Last updated: May 21, 2018
Your access to and use of the Services is conditioned upon compliance with the Terms of Service and your understanding and agreement that the Company is merely a facilitator providing an online marketplace connecting users, and that the Company is not a participant in any relationship between users, Locals or Explorers, nor is it a party to any contractual relationship between a Local and an Explorer.
At Yervana Services Inc. (the “Company”) we understand the importance of your privacy and are committed to providing our users with exceptional service. As providing the Services involves the collection, use and disclosure of some personal information of our users, protecting that information is one of our highest priorities.
Under section 4.2 of our Terms of Service, when you create an account with the Company, you represent and warrant that you are 18 years of age or older.
1. What is “personal information”?
1.1 The term “personal information” refers to any information that can be used to identify you as an individual. It can include, among other things, your name, address, age, personal financial information, phone number and social insurance number. Personal information does not include aggregated information that cannot be associated with a specific individual and it does not include contact information, where “contact information” means information that would enable an individual to be contacted at a place of business and includes name, position/title, or business phone number and address. Contact information is not covered by PIPA or this policy.
2. Information We Collect
2.1 We collect personal information to assist us in providing the Services and adapting and updating them to ensure we meet your needs. The information we collect can be broken down as follows:
2.1.1 account information: when you sign up for a Yervana account we require certain information such as your name, e-mail address, date of birth, government photo ID, a selfie and profile information which may include your address, phone number, gender and a photo, some of which will be part of your public profile and will be visible to others;
2.1.2 authentication information;
2.1.3 payment information: STRIPE, a third party service provider, will collect and store your financial information in order to process payments and payouts, and the Company will have access to transaction reference numbers pertaining to each payment and payout;
2.1.4 communications with the Company and other users;
2.1.5 other information: you may choose to provide other information to us when filling out forms, conducting searches, responding to surveys, leaving comments, participating in promotions or using other features of the Services;
2.1.6 usage information: we collect information about your interactions with the Services, such as bookings, searches, engagement, listings, and location information in certain circumstances;
2.1.7 log data: this information is collected whether you create an account or not and includes details about how you use the Services, IP addresses, access times, device information, pages you view before and after using the Services, links to third party applications, and hardware and software information;
2.1.8 transaction information: we collect information related to your transactions booked through the Services, including the date and time, amount paid, the Adventure and other details;
2.1.9 cookies: our site uses “cookies” which enables us to remember and process your reservation, and understand and save your preferences; you can disable usage of cookies by adjusting the settings on your Internet browser, which may also block cookies for any website you visit;
2.1.10 third party services: if you link to or connect with third party services, they may send us information, all of which will be controlled by such third party service provider and their relationship with you; and
2.1.11 other sources: to the extent permitted by applicable law we may receive additional information about you, such as demographic data or fraud detection information and warnings, or other information about you from partner ad networks.
3.1 We obtain consent to collect, use or disclose personal information, except in the limited circumstances described below in Section 3.5 where we are authorized to do so without consent.
3.2 Consent can be provided orally, in writing, electronically, through an authorized representative, or it can be implied where the purpose for collecting, using or disclosing the information would be considered clear or is otherwise referenced in this policy and the user voluntarily provides it.
3.3 Consent may also be implied where a user is given notice and a reasonable opportunity to opt-out of his or her personal information being used, and does not opt-out.
3.4 Subject to certain exceptions, for example where personal information is necessary to provide the Service or withdrawal of consent would frustrate the performance of a legal obligation, users can withhold or withdraw their consent for the Company to use their personal information in certain ways. A decision to withhold or withdraw consent for certain uses of personal information may restrict our ability to provide Services.
3.5 The following are examples of circumstances in which we may collect, use or disclose personal information without the users’ knowledge or consent:
3.5.1 when the collection, use or disclosure of personal information is permitted or required by law;
3.5.2 in an emergency that threatens an individual’s life, health or personal security;
3.5.3 when the personal information is available from a public source;
3.5.4 when we require legal advice from a lawyer;
3.5.5 for the purposes of collecting debt;
3.5.6 to protect ourselves from fraud; or
3.5.7 to investigate an anticipated breach of an agreement or a contravention of law.
4. Using and Disclosing Personal Information
4.1 We use user personal information to fulfill the purposes identified in this policy, at the time of collection or for a purpose reasonably related thereto, including to understand, improve, enhance and develop the Services, to create and maintain a trusted and safe environment, or to contact users about products or services that may be of interest. More specifically, our purposes include but are not limited to the following:
4.1.1 verifying identity;
4.1.2 registering users;
4.1.3 enabling communication between users;
4.1.4 establishing, maintaining and managing relationships with users;
4.1.5 optimizing experiences by performing analytics and conducting research;
4.1.6 customizing experiences by ranking search results, or showing ads based on booking history, preferences and searches;
4.1.7 developing, enhancing or providing programs and services to users and other individuals and understanding needs and preferences of same;
4.1.8 providing customer service;
4.1.9 detecting fraud, abuse, security breaches and other harmful activities;
4.1.10 conducting investigations;
4.1.11 verifying or authenticating information;
4.1.12 resolving disputes and enforcing agreements and policies;
4.1.13 meeting and complying with legal and regulatory requirements; and
4.1.14 sending promotional material based on preferences and personalized advertising and marketing.
4.2 We may disclose user personal information where necessary to fulfill purposes identified at the time of collection or for a purpose reasonably related thereto, for example, for user public profiles or we may disclose the user personal information of Explorers and Locals to each other in order to facilitate the Adventure once it has been booked. We may also disclose user personal information at your direction or with your consent, for example where you authorize third party applications to access your content.
4.3 We may also share user personal information with other Locals and Explorers to facilitate bookings and coordinate Adventures. We will not share billing, payment or payout information with other users.
4.4 Certain information may be shared publicly, for example, information that you share on your profile, reviews, public listings and other similar and associated information which may include locations and photos, all of which may be visible to the public and may be indexed through third party search engines. We do not control the practices of third party search engines.
4.5 We may share user personal information with the third party service providers that we use in the provision of the Services, including but not limited to STRIPE, ChargeDesk, Zendesk and Google Analytics, each of which will have limited access to your information for the purposes of carrying out tasks on our behalf and each of which have their own rules and privacy policies in respect of the collection, use and disclosure of personal information. We encourage you to review these rules and policies.
4.6 Certain information may be shared with third parties or published when you follow links to third party websites, or link your account to third party social networking sites, for example accessing Google Maps through the Services or linking your Facebook account. The Company does not own or control these third parties and when you interact with them you may be providing information to them directly. Such parties will have their own rules and policies in respect of the collection, use and disclosure of personal information and we encourage you to review these rules and policies.
4.7 We may disclose information to courts, law enforcement or governmental authorities, or authorized third parties if we are permitted or required to do so by law or if any of the circumstances in Section 3.5 above apply. In such circumstances the Company will attempt to notify users of such disclosure if it is reasonable and lawful to do so.
4.8 If the Company is involved in a merger, acquisition, reorganization, sale of assets, bankruptcy or other insolvency event, then we may sell, transfer or share some or all of our assets, which may include a transfer of your information.
4.9 We may also share or sell aggregated information and non-personally identifiable information.
5. Retaining Personal Information
5.1 If we use user personal information to make a decision that directly affects the user, we will retain the personal information for at least one year so that the user has a reasonable opportunity to request access to it.
5.2 Subject to Section 5.1 we will retain user personal information only as long as is reasonably necessary to fulfill identified purposes or a legal or business purpose.
6. Ensuring Accuracy of Personal Information
6.1 We will make all reasonable efforts to ensure that user personal information is accurate and complete where it is used to make a decision about the user or where it is disclosed to another organization or entity.
6.2 You may make a request to update, correct or delete your personal information at any time by logging into your account. Though you can cancel your account at any time, certain information that you have shared publicly via the Services may continue to be publicly available in association with your name even after your account is cancelled. You may also request correction of your personal information by submitting a request in writing to firstname.lastname@example.org.
6.3 It is your responsibility to provide any updates to your personal information and to maintain its accuracy.
7. Securing Personal Information
7.1 We take our responsibility to protect the security and privacy of the information we receive extremely seriously. We are committed to ensuring the security of user personal information to protect it from unauthorized access, collection, use, disclosure, copying, modification or disposal or other similar risks. We are continually reviewing our established policies and procedures to ensure that they are appropriate and effective in meeting our commitment to our Explorers, Locals, users and ourselves.
7.3 We will use appropriate security measures when we destroy user personal information.
7.4 The Internet is not a 100% secure environment so we cannot guarantee the complete security and protection of the transmission and storage of your information.
8. User Access to Personal Information?
8.1 You may request access to your own personal information, subject to limited exceptions in the law.
8.2 A request to access personal information must be made in writing and provide sufficient detail so as to identify the personal information being sought. You can also request to know how we use your personal information and to whom it has been disclosed. You may request copies of personal information that you have provided to us in a structured, commonly used, and machine-readable format and/or request us to transmit this information to another service provider (where technically feasible).
8.3 We will respond to requests within 30 days or provide notice of an extension if more time is required in the circumstances.
8.4 A fee may be charged for providing access to personal information. If applicable, the fee will be disclosed at the outset and you will be given the choice in respect of whether or not to proceed with the request.
8.5 If a request is refused we will notify the user in writing, provide reasons for such refusal and outline the recourse available to the user in the circumstances.
9. Questions and Complaints
9.1 Users may direct complaints, concerns or questions regarding the Company’s compliance with PIPA and/or this policy to email@example.com. If you remain unable to resolve the concern after speaking with a representative of the Company, you may also write to the Information and Privacy Commissioner of British Columbia.
9.2 If you dispute the accuracy of your personal information or the processing of that personal information, you may request us at firstname.lastname@example.org to restrict processing of personal information until your complaint is resolved.