Privacy Policies

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Journeyer LLC owns and operates an online platform that provides users with information, recommendations, and services related to travel and leisure, including tools for researching and/or booking hotels, rentals, and other accommodations, attractions, and experiences, restaurants, flights, and cruises, among other leisure-related services. In this Privacy Policy Statement (this “Statement”), we refer to these as our “Services”.

The information that you and others entrust us with enhances our ability to provide more relevant, personalized and helpful Services. We know that sharing your information with us is based on trust. We take your trust in us seriously and are committed to providing you helpful information, products and services, curated based on the information you have shared with us. Equally, and perhaps more importantly, we are committed to respecting your privacy when you visit our website or use our Services and being transparent about how we use the information you have entrusted to us.

This Statement describes how we obtain, use, and process your information. It informs you of the rights you have, how you can exercise them and how you can contact us. Please review this Statement carefully to learn about our practices with respect to information and privacy. By visiting our websites and related mobile applications, as well as other online platforms such as our affiliated partners’ websites, apps and social media, whether on a computer, phone, tablet, or similar device (each of these is referred to as a “Device”), you acknowledge and confirm that you have read this Statement.

Notice at Collection of Personal Information

We collect personal information from and about you as detailed in this Notice at Collection of Personal Information (“Notice”) and in the Statement.

1.  What categories of personal information do we collect and why?

Biographical information & identifiers: This may include your name; phone number, postal, billing, and email address; other information about yourself that you have voluntarily disclosed; unique personal identifier; online identifier; IP address; account username and password; and other similar identifiers.

Personal information categories listed in the California customer records statute: This may include your billing and payment card information and certain information that you provide to support your travel and planning, such as a driver’s license number, passport number or trip insurance policy number.

Characteristics of Protected Classifications under Applicable Law: This may include your age range, gender, and any other information about yourself that you have voluntarily disclosed. We may also collect race, ethnicity, sexual orientation, or religion where you voluntarily disclose it to us, including, for example, in the context of diversity and inclusivity disclosures you choose to make.

Commercial Information: This may include information related to products or services that you have purchased or obtained, including details of your membership with Been There, purchasing and booking history, information about your travel, experience and dining plans and preferences, and any other information about your travel plans that you have voluntarily disclosed.

Internet or other Electronic Network Activity Information: This may include information related to your browsing history (including pages you have visited, content reviewed, and apps reviewed), search history, and access to and use of our Services (including automatic collection of information as described in more detail in this Statement).

Precise Geolocation Data: This may include the location of your Device when you have agreed to share your location information via privacy settings on your Device or, for example, if you have uploaded photos tagged with location information.

Visual and Audio Information: This may include photos, reviews, forum and social posts, and videos that you may provide to us. In addition, we collect communications when you contact our customer service team, including inbound and outbound calls.

Inferences Drawn from the Above: We may generate inferences based on the above categories of personal information.

Sensitive Personal Information: The following categories are considered “sensitive personal information” under certain privacy laws: precise geolocation data, race, ethnicity, sexual orientation, religion, driver’s license number, or passport number. To the extent that we use or disclose any “sensitive personal information” or “sensitive data”, as those terms are defined in applicable privacy laws, we do not use or disclose the sensitive personal information for the purpose of inferring characteristics about you or for any purpose other than limited permissible purposes, such as providing our Services and verifying, maintaining the quality of, and improving our Services.

We collect and use each category of personal information for the following business and commercial purposes described in more detail in Section 2 of the Statement: registration, membership and other contracts, to improve our Services, personalization and customization, communication, and legal compliance.

We will retain copies of your information for as long as you maintain your account or as necessary in connection with the purposes set out in the Statement, unless applicable law requires a longer retention period. In addition, we may retain your information for the duration of any period necessary to establish, exercise, or defend any legal rights.

2.  What categories of personal information do we “sell” or “share” to third parties?

The terms “sell” and “share” are broadly defined in certain U.S. privacy laws. We may “sell” or “share” the following categories of personal information to business partners, social media websites, advertising networks, data aggregators, and other third parties identified in Section 3 of this Statement for purposes of delivering interest-based advertising, analyzing use of our websites and apps, and enhancing user engagement on our websites and apps and on social media: biographical information/identifiers, Internet or other electronic network activity information, commercial information, and inferences drawn from the above. We do not knowingly sell or share personal information of individuals under the age of 16.

Information Collected and Processed

When you access or use our Services, we collect and process information from and about you to provide the Services in a more personalized and relevant way. Some information we collect passively, for example, with our servers or with cookies or other similar tracking technologies. Some information we collect from different sources, including from you, affiliated entities, business partners, and other independent third-party sources. When you use our Services by “clicking-through” from a third-party website or when you visit third-party websites via our Services, those third-party websites may share information with us about your use of their service. Any information that we receive from third-party websites may be combined with the information provided by you.

Information processed may include the following:

• Contact information, including name, phone number, and postal and email addresses (both hashed and unhashed)
• Billing and other payment information (such as your bank account information, credit card number, cardholder name, expiration date, authentication code and billing address)
• Documentation to support travel and planning
• Username and password
• Details relating to your membership with BeenThere
• Photos, reviews, forum and social posts, and videos you may have provided to us
• Geolocation information
• Device information, such as when you accessed our Services and information about the Device used (for example, IP address, software or internet browser used, preferred languages, unique Device identifiers, and advertising identifiers)
• Online activity, including pages you have visited, content reviewed, and apps reviewed
• Other information about yourself that you have voluntarily disclosed
• Purchasing and booking history
• Information about your travel, experience and dining plans and preferences
• Communications when you contact our team
• Information that you have provided to other third party companies for the purposes of logging in to social media. This includes publicly available information, such as name, age-range as well as email addresses.

We may also collect – in instances where you have provided it – information about other travelers or guests, including their email address and other travel, dining or experience-related information. If you are sharing information with us about other individuals, you must obtain their consent and ensure that they have understood and accepted how we will use their personal information (as described in this Statement).

In addition to the categories noted above, we may also collect certain location information if you have instructed your Device to send such information via the privacy settings on that Device, or, for example, if you have uploaded photos tagged with location information.

Information Uses and Purposes

To the extent possible, we want to provide you with relevant content and a tailored experience when you use our Services, and we use information about you to do that, including in the following ways:

Registration, membership, and other contracts

• Been There Travel uses SMS services strictly for One Time Passwords (OTP). You will only receive SMS messages when you have requested an OTP. No additional messages will be sent other than the OTP that was requested. Been There Travel does not gather any data using SMS messages. Standard message and data rates may apply.
• Register and manage your account, including to allow you access to and use of our Services
• Facilitate your bookings
• Process payments or credits
• Offer you promotional programs that may include competitions, gift cards, rewards, cash back, and discounts
• Improve our Services
• Use your information for analytical purposes and to enable us to improve our Services
• Provide you with a tailored/optimized experience by grouping users based on, for example, usage, interests and demographics
• Send you survey, market research invitations, or panel interviews for analytics purposes

Personalization and customization

• Notify you about special offers and products or services available from us, our affiliates, or our partners that may be of interest to you
• Tailor your experience, including by making inferences about your interests and preferences based on your activity and customize the ads shown to you both on and off our website

Communication

• Communicate with you or facilitate communication between you and our partners and/or affiliates
• Conduct, monitor and record your calls or interactions with us; for example, your communications with our customer service or sales teams, or through our use of pixels and similar technologies to monitor how you interact with our emails to you, such as whether you open or click on content in our emails
• Host your reviews, forum posts, photos, videos, and other content
• Respond to your questions and comments

Legal Compliance

• Resolve disputes or troubleshoot problems
• Prevent fraud and other potentially prohibited or unlawful activities
• Comply with relevant laws, respond to legal requests, prevent harm, and protect our rights
• Provide payment services, including to detect and prevent money laundering, fraud and security incidents, to comply with legal obligations, and to enforce any applicable terms of service

Please note, if we use automated decision-making to process your personal information, we will implement appropriate measures required to safeguard your rights and freedoms including your right to obtain human intervention.

Information Sharing

In order to provide some of our Services and processing activities, we use service providers and may need to make available each category of information that we collect to these service providers, and certain other third parties, in the following circumstances:

• Suppliers. We may share information with certain suppliers used to facilitate our Services, including where relevant to help with transactions.
• Business Partners. We may share information about you, your Devices and your use of our Services with our trusted business partners. For example, we may share information so that we can facilitate payment for products or services you may purchase on the websites of our partners. This sharing is generally pursuant to written agreements which include confidentiality, privacy, and security obligations; please note, however, that we do not control the privacy practices of these third-party business partners.
• Social Media Websites. When you use our Services and elect to share information with third-party social media websites, the information you share will be governed by the privacy policies of those social media websites and the privacy settings you have set with those social media websites.
• Fraud Detection Companies. Third parties may assist us by providing us with their fraud detection technologies.
• Trusted third parties. Third parties may also assist us in collecting information by, for example, operating features of our website or facilitating the delivery of online advertising tailored to your interests. We may share audience segments and other information, such as hashed email addresses, with third parties that use that information for tailored advertising to you. Other third parties may also provide us with their content and contract generation, management, and hosting tools. Third parties may only collect or access information as needed to perform their permitted functions. If and to the extent these third parties only assist us to perform our processing operations, we have bound them contractually to only act on our behalf as so-called data processors.

Certain Device operating system versions permit you to opt out of certain types of information sharing. You can change the privacy settings of your Device at any time in order to turn off the functionality that collects and shares location information. Please check your Device settings if you want to limit such tracking. However, turning off location-sharing may affect certain features that we offer. If you have any questions about the privacy settings of your Device, we suggest you contact the manufacturer of your Device or your mobile service provider for help.

We also may share your information if we believe, in our sole discretion, that such disclosure is necessary:

• To comply with legitimate and enforceable subpoenas, court orders, or other legal process; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we reserve the right to raise or waive any legal objection or right available to us.
• To investigate, prevent, or take action regarding illegal or suspected illegal activities; to protect and defend the rights, property, or safety of BeenThere, our customers, or others; and in connection with our Terms of Use and other agreements.
• In connection with a corporate transaction, such as a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.

Certain disclosures may be considered “sales” or “shares” under applicable U.S. state privacy laws. Details on how to exercise your legal rights with respect to such “sales” or “shares” can be found below in Section 13.

Information Choices

You have options with respect to the processing and use of your information by us. You can access, update, and even close your account by visiting the “Settings” section on our app. In addition, you can do the following:

• Choose not to provide us with certain information, although it may be needed to take advantage of certain features offered on our websites.
• Prevent the collection of certain geolocation information (e.g. by switching off location services for our app in the settings of your phone), but note that turning off location sharing may affect certain features of our Services.
• Close your account directly from within your Profile. Note that if you close your account, we will deactivate your account and remove your profile information from active view. We may retain some information associated with your account (including past transactions) for internal purposes including backups, fraud prevention, dispute resolution, investigations, our own legitimate business interests, and legal compliance for the period necessary to fulfil the purposes outlined in this Statement.
• Unsubscribe from promotional messages, including emails with travel-related opportunities, in any such email we send.

Information on Children

Our Services are not intended for children, which we consider to be: (i) individuals that are 13 years of age or under, or the age of privacy consent in your jurisdiction; or (ii) when processing data on the basis of a contract, the age of legal capacity to enter into the agreement.

We will only collect or process information belonging to children under very limited circumstances. We might need to collect personal information belonging to children as part of our Service if, for example, the personal information is required as part of a travel-related reservation. We will only collect personal information belonging to children if it is provided by and with consent of a parent or guardian. If we become aware that we have processed the personal information of a child without the valid consent of a parent or guardian, we will delete the personal information.

Information Transfers

We offer our Services to users located in many different jurisdictions. If we transfer your information to other countries, we will use and protect that information as described in this Statement and in accordance with applicable law.

Information Security

We have implemented appropriate administrative, technical, and physical security procedures to help protect your information. We only authorize specific personnel to access personal information and they may do so only for permitted business functions. However, we cannot guarantee the security of information from unauthorized entry or use, hardware or software failure, or other circumstances outside of our control.

Information Deletion and Retention

We will retain copies of your information for as long as you maintain your account or as necessary in connection with the purposes set out in this Statement, unless applicable law requires a longer retention period. In addition, we may retain your information for the duration of any period necessary to establish, exercise, or defend any legal rights.

Information from Cookies

We want your access to our Services to be as easy, efficient, and useful as possible. To help us do this, we use cookies and similar technologies to improve your experience, to enhance website security, and to show you relevant advertising.

Cookies are small text files that are automatically placed on your Device when you visit almost any website. They are stored by your internet browser and contain basic information about your internet use. Your browser sends the information from these cookies back to a website every time you revisit it, so it can recognize your Device and improve your experience by, among other things, providing you with personalized content. We also use other tracking technologies, such as pixel, SDKs, or server logs, that have a similar functionality. We also use cookies and tracking technologies to remember your login details, so you don’t have to re-enter them repeatedly when you use our Services or to help us understand your preferences.

You can manage cookies through the settings of your internet browser. In the settings of your Internet browser, you can choose which cookies to accept and reject.

If you decline certain cookies, your access to some functionality and areas of our Services might be degraded or restricted.

Our use of any information we collect through cookies is subject to this Statement, which is linked on our website and app.

Information on Statement Changes 

We may update this Statement in the future. If we believe any changes are material, we will let you know by doing one or more of the following: sending you a communication about the changes, placing a notice on the website and/or posting an updated Statement on the website. We will note at the top of this Statement when it was most recently updated. We encourage you to check back from time to time to review the most current version and to periodically review this Statement for the latest information on our privacy practices.

Contact

If you have a data privacy request, such as a request to delete or access your data, please submit the details in the “Contact Us” page on the app.

Your U.S. State Privacy Rights

Depending on your U.S. state of residence, you may have certain rights in relation to your personal information that we collect, use, or disclose in accordance with this Statement, including:

·  Right to know. You may have the right to request that we disclose to you the categories and specific pieces of personal information that we have collected about you, the categories of sources from which we collected your personal information, our business or commercial purpose for collecting, selling, or sharing your personal information, the categories of personal information that we have disclosed for a business purpose, any categories of personal information about you that we have sold, and the categories of third parties with whom we have disclosed your personal information, if applicable. You may have the right to request your personal information in a portable format.

·  Deletion. You may request that we delete your personal information that we maintain about you, subject to certain exceptions. As described in more detail in our Statement, there are some reasons for which we will not be able to fully address your deletion request, such as if we need to complete a transaction for you, to detect and protect against fraudulent and illegal activity, to exercise our rights, or to comply with a legal obligation. You can also access, update, and remove your information by visiting the Profile and settings page on our app.

·  Correction. You can request that we correct inaccurate personal information that we maintain about you.

To take advantage of any of these rights, please contact us via the “Contact Us” page on our app. You may designate an authorized agent to make a request on your behalf. When submitting the request, please ensure the authorized agent is identified as an authorized agent. We may need to verify your identity or elements of the request to enable us to process your request. We will take reasonable steps to verify your identity when you submit a right to know, delete, or correct request; these verification steps will vary depending on the sensitivity of the personal information and whether you have an account with us. We may deny certain requests, or fulfil a request only in part, based on our legal rights and obligations. For example, we may retain personal information as permitted by law, such as for tax or other record keeping purposes, to maintain an active account, and to process transactions and facilitate customer requests. We value your privacy and will not discriminate against you in response to your exercise of privacy rights.

Depending on your U.S. state or residence, you may have the right to appeal a decision we have made in connection with your privacy rights request. To appeal a decision, please submit your request on the “Contact Us” page.

Notice of Financial Incentives

We may collect your personal information in connection with certain special offers, discounts, sweepstakes, contests, or other promotions (collectively, “promotions”) that we may make available to you. For example, we may collect your biographical information/identifiers (e.g. name, contact details, etc.), commercial information, internet or other electronic network activity information, characteristics of protected classifications under California or U.S Federal law, visual and audio information, or inferences drawn from the above. Because these promotions may involve the collection of personal information, they may be interpreted as a “financial incentive” under California law or a “bona fide loyalty program” under Colorado law. We use the personal information that we collect as described in the Notice and in Section 2 of the Statement, and we may sell, share, or disclose the personal information that we collect as described in the Notice and in Section 3 of the Statement.

When you sign up for a promotion, we will provide you with relevant terms that apply to your participation in the promotion. To stop receiving promotions by email, you may unsubscribe by clicking the “unsubscribe” button at the bottom of any email. If you decline to provide your personal information or ask us to delete your personal information, we may not be able to provide you with access to these promotions.

The value of any financial incentive or bona fide loyalty program we offer is reasonably related to the value of any personal information that you provide to us. We estimate the value of your personal information by considering, without limitation, the expenses we incur from collecting your personal information and/or providing the promotions to you, and/or the revenue generated through the promotions.