Legals

Alpaca Travel and Alpaca Maps LEGALS

Last updated 7th October 2016

You have come through to this page from awebsite which is owned and operated by Alpaca Travel PTY Limited.

In this policy, “Alpaca Travel” or “Alpaca Maps”as well as “us”, “we” or “our”, means Alpaca Travel PTY Limited (ABN 29 608 409 990) and its related bodies.

Alpaca Maps is a service operated by AlpacaTravel PTY Limited.

TERMS AND CONDITIONS           

1.Your Acceptance

A.         By using or visiting the Alpaca Travel website or any Alpaca Travel products,software, data feeds, and services provided to you on, from, or through the Alpaca Maps website (collectively the “Service”) you signify youragreement to (1) these terms and conditions (the “Terms of Service”) and also incorporated herein by reference. If you do not agree to any of theseterms please do not use the Service. The Service is provided by Alpaca Travel,which, along with its products and services, is referred to as “Alpaca Travel”in these Terms of Service.

B.         Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version (https://www.alpacamaps.com/legals). Alpaca Travel may, in its sole discretion,modify or revise these Terms of Service and policies at any time, and you agreeto be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.

2.Service

A.         These Terms of Service apply to all users of the Service, including users who arealso contributors of Content on the Service. “Content” includes the text,software, scripts, graphics, photos, sounds, music, videos, audiovisualcombinations, itineraries, maps, interactive features and other materials youmay view on, access through, or contribute to the Service. The Service includesall aspects of Alpaca Travel, including but not limited to all products,software and services offered via the Alpaca Travel or Alpaca Maps website, such as the the Alpaca Travel “Embeddable Alpaca Map” the Alpaca MapsEditor and other applications.

B.         The Service may contain links to third party websites that are not owned orcontrolled by Alpaca Travel. Alpaca Travel has no control over, and assumes noresponsibility for, the content, privacy policies, or practices of any third party websites. In addition, Alpaca Travel will not and cannot censor or editthe content of any third-party site. By using the Service, you expresslyrelieve Alpaca Travel from any and all liability arising from your use of anythird-party website.

C.         Accordingly, we encourage you to be aware when you leave the Service and to read the termsand conditions and privacy policy of each other website that you visit.

3.Alpaca Travel Accounts

A.         In order to access some features of the Service, you will have to create a Alpaca Travel or Alpaca Maps Account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Alpaca Travel immediately of any breach of security or unauthorized use of youraccount.

B.         Although Alpaca Travel will not be liable for your losses caused by any unauthorized useof your account, you may be liable for the losses of Alpaca Travel or others due to such unauthorized use.

4. General Use of the Service—Permissionsand Restrictions

Alpaca Travel hereby grants you permissionto access and use the Service as set forth in these Terms of Service, provided that:

A.         Youagree not to distribute in any medium any part of the Service or the Contentwithout Alpaca Travel’s prior written authorization, unless Alpaca Travel makesavailable the means for such distribution through functionality offered by theService (such as the Embeddable Alpaca Map).

B.         You agree not to alter or modify any part of the Service.

C.         You agree not to access Content through any technology or means other than the through the Service itself, the Embeddable Alpaca Map, or other explicitly authorized means Alpaca Travel may designate.

D.         You agree not to use the Service for any of the following commercial uses unlessyou obtain Alpaca Travel’s prior written approval:

•          the sale of access to the Service;

•          the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or

•          the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless othermaterial not obtained from Alpaca Travel appears on the same page and is of sufficient value to be the basis for such sales.

E.         Prohibited commercial uses do not include:

•          uploading an original itinerary to Alpaca Travel to promote your business or artistic enterprise;

•          showing Alpaca Travel itineraries through the Embeddable Alpaca Map on an ad-enabled blog or website, subject to the advertising restrictions set forth above inSection 4.D; or

•          anyuse that Alpaca Travel expressly authorizes in writing.

(For more information about whatconstitutes a prohibited commercial use, https://www.alpacamaps.com/legals)

F.         If you use the Embeddable Alpaca Map on your website, you may not modify, build upon, or block any portion or functionality of the Embeddable Alpaca Map,including but not limited to links back to the Alpaca Travel website.

G.         You agree not to use or launch any automated system, including without limitation,”robots,” “spiders,” or “offline readers,” thataccesses the Service in a manner that sends more request messages to the AlpacaTravel servers in a given period of time than a human can reasonably produce inthe same period by using a conventional on-line web browser. Notwithstanding the foregoing, Alpaca Travel grants the operators of public search enginespermission to use spiders to copy materials from the site for the sole purposeof and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. AlpacaTravel reserves the right to revoke these exceptions either generally or inspecific cases. You agree not to collect or harvest any personally identifiableinformation, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for anycommercial solicitation purposes. You agree not to solicit, for commercialpurposes, any users of the Service with respect to their Content.

H.         In your use of the Service, you will comply with all applicable laws.

I.          Use of this service is subject to an Acceptable Use Policy which changes from timeto time.

J.          AlpacaTravel reserves the right to discontinue any aspect of the Service at any time.

5.Your Use of Content

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.

A.         The Content on the Service, and the trademarks, service marks and logos (“Marks”) on the Service, are owned by or licensed to Alpaca Travel, subject to copyright and other intellectual property rights under the law.

B.         Content is provided to you AS IS. You may access Content for your information andpersonal use solely as intended through the provided functionality of theService and as permitted under these Terms of Service. You shall not downloadany Content unless you see a “download” or similar link displayed by AlpacaTravel on the Service for that Content. You shall not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute,transmit, broadcast, display, sell, license, or otherwise exploit any Contentfor any other purposes without the prior written consent of Alpaca Travel orthe respective licensors of the Content. Alpaca Travel and its licensors reserve all rights not expressly granted in and to the Service and the Content.

C.         You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.

D.         You understand that when using the Service, you will be exposed to Content from avariety of sources, and that Alpaca Travel is not responsible for the accuracy,usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and youagree to waive, and hereby do waive, any legal or equitable rights or remediesyou have or may have against Alpaca Travel with respect there to, and, to theextent permitted by applicable law, agree to indemnify and hold harmless AlpacaTravel, its owners, operators, affiliates, licensors, and licensees to thefullest extent allowed by law regarding all matters related to your use of theService.

6.Your Content and Conduct

A.         As an Alpaca Travel or Alpaca Maps account holder you may submit Content to theService, including itineraries and user comments. You understand that AlpacaTravel does not guarantee any confidentiality with respect to any Content yousubmit.

B.         You shall be solely responsible for your own Content and the consequences ofsubmitting and publishing your Content on the Service. You affirm, represent,and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Alpaca Travel allpatent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.

C.         For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to Alpaca Travel, you hereby grant Alpaca Travel aworldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish,adapt, make available online or electronically transmit, and perform the Content in connection with the Service and Alpaca Travel’s (and its successors’and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each userof the Service a non-exclusive license to access your Content through theService, and to use, reproduce, distribute, display, publish, make availableonline or electronically transmit, and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in itinerary Content you submit to the Service terminate within a commercially reasonable time after you remove or delete youritineraries or content from the Service. You understand and agree, however,that Alpaca Travel may retain, but not display, distribute, or perform, server copies of your itineraries that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.

D.         You further agree that Content you submit to the Service will not contain thirdparty copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of thematerial or you are otherwise legally entitled to post the material and togrant Alpaca Travel all of the license rights granted herein.

E.         You further agree that you will not submit to the Service any Content or othermaterial that is contrary to the Alpaca Travel Community Guidelines, currentlyfound at https://www.alpacamaps.com/legals, which may be updated from time totime, or contrary to applicable local, national, and international laws andregulations.

F.         AlpacaTravel does not endorse any Content submitted to the Service by any user orother licensor, or any opinion, recommendation, or advice expressed therein,and Alpaca Travel expressly disclaims any and all liability in connection withContent. Alpaca Travel does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Alpaca Travel will remove all Content if properly notified that such Content infringes onanother’s intellectual property rights. Alpaca Travel reserves the right toremove Content without prior notice.

7.Account Termination Policy

A.         AlpacaTravel will terminate a user’s access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.

B.         AlpacaTravel reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limitedto, pornography, obscenity, or excessive length. Alpaca Travel may at any time,without prior notice and in its sole discretion, remove such Content and/orterminate a user’s account for submitting such material in violation of theseTerms of Service.

8. Copyright Policy

A.         AlpacaTravel operates a clear copyright policy in relation to any Content alleged toinfringe the copyright of a third party. Details of that policy can be foundhere https://www.alpacamaps.com/legals.

B.         Aspart of Alpaca Travel’s copyright policy, Alpaca Travel will terminate useraccess to the Website if a user has been determined to be a repeat infringer. Arepeat infringer is a user who has been notified of infringing activity morethan twice.

9.Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ALPACATRAVEL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXCLUDE ALL WARRANTIES,EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. TOTHE FULLEST EXTENT PERMITTED BY LAW, ALPACA TRAVEL EXCLUDES ALL WARRANTIES,CONDITIONS, TERMS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THISSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NOLIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZEDACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATIONAND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATIONOF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES,OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRDPARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS ORDAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. ALPACA TRAVELDOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCTOR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANYHYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ALPACATRAVEL WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANYTRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. ASWITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANYENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, INNO EVENT SHALL ALPACA TRAVEL, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BELIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSSESOR EXPENSES OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS,MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE,OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OURSERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/ORANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES,(IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TOOR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OFYOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADEAVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANYOTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES.

WE UNDERSTAND THAT, IN SOME JURISDICTIONS,WARRANTIES, DISCLAIMERS AND CONDITIONS MAY APPLY THAT CANNOT BE LEGALLYEXCLUDED, IF THAT IS TRUE IN YOUR JURISDICTION, THEN TO THE EXTENT PERMITTED BYLAW, ALPACA TRAVEL LIMITS ITS LIABILITY FOR ANY CLAIMS UNDER THOSE WARRANTIESOR CONDITIONS TO EITHER SUPPLYING YOU THE SERVICES AGAIN (OR THE COST OF SUPPLYING YOU THE SERVICES AGAIN).

YOU SPECIFICALLY ACKNOWLEDGE THAT ALPACATRAVEL SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Service is controlled and offered byAlpaca Travel from its facilities in Australia. Alpaca Travel makes norepresentations that the Service is appropriate or available for use in otherlocations. Those who access or use the Service from other jurisdictions do soat their own volition and are responsible for compliance with local law.

11.Indemnity

To the extent permitted by applicable law,you agree to defend, indemnify and hold harmless Alpaca Travel, its parent corporation,officers, directors, employees and agents, from and against any and all claims,damages, obligations, losses, liabilities, costs or debt, and expenses(including but not limited to legal fees) arising from: (i) your use of andaccess to the Service; (ii) your violation of any term of these Terms ofService; (iii) your violation of any third party right, including withoutlimitation any copyright, property, or privacy right; or (iv) any claim thatyour Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.

12.Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions,obligations, affirmations, representations, and warranties set forth in theseTerms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Service is notintended for children under 13. If you are under 13 years of age, then pleasedo not use the Service. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

We provide these Terms of Service with our Service so that you know what terms apply to your use. You acknowledge that we have given you a reasonable opportunity to review these Terms of Service and that you have agreed to them.

13.Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but maybe assigned by Alpaca Travel without restriction.

14.General

You agree that: (i) the Service shall bedeemed solely based in Victoria; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over Alpaca Travel,either specific or general, in jurisdictions other than Victoria. You agree that the laws of Australia, excluding Victoria’s choice of law rules, will apply to these Terms of Service. In addition, for any dispute arising out of orrelated to the Service, the parties consent to personal jurisdiction in, andexclusive venue of, the courts in Victoria. These Terms of Service, togetherwith the Privacy Notice at https://www.alpacamaps.com/legals and any other legal notices published by Alpaca Travel on the Service, shall constitute the entireagreement between you and Alpaca Travel concerning the Service. If it turns outthat a particular term is not enforceable, this will not affect any otherterms. No waiver of any term of this Terms of Service shall be deemed a furtheror continuing waiver of such term or any other term, and Alpaca Travel’s failure to assert any right or provision under these Terms of Service shall notconstitute a waiver of such right or provision. YOU AND ALPACA TRAVEL AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUSTCOMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCHCAUSE OF ACTION IS PERMANENTLY BARRED.

Acceptable Use Policy

While we will endeavour to be able to support a large volume of traffic and visitation to our service as a result of using our Embeddable Alpaca Map, if we determine that as a result of your use of the Service is compromising the right or experience of the other users enjoying the Service, we may choose to terminate the service offering. Thiscould include generating too much traffic to our services or placing ourservices under load. We will do our best to support your use of our Service, but reserve the right to determine acceptable use of our product and suspend the Service.

Community Guidelines

Please do not create content on our platform involving any of the below;

•          Nudity or sexual content

•          Harmful or dangerous content

•          Violent or graphic content

•          Copyrighted material you do not have the right to use

•          Hateful content or threats

•          Spam, misleading metadata and scams

•          Purposefully misleading information

Commercial Use

We don’t want to discourage you from putting the occasional Alpaca Travel map in your blog to comment on it or show your readers a map that you like, even if you have general-purpose ads somewhere on your blog. We will, however, enforce our Terms of Use against,say, a website that does nothing more than aggregate a bunch of embedded AlpacaMap itineraries and intentionally tries to generate ad revenue from them.

Copyright Notice

If you believe your copyright-protected work was posted onto Alpaca Travel without authorisation, you may submit an infringement notification. Please do not make false claims. Misuse of this process may result in the suspension of your account or other legal consequences. Please send the infringement notification to legals@alpaca.travel.

Privacy Note – Our Privacy Policy

This policy sets out:

•          what is considered personal information;

•          what personal information we collect and hold;

•          how we collect, hold, use or disclose personal information;

•          the purposes for which we collect personal information;

•          what happens if we are not able to collect personal information;

•          how to seek access to and correct your personal information;

•          whether we disclose personal information outside Australia; and

•          how to contact us.

We are bound by the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) (subject to exemptions thatapply to us under that Act).

We may, from time to time, review and update this policy, including taking account of new or amended laws, new technology and/or changes to our operations. All personal information held by us will be governed by the most recently updated policy.

WHAT IS PERSONAL INFORMATION

When used in this policy, the term“personal information” has the meaning given to it in the Act. In general terms, it is any information that can be used to personally identify you. Thismay include (but is not limited to) your name, age, gender, social handles and contact details (including email addresses). If the information we collect personally identifies you, or you are reasonably identifiable from it, the information will be considered personal information.

 

WHAT PERSONAL INFORMATION DO WE COLLECT AND HOLD

We may collect the following types ofpersonal information:

•          name;

•          email address;

•          your travel information and information on your travel profile (including country oforigin etc)

•          age or birth date;

•          details about what services you use of ours, including any personal information thatwas provided through the use of that service (e.g. submitted Content as per ourTerms and Conditions)

•          any additional information relating to you that you provide to us directly throughour websites or indirectly through use of our website or online presence through our representatives or otherwise;

•          information you provide to us through engagements from time to time, including feedback surveys and nominated personal information you provide the website.

COOKIES

Often we will also collect your personal information through the use of cookies. When you access our website, we maysend a “cookie” (which is a small summary file containing a unique ID number)to your computer. This enables us to recognise your computer and greet you eachtime you visit our website, without bothering you with a request to register orlog-in. It also helps us keep track of what content or services you view, sothat we may be able to send you content. We also use cookies to measure traffic patterns, to determine which areas of our websites have been visited, and tomeasure transaction patterns in the aggregate. We use this to research our users’ habits so that we can improve our online products and services. If youdo not wish to receive cookies, you can set your browser so that your computerdoes not accept them. We may also log IP addresses (the electronic addresses of computers connected to the internet) to analyse trends, administer the website, track user movements, and gather broad demographic information.

We may also collect anonymous data (whichis not personal information) relating to your activity on our websites(including IP addresses) via cookies, or we may collect information from you inresponse to a survey. We generally use this information to report statistics,analyse trends, administer our services, diagnose problems and target and improve the quality of our products and services. To the extent thisinformation does not constitute personal information because it does not identify you or anyone else, the Australian Privacy Principles do not apply and we may use this information for any purpose and by any means whatsoever.

HOW WE COLLECT PERSONAL INFORMATION

We collect your personal information directly from you unless it is unreasonable or impractical to do so.

We do this in ways including:

•          through your access and use of our website, apps or embeddable content;

•          during conversations between you and our representatives;

•          from the content you create using our service;

•          from the information you nominate to our service to display your travel profile

We may also collect personal information from third parties including:

•          advertisers;

•          mailing lists;

•          contractors and business partners.

WHY DO WE COLLECT, HOLD, USE AND DISCLOSE PERSONAL INFORMATION

The primary purpose for which we collect information about you is to enable us to perform our business activities and functions and to provide best possible quality of customer service. We collect,hold, use and disclose your personal information for the following purposes:

•          to provide products and services to you;

•          to provide you with content and information or advice about our existing and newproducts and services;

•          to communicate with you including by email;

•          to manage and enhance our products and services;

•          to personalise and customise your experience;

•          to provide you with access to protected areas of our websites;

•          to conduct competitions or promotions on behalf of Alpaca Travel and selectedthird parties;

•          to verify your identity;

•          to provide as part of business data to third parties if you have authorised us todo so;

•          to conduct business processing functions for operation of our websites or ourbusiness;

•          for our administrative, marketing (including direct marketing), promotional,planning, product/service development, quality control and research purposes,or those of our contractors or external service providers;

•          to provide your updated personal information to us, our contractors or external service providers;

•          to investigate any complaints about or made by you, or if we have reason to suspect that you are in breach of any of our terms and conditions or that youare or have been otherwise engaged in any unlawful activity; and/or

•          as required or permitted by any law (including the Privacy Act).

Your personal information will not beshared, sold, rented or disclosed other than as described in this Privacy Policy.

WHAT HAPPENS IF WE CAN’T COLLECT YOUR PERSONAL INFORMATION

If you do not provide us with the personal information described in this policy, some or all of the following may happen:

•          we may not be able to provide you with the products or services you requested,either to the same standard, or at all (for example, if you do not register an account of a website, you will not be able to access features or services that are reserved for account holders only);

•          we may not be able to provide you with information about products and services that you may want, including information about travel; or

•          we may be unable to tailor the content of our websites to your preferences andyour experience of our websites may not be as enjoyable or useful.

HOW DO WE DISCLOSE YOUR PERSONAL INFORMATION

We may disclose your personal informationto:

•          our employees, related bodies corporate, contractors or external service providersfor the operation of our websites or our business, fulfilling requests by you,and otherwise provide products and services to you, including without limitation, web hosting providers, IT systems administrators, photographic analysers, data entry service providers, electronic network administrators, and professional advisers such as accountants, solicitors, business advisors and consultants;

•          our existing or potential agents, business partners or joint venture entities orpartners;

•          our sponsors, or promoters of any competition that we conduct or promote via ourservices;

•          specificthird parties authorised by you to receive information held by us;

•          the police, any relevant authority or enforcement body, or your Internet ServiceProvider or network administrator, for example, if we have reason to suspectthat you have committed a breach of any of our terms and conditions, or have otherwise been engaged in any unlawful activity, and we reasonably believe thatdisclosure is necessary;

•          as required or permitted by any law (including the Privacy Act).

DIRECTMARKETING MATERIALS

We may send you direct marketing communications and information about products and services that we consider maybe of interest to you. These communications may be sent in various forms,including email, in accordance with applicable marketing laws, such as the SpamAct 2004 (Cth). If you indicate a preference for a method of communication, we will endeavour to use that method whenever practical to do so.

In addition, at any time, you may opt-outof receiving marketing communications from us by contacting us (details below)or by using the opt-out facilities provided (e.g. an unsubscribe link). We willthen ensure that your name is removed from our mailing list. We do not provideyour personal information to other organisations for the purposes of direct marketing unless expressly authorised by you.

If you receive communications from us thatyou believe have been sent to you other than in accordance with this policy, orin breach of any law, please contact us using the details provided below.

ACCESSING AND CORRECTING YOUR PERSONAL INFORMATION

You may request access to any personal information we hold about you at any time by contacting us (details below).Where we hold information that you are entitled to access, we will try toprovide you with suitable means of accessing it (for example, by mailing oremailing it to you. We will not charge for simply making a request and will not charge for making any corrections to your personal information. If you make anaccess request, we will ask you to verify your identity. There may be instanceswhere we cannot grant you access to the personal information we hold. For example, we may need to refuse access if granting access would interfere withthe privacy of others, or if it would result in a breach of confidentiality. Ifthat happens, we will give you written reasons for any refusal.

If you believe that personal information wehold about you is incorrect, incomplete or inaccurate, then you may request usto amend it. We will consider if the information requires amendment. If we do not agree that there are grounds for amendment, then we will add a note to thepersonal information stating that you disagree with it.

HOW YOU CAN COMPLAIN ABOUT A BREACH OF PRIVACY

If you believe your privacy has been breached by us, have any questions or concerns about our Privacy Policy please,contact us using the contact information below and provide details of theincident so that we can investigate it.

We will treat your requests or complaints confidentially. Our representative will contact you within a reasonable time after receipt of your complaint to discuss your concerns and outline options regarding how they may be resolved. We will aim to ensure that your complaint is resolved in a timely and appropriate manner.

 

Pleasecontact our Privacy Officer at:

Privacy Officer

Email: legals@alpaca.travel

 

DISCLOSURE OF PERSONAL INFORMATION OUTSIDE AUSTRALIA

We may disclose personal information to ourrelated bodies corporate and external service providers located overseas forsome of the purposes listed above. We take reasonable steps to ensure that theoverseas recipients of your personal information do not breach the privacy obligations relating to your personal information.

We may disclose your personal information to entities located outside of Australia, including the following:

•          our data hosting and Cloud-based IT service providers;

•          other external service providers located in the Lithuania.; and

SECURITY

We will take all reasonable steps to protect the personal information that we hold from misuse, loss, orunauthorised access, including by means of firewalls, password access, secure servers and encryption.

If you suspect any misuse or loss of, or unauthorised access to, your personal information, please let us know immediately.

 

LINKS

Our website may contain links to other websites operated by third parties. We make no representations or warranties inrelation to the privacy practices of any third party website and we are not responsible for the privacy policies or the content of any third party website.Third party websites are responsible for informing you about their own privacy practices.

CHANGES TO OUR PRIVACY POLICY

We may change this privacy policy from time to time. Any updated versions of this privacy policy will be posted on our website.

TRACKING AND TARGETING

Alpaca Travel collects data about yourbrowsing activity on our Services. We may also use non-personal information that we collect about you on our network to identify you on third partywebsites where we have an arrangement in place to serve ads on those thirdparty websites. We may also collect anonymous internet usage data from thirdparties.

One of the reasons we collect usage data isto display targeted advertisements or content on our network and also on thirdparty websites. For that purpose, usage data is collected and assigned to oneor more pre-defined categories (for example “holiday seekers”). If this infersa particular interest, a cookie is placed in your web browser which maydetermine the type of targeted advertising or content that you receive. Wetarget advertisements and content in order to improve your user experience – so that you are served advertisements and content that we believe may be morerelevant or useful to you.

To create consumer profiles we also collateanonymous data from other sources across our network, including accounts,surveys or competitions. However, we will not combine usage data with yourpersonal information (as defined in the Privacy Act 1988 (Cwth)), or share yourpersonal information with any third party, except in accordance with thePrivacy Act 1988 (Cwth) and our Privacy Policy.

Advertisements or content may also be”targeted” to users based on:

•          the type of content displayed on a given web page;

•          the geographical location of a user (ie. identified by an IP address); or

•          specific searches undertaken by a user.

Other reasons we may collect anonymous usage data include:

•          to limit the number of times users are served certain ads;

•          to monitor the performance of advertising campaigns;

•          to audit, research, and analyse usage in order to maintain and improve ourservices, and to develop new services; and

•          to ensure that our ad-serving technologies function properly.

We will not collect usage data or target advertisements based on the following market segments:

•          racialor ethnic origin; or

•          political opinions; or

•          membership of a political association; or

•          religious beliefs or affiliations; or

•          philosophical beliefs; or

•          membership of a professional or trade association; or

•          membership of a trade union; or

•          sexual preferences or practices; or

•          criminal record; or

•          health information; or

•          genetic information that is not otherwise health information.

If we ever seek to target advertisements based on the above market segments, we will first obtain your express consent.