Privacy Notice

Last Updated: April 12, 2024

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Hualalai Investors LLC (“Hualalai Investors”, “we”, “us” and “our”) takes the issue of safeguarding your privacy seriously. Our Privacy Notice describes what information we collect from or receive about hotel guests, Residence Club and Private Residence owners, prospective Residence Club and Private Residence owners, renters and exchange guests (collectively referred to as “Guests and Owners”) as well as visitors to Hualalai Investors websites that post, refer or are otherwise subject to this Privacy Notice, and mobile App users, and the way in which Hualalai Investors uses this information to better serve your needs.

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This Privacy Notice has been adopted by all of the distinct legal entities that manage and operate Hualalai Investors andHualalai Investors operated businesses. References to “we”, “us”, “our” and “Hualalai Investors” throughout this Privacy Notice, depending on the context, refer collectively to those separate and distinct legal entities.

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What personal information do we collect?

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Personal information is any information that may identify or relate to you as an identifiable individual. The personal information that we collect or receive about you could include the following categories of information:

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Identity information – such as name, age, gender, passport information or data from government-issued identity cards or from your accounts created on our websites;

Contact information – such as your home address, zip/postal code, email address and phone number;

Images – such as CCTV images, publicly available photographs and images captured at events or during your stay;

Financial and payment information – such as your credit card details, itemized spending, billing address, and transaction history;

Reservation information – such as the type and location of the rooms you reserve and the dates of your reservations;

Health information – where disclosed and relevant to the provision of services;

Preference information – such as special requests, service issues and other preferences for your stay;

Purchase history – details of your purchases on our websites, including on the Four Seasons Online Shop, and delivery address;

Public information – such as when we review public platforms to understand what you are saying about us or the hospitality industry;

Technical information – such as information about the device you use to interact with us (including the unique device identifier, hardware model, IP address, geolocation, operating system and version, and mobile network information and unique device identifiers, in the case of our mobile App); and

Correspondence information – when you contact us, such as to send an enquiry or make a request, any correspondence or application may be kept and added to your personal information.

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How do we use your personal information?

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For each of the categories of personal information described above, we use your personal information for the following purposes:

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to enable you to use our websites and our mobile App;

to help us recognize or identify you and any accounts or profiles you hold with us, for instance as a visitor to our websites or mobile App, or as a Guest and/or Owner;

to provide superior customer service to you;

to assist us in making your reservation and providing the services you request at any of our properties;

to process transactions through our websites and mobile App (including taking payment for purchases you may make through our websites and mobile App) and to assist in any inquiries about your transaction;

for billing purposes in relation to your stay with us;

to confirm prior transactions and reconcile statements or invoices;

to consolidate your accounts on our websites and mobile App;

to contact you in relation to matters that arise from your stay with us;

to send you newsletters or marketing communications regarding our properties or products and to advise you of promotions or to inform you of offers or other information that may be of interest to you (if, where required, you separately provide your consent for us to do so);

to personalize and enhance your online and guest experience;

to conduct surveys or focus groups to receive your views of our properties and service delivery (if, where required, you separately provide your consent to this);

to respond to a specific “Information Request” from you about one of our hotels, resorts or residential properties and deal with any other enquiries, correspondence, concerns or complaints you have raised;

for marketing, advertising and promotional purposes, such as through one of our on-line promotions or on third party social networks, consistent with your preferences and applicable law;

if you create an online profile or account on a website or our mobile App, or become a Guest or Private Residence or Residence Clubowner, to create a profile about you;

to analyze customer trends and insights; and

to operate our business, including for internal purposes such as auditing, data analysis, statistical and research purposes and troubleshooting to help us improve our services.

Occasionally we will combine information from a number of website visitors, mobile App users, Guests and Owners to better understand trends and your expectations. When this occurs, all customer identifiers are removed and the aggregate, anonymized information cannot be linked to any specific individual or household.

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On what basis do we use your personal information?

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We use your personal information on the following basis:

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to comply with legal and regulatory obligations, including financial reporting requirements imposed by government regulators and our auditors;

to enter into agreements with you, and to perform our agreement to provide services to you when you stay or otherwise engage with us;

for legitimate business purposes – using your personal information helps us to operate and improve our business and minimise any disruption to the services that we may offer to you. It also allows us to make our communications with you more relevant and personalized to you, and to make your experience of our services more efficient and effective;

because you have given your consent – at times we may ask for your consent to allow us to use your personal information for one or more purposes. See the “Your rights” section for more information about the rights that you have if we process your information on the basis of your consent;

for purposes disclosed at the time you provide your personal information or as otherwise set forth in this Privacy Notice; or

for the establishment, exercise or defense of legal claims or proceedings.

How and from what sources is personal information collected?

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For each of the categories of personal information and purposes described above, we gather information when you provide it to us, or interact with us directly, for example:

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when you create a profile or sign in to access an existing profile or account on our websites or mobile App;

when you make a purchase through our websites or mobile App;

when you make a reservation online, by calling one of our Reservation Offices or by contacting the resort directly; and

during your stayat a hotel, resort, Residence Club property or Private Residence, including information provided during check-in

We also collect your personal information while monitoring our technology tools and services, including comment cards and email communications sent to and from Hualalai Investors.

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We may also receive information about you from other sources, such as our business partners and trusted third party service providers, publicly available sources, from other members of your traveling party or other individuals. We may also combine information that we have about you from various sources, including the information that you have provided to us.

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Finally, we may collect your photograph from publicly available sources so that we can recognize you in order to provide you with superior customer service.

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Cookies and other data

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We collect information automatically from you through the use of cookies, pixel tags and similar technologies, when you visit our websites or use our mobile App or read our emails, and we may use third party partners to collect this device and usage information. For example, we collect information about how you use our websites and mobile App, such as the pages you visit or links you click and if you use multiple devices, and information about the device you use, such as the IP address, device type, operating system, and a unique ID that allows us to uniquely identify a browser, mobile device or account (including, e.g., a persistent device identifier or AdID), and other such information. If permitted by your device settings, we and our third party providers may collect location data through GPS, Wi-Fi or other methods to personalize and enhance your online experience and to improve the effectiveness of our websites, mobile App, offers, advertising, communications and customer service. We collect analytics data, or use third party analytics tools to help measure traffic and usage trends and to understand more about the demographics and behaviors of our users.

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We, or our third party partners, may use the data collected through cookies and similar technologies to remember information so that you will not have to re-enter it during your visit or the next time you visit the websites or mobile App; provide custom, personalized content and information; identify and contact you across multiple devices; provide and monitor the effectiveness of our website and mobile App and perform analytics; diagnose or fix technology problems; detect or prevent fraud or other harmful activities, and otherwise to plan for and enhance our online properties and services.

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We may also use third party advertising companies to serve advertisements regarding goods and services that may interest you when you access and use our websites and mobile App. To serve such advertisements, these companies place or recognize a unique cookie on your browser (including through use of pixel tags).

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For more information about our and our third party partners’ use of cookies and related technologies to collect information automatically, please see our Cookie Notice.

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How do we protect personal information?

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We use a variety of physical, technical and administrative security measures and technologies to help preserve the integrity and security of your personal information, consistent with applicable data protection and privacy laws.

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We endeavor to protect the privacy of your account and other personal information that we hold in our records, but unfortunately, we cannot guarantee complete security. Unauthorized access or use, hardware or software failure, and other factors, may compromise the security of user information. Also, while we endeavor to put adequate contractual protections in place, we cannot guarantee the security of any personal information in databases hosted by third parties.

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It is important to note that any e-mail communication is not secure. This is a risk inherent in the use of e-mail. Please be aware of this when requesting information or sending forms to us by e-mail (for example, from the “Contact Us” section of fourseasons.com). We recommend that you do not include any confidential information (e.g. credit card information) when using e-mail. For your protection, our e-mail responses to you will not include any sensitive personal information.

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Finally, to be prudent, please be sure to always close your browsers when you are done using a form or the reservation site. Although the session will terminate after a short period of inactivity, it is best to close your browsers immediately upon completion, especially when using a public computer.

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Will personal information be provided to third parties?

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For each of the categories of personal information, sources of information and purposes described above, we may share certain of your personal information with:

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Four Seasons hotels and resorts, and managed properties (including Private Residences or Residence Club properties);

Four Seasons Residence Club Property Sales Specialists;

agents, contractors or third party service providers of Four Seasons who provide services to Four Seasons or on our behalf, including as needed to better serve your needs as a website visitor, mobile App user, Guest or Owner;

others with your consent or at your direction;

escrow agents, third party lenders and loan-servicing agents;

a prospective buyer, investor or other third party in the event that we are involved with a corporate business transaction, such as a merger, acquisition, joint venture, or financing or sale of any business or assets or similar business transaction;

online advertising partners, analytics and search engine providers that assist Four Seasons in the improvement and optimization of the websites and our mobile App, or for advertising, analytics, attribution, or research purposes (see our Cookie Notice to learn more);

our professional advisors and auditors; and local or foreign regulators, governments, courts, law enforcement and national security authorities.

Where a third party engaged by Four Seasons processes personal information on our behalf, Four Seasons takes steps to contractually require these parties protect your personal information in a manner consistent with the principles articulated in this Privacy Notice.

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In the case of third party residential property developers, please visit the particular developer’s privacy notice to learn more about the personal information practices of the third-party developer.

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If you have chosen to join a subscription list, please note that they are only used for internal purposes and we do not sell or rent our subscription lists to third parties for their direct marketing purposes.

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If Hualalai Investors suspects any unlawful activity is taking place, it may investigate and/or report its findings or suspicions to the police or other relevant law enforcement agency.

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We may also disclose information as may be required by law or legal process, or if we reasonably believe such disclosure is necessary to comply with legal process or the reasonable requests of law enforcement or to exercise or protect the rights, property or personal safety of Hualalai Investors, our Guests or Owners, or others.

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Transfers of your personal information outside your home country

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Your personal information may be processed by Hualalai Investors, Four Seasons and its third party suppliers anywhere in the world, including in countries where data privacy laws may not be equivalent to, or as protective as, the laws in your home country.

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In particular, your personal information will be stored in your guest profile in our Central Reservation System located in Canada, and is available to all Four Seasons properties.

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We will implement appropriate measures to ensure that your personal information remains protected and secure when it is transferred outside of your home country. These measures include data transfer agreements implementing standard data protection clauses. You can find out more about data transfer agreements here.

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Your rights

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Depending on applicable law, which may be determined by your country, region or state of residency, you may be able to exercise one or more of the following rights relating to our processing of your personal information. You may also have other rights under the laws of your jurisdiction of residence.

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To protect your personal information, we may require that you prove your identity to us at the time your request is made. This may involve providing us with information which we hold on file about you (e.g. a home or business address), or we may require you to produce some form of photo or government issued identification.

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Accessing, correcting or deleting your personal information

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We understand that you may like to know what personal information we hold about you, or to correct or delete certain information we hold about you. We are happy to assist you with your request.

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Four Seasons reserves the right to decline a request to access, correct or delete your personal information under certain circumstances as permitted by applicable law. In particular, there may be a variety of legitimate business reasons why we may be unable to delete your personal information and where we are permitted to decline your request to delete your information.

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Right to decline marketing communications

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If you do not wish to receive marketing communications from Hualalai Investors, you may indicate your wishes on your registration card when you stay with us or send an e-mail to: club.guest.hualalai@fourseasons.com. You will always have the ability to accept or decline any form of communication from Hualalai Investors. You may unsubscribe from electronic marketing communications at any time by selecting the “unsubscribe” link included in such communications. Please note that you may not be able to opt out of service-related communications (e.g., account verification, transactional communications, technical and security and notices).

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Other rights

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You may also be entitled to:

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request the restriction of the processing of your personal information, or object to that processing;

opt out from the processing or disclosure of your personal information for direct marketing purposes;

withdraw your consent to the processing of your personal information (where Hualalai Investors is processing your personal information based on your consent); and

request the receipt or transmission to another organisation, in machine-readable form, of the personal information you have provided to Hualalai Investors.

Where you are given the option to share personal information with Hualalai Investors, you can always choose not to do so.

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If you object to the processing of your personal information, or if you have provided your consent to processing and you later choose to withdraw it, we will respect that choice in accordance with our legal obligations.

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This could mean that we are unable to perform the actions necessary to achieve the purposes of processing described above (see ‘How do we use your personal information?’) or that you are unable to make use of the services offered by us.

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After you have chosen to withdraw your consent, Hualalai Investors may be able to continue to process your personal information to the extent required or otherwise permitted by law.

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If at any time you wish to exercise any of these rights, you can do so bycontacting ourDirector of Member Services:

via email at: club.guest.hualalai@fourseasons.com

via letter:

Director of Member Services

PO Box 5440

Kailua Kona, HI 96745

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You may make a request through an authorized agent (such as a lawyer). We may request evidence of their authority to act on your behalf.

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How long is my personal information retained?

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Your personal information will be stored for the period of time required or permitted by law in the jurisdiction of any hotel holding the information. This may involve retaining information following your stay. We will delete your personal information once it is no longer reasonably necessary for any of the purposes described in this Privacy Notice.

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We will also keep your personal information where we need to do so in connection with a legal action or an investigation involving Hualalai Investors.

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Any financial information Four Seasons retains will be protected under the terms of this Privacy Notice and, where financing is arranged in the United States, under the Financial Services Modernization Act.

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How is personal information affected by business transactions and/or transfers?

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Four Seasons manages properties on behalf of third party property owners. Hualalai Investors may disclose to such a property owner certain Guest or Owner information as needed to implement business transactions between the property and a particular Guest or Owner. All other personal information is considered to be proprietary to Four Seasons, and is not shared with property owners. If we cease to manage a particular property, guest information required to process pending reservations and information that is historically shared with the property owner is retained by the property owner. All other personal information remains with Hualalai Investors.

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Third-Party Websites

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Our websites and online services may include links to third party websites, plug-ins and applications. We are not responsible for, and (except where we expressly adopt, incorporate, apply or refer to this Privacy Notice), this Privacy Notice does not apply to, any personal information practices of third party websites and online services or the practices of other third parties. To learn about the personal information practices of third parties, please visit their respective privacy notices.

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Updates to this Privacy Notice

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We will update this Privacy Notice from time to time. When we make changes to this Privacy Notice, we will change the Last Updated date at the beginning of this Privacy Notice and will provide any other form of notice as may be required by law. All changes shall be effective from the date of publication unless otherwise provided.

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Additional Notice for Residents of California, Colorado, Connecticut, Utah and Virginia: Some of the personal information we collect may be classified as “sensitive personal information” under certain U.S. state privacy laws, such as your passport number or other government identifier, payment card information, and information concerning your health. We use sensitive personal information as necessary to operate our services, to enter into and perform a contract with you, to comply with legal and regulatory requirements, to protect the life or physical safety of you or others, or as otherwise permissible for our internal business purposes consistent with applicable laws. We do not sell sensitive personal information or process sensitive personal information for targeted advertising purposes. Furthermore, we do not sell non-sensitive personal information, though we do allow certain third party advertising networks and other third party businesses to collect certain non-sensitive personal information directly from your browser or device through cookies and related technologies for advertising, attribution, analytics and research purposes. Subject to certain exceptions, you may have the right to request access, correction, or deletion of your personal information or to opt-out of personal information sales or limit the processing of your sensitive personal information by submitting a request using the contact information above and as described in the “What rights do you have regarding your personal information?” section. You have the right not to be discriminated against if you choose to exercise those rights. To opt-out of the use or sharing of personal information for targeted advertising purposes or adjust your cookie preferences with regard to the collection of information for these purposes, please use the Cookie Preferences link found at the bottom of our Sites that use cookies or visit our website with a legally recognized global preferences signal such as the Global Privacy Control (GPC) enabled. Please note that this opt-out is specific to each browser or mobile device, so if you would like to change your preferences on multiple browsers or mobile devices you must perform the opt-out on each browser or device. You can also learn more about how you can manage cookies and tracking technologies in our Cookie Notice. California’s “Shine the Light” law (Civil Code Section §1798.83) provides certain rights to California residents that have an established business relationship with us with regard to the disclosure of certain types of personal information to third parties for their direct marketing purposes. We do not share your personal information with third parties for direct marketing purposes without consent.

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Additional Notice on Health Information:

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This additional notice applies to personal information relating to your health, including personal information defined as “consumer health data” and similar terms (collectively referred to as “Health Information”) under applicable laws, including but not limited to Washington State’s My Health My Data Act and Nevada’s similar statute (SB 370).

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What Health Information do we collect? How and why?

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We collect Health Information that you voluntarily provide to us and that is reasonably necessary for us to provide you with the products and services that you request. For example, when booking a spa service or stay, or if you otherwise share with us such data, we may collect certain, limited information about your preferences (including for an accessible room), health conditions, diagnosis, and treatments (including procedures and medications).

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Will Health Information be provided to third parties?

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We may share your Health Information, where permitted under applicable law with:

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agents, contractors or third party service providers of Four Seasons who provide services to Four Seasons or on our behalf, including as needed to better serve your needs as a Guest or Owner, or visitor to our Sites;

our professional advisors;

local or foreign regulators, governments, courts, health and safety authorities, law enforcement and relevant security authorities; and

others with your consent or at your direction.

Where an agent, contractor or third party service provider engaged by Hualalai Investors processes Health Information on our behalf, Hualalai Investors takes steps to contractually require those parties to protect your Health Information in a manner consistent with the principles articulated in this Privacy Notice.

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What are your rights with respect to your Health Information?

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You may have the right to: (1) access your Health Information, including a list of all third parties and affiliates with whom we may share Health Information; (2) withdraw your consent to our processing of your Health Information; and (3) request the deletion of your Health Information. You may also have other rights under the laws of your jurisdiction of residence, or as further described in the “What rights do you have regarding your personal information?” section. You can exercise your rights by submitting a request using the contact information above and as described in the “What rights do you have regarding your personal information?” section.

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Additional Appeal Rights Under Nevada and Washington Law

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If your request to exercise a right with respect to your Health Information is denied, under Washington’s My Health My Data Act or Nevada’s SB 370, if you are a resident of either state or your request relates to the processing of Health Information within those states, you may appeal that decision by contacting us at club.guest.hualalai@fourseasons.com. If your appeal is unsuccessful, you can raise a concern or lodge a complaint with, as appropriate, the Washington State Attorney General at www.atg.wa.gov/file-complaint or the Nevada State Attorney General at https://ag.nv.gov/Complaints/File_Complaint/.

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If you have any questions or concerns regarding this Privacy Notice or our handling of your personal information, please contact us as follows:

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via email at club.guest.hualalai@fourseasons.com

via letter at –

Hualalai Club

PO Box 5440

Kailua Kona, HI 96740