TERMS OF USE:

The Terms of Use apply to your use of the website keywestexpress.net and any website operated by Key West Express LLC or its affiliates or subsidiaries on which these Terms are posted and any services, products, content or applications made available on the Site.   Your use of Site is your acknowledgement and acceptance of terms.  If you do not agree to any of the Terms of Use contained herein, do not access, visit or use the Site.  We reserve the right to change, modify or amend these Terms and user is solely responsible for reviewing and familiarizing yourself with any changes.  None of  our employees, representatives or agents have the right to modify terms orally or otherwise.

We reserve the right, for any reason whatsoever and in our sole discretion, to terminate, change, suspend or discontinue any of our Site offerings or other features of the Site, including, but not limited to, content, feature, schedules, fares and availability of products and services without liability thereto.   Key West Express products, including but not limited to tickets and vouchers, are NOT for RESALE and are NON-TRANSFERABLE. Key West Express, LLC, along with its respective affiliates, officers, managers, directors, members, stockholders, agents, employees, successors and assigns, and its affiliates’ officers, managers, directors, members, stockholders, agents, employees, successors and assigns (collectively “Related Parties”), is not responsible or liable for the loss, misuse or misrepresentation of tickets or vouchers over the internet, electronic communication or any other means or methods. The user of the Site and Purchaser assumes all responsibility of the transaction and agrees to indemnify and hold harmless, Key West Express LLC and its Related Parties from and against all claims, damages and losses, including but not limited to, incidental, consequential, exemplary and punitive damages, and all attorneys’ fees and costs (at trial and all appellate levels), arising out of, or in connection with the transaction. 

We make certain services and information available to guests of the site. The linked sites and content contained therein are available as a guest convenience, and are not under the control of Key West Express, LLC. Guests acknowledge and accept that all links, activities, and services associated with such sites are provided by independent contractors that are not agents or representatives of Key West Express, LLC and that Key West Express, LLC and its Related Parties are not and shall not be responsible or liable for any activity or service provided by such independent contractors nor for the content or privacy practices of those sites. The guest expressly assumes the full risk of utilizing such sites and agrees to hold harmless Key West Express, LLC and its Related Parties from any claims arising from or out of the use of such sites.

 

By using the Services, you agree to the terms and conditions of this Privacy Statement.

PRIVACY POLICY:

Key West Express is sensitive to and respectful of your privacy. We are committed to ensuring the privacy of your personally identifiable information and protecting your financial transactions.  We do not sell your personal information or data, and only share it with the persons or entities, and for the purposes described herein and within Terms of Use.  This Privacy Policy describes the privacy practices for the data that we collect:

  • through websites operated by us, or on our behalf now or in the future, through which you(collectively, the “Websites”)
  • are accessing this Privacy Policy, including but not limited to this website, applications made available through this site and online booking engine or our website vendors for us
  • through the software applications made available by us for use on or through computers and
  • mobile devise (the “Apps”)
  • through HTML-formatted email messages that we send you that link to the websites with this Privacy Policy and through your communications with us
  • when you interact with us when you visit any of our locations or travel with us as a guest and Media Pages, (“Online Services”), together we collectively refer to herein as the “Services.”
  • through other offline interactions (“Offline Services”) and the Websites, the Apps and our Social Media Pages, ("Online Services"), together we collectively refer to herein as the "Services."

By using the Services, you agree to the terms and conditions of this Privacy Policy.

Communication Preferences

We want to engage with you in a way that is valuable to you, including how often you want to hear from us. To unsubscribe to any communications from us, use the “unsubscribe” link contained at the bottom of any of our communications to you.  NOTE:  Even if you choose to opt out of communications, we will continue to send you transactional messages about your reservations or travel, including pre-arrival or post-arrival messages, payment, administrative information, confirmations, thank you’s and guest satisfaction surveys.

Other Preferences

If you are a EU resident looking to exercise your individual rights under the GDPR, please contact us at privacy@keywestexpress.net or:

Key West Express, LLC

Attention: Privacy

P.O. Box 2460

Fort Myers Beach, FL 33931

 

 If we don’t hear from you, or you don’t choose any of the preferences described herein, you are telling us that you do not choose to elect preferences or exercise such rights.

For your protection, you may be asked to satisfactorily verify your identity before we respond

 

Collection of Personal Data

“Personal Data” are data that identify you as an individual or related to an identifiable individual.

At touchpoints throughout your guest experience and journey, through the Services, and perhaps otherwise, we collect Personal Data, in some cases as is required by law, such as:

  • Name
  • Gender
  • Postal address
  • Telephone number
  • Email address
  • Credit and debit card number or other payment data
  • Financial information in limited circumstances
  • Language preference
  • Date and place of birth
  • Nationality, passport, visa or other government issued identification data
  • Important dates, such as birthdays, anniversaries and special occasions
  • Membership or loyalty program data (including co-branded payment cards, travel partner program affiliations)
  • Employer details
  • Travel itinerary, tour group or activity data
  • Prior guest journeys or interactions, goods and services purchased, special service and amenity requests
  • Geolocation information
  • Social media account ID, profile photo and other data publicly available

In more limited circumstances, we may also collect:

  • Data about family members and companions, such as names and ages of children
  • Biometric data, such as digital images
  • Images and video and audio data via: a) security cameras located in public areas, such as hallways and common areas on our properties and on our vessels and b) body-worn cameras carried by crew, agents and other security personnel
  • Guest preferences and personalized data (“Personal Preferences”), such as your interests, activities, hobbies, food and beverage choices, services and amenities of which you advise us or which we learn about during your interactions with us

If you submit any Personal Data about other people to us or our Service Providers (i.e., if you make a reservation for another individual), you represent that you have the authority to do so and do hereby consent on your own behalf, and on behalf of anyone you are assisting, to permit us to use the data (as defined herein) collected in any way by us, including through Services in accordance with this Privacy Policy.

How We Collect Personal Data

 We collect Personal Data, including through the Services, in a variety of ways:

  • Property Visits and Offline Interactions. When you visit our properties or use on-property services and outlets, such as concierge services, food & beverage services and retail outlets. We also collect Personal Data when you attend promotional events that we host or in which we participate, or when you provide your Personal Data to facilitate an event.
  • Online Services. When you make a reservation, purchase goods and services from our Websites or Apps, communicate with us, or otherwise connect with us or post to social media pages, or sign up for a newsletter or participate in a survey, contest or promotional offer.
  • Customer Care Centers. When you make a reservation over the phone, communicate with us by email, social media, fax or via online chat services or contact customer service. These communications may be recorded for purposes or quality assurance and training.
  • Other Sources. We collect Personal Data from other sources, such as public databases, joint marketing partners and other third parties.
  • Internet Connected Devices. Internet connected devices available in our properties and locations.
  • Physical & Mobile Location Based Services. We may collect the precise physical location of your device by using satellite, cell phone tower, WiFi signals or other technologies, if you download one of our Apps or choose to participate in certain programs. We will collect this data if you opt in through the App or other program (either during your initial login or later) to receive special offers and to enable location-driven capabilities on your mobile device.   If you have opted in, the App or other program will continue to collect data until you log off or close application or if you use other device settings to disable location capabilities for the App or other program.

 

Collection of Other Data

“Other Data” are data that generally do not reveal your specific identity or do not directly relate to an individual. To the extent Other Data reveal your specific identity or related to an individual, we will treat Other Data as Personal Data.  Other Data Include:

  • Browser and device data
  • App usage data
  • Data collected through cookies, pixel tags and other technologies
  • Demographic data and other data provided by you
  • Aggregated data

 

How We Collect Other Data

We collect Other Data in a variety of ways:

  • Browser or Device. We collect certain data through browsers or automatically through an end-user, such as the Media Access Control (MAC) address, computer type (Windows or Macintosh), 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) being used.  We use this data to ensure that the Online Services function properly.
  • Use of the Apps. We collect certain data when a user downloads and uses an App, such as App usage data, the data 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.
  • Cookies. We collect certain data from cookies, which are pieces of data stored directly on the computer or mobile device being used. Cookies allow us to collect data such as browser type, time spent on the Online Services, pages visited, referring URL, language preferences, and other aggregate traffic data. We use the data for security purposes, to facilitate navigation, to display data more effectively, to collect statistical data, to personalize the user experience while using the Online Services and to recognize the end-user computer to assist in the use of the Online Services. We also gather statistical data about use of the Online Services to continually improve design and functionality, understand how they are used and assist us with resolving issues and questions.    Refer to specific Cookies Policy.
  • 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 Online Services.
  • Analytics. We collect data through Google Analytics, Adobe Analytics and other similar technologies, which use cookies and technologies to collect and analyze data about the use of the Services. These Services collect data regarding the use of other websites, apps and online resources.
  • Adobe Flash Technology (such as Flash Local Shared Objects (“Flash LSOs”) and Other Similar Technologies. We collect data through Flash LSOs and other technologies on Websites to, among other things, collect and store data about your use of the Online Services. If you do not want Flash LSOs stored on your computer, you can adjust the settings of your Flash player to block Flash LSO storage. Please note that setting Flash Player to restrict or limit acceptance of Flash LSOs may reduce or impede the functionality of some Flash applications, including those used with the Online Services.
  • Your IP Address. We collect your IP address, a number that is automatically assigned to the computer 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 address to calculate usage levels, diagnose server problems and administer the Online Services. We also may derive your approximate location from your IP address.
  • Aggregated Data. We may aggregate data that we collected and this aggregated data will not personally identify you or any other user.

Use of Personal Data and Other Data

We use Personal Data and Other Data to provide you with Services, to develop new offerings and to protect Key West Express, LLC and its Related Parties and our guests as detailed below. In some instances, we will request that you provide Personal Data or Other Data to us directly.  If you do not provide the data that we request, or prohibit us from collecting such data, we may not be able to provide the requested Services.

We use Personal Data and Other Data for our legitimate business interests to provide Services you request, as well as the following:

  • To facilitate reservations, payment, send administrative information, confirmations, pre-arrival or post-arrival messages, to assist you with events and to provide you with other information about the area and associated products and services.
  • To complete your reservation, for example, to process your payment, ensure availability and provide you with related customer service.
  • To support our electronic receipt program. When you provide an email address in making a purchase or making a reservation, we use that email address to send you a copy of your purchase, travel itinerary, payment details or the product itself.

If you make a reservation for another person using your email address, that person’s documents will be emailed to you as well.

We will use Personal Data and Other Data to manage our contractual relationship with you, because we have a legitimate interest to do so and/or to comply with a legal obligation.

  • Personalize the Services according to your Personal Preferences. We use Personal Data and Other Data to personalize the Services and improve and customize your experiences and present offers tailored to your Personal Preferences, including when you contact us by phone, visit one of our property locations or use the Online Services.

We will use Personal Data and Other Data to provide personalized Services according to your Personal Preferences either with your consent or because we have a legitimate interest to do so.

  • Communicate with you about Goods and Services According to your Personal Preferences. We use Personal Data and Other Data to send you marketing communications and promotional offers, as well as periodic customer satisfaction, market research or quality assurance surveys.

We will use Personal Data and Other Data in this way with your consent, to manage our contractual relationship with you and/or because we have a legitimate interest to do so.

  • Sweepstakes, Activities, Events and Promotions. We use Personal Data and Other Data to allow you to participate in sweepstakes, contests, promotions and to administer these activities. Some of these activities have additional rules and may contain additional information about how we use and disclose your Personal Data. We suggest that you read any such rules carefully.

We use Personal Data and Other Data in this way with your consent, to manage our contractual relationship with you and/or because we have a legitimate interest to do so.

  • Business Purposes. We use Personal Data and Other Data for data analysis, audits, security and fraud monitoring and prevention (including with the use of closed circuit televisions and other security systems), developing new products and services, enhancing, improving or modifying our products and services, identifying trends, determining the effectiveness of our promotional campaigns and operating and expanding our business activities.

We use Personal Data and Other Data in this way to manage our contractual relationship with you, comply with a legal obligation and/or because we have a legitimate interest to do so.

 

Disclosure of Personal Data and Other Data

Our goal is to provide you with the highest level of hospitality and Services, and to do so, we share Personal Data and other Data with the following:

  • Related Parties. We share Personal Data and Other Data with Related Parties for the purposes described in this Privacy Policy, such as providing and personalizing the Services, communicating with you, and to accomplish our business purposes.
  • Corporate Restructuring. We may disclose or transfer your Personal Data and Other Data to a third party in the event of any restructuring, business reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of the business, assets or stock (including in any bankruptcy or similar proceedings).
  • Service Providers.  We disclose Personal Data and Other Data to third-party service providers for the purposes described in this Privacy Policy. Examples of service providers include companies that provide website hosting, data analysis, payment processing, order fulfillment, information technology and related infrastructure provision, customer service, email delivery, marketing, auditing and other services.

Other Uses and Disclosures

We will use and disclose Personal Data as we believe to be necessary or appropriate: a) to comply with applicable law, including laws outside your country of residence; b) to comply with legal process; c) to respond to request from public and government authorities, including outside of your country of residence and to meet national security or law enforcement requirements; d) to enforce our terms and conditions; e) to protect our operations; f) to protect the rights, privacy, safety of Key West Express property and that of affiliates, related parties, you or others; and g) to allow us to pursue available remedies or limit the damages that we may sustain. We may use and disclose Other Data for any purpose, except where we are not allowed to under applicable law. In some instances, we may combine Other Data with Personal Data (such as combining your name with your location).  If we do, we will treat the combined data as Personal Data as long as it is combined.

Non-Entities

This Privacy Policy does not address, and we are not responsible for the privacy, data or other practices of any entities outside of Key West Express, including any third party operating any site or service to which the Services link, payment service, loyalty program, or website that is the landing page of the high-speed Internet providers at our locations. The inclusion of a link on the Online Services does not imply endorsement of the linked site or service by us.  We have no control over, and are not responsible for any third party’s collection, use and disclosure of your Personal Data.

In addition, we are not responsible for the data collection, use, disclosure or security policies or practices of other organizations, such as Facebook, Apple, Google, Microsoft, RIM or any other App developer, App provider, social media platform provider, operating system provider, wireless service provider or device manufacture, including with respect to any Personal Data you disclose to other organizations through or the Apps or our Social Media Pages.

Third Party Advertisers

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).

Security

We seek to use reasonable organization, technical and administrative measures to protect Personal Data. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure.  If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your account has been compromised), please contact us at privacy@keywestexpress.net or:

Key West Express, LLC

Attention: Privacy

P.O. Box 2460

Fort Myers Beach, FL 33931

 

Choices, Access and Retention

You have choices when it comes to how we use your data and we want to ensure you have the information to make that choices that are right for you. If you no longer want to receive marketing related emails, you may opt out by following the instructions in any such email you receive from us.  We will try to comply with your request as soon as reasonably practicable.  If you opt out of receiving marketing emails from us, we may still send you important administrative messages, from which you cannot opt out.

If you do not agree to any of the Terms of Use or Privacy Policy contained herein, do not access, visit or use the Site.

How can I Updated and Access my Information (Exercise my Data Subject Rights)?

If you would like to exercise any data subject right available to you under the EU General Data Protection Regulation (GDPR), including access, review, updated, rectify, or delete any Personal Information that you have previously provided to us, please contact us at privacy@keywestexpress.net or:

Key West Express, LLC

Attention: Privacy

P.O. Box 2460

Fort Myers Beach, FL 33931

 

Our Privacy team will examine your request and respond to you as quickly as possible. Please note that we may still use any aggregated and anonymized Personal Information that does not identify any individual and may also retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

For your protection, we only fulfill requests for the Personal Data associated with the particular email address that you use to send us your request, and we may need to verify your identity before fulfilling your request. We will try to comply with your request as soon as reasonably practicable.

Please note that we often need to retain certain data for recordkeeping purposes and/or to complete transactions that you began prior to requesting a change or deletion (i.e., when you make a purchase or reservation, or enter a promotion, you may not be able to change or delete the Personal data provided until after the completion of such purchase, reservation or promotion). We are also required to maintain certain data as required by applicable law, government agencies and law enforcement. There may also be residual data that will remain within our databases and other records, which will not removed.  In addition, there may be certain data that we may not allow you to review for legal, security or other reasons.

Retention

We will retain your Personal Data for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law. The criteria used to determine our retention periods include:

  • The length of time we have an ongoing relationship with you and provided the Services to you (for example, as long as you have an account with us or keep using the Services).
  • Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them).
  • Whether retention is advisable considering our legal position (such as, for statutes of limitations, litigation or regulatory investigations).

Sensitive Data

Unless specifically requested, we ask that you not send us, and not disclose, on or through the Services or otherwise to us, any Sensitive data (i.e., social security numbers, national identification number, data related to racial or ethnic origin, political opinions, religion, ideological or other beliefs, health, biometrics or genetic characteristics, criminal background, trade union membership, or administrative or criminal proceedings and sanctions).

Use of Services by Minors

The Services are not directed to individuals under the age of eighteen (18), and prohibited for any person under this age to use Services and they are not to provide Personal Data through the Services. However, to the extent you provide us any information as to minors, providing such information shall be your consent, on the minor’s behalf, to our use and retention of this data.

Updates to this Privacy Statement

The “Last Updated” legend at the top of this page indicates when this Privacy Policy was last revised. Any changes will become effective when we post the revised Privacy Policy on the Online Services.  Your use of the Services following these changes means that you accept the revised Privacy Policy.  If you would like to review the version of the Privacy Statement effective immediately prior to this revision, please contact privacy@keywestexpress.net.

 

Contacting Us

If you have any questions about this Privacy Policy, please contact privacy@keywestexpress.net, or:

Key West Express, LLC

Attention: Privacy

P.O. Box 2460

Fort Myers Beach, FL 33931 

Because email or postal communications may not always be secure, please do not include credit card or Sensitive Data in your correspondence.

 

Cookies & Third Party Internet Services:

On our website we use cookies, third party vendors; including Google and similar technologies to optimize your guest experience.

A cookie is a small computer file stored on your computer that a web browser provides to a site for the main purpose of identification. When you access our website, our servers may record personally identifiable information.  This includes but is not limited to:  your navigation of our site, the device and network you are using to connect to the internet, including your IP address.

This feature allows us the ability to provide information based upon your preferences, improve customer service, enhance website functionality and increase marketing efficiency.  We also use Google Analytics and other third party services for re-marketing and analyzing  our website.

Most browsers automatically accept cookies however, if you do not wish to have cookies on  your computer you may disable them from your browser.  Be aware that disabling cookies may prevent certain features and options on our website from functioning properly.