Updated as of December 1, 2022
This website [www.openwindowstravel.com] (“Website”) is owned and operated by [Open Windows Travel, LLC], a company registered in [South Carolina], USA (“we,” “our,” or “us”).
Consent and Withdrawal
You may receive emails that offer services, promotions, subscriptions, registration-based services, or other materials from us or third parties. These emails will state who the email is from and provide information on how to contact the sender. If you no longer wish to receive such emails, you may opt-out of receiving them by clicking on the unsubscribe link included in each email.Alternatively, you may opt-out by sending us notification to Mary@openwindowstravel.com.
Information We Collect
Your privacy is important to us, and we have taken steps to ensure that we do not collect more information from you than what is necessary for us to provide the Website and related products and services. When you access or use the Website, you may voluntarily submit, and we may learn and collect, information about you, your equipment, and your online activities, including the following types:
Personal Information: This may include personal information relating to an identified or identifiable natural person, e.g., name, email, phone number, address, payment details such as debit-, credit-, or charge-card information for payment processing, and other information we may deem necessary to support the operation of the Website and related products and services. We also work with third-party companies who use personal information to process services for us.
Communications Information: This may include information relating to communications you send to us through contact forms on the Website, email, or any other mode of communication you use to contact us. We process this information to communicate with you, to keep records, and to establish, pursue, or defend potential legal claims.
Technical Information: This may include information about your use of the Website such as your IP address, login information, browser details, Website page views, length of visit to Website pages, navigation paths, frequency of use, time zone settings, and access devices. We process this information through our analytics tracking systems to analyze your use of the Website, to administer and protect the Website and our business, and to enable us to administer the Website.
Marketing Information: This may include information about your communication preferences regarding marketing material from us and our third-party partners and affiliates. We process this information to analyze your use of the Website, to deliver relevant content and communications to you, to understand the effectiveness of our advertising, to determine our marketing strategy, and to grow our business.
How We Use and Process Information
We may use the information to provide you the Website and related products and services, to better understand your needs in relation to our business, to correspond with you, and to reply to any of your questions relating to our business. If you provide any information to us, you are deemed to have authorized us to collect, retain, and use that information for the following purposes:
To verify your identity;
To send you emails;
To provide you with customer service and respond to your queries, feedback, or disputes;
To conduct marketing analysis, send surveys or newsletters, contact you about the Website and related products and services, activities, special events, or offers from us or our partners and for other marketing, information, service development, and promotional purposes;
To make such disclosures as may be required for any of the above purposes or as required by law, regulations, and guidelines or regarding any investigations, claims, or potential claims brought by or against us;
To send you notices—e.g., in the form of emails, mailings, etc.—regarding services you are receiving and for billing and collection purposes;
To provide and maintain the Website and related products and services;
To notify you about changes to the Website or related products and services;
To send you information we think you may find useful or you have requested from us;
To improve the Website and related products and services, e.g., through personalized features and content;
To analyze the use of the Website and related products and services and the people visiting to improve our content; and
To investigate, prevent, or to act regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our policies, or as otherwise required by law.
We will use reasonable efforts to ensure:
The information collected and processed for and on our behalf by any party is collected and processed in accordance with applicable data privacy laws;
You are always made aware of the reasons for the collection of information and are given details of the purpose for which the information will be used;
The information is collected only to the extent necessary to fulfill the purpose required;
No information is held for longer than necessary in light of the purpose for which it is required;
Whenever cookies or similar technologies are used online by us, they are used strictly in accordance with applicable laws;
You will be informed if any information submitted by you online cannot be fully deleted at your request under normal circumstances and how to request deletion of any copies of that information, where it is within your right to do so;
Appropriate technical and organizational measures are taken to protect the information;
Information is transferred securely, whether it is transmitted electronically or in hard copy; and
You can fully exercise your rights with ease and without hindrance.
Disclosure of Information
We will not transfer, rent, or sell your information to others without notice to you. We may store the information in locations outside our direct control—e.g., on servers or databases co-located with hosting providers. We may disclose your personal information in the following circumstances:
To our subsidiaries, affiliates, service providers, and suppliers for the purpose of providing services to you;
To other third parties, including lawyers or collection agencies, when necessary to enforce our terms or any agreement between you and us;
In response to legal processes—e.g., court orders, subpoenas, or requests from a law enforcement agency;
If we believe disclosure is necessary to investigate, prevent, or act with regard to:
Our compliance with a legal obligation;
Our rights or property;
Our potential legal liability;
Potential wrongdoing, illegal activity, suspected fraud, or violations of our terms; or
Potential risk of personal or physical harm to any person;
In the event of a merger, acquisition, joint venture, restructuring, dissolution, or similar transaction, in which case we reserve the right to transfer your information to a new platform as part of that transaction;
To our professional advisors, law enforcement agencies, insurers, and government, regulatory, and similar organizations; and
Other circumstances where we believe in good faith such disclosure is necessary or appropriate.
We will only retain your information for as long as necessary to fulfil the purposes described in this policy, including for the purpose of compliance with any record retention or reporting requirements under applicable laws. When determining the duration of information retention, we consider its nature, sensitivity, the potential risk of harm from unauthorized use or disclosure, the purposes of collection and processing, and alternatives to achieve such purposes.
How We Protect Your Information
Any information supplied by you will be retained by us, stored in secure databases, and accessible by our employees, service providers engaged by us, and other third parties. No method of electronic storage or transmission over the internet or otherwise is 100% secure. While we strive to use commercially reasonable means to protect your information, we cannot warrant or guarantee your information will not be accessed, disclosed, altered, or destroyed, despite our industry-standard physical, technical, and managerial safeguards.
If you have any questions about security of the Website, please contact us at email@example.com.
Cookies and Tracking Technologies
Cookies are small files saved to user computers or device hard drives or memory that track, save, and store information about user interactions and usage of the Website. This allows the Website, through its server, to provide users with a tailored experience within the Website.
Web beacons are small electronic files (also known as clear gifs, pixel tags, and single-pixel gifs) that allow us to count users visiting Website pages, track related Website statistics, such as the popularity of Website sections, as well as verify system and server integrity.
Web browsers generally allow you to delete certain cookies or reject cookies entirely. Using your browser settings, you may be able to manage other tracking technologies in the same way you manage cookies. If you choose to block cookies or other tracking technologies, you may impair Website operability or prevent some elements from functioning as intended.
We may gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and click-stream data. Log files do not identify individual users. We may use this information to analyze trends, administer the Website, track users’ movements around the Website, and gather demographic information about our user base.
We may track the referring URL (i.e., the website or website page you left before coming to the Website) and the pages, links, and graphics of the Website you visited. We do so because it allows us to evaluate the reputation and responsiveness of specific web pages and any promotional programs we may be running.
Advertising Partner Privacy Policies
Third-Party Service Providers
The Website is not intended for use by anyone under the age of 18. We do not knowingly collect personal information from anyone under 18. If you are under 18 years of age:
Do not use the Website;
Do not provide any information about yourself on the Website, e.g., your name, mailing address, phone number, email address, screen name, username, etc.;
Do not make any purchase through the Website; and
Do not use any interactive functions on the Website.
If we discover we have collected or received personal information from a child under 18 without verified parental consent, we will take all reasonable measures to delete that information. If you believe the Website has collected or received information about anyone under 18 years of age, please contact us at firstname.lastname@example.org].
General Data Protection Regulation (GDPR) Rights
If you are within the European Union, you are entitled to certain information and have certain rights under the GDPR, as described below.
We will retain any information you choose to provide to us until the earlier of:
Your written request that we delete the information;
Our decision to cease using our existing data providers; or
We decide the costs of retaining the data exceed the value of retaining it.
You have the right to:
Request access to your personal data we store;
Either amend or erase your data;
Seek restrictions on the processing of your data;
Object to the processing of your data;
The portability of your data;
Withdraw at any time your consent to our processing your data without affecting the lawfulness of processing based upon consent that occurred prior to your withdrawal of consent; and
Submit a complaint with a supervisory authority having jurisdiction over GDPR issues.
We collect only the information reasonably required to engage commercially with you. You will not be required to consent to any unnecessary processing as a condition of engagement with us.
If you would like to exercise any of these rights, please contact us at email@example.com.
Changes to this Privacy Statement
Powered by Travel Industry Solutions, LLC © 2022 rev01-Dec-2022
Updated as of December 1, 2022
PLEASE READ THESE TERMS CAREFULLY.
TERMS ARE BINDING ON USERS OF www.openwindowstravel.com AND SERVICES ACCESSIBLE THROUGH IT.
The Website is owned and operated by Open Windows Travel, LLC, a company registered in South Carolina, USA (“Company,” “we,” “our,” or “us”).
These Terms set out a legally binding agreement between you as a user of the Website (“User,” “you,” or “your”) and Company.
If you do not want to be bound by these Terms, then do not use the Website.
If you use the Website on behalf of any entity, organization, or company (collectively, “Organization”): (1) you declare you are an authorized representative of that Organization with the authority to bind the Organization to these Terms; and (2) you and the Organization agree to be bound by these Terms. In these Terms, “you” refers to the Organization, you, and any other individual using the Website on behalf of the Organization.
All other terms, policies, disclosures, disclaimers, and other provisions we may post on the Website from time to time are a part of these Terms.
Users Under 18
If you are under the age of 18, you are prohibited from using the Website. If you use the Website, you represent that you are over 18 years of age.
Acceptance of Terms
Each time you use or access the Website, including webpages contained or hyperlinked therein, you expressly confirm your agreement to these Terms.
We reserve the right to modify, suspend, or discontinue the Website and at any time for any reason, in part or whole, with or without notice to you. You agree that we will not be liable to you or any third party for any modification, suspension, or discontinuance of the Website.
The Website may contain typographical errors, inaccuracies, inconsistencies, or omissions, which we reserve the right to correct, change, or update at any time for any reason, with or without notice to you.
You represent, warrant, and covenant that: (1) you have full power and authority to accept, to grant all authorizations, and to perform all obligations under these Terms; (2) you will use the Website for individual purposes; and (3) the address you provide when registering is your address of record.
You will not allow any other person to use your login information to access the Website. If you become aware of any unauthorized use of your account or login information, you will immediately notify us at Mary@openwindowstravel.com.
Term and Termination
These Terms become effective on the date of: (1) your initial use of the Website; or (2) your initial access to any services accessible via the Website. The term of these Terms will continue until terminated by us in writing. The term will be renewed each time you access or use the Website following any updates we post from time to time.
We may suspend or terminate these Terms and your use of or access to the Website in our sole discretion, at any time, for any reason, with or without prior notice to you, including without limitation if you engage in any conduct prohibited by these Terms, or if you otherwise violate any provision of these Terms.
Immediately upon such termination, you will cease all use of or access to the Website and its contents.
The Website represents a company providing travel advisory services to the general public and/or organizations utilizing the services of a travel advisor.
We will use commercially reasonable efforts to keep the Website operational continuously. We may carry out maintenance on the Website as we deem necessary at any time for any reason, with or without notice to you. Such maintenance may impact your use of the Website.
In order to use some or all of the functionalities of the Website, you may be required to login to the Website. At the time of registration, you may be asked to provide personal information such as name, address, phone number, email address, username, password, and other personal information.
Username and Password
To use certain functionality of the Website, you will setup login information, including choosing a username and password. Your username will not be misleading and will comply with the content rules set out in these Terms. You will not use your account or username for or in connection with the impersonation of any third party.
You are responsible to maintain the confidentiality of your password. You are responsible for all use of the Website via your login, whether authorized or unauthorized by you.
You will notify us at firstname.lastname@example.org if you have reason to believe your account is no longer secure for any reason (for example, in the event of a loss, theft, unauthorized disclosure, or use of your password).
You are responsible for any activity and content on the account arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such failure.
You agree that: (1) your electronic signature; (2) your click of an applicable button; (3) your check of an applicable box; or (4) any similar electronic confirmation by you via the Website is the legal equivalent of your physical ink signature to confirm your agreement and consent.
You agree to receive electronic communications from the Website. Such electronic communications may include without limitation any notices, disclosures, or other information we may provide to you regarding the Website.
You accept that the electronic documents, files, and records regarding the Website are reasonable and proper notice for purposes of compliance with applicable laws, rules, or regulations. You agree that such electronic communications fully satisfy any requirement that communications be provided to you in writing. We reserve the right, in our sole discretion at any time, to require your physical ink signature on any documents relating to the Website.
You are solely responsible for your use of the Website, which is subject to all applicable local, state, and federal laws and regulations.
Not to violate these Terms or allow, encourage, or facilitate others to do the same;
Not to access the Website using a third party’s account without the express consent of the account holder;
Not to use the Website or take any related action that is unlawful, illegal, fraudulent, or harmful;
Not to copy any content for republication in print or online;
Not to infringe copyrights or other rights relating to content on the Website;
Not to plagiarize or infringe the intellectual property rights or privacy rights of any third party;
Not to obscure or edit any copyright, trademark, or other proprietary rights notice or mark appearing on the Website;
Not to create copies or derivate works of the Website or any part thereof;
Not to create reviews or blog entries for or with any purpose or intent that does not in good faith comport with the purpose or spirit of the Website;
Not to interfere with another person’s use and enjoyment of the Website or another entity’s use and enjoyment of the Website;
Not to disturb the normal flow of services provided through the Website;
Not to use data collected from the Website to contact any third party or engage in any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing, and direct mailing);
Not to collect, receive, transfer, or disseminate any personally identifiable information of any person without consent from title holder;
Not to attempt to gain unauthorized access to other computer systems from or through the Website;
Not to create a link from the Website to another website or document without Company’s prior written consent;
Not to disrupt, interfere with, or otherwise harm or violate the security of the Website, or any services, system restores, accounts, passwords, servers, or networks connected to or accessible through the Website or any affiliated or linked website;
Not to use the Website or take any related action that causes, or may cause, damage to the Website or impairment of the performance, availability, or accessibility of the Website;
Not to upload or transmit viruses or other harmful, disruptive, or destructive files;
Not to use the Website to copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software;
Not to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to the Website without the express written consent of Company;
Not to access or otherwise interact with the Website using any robot, spider, or other automated means;
Not to reverse engineer, decompile, or extract the Website’s source code; and
Not to pretend to be or misrepresent any affiliation with any legal entity or third party.
In addition to the above, unless specifically endorsed or approved by the Website, the following uses and activities relating to the Website are prohibited:
Criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets;
Transmitting chain letters, spam, or junk email;
Interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected or linked thereto;
Using any information obtained from the Website to harass, abuse, or harm another person;
Attempting to bypass any measures of the Website (or products or services accessible through the Website) designed to prevent or restrict access;
Harassing, annoying, intimidating or threatening any officer, employee, contractor, agent, affiliate, partner, customer, or supplier of Company;
Using the Website in any manner inconsistent with these Terms and applicable laws and regulations.
If you violate any of the above provisions, we may terminate your use of and access to the Website.
The Website includes hyperlinks to other websites, products, services, and content owned and operated by third parties. We have no control over any third-party website or contents.
Your engagement with any third party is voluntary, at your own risk, and solely between you and that third party. We bear no responsibility or liability for any loss or damage incurred as the result of your activities with third-party affiliates or advertisers on the Website.
We strongly encourage you to independently verify any representation or warranty made by any third party regarding its own products and services.
The Website may provide tools allowing you to link your account on the Website with an account of a third-party service. If you use these tools, you agree that we may transfer your user information to that third party.
Nothing in these Terms or on the Website will be construed as intent to grant to you any interest in the Website, in part or whole, or any content on the Website.
Content and materials included on the Website, is copyrighted and protected under U.S. law, including without limitation images, photographs, graphics, texts, forms, lists, charts, guidelines, data, logos, code, icons, videos, audio, and other content, all of which is the property of, is licensed to, or is otherwise duly available to Company, its affiliates, its licensors, or a third-party copyright holder.
You agree that any infringing use or exploitation of copyrighted content on the Website may cause us, our affiliates, licensors, or content providers irreparable injury, which may not be remedied solely at law, and therefore our affiliates, licensors, or content providers may seek remedy for breach of these Terms, either in equity or through injunctive or other equitable relief.
Digital Millennium Copyright Act (DMCA)
We respect the intellectual property rights of others. We take seriously claims of copyright infringement and respond expeditiously to notices regarding such matters.
If you are a copyright owner or authorized to act on behalf of a copyright owner, you may report claims of copyright infringement to us by sending a DMCA notice of alleged infringement, as follows:
Identification, including a description, of the copyrighted work you are claiming has been infringed. If you are claiming infringement of multiple works you may provide a representative list.
The location of the allegedly infringing material, including identification of URL where the allegedly infringing material is accessible or the exact location where the infringing material may be found.
A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law.
A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf.
Your company affiliation, if applicable, your mailing address, telephone number, and email address.
Your full legal name and your electronic or physical signature.
For your notice to be valid, you must comply with all requirements above. Please send your notice to email@example.com. Upon receipt of your DCMA notice above, we will: (1) expeditiously remove or disable access to the infringing material; and (2) promptly notify the copyright holder that originally uploaded or copied material has been removed or access denied.
Your use of the Website is at your own risk, and you agree that the Website is provided “as is,” “with all faults,” and “as available.”
We do not represent or warrant that the Website or its contents will be error-free, uninterrupted, secure, accurate, useful, safe, reliable, or produce any particular result, or that our content or communications to you are free from viruses or other harmful, disruptive, or destructive files.
It is your sole responsibility to ensure the Website meets your specific requirements.
Limitation of Liability
In no event will Company, its shareholders, directors, officers, employees, contractors, or agents be liable to you or any third party for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages, including without limitation: (1) loss of goodwill, business interruption, loss of profits, loss of data, or any other type of damages or losses relating to your use of, or inability to use, the Website; (2) personal injury or loss of privacy; and (3) infringement of third party intellectual property rights.
The limitation of liability above will apply whether in contract, warranty, or tort, whether active, passive, or imputed by negligence, strict liability, or product liability, or pursuant to any other legal theory, even if you have been advised of such possibility in advance.
To the fullest extent permissible under applicable law, Company expressly disclaims all representations and warranties of any kind relating to the Website and its contents, including all warranties of any kind, express or implied, including without limitation warranties of title, merchantability, accuracy, completeness, condition, quality, durability, performance, accuracy, reliability, suitability, fitness for a particular purpose, or non-infringement.
Your sole remedy under these Terms is to cease use of the Website and any services related to it.
No Assignment. You may not assign or transfer these Terms by operation of law or otherwise without our prior written consent. Company may assign any rights or obligations hereunder to any current or future affiliated company and to any successor in interest. We reserve the right, at any time, with or without notice to you, to transfer some or all of Company’s assets in connection with a merger, acquisition, reorganization, or sale of assets or in the event of bankruptcy.
Severability. If any provision of these Terms is held unenforceable, then such provision will be enforced to the fullest extent permitted by law and the remainder of these Terms will remain fully in force.
No Waiver. No forbearance or delay in enforcing this Agreement will prejudice or restrict the rights of a party. No waiver of a right will operate as a waiver of any subsequent right. No right is exclusive of any other right, and each right is cumulative.
Force Majeure. Company is not liable for any failure of performance of its obligations herein, where such failure arises from any cause beyond its reasonable control, including without limitation: governmental actions, orders of domestic or foreign courts or tribunals; fires, flood, storms, explosions, pandemics, epidemics, or other acts of God or nature; failure of electronic, power, mechanical, internet, telecommunications, computer, or any other equipment; strikes, labor disputes, riots, insurrections, civil disturbances, or war; shortages of labor or materials; or non-performance of third parties.
Third-Party Rights. These Terms are not intended to benefit or be enforceable by, and is not subject to the consent of, any third party.
Headings. Titles and headers are for reference and will not affect any interpretation of these Terms.
Further Assurances. You agree to provide Company with all necessary information, materials, and approval, and render all reasonable assistance and cooperation necessary to facilitate operation of the Website and enforcement of these Terms.
Notices. Notices under these Terms will be in writing—if to Company, sent via email to firstname.lastname@example.org, and if to you, sent to the email address you have provided to us—effective upon the date sent.
Dispute Resolution: If any dispute arises under these Terms, the parties will use all reasonable efforts to resolve the dispute informally through direct communication.
Governing Law. These Terms are governed exclusively by the laws of the state of South Carolina.
Entire Agreement. These Terms are the entire agreement between the parties and supersede all prior agreements regarding their subject matter. In the event of any inconsistency between these Terms and any other terms, policies, disclaimers, and other provisions we may post on the Website from time to time, these Terms will control.
If you have any questions or comments regarding the Website, please contact us at email@example.com.
Powered by Travel Industry Solutions, LLC © 2022 rev01-Dec-2022