UPDATED AND EFFECTIVE AS OF: March 20, 2023
PLEASE READ THIS PRIVACY NOTICE CAREFULLY.
OTG Experience, LLC, a Delaware limited liability company (together with its affiliates, “OTG” and also referred to herein as “we”, “us”, “our” and similar terms), operates certain websites, mobile apps, web-based applications, and kiosks or other devices (collectively, the “Programs”) that reference this OTG Privacy Notice (this “Privacy Notice”).
This Privacy Notice applies to information collected, used, disclosed, and maintained by OTG in conjunction with the use of the Programs, as well as other information provided to us online or offline by third parties, when we associate that information with customers or users of the Programs. However, it does not apply to information that you ask us to share with third parties or that is collected by Online Tool Providers (as further described below). You acknowledge and agree that OTG is not responsible for the data collection or use practices of any other user of the Programs or the Online Tool Providers utilized in providing the Programs.
FOR ALL USERS, by accessing, submitting information to, or otherwise using the Programs, you consent to this Privacy Notice. If you do not agree with this Privacy Notice, please do not access or use the Programs. Information gathered through the Programs may be transferred, used, and stored in the United States or in other countries where we or our service providers are located. If you use the Programs, you agree to the transfer, use, and storage of your Personal Information (as defined below) in those countries. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. You agree that all transactions relating to the Programs or OTG are deemed to occur in the United States, where our servers are located, except if you make a purchase relating to a specific airport. If you make a purchase relating to a specific airport, the financial transaction, including calculation of applicable taxes, is deemed to occur in the jurisdiction of such airport.
The Programs are not directed to children under the age of 13. If you are under the age of 13, you may not use our Programs or provide any personal information via any of the Programs.
We Reserve the Right to Modify this Privacy Notice. The effective date of the Privacy Notice is forth above. We reserve the right to modify this Privacy Notice at any time by posting amended terms or otherwise notifying you of changes to this Privacy Notice. Your continued use after such amendment indicates your acceptance of the amended Privacy Notice. IF YOU DO NOT AGREE TO CHANGES TO THIS PRIVACY NOTICE, YOU MUST STOP USING THE PROGRAMS AFTER THE EFFECTIVE DATE OF SUCH CHANGES. You should check this Privacy Notice periodically for modifications by referencing the effective date posted above. We will not materially change our policies and practices to make them less protective of Personal Information collected in the past without the consent of affected users.
COLLECTION OF PERSONAL INFORMATION.
- Personal Information in General. In some cases, we may request specific permission to collect Personal Information from you. By “Personal Information we mean information that can identify or reasonably be linked to you.
- Types and Sources of Personal Information.
- Order Data. In order to place an order through the Programs, you may be required to provide Personal Information, such as your name, seat location for delivery, payment method (from available options), email address or phone number. We refer to Personal Information provided in connection with an order as “Order Data.” We do not store payment method data in a manner that would permit purchases with the information. We use a third-party payment processor who is responsible for processing payments using your payment method in a secure manner. OTG is not responsible for the information practices of this third-party payment processor, and the third-party processor’s use of your credit card number or other Personal Information is governed by the payment processor’s own privacy notice and the Payment Card Industry Data Security Standard promulgated and enforced by payment card issuers.
- Registration Data. We reserve the right to require you to register or create an account with OTG in order to receive certain benefits, offers or services. In order to register or create an account with OTG, you may be required to provide Personal Information such as your name, location of residence, email address or phone number. We refer to Personal Information provided in connection with registration or account creation as “Registration Data.”
- Account Data. If you choose to scan your boarding pass, otherwise voluntarily provide us with your flight information and/or seek to use your airline’s frequent flyer points or miles or other rewards program, we may offer you certain products and services (e.g., pay with miles) and participation in certain programs based on the account associated with your airline frequent flyer or other rewards program number. In such a case, we may obtain certain Personal Information about you directly from the airline and rewards provider and may combine it with other Personal Information collected directly from you as described in this Privacy Notice. In these cases, all information associated with your airline frequent flyer or other rewards program number is or may be Personal Information. We refer to this type of Personal Information as “Account Data.”
- Location Data. We may collect Personal Information about your location when using the Programs by using mobile device location based tracking methods. Location based tracking uses methods that include GPS, wireless networks, cell towers, Wi-Fi access points, and other sensors, such as gyroscopes, accelerometers, and compasses. Your mobile device may include settings to disable the Programs’ access to your location. Please check your device and/or operating system instructions for availability and details. Note, however, that failure to opt-in to, or later opting-out of, the collection of location information will result in limitations in our ability to provide our full range of services using location-based features.
- User Experience Data. We also collect user experience recordings, which reproduce your interactions with the Programs, including mouse movements, page scrolling, information you type (including Personal Information), screen taps, and other actions you take while using the Programs. Recordings may include technical and usage data, as well as visual representations of actions you take while using the Programs. We use these recordings to help us understand how users interact with our Programs and to design a better user experience for you.
- You may also choose to communicate with us through email, text message, via the Programs, via telephone, in writing, or through any other means. We may collect all information, including Personal Information, in or about these communications.
- In general, most of the Personal Information collected will be in the form of Registration Data, Order Data, and/or Account Data (as defined above). In most instances, we will not collect any Personal Information from you unless you voluntarily submit such information to us. In most instances, you are not required to provide us with any Personal Information to use or access the Programs. However, if you choose not to provide certain Personal Information, you may not be able to make purchases or receive certain products offers or services.
- Consolidating the Information We Collect. We may combine any of the information described in this Privacy Notice, including Personal Information we collect directly from you or from Outside Contractors, with information collected automatically through your use of the Programs, including Personal Information and Non-Identified Information (described below), for any of the purposes described in this Privacy Notice. In the event that we link any Non-Identified Information with Personal Information, we will treat such information as Personal Information in accordance with this Privacy Notice.
HOW WE MAY USE PERSONAL INFORMATION WE COLLECT.
In general, we may use the Personal Information to help us and our Outside Contractors to process and fulfill orders for products and services placed by using the Programs, understand who uses the Programs and how it is used, to personalize the user’s experience, to assist the user in using the Programs and to improve the Programs. More specifically, we may use the Personal Information collected by the Programs for the following purposes and for other similar purposes:
- to establish and verify the identity of users;
- to open, maintain, administer, and service users’ accounts or memberships;
- to respond to inquiries and fulfill requests and otherwise provide our services, including fulfilling purchase and service orders placed though use of the Programs;
- to personalize users’ experience, including, without limitation, collecting and storing order preferences and user behavioral information for future use;
- to communicate with users or Outside Contractors regarding orders (e.g., sending electronic receipts of purchases via email or text message), account creation (e.g., welcome email), to confirm user options and preferences, or in order to provide or offer services, or deliver electronic newsletters and other information or news about services or the Programs;
- to promote products and services on our behalf and on behalf of Outside Contractors, including by sending promotional text messages and emails on our behalf or on behalf of our Outside Contractors, which promotions may be targeted based on your use of the Programs; and
- for other related business purposes, such as data analysis, audits, developing new products, improving the Programs, identifying usage trends, determining the effectiveness of promotional campaigns, and maintaining the security and integrity of our systems.
COLLECTION AND USE OF NON-IDENTIFIED INFORMATION.
When you use or access any of the Programs, we and our Outside Contractors may also collect information about you, your mobile device, and your use of the Programs that does not identify you, such as demographic information (e.g., age, profession or gender), anonymous device, advertising and other identifiers that cannot reasonably be connected to your identity, and information about the date and time you used the Programs, the pages you accessed while using the Programs, and the Internet addresses of the websites (e.g. URL) you visited that were linked to the Programs (collectively, “Non-Identified Information”). We and our Outside Contractors also collect Non-Identified Information from or about the mobile phones or other mobile devices where you install or access the Programs, depending on the permissions you have granted.
We use Non-Identified Information to help us understand the characteristics of people who use the Programs, and to improve and market the Programs in general. We may store anonymous web and order data as Non-Identified Information or associate certain order behaviors to specific flights based on flights a user has informed us such user is taking in the near future.
We also use the Non-Identified Information collected automatically by our servers primarily to help us administer and improve the Programs. In the event that we link any Non-Identified Information with Personal Information, we will treat such information as Personal Information and only use such information in accordance with this Privacy Notice.
To learn more about how we and our Outside Contractors collect Non-Identified Information, please see our Cookie Notice.
HOW WE MAY SHARE INFORMATION WITH THIRD PARTIES.
- Disclosure to Our Affiliates. We may disclose your Personal Information to our Affiliates. For the purpose of this Privacy Notice, “Affiliates” means any person or entity which directly or indirectly controls, is controlled by, or is under common control with us, whether by ownership or otherwise. Any Personal Information relating to you that we provide to our Affiliates will be treated by those Affiliates in accordance with this Privacy Notice.
- Disclosure to Airline Partners. We may share Personal Information obtained from Registration Data, Order Data, or Account Data (e.g., from and after boarding pass scanning) with our airline partners, and we may allow our airline partners to use such data for their other applications or services. The Personal Information we share may include the type of payment method a customer uses to pay for products or services purchased through use of the Programs.
- Disclosure to Our Outside Contractors. We may contract with business partners (such as an airline or rewards provider), vendors or suppliers (collectively, “Outside Contractors”) to participate in or provide specific services related to the Programs (e.g., internet access, payment processing, advertising, etc.) and to offer or provide retail products and services through use of the Programs. These Outside Contractors may sometimes have limited access to Personal Information collected by the Programs, including your Personal Information, in the course of providing products or services to you and/or us. Access to your Personal Information by these Outside Contractors is limited to the information reasonably necessary in order for the Outside Contractors to perform their limited function.
- Sharing of Aggregate Non-Identified Information. Some of your Non-Identified Information may be shared as a part of a larger set of statistics, but that information will not be sufficient to permit the recipient to identify you. For instance, we may provide Non-Identified Information to Outside Contractors regarding the number of unique users who use the Programs, the demographic breakdown of the users of the Programs, or the activities that users of the Programs engage in while using the Programs. The Outside Contractors to which we may provide this information may include potential or actual advertisers, providers of advertising services (including website tracking services), airlines, sponsors, licensees, researchers, and other similar parties.
- Disclosure in Limited Circumstances. Notwithstanding the foregoing, we may also use and disclose Personal Information outside the normal use of the Programs in the following limited circumstances: (i) if we are required to do so by law, (ii) if we have the good faith belief that such action is necessary to conform to applicable laws or comply with legal process served on us (e.g., to comply with a search warrant, subpoena, or court order), (iii) to respond to requests from public or government authorities, (iv) to detect, prevent or otherwise address fraud, security or technical issues, (v) to enforce our terms and conditions, (vi) to prevent a crime or protect national security, or (vii) to protect you or the rights or property of a third party or another user of the Programs.
- Acquisition, Sale, Reorganization, or Bankruptcy of the Business. As we continue to develop the Programs and our businesses, we might acquire other business entities or assets or sell, license, or transfer business entities or assets to third parties. In such transactions, customer information, including Personal Information, generally is one of the assets acquired or transferred. Also, we may transfer information, including your Personal Information, to a third party in the event of a sale, merger, transfer of all or substantially all of our assets, a controlling interest in us is acquired, or in the unlikely event of a bankruptcy, liquidation, or receivership of our business. We will use commercially reasonable efforts to notify you of such transfer, for example via email or by posting notice on our website.
OTHER WEBSITES, LINKS, ADVERTISERS AND INTERNET PROVIDERS.
COOKIES AND AUTOMATIC INFORMATION COLLECTION.
- Pixels. A pixel, tag or web beacon is a small, usually-transparent image or script placed on a web page that allows the operator of that image or script, which may be the operator of the website you visit or a third party, to read or write a Cookie.
INTERNET AND INFORMATION SECURITY ISSUES.
Information collected by the Programs is stored in secure operating environments that are not available to the public. Our employees or Outside Contractors are required by us to maintain and uphold your privacy and security and are aware of our privacy and security policies and/or abide by their own privacy and security policies in order to safeguard your Personal Information. We will also use reasonable efforts to safeguard the confidentiality of your Personal Information. Unfortunately, data transmissions made by means of the Internet cannot be made absolutely secure. Please keep in mind that if you give out Personal Information online, such information may be collected and used by unauthorized third parties. Although we strive to protect your privacy and your Personal Information, WE CANNOT ENSURE OR GUARANTEE THE SECURITY OF ANY INFORMATION YOU PROVIDE TO US. Further, to the extent permitted by applicable law, we will have no liability for disclosure of Personal Information due to errors in transmission or unauthorized acts of third parties.
PROTECTION OF CHILDREN’S PRIVACY RIGHTS.
The Programs are directed toward and designed for use by persons aged thirteen (13) years or older. IF YOU ARE UNDER THE AGE OF THIRTEEN (13), YOU CANNOT USE THE PROGRAMS. Our policy is that we do not knowingly collect, use, or disclose Personal Information about visitors under 13 years of age.
REQUESTS FOR CORRECTIONS, OPT-OUT OR DELETION.
If you have submitted Personal Information by using any of the Programs, or if someone else has submitted your Personal Information, and you would like to review or request changes to that Personal Information, opt-out of receiving communications from us, or to have that Personal Information deleted from our databases, please contact us via e-mail or send a letter to our Privacy Compliance Coordinator at the address indicated below. We will use reasonable efforts to change or remove your Personal Information from our files to the extent that we are not otherwise entitled or required to retain such Personal Information pursuant to document retention policies, other agreements or applicable law.
NOTE that requests to opt-out of receiving communications from us or for deletion of your Personal Information will not result in the deletion of Personal Information such as an email address or phone number that is retained solely as a part of Order Data. In addition, if you submit a written request to opt-out of receiving communications from us or for deletion of your Personal Information, a copy of the request itself may be retained and/or logged pursuant to our record retention policies.
NOTE that privacy related laws in certain jurisdiction may provide you with similar or additional rights related to your Personal Information. The substance of these laws may change over time. The applicability of these laws may also change over time and may depend on a variety of factors such as whether we operate a business delivering products and services in a particular jurisdiction, the number of residents of a particular jurisdiction for which we store Personal Information, and whether we target the residents of a particular jurisdiction in business solicitations. It is the policy of OTG to comply with the terms of this Privacy Notice and all applicable law.
Please send all written request to the following addresses.
- OTG Experience, LLC
- c/o OTG Management
- 352 Park Avenue S, 10th Fl.
- New York, NY 10010
Transparency and Choice. We may use third-party service providers that collect information for interest-based advertising purposes (advertisements that are tailored to your likely interests, based on categories in which you have shown an interest). To learn more about these third parties and the choices they offer users, please visit the Network Advertising Initiative’s choices page at http://www.networkadvertising.org/choices or the Digital Advertising Alliance’s choices page at http://www.aboutads.info/choices. If you are reading this Privacy Notice from a mobile device, you can learn more about the DAA's mobile choices program here or at http://www.aboutads.info/appchoices.
We support the development and implementation of a standard "do not track" browser feature that provides customers with control over the collection and use of information about their web-browsing activities. Once a standardized "do not track" feature is released, we intend to adhere to the browser settings accordingly.
You can opt out of receiving marketing messages in the notification preference section of your account profile, by clicking on the “unsubscribe” link in an e-mail, or by replying to a text message with the word “STOP.” Please note that it may take up to ten (10) business days for an email unsubscribe opt-out request to be processed. Also, even if you opt out of messages, we may continue to send you certain account-related messages, such as notices about your account and confirmations of transactions you have requested.
RESIDENTS OF CANADA.
If you have an objection to the use of your Personal Information as described in this Privacy Notice, you may file a complaint by sending an email to email@example.com. We will attempt to accommodate your objection or complaint, but you understand that, to the extent you object to our processing of Personal Information that is necessary for us to provide the Programs to you, certain features and functionalities of the Programs may no longer be available to you. Nothing in this Privacy Notice prejudices your rights to file a complaint with the Office of the Privacy Commissioner of Canada, and/or with any other applicable data protection authorities.
USE IN THE UNITED STATES AND CANADA.
The Programs are controlled, operated and intended to be used from within the United States and Canada only. We make no representation that the Programs are appropriate for use outside the United States or Canada, or that access to and use of the Programs in accordance with this Privacy Notice complies with the laws of any other jurisdiction. Those who choose to access or interact with the Programs from outside the United States or Canada do so of their own free will and hereby consent to the transfer of their Personal Information to the United States as described in this Privacy Notice.