1. This Privacy Policy
1.1 This website www.detouru.com is owned and operated by TRIPNDESTINATIONS
PTY LTD, ACN 662 938 38 (TRIPNDESTINATIONS, we, us or our).
1.2 TRIPNDESTINATIONS respects the privacy of a
person accessing or using this Website (you or your).
This Privacy Policy (this Policy) sets outs out how we collect, use,
store and disclose your personal information (as defined in clause 11.1).
1.3 This Policy specifically addresses the
obligations of TRIPNDESTINATIONS in respect of the
laws of each of the State of New South Wales,
and the Commonwealth of Australia, and does not necessarily address
requirements of other laws. If you access or use this Website, then your access
or use:
(a) must be in compliance with the privacy law
of the country in which you are located; and
(b) constitutes your representation and warranty
in favor of TRIPNDESTINATIONS that the use of your personal information
complies with such applicable privacy law.
For example, if you are a resident in a
European Union country, then such privacy law may include the GDPR, and if you
are a resident of California, then such privacy law may include the California
Consumer Privacy Act of 2018. This applies in respect of other countries also.
1.4 By providing personal information to us,
you consent to our use of your personal information in accordance with this
Policy and any other arrangements that apply between us (including the other
Terms of Use).
1.5 We may change this Policy at any time and
from time to time by updating this Website and posting an updated effective
date. We encourage you to check this Website periodically to ensure that you
are aware of the current terms of this Policy. We may also notify you by other means
such as sending an email or posting a notice on our Home Page.
1.6 This Policy applies, among other things, to
your use of this Website. If you do not accept this Policy, do not access or
use this Website.
2. Links to other websites
2.1 This Website may contain links to websites
operated by third parties. Those links are provided for convenience and we are
not responsible for, and have no control over or rights in relation to, those
linked websites.
2.2 In particular, we are not responsible for
the privacy practices of, or any content on, those linked websites, which may
not remain current or be maintained. The privacy policies that apply to those
other websites may differ substantially from this Policy, so we encourage you to
read those policies before using those websites. Those third parties will or
may be responsible for informing you of their own privacy policies.
3. Information we may collect
3.1 We may collect the following types of
personal information about you:
• your name and billing, mailing and street
addresses, your email address and your telephone number and other contact
details and other forms of personal identification;
• your age or date of birth and gender;
• your credit card information, your passport,
visa and driver license details;
• your travel documentation, your travel
itinerary details, and accommodation and location details;
• your health and medical information, your
insurance details, your device ID, device type, geo-location information,
computer and connection information;
• statistics on page views, traffic to and from
the sites, advertising data, IP address and standard web log information;
• details of the products and services we have
provided to you or that you have enquired about, including any additional
information necessary to deliver those products and services and respond to
your enquiries;
• additional information relating to you that
you provide to us directly through this Website or app or indirectly through
your use of this Website or app or online presence or through other websites or
accounts from which you permit us to collect information;
• information you provide to us through
customer surveys; and
• other personal information that may be
required in order to facilitate our dealings with each other.
3.2 We may collect the personal information
referred to above either directly from you, or from third parties. We may
collect this information when you:
• register on this Website or app;
• complete registration or enquiry forms, order
any products or services from us, participate in message boards, blogs or any
other user generated content facilities or send emails to us;
• request, book and confirm services and
products (including in relation to travel and accommodation) from us or any of
our related companies, agents, suppliers, contractors or merchants;
• communicate with us or any TRIPNDESTINATIONS
Affiliate through correspondence, chats, email, or when you share information
with such persons from other social applications, services or websites; or
• interact with the sites, services, content
and advertising of us or any of our related companies, agents, suppliers,
contractors or merchants.
3.3 We may collect or ask you for personal
information and other information (for example, travel preferences) of other
persons (for example, your travel companions), to enable us to provide our
products and services. If you are providing this information, you must obtain the
consent of such persons before providing it to us, and you must ensure that
they have read and consent to this Policy. Your Member’s account with us will
allow you to view or change the personal information of any travel companions
as well as your own personal information (subject to the Terms of Use).
3.4 Where lawful and practicable, you have the
right to remain anonymous or to make use of a pseudonym. However, if you do, we
and our third party contractors and merchants may not be able to provide you
with access to some or all of our products or services (including travel products
and services).
3.5 If you do not wish us to collect or process
your personal information or that of the other persons referred to above, do
not submit it to us.
4. The purpose of collecting
information
4.1 We may collect, hold, process, use and
disclose your personal information for any of the following purposes:
• to enable you to access and use our services
and products or those of our related companies, agents, suppliers, contractors
and merchants;
• to operate, improve and optimize those
services and products, including for performing analytics, conducting research
and for advertising and marketing;
• to administer Competitions, rewards, surveys
or other promotional activities or events sponsored or managed by us or our
business partners;
• to send you service, support and
administrative messages, reminders, technical notices, updates, security
alerts, and information;
• to allow you to view, update or correct any
information held by us, including on behalf of other persons (such as
travelling companions);
• to send you marketing and promotional
messages and other information, including information sent by our business
partners;
• to request, book and confirm services and
products;
• to comply with our legal obligations, resolve
any disputes that we may have with any of our users, and enforce our agreements
with third parties;
• to improve and develop our business;
• to personalize your visits to this Website;
• to inform you about the latest changes to
this Website, products, services or promotional offers;
• to communicate (and personalize
communications) with you;
• to enable you to share our content with
others; or
• to carry out technical and statistical
analysis to measure the performance of our services and this Website.
4.2 We may also disclose your personal
information to a third party who also holds other information about you,
provided that:
(a) the purpose of doing so is to combine that
information in order to enable that third party and us to develop anonymized
consumer insights so that we can better understand your preferences and
interests, personalize your experience and enhance the products and services
that you receive; and
(b) such third party has a legal or contractual
obligation to deal with such personal information in accordance with the
privacy law of the third party’s jurisdiction.
5. The use and sharing of your
information
5.1 We and our related companies, agents,
suppliers, contractors and merchants may send you direct marketing
communications and information about our services and products (including in
relation to travel). This may take the form of emails, text messages, mail or other
forms of communication. You may opt-out of receiving marketing materials from
us by contacting us by using the opt-out or “unsubscribe” link.
5.2 We may disclose personal information for
the purposes described in this Policy to:
• our employees, related companies, agents and
contractors;
• our third party suppliers, merchants and
service providers (including providers for the operation of this Websites or
our business or in connection with providing our products and services to you);
• professional advisers, dealers and agents;
• payment systems operators (for example,
merchants receiving card payments);
• our existing or potential agents, business
partners or partners;
• our sponsors or promoters of any competition
that we conduct;
• anyone to whom our assets or businesses (or
any part of them) are transferred, or in negotiation for such transfer,
provided that such disclosure is subject to confidentiality restrictions
equivalent to those of this Policy;
• specific third parties authorized by you to
receive information held by us; and
• other persons, including government agencies,
regulatory bodies and law
enforcement agencies, or as required,
authorized or permitted by law.
5.3 We may share information about you with
suppliers that we engage to help us provide certain services or functionality
(for example, online payment processers) or our business partners. We will use
commercially reasonable endeavors to take steps to control the use of your
personal information by such suppliers.
5.4 We will cease using your personal
information in any of the following circumstances:
(a) where you have previously given your
consent to the processing of your information for a particular purpose (such as
marketing), you withdraw consent for that purpose by “opting out” by using the
Unsubscribe link ; and
(b) where we are informed or we discover that
the continued use of your personal information is not permitted by privacy law
in any jurisdiction (for example, the GDPR) which is applicable to your
personal information.
5.5 Clause 5.4 does not apply:
(a) where use is required in order to fulfil
your travel and accommodation arrangements under our Travel Terms and
Conditions or otherwise in connection with the Terms of Use;
(b) where use is required in order to comply
with a legal or contractual requirement in any jurisdiction; or
(c) to storing a copy of the personal
information for backup or security purposes.
6. Disclosure of personal
information outside Samoa
6.1 Depending on your location, using your
information may involve transferring and storing it to or in a country other
than your own. We may disclose personal information outside each of the State
of New South Wales and the Commonwealth of Australia, to related companies, employees,
agents, contractors or merchants, third party suppliers and information technology
and cloud services providers, whether such persons are located in other than
the State of New South Wales and the Commonwealth of Australia, including:
(a) Africa, the Americas, Asia, Australia,
Europe, the Middle East, New Zealand and Oceania; and
(b) any nominated country in respect of which
you make a booking or travel arrangement under our Travel Terms and Conditions.
6.2 When you provide your personal information
to us, you consent to the disclosure of your information outside each of the
State of New South Wales and the Commonwealth of Australia, and acknowledge
that we are not required to ensure that overseas recipients handle that
personal information in compliance with the privacy law of the State of New South
Wales, and the Commonwealth of Australia. However, we will take reasonable
steps to ensure that any overseas recipient has a legal or contractual
obligation to deal with such personal information in accordance with the
privacy law of the recipient’s jurisdiction.
7. Restrictions on collection of
information
7.1 Some personal information (for example,
race, ethnicity and health information) is sensitive and may require a higher
level of protection under privacy law. We will not generally collect sensitive
information from you which we consider is not needed for the provision of products
or services as described in this Website. In such a case, we will collect such sensitive
information only when we have your express consent for us to do so (for
example, where specific travel or entry restrictions or requirements apply) or
where the information is required or authorized by law or necessary to make or
defend a legal claim.
7.2 We do not knowingly collect personal
information from persons under the age of 18, except in connection with travel
or accommodation arrangements made by a travelling companion of or over the age
of 18 years. If you are under the age of 18, you are not permitted to submit
any personal information through or using this Website. We encourage parents
and legal guardians to monitor their children’s Internet usage and to help
enforce this Policy by instructing their children never to provide personal
information through or using this Website without their parents’ or guardian’s
permission. If you have reason to believe that a person under the age of 18 has
provided personal information to us through or using this Website, please
contact us at [email protected]
8. When and how information is
collected, and “cookies”
8.1 We may collect personal information about
you when you use and access this Website; for example, when you subscribe for
Membership. We may also collect information about you automatically when you
visit this Website. Although we do not use browsing information to identify you
personally, we may record certain information about your use of this Website, such
as which pages you visit, the time and date of your visit and the internet
protocol address assigned to your computer.
8.2 We may also use “cookies” or other similar
tracking technologies on this Website that help us track your usage of this
Website and remember your preferences. (Cookies are small files that store
information on your computer, television, mobile phone or other device, which enable
the entity that put the cookie on your device to recognize you across different
websites, services, devices or browsing sessions.) You can disable cookies
through your internet browser, but this Websites may not work as intended for
you if you do so. If you choose not to receive our cookies, we cannot guarantee
that your experience with this Website will be as quick or responsive.
8.3 The information collected by cookies [and
web beacons] is not personally identifiable, it includes general information
about your computer settings, your connection to the internet, for example, the
operating system and platform, IP address, your browsing patterns and timings
of browsing on this Website and geographical location.
8.4 We may also use cookies to enable us to
collect data that may include personal information; for example, where a cookie
is linked to your account. In such a case, we will handle personal information
collected by cookies in the same manner as other personal information under
this Policy.
9. Security of your information
9.1 We may hold your personal information in
either electronic or hard copy form. We will use reasonable commercial
endeavors to take reasonable and appropriate steps to have appropriate
physical, technical and administrative procedures in place to help protect your
personal information from unauthorized access, use or disclosure as required by
law in each of the State of New South Wales and the Commonwealth of Australia.
However, you acknowledge that:
(a) the internet is not a secure environment,
and we cannot guarantee the security, integrity and privacy of your personal
information;
(b) if you use the internet to send us any
information, including your email address, it is sent at your own risk; and
(c) your information and data may be viewed or
interfered with in transit by a third party, despite best efforts.
9.2 You further acknowledge that, if we become
aware that the security of this Website has been compromised or that users’
personal information has been disclosed to third-parties as a result of
unauthorized external activity (including security attacks or fraud), we may
take reasonably appropriate measures (including investigation and reporting,
and notification to and co-operation with law enforcement authorities). In such
an event, and if we believe that there is a reasonable risk of harm to you as a
result, or if notice is required by law, we will make reasonable efforts to
notify you by email, text message or by posting a notice on this Website.
10. Accessing or correcting your
information, and complaints
10.1 You can access most personal information
we hold about you by contacting us using the information below. We may not be
able to provide you with access to all of your personal information, including
where the information:
• would have an unreasonable impact on the
privacy of another person;
• would reveal a commercially sensitive
decision-making process; or
• may not by law be disclosed, or where access
would prejudice certain procedures.
If we decline access, we will tell you why. We
may also need to verify your identity when you request your personal
information.
10.2 If you think that any personal information
we hold about you is inaccurate or out-of-date, please contact us and we will
take reasonable steps to ensure that it is corrected.
10.3 If you think we have breached this Policy
or any privacy law, or you wish to make a complaint about the way we have
handled your personal information, you can contact us at [email protected].
Please include your name, email address and telephone number and clearly
describe your complaint. We will acknowledge your complaint and respond to you
regarding your complaint within a reasonable period of time in accordance with
our Complaints Policy. If you think that we have failed to resolve the
complaint satisfactorily, we will provide you with information about the
further steps you can take.
11. Governing Law and jurisdiction
11.1 This Privacy Policy is to be construed and
interpreted in accordance with and is governed by the law of New South Wales,
Australia. You agree to submit to the non-exclusive jurisdiction of the courts
of New South Wales in relation to any matter arising under or in relation to
the meaning or application of this Privacy Policy.
12. Interpretation
12.1 In this Policy, except where the context
otherwise indicates:
(a) GDPR means the General Data
Protection Regulation (EU) 2016/679;
(b) Member has the same meaning
as in our Membership Conditions;
(c) personal information includes
information or an opinion about an individual that is reasonably identifiable;
for example, name, age, gender, postcode and contact details, and may also
include financial information, including credit card information, and
information regarding health, medications and medical treatment;
(d) privacy law means the privacy
or data protection laws of the State of New South Wales and the Commonwealth of
Australia and, where the context admits, equivalent privacy or data protection
laws of any other country to which this Policy applies in a particular case;
(e) related company has the same
meaning as in the Corporations Act, 2001 of Australia;
(f) Terms of Use has the same
meaning as in the General Terms;
(g) we, us or our
means TRIPNDESTINATIONS;
(h) TRIPNDESTINATIONS means
TRIPNDESTINATIONS PTY LTD, ACN 662 938 338, incorporated in the State of New
South Wales, Australia. and, where the context admits, its related companies;
(i) use, in relation to
information, includes the collection, processing, storing, sharing, disclosure
or other use;
(j) you or your
means the or a person who accesses or uses this Website; and
(k) other terms or expressions, and principles
of interpretation, have the same respective meanings as in the General Terms of
Use of this Website.
12.2 In this Policy, headings are to be ignored
in its interpretation.
13. Contacting us
13.1 For further information about this Policy
or our privacy practices, or to access or correct your personal information, or
to make a complaint, please contact us using the details set out below:
[email protected]
13.2 For any feedback or questions regarding
this Policy, please contact us on our online at [email protected].
Effective
date: Ist September 2023.