Privacy Policy

Last Updated: June 1, 2020

1.  INTRODUCTION


Thank you for using the Jewel Trek App offered by ESR, LLC! Your trust is important to us and we’re committed to protecting the privacy and security of your personal information. The information that’s shared with us helps us to provide a great experience with ESR through the Jewel Trek App. We have a dedicated privacy team that’s committed to protecting all the personal information we collect and help ensure that personal information is handled properly worldwide.

This Privacy Policy describes how we collect, use, process, and disclose your personal information, in conjunction with your access to and use of the Jewel Trek App. This privacy policy describes our privacy practices for all websites, platforms, and services that link to it. Please read the privacy policy on the applicable site.


1.1   Definitions


If you see an undefined term in this Privacy Policy, it has the same definition as in our Terms and Conditions (“Terms”) .


1.2   Data Controller


When this policy mentions “ESR,” “Jewel Trek,” “Jewel Trek App,” “Jewel Trek Platform,” “we,” “us,” or “our,” it refers to the ESR, LLC limited liability company that is responsible for your information under this Privacy Policy (the “Data Controller”).


1.3   Applicability to Payments


This Privacy Policy also applies to any payment information entered into the Jewel Trek App (“Payments Terms”). Any and all payment processing services through or in connection with your use of the Jewel Trek App ("Payment Services") are provided to you by one or more third-party payment entities (individually and collectively, as appropriate, "Payment Processors"). Payment Processor terms and conditions and privacy policies can be found on the applicable Payment Processor website or app, and may be made available by the Payment Processor at the time you agree to the Payment Processor’s services. Any Payment Services you use may require you to agree to the Payment Processor’s terms and conditions, enter in an agreement with the Payment Processor, or agree to one or more other agreements, as required by the Payment Processor. ESR, LLC is not responsible for any data or privacy issues caused by you or a Payment Processor.

Please see the Contact Us section below for contact details of the Data Controllers and Payment Processors.


2.   INFORMATION WE COLLECT


There are three general categories of information we collect.

2.1   Information You Give to Us.


2.1.1    Information that is necessary for the use of the Jewel Trek App.


We ask for and collect the following personal information about you when you use ESR, LLC’s services and applications, including the Jewel Trek App. This information is necessary for the adequate performance of the contract between you and us, and to allow us to comply with our legal obligations. Without it, we may not be able to provide you with all the requested services.
  • Account Information. When you sign up for an account through the Jewel Trek App, we require certain information such as your first name, last name, email address, and date of birth.
  • Profile and Listing Information. To use certain features of the Jewel Trek App (such as book Trek Specialist Services or create a Listing), we may ask you to provide additional information, which may include your address, phone number, and a profile picture.
  • Identity Verification Information. To help create and maintain a trusted environment, we may collect identity verification information (such as images of your government issued ID, passport, national ID card, or driving license, as permitted by applicable laws) or other authentication information.
  • Payment Information. To use certain features of the Jewel Trek App (such as booking or creating a Listing), we may require you to provide certain financial information (like your bank account or credit card information) in order to facilitate the processing of payments. You may also be required to provide such financial information to Payment Processors that process payments for ESR, LLC.
  • Communications with ESR and other users. When you communicate with ESR or use the Jewel Trek App to communicate with other users, including Trek Specialists, we collect information about your communication and any information you choose to provide.


2.1.2   Information you choose to give us.


You may choose to provide us with additional personal information in order to obtain a better user experience when using the Jewel Trek App. This additional information will be processed based on our legitimate interest or when applicable, your consent.

  • Additional Profile Information. You may choose to provide additional information as part of your Jewel Trek App profile (such as gender, preferred language(s), city, and a personal description). Some of this information as indicated in your account settings is part of your public profile page, and will be publicly visible to others.
  • Other Information. You may otherwise choose to provide us information when you fill in a form, update or add information to your Jewel Trek account, respond to surveys, post to community forums, participate in promotions, communicate with our customer care team, share your experience with us (such as through Trek Specialist Stories), or use other features of the Jewel Trek App.

2.1.3    Information Payments.


The Payment Processors may need to collect the following information necessary for the adequate performance of the contract with you and to comply with applicable law (such as anti-money laundering regulations). Without it, you will not be able to pay for Trek Specialist Services or participate in an experience as a Traveler, or receive payment for providing Trek Specialist Services. Additionally, ESR may retain certain payment information to help efficiently facilitate future transacting with ESR, LLC:

  • Payment Information. When you make payments through the Jewel Trek App, the Payments Processor’s require certain financial information (like your bank account or credit card information) in order to process payments and comply with applicable law.
  • Payment Information. When you make payments through the Jewel Trek App, the Payments Processor’s require certain financial information (like your bank account or credit card information) in order to process payments and comply with applicable law. Identity Verification and Other Information. If you are a Trek Specialist, the Payments Processor Controller may require identity verification information (such as images of your government issued ID, passport, national ID card, or driving license) or other authentication information, your date of birth, your address, email address, phone number and other information in order to verify your identity, provide the payment services to you, and to comply with applicable law.
  • ESR, LLC may store certain financial information for you to help efficiently facilitate future transacting with ESR, LLC through the Jewel Trek App.


2.1.4   Information We Automatically Collect from Your Use of the Jewel Trek App.


When you use the Jewel Trek App, we automatically collect personal information about the services you use and how you use them. This information is necessary for the adequate performance of the contract between you and us, to enable us to comply with legal obligations and given our legitimate interest in being able to provide and improve the functionalities of the Jewel Trek App.

  • Geo-location Information. When you use certain features of the Jewel Trek App, we may collect information about your precise or approximate location as determined through data such as your IP address or mobile device’s GPS to offer you an improved user experience. Most mobile devices allow you to control or disable the use of location services for applications in the device’s settings menu. The Jewel Trek App may also collect this information even when you are not using the app if this connection is enabled through your settings or device permissions.
  • Usage Information. We collect information about your interactions with the Jewel Trek App such as the pages or content you view, your searches for Listings, Trek Specialist Services, or Treks, bookings you have made, and other actions on the Jewel Trek App.
  • Log Data and Device Information. We automatically collect log data and device information when you access and use the Jewel Trek App, even if you have not created a Jewel Trek account or logged in. That information includes, among other things: details about how you’ve used the Jewel Trek App (including if you clicked on links to third party applications), IP address, access dates and times, hardware and software information, device information, device event information, unique identifiers, crash data, cookie data, and the pages you’ve viewed or engaged with before or after using the Jewel Trek App.
  • Cookies and Similar Technologies. We use cookies and other similar technologies when you use our platform, use our mobile app, or engage with our online ads or email communications. We may collect certain information by automated means using technologies such as cookies, web beacons, pixels, browser analysis tools, server logs, and mobile identifiers. In many cases the information we collect using cookies and other tools is only used in a non-identifiable manner without reference to personal information. For example, we may use information we collect to better understand website traffic patterns and to optimize our website experience. In some cases we associate the information we collect using cookies and other technology with your personal information. Our business partners may also use these tracking technologies on the Jewel Trek App or engage others to track your behavior on our behalf.
  • Pixels and SDKs. Third parties, including Facebook, may use cookies, web beacons, and other storage technologies to collect or receive information from our websites and elsewhere on the internet and use that information to provide measurement services and target ads. For apps, third parties, including Facebook, may collect or receive information from your app and other apps and use that information to provide measurement services and targeted ads. Users can opt-out of the collection and use of information for ad targeting by updating their Facebook account ad settings and by contacting opt-out@jeweltrek.com with a description of your request and validation information. Users can access a mechanism for exercising such a choice by going tohttp://www.aboutads.info/choices and http://www.youronlinechoices.eu/.. For more information on our use of these technologies, see our Cookie Policy.
  • Do Not Track Signals. While you may disable the usage of cookies through your browser settings, the Jewel Trek App currently does not respond to a “Do Not Track” signal in the HTTP header from your browser or mobile application due to lack of standardization regarding how that signal should be interpreted.
  • Payment Transaction Information. The Jewel Trek App collects information related to your payment transactions through the Jewel Trek App, including payment card information, payment instrument expiration date, billing address and postal code, and other related transaction details. This information is necessary to streamline future payments through the Jewel Trek App.

2.1.5   Information We Collect from Third Parties.


Jewel Trek and ESR may collect information, including personal information, that others provide about you when they use the Jewel Trek App, or obtain information from other sources and combine that with information we collect through the Jewel Trek App. We do not control, supervise, or respond to how the third parties providing your information process your personal information, and any information request regarding the disclosure of your personal information to us should be directed to such third parties.

  • Third Party Services. If you link, connect, or login to your Jewel Trek account with a third party service (e.g. Google, Facebook, WeChat), the third party service may send us information such as your registration, friends list, and profile information from that service. This information varies and is controlled by that service or as authorized by you via your privacy settings at that service.
  • Your References. If someone has written a reference for you, it will be published on your Jewel Trek public profile page with your consent.
  • Background Information. For Jewel Trek Trek Specialists in the United States, to the extent permitted by applicable laws, Jewel Trek and ESR may obtain reports from public records of criminal convictions or sex offender registrations. For Trek Specialists outside of the United States, to the extent permitted by applicable laws and with your consent where required, Jewel Trek may obtain the local version of police, background, or registered sex offender checks. We may use your information, including your full name and date of birth, to obtain such reports. Neither ESR nor Jewel Trek obtain background information on Travelers. All background checks obtained by ESR, LLC are produced by the Nepali government.
  • Referrals. If you are invited to Jewel Trek, the person who invited you may submit personal information about you such as your email address or other contact information.
  • Other Sources. To the extent permitted by applicable law, we may receive additional information about you, such as demographic data or information to help detect fraud and safety issues, from third party service providers and/or partners, and combine it with information we have about you. For example, we may receive background check results (with your consent where required) or fraud warnings from service providers like identity verification services for our fraud prevention and risk assessment efforts. We may receive information about you and your activities on and off the Jewel Trek App through partnerships, or about your experiences and interactions from our partner ad networks.

2.2   Children’s Data.


Our websites and applications are not directed to children under 18 and we do not knowingly collect any personal information directly from children under 18. If you believe that we are processing the personal information pertaining to a child inappropriately, we take this very seriously and urge you to contact us using the information provided under the “Contact Us” section below.


3.   HOW WE USE INFORMATION WE COLLECT


We may use, store, and process personal information to (1) provide, understand, improve, and develop the Jewel Trek App, (2) create and maintain a trusted and safer environment (such as to comply with our legal obligations and ensure compliance with ESR policies) and (3) provide, personalize, measure, and improve our advertising and marketing.


3.1   Provide, Improve, and Develop the Jewel Trek App. We may use the personal information to provide, improve, and develop the Jewel Trek App such as to:


  • Enable you to access and use the Jewel Trek App,
  • Enable you to communicate with other users,
  • Operate, protect, improve, and optimize the Jewel Trek App and experience, such as by performing analytics and conducting research,
  • Provide customer service,
  • Send you service or support messages, updates, security alerts, and account notifications,
  • If you provide us with your contacts’ information, we may process this information: (i) to facilitate your referral invitations, (ii) send your requests for references, (iii) for fraud detection and prevention, and (iv) for any purpose you authorize at the time of collection, and
  • To operate, protect, improve, and optimize the Jewel Trek App and experience, and personalize and customize your experience (such as making Listing or Trek Specialist Service suggestions, ranking search results), and facilitate claims with any guarantees we may offer, we conduct profiling based on your interactions with the Jewel Trek App, your search and booking history, your profile information and preferences, and other content you submit to the Jewel Trek App.

We process this personal information for these purposes given our legitimate interest in improving Jewel Trek and our users’ experience with it, and where it is necessary for the adequate performance of the contract with you.



3.2   Create and Maintain a Trusted and Safer Environment. We may use the personal information to create and maintain a trusted and safer environment such as to:


  • Detect and prevent fraud, spam, cybersecurity incidents, and other harmful online activity, Conduct cybersecurity investigations and cyber risk assessments,
  • Verify or authenticate information or identifications provided by you,
  • Conduct checks against databases and other information sources, including background or police checks, to the extent permitted by applicable laws and with your consent where required,
  • Comply with our legal obligations,
  • Resolve any disputes with any of our users and enforce our agreements with third parties, Enforce our Terms and other policies, and
  • In connection with the activities above, we may conduct profiling based on your interactions with ESR and Jewel Trek, your profile information and other content you submit to the Jewel Trek App, and information obtained from third parties. In limited cases, automated processes may restrict or suspend access to the Jewel Trek App if such processes detect activity that we think poses a safety or other risk to the Jewel Trek App, our community, or third parties. If you challenge the decisioning based on the automated process, please contact us as provided in the Contact Us section below.

We process this personal information for these purposes given our legitimate interest in protecting ESR and the Jewel Trek App, to measure the adequate performance of our contract with you, and to comply with applicable laws.


3.3   Provide, Personalize, Measure, and Improve our Advertising and Marketing. We may use the personal information to provide, personalize, measure, and improve our advertising and marketing such as to:


  • Send you promotional messages, marketing, advertising, and other information that may be of interest to you based on your preferences (including information about ESR, Jewel Trek, or partner campaigns and services) and social media advertising through social media platforms (such as Facebook or Google),
  • Personalize, measure, and improve our advertising,
  • Administer referral programs, rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored or managed by Jewel Trek or its third-party partners,
  • Conduct profiling on your characteristics and preferences (based on the information you provide to us, your interactions with the Jewel Trek App, information obtained from third parties, and your search and booking history) to send you promotional messages, marketing, advertising and other information that we think may be of interest to you, and
  • Enrolling in an email subscription will not affect the frequency of administrative emails that we may send in connection with any Jewel Trek account. No fee is charged for sending promotional emails to you, but third-party data rates may apply. Note that you may not be able to take advantage of certain promotions if you do not have a Jewel Trek account.

We will process your personal information for the purposes listed in this section given our legitimate interest in undertaking marketing activities to offer you products or services that may be of your interest.


3.4   SMS Terms for U.S.


For text messaging in the United States, by requesting, joining, agreeing to, enrolling in, signing up for, acknowledging, or otherwise consenting to receive one or more text messages (“Opting In”) or using an ESR or Jewel Trek arrangement in which ESR, LLC or Jewel Trek sends (or indicates that it may send, or receives a request that it send) one or more text messages (“Text Message Service”), you accept these SMS Terms for U.S. (“SMS Terms”), consent to the handling of your personal information as described in the Jewel Trek Privacy Policy, and agree to resolve disputes with ESR, LLC as described in our Terms of Service. Message and data rates may apply.


ESR, LLC will use reasonable commercial efforts to deliver the automated marketing text messages to the number you provide through compatible wireless carriers. Carriers and ESR, LLC are not liable for delayed or undelivered messages. The short code we use for some Text Message Services may not be supported on all U.S. carriers.


Opting In


By Opting In to a Text Message Service:

  • You expressly authorize ESR, LLC to use autodialer or non-autodialer technology to send text messages to the cell phone number associated with your opt-In (i.e., the number listed on the opt-In form or instructions, or, if none, the number from which you send the opt-In, or, if none, the number on file for your account). You also authorize ESR, LLC to include marketing content in any such messages. You do not have to opt in or agree to opt-In as a condition of purchase.
  • You consent to the use of an electronic record to document your opt-In. To withdraw that consent, request a free paper or email copy of the opt-In, or to update our records with your contact information, please contact ESR, LLC via the methods described in the Contact Us section. To view and retain an electronic copy of these SMS Terms or the rest of your opt-In, you will need (i) a device (such as a computer or cell phone) with internet access, and (ii) either a printer or storage space on such device. If you withdraw your consent, certain features of our service may not be available to you. To update information on how we would contact you electronically, visit your Notification settings in your account settings.
  • You confirm you are the subscriber to the relevant phone number or you are the customary user of that number on a family or business plan and you are authorized to opt In.
  • You consent to the use of an electronic record to document your opt-In. To withdraw that consent, update our records with your contact information, please visit your Jewel Trek account Notifications settings or contact customer support.
  • These SMS Terms still will apply if you withdraw the consent mentioned above or opt out of the Text Message Service.

After Opting In, in addition to the main messages the service offers, you may receive one or more welcome messages or administrative messages, such as (in some cases) a request to confirm your opt-In.


About the Text Message Services and Opting Out


Message and data rates may apply. Unless otherwise noted, Text Message Services send multiple, recurring messages. ESR, LLC may terminate any Text Message Service or your participation in it at any time with or without notice, including, for example, before you have received any or all messages that you otherwise would have received, but these SMS Terms still will apply. Text STOP to any promotional message to opt-out or if applicable update your “Notification” settings within your Jewel Trek App account.


For additional help, text HELP in response to a marketing message or contact customer service.


3.5    Your Choices


You have choices on the promotional messages that you choose to receive.

  • You can limit the information you provide to ESR, LLC. Participation in promotions and marketing programs is voluntary.
  • You can limit the communications that ESR, LLC sends to you.
    • To opt-out of marketing emails, simply click the link labeled “unsubscribe” at the bottom of any marketing email we send you or access the notification settings in your Jewel Trek App account.
    • To revoke permissions that you may have given to send promotional text messages, text STOP in response to any message.
    • You can always update your notification settings within your Jewel Trek App account by visiting the Notifications section of your Jewel Trek App account. Please note that even if you opt-out of marketing communications, we may still need to contact you with important transactional information about your account. For example, even if you opt-out of emails, we may still send you activity confirmations or fraud alerts.

4.    SHARING & DISCLOSURE


4.1    Advertising and Social Media; Sharing With Your Consent.


Where you have provided consent, we share your information, including personal information, as described at the time of consent, such as when you authorize a third party application or website to access your Jewel Trek account or when you participate in promotional activities conducted by ESR, LLC partners or third parties.

Where permissible according to applicable law, we may use certain limited personal information about you, such as your email address, to hash it and to share it with social media platforms, such as Facebook or Google, to generate leads, drive traffic to our websites or otherwise promote our products and services or the Jewel Trek App. These processing activities are based on our legitimate interest in undertaking marketing activities to offer you products or services that may be of your interest.

The social media platforms with which we may share your personal information are not controlled or supervised by ESR, LLC. Therefore, any questions regarding how your social media platform service provider processes your personal information should be directed to such provider.

Please note that you may, at any time, ask ESR, LLC to cease processing your data for these direct marketing purposes by sending an e-mail to opt-out@jeweltrek.com.


4.2    Sharing between users.


To help facilitate bookings or other interactions between users, we may need to share certain information, including personal information, with other users, as it is necessary for the adequate performance of the contract between you and us, as follows:

  • When you, as a Traveler submit a booking request, certain information about you is shared with the Trek Specialist (and Co-Trek Specialist, if applicable), including your profile, full name, the full name of any additional Travelers, your cancellation history, and other information you agree to share. When your booking is confirmed, we will disclose additional information to assist with coordinating the trip, like your phone number.
  • When you, as a Trek Specialist (or Co-Trek Specialist, if applicable) have a confirmed booking, certain information is shared with the Traveler (and the additional Travelers they may invite, if applicable) to coordinate the booking, such as your profile, full name, phone number, and Accommodation or Experience address.
  • When you as a Trek Specialist invite another Member to become a you authorize the Co-Trek Specialist to access and update your information and Member Content, including but not limited to certain information like your full name, phone number, Accommodation address, calendar, Listing information, Listing photos, and email address.
  • When you as a Traveler invite additional Travelers to a booking, your full name, travel dates, Trek Specialist name, Listing details, the Accommodation address, and other related information will be shared with each additional Traveler.
  • When you as a Traveler initiate a Group Payment Booking Request certain information about each participant such as first name, last initial, profile picture as well as the booking details is shared among all participants of the Group Payment Booking Request.

We don’t share your billing and payout information with other users.


4.3    Profiles, Listings, and other Public Information.


The Jewel Trek App lets you publish information, including personal information, that is visible to the general public. For example:

  • Parts of your public profile page, such as your first name, your description, and city, are publicly visible to others.
  • Listing pages are publicly visible and include information such as the Accommodation or Experience’s approximate location (neighborhood and city) or precise location (where you have provided your consent), Listing description, calendar availability, your public profile photo, aggregated demand information (like page views over a period of time), and any additional information you choose to share.
  • After completing a booking, Travelers and Trek Specialists may write Reviews and rate each other. Reviews and Ratings are a part of your public profile page and may also be surfaced elsewhere on the Jewel Trek App (such as the Listing page).
  • If you submit content in a community or discussion forum, blog or social media post, or use a similar feature on the Jewel Trek App, that content is publicly visible.

Based on our legitimate interest to promote the Jewel Trek App we may display parts of the Jewel Trek App (e.g., your Listing page) on sites operated by Jewel Trek’s business partners, using technologies such as widgets or APIs. If your Listings are displayed on a partner’s site, information from your public profile page may also be displayed.

Information you share publicly on the Jewel Trek App may be indexed through third party search engines. In some cases, you may opt-out of this feature in your account settings. If you change your settings or your public-facing content, these search engines may not update their databases. We do not control the practices of third party search engines, and they may use caches containing your outdated information.


4.4   Additional Services by Trek Specialists.


Trek Specialists may need to use third party services available through the Jewel Trek App to assist with managing their Trek Specialist Services and Listings or providing additional services requested by you, such as porters or transportation. Trek Specialists may use features on the Jewel Trek App to share information about the Traveler (like check-in and check-out dates, Traveler name, Traveler phone number) with such third party service providers for the purposes of coordinating the Trek Specialist Services, managing the Trek, or providing other services. Trek Specialists are responsible for third party service providers they use and ensuring those service providers process Traveler information securely and in compliance with applicable law including data privacy and data protection laws.


4.5   Compliance with Law, Responding to Legal Requests, Preventing Harm and Protection of our Rights


ESR, LLC may disclose your information, including personal information, to courts, law enforcement, governmental authorities, tax authorities, or authorized third parties, if and to the extent we are required or permitted to do so by law or if such disclosure is reasonably necessary: (i) to comply with our legal obligations, (ii) to comply with a valid legal request or to respond to claims asserted against ESR, LLC, (iii) to respond to a valid legal request relating to a criminal investigation or alleged or suspected illegal activity or any other activity that may expose us, you, or any other of our users to legal liability, (iv) to enforce and administer our Terms of Service or other agreements with users, or (v) to protect the rights, property or personal safety of ESR, LLC, its employees, its users, or members of the public. For example, if permitted due to the forgoing circumstances, Trek Specialist tax information may be shared with tax authorities or other governmental agencies.


These disclosures may be necessary to comply with our legal obligations, for the protection of your or another person's vital interests or for the purposes of our or a third party’s legitimate interest in keeping the Jewel Trek App secure, preventing harm or crime, enforcing or defending legal rights, facilitating the collection of taxes and prevention of tax fraud, or preventing damage.


Where appropriate, we may notify users about legal requests unless: (i) providing notice is prohibited by the legal process itself, by court order we receive, or by applicable law, or (ii) we believe that providing notice would be futile, ineffective, create a risk of injury or bodily harm to an individual or group, or create or increase a risk of fraud upon ESR, LLC’s property, its users and the Jewel Trek App. In instances where we comply with legal requests without notice for these reasons, we may attempt to notify that user about the request after the fact where appropriate and where we determine in good faith that we are no longer prevented from doing so.


4.6    Service Providers.


ESR, LLC uses a variety of third-party service providers to help us provide services related to the Jewel Trek App. Service providers may be located inside or outside of the European Economic Area (“EEA”). In particular, our service providers are based in Europe, India, Asia Pacific and North and South America.

For example, service providers may help us: (i) verify your identity or authenticate your identification documents, (ii) check information against public databases, (iii) conduct background or police checks, fraud prevention, and risk assessment, (iv) perform product development, maintenance and debugging, (v) allow the provision of the Jewel Trek Services offered through ESR, LLC through third party platforms and software tools (e.g. through the integration with our APIs), (vi) provide customer service, advertising, or payments services, or (vii) process, handle or assess insurance claims or other similar claims. These providers have limited access to your personal information to perform these tasks on our behalf, and are contractually bound to protect the personal information and only use the personal information in accordance with our instructions.

ESR, LLC will need to share your information, including personal information, in order to ensure the adequate performance of our contract with you.


4.7    Corporate Affiliates.


To enable or support us in providing the Jewel Trek App and its associated features, we may share your information, including personal information, within our corporate family of companies (both financial and non-financial entities) that are related by common ownership or control.

  • Sharing with Jewel Trek, Inc. Even if your country of residence is not the United States, your information may be shared with ESR, LLC, which provides the technical infrastructure for the Jewel Trek App, product development and maintenance, customer support, trust and safety, and other business operation services. The data sharing is necessary for the performance of the contract between you and us and is based on our legitimate interests in providing the Jewel Trek App globally.

4.8    Collection and Remittance of Occupancy Taxes.


In jurisdictions where Jewel Trek facilitates the Collection and Remittance of Occupancy Taxes as described in the “Taxes” section of the Terms of Service, Trek Specialists and Travelers, where legally permissible according to applicable law, expressly grant us permission, without further notice, to disclose Trek Specialists’ and Travelers’ data and other information relating to them or to their transactions, bookings, Occupancy Taxes to the relevant tax authority, including, but not limited to, the Trek Specialist’s or Traveler’s name, Listing information and addresses (where applicable), transaction dates and amounts, tax identification number(s), the amount of taxes received (or due) by Trek Specialists from Travelers, and contact information.


4.9    Government Registration.


In jurisdictions where ESR, LLC facilitates or requires a registration, notification, permit, or license application of a Trek Specialist with a local governmental authority through the Jewel Trek App in accordance with local law, we may share information of participating Trek Specialists with the relevant authority, both during the application process and, if applicable, periodically thereafter, such as the Trek Specialist’s full name and contact details, business and/or personal address, tax identification number, Listing details, and other information relevant to the Trek Specialist Services and Trek, including number of days for the Trek and locations where the Trek Specialist(s) and Traveler(s) will travel and sleep.


4.10    Aggregated Data.


We may also share aggregated information (information about our users that we combine together so that it no longer identifies or references an individual user) and other anonymized information for regulatory compliance, industry, and market analysis, research, demographic profiling, marketing and advertising, and other business purposes.


5.   OTHER IMPORTANT INFORMATION


5.1   Analyzing your Communications.


We may review, scan, or analyze your communications on the Jewel Trek App for fraud prevention, risk assessment, regulatory compliance, investigation, product development, research, analytics, and customer support purposes. For example, as part of our fraud prevention efforts, we scan and analyze messages to mask contact information and references to other websites. In some cases, we may also scan, review, or analyze messages to debug, improve, and expand product offerings. We use automated methods where reasonably possible. However, occasionally we may need to manually review some communications, such as for fraud investigations and customer support, or to assess and improve the functionality of these automated tools. We will not review, scan, or analyze your messaging communications to send third party marketing messages to you, and we will not sell reviews or analyses of these communications.

These activities are carried out based on ESR's legitimate interest in ensuring compliance with applicable laws and our Terms, preventing fraud, promoting safety, and improving and ensuring the adequate performance of our services.


5.2   Linking Third Party accounts.


Where available, you may link your Jewel Trek account with your account at a third party social networking service. Your contacts on these third party services are referred to as “Friends.” When you create this link:

  • Some of the information you provide to us from the linking of your accounts may be published on your Jewel Trek account profile;
  • Your activities on the Jewel Trek App may be displayed to your Friends on the Jewel Trek App and/or that third party site;
  • A link to your public profile on that third party social networking service may be included in your Jewel Trek public profile;
  • Other Jewel Trek users may be able to see any common Friends that you may have with them, or that you are a Friend of their Friend if applicable;
  • Other Jewel Trek users may be able to see any schools, hometowns, or other groups you have in common with them as listed on your linked social networking service;
  • The information you provide to us from the linking of your accounts may be stored, processed and transmitted for fraud prevention and risk assessment purposes; and
  • The publication and display of information that you provide to Jewel Trek through this linkage is subject to your settings and authorizations on the Jewel Trek App and the third party site.

We only collect your information from linked third party accounts to the extent necessary to ensure the adequate performance of our contract with you, or to ensure that we comply with applicable laws, or with your consent.


5.3   Third Party Partners & Integrations


The Jewel Trek App may contain links to third party websites or services, such as third party integrations, co-branded services, or third party-branded services (“Third Party Partners”). Jewel Trek doesn’t own or control these Third Party Partners and when you interact with them, you may be providing information directly to the Third Party Partner, ESR, LLC, or both. These Third Party Partners will have their own rules about the collection, use, and disclosure of information. We encourage you to review the privacy policies of the other websites you visit.

Parts of the Jewel Trek App may use third party services such as Google Maps/Earth services, including the Google Maps API(s). Use of these respective services is subject to their privacy policies such as and the Google Privacy Policy.


6.   YOUR RIGHTS


Consistent with applicable law, you may exercise any of the rights described in this section before your applicable ESR Data Controller. Contact us for information on data subject rights requests and how to submit a request. Please note that we may ask you to verify your identity and request before taking further action on your request.


6.1   Managing Your Information.


You may access and update some of your information through your account settings. If you have chosen to connect your Jewel Trek account to a third-party application, like Facebook or Google, you can change your settings and remove permission for the app by changing your account settings. You are responsible for keeping your personal information up-to-date.


6.2   Rectification of Inaccurate or Incomplete Information.


You have the right to ask us to correct inaccurate or incomplete personal information about you (and which you cannot update yourself within your Jewel Trek App account).


6.3   Data Access and Portability.


In some jurisdictions, applicable law may entitle you to request certain copies of your personal information held by us. You may also be entitled to request copies of personal information that you have provided to us in a structured, commonly used, and machine-readable format and/or request us to transmit this information to another service provider (where technically feasible).


6.4   Data Retention and Erasure.


We generally retain your personal information for as long as is necessary for the performance of the contract between you and us and to comply with our legal obligations. In certain jurisdictions, you can request to have all your personal information deleted entirely. Please note that if you request the erasure of your personal information:

  • We may retain some of your personal information as necessary for our legitimate business interests, such as fraud detection and prevention and enhancing safety. For example, if we suspend a Jewel Trek account for fraud or safety reasons, we may retain certain information from that Jewel Trek account to prevent that user from opening a new Jewel Trek account in the future.
  • We may retain and use your personal information to the extent necessary to comply with our legal obligations. For example, ESR, LLC may keep some of your information for tax, legal reporting, and auditing obligations.
  • Information you have shared with others (e.g. reviews, forum postings) may continue to be publicly visible on the Jewel Trek App, even after your Jewel Trek account is canceled. However, attribution of such information to you will be removed. Additionally, some copies of your information (e.g., log records) may remain in our database, but are disassociated from personal identifiers.
  • Because we maintain the Jewel Trek App to protect from accidental or malicious loss and destruction, residual copies of your personal information may not be removed from our backup systems for a limited period of time.

6.5   Withdrawing Consent and Restriction of Processing.


If we are processing your personal information based on your consent you may withdraw your consent at any time by changing your account settings or by sending a communication to ESR, LLC specifying which consent you are withdrawing. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal. Additionally, in some jurisdictions, applicable law may give you the right to limit the ways in which we use your personal information, in particular where (i) you contest the accuracy of your personal information; (ii) the processing is unlawful and you oppose the erasure of your personal information; (iii) we no longer need your personal information for the purposes of the processing, but you require the information for the establishment, exercise or defense of legal claims; or (iv) you have objected to the processing pursuant to Section 6.6 and pending the verification whether the legitimate grounds of ESR, LLC override your own.


6.6   Objection to Processing.


In some jurisdictions, applicable law may entitle you to require ESR, LLC not to process your personal information for certain specific purposes (including profiling) where such processing is based on legitimate interest. If you object to such processing, ESR, LLC will no longer process your personal information for these purposes unless we can demonstrate compelling legitimate grounds for such processing or such processing is required for the establishment, exercise or defense of legal claims.

Where your personal information is processed for direct marketing purposes, you may, at any time ask ESR, LLC to cease processing your data for these direct marketing purposes by sending an e-mail to opt-out@jeweltrek.com.


6.7   Complaints.


You have the right to lodge complaints about our data processing activities by filing a complaint with us. We can be reached by the “Contact Us” section below or with a supervisory authority.


7   OPERATING GLOBALLY & INTERNATIONAL TRANSFERS


To facilitate our global operations, ESR, LLC may transfer, store, and process your information within our family of companies, partners, and service providers based in Asia. Laws in these countries may differ from the laws applicable to your country of residence. For example, information collected within the EEA may be transferred, stored, and processed outside of the EEA for the purposes described in this Privacy Policy. Where we transfer, store, and process your personal information outside of the EEA we have ensured that appropriate safeguards are in place to ensure an adequate level of data protection.


7.1   Other Means to Ensure an Adequate Level of Data Protection.


If your information is shared with corporate affiliates or third party service providers outside the EEA, we have (prior to sharing your information with such corporate affiliate or third party service provider) established the necessary means to ensure an adequate level of data protection. This may be an adequacy decision of the European Commission confirming an adequate level of data protection in the respective non-EEA country or an agreement on the basis of the EU Model Clauses (a set of clauses issued by the European Commission). We will provide further information on the means to ensure an adequate level of data protection on request.


7.2   California & Vermont Residents.


ESR, LLC will not share information it collects about you with its affiliates or third parties (both financial and non-financial), except as required or permitted by your state’s law.


7.3   California Privacy Rights


California law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those third parties. See the “Contact Us” section for where to send such requests. ESR, LLC does not share personal information with third parties for their own direct marketing purposes without your prior consent. Accordingly, you can prevent disclosure of your personal information to third parties for their direct marketing purposes by withholding consent.

Effective January 1, 2020, the California Consumer Privacy Act (CCPA) allows California residents, upon a verifiable consumer request, to request that a business that collects consumers’ personal information to give consumers access, in a portable and (if technically feasible) readily usable form, to the specific pieces and categories of personal information that the business has collected about the consumer, the categories of sources for that information, the business or commercial purposes for collecting the information, and the categories of third parties with which the information was shared. California residents also have the right to submit a request for deletion of information under certain circumstances. Consistent with California law, if you choose to exercise your rights, we won’t charge you different prices or provide different quality of services unless those differences are related to your information. See here for information on data subject rights requests and how to submit a request. Please note that you must verify your identity and request before further action is taken. As a part of this process, government identification may be required. Consistent with California law, you may designate an authorized agent to make a request on your behalf. In order to designate an authorized agent to make a request on your behalf, you must provide a valid power of attorney, the requester’s valid government issued identification, and the authorized agent’s valid government issued identification.

We do not sell personal information to third parties. We do allow third parties to collect personal information through our Service and share personal information with third parties for the business purposes described in this Privacy Policy, including without limitation advertising and marketing on our Service and elsewhere based on users’ online activities over time and across different sites, services, and devices.


8.  SECURITY


We are continuously implementing and updating administrative, technical, and physical security measures to help protect your information against unauthorized access, loss, destruction, or alteration. Some of the safeguards we use to protect your information are firewalls and data encryption, and information access controls. If you know or have reason to believe that your Jewel Trek account credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Jewel Trek account, please contact us following the instructions in the Contact Us section below.


9.  CHANGES TO THIS PRIVACY POLICY


ESR and Jewel Trek reserves the right to modify this Privacy Policy at any time in accordance with this provision. If we make changes to this Privacy Policy, we will post the revised Privacy Policy on the ESR website and Jewel Trek App and update the “Last Updated” date at the top of this Privacy Policy. We will also provide you with notice of the modification by email at least thirty (30) days before the date they become effective. If you disagree with the revised Privacy Policy, you may cancel your account. If you do not cancel your account before the date the revised Privacy Policy becomes effective, your continued access to or use of the Jewel Trek App will be subject to the revised Privacy Policy.


10.   CONTACT US


If you have any questions or complaints about this Privacy Policy or ESR or Jewel Trek’s information handling practices, you may email us at the email addresses provided in the relevant sections above or contact us via mail at:

ESR, LLC
11279 Penanova Street
San Diego, CA. 92129




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