Last modified: January 01, 2016
1.1 “Personal Information” means information relating to a living individual who is or can be identified either from that information or from that information in conjunction with other information that is in, or is likely to come into, the possession of VIVAster;
1.3 “Service” means any kind of touristic services, such as sightseeing tours, leisure activities, all related properties, accommodations, other lodgings, transportation or travel services and any other service offered by Suppliers and listed on the Website;
1.4 “Supplier” means an individual or a company (a physical or a legal person) that has made his Services available for booking on the Website;
1.5 “Website” means the www.vivaster.com website and/or any other platform that VIVAster shall make available for advertisement and booking of the Services.
2Who VIVAster is
2.1 VIVAster Limited is a limited liability company registered in the Republic of Ireland, company number 537671, with its registered address at Blair House, Upper O'Connell Street, Ennis, Co. Clare, Republic of Ireland (“VIVAster”).
2.2 VIVAster will at all times only collect and process your personal information in accordance with the applicable data protection legislation.
4What Personal Information VIVAster collects and how
4.1 Personal Information that you provide to VIVAster. VIVAster may collect, store and use certain Personal Information, including your title, name, address, e-mail address, birthday, phone number, that you disclose when you:
4.1.1 use the Website (e.g. by filling out a form, registering an account, booking Suppliers’ Services, paying for Suppliers’ Services, leaving a comment or review of Suppliers’ Services or the Website),
4.1.2 contact VIVAster by using the Website messaging system, by email, telephone or post;
4.1.3 contact the Suppliers by using the Website messaging system; or
4.1.4 report a problem with the Website.
4.2 Personal Information does not include your banking/credit card information. When you pay for the Service booked through the Website you may be required to enter your banking/credit card information. This information is not received, stored or processed by VIVAster. It will be processed by a trusted third-party payment service provider. VIVAster does not accept any responsibility or liability in relation to such payment service provider’s policies and the use they make of your banking/credit card information.
4.3 Your Personal Information that VIVAster collects automatically. Each time you visit the Website VIVAster may automatically collect the following Personal Information:
4.3.1 technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
4.3.2 full Uniform Resource Locators (URL) clickstream to, through and from this Website (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page; and
4.3.3 any phone number used to call our customer service number.
4.4 If you access the Website through a mobile device or other device that has a location-tracking function, VIVAster may also automatically collect your location information. If you do not want your device to provide VIVAster with location-tracking information, you can disable the GPS or other location-tracking functions on your device, provided that your device allows you to do this.
4.5 VIVAster may grant third parties a right to collect anonymous usage or statistical data through your use of the Website. These third parties may collect similar information about your online activities over time and across third party websites through your use of our Website.
4.6 Your Personal Information that VIVAster receives from other sources. VIVAster may receive your Personal Information from third parties that it works with (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies).
4.7 You may also use your account on a third party website (e.g. a social network, such as Facebook) to log into your VIVAster account. In this case VIVAster will obtain the Personal Information that you have provided to the third party website, to the extent allowed by your settings with the third party website and authorized by you. This Personal Information may be stored, processed and transmitted to third parties for fraud prevention and risk assessment purposes.
5.2 There are two types of cookies used on the Website, namely “persistent cookies” and “session cookies”.
5.3 What VIVAster uses the cookies for. VIVAster uses the cookies for the following purposes:
5.3.1 to ameliorate, streamline, monitor and maintain the Website and all its functionalities;
5.3.2 to ease the access to the Website and to make it more seamless;
5.3.3 to analyse the performance, the functionality and operation of the Website;
5.3.4 to show you the content that is more relevant to you;
5.3.5 to improve the quality of the Website’s user experience.
5.5 Third-party cookies. VIVAster also uses third-party cookies and other similar technologies on the Website. Information collected by such third-party cookies and similar technologies may be transmitted by VIVAster to business partners and its related companies or other contractors. In this regard, you agree and acknowledge the following:
5.5.2 VIVAster may use third-party tracking and analysis services for the purpose of allowing a better customer service and to undertake product development, market research, fraud and risk assessment investigation and to enable you to fully access and take advantage of the services provided by the Website;
5.5.3 VIVAster may also allow third parties (e.g. business partners and social networks) to have their own cookies placed on your device through the Website, for the purpose of advertising the Website and advertising third-party services on the Website, in order to provide you with the advertisements that are most relevant for you. Examples include using Google Analytics for web analytics, so that Google may also set cookies on your devices. Also, Facebook places cookies on the Website to allow the collection of Personal Information for the purpose of improving their own services.
5.6 VIVAster may make use of other technologies and methods having functionalities similar to cookies (e.g. tracking URLs to obtain log data about users and web beacons).
6How your Personal Information is used
6.1 By using the Website or purchasing any Service through the Website, you agree that your Personal Information may be used by VIVAster, and by third party chosen by VIVAster, for any of the following purposes:
6.1.1 to provide you with a personalised browsing experience when using the Website;
6.1.2 to fulfil any contractual agreements between you and VIVAster (for example when you place an order for Services through the Website);
6.1.3 to send you details (including by post, phone, e-mail or SMS) of other Services or products which VIVAster thinks may interest you, where you have consented to this and share your Personal Information with third parties for this purpose, unless you inform VIVAster that you do not want to receive these communications;
6.1.4 to comply with legal and regulatory requirements and to resolve any disputes that VIVAster may have with any of the Website’s users, and enforce VIVAster’s agreements with third parties;
6.1.5 to manage any account that you hold with VIVAster;
6.1.6 to assess, operate and improve the Website and the services provided through it;
6.1.7 to ensure that content from the Website is presented in the most effective manner for you and for your device;
6.1.8 to notify you about changes to the Website or other VIVAster’s services; and
6.1.9 to create and maintain a trusted and safe environment on the Website, as also through fraud detection and prevention, conducting investigations and risk assessments and alike and to conduct checks on databases such as public government databases.
6.2 In addition to the use of your Personal Information described above, VIVAster may also use your Personal Information to create anonymous data for market profiling purposes that may be used by VIVAster and shared with its group of companies or third parties.
6.3 VIVAster will not share your Personal Information with third parties in order for that third party to provide direct marketing communications to you, unless it relates to a specific activity which VIVAster is undertaking with a third party (e.g. a competition) and you have provided your consent for such use. Such activity will have its own terms and conditions relating to the way in which your Personal Information may be used.
6.4 In respect to your use of third party plugins that are present on the Website, you acknowledge that you may send your Personal Information through their use and that such plugins may have their own privacy policies, to which VIVAster is not bound and bears neither liability nor security obligations.
6.5 Your Personal Information will be retained by VIVAster for a period of time not longer than what is reasonably necessary to allow VIVAster to fulfil the legitimate purposes of Personal Information collection and processing, as provided for in this Article 6.
7Disclosures of your Personal Information
7.1 VIVAster may share your Personal Information with any member of its group, which means its subsidiaries, VIVAster’s ultimate holding company and its subsidiaries, including any directors and employees thereof.
7.2 VIVAster may share your Personal Information with selected third parties including:
7.2.1 customers, business partners, suppliers and sub-contractors for the performance of any contract (e.g. for the fulfilment of your booking) VIVAster enters into with them or you; and
7.2.2 analytics and search engine providers that assist VIVAster in the improvement and optimisation of the Website.
7.3 VIVAster may also disclose your Personal Information to third parties in the following events:
7.3.1 if VIVAster were to sell, assign or buy any business or assets, or if VIVAster undergoes bankruptcy or reorganization, VIVAster may disclose your Personal Information to the prospective seller or buyer of such business or assets or other interested parties;
7.3.2 if VIVAster or substantially all of its assets are acquired by a third party, in which case Personal Information held by VIVAster will be one of the transferred assets; and
7.3.3 if VIVAster is under a duty to disclose or share your Personal Information in order to comply with any legal obligation, or in order to enforce or apply the Terms and Conditions http://vivaster.com/pages/terms and other agreements; or to protect the rights, property, or safety of VIVAster, the customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
7.4 VIVAster may also contract with third parties located outside the European Economic Area (EEA) for the performance of services related to the operation of the Website and/or to VIVAster’s businesses, such as services for checking your identification and running checks on public or governmental databases. In connection with the performance of such services, VIVAster may disclose all or part of your Personal Information to these third parties, in which case it will use its best efforts to ensure that such third parties have the obligation to protect your Personal Information and do not use it for unrelated purposes.
7.5 Disclosure of your Personal Information may also happen in case VIVAster has to respond to claims asserted against it and in case VIVAster will pursue the judicial protection of any of its rights, property or personal safety, including, but not limited to, for the purpose of enforcing and administering VIVAster’s agreements with customers and Suppliers.
7.6 VIVAster may also publish, disclose and use aggregated information (e.g. information about the Website’s users or specific groups or categories of users that VIVAster combines together and which does not include the users’ Personal Information) and non-personal information for industry analysis, demographic profiling, marketing and advertising, and other business purposes.
8Where does VIVAster store your Personal Information
8.2 Vivaster’s steps aimed at ensuring the adequate protection of your Personal Information in cases of transfer outside the EEA include the incorporation of appropriate contractual clauses in Vivaster’s agreements with any third parties so as to put in place adequate safeguards with respect to the protection of your privacy and fundamental rights and freedoms and as regards the exercise of the corresponding rights. In particular, when your Personal Information is transferred from Switzerland to the United States of America, Vivaster requests that the receiving party abide to and self-certify under the U.S.-Swiss Safe Harbor Principles (available at http://export.gov/safeharbor/swiss/).
8.3 All information you provide to VIVAster is stored on VIVAster’s secure servers. All payments are provided through a trusted third-party payment service provider. Please see their terms and conditions for further information on the way they treat your payment details.
8.4 Where VIVAster has given you (or where you have chosen) a password which enables you to access certain parts of the Website, you are responsible for keeping this password confidential.
8.5 Unfortunately, the transmission of information via the internet is not completely secure. Although VIVAster will do its best to protect your Personal Information, VIVAster cannot guarantee the security of your Personal Information transmitted to the Website; any transmission is at your own risk. Once VIVAster has received your information, VIVAster will use strict procedures and security features to try to prevent unauthorised access.
9Your privacy rights
9.1 You have the right to contact VIVAster (see Article 12 below) in order to find out what Personal Information VIVAster holds about you (please note that a small fee may be payable) or to access or correct any Personal Information VIVAster holds about you. If you reside in the EU, you may request in writing copies of your Personal Information held by VIVAster. Please note that a fee may be payable in this case. You can also modify and cancel part of your Personal Information by way of accessing your account on the Website and making the desired amendments.
9.2 If you believe that VIVAster does not have a legitimate reason for retaining your Personal Information you may contact VIVAster (see Article 12 below) and request that it be erased.
9.3 You may also contact VIVAster to inform VIVAster if you do not wish to receive any marketing materials from VIVAster.
9.4 This Website may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that VIVAster does not accept any responsibility or liability in relation to their policies and the use they make of your Personal Information.
9.5 Cancellation or deactivation of your VIVAster account. If you want to stop using your VIVAster account, you can either delete or deactivate it.
9.5.1 You may cancel your VIVAster account via the specific feature of the Website or by sending an email to VIVAster (see Article 12 below).When you cancel your account, it is permanently cancelled by the Website and neither you nor VIVAster will have access to it anymore. You acknowledge that the deletion of your account may take several days and that it does not oblige VIVAster to surrender or delete all of your Personal Information or data, which may still be used by VIVAster for accounting purposes, for the judicial protection of its rights, property or personal safety and for enforcement and administration of VIVAster’s agreements with customers and Suppliers.
9.5.2 You may deactivate your VIVAster account via the specific feature of the Website or by sending an email to VIVAster (see Article 12 below). When you deactivate your account it will put your account on hold, so that you will be able to resume it after deactivation. In this case, VIVAster will not delete any of your Personal Information or data.
10.1 In accordance with the applicable data protection law, VIVAster will adopt appropriate security procedures to help prevent accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, and other forms of unlawful processing of your Personal Information. VIVAster takes its security responsibilities seriously, employing the most appropriate physical and technical measures, including staff training and awareness and it reviews these measures regularly.