Stretchy Pants Privacy Policy

 

  1. About this Privacy Policy

This Privacy Policy explains how Stretchy Pants LLC (“we,” “us,” “our,” or “Stretchy”) collects, uses, shares, and protects information in connection with Stretchy’s services, systems, websites, and apps that refer or link to this Privacy Policy (our “Services”), including without limitation, the collection and processing of personal information in connection with bookings, tours and classes through our Website (as defined below), over the phone with us, or through third party providers. This Privacy Policy applies regardless of the type of device or other means you use to access our Services.

Stretchy reserves the right to change this Privacy Policy at any time by posting the updated Policy here along with the date on which the Policy was changed. If we make material changes to this Privacy Policy that affect the way we collect, use and/or share your personal information, we will notify you by including a “NEWLY UPDATED” label with the “PRIVACY POLICY” link on www.stretchy-pants.com (the “Website”)  for 30 days after material changes are made.

We’d like to remind you that we provide additional links to resources we think you’ll find useful. These links will lead you to sites that are not affiliated with Stretchy and may operate under different privacy practices. Our visitors are responsible for reviewing the privacy policies for such other websites, as we have no control over information that is submitted to these companies.

2. Information we collect and how we collect it

We collect and maintain personal information about you from many sources to understand and meet your needs, facilitate your experiences, manage our business, and for other purposes disclosed to you. For example, we collect personal information about you from:

  • You, when you voluntarily provide us with information
  • Your transactions with Stretchy
  • Your visits to our Website
  • Other third party sources, such as travel agents, other third party sites including but not limited to Airbnb, TripAdvisor or Viator and travel and hospitality service providers (e.g., transportation or tour operators)

 

If the information is to be collected directly from you, you may in some cases have the option to decline providing that information. However, your choice to not provide information may impact your ability to book or join a Stretchy Pants tour or class or experience all of the Website’s features.

The personal information we collect about you through these various sources may include, but is not limited to:

  • Name and telephone number;
  • Email address;
  • Credit/debit card number(s), including associated billing address(es) and expiration date(s);
  • Date of birth and gender;
  • Information required to facilitate our services, including travel companion(s) names, emergency contacts, and relevant health or dietary limitations;
  • Information about your tour or class, including booking and itinerary information, requests for assistance, and interactions with Stretchy personnel;
  • Details of your previous travel, such as previous tours or classes and tour or class-related issues;
  • Technical information such as your browser and system information, IP address, cookies (described in more detail below), name of your internet service provider, mobile advertising identifiers and pages viewed on our Services;
  • Information provided via survey, focus group or other marketing research efforts;
  • Photographs of you that we or others take of you during your tour or class (please refer to our terms of service for more information);
  • When you send us an email or online customer service request, we will retain the content of the message, your email address or any contact information you provide, and our response in order to handle any follow-up questions you may have.  We also use this information to measure how effectively we address your concerns.

3. Tour and class bookings

Stretchy creates a record for each booking that involves a Stretchy tour or class, even if the ticket is sold through a third party intermediary, including but not limited to Airbnb, Tripadvisor and Viator. When you book a Stretchy tour or class, we will collect and store information about your transaction, including whether you booked your tour or class on the Website or through another sales channel (and if so, which one). Stretchy will also collect and store information about changes to your booking, including a cancellation or failure to complete your tour or class.

If you book a tour or class for someone else, we may collect your billing information but may also communicate with the customer directly about their tour or class.

If your booking includes emergency contact information, we may share personal information with your emergency contact or attempt to collect information about you from your emergency contact, as appropriate, based on the nature of the emergency.

In the event of a tour or class delay, cancellation, or other service disruption, we may use the contact information provided in your booking to notify you, and the individuals traveling on the same booking, about the disruption.

4. Sensitive personal information

To the extent that the personal information we collect constitutes sensitive personal information under applicable law, including where such laws promote a substantial public interest, Stretchy will collect and process this sensitive personal information within the limits provided by applicable law. Where required by law, Stretchy will seek your specific consent before processing sensitive personal information.  This includes information you have chosen to provide to us or has been passed onto us by a third party such as a travel agent through which you made your booking.

In addition, you may have requested services (such as dietary restrictions) which is not “sensitive personal information” but may imply or suggest your religion, health or other information. Stretchy does not use such data to infer sensitive personal information about you.

5. Minors

Due to the nature of our Services, we may from time to time collect travel information, which may include personal information, about children when it is required to comply with the law, or with parental consent in order to provide our Services. Stretchy does not knowingly collect personal information directly from children – persons under the age of 13, or another age if required by applicable law – other than when required to comply with the law or for safety and security reasons.

If you are a parent or guardian of a child who has provided personal information without your knowledge and consent, you may request we remove this child’s information by emailing privacy@stretchypantsneeded.com.

6. Automatically collected information

When you use our Services, we may receive technical information such as browser and operating system information, the name of your internet service provider, mobile advertising identifiers, and pages visited on our Services. Stretchy gets this information by using technologies, including cookies and web beacons to provide and improve our Services and advertising. We also use this information to verify that visitors meet the criteria required to process their requests and for reporting activity on our Services. For example, we may want to know how long the average user spends on our Services or which pages or features get the most attention. This technical information may be combined with information that is personally identifiable in order to personalize our Services and advertising to your interests. For example, if you spend time reviewing a particular tour or class but do not complete a reservation, we may use this information to show you targeted advertising about similar tours or classes on our Services or on third-party websites. Some of this information may be shared with third parties, as described below under “Information collected by third parties on our Services.”

Additionally, and with your specific consent where required by law, Stretchy may combine the information we receive from you with information collected from other sources. This information may be used to provide offers and/or services specifically tailored to your interests in accordance with applicable laws.

6. Cookies

When you use our Services, you may receive cookies or other similar technologies such as pixel tags from us and the third parties that collect information on our Services. Cookies are an industry standard and most major websites use them.  A cookie is a small text file that our Website may place on your computer as a tool to remember your preferences. We use cookies to help give you a high-quality experience on our Services.

However, if you prefer, you can change your cookie settings. Some browsers have options that allow the visitor to control whether the browser will accept cookies, reject cookies, or notify the visitor each time a cookie is sent. You may elect to reject cookies by adjusting your settings, but doing so will limit the range of features available to you on our Services and other major websites that use cookies.

Click here to learn about managing cookies

We use three types of cookies when providing our Services:

  1. Essential cookies –  These cookies enable you to use our Services.  These cookies are essential to enable you to browse our Website and other Services and use certain features.  Disabling them may prevent you from using certain parts of our Services. Without these cookies, services such as booking tours cannot be provided.  These cookies also help to keep our Services secure.
  2. Performance cookies – These cookies collect information about how you use our Services such as which pages you visit regularly.  These cookies are used to provide you with a high-quality experience by doing things such as tracking page load, site response times and error messages.
  3. Content/advertising cookies – These cookies gather information about your use of our Services so we may improve your experience and provide you with more relevant content and advertising.  They also may be used to gather feedback on customer satisfaction through surveys. They remember that you have visited our Services and help us understand usage of our Services. Some of these cookies are from third parties that collect information about users of our Services (as described below under “Information collected by third parties on our Services”) in order to provide advertising (on our Services and elsewhere) based on users’ online activities (so-called “internet-based advertising”) on our Services and elsewhere online.  The parties involved in internet-based advertising collect internet browsing information (e.g., websites visited, time of visit) across different websites and over time, and they may use the information they collect on our Services to provide you ads (from us and other companies) across the internet.

7. Information collected by third parties through our Services

Some of the content, advertising, and functionality on our Services may be provided by third parties, including third parties that are not affiliated with us. As noted above, these third parties may collect or receive technical information about your use of our Services, including through the use of cookies, pixel tags, web beacons, and other technologies, and this information may be collected over time and combined with information collected on different websites and online services.

For example, some of our Services include social network or other third-party plug-ins (such as Facebook’s “Like” button) that enable you to login to certain of our Services, to comment on content available on our Services, and to share things you find on our Services with your social network. The providers of these plug-ins may be able to collect information about you even if you do not click on or otherwise interact with the plug-in or widget and regardless of whether you have an account or other relationship with these social networks and third parties. If you use social network tools or visit social networking sites, you should read their privacy disclosures to learn what information they collect, use, and share.

Also, some third parties collect information about users of our Services in order to provide interest-based advertising (on our Services and elsewhere). This may include anonymized or de-identified information about you, such as travel destinations that you search for while using our Services. Some of these third parties may participate in an industry organization that gives users the opportunity to opt out of receiving ads that are tailored based on online activities.

Our Website uses Google Analytics, a service which transmits Website traffic data to Google servers in the United States.  Google Analytics does not identify individual users or associate your IP address with any other data held by Google. We use reports provided by Google Analytics to help us understand Website traffic and webpage usage.  For more information about cookies used by Google Analytics, please go to https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage.

Opt out of Google Analytics

Google’s privacy policy and terms

8. How your information will be used

Our Services

We use personal information to complete transactions and fulfill requests for our Services.  For example, we require you to provide personal information when making a reservation to book tours or classes, through our Website, travel agent, or other third party.

Administrative, marketing and analytical purposes

In addition to processing, confirming and fulfilling tour or class services you request, Stretchy may use personal information for administrative, analytical, and marketing purposes, such as employee training, information systems management accounting, billing and audits, credit card processing and verification (which is completed through FareHarbor and subject to their additional terms), and customer-relations correspondence.  Stretchy also uses personal information to identify, develop and market new products and services that we believe you will value, including across browsers and devices, in accordance with applicable laws. Where we are required by applicable law, we will seek your consent prior to sending you communications for marketing purposes. More specifically, we may use your personal information for the following purposes:

  • Business purposes and communication – to provide tour or class services or information you requested, to communicate with you for business or customer service reasons, or for such reasons such as changes to our policies or in response to your inquiry.
  • Financials transaction management – to facilitate payment for services (through FareHarbor and according to their privacy policy, located at https://fareharbor.com/legal/privacy/)or provide refunds.
  • Legal and regulatory obligations – to comply with legal, regulatory, or fiscal obligations, or in connection with litigation or an internal investigation or audit.
  • Tailored web experience – to personalize your advertising experience when you visit our sites, when security updates are available, or when action is required to keep your page active.
  • Improve our operations – to improve our tour and class offerings, including reviewing tour itineraries, class menus, pricing and operations more generally.
  • Marketing and analytics – to perform data analyses and other processing for marketing purposes.
  • Site maintenance – to improve content, functionality and usability of our sites and to offer opportunities to participate in surveys and provide feedback to us.
  • Security management – to secure Stretchy’s assets and information.
  • Third party requests – to respond to and comply with outside requests initiated by you, as well as in response to legal requests.
  • Audit and controls – to evaluate internal controls and audits for compliance.

9. Data security

We take reasonable measures to protect the personal information you provide to us, and you should do the same.

When you make a booking, you will be given a record locator code. This will appear on the email confirmation for your booking. You should keep your record locator confidential, as giving it to others may allow them to access your booking details through our systems. If you are traveling with others and do not want them to have access to your booking details, you should have each person make their own bookings.

Stretchy uses reasonable technical, administrative, and physical measures to protect your personal information from loss, interference, misuse, unauthorized access, disclosure, alteration or destruction, both during transmission and once we receive it. We also maintain reasonable procedures to help ensure that such data is reliable for its intended use and is accurate, complete and current. When your personal information is shared, Stretchy will take a reasonable approach to prevent the unauthorized use of personal information.

Please note, however, that while Stretchy attempts to safeguard your personal information, no method of transmitting or storing electronic information is ever completely secure, and thus we make no warranty, express, implied, or otherwise, that your information will never be accessed, used or released in a manner that is inconsistent with this Privacy Policy. IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY’S UNAUTHORIZED ACCESS TO YOUR INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER WE ARE GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE, EXCEPT AS PROVIDED UNDER APPLICABLE LAWS.

10. Data retention policy

Your personal information will be retained only for so long as reasonably necessary for the purposes set out above, considering criteria such as applicable rules on statute of limitations, legal requirements and the duration of your use of our Website and receipt of our Services.

11. With whom your information will be shared

General

Stretchy does not share personal information with third parties except as stated in this Privacy Policy. We may disclose information to companies affiliated with Stretchy and/or unaffiliated third parties (i) to provide the products and services you have requested; and (ii) for administrative, analytical, and marketing purposes.

For instance, we may disclose or share information about you to:

  • Third parties to distribute promotions, sweepstakes, marketing surveys and messages, focus groups, interviews and other opportunities offered by Stretchy;
  • Third parties who have arranged for discounts, pre-paid tours or other services on your behalf, such as employers or travel companies;
  • Third party vendors that assist Stretchy with respect to reservations, ticketing, and receiving and responding to customer complaints or inquiries.

In the event we undergo a business transition involving another company, such as a merger, corporate reorganization, acquisition, the lease or sale of all or a portion of our assets, or in the event of bankruptcy, information that we have collected from or about you or your devices may be disclosed to such other entity as part of the due diligence or business integration process and will be transferred to such entity as one of the transferred assets.

12. Legal requirements

To the extent required by law, we may disclose personal information to government authorities, or to third parties pursuant to a subpoena or other legal process, and we may also use or disclose your information as permitted by law to protect the rights or property of Stretchy, our customers, or our Services.

  1. Obtaining your consent

By accepting the terms of this Privacy Policy, you hereby agree to Stretchy’s collection and use of your personal data as described in here.  For any additional uses of your data, Stretchy will obtain your consent as required by law.11Application of local laws

Where required by local law, you may have the right to access, request a copy of, update, transfer or port, restrict the processing of, or request that we delete your personal information. You may also have the right to object to our processing of your personal information. To exercise these rights please email us at privacy@stretchy-pants.com. When we receive a request to exercise one of these rights, we will indicate what personal information we require from you to validate your identity. We will also provide information on the action we intend to take on the request without undue delay and no later than 30 days from receipt of the request where required by local law. This time may be extended by an additional two months in certain circumstances, for example, where requests are complex or onerous. Please note, these requests are subject to applicable legal, ethical reporting, or document retention obligations imposed on us.

When you provide us with your information, you acknowledge that this information may be stored, transferred, and processed on servers located anywhere in the world, including either inside or outside of the U.S. or the European Union or Switzerland.

  1. Opting out of marketing communications or sharing your information with third parties

If you tell us you don’t want to receive marketing messages, we will stop sending them. We will, of course, continue to send important information relating to a service you have purchased to keep you informed about your booking and experience itinerary.

Stretchy’s Website does not honor web browsers’ Do-Not-Track signals. You do have choices, however, when it comes to your privacy and internet browsing. As noted above, some third parties collect information about users of our Services in order to provide interest-based advertising elsewhere. Some of these companies provide online users with the ability to opt out of receiving interest-based advertising.

If you want to opt out of marketing emails, you can click the opt-out or unsubscribe link in the marketing email you receive to manage your marketing preferences. You can also send an email from the email address you wish to unsubscribe with the word “unsubscribe” in the subject line to privacy@stretchypantsneeded.com.

If you want to opt out of receiving forms of communication from Stretchy other than marketing email, please email privacy@stretchy-pants.com with your request. Regardless of your opt-out preferences, we reserve the right to send you certain communications and share your information with third parties for administrative, transactional, and analytical purposes.

Other companies or programs of Stretchy affiliates may require different steps to change your preferences for participation. Please consult the privacy policies of the relevant companies or programs for further information.

13. Users from Switzerland or the European Union

This section of the Privacy Policy applies only if you use our Website or Services covered by this Privacy Policy from a country that is a Member State of the European Union or Switzerland, and supplements the information in this Privacy Policy.

14. Controller of Personal Information

To the extent that Stretchy Pants LLC is subject to the laws of the European Union and Switzerland when processing personal data (“Personal Data”), it shall be the “data controller” under such laws.

If you have made a tour or class booking through another party, including but not limited to TripAdvisor, Airbnb or Viator, then that other party will also separately be considered a “data controller”. Your Personal Data will be processed in accordance with the applicable party’s privacy policy. You should read this documentation, which applies to your booking and specifics (for example, how your personal data is collected, stored, used, disclosed and transferred).

Legal basis for data processing

We process Personal Data for the purposes set out in this Privacy Policy, as described above. Our legal basis to process Personal Data includes processing that is:

  • Necessary for the performance of the contract between you and Stretchy (for example, to facilitate your tour or class under our terms of service, to provide you with other services you request, or for resolving billing or customer service inquiries related to your use of our Services);
  • Necessary to comply with legal requirements (for example, to comply with applicable accounting rules or to make mandatory disclosures to law enforcement);
  • Necessary for our legitimate interest (for example, to manage our relationship with you and improve the Website and our Services);
  • To protect the vital interests of you or another person (for example, if we collect and process medical information in the event of a medical emergency and you are incapable of giving your consent);
  • To perform a task carried out in the public or substantial public interest; and
  • Where legally required and we have no other valid legal basis to process Personal Data, we will use consent by our customers (for example, to provide you with marketing information or share information with third parties), which may subsequently be withdrawn at any time (by emailing privacy@stretchypantsneeded.com) without affecting the lawfulness of processing based on consent before its withdrawal.

In some instances, you may be required to provide us with Personal Data for processing as described above, in order for us to be able to provide you all of our Services, and for you to use all the features of our Website.

International transfers of Personal Data

The nature of Stretchy’s business means that the Personal Data collected through our Services will be transferred to the United States. Also, the Stretchy personnel and some of the third-parties to whom we disclose Personal Data (as set out above) may be located in the United States and other countries outside of the European Union or Switzerland, that may not provide the same level of data protection as your home country. We take appropriate steps to ensure that recipients of your Personal Data are bound to duties of confidentiality.

Your rights

As described above in the “Application of local laws” section, under data protection laws in the European Union and Switzerland, you have certain rights related to your Personal Data.

You may be entitled to exercise the right to:

  • Object to the processing of Personal Data (for instance, where the basis of our processing is our legitimate interests, see section above “Legal basis for data processing”), and we will stop processing your data.  We will not resume processing unless we can establish compelling legitimate grounds that override your rights.
  • Request the restriction of processing of your Personal Data (for instance, this can be done if the Personal Data is not accurate and needs to be updated).  This can also be done in relation to data where the purposes of processing no longer apply, but you still need the data and do not want us to erase it.
  • Request updating of your Personal Data (if you believe the information we have about you is not accurate or incomplete).  You may ask us to update your Personal Data but we cannot modify it for previously completed tours or classes because that is the official record of the transaction.
  • Request access to your Personal Data (for instance, if you wish to receive a copy of your information, confirmation as to whether we are processing your information, and information as to how we use your information).  You may request access to your Personal Data but that may not include information relating to others that you either did not provide to us or who have not consented to the disclosure of their information to you.
  • Request erasure of your Personal Data (for instance, if we have no legal basis to process the information and you have not given us your consent to do so, if the purposes of processing no longer apply, or if you have objected to the processing and we cannot establish compelling legitimate grounds to override your rights).  Certain data may not be erased if we have a requirement to retain it for legal purposes. You may ask us to delete your Personal Data, but we cannot do so if you have a pending tour or class booked with us.
  • Request portability of your Personal Data (the transfer of information you have provided to us, to another controller, in a structured, commonly used and machine-readable format), if such request is technically feasible to complete.

To exercise these rights please email us at privacy@stretchy-pants.com.

When we receive a request to exercise one of these rights, we will indicate what Personal Data we require from you to validate your identity. We will also provide information on the action we intend to take on the request in accordance with applicable law.

We will respond to your request as soon as possible and no later than 30 days from receipt of the request. In certain circumstances this time may be extended by an additional two months, for example, where requests are complex or onerous. You may always contact our Data Protection Officer, at privacy@stretchypantsneeded.com. If you consider that our processing of your Personal Data infringes applicable law, you may submit a complaint with a supervisory authority.

14. Contact us

If you have other questions, comments or concerns about our privacy practices, or if you wish to issue a request to exercise your rights where applicable by law, please contact our Privacy Office at privacy@stretchy-pants.com. Please provide your name and contact information along with the request. Alternatively, inquiries may be mailed to the following address:

Stretchy Pants LLC
c/o Privacy Office
573 Scott Street, Unit B
San Francisco, CA 94117

 

Last updated: October 25, 2018