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Privacy Policy

This Privacy Policy was last changed on May 25, 2018.

Thank you for using Oyster website or mobile properties, including related applications (collectively, the “Site”), which are provided by Smarter Travel Media LLC (“Oyster”). The terms “we”, “us”, “our” and “Oyster” refer collectively to Oyster and/or our affiliates and subsidiaries. The term “you” refers to the customer visiting the Site and/or contributing content on this Site.”

Overview

The following Privacy Policy explains how Oyster processes and uses your personal data. Our Privacy Policy may change from time to time, and Oyster reserves the right to change or modify our Privacy Policy at any time with or without notice. We understand that providing information online involves a great deal of trust on your part. We take this trust very seriously, and make it a high priority to ensure the security and confidentiality of the personal data you provide to us when you visit our Site or use our services. Before submitting your personal data to us, please read this Policy carefully to learn about our privacy practices. By visiting Oyster’s Site, or using an Oyster application (an “Application” or “App”) on a mobile phone, tablet, or similar device (a “Device”) or in connection with other sites or services, you are accepting the practices described herein. Oyster is committed to safeguarding your privacy. If you have any questions or concerns over Oyster’s Privacy Policy, please feel free to contact us at privacy@oyster.com.

  1. Collection of your personal data
  2. How we use your personal data
  3. With whom we share your personal data
  4. How long we keep your information for 
  5. Children
  6. Cookies and other technologies
  7. Your rights
  8. External links      
  9. How we protect your personal data
  10. International      transfers
  11. Changes to      this Privacy Policy
  12. How you can      contact us

1. Collection of personal data

Personal data means any information about an individual from which that person can be identified, such as your first and last name, telephone number, postal and electronic addresses, date of birth, password and payment information. It does not include data where the identity has been removed (anonymous data).In the course of our business, we collect and process personal data in different ways. We may collect personal data you give us directly but we also collect data by logging how you interact with our services, for example by using cookies on this website. We may also receive information from third parties.

Sometimes, you can choose not to provide your personal data to us, but in general some information about you is required in order for you to receive relevant offerings from Oyster and its partners and enjoy other benefits of being a registered member.

Information that you provide to us: We collect your personal data if you provide it to us through the Oyster’s registration form, if you enter any information on our Site, if we offer or facilitate any transactional services, if we request information about your travel plans and preferences, if you present information to us through email or telephone communications with Oyster’s Customer Service Department and if you enter information in our online forums. 

Information that you provide to us about others: If Oyster offers or facilitates any transactional services, you will have the opportunity to provide contact and travel-related information for other people through our Site. If you make a reservation for someone else through Oyster, you will need to submit that individual’s personal data. You must obtain the express consent of other individuals prior to providing us with their personal data, as any access to view or modify their information will be available only through your account.

Location Information and Other Information that we collect from Devices: When you use an Application on a Device, we will collect and use information about you in generally similar ways and for similar purposes as when you use the Oyster Site. In addition, we may collect information about your location, if you have given your consent. We may use the location information collected from your Device or photos to enhance your use of the Application by providing you with relevant content and contextual advertising. For example, we may use your location to show you information about hotels, restaurants or attractions near you when you are traveling. You can change the privacy settings of your Device at any time, in order to turn off the functionality to share location information with the Application and/or the functionality to tag your photos with location information. Please note that turning off location sharing may affect certain features of our App. If you have any queries about the privacy settings of your Device, we suggest you contact the manufacturer of your Device or your mobile service provider for help.

Information that we collect automatically: We automatically collect some information from your computer or Device when you visit Oyster. We automatically collect session data, including your IP address, Web browser software, and referring website. We also may collect information about your online activity, such as content viewed, pages visited, and searches and/or reservations facilitated or made. One of our goals in collecting this automatic information is to help us understand the interests and preferences of our users and customize your user experience. Oyster uses IP addresses to analyze trends, administer our website, and help diagnose problems with our servers. IP addresses are also used to gather broad demographic information and to prevent, investigate, and take actions in the case of suspected fraud or abuse.

Information that we receive from other sources: We may receive your personal data if you access third party services, if you register for Oyster or Oyster’s newsletter through a third party website, if you request third party websites to send your personal data to Oyster, or if we obtain your personal data from affiliated entities or business partners. 

If you access third party services, such as social media services, through our Site or before coming to our Site, we may collect information such as your user name, password, and other information made available to us through those services. We will work with our existing partners and potential future partners to improve and personalize your use of our Site in accordance with the practices outlined in this section and Policy. If you access third party services, such as social media services, through Oyster or before coming to Oyster, we may collect information such as your user name and other information made available to us through those services in order to improve and personalize your use of Oyster. 

You may also register for Oyster and/or specific Oyster newsletters at web sites operated by third parties. These third parties may share contact, demographic, or profile data that you voluntarily provide during the registration process with Oyster. 

You also may provide personal data to third parties when you register at a third party website and specifically request that your information be forwarded to us so that we can send you information about our product and service offerings. Oyster does or may in the future use this information in the same manner as information collected directly by Oyster. 

In order to better communicate with registered users about their registration status, Oyster may acquire information about users from third-party sources, including but not limited to a users mailing address. The information collected will only be shared, if at all, on an aggregate basis only with third parties.

2. How we use your personal data

We use the personal data that we collect about you only for specific purposes. This includes, but is not limited to, offer our services to you, to manage your registration and account, including your access to and use of our Websites and to publish your reviews, ratings and photos, to manage and facilititate booking inquiries and reservations, communicate with you about your account or use of our Websites and services, to respond to, or follow up on, your comments and questions, and otherwise provide customer service, notify you about changes to our terms or privacy policy, ask you to leave a review or take a survey, operate and improve our Websites and services, personalize your experience on our Websites, measure interest in and improve our Websites and services, notify you about promotions and special offers, to let you partake in a prize draw, competition or complete a survey, protect, investigate and deter against fraudulent or illicit activity, unauthorized or illegal activity, administer and protect our business and to resolve disputes or troubleshoot problems.

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:

  • · Where we need to perform the contract we are about to enter into or have entered into with you.
  • · Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  • · With your consent. 
  • · Where we need to comply with a legal or regulatory obligation.

Marketing

We want to make it easy for you to take advantage of travel-related opportunities on our Websites. One way we do this is by sending you email messages that contain information about your travel-related interest. For example, you search for a flight to New York on our Websites, we may send you an email message about airfares and travel to New York or other destinations. We believe these email messages will provide you with useful information about travel-related special offers available through our sites. 

You will receive marketing messages from us if you have given your consent, if you have requested or if you purchased goods or services from us and if you have not opted out of receiving marketing messages. 

Each time you receive an email of this type, you will be able to tell us if you no longer wish to receive them, or deny push notifications in the application, or change the settings of your mobile device to do so for that type of marketing message or notification. You will be able to unsubscribe from each of those marketing communications at any time by clicking on the unsubscribe link that you will find at the bottom of each communication you receive from us or by visiting the email preference center on the Website.

Oyster subscribers may opt out of receiving future Oyster communications or update their personal data using any of the following methods:

  • Website: accessing the “My Account” section of your account on Oyster
  • Email: privacy@oyster.com 
  • Mail: Oyster c/o SmarterTravel Media LLC, 226 Causeway Street, Third Floor, Boston, MA 02114 

Please note that we may continue to send you service communications, such as administrative messages about your account or transactional messages related to one of your reservations. It is not possible to unsubscribe from these service communications.

3. With whom we share your personal data

Oyster may share your information with other parties, including other group companies and third parties listed below. If we sell or divest our business or any part of it, and your personal data relates to such sold or divested part of our business, or if we merge with another business, we will share your personal data with the new owner of the business or our merger partner, respectively. If we are legally obliged to do so, we will share personal data to protect our customers, the site, as well as our company and our rights and property. We do not rent or sell our customer database or newsletter subscriber list to third parties. We do not share customer information in ways different from what is disclosed in this statement.

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.· Suppliers: hotel, airline, cruise, car rental, or activity providers, or vacation rental managers or owners who fulfill your travel reservations. Throughout Oyster and its affiliated sites, all products and services provided by third-party suppliers are described as such. Information that we share with suppliers to facilitate reservations will be treated according to applicable suppliers’ privacy policies, except for payment information. We share payment information only when it is necessary for travel reservations facilitated through or made on Oyster, and we restrict suppliers’ use of payment information for these purposes. We will securely transmit this information to the supplier of the travel reservation to complete the transaction. Please note that the supplier processes your payment, not Oyster, unless otherwise specified. You agree to review and be bound by the supplier’s policies and procedures before making a reservation through Oyster. We encourage you to review the privacy policies, terms of use, and other policies of any travel supplier whose products and services you may purchase through Oyster. Please note that these suppliers also may contact you as necessary to obtain additional information about you or your travel plans, to facilitate your travel reservations, or for other purposes consistent with the practices described in their privacy policies and terms of use.· Third-party vendors who provide services or functions on our behalf, including business analytics, payment processing, customer service, marketing, public relations, distribution of surveys or sweepstakes programs, and fraud prevention. We may also authorize third-party vendors to collect information on our behalf, including, for example, as necessary to operate features of our Site or to facilitate the delivery of online advertising tailored to your interests. Third-party vendors have access to and may collect information only as needed to perform their functions and are not permitted to share or use the information for any other purpose.· Business partners with whom we may offer products or services in conjunction. You can tell when a third party is involved in a product or service you have requested because their name will appear either with ours or separately. If you choose to access these optional services, we may share information about you, including your personal data, with those partners. Please note that we do not control the privacy practices of these third-party business partners.· Referring Websites. If you were referred to Oyster from another website, we may share your registration information, such as your name, email address, mailing address, telephone number and travel preferences, about you with that referring website. We have not placed limitations on the referring websites’ use of personal data and we encourage you to review the privacy policies of any website that referred you to Oyster. If you enter Oyster via a reward or incentive program, Oyster may share your email address with the program through which you entered Oyster to ensure you are credited with your incentive.· Social Media Services. You can choose to access certain third party social media websites and services through our site (such as Facebook). When you do so, your information will be shared with those sites, and the information you share will be governed by their privacy policies. You may also be able to modify your privacy settings with these third party social media websites.· Companies within our corporate family. We may share your personal data within the TripAdvisor Media Group, as well as with our parent companies and domestic and international corporate affiliate companies and websites. This sharing enables us to provide you with information about products and services, both travel-related and other, which might interest you. To the extent that our parent company and corporate affiliates have access to your information, they will follow practices that are at least as restrictive as the practices described in this Privacy Policy. They also will comply with applicable laws governing the transmission of promotional communications and, at a minimum, give you an opportunity in any commercial email they send to choose not to receive such email messages in the future. · Oyster Product. Oyster is a product managed by SmarterTravel Media LLC. SmarterTravel Media LLC, from time to time may compare, merge, or append information collected on Oyster with data from one or more other sites managed by SmarterTravel Media LLC. Similarly, information you provide on other SmarterTravel Media LLC, managed sites may be compared, merged, or appended to information you provide via Oyster.We may also share your information within our group, the TripAdvisor group, or with third parties if we believe, at our sole discretion, that disclosure of such information is necessary:· To comply with legitimate and enforceable subpoenas, court orders, or other legal process; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases we reserve the right to raise or waive any legal objection or right available to us.· To investigate, prevent, or take action regarding illegal or suspected illegal activities; to protect and defend the rights, property, or safety of Oyster, our customers, or others; and in connection with our Terms of Use and other agreements.· To comply with law enforcement requests or other legal requirements. o In connection with a corporate transaction, such as a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.Other than as set out above, you will be notified when personal data about you will be shared with third parties, and you will have an opportunity to choose not to have us share such information.We also may share aggregate or anonymous information with third parties, including advertisers and investors. For example, we may tell our advertisers the number of visitors our Site receives or the most popular hotels and vacation destinations. This information does not contain any personal data and is used to develop content and services we hope you will find of interest. 

4. How long we keep your information for

We may keep some of the information associated with your account in our records, notably for analytical purposes or for maintaining our records. The retention period for your personal data depends on the purpose for which we collect it and the use we make of it.

We will only retain your personal information for as long as is strictly necessary for the purposes set out in Section 2 "How we use your personal data" or to meet our legal obligations. We may retain certain information for a period subsequent to the closing of your account, for example if it is necessary to fulfil our legal obligations or to exercise, defend or enforce our rights.

5. Children

Oyster and its affiliated sites do not knowingly collect, maintain or use personal  data from our websites about children under age 13. Children under the age of 13 may not participate in any online activities on SmarterTravel Media LLC’s web sites. If a child whom we know to be under age 13 sends personal data to us online, we will only use that information to respond directly to that child, notify parents, or seek parental consent.

6. Cookies and other technologies

We collect information via cookies and other similar technologies (such as web beacons). Cookies are small text files that are automatically placed on your computer or mobile device when you visit a website. They are stored by your Internet browser. Cookies contain basic information about your use of the internet. Your browser sends these cookies back to our Website every time you visit it, so it can recognize your computer or mobile device and personalize and enhance your browsing experience.

You can find more details about what cookies and similar technologies (such as web beacons) we use in our Cookie Policy.

You can also find out more information about cookies in general, including how to see what cookies are installed on your (mobile) device and how to manage and delete them at websites such as http://www.allaboutcookies.org/and http://www.youronlinechoices.eu/. You can disable the use of cookies through the privacy settings in your browser.

If you have disabled the cookies, Oyster will still be accessible, however some sections of the Site will not perform as well as they normally would with cookies enabled.

  • This Site participates in exchanges of anonymous information about user browsing behavior on the Site. This non-personally identifiable information is collected by cookies and other similar technologies and segmented into different anonymized groups. We may share these types of anonymous information with third parties to facilitate the display of targeted advertisements. Please click here or here to learn more about these types of exchanges, including how to access information about the topics of interest associated with cookies and your options with regard to participation in these programs (including opting-out).
  • Web analytics. Oyster uses a web analytics company to track and generate reports on visitor use of Oyster. We use the web analytics company to analyze visitor activity so that we may better understand how visitors make use of Oyster, and so that we may better tailor content to meet our visitors’ needs. This data may include individual visitor click behavior. However, no personally identifiable information is shared with the web analytics company. Although our web analytics company logs the information coming from Oyster on our behalf, we control how that data may and may not be used. Visitors who wish to opt-out of this website analysis tool may do so by clicking here (This is an external link to our web analytics company and will open in a new window).

Data collected by business partners and ad networks to targeted advertisements

Many of the advertisements you see on the Oyster and TripAdvisor family of sites are served by TripAdvisor or its service providers. But we also allow third parties to collect information about your online activities through cookies and other technologies. These third parties include (1) business partners, who collect information when you view or interact with one of their advertisements on our sites, and (2) advertising networks, who collect information about your interests when you view or interact with one of the advertisements they place on many different websites on the Internet. The information gathered by these third parties is used to make predictions about your characteristics, interests or preferences and to display advertisements on our sites and across the Internet tailored to your apparent interests. Please note that we do not have access to or control over cookies or other technologies these third parties may use to collect information about your interests, and the information practices of these third parties are not covered by this Privacy Policy. Some of these companies are members of the Network Advertising Initiative, which offers a single location to opt out of ad targeting from member companies. To learn more, please click here.

7. Your rights

You can check, supplement and update the information you have provided by accessing the "My Account" and “Email Settings” section of your account. You may also close your account by contacting us privacy@oyster.com. If you decide to close your account, we will deactivate it, and delete your profile information. We will send you an email to confirm your request. Remember that once your account is closed, you will no longer be able to login, access your personal information. You can however, open a new account at any time. 

You can change your marketing preferences at any time, through the "Email Settings" section of your account.

In accordance with applicable law, you also have the right of access, the right of rectification, the right to erasure, the right to restriction of processing, the right to data portability and the right to object. Please find below more details and information on how and when you can exercise your rights. We will respond to your request within one month, but have the right to extend this period with two months. 

You have the following rights with regard to your personal data:

· The right to request access to your personal data. This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it. 

· The right to request to correct your data if they are inaccurate. You may also supplement any incomplete data we have, taking into account the purposes of the processing. 

· The right to request deletion of your personal data if:

· your personal data is no longer necessary for the purposes for which we collected or processed them; or

· you withdraw your consent if the processing of your personal data is based on consent and no other legal ground exists; or

· you object to the processing of your personal data and we do not have an overriding legitimate ground for processing; or

· your personal data is unlawfully processed; or

· your personal data has to be deleted for compliance with a legal obligation.

· The right to object to the processing of your personal data. We will comply with your request, unless we have a compelling overriding legitimate interest for processing or we need to continue processing your personal data to establish, exercise or defend a legal claim.

· The right to restrict the processing of personal data, if:

· the accuracy of your personal data is contested by you, for the period in which we have to verify the accuracy of the personal data; or

· the processing is unlawful and you oppose the deletion of your personal data and requests restriction; or

· we no longer need your personal data for the purposes of processing, but your personal data is required by you for legal claims; or

· you have objected to the processing, for the period in which we have to verify overriding legitimate grounds.

· The right to data portability. You may requests us to receive the personal data that concern you. You may also request us to send this personal data to a third party, where feasible. You only have this right if it regards personal data you have provided to us, the processing is based on consent or necessary for the performance of a contract between you and us, and the processing is done by automated means. 

You can exercise several of your rights through the "My Account" section of your account. To exercise your other rights you can file a request by e-mail to privacy@oyster.com. 

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. 

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.

8. External links

Oyster contains links to other websites, plugins and applications. If you access other sites from the links provided on our site, the operators of these sites may be able to collect or share information about you. This information will be used in accordance with their privacy policy, which may be different from our Privacy Policy. We do not control these third-party websites and recommend that you review the privacy policies posted on these third-party websites in order to fully understand their procedures for the collection, use and disclosure of personal data.

9. How we protect your personal data

We have implemented adequate technical and organizational security measures to protect your personal data from loss, unlawful processing, misuse, and alteration. Oyster regularly reviews these measures to better protect users. Although Oyster is concerned with the security of your personal data, Oyster does not ensure or warrant the security of any information transmitted to us over the Internet.

For example, only authorized employees are permitted to access personal data, and they only may do so for permitted business functions. In addition, we use encryption when transmitting your personal data between your system and ours, and between our system and those of the parties with whom we share sensitive information, and we employ firewalls and intrusion detection systems to help prevent unauthorized persons from gaining access to your information.

10. International transfers

If you are visiting our Site from outside the United States, please be aware that your personal data may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country, but please be assured that Oyster does take appropriate safeguards to ensure that your privacy is protected on an adequate level.

Transfers of personal data are made:

  • to a country recognised by the European Commission as providing an adequate level of protection, or;
  • to a country which does not offer adequate protection but whose transfer has been governed by the standard contractual clauses of the European Commission.

By using our services, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in this Policy.

11.Changes to this Privacy Policy

Oyster may change or modify this Privacy Policy in the future. We will note the date that revisions were last made to this Privacy Policy at the first page of this Privacy Policy, and any revisions will take effect upon posting. We will notify our members of material changes to this Privacy Policy by either sending a notice to the email address you provided to us or by placing a notice on our Website. We encourage you to check this Privacy Policy from time to time to review the most current version.

12. How you can contact Us

If you have any questions or complaints about the processing of your personal data by us, please contact us at privacy@oyster.com. You also have the right to lodge a complaint to the supervisory authority about the way we process your personal data. We would, however, appreciate the chance to deal with your concerns before you approach the supervisory authority, so please contact us in the first instance. 

Our full details are: 

Oyster

226 Causeway Street, Third Floor

Boston, MA 02114

privacy@oyster.com

In accordance with applicable data privacy law, we have appointed a representative within the European Union. The contact details of our representative are: 

Oyster c/o Holiday Watchdog 

7 Soho Square

London

W1D 3QB

United Kingdom

Attn: Privacy Officer

Email: privacy@oyster.com  

Holiday Watchdog’s role in this respect is limited solely to being a contact person for questions on data protection from EU citizens and data protection supervisory authorities. For the avoidance of doubt, Holiday Watchdog cannot field other communications or legal process on behalf of Oyster.

Call Recording and Monitoring

Please be aware that calls to and from Oyster may be recorded. We may use the call recordings to monitor our customer service for quality or compliance purposes, to check the accuracy of the information you provide us, for fraud prevention purposes, or to provide training to our staff. We will retain the call recordings for as long as reasonably necessary to perform such activities and then delete them. Any personal data obtained from you during the call will be treated in accordance with the provisions of this Privacy Policy.

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