01/03/2023

Privacy Policy

Cherry is a product owned and operated by reZme Pty Ltd in Melbourne, Victoria, Australia. The use of the Cherry products is governed by this Privacy Policy.

Introduction

Cherry (known as, Us, We, Our) is committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we collect, use and manage your Personal Information.

As an Australian registered company we have adopted the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). The NPPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information.

A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at www.aoic.gov.au

We also ensure that we conform and comply with all GDPR and Californian Consumer Privacy Act of 2018 (CCPA) legislation and regulation.

Our data protection officer may be reached at the below address

Matthew Taylor

ReZme Pty Ltd

14/3 Albert Coates Lane

Melbourne, Victoria, Australia, 3000

P. +61 3 8595 6710

Email. privacy@joincherry.com

What is Personal Information and why do we collect it?

Personal Information is information or an opinion that identifies an individual. Examples of Personal Information we collect include: names, addresses, email addresses and phone numbers.

This Personal Information may be obtained in many ways including by telephone, email, via our Sites (https://www.joincherry.com and https://booking.joincherry.com), from our browser extension, via our mobile app, your website, from media and publications, from other publicly available sources, and from third parties.

We don’t guarantee website links or policy of authorised third parties.

We collect your Personal Information for the primary purpose of providing our services to you, providing information to our clients and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by clicking unsubscribe on any Cherry email, clicking unsubscribe in your Cherry user profile or by contacting us at privacy@rezme.com

When we collect Personal Information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.

What information do we collect?

In order to provide our services, Cherry collects information that you share directly with us when you use our website, extension, or mobile app.

Cherry also collects technical information about your device and use of Cherry to make sure that our products are working correctly. The information we collect is geared to providing Cherry users with a better way to book travel experiences and to help us develop, improve, and market our services.

Account and Profile Information.

When you create a registered user account with Cherry, you share a limited amount of information during the registration process, including your name, email address, password and other registration information to personalize your profile.

If you choose to link a social media profile (like Facebook or Google) at sign-in, Cherry will store this information for login purposes. Linking your social media profile grants Cherry access to the profile, but only to the extent allowed by your permission settings, that platform's terms of service, and this Privacy Statement. We will NOT track any of your social media activity or post anything on your behalf.

If you choose to sign up with your Faredrop account, Cherry will store this information for login purposes, but only to the extent allowed by Faredrop’s terms of service, and this Privacy Statement.

As you continue to use Cherry, you might also provide information when you:

· Access a Cherry exclusive deal

· Make a booking via https://booking.joincherry.com

· Communicate with Cherry through email or other means

Technical Information.

Cherry automatically collects information to ensure that our products work correctly on different devices and browsers. This includes data like

· the type of device you're using

· the device's unique ID (where available)

· operating system

· browser type

· IP address

· event stamp

· error logs

This data allows us to make sure Cherry products are working correctly, to make your experience better, to detect and prevent fraud, and to manage our legal obligations. Also, to help us coordinate our communications and marketing campaigns, and to understand how our users engage with our products. We use common digital tools that allow us to see if you opened an email we sent, visited a link in those emails, or generally interacted with Cherry as a result of marketing efforts.

Cherry does not track your search engine history, emails, or your browsing on any site that is not a travel booking website (a site where you can book accommodations, flights, care hire, tours, attractions or cruises). When you are on a pre-approved travel booking site, to help you save money, Cherry will collect information about that site that lets us know which deals to provide you. We may also collect information about pricing of the travel item you are looking to book.

Booking and Usage Data.

On travel sites, Cherry collects the name of the site, the name of the hotel, airline, attraction, car hire or cruise line you are viewing, page views, and in some cases, product information that allows us to track price changes and update our product catalog. We may also collect information regarding your purchases on any travel site while using Cherry (for example, the transaction value, and the fact that an order was completed) for purposes including internal analytics, commission collection, and managing deals. The information you share, and we collect, enables us to improve our products and gives us insights about deals and pricing, which we can share with the rest of the Cherry community. We may also use this information to understand your booking history, merchant and shopping preferences to provide you with a more tailored, relevant experience or show sponsored product offers that may interest you.

Aggregate and Anonymized Data

We may also use the information we collect in aggregate or otherwise anonymized form. This lets us look at interactions with our site and products generally and does not identify you or any specific person. We use this general data for research, development, marketing, analytics, and to enhance the shopping experience for the Cherry community.

How we share your data?

We know how important your personal data is to you, so we will never sell it without your express permission first. We'll only share your personal data with your consent or in ways you'd expect (as we explain here). That means we will share your data if needed to complete your purchase, with businesses who help us operate Cherry, or if we are legally required to do so.

We may share information with our service providers (businesses that work for and with us) for the purpose of running Cherry and fulfilling our commitments to you. These include businesses that perform services on our behalf, including to help us maintain our products, to provide support for legal, banking, security protection, payment processing, our own marketing, and customer service. Please know that when we share information with our service providers, it's for the purposes outlined in this Privacy Statement and not for their independent use.

We may also share information in the following cases:

· with your express consent;

· in an aggregate or anonymized format that does not identify any specific person;

· to third parties approved by you, including social media sites you choose to link your account to or third-party payment providers;

· as required by law, or to comply or respond to a valid government request;

· when we believe in good faith that it's necessary to protect our rights, protect your safety or the safety of others, or investigate fraud; and

· with a buyer or successor if Cherry (owned by ReZme Pty Ltd) is involved in a merger, acquisition, or similar corporate transaction. If that happens, you will be notified via email and/or a prominent notice on the Website of any change in ownership, as well as any choices you will have as a result.

Your Personal Information may also be disclosed to our third party partners, some of whom include.

· We use Amazon Web Services to power our products - you can read more about how Amazon uses your Personal Information here: https://aws.amazon.com/privacy/.

· We use Stripe for e-commerce products including, without limitation, payment processing and subscription management - you can read more about how Stripe uses your Personal Information here: https://stripe.com/privacy.

· We use Xeni to make all transactions and booking payments made on https://booking.joincherry.com

· We use Google Analytics to help us understand how our customers use the Site - you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

· We use the Apple App Store to distribute our mobile application - you can read more about how Apple uses your Personal Information here: https://www.apple.com/legal/privacy/en-ww/.

· We use Google Play to distribute our mobile application - you can read more about how Google uses your Personal Information here: https://policies.google.com/privacy?hl=en-US.

· We use Google Firebase Crashlytics in connection with native applications - you can read more about how Google Firebase uses your Personal Information here: https://firebase.google.com/support/privacy.

· Other third parties we use to help us run our business, such as marketing agencies or website hosts;

We may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

We only allow our service providers to handle your Personal Information if we are satisfied they take appropriate measures to protect your Personal Information. We also impose contractual obligations on service providers relating to ensure they can only use your Personal Information to provide services to us and to you. We may also share Personal Information with external auditors, e.g. in relation to ISO accreditation and the audit of our accounts.

By using our products, you (i) consent to our use of your Personal Information and Order Information as described herein and (ii) consent to the use of your Personal Information and Order Information by the third parties referenced herein.

How we protect your data?

The security of your information is important to us. We have a team dedicated to protecting your information and have put in place physical, electronic, and procedural safeguards.

These measures include limiting access, using encryption, testing for vulnerabilities, advanced malware detection, employing pseudonymization and anonymization techniques, and more.

Though we hate to say it, despite our efforts, we can't guarantee that user information will not be accessed, viewed, disclosed, altered, or destroyed as a result of a breach of any of our safeguards. You provide us with information at your own risk.

Cherry only retains information about you as long as you keep using Cherry, though we’ll keep information if we need it to meet our legal obligations and to defend against legal claims.

How we use cookies and similar technology

We collect Device Information using the following technologies:

“Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
“Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
“Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.

Additionally when you make a purchase or attempt to make a purchase through the Cherry, we collect certain information from you, including your name, billing address, shipping address, email address, phone number and other information you provide to us. We refer to this information as “Order Information.”

Third Parties

Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.

Your choices for managing your data

We've made it easy to opt out of Cherry’s products at any time.

You can always adjust your personal settings regarding what information you share and how Cherry communicates with you by going to your user profile page. Please note that limiting the information you offer to provide may impact Cherry’s ability to provide certain deals and products to you.

If you want to stop using Cherry, you can simply unistall our browser extension and/or mobile app and delete your account If you have any issues you can contact our support team for assistance by sending an email to info@joincherry.com.

If you would like to delete your profile or personal information, you can always ask us by emailing privacy@joincherry.com. We will delete any personal information we have, although the following exceptions apply: (1) we may still store your personal information if we need it to meet our legal or compliance obligations and/or to defend against legal claims; and (2) we may also continue to store your personal data in an aggregated and anonymized format that doesn’t identify you and can’t be attributed to you, even after you’ve deleted your profile.

Additional Rights under GDPR legislation

If you are a European resident, you have the right to access Personal Information we hold about you and to ask that your Personal Information be corrected, updated, or deleted. If you would like to exercise any of the below rights, please contact us through the contact information below.

Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an booking through our Sites), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Australia and the United States.

· Right to Access - The right to be provided with a copy of your Personal Information (the right of access)

· Right to Rectification -The right to require us to correct any mistakes in your Personal Information

· Right to be Forgotten - The right to require us to delete your Personal Information—in certain situations

· Right to Restriction of Processing - The right to require us to restrict processing of your Personal Information—in certain circumstances, e.g. if you contest the accuracy of the data

· Right to Data Portability - The right to receive the Personal Information you provided to us, in a structured, commonly used and machine-readable format and/or transmit that data to a third party—in certain situations

· Right to Object - The right to object: at any time to your Personal Information being processed for direct marketing (including profiling); in certain other situations to our continued processing of your Personal Information, e.g. processing carried out for the purpose of our legitimate interests.

· Right Not to be Subject to Automated - Individual Decision-Making - The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you

For further information on each of those rights, including the circumstances in which they apply, see the guidance from the UK Information Commissioner's Office (ICO) on individual rights under the General Data Protection Regulation.

Your Rights Under the CCPA.

If you are a Californian resident, you have the right under the California Consumer Privacy Act of 2018 (CCPA) and certain other privacy and data protection laws, as applicable, to exercise free of charge:

Disclosure of Personal Information We Collect About You

You have the right to know: The categories of Personal Information we have collected about you; The categories of sources from which the Personal Information is collected; Our business or commercial purpose for collecting or selling Personal Information; The categories of third parties with whom we share Personal Information, if any; and The specific pieces of Personal Information we have collected about you. Please note that we are not required to: Retain any Personal Information about you that was collected for a single one-time transaction if, in the ordinary course of business, that information about you is not retained; Reidentify or otherwise link any data that, in the ordinary course of business, is not maintained in a manner that would be considered Personal Information; or Provide the Personal Information to you more than twice in a 12-month period.

Personal Information Sold or Used for a Business Purpose

In connection with any Personal Information we may sell or disclose to a third party for a business purpose, you have the right to know: The categories of Personal Information about you that we sold and the categories of third parties to whom the Personal Information was sold; and the categories of Personal Information that we disclosed about you for a business purpose. You have the right under the California Consumer Privacy Act of 2018 (CCPA) and certain other privacy and data protection laws, as applicable, to opt-out of the sale or disclosure of your Personal Information. If you exercise your right to opt-out of the sale or disclosure of your Personal Information, we will refrain from selling your Personal Information, unless you subsequently provide express authorization for the sale of your Personal Information. To opt-out of the sale or disclosure of your Personal Information please email privacy@joincherry.com

Right to Deletion

Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will: Delete your Personal Information from our records; and direct any service providers to delete your Personal Information from their records. Please note that we may not delete your Personal Information if it is necessary to: Complete the transaction for which the Personal Information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity; Debug to identify and repair errors that impair existing intended functionality; Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law; Comply with the California Electronic Communications Privacy Act; Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent; Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us; Comply with an existing legal obligation; or Otherwise use your Personal Information, internally, in a lawful manner that is compatible with the context in which you provided the information.

Protection Against Discrimination

You have the right to not be discriminated against by us because you exercised any of your rights under the CCPA. This means we cannot, among other things: Deny goods or services to you; Charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; Provide a different level or quality of goods or services to you; or Suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services. Please note that we may charge a different price or rate or provide a different level or quality of goods and/or services to you, if that difference is reasonably related to the value provided to our business by your Personal Information.

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of Personal Information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared Personal Information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information below.

In addition, under certain data protection laws, you have rights which may also include:

· Your right of access - You have the right to ask us for copies of your Personal Information.

· Your right to rectification - You have the right to ask us to rectify Personal Information you think is inaccurate. You also have the right to ask us to complete information you think is incomplete.

· Your right to erasure - You have the right to ask us to erase your Personal Information in certain circumstances.

· Your right to restriction of processing - You have the right to ask us to restrict the processing of your Personal Information in certain circumstances.

· Your right to object to processing - You have the right to object to the processing of your Personal Information in certain circumstances.

· Your right to data portability - You have the right to ask that we transfer the Personal Information you gave us to another organization, or to you, in certain circumstances.

· You are not required to pay any charge for exercising your rights. If you make a request, we have one month to respond to you. Please contact us through the contact information below.

Minors

We created Cherry for the exclusive use of adults (18 and older). We don't knowingly collect or solicit personal information from children. If you are a child under 18, please do not attempt to use or register for Cherry’s products or send any personal information to us.

How to exercise your rights

If you would like to exercise any of your rights as described in this Privacy Policy, please contact us via email using the contact details provide below

.

Please note that you may only make a CCPA-related data access or data portability disclosure request twice within a 12-month period.

If you choose to contact directly by website/email/phone/in writing, you will need to provide us with:

· Enough information to identify you (e.g., your full name, address and customer or matter reference number));

· Proof of your identity and address (e.g., a copy of your driving license or passport and a recent utility or credit card bill); and

· A description of what right you want to exercise and the information to which your request relates.

We are not obligated to make a data access or data portability disclosure if we cannot verify that the person making the request is the person about whom we collected information, or is someone authorized to act on such person’s behalf.

Any Personal Information we collect from you to verify your identity in connection with you request will be used solely for the purposes of verification.

How to file a GDPR complaint?

We hope that we or our Data Protection Officer can resolve any query or concern you raise about our use of your information.

The General Data Protection Regulation also gives you right to lodge a complaint with a supervisory authority, in the European Union (or European Economic Area) state where you work, normally live, or where any alleged infringement of data protection laws occurred.

Access to your Personal Information

You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing at privacy@joincherry.com

Cherry will not charge any fee for your access request, but may charge an administrative fee for providing a copy of your Personal Information.

In order to protect your Personal Information we may require identification from you before releasing the requested information.

Maintaining the Quality of your Personal Information

It is an important to us that your Personal Information is up to date. We will take reasonable steps to make sure that your Personal Information is accurate, complete and up-to-date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.

Policy Updates

This Policy may change from time to time and is available on our website.

Privacy Policy Complaints and Enquiries

If you have any queries or complaints about our Privacy Policy please contact us at:

Join Cherry

Suite 14, 3 Albert Coates Lane

Melbourne, Vic, 3000

Australia

E. privacy@joincherry.com