PRIVACY POLICY
We, the entity identified on this site by name and contact information published in the header of this site, (the “Company”), publish this Privacy Policy (the “Policy”) to inform visitors and customers of our practices concerning the collection, use, and protection of information that you provide to us through interactions with this website and with those of our affiliate. This Policy applies to all visitors to the website as well as all customers and potential customers of our travel services.
1. For purposes of this Policy, “User” means any person (i) accessing the Company’s website, (ii) using the services available through the Company’s website, or (iii) contacting the Company via the website’s contact form.
2. Personally Identifiable Information (PII). In the course of using the Services, Users may be required to provide certain personally identifiable information to the Company, including such Users’ first and last names, mailing addresses (including zip codes), e-mail addresses, telephone and facsimile numbers, and other personally identifiable information. The Company may gather additional personal or non-personal information in the future. Depending upon the particular Service, some of the information the Company asks Users to provide is identified as mandatory and some as voluntary. If a User does not provide the mandatory information with respect to a particular Service, that User will not be able to use or access that Service. However, no personally identifiable information will be collected about a User until and unless a User provides such information in order to access a Service.
3. Non-Personally Identifiable Information. In the course of providing the Services, the Company may gather certain information that does not specifically identify a specific User. This information may include Uniform Resource Locators (“URLs”) used by Users to access the Services, the browser used by User to access the Services (Internet Explorer, Google Chrome, etc.), a User’s Internet Protocol (“IP”) address, and a User’s Machine Access Control (“MAC”) address. This information may be compiled and analyzed on both a personal and an aggregated basis and is used for the operation of the Services and to maintain the quality of the Services.
4. Use of Information. We will use the Information to provide the Services to you, including, as needed, sharing your information with third parties as provided in Section 4 below. We may also use your information to: (i) ensure that our records are accurate; (ii) send out information on additional travel or services you may be interested in on behalf of the Company and; (iii) Our Travel and Business Partners.
5. Sharing of Information. Except as otherwise stated in this Privacy Policy, the Company will not disclose, sell, trade, or lease a User’s personally identifiable information to other parties.
5.1 Outside Agents. Many of our services are provided by Outside Agents, and your personal information will be protected by and subject to Outside Agents’ privacy policy, located here: https://outsideagents.com/privacy-policy-2019/.
5.2 Travel Search Engine. The travel search engine is powered by Odysseus Solutions Inc. When using the travel search engine, your personal information is protected by and subject to Odysseus Solutions privacy policy and data protection protocols, incorporated herein by reference, located here https://www.odysseussolutions.com/privacy-policy.html and here https://www.odysseussolutions.com/data-security-statement.html respectively.
5.3 Client Relationship and Accounting Data. We, the Company, will maintain certain PII as described below to service bookings, communicate with you, and to manage accounting related information.
5.4 Other Third-Party Providers. Many of the Services involve delivering personally identifiable information to other third-party providers. Credit card transactions are handled by established third party banking, processing agents and distribution institutions. If a User uses a credit card to pay for Services, we will be required to share the User’s personally identifiable information with such institutions in order to verify and authorize the User’s credit card or other payment information.
5.5. Government Authorities. The Company may be required by law to provide personally identifiable information to governmental authorities in certain circumstances. The Company will disclose Personally Identifiable Information upon receipt of a court order, subpoena, or other judicial requirements. The Company fully cooperates with law enforcement agencies in identifying Users who use the Services for illegal activities. The Company reserves the right to report to law enforcement agencies any activities that the Company, in good faith and in its sole discretion, believes to be unlawful.
5.6. Direct Marketing. The Company does not disclose User’s personally identifiable information to third parties for direct marketing purposes.
6. Security and Protection of Information..
6.1. Personally Identifiable Information (PII). The Company shall store personally identifiable information in accordance with current industry security standards in order to protect it from unauthorized access, use or disclosure. User access to his or her own personally identifiable information is available through unique customer ID and a password selected by User. Such information is stored on a secure server only accessible by the Company. The Company encrypts personally identifiable information using industry-recognized standards in order to prevent unauthorized parties from viewing such information that a User submits it to the Company.
6.2. Transmission of Personally Identifiable Information. When personally identifiable information is transmitted to other parties, such as Outside Agents, Revelex, Odysseus Solutions Inc., TravelESolutions.com, government authorities, credit card providers, or any other authorized third parties, the Company will use commercially reasonable efforts to prevent unauthorized parties from viewing such information.
6.3. Access and User Changes to Information. User may access and update User’s information at any time by contacting the Company. However, any changes to User’s information will only be reflected going forward; the Company cannot alter information it has already provided to third parties.
6.4. No Warranties. No data transmission over the Internet or other wireless communication method can be guaranteed to be totally secure. As a result, while the Company will make all reasonable efforts to protect the privacy of Users’ information, both personally identifiable and otherwise, THE COMPANY MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES WITH RESPECT TO THE PRIVACY OF SUCH TRANSMITTED INFORMATION. The Company’s obligations with respect to the security of Users’ stored information are set forth in the applicable contract. State laws may also apply to said obligations to secure stored information.
7. Use of Cookies. The Services use “cookies” to ensure that Users can use the websites effectively. A cookie is a text file that is placed on a User’s hard disk by a web page server. The Company does not use cookies to run programs on a User’s computer. Cookies are uniquely assigned to Users and can only be read by a web server in the domain that issued the cookie. Each User has the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but with settings that can be modified to decline cookies. If a User chooses to decline cookies, the User may have difficulty using the Services or may be unable to use the Services at all.
8. General Data Protection Regulation. We do not offer Services to residents of the European Union. While the Company attempts to avoid doing business with residents of the European Union, we cannot prevent such activity in every case. Given this fact, residents of the European Union expressly assume responsibility for their actions on this website, any related website, or any third-party service. Further, residents of the European Union in using the Company’s services, indemnify the Company with regard to E.U. law. We store any personally identifiable information any visitor to the Company’s sites and its partners as required by U.S. law and industry best practices.
9. Changes to Policy. The Company shall, from time to time, update this Privacy Policy in order to better protect User data, to comply with changes in applicable law, and to meet any contractual obligations of the Company. The Company shall notify all Users of changes to this Privacy Policy – prior to the changes taking effect – via e-mail to each User’s registered e-mail address and by posting the new Privacy Policy on its website. User’s continued use of the Services after any updates to the Privacy Policy take effect shall be deemed to constitute User’s acceptance of the changes and its agreement to be bound by them.
10. California Law. The following provisions apply only to Users residing or domiciled in the State of California:
10.1 Sale of Personally Identifiable Information. Under Cal. Civ. Code § 1798.80, a User residing in the State of California has the right to request from the Company a list of all third parties to which the Company has disclosed personally identifiable information during the preceding year for direct marketing purposes. As stated before, the Company does not and will not disclose such information for direct marketing purposes. For questions about this policy, please contact us at the email address indicated in the header of this, the Company’s, website.
10.2 Do Not Track Signals. In order to help us personalize your experience on our website, the Company does not act on Do Not Track signals from a User’s Internet browser. The Company’s suppliers that collect personally identifiable information through the Services also do not act on Do Not Track signals from a user’s browser. The Company makes no representations concerning a third-party partner that collects personally identifiable information directly through the Company’s website. These disclosures are made under Cal. Bus. & Prof. Code § 22575.
11. Indemnification. The Company uses this website through its relationship with OutsideAgents.com. The Company is solely responsible for this websites content, data, security, and compliance with all applicable law. Specifically, the Company indemnifies OutsideAgents.com for any failures, breaches, or other problems arising from the Company’s use of this site or other services provided by OutsideAgents.com and its partners.
This Privacy Policy is effective as of April 8, 2019.
ACCEPTABLE USE
For purposes of these Terms of Use, “Content” means information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials made available, displayed or transmitted over, by, or in connection with the Services (including information made available by means of an Internet “hyperlink”, a third party Web posting, e-mail, or similar means), including all trademarks, trade names service marks and domain names contained therein, as well as the contents of any mobile applications, websites, social media, bulletin boards, chat forums, and all updates, upgrades, modifications, and other version of any of the foregoing.
With regard to the use of the Services, including any and all Content that you upload, send, post, e-mail, or otherwise transmit while using the Services, you represent and warrant that (i) you are the true owner of or have and will have at all times sufficient rights, without limitation, to upload the Content; (ii) the Content does not and will not violate: (a) the copyrights, patents, trade secrets, trademarks, service marks or other intellectual property rights; (b) any other property rights; (c) privacy rights; or (d) any other proprietary rights of any other person, business, or entity; and (iii) the transmission of the Content does not and will not violate any laws or breach any licenses or other agreements to which you are a party. Except as specifically permitted by law, you may not post, modify, distribute, or reproduce in any way copyrighted or other proprietary materials without obtaining the prior written consent of the copyright owner of such materials.
You acknowledge that all Content, whether posted publicly or transmitted privately over, by, or in connection with the Services is the sole responsibility of the person from whom such Content originated. You agree and acknowledge that (i) we do not control or endorse the Content and (ii) that we cannot guarantee the accuracy, integrity or quality of such Content. You further agree and acknowledge that by using the Services you may be exposed to Content that is inaccurate, offensive or indecent. You agree that the Company will not be liable whatsoever for any Content or for any loss or damage of any kind resulting, directly or indirectly, from the use of or reliance on any Content transmitted via the Services and you hereby assume and agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.
In using the Services, you agree not to upload, send, post, e-mail, or otherwise transmit via the Services any Content that (i) contains viruses other code or software that damages, destroys or interferes with (or is intended to damage, destroy, or interfere with) the communications networks or computer systems of Company, or our employees, contractors, affiliates, or customers, (ii) contains unlawful, tortious, libelous, defamatory, abusive, racist, harassing, or threatening material, or is invasive of another’s privacy, another’s right of publicity, is pornographic (including but not limited to child pornography), or otherwise objectionable as determined by us in our sole discretion, or (iii) constitutes unsolicited commercial bulk email (spam), or is prohibited by the CAN-SPAM Act of 2003, or any other applicable law regulating e-mail services.
We have the right, at our sole discretion, to remove any material that breaches these Terms of Service or is (in our sole reasonable opinion) otherwise objectionable.
You may not use the Services, either manually or by means of an automated tool, to collect the contact information or personally identifiable information of other users of the Services for any purpose (other than using the Services) including, but not limited to, collection of such information for advertising or direct marketing to users of the Services outside of the Services.
You may not use the Services to interfere with, gain unauthorized access to, or otherwise violate the security of our (or another party’s) network, servers, computers, other control devices, software, or data, or to attempt to do any of the foregoing. Examples of system or network security violations include but are not limited to:
Unauthorized monitoring, scanning or probing of networks or systems or any other action aimed at the unauthorized interception of data or the harvesting of e-mail addresses;
Use any forged, false or misleading number identity, email header, invalid or non-existent domain names in email or postings nor employ techniques to hide, obscure or counterfeit the source of e-mail or other posting;
Hacking, attacking, gaining access to, breaching, circumventing or testing the vulnerability of the user authentication or security of any host, network, server, personal computer, network access and control devices, software or data without express authorization of the owner of the system or network;
Impersonating others, phishing, or secretly or deceptively obtaining personal information of third parties; or
Using any program, file, script, command or transmission of any message or content of any kind, designed to interfere with a terminal session, the access to or use of the Internet or any other means of communication; except in the case of authorized legitimate network security operations, distributing or using tools designed to compromise security (including but not limited to SNMP tools), including cracking tools, password guessing programs, packet sniffers or network probing tools; or programs that may damage the operation of another’s network, system, computer or other property.
TERMINATION
We reserve the right to immediately and without notice suspend or terminate your use of the Services if we reasonably believe that you have violated these Terms of Service. We have no obligation to provide you with notice of an alleged violation. We may at any time, at our sole discretion, discontinue the Services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Services.
THIRD PARTY SERVICES
The Services may include services provided to Company by third party providers (a “Third Party Component”), including but not limited to ASAP Cruises Inc. dba OutsideAgents.com. Prior to using any Third Party Component, you may be required to agree to additional Terms of Service provided by such third-party vendor. You acknowledge and agree that you will comply with such additional Terms of Service.
The Services may also include links to third party websites that are controlled and maintained by others. You acknowledge and agree that any link to other websites is not an endorsement of such websites and that Company is not responsible for the content or availability of any such sites. Neither these Terms of Service nor our Privacy Policy governs the use of your information by third party websites.
COMPLIANCE WITH LAWS
In connection with your use of the Website or the Services, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States of America or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.
You agree and acknowledge that (i) the export, import, and use of certain software, and technical data that may be provided as part of the Services are subject to domestic and foreign U.S. laws (including the U.S. Export Administration Act and the regulations implemented thereunder by the U.S. Department of Commerce, the U.S. Foreign Corrupt Practices Act (“FCPA”), and all foreign laws similar to the FCPA) (all such laws and regulations collectively referred to herein as “Export Laws”), as the same may be amended from time to time, (ii) the transmission of Content via the Services may be subject to all domestic and foreign privacy laws applicable to the provision of Services (including the Electronic Communications Privacy Act (together with the Stored Communications Act),the Federal Trade Commission Act, the U.S. Patriot Act, the Children’s Online Protection Act, state privacy laws (including the California Online Privacy Protection Act (“CalOPPA”)), state wiretap laws, and, together with all respective federal and state regulations implementing those laws, as the same may be amended from time to time (all such laws and regulations collectively referred to herein as “Privacy Laws”), and (iii) you shall strictly comply with all Privacy Laws and Export Laws applicable, directly or indirectly, to your operation or use of the Services or your transmission of Content thereby.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that the Services, the Website and Content contained therein (including without limitation the Website design, text, graphics and all software and source codes connected with the Website and the Services) are protected by copyright, trademarks, patents and other intellectual property rights and laws that are owned by Company or other third parties from whom Company has the right to display such intellectual property. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder.
The Company does not claim ownership of any materials you post, upload or submit to any publicly accessible area of the Services. You hereby grant to Company (and its Affiliates) a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, perform, and display all Content that you upload to the Services, and to incorporate any such Content in other works in any form, media, or technology now known or later developed. You agree that Company will not treat any Content that you upload to the Services as confidential and may use any such Content in the operation of its business (including without limitation, for products, services, marketing, or advertising) without incurring any liability for royalties or any other consideration of any kind.
Notice and Procedure for a Claim of Copyright or Intellectual Infringement
A.S.A.P. Cruises Inc. hosts websites for travel agents and agencies with content produced and provided by independent contractors and certain 3rd party producers, including Travel Research Online, LLC. If you believe work in which you hold an intellectual property right is infringed upon by Travel Research Online, LLC or its partners, please provide Travel Research Online, LLC.’s agent for copyright with the following:
A description of the copyrighted work on which you claim infringement;
A signature of a person authorized to act on your behalf;
A description and location of the material on which you claim infringement;
Your physical address, email address, and telephone number;
A statement by you of a good faith belief the material on which you claim infringement is being used without your authorization and in violation of copyright law;
A statement by you or your agent made under penalty of perjury that the information in your notice is accurate and you are the copyright owner.
Agent for Notice of claims of copyright infringement: Laurence Gore Laurence D. Gore & Associates PA 101 NE 3rd Avenue Unit 1500 Ft. Lauderdale, FL 33301 Phone: 19545517187 Email: goreinternationallaw@gmail.com
INDEMNITY
You agree to indemnify, defend and hold Company and its shareholders, members, board of directors, board of managers, officers, managers, employees, agents, independent contractors, attorneys, suppliers, vendors or representatives (collectively with Company, the “Company Affiliates”) harmless from and against any and all Claims and Damages arising directly or indirectly (i) from any breach by you of these Terms of Service, and (ii) any Claim brought or threatened against Company by any third party arising (a) out of your use of the Services or (b) by reason of or in connection with any Content submitted, posted or transmitted through the Services, howsoever such Claims or Damages are suffered or incurred by Company as a result of (a) or (b).
For purposes of these Terms of Service:
“Claim” shall mean any suit, claim, demand, cause of action, administrative, regulatory or judicial action, proceeding (including condemnation or appropriation proceedings), hearing, written notice, arbitration, investigation, request for information, litigation, charge or complaint.
“Damages” shall mean any and all injury, damage, liability, judgment, loss, penalty, interest, cost and expense, including reasonable attorneys’ fees and court costs incurred due to, as part of, or resulting from an asserted or threatened Claim.
DISCLAIMERS AND LIMITATION OF LIABILITY
USE OF THE SERVICES IS AT YOUR OWN RISK. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OF SERVICE, THE SERVICES ARE PROVIDED “AS IS” AND WE MAKE NO WARRANTY, EXPRESS OR LIMITED, WITH RESPECT TO THE SERVICES, INCLUDING ANY AND ALL WARRANTIES OF TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE, AND ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED.
WE ARE NOT LIABLE FOR ANY DAMAGES WHATSOEVER TO THE EXTENT ARISING DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH LOST OR ALTERED MESSAGES OR TRANSMISSIONS OR UNAUTHORIZED ACCESS TO OR THEFT, ALTERATION, LOSS, DAMAGE OR DESTRUCTION OF YOUR CONTENT, DATA, PROGRAMS, INFORMATION, NETWORK OR SYSTEMS, EXCEPT TO THE EXTENT THAT ANY OF THE FOREGOING IS CAUSED BY OUR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT.
NOTWITHSTANDING ANY PROVISION OF THSE TERMS OF SERVICE TO THE CONTRARY, NONE OF THE COMPANY AFFILIATES SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL COSTS, LIABILITIES OR DAMAGES, WHETHER IN BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, OR UNDER ANY OTHER LEGAL THEORY, EVEN IF FORESEEABLE, ARISING FROM THE USE OR PERFORMANCE OF THE SERVICES, ANY INTERRUPTION OF SERVICES, OR ANY DELAY, ERROR OR LOSS OF DATA OR INFORMATION ARISING IN ANY MANNER OUT OF, OR IN CONNECTION WITH, THESE TERMS OF SERVICE, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ALL CLAIMS FOR WHICH ARE HEREBY SPECIFICALLY WAIVED. TO THE EXTENT SUCH DISCLAIMER IS PERMITTED BY LAW, WE HEREBY DISCLAIM LIABILITY FOR ANY OF THE FOREGOING COSTS, LIABILITIES OR DAMAGES CAUSED BY OUR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
YOU ACKNOWLEDGE THAT THE SERVICES ARE NOT GUARANTEED TO BE SECURE OR FREE FROM TAMPERING, VIRUSES, OR OTHER SECURITY VIOLATIONS. ACCORDINGLY, WE HEREBY DISCLAIM ANY AND ALL LIABILITY OR RESPONSIBILITY WHATSOEVER FOR THE SECURITY OF THE SERVICES, WHETHER OR NOT YOU HAVE IMPLEMENTED ENCRYPTION, FIREWALL PROTECTION OR ANY OTHER INTERNET SECURITY SERVICE OR DEVICE. YOU AGREE THAT THE TRANSMISSION OR USE OF CONTENT VIA THE SERVICES IS AT YOUR OWN RISK.
GOVERNING LAW AND USE OF TERMS
Captions and paragraph headings used in these Terms of Service are for convenience only, are not substantive provisions and are not be used to interpret any provision hereof. Pronouns used herein are to be construed as masculine, feminine, or neuter, and both singular and plural, as the context may require and the term “person” includes an individual, corporation, limited liability company, association, partnership, limited partnership, limited liability partnership, trust, and other organization, as the case may be. The word “include”, “exclude” and derivations thereof are not be construed as terms of limitation. The words “day,” “month,” and “year” mean, respectively, business day, calendar month and calendar year. Section references refer to sections of these Terms of Service.
In the event of any conflict between these Terms of Service and any contract between you and the Company, the latter shall control.
Should any part or provision of this Agreement, for any reason, be declared invalid or illegal, such invalidity or illegality shall not affect the validity of any remaining portion, which remaining portion shall remain in force and effect as if this Agreement had been executed with the invalid or illegal portions thereof eliminated.
All the provisions herein contained shall be binding upon and inure to the benefit of the respective heirs, personal representatives, successors and assigns of the parties hereto. Outside Agents may assign all of its rights hereunder at any time without notice or consent.
This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. In the event of any legal action or proceeding arising from this Agreement, the parties agree that the state court forum for said litigation shall be in Duval County, Florida, in the court of appropriate jurisdiction, and that the federal court jurisdiction shall be in the Middle District of Florida in Duval County, Florida. The parties hereto submit to the exclusive jurisdiction of such courts and hereby waive any objection or defense to such jurisdiction or venue, including any defense based upon inconvenient forum.
Effective Date: April 8, 2019