PRIVACY POLICY

Last Updated February 25, 2024

1.  INTRODUCTION

OFFTODO pays special attention to the collection, use, processing, and storage of personal data with which it comes into contact in its day-to-day activity. Compliance with the Data Protection legislation and alignment with the provisions in the field of data protection has always been a priority for us. We understand that it is important to maintain the confidentiality of the collected personal information and any other information that has been stored with us while the App is being used by our users. We are firmly committed to protecting personal information and complying with applicable privacy requirements in a trustworthy, transparent, and responsible manner.

This Privacy Policy applies to information collected and used by Offtodo. Your personal information shall be held in our database and stored on secure servers. Any payment transactions will be encrypted. Where we have given you (or where you have chosen) a password that enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share this password with anyone.

This Policy applies to persons anywhere in the world who use our App. It explains how Offtodo collects information from you when you use our services.

All users are required to create an Offtodo account to be able to access the functions of our App.

This policy is current as of the effective date set forth above. We reserve the absolute right and discretion to amend this privacy policy at any time, by updating this document. Please read this Privacy Policy carefully and re-visit this page from time to time to review any changes that may have been made to the said Policy. We will post the updated policy on the app. Your continued use of this app and/or continued provision of personal information to us will be subject to the terms of the then-current policy.

If you have any questions or comments about the Privacy Policy (hereinafter called and referred to as the Policy), you may contact us at helpdesk@offtodo.com. This Policy is incorporated into and is subject to our Terms of Use, which can be accessed through the App. Your use of the App and any personal information you provide on the App remains subject to the terms of the Policy and Terms of Use.

Your email address is the key to your Account. If you lose control of your email address, you may lose substantial control over your personal information and be subject to legally binding actions taken on your behalf. Thus, if your email address and/or phone number have been compromised for any reason, you must immediately notify us to change your account details.

2. WHAT PERSONAL INFORMATION DO WE COLLECT?

  1. Personal Information refers to information that does or can identify you as an individual. The types of Personal Information that we process will depend largely on the service and functions you receive from us (and may also vary by country, and according to applicable law).
    1. Your name
    2. Email address
    3. Other personal contact details (including telephone number and postal address)
    4. Profile picture
    5. Corporate contact details (including business 'direct dial' or office address)
    6. Financial and transaction information such as payment information, debit/credit card number, and/or bank account information (where necessary to conclude services contracts with you)
    7. Your passport or National ID Card
    8. Any information in your Listings, Bookings, Feedback, Message Boards, and Comments
    9. Any information you provide during dispute resolution with other users of the App.
    10. Location Information - precise location data when you enable location services for localized recommendations.
    11. We and our third-party service providers may collect device information such as type, model, and OS version to better troubleshoot bugs and crashes during usage. Usage analytics, including app performance and user behaviour, might also be collected for this reason and to better curate the information shown to each user.
  2. We reserve the right to record the conversations between Hosts and Participants facilitated by us through the messaging/chat mechanism on the platform or the calls made through the virtual numbers provided to safeguard the privacy of Hosts and Participants. All the chat/messaging logs or call recordings can be used including but not limited to monitoring and prohibiting abuse, safeguarding the rights of Hosts and Participants, and resolving disputes.
  3. If we deem it necessary, in our sole and absolute discretion, we may also ask for and collect supplemental information from third parties, such as information about your credit from a credit bureau (to the extent permitted by law), or information to verify any identification details you provide during registration.
  4. By providing us with your personal information, you understand and agree that your personal information will be stored by us until such time that this information is deemed of no further use.
  5. We and our third-party service providers may collect device information such as type, model, and OS version to better troubleshoot bugs and crashes during usage. Usage analytics, including app performance and user behaviour, might also be collected for this reason and to better curate the information shown to each User.
  6. We collect personal information from authenticated users. This information is partially or completely accessible to all authenticated users using the App, either directly or by booking an experience.

3. HOW WILL WE USE THE PERSONAL INFORMATION WE COLLECT?

  1. It will often be apparent from the context of how we intend to use your Personal Information. All processing of Personal Information which we undertake is justified by a 'condition' for processing. In most cases, processing will be justified on the basis that;
    1. You have consented to the processing.
    2. The processing is necessary to perform a service to you.
    3. The processing is in our legitimate commercial interests, subject to your interests and fundamental rights.
  2. We may use your personal information for any of the following reasons;
    1. To provide our services to you, including registering you for our services, verifying your identity and authority to use our services, and otherwise enabling you to use our App.
    2. For customer support and to respond to your inquiries.
    3. For internal record-keeping purposes.
    4. To process billing and payment, including sharing with third-party payment gateways in connection with products and services offered by the App.
    5. To improve and maintain our App (for example, we track information entered through the "Search" function; this helps us determine which areas our App users like best and areas that we may want to enhance; we also will use for trouble-shooting purposes, where applicable).
    6. To periodically send promotional emails to the email address you provide regarding new products from us, special offers, or other information about us that we think you may find interesting.
    7. To contact you via email, telephone, facsimile, or mail, or, where requested, by text message, to deliver certain functions or information you have requested.
    8. For our market research purposes, including, but not limited to, the customization of the App according to your interests.
    9. We may use your demographic information (i.e., postal code, residential and commercial addresses, and other various data) to more effectively facilitate the promotion of experiences to appropriate target audiences and for other research and analytical purposes.
    10. To resolve disputes, to protect ourselves and other users of our App, and to enforce our Terms of Use.
    11. We also may compare personal information collected through the App and services to verify its accuracy with personal information collected from third parties.
    12. We may combine aggregate data with the personal information we collect about you.
    13. From time to time, we may use personal information for new and unanticipated uses not previously disclosed in our Privacy Policy. If our information practices change regarding information previously collected, we shall make reasonable efforts to provide notice and obtain consent for any such uses as may be required by law.
    14. To conduct market research surveys, where you choose to participate in these.
    15. To participate in events hosted by us.

4. Electronic Newsletters, Invitations, Polls and Surveys

At our sole discretion, we may offer any of the following free services on the Website, which you may select to use or receive at your discretion. Certain of the following functions may require you to provide additional personal information as detailed below;

ELECTRONIC NEWSLETTERS

We may offer a free electronic newsletter to Users. We will gather the email addresses of Users who create an Offtodo account for the newsletter mailing list. Users may remove themselves from this mailing list by opting out of receiving newsletters during the registration process, by following the link provided in each newsletter that points users to a subscription management page where the user can unsubscribe from receiving newsletters.

SHARE

Our App users can voluntarily choose to electronically share an experience with someone else by clicking "share".

POLLING

We may offer interactive polls to users so they can easily share their opinions with other users and see what our audience thinks about important issues, experiences, and/or the App. Opinions or other responses to polls are aggregated and are not identifiable to any particular user. We may use a system to "tag" users after they have voted, so they can vote only once on a particular question. This tag is not correlated with information about individual users.

SURVEYS

We may conduct user surveys from time to time to better target our content to our App users. We will not share individual responses from these surveys with any third party. We will share aggregate data with third-party service providers, partners, and other third parties. We also will post aggregate data containing survey responses on our Website; that data may be viewed and downloaded by other users of our Website.

5. SECURITY

We employ procedural and technological security measures, which are reasonably designed to help protect your personal information from unauthorised access or disclosure. We may use encryption, passwords, and physical security measures to help protect your personal information against unauthorised access and disclosure. No security measures, however, are 100% complete. Therefore, we do not promise and cannot guarantee, and thus you should not expect, that your personal information or private communications will not be collected and used by others. You should take steps to protect against unauthorised access to your password, phone, and computer by, among other things, signing off after using a shared device, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for the unauthorised use of your information, for any lost, stolen, or compromised passwords, or for any activity on your Account via unauthorised password activity.

6. DISCLOSURE

We may share the information that we collect about you, including your personal information, as follows;

1. INFORMATION DISCLOSED TO PROTECT US AND OTHERS

your information including personal information to carry out legal or regulatory obligations if;

  1. We reasonably believe that disclosure is necessary to comply with a legal process such as a court order, search warrant, etc. or other legal requirements of any Governmental Authority,
  2. Disclosure would potentially mitigate our liability in an actual or potential lawsuit,
  3. Reasonably necessary to enforce this Privacy Policy, our Terms of Use, etc.
  4. Disclosure is intended to help investigate or prevent unauthorized transactions or other illegal activities,
  5. Necessary or appropriate to protect our rights or property, or the rights or property of any person or entity.

2. INFORMATION DISCLOSED TO THIRD-PARTY SERVICE PROVIDERS AND BUSINESS PARTNERS

We may employ the services of third-party service providers to help us in certain areas, such as our business operations, website hosting and maintenance, physical security, marketing, and market research and we may need to share your personal information and data generated by cookies and aggregate information with such vendors and service agencies.

For example, we may provide your information to a credit card processing company to process your payment. The vendors and service agencies will not receive any right to use your personal information beyond what is necessary to perform their obligations to provide the services to you. If you complete a survey, we also may share your information with the survey provider. if we offer a survey in conjunction with another entity, we will disclose the results to that entity.

3. DISCLOSURE TO NON-AFFILIATED THIRD PARTIES IN FURTHERANCE OF YOUR LISTING

Your listings may be shared with third-party Websites with whom we have a contractual relationship to provide your request with maximum exposure. The post on the third-party Website will include the details of your listing as shown on your listing page. Interested persons, however, will be able to click on your listing on such third-party site, and will be directed to our Website where they will have access to book your experience and contact you via the messaging interface along with your details (partial or complete), as would any other user on our Website interested in your listing.

Where third-party providers receive your information, we will remain responsible for the use of your Personal Information. We take appropriate steps to ensure that such third parties treat your Personal Information with the same consideration that we do.

4. DISCLOSURE TO OTHER USERS OF OUR APP

If you are a Participant, the information that you post (other than your payment information) is available to other users of our App and our services. Comments that users post to our App also will be available to other users on our App (see our discussion of User Generated Content below). In addition, we will post the results (in aggregate form) of surveys on our App. If you are a host, your display name as well as the details of your listing are available to all users of our App. Participants who have booked an experience may also be permitted to see the session host's profile name and image.

5. INFORMATION DISCLOSED TO LAW ENFORCEMENT OR GOVERNMENT OFFICIALS

We will disclose your information, including, without limitation, your name, city, telephone number, email address, user ID history, quoting and listing history, and fraud complaints, to law enforcement or other government officials if we are required to do so by law, regulation or other Government Authority or otherwise in cooperation with an investigation of a governmental authority.

6. IN THE EVENT OF A CHANGE OF CONTROL OR BANKRUPTCY

If we change control, including, without limitation, an acquisition, merger, or sale of all or substantially all of our assets to which this App relates or other corporate reorganisation in which we participate, and is thus merged with or acquired by a third-party entity (a "Successor"), We at this moment reserve the right to transfer the information we have collected from the users of the App to such Successor.

In addition, in the event of our bankruptcy, reorganisation, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your information is transferred, used, or treated and reserves the right to transfer the information we have collected from the users of the App to non-affiliated third parties in such event.

7. INFORMATION DISCLOSED AT YOUR REQUEST

We may share your personal information with other Registered Users to whom you explicitly ask us to send your information or if you explicitly consent to such disclosure upon receipt of a specific Service. For instance, when you contract for a specific Service with another Registered User, we will send that Registered User a notice that includes the personal information that you have chosen to allow Us to reveal to users with whom you contract.

7. LINKS TO EXTERNAL WEBSITES

The Website may contain links to other websites or resources over which we do not have any control. Such links do not constitute an endorsement by Us of those external Websites. You acknowledge that we are providing these links to you only as a convenience, and further agree that we are not responsible for the content of such external Websites.

We are not responsible for the protection and privacy of any information which you provide while visiting such external Websites and such sites are not governed by this Policy. Your use of any external Website is subject to the terms of use and privacy policy located on the link to the external Website.

8. UPDATING AND CORRECTING YOUR PERSONAL INFORMATION

You may choose to restrict the collection or use of your personal information in the following ways;

You can review and correct your personal information by logging into the Website and navigating to your profile page in your Account page. Your personal information and/or security information can only be edited if we detect an error in the information you've entered and thereby give you access to modify it. If access to modify your personal information and/or security information is not given, you can only edit your profile name and image. You must promptly update your personal information if you are notified of its inaccuracies. We do retain information from Accounts to comply with the law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations of any Registered User, enforce our Terms of Use, and take any other actions otherwise permitted by law that we deem necessary in our sole and absolute discretion. You should understand, however, that once you publicly post a Comment, give Feedback or publish any other information on the App, you may not be able to change or remove it. Once you publish any information, you agree that we shall not be responsible for any of this information that remains on the App.

9. WHAT CHOICES DO YOU HAVE REGARDING USE OF YOUR PERSONAL INFORMATION?

We may send periodic promotional or informational marketing communications, and emails to you that we may feel are of interest to you. You may opt out of such communications by emailing us at helpdesk@offtodo.com Alternatively, you can click on the 'opt-out' link provided in all our marketing emails. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt out of receiving emails about recommendations or other information we think may interest you, we may still send you emails about your Account or any experiences you have requested or received from us.

10. THIRD-PARTY AD NETWORKS

We participate in third-party Ad networks that may display advertisements on other Websites based on your visits to our Site as well as other Websites. This enables us and these third parties to target advertisements via displaying ads for experiences in which you might be interested. Third-party ad network providers, advertisers, sponsors, and/or traffic measurement skills may use cookies, JavaScript, web beacons (including clear GIFs), Flash LSOs, and other technologies to measure the effectiveness of their ads and personalise advertising content to you. These third-party cookies and other technologies are governed by each third party's specific privacy policy, and not by our Policy. We may provide these third-party advertisers with information about your usage of our Site and our services, as well as aggregate or non-personally identifiable information about visitors to our Site and users of our service.

11. USER-GENERATED CONTENT

We invite you to post content on our App, including your comments, feedback, pictures, and any other information that you would like to be available on our App. If you post content to our App, all of the information that you post will be available to all registered users on our app. If you post your content on our App, your posting may become public and we cannot prevent such information from being used in a manner that may violate this Policy, the law, or your privacy.

12. YOUR DISPLAY NAME AND USE OF OFFTODO INFORMATION

As a Registered User of the App, your display name and image will be automatically extracted from your third-party login service if available or you will have to select a Display Name and image once you sign in. All of your activities on the App will be traceable to your Display Name. Certain other people, including other Registered Users with whom you have transacted business via the App, can see a large part of your activity on the Website. If you book an experience, cancel a booking, or receive a booking on your listing or on a listing where you are a session host, we may send a notice to you or the appropriate Registered User that includes your Display Name. Thus, if you associate your real name with your Display Name, the people to whom you have revealed your name may be able to personally identify your App activities.

13. RETENTION OF YOUR PERSONAL INFORMATION.

We apply a general rule of keeping your Personal Information for as long as required to fulfil the purposes for which it was collected. However, in some circumstances, we may retain your Personal Information for longer periods, for instance where we are required to do so by legal and/or regulatory requirements.

Please note that we have a variety of obligations to retain the information that you provide to us, including to ensure that transactions can be appropriately processed, settled, refunded, or charged back, to help identify fraud and to comply with anti-money laundering and other laws and rules that apply to us and our financial service providers. Accordingly, even if you log out from the app, we will retain certain information to meet our obligations. There may also be residual data that will remain within our databases and other records, which will not be removed.

In all cases, where your information is no longer required we will ensure it is disposed of securely and, where required by applicable law, we will notify you when such information has been disposed of.

14. DELETION OF PERSONAL DATA.

Users can delete all of their data related to their user ID from the Account page. If users are not primary hosts for an active listing with upcoming sessions and have a wallet balance greater than 0, have upcoming bookings or Offtodo credits, their account data will be automatically deleted and logged out. If they meet the former two conditions, they would have to first resolve these issues before they can proceed. If they meet the latter two conditions, they can opt to delete their account without resolving those issues.

Please also visit our Terms of Use section relating to use, disclaimers, indemnities, and limitations of liability governing the use of our site and services at https://www.offtodo.com/terms

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