SHERPANA PRIVACY POLICY

Updated February 14, 2017

Sherpana, Inc. (hereinafter referred to as “Sherpana”, “we”, “us” or “our”) operates a platform and community marketplace that helps people form offline experiences and relationships directly with one another, where they can create, list, and book unique Trips around the world, whether through our website (“Platform”). This Privacy Policy is intended to inform you about how we treat Personal Information that we process about you. If you do not agree to any part of this Privacy Policy, then we cannot provide the Platform or Services to you, and you should stop accessing the Platform and deactivate your Sherpana Account. You can find out more about how to deactivate your Sherpana Account at  www.sherpana.com/faq

1. Definitions

Where the definition of a term does not appear in this Privacy Policy (such as “Guide”, “Trip”, “Content,” “Services” etc.), it shall be given its definition as outlined in our  Terms of Service .

“Affiliates” means companies related by common ownership or control. They can be financial and non-financial companies.

“Aggregated Information” means information about all of our users or specific groups or categories of users that we combine together so that it no longer identifies or references an individual user.

“Data Controller” means Sherpana, the company responsible for the use and processing of Personal Information.

“Third Parties” means companies or persons not related by common ownership or control (i.e. non-affiliates) or other unrelated individuals. Third Parties can be financial and non-financial companies, or persons other than you and Sherpana.

“Personal Information” means information (which may include sensitive information) relating to a living individual who is or can be identified either from that information or from that information in conjunction with other information that is in, or is likely to come into, the possession of the Data Controller.

2. WHAT TYPES OF INFORMATION DOES SHERPANA GATHER ABOUT ITS USERS?
1. Information that you give us

We receive, store and process information, including Personal Information, that you make available to us when accessing or using our Platform and Services. Examples include when you:

• fill in any form on the Platform, such as when you register or update the details of your user account, or when you supply ID and other verification information;
• access or use the Platform, such as to search for or post Trips, make or accept bookings, pay for Trips, book or pay for any associated services that may be available (such as but not limited to cleaning), post comments or reviews, or communicate with other users;
• link your account on a Third-Party site (e.g. Facebook) to your Sherpana Account, in which case we will obtain the Personal Information that you have provided to the Third-Party site, to the extent allowed by your settings with the Third-Party site and authorized by you;
• communicate with Sherpana; and
• share information with another Member, or Guide.
2. Information we get from your use of our Platform

We also receive, store and process information, possibly including Personal Information, when you access or use our Platform and Services, including but not limited to:

Contact Information
You may use your contact information, such as your email address, phone number create or customize your account or to enable certain account features, for example, for login verification. If you provide us with your email address, phone number you agree to receive emails to that email address, text messages to that phone number, as the case may be. We may use your contact information to send you information about our Platform and Services, to market to you, and to help prevent spam, fraud, or abuse.

Log Data
We may also receive, store and process Log Data, which is information that is automatically recorded by our servers whenever you access or use the Platform, regardless of whether you are registered with Sherpana or logged in to your Sherpana Account, such as your IP Address, the date and time you access or use the Platform, the hardware and software you are using, referring and exit pages and URLs, the number of clicks, device event information, pages viewed and the order of those pages, and the amount of time spent on particular pages.

Cookies and other Tracking Technologies
Sherpana uses cookies and other similar technologies, such as mobile application and other device identifiers, on the Platform. We may also allow our business partners to use their cookies and other tracking technologies on the Platform. As a result, when you access or use the Platform, you will provide or make available certain information to us and to our business partners. While you may disable the usage of cookies through your browser settings, we do not change our practices in response to a “Do Not Track” signal in the HTTP header from your browser or mobile application. We track your activities if you click on advertisements for Sherpana services on Third-Party platforms such as search engines and social networks, and may use analytics to track what you do in response to those advertisements. We may, either directly or through Third Parties we engage to provide services to us, also continue to track your behavior on our own Platform for purposes of our own customer support, analytics, research, product development, fraud prevention, risk assessment, regulatory compliance, investigation, as well as to enable you to use and access the Platform and pay for your activities on the Platform. We may also, either directly or through Third-Parties we engage to provide services to us, track your behavior on our own Platform to market and advertise our services to you on the Platform and Third-Party websites.

Third-Party social plugins
Our Platform may use social plugins which are provided and operated by Third-Parties, such as Facebook’s Like Button. As a result of this, you may send to the Third-Party the information that you are viewing on a certain part of our Platform. If you are not logged into your account with the Third-Party, then the Third Party may not know your identity. If you are logged into your account with the Third Party, then the Third Party may be able to link information about your visit to our Platform to your account with them. Similarly, your interactions with the social plugin may be recorded by the Third Party. Please refer to the Third Party’s privacy policy to find out more about its data practices, such as what data is collected about you and how the Third Party uses such data.

3. HOW SHERPANA USES AND PROCESSES THE INFORMATION THAT YOU PROVIDE OR MAKE AVAILABLE 
1. We use, store and process information about you for the following general purposes: 
• to enable you to access and use the Platform;
• to enable you to communicate with other Members and Guides, including but not limited to by sending them messages or other information during the Booking process;
• to operate, protect, improve and optimize the Platform, Sherpana’s business, and our users’ experience, such as to perform analytics, conduct research, personalize or otherwise customize your experience, and to provide customer service;
• to help create and maintain a trusted and safer environment on the Platform and Services, such as detection and prevention of actual and potential fraud and other harmful activity, conducting investigations and risk assessments, enforcing our Terms and policies, verifying the address of your listings, verifying any identifications provided by you (including by comparing the photo on that identification to another photo you provide to us), and conducting checks against databases and information sources (such as but not limited to public government databases) for fraud detection and prevention, risk assessment and harm prevention purposes. In this regard, we may do any or all of the foregoing with or without further notifying you;
• to send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you;
• to send you marketing, advertising, and promotional messages and other information that may be of interest to you, including information about Sherpana, our services, or general promotions. You can unsubscribe or opt-out from receiving these communications in your settings (in the “Account” section) when you login to your Sherpana Account;
• to comply with our legal obligations, resolve any disputes that we may have with any of our users, and enforce our agreements with Third Parties.
2. How Sherpana Uses and Processes User Communications

We may, either directly or through Third-Parties we engage to provide services to us, review, scan, or analyze your communications with other users exchanged via the Platform for fraud prevention, risk assessment, regulatory compliance, investigation, product development, research and customer support purposes. For example, as part of our fraud prevention efforts, the Platform may scan and analyze messages and attachments to mask contact information and references to other websites. This helps to prevent fraudulent actors from asking Guides to send them money outside of the Platform, such as by bank transfer or other money transfer methods. We may also scan, review or analyze messages for research and product development purposes to help make search, booking and user communications more efficient and effective, as well as to debug, improve and expand product offerings. We will not review, scan, or analyze your communications for sending Third-Party marketing messages to you. We will also not sell these reviews or analyses of communications to Third Parties. We will also use automated methods to carry out these reviews or analyses where reasonably possible. However, from time to time we may have to manually review some communications. By using the Platform, you consent that Sherpana, in its sole discretion, may, either directly or through Third-Parties we engage to provide services to us, review, scan, analyze, and store your communications, whether done manually or through automated means.

4. WHEN SHERPANA DISCLOSES OR SHARES YOUR PERSONAL INFORMATION, AND TO WHOM

IMPORTANT: When you use the Platform, your data may be sent to the United States and possibly other countries in accordance with this Privacy Policy. We may transfer, store, use and process your information, including any Personal Information, to countries outside of the European Economic Area (“EEA”) including the United States and possibly other countries. By using the Platform, you consent to transferring your data to these countries. Please note that laws vary from jurisdiction to jurisdiction, and so laws and regulations relating to privacy and data disclosure, applicable to the places where your information is transferred to or stored, used or processed in, may be different from the laws and regulations applicable to the place where you are resident. Your Personal Information may be transferred, stored, used, processed and disclosed as follows:

1. Parts of your public profile page that contain some Personal Information may be displayed in other parts of the Platform to other users for marketing purposes or other features on the Platform that are visible to the general public.
2. When you submit a request to book a Trip, your full name, and the full name of any confirmed Guests traveling with you, and other Personal Information you agree to pass through to the Guide(s) will become visible to the Guide(s) of any Trip you Book or request to Book. We may also disclose parts of your public profile; other Member reviews of you; and any additional information you share with other Members. In addition, if you agree to be contacted by the Guide(s) by phone or email before your Trip request is accepted, and the Guide(s) decides to do so, Sherpana will call your phone number first, before connecting you with the Guide(s). We will not share your phone number unless there is a confirmed booking; if there is a confirmed booking, your phone number will become visible to the Guide(s)/Guest, who may call you directly.
3. When your request to book a Trip is accepted by the Guide(s) or when a User books your Trip, we will disclose some of your Personal Information to the Guide(s) and any confirmed Users(s). However, your billing and payout information will never be shared with another user.
4. When a User takes a Trip with you (as a Guide), when a User is on the same trip as you, or when you take a Guide’s Trip, we may ask you to review the Guest, Guide, or the Trip. If you choose to provide a review, your review may be public on the Platform. Likewise, another Member’s review of you as a Guest or Guide may be public on the Platform.
5. We may also engage Third Parties, who may be located outside of the EEA, to provide services to us, including but not limited to technology services and services to help verify your identification, to help match the photo on your ID to other photos of yourself you send to us, to conduct checks against databases such as but not limited to public government databases (where legally allowed), to otherwise assist us with fraud prevention and risk assessment, to assist us with customer service, to serve targeted ads, and to facilitate the payments or reimbursements you request (such as Concur and American Express). We may provide Personal Information about you to these Third Parties, or give them access to this Personal Information, for the limited purpose of allowing them to provide these services. For example, if we hire Third Parties, where permitted by applicable law, to conduct checks against databases such as but not limited to public government databases, we may provide your Personal Information, such as your full name and date of birth, to the Third Parties for the limited purpose of allowing them to conduct such checks, including background or registered sex offender checks, on our behalf. We will ensure that such Third Parties have contractual obligations to protect this Personal Information and to not use it for unrelated purposes.
6. You acknowledge, consent and agree that Sherpana may access, preserve and disclose your account information and Collective Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary (a) to respond to claims asserted against Sherpana; (b) to comply with legal process (for example, subpoenas and warrants), including legal process associated with national security and law enforcement; (c) to enforce and administer our agreements with users, such as the Terms of Service, this Privacy Policy, (d) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes; or (e) to protect the rights, property or personal safety of Sherpana, its users or members of the public. We will use commercially reasonable efforts to notify users about law enforcement requests for their data unless:
• providing notice is prohibited by the legal process itself, by court order we receive, or by applicable law; or
• we believe that providing notice would (a) be futile, (b) be ineffective, or (c) would create a risk of injury or bodily harm to an individual or group, or (d) create or increase a risk of fraud upon Sherpana’s property, its Members, the Platform, Application, or Services (collectively, “Risk Scenarios”). In instances where Sherpana complies with legal requests for user data without notice to the user for the reasons described above, Sherpana will use commercially reasonable efforts to notify that user about the request after the fact if we determine in good faith that we are no longer legally prohibited from doing so and that no Risk Scenarios apply.
7. We may also publish, disclose and use Aggregated Information and non-personal information for industry and market analysis, demographic profiling, marketing and advertising, and other business purposes.
5. BUSINESS TRANSFERS BY SHERPANA

If Sherpana undertakes or is involved in any merger, acquisition, reorganization, sale of assets or bankruptcy or insolvency event, then we may sell, transfer or share some or all of our assets, including your Personal Information. In this event, we will notify you before your Personal Information is transferred and becomes subject to a different privacy policy.

6. HOW TO ACCESS, CHANGE OR DELETE YOUR INFORMATION, OR CANCEL YOUR SHERPANA ACCOUNT

You may review, update, correct or delete the Personal Information in your Sherpana Account. If you would like to correct your information or cancel your Sherpana Account entirely, you can do so by logging in to your Sherpana Account. Please also note that any reviews and similar materials posted by you may continue to be publicly available on the Platform in association with your first name, even after your Sherpana Account is cancelled.

7. SECURING YOUR PERSONAL INFORMATION

We are continuously implementing and updating administrative, technical, and physical security measures to help protect your Personal Information against unauthorized access, destruction or alteration. However, no method of transmission over the Internet, and no method of storing electronic information, can be 100% secure. So, we cannot guarantee the security of your transmissions to us and of your Personal Information that we store.

8. YOUR PRIVACY WHEN YOU ACCESS THIRD-PARTY WEBSITES AND RESOURCES

The Platform will contain links to other websites not owned or controlled by Sherpana. Sherpana does not have any control over Third-Party websites. These other websites may place their own cookies, web beacons or other files on your device, or collect and solicit Personal Information from you. They will have their own rules about the collection, use and disclosure of Personal Information. We encourage you to read the terms of use and privacy policies of the other websites that you visit. Some portions of the Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google’s terms of use (located at www.google.com/intl/en_us/help/terms_maps.html) and Google’s privacy policy (located atwww.google.com/privacy.html), as may be amended by Google from time to time

9. SPECIAL FEATURES AND PROGRAMS
1. Referral service and requesting references

The Platform provides a referral service that allows you to invite your friends and contacts to use the Platform. The Platform also allows you to ask your friends and contacts to write a reference for you, to be published on your Sherpana profile. We may integrate the Platform with third party sites such as Facebook, so that you can send invitation messages or requests for references via the third party site itself. These messages will be sent by the third party site, and Sherpana does not collect or retain the contact information that is used to send them. You may also send invitation/request emails via the Platform itself, in which case we will ask you for the contact information to which to send your invitation/request. You can type in the email addresses or other contact information manually, or you can choose to import the contacts in your address book(s). In both cases, we may use and store this information for the sole purposes of allowing you to send your friends and contacts an invitation or request for a reference, and for fraud detection and prevention. With respect to referrals, we will also store the email addresses of your invitees to track if your friend joins Sherpana in response to your referral. If you request us to import your contacts, we will collect, but not store, the username and password for the email account you wish to import your contacts from. We will use this information only for the purpose of importing your contacts.

10. CHANGES TO THIS PRIVACY POLICY

We may change how we collect and then use Personal Information at any time and without prior notice, at our sole discretion. We may change this Privacy Policy at any time. If we make material changes to the Privacy Policy, we will notify you either by posting the changed Privacy Policy on the Platform or by sending an email to you. We will also update the “Last Updated” date at the top of this Privacy Policy. If we let you know of changes through an email communication, then the date on which we send the email will be deemed to be the date of your receipt of that email. It’s important that you review the changed Privacy Policy. If you do not wish to agree to the changed Privacy Policy, then we will not be able to continue providing the Platform and Services to you, and your only option will be to stop accessing the Platform and Services and deactivate your Sherpana Account. You can find out more about how to deactivate your Sherpana Account at www.sherpana.com/help.

11. COOKIE POLICY

Sherpana uses “cookies” in conjunction with the Platform to obtain information. A cookie is a small data file that is transferred to your device (e.g. your phone or your computer) for record-keeping purposes. For example, a cookie could allow the Platform to recognize your browser, while another could store your preferences and other information. Your browser may allow you to set how it handles cookies, such as declining all cookies or prompting you to decide whether to accept each cookie. But please note that some parts of the Platform may not work as intended or may not work at all without cookies.

1. Sherpana cookies and Third Party cookies

Sherpana may place our cookies on your device via the Platform. Accordingly, our Privacy Policy will apply to our treatment of the information we obtain via our cookies. We may also allow our business partners to place cookies on your device. For example, we use Google Analytics for web analytics, and so Google may also set cookies on your device. As further explained below, Third Parties may also place cookies on your device for advertising purposes. There are two types of cookies used on the Platform, namely “persistent cookies” and “session cookies”. Session cookies will normally expire when you close your browser, while persistent cookies will remain on your device after you close your browser, and can be used again the next time you access the Platform.

2. Uses for Sherpana cookies

Sherpana uses cookies and similar tracking technologies for a number of purposes, such as the following:

• to enable, facilitate and streamline the functioning of the Platform across different webpages, devices and browser sessions.
• to simplify your access to and use of the Platform and make it more seamless.
• to monitor and analyze the performance, operation and effectiveness of the Platform, so that we can improve and optimize it.
• to show you content (which may include advertisements) that is more relevant to you.
• for fraud detection and prevention.
3. Disabling Cookies

Most browsers automatically accept cookies, but you can modify your browser setting to decline cookies by visiting the Help portion of your browser’s toolbar. If you choose to decline cookies, please note that you may not be able to sign in, customize, or use some of the interactive features of the Platform.

4. Changes to this Cookie Policy

We can change this Cookie Policy at any time. If we make material changes to the Cookie Policy, we will let you know either by posting the changed Cookie Policy on the Platform or by sending you an email. It’s important that you review the changed Cookie Policy. If you do not wish to agree to the changed Cookie Policy, then we cannot continue to provide the Platform to you, and your only option is to stop accessing the Platform and Services and deactivate your Sherpana Account. You can find out more about how to deactivate your Sherpana Account at  Sherpana FAQ .