Effective as of May 1, 2020
If you have any questions regarding this Policy, please contact us at Hello@elmntl.co.
Section 1. Summary.
We are providing this Policy to you in order to explain how we collect, use, share, and disclose information collected via our Services. In summary, the principal features of our privacy practices are outlined in this Section, but in order to have a complete understanding of our privacy practices, you should review and understand the entirety of our Policy:
- We collect both Personal Information and Non-Personal Information (each as defined below) from you based on both the information that you give to us and information that we collect from your use of our Service.
- We may share your Personal Information with third parties in certain circumstances, including as necessary to provide you with our Services or certain aspects thereof, or in our discretion to third parties for our or their own purposes. You can learn more about our information sharing practices below, by reviewing the “Disclosure and Sharing of Information” section below.
- In compliance with applicable laws, you can contact us at Hello@elmntl.co in order to review and, where applicable, update your Personal Information.
- We use commercially reasonable efforts to secure your information, but cannot guarantee that your information will remain secure.
- Our Services are not directed to people under 18, as further set forth in the section titled “Regarding Children” below.
Section 2. Acceptance.
We strongly recommend that you read this Policy in its entirety and return to it periodically to review any changes made. By accessing our Services, you accept all the terms and conditions of this Policy. If you do not agree to the terms of this Policy, you should stop using and accessing our Services immediately.
Section 3. Information Collected.
We collect both information you provide to us, and information we collect as a result of your use of our Service, as more completely described below. The information we collect is comprised of both “Personal Information” and “Non-Personal Information.”
For purposes of this Policy, “Personal Information” means information that you provide to us that personally identifies you, such as your first and last name, email address, physical address, telephone number, billing information, or social security number. Personal Information may have alternative definitions in certain jurisdictions. Where applicable, we abide by the definition of Personal Information or similar term in the applicable jurisdiction.
“Non-Personal Information” means information that does not specifically identify you.
Information you give to us.
When you use our Services we may require you to submit information about yourself, for example through our Contact Us form, via email, via other online forms we may provide from to time, or in connection with setting up an account for our Services, as well as information you provide in connection with your use our Services. We will collect and retain all of this information, whether Personal Information or Non-Personal Information.
Our most common ways to collect both Personal Information and Non-Personal Information about you are as follows:
- Registration for an account to utilize our Services;
- Requesting assistance from customer service or others at the Company;
- Signing up to receive email newsletters from us;
- Participating in survey, special events, and promotions;
- Engaging in transactions through or utilizing our Services; and
- Other areas of our Services where you knowingly volunteer information.
Any information you provide or that is collected about you will be collected, retained, processed, and used by us in accordance with this Policy. To the extent that any of this information is collected by us via telephone, you acknowledge and agree that we may be recording your telephone call for our training or quality control purposes during such call, as well as for use in accordance with this Policy.
Information we gather from your use of our Services.
We collect information about your use of our Services, including without limitation:
- Device information, which may include information such as your hardware model, mobile device type, unique identifiers from your computer or mobile device, operating system, operating system version, application download information, and/or IP address.
- Location information such as your geolocation when you use our Services from a mobile device and/or mobile application. We also may ask you to manually provide precise location information or to enable your mobile device to send us precise location information.
- Computer or browser information such as your system activity, the domain name of the web site from which you linked to our Services, the time and duration of your use of our Services and any queries, browser type, and browser language.
If you would like more information about cookies, how we use them and your ability to manage them as part of your use of our Services, please see the section titled “Cookies and Web Beacons” below. In connection with the provision of our Services, we may also use unique identifiers, web beacons, web server log information, Flash cookies, and other technologies to collect information about you. In some circumstances, we may also collect information from you for third parties to assist us in providing our Services to you, such as information you provide to a participating hotel.
Section 4. Use of Information We Collect.
We use the information we have collected about you to provide our services, measure and maintain our Services and to improve our Services.
More specifically, we use the information we collect from and about you in order to:
- Fulfill orders and provide you with the Services your request from us;
- To provide information about you to our participating venues, such as hotels;
- Communicate with you about your account or transactions with us, our participating venues, and to provide you with information about features and functions of our Services, as well as offers from our participating venues;
- Personalize content and experiences available to you through our Services;
- Communicate with you about changes to our policies and our Services;
Send you newsletters, offers, and promotions for our Services, third party products and services, including those from our participating venues, or special events by email or via other media;
- Develop and provide advertising tailored to your interests, including advertising based on your activity on our Services;
- Administer contests, sweepstakes, promotions, and surveys;
- Optimize or improve our Services and business operations;
- Detect, investigate, and prevent activities that may violate our policies or applicable law;
- Share it with venues and other third-party providers to the extent needed to provide you with our Services and respond to your requests, as well as any third-party offerings made available through our Services;
- Comply with applicable laws and other legal process; and
- Perform statistical, demographic, and marketing analyses of user of our Services and their purchasing patterns.
By using our Services, you understand and agree to our use of your information for all of the above purposes. If you have provided us with your email, you also understand and agree that we may use your e-mail address to assist you with any questions and/or issues you may have, send important notices to you, and/or to send you an e-mail that gives you the opportunity to elect to receive periodic e-mail alerts from BNSL regarding developments at the Company and the nature of our Services. Given the importance of this information to the operation of our Services, you may not opt out of receiving these communications
We may also aggregate your information with information gathers from other end-users, to, among other things, determine the total number of end-users who are using our Services, prepare utilization reports for our internal business purposes, diagnose and fix compatibility problems or other problems with our Services, and perform statistical analyses to enable us to build higher quality, more useful online Services.
To the extent we receive information about you from our business partners, including venues, we may combine your Personal Information with your Personal Information. We may also combine your Personal Information with Non-Personal Information, in which case any combined information will be treated as Personal Information for as long as it remains combined.
We will generally retain information collected about you only for as long as is necessary for us to fulfill our business purposes, as set forth above, unless a longer retention period is required to comply with law or a legal request. However, if we would like to retain your information for longer periods of time we may, in certain circumstances, choose to anonymize certain information you provide to us so that it can no longer be attributed to you.
Section 5. Disclosure and Sharing of Information.
We may find it necessary or beneficial to share your information, including your Personal Information, with our service providers, including our participating vendors, credit card processing services, our advertising service providers, and other third parties that assist us in connection with the provision of the Services, such as hosting partners (collectively, “Providers”) or allow such Providers to gather information directly from you.
Your Personal Information may be shared with third parties in some circumstances including the following situations:
- Consent: When we have your consent to do so, we may share Personal Information with third parties, including our participating vendors and by using our Services, you are consenting to such sharing, subject at all times to your right to opt-out subsequently.
- Providers: We provide your Personal Information to Providers, including our participating venues, who work with us to provide our Services or provide services outside of and/or unrelated to the Services. Our Services with which our Providers may assist us include among other things, communicating with you about offers available from such Providers, new or existing BNSL Services or third-party services, creating or maintaining our databases, researching or analyzing our users, advertising (including online advertising) or processing payment card information.
- Affiliates: We may also share your Personal Information with our Affiliates. “Affiliates” means any entity controlled by, controlling, or under common control with BNSL. Our Affiliates will use and distribute your information in accordance with the terms of this Policy.
- Legal Issues: In order to prevent, or take action regarding any illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of the terms of our Services, or as otherwise required by law, we may also use or share your Personal Information. We may also use your Personal Information to the extent necessary to respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims.
- Acquisition or Merger: If in the future we sell or transfer our assets or portions of our business, or if we experience a change in control, reorganization or liquidation, we may transfer information to our successor or buyer, subject to the terms of this Policy.
Transfers of your information shall at all times be in accordance with applicable law. BNSL disclaims any liability or obligation as a result of any third-party actions or omissions concerning your information, including those occurring as a result of our sharing and disclosure pursuant to this Section 5. We reserve the right to share your Non-Personal Information publicly and with others. We urge you to contact third parties directly with any issues you may have concerning their use of your information. Please see the section titled “Third Party Practices” below for more information on third-party use of your information.
Section 6. Cookies and Web Beacons
Cookies and other tracking technologies (such as browser cookies, pixels, beacons, and Adobe Flash technology that include cookies) are comprised of small bits of data that often include de-identified and anonymous user information and/or identifiers. A cookie that uniquely identifies your IP address, your browser and the portion of our Services that you have requested (such as webpage) may be sent from your computer or mobile device directly to us in connection with your use of our Services.
In providing our Services, including certain portions of our Services that may be provided with our Providers, our Providers may also utilize flash or enhanced cookies or web beacons to better provide you with those Services, as well as advertisements about goods and services, including our Services, that may be of interest to you. As a result, we may also deliver a file to your computer through the Services (known as a “web beacon”) from an advertising network Provider. Web beacons allows advertising networks to provide anonymized, aggregated auditing, research and reporting for us and for other advertisers. Web beacons also enable ad networks to serve targeted advertisements to you when you visit other websites. These beacons may, for example, log that you have viewed a certain product or service on our site and then show you an ad for that product or service or a similar product or service when you browse to another website. Since your web browser sends a request to receive content from webpages you visit, these companies can view, edit, or set their own cookies, just as if you had requested a web page from their site.
Finally, we may also use the services of web analytics companies to help us measure the effectiveness of our Services. In order to do this, we allow the web analytics companies to include Web beacons and cookies on the web pages of our Services. The type of information collected via such Web beacons and cookies includes click-throughs by users and other similar information. By supplementing our records, this information helps us learn things like user preferences, click-through rates, and how to improve our Services. Although our web analytics company may log this information on our behalf, we control how that data may be used.
If you wish to "opt-out" of receiving cookies from certain of our third party advertising Providers, please click here.
Section 7. Confidentiality and Security.
We take our responsibility to protect your Personal Information seriously. We restrict access to Personal Information to BNSL employees, contractors, Affiliates, Providers, and agents. BNSL maintains physical, electronic and procedural safeguards designed to comply with applicable law to guard your information. Unfortunately, no website or Internet transmission is completely secure, notwithstanding the precautions we take to guard against breaches of our Services and customer databases. As such, we can make no guarantee that unauthorized access, hacking, data loss, or other breaches will never occur and you assume the risk of using our Services. Please take appropriate action to protect your Personal Information when you are on the Internet by changing your passwords often using a combination of letters and numbers, and make sure you use a secure Internet browser.
Section 8. Third-Party Practices.
We are not responsible for the actions or omissions of our Providers in connection with the protection of your information. Our Providers are obligated by applicable law to protect the privacy of certain types of data, but no guarantee can be made that they will do so in all circumstances. If you believe that any of our Providers, or any third party who claims association with BNSL, is improperly collecting or using information about you, we urge you to contact them directly and also to inform us by e-mailing us at Hello@elmntl.co.
Section 9. Regarding Children.
We comply with the Children's Online Privacy Protection Act (COPPA). For more information about COPPA and children's privacy, please click here. When we use the term "parent" below, we mean to include legal guardians.
Children under the age of 18
Our Services are not directed to persons under the age of 18. We do not intentionally gather Personal Information about visitors or end-users who are under the age of 18. You are prohibited from accessing the Services and may not give us any Personal Information or participate in any aspect of our Services if you are under the age of 18. We will not knowingly collect, maintain, or disclose any Personal Information from children under the age of 18, unless required by applicable law. If you believe that we have collected Personal Information about a visitor or end-user who is under the age of 18, please contact us at Hello@elmntl.co and such account and/or Personal Information will be deleted.
Section 10. International Usage and Data Transfers
If you choose to access our Services, you do so on your own initiative and at your own risk and remain responsible for complying with all local laws, rules and regulations in connection with your use of our Services. We make no representation and/or warranty that our Services are appropriate and/or lawful in all jurisdictions from which such Services are available. We may limit access to our Services, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
You are hereby notified that, if you live outside the United States, we will transfer your Personal Information to countries other than the one in which you live, including the United States where many of our central databases operate. By using our Services, you consent to such cross-border data transfers of your Personal Information, as outlined herein. By using the Services, you consent to your Personal Information being collected, processed and transferred as set forth in this Policy and U.S. law and you acknowledge that the data protection and other laws of other countries, such as the United States, may provide a less comprehensive or protective standard of protection than those in your country.
Section 11. Your Right to Access, Modify and Delete Your Information
Depending on where you live, you may have certain statutory rights in relation to your Personal Information. For example, if you live in California and/or the European Economic Area, you may have the right to request access to your Personal Information that we retain, as well as to seek to update, delete or correct this Personal Information (subject to any exemptions available under applicable law). You can exercise your rights by contacting us at Hello@elmntl.co. We may be able to provide you access to your Personal Information in some cases, but there is no guarantee we will be able to provide access in all circumstances. If we are unable to verify your identity or are required to retain such information in accordance with applicable laws, we may not be able to modify or remove your Personal Information, but we will remove your Personal Information in accordance with applicable law.
To the extent that our processing of your Personal Information is subject to the General Data Protection Regulation (“GDPR”), the Company relies on your consent. If we have collected and process your Personal Information with your consent, then you can withdraw your consent at any time by contacting us at Hello@elmntl.co.
Section 12. California Data Privacy Rights
Under California’s "Shine The Light" law (California Civil Code Section 1798.83), users who are California residents may request from us free of charge and no more than once a calendar year a list of the Personal Information (if any) that we have disclosed to third parties for direct marketing purposes during the preceding calendar year, this includes the names and addresses of such third parties. Please contact us at Hello@elmntl.co to make such a request. If your request is not labeled or sent properly or does not have complete information, we cannot be responsible for fulfilling your request. In the body of such request, you must put the statement "Your California Privacy Rights", as well as your name, street address, city, state and zip code and you must provide enough information for us to determine if this applies to you. Additionally, you must attest to the fact that you are a California resident and provide a current California address.
If you are a resident of California, you have certain additional rights under the California Consumer Privacy Act of 2018 (CCPA), including the right:
- to access all data we collect about you;
- to opt-out of our sale of any of the information we collect about you to third parties;
- to have us delete any “personal data” (as defined under the CCPA) that we have collected about you;
- to know the categories of third parties to which we have sold data about you; and
- to know the reason we have collected data about you (as is described in our Terms).
The request for information can be sent to us by emailing us at Hello@elmntl.co
When you assert your right to request information, you must confirm that you are a resident of the State of California. We reserve the right to request that you provide further evidence as a resident of California before acting on your request. Any valid requests you submit will be responded to by us within 45ays and will include the categories of third parties to which we have sold data about you. For more information on why we have collected data about you, please see the rest of this Policy and our Terms.
You can opt-out of BNSL selling any of the information it collects about you to third parties and to delete all such information, by emailing us Hello@elmntl.co and requesting an “Opt Out.”.
Section 13. Additional Terms.
This Policy may be revised by us from time to time in our sole discretion. Any such changes will be posted to: www.buynowstaylater/privacy-policy, and if the changes are significant, we will also provide a more prominent notice. Your continued use of our Services after such change has been made will signify your acceptance of such change.
If you have any questions about this Policy, or if you would like us to update information, we have about you or your preferences, please contact us by:
Emailing us at Hello@elmntl.co
If you feel that we are not following our Policy, please contact us using the above contact information.
Last Updated: May 2020