to such third parties.

  • Payment Transaction Information. Nikki Beach Payments may collect information related to your payment transactions via third party providers, including the payment instrument used, date and time, payment amount, payment instrument expiration date and billing postcode, PayPal email address, IBAN information, your address and other related transaction details. This information is necessary for the adequate performance of the contract between you and Nikki Beach Payments and to allow the provision of the Payment Services.
  • Other Sources. To the extent permitted by applicable law, we may receive additional information about you, such as demographic data or fraud detection information, from third party service providers and/or partners, and combine it with information we have about you. We may receive information about you and your activities on and off the Nikki Beach Website and App through partnerships, or about your experiences and interactions from our partner ad networks.

2.- LEGAL BASIS FOR THE PROCESSING OF YOUR DATA

Below are the types of lawful basis that we will rely on to process your personal data:

2.1.- Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us at datacontroloffice@nikkibeach.com.

2.2.- Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

2.3.- Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject.

3.- HOW WE USE INFORMATION WE COLLECT

We use, store, and process information, including personal information, about you to provide, understand, improve, and develop your experience on the Nikki Beach Website and App, create and maintain a trusted and safer environment and comply with our legal obligations.

3.1.- Provide, Improve, and Develop the Nikki Beach Website and App.  

Enable you to use the Nikki Beach Website and App.

Enable you to communicate with other Members.

Operate, protect, improve, and optimize the Nikki Beach Website and App and experience, such as by performing analytics and conducting research.

Provide customer service.

Send you service or support messages, updates, security alerts, and notifications.

If you provide us with your contacts’ information, we may process this information: (i) for fraud detection and prevention, and (ii) for any purpose you authorize at the time of collection.

To operate, protect, improve, and optimize the Nikki Beach Website and App and experience, and personalize and customize your experience we conduct profiling based on your interactions with the Nikki Beach Website and App.

We process this information given our legitimate interest in improving the Nikki Beach Website and App and our Customers’ experience with it.

3.2.- Provide, Personalize, Measure, and Improve our Advertising and Marketing.

Send you promotional messages, marketing, advertising, and other information that may be of interest to you based on your preferences (including information about Nikki Beach or partner campaigns and services) and social media advertising through social media platforms such as Facebook or Instagram).

Personalize, measure, and improve our advertising.

Administer referral programs, rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored or managed by Nikki Beach or our third party partners.

Conduct profiling on your characteristics and preferences (based on the information you provide to us, your interactions with the Nikki Beach Website and App, information obtained from third parties) to send you promotional messages, marketing, advertising and other information that we think may be of interest to you.

We will process your personal information for the purposes listed in this section given our legitimate interest in undertaking marketing activities to offer you products or services that may be of your interest. You can opt-out of receiving marketing communications from us by following the unsubscribe instructions included in our marketing communications or by emailing us at unsubscribe@nikkibeach.com.

3.3.- How the Payments Data Controller uses the Information Collected.

Enable you to make a reservation for a table, sunbed or for one of our special events for which tickets are required.

Detect and prevent fraud, abuse, security incidents, and other harmful activity.

Conduct security investigations and risk assessments.

Conduct checks against databases and other information sources.

Comply with legal obligations.

Enforce the Payment Terms and other payment policies.

With your consent, send you promotional messages, marketing, advertising, and other information that may be of interest to you based on your preferences.

The Payments Data Controller processes this information given its legitimate interest in improving the Payment Services and its users’ experience with it, and where it is necessary for the adequate performance of the contract with you and to comply with applicable laws.

4.- SHARING & DISCLOSURE

4.1.- With Your Consent.

Where you have provided consent, we share your information, including personal information, as described at the time of consent, such as when you participate in promotional activities conducted by Nikki Beach’s partners or third parties.

4.2.- Compliance with Law, Responding to Legal Requests, Preventing Harm and Protection of our Rights.

Nikki Beach and Nikki Beach Payments may disclose your information, including personal information, to courts, law enforcement or governmental authorities, or authorized third parties, if and to the extent we are required or permitted to do so by law or if such disclosure is reasonably necessary: (i) comply with our legal obligations, (ii) to comply with legal process and to respond to claims asserted against Nikki Beach, (iii) to respond to verified requests relating to a criminal investigation or alleged or suspected illegal activity or any other activity that may expose us, you, or any other of our users to legal liability, (iv) to enforce and administer our Terms of Service, the Payment Terms or other agreements with Members, or (v) to protect the rights, property or personal safety of Nikki Beach, its employees, its Members, or members of the public.

Where appropriate, we may notify Customers about legal requests unless: (i) providing notice is prohibited by the legal process itself, by court order we receive, or by applicable law, or (ii) we believe that providing notice would be futile, ineffective, create a risk of injury or bodily harm to an individual or group, or create or increase a risk of fraud upon Nikki Beach property, its Customers and the Nikki Beach Website and App. In instances where we comply with legal requests without notice for these reasons, we will attempt to notify that Customer about the request after the fact where appropriate and where we determine in good faith that we are no longer prevented from doing so.

4.3.- Service Providers.

Nikki Beach and Nikki Beach Payments uses a variety of third party service providers to help us provide services related to the Nikki Beach website and App and the Payment Services. Service providers may be located inside or outside of the European Economic Area (“EEA”). In particular, our service providers are based in the EU and the USA.

For example, service providers may help us: (i) verify your identity or authenticate your identification documents, (ii) check information against public databases, (iii) conduct background or police checks, fraud prevention, and risk assessment, (iv) perform product development, maintenance and debugging, (v) allow the provision of the Nikki Beach Services through third party platforms and software tools (e.g. through the integration with our APIs), or (vi) provide customer service, advertising, or payments services. These providers have limited access to your information to perform these tasks on our behalf and are contractually bound to protect and to use it only for the purposes for which it was disclosed and consistent with this Privacy Policy.

4.4.- Corporate Affiliates.

To enable or support us in providing the Nikki Beach Website and App and the Payment Services, we may share your information, including personal information, within our corporate family of companies that are related by common ownership or control.

  • Sharing with Penrod Management Group, Inc. Even if your Country of Residence is not the United States, your information may be shared with Penrod Management Group, Inc. which provides the technical infrastructure for the Nikki Beach Website and App, development and maintenance, customer support, trust and safety and other business operation services to other Nikki Beach entities. The data sharing is necessary for the performance of our services and is based on our legitimate interests in providing the Nikki Beach Website and App globally.
  • Sharing with Nikki Beach Payments. In order to facilitate payments on or through the Nikki Beach Website and App, certain information may be shared with the relevant Nikki Beach Payments entity. The data sharing is necessary for the performance of the contract between you and us.
  • The data sharing is necessary for the performance of our services.

Additionally, we share your information, including personal information, with our corporate affiliates in order to support and integrate, promote, and to improve the Nikki Beach Website and App and our affiliates’ services.

4.5.- Social Media Platforms.

Where permissible according to applicable law we may use certain limited personal information about you, such as your email address, to hash it and to share it with social media platforms, such as Facebook or Google, to generate leads, drive traffic to our websites or otherwise promote our products and services or the Nikki Beach Website. These processing activities are based on our legitimate interest in undertaking marketing activities to offer you products or services that may be of your interest.

The social media platforms with which we may share your personal data are not controlled or supervised by Nikki Beach. Therefore, any questions regarding how your social media platform service provider processes your personal data should be directed to such provider.

Please note that you may, at any time ask Nikki Beach to cease processing your data for these direct marketing purposes by sending an e-mail to unsubscribe@nikkibeach.com.

4.6.- Business Transfers.

If Nikki Beach undertakes or is involved in any merger, acquisition, reorganization, sale of assets, bankruptcy, or insolvency event, then we may sell, transfer or share some or all of our assets, including your information in connection with such transaction or in contemplation of such transaction (e.g., due diligence). In this event, we will notify you before your personal information is transferred and becomes subject to a different privacy policy.

4.7.- Aggregated Data.

We may also share aggregated information (information about our users that we combine together so that it no longer identifies or references an individual user) and other anonymized information for regulatory compliance, industry and market analysis, demographic profiling, marketing and advertising, and other business purposes.

 

5.- OTHER IMPORTANT INFORMATION

5.1.- Linking Third Party Accounts.

You may link your Nikki Beach App Account with your account at a third party social networking service. Your contacts on these third party services are referred to as “Friends.”

We only collect your information from linked third party accounts to the extent necessary to ensure the adequate performance of our contract with you, or to ensure that we comply with applicable laws, or with your consent.

5.2.- Google Maps/Earth.

Parts of the Nikki Beach Website and App use Google Maps/Earth services, including the Google Maps API(s). Use of Google Maps/Earth is subject to Google Maps/Earth Additional Terms of Use and the Google Privacy Policy.

6.- THIRD PARTY PARTNERS & INTEGRATIONS

The Nikki Beach Website and App may contain links to third party websites or services, such as third party integrations, co-branded services, or third party-branded services (“Third Party Partners”). Nikki Beach doesn’t own or control these Third Party Partners and when you interact with them, you may be providing information directly to the Third Party Partner, Nikki Beach, or both. These Third Party Partners will have their own rules about the collection, use, and disclosure of information. We encourage you to review the privacy policies of the other websites you visit.

7.- YOUR RIGHTS

You may exercise any of the rights described in this section before your applicable Nikki Beach Data Controller and Payments Data Controller by sending an email to datacontroloffice@nikkibeach.com. Please note that we may ask you to verify your identity before taking further action on your request.

7.1.- Managing Your Information.

You may access and update some of your information through your Nikki Beach App Account settings. If you have chosen to connect your Nikki Beach App Account to a third-party application, like Facebook or Google, you can change your settings and remove permission for the App by changing your Account settings. You are responsible for keeping your personal information up-to-date.

7.2.- Rectification of Inaccurate or Incomplete Information.

You have the right to ask us to correct inaccurate or incomplete personal information concerning you (and which you cannot update yourself within your Nikki Beach App Account).

7.3.- Data Access and Portability.

In some jurisdictions, applicable law may entitle you to request copies of your personal information held by us. You may also be entitled to request copies of personal information that you have provided to us in a structured, commonly used, and machine-readable format and/or request us to transmit this information to another service provider (where technically feasible).

7.4.- Data Retention and Erasure.

We generally retain your personal information for as long as is necessary for the performance of the contract between you and us and/or to comply with our legal obligations and/or for as long as we have a legitimate interest in undertaking marketing activities to offer you products or services that may be of your interest. If you no longer want us to use your information to provide the Nikki Beach App and/or marketing materials to you, you can request that we erase your personal information and close your Nikki Beach App Account. Please note that if you request the erasure of your personal information:

  • We may retain some of your personal information as necessary for our legitimate business interests, such as fraud detection and prevention and enhancing safety.
  • We may retain and use your personal information to the extent necessary to comply with our legal obligations. For example, Nikki Beach and Nikki Beach Payments may keep some of your information for tax, legal reporting and auditing obligations.
  • Because we maintain the Nikki Beach Website and App to protect from accidental or malicious loss and destruction, residual copies of your personal information may not be removed from our backup systems for a limited period of time.

7.5.- Withdrawing Consent and Restriction of Processing.

Where you have provided your consent to the processing of your personal information by Nikki Beach you may withdraw your consent at any time by changing your App Account settings or by sending a communication to Nikki Beach specifying which consent you are withdrawing to unsusbscribe@nikkibeach.com. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal. Additionally, in some jurisdictions, applicable law may give you the right to limit the ways in which we use your personal information, in particular where (i) you contest the accuracy of your personal information; (ii) the processing is unlawful and you oppose the erasure of your personal information; (iii) we no longer need your personal information for the purposes of the processing, but you require the information for the establishment, exercise or defense of legal claims; or (iv) you have objected to the processing pursuant to Section 6.6 and pending the verification whether the legitimate grounds of Nikki Beach override your own.

7.6.- Objection to Processing.

In some jurisdictions, applicable law may entitle you to require Nikki Beach and Nikki Beach Payments not to process your personal information for certain specific purposes (including profiling) where such processing is based on legitimate interest. If you object to such processing Nikki Beach and/or Nikki beach Payments will no longer process your personal information for these purposes unless we can demonstrate compelling legitimate grounds for such processing or such processing is required for the establishment, exercise or defense of legal claims.

Where your personal information is processed for direct marketing purposes, you may, at any time ask Nikki Beach to cease processing your data for these direct marketing purposes by sending an e-mail to unsubscribe@nikkibeach.com.

7.7.- Lodging Complaints.

You have the right to lodge complaints about the data processing activities carried out by Nikki Beach and Nikki Beach Payments before the competent data protection authorities.

8.- OPERATING GLOBALLY

To facilitate our global operations Nikki Beach and Nikki Beach Payments may transfer, store, and process your information within our family of companies or with service providers based in Europe, USA, UAE, and Thailand. Laws in these countries may differ from the laws applicable to your Country of Residence. For example, information collected within the EEA may be transferred, stored, and processed outside of the EEA for the purposes described in this Privacy Policy. Where we transfer, store, and process your personal information outside of the EEA we have ensured that appropriate safeguards are in place to ensure an adequate level of data protection.

 

8.1.- Other Means to Ensure an Adequate Level of Data Protection.

If your information is shared with corporate affiliates or third party service providers outside the EEA, we have – prior to sharing your information with such corporate affiliate or third party service provider – established the necessary means to ensure an adequate level of data protection. This may be an adequacy decision of the European Commission confirming an adequate level of data protection in the respective non-EEA country.

9.- SECURITY

We are continuously implementing and updating administrative, technical, and physical security measures to help protect your information against unauthorized access, loss, destruction, or alteration. Some of the safeguards we use to protect your information are firewalls and data encryption, and information access controls. If you know or have reason to believe that your Nikki Beach Account credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Nikki Beach Account, please contact us following the instructions in the Contact Us section below.

Nikki Beach places great importance on the security of all personally identifiable information associated with our users. We have security measures in place to attempt to protect against the loss, misuse and alteration of personal information under our control. For example, our security and privacy policies are periodically reviewed and enhanced as necessary and only authorized personnel have access to user information. User data held on our website is encrypted. While we cannot ensure or guarantee that loss, misuse or alteration of information will not occur, we use all reasonable efforts to prevent this.

In the unlikely event of a data breach, we will work to inform the Supervisory Authority (www.cnil.fr) and concerned data subjects within 72 hours of becoming aware of the breach, in accordance with Articles 33 and 34 of the GDPR.

You should bear in mind that transmission of information over the Internet is never entirely secure. We cannot guarantee the security of information you transmit to the website and any such transmission is at your own risk.

It is advisable to close your browser when you have finished your user session to help ensure others do not access your personal information if you use a shared computer or a computer in a public place.

10.- CHANGES TO THIS PRIVACY POLICY

Nikki Beach reserves the right to modify this Privacy Policy at any time in accordance with this provision. If we make changes to this Privacy Policy, we will post the revised Privacy Policy on the Nikki Beach Website and App and update the “Last Updated” date at the top of this Privacy Policy. We will also provide you with notice of the modification by email at least three (3) days before the date they become effective. If you disagree with the revised Privacy Policy, you may cancel your Nikki Beach App Account. If you do not cancel your Nikki Beach App Account before the date the revised Privacy Policy becomes effective, your continued access to or use of the Nikki Beach Website and App will be subject to the revised Privacy Policy.

11.- CONTACT US

If you have any questions or complaints about this Privacy Policy or Nikki Beach’s information handling practices, you may email us or contact us at: datacontroloffice@nikkibeach.com.

Nikki Beach SAS

1093 Route de l’Épi

83350 Ramatuelle

France

Company registration (SIREN) number: 441 680 188