Last Updated: May 25, 2018
At Viator, we recognize that earning and retaining your trust is one of the most important things we do as a business. Protecting your privacy is a responsibility we take very seriously.
- Who We Are
- Collection of your personal data
- How we use your personal data
- With whom we share your personal data
- How long we will retain your personal data
- Cookies and other Web Technologies
- Your Rights
- How we protect your personal data
- Information concerning minors
- Californian Privacy Rights
- External Links
- International transfers
- How you can contact us
1. Who We Are
Viator, Inc. (doing business as both "Viator" and "TripAdvisor Experiences" and referred to in these terms as "Viator", "we", "our", "us") is a Delaware corporation, with offices located at 360 Third Street, 4th Floor, San Francisco, California, 94107, USA. Viator operates a service that enables users to research, find, and book travel experiences worldwide. Viator's services are made available through Viator.com (and related domains and our affiliated websites around the world as well as Applications and telephone services.
Viator's products and services are made available through Viator.com and Viator-affiliated websites around the world as well as Viator Applications.
- Viator.com (together with other Viator-branded websites) is our flagship website, where we make available our complete range of products and services directly to consumers.
- At Viator we also work with hundreds of affiliates who distribute our products and services to consumers through their individual websites and via a Viator widget imbedded on their third party websites. We typically host our affiliates' product-information and booking pages, and manage payment and credit card information.
- We also work with distributors (as discussed below) who manage the hosting, purchase and payment for our suppliers’ products and services.
If you provide personal data directly to our affiliates, distributors or suppliers, the terms of their respective privacy policies will apply to such disclosures. You should carefully review the privacy policies of the affiliate partner, distributor or supplier prior to providing personal data to such third parties. See "Our Affiliates, Distributors and Suppliers" below for additional information.
2. Collection of your personal 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 personal data from third parties.
The personal data we collect about you may include, but is not limited to: your name, email address, postal address, phone number, billing information, survey responses, reservation details and other information you may provide about yourself to our site, your IP address and web browser software.
You can choose not to provide personal data to us, but in general some personal data about you is required in order for you to receive relevant offerings from Viator and its partners, and to enjoy benefits of being a registered member.
- Information that you provide to us: We receive and store any personal data you enter on our websites or give us in any other way, including your contributions. For example, in order to purchase products or services, it is necessary for you to disclose personal data, including your name, address (partial or whole), email address, phone number, credit card details and other personally identifying information. If you do not provide personal data when purchasing one of our supplier's products or services, we cannot confirm your purchase or facilitate your booking. In some instances we may also ask for travel documentation, such as passports, demographic data, including your country of residence, gender, age, travel habits, etc.
- Information about others: You may have the opportunity to provide contact and travel-related information for other people through our websites. If you "Refer a Friend" or if you purchase products or services for someone else through Viator, you will need to submit that individual's personal data. You must obtain the consent of other individuals prior to providing us with their personal data.
- Automatic Information: We automatically collect certain information from your computer or mobile device when you visit Viator.com or any of our affiliates' web pages that are hosted by us. For example, we collect your IP address, web browser software, and referring website. To help us analyze the usage of our websites and related services, and to send more relevant communications to you, we also collect and keep track of your online activity, such as content viewed, pages visited, and searches and/or reservations facilitated or made.
- Location Information and Other Information from Devices: When you use an Application on a mobile device, we will collect and use information about you in generally similar ways and for similar purposes as when you use the Viator website. In addition, we may collect information about your location with your consent if your Device has been configured to send such information to the Application via the privacy settings on that Device, or if you have uploaded photos tagged with location information. For example, we may use your location to show you tours or excursions near you when you are travelling. 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 Application. 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.
3. 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 may send to you marketing emails with information about Viator deals, destination and product news, offers, competitions, and other special promotions that we believe that you will find valuable, interesting or informative.
You will receive marketing messages from us if you have given your consent, if you have requested them, or if you purchased goods or services from us and you have not opted out of receiving marketing messages.
If you are no longer interested in receiving future email marketing communications from Viator, you have several choices for opting out of future mailings, you may unsubscribe at any time by following the directions and link included in each email marketing message we send.
Please note that, even if you opt out of receiving future marketing communications from Viator, we will continue to send to you emails regarding your purchases and bookings, and regarding administrative and service-related information such as changes to our terms, conditions and policies. We reserve the right to send you other communications, including service announcements, administrative messages, and surveys relating either to your Viator account, without offering you the opportunity to opt out of receiving them.
4. With whom we share your personal data
We may store the contributions and submissions you make to Viator, including but not limited to your reviews, photos, public profile and ratings (your "Content"), publicly display your Content on our websites and Applications and those of our affiliate partners and distributors, display it to other users, share it with our affiliate partners and distributors, and use it for promotional purposes. Note that if you include personal data in your Content, it can be used and viewed by others. We are not responsible for the information you choose to include in your Content.
Viator may share your personal data with other parties, including other group companies and third parties, such as service providers who work on behalf of us. 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.
- Social Media Services If you connect to Viator using Facebook, we may show you reviews, photos and tours that your Facebook friends have posted, shared, saved or purchased on Viator. Note that, if you have Facebook friends who are using Viator, they may also share personal data about you with us through Facebook. If you wish to prevent that sharing, please review your Facebook privacy settings. You can also choose to access third-party social media websites and services through Viator (such as Facebook and Twitter). When you do so, you are sharing personal data with those sites, and the personal data you share is governed by their privacy policies. You may also be able to modify your privacy settings with these third party social media websites.
- Third Party Vendors We also share your personal data with 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 personal data on our behalf, including, for example, as necessary to operate features of our websites or Applications or to facilitate the delivery of online advertising tailored to your interests. Third-party vendors have access to and may collect personal data only as needed to perform their functions and are not permitted to share or use the personal data for any other purpose. We currently contract with several third-party online partners to help manage and optimize our internet business and communications. We use the services of third-party marketing companies to help us measure the effectiveness of our advertising and how visitors use our website.
- Referring Websites If you were referred to Viator 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 Viator.
We may also share or disclose personal data if we believe, at our sole discretion, this to be 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;
- following a corporate transaction, such as divestiture, merger, acquisition, consolidation or asset sale, or in the unlikely event of bankruptcy;
- with law enforcement agencies and other governmental bodies (if we are legally obliged to do so).
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 website receives or the most popular excursions or tours. This information does not contain any personal data and is used to develop content and services we hope you will find of interest.
5. How long will we retain your personal data
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure or your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
6. Cookies and other web technologies
We collection personal data via cookies and similar technologies. "Cookies" are pieces of information that are stored by your web browser on your computer's hard disk, for record-keeping purposes.
You will also find 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 on www.allaboutcookies.org and http://www.youronlinechoices.com/uk/.
7. Your rights
You can check, supplement and update the information you have provided to us, or you can choose to close your account at any time, in each case by contacting us at email@example.com. If you decide to close your account, we will deactivate it, and delete your profile information and your reviews from view. 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.
We may offer members the option to save information related to method and choice of payment on our websites. If you save such payment details on Viator, you will be able to add, delete, or modify that information at any time in your account settings.
In accordance with applicable law, you may 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 may be able to exercise your rights. Where such rights exist, we will respond to your request within one month, but have the right to extend this period with two months.
In accordance with applicable law, you may 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 your rights by filing 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. How we protect your personal data
At Viator we seek to maintain the integrity and security of your personal data. We have implemented and maintain appropriate physical, administrative, technical, and organisational measures to protect the personal data you provide us against unauthorized or unlawful access, use of disclosure, and against accidental loss, damage, alteration or destruction.
We seek to store your personal data in secure operating environments that are not accessible to the general public, and to have security measures in place at our physical facilities to protect against the loss, misuse or alteration of your personal data by our employees or third parties.
However, no data transmission over the internet or data storage environment can be guaranteed to be 100% secure, so we cannot give an absolute assurance that the personal data you provide to us will be secure at all times. Viator will rely on you telling us if you experience any unusual events that may indicate a breach in your information security. We will then seek to investigate whether this was related to the data transmissions from or to Viator and let you know what steps can be taken and have been taken to help rectify the problem.
9. Information concerning minors
Viator is a general audience site and does not offer services directed to children. We do not knowingly collect data relating to minors. Should an individual whom we know to be a child under age 16 send personal data to us, we will delete or destroy such data as soon as reasonably possible.
10. California Privacy Rights
California Civil Code Section 1798.83 permits California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us at the address provided below in the "How you can contact us" section.
12. International Transfers
Whenever we store or transfer your personal data outside the European Economic Area, we will do so in accordance with applicable law and we will ensure a similar degree of protection is afforded to it by implementing appropriate safeguards. 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 or by implementing other appropriate cross-border transfer solutions to provide adequate protection.
14. How you can contact us
If you have any questions or complaints about the processing of your personal data by us, please contact our Privacy Officer 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:
360 Third Street, 4th Floor
In accordance with applicable law we have appointed a representative within the European Union. The contact details of our representative are:
7 Soho Square