Last updated: January 1, 2020
At Viator, we recognize that earning and retaining your trust is one of the most important things we do as a business. Protecting your privacy is a responsibility we take very seriously.
Who We Are
Viator, Inc. (doing business as both "Viator" and "Tripadvisor Experiences" and referred to in these terms as "Viator", "we", "our", "us") is a Delaware corporation, with offices located at 360 Third Street, 4th Floor, San Francisco, California, 94107, USA. Viator operates a service that enables users to research, find, and book travel experiences worldwide. Viator's services are made available through Viator.com (and related domains and our affiliated websites around the world as well as Applications and telephone services.
- Viator.com (together with other Viator-branded websites) is our flagship website, where we make available our complete range of products and services directly to consumers.
- At Viator we also work with hundreds of affiliates who distribute our products and services to consumers through their individual websites and via a Viator widget imbedded on their third party websites. We typically host our affiliates' product-information and booking pages, and manage payment and credit card information.
- We also work with distributors (as discussed below) who manage the hosting, purchase and payment for our suppliers' products and services.
If you provide personal data directly to our affiliates, distributors or suppliers, the terms of their respective privacy policies will apply to such disclosures. You should carefully review the privacy policies of the affiliate partner, distributor or supplier prior to providing personal data to such third parties. See "Our Affiliates, Distributors and Suppliers" below for additional information.
Collection of your personal data
In the course of our business, we collect and process personal data in different ways. We may collect personal data you give us directly but we also collect data by logging how you interact with our services, for example by using cookies on this website. We may also receive personal data from third parties.
The personal data we collect about you may include, but is not limited to: your name, email address, postal address, phone number, billing information, survey responses, reservation details and other information you may provide about yourself to our site, your IP address and web browser software.
You can choose not to provide personal data to us, but in general some personal data about you is required in order for you to receive relevant offerings from Viator and its partners, and to enjoy benefits of being a registered member.
- Information that you provide to us: We receive and store any personal data you enter on our websites or give us in any other way, including your contributions. For example, in order to purchase products or services, it is necessary for you to disclose personal data, including your name, address (partial or whole), email address, phone number, credit card details and other personally identifying information. If you do not provide personal data when purchasing one of our supplier's products or services, we cannot confirm your purchase or facilitate your booking. In some instances we may also ask for travel documentation, such as passports, demographic data, including your country of residence, gender, age, travel habits, etc.
- Information about others: You may have the opportunity to provide contact and travel-related information for other people through our websites. If you "Refer a Friend" or if you purchase products or services for someone else through Viator, you will need to submit that individual's personal data. You must obtain the consent of other individuals prior to providing us with their personal data.
- Automatic Information: We automatically collect certain information from your computer or mobile device when you visit Viator.com or any of our affiliates' web pages that are hosted by us. For example, we collect your IP address, web browser software, and referring website. To help us analyze the usage of our websites and related services, and to send more relevant communications to you, we also collect and keep track of your online activity, such as content viewed, pages visited, and searches and/or reservations facilitated or made.
- Location Information and Other Information from Devices: When you use an Application on a mobile device, we will collect and use information about you in generally similar ways and for similar purposes as when you use the Viator website. In addition, we may collect information about your location with your consent if your Device has been configured to send such information to the Application via the privacy settings on that Device, or if you have uploaded photos tagged with location information. For example, we may use your location to show you tours or excursions near you when you are travelling. You can change the privacy settings of your Device at any time in order to turn off the functionality to share location information with the Application and/or the functionality to tag your photos with location information. Please note that turning off location sharing may affect certain features of our Application. If you have any queries about the privacy settings of your Device, we suggest you contact the manufacturer of your Device or your mobile service provider for help.
How we use your personal data
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
- Where we need to perform the contract we are about to enter into or have entered into with you.
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
- With your consent.
- Where we need to comply with a legal or regulatory obligation.
We may send to you marketing emails with information about Viator deals, destination and product news, offers, competitions, and other special promotions that we believe that you will find valuable, interesting or informative.
You will receive marketing messages from us if you have given your consent, if you have requested them, or if you purchased goods or services from us and you have not opted out of receiving marketing messages.
If you are no longer interested in receiving future email marketing communications from Viator, you have several choices for opting out of future mailings, you may unsubscribe at any time by following the directions and link included in each email marketing message we send.
Please note that, even if you opt out of receiving future marketing communications from Viator, we will continue to send to you emails regarding your purchases and bookings, and regarding administrative and service-related information such as changes to our terms, conditions and policies. We reserve the right to send you other communications, including service announcements, administrative messages, and surveys relating either to your Viator account, without offering you the opportunity to opt out of receiving them.
How long will we retain your personal data
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure or your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
Cookies and other web technologies
We collection personal data via cookies and similar technologies. "Cookies" are pieces of information that are stored by your web browser on your computer's hard disk, for record-keeping purposes.
You will also find more information about cookies in general, including how to see what cookies are installed on your (mobile) device and how to manage and delete them on www.allaboutcookies.org and http://www.youronlinechoices.com/.
You can check, supplement and update the information you have provided to us, or you can choose to close your account at any time, in each case by contacting us at firstname.lastname@example.org. If you decide to close your account, we will deactivate it, and delete your profile information and your reviews from view. We will send you an email to confirm your request. Remember that once your account is closed, you will no longer be able to login, access your personal information. You can however, open a new account at any time.
You can change your marketing preferences at any time.
We may offer members the option to save information related to method and choice of payment on our websites. If you save such payment details on Viator, you will be able to add, delete, or modify that information at any time in your account settings.
In accordance with applicable law, you may also have the right of access, the right of rectification, the right to erasure, the right to restriction of processing, the right to data portability and the right to object. Please find below more details and information on how and when you may be able to exercise your rights. Where such rights exist, we will respond to your request within one month, but have the right to extend this period with two months.
In accordance with applicable law, you may have the following rights with regard to your personal data:
- The right to request access to your personal data. This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
- The right to request to correct your data if they are inaccurate. You may also supplement any incomplete data we have, taking into account the purposes of the processing.
- The right to request deletion of your personal data if:
- your personal data is no longer necessary for the purposes for which we collected or processed them; or
- you withdraw your consent if the processing of your personal data is based on consent and no other legal ground exists; or
- you object to the processing of your personal data and we do not have an overriding legitimate ground for processing; or
- your personal data is unlawfully processed; or
- your personal data has to be deleted for compliance with a legal obligation.
- The right to object to the processing of your personal data. We will comply with your request, unless we have a compelling overriding legitimate interest for processing or we need to continue processing your personal data to establish, exercise or defend a legal claim.
- The right to restrict the processing of personal data, if:
- the accuracy of your personal data is contested by you, for the period in which we have to verify the accuracy of the personal data; or
- the processing is unlawful and you oppose the deletion of your personal data and requests restriction; or
- we no longer need your personal data for the purposes of processing, but your personal data is required by you for legal claims; or
- you have objected to the processing, for the period in which we have to verify overriding legitimate grounds.
- The right to data portability. You may requests us to receive the personal data that concern you. You may also request us to send this personal data to a third party, where feasible. You only have this right if it regards personal data you have provided to us, the processing is based on consent or necessary for the performance of a contract between you and us, and the processing is done by automated means.
You can exercise your rights by filing a request by e-mail to email@example.com.
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
How we protect your personal data
At Viator we seek to maintain the integrity and security of your personal data. We have implemented and maintain appropriate physical, administrative, technical, and organisational measures to protect the personal data you provide us against unauthorized or unlawful access, use of disclosure, and against accidental loss, damage, alteration or destruction.
We seek to store your personal data in secure operating environments that are not accessible to the general public, and to have security measures in place at our physical facilities to protect against the loss, misuse or alteration of your personal data by our employees or third parties.
However, no data transmission over the internet or data storage environment can be guaranteed to be 100% secure, so we cannot give an absolute assurance that the personal data you provide to us will be secure at all times. Viator will rely on you telling us if you experience any unusual events that may indicate a breach in your information security. We will then seek to investigate whether this was related to the data transmissions from or to Viator and let you know what steps can be taken and have been taken to help rectify the problem.
Information concerning minors
Viator is a general audience site and does not offer services directed to children. Should an individual whom we know to be a child under age 13 send personal information to us, we will delete or destroy such information as soon as reasonably possible.
California Privacy Rights
California Consumer Privacy Act Privacy Statement (“CCPA Statement”)
This CCPA Statement is provided pursuant to the California Consumer Privacy Act (“CCPA”) and applies to California residents and contains additional disclosures and rights.
Your rights under CCPA
As of January 1 2020, California law permits residents of California to request certain details about how their personal information is shared with third-parties or affiliated companies for direct marketing purposes.
California residents may also take advantage of the following rights:
- You may request, up to two times each year, that we disclose to you the categories and specific pieces of personal information that we have collected about you, the categories of sources from which your personal information is collected, the business or commercial purpose for collecting your personal information, the categories of personal information that we disclosed for a business purpose, any categories of personal information that we sold about you, the categories of third-parties with whom we have shared your personal information, and the business or commercial purpose for selling your personal information, if applicable.
- You may request that we delete any personal information that we have collected from or about you. As described in more detail above, there are some reasons we will not be able to fully address your deletion request, such as if we need to complete a transaction for you, to detect and protect against fraudulent and illegal activity, to exercise our rights, or to comply with a legal obligation.
- You may request to opt out of our sale of your personal information to third-parties for their direct marketing purposes. This means that, if you opt out, going forward, we will not share your information with such third-parties to use for their purposes unless you later direct us to do so. To effect the opt out, please click on the Do Not Sell My Personal Information link on our website footer or submit a request in writing to the contact information below.
To take advantage of any of these rights, please contact us at: firstname.lastname@example.org. We may need to verify your identity to enable us to process your request. We value your privacy and will not discriminate in response to your exercise of privacy rights. We will respond to your request within 45 days of receipt of your request, after proper verification, unless we need additional time, in which case we will let you know.
For purposes of compliance with the CCPA, in addition to the further details as described in the Statement, we make the following disclosures:
- We collect the following categories of personal information: Identifiers/Contact Information, transactional information, Internet or other electronic network activity information, geolocation, visual and audio information, and inferences drawn from the above.
- We sell the following categories of personal information: Identifiers/Contact Information, Internet or other electronic network activity information, and inferences drawn from the above.
- We disclose the following categories of personal information for a business purpose: Identifiers/Contact Information, commercial information, Internet or other electronic network activity information, geolocation, visual and audio information, and inferences drawn from the above.
Whenever we store or transfer your personal data outside the European Economic Area, we will do so in accordance with applicable law and we will ensure a similar degree of protection is afforded to it by implementing appropriate safeguards. Transfers of personal data are made:
- to a country recognised by the European Commission as providing an adequate level of protection, or;
- to a country which does not offer adequate protection but whose transfer has been governed by the standard contractual clauses of the European Commission or by implementing other appropriate cross-border transfer solutions to provide adequate protection.
How you can contact us
If you have any questions or complaints about the processing of your personal data by us, please contact our Privacy Officer at email@example.com. You also have the right to lodge a complaint to the supervisory authority about the way we process your personal data. We would, however, appreciate the chance to deal with your concerns before you approach the supervisory authority, so please contact us in the first instance.
360 Third Street, 4th Floor
In accordance with applicable law we have appointed a representative within the European Union. The contact details of our representative are: