Terms of Use
Version 1.0 – May 25, 2018
In using this website
you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies
to these Terms and Conditions, Privacy Statement and any disclaimer Notice
and any or all Agreements: "Client", “You” and “Your” refers to
you, the person accessing this website and accepting the Company’s terms and
conditions. "The Company", “Ourselves”, “We” and "Us",
refers to The Contrada Corp. dba Tuscany Tours.
“Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either
the Client or ourselves. All terms refer to the offer, acceptance and
consideration of payment necessary to undertake the process of our assistance
to the Client in the most appropriate manner, whether by formal meetings
of a fixed duration, or any other means, for the express purpose of meeting the
Client’s needs in respect of provision of the Company’s stated
services/products, in accordance with and subject to, prevailing English Law.
Any use of the above terminology or other words in the singular, plural,
capitalization and/or he/she or they, are taken as interchangeable and
therefore as referring to same.
Privacy Statement
We are committed to protecting your privacy. Authorized employees within the
company on a need to know basis only use any information collected from
individual Clients. We constantly review our systems and data to ensure the
best possible service to our Clients. There are specific offenses for unauthorized
actions against computer systems and data. We will investigate any such actions
with a view to prosecuting and/or taking civil proceedings to recover damages
against those responsible
Confidentiality
Any information concerning the
Client and their respective Client Records may be passed to third parties.
However, Client records are regarded as confidential and therefore will not be
divulged to any third party, other than our employees and if legally required
to do so to the appropriate authorities. Clients have the right to request
sight of, and copies of any and all Client Records we
keep, on the proviso that we are given reasonable notice of such a request.
Clients are requested to retain copies of any literature issued in relation to
the provision of our services. Where appropriate, we shall issue Client’s with
appropriate written information, handouts or copies of records as part of an
agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal
information to any third party or use your e-mail address for unsolicited mail.
Any emails sent by this Company will only be in connection with the provision
of agreed services and products.
Disclaimer
Exclusions and Limitations
The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, this Company:
- excludes
all representations and warranties relating to this website and its contents or
which is or may be provided by any affiliates or any other third party,
including in relation to any inaccuracies or omissions in this website and/or
the Company’s literature; and
- excludes
all liability for damages arising out of or in connection with your use of this
website. This includes, without limitation, direct loss, loss of business or
profits (whether or not the loss of such profits was
foreseeable, arose in the normal course of things or you have advised this
Company of the possibility of such potential loss), damage caused to your computer,
computer software, systems and programs and the data thereon or any other
direct or indirect, consequential and incidental damages.
This Company does not however
exclude liability for death or personal injury caused by its negligence. The
above exclusions and limitations apply only to the extent permitted by law.
None of your statutory rights as a consumer are affected.
Availability
All advertising is intended solely for the United States market. You are solely
responsible for evaluating the fitness for a particular
purpose of any downloads, programs and text available through this site.
Redistribution or republication of any part of this site or its content is
prohibited, including such by framing or other similar or any other means,
without the express written consent of the Company. The Company does not
warrant that the service from this site will be uninterrupted, timely or error
free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees,
agents and affiliates against any loss or damage, in whatever manner, howsoever
caused.
Log Files
We use IP addresses to analyze trends, administer the site, track user’s movement,
and gather broad demographic information for aggregate use. Additionally, for
systems administration, detecting usage patterns and troubleshooting purposes,
our web servers automatically log standard access information including browser
type, access times/open mail, URL requested, and referral URL. This information
is not shared with third parties and is used only within this Company on a
need-to-know basis. Any individually identifiable information related to this
data will never be used in any way different to that stated above without your
explicit permission.
Cookies
Like most interactive web sites
this Company’s website uses cookies to enable us to retrieve user details for
each visit. Cookies are used in some areas of our site to enable the
functionality of this area and ease of use for those people visiting. Some of
our affiliate partners may also use cookies.
Links to this website
If you create a link to a page of this website you do so at your own risk and
the exclusions and limitations set out above will apply to your use of this
website by linking to it.
Links from this website
We do not monitor or review the content of other party’s websites which are
linked to from this website. Opinions expressed or material appearing on such
websites are not necessarily shared or endorsed by us and should not be
regarded as the publisher of such opinions or material. Please be aware that we
are not responsible for the privacy practices, or content, of these sites. We
encourage our users to be aware when they leave our site & to read the
privacy statements of these sites. You should evaluate the security and
trustworthiness of any other site connected to this site or accessed through
this site yourself, before disclosing any personal information to them. This
Company will not accept any responsibility for any loss or damage in whatever
manner, howsoever caused, resulting from your disclosure to third parties of
personal information.
Copyright and Trademark
Copyright and other relevant intellectual property rights exists
on all text relating to the Company’s services and the full content of this
website.
Communication
We have several different e-mail
addresses for different queries. These, & other contact
information, can be found on our Contact
Us link on our website or via Company literature or via the Company’s
stated telephone, facsimile or mobile telephone numbers. This company is a registered
corporation in the State of California, registered office 120 Fourth Street, Ste.
1071, Petaluma, CA 94953.
Force Majeure
Neither party shall be liable to the other for
any failure to perform any obligation under any Agreement which is due to an
event beyond the control of such party including but not limited to any Act of
God, terrorism, war, Political insurgence, insurrection, riot, civil unrest,
act of civil or military authority, uprising, earthquake, flood or any other
natural or man made eventuality outside of our
control, which causes the termination of an agreement or contract entered into,
nor which could have been reasonably foreseen. Any Party affected by such event
shall forthwith inform the other Party of the same and shall use all reasonable
endeavours to comply with the terms and conditions of any Agreement contained
herein.
Waiver
Failure of either Party to insist upon strict
performance of any provision of this or any Agreement or the failure of either
Party to exercise any right or remedy to which it, he or they are entitled
hereunder shall not constitute a waiver thereof and shall not cause a
diminution of the obligations under this or any Agreement. No waiver of any of
the provisions of this or any Agreement shall be effective unless it is
expressly stated to be such and signed by both Parties.
General
The laws of California govern
these terms and conditions. By accessing this website and using our
services/buying our products you consent to these terms and conditions and to
the exclusive jurisdiction of the California courts in all disputes arising out
of such access. If any of these terms are deemed invalid or unenforceable for
any reason (including, but not limited to the exclusions and limitations set
out above), then the invalid or unenforceable provision will be severed from
these terms and the remaining terms will continue to apply. Failure of the
Company to enforce any of the provisions set out in these Terms and Conditions
and any Agreement, or failure to exercise any option to terminate, shall not be
construed as waiver of such provisions and shall not affect the validity of
these Terms and Conditions or of any Agreement or any part thereof, or the
right thereafter to enforce each and every provision.
These Terms and Conditions shall not be amended, modified, varied or
supplemented except in writing and signed by duly authorised representatives of
the Company.
Notification of Changes
The Company reserves the right to
change these conditions from time to time as it sees fit and your continued use
of the site will signify your acceptance of any adjustment to these terms. If
there are any changes to our privacy policy, we will announce that these
changes have been made on our home page and on other key pages on our site. If
there are any changes in how we use our site Clients’ Personally Identifiable
Information, notification by e-mail or postal mail will be made to those
affected by this change. Any changes to our privacy policy will be posted on
our web site 30 days prior to these changes taking place. You are therefore
advised to re-read this statement on a regular basis.
Privacy Policy and Cookie Policy
Version 1.0 – May 25, 2018
Tuscany Tours a division of the Contrada Corp., a California corporation, understands that your privacy is important to you and that you care about how your information is used and shared online. We respect and value the privacy of everyone who visits Our Site and will only collect and use information in ways that are useful to you and in a manner consistent with your rights and Our obligations under the law.
This Policy applies to Our use of any and all data collected by us in relation to your use of Our Site. Please read this Privacy Policy carefully and ensure that you understand it. Your acceptance of Our Privacy Policy is deemed to occur upon your first use of Our Site. If you do not accept and agree with this Privacy Policy, you must stop using TuscanyTours.com immediately.
1.
Definitions and Interpretation
In this
Policy the following terms shall have the following meanings:
“Account”
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means an account required to access and/or
use certain areas and features of Our Site;
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“Cookie”
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means a small text file placed on your
computer or device by Our Site when you visit certain parts of Our Site
and/or when you use certain features of Our Site. Details of the Cookies used
by Our Site are set out in section 12, below;
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“Our Site”
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means this website, TuscanyTours.com;
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“United States and EU Cookie Law”
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means the relevant parts of the Privacy and
Electronic Communications (EC Directive) Regulations 2003 as amended in 2004,
2011 and 2015; and;
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“We/Us/Our”
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means Tuscany Tours a division of
the Contrada Corp., a California corporation whose
registered address and main mailing address is 120 Fourth Street, Ste. 1071, Petaluma, CA 94953.
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2.
Information About Us
2.1
Our Site, TuscanyTours.com,
is owned and operated by Contrada Corp., a California
corporation whose registered address and main mailing address is 120 Fourth
Street, Ste. 1071, Petaluma, CA 94953.
2.2
Our data
protection officer is Sam Hilt who can be contacted at info@tuscanytours.com.
3.
Scope – What Does This Policy Cover?
This Privacy
Policy applies only to your use of Our Site. It does not extend to any websites
that are linked to from Our Site (whether We provide those links or whether
they are shared by other users). We have no control over how your data is
collected, stored or used by other websites and We advise you to check the
privacy policies of any such websites before providing any data to them.
4.
What Data Do We Collect?
Some data
will be collected automatically by Our Site (for further details, please see
section 12 on Our use of Cookies), other data will only be collected if you
voluntarily submit it and consent to Us using it for the purposes set out in
section 5, for example, when signing up for an Account. Depending upon your use
of Our Site, we may collect some or all of the
following data:
4.1
Name;
4.2
contact
information such as email addresses and telephone numbers;
4.3
demographic
information such as post code, preferences and interests;
4.4
financial information
such as credit / debit card numbers;
4.5
IP address
(automatically collected);
4.6
web browser
type and version (automatically collected);
4.7
operating
system (automatically collected);
4.8
a list of
URLs starting with a referring site, your activity on Our Site, and the site
you exit to (automatically collected);
5.
How Do We Use Your Data?
5.1
All personal
data is stored securely in accordance with the EU General
Data Protection Regulation (Regulation (EU) 2016/679) (GDPR). For more details on security
see section 6, below.
5.2
We use your
data to provide the best possible products and services to you. This includes:
5.2.1
Providing and
managing your Account;
5.2.2
Providing and
managing your access to Our Site;
5.2.3
Personalising
and tailoring your experience on Our Site;
5.2.4
Supplying Our
products and services to you;
5.2.5
Personalising
and tailoring Our products and services for you;
5.2.6
Responding to
communications from you;
5.2.7
Supplying you
with email e.g. newsletters, announcements, alerts etc. that you have
subscribed to (you may unsubscribe or opt-out at any time by following the
instructions in the email itself for by requesting removal by emailing
info@tuscanytours.com);
5.2.8
Market
research;
5.2.9
Analysing
your use of Our Site [and gathering feedback] to enable Us to continually
improve Our Site and your user experience.
5.3
In some
cases, the collection of data may be a statutory or contractual requirement,
and We will be limited in the products and services We can provide you without
your consent for Us to be able to use such data.
5.4
With your
permission and/or where permitted by law, We may also
use your data for marketing purposes which may include contacting you by email AND/OR
telephone AND/OR text message AND/OR post with information, news and offers on
Our products AND/OR services. We will not, however, send you any unsolicited
marketing or spam and will take all reasonable steps to ensure that We fully
protect your rights and comply with Our obligations under the GDPR and the
Privacy and Electronic Communications (EC Directive) Regulations 2003, as
amended in 2004, 2011 and 2015.
5.5
Advertisers
whose content appears on Our Site may engage in what is known as “behavioural
advertising” – advertising which is tailored to your preferences, based on your
activity. Your activity is monitored using Cookies, as detailed below in
section 12. You can control and limit your data used in this way by adjusting
your web browser’s privacy settings. Please note that We do not control the
activities of such advertisers, nor the information they collect and use.
Limiting the use of your data in this way will not remove the advertising, but
it will make it less relevant to your interests and activities on Our Site.
5.6
Under GDPR we
will ensure that your personal data is processed lawfully, fairly, and
transparently, without adversely affecting your rights. We will only process your personal data if at
least one of the following basis applies:
a)
you have
given consent to the processing of your personal data for one or more specific
purposes;
b)
processing is
necessary for the performance of a contract to which you are a party or in
order to take steps at the request of you prior to entering into a contract;
c)
processing is
necessary for compliance with a legal obligation to which we are subject;
d)
processing is
necessary to protect the vital interests of you or of another natural person;
e)
processing is
necessary for the performance of a task carried out in the public interest or
in the exercise of official authority vested in the controller; and/or
f)
processing is
necessary for the purposes of the legitimate interests pursued by us or by a
third party, except where such interests are overridden by the fundamental
rights and freedoms of the data subject which require protection of personal
data, in particular where the data subject is a child.
6.
How and Where Do We Store Your Data?
6.1
We only keep
your data for as long as We need to in order to use it as described above in
section 5, and/or for as long as We have your permission to keep it. In any event, We
will conduct an annual review to
ascertain whether we need to keep your data.
6.2
Some or all of your data may be stored or transferred outside of the
European Economic Area (“the EEA”) (The EEA consists of all EU member states,
plus Norway, Iceland and Liechtenstein). You are deemed to accept and agree to
this by using Our Site and submitting information to Us. If We do store or
transfer data outside the EEA, We will take all
reasonable steps to ensure that your data is treated as safely and securely as
it would be within the EEA and under the GDPR. Such steps may include, but not
be limited to, the use of legally binding contractual terms between Us and any
third parties We engage and the use of the EU-approved Model Contractual
Arrangements.
6.3
Data security
is of great importance to Us, and to protect your data We have put in place
suitable physical, electronic and managerial procedures to safeguard and secure
data collected through Our Site.
6.4
Steps We take
to secure and protect your data include:
6.4.1
Web
application firewall;
6.4.2
Real-Time
threat defense feed;
6.4.3
Brute force
attack blocking;
6.4.4
Malware
scanning;
6.4.5
Spamvertise scanning;
6.4.6
Block IPs of
failed login attempts;
6.4.7
Block IPs of
blacklisted sites;
6.4.8
Block
intrusion attempts;
6.4.9
SSL data
encryption.
6.5
Notwithstanding
the security measures that We take, it is important to remember that the
transmission of data via the internet may not be completely secure and that you
are advised to take suitable precautions when transmitting to Us data via the
internet.
7.
Do We Share Your Data?
7.1
We may share
your data with other companies in Our group. This includes Our subsidiaries
AND/OR Our holding company and its subsidiaries.
7.2
We may
contract with third parties to supply products and services to you on Our
behalf. These may include payment processing, delivery of goods, search engine
facilities, advertising and marketing. In some cases, the third parties may
require access to some or all of your data. Where any
of your data is required for such a purpose, We will
take all reasonable steps to ensure that your data will be handled safely,
securely, and in accordance with your rights, Our obligations, and the
obligations of the third party under the law. We currently contract with:
PayPal, Constant
Contact, Infusionsoft
7.3
We may
compile statistics about the use of Our Site including data on traffic, usage
patterns, user numbers, sales and other information. All such data will be
anonymised and will not include any personally identifying information. We may
from time to time share such data with third parties such as prospective
investors, affiliates, partners and advertisers. Data will only be shared and
used within the bounds of the law.
7.4
In certain
circumstances We may be legally required to share certain data held by Us,
which may include your personal information, for example, where We are involved
in legal proceedings, where We are complying with the requirements of
legislation, a court order, or a governmental authority. We do not require any
further consent from you in order to share your data in such circumstances and
will comply as required with any legally binding request that is made of Us.
8.
What Happens If Our Business Changes
Hands?
8.1
We may, from
time to time, expand or reduce Our business and this may involve the sale
and/or the transfer of control of all or part of Our business. Data provided by
users will, where it is relevant to any part of Our business so transferred, be
transferred along with that part and the new owner or newly controlling party
will, under the terms of this Privacy Policy, be permitted to use the data for
the purposes for which it was originally collected by Us.
8.2
In the event that any of your data is to be
transferred in such a manner, you will be contacted in advance and informed of
the changes. When contacted you will be given the choice to
have your data deleted or withheld from the new owner or controller.
9.
How Can You Control Your Data?
9.1
When you
submit information via Our Site, you may be given options to restrict Our use
of your data. We aim to give you strong controls on Our use of your data
(including the ability to opt-out of receiving emails from Us which you may do
by unsubscribing using the links provided in Our emails and at the point of
providing your details AND/OR by managing your Account).
9.2
You may also
wish to sign up to one or more of the preference services operating in the your country: The Telephone Preference Service (“the
TPS”), the Corporate Telephone Preference Service (“the CTPS”), and the Mailing
Preference Service (“the MPS”). These may help to prevent you receiving
unsolicited marketing. Please note, however, that these services will not
prevent you from receiving marketing communications that you have consented to receiving.
10.
Your Right to Withhold Information
and Your Right to Withdraw Information After You Have Given it
10.1
You may
access certain areas of Our Site without providing any data at all. However, to
use all features and functions available on Our Site you may be required to
submit or allow for the collection of certain data.
10.2
You may
restrict your internet browser’s use of Cookies. For more information, see
section 12.
10.3
You may
withdraw your consent for Us to use your personal data as set out in section in
5 at any time by contacting Us using the details set out in section 15, and We
will delete Your data from Our systems.
However, you acknowledge this may limit Our ability to provide the best
possible products and services to you.
11.
How Can You Access Your Data?
You have the
legal right to ask for a copy of any of your personal data held by Us (where
such data is held). Please contact Us for more details at info@tuscanytours.com,
or using the contact details below in section 15.
12.
What Cookies Do We Use and What For?
12.1
Our Site may
place and access certain first party Cookies on your computer or device. First
party Cookies are those placed directly by Us and are used only by Us. We use
Cookies to facilitate and improve your experience of Our Site and to provide
and improve Our products and services. For more details, please refer to
section 5, above, and to section 12.5 below. We have carefully chosen these
Cookies and have taken steps to ensure that your privacy is protected and
respected at all times.
12.2
By using Our Site you may also receive certain third party Cookies on
your computer or device. Third party Cookies are those placed by websites,
services, and/or parties other than Us. We use third party Cookies on Our Site
for analytics and advertising services. For more details, please refer to
section 5, above, and to section 12.6 below. These Cookies are not integral to
the functioning of Our Site.
12.3
All Cookies
used by and on Our Site are used in accordance with current English and EU
Cookie Law.
12.4
Certain
features of Our Site depend on Cookies to function. Your Country and EU Cookie
Law deems these Cookies to be “strictly necessary”. These Cookies are shown
below in section 12.5. Your consent will not be sought to place these Cookies.
You may still block these Cookies by changing your internet browser’s settings
as detailed below in section 12.10, but please be aware that Our Site may not
work as intended if you do so. We have taken great care to ensure that your
privacy is not at risk by allowing them.
12.5
The following
first party Cookies may be placed on your computer or device:
Google Analytics – Used for
website analytics;
Google Remarketing Tag – Used for
advertising;
Facebook Pixel – User for
analytics and advertising;
and the
following third party Cookies may be placed on your
computer or device:
Your Internet Browser – Used to
track movement between website pages;
12.6
Our Site uses
analytics services provided by Google and Facebook. Website analytics refers to
a set of tools used to collect and analyse usage statistics, enabling Us to
better understand how people use Our Site. This, in turn, enables Us to improve
Our Site and the products and services offered through it. You do not have to
allow Us to use these Cookies, as detailed below, however whilst Our use of
them does not pose any risk to your privacy or your safe use of Our Site, it
does enable Us to continually improve Our Site, making it a better and more
useful experience for you.
12.7
The analytics
service(s) used by Our Site use(s) Cookies to gather the required information. Certain
of these Cookies may be placed immediately when you first visit Our Site and it
may not be possible for Us to obtain your prior consent. You may remove these
Cookies and prevent future use of them by following the steps set out below in
section 12.9.
The analytics service(s) used by Our Site
use(s) the following Cookies:
Google Analytics
Facebook
12.8
You can
choose to enable or disable Cookies in your internet browser. Most internet
browsers also enable you to choose whether you wish to disable all cookies or
only third party cookies. By default, most internet
browsers accept Cookies but this can be changed. For further details, please
consult the help menu in your internet browser or the documentation that came
with your device.
12.9
You can
choose to delete Cookies at any time however you may lose any information that
enables you to access Our Site more quickly and efficiently including, but not
limited to, login and personalisation settings.
12.10
It is
recommended that you keep your internet browser and operating system up-to-date
and that you consult the help and guidance provided by the developer of your
internet browser and manufacturer of your computer or device if you are unsure
about adjusting your privacy settings.
13.
Summary of Your Rights under GDPR
Under the
GDPR, you have:
13.1 the right to request access to,
deletion of or correction of, your personal data held by Us;
13.2 the right to complain to a
supervisory authority;
13.3 be informed of what data processing
is taking place;
13.4 the right to restrict processing;
13.5 the right to data portability;
13.6 object to processing of your personal
data;
13.7 rights with respect to automated
decision-making and profiling (see section 14 below).
To enforce any of the foregoing
rights or if you have any other questions about Our Site or this Privacy
Policy, please contact Us using the details set out in section 15 below.
14.
Automated Decision-Making and
Profiling
14.1 In
the event that We use personal data for the purposes of automated
decision-making and those decisions have a legal (or similarly significant
effect) on You, You have the right to challenge to
such decisions under GDPR, requesting human intervention, expressing their own
point of view, and obtaining an explanation of the decision from Us.
14.2 The right described in section 14.1 does
not apply in the following circumstances:
a)
The decision
is necessary for the entry into, or performance of, a contract between the You
and Us;
b)
The decision
is authorised by law; or
c)
You have
given you explicit consent.
14.3 Where We use your personal data for
profiling purposes, the following shall apply:
a)
Clear
information explaining the profiling will be provided, including its
significance and the likely consequences;
b)
Appropriate
mathematical or statistical procedures will be used;
c)
Technical and
organisational measures necessary to minimise the risk of errors and to enable
such errors to be easily corrected shall be implemented; and
d)
All personal
data processed for profiling purposes shall be secured in
order to prevent discriminatory effects arising out of profiling.
14.4 We currently make the following
automated decisions:
a)
Determination
of what content is included in email messages;
b)
Sequencing of
email messages.
14.5 We
currently profile your personal data for the following purposes:
a) Follow up
on requests for information;
b) Email
marketing;
c) Announcements of upcoming tours.
15.
Contacting Us
If you have any questions about Our
Site or this Privacy Policy, please contact Us by email at info@tuscanytours.com,
by telephone on 800-634-3460 or by post at 120 Fourth Street, Ste. 1071, Petaluma, CA 94953. Please ensure that your
query is clear, particularly if it is a request for information about the data
We hold about you (as under section 11, above).
16.
Changes to Our Privacy Policy
We may change
this Privacy Policy as we may deem necessary from time to time, or as may be
required by law. Any changes will be immediately posted on Our Site and you
will be deemed to have accepted the terms of the Privacy Policy on your first
use of Our Site following the alterations. We recommend that you check this
page regularly to keep up-to-date.
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