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Switchfly, Inc Privacy Policy

What Does This Privacy Policy Cover?

This Privacy Policy describes how Switchfly, Inc. (“Switchfly”) collects, uses, transfers and discloses personally identifiable information (“Personal Information”) that we may obtain about you through our website located at www.switchfly.com (“Website”). This Privacy Policy does not cover our use of information collected through any other means. By using the Website, you acknowledge that you accept the practices and policies outlined in this Privacy Policy.

This Privacy Policy does not apply to or govern the practices of third party companies or websites that use Switchfly products or services, that can be accessed through links contained on the Website, or that Switchfly does not own or control. We are not responsible or liable for the policies and practices followed by third parties. We encourage you to read the privacy statements of these companies or websites as their privacy statement may differ from ours.

Switchfly knows that you care about how your Personal Information is used and shared, and we take your privacy seriously. If you have questions or concerns regarding this Privacy Policy, you should contact Switchfly by email at privacy@switchfly.com.

Personally Identifiable Information We Collect

The information Switchfly obtains from you is generally necessary or useful for Switchfly to provide the services or information you have requested, and is provided directly by you in response to our request for the information. In connection with the services Switchfly provides, we may ask you to provide your name, physical address, ZIP code, phone number, e-mail address, and services received or requested. Your submission of such information online is deemed your consent to Switchfly’s use of the information as contemplated in this Privacy Policy.

Use of Your Personal Information

Switchfly uses your Personal Information obtained through the Website to provide the services or information you have requested, to personalize your experience on the Website, to provide customer support, to improve the Website, and for other legitimate business purposes. Switchfly does not currently use your Personal Information to conduct direct marketing, but may do so in the future.

When We SharePersonal Information

Switchfly does not share, sell, rent or trade your Personal Information with third parties for their own promotional purposes. Switchfly will not share your Personal Information with other organizations except as set forth in this Privacy Policy. Switchfly occasionally hires other companies to provide services on its behalf, which include or may include providing customer support, processing transactions, or performing statistical analysis of the Website or our services. We may provide Personal Information to these third parties, but we authorize them to use this Personal Information only in connection with the services they perform on our behalf, and for no other purpose. In addition, such parties are bound by contract to establish reasonable measures to protect your Personal Information from unauthorized access, use or disclosure.

Switchfly may also access and/or disclose your Personal Information to protect our rights or property, to enforce our terms of use and legal notices, as required or permitted by law, or at the request of government regulators or other law enforcement officials and the courts (including the issuance of a valid subpoena). We shall have no duty to notify you of such compliance with the law. We may also access and/or disclose your Personal Information in connection with the sale of all or substantially all of our assets to which the Website relates.

We maintain reasonable technical and organizational measures to protect Personal Information against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access. Unfortunately, no information security system can be 100% secure. As a result, although we strive to protect your Personal Information, we cannot ensure or warrant the security of the Personal Information against any possible loss or unauthorized access.

The Website and our services are hosted on servers located in the United States. If you are located in a non-U.S. jurisdiction, please note that your Personal Information will be transferred to the United States, a jurisdiction that may not provide an equivalent level of data protection to the laws in your home country.

Other Information We Collect

Some information may automatically be collected as you browse the Website. Our Website server automatically collects information such as the domain name of the service providing you with Internet access, the Internet protocol (IP) address used to connect your computer to the Internet, the average time spent on the Website, pages viewed, information searched for, access times, and other relevant statistics.

We also use cookies on the Website. A cookie is a small data file that websites commonly write to a website visitor's hard drive when a site is visited. A cookie file contains information that can identify a return visitor each time he or she visits the Website. The Website may use cookies as a way to measure activity and traffic patterns on the Website in order to continually improve the visitor's experience. A browser can be set to warn the users before accepting cookies. Users can choose to refuse cookies by turning them off in the browser. Users do not need to have cookies turned on to visit the Website.

Your Choices

We do not collect personally identifiable information about you on the Website without your knowledge, and all such information is collected directly from you. You are not required to provide us with this information, but if you choose not to, you may not be able to participate in some of the activities or received some of the benefits available on the Website or through our services.

You may opt-out of receiving direct marketing email or messages from Switchfly at any time by notifying us via email at privacy@switchfly.com. You may also opt-out by responding to the optout option included with any direct marketing email or message that we send.

Access to Your Personal Information

You can access, correct and update your Personal Information by emailing us at privacy@switchfly.com.

Changes to this Privacy Policy

If we make any material changes to this Privacy Policy, we will post a revised link on the Website that notifies visitors of the change. You should check the Website periodically to see if any recent changes to this Privacy Policy have been made. You can also tell if this Privacy Policy has changed recently by reviewing the Effective Date posted at the beginning of this Privacy Policy.

Safe Harbor

Switchfly abides by the privacy principles of the U.S.-EU and U.S.-Swiss Safe Harbor Frameworks as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of data from the European Union.

Effective Date: February 1, 2012

Safe Harbor Privacy Policy

Switchfly, Inc. (“Switchfly”) recognizes that the European Union (“EU”) has an “omnibus” data protection regime established pursuant to the European Data Protection Directive (95/46/EC) (the “Directive”) and that Switzerland has adopted a data protection law (together, “Data Privacy Laws”). Among other things, the Data Privacy Laws generally require “adequate protection” for the transfer of personally identifiable information about individuals located in the EU and Switzerland to Switchfly’s operations in the United States.

Switchfly provides a hosted online travel agency software platform which enables its enterprise business customers to sell airline flights, hotels, car rentals, and other travel products for cash and loyalty program points (the “Switchfly Service”). In the course of providing the Switchfly Service, Switchfly processes its enterprise business customers’ data which includes personal information of individuals located in the EU and Switzerland who shop for and purchase travel products from Switchfly enterprise business customers via the Switchfly Service (“European Travelers” and “European Traveler Data"). Switchfly accordingly adheres to the requirements of the U.S./EU and U.S./Swiss Safe Harbor Privacy Principles published by the U.S. Department of Commerce ("Safe Harbor") with respect to certain European Traveler Data received in the United States about European Travelers. Switchfly is not responsible for the content of the information it processes, nor is it responsible for the way its enterprise business customers treat the Personal Information they collect or control.

Each of our enterprise business customers acts as the data controller for any European Traveler Data collected in the EU and Switzerland and subsequently transferred to Switchfly in the U.S. Switchfly acts as a data processor on behalf of our enterprise business customers with respect to such European Traveler Data and accordingly only carries out the instructions of such customers with regard to the collection, processing, and protection of European Traveler Data.

Switchfly generally does not collect personal information directly from individuals in the EU. If Switchfly does collect information directly from individuals within the EU via its Website, it will do so pursuant to its corporate Privacy Policy in accordance with the Safe Harbor.

For more information about Safe Harbor please refer to the U.S. Department of Commerce website at http://www.export.gov/safeharbor/. European Travelers may first wish to contact the enterprise business customer with questions regarding European Traveler Data shared with Switchfly, as this may be the most efficient means of addressing such access requests. European Travelers may email Switchfly at privacy@switchfly.com to review the European Traveler Data that Switchfly holds about them. Any European Traveler who cannot resolve his or her issue directly with the enterprise business customer or Switchfly can contact the local data protection authority for further information and assistance. If you have any questions about our Safe Harbor participation, please email us at privacy@switchfly.com.

Effective Date: February 1, 2012