Privacy Policy (California)

Effective Date: October 15, 2021

 

Your California Privacy Rights

If you are a resident of California, California Civil Code Section 1798.83 allows you to request information regarding the Personal Information we collected and third parties to whom we disclosed your Personal Information for the third parties' direct marketing purposes during the preceding calendar year. To send this request, you may contact us using one of the methods in the “How to Contact Us” section of this Privacy Notice.

 

California Consumer Privacy Act (“CCPA”)

This section is intended to satisfy the requirements of the California Consumer Privacy Act (“CCPA”) and is a supplements our general Privacy Notice. The rights herein are in addition to any other rights applicable to you in this Privacy Notice. Where there is a conflict between this section and other provisions of this Privacy Notice, this section will prevail for California residents and their rights under the CCPA and applicable California law.

  • For the purposes of CCPA, “Personal Information” is any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household.
  • Some Personal Information is not subject to the CCPA such as consumer credit reports and background checks, publicly available data lawfully made available from state or federal government records, Personal Information governed by the Gramm-Leach Bliley Act, the Fair Credit Reporting Act, the California Financial Information Privacy Act, and any other Personal Information exempt from the CCPA.
  • Personal Information We Collect and Business Purposes: The following tables show the categories of personal information that we have collected during the past twelve (12) months, the sources of such information, and the business or purposes for which we may use such information:

 

Personal Information Category

Identifiers: Identifiers such as your real name, alias, title, military or other service rank, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, driver's license number, passport number, loyalty rewards program number, and other similar identifiers.

Purposes of Collection

We may collect this information to communicate to you about your purchases, transactions, contracts, our business relationship with you, and for similar reasons.

We may collect this information to facilitate communications to you regarding products/services that may be of interest to you.

We may collect this information to verify your identity in accordance to a travel provider such as an airline or hotel operator pertaining to your reservation.

We may collect this information to provide a list of your emergency contacts.

We may collect this information to meet a legal requirement such as recording a title or similar functions.

Personal Information Category

Customer Records: Electronic records containing Personal Information, such as name, address, telephone number, passport number, driver’s license or state identification number, credit or debit card number or any other financial or payment information, medical information or health insurance information. Personal Information in this category may overlap with other categories.

Purposes of Collection

We may collect this information to process and/or administer your travel reservations, your loyalty and/or rewards accounts, and more.

We may collect this information to determine your eligibility for certain products or services.

We may collect this information to process payments and purchases of any of our products or services.

We may collect this information to verify your identity such as when you request access to your Personal Information.

We may collect this information to detect and prevent fraud.

We may collect this information to comply with applicable laws and to meet other legal obligations.

Personal Information Category

Commercial Information: Records of products or services purchased, obtained, or considered or searched for, or other purchasing or consuming histories or propensities.

Purposes of Collection

We may collect this information to process and/or administer your reservations and associated loyalty and/or rewards accounts, and more.

We may collect this information to personalize your services/products, provide helpful suggestions, respond to your commercial inquiries, and facilitate communications to you of products/services and related features that may be of interest to you.

We may collect this information to create efficiencies in managing reservations and recurring commercial interactions with you or otherwise managing an ongoing business relationship with you and our business partners.

We may collect this information to maintain a record of your consuming history preferences and tendencies to better serve you, to personalize an experience for you, and to meet other needs of offering, providing, and maintaining an ongoing service relationship with you.

We may collect this information for digital marketing and advertising and to measure and judge the effectiveness of marketing campaigns.

Personal Information Category

Protected Classifications: characteristics of protected classifications under California or federal law such as race, color, sex, age, religion, national origin, disability, citizenship status, and genetic information.

Purposes of Collection

We may collect this information where needed for a travel reservation, such as where we may need your gender to report to a travel company. We may also collect this information like gender to address you with the proper salutation.

We may collect this information to provide you with the proper accommodations or assistance such as when you notify us of health-related accommodations you require related to a reservation.

We may collect additional information in this category as appropriate.

Personal Information Category

Internet Activity: Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding interactions with an internet website, application, or advertisement, as well as physical and network access logs.

Purposes of Collection

We may collect this information to improve our website functionality, improve transaction throughput, and personalize your experience.

We may collect this information to determine what interests you to facilitate marketing and advertising of products and services to you through third parties or partners.

We may collect this information for digital marketing and advertising and to measure and judge the effectiveness of marketing campaigns.

Personal Information Category

Geolocation Data: General or precise geographic location information about a particular individual or device.

Purposes of Collection

We may collect your postal address and/or the location associated with your device to create demographic analysis of visits to our site, prevent fraud and promote interest in our products to better market to and understand our customers.

Your location may be used to facilitate marketing and advertising of products and services.

We may collect this information because of differences in jurisdictional laws to be sure we are compliant in our presentation of content.

We may collect this information for digital marketing and advertising and to measure and judge the effectiveness of marketing campaigns.

Personal Information Category

Profiles and Inferences: inferences drawn from any of the information identified above to create a profile about a customer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

Purposes of Collection

We may infer what products or services may interest you, your predicted attachment to your purchased products, your likelihood of purchasing other products and more.

We may collect demographic information about you, such as your age, income, etc.

We may collect this information for digital marketing and advertising and to measure and judge the effectiveness of marketing campaigns.

 

Sale of Personal Information

As further set forth in the chart above, in the past 12 months, we have not disclosed and sold California consumers’ personal information to third parties for business or commercial purposes.

 

Additional Business Purposes for Collecting and Using Your Personal Information

Generally, we may use all the above categories of Personal Information for the following purposes where applicable:

Security and Monitoring. To monitor and secure our resources, network, premises and assets, including:

Monitoring usage to ensure the security and functioning of Switchfly websites. We process Personal Information for preventing, investigating, and responding to security and privacy incidents on our websites.

Auditing, compliance and internal operations. We process Personal Information for the purposes of performing audits of our business operations, performing security reviews, ensuring we are meeting legal obligations, and other auditing functions.

 

M&A and Other Business Transactions

For purposes of planning, due diligence and implementation of commercial transactions such as mergers, acquisitions, asset sales or transfers, bankruptcy or reorganization or other similar business transactions.

 

Defending and Protecting Rights

For purposes to protect and defend our rights and interests and those of third parties and our partners. This includes to manage and respond to legal disputes or claims, and to otherwise establish, defend or protect our rights or interests, or the rights, interests, health or safety of others, including in the context of anticipated or actual litigation with third parties.

 

How we obtain your Personal Information

We may collect all of the Personal Information categories above primarily from you such as when you fill out a form, contact us, submit documents to us, use our Websites, and interact with us in other ways. We may collect it from our travel partners or data management companies. We may collect it from social media accounts such as when you connect to our Websites through such an account. We may collect it from travel partners who provide it to us on your behalf or other persons who provide your information.

 

How We Disclose Your Personal Information

We disclose Personal Information to Affiliates, vendors and service providers, legal and regulatory agencies under certain circumstances, third party product and service providers, third party partners, and others under certain circumstances.

 

Usage of Your Personal Information

Under some circumstances as described below, we may sell or license your Personal Information.

  • Internet-Based Advertising: To the extent certain information collection on our sites and through third-party applications is considered a "sale" under the CCPA, you may either opt-out through the "Do Not Sell My Information" link or as provided in the section "Other information we collect about you" in our general Privacy Notice.
  • Opt-Out: You have the right to opt-out of having your Personal Information sold. Please see the section of this Privacy Notice: "California Rights". 

 

California Rights

If you are a California resident, you have certain rights with respect to your Personal Information as set forth below:

  • Right to Know: You have a right to know what Personal Information Categories we have collected, used, disclosed or sold about you in the previous 12 months and the purposes of such actions. You have a right to know the sources of collection of such information and to whom we have disclosed it to for business purposes or a sale. You also have a right to receive a list of the Personal Information we have collected about you in the last 12 months from the date of your request. You may request any or all of this information up to two times in a 12 month period. You may by contacting us using one of the methods listed in the “How to Contact Us” section of this Privacy Notice.
  • Right to Delete: You have a right to instruct us to delete certain Personal Information we hold about you. We will assess your request and determine, under the CCPA, what Personal Information we are required to delete. If we retain any Personal Information, we will notify you of what we have retained and why. For information we delete, we will notify you of the method of deletion. You may exercise this right by contacting us using one of the methods listed in the “How to Contact Us” section of this Privacy Notice.
  • Right to Opt-Out of Sale of Your Personal Information: You have the right to instruct Us not to sell your Personal Information. You may exercise this right by contacting us using one of the methods listed in the “How to Contact Us” section of this Privacy Notice.
  • Nondiscrimination: You shall not incur or be subject to any price or quality of service difference from us for exercising any of your rights under the CCPA. If you feel you have been treated unfairly for exercising any of your rights under the CCPA, please contact us immediately by methods listed in the “How to Contact Us” section of this Privacy Notice.
  • Verification: We will require certain information from you to verify your identity as the requestor. Generally, we will ask you information that we have already collected about you to provide this verification. For instance, if you submit a “Right to Know” request, we may ask your name, address, email address, account number if applicable, and phone number. We reserve the right to ask additional questions and/or to contact you directly if in our discretion we determine we need additional verification.
  • Agents: You may have an agent exercise your rights on your behalf. If an agent provides a Power of Attorney in compliance with California Probate Code Sections 4000-4464, we will process such request. If however, your agent does not provide such Power of Attorney, we will need you to provide written permission to us to exercise your rights in this section on your behalf. Furthermore, in addition to your written permission, we may contact you and/or your agent for further verification of your request. Please contact us immediately by methods listed in the “How to Contact Us” section of this Privacy Notice.

 

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

 

How to Contact Us

Switchfly, Inc. is the entity responsible for the processing of your Personal Information as described in this policy. If you have any questions or comments about this Privacy Policy, or our privacy practices in general, please contact us via email at privacy@switchfly.com, or via regular mail at:

Switchfly, LLC.
500 3rd Street, Suite 215
San Francisco, California
94107 USA

 

Effective Date: October 15, 2021