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Privacy policy

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.