Privacy Statement

Travel is SWELL.com Protects Your Privacy

PRIVACY POLICY – TRAVEL IS SWELL, INCORPORATED

LAST UPDATED: FEBRUARY 2015

REVISED – MAY 22, 2018

1Papaya, Incorporated, Hereinafter referred to as 1Papaya, a company registered within the State of California. Our California Seller of Travel Registration Number is: 2134055-70. Our office is located at 2491 Alluvial Ave, Suite 5, Clovis California, 93611.

Our Privacy Policy was designed purposefully for 1Papaya, Inc., and its family of travel web sites {More Vacation Experiences, CMTravelonline.com, CMTravelonline.net, Travel is SWELL.com, 1Papaya Store, Travel is SWELL.com, 1Papaya Travel Company, Travel is SWELL.com and Vacations for Adults.com}: Our Privacy Policy also governs and protects your access to and use of these Sites and any section of these Sites. Other services or materials operated or provided by Travel is SWELL or by third parties may be subject to other terms of use, which will be indicated to you prior to use.

These terms of use constitute a legal agreement between you and Travel is SWELL. Please read them carefully before using our sites. By downloading, accessing or using our sites, you are confirming that you accept these terms of use and that you agree to comply with them.

Travel is SWELL may amend these terms of use at any time at its discretion. You can determine when the terms of use were last revised by referring to the “Last Updated” legend at the top of this page. If these terms of use are amended, Travel is SWELL shall display the revised terms of use on our sites. Use of our sites following such changes constitutes your acceptance of the revised terms of use then in effect.

If you do not agree to comply with these terms of use or any amendments to them please stop using our sites immediately.

These terms of use refer to the Privacy Policy and Cookie Policy which also apply to your use of our sites.

Use of this site

Travel is SWELL.com Protects Your Privacy

Our Privacy Statement:

We have created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses the information gathering and dissemination practices for our Web sites.

In consideration of you agreeing to abide by these terms of use, Travel is SWELL grant you a non-transferable, non-exclusive license to download, access and use our sites for your personal, non-commercial purposes and for no other purpose and subject to these terms of use and the Privacy Policy.

Travel is SWELL may withdraw or change its sites at any time in its absolute discretion including suspending access to our sites. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

In consideration of Travel is SWELL permitting you to use its sites, you agree to comply with these Terms of Use. All other uses of our sites other than as set out in these terms of use are prohibited.

Privacy

Travel is SWELL’s data protection policy with respect to our sites is explained in the Travel is SWELL Privacy Policy. By using our sites, you agree to be bound by this policy.

General

In the event that one or more of the provisions of these Terms of Use are void, determined to be invalid, unenforceable or illegal, such invalidity, illegality and unenforceability shall not affect any other provisions of these Terms of Use.

These Terms of Use are personal to you and you are not entitled to assign this Agreement to any third party without Travel is SWELL prior written consent. The Terms of Use do not create any third party beneficiary rights.

These Terms of Use represent the entire agreement between 1Papaya, is travel sites and you and supersede previous agreements.

If you do not comply with these Terms of Use and 1Papaya does not take action immediately, this does not imply that Travel is SWELL waives any rights that it may have (such as taking any action in the future).

These Terms of Use refer only to the use of our sites and separate terms and conditions apply to any specific services that may be obtained through our sites. In particular jurisdictions certain terms may apply that vary these Terms of Use and other legal notices that may be contained on our sites. If additional terms apply, these will be found on the particular Site in the footer on the home page.

Travel is SWELL reserves the right to change these Terms of Use at any time at its sole discretion, which modification shall be effective immediately upon posting to our sites.

You are responsible for regularly reviewing these Terms that are on a continuous basis put at your disposal by their inclusion in our sites. If you do not agree to the modified terms of use of this Site, you must discontinue your use of our sites. Continued use of our sites following any such changes shall constitute your acceptance of such changes.

Applicable law

Irrespective of the country from which you access or use our sites, your use of our sites is governed in accordance with the laws of the State of California and our country of residence, and you agree to the exclusive jurisdiction of the courts of California and our country of residence. In the absolute and sole discretion of Travel is SWELL, a legal action may be brought by Travel is SWELL against any party in breach of these Terms of Use, at its election, in Spain or the place of breach or the domicile of that party, and, if more than one party, in the domicile of any one of those parties, and all other parties shall submit to that jurisdiction.

Contact us

If you require further information please contact info@travelisswell.com or sales@cmtravelonline.com.

TRAVEL IS SWELL GROUP WEBSITE PRIVACY POLICY

Travel is SWELL is committed to protecting the privacy of Personal Information it collects and processes. Travel is SWELL will act in compliance with applicable data protection legislation.

We, Travel is SWELL, want you to be familiar with how we collect, use and disclose Personal Information (information that identifies you as an individual).

Who is collecting and processing the Personal Information

This Privacy Policy (the “Privacy Policy”) applies to Personal Information that 1Papaya and its family of travel websites may collect through its websites. This Privacy Policy does not address the collection, use or disclosure of information through any other means other than our sites.

This Privacy Policy does not apply to the Personal Information that 1Papaya may process about you as a traveler.

What is the legal basis for the processing of the Personal Information?

The legal basis for processing your personal data is that the processing is necessary for the performance of the relationship with you, which is regulated by the Terms and Conditions and by the specific forms collecting your data.

The legal bases for processing the personal data for research, analytical and statistical purposes and to identify products and services that may be of interest to individuals is on the bases of the legitimate interest of 1Papaya. Where personal data is processed for these purposes the privacy impact on the individuals whose data is being processed will be considered.

What Types of Information Do We Collect?

1Papaya collects and processes information from you at various stages during your time using our sites.

The types of Personal Information that we collect and process includes:

Personal Information: Salutation, first name, last name, address, company name, job title, country, industry, mobile phone and email address.
Any other info you provide to us in contact forms (you will see exactly what in-formation we collect form you by filling the fields in the form);
IP details and location data; and
Cookies in accordance with this policy and the Cookie Policy

For what purpose is your Personal Information used?

We use the Personal Information collected from you:

To fulfill your requests (e.g. to send you news and updates and answers to your questions), according to the forms you may fill.
To obtain your feedback (e.g. through a survey), in case you want to provide us with it.
To inform you by e-mail of our products and services, special offers and promotions, and any other marketing materials which we think may interest you.
To send you information regarding our sites such as changes to our terms, conditions, and policies and/or other administrative information.
For our internal business purposes, such as data analysis, audits, developing new products, enhancing our website, improving our services and identifying usage trends. This information may be used as personal information and non-personal information.
To detect, prevent or otherwise address security or technical issues in connection with services provided through this Site.

We may combine personal information collected from your navigation with the information provided by you through different channels (newsletters, specific campaigns, contests, etc.) obtaining a set of all your data provided to Travel is SWELL. We will use this combined information to understand your preferences regarding the Travel is SWELL services and products and to be able to provide you a targeted experience. We need to understand who you are and what your needs are. Having that knowledge we can offer you what you expect from us.

Unsubscribe

If you change your mind, and no longer wish to receive marketing-related e-mails from us on a going-forward basis, you may unsubscribe from receiving such marketing-related e-mails or from such sharing at any time by using the tool provided to you.

Who is the Personal Information shared with?

We may share Personal Information with 1Papaya travel partners, who, due to the nature of the services Travel is SWELL provides as a global travel supplier/seller of travel, may be located in any location around the world. These travel partners may process Personal Information for the purposes described in this Privacy Policy.

In addition, we may also disclose your information to:

Third parties, business partners and service providers for the performance of any contract we enter into with them;
analytics and search engine providers that assist us in the improvement and optimization of our Site;
an affiliate or other third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including without limitation in connection with any bankruptcy or similar proceedings); and
if necessary: (a) under applicable law including laws outside your country of residence; (b) to comply with legal processes; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence;(d) to enforce our terms and conditions; (e) to protect our operations or those of any of our travel partners; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to permit us to pursue available remedies or limit the damages that we may sustain.

Where such disclosures take place, Travel is SWELL requires the appropriate technical and organizational security measures to be in place to protect personal data and for personal data to be processed lawfully.

Travel is SWELL only allow its travel partner and third party service providers to use personal data for specified purposes and in accordance with Travel is SWELL instructions.

Any sharing of Personal Information using third party platforms would be governed by the terms of the third party platform used.

International Transfer of Traveler Personal Data

When Travel is SWELL share your personal data with its travel partners and third party service providers who process personal data on behalf of Travel is SWELL this will involve transferring personal data within and outside the European Economic Area (EEA). When personal data is transferred to another country it will continue to receive adequate protection through contractual or other arrangements put in place with travel partners and third party service providers. For these transfers at least one of the following appropriate safeguards will be implemented;

Personal data will be transferred to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission;
Standard data protection clauses approved by the European Commission which give personal data transferred the same protection it has in EEA;
With affiliates and third party service providers based in the US, Privacy Shield which gives personal data similar protection it has in EEA;

Further information on the appropriate safeguards used when transferring personal data within and outside the EEA can be requested through the contact details set out below in the section legal rights. When requesting this information please make a reference to the transfer of personal data outside the EEA.

Third Party Sites and sending messages through our sites

This Privacy Policy does not address, and we are not responsible for, the privacy, information, or other practices of any third parties, including without limitation any third party operating any site to which this Site contains a link; or any third party platform such as a social media platforms where Travel is SWELL to share Personal Information at your request. Where Personal Information is shared in this way the use of the Personal Information will be governed by the terms of the third party platform you have requested Personal Information is shared with. The inclusion of a link on our sites does not imply endorsement of the linked site by us.

This Site may permit you to send messages regarding site-related content to another individual through our sites. If you wish to use this feature, you may be required to provide us with the individuals email address. By using this functionality, you affirm that you are entitled to use and provide us with the recipient’s name and email address for this purpose. Travel is SWELL shall not assume any liability that may arise from sending this kind of messages to the recipients as we are doing this at your request.

Information that you share

Some services may let you share information with others. As a recommendation we urge you to exercise discretion and caution when deciding to disclose your Personal Information, or any other information, on our sites.

Security and Integrity of Personal Information

We use reasonable organizational, technical and administrative measures to protect Personal Information under our control. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. Please do not send us sensitive information through e-mail. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), you must immediately notify us of the problem by contacting us in accordance with the contacting section of this Site. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information in your e-mail correspondence with us.

When Personal Data is processed on behalf of Travel is SWELL access is limited to those who have a business need to know, Personal Data will be processed in accordance with the instructions of Travel is SWELL and those who have access are subject to a duty of confidentiality.

Travel is SWELL have in place procedures to deal with any suspected personal data breach and will notify individuals and any applicable regulator of a breach where they are legally required to do so.

Retention of Personal Information

Travel is SWELL retains personal data for as long as necessary to fulfill the purposes it was collected for including for the purposes of satisfying any legal, accounting or reporting requirements.

Please note that on any forms where you provide us with your details, we may specify the period of time that we intend keep the data according to the specific proposes defined in the form.

Use of our sites by Children

Our sites are not directed to children, and we request such individuals to not provide Personal Information through our sites.

Legal rights

Under certain circumstances individuals can exercise rights under data protection laws. You can exercise these rights relating to your personal data, or contact Travel is SWELL for data protection related questions, by email to inf@travelisswell.com or sales@cmtravelonline.com or you can write to Senior Vice President, 1Papaya, Inc., Attention SVP, 2491 Alluvial Ave, suite 5, Clovis, California 93611 USA.

For the following rights please make a reference to the following in the request:

Right to access – request for access to personal data
Right to object – object to processing of personal data for the purpose of analytics
Right to information about
- 1Papaya affiliates and third party service providers who process personal data on behalf of 1Papaya;
- transfers to third countries – information about data transfers outside EEA;

Travel is SWELL will require authentication of your identity and may require additional information to confirm that the rights that you may have under data protection laws are being exercised correctly.

Your rights

Although Travel is SWELL intends to carefully address any request and/or claim from you, as well as carefully process your personal information, you are entitled to file any claim or complaint before the relevant data protection authorities, if the answer provided by Travel is SWELL does not meet your expectations.

Cookies Policy

In this Policy you will find information on what cookies are, what cookies may be set when you visit Travel is SWELL’s family of travel websites and how to manage them.

What is a Cookie?

A cookie is a small file placed on your device (e.g. computer or mobile phone) when you visit a website. Cookies are used to make your use of the website easier as well as provide business and marketing information to the website operator.

The term cookies includes similar technologies for collecting and storing information, such as Local Shared Objects (commonly referred to as “flash cookies”) and web beacons or web bugs (including transparent or clear gifs).

Types of Cookies

There is a distinction between session cookies and persistent cookies and between first party and third party cookies.

Session cookies allow actions to be tracked during a single browser session. They are deleted from your device when you close the browser. Persistent cookies remain on your device between sessions and allow a website to “recognize” a user on their return and to remember their preferences, they will remain stored on your device until deleted or they reach a specified expiry date.

Session and persistent cookies can be either first or third-party cookies:

First-party cookie is set by the website being visited.
A third-party cookie is issued by a party other than the website being visited.

Opting out of Cookies

We use cookies to ensure that we give you the best experience on our website and to allow us to improve our sites. By continuing to browse our sites without making any changes to your browser settings to restrict or delete cookies you are consenting to our use of cookies in this way.

Browsers can be set to allow you to reject all cookies, or to accept cookies from websites only for the duration of your visit. Some browsers will allow you to reject just third party cookies. If you want to know how to do this please look at the help menu on your browser. Please be aware that if you choose to delete or restrict cookies some features of our websites may not work.

For general information about cookies and how to disable them, please visit http://www.allaboutcookies.org/

How we use Cookies

We use session and persistent cookies for the following purposes:

Strictly necessary cookies – These are essential cookies that are required for the operation of the website and to allow you to use its features. They include, for example, cookies that enable you to log into secure areas of our website and carry out specific tasks.

Analytical/performance cookies – These cookies collect anonymous information about how visitors use our websites. This aggregated information is used help us to improve the way our website works.

Functionality cookies – These cookies are used to recognize you when you return to our websites, record in-formation about choices you have made and allow us to tailor the website to your needs. This enables us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of location preference).

Targeting cookies – These cookies record your visit to our websites, the pages you have visited and the links you have followed and information from IP addresses. These cookies will be used to make our website and the advertising displayed on it more relevant to you and your interests.

We may use third party service providers to perform these services for us and when this is the case the cookies may be set by third party (third party cookies) with our permission. The third party service providers may share information with other parties. These cookies are not controlled by Travel is SWELL.

Embedded content

Sometimes we embed images/banners, videos or other content from third party websites. As a result when you visit the page featuring this content you may be presented with cookies from these websites. We do not control these cookies and cannot prevent these sites or domains from collecting information on your use of this content. You should check the relevant party’s website for more information.

Social networking and sharing tools

On some pages we may feature embedded share buttons or widgets that allow you to share content with friends through a number of social networking sites. These social networking sites may set cookies that can identify you as an individual when you are also logged into their services. We do not control these cookies and you should check with the relevant website. To see how your information is used.

Thank you for Allowing Travel is SWELL, 1Papaya and our family of travel web sites to serve you.

DO NOT SELL

Travel is SWELL.com Protects Your Privacy

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