Effective date: July 19, 2019
Welcome to Rocketrip. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at:
Address: 14 E. 38th Street, 2nd Floor, New York, NY 10016
Please read these Terms carefully. They cover important information about Services provided to you and any charges, taxes, and fees we bill you. These Terms include information about future changes to these Terms, limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
We are constantly trying to improve our Services, so these Terms may need to change along with our Services. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our site located at www.alaywa.com, send you an email, and/or notify you by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
What about my privacy?
Children’s Online Privacy Protection Act
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under thirteen (13). We do not knowingly collect or solicit personally identifiable information from children under thirteen (13); if you are a child under thirteen (13), please do not attempt to register for or otherwise use the Services or send us any personal information. If we learn we have collected personal information from a child under thirteen (13), we will delete that information as quickly as possible. If you believe that a child under thirteen (13) may have provided us personal information, please contact us at firstname.lastname@example.org.
What are the basics of using Rocketrip?
You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and have gotten your parent or guardian to agree to these Terms on your behalf).
You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
What about messaging?
As part of the Services, you may receive communications through the Services, including messages that Rocketrip sends you (for example, via email or SMS). When signing up for the Services, you will receive a welcome message and instructions on how to stop receiving messages. By signing up for the Services and providing us with your wireless number, you confirm that you want Rocketrip to send you information that we think may be of interest to you, which may include Rocketrip using automated dialing technology to text you at the wireless number you provided, and you agree to receive communications from Rocketrip, and you represent and warrant that each person you register for the Services or for whom you provide a wireless phone number has consented to receive communications from Rocketrip. You agree to indemnify and hold Rocketrip harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.
Are there restrictions in how I can use the Services?
You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:
infringes or violates the intellectual property rights or any other rights of anyone else (including Rocketrip);
violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by Rocketrip;
is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
attempts, in any manner, to obtain the password, account, or other security information from any other user;
violates the security of any computer network, or cracks any passwords or security encryption codes;
runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interferes with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
“crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
copies or stores any significant portion of the Content; or
decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
What are my rights in the Services?
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions (as defined below), and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Rocketrip’s) rights.
Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You understand that Rocketrip owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.
The Services may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.
What about anything I contribute to the Services – do I have to grant any licenses to Rocketrip or to other users?
Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission”. Some User Submissions may be viewable by other users. You are solely responsible for all User Submissions you contribute to the Services. You represent that all User Submissions submitted by you are accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Submissions, accessed by you while using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom.
Who is responsible for what I see and do on the Services?
Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk, and we aren’t liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.
The Services may contain links or connections to third-party websites or services that are not owned or controlled by Rocketrip. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that Rocketrip is not responsible for such risks.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Rocketrip shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site or Services, or between users and any third party, you agree that Rocketrip is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Rocketrip, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Will Rocketrip ever change the Services?
We’re always trying to improve our Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
Termination of the Services
Rocketrip is free to terminate (or suspend access to) your use of the Services for any reason in our discretion, including your breach of these Terms. Rocketrip has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.
What else do I need to know?
Warranty Disclaimer. Rocketrip and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Rocketrip and all such parties together, the “Rocketrip Parties”) make no representations or warranties concerning the Services, including without limitation regarding any Content contained in or accessed through the Services, and the Rocketrip Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services. The Rocketrip Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services. THE SERVICES AND CONTENT ARE PROVIDED BY ROCKETRIP (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE ROCKETRIP PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF ONE-HUNDRED ($100) DOLLARS OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. You agree to indemnify and hold the Rocketrip Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Services, and (b) your violation of these Terms.
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Rocketrip’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law. These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of New York, without regard to the conflicts of laws provisions thereof.
Arbitration Agreement. Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with Rocketrip and limits the manner in which you can seek relief from Rocketrip. Both you and Rocketrip acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Rocketrip’s officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.
(a) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in New York County, New York. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
(b) Costs of Arbitration. The Rules will govern payment of all arbitration fees. Rocketrip will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. Rocketrip will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
(c) Small Claims Court; Infringement. Either you or Rocketrip may assert claims, if they qualify, in small claims court in New York County, New York or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
(d) Waiver of Jury Trial. YOU AND ROCKETRIP WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Rocketrip are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Rocketrip over whether to vacate or enforce an arbitration award, YOU AND ROCKETRIP WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
(e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Rocketrip is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.
(f) Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: 14 E. 38th Street, 2nd Floor, New York, NY 10016 postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement.
(g) Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or Rocketrip to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and Rocketrip agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, New York County, New York, or the federal district in which that county falls.
(h) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Rocketrip.
Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Rocketrip may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Rocketrip agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Rocketrip, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Rocketrip, and you do not have any authority of any kind to bind Rocketrip in any respect whatsoever.
Except as expressly set forth in the section above regarding the arbitration agreement, you and Rocketrip agree there are no third-party beneficiaries intended under these Terms.
Personal Information We Collect About You and How We Use It
Information you provide us:
If you choose to use or access any of the Services, you must provide personal information in order to do so such as your name, email address, telephone number, other contact information, and travel itinerary data. This information is used to: (i) provide login information to the Rocketrip Platform and carry out processing functions and the Services Rocketrip has been contracted to provide by its Client, (ii) communicate with you by responding to your requests, comments and questions, (iii) improve the Site, and (iv) perform various account functions provided by Rocketrip. The GDPR legal basis for processing this information is: (a) the legitimate interest in communicating with you and improving the Site and the Rocketrip Platform, and (b) the contractual obligation to perform the Services.
Email & Email Updates
When you contact us by email we collect your first name, last name and email address in order to respond to your request. When you sign up for email updates, we collect your email address in order to provide updates. When you opt-in to receive promotional emails, we will add you to our list to send you promotional, commercial and informational emails. The GDPR legal basis for processing this information is the legitimate interest in communicating with you and answering your questions.
Tracking Technologies & Cookies
When you visit the Site, we collect your IP address. When you visit the Site, we use session “cookies” — a piece of information stored on your computer — to allow us to uniquely identify your browser while you are logged in and to enable us to process your online transactions. Session cookies also help us confirm your identity and are required in order to log into your account. Users who disable their web browsers’ ability to accept cookies will be able to browse the Site but will not be able to access or take advantage of the Services. We also use web beacons to monitor your browsing behavior if you link to another site, such as Expedia.com, for example. The GDPR legal basis for processing this information is the contractual obligation to the Client to perform the Services.
Social Media Features
Demonstrations and free travel analyses
When you schedule a demo or a free travel analysis, we collect your first and last name, work email address, telephone number, company name and the number of employees in your company. We use this information to provide the information requested and to enable us to follow up with you. If you would like us to delete this information, you may request that we do so by contacting us at email@example.com. The GDPR legal basis for processing this information is your consent.
Refer a Friend
When you refer us to a friend, we collect your friend’s first and last name, work email address, telephone number, and company name as well as your name, email address and company name. We use this information to send a one-time email to your friend inviting him or her to visit the site. We store this information for the sole purpose of sending the one-time email and tracking the success of your referral. Your friend may request that we delete this information by contacting us at firstname.lastname@example.org. The GDPR legal basis for processing this information is your consent.
When you apply for a job, we collect your resume or CV, which may include your name, email address, postal address, telephone number and other information, and we request your phone number and current company. We use this information to assess your qualifications for the job you applied for and to contact you for an interview if we choose to do so. We will retain your information until the job is filled. If you would like us to delete this information, you may request that we do so by contacting us at email@example.com. The GDPR legal basis for processing this information is your consent.
Social Media Features
You can log into the Rocketrip Platform using sign-in services made available to you by the applicable Client or other service providers. These sign-in services will authenticate your identity and provide you the option to share certain Personal Information with us such as your name and email address to log-in to the Rocketrip Platform. The GDPR legal basis for processing this information is the contractual obligation to the Client to perform the Services.
Information related to data collected for or received from our Clients and used in providing the Services
If you have any questions about specific Rocketrip Platform settings, what information Rocketrip has been authorized by Client to process, or its privacy practices, you may contact the applicable Client administrator. If you no longer wish to have your Personal Information used by one of our Clients that use the Rocketrip Platform, please contact your Client administrator. The GDPR legal basis for processing this information is the contractual obligation to the Client to perform the Services.
Rights Related to Your Personal Information
In addition to the lawful transfer, processing and storage of your Personal Information, the GDPR gives certain European Union members additional rights over our use of your Personal Information. Rocketrip respects your control over your information and, in the event that you have provided Personal Information to us in your use of the site, we will provide you with information about whether we hold any of your personal information as detailed below. You may access, correct, or request deletion of your Personal Information by contacting us at firstname.lastname@example.org. We will respond to your request within a reasonable timeframe.
When acting as a service provider, Rocketrip may have no direct relationship with the individuals whose Personal Information is provided to Rocketrip for processing while providing the Services. An individual who is employed by one of our Clients and seeks access to, or who seeks to correct, amend, delete, or object to the processing of their Personal Data should direct the query to their employer’s Rocketrip administrator if they are unable to make the appropriate changes via access to the Rocketrip Platform. If the Client request Rocketrip to delete the data, we will respond to their request within 30 business days. If a user contacts us directly with such a request, we will notify the proper Rocketrip Client.
If you are located in the European Economic Area (“EEA”), you have the following rights regarding your Personal Information we control:
Access. You can request details of your Personal Information we hold. We will confirm whether we are processing your Personal Information and we will disclose additional information including the types of Personal Information, the sources it originated from, the purpose and legal basis for the processing, the expected retention period and the safeguards regarding data transfers to non-EEA countries, subject to the limitations set out in applicable laws and regulations. We will provide you free of charge with a copy of your Personal Information but we may charge you a fee to cover our administrative costs if you request further copies of the same information.
Correction. At your request, we will correct incomplete or inaccurate parts of your Personal Information, although we may need to verify the accuracy of the new information provided to us.
Deletion. At your request, we will delete your Personal Information if: (i) it is no longer necessary for us to retain your Personal Information, (ii) you withdraw consent which formed the legal basis for the processing of your Personal Information, (iii) you object to the processing of your Personal Information and there are no overriding legitimate grounds for such processing, (iv) the Personal Information was processed illegally, (v) the Personal Information must be deleted for us to comply with our legal obligations. We will decline your request for deletion if processing of your Personal Information is necessary: (i) for us to comply with our legal obligations, (ii) for the establishment, exercise or defense of legal claims, or (iii) for the performance of a task in the public interest.
Restrict Processing. At your request, we will restrict the processing of your Personal Information if: (i) you dispute the accuracy of your Personal Information, (ii) your Personal Information was processed illegally and you request a limitation on processing rather than the deletion of your Personal Information, (iii) we no longer need to process your Personal Information, but you need your Personal Information in connection with the establishment, exercise or defense of a legal claim, or (iv) you object to the processing of your Personal Information pending verification as to whether an overriding legitimate ground for such processing exists. We may continue to store your Personal Information to the extent required to ensure your request to restrict processing is respected in the future.
Data Portability. At your request, we will provide you free of charge with your Personal Information in a structured, commonly used and machine readable format, if: (i) you provide us with your Personal Information, (ii) the processing of your Personal Information is required for the performance of a contract, or (iii) the processing is carried out by automated means.
Object. Where we rely on our legitimate interests (or that of a third party) to process your Personal Information, you have the right to object to this processing on grounds related to your particular situation if you feel it impacts your fundamental rights and freedoms. We will comply with your request unless we have compelling legitimate grounds for the processing which override your rights and freedoms, or where the processing is in connection with the establishment, exercise or defense of legal claims. We will always comply with your objection to the processing of your Personal Information for direct marketing purposes.
Not to be subject to decisions based solely on automated processing. You will not be subject to decisions with a legal or similarly significant effect (including profiling) that are based solely on the automated processing of your Personal Information, unless you have given us your explicit consent or where they are necessary for the performance of contract with us.
Withdraw consent. You have the right to withdraw consent you may have previously given us at any time. In order to exercise your right to withdraw consent we may ask you for certain identifying information to ensure the security of your Personal Information.
Please contact us at email@example.com to make a request to exercise any of the above rights. We will respond to your request within 30 days or otherwise provide you with reasons for the delay. If we refuse your request we will notify you of the relevant reasons. Typically, we will not charge any fees in connection with the exercise of your rights; however, if your request is manifestly unfounded or excessive (for example, because of its repetitive character) we may charge a reasonable fee, taking into account the administrative costs of dealing with your request.
Kindly note that if you decide to exercise some of your rights, we may be unable to perform the actions necessary to achieve the purposes set out above or you may not be able to use or take full advantage of the Services.
If you are not satisfied with our response, you have the right to complain or seek advice from a supervisory authority and/or bring a claim against us in any court of competent jurisdiction.
How, and With Whom, Your Information Is Shared
Email communications with us:
As part of the Services, we may send you promotional, commercial and informational emails. You may opt out from receipt of these emails and unsubscribe by clicking “unsubscribe” at the bottom of the emails you receive from us. You have the right to object to the use of your Personal Information for direct marketing purposes, on a going forward basis, by emailing us at firstname.lastname@example.org.
Information shared with your employer:
For users of the Rocketrip Platform we disclose information to your employer such as your travel behavior, redemption behavior and year-end redemption reporting for tax purposes.
Information shared with our service providers and Sub-Processors:
Third Party Services
Information disclosed pursuant to business transfers:
If our assets are merged with or purchased by a third party, your Personal Information will be transferred to that third party.
Information disclosed for our protection and the protection of others:
We may also release your information when we believe release is appropriate to comply with the law, enforce our Privacy Policies, detect or prevent fraud, security or technical issues, or protect our or others’ rights, property, or safety. This includes exchanging information with other companies and organizations for fraud protection and spam/malware prevention. Because our servers that store your information are located in the U.S.A., your information may be available to U.S. government entities or agencies under a lawful court order or other legal process in the U.S.
Information we share with your consent:
How long do we retain your information?
When acting as a service provider, we will retain your Personal Information, which we process on behalf of our Clients for as long as needed to provide services to our Client, for as long as your account is active, or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We retain your Personal Information for up to sixty (60) days after your account is closed.
How do we protect your information?
We will take reasonable precautions to protect Personal Information from loss, misuse, unauthorized access, disclosure, alteration and destruction. We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once we receive it. For example, our Services sit on secure servers operated by Amazon Web Services (AWS EC2). We use a method endorsed by the National Institute of Standards and Technology to protect your passwords (PBKDF2 algorithm with a SHA256 hash for password stretching). All of the data transfer is over secure http protocol (https) and we deploy TLS1.2 for transport layer security. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security.
International transfer of your Personal Information
Given that the Internet operates in a global environment and that, if you operate outside of the United States, transfer of your data is necessary for you to use any of our Services or request information from us, using the Internet to collect and process Personal Information necessarily involves the transmission of data on an international, or cross-border, basis. By accessing any of the Services, and/or communicating with us by email, you acknowledge and voluntarily provide your express consent to our collection, processing and disclosure of your Personal Information in this way, including our disclosure to Sub-Processors and third parties located in the US and other locations outside the EU.
European Data Privacy
International Transfer of Personal Information: Privacy Shield, and Contractual Terms
Certain European Union residents have additional privacy rights as provided in the GDPR. For such residents, Rocketrip will collect, process, and store your personal information strictly in accordance with the GDPR. The GDPR further governs the transfer of subject personal information from certain European Area countries outside of the European Union. Rocketrip is based in the U.S., the Site and Rocketrip Platform servers are hosted in the U.S., and many of Rocketrip’s suppliers and Sub-Processors are also based in the U.S. or otherwise outside of the European Union. In providing your Personal Information to Rocketrip, your Personal Information will be sent to the U.S. (or otherwise outside of the European Union). In such cases, Rocketrip will transfer such data in accordance with the GDPR and the following transfer mechanisms:
The EU-U.S. and Swiss-U.S. Privacy Shield Frameworks were designed by the U.S. Department of Commerce, and the European Commission and Swiss Administration, respectively, to provide companies on both sides of the Atlantic with a mechanism to comply with data protection requirements when transferring personal data from the European Union and Switzerland to the United States in support of transatlantic commerce.
Rocketrip is responsible for the processing of personal data it receives, under each Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. Rocketrip complies with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.
With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, Rocketrip is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
In compliance with the Privacy Shield Principles, Rocketrip commits to resolve complaints about our collection or use of your personal information. European Union and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Rocketrip at: email@example.com. Rocketrip commits to cooperate with the panel established by the EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner, as applicable, and comply with the advice given by the panel or Commissioner, as applicable, with regard to data transferred from the EU and Switzerland, as applicable. If you have an unresolved privacy or data use concern that We have not addressed satisfactorily and you are a European Union or Swiss individual, please contact the panel established by the EU data protection authorities (DPAs) or the Swiss Federal Data Protection and Information Commissioner, as applicable. For more information, see Privacy Shield’s informative website here.
Under certain conditions, more fully described on the Privacy Shield Website https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint, you may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted.
Rocketrip may also enter into European Union Model Contractual Clauses, also known as Standard Contractual Clauses, with its Clients to meet the adequacy, privacy, and security requirements for Our Clients that operate in the European Union, and other international transfers of Client data.
California Data Privacy
California residents have certain privacy rights as specified under California law, including the California Consumer Privacy Act of 2018 (“CCPA”). If you are a resident of California, you have the right to know what personal information has been collected about you, and to access that information. You have the right to request deletion of your personal information, though exceptions under the CCPA may allow Rocketrip to retain and use certain personal information notwithstanding your deletion request.
Rocketrip collects various categories of personal information when you or your employer use the Rocketrip Platform or Services, including travel itinerary location information and personal information related to your business travel bookings. A more detailed description of the information Rocketrip collects and how we use it is provided above in the sections entitled: Personal Information We Collect About You and How We Use It, Rights Related to Your Personal Information, and How, and With Whom, Your Information Is Shared.
In addition to Our collection of your Personal Information, Rocketrip may engage certain third parties to perform a function or provide services to you on behalf of Rocketrip including hosting and maintenance, error monitoring, debugging, performance monitoring, billing, customer and account relationship management, database storage and management, and direct marketing campaigns. Rocketrip may share your Personal Information with these third parties, but only to the extent necessary to perform these functions and provide such services. Rocketrip requires these third parties to maintain the privacy and security of the Personal Information they process on our behalf.
Rocketrip does not sell your Personal Information when you use the Rocketrip Platform or when you use a Service and will not do so in the future without providing you with notice and an opportunity to opt-out of such sale as required by law. Rocketrip does not offer financial incentives associated with the collection, use, or disclosure of your personal information.
Rocketrip will not discriminate against you for exercising any of your CCPA rights. To this end, unless permitted by the CCPA, Rocketrip will not:
Deny you access to the Rocketrip Platform or Services;
Charge you a different price or rate for the Rocketrip Platform or Services, including the granting of discounts or other incentives;
Provide a different or downgraded Rocketrip Platform or Service
Suggest that you may receive a different price or rate for the Rocketrip Platform or its Services or a different or downgraded Rocketrip Platform or Service;
In certain cases, Rocketrip collects and processes your personal information at the contractual obligation of your employer. In order to respond to a verified request, Rocketrip may be required to provide notice to your employer of your request, and to follow your employer’s instructions as they relate to carrying out your request. Rocketrip cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm that the personal information relates to you. Making a verifiable request does not require you to create an account, but we may ask you to verify your request by logging into your account if you have one. We will only use personal information provided by a verifiable consumer request to verify the requestor’s identity or authority to make the request.
To exercise your rights under the CCPA please submit a verifiable consumer request to Rocketrip by either filling out an online call back form here (we will call you back toll-free) or emailing us at firstname.lastname@example.org. Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf may make a verifiable consumer request related to your personal information. You may only make a verifiable consumer request for access to your data twice within a twelve (12) month period. Your verifiable consumer request must: (i) be made by a natural person, (ii) provide sufficient information to allow Rocketrip to reasonably verify your identity and that you are the person about whom we collected personal information, or you are an authorized representative, and (iii) describe your request with sufficient detail that allows Rocketrip to properly understand, evaluate, and respond to your request.
We do not knowingly collect any information from anyone under 13 years of age. The Services are directed to people who are at least 13 years old or older. If you believe your child has provided Personal Information through the Services, please contact us as described below.
By post: Rocketrip, Inc., 14 E 38th St (2nd Fl.), New York, NY 10016, U.S.A.
By email: email@example.com