TDI’s Collection of Information and Privacy of Your Information
Some of the ways TDI accumulates and uses your personal information include, but are not limited to the following: TDI uses the information it collects about you to process orders and to provide better service. When you make a reservation using TDI’s services, TDI may need to know your name, email address, mailing address, phone number, credit card number, and expiration date. This allows TDI to process and fulfill your order and to notify you of your order status. When you subscribe to TDI’s e-newsletter, TDI may ask for your name, address, phone number and email address so that it can properly route the information. When you enter a contest or other promotional feature, TDI may ask for your name, address, phone number and email address so it can administer the contest and notify winners. TDI personalizes your experience online by using your contact with TDI’s websites to shape TDI’s recommendations about TDI content that might be of interest to you. TDI also monitors customer traffic patterns and website usage to help it develop the design and layout of the site. TDI may also use the information it collects to occasionally notify you about important changes to its services, new services and special offers. In addition, TDI may choose to sell, trade, or rent your personal information to third parties. Such third parties may use your information for a variety of reasons including, but not limited to soliciting you for offers of products and/or services. OPTING OUT- We use an email delivery and marketing company to send the emails that you have agreed to receive. If you would rather not receive information from TDI such as (i) updates highlighting specials, promotions, contests, sweepstakes and other travel opportunities available on our site and/or sponsored by our travel service providers and advertisers; and/or (ii) our newsletter highlighting specials, promotions, contests, sweepstakes and other travel opportunities available on our site and/or sponsored by our travel service providers or do not want TDI to disclose your information to unrelated third parties, please send TDI an email notification at optout@TheTravelDealer.com or in writing to TDI at 6141 S. Rainbow Blvd, Suite 100, Las Vegas, NV 89118. Please specify in your email or in writing to: to opt out of third party offers, opt out of TDI offers, or opt out of both TDI and third party offers. You agree to allow TDI up to thirty (30) days for the change to take effect in TDI’s system. The change will not have been deemed to take effect until you receive a written confirmation of the change from TDI.
You understand that TDI and/or its partners may monitor, tape and or record any conversation that may occur between us. However, TDI is not obligated to do so and it may choose not to do so.
Personally Identifiable Information Provided by You
Some of TheTravelDealer.com is accessible to you without providing personally identifiable information. However, TDI may request you to register and provide personally identifiable information to enable you to become a member and utilize certain features of TheTravelDealer.com, such as making reservations, subscribing to our weekly and 3rd party affilated e-newsletter(s), and entering contests and other promotional features. TheTravelDealer.com will specifically ask you for the personally identifiable information, and your provision of such information will always be on a voluntary basis.
Please note, the TheTravelDealer.com site will require that personally identifiable information be provided by you in order for any travel services to be rendered.
TDI’s Use of Your Personally Identifiable Information
When you activate a certificate and/or make a reservation using our services, we may need to know your name, e-mail address, mailing address, phone number, credit card number, and expiration date. This allows us to process and fulfill your order and to notify you of your order status. When you activate your certificate you are expressly opting in to receive our weekly e-newsletter, and/or one of our 3rd party affiliates e-newsletter. we may ask for your name, address, phone number and email address so that we can properly route the information. Also, when you enter a contest or other promotional feature, we may ask for your name, address, phone number and e-mail address so we can administer the contest or other promotional feature and notify winners.
In addition, we personalize your experience online by using your contact with our site to shape our content. We also monitor customer traffic patterns and site usage to help us develop the design and layout of the site. We may provide aggregate statistics about our customers, sales, traffic patterns, and related information to reputable third party vendors.
We may use the information we collect, online and offline, to notify you about important changes to our services, new services, and special offers we think you will find valuable. Currently, TDI shares your personally identifiable information with third parties. At times we may choose to sell, loan, trade, or rent your personally identifiable information to others.
In addition, TDI reserves the right to share or disclose your personally identifiable information when it determines, in its sole discretion, that the disclosure of such personally identifiable information is necessary to identify, contact, or bring legal action against you if you may be:
- causing intentional or unintentional injury to another;
- interfering with another’s rights or property, including TDI’s rights or property;
- violating any applicable law, rule or regulation; or
- such disclosure is required by any applicable law, rule or regulation.
Email Addresses, Usernames and Passwords May be Issued to You
You may be issued and/or asked to create a unique username or personal identification number (“PIN”) by TDI to utilize certain features of TheTravelDealer.com. In order to receive a username or PIN from TDI for use on TheTravelDealer.com, you will be required to submit personally identifiable information. You are responsible for keeping your usernames, passwords and PINs, if any, confidential. You are responsible for any access, use or activities on TheTravelDealer.com under your username or PIN.
Security of Your Submissions and Transmissions
TDI utilizes its best efforts to protect the security of any information submitted or transmitted by you to TheTravelDealer.com, including, but not limited to, personally identifiable information. TDI has security measures in place to protect the loss, misuse and alteration of the information under our control. When you submit your order through CE, we offer the use of a secure server. The secure socket layer technology (SSL) encrypts all information you input before it is sent to us.
Please note that, regardless of the precautions we take, “faultless security” does not exist on the Internet. As a result, while we strive to protect your personal information, TDI cannot guarantee the security of any information you submit or transmit to TheTravelDealer.com and you do so at your own risk. In the unlikely event that an unauthorized third party compromises TDI’s security system, TDI is not responsible for any occurrences or damages directly or indirectly caused by an unauthorized third party’s ability to view, use or disseminate your submissions or transmissions to TheTravelDealer.com, or your personally identifiable information.
TDI utilizes “cookies” to track and store preferential information about you as you use TheTravelDealer.com. “Cookies” are alphanumeric identifiers in the form of text files that are inserted and stored on your hard drive by your web browser. Cookies track your personal preferences and activities, but in no way contain any personally identifiable information. This, however, is subject to change.
If you do not want TheTravelDealer.com cookies to be inserted into your hard drive, you can disable your hard drive’s ability to accept and receive cookies through your web browser. Even without a cookie, you can still use many of the TheTravelDealer.com features. However, keep in mind that if you disable your hard drive’s ability to accept and receive cookies, you may not be able to fully utilize all of the convenient features of TheTravelDealer.com. For instance, you may have to log in more than once per session.
Links to Other Internet Websites on TheTravelDealer.com
Access and Use by Minors
TheTravelDealer.com is not intended to be accessed or utilized by persons under the age of 13. TDI does not intend or purposefully attempt to gather information from children under the age of 13. In addition, TDI does not intend to or purposefully market to persons under the age of 13. Persons under the age of 18 are not eligible to enroll in our clubs or purchase any other products or services from TDI, and persons under the age of 18 should not submit any personal information to us.
Arbitration and Governing Law
In the event of a dispute between You and TDI, You and TDI agree that a prompt and fair resolution, without the time and expense of formal court proceedings, would be in both parties’ mutual interests. Except as expressly provided in the following section titled “Injunctive Relief,” all disputes shall be submitted to final and binding arbitration to be conducted in Los Angeles, California, or a location closest to Los Angeles, California if no such location for the chosen arbitration body exists there.
MANDATORY ARBITRATION REPLACES THE RIGHT OF EITHER PARTY TO GO TO COURT AND DEMAND A JURY TRIAL.
The party filing the arbitration must choose one of the following three arbitration firms and follow its rules and procedures for initiating and pursuing arbitration:
American Arbitration Association, 335 Madison Avenue, Floor 10, New York, NY 10017-4605 (phone: 800-778-7879) (http://adr.org)
National Arbitration Forum, P.O. Box 50191, Minneapolis, MN 55405-0191 (phone: 800-474-2371) (http://arb-forum.com)
JAMS, 1920 Main Street, Suite 300, Irvine, CA 92614 (phone: 949-224-1810) (http://jamsadr.com)
In the event that the selected firm cannot administer the arbitration, the party filing the arbitration will select another of the firms. Each party will bear its own expenses, and the parties will share equally the filing and other fees of the arbitration firm and the expenses of the arbitrator, except that the arbitrator will be entitled to award a different allocation of costs and fees where the arbitrator determines that a filed claim is frivolous.
The arbitrator will not have the power to award punitive damages or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. Any award in arbitration initiated under this clause will be limited to monetary damages and will include no injunction or direction to any party other than the direction to pay a monetary amount, except as required by statute or to comply with the terms of the contract. Any award rendered by the arbitrator will be final and binding upon each of the parties, and judgment thereon may be entered in any court having jurisdiction thereof. The Federal Arbitration Act will govern the interpretation and enforcement of this section.
During the pending of such arbitration and until final judgment thereon has been entered, this Agreement will remain in full force and effect unless otherwise terminated as provided hereunder. If a provision of this clause is held to be invalid, the remainder of the clause will remain in full force and effect, and, to this end, the provisions of this clause are severable.
This Agreement and all transactions between you and TDI shall be governed by, and construed and enforced in accordance with, the internal laws of the State of California, without regard to principles of conflicts of laws.
For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such violation, attempted violation, or threatened violation shall be brought in the courts of record of Los Angeles, California a, or the United States District Court, Central District of California. You consent to the jurisdiction of such court and waive any objection to the laying of the venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
Your California Privacy Rights
California Civil Code Section 1798.83, also known as the “Shine the Light” law, permits our customers who are California residents to request and obtain from us once a year, free of charge information regarding the manner in which The Travel Dealer, Inc. shares certain categories of your personal information with third parties for direct marketing purposes. California law provides that you have the right to submit a request to The Travel Dealer, Inc and receive the following information:
- The categories of information The Travel Dealer, Inc. disclosed to third parties for the third parties’ direct marketing purposes during the preceding calendar year;
- The names and addresses of third parties that received such information; and
- If the nature of a third party’s business cannot be reasonably determined from the third party’s name, examples of the products or services marketed.
THE TRAVEL DEALER, INC. (TDI) DO NOT CALL POLICY
The Telephone Consumer Protection Act (“TCPA”) was passed in 1991. The Federal Communications Commission’s rules and regulations implementing the act went into effect on December 20, 1992. The Federal Trade Commission concurrently implements the Act through the Telemarketing Sales Rule, issued January 29, 2003. Various states have also enacted statutes that govern telemarketing activities. It is THE TRAVEL DEALER’ policy to comply with these rules, and in particular, to respect and honor the requests of consumers to be placed on THE TRAVEL DEALER’ internal Do Not Call list, so that such consumers will not receive sales calls from THE TRAVEL DEALER unless and until they provide consent to receive sales calls. THE TRAVEL DEALER retains third-party vendors to tele market its goods and services to customers as well as non-customers who do not have an existing business relationship with THE TRAVEL DEALER. THE TRAVEL DEALER will not call any THE TRAVEL DEALER customer who has communicated his or her desire to not receive sales calls. Requests to not receive sales calls are reflected in the customer’s account records. Additionally, the phone number will be added to THE TRAVEL DEALER’ internal Do Not Call list. In compiling a list of customers to call for a particular telemarketing campaign, THE TRAVEL DEALER will not include any customer whose account record is marked “do not call.” We will also remove from our calling lists the telephone numbers of those individuals who submit requests directly to us.
Consumers may submit DNC requests by:
- calling the following number: 800-315-2065
- writing to the following address:
- The Travel Dealer, Attn: DNC LIST, 6141 S. Rainbow Blvd, Suite 100, Las Vegas, NV 89118
- sending an e-mail to the following address: optout@TheTravelDealer.com
- submitting a request online at the following URL: TheTravelDealer.com/contact-us
Please note that such requests are recorded in our databases within five business days of receipt. Federal regulations require companies to honor DNC requests within 30 days. Please allow up to 30 days for The Travel Dealer to fully implement such requests.
We retain company-specific DNC requests for a minimum of 5 years. If you move or change your telephone number your request may be deleted. If you wish to re-establish your Do-Not-Call request, please contact us at 800-315-2065.
We have trained our employees that are engaged in telephone marketing on these policies and procedures and we require our employees to follow them at all times. We have a policy of disciplining and we will discipline any employee who fails to abide by these policies and procedures. If you have questions about our Do-Not-Call Policy, please contact us during normal business hours of Monday thru Friday from 9am till 5pm PST.
Questions about our company’s DNC policies should be directed to:
The Travel Dealer
Attn: DNC Questions
6141 S. Rainbow Blvd, Suite 100
Las Vegas, NV 89118
(please notate in the header “DNC Questions”)
Third-party vendors who engage in telemarketing to non-customers (persons who do not have an existing business relationship with THE TRAVEL DEALER) are required to subscribe to and scrub against all applicable state and federal “Do Not Call” registries, as well as THE TRAVEL DEALER’ internal Do Not Call list. THE TRAVEL DEALER requires that all third-party vendors telemarketing at its request and under its direction ensure they are in compliance with federal and state laws regarding telemarketing and that they fully understand and agree to follow the procedures for maintaining “do not call” data.
THE TRAVEL DEALER requires its vendors to report to THE TRAVEL DEALER all consumer requests to be removed from telemarketing lists so that each request can be added to THE TRAVEL DEALER’ internal Do Not Call list. THE TRAVEL DEALER does not condone telemarketing activities conducted in violation of the TCPA, federal rules and regulations, and state laws regarding telemarketing.
THE TRAVEL DEALER requires all third-party service agencies that make telephone solicitations at THE TRAVEL DEALER’ request and under its direction to:
Institute procedures for maintaining a list of people who do not wish to receive telephone solicitations (a “do-not-call list”);
Institute and maintain a procedure to capture all do-not-call requests and transmit them in the daily results file to THE TRAVEL DEALER;
Develop a written policy implementing this requirement to keep a do-not-call list and make this written procedure available to anyone on demand;
Maintain the do-not-call list for a period of 10 years and refrain from selling or sharing the do-not-call list (except with a subsidiary or affiliated company) without the customer’s consent;
Train and inform personnel engaged in any aspect of telephone solicitation in the existence and use of the do-not-call list;
Provide the called party with the name of the individual caller, the person or entity on whose behalf the call is made and a telephone number (which may not be a 900 number or any other number for which charges exceed local or long distance transmission charges) or address at which that person or entity may be contacted; Make a record of the name and telephone number of the THE TRAVEL DEALER customer or consumer who requests not to be called again and forward such record to (a) THE TRAVEL DEALER, via the daily results file, (b) the party maintaining the vendor’s do-not-call list and (c) affiliated entities (where appropriate); and Place the consumer or THE TRAVEL DEALER customer’s name and number on the do-not-call list of any affiliate of the telemarketer where the customer would reasonably expect to be included on such list given the identity of the telemarketer and the product or service being advertised.
THE TRAVEL DEALER maintains a record of the name and telephone number(s) for consumers who do not wish to be called. Upon request, consumers’ telephone number(s) will be added to THE TRAVEL DEALER’ internal Do Not Call List within five (5) business days of receipt of such request. This record will be retained within our system for at up to five (5) years.
You may request to be placed on the internal do not call list by calling 800-315-206 and speaking with our associate who answers the phone (Please let our associate know you are requesting to be placed on our internal DNC list) or by emailing your full name, address and phone number to optout@TheTravelDealer.com (please notate in the header “DNC Request”).
Consumers have additional avenues available to them that will help reduce or eliminate unwanted telephone solicitations. Consumers may place their telephone number(s) on the National Do Not Call Registry by calling 1(888) 382-1222 or online at donotcall.gov. In addition, the Direct Marketing Association also offers a free service titled “Telephone Preference Service.” Consumers may register for this service online at dmachoice.org.