PRIVACY POLICY

This Privacy Policy was last modified on December 18, 2020.

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This policy describes practices regarding personally identifiable information and data collected by MountainPlex Properties, LLC d/b/a: The Guest House Inn, Chessie’s, The Market on Courthouse Square, MountainPlex Media, Classic Hits 98.3FM, ESPN-The Ticket, Otter & Oak, and The Ritz Theatre. This policy applies to data received from our websites, applications, email, and text messages, call center, and social media accounts (the “Service”). When you use the Service, you agree to the terms in this policy.

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By subscribing to our newsletter or signing up for a discount code, you agree that we and/or our business partners may regularly send you marketing emails and/or text messages, phone calls, and other communications, which may include promotional coupons, discounted rates, and other services.

 

THE CATEGORIES OF PERSONAL INFORMATION WE COLLECT

Service information: When you use the Service, we may collect information from you. Some of it may be personal information. This information can include, but is not limited to, search history, IP address, screen resolution, browser used, operating system and settings, access times and referring URL. If you are using a mobile device, we may also collect data that identifies your device, your settings and your location.

 

Booking information: If you book a reservation via the Service, we may need additional information from you. This information can include your name (and the traveler’s name, if different), age, birthday, gender, email address, telephone number, credit card information, billing address, and itinerary.

 

Shipping information: If you make a purchase via the Service, we may need additional information from you. This information can include your name (and the recipient’s name, if different), email address, telephone number, credit card information, and billing address.

 

Purchase Confirmation: If you purchase advertising via the Service, we may need additional information from you. This information can include your name (and the business’s name, if different), email address, telephone number, credit card information, and billing address.

 

Customer support: If you choose to contact customer support, for example, through our call center or the messaging services on our websites, we will collect any inquires, complaint or other information that you may submit to our support team.

 

Promotional information: If you choose to participate in a sweepstake, contests or similar campaign, we will collect any information you provide in relation to such activity such as photos, images, captions or other content, in accordance with the terms provided at that time.

 

When you give us personal information, you are telling us that the information is true, accurate, complete and current. You are also telling us that you have the authorization to provide it to us.

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HOW WE COLLECT YOUR PERSONAL INFORMATION

Personal information you give to us: We collect your personal information directly from you. For example, when you provide us your personal information when you buy a product or book a reservation, contact our consumer support, or participate in a contest or sweepstake.

 

Personal information we collect passively: We also collect your personal information passively. For example, we collect information about you over time and across different websites when you visit our websites. We also use tracking tools like cookies, beacons, and pixels. 

 

Features of our Service may make use of your device attributes and settings that will allow us to determine your physical location. Such technologies may include IP address mapping, WiFi, GPS signals, cell tower positioning or other technologies. We use this information to enhance and personalize 

 

Personal information we receive from third parties: We may sometimes collect your personal information from third parties. This can include when you log in using a third party platform, such as Facebook, or when booking a reservation through our call center. In addition, we also integrate third-party software (i.e. Google’s Invisible CAPTCHA) that collects information about users for security reasons.

 

WHY WE USE YOUR PERSONAL INFORMATION

Your personal information may be used in the following ways:

Improving our services: To provide you and improve our Service and services, to better understand the users of our Service and services, and to protect our property and to prevent damage to them.

 

Bookings: We, our Booking Partners, and/or the Accommodation Suppliers use your personal information to process your bookings and store your itinerary information where applicable.

 

Marketing activities: We use your information for marketing purposes. These activities may include:

·       To display more relevant advertising and recommendations, or suppress advertising and content that you might find irrelevant. This advertising might be shown to you on our Service as well as third party Service (including social media sites) and include information or offers that we, or our business partners’, believe you will find interesting. Individualized advertising may be based on information collected through cookies or other tracking technologies.

·       If you choose to participate in promotional activities (such as sweepstakes, competitions or other similar campaigns), relevant information may be used to administer these promotions

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To communicate with you, including as follows:

·       To send booking, shipment or order confirmations

·       To send alerts and notifications you have subscribed to, including to your mobile device;

·       To solicit reviews

·       To update you regarding itineraries processed by our Service

·       To communicate with you if you have contacted us

·       To send you information servicing and administrative emails

 

Legal purposes: In certain cases we may need to use your information to handle and resolve legal disputes, for regulatory investigations and compliance or to enforce the terms of use of the service.

 

Performance of a contract: The use of your personal information may be necessary to perform the services and provide you products that you have requested from us. For example, if you make a booking on our Services, we need to collect personal information from you in order to complete the booking.

 

Legitimate interest: We may use your personal information for our legitimate interests, such as displaying relevant advertising and recommendations and for legal purposes

 

Consent: We may rely on your consent to use your data for certain direct marketing purposes. 

 

NON-PERSONAL / ANONYMIZED INFORMATION

Personal information is information you provide us which personally identifies you, such as your name, physical address, email address, phone number, credit card number and type (but only where we are processing payments at your request), password, age/birthday, phone number, social media identifiers, email or other personally identifying information. MountainPLex, LLC does not intentionally collect any personal information about your race, ethnicity, or political affiliations.

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Aggregated non-personal information (also known as de-identified information or anonymized information) is different from personal information. Aggregated non-personal information is information about our users, their computers or devices and/or use of our Service that are collected into groups so that it no longer reflects or references an individually identifiable user. This information may include, without limitation, information about use of our Service, web pages viewed or used, Service content accessed or used, IP addresses and device identifiers, information about hardware or software used to access the Service, user location information, page views, app usage, customization settings relating to the Service, and other types of information we collect that cannot reasonably be used to identify you personally. MountainPlex, LLC may collect and use aggregated non-personal information to improve the Service or for any other reason, at its sole discretion.

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GOOGLE ADSENSE

Some of the ads provided through our Service may be served by Google. Google's use of the DART cookie enables it to serve ads to you based on your visit to our websites and other sites on the Internet. DART uses aggregated non-personal information and does NOT track personal information about you, such as your name, email address, physical address, etc. 

 

 

HOW WE SHARE YOUR PERSONAL INFORMATION

Corporate affiliates and change of control: We may share your personal information with our corporate affiliates and if MountainPlex, LLC itself (or part of its business) is sold or otherwise changes control, owners would have access to your personal information for the uses set out herein.

 

Service providers: We may share your personal information with suppliers who perform services on our behalf and have agreed in writing to protect and not further disclose your information.

 

Vendors: We use third party vendors such as Mailchimp to host some of our Services and share information with them.  A copy of Mailchimp’s  privacy policy can be found here:  https://mailchimp.com/legal/privacy/

 

Payment service providers and travel vendors: If you book through the Service, we may share your personal information with our payment service provider, the Booking Partner you have booked with, and/or the Accommodation Supplier. This can include online travel agencies, hotels, and car rental companies. These third parties will process your personal information as data controllers in accordance with their own privacy policies. 

 

Business partners: We may share your personal information with various business partners with whom we may jointly offer products or services, or whose products or services may be offered on our website. Some of these business partners may use your personal information for online behavioral advertising purposes, or to offer you services or products that we believe you may be interested in. We may also share your information as otherwise described to you at the time of collection. For example, if you provide information to enter a sweepstakes, we may share your information with the promotional partners. We may also share anonymous aggregated usage information with partners.

 

Information shared in public: If you provide us a review of your trip or purchase, you authorize us to publish it on all our Service under the screen name you provided. You also authorize us to aggregate it with other reviews.

 

Authorities: We may disclose personal information if required by law, for example to law enforcement or other authorities. This includes court orders, subpoenas and orders arising from legal processes, and administrative or criminal investigations. We may also disclose your personal information if the disclosure is necessary for the prevention, detection or prosecution of criminal acts or to prevent other damage, or in response to a legal action or to enforce our rights and claims. We may also share anonymous aggregated information with others.

 

HOW WE STORE AND PROTECT YOUR PERSONAL INFORMATION

Our servers and data centers are located in the U.S, and our service providers may be located there or in other countries. By providing us personal information, you agree that your personal information may be transferred to and stored in these countries. These countries may have different and/or less stringent privacy/data protection and data security rules than those of your own country. As a result, your personal information may be subject to access requests from governments, courts, or law enforcement in those countries according to laws in those countries. Subject to the applicable laws in such other countries and their jurisdiction over data held by MountainPLex Properties, LLC, we will provide the necessary safeguards to maintain protections of your personal information. MountainPLex, LLC has a security program intended to keep the personal information stored in our systems protected from unauthorized access and misuse.

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Our systems are configured with data encryption, or scrambling technologies and firewalls constructed to industry standards. We also use Secure Socket Layer (SSL) technology that protects the data you send over the Internet. Personal information may only be accessed by persons within our organizations, or our third parties to carry out the uses indicated in this policy. In addition, information collected by Google’s Invisible CAPTCHA is held in accordance with the Google Privacy Policy. We will use all commercially reasonable methods to keep personal information securely in our files and systems. With current technology, however, we cannot guarantee the security of your data from all possible attacks or intrusions on our servers or guarantee the security of your data as it travels over the Internet. Thus, you hereby release MountainPlex, LLC from liability for any such possible attacks or intrusions that might compromise the security of your data.

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RETENTION PERIODS

We retain your personal information for communications related to your booking, purchase, or analytical purposes, as well as record keeping for as long as you have an account with guesthousewv.com, otterandoakwv.com, ritzwv.com, themarketwv.com, hits98.fm, theticket.com, chessie’s.com, or classifiedMPX.com. We will also retain your personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our contracts.

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OTHER WEBSITES

You may find advertising or other content on our Sites that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Sites. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and consumer service policies. Browsing and interaction on any other website, including websites which have a link to our Sites, is subject to that website's own terms and policies.

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MINORS

The Site and the Service are not directed to individuals under the age of eighteen (18), and  MountainPlex Properties, LLC does not knowingly collect personal information from minors. If we become aware that a minor is attempting to submit personal information, we will remove this information from our records. If you are the parent/legal guardian of a minor who has given us personal information, please contact us so we can delete it.

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CHANGES TO THIS POLICY

We may modify this policy at any time and without prior notice. We will notify you of major changes to how we use your personal information prior to implementing them. We may notify you about such a material change by email or notice on our website. By using our services and Service after we post these changes, you indicate you accept them.

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RIGHTS WITH RESPECT TO PERSONAL INFORMATION

Certain jurisdictions provide their citizens with additional rights relating to data. Although the laws in these jurisdictions may not apply to MuontainPlex Properties, LLC, we will, where reasonably possible, provide the following services for users in jurisdictions where such rights apply:

·       Access: You may be entitled at any time to obtain information about your personal information that we store, in accordance with applicable law and without any fee. However, in exceptional cases we ask you to pay reasonable fee before we provide the information if permitted by applicable law

·       Rectification: You may request that we rectify any of your personal information that is incomplete or incorrect

·       Deletion: You may request that we delete your account

·       Restrictions of processing: You may ask us to cease processing of your personal information f

·       Data portability: You may request us to send you your reservations or order confimations in a commonly used and machine readable format which shall be decided on MountainPlex Property's sole discretion

·       Right to withdraw consent: You may have the right to withdraw your consent at any time, without affecting the lawfulness of our processing based on such consent before it was withdrawn. We may request proof of your identity before acting upon any request. We may not be able to allow you to access certain personal information in some cases. For example if your personal information is connected with personal information of other persons, or for legal reasons. In such cases, we will provide you with an explanation of why you cannot obtain this information. We may also deny your request for deletion or rectification of your personal information due to statutory provisions, especially those affecting MountainPlex. LLC’s accounting, processing of claims, and mandatory data retention, which may prohibit deletion or anonymization, or if you are from a jurisdiction that does not provide these rights.

 

HOW TO CONTACT US OR MAKE A COMPLAINT

MountainPlex, LLC controls the processing of personal information on its Service. To exercise your rights, or if you have questions about our privacy practices or need assistance with exercising or understanding your privacy choices, please contact us using one of the following:

Email: marketing@mountainplex.com

Write: MountainPlex, LLC

PO Box 100

Hinton, WV 25951

Attn: Support/Privacy

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HOW MOUNTAINPLEX, LLC RESPONDS TO "DO NOT TRACK" SIGNALS

Some browsers have a “do not track” feature that lets you tell websites that you do not want to have your online activities tracked. These features are not yet uniform, so we are not currently set up to respond to those signals.

 

 

GOVERNING LAW AND INTERNATIONAL USERS

Unless otherwise stated in a part of the Service, the Service is controlled, operated and administered by MountainPlex, LLC from its office in West Virginia, United States of America and this policy is provided in accordance with and subject to applicable U.S. law and the law of the State of West Virginia. If you are based outside the United States and decide to access the Service from your location outside of the United States, you hereby agree to be subject to this notice and waive all privacy-related rights in other jurisdictions that conflict with U.S. law or this policy. You should not provide us with any personal information unless you consent to the application of United States law and, where applicable,  West Virginia law, and to the use and disclosure of your information in accordance with the terms of this policy.