Biltmore knows that you care how your information is used and shared, and we appreciate your trust that we will do so carefully and sensibly. This Privacy Policy describes the types of information we may collect or that you may provide through Biltmore’s mobile app (the “Application”), and our practices for accessing, collecting, processing, and using that information.

This Policy applies only to information we collect through the Application. It does not apply to information that:

• We collect offline or through other Biltmore applications or websites (including websites you may access through this Application); or
• You provide to or is collected by any third party, including other apps, websites, or content that may link to or be accessible from or through this Application (see Third-Party Platforms).

Our other applications and websites and third parties collecting information may have their own privacy policies, which we encourage you to read before providing information on or through them.

Please read this policy carefully. By using the Application, you are accepting the practices described in this Privacy Policy. If you do not agree with our policies and practices, do not download or use the Application. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this Application after we revise this Policy means you accept those changes, so please check the Policy periodically for updates.

When used in this Privacy Policy, the following terms have the meanings set out below:

• Biltmore means The Biltmore Company, LLC, and its current and any future subsidiary and affiliate entities.
• Personal information is information that directly or indirectly identifies a particular individual, such as that person’s name, email address, phone number, and other contact information.
• Anonymous information is information that does not directly or indirectly identify a particular individual, and that cannot reasonably be used to identify a particular individual; provided, when otherwise anonymous information is directly or indirectly associated with personal information, the resulting information also is treated as personal information.

The Application is not intended for children under the age of 18. We do not use the Application to knowingly solicit data from or market to children under the age of 18. If you are under 18, do not use or provide any information on this Application. If you are a parent or guardian and believe your child has provided us with information without parental or guardian consent, contact us at appsupport@biltmore.com and we will delete such information within a reasonable time.

Residents of certain states under 13, 16, or 18 years of age may have additional rights regarding the collection and sale of their personal information. Please see Your State Privacy Rights for more information.

By using the Application, you are consenting to our collection and use of the information described in this Privacy Policy, including but not limited to collecting, storing, deleting, using, combining, and disclosing information. You may stop all collection of this information at any time by uninstalling this Application from your mobile device. You may additionally opt-out of specific data collection as further described in this Policy, including not entering information when prompted, disabling location services and other application permissions, or exercising Your Opt-Out Rights below.

The information we learn from customers helps us personalize and continually improve your mobile app experience. We collect information from and about users of the Application, directly from you when you provide it to us, and automatically when you use the Application. More particularly, we may gather the following:

• Information You Provide. As you use the Application, you may voluntarily provide information when prompted by the Application. You may always choose not to provide certain information, but you may not be able to take advantage of some of the Application’s features. This information may include, without limitation, your search activity, such as the search terms you enter into the Application.
• Automatic Information: We automatically receive and store certain information about your device and your browsing and usage activity and patterns whenever you download and access our Application, including but not limited to:
  • Usage Details. We may collect certain details of your access to and use of the Application, such as the time and date of your visits, the specific features you use when accessing our Application, and other information and statistics about the way you use the Application.
  • Device Information. We may collect information about your mobile device and internet connection, such as your mobile device’s device and application identifiers, the IP address for your mobile device, and your mobile operating system.
  • Diagnostic and Performance Information. We may automatically collect Application error and crash information, performance measurements, and other usage analytics.
  • Location Information. We may collect precise or approximate location information provided by your mobile device or associated with your IP address or other online or device identifiers. You will be prompted to allow or deny this Application access to your current, real-time location in order to access certain location-based services including the interactive location map and other personalized content and features. This Application will not access your current, real-time location without your permission. Most mobile devices allow you to turn off location services completely for all applications. Certain map functions within the Application may be usable without granting location permissions; however, this functionality may be limited.

We collect the information you provide when you enter or submit it through the Application Automatic information is collected through a variety of technologies and analytics tools, such as software development kits (SDKs), application programming interface (APIs), device and application identifiers, local storage and caching technologies, and analytics, diagnostic, mapping, and similar technologies. Some automatically collected information may constitute personal information and some anonymous information that is automatically collected may become tied to your personal information. Certain devices may permit you to disable, refuse, or block particular types of automatic information gathering including by changing your permission settings; however, this may cause some parts of the Application to become inaccessible or not function properly.

We may also receive information about you from third parties used to support features of the Application, such as analytics, diagnostics, mapping, and, as applicable, authentication, payments, or other Application functionality. Certain device settings may allow you to limit particular types of collection, such as location access; however, doing so may cause some Application features not to function as intended. Please see Third-Party Platforms for more details relating to information collection by third parties.

Biltmore will use the information we collect consistent with this Privacy Policy and applicable law. In particular, but without limitation, we may use your information to:

• Operate, maintain, and provide you with the Application and the experiences, products, and services (collectively “Biltmore Services”) you request, view, engage with, or purchase on the Application.
• Personalize your content and experiences.
• Communicate with you about the Application, Biltmore Services, and your Biltmore account and transactions, as applicable, or to provide Application support upon your request.
• Send you offers and promotions for our products and services or third-party products and services (subject to Your Opt-Out Rights below).
• Develop and improve the Application and our other services and products, including by using guest survey research and analytics tools.
• Detect, investigate, and prevent activities that may violate our policies, pose safety issues, or be fraudulent or illegal.

Information about our customers is an important part of our business, and we are not in the business of selling it to others. We do not display third-party advertising in the Application and do not intend to track guests across other companies’ apps or websites for advertising purposes. We also do not intend to use mobile advertising identifiers for Application analytics or advertising. In some instances, we may send offers to selected groups of Application users on behalf of other businesses; however, these communications will be sent directly by Biltmore, are subject to Your Opt-Out Rights, and we will not provide those businesses with your personal information without your consent.

We may share personal information as described below, subject to the other provisions of this Policy.

• Trusted Service Providers: We may disclose your personal information with the trusted contractors, service providers, and other third parties we use to support the Application, including to provide analytical information and feedback about the use of this Application.
• Third-Party Integrations. When we provide features that integrate third-party services into the Application, such as our mapping or payment functionalities, we may share your personal information with those third-party services when you choose to use the relevant functions. Direct collection and use of your personal information by third parties is addressed further in Third-Party Platforms.
• Required by Law: We may use or disclose your personal information when we believe it is appropriate or required to comply with the law or to protect or enforce the rights, property, or safety of Biltmore or our guests, employees, agents, or others. This includes complying with subpoenas, governmental requests or other legal process, or exchanging information with other companies and organizations for fraud protection and credit risk reduction.
• Business Transfers. In the unlikely event that Biltmore, or substantially all of its assets, is acquired, personal information may be transferred to a successor entity.
• As Described. We may additionally share particular personal information when, at the time we ask you to provide that information, we indicate a specific purpose which includes sharing your information with a third party.
• With Your Consent: We may share your personal information with others when you allow or direct us to do so.

We may in some instances share your information with third parties, as described above. Additionally, when you use the Application or its content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include, without limitation, analytics companies, your mobile device manufacturer, your mobile service provider, and the platforms from which you download applications.

The practices of these parties, including their policies relating to the collection, storage, usage, retention, and deletion of your information, whether provided to them by Biltmore or collected by them directly, are outside the control of Biltmore. We are not responsible for the actions of such third parties. You should always read and understand the policies of any third-party providers, such as Google with respect to Android applications, and Apple with respect to IOS Apps, as well as your wireless carrier, before making any purchase or downloading any applications.

When you provide your email address through the Application, you  may be prompted to consent to receive communications about special offers and information from Biltmore and/or any of our affiliated brands or divisions. If you choose to subscribe to these communications, you may later opt-out at any time by using the “Unsubscribe” link provided at the bottom of any of our emails.

In general, we will retain your personal information for as long as you use this Application and for a reasonable time thereafter. If you would like to have your personal information deleted, please contact us at appsupport@biltmore.com and we will comply with your request as soon as possible, subject to applicable legal exceptions. Please note, however:

• Deletion of your personal information may impact certain Application functions and may result in the deletion of your Biltmore account.
• This deletion will apply only with respect to information collected pursuant to this Privacy Policy. The deletion of personal information collected by Biltmore other than through the Application may be subject to other policies or agreements.
• Notwithstanding your request, Biltmore may retain your personal information for an additional period of time where necessary for reasonable business purposes, such as to finalize outstanding transactions, comply with legal obligations, prevent harm, or perform investigations.
• Personal information shared with third parties is subject to the policies and procedures of those parties. While Biltmore will use reasonable efforts to cause its service providers to delete your personal information upon request, Biltmore assumes no responsibility for ensuring they do so. Any other third parties should be contacted directly to request deletion of your personal information.
• Clearing your information from your device, such as clearing your Application search history or the Application’s cache, may not have the effect of deleting your information from Biltmore’s storage.

You may also request that Biltmore correct your personal information by contacting us at appsupport@biltmore.com; provided, we may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

The security of your information is important to us. We have implemented technical, administrative, and physical security measures that are designed to protect guest information from unauthorized access, disclosure, use, and modification. We regularly review our security procedures to consider appropriate new technology and methods. Please be aware that, despite our best efforts, no security measures are perfect or impenetrable and no method of transmission over the internet or mobile platforms can prevent all potential security breaches. We cannot guarantee the security of your personal information transmitted through our Application. Any transmission of personal information is at your own risk.

Biltmore is located in and operates its business, including the Application, from the United States. Please note, however, that information may be transferred to and stored and processed in countries in which we engage service providers in addition to the United States, and that by using the Application or otherwise providing us personal information, you understand that your information may be transferred to and stored and processed in countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country.

By downloading and using the Application, you acknowledge and agree that, to the extent permitted by applicable law, your use of the Application; the collection, storage, deletion, use, combination, and disclosure of your information; and any dispute arising from or related to the collection or sharing of your information, the Privacy Policy and/or your use of this Application will be governed by and construed in accordance with the laws of the State of North Carolina, without giving effect to any conflict of law principles. Furthermore, your continued use of this Application shall be considered your consent to the exclusive in personam and venue jurisdiction of the courts of the State of North Carolina and the U.S. Federal Courts within the State of North Carolina and waiver of any objection based on inconvenient forum.

If you are not a resident of or are located outside the United States, you may have additional privacy rights. To exercise any of these rights please submit a request to appsupport@biltmore.com. In your request, please include your name, state and country where you reside, and the particular rights you would like to exercise.

If you are a US resident, depending on where you live (including California, Colorado, Connecticut, Delaware, Indiana, Iowa, Kentucky, Maryland, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Rhode Island, Tennessee, Texas, Utah, and Virginia), you may have certain rights with respect to your personal information or personal data, which include the right not to be discriminated or retaliated against (as provided for under applicable law) for exercising your rights.

For example, under applicable laws and regulations, subject to exceptions, you may have the right to:

• Know what information we have collected about you,
• Correct inaccurate information,
• Know who we share your information with,
• Delete or remove your information,
• Access your information in a portable format,
• Opt out of certain targeted advertising, sales, and sharing of your information,
• Appeal decisions we make with respect to your information and privacy rights under this Policy,
• Place limits on processing of sensitive personal information or the information of minors; or
• If you are a California resident, request information under the Shine the Light Act.

The exact scope of these rights varies by state. To exercise any of these rights please submit a request to appsupport@biltmore.com. In your request, please include your name, state and country where you reside, and the particular rights you would like to exercise. Before completing your request, we may need to verify your identity and state of residence.

From time to time, we may change, update, or revise this Privacy Policy, including to accommodate updated Application features, new technologies, industry practices, regulatory requirements or for other purposes. We will do our best to notify you when we make any material changes to this Privacy Policy. However, your continued access and use of the Application constitutes your agreement to this Privacy Policy, and any future changes, updates, or revisions that may occur.

If any part of the Privacy Policy is determined to be invalid or unenforceable, as determined by a court of competent jurisdiction, then the invalid or unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original provision and the remainder of the Privacy Policy shall continue in force and effect.

If you have any questions about this Privacy Policy, please contact us at appsupport@biltmore.com