Effective December 1, 2019.
In general, the type of Personal Data we collect includes, but is not limited to:
We use this Personal Data to:
(i) add you to our e-mail lists;
(ii) register Users;
(iii) provide the Services you have requested;
(iv) register Tourers to provide Services through the Platform;
(v) allow you to communicate with Tourers through the text function of the Platform;
(vi) guard against potential fraud;
(vii) provide answers to your inquiries or questions; and
(viii) maintain regular communication with you as may be necessary to inform you about the Platform.
If you are a User of the Platform we collect your credit card information if you register to use
or purchase Services or a gift card. If you do make such purchases, our payment processing
partner will collect your payment information and process your payment. We do not store any
credit card information or share it with anyone other than our payment processor. If you are a
Professional we collect certain financial information from you to process payments for you after
and our Professional Terms & Conditions.
Non-Identifiable Data and Aggregated Personal Data
We or our service providers may also collect web surfing data related to your use of the Platform. Such information may include: your Internet Protocol (IP) address, browser type, and internet service provider (ISP); your operating system; which of our web pages you access and how frequently you access them; referral or exit pages; click stream data; and the dates and times that you visit the Site. This data may be collected using cookies, web beacons, page tags or similar tools. As with cookies, the web surfing information is anonymous, "click stream" transactional data that is not associated with any users as individuals.
Web surfing data and similar information may be aggregated for administrative purposes. We may, for example, use this aggregated information in the administration of the Platform to improve its usability and to evaluate the success of marketing and advertising campaigns, search engine optimization strategies, operation and effectiveness of pages on our website or our Platform, and other marketing activities. We also use it to help optimize the Platform based on the needs of our Users.
We may engage certain third-party ad network service providers to serve advertisements on our behalf across the Internet and to provide analytics services. These entities may utilize Cookies (including within the ads) to collect information from you such as your IP address, web browser, pages viewed, time spent on pages, how you use our Site, your purchases of Services through the Platform, any links you click on, and conversion information. This information may be used by us and others to, among other things, analyze and track data, determine the popularity of certain content or products, measure the effectiveness of ad campaigns, determine the proper amount of repeat views of a given ad, and deliver advertising and content targeted to your interests on our Platform (also known as “interest-based advertising”).
How and When Your Information Is Shared With Other Parties We will not disclose, rent or share your Personal Data with other parties, except as disclosed below.
We work with a number of trusted partners who may perform vital functions as part of our operations of the Platform. We do not share your Personal Data unless it is necessary to fulfill our responsibilities, including providing information or Services to you.
Additional Sharing of Information
We may engage third parties to help us carry out certain other internal functions such as account processing, payment processing, payment to our Tourers, User services, obtaining financial information from our Tourers or other data collection relevant to our business. For example, we use a third-party to process payments for our services. Personal Data is shared with these third parties only to the extent necessary for us to process the transactions you initiate or perform other specific services.
We may access certain Personal Data if you provide such information when communicate with Tourers through the text function of the Platform. We may share your Personal Data with law enforcement or other government agencies as required by law or for the purposes of limiting fraud. We reserve the right to disclose your Personal Data when we believe that disclosure is necessary to protect our rights or to comply with a judicial proceeding, court order or legal process. We further reserve the right to disclose any of your Personal Data that we believe, in good faith, appropriate or necessary to take precautions against liability, to investigate and defend against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the Site or our services, or to protect the rights, property or personal safety of us, our users, issuers, or others.
We may share or disclose information that we collect from you, including Personal Data, if we are acquired as a result of a transaction such as a merger, acquisition or asset sale or if our assets are acquired by a third party in the event we go out of business or enter bankruptcy. We will not share your Personal Data if such sharing is prohibited by applicable privacy and data protection law, including, without limitation, the EEA’s General Data Protection Regulation effective May 25, 2018.
From May 25, 2018, all processing of Personal Data of EEA Residents is performed by us in accordance with the General Data Protection Regulation (2016/679) of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons regarding the processing of Personal Data and on the free movement of such data (“GDPR”).
Under the GDPR, we are both the controller and a co-processor of the Personal Data of EEA Residents. Our purpose for collecting and processing Personal Data from EEA Residents who are Users of the Platform is to provide them with information regarding our Services and to assist them in using our Platform to engage Tourers. Our purpose for collecting and processing Personal Data from EEA Residents who are Tourers is to facilitate transactions between Users and Tourers. The legal basis for collecting Personal Data from Users is to facilitate their engagement of Tourers through the Platform. The legal basis for collecting Personal Data from Tourers is to allow Tourers to use the Platform to enter into transactions with Users. We also rely on your consent to obtain information about our Services through marketing publications. You may withdraw consent from receiving marketing and promotional communications by clicking the “Unsubscribe” link on the communication or contacting us at email@example.com. If EEA Residents who are Users or Tourers do not provide Personal Data to us or withdraw consent for processing such Personal Data, they will not be able to use the Platform for the purposes specified above.
EEA Residents may obtain information about the Personal Data that we hold about them by contacting us at firstname.lastname@example.org.
International Data Transfers
If you are resident outside the United States, including in the EEA, we transfer Personal Data provided to you for processing in the United States. Under the GDPR, we are considered a “controller” and a “co-processor” of the Personal Data of EEA Residents. By providing Personal Data to us for the purpose of using the Platform, Users and Tourers consent to the processing of such data in the United States. The transfer of your Personal Data to the United States is necessary for the performance of a contract between us and Users or Tourers, including allowing Users to engage Tourers and allowing Tourers to use the Platform to provide Services to Users.
Please note that the United States does not have data protection laws equivalent to those in the EEA and other jurisdictions.
Notifications and Communications from Our Website/Opt-Out Rights
Communications Regarding Our Services
We will send you email notifications and free newsletters from time to time. Some notifications are communications relating to us and our Services. You may “opt-out” from receiving such communications by following the “Unsubscribe” instructions provided in the e-mail.
Legal or Security Communications
If you engage Tourers, we may send you confirmations and updates as to such engagements and their status. Generally, you may not opt out of such emails.
Deleting Your Information
If you want us to delete your Personal Data and your account, please contact us at email@example.com with your request. We will take steps to delete your information as soon as we can, but some information may remain in archived/backup copies for our records or as otherwise required by law.
Personal Data Retention
Links to Other Sites
We take commercially reasonable steps to protect your Personal Data against unauthorized disclosure or loss. However, no data transmission over the Internet can be guaranteed to be
100% secure. Therefore, while we strive to protect user information we cannot ensure or warrant the security of any information you transmit to us or through the Platform. You engage in such transmissions at your risk.
If you believe your Personal Data is being improperly used by us or any third party, please immediately notify us via email at firstname.lastname@example.org.
Anyone Under 18
Our Platform is restricted to the use of adults over the age of majority in their place of residence. No portion of the Platform is directed to anyone under the age of 18. Consequently, we do not knowingly collect personal identifying information from any person we know is under the age of 18. In the event that we learn that we have collected personal information from a child under age 18 we will delete that information as quickly as possible. If you are a parent or guardian of a child under 18 years of age and you believe your child has provided us with Personal Information, please contact us at email@example.com.
Do Not Track
Although some browsers currently offer a “do not track (‘DNT’) option,” no common industry standard for DNT exists. We therefore do not currently commit to responding to browsers’ DNT signals.
Your California Privacy Rights
Under certain circumstances, California Civil Code Section 1798.83 states that, upon receipt of a request by a California customer, a business may be required to provide information regarding how that business has shared personal information of customers with third parties for direct marketing purposes. However, the foregoing does not apply to businesses like ours that do not disclose personal information to third parties for direct marketing purposes.
Your Rights and Obligations
We ask that you keep the Personal Data that you provide to us current and that you correct any information you have provided us by contacting us at firstname.lastname@example.org. You represent and warrant that all Personal Data you provide us is true and correct and relates to you and not to any other person.
If you are a resident of the EEA and wish to access or correct the Personal Data that we have about you or have any questions relating to the processing of your Personal Data, please contact us at email@example.com with the subject line “GDPR Data.”
If you use the Platform, you are responsible for maintaining the confidentiality of your account and for restricting access to your computer or device, and you agree to accept responsibility for all activities that occur under your account.