Privacy Statement,Terms of Use and Data Protection Clause of Lumpkin’s of VA, LLC

Legal Notice

All notices from Lumpkins Restaurant & Motel to You may be posted on our Website and will be deemed delivered within thirty (30) days after posting. Notices from You to Lumpkins Restaurant & Motel shall be made either by regular mail, sent to the address we provide on our Website, or first class mail to our address at:
Delivery shall be deemed to have been made by You to Lumpkins Restaurant & Motel five (5) days after the date sent.

Copyright Notice

All content appearing on this Website is the property of Lumpkins Restaurant & Motel.
Copyright © 2024, Lumpkins Restaurant & Motel. All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this Website so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 2024, Lumpkins Restaurant & Motel. All rights reserved.

Data Protection Clause

Lumpkin’s of VA, LLC is based in the United States and complies with applicable laws which protect your personal information. As data controller, we will collect and process your personal information in the United States. You may withdraw your consent at any time to direct marketing. Further details about our use of your personal information, your right of access and correction, and the complaints process can be found in our Privacy Policy. You may obtain a copy of our Privacy Policy at any time at hotel reception or via our website: www.Lumpkinsva.com

Terms of Use

This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. Lumpkins Restaurant & Motel and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Lumpkins Restaurant & Motel believes that customer conduct violates applicable law or is harmful to the interests of Lumpkins Restaurant & Motel and its subsidiaries.

Privacy Policy

DATA COVERED BY THIS PRIVACY STATEMENT

This Privacy Statement describes the privacy practices of the Lumpkin’s of VA, LLC Group for data that we collect:

through websites operated by us from which you are accessing this Privacy Statement, including Lumpkin’s of VA, LLC.com and other websites owned or controlled by the Lumpkin’s of VA, LLC Group (collectively, the Websites);
through the software applications made available by us for use on or through computers and mobile devices (the Apps);
through our social media pages that we control from which you are accessing this Privacy Statement (collectively, our Social Media Pages);
through email messages that we send you that link to this Privacy Statement and through your communications with us online or in person;
from third parties such as Other Sources, such as public databases, marketing partners and other third parties; and
when you visit or stay as a guest at our properties.

Collectively, we refer to the Websites, the Apps, and our Social Media Pages, as the “Online Services” and, together with the Property Visits and Offline Interactions, the “Services.”

THE DATA WE COLLECT

At touchpoints throughout your guest journey, we collect Personal Data in accordance with the law, and to serve you better. Personal Data is information that may identify you as an individual or relate to you as an identifiable individual. We collect and process the following types of Personal Data about you:

Name
Gender
Postal address
Telephone number
Email address
Financial information (such as credit and debit card number or other payment data)
Language preference
Date and place of birth
Nationality, passport, visa, or other government-issued identification data
Employer details (for business-related bookings)
Travel itinerary, tour group, or activity data
Prior guest stays or interactions, goods and services purchased, special service and amenity requests
Social media account ID, profile photo and other data publicly available, or data made available by linking your social media and loyalty accounts

In more limited circumstances, we may also collect:

Data about family members and companions, names, and ages of children
Biometric data
Images, video and audio data via: (a) security cameras located in public areas, such as hallways and lobbies, in our properties; and (b) body-worn cameras carried by our loss prevention officers and other security personnel

We may also collect information about your Preferences that we use to make your current and future stays and experience with us more enjoyable, including information about your interests and other relevant information that we learn about you during your stay. This may also include any likes and dislikes about our services that you tell us about so that we can improve our services, and specific dietary, health restrictions or personal needs to ensure your wellbeing. We may also collect your “Personal Preferences,” that may include details of your special anniversaries (such as your birthday or wedding anniversary), what type of activities you prefer to take part in when staying with us, and your hobbies. Personal Preferences may also include details about who you usually travel with, their relationship to you, and your marital status.

If you submit any Personal Data about other people to us or our Service Providers (e.g., if you make a reservation for another individual), you represent that you have the authority to do so and you permit us to use the data in accordance with this Privacy Statement.

COOKIES AND OTHER DATA

We may also collect “Other Data” that generally do not reveal your specific identity or do not directly relate to an identified individual. To the extent Other Data reveal your specific identity or relate to an individual, we will treat Other Data as Personal Data. Other Data include:

Your browser or device. We collect certain data through your browser or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Apple), screen resolution, operating system name and version, device manufacturer and model, language, internet browser type and version and the name and version of the Online Services (such as the Apps) you are using. We use this data to ensure that the Online Services function properly.
Your use of the Apps. We collect certain data when you download and use an App, such as App usage data, the date and time the App on your device accesses our servers, and what data and files have been downloaded to the App based on your device number. We use this data to ensure that the Online Services function properly. Our Apps may contain software development kits (SDKs) from third parties which may collect and transmit Other Data to enable various features in the App. We may also collect mobile device advertising identifiers to enhance and personalize your experience and deliver relevant products, content, or ads to show you on our Website, Apps, or external advertising.
- Changing Your App Preferences for Collecting Mobile Device Advertising Identifiers. You can set your preferences in our Bonvoy™ Mobile App by logging into the app, going to the “Account” section of the app, select the settings button (circle gear icon) in the upper right-hand corner of the Account section, select your “Communication Preferences” and then, “Offers from our Partners.” In addition, you can reset advertising identifiers or disable them within your mobile device’s privacy settings.
- Optional App Features. Our Apps may contain optional features made available to developers by the device’s operating system. To improve your experience, we may require your permission for the use of your device’s location, camera, or other functions (e.g., using your device’s camera to capture your credit card information). You may choose not to allow the use of such functions, in which case the App features relying on such functions may not be available to you. Go to your device’s settings to manage these permissions.
Cookies. We collect certain data from cookies, which are pieces of data stored directly on the computer or mobile device that you are using. Cookies allow us to collect browser type, time spent on the Online Services, pages visited, referring URL, language preferences, and other aggregated traffic data. We use functional cookies to obtain the data for security purposes, to facilitate navigation, to display content more effectively, to collect statistical data, to personalize your experience while using the Online Services, and to recognize your computer to assist your use of the Online Services. We also gather statistical cookie data about use of the Online Services to continually improve design and functionality, understand how they are used and assist us with resolving questions. Advertising cookies further allow us to select which advertisements or offers are most likely to appeal to you and display them while you are using the Online Services. We also use them to send marketing emails and to track responses to online advertisements and marketing emails. You can learn more about cookies at: http://www.allaboutcookies.org/manage-cookies/index.html.
- Manage Cookie Preferences:
  - You can choose whether to accept cookies by managing your tracking preferences by clicking on “Tracking Preferences” located at the bottom of our home page or by changing the settings on your browser. If, however, you do not accept cookies, you may experience some inconvenience in your use of the Online Services. For example, we will not be able to recognize your computer, and you will need to log in every time you visit. You also will not receive advertising or other offers from us that are relevant to your interests and needs. At this time, we do not respond to browser “Do-Not-Track” signals.
- Third Party Advertising:
  - We may use third-party advertising companies to serve advertisements regarding goods and services that may interest you when you access and use the Online Services, other websites, or online services. To serve such advertisements, these companies place or recognize a unique cookie on your browser (including through use of pixel tags). If you would like more information about this practice, and to learn about your choices in connection with it, please visit http://www.networkadvertising.org/managing/opt_out.asp and http://www.aboutads.info/.

Pixel Tags and other similar technologies. We collect data from pixel tags (also known as web beacons and clear GIFs), which are used with some Online Services to, among other things, track the actions of users of the Online Services (including email recipients), measure the success of our marketing campaigns, and compile statistics about usage of the Online Services.
Analytics. We collect data through Google Analytics and Adobe Analytics, which use cookies and technologies to collect and analyze data about use of the Services. These services collect data regarding the use of other websites, apps, and online resources. You can learn about Google’s practices by going to www.google.com/policies/privacy/‌partners/ and opt out by downloading the Google Analytics opt out browser add-on, available at https://tools.google.com/dlpage/gaoptout. You can learn more about Adobe and opt out by visiting http://www.adobe.com/privacy/opt-out.html.
Your IP Address. We collect your IP address, a number that is automatically assigned to the device that you are using by your Internet Service Provider (ISP). An IP address is identified and logged automatically in our server log files when a user accesses the Online Services, along with the time of the visit and the pages that were visited. We use IP addresses to calculate usage levels, diagnose server problems and administer the Online Services. We also may derive your approximate location from your IP address.
Aggregated and Segmented Data. We may aggregate data that we collect, and this aggregated data will not personally identify you or any other user. We may also use both Personal Data and Other Data to divide customers into segments, or groups, in order to provide more relevant advertising.
Precise Location-Based Services. With your consent, we may collect the precise physical location of your device by using satellite, cell phone tower, Wi-Fi signals, or other technologies. We will collect this data if you opt-in through the App or other program (either during your initial login or later) to improve special offers and to enable location-driven capabilities on your device. If you have opted-in to share your location, the App or other program will continue to collect location data based on how you chose to share the data.

HOW AND WHERE WE COLLECT YOUR DATA

This Privacy Statement describes the privacy practices of the Lumpkin’s of VA, LLC Group for Personal and Other Data that we collect through the following:

Lumpkin’s of VA, LLC Group. We collect Personal Data and Other Data from other companies within the Lumpkin’s of VA , LLC for the purposes described in this Privacy Statement, such as providing and personalizing the Services, communicating with you, facilitating the loyalty programs and to accomplish our business purposes.
On-Property and/or Travel Providers. We may collect your Personal Data and Other Data from the restaurant.
Promotional Activity. We collect Personal Data and Other Data from with third parties who may provide promotions to you, such as sweepstakes, contests, or other offers.
Other Sources & Service Providers. We collect Personal Data and Other Data from various third parties, such as public databases, joint marketing partners and online travel agencies (OTAs).
Online Services. We collect Personal or Other Data when you interact with our Online Services, by performing such actions as, but not limited to, browsing, making a reservation, purchasing goods and services from our websites or Apps, communicating with us or otherwise connecting with us or posting to social media pages, or signing up for a newsletter or participating in a survey, contest or promotional offer.
Customer Care Center. We collect Personal Data when you make a reservation over the phone, communicate with us by email, fax, or via online chat services or contact customer service. These communications may be recorded for purposes of quality assurance and training.

WHY WE COLLECT YOUR DATA (LEGAL BASIS)

PURPOSE	DESCRIPTION OF ACTIVITIES ASSOCIATED WITH PURPOSE	LEGAL BASES
Booking & Guest Registration	There are a number of activities associated with this purpose, such as: facilitating reservations and bookings of hotel accommodations and related services; engaging in pre‑arrival communications (logistics, changes, preferences, etc.); and processing payments and security deposits.	Performance of contract for the individual with the guest booking the room Legitimate interests for the individual booking the room, for example, honoring his/her preferences, as well as for any individuals accompanying the primary guest (e.g., spouse, children, friends) Legal obligations relating to financial transactions, such as the obligation to maintain books and records
On-Site Reception & Stay Services		Performance of contract, such as processing payments Legitimate interests, such as honoring the guest’s preferences (e.g., for a room near the elevator or on a top floor) Consent, such as collecting information regarding dietary preferences that the guest chooses to provide Legal obligations, such as collecting national ID numbers where legally required


Emergency & Incident Response	There are a number of activities associated with this purpose, such as: ensuring the security of on-site services; responding to, handling and documenting on-site accidents and medical and other emergencies (including facilitating in‑house doctor services); actively monitoring properties to ensure adequate incident prevention, response and documentation (including CCTV); requesting assistance from emergency services; and sending notifications and alerts in the event of incidents or emergencies (such as via SMS, email, call, audio-visual device prompts, etc.).	Performance of contract, such as ensuring the safety of guests and personnel through interactions with on-site security personnel Legitimate interests, such as monitoring properties through CCTV to ensure the safety of guests and personnel Legal obligations, such as documenting on‑site accidents Individuals’ vital interests, such as contacting medical or emergency services for an ill guest
Legal & Compliance	There are a number of activities associated with this purpose, such as: complying with applicable laws; complying with legal processes; responding to requests from public and government authorities; meeting national security or law enforcement requirements; enforcing our terms and conditions; protecting our operations; protecting the rights, privacy, safety, or property of the Lumpkin’s of VA , LLC Group, guests, visitors and other relevant individuals; and allowing us to pursue available legal remedies and limiting the damages that Lumpkin’s of VA , LLC may sustain.	Legal obligations, such as complying with legal processes Legitimate interests, such as enforcing terms and conditions to protect trademarks Individuals’ vital interests, such as contacting emergency services in case of disturbances and incidents involving guests

Food & Beverage Services	There are a number of activities associated with this purpose, such as: facilitating reservations; honoring dietary preferences; providing consistent and personalized service based on past usage and preferences expressed by the individual; processing payments; arranging reservations; and handling customer requests, inquiries, and complaints.	Performance of contract, such as processing payments Consent, such as collecting information about dietary, health restrictions, or personal needs of a guest when ordering food Legitimate interests, such as providing personalized services (e.g., offering red wine to a guest based on previous requests) Legal obligations relating to financial transactions, such as the obligation to maintain books and records Individuals’ vital interests (e.g., when an individual becomes ill in one of the restaurants)


Marketing, Promotions, Contests & Third-Party Products	There are a number of activities associated with this purpose, such as: communicating about products and services that may be of interest to guests; providing personalized advertisements for products and services on selected websites; facilitating participation in sweepstakes, contests and other promotions (such as best vacation photo contests on social media); and handling customer requests, inquiries and complaints.	Performance of a contract, such as fulfilling obligations associated with a contest Consent, such as honoring the mode of communication preferences (e.g., email, SMS) Legitimate interests, such as providing advertisements for similar products and services Legal obligations, such as handling information consistent with rules relating to sweepstakes

MORE INFORMATION ABOUT YOUR PERSONAL PREFERENCES

Our goal is to serve you better and meet your expectations and preferred level of hospitality at each stage, from the moment that you book with us through to when you check out. See below to learn more.

PERSONAL PREFERENCES	PURPOSES	LEGAL BASES
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Relationships (husband, wife, son, daughter, etc.)	We understand that your Preferences may change depending on who you are traveling with (such as your preferred room type). We may keep a record of your relationships to assist us with making your Lumpkin’s of VA, LLC stay as comfortable as possible. For example, if we know you are traveling with small children, we can proactively plan for additional accommodations such as a crib or roll-away bed.	Legitimate interest, in order to provide you with exceptional service Consent, where applicable

Dietary preferences	When you stay with us, we want to ensure that you are safe, that we are looking after your wellbeing, and to provide you with services to enhance your Lumpkin’s of VA, LLC experience. For example, we may make a note of your dining or beverage preferences so that we are prepared if you request room service or dine at one of our cafes or restaurants.	Legitimate interest, in order to provide you with exceptional service Consent, where applicable

Cancellation Policy

You may cancel your reservation for no charge before 11:59 PM local hotel time (1 day before arrival). Please note that we will assess a fee equal to one nights stay if you must cancel after this deadline. If you have made a prepayment, we will retain all or part of your prepayment. If not, we will charge your credit card.

Sales Tax

Lumpkins Restaurant & Motel charges sales tax for Food and Motel Stays on this Website based on the applicable Virginia state and Local sales tax rates.

Miscellaneous

GOVERNING LAW: In the event of litigation both parties agree that the Law of the State of business registration of Lumpkins Restaurant & Motel shall apply and both parties shall consent to the jurisdiction of said State’s courts, or in the event of diversity of citizenship, the United States District Court for the (District). Both parties expressly waive a trial by jury.

MISCELLANEOUS: The Terms and Conditions constitute the entire agreement between you and Lumpkins Restaurant & Motel with respect to this Website. The Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Lumpkins Restaurant & Motel with respect to this Website. No modification of the Terms and Conditions shall be effective unless it is authorized by Lumpkins Restaurant & Motel. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.