Privacy Policy

TO WHOM DOES THIS POLICY APPLY?

1. This Policy is inclusive and applies to all Users of our Platform, irrespective of their browsing intent or their extent of utilizing the Services offered on our Platform.

2. The applicability of this Policy extends to users regardless of the device type used for accessing our Platform, whether it be a laptop/desktop or a mobile/tablet device.

3. We do not knowingly collect or solicit Personal Information from anyone under the age of eighteen (18) or knowingly allow such persons to register for and/or utilize the Services. If you are under the age of eighteen (18), please do not attempt to register for the products or Services or send any information about yourself to us. No one under the age of eighteen (18) may provide any Personal Information to us.

WHAT IS THE INFORMATION THAT WE COLLECT FROM YOU?

1. To use our Platform, you need to create an account and register with us (“Account”) and for this purpose, we collect certain Personal Information. This may include but is not limited to the following:

   1. Basic Information: You are required to provide basic information such as first name, last name, company name, and some of which will depend on the features you use;

   2. Contact information: such as email address and mobile number;

   3. Transaction data: including the details of the payment method such as credit or debit card number, and bank account information. If you are not a Nearsite user, we may receive payment information relating to you, such as when a Nearsite user provides your payment card to complete a booking. ;

   4. Verification Data: We may collect information relevant to your use of our Platform and Services. Also, as part of our Know Your Customer (KYC) procedures, we collect information to authenticate your identity which may include undergoing a verification process conducted either online or offline by submitting documents via mail or in-person;

   5. Information about others: such as a payment instrument or contact information belonging to another person or information about a co-traveller. By providing us with Personal Information about others, you certify that you have permission to provide that information to Nearsite for the purposes described in this Privacy Policy and you have shared the Nearsite Privacy Policy with them;

   6. Additional Information: includes without limitation, when you fill in a form, add information to your Account, participate in promotions, communicate with the Nearsite support team and other Members, import or manually enter address book contacts, provide your address and/or geolocation, or share your experience with us;

   7. Communication with us: This can include any communication that you send to us, including communications for any inquiries, payments, technical support, etc;

   8. Device Identification data: This includes information that may assist us in identifying your device, including login information, browser type, and version, your operating system, etc; and

   9. Other Data: This can include the following, based on your interaction with the Platform-

      1. Number of times you logged into your Account;

      2. The length of time you spent on the Platform;

      3. The period of time from which you became and have continued to be active on the Platform;

      4. Other similar statistics we may collect with the intention to improve the user experience of the Platform.

2. You agree to provide us with your Personal Information whenever you use our Services by performing any of the following functions:

   1. Accessing our Platform by means of any web browser or any device;

   2. Creating an Account and registering for our Services on the Platform;

   3. Inquiring about our Services through our Platform;

   4. Initiating and maintaining correspondence with us.

3. The Company provides you with the convenience of storing your payment methods on the Platform. By opting for this feature, you consent to the storage of your Personal Information, including your payment method.

4. We take extra precautions to ensure that such Personal Information is kept secure and confidential, and we will only retain this data for as long as necessary for the purposes for which we collect it as per the permissible laws of the land.

5. This Policy will not apply to any unsolicited information provided by you through the Platform or through any other means. This includes but is not limited to, information posted on any public areas of the Platform. All such unsolicited information shall be deemed to be non-confidential and we will be free to use and disclose such unsolicited information without limitation.

6. We shall not be liable for any loss or damage sustained by you as a result of any disclosure (inadvertent or otherwise) of any Personal Information concerning your Account, credit cards, or debit cards in the course of any online transactions or payments made for any Services offered through the Platform. For this purpose, we recommend that you go through the terms of service of the payment service provider.

7. Access to your Personal Information is limited to employees, agents, partners, and third parties, who we reasonably believe will need that information to enable us to provide Services to you. However, we are not responsible for the confidentiality, security, or distribution of your own Personal Information by our partners and third parties (who have their own privacy policies) outside the scope of our agreement with such partners and third parties.

8. When you use our Platform, we collect and store your information which is provided by you from time to time. In general, you can browse the Platform without telling us who you are or revealing any Personal Information about yourself. Once you give us your Personal Information, you are not anonymous to us. Where possible, we indicate which fields are required and which fields are optional. You always have the option to not provide information by choosing not to use a particular service, product, or feature on the Platform.

HOW DO WE COLLECT THE INFORMATION?

1. We employ various methods to gather information, ensuring a comprehensive understanding of User interactions and preferences. The collection of Personal Information is facilitated through the following processes:

   1. Information you give us: When you provide us with the information referred to in Clause 2.1 through the methods outlined in Clause 2.2;

   2. Session Management: We study session metrics to understand how users interact with the Platform. This helps us learn the average time users spend on the Platform and when they prefer to engage. We use tools like Google Analytics (or alternatives) to collect anonymous data, including the number of views, how long users stay, and where they're visiting from. This data allows us to optimize the User experience, making informed enhancements to cater to user preferences and behaviours;

   3. User analytics: We analyse user behaviour and preferences, by collecting and analysing Personal Information and maintaining transaction history within the Platform to track and ensure accuracy, promptly identify any unauthorized transactions, and detect fraudulent activities, allowing us to take immediate corrective action;

2. In addition to direct User interactions, we leverage cookies and similar technologies to enhance the functionality and User experience on the Platform. These allow us to collect and process additional information for various purposes:

   1. Cookies: We utilize cookies, which are small text files stored on Users' devices. These cookies assist in tracking user preferences, optimizing Platform functionality, and providing a customized experience. Users have the option to manage cookie preferences outlined through their browser settings. Below are the categories of cookies used on our Platform along with a description of what they are used for:

      1. Strictly Necessary Cookies: These cookies are needed to run our Platform, to keep it secure if you are logged in, and to obey regulations that apply to us. If you are a registered user, they help us know who you are so that you can log in and manage your Account. They also help us keep your details safe and private;

      2. Functional Cookies: These cookies are used for remembering things such as your user ID on the log-in page, your region or country, your preferred language, accessibility options like large font or high-contrast pages; and

      3. Performance Cookies: These cookies tell us how you and our other users use our Platform. We combine all this data together and study it. This helps us to improve the performance of our Services and/or the Platform.

   2. Web Beacons, Pixel Tags, and Trackers: We may employ web Web Beacons, Pixel tags, and tracking URLs which are tiny graphic images and/or small blocks of code placed on Platform pages, ads, or in our emails that allow us to determine whether you performed a specific action. When you access these pages, or when you open an email, you let us know that you have accessed the web page or opened the email. These tools help us measure responses to our communications and improve our web pages and promotions;

   3. Log Files: Our servers automatically collect information sent by Users' devices, known as log files. This data may include IP addresses, device information, browser type, and timestamps. Log files are instrumental in analysing trends, administering the Platform, and diagnosing technical issues;

   4. Third-Party Analytics: We may integrate third-party analytics services to further understand User behaviour. These services utilize their own tracking technologies to compile reports on Platform activity, aiding us in improving our Services;

   5. Third-Party Plugins: The Platform may use social plugins provided and operated by third parties, such as Facebook’s Like Button. As a result of this, you may send to the third party the information that you are viewing on a certain part of the Nearsite Platform. If you are not logged into your Account with the third party, then the third party may not know your identity. If you are logged in to your Account with the third party, then the third party may be able to link information or actions about your interactions with the Nearsite Platform to your Account with them. Please refer to the third party’s privacy policies to learn more about its data practices;

   6. Location Data: As part of our Services we may also collect precise geolocation data, including GPS signals, device sensors, Wi-Fi access points, and cell tower IDs. We collect this type of data if you grant us access to your location. You can withdraw your consent at any time by disabling the GPS or other location-tracking functions on your device; and

   7. Information from other sources: We may collect Personal Information from other sources, including but not limited to:

      1. If you are invited to the Nearsite Platform, for example, as a co-traveller on a trip, the person who invited you can submit Personal Information about you;

      2. If a Supplier, Guest, or any third party submits a complaint about you, we may receive information relating to the specific complaint made in order to understand and, where relevant, address the complaint; and

      3. To the extent permitted by applicable law, we may receive additional information about you, such as references, demographic data, and information to help detect fraud and safety issues from (i) third-party service providers, other third parties, and/or partners, or (ii) Members and any other individuals, entities, and authorities, and combine it with information we have about you. For example, we may receive background check results or fraud warnings from identity verification service providers for use in our fraud prevention, security investigation, and risk assessment efforts. We may receive information about you and your activities on and off the Nearsite Platform, including from users of Nearsite, members of the public, or governmental, public, or tax authorities, or about your experiences and interactions from our partners. We may receive health information including, but not limited to, health information related to contagious diseases.

WHY DO WE COLLECT YOUR INFORMATION?

1. We shall collect your information only for lawful and legally permissible purposes which are as follows:

   1. User Authentication: We collect your information to help us identify you as and when you access the Platform, when you register an Account with us or log in, or when you utilize our Services. This may include undergoing KYC verification processes conducted either online or offline, depending on regulatory standards. Online verification often entails submitting relevant identification documents and information through secure channels provided by us. Conversely, offline verification methods may involve additional steps such as document verification by authorized personnel or the submission of physical documents via mail or in-person verification centers. This robust KYC process is designed to uphold regulatory standards and bolster the security and reliability of the Nearsite Platform for all users.;

   2. Transactions and Payments: To facilitate secure and efficient payment processing, as well as handle transactions related to Services on the Platform. Also, Personal information is utilized to enable or authorize payment services, including detecting and preventing money laundering, fraud, abuse, and security incidents, complying with legal obligations, enforcing payment policies, and improving payment services;

   3. Communicate with you: We use your Personal Information to communicate with you concerning Services via different channels (e.g., by phone, e-mail, chat);

   4. Fraud Prevention and Credit Risks: We use Personal Information to prevent and detect fraud and abuse to protect the security of our Users;

   5. Troubleshoot Problems: We use your Personal Information to provide functionality, analyse performance, fix errors, and improve the usability and effectiveness of the Platform;

   6. Compliance with law: To be able to perform any contractual and legal obligation;

   7. Enhancing User Experience: To analyse User behaviour and preferences for improving our Services and User experience and to be able to provide location-specific services;

   8. Recommendations and Personalization: We use your Personal Information to recommend features, products, and Services that might be of interest to you, identify your preferences, and personalize your experience with the Platform;

   9. Enhanced Advertising and Marketing Efforts: In our efforts to provide, personalize, measure, and enhance our advertising and marketing endeavours, we engage in several key activities. Firstly, we utilize User information to send promotional and marketing messages, tailoring them to suit individual preferences and interests. Additionally, we strive to customize and optimize advertising on various platforms to ensure relevance and effectiveness. Furthermore, we administer referral programs, rewards, surveys, sweepstakes, contests, and other promotional activities to engage Users and foster community participation. Through the analysis of User characteristics and preferences, we aim to send targeted promotional messages that resonate with each User segment. Finally, we extend invitations to Users for events and relevant opportunities, enriching their overall experience with our Platform; and

   10. Providing alerts/notifications: To effectively communicate with you through emails/SMS/notifications through the Platform to inform you about any other new Services that we may from time to time develop.

2. In the course of operating the Nearsite Platform, we collect and utilize Personal Information in accordance with our Privacy Policy. For Users residing in California, Colorado, Connecticut, Delaware, Florida, Iowa, Montana, Nevada, Oregon, Texas, Utah, Vermont, Virginia, or Washington, or are otherwise protected by privacy or consumer health data laws in those jurisdictions, please refer to Schedule 1 that supplements our main Privacy Policy and outlines state-specific rights and protections afforded to you.

3. For the Users residing outside the United States, specific provisions and disclosures may apply, as detailed in our Supplemental Document (See Schedule 2). This document provides comprehensive information regarding the processing of Personal Information, including details about responsible controllers, legal bases, user rights, and contact information for inquiries. By referencing this Supplemental Document, users gain insights into our compliance with regulations such as the General Data Protection Regulation (GDPR) and gain transparency into how their information is handled.

4. You consent and recognize that your Personal Information may be disclosed on our Platform authorized by you for the purpose of utilising our Services. Additionally, you agree and acknowledge that we are permitted to communicate with you through messaging, calls, emails, or other means, to facilitate the performance of our Services wherever necessary.

WHY DO WE COLLECT YOUR INFORMATION?

1. To facilitate our Services and enhance user experience, we may share Personal Information with the following entities-

   1. Transactions: We may share your Personal Information necessary for transaction processing with our trusted financial or payment gateway partner;

   2. Third-party Service Providers: We engage the services of third parties to carry out various functions on our behalf such as payment processing, data analysis, postal and email communications, hosting services, customer service, and marketing assistance. While these third-party service providers have access to the necessary Personal Information to fulfill their functions, they are prohibited from using it for any other purposes. Moreover, they are obligated to process the Personal Information in compliance with applicable laws. Further, we do not own or control these third parties. When you interact with these third parties and choose to use their service, you are providing your information to them. Your use of these services is subject to the privacy policies of those providers, including Stripe's Privacy Policy;

   3. Affiliates: We may share your information with our affiliates, in which case we will require those affiliates to honour this Privacy Policy. Affiliates may include our parent company and any subsidiaries, joint venture partners, or other companies that we control or that are under common control with us.

   4. Business Transfers: If we reorganize or sell all or a portion of our assets, undergo a merger, or are acquired by another entity, we may transfer your information to the successor entity. If we go out of business or enter bankruptcy, your information would be an asset transferred or acquired by a third party. You acknowledge that such transfers may occur and that the transferee may decline to honor commitments we made in this Privacy Policy;

   5. Legal Compliance:

      1. We may disclose your information to courts, law enforcement, governmental or public authorities, tax authorities, authorized third parties, or other Members, if and to the extent we are required or permitted to do so by law or where disclosure is reasonably necessary to: (i) comply with our legal obligations, (ii) comply with a valid legal request, such as a subpoena or court order, or to respond to claims asserted against Nearsite, (iii) respond to a valid legal request relating to a criminal investigation to address alleged or suspected illegal activity, or to respond to or address any other activity that may expose us, you, or any other of our users to legal or regulatory liability, (iv) enforce and administer our agreements with Members, including our Terms, additional legal terms, and policies, (v) respond to requests for or in connection with current or prospective legal claims or legal proceedings concerning Nearsite and/or third parties, in accordance with applicable law, or (vi) protect the rights, property or personal safety of Nearsite, its employees, its Members, or members of the public;

      2. Where legally required or permissible according to applicable law, we may disclose Suppliers’ and/or Guests’ information to relevant tax authorities or other governmental agencies, depending on where you are based, for the purpose of the tax authorities’ determination of proper compliance with relevant tax obligations;

      3. In jurisdictions where Nearsite facilitates or requires a registration, notification, permit, or license application or number of a Supplier with a governmental authority, we may share information of participating Suppliers with the relevant authority, during the application process, when the Listing is published, and periodically thereafter;

      4. Where appropriate and/or legally required, we may notify Members about legal requests, unless: (i) providing notice is prohibited by the legal process itself, by court order we receive, or by applicable law, or (ii) we believe that providing notice would be futile, ineffective, create a risk of injury or bodily harm to an individual or group, or create or increase a risk of fraud upon or harm to Nearsite, our Members, or expose Nearsite to a claim of obstruction of justice.

   6. Service Improvement: We may share certain aggregated, anonymized information with third parties (for example, for Google Analytics) in order to assess the Platform usage and information pertaining to the ease of navigation;

   7. Advertisements: We use third-party advertising companies to serve ads when you visit our Platform. These companies may use information (not including your name, address, email address, or telephone number) about your visits to the Platform and other websites in order to provide personalized advertisements about goods and services of interest to you.

   8. Collaborations: We may share your Personal Information with reputable partners to facilitate joint initiatives, promotions, or integrated services;

   9. Growth and Expansion: As our Platform evolves and expands, there may be instances where sharing Personal Information with new entities or parties becomes necessary for the enhancement of our Services. Any such sharing will be carried out with the utmost consideration for User privacy and in accordance with relevant legal frameworks.

2. We do not ever sell or rent your Personal Information without your express approval.

3. We are not responsible for the actions of third parties with whom you share personal or sensitive data, and we have no authority to manage or control third-party solicitations. If you no longer wish to receive correspondence, emails, or other communications from third parties, you are responsible for contacting the third party directly.

HOW LONG DO WE KEEP YOUR PERSONAL INFORMATION?

1. Legitimate Business Interest: We may retain your Personal Information as necessary for our legitimate business interests, such as the prevention of money laundering, fraud detection and prevention, and enhancing safety. For example, if we suspend your Account for fraud or safety reasons, we may retain information from that Account to prevent that Member from opening a new Account in the future;

2. Legal, Tax, Reporting, and Auditing Obligations: We may retain and use your Personal Information to the extent necessary to comply with our legal, tax, reporting, and auditing obligations;

3. Shared Information: Information you have shared with others, such as reviews and forum postings, may continue to be publicly visible on Nearsite, even after your Nearsite Account is canceled; and

4. Residual Copies: Because we take measures to protect data from accidental or malicious loss and destruction, residual copies of your Personal Information may not be removed from our backup systems for a limited period of time.

HOW DO WE PROVIDE FOR THE SECURITY OF YOUR PERSONAL INFORMATION WITH US?

1. We prioritize the security of your data, utilizing secure cloud servers, where your Personal Information is encrypted at rest, adding an extra layer of protection against unauthorized access. Additionally, we adhere strictly to industry best practices by utilizing SSL (Secure Sockets Layer) for all data transfers, ensuring that your information remains secure during transmission. We implement reasonable physical, electronic, and procedural safeguards to ensure the confidentiality and integrity of your information. Accessing your Account information is facilitated through a secure server, and once in our possession, your data is subject to strict security guidelines to prevent unauthorized access.

2. While we take comprehensive measures to safeguard your information, users acknowledge and accept the inherent security implications of data transmission over the Internet and the World Wide Web. Despite our efforts, complete security cannot be guaranteed, and inherent risks persist. Users bear the responsibility of safeguarding login and password records for their Accounts. We remain committed to continually enhancing our security protocols to address emerging threats and maintain the trust of our users.

HOW DO WE HANDLE DATA BREACHES AND SECURITY INCIDENTS?

1. In the event of a data breach or security incident, Nearsite maintains a proactive approach to ensure swift resolution and mitigate potential risks. We have established a comprehensive incident response plan designed to address such occurrences promptly and effectively:

   1. Identification: We promptly identify and acknowledge any signs of a data breach or security incident within our systems or infrastructure;

   2. Containment: Immediate action is taken to contain the impact of the breach, preventing further unauthorized access or damage to data;

   3. Notification: We prioritize transparency by promptly notifying affected parties, including Users and relevant stakeholders, about the breach and its potential impact on their data;

   4. Collaboration: Nearsite collaborates with relevant authorities, such as regulatory bodies and law enforcement agencies, to report the incident and comply with any legal obligations or regulatory requirements; and

   5. Post-Incident Assessment: Following the resolution of the incident, we conduct thorough assessments to evaluate the effectiveness of our response measures and identify areas for improvement.

DO WE TRANSFER YOUR PERSONAL INFORMATION CROSS-BORDER?

1. While our primary practice is to store all data on servers located within the United States, it's important to note that certain circumstances may necessitate the transfer of your Personal Information to countries outside your residential country. These transfers may occur for various purposes outlined in this Policy.

2. You understand and accept that other countries may have differing (and potentially less stringent) laws relating to the degree of confidentiality afforded to the information it holds and that such information can become subject to the laws and disclosure requirements of such countries, including disclosure to governmental bodies, regulatory agencies, and private persons, as a result of applicable governmental or regulatory inquiry, court order or other similar processes. In addition, a number of countries have agreements with other countries providing for the exchange of information for law enforcement, tax, and other purposes.

3. If we transfer your Personal Information to third parties for purposes stated in this Policy, we will use our best endeavours to put in place appropriate controls and safeguards to ensure that your Personal Information is kept accurate, adequately protected, and processed only for specified and reasonable purposes in a manner that is fair, transparent and has a lawful basis, and is stored for no longer than is absolutely necessary.

WHAT ARE YOUR RIGHTS AS A DATA SUBJECT?

1. You, as a data subject, have certain rights to your Personal Information with us, as under:

   1. Right to access: You can access the information that has been retained by us by visiting your profile section on the Platform, which would display information supplied by you to us. The information that you shall find in that section would be your Personal Information such as your name, email, contact details, age, etc;

   2. Right to withdraw consent: The consent that you provide for the collection, use, and disclosure of your Personal Information will remain valid until such time it is withdrawn by you in writing. If you withdraw your consent, we will stop processing the relevant Personal Information except to the extent that we have other grounds for processing such Personal Information under applicable laws. We will respond to your request within a reasonable timeframe. You may withdraw your consent at any time by contacting us; and

   3. Right to correction: You are responsible for maintaining the accuracy of the information you submit to us, including but not limited to your contact information provided as part of Account registration. If you wish to make a request to correct or update any of the Personal Information that we hold about you, you may update your information through a convenient automated data deletion form which is available within your user dashboard. For any necessary updates or corrections to your Personal Information, users can easily modify details using the provided dashboard functionalities.

   4. Right of Access and Portability: In some jurisdictions, applicable law may entitle you to request certain copies of your Personal Information or information about how we handle your Personal Information, request copies of Personal Information that you have provided to us in a structured, commonly used, and machine-readable format, and/or request that we transmit this information to another service provider, where technically feasible.

   5. Right of Erasure: In some jurisdictions, you can request that your Personal Information be deleted.

   6. State-Specific Rights: For Users residing in California, Colorado, Connecticut, Delaware, Florida, Iowa, Montana, Nevada, Oregon, Texas, Utah, Vermont, Virginia, or Washington, or are otherwise protected by privacy or consumer health data laws in those jurisdictions, please refer to Schedule 1 that supplements our main Privacy Policy and outlines specific rights afforded to you as a data subject.

   7. User’s Rights Outside United States: For the Users residing outside the United States, please refer to Schedule 2 which provides for User rights, safeguards for international data transfers, and contact information for inquiries.

ARE CHILDREN ALLOWED TO USE OUR PLATFORM AND/OR SERVICES?

1. This Platform is strictly prohibited for use by individuals under the age of eighteen (18) years old ("Minors"). Accessing or using the Platform by Minors constitutes a violation of our Terms of Service and Privacy Policy.

2. We do not knowingly solicit, collect, or process any Personal Information from Minors. We implement commercially reasonable age verification measures and data protection practices to prevent such unauthorized collection and usage.

3. If you are a parent or legal guardian ("Guardian") and believe your child has provided us with Personal Information, we urge you to promptly contact us at info@thenearsite.com. Upon verification of your Guardian status, we will promptly take all necessary steps to remove and delete such information from our records.

HOW ARE CHANGES MADE TO THIS POLICY?

This Policy may be updated at our sole discretion or due to changes in the law. Such changes, unless otherwise stated, will be effective from the day and date of posting on the Platform. We reserve the right to update the Policy without obligation to notify users. It is recommended to regularly review this Policy for any changes, as your continued access and use of the Platform will be considered your approval and acceptance of all modifications to this Policy. In cases where applicable law mandates, we may notify you of updates through email. If you do not agree with this Policy governing our Platform, please refrain from using the Platform or the Services provided by us.

HOW CAN YOU CONTACT US?

Should you need additional information or have any questions or complaints regarding the handling of your Personal Information, please reach out to us in writing at:

Email: info@thenearsite.com.