PRIVACY POLICY & TERMS OF USE

This Privacy Policy ("Policy") identifies the privacy practices and terms of use for the website hotels.smartertravel.com (the "Site") that apply to all visitors ("Users"), including how SmarterTravel will collect, use, share, and protect information about you, as well as the choices you may make about how we use this information.

Please read the Policy carefully before providing any information. By accessing the Site, booking a hotel through the Site, or otherwise providing any information to SmarterTravel, you agree to our use of that information consistent with the Policy.

How SmarterTravel Works

SmarterTravel provides Users with access to content, not only on or through the Site but also with respect to the following other websites it maintains: smartertravel.com, oyster.com, familyvacationcritic.com, bookingbuddy.com, airfarewatchdog.com, and whattopack.com (together, the “Sister Sites”). SmarterTravel regularly emails Users with information about that content, as well as advertisements and promotions from SmarterTravel and its partners.

Information That We Collect

SmarterTravel collects the following information about Users in various ways, including:

• Name, address, phone number, electronic mail address, and other demographic information when you register for an account;
• Any such information you provide when booking a hotel through the Site; and
• Any other information you provide through surveys or other interactive online tools.

Information Collected Automatically

When you visit hotels.smartertravel.com or open one of our emails, we may automatically collect information about you using tracking technology, including your Internet Protocol address ("IP Address"), a unique device or user ID, system and browser type, the referring address website, the content and pages that you access on the Site or mobile application, and the dates and times that you visit the Site. SmarterTravel uses technology, including cookies (a piece of data that is placed on your computer when you visit a website), web beacons, and other similar technology to automatically collect certain information, as described above, that we then use for system administration, troubleshooting, and to identify you when you open our email or visit our Site through your computer or mobile device so we can enhance your online experience and make our advertising more relevant. Further, SmarterTravel may offer certain features that are only available through the use of this technology.

SmarterTravel may use third-party software to serve ads on the Site and the Sister Sites, implement email marketing campaigns, and manage other interactive marketing initiatives. Further, SmarterTravel may contract with third parties to serve ads on third-party websites in order to optimize advertising campaigns. This third-party software may use cookies, web beacons, or similar technology to help manage and optimize your online experience with us.

You can set your browser to accept or reject cookies and to disable other tracking technology. The third-party sites may also provide additional opt-out methods.

Our privacy statement does not cover the use of cookies by others including our partners, affiliates, tracking utility company and service providers. SmarterTravel does not have access or control over these cookies. We also may collect information from third-party websites with whom we connect. For example, if you connect to our site via Facebook®, Facebook® provides SmarterTravel with certain information from your Facebook® account, which may include, without limitation, your Facebook® User ID, amount of activity (i. e., comments, likes) that may occur in response to posts, certain demographic information and other information to the extent that you elect to make it publicly available on Facebook®.

Data from Other Sources

SmarterTravel may also obtain information about you from other sources, including affiliates, data aggregators, and public databases. All of the information SmarterTravel collects may be combined to create a more detailed picture of you, which allows us to better understand the products and services you might be interested in.

Other Websites

If you arrive at the Site by "clicking through" from another website, and you have registered with that other website, then certain information about you that you provided to that other website, such as the terms you were searching on that led you to the Site, may be transmitted to us and SmarterTravel may use it. You should review the privacy policy of any website from which you reached the Site in order to determine what information was collected by that website and for what purpose(s) you agreed that website could use that information. SmarterTravel may or may not retain information about you provided to us by other websites. If we do, we will only use it in accordance with this Policy. Such information may or may not be associated with other User activity data or personally identifiable information.

Google Analytics

SmarterTravel uses Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses "cookies" which are text files placed on your computer, to help SmarterTravel analyze how users use the Site. The information generated by the cookie about your use of the Site (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the Site, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however, please note that if you do this you may not be able to use the full functionality of the Site. By using the Site, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

More information on how to opt out of Google Analytics

How We Use Information We Collect

SmarterTravel may use and share the information (whether or not personally identifiable) that you provide to us to:

• Create an account for you on the Site or mobile application;
• Make your next visit to the Site more personalized;
• Process or complete hotel bookings or other transactions requested by you;
• Contact you regarding administrative issues, such as questions about your specific request;
• Mail and email information regarding other offers to you, including marketing materials related to any of the Sister Sites;
• Make telephone calls to you with information and offers;
• Provide your information to affiliates or third-party service providers to fulfill services you have requested; and
• Compile anonymous statistical information and analyses, and provide that anonymous information to third parties.

Logging in using social networking credentials

If you opt to share information with SmarterTravel using a Facebook® log-in as a means of authentication you grant permission to Facebook® to share your user details. This will include, but is not limited to, your name, email address, date of birth and location which will then be used to form a SmarterTravel identity. Authenticating also permits the sharing of your gender, networks, user ID and any other information you choose to share according to your Facebook® account settings. If you remove the SmarterTravel app from your Facebook® settings, our access to this additional information will cease.

As an example, Facebook® collects certain information via cookies and web beacons to determine which web pages are visited or what products are purchased. Please note that any information collected by Facebook® via cookies and web beacons is not linked to any personal information you authorize Facebook® to share with us.

Surveys or Contests

From time to time the Site may request personally identifiable information from Users via surveys or contests. Participation in these surveys or contests is completely voluntary and the User therefore has a choice whether or not to disclose personally identifiable information through them. The requested information typically includes contact information (such as name and shipping address), and demographic information (such as zip code). Contact information will be shared with the contest or survey sponsors to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use of and satisfaction with the Site. Users' personally identifiable information collected through surveys or contests is not shared with third parties who are not agents, service providers or business partners, unless we give prior notice and receive your permission for the sharing. Though we may use an intermediary to conduct these surveys or contests, these intermediaries will not use the Users' personally identifiable information for any secondary purposes.

Third-Party Providers

SmarterTravel may contract with third parties to provide various services to SmarterTravel relating to the Site on an outsourced basis. For example, we may contract with an email provider to handle the distribution of email messages to Users of the Site. We may contract with a website hosting provider to host the Site for us. We may also contract with various validation services to confirm contact information that you provide. By visiting the Site, all Users consent to SmarterTravel providing all information (whether or not personally identifiable) received or collected from those Users to such third-party providers for the purpose of enabling the third-party provider to provide these outsourced services to us. In addition, all Users consent to the collection, maintenance, and processing of their information (whether or not personally identifiable) by SmarterTravel and these third-party providers.

Affiliates and Partners

SmarterTravel will share information provided by Users (whether or not personally identifiable) with certain trusted business partners in our network so that they can contact you with information about the services in which you have expressed interest. SmarterTravel will not share data obtained from our texting services or SMS short code program with any third parties for their own marketing reasons or purposes. In order to provide the services available to you on the Site, SmarterTravel may also supplement your information (whether or not personally identifiable) with information from third-party sources with whom we have contracted for the purpose of verifying the contact information you have provided. You have the option to not have your information shared with business partners by not requesting these services.

SmarterTravel may also share information about Users (whether or not personally identifiable) with our business partners and affiliated companies so that we can offer you a broader range of services and information to meet your needs.

Please be aware that SmarterTravel affiliated institutions, promotional partners, advertisers, sponsors, and other third-party websites accessible through the Site may have their own privacy and data collection policies and practices. SmarterTravel is not responsible for any actions, website content or privacy policies of such third parties. You should check the applicable privacy policies of those third parties when providing information through linked websites.

Other Uses

SmarterTravel may release account information and other personally identifiable information when we believe release is appropriate to comply with applicable law, to enforce our legal and contractual rights, or to protect the rights, property, or safety of SmarterTravel, Users, or others. SmarterTravel may in some circumstances be required to disclose information (including personally identifiable information) in response to requests from law enforcement authorities, or in response to a subpoena or other legal process. SmarterTravel may also turn over information about you if we believe we must do so in order to prevent a violation of the law, and by accepting this Policy, you consent to our right to do so, in our sole discretion. You also consent to our disclosing information about you in the course of legal proceedings if we believe we are legally required to do so, if we reasonably believe that doing so may mitigate our liability, or if doing so will assist us.

At some point, SmarterTravel may establish subsidiaries or other related companies, or merge with or be acquired by another company. When that happens, then we may disclose to them your personally identifiable information, in which case we will request them to abide by this Policy. SmarterTravel may also disclose some personally identifiable information to a potential acquirer, although such disclosure would be subject to normal and customary confidentiality requirements.

How We Protect Your Information

SmarterTravel works to protect your information by using appropriate technical, administrative, and physical procedures to protect personal information from loss, misuse, or alteration. Access to your account is protected by password and accessible only to authorized SmarterTravel personnel. While we use both passwords and usernames to protect information online, we also work to protect Users' information off-line. Access to Users' information is restricted in our offices. Only employees who need the information to perform a specific job are granted access to personal information. Notwithstanding our efforts, there is a possibility that Internet transmissions containing a User's personally identifiable information may be intercepted by others. We cannot ensure or guarantee the security of any information you send to us and you do so at your own risk. You are responsible for maintaining the confidentiality of your passwords and any account information, and you agree to accept responsibility for all activities that occur under your account.

Children

The Site is not intended for children under the age of 18, and SmarterTravel does not knowingly collect or use personally identifiable information from children under the age of 18.

Opting Out

If you do not agree to our uses of your personally identifiable information as we have described for you, you are not required to provide that information to us. Consistent with this Policy, we will send you administrative emails regarding your account activity, as well as emails containing information about our products or promotional offers. You may not opt-out of administrative emails. However, you may opt out of receiving promotional (non-administrative) emails from us – whether related to the Site or one or more of the Sister Sites – simply by responding to the opt-out link provided on all email communications from SmarterTravel.

SmarterTravel’s Texting Service and Short Code Program; Opting In and Out

As explained in this Policy and Section 17 of SmarterTravel’s Terms and Conditions of Use & Sale (the “Terms and Conditions”), data obtained through our texting services or short code program will not be shared with third parties for marketing or advertising purposes.

If you elect to communicate with SmarterTravel via text message, you will have the option to separately opt into certain kinds of messages, sometimes referred to as “uses” These types of messages or uses include: account alerts; account notifications; chat; and promotional or marketing communications from SmarterTravel. You may opt-out at any time by following the directions in Section 17 of our Terms and Conditions, the directions that accompany our text messages, or texting “STOP” or “HELP” in response to any such message.

Communications

SmarterTravel only sends email to users who sign up on and/or book a hotel through our Site, or to our affiliates' users who have consented to receive advertising offers from us. We do not send email messages to users who have neither taken such actions nor provided such consent. If you believe you have been signed up in error, or if you no longer wish to receive SmarterTravel emails after having booked a hotel through the Site, please follow the "opt out" instructions above to be removed from all future mailings.

SmarterTravel will also communicate with you in response to your inquiries, to provide the services you request, and to manage your account. We will contact you either through email, telephone, or postal mail.

When it is necessary to do so, SmarterTravel will send you service-related announcements, primarily via email. For example, if our service is temporarily suspended for maintenance, we may send you email. Generally, you may not opt out of these communications, which are not promotional in nature.

Policy Changes

If we materially change this Policy, SmarterTravel will post the changes to this Policy and we may post a notice of the changes on the home page of this Site, as we deem appropriate, so that you are aware of what personally identifiable information we collect, how we use it, and under what circumstances, if any, we disclose it. SmarterTravel reserves the right to modify this Policy at any time, so please review the Site frequently for any changes. Amendments to this Policy will be posted on the Site and will be effective when posted. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted, the changes to any amended or revised Policy by your continued use of our services or the Site.

Other Businesses

Parties other than SmarterTravel operate stores, provide services, or sell product lines on the Site. In addition, we provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. SmarterTravel does not assume any responsibility or liability for the actions, products, or content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

Monitoring

SmarterTravel shall have the right, but not the obligation, to monitor the content of the Site at all times, including any chat rooms and forums that may hereinafter be included as part of the Site, to determine compliance with the Terms and Conditions and any operating rules established by SmarterTravel, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, SmarterTravel shall have the right, but not the obligation, to remove any material that SmarterTravel, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

Disclaimer of Warranties & Limitation of Liability

The Site and all information, content, materials, products (including software) and services included on or otherwise made available to you through the Site are provided by SmarterTravel on an "as is" and "as available" basis, unless otherwise specified in writing. SmarterTravel and its officers, directors, agents, affiliates, vendors, merchants, third-party content providers, and licensors make no representations or warranties of any kind, express or implied, as to the operation of the Site or the information, content, materials, products (including software) or services included on or otherwise made available to you through the Site; nor do they make any warranty as to the results that may be obtained from use of the Site or the accuracy, reliability, or content of any information, service, or product provided through the site. You expressly agree that your use of the Site is at your sole risk. SmarterTravel does not guarantee that the Site will be error free, available at all times, or without interruption.

To the full extent permissible by applicable law, SmarterTravel disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. SmarterTravel does not warrant that any of the following are free of viruses or other harmful components: the Site; information, content, materials, products (including software) or services included on or otherwise made available to you through the Site; their servers; or electronic communications sent from SmarterTravel. SmarterTravel will not be liable for any damages of any kind arising from the use of the Site or from any information, content, materials, products (including software) or services included on or otherwise made available to you through the Site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

If any jurisdiction prohibits the foregoing disclaimers, limitations, and exclusions, in such jurisdictions, the foregoing disclaimers, limitations, and exclusions shall be limited to the extent permitted by the laws of such jurisdiction.

Indemnification and Release

You agree to defend, indemnify, and hold harmless SmarterTravel, its affiliates, directors, officers, employees, and agents from and against all claims, damages, and expenses, including reasonable attorney’s fees, arising out of or related to any products or services you purchase in connection with the Site , your use of the Site, or your violation of any third-party right. You are solely responsible for interactions with other businesses and other users of the Site. To the maximum extent permitted by applicable law, you hereby release SmarterTravel from any and all claims or liability related to any product or service provided through the Site. The indemnity and release provisions of this section shall survive any termination of your account.

Entire Agreement

This Policy, read in conjunction with the Terms and Conditions, constitutes the entire agreement between SmarterTravel and you with respect to your access, use, and receipt of services from or through the Site, and supersedes all prior agreements, negotiations and discussions between you and us relating to the same. There are no third-party beneficiaries of the agreement. We exclude any representations and warranties previously given or made in relation to the same.

Termination

SmarterTravel may terminate your account and this agreement at any time. Without limiting the foregoing, SmarterTravel shall have the right to immediately terminate or suspend any passwords or accounts of Users in the event of any conduct by User or which SmarterTravel, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Policy or the Terms and Conditions.

Contacting Us

If you have any questions about the data you submit to SmarterTravel, our data privacy practices or this Privacy Policy, please contact SmarterTravel at:

1 Washington Mall #1150

Boston MA 02108

[email protected]

Last Revision Date: September 27, 2023