Singenuity Privacy Policy

Last Updated: February 13, 2020

Singenuity LLC (“Singenuity”, “we”, “us”, or “our”) are providing this Privacy Policy (this “Policy”) to inform you of our collection, use, disclosure, and storage of data about you that we collect via the Singenuity online software platform and any related software and websites (collectively, the “Platform”).

Please review this Policy carefully. By visiting and using the Platform, you agree to the data processing activities described in this Policy. Singenuity may update this Policy from time to time in its discretion, but will always keep the latest version of this Policy posted on the Platform. By using the Platform after a new version of this Policy has been posted, you agree to the terms and conditions of such version of this Policy.

DATA WE COLLECT

We may collect personal data such as your name, age, birthday, contact information, travel information, and other information that can identify you personally. We collect personal data directly from you when you fill out any forms or place any orders through the Platform. Your submission of personal data is voluntary, but we may be unable to provide you requested information, or fulfill the applicable transaction, if you do not provide the necessary data. In some cases, we may also collect certain personal data about you from third parties such as tour and activity providers, travel agencies, and others who may be booking reservations on your behalf.

We also collect non-personal data when you visit or use our websites and products or services. This non-personal data may include information about your device and usage such as your operating system, browser, geographical location, IP address, and page views and clicks.

If you are a tour or activity provider, a travel agent, or otherwise providing personal data that relates to third parties, you represent and warrant that you have the right (including by obtaining any necessary consents) to provide such personal data to us.

USE OF DATA

We use personal data:

  • for the purposes for which you provided it to us (e.g., to set up your use account, process your bookings, fulfill your orders for photographs, etc.);
  • to respond to your inquiries and communications to us;
  • to improve, maintain, and operate the Platform;
  • to fulfill our obligations under our customer contracts with our tour and activity providers; and
  • to comply with statutory and regulatory requirements, including responding to lawful requests for information by governmental authorities.

You can opt out of receiving Singenuity promotional or marketing emails at any time by clicking the unsubscribe link at the bottom of any such emails. Please note that even if you opt out of receiving our promotional or marketing emails: (a) you may still receive promotional emails from tour or activity providers, who maintain their own mailing lists; and (b) we may still email you for non-promotional purposes (such as regarding user account administration or specific transactions you have entered into via the Platform).

COOKIES

Singenuity uses “cookies” to obtain certain types of data when your web browser accesses our website. Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser to enable our system to recognize your browser, to provide various types of functionality, to better understand how you interact with our website, to monitor aggregate usage, and to optimize web traffic routing on our website. Most browsers have settings which allow you to prevent your browser from accepting new cookies, have the browser notify you when you receive a new cookie, or disable cookies altogether. Certain areas or features of the website may not be available or fully-functional if you choose to disable cookies. The Platform does not follow browser “do not track” signals.

DISCLOSURE OF YOUR DATA

[We do not sell your personal data to any third parties.] We may share your personal data as needed to fulfill the purposes described in the “USE OF DATA” section above, including:

  • with the tour and activity providers who use our Platform, to enable them to administer your bookings, etc.;
  • with our service providers, such as credit agencies and technical or customer support providers, who use the data on our behalf and are prohibited from using it for their own purposes;
  • to an affiliate or successor in the event of a merger, consolidation, sale, or transfer of all or substantially all of our assets or the business to which the data relates; and
  • as necessary to comply with orders from law enforcement and other governmental authorities.

DATA RETENTION AND SECURITY

We may retain your data so long as we can reasonably foresee the data may be required in connection with our (or our customers’) relationship with you. In some cases, we will retain the data for a longer period as necessary to comply with our legal obligations, follow records retention policies, resolve disputes, and enforce our agreements. We employ reasonable administrative, physical, and technological measures designed to protect your data from unauthorized access or alteration and loss or misuse.

CALIFORNIA PRIVACY RIGHTS

California consumers have the right to request any of the following information from Singenuity regarding personal information collected about you during the preceding 12 months:

  • The categories of personal information collected about you.
  • The categories of sources from which the personal information is collected.
  • The business or commercial purpose for collecting or selling personal information.
  • For personal information disclosed to a third party for a business purpose, the categories of personal information and categories of third parties.
  • The specific pieces of personal information collected about you.

California consumers also have the right to request that we delete any personal information about the consumer which we have collected regarding the consumer.

Subject to verification of your identify and your California residence, and subject to any exclusions permitted under the law, we will fulfill such requests up to two (2) times in any twelve (12) month period. We will not discriminate against you if you choose to exercise any of these rights. California residents may exercise the rights described above by contacting us by email (hello@singenuity.com) or mail (PO Box 488, Goodlettsville, TN 37070).

Please note that in order for a request to be verifiable, you may be required to confirm information that we have on file for you; including email address, phone numbers, full names, addresses and other information. We reserve the right to deny a consumer request if the identity of the requesting party cannot be confirmed.

Finally, for personal data that is provided or managed by a third party (such as a tour or activity provider), we may need to forward your request to the applicable third party instead of directly fulfilling it ourselves.

CHILDREN

The Platform is not directed toward children under 13. We do not knowingly collect personal data regarding such children, unless provided by or with the authorization of their parent or guardian. If we become aware that we have collected personal data from such children without parental or guardian authorization, we will take reasonable steps to remove such data from our systems.

Singenuity Terms of Service

Last Updated: February 13, 2020

These Singenuity Terms of Service for a binding legal agreement (this “Agreement”) between Singenuity LLC, a Tennessee limited liability company (“Singenuity”), and you, a user of the Singenuity online software platform and any related software and websites (collectively, the “Platform”).

Please review this Agreement carefully. By visiting and using the Platform, you agree to be bound by this Agreement. Singenuity may update this Agreement from time to time in its discretion, but will always keep the latest version of this Agreement posted on the Platform. By using the Platform after a new version of this Agreement has been posted, you agree to the terms and conditions of such version of this Agreement.

If you are accessing the Platform on behalf of a Singenuity customer that has a separate, written Subscription Agreement with Singenuity (a “Subscription Agreement”), the terms and conditions of the Subscription Agreement will apply to your use of the Platform. In the event of any conflict between the terms of this Agreement and of the applicable Subscription Agreement, the terms of the applicable Subscription Agreement will govern.

  1. PLATFORM.
    1.1 Platform Access. Subject to your ongoing compliance with this Agreement, Singenuity grants you a non-exclusive, non-transferable license to access and use the Platform and the information, data, materials, or other content included or available therein (collectively, “Content”) for your own internal purposes.
    1.2 Account and Credentials. You represent and warrant that any information you provide in creating your account is complete and accurate, and that you have the right to provide such information to Singenuity. “Credentials” means the usernames and passwords used to access the Platform using your account. You may not share Credentials with any other users. You are responsible for maintaining the security of your Credentials, and will be responsible for any actions taken using such Credentials.
    1.3 Restrictions. You will not: (i) rent, lease, lend, sell, redistribute, sublicense, or otherwise grant access to the Platform to any third parties; (ii) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Platform or Content, in each case unless otherwise authorized by Singenuity; (iii) transmit any viruses or other harmful, disruptive, or malicious computer code or otherwise interfere with the operation of the Platform or any person’s or entity’s use and enjoyment thereof; (iv) use any robot, bot, spider, or other automatic or manual device or process to monitor, scrape, or copy any part of the Platform or Content; (v) use the Platform or Content to develop or improve a competing product or service; (vi) act in any unlawful manner in connection with the Platform or Content; (vii) remove or alter any proprietary markings on the Platform or Content; (viii) transmit any information that is false, misleading, incorrect, or incomplete, or impersonate any person or entity or misrepresenting its affiliation with any person or entity; or (ix) attempt to access any prohibited portions of the Platform or Singenuity’s systems.
    1.4 Ownership and Confidentiality. As between the parties, Singenuity will retain all right, title, and interest in and to the Platform and Content, including any trademark, copyright, patent, trade secret, or other intellectual property rights therein. You will maintain the Content in confidence using at least the same degree of care as it uses to protect your own confidential information, but no less than reasonable care. You will not disclose any Content to any person or entity. The parties acknowledge and agree that breach of this section may lead to irreparable harm for which monetary damages would be an inadequate remedy, and that the non-breaching party will thus be entitled to seek equitable relief, including injunctive relief, in addition to any other rights and remedies at law or under this Agreement. If you provide any feedback or suggestions regarding the Platform or Content, you grant Singenuity a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable and sublicensable license to use and exploit such feedback and suggestions without any obligation of compensation or attribution. Any rights not expressly granted herein are reserved by Singenuity.
    1.5 Platform Changes. Singenuity reserves the right to alter, change or improve any part of the Platform as it deems appropriate, including if required as a result of regulatory changes or other changes imposed by third parties beyond Singenuity’s reasonable control.
    1.6 Equipment and Connectivity. You are solely responsible for obtaining, installing, and maintaining any equipment or other hardware required to access and use the Platform. You acknowledge that access to the Platform requires internet connectivity, and you are solely responsible for ensuring it has access to such connection and for payment of any access, communications, data, or other charges associated with such connection.
    1.7 Privacy Policy. Any personal information submitted to the Platform by you or the applicable tour or activity provider will be handled in accordance with our Privacy Policy, which is posted on the Platform and hereby incorporated by reference.
  2. FEES AND PAYMENT. Certain features of the Platform, such as booking a reservation or purchasing photographs, may incur a service fee. You will pay any listed fees to either Singenuity or its customers (collectively, the “Fees”). All Fees will be paid in United States dollars, and are non-cancellable and non-refundable. All Fees are exclusive of, and you will be responsible for payment of, all taxes except for those based on Singenuity’s net income. You must dispute any Fees within 30 days from charging thereof, and any claims not raised within such time are waived by you.
  3. TERMINATION. Singenuity may immediately suspend or terminate your account or access to the Platform in the event of: (i) breach of Sections 1.3 or 1.4 above; (ii) any other circumstance that, in Singenuity’s sole discretion, jeopardizes the security, integrity, and confidentiality of the Platform or of any entity’s networks or systems; or (iii) as otherwise required to comply with applicable law. Singenuity will have no liability for any such suspension or termination. Termination of this Agreement will not affect any liabilities or obligations of the parties accruing prior to such termination. Sections 1.3, 1.4, and 2 through 7 will survive any termination of this Agreement.
  4. INDEMNITY. You will defend, indemnify and hold harmless Singenuity, its subsidiaries, affiliates, licensors, service providers, or any of their officers, directors, agents, employees and assigns (collectively, the “Singenuity Parties”), from and against any and all claims, suits, proceedings, losses, damages, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees) suffered or incurred by them in connection with a third party claim arising out of your use of the Platform or Content, or your breach of this Agreement. The Singenuity Parties may participate in the defense of such claim using counsel of their choice at your expense, but are not obligated to do so.
  5. DISCLAIMER. THE PLATFORM AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. SINGENUITY DISCLAIMS, AND YOU WAIVE, ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, GOOD AND WORKMANLIKE PERFORMANCE, NON-INFRINGEMENT, OR TITLE. YOUR SOLE AND EXCLUSIVE REMEDY FOR BREACH OF THIS AGREEMENT BY SINGENUITY IS TERMINATION OF THIS AGREEMENT OR CESSATION OF USE OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, SINGENUITY DOES NOT WARRANT THAT THE PLATFORM OR CONTENT WILL MEET YOUR NEEDS OR THAT ANY ASPECT OF THE PLATFORM OR CONTENT WILL OPERATE ERROR-FREE OR BE AVAILABLE CONTINUOUSLY.THE PLATFORM MAY CONTAIN LINKS TO OR OTHERWISE INCORPORATE THIRD-PARTY WEBSITES OR SERVICES NOT UNDER SINGENUITY’S CONTROL OR OPERATION (“THIRD-PARTY SERVICES”). FOR EXAMPLE, (A) THE PLATFORM FACILITATES YOUR BOOKING OF RESERVATIONS AND OTHER TRANSACTIONS WITH TOUR AND ACTIVITY PROVIDERS, AND (B) THE PLATFORM USES SQUARE AS A THIRD-PARTY SERVICE FOR PAYMENT PROCESSING. IN NO EVENT WILL SINGENUITY BE RESPONSIBLE OR LIABLE FOR, DIRECTLY OR INDIRECTLY, AND YOU FULLY RELEASE THE SINGENUITY PARTIES FROM, ANY DAMAGES OR LOSSES CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY CONTENT, PRODUCTS, SERVICES OR OTHER MATERIALS AVAILABLE ON OR THROUGH ANY THIRD-PARTY SERVICES. YOU ARE RESPONSIBLE FOR COMPLYING WITH ANY APPLICABLE TERMS AND CONDITIONS ASSOCIATED WITH ANY THIRD-PARTY SERVICE. SINGENUITY WILL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES ARISING FROM DEFECTS, DOWNTIME, OR OTHER ISSUES WITH YOUR OR ANY THIRD PARTY’S HARDWARE, EQUIPMENT, OR TELECOMMUNICATIONS OR OTHER NETWORKS. ANY TRANSACTION ENTERED INTO BETWEEN YOU AND A TOUR OR ACTIVITY PROVIDER, EVEN IF FACILITATED BY THE PLATFORM, IS ENTIRELY BETWEEN YOU AND SUCH PROVIDER AND SINGENUITY IS NOT A PARTY TO THAT TRANSACTION. YOU HEREBY RELEASE SINGENUITY FROM ANY CLAIMS YOU MAY HAVE AGAINST ANY SUCH PROVIDERS, INCLUDING AS RELATES TO PAYMENT OF FEES, BOOKING AND RESERVATION ISSUES, AND ANY INCIDENTS OCCURRING AS PART OF ANY TOURS OR OTHER ACTIVITIES OFFERED BY SUCH PROVIDERS.
  6. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE SINGENUITY PARTIES BE LIABLE TO YOU FOR ANY: (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER ARISING (INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE, TORT, STIRCT LIABILITY, OR BREACH OF CONTRACT); OR (B) AMOUNT BEYOND THE GREATER OF $50 OR THE FEES PAID BY YOU TO SINGENUITY IN THE PAST SIX MONTHS (IF ANY). THE PARTIES ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL, PARTIAL AND/OR FUNDAMENTAL BREACH OF THIS AGREEMENT) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. YOU MAY NOT BRING OR INSTITUTE ANY CLAIM, ACTION, OR PROCEEDING AGAINST SINGENUITY IN CONNECTION WITH THE PLATFORM OR CONTENT MORE THAN TWELVE MONTHS AFTER THE CAUSE OF ACTION ARISES. BECAUSE SOME STATES/ JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
  7. MISCELLANEOUS.
    7.1 Headings. All headings are solely for convenience and shall not affect the meaning, construction or effect hereof.
    7.2 Notice. Any notice given by you hereunder must be sent in writing to Singenuity at PO Box 488, Goodlettsville, TN 37070. Singenuity may provide notice to you hereunder by email or in writing, in each case using the contact information provided by you in your account. You are responsible for updating such contact information from time to time if needed.
    7.3 Governing Law; Venue. This Agreement will be governed by the laws of the State of Tennessee, without regard to its conflict of law principles, and all disputes hereunder will be resolved in the applicable state or federal courts located in Davidson County, Tennessee. The parties consent to the exclusive jurisdiction of such courts and waive any jurisdictional or venue defenses otherwise available. In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to attorneys’ fees.
    7.4 Force Majeure. Singenuity will not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond Singenuity’s reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, denial-of-service attacks, or any failure of a computer, server or software, for so long as such event continues to delay Singenuity’s performance.
    7.5 No Waiver; Amendments. Non-enforcement by either party of any term or condition of this Agreement will not constitute a waiver unless expressly agreed in writing. No amendment, alteration, or modification of this Agreement will be effective or binding unless it is set forth in a writing signed by duly authorized representatives of both parties.
    7.6 Severability. If a court of competent jurisdiction finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of this Agreement will continue in full force and effect.
    7.7 Successors; Assignment. This Agreement, including without limitation the indemnification and releases set forth herein, will be binding on and will inure to the benefit of the parties hereto and their permitted heirs, administrators, successors, and assigns. This Agreement may not be assigned, conveyed, or otherwise transferred by you except with prior written consent of Singenuity. Any attempted assignment in violation of this section will be null and void.
    7.8 Independent Contractors. The parties are independent contractors. Nothing herein will be construed to create a partnership, joint venture, or similar arrangement between Singenuity and you. Neither party shall be deemed to be an agent, employee, or representative of the other.
    7.9 Entire Agreement. This Agreement (and the applicable Subscription Agreement, if any) constitutes the entire agreement between the parties in connection with the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, with regard to the subject matter hereof.