TAB3PO99RC100B 5.18.23

OFFER

This vacation package is valid for residents of the United States and Canada. The purchaser of this vacation is entitled to a Poconos vacation for two adults and up to 2 children in the same room and includes three (3) night’s accommodations in the Poconos Mountains at the Poconos Mountain Villas Resort, Wyndham Shawnee Village or similar (subject to availability) plus a $100 FOOD, DRINK AND ACTIVITIES CREDIT to be used for onsite food, drinks, amenities, and activities during your stay (see GIFT section below for details) and a bonus 7-Night Resort Condo Vacation for Two. Travel to the Poconos must be completed within 12 months of the purchase date. The promoter of this vacation is VacationVIP, LLC located at 6675 Westwood Blvd. Suite 200 Orlando, FL 32821. Vacation reservations are processed and confirmed by its Reservation partner, Take A Break Travel, LLC. (TAB), registered Seller of Travel Florida No. ST36769 and California CST 2094932. TAB can be reached via [email protected] or via phone, at 833-503-2700, Monday through Friday between 9:00 AM and 6:30 PM ET. If any component of the vacation is not available with our advertised Hotel providers on the purchaser’s travel dates, the promoter reserves the right to substitute a provider or component of equal or greater value. The verifiable retail value of accommodations varies by season and dates of travel and ranges from $79 to $186 per night, per room plus applicable hotel taxes. The approximate retail value of this vacation is up to $668.00, depending on time of year traveled. All Hotels require valid photo identification and a valid major credit or debit card upon check-in to cover the cost of incidental charges such as meals, gratuities, hotel taxes, security deposits, resort fees and parking which are not included and are itemized below.

ELIGIBILITY

To be eligible to participate in this promotional offer, adult couples or singles must meet the following qualifications: be employed full time with a minimum, annual gross household income of $50,000 or retired, if retired must be 55 years of age or older. All participants must be creditworthy and carry an active major credit, or debit card. Participants must speak English fluently. Additionally, if married or cohabiting, one traveler must be at least 28 years of age and must travel and attend the entire presentation together. Married and Cohabiting couples must have matching identification with the same address. Single women must be at least 30 years of age and meet the qualifications listed above. Attendance at a sales presentation on the benefits of a discounted Vacation Membership Program, lasting approximately 90 to 120 minutes, (depending upon your level of interest) is required. Minimum credit qualifications must be met to stay at the advertised accommodations. Alternative accommodations may be offered for those that do not meet the minimum credit qualifications. This vacation is fully transferable to another party that meets the qualifications with payment of a $25.00 transfer fee.

The purchaser may not utilize more than one offer/vacation package fulfilled by TAB within any consecutive three (3) month period and may not travel back to the same resort within a six (6) month period and/or on more than three (3) occasions. The purchaser cannot have previously purchased a vacation membership within six (6) months and/or may not have outstanding or delinquent balances owed to the travel club or resort.

This offer may not be combined or used in conjunction with any other offer provided by the promoter, or its affiliates. This offer is limited to one vacation per household/family within or outside of same residence and is not valid for more than one couple traveling together, groups traveling together, family reunions, two or more families traveling together, or for anyone attending a convention or conference. Those who violate the previously mentioned group policy will only be eligible to attend one sales presentation together and will receive one $100 ONSITE FOOD, DRINK AND ACTIVITIES CREDIT and one 7-Night Resort Condo Vacation regardless of the number of vacation packages being used. Those who do not attend the sales presentation in its entirety will not receive the $100 ONSITE FOOD, DRINK AND ACTIVITIES CREDIT, the 7-Night Resort Condo Vacation, will forfeit all monies collected and will be charged the retail value of the accommodations and amenities.

RESERVATIONS

You may complete your reservation request form online or contact our Reservation partner, Take A Break Travel (“TAB”) at 1-833-503-2700 or 954-289-1431 (Mon-Fri 9:00 am – 6:30 pm ET). Check-ins are available Thursday through Monday on a space available basis and are subject to TAB’s hotel allotments. Please provide a minimum of 10 days’ advance notice prior to your requested check-in date as certain days of the week and times of the year sell out quickly and become extremely limited. Certain times of the year (such as holidays, large conventions, sporting events, and special events) may be available at an additional fee. Please contact the Reservations Department for more details. Do not book airline flights until you have received your final confirmation letter from TAB. Changes to a confirmed reservation are accepted up to 5 days prior to a confirmed arrival for a $25 change fee. Any changes to a hotel reservation within 4 days of arrival, failure to check in to the Welcome Center prior to Hotel Check-in, No Shows to the hotel or failure to attend the travel membership presentation in its entirety will result in forfeiture of the vacation package and a forfeiture of all monies including the FOOD, DRINK, AND ACTIVITIES CREDIT and the bonus 7-Night Resort Condo Vacation.

Approximately 60 days prior to your arrival you will receive a text requesting you to contact TAB to complete the verification of eligibility of your account. Failure to contact TAB within 15 business days of your arrival will result in cancellation of your reservation and it will not be eligible for reinstatement. In addition, 14 days prior to your arrival you will receive an email, text and/or phone call to contact TAB to complete your final confirmation of your arrival. Failure to respond within 5 days of your arrival date will result in your vacation package being canceled and will not be eligible for reinstatement.

Hotel room taxes of approximately $12-$24 per night (depending on hotel, day of the week, and time of year) are payable directly to the hotel upon check in at the hotel. Resort Fees of approximately $15 to $25 per day plus tax are payable directly to the hotel upon check-in. Any parking fees that may or may not be imposed by the hotel are payable directly to the hotel at each property’s published rates. All fees charged and/or credit card preauthorization’s by the hotel are subject to change at the hotel’s discretion. A $49.00 Refundable Reservation Deposit will be charged at the time of booking to guarantee your arrival. Deposits will be refunded in full upon completion of your required presentation in its entirety, in the form of gifting to be used towards activities in your area of travel.

GIFT

The $100 FOOD, DRINK, AND ACTIVITIES CREDIT is to be used during your stay for onsite amenities and activities that include but are not limited to dining and drinks (inclusive of alcoholic beverages), Resort Incidentals or other onsite activities and is based on availability and subject to change at the resort/hotel’s discretion without notice. The FOOD, DRINK AND ACTIVITES CREDIT EXCLUDES Taxes, Room Tax, Resort Fees, extra Room nights or upgrades, Rental reservations, Horseback Riding, Golf, or Paintball and is not valid for any food, drink activities, tickets, transportation, or other services that do not take place at the resort. Must be 21 years of age or older to include any alcohol. Once you have chosen your food, drink, incidental, and activities, apply them to your Room Folio and the credit will be issued to your Room Folio at checkout. The FOOD, DRINK, AND ACTIVITIES CREDIT is not redeemable for cash and has no cash back value. There will be no refunds for any unused credit nor for any unused or cancelled activities. If accommodations are altered due to availability the FOOD, DRINK, AND ACTIVITIES CREDIT will be replaced with a $100 voucher good toward the retail value of area amenities and/or attractions. The Bonus Vacation includes 7-night accommodations in a resort condominium at a destination of your choice throughout the US, Canada, Caribbean, or Mexico. Availability is limited during peak seasons and vary by location. Preferred dates must be at least 45 days in advance with a minimum of 30 days. The bonus vacation requires payment of government taxes, carrier and agency-imposed fees starting at $15 per night per traveler. Additional resort fees may be due at check-in which are charged and collected by the resort at the time of check-in. A $150 refundable deposit will be collected at the time of booking.

ADDITIONAL TERMS

The following people are not eligible for this promotional offer: employees of any fractional resort, vacation ownership company, vacation club, or any hotel brand affiliated with a timeshare brand or a vacation club, or an agent, or a family member of an employee or an agent, of the promoter or any of its affiliates or vendors. Full-time students are not eligible. The Reservation partner acts as an agent for hotels and all other services supplied as part of this vacation package and shall not be liable for any loss, cancellation costs, delays, irregularities, accidents, injuries, damage to persons or property, indirect, incidental, special or consequential damages, arising from, or in conjunction with, any of these services. The Reservation partner will not assume any responsibility and shall not be liable for delays, cancellations, or interruptions due to nature, strikes, Acts of God, acts of war or terrorism, and other acts beyond its control. This promotion will be offered throughout the U.S.; however, it is void where prohibited by law and where state regulation and/or licensing requirements have not been met. Take A Break Travel is registered as a Seller of Travel in the following states: Florida Registration No. ST36769; California Registration No. CST 2094932.

YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR OBLIGATION WITHIN 30 DAYS FROM THE DATE OF PURCHASE OR RECEIPT OF THE VACATION CERTIFICATE, WHICHEVER OCCURS LATER. YOU MAY ALSO CANCEL THIS CONTRACT IF ACCOMMODATIONS OR FACILITIES ARE NOT AVAILABLE PURSUANT TO A REQUEST FOR USE AS PROVIDED IN THE CONTRACT. IF YOU DECIDE TO CANCEL, YOU MUST NOTIFY THE SELLER IN WRITING OF YOUR INTENT TO CANCEL BY RETURNING THE CERTIFICATE AND SENDING NOTICE TO: TABT VACATION VIP AT 6400 NORTH ANDREWS AVE, STE 340, FORT LAUDERDALE, FL 33309. NO PURCHASER SHALL RELY UPON REPRESENTATIONS OTHER THAN THOSE INCLUDED IN THIS CONTRACT. THIS CONTRACT IS FOR THE PURCHASE OF A VACATION CERTIFICATE AND PUTS ALL ASSIGNEES ON NOTICE OF THE CONSUMER’S RIGHT TO CANCEL UNDER SECTION 559.933, FLORIDA STATUTES.

The purpose of this promotional offer is to present and offer the benefits of discounted travel membership.

MANDATORY ARBITRATION PROVISION:

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. You have the right to opt out of this Agreement if you follow the instructions set out in the paragraph titled “You Have the Right to Reject Arbitration or Opt Out of Arbitration” below.

EXCEPT WHERE PROHIBITED BY LAW, IN THE EVENT OF A DISPUTE OR CLAIMS BETWEEN YOU AND TAKE A BREAK TRAVEL LLC., A FLORIDA CORPORATION (HEREINAFTER “US”, “OUR”, “TABT” OR “WE” AS APPROPRIATE) INCLUDING BUT NOT LIMITED TO ANY ARISING OUT OF OR RELATING TO (I) THIS ACCOUNT; (II) THE RELATIONSHIPS RESULTING FROM THIS ACCOUNT; (III) ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND US; (IV) THE PRIVACY POLICY; (V) THE TERMS AND CONDITIONS; (VI) ANY TELEMARKETING OR OTHER CALL OR MESSAGE (INCLUDING BUT NOT LIMITED TO SMS//MMS/TEXT MESSAGES) YOU CLAIM TO HAVE RECEIVED FROM US OR ONE OF OUR PARTNERS; (VII) ANY E-MAIL YOU CLAIM TO HAVE RECEIVED FROM US OR ONE OF OUR PARTNERS; (VIII) YOUR USE OR ATTEMPTED USE OF ANY WEBSITE OF OURS OR OUR PARTNERS; OR (IX) ANY OFFERS OR PROMOTIONS; (X) ANY APPLICATIONS OR SUBMISSIONS OR (XI) OR ANY OTHER DISPUTE OR CLAIM BETWEEN YOU AND US ( HEREINAFTER COLLECTIVELY KNOWN AS "CLAIM"), YOU AGREE THAT ANY CLAIM(S) YOU HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION, AS DESCRIBED BELOW, INSTEAD OF IN COURT. ANY CLAIM (EXCEPT FOR A CLAIM CHALLENGING THE VALIDITY OR ENFORCEABILITY OF THIS ARBITRATION AGREEMENT, INCLUDING THE CLASS ACTION WAIVER) MUST BE RESOLVED THROUGH BINDING CONFIDENTIAL ARBITRATION. THIS MEANS NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL AND YOU VOLUNTARILY, AND KNOWINGLY ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. YOU ALSO ACKNOWLEDGE AND AGREE THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERYRIGHTS AND/OR THE RIGHT TO APPEAL ARE LIMITED IN ARBITRATION OR MAY NOT EXIST. This section applies regardless of whether such claims are based in contract, tort, statute, fraud, unfair competition, misrepresentation or any other legal theory.

CLASS ACTION WAIVER: YOU AGREE THAT YOU ARE VOLUNTARILY AND KNOWINGLY AGREEING THAT ARBITRATION MUST BE ON AN INDIVIDUAL BASIS AND IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING(S). THIS MEANS NEITHER YOU NOR WE MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER ACCOUNTHOLDERS, COMPANIES, INDIVIDUALS, ANY OTHER PURPORTED CLASS MEMBERS OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then after all appeals from that decision have been exhausted, that claim (and only that claim) must be severed from the arbitration and may be brought in court. Only a court, and not an arbitrator, shall determine the validity, scope, and effect of the Class Action Waiver.

Your Right to Go To Small Claims Court: You may choose to pursue your dispute or Claim in small claims court (or your state’s equivalent court) rather than by Arbitration if your dispute or Claim qualifies for small claims court for the entirety of the proceeding. Such a small court dispute or Claim must be brought in a location where jurisdiction and venue over you and TABT is proper. However, if such a dispute or Claim is transferred, removed or appealed to a different court, we may then demand/transfer the dispute or Claim to Arbitration pursuant to the terms of this Agreement. Additionally, any such small claims court claim shall be brought and maintained only as an individual action and shall not be joined or consolidated with any class or other representative action. Any attempt to maintain a small claims court action as a non-individual action shall result in the immediate dismissal of the action, and you shall be liable to pay our reasonable attorney’s fees and costs in connection with securing the dismissal of any such action.

Governing Law and Rules: This arbitration agreement is governed by the Federal Arbitration Act (FAA). Arbitration must proceed only with the American Arbitration Association (AAA) or JAMS. The rules for the arbitration will be those in this arbitration agreement and the procedures of the chosen arbitration organization, but the rules in this arbitration agreement will be followed if there is disagreement between the agreement and the organization’s procedures. If the organization’s procedures change after the claim is filed, the procedures in effect when the claim was filed will apply. Arbitration may be conducted through the submission of documents, by phone, or in person in the county where you live or at another mutually agreed location. The arbitrator shall follow the substantive laws of the State of Florida, excluding its conflict of law provisions unless we agree that the substantive law of the State in which you reside may be followed and applied. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. For a copy of each organization’s procedures, to file a claim or for other information, please contact:

• AAA at 1101 Laurel Oak Rd., Voorhees, NJ 08043, www.adr.org phone 1-877-495-4185) or
• JAMS at 620 Eighth Ave., Floor 34, New York, NY 10018, www.jamsadr.com (phone 1-800-352-5267).

If both AAA and JAMS are completely unavailable, and if you and we cannot agree on a substitute, then either you or we may request that a court with jurisdiction appoint a substitute arbitration company/arbitrator.

YOU AND WE AGREE NOT TO BRING OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR COLLECTIVE ARBITRATION, EVEN IF AAA’S PROCEDURES OR RULES WOULD OTHERWISE ALLOW ONE. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT OF THAT PARTY’S INDIVIDUAL CLAIM.

Fees and Costs: If you wish to begin arbitration against us but you cannot afford to pay the organizations or arbitrator’s costs, we will advance those costs if you ask us in writing. Any request like this should be sent to Take a Break Travel, LLC., Attn: Legal Department, 6400 N. Andrews Ave., Suite 340, Fort Lauderdale, Florida 33309. If you lose the arbitration, the arbitrator will decide whether you must reimburse us for the money we advanced for you for the arbitration. If you win the arbitration, we will not ask for reimbursement of the money we advanced. Additionally, if you win the arbitration, the arbitrator may decide that you are entitled to be reimbursed your reasonable attorneys’ fees and costs (if actually paid by you). The parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.

Hearings and Decisions: Arbitration hearings will take place in the federal judicial district where you live. A single arbitrator will be appointed. The arbitrator must:

• Follow all applicable substantive law, except when contradicted by the FAA;
• Follow applicable statutes of limitations.
• Honor valid claims of privilege.
• Issue a written decision including the reasons for the award.

The arbitrator’s decision will be final and binding except for any review allowed by the FAA. However, if more than $100,000 was genuinely in dispute, then either you or we may choose to appeal to a new panel of three arbitrators. The appellate panel is completely free to accept or reject the entire original award or any part of it. The appeal must be filed with the arbitration organization not later than 30 days after the original award is issued. The appealing party pays all appellate costs unless the appellate panel determines otherwise as part of its award.

Claim Notice and Special Payment: If you have a Claim, before initiating an arbitration proceeding, you may give us written notice of the Claim ("Claim Notice") at least 30 days before initiating the arbitration proceeding. The Claim Notice must include your name, address, phone number and account number (if applicable) and explain in reasonable detail the nature of the Claim and any supporting facts. Any Claim Notice shall be sent to us at Take a Break Travel, LLC., Attn: Legal Department, 6400 N. Andrews Ave., Suite 340, Fort Lauderdale, Florida 33309 (or such other address as we shall subsequently provide to you). If we provide you with a final written settlement offer and you don't accept it, or we can't otherwise satisfactorily resolve your dispute, you must submit your dispute for resolution by arbitration as outlined above and in accordance with the arbitration organizations procedures. If, and only if, (1) you submit a Claim Notice in accordance with this Agreement on your own behalf (and not on behalf of any other party); and (2) an arbitrator, after finding in your favor in any respect on the merits of your claim, issues you an award that (excluding any arbitration fees or attorneys’ fees and costs awarded by the arbitrator) is greater than the value of TABT’s last written settlement offer made before an arbitrator was selected, then you will be entitled to the amount of the award or $5,000, whichever is greater. If you are entitled to the $5,000, you will receive in addition any arbitration fees or attorneys’ fees and costs awarded by the arbitrator. Any arbitration award may be enforced (such as through a judgment) in any court with jurisdiction.

Other Beneficiaries of this Provision: In addition to you and us, the rights and duties described in this arbitration agreement apply to our Affiliates and our and their officers, directors and employees; any third-party co-defendant of a claim subject to this arbitration provision; and all joint Accountholders and Authorized Users of your Account(s) or relationship between us and you. YOU AND WE AGREE NOT TO BRING OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR COLLECTIVE ARBITRATION, EVEN IF FAA or AAA’S PROCEDURES OR RULES WOULD OTHERWISE ALLOW ONE. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT OF THAT PARTY’S INDIVIDUAL CLAIM.

Survival of this Provision: This arbitration provision shall survive:

• closing of your Account;
• voluntary payment of your Account or any part of it;
• any legal proceedings to collect money you owe;
• any revocation of consent you provide to us;
• termination of any application or submission you provide to us;
• your use or attempted use of any websites of our or our partners;
• any bankruptcy by you; and
• any sale by us of your Account.

You Have the Right to Reject Arbitration or Opt Out of Arbitration: You may reject the arbitration agreement and litigation & class action waiver, but only if we receive from you a written notice of rejection within 45 days of the following triggering events: (a) after your purchase is initiated; (b) you consent to the Privacy Policy or Terms and Conditions; (c) your use or attempted use of any of our or our partners websites; (d) your submission of an application (whether partial, incomplete, complete or otherwise) to us; (e) your submission or providing express written consent to us to receive e-mail(s), telephone call(s) (including SMS/MMS/Text Messages) or to receive any other information from us or our partners; or (f) signing up for or inquiring about an offer, deal or promotion from us (the 45 day time starts from whichever of the triggering events (a through f) comes first in time). You must send the notice of rejection to: Take a Break Travel, LLC., Attn: Legal Department, 6400 N. Andrews Ave., Suite 340, Fort Lauderdale, Florida 33309. Your rejection notice must include your name, address, phone number, Account number (if applicable), email address and personal signature. No one else may sign the rejection notice for you. Your rejection notice also must not be sent with any other correspondence. Rejection of arbitration will not affect your other rights or responsibilities under this Agreement. If you reject arbitration, neither you nor we will be subject to the arbitration provisions for this Account or any Claim or dispute between us and you. Rejection of arbitration for this Account, or any Claim or dispute between us and you, will not constitute rejection of any prior or future arbitration agreement between you and us. IF MORE THAN THIRTY (45) DAYS HAVE PASSED FROM THE EARLIEST TRIGGERING EVENT (listed in this paragraph under a through f above), YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT.

Policy Last Revised: September 1, 2022

Take a Break Travel, LLC (“Take a Break Travel, LLC,” “we,” “our,” or “us”) recognize that your privacy is important and we are committed to protecting the privacy of confidential and personal information. The following Privacy Policy (“Policy”) sets forth our practices associated with collecting, retaining, using and sharing information and is based on the privacy and data protection principles common to the country in which we operate.

This Privacy Policy is intended for and addressed to all parties, companies and individuals, clients, job applicants, Website visitors and other all other third parties who visit or use our Websites. It applies to all individuals who access any of our Websites (including but not limited to www.TakeAbreakTravel.com), mobile apps, and in connection with our blogs, alerts, newsletters, webinars, social media sites, third party marketing partners’ offerings or programs and other communication services (the “Services”).

Please take a moment to review the terms of our Privacy Policy. By using our Websites and Services, you agree to and accept the terms of our Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not use the Website or any of our Services.

We may update this Privacy Policy from time to time. The effective date of the current Privacy Policy is noted at the top of this page. If we make material changes to the way we collect, use, share or process the personal information that you have provided that adversely impact you, we will notify you by posting a notice of the changes in a clear and conspicuous manner on the our Website or via the most recent email address we have on file for you. We encourage you to check this page periodically for any changes. Your continued use of the Website following the posting of changes to these terms will mean you accept those changes.

If you have any concerns or questions about your privacy or use of our Services, please contact us via email at [email protected] or via postal mail as follows: Take a Break Travel, LLC, Attn: Privacy, 6400 N. Andrews Ave., Suite 340, Fort Lauderdale, Florida 33309.

HOW WE COLLECT AND USE YOUR INFORMATION

When you use our Services, we collect personal information about your use of our Services and information that you send us. Throughout this Privacy Policy, we use the term "personal information", which generally mean information that identifies you or makes you identifiable and will have the meaning throughout as defined under the applicable law. Information that has been anonymized so that it does not identify a specific individual is not "personal information".

We may collect and store the following information when running the Service:

• Information You Provide Voluntarily.

  • We collect information that you voluntarily provide to us, including: when you communicate via email or other channels; when you sign up for news, publications and marketing communications and events; when you seek career information; when you register for communications, newsletters, alerts, or other materials; when you complete registration forms, purchase products, inquire about products, complete forms/surveys or participate in an offer or request additional information from us; when you sign up for a webinar or event; when you respond to our communications or requests for information.
  • The information you provide may include your name, contact information, information about the organization with which you are affiliated, date of birth, gender, marital status, postal address, email address, telephone number, mobile number & emergency contact information. Health and Medical information (including but not limited to Covid-19 test results & vaccination records); Governmental-Issued Documents (including but not limited to passport information, drivers licenses, ID cards, visas, alien resident cards, social security numbers national or state identification numbers etc.); Customer Records and/or Travel/Vacation Preference information (including but not limited to travel history, flight information, hotel bookings, special occasion dates, special accommodations, dietary preferences, travel companion & family member information or data, information about the products or services purchased or considered); Financial information (including but not limited to credit card, debit card/bank information, transaction history etc.); demographic information (including but not limited to age, gender, employment information/salary etc.); and geological information/data.
  • We only collect and process the personal information we need to allow us to respond to your request and/or provide the particular service you have sought.

• Information We Collect Automatically. We may automatically collect information about you when you use our Services such as, but not limited to:

  • Device Information. We may collect information about devices you use to access the Services and how you use the Services, such as your Internet Protocol (“IP”) address and which website you visited before accessing our Services.
  • Performance and Log Data. Our servers may automatically record information created by your use of our Services, which may include information such as, but not limited to, your IP address, browser type, operating system, command line information, diagnostic information related to the Services (e.g., crash activity reports), the referring web page, pages visited, location, your mobile carrier, device and application IDs, and search terms. For instance, when we send you an email, we may collect certain information including the nature of the email, whether you opened or deleted our email, action you took upon receipt of our email, or your name and contact information.
  • Cookies. We use cookies to display information more effectively, store, on a user’s computer or device information about the user’s preferences and settings, gather statistical information about the use of our Services to improve our design and functionality, and for security purposes. For more information, please review the Cookies and other technologies sections below.
  • DNT. Please note that we do not currently respond to web browser “do not track” Page 3 of 16 signals or other mechanisms that may allow you to opt out of the collection of information across networks of websites and online services as there is no standard for how online services should respond to such signals. As standards develop, we may develop policies for responding to do-not-track signals that we will describe in this Privacy Statement.

• Information We Receive From Third Parties. We may receive personal information about you from third parties and use such information. this can include: your name, email address, contact information, the company you work for, your position, business and home address, identification and background information, financial information, such as payment related information and shareholdings, and other personal information. If you connect to us from a social network, such as Facebook, we will collect personal information from the social network in accordance with your privacy settings on that social network. The connected social network may provide us with information such as your name, profile picture, network, gender, username, user ID, age or age range, language, country, friends list, follower list, and any other information you have agreed it can share or that the social network provides to us. We will assume that such social network or other third parties are entitled to collect and share such personal information with us.

• Sensitive Information. We may collect sensitive information about you when you use our Services. Any use of such information is limited to such purposes described to you at the time of collection.

The above-described information may be collected and provided by you when you: (i) register for an account through Our Services, (ii) complete a travel profile, (iii) book travel with Us or order additional products or Services, (iv) communication with Us or other guests through paper or electronic form, and (v) take advantage of a promotion, survey, contest, or sweepstakes. This list is non-exhaustive.

Data collected when you create an account with us, purchase our products or use our Services may include data about yourself and those traveling with you. By providing us with the personal data of any third party, you confirm that you are authorized to do so on their behalf and have provided them with the information set forth in this Privacy Policy. The personal information of each person linked to the same travel itinerary may be accessible by all others included in that same itinerary.

We permit third-parties to advertise and promote our websites and we may place and permit thirdparties to place advertising, cookies, web beacons and other content, including links to other websites on our websites. We and our third-party marketing partners may use these technological means placed on our websites to collect and share your Information.

We use personal information to facilitate your travel/vacation and our Services, to fulfill your requests, travel, tours, process transactions and contact you. We also use personal information to fulfill a Promotion, product, sale or travel package; Maintain suppression or opt-out lists that we may share with third-parties so that a user is not contacted when the user has asked not to be; Provide customer service and respond to inquiries; Provide users with information and/or offers for products or services from us or our Partners; Enable Partners to contact you for marketing purposes; Track online behavior for behavioral advertising and other marketing purposes. If a user registers on one of our Web Venues, the user may receive relevant third-party daily emails from that Web Venue, its exclusive emailing partner and other websites we or our Affiliates own and/or operate; Make telephone calls and send text messages to users with information and offers, provided the user consented to be marketed to in this manner as further described within this Privacy Policy.

By submitting your Information to us on a website, you agree that this is an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule, as amended (the “Rule”) and applicable state do-not-call regulations. This allows us to contact you via telemarketing even if your telephone number is listed on the Federal Trade Commission’s Do-Not-Call List, and/or on applicable state do-not-call lists.

Where you provide “prior express written consent” within the meaning of the Telephone Consumer Protection Act (“TCPA”), you consent to receive telephone calls, including artificial voice calls, pre-recorded messages and/or calls delivered via automated technology and text and SMS messages to the telephone number(s) that you provided from us and the marketing partners listed in and hyperlinked to the consent. You are not required to provide this consent to obtain access to our Promotions, products or services, and your consent simply allows us to contact you via these means. By agreeing to this Policy, you are obligated to immediately inform us if the telephone number that you provided us changes. If you: (a) have your telephone number reassigned to another person; (b) give up your telephone number; (c) port your cellular telephone number to a landline or vice versa; or (d) otherwise stop using that telephone number, you agree to promptly contact us at [email protected]

We also utilize Facebook Pixel service provided by Facebook LLC This tool allows us to follow the actions of users after they are redirected to the website by clicking on a Facebook advertisement. We are thus able to record the efficacy of Facebook advertisements for statistical and market research purposes. The collected data remain anonymous and non-personally identifiable. However, the collected data are saved and processed by Facebook. Facebook is able to connect the data with your Facebook account and use the data for their own advertising purposes, in accordance with Facebook’s Data Use Policy. In addition, a cookie from Facebook will be saved onto your device for these purposes. For more information about Facebooks Privacy Policy and use of the data please visit: https://www.facebook.com/privacy/policy/?entry_point=data_policy_redirect&entry=0

When you submit your email address through any website or one of our websites, you are consenting to receive offers and information about Promotions by e-mail, as well as for us to communicate with you about the Promotions at the e-mail address provided. If you subsequently decide that you wish to no longer receive marketing e-mails, please follow the instructions at the end of any email message to unsubscribe or e-mail us at [email protected] and request to unsubscribe. Please allow up to 10 business days for any removal request to be processed. Please note that if you decide not to receive marketing emails from us, you may still receive transactional email messages regarding any products or service you have purchased. If you have questions or concerns regarding this provision, please contact us by e-mail at [email protected].

If you provide us with Personal Information, we will retain and use that information for certain limited purposes. For example, we will use your Personal Information to fulfill or respond to any requests that you make, such as contacting you to answer your questions, sending you related materials, sending any postal mail that you may request or sending email alerts to you if you sign up to receive them.

We process your personal information when you contact us, such as with questions, concerns, feedback, disputes or issues. Without your personal information, we cannot respond to you or ensure your continued use and enjoyment of the Services. We also process your personal information to actively monitor, investigate, prevent and mitigate any alleged or actual prohibited, illicit or illegal activities in connection with our Services; investigate, prevent, or mitigate violations of our terms, agreements or policies; and enforce our agreements with third parties and partners. We cannot perform our Services in accordance with our terms, agreements or policies without processing your personal information for such purposes.

We are committed to ensuring your safety and continued enjoyment of our Services. To do so, we process your personal information to: combat spam, malware, malicious activities or security risks; improve and enforce our security measures; and to monitor and verify your identity so that unauthorized users do not access your account with us or your information we otherwise hold. We cannot ensure the security of our Services if we do not process your personal information for security purposes.

We may provide you with third-party services, plugins, and many other options to personalize your experience of our Services. In addition, we also use cookies, embedded scripts, analytics tools, other device identifying technologies, and similar tracking technology for such purposes. By personalizing the Services, you get to enjoy our Services even more because we keep track of your preferences (e.g. your language selection, your time zone, etc.). Without processing your personal information for such purposes, you may not be able to access or personalize part or all of our Services.

To continue to provide you with our innovative Services, we collect information about the way you use and interact with our Services for research and development purposes. Research and development help us improve our Services and build new Services and customized features or Services.

Lastly, we use personal information to engage in routine marketing activities. We process your personal information to inform you about our Services, new travel developments, relevant information in the industries we serve and our marketing events (including by electronic means, such as email). To do so we may process your contact information or information about your interactions on our Services to send you marketing communications; provide you with information about events, webinars, or other materials; deliver targeted marketing to you; and keep you updated about our Services. If you wish to opt out of receiving our email alerts or other emails from us at any time, simply follow the instructions for doing so included in the emails. We reserve the right to send you certain communications relating to the Website, such as service announcements or similar administrative or transactional messages, without offering you the opportunity to opt out of receiving them.

When you visit our Website, use our Services, read our emails, or otherwise engage with us through a computer or mobile device, We and our third party partners, automatically collect information about how you access and use the Service and information about the device you use to access the Service, which is collected through the use of cookies, embedded scripts, analytics tools, and other device identifying technologies (“Cookies and Tracking Technologies”). Information about our use of Cookies and your choices related to same are available in our Cookie Policy below, including information regarding how to opt out of targeted advertising.

Cookie Policy:

• This Cookie Policy describes the way we use cookies to collect information on our website. When you visit, request information from, or book travel with us on our website, your mobile device, or applications, we may use cookies and other device identifying technologies (“Cookies”) to provide our Services to understand how our Services are used and for advertising purposes, as explained in our Privacy Policy. You can read more about the types of Cookies we use, why we use them, and how you can exercise your Cookies choices below.

When You Use Our Services:

• We typically collect this information through a variety of tracking technologies, including cookies, Flash Objects, web beacons, embedded scripts, APIs and mobile software development kits (SDKs), location-identifying technologies, and similar technology (collectively, “tracking technologies”), and we may use third party services to collect this information. Information we collect automatically about you may be combined with other personal information we collect directly or receive from other sources.
• Specifically, we, and any third-party partners, may use tracking technologies to automatically collect commercial information, preferences, and internet, network and device information, including:
  • Information about how you access the Services, such as the site from which you came and the site to which you are going when you leave our site, how frequently you access the Services, when and whether you open emails or click the links contained in emails, whether you access the Services from multiple devices, and other actions you take on the Services.
  • Information about how you use the Services, such as the pages you visit, the links you click, the ads you view and click on, purchase information and your checkout process, your location when you access or interact with our Services, and other similar actions.
  • Information about the computer, tablet, smartphone, or other device you use, such as your IP address, browser type, Internet service provider, platform type, device type/model/manufacturer, operating system, date and time stamp, a unique ID that allows us to uniquely identify your browser, mobile device, or your account (including, e.g., a persistent device identifier or an Ad ID), and other such information.
  • Analytics information. We may collect analytics data, or use third party analytics tools, to help us measure traffic and usage trends for the Services and to understand more about the demographics and behaviors of our users. We may also use analytics tools to record your mouse movements, scrolling, clicks and keystroke activity on our Sites to understand how our users engage with our Sites and to monitor and improve our online offerings.
• This information allows us to improve your customer experience. For example, we may use this information to enhance and personalize your user experience, to monitor and improve our Sites and Services, and for other internal purposes. We may also use this information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the Sites; (b) provide custom, personalized content, and information; (c) identify and contact you across multiple devices; (d) provide and monitor the effectiveness of our Services; (e) perform analytics and detect usage patterns on our Services; (f) diagnose or fix technology problems; (g) detect or prevent fraud or other harmful activities, and (h) otherwise to plan for and enhance our Services.

WHAT ARE “COOKIES”?

• Cookies are small text files placed on your computer or mobile device when you visit websites or applications. Your web browser (such as Google Chrome, Safari, or Internet Explorer) then sends these cookies back to these websites on each subsequent visit so that they can remember things like personal details and preferences.
• Cookies are very useful and perform a variety of tasks, such as allowing you to navigate efficiently between pages, remembering your preferences, and generally improving your experience when you are browsing our website. Cookies may also be used to help to ensure that our web content, emails, and advertising better suit you and your interests.
• Cookies can either be served directly by us or served on our behalf, for example by advertisers and data analytics companies.
• To find out more about Cookies, please visit www.cookiecentral.com.

HOW DO THIRD PARTIES USE COOKIES ON THE SITE?

• In some circumstances, we may work with third parties to provide services on our Site. Third-party advertisers and other organizations may use their own cookies to collect information about your activities on our Site and/or the advertisements you have clicked on. This information may be used by them to serve advertisements that they believe are most likely to be of interest to you based on content you have viewed. Third-party advertisers may also use this information to measure the effectiveness of their advertisements. We do not control these cookies and to disable or reject third-party cookies, please refer to the relevant third party’s website. You can also learn more about controlling cookies in the “How Can You Control the Use of Cookies” section below.

HOW CAN YOU CONTROL THE USE OF COOKIES?

• You have the right to choose which Cookies to accept or reject. However, they are an important part of how our Services operate, so you should be aware that if you choose to refuse or remove Cookies, this could affect the availability and functionality of the Services.

• If you don’t want the Services to use Cookies, please follow the instructions below.

  • Website (Browser) Opt-Out

    • Most browsers accept Cookies by default. You may be able to change the settings to have your browser refuse certain Cookies or notify you before accepting Cookies. To do so, please follow the instructions provided by your browser, which are usually located within the “Help,” “Tools,” or “Edit” menus. Some third parties also provide the ability to refuse their Cookies directly by clicking on an opt-out link. Please note that authorized third parties may be able to collect information about your use of the Services even if you have set your browser to reject third party cookies. To effectively prevent third party collection via Cookies, you will need to configure your browser to reject all cookies.

• Mobile App Opt-Out

  • To limit interest-based advertising on your mobile device, you can review and adjust the settings provided by your device manufacturer, such as “Limit Ad Tracking” for iOS or “Opt-out of interest-based ads” for Android.

For further information about Cookies, including how to see what Cookies have been set on your device and how to manage and delete them, please visit www.allaboutcookies.org.

We also may collect information on our Site using Google Analytics to collect usage data, analyze how users use the web sites and provide advertisements to you on other websites. For more information about how you can opt-out of having your information used by Google Analytics, please visit https://tools.google.com/dlpage/gaoptout/.

HOW WE SECURE YOUR PERSONAL DATA

• We use physical, technical, and organizational security measures to safeguard your personal data. These measures help ensure the integrity and confidentiality of your personal data. Additionally, We use SSL (Secure Sockets Layer) technology to encrypt and transmit your billing information.
• While we take reasonable precautions to attempt to ensure the safety and security of your online transactions and personal information, it is impossible for us to completely guarantee that your personal data will be immune from malicious attack or compromise. As a result, while we strive to protect your Personal Information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us online and cannot be responsible for the theft, destruction or inadvertent disclosure of your Personal Information. As such, by using our Services, you understand that the transmission of your personal data is always at your own risk.

HOW WE MAY USE AND WITH WHOM WE MAY SHARE YOUR PERSONAL DATA

Travel & Booking

• We may use and process your personal data to deliver our services to you when you book travel or any other service with us, which may include sending you a booking confirmation, managing changes to your booking, checking you in upon arrival and keeping track of your travel and itinerary after arrival, providing you with further products and services after arrival (e.g., excursions, tours, entertainment, and various other purchase opportunities).

Customer Service

• We may process your personal information when you contact or use our customer support services or booking teams to ensure you receive the best customer service possible. A consumer profile of you is created when you sign up, purchase or make a booking, which contains your personal data that we maintain and identifies you. Your consumer profile helps us deliver a personalized experience when you search for services with us, contact us by phone or email, and receive marketing communications. We may use your details to ask for feedback on our services.

Advertisement and Marketing.

• In accordance with applicable law, we may use your personal data to create a profile about you and place you into marketing segments to understand your preferences better and appropriately customize the marketing messages you receive from us. Our goal is to provide you more relevant advertising messages, which may be communicated via direct mail, telephone, email, text message, or via applications. Where necessary, we will obtain your consent before contacting you with such marketing communications.

Process Payments and Invoicing.

• When you make any purchase through our websites or digital platforms, we will process your payment information to complete the transaction. Credit Information.
• To obtain general credit information from Equifax by swiping your Driver’s License into a portal that gathers basic credit information without affecting your credit score. Such request for credit information will not affect your credit score although it will provide general information to Us from multiple sources, including credit reporting agencies (Equifax), creditors and financial institutions (collectively “Credit Information”). We may use Credit Information: (a) to evaluate your eligibility for credit; (b) to identify and market products and services that may be of interest to you; and (c) for such other uses as permitted or required by law.

Compliance with Our Legal Obligations.

• We may collect, retain, and disclose your personal data in order to comply with legal obligations, requirements, and regulations. Additionally, we may be compelled to turn over your information if compelled by a Court of competent jurisdiction pursuant to the provisions of the United States’ Stored Communications Act (the “SCA”) since we may be considered a provider of electronic communication services.

Sharing Information

• We may sometimes use other businesses to perform certain services for us, such as maintaining the Website and our mailing lists, sending postal mail (if necessary) and providing marketing assistance and data analysis. We may provide Personal Information to those businesses when that information is necessary for them to complete a requested transaction or otherwise perform their duties. We will take reasonable steps to help ensure that these third-party service providers are obligated to protect Personal Information on our behalf. Moreover, we restrict our service provider’s use of information beyond what is strictly necessary to complete the requested service.
• We may share your personal information with third party vendors and service providers that perform services for or on our behalf, such as identifying and serving targeted advertisements, providing mail or email services, tax and accounting services, product fulfillment, payments processing, data processing and enhancement services, medical and health purposes, fraud prevention, web hosting, analytic services, or other online functionality, subject to appropriate contractual terms protecting the confidentiality and use of such data.
• We may share some of your personal information with third parties that we partner with who provide promotions, excursions, activities, contests, sweepstakes, or other promotional activities. We typically identify our promotional partner by name in the promotional communication.
• We may share your personal data with companies that provide you with products, services, excursions, or companies that you may book travel arrangement through, either before, during and/or after your arrival in order to facilitate your travel activities and provide your requested services all while providing a seamless service to our guests. This Privacy Policy does not cover information collected by travel partners and how travel partners use that information. Instead, we recommend you check the travel partner’s privacy policy for details as to how they may process your personal data.
• We may share some of your personal data with marketing and business partners, who may use this information for their own business and commercial purposes according to their own privacy policies. In accordance with applicable laws, you may be given the option to opt-in or out of such information sharing.
• We may need to share your personal data to comply with the laws of countries in which we operate, to comply with law enforcement agencies when they may require access to personal data to facilitate investigations, or when ordered by a court to disclose personal data or in connection with legal proceedings. We may also share your personal data with other third parties such as trade associations and regulatory bodies, who may contact you to discuss your options and/or provide you support.
• To Protect Our Rights or The Rights of a Third Party. We may share your personal data to: (1) identify, investigate, contact, or bring legal action to prevent injury to or interference with our rights or property or the rights or property of a third person if we believe in good faith that disclosing this personal data is necessary or advisable, (2) to prevent or detect fraud, and (3) to prevent and detect crime and protect vulnerable children and adults.
• We may share your personal data with potential third parties in connection with the consideration, negotiation, or completion of a corporate transaction related to our acquisition or merger with another company or the sale or transfer of all or a portion of our assets or business, to the extent permitted by applicable law. Should such an acquisition, merger, sale or transfer occur, we will use reasonable efforts to obligate the entity to which we transfer your personal data to use it in a manner that is consistent with this Privacy Policy.
• We may share aggregate information relating to users of our Services with affiliated or unaffiliated third parties. We also may use and share some information that has been deidentified in accordance with applicable legal standards.
• Lastly, we may share your information, at your request or direction, with your friends and family through our Services, or with third parties, such as excursion companies, medical providers, or your travel agent. Any reviews or comments you may post on our website or our social media sites, may be displayed publicly online.

LINKS TO OTHER WEBSITES

Please be aware that when you are on our websites, you could be directed to other sites that are beyond our control. These other sites may send their own cookies to visitors, collect data or solicit Personal Information. The privacy policies o f these other sites may be significantly different from our Privacy Policy. We are not responsible for the privacy practices of these other sites and cannot guarantee the security of any of your Personal Information collected there.

TERRITORIALITY

Our computer systems are currently based in the United States and the content of our Website is directed to United States residents. Your personal data will be processed by us in the United States, where data protection and privacy regulations may or may not be equal to the level of protection as in other parts of the world, such as in Canada and the European Union. BY VISITING THE WEBSITE, YOU UNEQUIVOCALLY AND UNAMBIGUOUSLY CONSENT TO THE COLLECTION AND PROCESSING IN THE UNITED STATES OF ANY PERSONAL AND NON-PERSONAL INFORMATION COLLECTED OR OBTAINED BY US THROUGH VOLUNTARY SUBMISSIONS, AND THAT UNITED STATES LAW GOVERNS ANY SUCH COLLECTION AND PROCESSING. We adhere to the General Data Protection Regulation (“GDPR”) in its business. The GDPR is not applicable to this informational Website targeted to United States clients.

CHILDREN’S PRIVACY

We do not knowingly collect any personal information from children under 16. If we become aware that an individual under the age of 16 is submitting information without consent from their parent or legal guardian or as permitted under applicable law, we will delete the information as soon as possible from our database. If you believe we are collecting information about an individual under 16, please notify us immediately so that we can take appropriate action. The Services and websites are intended for use by U.S. residents who are not minors. If you are a minor, not a U.S. resident, or do not agree with this Privacy Policy’s terms, please do not access or use our Services or websites.

GOVERNING LAW

This Privacy Policy and the privacy practices of Take a Break Travel, LLC’s are subject exclusively to the laws or rules of the State of Florida within the United States of America. We makes no representation that this Privacy Policy and such practices comply with the laws of any other country. Visitors who use the website and reside outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If you reside outside of the United States, by using the website you consent to the transfer and use of your information outside your country.

YOUR INFORMATION CHOICES

We take reasonable steps to ensure that your personal information is accurate, complete, and up to date. You may access and update your personal information that we hold by contacting us directly at [email protected]. For your protection, we may need to verify your identity before implementing your request. We will try to implement your request as soon as reasonably practicable.

In your request, please make clear what information you would like to have changed, whether you would like to have your personal information suppressed from our database, or other limitations you would like to put on our use of your personal information. However, please note that we reserve the right to refuse to act on a request that is unfounded or excessive (for example because it is repetitive).

We will make reasonable efforts to honor any request you make to forgo contact with you in the future or delete your information. Please note that if you make an opt-out request, we will retain your contact information to make efforts to ensure that you are not contacted in the future.

To the extent required by the CAN-SPAM Act, or other similar domestic and international regulation, commercial email messages will also provide you with an opportunity to opt-out of receiving this information. Please note that changes to your preferences may not be effective immediately.

NOTICE TO CALIFORNIA RESIDENTS

This section applies only to California residents. Pursuant to the California Consumer Privacy Act of 2018, as amended (“CCPA”), below is a summary for the last twelve (12) months of the “Personal Information” categories, as identified and defined by the CCPA (see California Civil Code section 1798.140(o)), that we collect. The Sections above discuss the reasons we collect the Personal Information, where we obtain the Personal Information, and the other entities with whom we may share the Personal Information. Under the CCPA, Personal Information is defined as any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“Personal Information”).

We generally collect the following categories of Personal Information in providing our Services in addition to all categories of personal information described within this Privacy Policy (see above section “HOW WE COLLECT AND USE YOUR INFORMATION”:

• identifiers such as a name, address, unique personal identifier, email, phone number, your device’s IP address, software, and identification numbers associated with your devices;
• characteristics of protected classifications under California or federal law, such as gender;
• commercial information such as records of products or services purchased, obtained, or considered by you;
• internet or other electronic information regarding length of visit and number of page views, click-stream data, locale preferences, your mobile carrier, date and time stamps associated with transactions, and system configuration information;
• professional or employment-related information;
• your geolocation, to the extent you have configured your device to permit us to collect such information; and
• inferences about your preferences, characteristics, behavior and attitudes.

For more information about the Personal Information we collect and how we collect it refer to the language detailing our collection and use of information above. We collect Personal Information for the business purposes described in the “How We May Use And With Whom We May Share Your Personal Data” section above. The CCPA defines a “business purpose” as the use of Personal Information for the business’s operational purposes, or other notified purposes, provided the use of Personal Information is reasonably necessary and proportionate to achieve the operational purpose for which the Personal Information was collected or another operational purpose that is compatible with the context in which the Personal Information was collected. The categories of other individuals or entities with whom we may share your Personal Information are listed in the “How We May Use And With Whom We May Share Your Personal Data” section above.

CALIFORNIA PRIVACY RIGHTS

If you are a California consumer as defined in the CCPA, you have rights in relation to your Personal Information; however, your rights are subject to certain exceptions. For instance, we cannot disclose specific pieces of Personal Information if the disclosure would create a substantial, articulable, and unreasonable risk to the security of the Personal Information, your account with us, or the security of our network systems.

To assert your right to know, to access, or to delete your Personal Information, please contact us by email at [email protected] or contact us at 800- To confirm your identity, we may ask you to verify Personal Information we already have on file for you. If we cannot verify your identity based on the information we have on file, we may request additional information from you, which we will only use to verify your identity, and for security or fraudprevention purposes.

• Right Against Discrimination. You have the right not to be discriminated against for exercising any of the rights described in this section. We will not discriminate against you for exercising your right to know, delete or opt-out of sales.
• Right to Know. You have the right to request in writing: (i) a list of the categories of Personal Information, such as name, address, email address, that a business has disclosed to third parties during the immediately preceding calendar year for the third parties' direct marketing purposes, and (ii) the names and addresses of all such third parties. In addition, you have the right to request: (i) the categories of Personal Information we have collected about you, (ii) the categories of sources from which Personal Information is collected, (iii) the business or commercial purpose for the information collection, (iv) the categories of third parties with whom we have shared Personal Information, and (v) the specific pieces of Personal Information we hold about an individual.
• Right to Access. You have the right to request a copy of the specific Personal Information we collected about you during the 12 months before your request.
• Right to Delete. You have the right to request that we delete any Personal Information we have collected from you or maintain about you, subject to certain exceptions.
• Right to Opt-Out of Selling. California residents have the right to opt-out of having their Personal Information sold. Unless you exercise your right to opt-out of personal information sales, we may sell your personal information to third parties for monetary or other valuable consideration who may use such information for their own purposes in accordance with their own privacy policies, which may include reselling your information to other third parties.
• In the last 12 months, We have disclosed all categories of personal information We collect from you to third parties for a legitimate business purpose.
• In the last 12 months, We have not sold any of the following categories of personal information to third parties: (i) Personal Identifiers; (ii) Commercial Information; (iii) Preferences; (iv) Internet, network and device information.

Please note that if the exercise of any of these rights limits our ability to process your personal information (such as in the case of a deletion request), we may no longer be able to provide you our products and Services or engage with you in the same or similar manner.

Exercising your CCPA Rights. You may submit a request to exercise your CCPA Rights through one or more of the mechanisms described below. Please provide sufficient information so that we may verify your identity before processing your request. In some instances, we may need to request additional personal information from you or require you to log into your account, if you have one. We may decline or limit your request, particularly where we are unable to verify your identity or locate your information in our systems, or as permitted by law. If we are unable to comply with all or some of your request, we will explain the reasons for declining to comply.

Should you have questions regarding the above, please contact us at 800-316-4717 or via email at [email protected] and indicate in the subject line “California Privacy Rights.”

SHINE THE LIGHT REQUESTS (California)

Pursuant to California Civil Code Section 1798.83, California residents also have the right to request, in writing, the following information from business with whom they have an established business relationship:

• (a) a list of the categories of personal data (name, email and mailing address) and the type of services provided to the customer, that a business has disclosed to third parties (including separate legal entity affiliates) during the immediate preceding calendar year for the third parties’ direct marketing purposes; and (b) the names and addresses of all such third parties.

Most browsers contain a “do-not-track” setting. In general, when a “do-not-track” setting is active, the user’s browser notifies other websites that the user does not want their personal information and online behavior to be tracked and used, for example, for behavioral advertising. We are required to inform you that, as is the case with most websites, we do not honor or alter our behavior when a user to one of our Web Venues has activated the “do-not-track” setting on his/her browser.

To request any of the above data, please contact us at 800-316-4717 or via email at [email protected] and indicate in the subject line “California Privacy Rights.” We are only required to respond to each customer once per calendar year.

NEVADA RESIDENT PRIVACY RIGHTS

If you are a Nevada resident and use our websites, Services or other digital platforms while in Nevada, you have certain privacy rights under Chapter 603A of Nevada Revised Statute (“NRS”).

A Nevada resident has the right to opt-out of future sales of certain covered information that is collected or will be collected about the resident.

If you are a Nevada resident, you may submit a request to opt out of potential future sales under Nevada law by emailing us at [email protected] or calling 800-316-4717 to submitting a request to exercise your rights under NRS Chapter 603A.

Please ensure that your request includes sufficient information to enable us to identify you in your email request as we take all reasonable steps to verify your identity and the authenticity of the request.

DO NOT CALL POLICY

This notice is the Take A Break Travel Do Not Call Policy under the Telephone Consumer Protection Act.

Take A Break Travel, LLC has adopted and adheres to the policies described below to comply with all federal and state laws and regulations governing outbound telephone calls.

Employees and agents shall not engage in telemarketing practices that violate any state laws and/or regulations, the Federal Communications Commission (“FCC”) and Trade Commission (“FTC”) rules, regulations and laws. It is Take A Break Travel, LLC’s policy to comply with the aforementioned laws and/or regulations. Additionally, Take A Break Travel, LLC honors consumer’s requests to be placed on the do-not-call list. Consumers who request to be placed on the do-not-call list will not receive calls unless and until they provide consent or otherwise opt-in to receive sales calls. All requests to be placed on the do-not-call list are immediately processed and maintained in an internal do-not-call list; however, it should not take longer than 30 days to add the consumer’s information to the do-not-call list. If you communicate with us by telephone, we may monitor or record the call. You can be added to the do-not-call list at any time by requesting to be placed on the Take A Break Travel, LLC do-not-call list by emailing [email protected] or calling 800-316-4717.

No employee or agent of Take A Break Travel, LLC shall initiate any telephone solicitation, as defined by law, to any residential telephone subscriber before the hour of 8:00 a.m. or after 9:00 p.m. (local time zone at the called party’s area code location). Employees and agents involved with activities affected by these guidelines will receive training to enable them to take actions consistent with these guidelines, including but not limited to how to document and process telephone marketing choices.

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Additionally, Take A Break Travel, LLC does no place unsolicited sales calls to consumers who are listed on State and Federal No Call lists, however a call may be placed if that consumer consents to be contacted by Take A Break Travel, LLC and/or has an established business relationship with Take A Break Travel, LLC, unless the law allows. If you would like to be added to the do-not-call list, please contact us at [email protected]. Thank you for your time and interest in our policy.

CONTACTING US

If you have any comments or questions regarding our Legal Notices, Terms of Use or Privacy Policy, please contact:

Take a Break Travel, LLC
6400 N. Andrews Ave.
Suite 340
Fort Lauderdale, Florida 33309
Phone: 800-316-4717
Email: [email protected]
Policy Last Revised: September 1, 2022

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. You have the right to opt out of this Agreement if you follow the instructions set out in the paragraph titled “You Have the Right to Reject Arbitration or Opt Out of Arbitration” below.

EXCEPT WHERE PROHIBITED BY LAW, IN THE EVENT OF A DISPUTE OR CLAIMS BETWEEN YOU AND TAKE A BREAK TRAVEL LLC., A FLORIDA CORPORATION (HEREINAFTER “US”, “OUR”, “TABT” OR “WE” AS APPROPRIATE) INCLUDING BUT NOT LIMITED TO ANY ARISING OUT OF OR RELATING TO (I) THIS ACCOUNT; (II) THE RELATIONSHIPS RESULTING FROM THIS ACCOUNT; (III) ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND US; (IV) THE PRIVACY POLICY; (V) THE TERMS AND CONDITIONS; (VI) ANY TELEMARKETING OR OTHER CALL OR MESSAGE (INCLUDING BUT NOT LIMITED TO SMS//MMS/TEXT MESSAGES) YOU CLAIM TO HAVE RECEIVED FROM US OR ONE OF OUR PARTNERS; (VII) ANY EMAIL YOU CLAIM TO HAVE RECEIVED FROM US OR ONE OF OUR PARTNERS; (VIII) YOUR USE OR ATTEMPTED USE OF ANY WEBSITE OF OURS OR OUR PARTNERS; OR (IX) ANY OFFERS OR PROMOTIONS; (X) ANY APPLICATIONS OR SUBMISSIONS OR (XI) OR ANY OTHER DISPUTE OR CLAIM BETWEEN YOU AND US ( HEREINAFTER COLLECTIVELY KNOWN AS "CLAIM"), YOU AGREE THAT ANY CLAIM(S) YOU HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION, AS DESCRIBED BELOW, INSTEAD OF IN COURT. ANY CLAIM (EXCEPT FOR A CLAIM CHALLENGING THE VALIDITY OR ENFORCEABILITY OF THIS ARBITRATION AGREEMENT, INCLUDING THE CLASS ACTION WAIVER) MUST BE RESOLVED THROUGH BINDING CONFIDENTIAL ARBITRATION. THIS MEANS NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL AND YOU VOLUNTARILY, AND KNOWINGLY ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. YOU ALSO ACKNOWLEDGE AND AGREE THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERYRIGHTS AND/OR THE RIGHT TO APPEAL ARE LIMITED IN ARBITRATION OR MAY NOT EXIST. This section applies regardless of whether such claims are based in contract, tort, statute, fraud, unfair competition, misrepresentation, or any other legal theory.

CLASS ACTION WAIVER: YOU AGREE THAT YOU ARE VOLUNTARILY AND KNOWINGLY AGREEING THAT ARBITRATION MUST BE ON AN INDIVIDUAL BASIS AND IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING(S). THIS MEANS NEITHER YOU NOR WE MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER ACCOUNTHOLDERS, COMPANIES, INDIVIDUALS, ANY OTHER PURPORTED CLASS MEMBERS OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then after all appeals from that decision have been exhausted, that claim (and only that claim) must be severed from the arbitration and may be brought in court. Only a court, and not an arbitrator, shall determine the validity, scope, and effect of the Class Action Waiver.

Your Right to Go To Small Claims Court: You may choose to pursue your dispute or Claim in small claims court (or your state’s equivalent court) rather than by Arbitration if your dispute or Claim qualifies for small claims court for the entirety of the proceeding. Such a small court dispute or Claim must be brought in a location where jurisdiction and venue over you and TABT is proper. However, if such a dispute or Claim is transferred, removed or appealed to a different court, we may then demand/transfer the dispute or Claim to Arbitration pursuant to the terms of this Agreement. Additionally, any such small claims court claim shall be brought and maintained only as an individual action and shall not be joined or consolidated with any class or other representative action. Any attempt to maintain a small claims court action as a non-individual action shall result in the immediate dismissal of the action, and you shall be liable to pay our reasonable attorney’s fees and costs in connection with securing the dismissal of any such action.

Governing Law and Rules: This arbitration agreement is governed by the Federal Arbitration Act (FAA). Arbitration must proceed only with the American Arbitration Association (AAA) or JAMS. The rules for the arbitration will be those in this arbitration agreement and the procedures of the chosen arbitration organization, but the rules in this arbitration agreement will be followed if there is disagreement between the agreement and the organization’s procedures. If the organization’s procedures change after the claim is filed, the procedures in effect when the claim was filed will apply. Arbitration may be conducted through the submission of documents, by phone, or in person in the county where you live or at another mutually agreed location. The arbitrator shall follow the substantive laws of the State of Florida, excluding its conflict of law provisions unless we agree that the substantive law of the State in which you reside may be followed and applied. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. For a copy of each organization’s procedures, to file a claim or for other information, please contact:

• AAA at 1101 Laurel Oak Rd., Voorhees, NJ 08043, www.adr.org phone 1-877- 495-4185) or
• JAMS at 620 Eighth Ave., Floor 34, New York, NY 10018, www.jamsadr.com (phone 1-800-352-5267).

If both AAA and JAMS are completely unavailable, and if you and we cannot agree on a substitute, then either you or we may request that a court with jurisdiction appoint a substitute arbitration company/arbitrator.

YOU AND WE AGREE NOT TO BRING OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR COLLECTIVE ARBITRATION, EVEN IF AAA’S PROCEDURES OR RULES WOULD OTHERWISE ALLOW ONE. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT OF THAT PARTY’S INDIVIDUAL CLAIM.

Fees and Costs: If you wish to begin arbitration against us but you cannot afford to pay the organizations or arbitrator’s costs, we will advance those costs if you ask us in writing. Any request like this should be sent to Take a Break Travel, LLC., Attn: Legal Department, 6400 N. Andrews Ave., Suite 340, Fort Lauderdale, Florida 33309. If you lose the arbitration, the arbitrator will decide whether you must reimburse us for the money we advanced for you for the arbitration. If you win the arbitration, we will not ask for reimbursement of the money we advanced. Additionally, if you win the arbitration, the arbitrator may decide that you are entitled to be reimbursed your reasonable attorneys’ fees and costs (if actually paid by you). The parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.

Hearings and Decisions: Arbitration hearings will take place in the federal judicial district where you live. A single arbitrator will be appointed. The arbitrator must:

• Follow all applicable substantive law, except when contradicted by the FAA;
• Follow applicable statutes of limitations.
• Honor valid claims of privilege.
• Issue a written decision including the reasons for the award.

The arbitrator’s decision will be final and binding except for any review allowed by the FAA. However, if more than $100,000 was genuinely in dispute, then either you or we may choose to appeal to a new panel of three arbitrators. The appellate panel is completely free to accept or reject the entire original award or any part of it. The appeal must be filed with the arbitration organization not later than 30 days after the original award is issued. The appealing party pays all appellate costs unless the appellate panel determines otherwise as part of its award.

Claim Notice and Special Payment: If you have a Claim, before initiating an arbitration proceeding, you may give us written notice of the Claim ("Claim Notice") at least 30 days before initiating the arbitration proceeding. The Claim Notice must include your name, address, phone number and account number (if applicable) and explain in reasonable detail the nature of the Claim and any supporting facts. Any Claim Notice shall be sent to us at Take a Break Travel, LLC., Attn: Legal Department, 6400 N. Andrews Ave., Suite 340, Fort Lauderdale, Florida 33309 (or such other address as we shall subsequently provide to you). If we provide you with a final written settlement offer and you don't accept it, or we can't otherwise satisfactorily resolve your dispute, you must submit your dispute for resolution by arbitration as outlined above and in accordance with the arbitration organizations procedures. If, and only if, (1) you submit a Claim Notice in accordance with this Agreement on your own behalf (and not on behalf of any other party); and (2) an arbitrator, after finding in your favor in any respect on the merits of your claim, issues you an award that (excluding any arbitration fees or attorneys’ fees and costs awarded by the arbitrator) is greater than the value of TABT’s last written settlement offer made before an arbitrator was selected, then you will be entitled to the amount of the award or $5,000, whichever is greater. If you are entitled to the $5,000, you will receive in addition any arbitration fees or attorneys’ fees and costs awarded by the arbitrator. Any arbitration award may be enforced (such as through a judgment) in any court with jurisdiction.

Other Beneficiaries of this Provision: In addition to you and us, the rights and duties described in this arbitration agreement apply to our Affiliates and our and their officers, directors and employees; any third-party co-defendant of a claim subject to this arbitration provision; and all joint Accountholders and Authorized Users of your Account(s) or relationship between us and you. YOU AND WE AGREE NOT TO BRING OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR COLLECTIVE ARBITRATION, EVEN IF FAA or AAA’S PROCEDURES OR RULES WOULD OTHERWISE ALLOW ONE. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT OF THAT PARTY’S INDIVIDUAL CLAIM.

Survival of this Provision: This arbitration provision shall survive:

• closing of your Account;
• voluntary payment of your Account or any part of it;
• any legal proceedings to collect money you owe;
• any revocation of consent you provide to us;
• termination of any application or submission you provide to us;
• your use or attempted use of any websites of our or our partners;
• any bankruptcy by you; and
• any sale by us of your Account.

You Have the Right to Reject Arbitration or Opt Out of Arbitration: You may reject the arbitration agreement and litigation & class action waiver, but only if we receive from you a written notice of rejection within 45 days of the following triggering events: (a) after your purchase is initiated; (b) you consent to the Privacy Policy or Terms and Conditions; (c) your use or attempted use of any of our or our partners websites; (d) your submission of an application (whether partial, incomplete, complete or otherwise) to us; (e) your submission or providing express written consent to us to receive email(s), telephone call(s) (including SMS/MMS/Text Messages) or to receive any other information from us or our partners; or (f) signing up for or inquiring about an offer, deal or promotion from us (the 45 day time starts from whichever of the triggering events (a through f) comes first in time). You must send the notice of rejection to: Take a Break Travel, LLC., Attn: Legal Department, 6400 N. Andrews Ave., Suite 340, Fort Lauderdale, Florida 33309. Your rejection notice must include your name, address, phone number, Account number (if applicable), email address and personal signature. No one else may sign the rejection notice for you. Your rejection notice also must not be sent with any other correspondence. Rejection of arbitration will not affect your other rights or responsibilities under this Agreement. If you reject arbitration, neither you nor we will be subject to the arbitration provisions for this Account or any Claim or dispute between us and you. Rejection of arbitration for this Account, or any Claim or dispute between us and you, will not constitute rejection of any prior or future arbitration agreement between you and us. IF MORE THAN THIRTY (45) DAYS HAVE PASSED FROM THE EARLIEST TRIGGERING EVENT (listed in this paragraph under a through f above), YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT.