Terms of Use and Privacy Policy

Please read below for our Terms of Use and Privacy Policy.

Terms of Use

Last Updated: July 31, 2017

Acceptance of Terms

Please read these Terms of Use (the “Terms of Use”) before accessing or using this website (the “Site”). This Site is maintained, operated and offered by Travefy, Inc., and its affiliates and subsidiaries (collectively, “Company”), and is intended to allow you, the user, to gather travel information, determine the availability of travel-related goods and services, secure reservations, facilitate transactions with travel suppliers and other travelers, and to otherwise assist in the planning and execution of travel. You understand that a significant portion of Travefy's business is facilitating transactions with third parties, and your rights and obligations with respect to such third party transactions, along with Travefy's role therein, are addressed below in these Terms of Use. By clicking the “I ACCEPT” button or accessing or using the Site or any services offered or materials available thereon, you, the user, are agreeing to be bound by the terms and conditions set forth herein, as well as any changes made thereto that Company may publish from time to time. If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Site. Company may change the Terms of Use and other guidelines and rules posted on the Site from time to time at its sole discretion. Company will use reasonable efforts to notify you of any material changes to any of these Terms of Use, but your continued access or use of the Site constitutes your acceptance of the changes. Your access and use of the Site will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. Please regularly check the “Terms of Use” to view the then-current terms. If you breach any of the Terms of Use, your authorization to access or use this Site automatically terminates.

The Site

Company makes the Site and the Products, Materials and Services available for your access, download, purchase and/or use, as applicable, and solely in connection with your activities on the Site and further subject to these Terms of Use. Your rights in the Site, Products, Services and Materials are limited solely to those rights expressly granted to you herein. “Materials” means all information, data, documents (e.g. datasheets, technical information publications, product updates, customer service updates, etc.), communications, downloads, files, text, images, photographs, graphics, videos, webcasts, publications, content, tools, resources, software, code, advertising materials, promotional materials, contest materials, pricing information and programs made available or enabled via the Site by Company. “Services” means all services and resources offered, made available or enabled via the Site by Company, or third party service providers featured on the Site, including any software and software-as-a-service made available on the Site. “Products” means all products and goods offered, made available, advertised, sold or enabled via the Site by Company, or third party product providers featured on the Site. Company hereby grants to you a limited, revocable, non-exclusive right and license to access the Site, Materials and Services made available on the Site, along with any other content and services made available thereon, solely for (a) your personal use in connection with your travel needs, or (b) any other purpose clearly stated on the Site or in these Terms of Use, all in accordance with these Terms of Use or as otherwise authorized by Company in writing.

Quality, Accuracy and Completeness

Company attempts to ensure that the Products, Materials, Services and other information featured on this Site are complete, accurate and current. Despite these efforts, the Products, Materials, Services and other information contained on this Site may occasionally be inaccurate, incomplete or out of date. Company makes no representations as to the completeness or accuracy of the Products, Materials, Services and other information, advice or recommendations made available on this Site, nor does it make any representations or warranties as to the quality or safety of any Products, Services, Materials or third party products or services offered or made available via the Site.

Consent to Email and Mobile Communications

The Site may contain Services and features that are available to certain mobile phones or devices. Your carrier's normal rates and fees apply. If Company charges you for a mobile Service, you will first be notified and asked to accept any charges. Not all mobile Services will work with all carriers or devices. You should check the rates and services offered by your carrier. By using Company's mobile Services, you agree that we may communicate with you by electronic means to your mobile device and that certain information about your use of these Services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don't send your messages to a different person.

Products, Services and Special Offers

Offers and promotions posted on this Site, or those sent to customers by email or text message, are good only for the dates indicated. Offers, promotions, Products, Services, contests, sweepstakes offered on this Site may not be available in every store or location in which Company products are offered.

Services Specifications

All features, content, specifications and prices of Products and Services described or depicted on this Site are subject to change without notice. The inclusion of any Product or Service on this Site at a particular time does not imply or warrant that such Product or Service will be available at any time.

Intellectual Property

Except as expressly provided herein, the Site, Products, Materials and Services, as well as their selection and arrangement, are protected by copyrights, trademarks, patents, trade secrets and other intellectual property and proprietary rights (collectively, “Intellectual Property Rights”), and any unauthorized use of the the same may violate such laws and the Terms of Use. Except as expressly provided herein, Company does not grant any express or implied right to use the Products, Materials and Services. You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site, Materials or Services, any portions of the Products, Site, Materials or Services or the selection and arrangement of the Products, Site, Materials or Services, except as expressly authorized herein. In addition, you agree not to use any data mining, robots or similar data gathering and extraction methods in connection with the Products, Site, Materials or Services, or to otherwise take any action that may infringe on the Intellectual Property Rights of Company.

The trademarks, service marks, logos and URLs (collectively, the “Marks”) displayed on this Site are the property of Company, its licensors or other third parties. You are not permitted to use the Marks without the prior written consent of Company, its licensors or such third party that may own the Marks.

Registration on the Site

You will be required to register for the Site in order to access certain Services or Materials, to purchase Products, to receive promotional communications or other advertising information, or to access certain content offered on the Site. If you are required to establish an account in connection with a particular Service or Material, you must complete the designated registration process for such Service or Material. All required registration information that you provide must be current, complete and accurate and kept up to date on a prompt, timely basis. It is your sole responsibility to keep your user name, password and other sensitive information confidential. If you become aware of any unauthorized use of your account or any other breach of security, you shall notify Company immediately. As part of the rights granted to you hereunder, you may invite friends to register for the Site, import your contacts and request that such contacts be contacted by Company for registration on the Site, or create accounts for your contacts to access the Site and certain features thereof. All such persons shall be considered users of the Site and subject to these Terms of Use.

This Site is intended solely for users who are 13 years of age or older and it is a violation of these Terms of Use for anyone under the age of 13 to register for the Site. You represent and warrant that you are 13 years old or older. Your account may be deleted without warning if you misrepresent your age, whether older or younger. If you are between 13 and 18 years old, you must obtain your parent/guardian's permission to register for the Site and post content thereto.

In order to be eligible to register, you must meet the following requirements:

Subscriptions/Orders of Products and Services

If you wish to purchase or subscribe to certain Products or Services made available via the Site (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. Each Transaction shall be subject to Company's then-current payment and purchase terms, which are clearly set forth on the Site or which will be clearly communicated to you by Company prior to the transaction, and may be revised from time to time by Company. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you acknowledge that it may be submitted to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf, and to otherwise handle such information in accordance with the Company Privacy Policy. Verification of information may be required prior to the acknowledgment or completion of any Transaction. You acknowledge that Company may facilitate certain transactions with third party vendors through your use of the Site or Service. Any purchase you ultimately make with such third party vendor will be between you and such vendor, and Company will have no liability, and you hereby release Company from all liability, with respect to such transaction. You represent and warrant that all payment information you use, including any credit card information, will be accurate and up to date. Travefy maintains the right to withhold any payment otherwise due to you and to set off such amount against any amount that you may owe or that is attributable to your use of inaccurate or fraudulent payment information, and you will remain responsible and liable for any collection costs Travefy incurs to collect such amounts from you.

It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item or service purchased from or subscribed to or made available via this Site. By subscribing to a particular Product or Service, you represent that such Product or Service ordered will be used only in a lawful manner. Company reserves the right, with or without prior notice, to do any one or more of the following: (i) discontinue any Product or Service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any Product or Service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.

Use of Site, Products, Materials and Services

You must adhere to all limitations on dissemination, usage and reproduction of any Materials that you download from the Site that are subject to such limitations. You agree to use the Site only to access, purchase, download, utilize or receive Products, Materials or the Services in an appropriate manner as related to the particular Products, Materials or Services being accessed or used by you. As some examples of improper activities when accessing or using the Site, Materials or Services, or ordering Products or Services, you agree that you shall not (except as otherwise expressly permitted herein):

Company, in its sole discretion, may (but has no obligation to) monitor or review the Site, Materials and Services at any time. Company may at any time without notice and in its sole discretion: (a) terminate a Service or your access to any Products or Materials or an area of the Site; and (b) disclose any information related to your use of or access to a Service, Product or Material, as Company deems necessary to comply with applicable law, regulation, legal process or governmental request. You agree to use extra care when disclosing any personally identifiable information about yourself or your company on the Site.

Travefy Professional

If you use Company's professional service (currently known as “Travefy Professional”), this section of these Terms applies to you. Travefy Professional may allow you to customize the Site, Products, and/or the Services using your own data or intellectual property or store data or intellectual property such as customer lists and content libraries on the Site, Products, and/or the Services as part of the Travefy Professional service (such data and intellectual property collectively referred to as “User Data”). You will remain the owner of any User Data and grant Company a non-exclusive, worldwide, royalty-free, and fully paid up license to host such User Data in order to provide Travefy Professional to you. Travefy Professional will be billed on a per-seat basis, and you acknowledge and agree that a seat is individually-named or identified user.

Contributions to the Site

Portions or features of the Site may allow you to contribute or otherwise provide content or other information to the Site. For such information, data, commentary, communications, downloads, files, text, images, graphics, videos, links, publications, content, tools, resources, programs and products that you post or submit to, or otherwise make available on, the Site (“User Submissions”), you grant Company and the users of the Site an unrestricted, irrevocable, non-exclusive, worldwide, royalty-free and fully paid up license under all Intellectual Property Rights to use, reproduce, publicly display, publicly perform, copy, edit, modify, translate, reformat, transmit and distribute such User Submissions, with or without having your name attached thereto, in any manner or form and for any lawful purpose, with full rights to sublicense such rights through multiple tiers of distribution. You acknowledge and agree that Company shall not be liable for any damages arising out of or related to your User Submissions. You represent and warrant that you own all right, title and interest in and to your User Submission that you post, or that you own or control, or have received the necessary licenses or other rights to, contribute such User Submissions to the Site. You agree not to disclose any Personal Information (as defined in Company's Privacy Policy) as part of a User Contribution. In particular, you represent and warrant that you are the copyright owner of any photographs you make available via the Site, or that you have all appropriate authority and permissions from the copyright holder of such photographs to permit their dissemination on the Site and to otherwise grant the rights addressed herein.

In certain instances, your User Submissions may include trip itinerary information, and Company may seek to use such information and provide access to such information to third parties. Before providing such information to any third party, Company will seek your permission.

You are solely and entirely responsible for all of your User Submissions. You shall assume all risks associated with any reliance on the accuracy, completeness or usefulness of your User Submissions from or by others. Company does not guarantee the accuracy, integrity or quality of the material you contribute or the material anyone else contributes as part of a User Submission. You acknowledge and agree that by accessing or using the Site, you may be exposed to material from others that you find objectionable. You acknowledge and agree that Company shall not be liable for any actions or inactions resulting from or related to any User Submission made on the Site.

Copyright Infringement Complaints

We respect the intellectual property rights of others and we prohibit users from posting on the Site any content that violates another party’s intellectual property rights. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides a complaint procedure for copyright owners who believe that website material infringes their rights under U.S. copyright law. If you believe that your work has been improperly copied and posted on the website, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/ her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the Site the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. These requirements must be followed to give Company legally sufficient notice of infringement. Send copyright infringement complaints to:

Travefy Incorporated

Attn: David Chait, CEO

Email: copyright@travefy.com

We suggest that you consult your legal advisor before filing a DMCA notice with Company's copyright agent. There can be penalties for false claims under the DMCA.

Use of Materials

Except as indicated to the contrary elsewhere on this Site, you may view, download, and print the Materials available on this Site, subject to the following conditions:

The rights specified above to view, download and print Materials available on this Site are not applicable to the design, layout or look and feel of this Site. Such elements are protected by law, including trade dress, trademark, copyright, unfair competition and other laws, and may not be copied or imitated in whole or in part. No Mark, graphic, sound, video or image from the Site may be copied or retransmitted unless expressly permitted by Company. In addition, various sections of the Site may showcase the work of creative professionals. Such Materials belong to their creators, may be protected by Intellectual Property Rights and are for display purposes only. Accordingly, you may not download or print these works unless there is a notice associated with the work expressly permitting such uses.

Further, Company acknowledges that some Materials may consist of User Submissions, and Company does not intend to, nor should these Terms of use be interpreted to, limit your rights in and to your own User Submissions, except with respect to those limited rights granted to Company as discussed above in the “Contributions to the Site” section.

Restriction and Termination of Use

Company may block, restrict, disable, suspend or terminate your access to all or part of the Site, Products, Services and Materials at any time in Company's sole discretion, without prior notice or liability to you.

Links to Third Party Sites

The Site, Services or Materials may include links that will take you to other sites outside of the Site (“Linked Sites”). The Linked Sites are provided by Company to you as a convenience and the inclusion of the links do not imply any endorsement by Company of any Linked Site. Company has no control of the Linked Sites and you therefore acknowledge and agree that Company is not responsible for the contents of any Linked Site, any link contained in a Linked Site or any changes or updates to a Linked Site, or any transactions that may occur on such Linked Sites or that you may enter into with respect to the owners of such Linked Sites. You further acknowledge and agree that Company is not responsible for any form of transmission (e.g. webcasting) received from any Linked Site.

Processing Funds

Payment processing services for Travefy Expense on Travefy are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or Travefy Expense on Travefy, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Travefy enabling payment processing services through Stripe, you agree to provide Travefy accurate and complete information about you and your business, and you authorize Travefy to share it and transaction information related to your use of the payment processing services provided by Stripe.

Warranties and Disclaimers

THE SITE, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED BY COMPANY “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, PERFORMANCE, SECURITY, INTEGRATION, QUIET ENJOYMENT, SATISFACTORY QUALITY, AND THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, COMPANY MAKES NO WARRANTY THAT (i) THE SITE, PRODUCTS, SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SITE, PRODUCTS, SERVICES OR MATERIALS WILL BE ACCURATE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, PRODUCTS, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF THE SITE, OR ANY PRODUCTS, MATERIALS OR SERVICES PURCHASED OR ACCESSIBLE BY YOU WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS OR DEFECTS IN THE SITE, PRODUCTS, SERVICES OR MATERIALS WILL BE CORRECTED.

THIS SITE, PRODUCTS, MATERIALS AND SERVICES MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. COMPANY MAY MAKE CHANGES TO THE SITE, PRODUCTS, MATERIALS AND SERVICES, AT ANY TIME IN ITS SOLE DISCRETION AND WITHOUT NOTICE. THE SITE, PRODUCTS, MATERIALS AND SERVICES MAY BE OUT OF DATE, AND COMPANY MAKES NO COMMITMENT TO UPDATE THE SITE, MATERIALS, PRODUCTS AND SERVICES.

YOU ACKNOWLEDGE AND AGREE THAT: (i) COMPANY DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY PRODUCTS, MATERIALS OR SERVICES OFFERED BY THIRD PARTIES; (ii) COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT ANY SUCH THIRD PARTIES, THEIR PRODUCTS, MATERIALS OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) COMPANY SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY PRODUCT, MATERIALS OR SERVICES OFFERED BY THIRD PARTIES.

COMPANY DISCLAIMS ANY AND ALL LIABILITY WITH RESPECT TO ANY DAMAGES, PERSONAL INJURY OR OTHER HARM THAT MAY BE CAUSED BY YOUR RELIANCE ON ANY ADVICE, SUGGESTIONS, RECOMMENDATIONS OR OTHER INFORMATION PROVIDED ON THE SITE.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.

Personal Information and Privacy

Company will use and protect your data, such as your name, address and credit card information, in accordance with the Company Website Privacy Policy, the contents of which are incorporated by reference into the Terms of Use.

Google User Data

Travefy users may have the option to import contact names and email addresses from their Google account in order to more quickly send trip invitations. Travefy does not store any Google related data with the exception of the name and email of invited users.

Limitation of Liability

IN NO EVENT SHALL COMPANY, ITS DIVISIONS, SUBSIDIARIES AND AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, SHAREHOLDERS, MEMBERS, MANAGERS, OWNERS AND AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND, OR ANY DAMAGES OR LOSSES WHATSOEVER, WHETHER OR NOT FORESEEABLE OR IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, AND ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH: (i) THE ACCESS, CONSUMPTION OR USE OF OR THE INABILITY TO ACCESS OR USE ANY PART OF THE SITE, PRODUCTS, SERVICES, OR MATERIALS; (ii) ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES; (iii) ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED; (iv) ANY PRODUCTS OR SERVICES AVAILABLE THAT ARE DELAYED OR INTERRUPTED; (v) ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE; (vi) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY LINKED SITE; OR (vii) YOUR RELIANCE UPON ANY MATERIAL, PRODUCT, SERVICE OR ANY CONTENT OR OTHER INFORMATION AVAILABLE ON THE SITE.

Advertisements and Promotions

Company may run advertisements and promotions from third parties via the Site related to certain Products, Services or Materials, in any manner or mode and to any extent. Your communications, activities, relationships and business dealings with any third parties advertising or promoting via the Site, Services or Materials, including payment and delivery of Products and related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely matters between you and such third parties. You acknowledge and agree that Company is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such non-Company advertisers on the Site or in connection with the Products, Services or Materials.

Indemnity and Liability

You agree to indemnify and hold Company, its divisions and affiliates, and their respective officers, directors, partners, employees, shareholders, members, managers, owners and agents harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (i) your access to, reliance on, use, purchase or, as applicable, consumption of the Site, Products, Services or Materials (including any use by your employees, contractors, customers, clients or agents and all uses of your account numbers, user names and passwords, whether or not actually or expressly authorized by you, in connection with the Site or any Products, Services or Materials); (ii) your connection to the Site, Products, Services or Materials; (iii) your violation of the Terms of Use or your breach of any representation or warranty made herein; (iv) your infringement of any third party's Intellectual Property Rights when using the Site, Products, Services or in any Materials; (v) your violation of any rights of any third party; (vi) your access to or use of Linked Sites and your connections thereto; (vii) any dealings between you and any third parties advertising or promoting via the Site, Products, Services or Materials; or (viii) Company's use of your User Submissions.

Governing Law and Jurisdiction

This Site (excluding Linked Sites) is controlled by Company from its offices within the State of Nebraska, United States of America. By accessing this Site, you agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Nebraska without regard to the conflicts of laws principles thereof. You also agree and hereby submit to the exclusive personal jurisdiction and venue of an appropriate state or federal court in Lancaster County, Nebraska, with respect to such matters.

General

The Terms of Use and other rules, guidelines and disclaimers posted via the Site, or in connection with the Products, Materials and Services, constitute the entire agreement between Company and you with respect to your access to or use of the Site, Products, Materials and Services, superseding any prior agreements between you and Company on such subject matter (including any prior versions of the Terms of Use). You may also be subject to additional terms and conditions that may apply when you use other Company products, services, third party content or third party software. You may not assign or otherwise transfer the Terms of Use nor any right granted hereunder without Company's prior written consent. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by Company to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect.




Privacy Policy

Last Updated: May 18, 2018

Introduction

Welcome to Travefy’s privacy policy.

Travefy respects your privacy and is committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you visit our website and tell you about your privacy rights and how the law protects you.

Data protection law in the European Union (the EU) has changed with the implementation of the General Data Protection Regulation (GDPR). GDPR applies to the processing of personal data of data subjects who are in the EU by a data controller or data processor not established in the EU, where the processing activities are related to: (a) the offering of goods or services, irrespective of whether a payment of the data subject is required, to such data subjects in the EU; or (b) the monitoring of their behavior as far as their behavior takes place within the Union.   

This policy is therefore designed to ensure Travefy is meeting its obligations under GDPR in relation to data subjects in the EU. Some of the rights described may not apply to individuals outside of the EU.

This privacy policy includes the below sections. Please also use the Glossary to understand the meaning of some of the terms used in this privacy policy.

  1. 1. IMPORTANT INFORMATION AND WHO WE ARE
  2. 2. THE DATA WE COLLECT ABOUT YOU
  3. 3. HOW YOUR PERSONAL DATA IS COLLECTED
  4. 4. HOW WE USE YOUR PERSONAL DATA
  5. 5. DISCLOSURES OF YOUR PERSONAL DATA
  6. 6. INTERNATIONAL TRANSFERS
  7. 7. DATA SECURITY
  8. 8. DATA RETENTION
  9. 9. YOUR LEGAL RIGHTS
  10. 10. GLOSSARY

1. Important information and who we are

Purpose of this privacy policy

This privacy policy aims to give you information on how Travefy collects and processes your personal data through your use of this website, including any data you may provide through this website when you sign up to our service or purchase a product.

This website is not intended for children and we do not knowingly collect data relating to children.

It is important that you read this privacy policy together with any other privacy policy or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements the other notices and is not intended to override them.

Controller                                                                    

Travefy, Inc. is the controller responsible for your personal data (collectively referred to as “Travefy”, “we”, “us” or “us” in this privacy policy).

Travefy is made up of different legal entities. This privacy policy is issued on behalf of the Travefy Group so when we mention “Travefy”, “we”, “us” or “us” in this privacy policy, we are referring to the relevant company in the Travefy Group responsible for processing your data. Travefy, Inc. is the controller responsible for this website.

We have appointed a data protection manager (“DPM”) who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact the DPM using the details set out below.

Contact details

Our full details are:

Full name of legal entity: Travefy, Inc.

Name or title of DPM: Chris Davis, Chief Technology Officer

Email address: chris@travefy.com

Postal address: Travefy, Inc., 151 N. 8th St, #300, Lincoln, NE 68508

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

If you live or work outside of the UK or you have a complaint concerning our activities outside of the UK, you may prefer to lodge a complaint with a different supervisory authority.

Changes to the privacy policy and your duty to inform us of changes

This version was last updated on May 18, 2018 and historic versions can be obtained by contacting us.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Third-party links

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.

2. The data we collect about you

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

If you choose to become a Travefy Pro Account Holder we may collect, use, store and transfer different kinds of personal data about you. Additionally, if you are the client of a Travefy Pro Account Holder who uses Travefy to build travel itineraries for you, that Travefy Pro Account Holder may add limited personal data about you to Travefy. We have grouped these different kinds of personal data together as follows:

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us, but we will notify you if this is the case at the time.

3. How is your personal data collected?

We use different methods to collect data from and about you are including through:

4. How we use your personal data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

See the Glossary to find out more about the types of lawful basis that we will rely on to process your personal data.

Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

Purposes for which we will use your personal data

We have set out below, in table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Purpose/Activity

Type of data

Lawful basis for processing including basis of legitimate interest

To register you as a new customer

(a) Identity

(b) Contact

Performance of a contract with you

To process and deliver your order including:

(a) Manage payments, fees and charges

(b) Collect and recover money owed to us

(a) Identity

(b) Contact

(c) Financial

(d) Transaction

(e) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to recover debts due to us)

To manage our relationship with you which will include:

(a) Notifying you about changes to our terms or privacy policy

(b) Asking you for feedback

(a) Identity

(b) Contact

(c) Profile

(d) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary to comply with a legal obligation

(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)

To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) 

(a) Identity

(b) Contact

(c) Technical

(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganization or group restructuring exercise)

(b) Necessary to comply with a legal obligation

To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you

(a) Identity

(b) Contact

(c) Profile

(d) Usage

(e) Marketing and Communications

(f) Technical

Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)

To use data analytics to improve our website, products/services, marketing, customer relationships and experiences

(a) Technical

(b) Usage

Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)

To make suggestions and recommendations to you about goods or services that may be of interest to you

(a) Identity

(b) Contact

(c) Technical

(d) Usage

(e) Profile

Necessary for our legitimate interests (to develop our products/services and grow our business)

Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

Promotional offers from us

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have requested information from us or purchased goods or services from us and, in each case, you have not opted out of receiving that marketing.

Third-party marketing

We will get your express opt-in consent before we share your personal data with any company outside the Travefy group of companies for marketing purposes.

Opting out

You can ask us or third parties to stop sending you marketing messages at any time by logging into the website and checking or unchecking relevant boxes to adjust your marketing preferences or by following the opt-out links on any marketing message sent to you.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase or other transaction.

Cookies

In order to improve our services and provide more convenient, relevant experiences to our customers, we and our agents may use “cookies,” “web beacons,” and similar devices to track your activities. A cookie is a small amount of data that is transferred to your browser by a web server and can only be read by the server that gave it to you. It functions as your identification card and enables us to record your passwords and preferences. It cannot be executed as code or deliver viruses. A web beacon is a small transparent .gif image that is embedded in an HTML page or email used to track when the page or email has been viewed. Most browsers are initially set to accept cookies, and most services that include similar devices are typically initially activated to collect data. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it.

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

5. Disclosures of your personal data

We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

6. International transfers

We share your personal data within the Travefy Group. This will involve transferring your data outside the European Economic Area (EEA).

We ensure your personal data is protected by requiring all our group companies to follow the same rules when processing your personal data. These rules are called “binding corporate rules”.

Many of our external third parties are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.

Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:


In addition, Travefy Pro Account Holders may share Client Data with entities outside the EEA (for example, when making a hotel booking on a client’s behalf). Clients should refer to the privacy policy of the relevant Travefy Pro Account Holder to understand the way in which their personal data will be processed by third parties in relation to specific bookings.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

7. Data security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

8. Data retention

How long will you use my personal data for?

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

In some circumstances you can ask us to delete your data: see Request erasure below for further in some circumstances we may anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

9. Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. See the Glossary for more about these specific rights.

If you wish to exercise any of the rights set out above, please contact us.

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

10. Glossary

LAWFUL BASIS

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

THIRD PARTIES

Internal Third Parties

Other companies in the Travefy Group acting as joint controllers or processors and who provide IT and system administration services and undertake leadership reporting.

External Third Parties

YOUR LEGAL RIGHTS

You have the right to:

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

Terms of Use

Your use of our Services and the Site, and any disputes arising from such use, is subject to this Privacy Policy as well as our Terms of Use. Please visit our Terms of Use at https://travefy.com/terms-of-use-privacy-policy, which set forth other terms governing your use of our Site and Services.