Privacy Policies and Procedures

We’re committed to keeping your data secure, your private information private, and being transparent about our practices as a business.

TryNearBy: Terms of Service

Welcome to TryNearBy, a platform dedicated to travel content. These Terms of Service (“Terms”) govern your access to and use of our website, services, and content (collectively, the “Services”). Please read these Terms carefully before using the Services. By accessing or using the Services, you agree to be bound by these Terms.

1. Acceptance of Terms

You must be at least 18 years old and have the legal capacity to enter into these Terms to use the Services. You may not use the Services if you are prohibited by law from doing so. By accessing or using the Services, you represent and warrant that you meet all of these eligibility requirements.

2. Your Account

You may need to create an account to access certain features of the Services. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account or any other security breach.

3. User Content

The Services may allow you to submit, upload, post, or display content (“User Content”). You retain all ownership rights in your User Content, but you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, publish, distribute, and display your User Content in connection with the Services. You are solely responsible for your User Content and the consequences of its submission or publication.

4. Prohibited Content and Activities

You may not use the Services for any unlawful purpose or in violation of these Terms. This includes, but is not limited to:

Submitting false or misleading information.
Infringing on the rights of others, including intellectual property rights and privacy rights.
Using the Services to harm or harass others.
Distributing viruses or other malicious code.
Interfering with the operation of the Services.

5. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.

7. Termination

We may terminate your access to the Services for any reason, at any time, without notice.

8. Governing Law and Dispute Resolution

These Terms will be governed by and construed in accordance with the laws of the State of Missouri, without regard to its conflict of laws provisions. Any dispute arising out of or relating to these Terms will be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will be conducted in India.

9. Entire Agreement

These Terms constitute the entire agreement between you and us regarding your use of the Services.

10. Changes to Terms

We may update these Terms from time to time. We will notify you of any changes by posting the new Terms on the Services. You are responsible for reviewing the Terms periodically. Your continued use of the Services after the posting of revised Terms constitutes your acceptance of the revised Terms.

Contact Us

If you have any questions about these Terms, please contact us at contact@TryNearBy.org.

TryNearBy: Privacy Policy

At TryNearBy, we are committed to protecting your privacy. This Privacy Policy explains how we collect, use, and disclose your personal information when you use our website, services, and content (collectively, the “Services”).

1. Information We Collect

We collect the following types of information from you:

Personal Information: This includes information that can be used to identify you, such as your name, email address, phone number, postal address, and payment information.
Usage Data: This includes information about how you use the Services, such as the pages you visit, the features you use, and the links you click.
Log Data: This includes technical information that is automatically collected when you use the Services, such as your IP address, browser type, operating system, and device information.

2. How We Use Your Information

We use your personal information for the following purposes:

To provide and operate the Services
To send you important information about the Services, including updates, security alerts, and support messages
To personalize your experience with the Services
To respond to your inquiries and requests
To improve the Services
To protect our rights and interests

We use your usage data and log data for the following purposes:

To analyze how the Services are used
To troubleshoot and improve the Services
To personalize your experience with the Services
To protect our rights and interests

3. Sharing Your Information

We may share your personal information with the following third-party partners:

Service providers: We may share your personal information with service providers who help us operate the Services, such as web hosting providers, email service providers, and payment processors.
Business partners: We may share your personal information with business partners with whom we offer co-branded services or engage in joint marketing activities.
Law enforcement: We may disclose your personal information to law enforcement agencies if we are required to do so by law or if we believe it is necessary to protect the safety of our users or the public.

We will not share your personal information with any third-party advertisers or marketing partners without your consent.

4. Data Retention

We will retain your personal information for as long as necessary to provide you with the Services and to comply with our legal obligations. We will then delete your personal information from our systems unless we are required to retain it for legal reasons.

5. Your Choices

You have the following choices regarding your personal information:

You can access and update your personal information at any time by logging into your account or by contacting us.
You can unsubscribe from our marketing emails by clicking on the “unsubscribe” link in any email.
You can request that we delete your personal information by contacting us.

Please note that if you request us to delete your personal information, you may no longer be able to use the Services.

6. Cookies and Tracking Technologies

We use cookies and other tracking technologies to track the activity on our Services and to hold certain information. Cookies are small data files that a website places on your device when you visit the site. They can be used for a variety of purposes, such as remembering your preferences, tracking your activity, and targeting advertising.

You can disable cookies through your browser settings. However, if you disable cookies, you may not be able to use all of the features of the Services.

7. Security

We take reasonable steps to protect your personal information from unauthorized access, disclosure, alteration, and destruction. However, no website or internet transmission is completely secure. We cannot guarantee the security of your personal information.

8. International Transfers

Your personal information may be transferred to, and processed in, countries other than your own. These countries may have different data protection laws than your own country. By using the Services, you consent to the transfer of your personal information to these countries.

9. Children’s Privacy

The Services are not intended for children under the age of 13. We do not knowingly collect personal information from children under the age of 13. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us.

10. Changes to Privacy Policy

We may update this Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on the Services. You are responsible for reviewing the Privacy Policy periodically. Your continued use of the Services after the posting of revised Privacy Policy constitutes your acceptance of the revised Privacy Policy.

11. Contact Us

If you have any questions about this Privacy Policy, please contact us at contact@TryNearBy.org.

TryNearBy: Security Policy

At TryNearBy, we are committed to protecting the security of your data and the Services we provide. This Security Policy outlines the safeguards we implement to mitigate potential risks and ensure the confidentiality, integrity, and availability of your information.

1. Data Security

Encryption: We utilize industry-standard encryption technologies to protect your data both in transit and at rest. Sensitive information such as payment details and passwords are always encrypted.
Access Control: Access to your data is restricted to authorized personnel and systems with a legitimate business need. We employ multi-factor authentication (MFA) for additional access control where appropriate.
Vulnerability Management: We regularly conduct vulnerability assessments and penetration testing to identify and address potential security weaknesses in our systems.
Data Backup and Recovery: We maintain regular backups of your data to ensure we can recover in the event of a system outage or disaster.
Incident Response: We have a well-defined incident response plan in place to promptly address any security incidents and minimize potential damage.

2. System Security

Secure Infrastructure: We host our services on secure, cloud-based infrastructure with industry-leading security certifications and practices.
Network Security: We deploy firewall and intrusion detection/prevention systems to monitor and prevent unauthorized access to our networks.
Software Security: We utilize secure coding practices and regularly update our software to address known vulnerabilities.
Logging and Monitoring: We maintain comprehensive logging and monitoring systems to track user activity and identify potential security threats.

3. User Security

Password Policy: We enforce a strong password policy for all accounts, requiring passwords to be complex and regularly changed.
Phishing Awareness: We educate our users on how to identify and avoid phishing attacks and other social engineering scams.
Security Updates: We encourage users to keep their devices and software up to date with the latest security patches.

4. Transparency and Communication

Security Breach Disclosure: We will promptly notify you in the event of a security breach that impacts your data, in accordance with our legal obligations.
Security Reporting: We encourage you to report any suspected security vulnerabilities or incidents to us so we can take appropriate action.

5. Compliance

We strive to comply with all applicable data security and privacy regulations, including the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA).

6. Changes to Security Policy

We may update this Security Policy from time to time. We will notify you of any changes by posting the new Security Policy on the Services. You are responsible for reviewing the Security Policy periodically. Your continued use of the Services after the posting of a revised Security Policy constitutes your acceptance of the revised Security Policy.

7. Contact Us

If you have any questions about this Security Policy, please contact us at contact@TryNearBy.org.

## TryNearBy: General Data Protection Regulation (GDPR) Compliance

Introduction

TryNearBy is committed to protecting the privacy and personal data of our users in accordance with the General Data Protection Regulation (GDPR). The GDPR is a European Union (EU) regulation that sets strict guidelines for the collection, use, and protection of personal data. We have implemented technical and organizational measures to ensure we comply with the GDPR and uphold the highest standards of data protection.

Key GDPR Principles and Steps We Take

Lawfulness, Fairness, and Transparency:
- We collect and process personal data only for specific, legitimate purposes, and we are transparent about how we use this information.
- We obtain explicit consent from individuals before collecting or processing their personal data, whenever required by law.
- We provide clear and concise privacy notices that explain our data practices in a user-friendly manner.
Purpose Limitation:
- We collect and use personal data only for the purposes specified at the time of collection.
- We do not use personal data for any other purposes without obtaining further consent from the individuals.
Data Minimization:
- We collect and process only the minimum amount of personal data necessary to fulfill our purposes.
- We regularly review and update our data retention policies to ensure we do not store personal data for longer than necessary.
Accuracy:
- We take reasonable steps to ensure that the personal data we hold is accurate and up-to-date.
- We provide individuals with the ability to access and rectify their personal data if necessary.
Storage Limitation:
- We store personal data securely and only for as long as necessary to fulfill our purposes or as required by law.
- We have a clear data retention policy in place that outlines how long we retain different types of personal data.
Integrity and Confidentiality:
- We implement appropriate technical and organizational measures to protect personal data from unauthorized access, use, disclosure, alteration, or destruction.
- We regularly review and update our security measures to keep pace with evolving threats and technologies.
Accountability:
- We are responsible for demonstrating compliance with the GDPR and its principles.
- We have designated a Data Protection Officer (DPO) who is responsible for overseeing our data protection practices.
- We maintain records of our data processing activities and cooperate with data protection authorities upon request.

Individual Rights

We respect the rights of individuals under the GDPR, including:

Right to Access: Individuals have the right to access their personal data and information about how we process it.
Right to Rectification: Individuals have the right to have inaccurate or incomplete personal data rectified.
Right to Erasure (Right to be Forgotten): Individuals have the right to request the erasure of their personal data in certain circumstances.
Right to Restriction of Processing: Individuals have the right to restrict the processing of their personal data in certain circumstances.
Right to Data Portability: Individuals have the right to receive their personal data in a structured, commonly used, and machine-readable format and to have it transferred to another controller.
Right to Object: Individuals have the right to object to the processing of their personal data in certain circumstances.

Contact Us

If you have any questions or concerns about our GDPR compliance, please contact our Data Protection Officer at contact@TryNearBy.org.

## TryNearBy: Data Processing Amendment (DPA)

Agreement

This Data Processing Amendment (DPA) is an addendum to the existing Terms of Service agreement between TryNearBy and its customers. It outlines the obligations of both parties regarding the processing of personal data in compliance with applicable data protection laws, including the General Data Protection Regulation (GDPR).

Purpose

This DPA aims to ensure that personal data is processed securely and in accordance with the rights of data subjects. It also establishes clear guidelines for the processing, transfer, and retention of personal data.

Scope

This DPA applies to all personal data processed by TryNearBy on behalf of its customers, including:

Customer data
End-user data
Employee data
Any other personal data collected or processed through TryNearBy’s services

Definitions

Data Controller: The customer who determines the purposes and means of the processing of personal data.
Data Processor: TryNearBy, who processes personal data on behalf of the Data Controller.
Personal Data:Any information relating to an identified or identifiable natural person.
Processing: Any operation or set of operations performed on personal data, such as collection, storage, use, disclosure, or destruction.
Data Subject: The individual whose personal data is being processed.

Obligations of the Data Processor

TryNearBy agrees to:

Process personal data only on documented instructions from the Data Controller.
Implement appropriate technical and organizational measures to protect personal data.
Assist the Data Controller in fulfilling its obligations under data protection laws.
Not transfer personal data to third countries without appropriate safeguards.
Notify the Data Controller of any data breaches without undue delay.
Delete or return all personal data at the end of the contract.

Obligations of the Data Controller

The Data Controller agrees to:

Ensure that the processing of personal data is lawful and necessary.
Provide clear instructions to TryNearBy regarding the processing of personal data.
Cooperate with TryNearBy in fulfilling its obligations under data protection laws.
Respond to data subject requests in a timely manner.

Subprocessors

TryNearBy may engage third-party subprocessors to process personal data on its behalf. TryNearBy will provide a list of subprocessors to the Data Controller upon request.

Security Measures

TryNearBy has implemented the following security measures to protect personal data:

Access controls
Encryption
Data backups
Incident response procedures

Data Subject Rights

TryNearBy will assist the Data Controller in fulfilling its obligations to data subjects, including:

The right to access personal data
The right to rectification
The right to erasure
The right to restrict processing
The right to data portability
The right to object to processing

Dispute Resolution

Any disputes arising under this DPA will be resolved through negotiations between the parties. If negotiations fail, the parties may submit the dispute to binding arbitration.

Governing Law

This DPA will be governed by the laws of [insert applicable jurisdiction].

Contact Us

If you have any questions about this DPA, please contact our Data Protection Officer at [insert DPO contact information].

Effective Date

This DPA is effective as of 2024.

TryNearBy: Cookie Policy

What are Cookies?

Cookies are small text files that websites place on your device when you visit them. They help websites remember information about you and your preferences, making your online experience more convenient and efficient. Here’s a simple analogy to understand how cookies work:

Imagine a bakery where you’re a regular customer. Every time you visit, the baker remembers your favorite treat and has it ready for you. Cookies on websites work similarly; they remember your preferences and settings, saving you time and effort on future visits.

Types of Cookies We Use:

TryNearBy uses various cookies to provide you with the best possible experience on our website. Here’s a breakdown of the types we use and their purposes:

Essential Cookies: These cookies are crucial for the website to function properly. They enable basic features like navigation, page loading, and secure logins. Without these cookies, the website wouldn’t work as intended.
Performance Cookies: These cookies collect information about how you use the website, such as which pages you visit most often and how long you stay on them. This data helps us analyze and improve the website’s performance, making it more user-friendly and efficient.
Functionality Cookies: These cookies allow the website to remember your choices and preferences, such as your language or location. This personalizes your experience and makes it more convenient for you.
Targeting/Advertising Cookies: These cookies track your online activity across different websites and may be used to build a profile of your interests. This information is then used to show you targeted advertisements that are more relevant to you.

Your Cookie Choices:

You have complete control over the cookies placed on your device. You can adjust your cookie preferences through your browser settings. Most browsers allow you to block all cookies, accept all cookies, or choose which cookies to accept and reject.

Here are some helpful links to cookie settings for popular browsers:

Please note: Disabling certain cookies may affect your experience on our website. For example, if you disable essential cookies, you may not be able to access certain features or functionalities.

Changes to our Cookie Policy:

We may update our Cookie Policy from time to time to reflect changes in our practices or technology. We will notify you of any changes by posting the updated Policy on our website. Please review the Cookie Policy periodically for the latest information.

Contact Us:

If you have any questions about our Cookie Policy, please contact us at contact@TryNearBy.org.

By using our website, you agree to the placement and use of cookies as described in this Policy. We hope this clarifies how we use cookies to enhance your experience on TryNearBy.