Off & Away

Privacy Policy

Last Updated: July 19, 2011

This Privacy Policy ("Policy") explains how your personal information is collected, used, and disclosed by Off andAway, Inc. ("Off & Away") with respect to the use of our website, located at www.offandaway.com (the "Site").

We reserve the right to change the provisions of this Policy at any time without express notice. We will alert you to these changes by indicating the date that the Policy was last updated. We encourage you to review this Policy regularly; to check for changes and to make sure that you understand how any personal information you provide will be used.

What Is Personal Information?

As used herein, the term ("Personal Information") means information that specifically identifies an individual; such as a name, address, telephone number, mobile number, email address, or credit card or other account number, or other information about that individual that is directly linked and personally identifiable. Personal information does not include ("Aggregate Information"), which is data we collect about the use of the Site or about a group or category of services or users, from which individual identities or other personal information has been removed. This Policy in no way restricts or limits our collection and use of Aggregate Information.

What Personal and Aggregate Information Do We Collect?

We collect information about you in various ways when you use our Site. We collect certain information you voluntarily provide to us, such as when you create an account, purchase bids or bid packages, apply used bids, make a travel reservation, fill out a form, send us an email, or request information. This information may include personal information, such as your name, email address, contact information and credit card or other billing information.

Personal and demographic information may also be collected if you provide such information in connection with participating in a contest, promotion, or survey on the Site. We also collect information regarding your activity on the Site, such as your bidding history, auctions participated in, auctions won/lost, prices paid, bids used, items purchased and other similar information associated with your account.

When you visit our Site, some information is also automatically collected. For example, we log information such as your Internet Protocol (IP) address, operating system, browser type, address of a referring website, and your activity on the Site. We treat this information as personal information if we combine it with, or link it to, any of the identifying information mentioned above. Otherwise, it is used only in the aggregate.

We may also automatically collect certain information through the use of "cookies" or web beacons. Cookies are small data files stored on your hard drive at the request of a website. Among other things, cookies help us improve our Site and your experience. If we link cookies to any personally identifying information, we will treat this information as personal information. If you wish to block, erase, or be warned of cookies, please refer to your browser manufacturer to learn about these functions. However, if you choose to remove or reject cookies, this could affect certain features or services on our Site. Web beacons are small, invisible graphic images that may be used on the Site or in emails relating to the Site to collect certain information and monitor user activity on the Site.

We may also use third parties to serve ads on the Site. These third parties may place cookies, web beacons or other devices on your computer to collect non-personal information, and information provided by these devices may be used, among other things, to analyze data, to determine the popularity of certain content, to deliver advertising targeted to your interests, and to better understand the usage and visitation of our Site and the other sites tracked by these third parties. This policy does not apply to, and we are not responsible for, cookies or web beacons in third party ads, and we encourage you to check the privacy policies of advertisers and/or ad services to learn about their use of cookies and other technology.

How Do We Use the Personal Information We Collect?

We use Personal Information collected through our Site for the purposes described in this Policy or elsewhere on the Site. For example, we may use personal information we collect:

• to provide the services, products, or information you request, and to process and complete any transactions in connection therewith;
• to request feedback and to otherwise contact you about your use of the Site;
• respond to your emails, submissions, questions, comments, requests, and complaints and provide customer service;
• to monitor and analyze site usage and trends, and to personalize and improve the Site and our users' experiences on the Site, such as providing ads, content, or features that match their profiles or interests, and to increase the Site's functionality and user friendliness
• to send Promotional Communications as described below;
• to provide you with electronic newsletters;
• to provide you with information about our or third party events, activities, offers, promotions, products, and services we think will be of interest to you;
• to notify auction winners;
• to notify you about important changes to our Site; and
• for any other purpose for which the information was collected.

Personal Information provided online may be linked together or merged with other Personal Information so that we may better understand your needs and inform you about our products or services and those of our partners. In addition, if we receive information from third parties with whom we have business relationships, we may combine this information with the other personal information we maintain about you. We may store and process Personal Information in the United States and other countries.

What Personal Information Do We Share With Third Parties?

We will not share the Personal Information we collect from you through this Site with third parties, except as described in this Policy or on the Site. We may share Personal Information as follows:

• with vendors, consultants, and other service providers ("Service Providers") who are engaged by or working with us in connection with the operation of the Site or the services we provide and who need access to such information to carry out their work for us;
• with travel vendors and suppliers, such as hotel, airline, car rental, activity providers, travel agents, and booking and reservations services who fulfill or assist in fulfilling your travel reservations ("Travel Suppliers");
• when you give us your consent to do so, including if we notify you on the Site that the information you provide will be shared in a particular manner and you provide such information
• when we believe in good faith that we are lawfully authorized or required to do so or that doing so is reasonably necessary or appropriate to comply with the law or with legal process or authorities (e.g., a lawful subpoena, warrant, or court order);
• to respond to any claims, or to protect the rights, property, or safety of Off & Away, our users, our employees, copyright owners or the public, including without limitation to protect Off & Away or our users from fraudulent, abusive, inappropriate, or unlawful use of our Site;
• to enforce or apply this Policy, our Terms of Use, or our other policies or agreements; and
• in connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition, or in any other situation where personal information may be disclosed or transferred as one of the business assets of Off & Away.

Aggregate Information Sharing

In addition, we may share any Aggregate Information regarding your activity on the Site, such as your bidding history, auctions participated in, auctions won/lost, prices paid, bids used and other similar information associated with your account. This information may be used for a variety of purposes, including providing other users with information designed to help in the formulation of bidding strategies. Nothing herein restricts the sharing of Aggregate Information of any kind, which may be shared with third parties without your consent.

The Information You Provide

You understand that when you use the Site, your first name and last initial and certain information you post on any forums or other interactive areas of the Site, as well as any information you share with individuals through the Site, will be visible to other users and in some cases may be publicly available. The additional information you provide should correlate with the degree of interaction you wish to have with others on the Site. We recommend you be cautious about giving out personal information to others or sharing personal information in public or private online forums.

Links to Other Websites

Our Site may contain links to other websites, service providers, travel suppliers or other third parties. We are not responsible for the actions of service providers, travel suppliers or other third parties, nor are we responsible for any additional information you provide directly to these parties, and we encourage you to become familiar with their practices before disclosing information directly to them.

Any personal information you provide on the linked pages is provided directly to that third party and is subject to that third party's privacy policy. We are not responsible for the content or privacy and security practices and policies of websites to which we link. Links from our Site to third parties or to other sites are provided for your convenience. We encourage you to learn about their privacy and security practices and policies before providing them with personal information.

What Steps Do We Take To Protect Your Information Online?

Off & Away takes reasonable measures to protect your personal information in an effort to prevent loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware, however, that despite our efforts, no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other type of misuse.

What Choices Do You Have Regarding the Use of Your Information?

We offer you choices regarding the collection, use, and sharing of your Personal Information. By signing up for an Off & Away account, you opt-in to receiving free newsletters and e-mails that directly promote the use of the Site or the purchase of the Services ("Promotional Communications"). We will periodically send you free Promotional Communications. When you receive Promotional Communications from us, you may opt out of receiving further marketing or promotional emails from us by following the unsubscribe instructions in those emails. You may also opt out of such marketing emails by updating your "user preferences" information on the using the Your Account section of this Site, or by emailing customerservice@offandaway.com. If you make a purchase or an attempted purchase on our Site, you will be opted back in to our newsletters and promotional communications until you opt out or unsubscribe once again. If you opt out, we may still send you non-promotional emails, such as emails about your accounts or our ongoing business relations.

How Can You Correct and Update Your Personal Information or Obtain Additional Information?

If you have any questions about this Policy or the practices relating to the Site, or you wish to verify or update your personal information , please contact us by emailing customerservice@offandaway.com. If you would like to delete your account, you may use the "Delete account" function in Your Account section of this Site. We will use commercially reasonable efforts to honor your request, but may retain an archived copy of your records as required by law or for legitimate business purposes. However, please note that even if you delete your account, in some cases, we may believe it is necessary or appropriate to retain certain personal information we have collected, and the deletion of such personal information will be in our sole discretion unless otherwise required by law.