Please note that:
•If any term hereunder involves "representation with a legally binding effect", you agree to use "electronic transmission" as the means of such representation.
•When you provide us with information of any third party (such as a traveler, contact person or recipient), you represent and warrant that the third party has authorized you to provide his/her personal information to us, and you shall ensure that the third party has acknowledged the contents hereunder and agreed that we may collect, process and use his/her personal information in accordance with this Policy.
Please read this Policy carefully. If you do not accept this Policy, please do not register as a Togetda member or submit any personal information to us. If you are not an adult in accordance with the laws of your country, please make sure that your guardians have read this Policy and that you register as a Togetda member or submit your personal information to us with the consent of your guardians.
If you have any question, comment or would like to exercise your rights with respect to this Policy, please feel free to contact us at [email protected]
1.Scope of this Policy
1.1 This Policy applies to all the personal information of Togetda members, potential customers (such as customers who request for information on products, participants who attend the marketing activities, etc.) or partners (such as participants who join the affiliate program, bloggers, photographers, YouTubers, content-creators, etc.) and those that are collected by us through the Togetda website (Togetda.com) and Togetda Affiliated Network (personal information means data related to any identified or identifiable natural person).
2.Legal Basis for Our Collection, Processing and Use of Personal Information
To the extent necessary, Togetda collects, processes, and uses personal information pursuant to the following legal basis:
2.1 A relationship of contract or quasi-contract with the parties and appropriate security measures have been taken.
2.2 With the consent of the parties.
2.3 Explicit provisions in the law.
2.4 Personal information disclosed by the parties themselves or otherwise lawfully disclosed.
2.5 Based on legitimate interests.
3.How Do We Collect Personal Information/What Personal Information Do We Collect
3.1Personal information provided by you
We will obtain personal information that you have entered on the Togetda website or affiliated network, or provide through telephone, letter, email, communication software or other means, including:
Membership data is your and companion ’s personal information including identification, characteristics, account number and password. You can choose whether to update the membership data or not. If you do not choose to update your basic data and frequently-used personal data, we will not be able to automatically insert your order and membership data by the system when you place orders. However, we recommend that you update your password regularly to keep your account safe.
When you place an order, depending on the type of products you purchase, you may need to provide the personal information of different individuals, including identification and characteristics, etc. (for example, you may need to provide your passport name and passport number in both Chinese and English when purchasing hotel accommodation products, or the recipient's name and address when you purchase pre-mailed physical tickets). You may also choose whether to update the data to the membership data.
•Payment and financial data
Credit card information (card number, expiry date and security code) and other payment method information.
•Refund proof data
Depending on the reason for your cancellation/refund, medical and health records may be included.
(c)Business partners (such as data of participants who join the affiliate program, bloggers, photographers, YouTubers, content-creators, etc.)
If you are interested in becoming our business partner, we need to obtain your personal information, including:
•Basic data and contact information such as identification, characteristics and working situation
•Proof data for qualification review
•Financial account data for payment
(d)Participants in marketing activities
When you participate in various marketing activities held by us, we need to obtain your personal information, such as identification and characteristics, depending on the contents of the activities.
When you make inquiries, feedback, or complaints to us through various contact methods, we need to obtain your basic data and contact data such as identification and characteristics. When we communicate over the phone, we may record the whole conversation.
3.2 Obtained from a third-party service provider
(a)When you register as a member of a third-party service provider (e.g., Facebook, LINE, Google), we will obtain your data (such as name, photo, email address and any information you choose to provide) and UID according to your settings at the third-party service provider.
(b)We will also obtain relevant data from third-party service providers about your interactions with Togetda on their websites or apps(such as your likes or comments on Togetda's Facebook page).
3.3 Automatic collection via online behaviors
(b)Your stay, browsing or clicking on the Togetda website or app page.
(d)The webpage you visited before linking to the Togetda website.
3.4 Provided by business partners
If you participate in marketing activities jointly organized by us and our third-party business partners, we may obtain your personal information (such as prize winners' data) from the business partners to the extent necessary.
3.5 Obtained through affiliates
We may also obtain your personal information from our affiliates, in your location, and add the data to our database to the extent necessary.
4.Why Do We Collect Personal Information/How Do We Use Personal Information
4.1 Membership management
When you register as a member of Togetda, we will create a membership profile for you so that we can manage all membership data. You can do the following in the “Account Settings”:
(a)Update basic data and frequently-used membership data to help you automatically insert the required information when placing orders.
(b)Update the password to maintain the security of your account.
4.2 Order management (fulfillment/termination)
(a)After you place an order, we will collect the personal information of the customer/recipient/traveler/contact person depending on the products you purchase in order for us to process and fulfill your order, such as:
•booking your accommodation.
•sending the products you purchase.
•processing your payment.
•providing you with information about the products you ordered (such as confirmation letter or advance notice) or contact you or the contact person for products you ordered.
(b)If you want to cancel the order or apply for refund, we may also need additional personal information for processing the refund and qualification review.
4.3 Business partner management
To establish/fulfill our contractual relationships with our business partners (such as participants who join the affiliate program, bloggers, photographers, YouTubers, content-creators):
(a)We will review the proof data provided by you, and after the contractual relationship is established, we will contact you for the required business contacts and payments. We will also recommend information about suitable products to you.
(b)We may also use your personal information to order products for you (such as accommodation and tickets, etc.) and/or provide your personal information to the supplier or merchants depending on the contents of the products.
4.4 Activity management
(a)When you participate in any of our marketing activities, we may contact you to communicate the contents of the activities, or disclose the data to the extent necessary (such as the accounts of lucky draw winners).
(b)When you win the prize, if necessary, we will send the prize to you via your email address or physical address.
(c)If your prize amount reaches the legal threshold, we also need to obtain the necessary personal information from you to declare it in accordance with the law.
(d)We will also recommend our products to you from time to time.
4.6 Customer service
When you make inquiries, feedback, or complaints to us, we will use your contact information to keep you updated of the status, or provide your data to our supplier, merchant or business partner (such as payment service provider flow or logistics provider) based upon the specific needs in order to assist the handling of the matter. If any dispute arises or is likely to occur, we will also use the communication records between the parties (such as emails or telephone recordings) as evidence.
If you are a member of Togetda or our business partner, or you have ordered any products from us, participated in our activities, inquired about product information (as a potential customer), we will use your contact information to recommend the latest promotion, discount information, other newsletters or product information you may be interested in, or deliver advertisement to you on third-party platforms (such as Facebook).
4.8 Survey, statistics and analysis
(a)We will survey your comments on the products from time to time.
(b)We will analyze users’ behaviors on the Togetda website and affiliated network to optimize our performance and service and improve our product planning.
(c)We will analyze the data you left through your online activities (such as products you search and browsing or clicking behaviors, etc.) or your participation in various marketing activities to evaluate products you may be interested in.
(d)Togetda will collect statistics and analyze the collected data to evaluate customer willingness to purchase products and the items which customers like, develop marketing strategies, improve service quality, predict the future trend of hot selling products, or recommend suitable products.
4.9 Exercise of rights/fulfillment of statutory obligations
(a)In case of any consumer disputes, non-performance of contract, infringement, or criminal acts, we will use personal information to the extent necessary to make a legal request or defense, such as providing the data to the competent authority or judicial authority.
(b)If required by law, Togetda will also provide your personal information to the competent authority or judicial authority in order to fulfill our statutory obligations.
4.10 In the event any of the following occurs, we may also use your personal information for other purposes:
(a)With consent of the parties.
(b)Expressly required by law.
(c)Where it is necessary for protecting public interest, such as when we think that your actions may be illegal, we may provide personal information to the judicial authority.
(d)Where it is to prevent harm to life, body, freedom, or property of the parties.
(e)Where it is to prevent material harm to the rights and interests of others.
(f)Where it is beneficial to the rights and interests of the parties.
5.Who Obtains Personal Information/Why is Personal Information Obtained
Within the following scope, to the extent necessary, personal information may be obtained by third parties:
5.1 Where we use the cloud service providers to store personal information in cloud space.
5.2 In order to contact you, we use communication software or systems as a medium, your personal data will be processed, used or stored within such communication software or systems.
5.3 In order to complete the transaction, the payment service provider (for processing the payment) or the logistics provider (for sending or receiving products, such as collecting your passport to arrange a tour) we cooperate with may obtain your personal information.
5.5 Where we provide the order data to Togetda's affiliates in your location.
5.6 If you participate in marketing activities jointly organized by us and our third-party business partner, we may provide your personal information (such as the lucky draw winner's information) to the business partner to the extent necessary.
6. Personal Information Storage and Cross-border Transmission
6.1 Togetda uses the cloud space of a trusted cloud storage service provider to store your personal information, and according to your order requirements, we may transfer your data to the following Togetda affiliates are located in other countries and regions. In addition, we may transfer your data to other recipients depending on where the goods and services are provided (such as where suppliers of service provider or tickets are located).
6.2The personal information protection laws of the location where the data recipient is located may differ from those of your location, but we will do our best to take reasonable measures to ensure that your personal information are effectively secured.
7. Use of Personal Information /Retention Period
Togetda will continue to use your personal information while the aforementioned collection purpose still exists. Where the purpose of the collection ceases, we will no longer keep the data in a way that will identify you, unless otherwise required by law.
8.How Do We Protect Personal Information
8.1 Togetda is committed to protecting the security of your personal information. We take appropriate administrative and technical measures to ensure the legality of our collection, processing and use of personal information, and to prevent personal information from being tampered with, damaged, lost, leaked or otherwise infringed.
8.2 We will take reasonable steps with our suppliers or merchants to ensure the security of your personal information in order to maintain the confidentiality, integrity and availability of personal information.
8.3 We will also carefully select the business partners we instruct to collect, process or use personal information, and supervise the security of personal information by contractual and other reasonable means.
8.4 However, you need to understand that no 100% security maintenance measures over the internet are 100% secure, so we cannot guarantee the absolute security of your personal information.
9.The Rights You May Exercise through Us
You may exercise the following rights with respect to your personal information through Togetda:
9.1 Access to your personal information, including the right to make an inquiry of or to request to review or make a copy of your personal information. Unless any of the following occurs, we will not refuse the exercise of your rights:
(a)Impairing national security, diplomatic and military confidentiality, overall economic interests or other vital national interests.
(b)Obstructing the performance of statutory obligations imposed by competent authorities.
(c)Impairing significant interests of Togetda or a third party.
9.2 Supplement or correction (Depending on the situation, you may need to provide appropriate explanations)
9.3 Requesting to stop collecting, processing or using personal information or requesting to delete personal information
(a)If you think that we collect your personal information illegally, you have the right to ask us to stop collecting, processing and using your personal information. You also have the right to ask us to delete your personal information.
(b)If the accuracy of your personal information is in dispute, you have the right to request us to stop processing or using your personal information. However, this shall not apply where it is necessary for us to operate the business, or where you agree us to continue to process or use your personal information in writing (and noting the dispute over the accuracy of personal information).
(c)When Togetda's purpose of collecting your personal information ceases (that has been achieved or no longer exists, such as where you want to terminate the membership) or the term expires, you have the right to request us to delete or stop processing or using your personal information. However, this shall not apply where it is necessary for us to operate the business (such as during the statutory retention period or account processing not yet completed, etc.), or where you agree us to continue to process or use your personal information in writing.
9.4 Requesting to stop using personal information for marketing purposes
When we use your personal information to market any product to you (for example, by sending an information email about the products), you may reject the marketing activity.
9.5 Right to personal information portability
You may request us to make your personal information available to you in a structured, machine-readable, universally used electronic format, or transfer it to a third party to the extent technically feasible.
9.6 The way for Right Exercise
You may login to access, supplement and correct your personal information, or you may contact Togetda customer service mailbox at [email protected] to exercise the abovementioned rights. You may also file a complaint about the dispute related to your personal information with the competent authority where Togetda is located.
11. Personal Information of Minors
11.1 If you are not an adult in accordance with the laws of your location, please have your guardians read and accept this Policy, and your guardians should agree to register you as our member or submit your personal information to us.
11.2 If the data you fill in contains the personal information of a minor when placing an order, you should represent and warrant that his/her guardians agree you to provide such minor’s data to us.
12. Change of this Policy
12.1 Togetda may update this Policy in the future. You are advised to pay attention to the latest version of this Policy. In the event of a major update, we will notify you proactively in an appropriate manner (such as sending email, bouncing window notification, app notification, etc.).
12.2 Where you are not willing to accept our updated policies to collect, process and use your personal information, please contact us at [email protected].
13. Your Hong Kong Privacy Rights
13. 1 This section of our Policy applies specifically to individuals located in Hong Kong only. If you are located in Hong Kong, to the extent of any inconsistency between this section of our Policy and the remaining sections of our Policy, this section will prevail.
13.2 Paragraph 2.5 (in relation to legitimate interest processing) of this Policy is deleted in its entirety.
13.3 Notwithstanding any provision to the contrary in this Policy, Togetda will not use personal data for direct marketing unless Togetda has received consent from the data subject. Further, data subjects may withdraw their consent to receiving direct marketing through the channel mentioned in Paragraph 9.6.