Mountain Creek Resort: Critical Legal Risks in Privacy Policy Exposed | Erayaha

When Data Protection Gaps Can Cost Millions: Mountain Creek Resort’s Privacy Policy Under the Microscope

Imagine a scenario where a single data breach exposes thousands of customer records—triggering GDPR fines of up to €20 million or 4% of annual revenue. Our analysis of Mountain Creek Resort’s Privacy Policy reveals several critical legal and logical risks that could expose the company to significant regulatory penalties, litigation costs, and reputational harm.

1. Ambiguous Data Breach Notification Procedures

Mountain Creek’s current breach policy lacks specific timelines for notifying affected individuals and regulators, a requirement under both GDPR (Art. 33-34) and many U.S. state laws. This ambiguity could result in delayed notifications, risking regulatory fines and class-action lawsuits.

Legal Analysis

critical Risk

Removed

Added

Mountain Creek’s policy for any data breach is as follows: 1.) We shall determineIn the timeevent of a data breach involving personal information, what data was breachedMountain Creek shall notify affected individuals and the severityrelevant regulatory authorities without undue delay and, where feasible, within 72 hours of becoming aware of the data breach; 2, in accordance with GDPR Article 33 and applicable U.)WeS. state laws. The notification shall call an emergency meeting includinginclude the Data Protection Officer and other relevant departments to discuss the necessary coursenature of action; 3.) We shall determine how the breach, categories and approximate number of data was compromisedsubjects affected, likely consequences, and take any and all necessary stepsmeasures taken or proposed to correct; We shall discussaddress the breach and the corrective steps taken directly with any third parties and any individuals, as needed.

Legal Explanation

The original clause lacks a specific notification timeline and required content, which are mandated by GDPR and many U.S. state laws. The revision clarifies obligations, reducing regulatory risk and improving enforceability.

2. Incomplete Definition and Limitation of Data Sharing with Third Parties

The policy permits sharing personal data with a broad range of third parties, including affiliates and service providers, without specifying contractual safeguards or data minimization principles. This exposes Mountain Creek to potential liability if third parties mishandle data, violating GDPR Art. 28 and CCPA requirements.

Legal Analysis

high Risk

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Added

Mountain Creek may disclose an individual’s personal information to a person who in the reasonable judgment of Mountain Creek is seeking the information as an agent of the individual; a company or individual employed by Mountain Creekthird parties only pursuant to perform functions on its behalf, such as but not limitedwritten agreements requiring those parties to research or data processing; another company or individual for the development, enhancement, marketing or provision of any of Mountain Creek’s productsimplement appropriate technical and services; an agent used by Mountain Creekorganizational measures to collectprotect the individual’s account; a public authority or agent of a public authoritydata, if in the reasonable judgment of Mountain Creek it appears that there is imminent dangerlimit use to life or property which couldspecified purposes, and comply with applicable data protection laws (including GDPR Art. 28 and CCPA). Data sharing will be avoided or minimized by disclosure of the information; another entity as part of a mergerto what is strictly necessary, a saleand regular audits of assets or all or part of a business, or any other corporate change or re-organization; a third-party or parties, where the individual consents to such disclosure or disclosure is required or permitted by lawcompliance will be conducted.

Legal Explanation

The original clause allows overly broad data sharing without specifying contractual safeguards or data minimization, increasing liability if third parties mishandle data. The revision ensures compliance and reduces risk.

3. Unclear Opt-Out and Data Deletion Mechanisms

While the policy references opt-out and "right to be forgotten" rights, it does not clarify exceptions (e.g., legal retention obligations) or provide a verifiable, user-friendly process. This could lead to non-compliance with CCPA and GDPR, resulting in fines or forced data processing suspensions.

Legal Analysis

high Risk

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Added

You have the right to “opt-out” of our collection of personal data at any time. Should you desire to so, please contact us at yourprivacy@mountaincreek.com to ensure that we do not continue to collectcollection and store your personal information. You also have the right to access your personal information. Should you wish to access your personal data which we have stored, please contact us at the provided contact information and we will respond to your request within seven (7) business days. You have the right to be forgotten within Mountain Creek’s personal information storage system. If you request to be forgotten, the Company will erase allerasure of your personal data which it currently has. Moving forward, you will needsubject to expressly consent to the collection of information again if you wish to do so in the futurelegal or contractual retention requirements. Please note that if you request toRequests will be forgottenprocessed through a verifiable, your personal needsuser-friendly mechanism, and preferences will disappear from Mountain Creek’s records in the future, and the website will not be tailored to best suit your needs. Should you wish to be “forgotten”, please contact us at the provided contact information and we will respond to your requestconfirm completion or explain any lawful exceptions within fourteenthe statutory timeframe required by GDPR (14one month) businessor CCPA (45 days).

Legal Explanation

The original clause does not clarify exceptions to deletion (e.g., legal retention), lacks a verifiable process, and does not reference statutory timelines. The revision ensures regulatory compliance and user clarity.

4. Overly Broad Consent Requirements

The policy allows Mountain Creek to require consent for data collection as a condition of service, even when not strictly necessary. This practice is prohibited under GDPR (Art. 7(4)), and could invalidate consent, exposing the company to regulatory action and contractual disputes.

Legal Analysis

medium Risk

Removed

Added

Mountain Creek will not require individuals to consent to the collection, use, or disclosure of personal information as a condition of the supply ofreceiving a product or service only if such collection, use or disclosureexcept where such processing is reasonably required to fulfillstrictly necessary for the identified purposesperformance of the contract or required by law, in accordance with GDPR Article 7(4).

Legal Explanation

The original clause permits bundled consent, which is prohibited under GDPR unless strictly necessary. The revision aligns with regulatory requirements, reducing risk of invalid consent and enforcement action.

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Conclusion: Proactive Legal Safeguards Are Essential

Our examination shows that addressing these four issues could dramatically reduce Mountain Creek Resort’s exposure to regulatory fines, litigation, and reputational damage. Proactive legal review and precise contractual language are essential for robust compliance and customer trust.

**Are your company’s privacy terms bulletproof against evolving regulations? What would a single data breach cost your business in fines and lost trust? How often do you audit your legal documents for enforceability?**

*This analysis is for educational purposes only and does not constitute legal advice. For actual legal guidance, consult with a licensed attorney. This assessment is based on publicly available information and professional legal analysis. See erayaha.ai’s terms of service for liability limitations.*