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Customer Privacy Policy

Last Updated May 30, 2019

INTRODUCTION

Gerber Tours, Inc. (“Gerber Tours”) is committed to protecting your personal information and your right to privacy. If you have any questions about this Privacy Policy or our practices with regards to your personal information, please contact us at privacy@gerbertours.com.

This Privacy Policy applies to Gerber Tour’s information-gathering activities conducted online via the Gerber Tours’ website (https://accounts.gerbertours.com (the “Site”). By accessing, using, or otherwise interacting with the Site, or by otherwise providing personal information to Gerber Tours, you agree to be bound by the terms of this Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not access or use the Site or otherwise provide personal information to us.

Gerber Tours makes this Privacy Policy available to explain how it gathers information, the kind of information collected, and how that information may be used so that you can exercise an informed judgment in deciding whether you wish to provide information to Gerber Tours. This Privacy Policy is based upon Gerber Tour’s activities as a United States entity conducting business in the United States.

1. WHAT INFORMATION DO WE COLLECT?

Personal Information You Disclose to Us

Summary: We collect personal information that you provide to us such as name, address, contact information, passwords and security data, and payment information.

We collect personal information that you voluntarily provide to us when creating an account, when registering for a trip, when participating in activities through our Site (such as filling out a form or survey), or when otherwise contacting us and expressing an interest in obtaining information about us or our products, services, offerings and/or events.

The personal information that we collect depends on the context of your interactions with us and the choices you make and the services and features you use. The personal information we collect can include, but is not limited to, the following:

 Name and Contact Data. We collect your first and last name, email address(es), postal address, phone number, and other similar contact data.

 Demographics. We collect information concerning your gender, birth date, and other similar data.

 Credentials. We collect passwords, password hints, and similar security information used for authorization and account access.

 Passport Data. We collect passport information such as passport number, country of issuance, date of passport issuance and passport expiration date.

 Medical/Dietary Data. We collect information regarding your medical and physical conditions, dietary restrictions and requirements, and food allergies that may be relevant to your participation on our trips.

 Payment Data. We collect data necessary to process the payments you make in connection with your trip, such as your payment instrument number (e.g. credit card number), and the security code associated with your payment instrument. All payment data is stored by our payment processors and you should review their privacy policies and contact the payment processors directly to respond to your questions.

All personal information that you provide to us must be true, complete and accurate and you must notify us of any changes to such personal information.

Information Automatically Collected

Summary: Some information – such as IP address and/or browser and device characteristics – is collected automatically when you visit our Site.

We automatically collect certain information when you visit, use or navigate the Site. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Site and other technical information. This information is primarily needed to maintain the security and operation of our Site, and for our internal analytics and reporting purposes.

Information Collected From Other Sources

Summary: We may collect limited data from public databases, marketing partners, and other outside sources.

2. HOW DO WE USE YOUR DATA?

We may use information collected from or about you, including your personal information and usage information, to:

 Process transactions, send you confirmations and receipts, and contact you regarding any problems with your account;

 Respond to your inquiries and provide customer service related to your use of our products and services;

 Register you for an account, keep in contact with you, and provide you with information, including the availability of goods, services and opportunities that are of interest to travelers;

 Help us serve you better, including personalizing your online experience and tailoring content, recommendations, and offers we display to you;

 Improve our products and services;

 Protect each party from errors, fraud, or any criminal activity, and serve legal, regulatory and internal business purposes;

 Detect and troubleshoot problems, resolve disputes, and enforce applicable agreements and policies; and

 Fulfill any other purpose consistent with this Privacy Policy or for purposes disclosed to you at the time we collect your information.

3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?

Summary: We only share information with your consent, to facilitate your participation on our trips, to comply with laws, to protect your rights, or to fulfill business obligations.

We may share non-personal information, such as usage information or otherwise de-identified data and aggregated user statistics, with third parties in our discretion. We may process or share data collected about you, including personal information, in the circumstances described below or elsewhere in this Privacy Policy:

 Consent. We may share your data if you have given us specific consent to use your personal information in a specific way or for a specific purpose.

 Performance of a Contract. Where we have entered into a contract with you, we may share your personal information to fulfill the terms of our contract.

 Legitimate Interests. We may share your data when it is reasonably necessary to achieve our legitimate business interests.

 Legal Obligations. We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).

 Vital Interests. We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violation of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

More specifically, we may need to process your data or share your personal information in the following situations:

 Tour Organizers. We may share your information with Tour Organizations, as necessary to facilitate your participation on our trips.

 Vendors, Consultants and Other Third-Party Service Providers. We may share your data with third party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include: airlines, hotels, tour guides, payment processors, data analysts, email delivery providers, hosting service providers, and third parties which assist us with our customer service and marketing efforts. We may allow selected third parties to use tracking technology on the Site, which will enable them to collect data about how you interact with the Site over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity. Unless described in this Privacy Policy, we do not share, sell, rent or trade any of your information with third parties for their promotional purposes.

 Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our organization by another company.

4. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGY?

Summary: We may use cookies and other tracking technologies to collect and store your information.

We may use cookies and similar tracking technologies (like web beacons, pixels, ad tags, embedded scripts and device identifiers). These technologies may be used for many purposes, such as automatically collecting usage information, enabling features, and remembering your preferences. If you would like to opt out of accepting cookies altogether, you can generally set your browser to not accept cookies or to notify you when you are sent a cookie, giving you the chance to decide whether or not to accept it. However, certain features of our Site may not work optimally if you delete or disable cookies.

5. CONTROLS FOR DO-NOT-TRACK FEATURES

Some Internet browsers and mobile operating systems include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we currently do not respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online.

6. HOW LONG DO WE KEEP YOUR INFORMATION?

Summary: We keep your information for as long as necessary to fulfill the purposes outlined in this Privacy Policy unless otherwise required by law.

We will only keep your personal information for as long as it is necessary for the purposes set out in this Privacy Policy, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements).

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

7. HOW DO WE KEEP YOUR INFORMATION SAFE?

Summary: We aim to protect your personal information through a system of organizational and technical security measures.

We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, please also remember that we cannot guarantee that the internet itself is 100% secure. Although we will do our best to protect your personal information, transmission of personal information to and from our Site is at your own risk. You should only access our services within a secure environment.

8. DO WE COLLECT INFORMATION FROM MINORS?

Summary: We do not knowingly collect personal information from minors under 18 years of age. We do collect personal information about minors from their parent/legal guardian in order to facilitate a minor’s trip with us.

We do not knowingly collect or solicit personal information from minors. If you are a minor, please do not attempt to send any information about yourself to us. In the event we learn we have collected personal information from a minor without verified parental consent, we will delete that information as soon as possible. If you believe we may have any information from a minor, please contact us using the contact information below.

We do collect information about minors, including Name and Contact Data, Demographic Data, Passport Data and Medical/Dietary Data, from the minor’s parent or legal guardian. We use such information for the sole purpose of facilitating the minor’s trip with us.

9. WHAT ARE YOUR PRIVACY RIGHTS?

Summary: You may review, change, or terminate your account at any time.

Account Information

The Site may contain webpages or applications through which you can correct or update some of the personal information you have provided. If you are an Account Holder, you are responsible for maintaining and updating, as applicable, your account registration data with current, accurate, and complete information. You may view, update, and/or edit the registration data you have provided to us by logging in to your account and following the appropriate instructions.

Account Closure

If you would at any time like to terminate your account, please email us at privacy@gerbertours.com. Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our terms of use and/or comply with legal requirements.

Opting Out of Email Marketing

You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send, emailing us at privacy@gerbertours.com or calling us at (800) 645-9145. You will then be removed from the marketing email list. However, we may still need to send you service-related emails that are necessary for the administration and use of your account.

10. TO USERS RESIDING IN THE EUROPEAN ECONOMIC AREA.

We are a private company, established in the U.S.A. Our address is 100 Crossways Park Drive W. Ste 400, Woodbury, New York 11990. Our contact email address is privacy@gerbertours.com. For the purposes of the General Data Protection Regulation we are the data controller.

 Legal Bases. We describe in the section above titled “How Do We Use Your Data?”, the purposes for which we use the data we collect and share. Where we are using the data in order to provide services or products to you, our legal basis for such use is on the basis of our contract with you. For all other purposes our legal basis is our legitimate interest in running our business, except where we obtain your consent for a particular processing, in which event the legal basis will be your consent.

 Your rights. To exercise any of your rights identified below, please contact us at privacy@gerbertours.com. Please note that these rights are limited, for example, where fulfilling your request would adversely affect other individuals or where we are required by law to retain your personal data.

 Access and portability. You are entitled to request access to your personal data we hold and be provided with certain information about how we use your personal data and who we share it with. Where you have provided your personal data to us with your consent, you have the right to ask us for a copy of this data in a structured, machine readable format and to ask us to share (port) this data to another data controller.

 Correction. You have the right to ask us to correct your personal data where it is inaccurate or incomplete.

 Right to deletion. In certain circumstances, you have the right to ask us to delete the personal data we hold about you.

 Restriction. In certain circumstances, you have the right to ask us to restrict (stop any active) processing of your personal data.

 Objection. You can object to our processing of your personal data based on our legitimate interests and we will no longer process your personal data unless we can demonstrate an overriding legitimate ground.

 Withdrawal of consent. In the event we have relied upon your consent to process your personal data, you may withdraw consent at any time by contacting us at privacy@gerbertours.com.

 Complaints. In the event that you wish to make a complaint about how we process your personal data, please contact us in the first instance at privacy@gerbertours.com and we will endeavor to deal with your request as soon as possible. This is without prejudice to your right to raise a complaint with a relevant supervisory authority.

11. DO WE MAKE UPDATES TO THIS POLICY?

Summary: Yes, we will update this policy as necessary to stay compliant with relevant laws.

We may update this Privacy Policy from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this Privacy Policy, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this Privacy Policy frequently to be informed of how we are protecting your information.

12. HOW CAN YOU CONTACT US ABOUT THIS POLICY?

If you have questions or comments about this Privacy Policy, you may email us at privacy@gerbertours.com. You can also reach us by physical mail at 100 Crossways Park Drive W. Ste 400, Woodbury, New York 11797.

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