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.”
- Collection of your personal data
- How we use your personal data
- With whom we share your personal data
- How long we keep your information for
- Cookies and other technologies
- Your rights
- External links
- How we protect your personal data
- International transfers
- 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 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.
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: firstname.lastname@example.org
- 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.
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.
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.
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 (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
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 email@example.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 firstname.lastname@example.org.
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
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.
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 email@example.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:
226 Causeway Street, Third Floor
Boston, MA 02114
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
Attn: Privacy Officer
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