TRvLB Privacy Policy
We care about you and your privacy so we have designed this privacy policy to inform our users of the way we collect information from them and how we use that information. By using www.trvlbclub.com you agree to the terms of this policy. We advise you to please carefully go through the document in order to understand our privacy policy, and also to refer to our Terms of Use. Moreover, we may change this document or make some adjustments from time to time, please make sure to visit this page regularly to stay up to date.
TRvLB contains intellectual property owned by TravelBash Corp., including any trademarks, trade dress, copyrights, proprietary information and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the TRvLB content, in whole or in part without our prior written consent. We reserve the right to immediately remove your account and access to TRvLB including any products or services offered through the site, without refund, if you are caught violating this intellectual property policy.
Changes to Our Privacy Policy
We reserve the right to modify or make adjustments in this privacy policy without prior notice. Should any of these changes generate an error or discrepancy, you, as the user, agree that the website and its company shall not be held liable for any damages caused by said issue. If we make material changes to this policy, or in how we use or collect your personally identifiable information, we will prominently post such changes prior to implementing the change.
If you have any concerns about privacy at our website, please contact us with a thorough description of that concern, and we will address it to the best of our ability. As our business changes, our Privacy Policy and Terms of Use may change also. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you.Information and Its Use
When purchasing our services or signing up for news or updates from our site, you are required to provide personal details which may include: name, email address, telephone number, birth dates, passport numbers, travel dates and destinations, health information, travel, and meal preferences, frequent flyer and other membership numbers, and financial information related to payment methods. We collect relevant personal information when you ask us to provide you with information or travel related services (such as air, ground and sea transportation, hotel and other accommodation, tours, meals, services and insurance products) that are sold or reserved through us. We use and disclose the personal information in order to provide you with the requested information or travel services and for purposes ancillary and additional to that. In particular, your personal information may be used –
● to furnish you, now and in the future, with travel-related information by way of personalized communication, regular newsletters or travel alerts;
● to identify you and your preferences;
● to research and suggest travel services to meet your communicated needs;
● to make airline, hotel, car, tour and other reservations on your behalf;
● to obtain travel insurance policies on your behalf;
● to obtain credit card or other financial approval for payment;
● to compile statistics and conduct market research;
● to compile reports for the suppliers of your travel services and for regulatory and industry agencies;
● to comply with the law;
● for purposes ancillary to the above.
Further, we act as the agent or intermediary for or in respect of the suppliers of the travel services. Accordingly, personal information relevant to the sole purpose of providing your travel services will be disclosed to the suppliers of such travel services.
When you share with us the personal information of your travel companions or other persons for whom you are requesting information or travel services:
● you consent on their behalf to the collection, use and disclosure of their personal information in terms of this Privacy Policy; and
● you warrant to us that you are authorized to give that consent on their behalf and indemnify and hold us harmless against any claim by such persons in which they allege that you were not so authorized.
You can visit our website, read materials, and browse the website’s contents without giving us any personally identifiable information.
How we collect information
The following are the sources that we may use for gathering personal information. We may gather information –
● from you when you request information or travel services;
● from your agent, family member, employer, employee or authorized representative when such person is seeking information or travel services on your behalf or otherwise representing you;
● from personal travel profiles you have completed;
● from our records relating to previous requests or reservations you have made;
● from the computerized reservation or other systems used to make your travel reservations now or in the past;
● from credit card issuers, credit bureau or other consumer reporting agencies;
● from the airlines or other suppliers of travel services to you at any time.
When you visit our website, some information such as your IP address, pages you visit, type of platform and the number of clicks are collected for analyzing trends. This allows us to keep track of the number of visitors and to recognize the repeat visitors from the new ones.
Your California Privacy Rights
List of Third Parties: If you are a resident of the State of California, you may obtain a list of all third parties to which we have disclosed certain personally identifiable information as defined under California law during the preceding year for third-party direct marketing purposes, if any. You may request the information in writing at membership@trvlbclub.com.
Corrections: If wish to make corrections to any personal information you have provided, contact us at membership@trvlbclub.com
Do Not Track Disclosures: We do not take any particular action based on browser-based Do Not Track (DNT) Notices; nor do we track your use of other websites.
Changes to This Policy: We may from time to time make changes to this Privacy Policy to reflect changes in legal or regulatory obligations or changes in the manner in which we deal with personal information. We will post any revised version of this Privacy Policy on our website. Any changes will be effective on the effective date stated in the revised Privacy Policy. If there are significant changes, we may provide more prominent notice or obtain your consent, if required by law.
Quotes
Prices are accurate at time of quote and are subject to change until trip is paid in full.
QUOTED RATES DO NOT INCLUDE: Airline baggage charges, seat assignment fees or other ancillary fees, passport and visa fees, some departure taxes, gratuities, meals, beverages, resort fees, hotel energy surcharges, parking and valet fees, insurance, telephone calls, additional bedding charges, laundry service, and other miscellaneous charges of a personal nature are not included in our quoted fees, except where specifically noted.
Cancellations and Reservations Changes
Any changes made to your existing reservation (including cancellation) are subject to the current rates, promotions and terms at the time of the change or cancellation. Cancellation, revision and refund polices for changes or unused travel/components vary and are subject to the policies of each supplier. Cancellation penalties can range up to 100% depending on how close to departure the written notification is received.
If the number of individual occupying a room changes, the remaining travelers will be responsible for any additional costs incurred as a result of the change in the per-person occupancy rate.
Air, insurance premium,s and no-shows are always non-refundable. TRvLB reserves the right to charge an additional per person administrative fee payable before cancellation will be processed.
Travel Insurance
TRvLB strongly recommends the purchase of Travel Protection Insurance. Travel Insurance can help minimize the monetary loss incurred due to unforeseen events such as: cancellation, missed connections, baggage loss, trip delay, and especially medical emergencies. Travelers who opt out of insurance coverage will be asked to sign a waiver indicating that they decline coverage. This waiver must be received by TRvLB before the reservation can be completed.
Air Travel
Flight details including departure times are always subject to change by the airlines. It is the travelers responsibility to check-in for the flight 24 hours in advance and re-confirm all gates and times. Federal law forbids the carriage of certain hazardous materials, such as aerosols, fireworks, and flammable liquids, aboard the aircraft. If you do not understand these restrictions, contact your airline or go to http://www.faa.gov/about/initiatives/hazmat_safety.
Non-Discrimination Policy
We are committed to creating a culture that reflects the diversity of our clients. With that goal in mind, we encourage our employees and our partners to understand, accept and celebrate differences among people. We welcome everyone and prohibit all discrimination on the basis of race, ethnicity, age, religion, physical ability, sexual orientation, gender identity and gender.
Contact Terms
We may contact you personally by telephone, email or post to market our services, to serve you as a client or answer your queries. We may contact you to get feedback about the services we offer. We may also contact you to get your permission to post your experience with our company and/or photos from your TRvLB experience on our website. We will never spam you or sell your details to third-party advertisers. If you do not want to receive any marketing communication from us, you can let us know this and we will cease sending you marketing-related communications.
Use by Children
This is a general audience website and does not offer services directed to children. Should a child whom we know to be under 18 send personal information to us, we will use that information only to respond directly to that child to inform him or her that we must have parental consent before receiving his or her personal information.
International Travel Documents
A valid, unexpired US Passport is required for international travel. A passport is required for ALL travelers, including children and infants.
Passports must be valid for at least 6 months after the scheduled return date.
TravelBash Corp., is not responsible for the issuance of travel identification such as passports and/or visas. Travelers should ensure they have or have been approved for the appropriate documents before purchasing travel
Passengers with prior criminal convictions are responsible for ensuring that they are not restricted by the laws of the country to which they are traveling. For example, Passengers with DUI/DWI convictions may be prohibited from traveling to Canada. Passengers traveling without proper documentation or meeting destination requirements may be denied boarding or entry to an international destination and will not be entitled to a refund.
Important: For international travel, booking name must match your passport exactly (first, middle, last), no exceptions. For information regarding passport applications or renewals, please visit the U.S. Department of State website. TravelBash Corp., is not responsible for disruptions in your travel plans due to travelers providing incorrect information.
Visitors From Outside of the United States
Our website and the servers that make this website available worldwide are located in the United States. The Internet laws in the United States govern all matters relating to this website. Any information you provide in subscribing to our website or registering or ordering at our website will be transferred to the United States. By visiting our website and submitting information, you authorize this transfer, processing, and use.
Security
Private financial and other sensitive personal information is stored by us in secure areas and, in the case of electronic data, in databases that are password protected. Third parties such as travel suppliers to whom such information is transferred are also required to protect your personal information in a manner consistent with the laws.
Your particular travel or other arrangements may require the disclosure of your personal information to airlines, hotels and other suppliers or third parties who are not subject to the laws for residential, jurisdictional or other reasons. Foreign Suppliers may not be required to protect personal information in the same way or to the same extent as required by the laws. Our liability for the failure of any such Foreign Supplier to protect your personal information is specifically excluded. If you have any concern about the disclosure of personal information to a Foreign Supplier you should advise us in writing well in advance of any travel reservation or other arrangement being made with or involving such Foreign Supplier on your behalf.
Any questions about these terms may be directed through email to courtnie@travel-bash.com.
Terms Of Use
Please read these Terms of Use (“Terms of Use”) carefully before accessing or using this site (the “Site”). By accessing, browsing and/or using the Site, you agree to be bound by these Terms of Use. The information and services on the Site are provided by TRvLB (the “Agency”) and its suppliers, licensees and licensors, subject to your agreement to these Terms of Use, which apply equally to information and content which may be posted to this site by TravelBash Corporation and other affiliates, suppliers, licensors and licensees of the Agency. While the Agency makes all reasonable efforts to make sure all information on the Site is accurate and current, such accuracy and currency cannot be guaranteed and your reliance thereon is at your own risk. In addition, when using any services or applications available through the site, you shall be subject to any posted terms, conditions or guidelines applicable to such services or applications. All such guidelines are hereby incorporated by reference into these Terms of Use.
If you have any questions regarding these Terms of Use, please contact membership@trvlbclub.com.
Amendments to these terms
The Agency may discontinue, temporarily or permanently, all or any portion of the site and may modify or amend these Terms of Use at any time either by posting the amended terms on the Site or by providing notice directly to you. All amended terms will automatically be effective 30 days after they are initially posted on the Site. Accordingly, you agree to periodically review these Terms of Use, and your continued access to or use of the Site shall be deemed your acceptance of the Terms of Use as modified from time to time. These Terms may not be otherwise amended except in writing signed by you and the Agency.
COVID-19 Updates
TRVLB is taking many steps to thoroughly vet our hotel, airline, and other suppliers to ensure that they are taking all the necessary precautions and following the recommended guidelines from the Center for Disease Control and other governing authorities. However, an inherent risk of exposure to COVID-19 continues to exist in any public space where people are present. COVID-19 cases and deaths have been reported in all 50 states and across the globe and senior citizens and those with underlying medical conditions are especially vulnerable.
By traveling, you voluntarily assume all risks related to exposure to COVID-19 and any other airborne viruses. While we do our best to provide you with up to date information, we cannot be liable if you become sick or contract COVID-19 during travel and recommend each traveler to assess their level of risk tolerance. We urge you to check the latest guidance from the CDC, the State Department travel advisories, as well as review the individual supplier's websites before traveling (CDC: https://www.cdc.gov/coronavirus/2019- ncov/travelers/travel-in-the-us.html and State Department: https://covid19.state.gov/)
COVID-19 Disclosure
Below please find a list of situations related to Covid-19 you may or may not experience whilst traveling. By committing to travel you acknowledge that you understand and accept any measures put in place by the destination, airline, guiding company and/or hotel, without prior notice:
· Quarantines effected either in your travel destination or upon return
· Destinations requiring pre-arrival documentation
· Flight schedules changing
· Temperature taking or other medical policies put in place
· Mandatory mask and glove policies
· Interruption of inflight services
· Resorts operating with limited staff and occupancy levels
· Discontinuation of services without notice (room service, bars/restaurants, spa, gym, social areas, entertainment, activities, tours etc.)
· Mandatory curfews
· Any other measures as determined by resorts, airlines, and local governments
Because policies and procedures are beyond our control and are ever-changing, we recommend checking airline, resort, and government websites the days leading up to your trip.
Links to Other Websites
The Site may include links to other Internet sites solely as a convenience to you and other users. The Agency does not endorse, and is not responsible for, any such sites or the information, materials, products, services or opinions contained on or accessible through these sites. You may find such information, materials and services to be harmful, inaccurate, deceptive or inappropriate but you will not hold the Agency liable for such information. You are encouraged and advised to review the posted terms and conditions of all websites you visit.
Commercial Activities
Your correspondence or business dealings with, or participation in promotions of, or e-commerce through advertisers found on, the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings are solely between you and such advertiser. You agree that the Agency shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or a result of the presence of such advertisers on the Site.
Indemnification
You agree to indemnify, defend, and hold harmless the Agency, its affiliates, suppliers and licensors from and against any and all claims, actions, causes of action, suits, proceedings, demands, assessments, judgements, costs (including reasonably legal costs and other expenses incidental to the foregoing), damages or liability related to your violation of these Terms of Use.
Privacy
The Agency’s current Privacy Policy is available on this site and is hereby incorporated in these Terms of Use.
Changes to Site
The Agency and its suppliers and licensors may make improvements or changes in the information, services, products, and other materials on the Site, or terminate the Site, at any time without notice.
Proprietary Rights
All materials and information on the Site including, but not limited to, logos, information, graphics design, compilation, products, software and services (as well as the organization and layout of the site) are owned and copyrighted by the Agency or its suppliers or licensors and may be accessed, downloaded or printed for your personal non-commercial use only. You may not reproduce, copy, resell, display, sublicense or distribute any such materials in any form, including any online service, the Internet, or any other telecommunications medium that now exists or will exist in the future. Without the prior written permission of the Agency, you may not copy, distribute or transfer, or create derivative work based on, any material on the Site, in whole or in part.
Disclaimer of Warranty
THE AGENCY AND ITS SUPPLIERS, LICENSORS AND LICENSEES DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE SITE AND ALL INFORMATION, SERVICES AND MATERIALS CONTAINED IN THIS SITE, INCLUDING WITHOUT LIMITATIONS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THIS SITE AND ALL SUCH INFORMATION, SERVICES AND MATERIALS ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE WITHOUT WARRANTY OF ANY KIND.
Limitation of Liability
IN NO EVENT SHALL THE AGENCY OR ITS SUPPLIERS, LICENSEES OR LICENSORS BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, BUSINESS, DATA, OR PROFITS, OR FROM LITIGATION AND THE LIKE, WHETHER BASED ON BREACH OF CONTACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WITH RESPECT TO GOODS OR SERVICES PURCHASED DIRECTLY FROM THE AGENCY THROUGH THE SITE. THE AGENCY’S LIABILITY, IN ANY CASE, IS EXPRESSLY LIMITED TO REPLACEMENT OF DEFECTIVE GOODS OR SERVICES OR, AT THE AGENCY’S ELECTION, TO THE REPAYMENT OR CREDITING TO YOU OF ANY AMOUNT EQUAL TO THE PURCHASE PRICE OF THE GOODS OR SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THESE TERMS OF USE AND THE SITE WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS.
Some jurisdictions do not allow the foregoing limitations of liability, so the foregoing limitations may not apply to you. Without limiting other remedies, the Agency may immediately cease providing you access to the interactive portions of the site: (a) if you breach these Terms of Use; (b) if the Agency is unable to verify or authenticate any information you provide; or (c) if the Agency believes that your actions may cause legal liability for the Agency or harm to the Agency, the Agency will not be liable to you for termination of your access to the Site or any portion thereof for any reason.
The Agency assumes no responsibility or liability for any damages to, or viruses that may infect your computer equipment or other property in connection with your access to or use of this site, or your downloading of any data, text, images, files or other materials from this Site, nor for any modification, suspension or discontinuance of the Site.
FTC Disclaimer
In accordance with FTC guidelines, I disclose that I may be compensated if consumers choose to utilize the links located throughout the content on this site. Additionally, some posts might be sponsored or contain affiliate links to support this blog. Please do the appropriate research before participating in any third party offers. All opinions are my own.
Entire Agreement
These Terms of Use constitute the entire agreement between you and the Agency and govern your use of the Site, superseding any prior agreement between you and the Agency regarding the site including, but not limited to, any prior version of these Terms of Use.
Effective Date: October 1, 2020.
This Squarespace Data Processing Addendum forms part of, and is subject to the provisions of, the Squarespace Terms of Service. Capitalized terms that are not defined in this Data Processing Addendum have the meanings set forth in the Terms of Service.
1. Additional Definitions.
The following definitions apply solely to this Data Processing Addendum:
a. the terms “controller”, “data subject”, “personal data”, “process,” “processing” and “processor” have the meanings given to these terms in EU Data Protection Law.
b. “Breach” means a breach of the Security Measures resulting in access to Squarespace’s equipment or facilities storing Your Controlled Data and the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Your Controlled Data transmitted, stored or processed by Squarespace on your behalf and instructions through the Services.
c. “Content” means your User Content and any content provided to us from your End Users, including without limitation text, photos, images, audio, video, code, and any other materials.
d. “EU Data Protection Law” means any data protection or data privacy law or regulation of Switzerland or any European Economic Area (“EEA”) country applicable to Your Controlled Data, including, as applicable, the GDPR and the e-Privacy Directive 2002/58/EC.
e. “GDPR” means the EU General Data Protection Regulation 2016/679.
f. “Security Measures” means the technical and organizational security measures set out here.
g. “Sub-Processor” means an entity engaged by Squarespace to process Your Controlled Data.
h. “Your Controlled Data” means the personal data in the Content Squarespace processes on your behalf and instructions as part of the Services, but only to the extent that you are subject to EU Data Protection Law in respect of such personal data. Your Controlled Data does not include personal data when controlled by us, including without limitation data we collect (including IP address, device/browser details and web pages visited prior to coming to Your Site) with respect to your End Users’ interactions with Your Site through their browser and technologies like cookies.
2. Applicability.
This Data Processing Addendum only applies to you if you or your End Users are data subjects located within the EEA or Switzerland and only applies in respect of Your Controlled Data. You agree that Squarespace is not responsible for personal data that you have elected to process through Third Party Services or outside of the Services, including the systems of any other third-party cloud services, offline or on-premises storage.
3. Details of Data Processing.
3.1 Subject Matter. The subject matter of the data processing under this Data Processing Addendum is Your Controlled Data.
3.2 Duration. As between you and us, the duration of the data processing under this Data Processing Addendum is determined by you.
3.3 Purpose. The purpose of the data processing under this Data Processing Addendum is the provision of the Services initiated by you from time to time.
3.4 Nature of the Processing. The Services as described in the Agreement and initiated by you from time to time.
3.5 Type of Personal Data. Your Controlled Data relating to you, your End Users or other individuals whose personal data is included in Content which is processed as part of the Services in accordance with instructions given through your Account.
3.6 Categories of Data Subjects. You, Your End Users and any other individuals whose personal data is included in Content.
4. Processing Roles and Activities.
4.1 Squarespace as Processor and You as Controller. You are the controller and Squarespace is the processor of Your Controlled Data.
4.2 Squarespace as Controller. Squarespace may also be an independent controller for some personal data relating to you or your End Users. Please see our Privacy Policy and Terms of Service for details about this personal data which we control. We decide how to use and process that personal data independently and use it for our own purposes. When we process personal data as a controller, you acknowledge and confirm that the Agreement does not create a joint-controller relationship between you and us. If we provide you with personal data controlled by us, such as in any access to data regarding your End Users’ interactions with Your Site, you receive that as an independent data controller and are responsible for compliance with EU Data Protection Law in that regard.
4.3 Description of Processing Activities. We will process Your Controlled Data for the purpose of providing you with the Services, as may be used, configured or modified from within your Account (the “Purpose”). For example, depending on how you use the Services, we may process Your Controlled Data in order to: (a) enable you to integrate content or features from a social media platform on Your Site; or (b) email your End Users on your behalf.
4.4 Compliance with Laws. You will ensure that your instructions comply with all laws, regulations and rules applicable in relation to Your Controlled Data and that Your Controlled Data is collected lawfully by you or on your behalf and provided to us by you in accordance with such laws, rules and regulations. You will also ensure that the processing of Your Controlled Data in accordance with your instructions will not cause or result in us or you breaching any laws, rules or regulations (including EU Data Protection Law). You are responsible for reviewing the information available from us relating to data security pursuant to the Agreement and making an independent determination as to whether the Services meet your requirements and legal obligations as well as your obligations under this Data Processing Addendum. Squarespace will not access or use Your Controlled Data except as provided in the Agreement, as necessary to maintain or provide the Services or as necessary to comply with the law or binding order of a governmental, law enforcement or regulatory body.
5. Our Processing Responsibilities.
5.1 How We Process. We will process Your Controlled Data for the Purpose and in accordance with the Agreement or instructions you give us through your Account. You agree that the Agreement and the instructions given through your Account are your complete and final documented instructions to us in relation to your Controlled Data. Additional instructions outside the scope of this Data Processing Addendum require prior written agreement between you and us, including agreement on any additional fees payable by you to us for carrying out such instructions. We will promptly inform you if, in our opinion, your instructions infringe applicable EU Data Protection Law, or if we are unable to comply with your instructions. We will notify you when applicable laws prevent us from complying with your instructions, except if such disclosure is prohibited by applicable law on important grounds of public interest, such as a prohibition under law to preserve the confidentiality of a law enforcement investigation or request.
5.2 Notification of Breach. We will provide you notice without undue delay after becoming aware of and confirming the occurrence of a Breach for which notification to you is required under applicable EU Data Protection Laws. We will, to assist you in complying with your notification obligations under Articles 33 and 34 of the GDPR, provide you with such information about the Breach as we are reasonably able to disclose to you, taking into account the nature of the Services, the information available to us and any restrictions on disclosing the information such as for confidentiality. Our obligation to report or respond to a Breach under this Section is not and will not be construed as an acknowledgement by Squarespace of any fault or liability of Squarespace with respect to the Breach. Despite the foregoing, Squarespace’s obligations under this Section do not apply to incidents that are caused by you, any activity on your Account and/or Third-Party Services.
5.3 Notification of Inquiry or Complaint. We will provide you notice, if permitted by applicable law, upon receiving an inquiry or complaint from an End User, or other individual whose personal data is included in your Content, or a binding demand (such as a court order or subpoena) from a government, law enforcement, regulatory or other body in respect of Your Controlled Data that we process on your behalf and instructions.
5.4 Reasonable Assistance with Compliance. We will, to the extent that you cannot reasonably do so through the Services, your Account or otherwise, provide reasonable assistance to you in respect of your fulfillment of your obligation as controller to respond to requests by data subjects under Chapter 3 of the GDPR, taking into account the nature of the Services and information available to us. You will be responsible for our reasonable costs arising from our provision of such assistance.
5.5 Security Measures. We will maintain the Security Measures. We may change these Security Measures but will not do so in a way that adversely affects the security of Your Controlled Data. We will take steps to ensure that any natural person acting under our authority who has access to Your Controlled Data does not process it except on our instructions, unless such person is required to do so under applicable law, and that personnel authorized by us to process Your Controlled Data have committed themselves to relevant confidentiality obligations or are under an appropriate statutory obligation of confidentiality.
5.6 Sub-Processors. You agree that we can share Your Controlled Data with Sub-Processors in order to provide you the Services. We will impose contractual obligations on our Sub-Processors, and contractually obligate our Sub-Processors to impose contractual obligations on any further sub-contractors which they engage to process Your Controlled Data, which provide the same level of data protection for Your Controlled Data in all material respects as the contractual obligations imposed in this Data Processing Addendum, to the extent applicable to the nature of the Services provided by such Sub-Processor. A list of our current Sub-Processors is available upon request by sending an email to privacy@squarespace.com. Provided that your objection is reasonable and related to data protection concerns, you may object to any Sub-Processor by sending an email to privacy@squarespace.com. If you object to any Sub-Processor and your objection is reasonable and related to data protection concerns, we will use commercially reasonable efforts to make available to you a means of avoiding the processing of Your Controlled Data by the objected-to Sub-Processor. If we are unable to make available such suggested change within a reasonable period of time, we will notify you and if you still object to our use of such Sub-Processor, you may cancel or terminate your Account or, if possible, the portions of the Services that involve use of such Sub-Processor. Except as set forth in this Section 5.6, if you object to any Sub-Processors, you may not use or access the Services. You consent to our use of Sub-Processors as described in this Section 5.6. Except as set forth in this Section 5.6 or as you may otherwise authorize, we will not permit any Sub-Processor to access Your Controlled Data. Squarespace will remain responsible for its compliance with the obligations of this Data Processing Addendum and for any acts or omissions of any Sub-Processor or their further sub-contractors that process Your Controlled Data and cause Squarespace to breach any of Squarespace’s obligations under this Data Processing Addendum, solely to the extent that Squarespace would be liable under the Agreement if the act or omission was Squarespace’s own.
5.7 Squarespace Audits. Squarespace may (but is not obliged to) use external or internal auditors to verify the adequacy of our Security Measures.
5.8 Customer Audits and Information Requests. You agree to exercise any right you may have to
conduct an audit or inspection by instructing Squarespace to carry out the audit described in Section 5.7.
You agree that you may be required to agree to a non-disclosure agreement with Squarespace before we
share any such report or outcome from such audit with you and that we may redact any such reports as
we consider appropriate. If Squarespace does not follow such instruction or if it is legally mandatory for
you to demonstrate compliance with EU Data Protection Law by means other than reviewing a report
from such an audit, you may only request a change in the following way:
a. First, submit a request for additional information in writing to Squarespace, specifying all details required to enable Squarespace to review this request effectively, including without limitation the information being requested, what form you need to obtain it in and the underlying legal requirement for the request (the “Request”). You agree that the Request will be limited to information regarding our Security Measures.
b. Within a reasonable time after we have received and reviewed the Request, you and we will discuss and work in good faith towards agreeing on a plan to determine the details of how the Request can be addressed. You and we agree to use the least intrusive means for Squarespace to verify Squarespace’s compliance with the Security Measures in order to address the Request, taking into account applicable legal requirements, information available to or that may be provided to you, the urgency of the matter and the need for Squarespace to maintain uninterrupted business operations and the security of its facilities and protect itself and its customers from risk and to prevent disclosure of information that could jeopardize the confidentiality of Squarespace or our users’ information.
You will pay our costs in considering and addressing any Request. Any information and documentation
provided by Squarespace or its auditors pursuant to this Section 5.8 will be provided at your cost. If we
decline to follow any instruction requested by you regarding audits or inspections, you may cancel any affected Paid Services.
5.9 Questions. Upon your reasonable requests to us for information regarding our compliance with the obligations set forth in this Data Processing Addendum, we shall, where such information is not otherwise available to you, provide you with written responses, provided that you agree not to exercise this right more than one (1) time per calendar year (unless it is necessary for you to do so to comply with EU Data Protection Law). The information to be made available by Squarespace under this Section 5.9 is limited to solely that information necessary, taking into account the nature of the Services and the information available to Squarespace, to assist you in complying with your obligations under the GDPR in respect of data protection impact assessments and prior consultation. You agree that you may be required to agree to a non-disclosure agreement with Squarespace before we share any such information with you.
5.10 Requests. You can delete or access a copy of some of Your Controlled Data through your Account. For any of Your Controlled Data which may not be deleted or accessed through your Account, upon your written request, we will, with respect to any of Your Controlled Data in our or our Sub-Processor’s possession that we can associate with a data subject, subject to the limitations described in the Agreement and unless prohibited by applicable law or the order of a governmental, law enforcement or regulatory body: (a) return such data and copies of such data to you provided that you make such request within no more than ninety (90) days after the cancellation of the applicable Paid Services; or (b) delete, and request that our Sub-Processors delete, such data (excluding in the case of (a) or (b) any of such data which is archived on back-up systems, which we shall securely isolate and protect from any further processing, except to the extent required by applicable law). Otherwise, we will delete Your Controlled Data in accordance with our data retention policy. This Section 5.10 does not apply to personal data held by Third Party Services.
6. Data Transfers.
You authorize us to transfer Your Controlled Data away from the country in which such data was originally collected. In particular, you authorize us to transfer Your Controlled Data to the US. We will transfer Your Controlled Data to outside the EEA using the Swiss-U.S. and EU-U.S. Privacy Shield Frameworks or another lawful data transfer mechanism that is recognized under EU Data Protection Law as providing an adequate level of protection for such data transfers.
7. Liability.
The liability of each party under this Data Processing Addendum is subject to the exclusions and limitations of liability set out in the Agreement. You agree that any regulatory penalties or claims by data subjects or others incurred by Squarespace in relation to Your Controlled Data that arise as a result of, or in connection with, your failure to comply with your obligations under this Data Processing Addendum or EU Data Protection Law shall reduce Squarespace’s maximum aggregate liability to you under the Agreement in the same amount as the fine and/or liability incurred by us as a result.
8. Conflict.
In the event of a conflict between this Data Processing Addendum and the Terms of Service, this Data Processing Addendum will control.
9. Miscellaneous.
You are responsible for any costs and expenses arising from Squarespace’s compliance with your instructions or requests pursuant to the Agreement (including this Data Processing Addendum) which fall outside the standard functionality made available by Squarespace generally through the Services.