You, as a user, accept the practices detailed below, so we recommend you to carefully read the information offered to you.
The person in charge of the data base/file is Despegar.com USA, Inc., domiciled at 5201 Blue Lagoon Drive, Suite 881, 881 A, and 882, Miami, Florida.
- 1. What information do we collect?
- 2. What do we use the information collected for?
- 3. Who we share the information collected with?
- 4. Where do we store and how we protect the information collected?
- 5. How can the information collected be accessed, deleted and/or updated?
- 6. How does Despegar interact with your social networks?
What information do we collect?
Despegar receives and stores a) Information given by You, b) information obtained from third parties, c) public information, and d) information collected by our systems, as described below.
Information given by You:
In order to make tourism bookings at Despegar, You must provide us with certain personal information (hereinafter, the “Personal Information”), including first and last name, identity card number or valid identification, nationality, tax identification number, and contact information (such as phone number, address or email address). For the purpose of making tourism bookings, You must also provide us with information of your debit or credit card (such as credit card number, security code, card holder’s name, and expiration date). At its sole discretion, Despegar may confirm the Personal Information furnished resorting to public entities, specialized companies or risk centrals; therefore, we are expressly authorized by You. The information obtained by Despegar from these entities will be held on a confidential basis.
You may always choose not to give us information, but, in general, certain information is required from You to purchase or make transactions at Despegar. If You choose not to give us certain information, You may not be able to purchase from Us.
Always bear in mind that when you post information in a public area of this Website (including, without limitation: ads, chat groups, electronic picture albums and comments on products and services), you are making it available to other members, users of the Website and the public in general, which is out of control of Despegar. Please remember the foregoing and be careful with the information you decide to disclose.
Information given by third parties
If You register in Despegar through your personal account in a social network (“Personal Account”), you expressly agree that Despegar can:
Access, at any time, the whole information contained in your Personal Account, specially including, without limitation, your Personal Information, information on your interests, tastes, contacts and any other content kept in your Personal Account.
In such account, include messages, pictures, videos and any other type of content.
Send information or messages for the purpose described in article 3, “What do we use the collected information for”, in this Policy, to the email of the User linked to the Personal Account or the email used to make bookings at Despegar.
Information collected by our systems. Cookies and web beacons policy.
Despegar automatically collects and stores certain information on the activity of its Users. Such information may include the source URL (whether they are or not at Despegar’s Website), what URL they often access, what browser they are using and their IP addresses. Also visited pages and searches done.
What is a cookie? What are web beacons?
Cookies are specific types of information transmitted by a website to the hard disk of the User’s computer for the purpose of keeping records. Cookies may be used to facilitate the use of a website, by saving passwords and preferences while the User explores the Internet.
On its part, “web beacons” are images inserted in an Internet page or email, which may be used to monitor the behavior of a visitor, such as storing information on the user’s IP address, length of time of interaction in such page, and type of browser used, among others.
How are cookies controlled?
Although most of browsers accept “cookies” and “web beacons” automatically, at all times, You may choose not to receive a file of cookies by enabling your browser to reject cookies or inform you before accepting them (for more information, check www.aboutcookies.org).
Bear in mind that cookies preferences must be set for each browser (Internet Explorer, Google Chrome, Mozilla Firefox or Safari), and that, by rejecting cookies, you may not access many travel services and planning tools offered by this Website.
Our Website uses different types of cookies:
Nuestro Sitio Web utiliza diferentes tipos de cookies:
- Technical cookies:
- are used for the proper operation of the website.
- Functional cookies:
- are necessary to offer services requested by users of this website.
- Analytical cookies:
- allow to see the browsing behavior of visitors in the website, as well as registering the content seen by them and of their interest. This helps us to improve the service offered, since this way we can secure that our users find the information they are looking for.
- Social cookies:
- allow to provide functionalities related to social networks (Facebook, Google and Twitter) by enabling and controlling the interaction with social widgets in the website.
- Associated cookies:
- enable to follow up visits coming from our affiliated websites.
- Publicity cookies:
- collect information on your preferences and choices in the website. They are aimed at advertising networks, where are later used to show customized advertising in other websites.
- Identification cookies:
- enable the identification of visitors and the definition of matches with personal data included in our files, in order to send pertinent personal communications.
Cookies are specific types of information transmitted by a website to the hard disk of the User’s computer for the purpose of keeping records. Cookies may be used to facilitate the use of a website, by saving passwords and preferences while the User explores the Internet.
2. What do we use the information collected for?
You expressly authorize Despegar to register and handle your Personal Information for these purposes:
- To manage your tourism booking, complete transactions started by you, and process invoices or other tax documentation;
- To offer you products and services, and answer your questions and comments;
- To send you confirmations and updates on your trip, as well as any relevant information in such regard. This information may be sent via email, SMS or Whatsapp to the mobile given by You. These messages may contain (without limitation) information on Despegar’s services, as well as contact data of vendors that may help you with your trip experience at destination.
- To contact You for client service purposes, make surveys, statistics or analysis on consumption habits or preferences, notify you by email special offers and products and services related to trips that you may be interested in, except that you do not want to (see “Opt-out” policy below).
For the purpose of offering better services or providing its users with information related to your preferences, Despegar may also develop internal studies on interests, behaviors and demography of users, to better understand their needs and interests, improve our business and promotional initiatives, customize its contents, its presentation and services, show advertising or promotions, banners of interest to our users.
Furthermore, Despegar uses the information of debit or credit cards (such as the name of the card holder, card number and expiration date) only for the purpose of completing the bookings made by You, including sending your data to final vendors of services, in order to manage your bookings and/or purchase orders. Furthermore, You may choose that Despegar reminds certain data of your card and billing, which will automatically appear upon entering Despegar’s Website and/or Application.
3. Who we share the information collected with?
You give your unequivocal consent so that Despegar can share the relevant Personal Information of its users with vendors for managing its bookings and/or purchase orders, such as airlines, hotels, tourism companies that render services at destination, vehicle rental companies, wholesalers, and other vendors of products and services that may be hired by You through our Website and/or Application. In addition, You accept to share your Personal Information with vendors rendering services to Despegar, including credit cards, business analytics, customer care service, marketing and fraud prevention.
Despegar may authorize service vendors to collect Personal information in your name, including, as needed, to operate certain elements of our Website and/or our Application or to facilitate the delivery of on-line advertising according to your interests. Besides, Despegar may share Personal Information with business partners, who we could jointly offer products or services with. Such vendors and business partners are subject to strict non-disclosure agreements that prohibit the unauthorized use or disclosure of Personal Information which they have access to. Despegar may also share your Personal Information for the purpose of complying with applicable rules and cooperate with competent authorities.
Finally, Despegar may also share your Personal Information with companies belonging to Despegar.com group. In the event of any transfer of personal data, the personal data recipient shall assume the same obligations as the disclosing party.
Bear in mind that, if You furnish information on a free and voluntary basis, on your own initiative, directly to service vendors (whether they are service vendors in Despegar or not), such service vendors shall collect, treat and keep this information according to their own privacy policies. Despegar is not liable for the undue use of the Personal Information that may be done by third companies out of the website or the application.
4. Where do we store and how we protect the information collected?
All Personal Information is collected and stored in servers physically located in the United States. Despegar may relocate these servers in any other country, in the future, and may store Personal Information in the United States or in other countries, for back-up purposes. You express you unequivocal consent so that Despegar may transfer your data to any country worldwide. In any case, Despegar undertakes to secure the compliance of any legally enforceable standards for the protection and safekeeping of your Personal Information, through the execution of agreements whose purpose is the privacy of your personal data.
Personal Information shall be treated with the degree of legally enforceable protection to secure its safety, and avoid its alteration, loss, unauthorized treatment or access.
5. How can the information collected be accessed, deleted and/or updated?
5.1. Opt-out policy
When You make transactions or register as user in Despegar, you may choose to receive e-mail promotions, messages or alerts on offers, as provided by applicable laws. In such regard, in each message received you will have the chance to cancel your subscription. You may edit your choices at any time, following any of the alternatives explained below (“Rights of access, cancellation, rectification and objection of Personal Information”).
Bear in mind that the exercise of the opt-out right refers to e-mail promotions, messages or alerts on offers. Therefore, You will continue receiving communications regarding the status of your active bookings. In addition, in certain cases, Despegar shall keep certain Personal Information on file, for the purpose of solving disputes or claims, detecting problems or issues and solve them, and comply with the provisions of the General Terms and Conditions for a term set forth by law. In any case, the Personal Information of a user will not be immediately deleted from our files for legal and technical reasons, including safety support systems. Therefore, although Despegar undertakes to endeavor its best efforts taking into account the status of the technique, not every Personal Information may be finally deleted.
In order to edit any information already furnished, please know that You can enter the section “My Account” > “My Profile”.
Access, cancellation, rectification and objection rights of Personal Information.
Users, holders of Personal Information, are entitled to exercise the rights to access, cancel and update their Personal Information, as well as object to its treatment, and to be informed of assignments carried out, on a gratuitous basis at intervals not lower than six months, save that a lawful interest is evidenced to such effect.
5.3. How to exercise the rights described above
You may exercise them by any of the options below:
- By sending the respective request at the address specified above, or by sending it by e-mail to the address email@example.com. In Your request, you shall specify your full name and a document evidencing the legal representation of the holder, attach a simple copy of your identity card, specification of your email and postal address for notices and a contact telephone number, and a clear and accurate description of personal data on which you intend to exercise the rights of access, rectification and cancellation and documents supporting the change.
- Once the requirements above are met, and provided that the request can be granted, Despegar shall notify You, if it has allowed or rejected the request.
- Likewise, You can access, update and correct your registration information at any time by accessing “My Profile” in “My Account” within Despegar’s Website. By accessing “Emails and Alerts” in “My Account”, You can choose what emails you wish to receive.
6. How does Despegar interact with your social networks?
Upon registering in Despegar, Despegar requests to choose a user identification and a password (that is to say, access a personal account within the Website). Likewise, Despegar allows you to access “My Account” through your Facebook account, Google+ or other social networks (hereafter, the “Social Networks” or “Social Network”) that may match access to “My Account” in the future. As part of the functionality of the Website, and in order to offer a better customized experience, you may link your account to Social Networks in two ways:
- by giving your Social Network account sign in information through the Website and/or the Application; or
- by enabling Despegar to access your Social Network account, as permitted in the applicable terms and conditions governing Your use of each Social Network. You represent that you are entitled to disclose the sign-in information of your Social Network to Despegar and/or grant access to Despegar to your account, without implying a default on your part of any terms and conditions governing Your use of the corresponding Social Network, and Despegar not being liable for paying any rate or regarding any use limitation imposed by external service vendors of the Social Network. By granting Despegar access to any Social Network, You understand that Despegar will access, make available and store (if applicable) any contents given by You and stored in your Social Network in order to be available in the Website and/or Application, and by means of them, through your Social Network and profile page of such account. Unless otherwise provided in these Terms, any Social Network content, if any, shall be deemed user content to all effects of these Terms.
- By virtue of the Social Networks chosen and subject to the privacy setup established in such accounts, the personal identification information published in your Social Network will be available in your Despegar’s account, and through it, in the Website and/or Application. You must take into account that, if a Social Network is no longer available, or if the external service vendor blocks access by Despegar to such Social Network, the Social Network content will no longer be available in the Website and/or the Application or through them.
BEAR IN MIND THAT YOUR RELATIONSHIP WITH EXTERNAL VENDORS OF ASSOCIATED SERVICES IS EXCLUSIVELY GOVERNED BY ANY EXECUTED AGREEMENTS WITH SUCH EXTERNAL SERVICE VENDORS. Despegar shall not endeavor any effort to review the content of Social Network accounts for any reason, including, among others, the accuracy, lawfulness or non-default, and does not take any liability for any of the Social Network content. In such way, it is easier to customize our web page according to your preferences, contact you with your friends to talk about destinations, and analyze and improve our traveling services.
If You lose control of your account or access password to the Social Networks, you can lose control of your Personal Information and may be subject to legally valid transactions done in your name. Therefore, if for any reason your password is at risk, You must immediately: (i) change it, altering your registration information furnished to this Website, and (ii) contact us through any channel offered by Despegar.
Despegar receives and storages personal information directly related to the services offered by Despegar and that users disclose when such users browse Despegar’s Website, use our on-line services, disclose such information by phone to our customer care center, take part in our promotions and offers, responding surveys, register as users, send emails, publish information in forums, chat groups or make comments interacting with the Website, the App or when You contract or hire products or services with Us. The information gathered (hereinafter, the “Personal Information”) includes, among other information, full name, pictures, audios, address, nationality, phone number, tax identification number, email address and, if you make a booking through our Website or our Application, your credit card information (for instance, credit card number, name of credit card holder and expiration date). We may also request information related to loyalty and frequent flyer programs. You may opt not to disclose such information to Us, but in general, certain information is required in order to purchase and perform transactions in our Website or our Application; therefore, if you choose not to disclose certain information You will not be able to do business with Us. In case You make a booking in the name of a third party, you must obtain first such third party’s consent before giving Us his/her Personal Information. Furthermore, Despegar may record or control for quality control and personnel training purposes, calls made to our customer care center. All calls recorded will be kept for a reasonable term and then will be deleted, at Despegar’s discretion.
2. Other Information Gathered
3. Registration Authorization and Treatment of Personal Information
When visiting, using and/or registering in Despegar’s Website or the Application, You expressly authorize Despegar to record and treat all your Personal Information according to the following purposes, among other purposes:to carry out transactions commenced by You, to offer You products and services, to submit to You confirmations and updates related to your trip, to process invoices, to answer your questions and comments, to contact You for customer related purposes, to perform surveys, statistics or analysis on consumption habits or preferences, to inform You by email special offers and products and services related to trips that may result of your interest unless you do not want to receive such information (See herein below: “Opt Out Policy”). Despegar will be able to upload results, testimonies, images, comments and information derived from the answers of the surveys in any of its websites, in order to promote real testimonies of experiences of the services of Despegar, identifying you with full name, photo, comment and nationality. Furthermore, we use the information on credit cards (such as the name of the credit card holder, credit card number and expiration date) only to complete trip bookings made by You in our Website or on our Application, including the submission of data to final service renderers so as to manage your bookings and/or purchase requests. Likewise, You may opt for Despegar to remember certain data from your credit card and invoices which will automatically appear when entering to Despegar’s Website and/or the Application. When gathering Personal Information for advertising or direct sale and similar activities, such information will be treated pursuant to applicable laws.
4. Storage and Transfer of Personal Information. Consent
5. Custody and Confidentiality of Personal Information
The Personal Information will be treated with the degree of protection legally required so as to ensure confidentiality of such information and avoid any alteration, loss, or unauthorized treatment or access. Despegar protects the Personal Information pursuant to security and confidentiality standards and procedures imposed by applicable laws. Despegar does not transfer, disclose or submit the Personal Information gathered to third parties other than the holders of such Personal Information and/or such third parties described herein. To such effect, this Website and the Application take the necessary measures to protect Users’ Personal Information.
6.Access to Personal Information by Third Parties
You grant your univocal consent so that Despegar may share relevant Personal Information of its users with suppliers in order to manage bookings and/or purchase requests, such as with airlines, hotels, vehicle rentals, wholesale companies and other product or services suppliers through our Website and/or our Application. Furthermore, you also grant your consent to share Personal Information with suppliers rendering services for Despegar, including credit cards, business analytics, customer care center, and marketing and fraud prevention. Moreover, we may also authorize service suppliers to collect Personal Information on our behalf, including, as it may be necessary to operate certain elements in our Website and/or our Application or to facilitate the submission of on line advertising tailored to your needs. Furthermore, Despegar may share Personal Information with business partners, together with whom we may offer products or services. Such suppliers and business partners are subject to confidentiality agreements that prohibit the unauthorized use or disclosure of Personal Information to which they have access. Despegar may share with them Personal Information in order to comply with applicable laws and cooperate with applicable authorities. Finally, Despegar may also share Personal Information with companies within Despegar.com group. Access to Personal Information by third parties will be subject to the Opt Out Policy described below.
7. Opt Out Policy
In case You perform transactions or register yourself as User in Despegar, You will have the option to receive promotions, messages or email alerts related to offers. You may change such option at any time through email configuration at Mi Despegar page. In addition, You will have the option to opt out the subscription upon reception of the message with every email.
8. Access, Cancellation, Amendment and Opposition Rights related to Personal Information
Users holders of Personal Information have rights to access, cancel and update their Personal Information and may oppose to the treatment given to such Personal Information. They also have the right to be informed of sessions carried out without cost at time intervals exceeding six months, and unless a legitimate interest is evidenced, they have the power to receive denunciations and claims filed in connection with the lack of compliance with rules on protection of personal data. Users are responsible for the accuracy, precision, effectiveness and authenticity of the Personal Information submitted and agree to keep such Personal Information updated. The above mentioned rights are exercised in writing by submitting the pertinent request by email to: firstname.lastname@example.org. The request must include your full name and, if applicable, an instrument evidencing legal representation of the holder, simple copy of the identity document, email address and mailing address for the service of process and a telephone number. Furthermore the request must also include a detailed and accurate description of personal data in connection to which the right of access, amendment and cancellation is exercised and documents supporting such change. Upon compliance with the above mentioned requirements and provided a request should be made, Despegar will inform You if your request is accepted or denied. Furthermore, You may access, update and correct your record information at any time in “Mi Perfil” at “Mi Despegar” in Despegar’s Website.
9. Website Use
It must be taken into consideration that upon access to Despegar’s Website, we automatically receive information on You and your computer. For instance, we receive information from cookies (see definition below) and web beacons (see definition below) regarding your browser and operating system, Internet pages and links visited by You, on your computer IP address and the website closed before accessing our Website. Despegar uses the information gathered mainly to improve your experience as User and improve our services. At any time you may choose not to receive cookies by activating your web browser to reject cookies or to receive information before accepting then. You must also bear in mind that upon rejecting cookies You may not have access to several trip services and planning tools offered by this Website. Furthermore, in order to make transactions easier in our Website, You may choose that Despegar keep information on your credit cards. “Cookies” are text files automatically downloaded and stored in the hard disk of your computer when browsing certain Internet pages or portals, which allow saving certain data on your Internet activity. Cookies are used in order to know interests, behavior and demography of those visiting or using our Website and in this way, understand better their needs and interests and offer them a better service or give them related information. We will also use the information obtained with the cookies to analyze the pages browsed by the visitor or user, the searches performed, to improve our business initiatives and promotion, to show advertising or promotion, interest banners, customize contents, presentation and services. “Web beacons” are images that may appear inserted in web pages and website and have similar purposes to that of cookies. In addition, a Web beacon is used to measures traffic patterns of users of one page to other in order to maximize flow traffic through the Web.
We thank you and recommend you provide opinions, comments and suggestions to improve the Website and/or the App. You can give your opinions by sending us emails, from the My Reservations section, answering surveys and/or other means of communication. You accept and agree that all Opinions you submit to us will be the sole and exclusive property of Despegar, and hereby irrevocably assign to Despegar, and accepts such assignment, all of its property rights over all of your opinions, including, but not limited to, global patent rights, copyrights, industrial secrets, moral rights and other intellectual property or property rights included therein, and you waive any moral rights you may have about such opinions. You agree that such opinions may be posted on the Site and/or App of Despegar, or on other Sites and/or Apps. Upon request and at the expense of Despegar, you will formalize the documents and carry out other actions that Despegar reasonably requests to assist Despegar to acquire, perfect and maintain its intellectual property rights and other legal protections in relation to the opinions. We remind you that you can give your opinion anonymously or delete it by setting up your account in My Reservations.
11. Password and Access Protection
Upon registration in Despegar, Despegar prompts You a user name and a password (i.e., access to a personal account in the Website known as “Mi Despegar”). Furthermore, Despegar Grants you access to “Mi Despegar” through your Facebook account, Google+ account or other social networks (hereinafter, the “Social Networks”) that in the future may also have access to “Mi Despegar”. As part of the functionality of the Website and to provide a better personalized experience, you can link your account with Social Networks in two ways: (i) by providing the login information of your Social Network account through the Website and/or the App; or (ii) by allowing Despegar to access your Social Networks account, as allowed in the applicable terms and conditions that govern your use of each Social Network. You declare that you have the right to disclose the login information of your Social Network to Despegar and/or grant access to Despegar to your account, without this implying a breach by you of any of the terms and conditions governing the use that You make of the corresponding Social Network and without Despegar is forced to pay any fee or to respect any limitation of use imposed by the external providers of services of the Social Network. By granting Despegar access to any Social Network, You understand that Despegar will access, make available and store (if applicable) all the content that you have provided and stored in your Social Network to make it available on the Website and/or the App, and through them, through your Social Network account and the profile page of that account. Unless otherwise specified in these Terms, all Social Network content, if any, will be considered content of users for all purposes of these Terms. Depending on the Social Networks you choose and subject to the privacy settings you have established in such accounts, the personally identifiable information you post on your Social Networks will be available in your Despegar account and through it on the Website and/or the App. You must take into account that if a Social Network is no longer available, or if the external service provider blocks access to the Social Network, the contents of the Social Networks will no longer be available on the Website and/or the App. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE EXTERNAL SUPPLIERS OF ASSOCIATED SERVICES IS EXCLUSIVELY PROVIDED BY THE AGREEMENTS THAT HAVE BEEN SUBSCRIBED WITH SUCH EXTERNAL SERVICE PROVIDERS. Despegar will not make any effort to review the contents of Social Network accounts for any reason, including but not limited to accuracy, legality or non-infringement, and does not assume any responsibility for any of the contents of Social Networks. That way, it is easier to customize our website according to your preferences, connect with your friends to talk about destinations and analyze and improve our travel services. If You loss control of your account or password to access to Social Networks You may loss control of your Personal Information and may be subject to legally valid transactions carried out under your name. Therefore, if for any reason whatsoever your password is compromised, You must forthwith: (i) change it, changing your registration information given to this Website and (ii) contact Us.
12. External Links
It must be taken into consideration that when information is placed in the public area of this Website (including, without limitation, advertisement, chat groups, electronic photo albums and comments on products and services), such information is placed at the disposal of other members and users of the Website as well as the public in general; which exceeds the scope of control of Despegar. Please remember the above mentioned and be careful with the information you want to disclose.
14. Party Responsible for the Protection of your Personal Information
The party responsible for the database/file is Despegar.com USA, Inc. (1444 Biscayne Boulevard, Suite 221, Miami Florida).
16. Contact Information