Terms of Service
Last updated: 12 July 2022
THANK YOU FOR USING GETTA GUIDE.
Getta Guide is registered in the commercial registry of Lisbon, Portugal.
Getta Guide and the brand Getta Guide are interchangeably hereafter referred as to “Getta Guide”, “Company”, “we”, “us” or “our”.
Getta Guide is registered in the commercial registry of Lisbon, Portugal.
Getta Guide and the brand Getta Guide are interchangeably hereafter referred as to “Getta Guide”, “Company”, “we”, “us” or “our”.
1. ABOUT GETTA GUIDE
Getta Guide is the European business2business2consumer tour search tool dedicated to travel & cultural experiences. The platform contains unique activities and experiences for people, whether tourists, visitors or travelers. The service is accessible via the website and a free mobile app, enabling you to find personalized tours and book one.
The vision of Getta Guide is to connect tourists and tour guides in a seamless, transparent tool to provide personalized travel experiences.
By using the Site, Application or Services, the User agrees to comply with and be legally bound by the Terms of Service ("Terms"), whether or not the User becomes a registered User of the Services. These Terms govern the User’s access to and use of the Site, Application and Services and all Collective Content (defined below) and constitute a binding legal agreement between the User and Getta Guide. Please also read our Privacy Policy, Cancellation Policy and Cookie Policy carefully.
2. DEFINITIONS
We define that:
3. WHO CAN USE GETTA GUIDE? (ELIGIBILITY)
Anyone can browse Getta Guide without registering for an account. But to use some of Getta Guide’s functions, you’ll need to register with your email address and set a password. When you do that, the information you give us has to be accurate and complete. Don’t impersonate anyone else or choose names that are offensive or that violate anyone’s rights. If you don’t follow these rules, we may cancel your account without any notice.
You’re responsible for all the activity on your account, and for keeping your password confidential. If you find out that someone has used your account without your permission, you should report it to hello@guetta.guide.
To sign up for an account or to make a booking request for an experience, you need to be at least 18 years old, or old enough to form a binding contract where you live. If necessary, we may ask you for proof of age. Getta Guide reserves the right to reject access to its Getta Guide platform and its websites such as the blog.
4. COMPLIANCE WITH LOCAL LAWS?
The Users of the Getta Guide platform must comply at all times with all local laws, such as declare income generated on Getta Guide and comply with local tax laws. We reserve our right to request Users to provide proof of paying taxes.
5. YOUR RIGHTS
At any time, you have the following rights:
6. YOUR ACCOUNT
In order to access certain features of the platform, and to book an Experience on the platform or to create an Experience, Users must register to create an account and become an authenticated User.
We require you to provide following minimum amount of data so that you can use the platform:
From Providers:
If you are a Provider, you need to provide us with additional information:
A User may not have more than one (1) Getta Guide Account.
From Guests/Travellers:
If you are a Guest who would like to make a booking request, you need to provide us with additional information:
Your are in charge!
You are fully responsible for safeguarding your password and/or access code and agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under their Getta Guide Account, whether or not you have authorized such activities or actions. Please notify Getta Guide of any unauthorized use of your Getta Guide Account immediately.
Our own right:
Getta Guide reserves the right to suspend or terminate the User’s Getta Guide Account and the User’s access to the platform if the User creates more than one (1) Getta Guide Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Service.
7. WAYS TO LOG IN
We provide various ways to register or sign in the platform. You can log-in with your email or with third-party identity providers including but not limited to Facebook Login and the Google Identity Platform.
8. LOG-IN VIA THIRD PARTY IDENTITY PROVIDER
You agree that Getta Guide may process the data that is provided by the Third Party Identity Provider, however, you remain in the control of the data.
You agree to grant use of all information and data provided by the Third Party Identity Provider ("SNS Content") to Getta Guide without breach by the User of any of the terms and conditions that govern the User’s use of the applicable Third Party Identity Provider and without obligating Getta Guide to pay any fees or making Getta Guide subject to any usage limitations imposed by such third-party service providers.
In the event that you use Third Party Identity Provider, Getta Guide wants to protect itself. Hence, if you use such Third Party Identity Provider, you are allowing Getta Guide access to Content that is covered by intellectual property rights, like photos and videos (IP content), and you specifically give Getta Guide the following permission, subject to the your privacy and application settings:
you grant Getta Guide a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that the User posts on or in connection with Third Party Identity Providers.
Getta Guide may store, access, and use such Content worldwide so that the Content is available through the Site, Services and Application
Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be User Content for all purposes of these Terms. Depending on the Third Party Identity Provider, the Users choose and are subject to the privacy settings that the Users have set in such Third Party Accounts, personally identifiable information that the Users post to their Third Party Accounts may be available on and through the User’s Getta Guide Account on the Site, Services and Application.
If a Third Party Identity Provider becomes unavailable or the Users agree that in case a Third Party Identity Provider Account is terminated by the Third Party Identity Provider, the User will no longer be able to access the Getta Guide Site, Services and Application.
We make no effort to review any Content provided to us via the User’s Third Party Identity Provider for any purpose, including but not limited to accuracy, legality or non-infringement and Getta Guide is not responsible for any Content.
9. HOW WE FINANCE GETTA GUIDE (OUR PLATFORM FEES)
We provide you access to Getta Guide platform free of charge. However, if you are a Guide who creates his own offer on the Getta Guide platform and if you get a booking, we charge 15% service fee on the entire transaction amount.
The service fee can at any time be modified at Getta Guide’s sole discretion. Providers will be notified on any such modification.
10. CURRENCIES
Please note and acknowledge that all experience listings are denominated in the currency EURO in the entire European Union, besides, for example:
11. DONATING YOUR EARNINGS
Some Providers may pledge to donate a portion of the funds they receive from their income generated via the Site, Application and Services to a particular cause or charity. Getta Guide does not take any responsibility or liability for whether the Provider does in fact make the donation he or she pledged to make. In such cases, the Provider in question is responsible for his or her own compliance with all laws and regulations applicable to such pledges and/or fund-raising.
12. PAYMENTS & WITHDRAWALS
Guests pay for experiences with their credit card. The charge is executed within 24 hours after the end of the experience, unless any issue is raised by the Guest or by the Provider. The Guest must present a “Check-in Ticket” (QR code) to the Provider which needs to be scanned for security reasons. Providers are credited their earnings to their Getta Guide balance 24 hours after the end of the Experience. If any issue is raised by any involved user, Getta Guide will mediate its resolution and credits/refunds will be processed no later than 48h after all the parties agree with the solution. If the balance is positive, at any time, the Provider can request a withdrawal to the personal bank account, which has to be provided on the Getta Guide platform. The bank account has to be located in the Single Euro Payments Area. The earnings are paid in the same currency as the listing’s denominated currency. The Provider can request withdraw at any point during the month and withdrawal requests are executed in 7-10 working days.
13. RESPONSIBILITY OF GETTA GUIDE
Getta Guide with its Getta Guide platform is purely a technical counterparty that allows the Guest to request an experience from a Provider.
If the Provider provides a response and the Guest accepts it, a contract is established exclusively between the Providers and the Guest. Getta Guide is not an employer, work agent nor indirect employer. Providers can use the platform any time and are not bound to any work-restrictions from Getta Guide.
Getta Guide is charging its fee to provide the platform interface and to act as a payment collection agent for the limited purpose of accepting payments from the platform’s Guests on behalf of the Providers. This allows the Providers to accept paperless payments.
14. QUALITY OF SERVICE
Getta Guide platform can decide which Providers it accepts on the platform, but Getta Guide has no influence on the content of the experience, as it is purely a technical counterparty and is not part of any transaction between the Guest and the Provider. From time to time, Getta Guide can make reviews of experiences and also ask for verification from Providers.
15. NO ENDORSEMENT
We do not endorse any User or any Experience. The User understands that images are intended only to indicate a photographic representation of the tour at the time the photograph was taken. Verified Images are therefore not an endorsement by Getta Guide of any User or any Experience. Users are required by these Terms to provide accurate information, and although Getta Guide may undertake additional checks and processes designed to help verify or check the identities or backgrounds of Users, Getta Guide does not make any representations about, confirm, or endorse any User or Users’ purported identity or background.
16. THINGS YOU SHOULD DO (USER CONDUCT)
Getta Guide’s vision is to bring people together via shared experiences; hence the platform needs to reflect standards. By using this platform, you agree to:
17. STUFF WE ARE NOT RESPONSIBLE FOR (LIABILITY)
We are not liable for false information provided by any User, nor are we liable for any legal, tax or administrative issues arising on any User’s side.
You agree that to the maximum extent permitted by law, the entire risk arising out of your access and usage of the Getta Guide platform remains with you.
To the fullest extent permitted by applicable law, Getta Guide will not be liable for any incidental, special, exemplary or consequential damages or injury, including lost profits, loss of data, or loss of goodwill, service interruption, computer or mobile device damage or system failure or the cost of substitute products or services, or any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms, from the use of or inability to use the Getta Guide platform, the User’s use of the Experiences or posting of Experience listings, any communication, interactions or meetings with other Users of the Getta Guide platform, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Getta Guide has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
For the avoidance of doubt, Getta Guide acts purely as a technical counterparty between a Guest and a Provider and is under no circumstances liable for any occurrence or incidents that happen between or with the Guest and the Provider before, during or after the Experience takes place.
18. BOOKING CANCELLATION
We understand that certain circumstances can lead to bookings that need to be cancelled by Users. By using Getta Guide’s platform and services, Users agree to the Cancellation and Refund policy.
19. DISCLAIMERS
Users agree to use Getta Guide platform and Getta Guide’s websites such as the blog at their sole risk. It is provided “as is” without any warranty of any kind. The Users are exclusively responsible for all communication and interactions on the Getta Guide experience platform.
Getta Guide does not make any attempt to verify statements of Users and has no obligation to review and experience listings.
Getta Guide does not make any representations or warranties as to the conduct of User or quality and safety of experiences available on the platform.
Notwithstanding Getta Guide’s appointment as the collection agent of the Provider for the limited purpose of accepting payment from Guests on behalf of Provider’s, Getta Guide explicitly disclaims all liability for any act or omission of any User or related to any experience listing.
Users acknowledge and agree that, to the maximum extent permitted by law, Users assume the entire risk arising from the access and the use of Getta Guide platform, the User’s participation in experiences via the Getta Guide platform, and any contact among counterparties whether in person or online.
Getta Guide is not involved in creating, producing or delivering experience listings, and will not be liable for any damages arising out of and in connection with Getta Guide platform or the User’s participation in any experience, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory.
20. ADDITIONAL PROVISIONS FOR BLOG
The blog is an additional website to the Getta Guide platform that provides inspirational content for Users. Getta Guide does not guarantee that the information provided on the blog is to date and correct, also no representations or warranties of any kind, expressed or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the blog or the information, products, services, or related graphics contained on the blog for any purpose.
Any reliance the User’s places on such information is therefore strictly at the User’s own risk.
In no event is Getta Guide liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this the blog. Getta Guide strongly recommends having a backup of photos and written content prior to uploading it onto the blog. Material or comments may be moderated or removed for foul language and commercialized promotional posts. Links to adult content, pages with links to adult content, counterfeit documents or material describing anything against internationally accepted laws will be removed as soon as appropriate.
Fictitious names of companies, products, people, characters, and/or data mentioned on the blog are not intended to represent any real individual, company, product, or event, and are adequately identified.
21. INDEMNIFICATION
The User agrees to release, defend, indemnify, and hold Getta Guide and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with the User’s access to or use of Getta Guide experience platforms, User’s violation of these terms, or User’s listing or booking of any experience.
22. LINKS TO THIRD-PARTY SITES
The Getta Guide platform and Getta Guide’s websites such as the blog may contain hyperlinks to websites operated by parties other than the Getta Guide platform. Such hyperlinks are provided for your reference only.
We have no control over such websites and therefore we are not responsible for their contents or the privacy or other practices of such websites.
Further, you must at all time take precautions to ensure that whatever links you select or software you download (whether from Getta Guide Website or other websites) is free of items such as viruses, worms, Trojan horses, defects and other items of a destructive nature.
Getta Guide’s inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
23. YOU GRANT GETTA GUIDE RIGHTS TO USE MATERIAL
Getta Guide reserves the rights to use the written and visual content that you provide on the Getta Guide platform and on Getta Guide’s website such as the blog for commercial purposes without any territorial constraint. This may include the experience listings, and its details including visual content of the experience listing. For further information on data and the usage, please refer to Getta Guide’s privacy policy.
You also guarantee to hold the right to post any content (photograph, text, etc), in any form on the Getta Guide platform and its websites such as the blog. In case you are not the copyright holder of the content (photograph, text, etc), you must ensure that it is content in the public domain, or that you have permission to use the content.
24. UPDATES TO THESE TERMS
Getta Guide can update these terms at any time without prior notice. If these terms are modified, an email will be circulated to all Users registered on the Getta Guide platform or you will have the chance to accept the new terms the next time you login. By continuing to access or use Getta Guide after Getta Guide has posted a modification or after accepting the new terms, you are indicating that they agree to be bound by the updated terms. If the modified terms are not acceptable to you, you have to stop using Getta Guide and you can request a deletion of your data.
25. INVALIDITY OF A PROVISION & HEADINGS
If any part of this Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in these Terms shall continue in effect.
The descriptive headings of the sections and subsections of this agreement are for convenience only, and do not affect this agreement’s construction or interpretation.
26. GOVERNING LAW
All these Terms are governed by the laws of Portugal. You hereby consent to the exclusive jurisdiction and venue of courts in Portugal and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of Getta Guide platform and its websites, such as the the blog. The User agrees that all claims against Getta Guide or arising from or relating to Getta Guide platform must be heard and resolved in a court of competent subject matter jurisdiction located in Lisbon, Portugal. The use of the Getta Guide platform and its websites, such as the the blog, is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, to this paragraph.
For all inquiries regarding the terms set above, you may reach us during office hours through the following email address: hello@guetta.guide.
Getta Guide is the European business2business2consumer tour search tool dedicated to travel & cultural experiences. The platform contains unique activities and experiences for people, whether tourists, visitors or travelers. The service is accessible via the website and a free mobile app, enabling you to find personalized tours and book one.
The vision of Getta Guide is to connect tourists and tour guides in a seamless, transparent tool to provide personalized travel experiences.
By using the Site, Application or Services, the User agrees to comply with and be legally bound by the Terms of Service ("Terms"), whether or not the User becomes a registered User of the Services. These Terms govern the User’s access to and use of the Site, Application and Services and all Collective Content (defined below) and constitute a binding legal agreement between the User and Getta Guide. Please also read our Privacy Policy, Cancellation Policy and Cookie Policy carefully.
2. DEFINITIONS
We define that:
- any person that offers tours on the Getta Guide experience platform is called “Provider” or “Guide”.
- the experience offered by the Provider is referred to as “Tour” or “Experience”.
- any person who requests or books an experience is called “Guest(s)”.
- if referred to both Provider and Guest or any User of the Getta Guide websites, the terms “User” and “Users”, “you”, “yours” are used.
- the website referred to as “Site” and the mobile application referred to as “Application” or “App” are tools provided by Getta Guide to access the Getta Guide platform also referred to as “platform”.
3. WHO CAN USE GETTA GUIDE? (ELIGIBILITY)
Anyone can browse Getta Guide without registering for an account. But to use some of Getta Guide’s functions, you’ll need to register with your email address and set a password. When you do that, the information you give us has to be accurate and complete. Don’t impersonate anyone else or choose names that are offensive or that violate anyone’s rights. If you don’t follow these rules, we may cancel your account without any notice.
You’re responsible for all the activity on your account, and for keeping your password confidential. If you find out that someone has used your account without your permission, you should report it to hello@guetta.guide.
To sign up for an account or to make a booking request for an experience, you need to be at least 18 years old, or old enough to form a binding contract where you live. If necessary, we may ask you for proof of age. Getta Guide reserves the right to reject access to its Getta Guide platform and its websites such as the blog.
4. COMPLIANCE WITH LOCAL LAWS?
The Users of the Getta Guide platform must comply at all times with all local laws, such as declare income generated on Getta Guide and comply with local tax laws. We reserve our right to request Users to provide proof of paying taxes.
5. YOUR RIGHTS
At any time, you have the following rights:
- Right to be forgotten: You can log-in and request the deletion of your personal data. Please understand that we may be bound to store some of your personal data for legal reasons (eg. earnings history) to comply with laws in the European Union.
- Right to request a copy of data stored in a portable manner: You can also at any time request a copy of the personal data stored which will be delivered in a portable manner. Once a year, it is offered free of charge.
6. YOUR ACCOUNT
In order to access certain features of the platform, and to book an Experience on the platform or to create an Experience, Users must register to create an account and become an authenticated User.
We require you to provide following minimum amount of data so that you can use the platform:
- Your first name
- Your email address
From Providers:
If you are a Provider, you need to provide us with additional information:
- Your address
- Your bank details (the bank details provided must be your own bank details).
- VAT number
- Your phone number
A User may not have more than one (1) Getta Guide Account.
From Guests/Travellers:
If you are a Guest who would like to make a booking request, you need to provide us with additional information:
- Credit card details
Your are in charge!
You are fully responsible for safeguarding your password and/or access code and agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under their Getta Guide Account, whether or not you have authorized such activities or actions. Please notify Getta Guide of any unauthorized use of your Getta Guide Account immediately.
Our own right:
Getta Guide reserves the right to suspend or terminate the User’s Getta Guide Account and the User’s access to the platform if the User creates more than one (1) Getta Guide Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Service.
7. WAYS TO LOG IN
We provide various ways to register or sign in the platform. You can log-in with your email or with third-party identity providers including but not limited to Facebook Login and the Google Identity Platform.
8. LOG-IN VIA THIRD PARTY IDENTITY PROVIDER
You agree that Getta Guide may process the data that is provided by the Third Party Identity Provider, however, you remain in the control of the data.
You agree to grant use of all information and data provided by the Third Party Identity Provider ("SNS Content") to Getta Guide without breach by the User of any of the terms and conditions that govern the User’s use of the applicable Third Party Identity Provider and without obligating Getta Guide to pay any fees or making Getta Guide subject to any usage limitations imposed by such third-party service providers.
In the event that you use Third Party Identity Provider, Getta Guide wants to protect itself. Hence, if you use such Third Party Identity Provider, you are allowing Getta Guide access to Content that is covered by intellectual property rights, like photos and videos (IP content), and you specifically give Getta Guide the following permission, subject to the your privacy and application settings:
you grant Getta Guide a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that the User posts on or in connection with Third Party Identity Providers.
Getta Guide may store, access, and use such Content worldwide so that the Content is available through the Site, Services and Application
Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be User Content for all purposes of these Terms. Depending on the Third Party Identity Provider, the Users choose and are subject to the privacy settings that the Users have set in such Third Party Accounts, personally identifiable information that the Users post to their Third Party Accounts may be available on and through the User’s Getta Guide Account on the Site, Services and Application.
If a Third Party Identity Provider becomes unavailable or the Users agree that in case a Third Party Identity Provider Account is terminated by the Third Party Identity Provider, the User will no longer be able to access the Getta Guide Site, Services and Application.
We make no effort to review any Content provided to us via the User’s Third Party Identity Provider for any purpose, including but not limited to accuracy, legality or non-infringement and Getta Guide is not responsible for any Content.
9. HOW WE FINANCE GETTA GUIDE (OUR PLATFORM FEES)
We provide you access to Getta Guide platform free of charge. However, if you are a Guide who creates his own offer on the Getta Guide platform and if you get a booking, we charge 15% service fee on the entire transaction amount.
The service fee can at any time be modified at Getta Guide’s sole discretion. Providers will be notified on any such modification.
10. CURRENCIES
Please note and acknowledge that all experience listings are denominated in the currency EURO in the entire European Union, besides, for example:
- United Kingdom which has the currency British Pound on the Getta Guide platform
- Switzerland which has the currency Swiss Francs on the Getta Guide platform
- American Dollar in the United States of America
11. DONATING YOUR EARNINGS
Some Providers may pledge to donate a portion of the funds they receive from their income generated via the Site, Application and Services to a particular cause or charity. Getta Guide does not take any responsibility or liability for whether the Provider does in fact make the donation he or she pledged to make. In such cases, the Provider in question is responsible for his or her own compliance with all laws and regulations applicable to such pledges and/or fund-raising.
12. PAYMENTS & WITHDRAWALS
Guests pay for experiences with their credit card. The charge is executed within 24 hours after the end of the experience, unless any issue is raised by the Guest or by the Provider. The Guest must present a “Check-in Ticket” (QR code) to the Provider which needs to be scanned for security reasons. Providers are credited their earnings to their Getta Guide balance 24 hours after the end of the Experience. If any issue is raised by any involved user, Getta Guide will mediate its resolution and credits/refunds will be processed no later than 48h after all the parties agree with the solution. If the balance is positive, at any time, the Provider can request a withdrawal to the personal bank account, which has to be provided on the Getta Guide platform. The bank account has to be located in the Single Euro Payments Area. The earnings are paid in the same currency as the listing’s denominated currency. The Provider can request withdraw at any point during the month and withdrawal requests are executed in 7-10 working days.
13. RESPONSIBILITY OF GETTA GUIDE
Getta Guide with its Getta Guide platform is purely a technical counterparty that allows the Guest to request an experience from a Provider.
If the Provider provides a response and the Guest accepts it, a contract is established exclusively between the Providers and the Guest. Getta Guide is not an employer, work agent nor indirect employer. Providers can use the platform any time and are not bound to any work-restrictions from Getta Guide.
Getta Guide is charging its fee to provide the platform interface and to act as a payment collection agent for the limited purpose of accepting payments from the platform’s Guests on behalf of the Providers. This allows the Providers to accept paperless payments.
14. QUALITY OF SERVICE
Getta Guide platform can decide which Providers it accepts on the platform, but Getta Guide has no influence on the content of the experience, as it is purely a technical counterparty and is not part of any transaction between the Guest and the Provider. From time to time, Getta Guide can make reviews of experiences and also ask for verification from Providers.
15. NO ENDORSEMENT
We do not endorse any User or any Experience. The User understands that images are intended only to indicate a photographic representation of the tour at the time the photograph was taken. Verified Images are therefore not an endorsement by Getta Guide of any User or any Experience. Users are required by these Terms to provide accurate information, and although Getta Guide may undertake additional checks and processes designed to help verify or check the identities or backgrounds of Users, Getta Guide does not make any representations about, confirm, or endorse any User or Users’ purported identity or background.
16. THINGS YOU SHOULD DO (USER CONDUCT)
Getta Guide’s vision is to bring people together via shared experiences; hence the platform needs to reflect standards. By using this platform, you agree to:
- always provide accurate information to Users.
- refrain from self-promotion on the Provider’s public profile page i.e. link to blog/website/Instagram etc.
- fully educate and inform each other about anything Users may need to know to safely participate in Experiences.
- not violate any local, state, provincial, national, or other law or regulation, or any order of a court.
- not violate or infringe anyone’s else’s rights or otherwise cause harm to anyone.
- not breach any agreement Users may have with any third party.
- refrains from insults and/or exposure of personal information
- not make derogatory comments or demean another person’s race, ethnicity, nationality, gender, religion, sexual orientation, or other status
- not upload pictures containing alcohol, tobacco, drugs, weapons, erotic or sexually explicit content, and religious content. Do not use picture that show, encourage, refer to, or make the apology of hatred, violence, or unlawful behaviors. Also make sure you own the right to publish the picture, that it does not disclose anyone else private information, or do not represent someone else (impersonation)
- last but not least, do not advertise, promote, or mention third party content or services.
17. STUFF WE ARE NOT RESPONSIBLE FOR (LIABILITY)
We are not liable for false information provided by any User, nor are we liable for any legal, tax or administrative issues arising on any User’s side.
You agree that to the maximum extent permitted by law, the entire risk arising out of your access and usage of the Getta Guide platform remains with you.
To the fullest extent permitted by applicable law, Getta Guide will not be liable for any incidental, special, exemplary or consequential damages or injury, including lost profits, loss of data, or loss of goodwill, service interruption, computer or mobile device damage or system failure or the cost of substitute products or services, or any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms, from the use of or inability to use the Getta Guide platform, the User’s use of the Experiences or posting of Experience listings, any communication, interactions or meetings with other Users of the Getta Guide platform, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Getta Guide has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
For the avoidance of doubt, Getta Guide acts purely as a technical counterparty between a Guest and a Provider and is under no circumstances liable for any occurrence or incidents that happen between or with the Guest and the Provider before, during or after the Experience takes place.
18. BOOKING CANCELLATION
We understand that certain circumstances can lead to bookings that need to be cancelled by Users. By using Getta Guide’s platform and services, Users agree to the Cancellation and Refund policy.
19. DISCLAIMERS
Users agree to use Getta Guide platform and Getta Guide’s websites such as the blog at their sole risk. It is provided “as is” without any warranty of any kind. The Users are exclusively responsible for all communication and interactions on the Getta Guide experience platform.
Getta Guide does not make any attempt to verify statements of Users and has no obligation to review and experience listings.
Getta Guide does not make any representations or warranties as to the conduct of User or quality and safety of experiences available on the platform.
Notwithstanding Getta Guide’s appointment as the collection agent of the Provider for the limited purpose of accepting payment from Guests on behalf of Provider’s, Getta Guide explicitly disclaims all liability for any act or omission of any User or related to any experience listing.
Users acknowledge and agree that, to the maximum extent permitted by law, Users assume the entire risk arising from the access and the use of Getta Guide platform, the User’s participation in experiences via the Getta Guide platform, and any contact among counterparties whether in person or online.
Getta Guide is not involved in creating, producing or delivering experience listings, and will not be liable for any damages arising out of and in connection with Getta Guide platform or the User’s participation in any experience, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory.
20. ADDITIONAL PROVISIONS FOR BLOG
The blog is an additional website to the Getta Guide platform that provides inspirational content for Users. Getta Guide does not guarantee that the information provided on the blog is to date and correct, also no representations or warranties of any kind, expressed or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the blog or the information, products, services, or related graphics contained on the blog for any purpose.
Any reliance the User’s places on such information is therefore strictly at the User’s own risk.
In no event is Getta Guide liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this the blog. Getta Guide strongly recommends having a backup of photos and written content prior to uploading it onto the blog. Material or comments may be moderated or removed for foul language and commercialized promotional posts. Links to adult content, pages with links to adult content, counterfeit documents or material describing anything against internationally accepted laws will be removed as soon as appropriate.
Fictitious names of companies, products, people, characters, and/or data mentioned on the blog are not intended to represent any real individual, company, product, or event, and are adequately identified.
21. INDEMNIFICATION
The User agrees to release, defend, indemnify, and hold Getta Guide and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with the User’s access to or use of Getta Guide experience platforms, User’s violation of these terms, or User’s listing or booking of any experience.
22. LINKS TO THIRD-PARTY SITES
The Getta Guide platform and Getta Guide’s websites such as the blog may contain hyperlinks to websites operated by parties other than the Getta Guide platform. Such hyperlinks are provided for your reference only.
We have no control over such websites and therefore we are not responsible for their contents or the privacy or other practices of such websites.
Further, you must at all time take precautions to ensure that whatever links you select or software you download (whether from Getta Guide Website or other websites) is free of items such as viruses, worms, Trojan horses, defects and other items of a destructive nature.
Getta Guide’s inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
23. YOU GRANT GETTA GUIDE RIGHTS TO USE MATERIAL
Getta Guide reserves the rights to use the written and visual content that you provide on the Getta Guide platform and on Getta Guide’s website such as the blog for commercial purposes without any territorial constraint. This may include the experience listings, and its details including visual content of the experience listing. For further information on data and the usage, please refer to Getta Guide’s privacy policy.
You also guarantee to hold the right to post any content (photograph, text, etc), in any form on the Getta Guide platform and its websites such as the blog. In case you are not the copyright holder of the content (photograph, text, etc), you must ensure that it is content in the public domain, or that you have permission to use the content.
24. UPDATES TO THESE TERMS
Getta Guide can update these terms at any time without prior notice. If these terms are modified, an email will be circulated to all Users registered on the Getta Guide platform or you will have the chance to accept the new terms the next time you login. By continuing to access or use Getta Guide after Getta Guide has posted a modification or after accepting the new terms, you are indicating that they agree to be bound by the updated terms. If the modified terms are not acceptable to you, you have to stop using Getta Guide and you can request a deletion of your data.
25. INVALIDITY OF A PROVISION & HEADINGS
If any part of this Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in these Terms shall continue in effect.
The descriptive headings of the sections and subsections of this agreement are for convenience only, and do not affect this agreement’s construction or interpretation.
26. GOVERNING LAW
All these Terms are governed by the laws of Portugal. You hereby consent to the exclusive jurisdiction and venue of courts in Portugal and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of Getta Guide platform and its websites, such as the the blog. The User agrees that all claims against Getta Guide or arising from or relating to Getta Guide platform must be heard and resolved in a court of competent subject matter jurisdiction located in Lisbon, Portugal. The use of the Getta Guide platform and its websites, such as the the blog, is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, to this paragraph.
For all inquiries regarding the terms set above, you may reach us during office hours through the following email address: hello@guetta.guide.
Cancellation & Refund Policy
Last updated: 30 October 2021
FOR TRAVELLERS
If you want to make any changes to the Tour, you should contact the guide through the in-app chat. All changes are managed exclusively between the user and the provider and subjected to acceptance by the Provider. We strongly advise that, in case the changes imply a different amount to the charged, the user to cancel the tour and ask for a new one. You can cancel your Tour by clicking CANCEL on the tour listing in the app. You may also get in touch with the guide through the in-app chat and get to an agreement with the guide for him/her to cancel the tour. Getta Guide will not proceed with cancelations at your request.
You can cancel your Tour once the provider has accepted your request. However, to be fully refunded you need to cancel your Tour no later than 3 days (in the timezone of the Provider) before the Tour. Important: The refunded amount may be deducted by any non-recoverable upfront expenses made by the Provider during the preparation of the Tour.
To receive a full refund you need to cancel the Tour no later than 3 days (in the timezone of the Provider) before the Tour. If you cancel the Tour less than 3 days you are not eligible for a refund. In the case that the Provider has already made non-recoverable upfront costs, such as tickets or transportation costs, in preparation for the Tour, upon providing proof of payment, the Guest is obliged to reimburse the Provider. Therefore, the refund amount is to be deducted by such non-recoverable upfront costs. If you cancel your Tour less than 3 days you are not eligible for a refund.
FOR PROVIDERS
You can cancel your Tour by clicking CANCEL on the tour listing in the app. In the case that the Guest has already made non-recoverable upfront costs, such as tickets or transportation costs, in preparation for the Tour, upon providing proof of payment, the Provider is obliged to reimburse the Guest.
Also, if you cancel the Tour less than 3 days, Getta Guide may be eligible to retain a fee to cover for cancelation costs.
FORCE MAJEURE CLAUSE
This clause applies in the case that the Tour needs to be cancelled or amended due to unforeseeable and/or external circumstances (i.e. earthquake, strike). If the time or date of the Tour has to be changed the Provider must make the necessary arrangements directly with the Guest(s) and then inform us at hello@getta.guide. If there is no alternative to the Tour being cancelled the transaction will be annulled and no payment will be taken. Getta Guide reserves the right to determine when there is no alternative to cancelling a Tour.
Getta Guide reserves the right to determine when this clauses apply.
If you want to make any changes to the Tour, you should contact the guide through the in-app chat. All changes are managed exclusively between the user and the provider and subjected to acceptance by the Provider. We strongly advise that, in case the changes imply a different amount to the charged, the user to cancel the tour and ask for a new one. You can cancel your Tour by clicking CANCEL on the tour listing in the app. You may also get in touch with the guide through the in-app chat and get to an agreement with the guide for him/her to cancel the tour. Getta Guide will not proceed with cancelations at your request.
You can cancel your Tour once the provider has accepted your request. However, to be fully refunded you need to cancel your Tour no later than 3 days (in the timezone of the Provider) before the Tour. Important: The refunded amount may be deducted by any non-recoverable upfront expenses made by the Provider during the preparation of the Tour.
To receive a full refund you need to cancel the Tour no later than 3 days (in the timezone of the Provider) before the Tour. If you cancel the Tour less than 3 days you are not eligible for a refund. In the case that the Provider has already made non-recoverable upfront costs, such as tickets or transportation costs, in preparation for the Tour, upon providing proof of payment, the Guest is obliged to reimburse the Provider. Therefore, the refund amount is to be deducted by such non-recoverable upfront costs. If you cancel your Tour less than 3 days you are not eligible for a refund.
FOR PROVIDERS
You can cancel your Tour by clicking CANCEL on the tour listing in the app. In the case that the Guest has already made non-recoverable upfront costs, such as tickets or transportation costs, in preparation for the Tour, upon providing proof of payment, the Provider is obliged to reimburse the Guest.
Also, if you cancel the Tour less than 3 days, Getta Guide may be eligible to retain a fee to cover for cancelation costs.
FORCE MAJEURE CLAUSE
This clause applies in the case that the Tour needs to be cancelled or amended due to unforeseeable and/or external circumstances (i.e. earthquake, strike). If the time or date of the Tour has to be changed the Provider must make the necessary arrangements directly with the Guest(s) and then inform us at hello@getta.guide. If there is no alternative to the Tour being cancelled the transaction will be annulled and no payment will be taken. Getta Guide reserves the right to determine when there is no alternative to cancelling a Tour.
Getta Guide reserves the right to determine when this clauses apply.
Privacy Policy
Last updated: 30 October 202
Thank you for using Getta Guide. Please note this updated Policy gives you more control over your information and explains more clearly how we use it.
Our core commitments regarding your privacy haven’t changed, including that Getta Guide never sells your data and that your data remains your private and personal information.
Getta Guide and the brand Getta Guide are interchangeably hereafter referred as to “Getta Guide”, “Company”, “we”, “us” or “our”.
1. ABOUT GETTA GUIDE
Getta Guide is the European business2businsess2consumer tour search tool dedicated to travel & cultural experiences. The platform contains unique activities and experiences for people, whether tourists, visitors or travelers. The service is accessible via the website and a free mobile app, enabling you to find personalized tours and book one.
The vision of Getta Guide is to connect tourists and tour guides in a seamless, transparent tool to provide personalized travel experiences.
2. DEFINITIONS
We define that:
3. HOW THIS POLICY APPLIES
Our Privacy Policy is intended to inform you about how we treat Personal Information that we receive about you. By using the Services offered by Getta Guide, you’re acknowledging you have agreed to our Terms of Service and that you have read and understood this Privacy Policy, our Cookie Policy and Cancellation Policy.
4. WHAT DATA WE GATHER
We receive, store and process information, including Personal Information, that you make available to us when accessing or using our Platform and Services. Examples include when you:
We also receive, store and process information, possibly including Personal Information, when you access or use Getta Guide, including but not limited to:
5. HOW WE USE THIS INFORMATION
We use, store and process information about the User for the following general purposes:
We’ll also send you service-related announcements when it’s necessary to do so.
6. WHAT WE DO WITH USERS’ COMMUNICATION
We may, either directly or through Third-Parties that engage to provide services to us, review, scan, or analyze the User’s communications with other users exchanged via the platform for fraud prevention, risk assessment, regulatory compliance, investigation, product development, research and customer support purposes.
For example, as part of our fraud prevention efforts, the platform may scan and analyze messages to mask contact information and references to other websites. This helps to prevent fraudulent actors from asking Guests to send them money outside of the Getta Guide platform, such as by bank transfer or other money transfer methods.
We may also scan, review or analyze messages for research and product development purposes to help make search, booking and user communications more efficient and effective, as well as to debug, improve and expand product offerings.
We will use automated methods to carry out these reviews or analyses where reasonably possible. However, from time to time we may have to manually review some communications. By using the platform, the User consent that Getta Guide, in its sole discretion, may, either directly or through Third-Parties review, scan, analyze, and store the User’s communications, whether done manually or through automated means.
7. HOW INFORMATION IS SHARED
7.1 INFORMATION THAT’S SHARED PUBLICLY
When you create an account and it is validated by Getta Guide, following information may be shared in your public profile:
7.2 INFORMATION THAT ISN’T SHARED PUBLICLY
The following data will not be publicly displayed or revealed to other Users:
7.3 INFORMATION THAT’S SHARED WITH TRUSTED THIRD-PARTY SERVICES
We may share your information with certain trusted third-party services to help us provide, improve, promote, or protect Getta Guide’s Services (like when we partner with payment processors, or use services that help us manage our ads on other sites).
When we share data with third-party services that support our delivery of the Getta Guide, we require that they use your information only for the purposes we’ve authorized, and that they protect your personal information at least to the same standards we do. We may also share information that’s aggregated and anonymized in a way that it doesn’t directly identify you.
We make use of following third-party services that act on our behalf:
7.4 INFORMATION THAT’S SHARED AMONG A GUESTS AND A PROVIDER
When you make or receive a booking, the platform automatically shares
When a Provider accepts the Guest’s request to book a Tour, the Provider may elect to use Third-Party services available through the Getta Guide to assist with managing the Experience, such as concierge services and transportation providers. The Provider may use features on the Getta Guide platform to share information about the Guest with that Third-Party service provider for the purposes of coordinating the Experience or managing the Experience.
Further, we may also engage third parties that may be located outside of the European Union to provide services to us, including but not limited to technology services and services to help verify the User’s identification, to conduct checks against databases such as but not limited to public government databases (where legally allowed), to otherwise assist us with fraud prevention and risk assessment, to assist us with customer service, to serve targeted ads, and to facilitate the payments or reimbursements the User requests.
We may provide Personal Information about the User to these Third Parties, or give them access to this Personal Information, for the limited purpose of allowing them to provide these services to Getta Guide. For example, if we hire third parties, where permitted by applicable law, to conduct checks against databases such as but not limited to public government databases, we may provide the User’s Personal Information, such as the User’s full name and date of birth, to the third parties for the limited purpose of allowing them to conduct such checks, including background or registered sex offender checks, on our behalf. We ensure that such third parties have contractual obligations to protect this Personal Information and to not use it for unrelated purposes.
7.5 INFORMATION THAT’S SHARED TO GENERATE BOOKING REQUESTS
7.6 GETTA GUIDE WORKS WITH PARTNERS AND SHARES YOUR PUBLIC DATA
We may distribute parts of the Platform (including the Provider’s Experience listing) for display on sites operated by Getta Guide’s business partners and affiliates, using technologies such as HTML widgets. If and when experience listings are displayed on a partner’s site, information from the User’s public profile page may also be displayed.
In order to fulfill our contract with you, Getta Guide may provide your Personal Information to its Affiliates, and their employees, to use and process the User’s Personal Information in the same way and to the same extent that we are permitted to under this Privacy Policy. These related entities comply with the same obligations that we have to protect the User’s Personal Information under this Privacy Policy.
7.7 INFORMATION THAT’S SHARED TO PROTECT GETTA GUIDE AND COMPLY WITH THE LAW
We do reserve the right to disclose personal information when we believe that doing so is reasonably necessary to comply with the law or law enforcement, to prevent fraud or abuse, or to protect Getta Guide’s legal rights, property, or the safety of Getta Guide, its employees, users, or others.
7.8 LINKS TO OTHER WEBSITES AND SERVICES
Our Site may include links to other websites or services whose privacy practices may differ from Getta Guide. When you use a link to an external site or service, the privacy policy and data processing disclosures for that site or service governs. We do not have any control over third-party websites. These other websites may place their own cookies, web beacons or other files on the User’s device, or collect and solicit Personal Information from the User.
Some portions of our Platform implement Google Maps/Earth mapping services, including Google Maps API(s). The User’s use of Google Maps/Earth is subject to Google’s terms of use (located at www.google.com/intl/en_us/help/terms_maps.html) and Google’s privacy policy (located at www.google.com/privacy.html), as may be amended by Google from time to time.
8. RETENTION
We will retain your information as long as your account is active, as necessary to provide you with the Services or as otherwise set forth in this Policy. Our servers are located in the European Union. We will also retain and use this information as necessary for the purposes set out in this Policy and to the extent necessary to comply with our legal obligations, resolve disputes, enforce our agreements, and protect Getta Guide’s legal rights.
We also collect and maintain aggregated, anonymized or pseudonymized information which we may retain indefinitely to protect the safety and security of our Site, improve our Services or comply with legal obligations. Some of the third-party service providers are located outside of the European Union. We may there have to transfer some of your data to data processors with the purpose to deliver our contractual obligations.
After it is no longer necessary for us to retain your personal information, we will dispose of it in a secure manner according to our data retention and deletion policies.
9. DATA TRANSFERS
Because Getta Guide is a EU-based company, your information will be collected and processed the European Union.
10. YOUR RIGHTS
10.1 MANAGING YOUR INFORMATION
If you reside in certain countries, including the EU, you are afforded certain rights regarding your personal information. Except where an exception or exemption applies, these rights include the ability to access, correct, and request deletion of your personal information. While these rights are not applicable globally, all Getta Guide users can manage their personal information, as further described below, in their account profile.
10.2 RECTIFICATION OF INACCURATE OR INCOMPLETE INFORMATION
You have the right to ask us to correct inaccurate or incomplete personal information concerning you (and which you cannot update yourself within your Getta Guide Account).
10.3 DATA ACCESS AND PORTABILITY
You can request a downloadable copy of your personal data that you have provided to us in a structured, commonly used, and machine-readable format and/or request us to transmit this information to another service provider (where technically feasible) by sending us an email to hello@getta.guide.
Please note that we may ask you to verify your identity before taking further action on your request.
10.4 DATA RETENTION AND ERASURE
We generally retain your personal information for as long as is necessary for the performance of the contract between you and us and to comply with our legal obligations.
To modify or delete the personal information you’ve provided to us, please log in and update your profile. You may also delete your account from your account profile page. We may retain certain information as required by law or as necessary for our legitimate business purposes. Please note that if you request the deletion of your personal information:
10.5 WITHDRAWING CONSENT AND RESTRICTION OF PROCESSING
Where you have provided your consent to the processing of your personal information by Getta Guide you may withdraw your consent (eg. opting out from email marketing campaigns after providing initial consent) at any time by sending an email to hello@getta.guide specifying which consent you are withdrawing. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal. Additionally, in some jurisdictions, applicable law may give you the right to limit the ways in which we use your personal information, in particular where (i) you contest the accuracy of your personal information; (ii) the processing is unlawful and you oppose the erasure of your personal information; (iii) we no longer need your personal information for the purposes of the processing, but you require the information for the establishment, exercise or defense of legal claims; or (iv) you have objected to the processing pursuant to Section 10.6 and pending the verification whether the legitimate grounds of Getta Guide override your own.
10.6 OBJECTION TO PROCESSING
In some jurisdictions, applicable law may entitle you to require Getta Guide not to process your personal information for certain specific purposes (including profiling) where such processing is based on legitimate interest. If you object to such processing Getta Guide will no longer process your personal information for these purposes unless we can demonstrate compelling legitimate grounds for such processing or such processing is required for the establishment, exercise or defense of legal claims.
10.7 OTHER INFORMATION
The User acknowledges, consent and agree that Getta Guide may access, preserve and disclose the User’s account information and Collective Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary (a) to respond to claims asserted against Getta Guide; (b) to comply with legal process (for example, subpoenas and warrants); (c) to enforce and administer our agreements with users; (d) for fraud prevention, risk assessment, investigation, customer support, product development and debugging purposes; or (e) to protect the rights, property or personal safety of Getta Guide, its users or members of the public.
We will use commercially reasonable efforts to notify users about law enforcement requests for their data unless:
11. SECURITY, DATA PROTECTION OFFICER & DATA PROTECTION AUTHORITY
We take security seriously, and the security of your personal data is important to us. We follow industry-standard practices to protect the data we collect and maintain. No method of transmission over the internet or electronic storage is completely secure, so Getta Guide cannot guarantee its absolute security. Your account information is protected by a password, which you should choose carefully and keep secure.
We have a Security Incident Task Force (SITF) and protocol in place in the event of a data breach. We encourage the responsible disclosure of vulnerabilities of our Services by emailing hello@getta.guide, and we will invite valid disclosures to our bug bounty program.
You have the right to lodge complaints about the data processing activities carried out by Getta Guide.
11.1 DATA PROTECTION OFFICER
To contact our Data Protection Officer, please email: hello@getta.guide.
11.2 DATA PROTECTION AUTHORITY
Subject to applicable law, if you are a citizen or resident of the European Union, you also have the right to (i) object to Getta Guide’s use of your personal information and (ii) lodge a complaint with your Provider data protection authority or the Commissioner’s Office, which is Getta Guide’s lead supervisory authority in the European Union.
12. CHILDREN
People under 18 (or the legal age in your jurisdiction) are not permitted to use Getta Guide on their own. Getta Guide does not knowingly collect any personal information from children under the age of 13 and people under 18 are not permitted to register for an account or use our Services. If you believe that a child has provided us with personal information, please contact us at hello@getta.guide. If we become aware that a child under age 13 has provided us with personally identifiable information, we’ll delete the User.
13. BUSINESS TRANSFERS BY GETTA GUIDE
If Getta Guide undertakes or is involved in any merger, acquisition, reorganization, sale of assets or bankruptcy or insolvency event, then we may sell, transfer or share some or all of our assets, including the User’s Personal Information. In this event, we will notify the User before the User’s Personal Information is transferred and becomes subject to a different privacy policy.
14. CHANGES TO PRIVACY POLICY
We may change this Privacy Policy at any time at our sole discretion. If we make material changes to the Privacy Policy, we will notify the User either by posting the changed Privacy Policy on the platform or by sending an email to the User. We will also update the “Last Updated” date at the top of this Privacy Policy. If we let the User know of changes through an email communication, then the date on which we send the email will be deemed to be the date of the User receipt of that email. It’s important that the User reviews the changed Privacy Policy. If the User does not wish to agree to the changed Privacy Policy, then you have the right to have your account deleted and stop using Getta Guide.
GOT FEEDBACK?
Your opinion matters to us! If you’d like to provide feedback to us about this Privacy Policy, please email us at hello@getta.guide!
Our core commitments regarding your privacy haven’t changed, including that Getta Guide never sells your data and that your data remains your private and personal information.
Getta Guide and the brand Getta Guide are interchangeably hereafter referred as to “Getta Guide”, “Company”, “we”, “us” or “our”.
1. ABOUT GETTA GUIDE
Getta Guide is the European business2businsess2consumer tour search tool dedicated to travel & cultural experiences. The platform contains unique activities and experiences for people, whether tourists, visitors or travelers. The service is accessible via the website and a free mobile app, enabling you to find personalized tours and book one.
The vision of Getta Guide is to connect tourists and tour guides in a seamless, transparent tool to provide personalized travel experiences.
2. DEFINITIONS
We define that:
- any person that offers experiences on the Getta Guide experience marketplace is called “Provider” or “Guide”.
- the experience offered by the Provider is referred to as “Tour” or “Experience”.
- any person who requests or books an experience is called “Guest(s)”.
- if referred to both Provider and Guest or any User of the Getta Guide website/app, the terms “User” and “Users”, “you”, “yours” are used.
- the website referred to as “Site” and the mobile application referred to as “Application” are tools provided by Getta Guide to access the Getta Guide search engine also referred to as “platform”.
- information (which may include sensitive information) relating to a living individual who is or can be identified either from that information or from that information in conjunction with other information is called “Personal Information”.
3. HOW THIS POLICY APPLIES
Our Privacy Policy is intended to inform you about how we treat Personal Information that we receive about you. By using the Services offered by Getta Guide, you’re acknowledging you have agreed to our Terms of Service and that you have read and understood this Privacy Policy, our Cookie Policy and Cancellation Policy.
4. WHAT DATA WE GATHER
We receive, store and process information, including Personal Information, that you make available to us when accessing or using our Platform and Services. Examples include when you:
- fill in any form on Getta Guide platform, such as when you register or update the details of your account, or when you supply verification to us
- access or use Getta Guide, such as to search for or post Experiences, make or accept bookings, pay for Experiences, book or pay for any associated, post comments or reviews, or communicate with other Users
- link your account of a Third-Party site (e.g. Facebook) to your Getta Guide Account, in which case we will obtain the Personal Information that the User has provided to the Third-Party site, to the extent allowed by the User’s settings with the Third-Party site and authorized by the User. Please note that Getta Guide never posts anything on your social media accounts
- communicate with Getta Guide and share information with another User
- information we get from the User’s use of Getta Guide
- as a Guest that wants to make a booking, your credit card details are safely processed and stores with a third party service provider. Getta Guide does not store your credit card details in our system apart from the last four digits of your credit card or bank account (as applicable), expiration date, and country, which we require for tax, government regulatory, and security purposes.
We also receive, store and process information, possibly including Personal Information, when you access or use Getta Guide, including but not limited to:
- MOBILE DATA: when you use certain features of Getta Guide, in particular our mobile applications we may receive, store and process different types of information about your location, including general information (e.g. IP address, zip code) and more specific information (e.g. GPS-based functionality on mobile devices used to access Getta Guide or specific features of the platform). If you access Getta Guide platform through a mobile device and you do not want your device to provide us with location-tracking information, you can disable the GPS or other location-tracking functions on your own. Please see your device manufacturer’s instructions for further details.
- LOG DATA: we may also receive, store and process Log Data, which is information that is automatically recorded by our servers whenever you access or use the Platform, regardless of whether you are registered with Getta Guide or logged in to your Getta Guide Account, such as your IP Address, the date and time you access or use Getta Guide, the hardware and software you are using, referring and exit pages and URLs, the number of clicks, device event information, pages viewed and the order of those pages, and the amount of time spent on particular pages.
- COOKIES AND OTHER TRACKING TECHNOLOGIES: we use cookies and other similar technologies, such as mobile application and other device identifiers, on Getta Guide platform. We may also allow our business partners to use their cookies and other tracking technologies through Getta Guide. As a result, when you access or use Getta Guide platform, you provide or make available certain information to us and to our business partners. We may track your behavior on Getta Guide for purposes of our own customer support, analytics, research, product development, fraud prevention, risk assessment, regulatory compliance, investigation, as well as to enable the User to use and access Getta Guide. For the full policy please visit COOKIE & OTHER TECHNOLOGIES POLICY.
5. HOW WE USE THIS INFORMATION
We use, store and process information about the User for the following general purposes:
- to perform the contract, we have with you: In certain circumstances, we need your personal data to comply with our contractual obligation to deliver the Services, enable Providers to offer experiences and enable Guest(s) to book experiences.
- to enable you accessing and using the Platform;
- to keep your account secure and protect our Services (including to verify the identities of Users and prevent fraud and abuse);
- to enable you to communicate with other Users, including but not limited to by sending them messages or other information during the booking process;
- to create and administer your account, contact you, and customize your experience on Getta Guide (for example, to show you experiences that we think may interest you based on your previous use); and
- to track and analyze your use of the Services so that we can improve and optimize the platform and provide you with the best possible experience on our platform.
- to send you relevant support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by the User;
- to comply with our legal obligations, resolve any disputes that we may have with any of our Users, and enforce our agreements with Third Parties. Also, for example, tax laws require us to retain records of booking transaction histories.
- to prevent fraud and abuse and to keep the platform secure, for example, we use identity, device, and location information.
- subject to your right to opt-in for marketing communications, we will send you promotional communications about our Services.
- as we have legitimate interests: This is a technical term in data protection law which essentially means we have a good and fair reason to use your data and we do so in ways which do not hurt your interests and rights. We sometimes require your data to pursue our legitimate interests in a way that might reasonably be expected as part of running our business and that does not materially impact your rights, freedom or interests.
- to analyze how users interact with our Site so we can understand better what elements of the design are working well and which are not working so well. This allows us to improve and develop the quality of the online experience we offer to all Users in the worldwide web.
We’ll also send you service-related announcements when it’s necessary to do so.
6. WHAT WE DO WITH USERS’ COMMUNICATION
We may, either directly or through Third-Parties that engage to provide services to us, review, scan, or analyze the User’s communications with other users exchanged via the platform for fraud prevention, risk assessment, regulatory compliance, investigation, product development, research and customer support purposes.
For example, as part of our fraud prevention efforts, the platform may scan and analyze messages to mask contact information and references to other websites. This helps to prevent fraudulent actors from asking Guests to send them money outside of the Getta Guide platform, such as by bank transfer or other money transfer methods.
We may also scan, review or analyze messages for research and product development purposes to help make search, booking and user communications more efficient and effective, as well as to debug, improve and expand product offerings.
We will use automated methods to carry out these reviews or analyses where reasonably possible. However, from time to time we may have to manually review some communications. By using the platform, the User consent that Getta Guide, in its sole discretion, may, either directly or through Third-Parties review, scan, analyze, and store the User’s communications, whether done manually or through automated means.
7. HOW INFORMATION IS SHARED
7.1 INFORMATION THAT’S SHARED PUBLICLY
When you create an account and it is validated by Getta Guide, following information may be shared in your public profile:
- Your first name
- Any other information you provide optionally in your description (like bio, hobbies, picture)
- Your age
- Tours that you created
- Whether you are a verified as a person or your ID was checked
- Your rating score
7.2 INFORMATION THAT ISN’T SHARED PUBLICLY
The following data will not be publicly displayed or revealed to other Users:
- Any payment information you provide;
- Your password details;
- Your IP address;
- Your date of birth and other identity verification documentation;
- Communications you send to us (for example, when you ask for support, send us questions or comments, or report a problem).
7.3 INFORMATION THAT’S SHARED WITH TRUSTED THIRD-PARTY SERVICES
We may share your information with certain trusted third-party services to help us provide, improve, promote, or protect Getta Guide’s Services (like when we partner with payment processors, or use services that help us manage our ads on other sites).
When we share data with third-party services that support our delivery of the Getta Guide, we require that they use your information only for the purposes we’ve authorized, and that they protect your personal information at least to the same standards we do. We may also share information that’s aggregated and anonymized in a way that it doesn’t directly identify you.
We make use of following third-party services that act on our behalf:
- Weebly: to build the website frontend
- Stripe: to process your payments
- Cloudfare: delivers content network services to our systems
- Google Cloud: delivers cloud computing to our systems
7.4 INFORMATION THAT’S SHARED AMONG A GUESTS AND A PROVIDER
When you make or receive a booking, the platform automatically shares
- your first name
When a Provider accepts the Guest’s request to book a Tour, the Provider may elect to use Third-Party services available through the Getta Guide to assist with managing the Experience, such as concierge services and transportation providers. The Provider may use features on the Getta Guide platform to share information about the Guest with that Third-Party service provider for the purposes of coordinating the Experience or managing the Experience.
Further, we may also engage third parties that may be located outside of the European Union to provide services to us, including but not limited to technology services and services to help verify the User’s identification, to conduct checks against databases such as but not limited to public government databases (where legally allowed), to otherwise assist us with fraud prevention and risk assessment, to assist us with customer service, to serve targeted ads, and to facilitate the payments or reimbursements the User requests.
We may provide Personal Information about the User to these Third Parties, or give them access to this Personal Information, for the limited purpose of allowing them to provide these services to Getta Guide. For example, if we hire third parties, where permitted by applicable law, to conduct checks against databases such as but not limited to public government databases, we may provide the User’s Personal Information, such as the User’s full name and date of birth, to the third parties for the limited purpose of allowing them to conduct such checks, including background or registered sex offender checks, on our behalf. We ensure that such third parties have contractual obligations to protect this Personal Information and to not use it for unrelated purposes.
7.5 INFORMATION THAT’S SHARED TO GENERATE BOOKING REQUESTS
- Sometimes, we run marketing campaign to attract more customers. For this purpose we use the public information of the experience listing pages in parts or in whole.
- We never use your public profile information for marketing campaigns until you actively opt-in or we ask you for permission.
- The Provider’s public Experience listing page will include minimum information such as the city and neighborhood where the Experience is located, the Provider’s listing description, the Provider’s calendar availability.
- The Provider’s responsiveness in replying to Guests’ queries is shared publicly.
- Parts of the Experience listing page may be displayed in other parts of the platform to other Users and/or Third Party platforms for marketing purposes. The platform may also display Experience’s approximate geographic location on a map, such that the Guest(s) can see the general area of the Experience.
- The platform allows the Provider’s public profile to be included in search engines, in which case the Provider’s public profile and will be indexed by search engines and may be published as search results. The public listing does only include the Provider’s first name (never the last name). If the Provider changes the settings or the information on the public profile or public Experience listing pages, third-party search engines may not update their databases quickly or at all. We do not control the practices of third-party search engines, and they may use caches containing outdated information, including any information indexed by the search engine before the User changes the Provider’s settings or the information on the Provider’s public profile or public Experience listing pages.
7.6 GETTA GUIDE WORKS WITH PARTNERS AND SHARES YOUR PUBLIC DATA
We may distribute parts of the Platform (including the Provider’s Experience listing) for display on sites operated by Getta Guide’s business partners and affiliates, using technologies such as HTML widgets. If and when experience listings are displayed on a partner’s site, information from the User’s public profile page may also be displayed.
In order to fulfill our contract with you, Getta Guide may provide your Personal Information to its Affiliates, and their employees, to use and process the User’s Personal Information in the same way and to the same extent that we are permitted to under this Privacy Policy. These related entities comply with the same obligations that we have to protect the User’s Personal Information under this Privacy Policy.
7.7 INFORMATION THAT’S SHARED TO PROTECT GETTA GUIDE AND COMPLY WITH THE LAW
We do reserve the right to disclose personal information when we believe that doing so is reasonably necessary to comply with the law or law enforcement, to prevent fraud or abuse, or to protect Getta Guide’s legal rights, property, or the safety of Getta Guide, its employees, users, or others.
7.8 LINKS TO OTHER WEBSITES AND SERVICES
Our Site may include links to other websites or services whose privacy practices may differ from Getta Guide. When you use a link to an external site or service, the privacy policy and data processing disclosures for that site or service governs. We do not have any control over third-party websites. These other websites may place their own cookies, web beacons or other files on the User’s device, or collect and solicit Personal Information from the User.
Some portions of our Platform implement Google Maps/Earth mapping services, including Google Maps API(s). The User’s use of Google Maps/Earth is subject to Google’s terms of use (located at www.google.com/intl/en_us/help/terms_maps.html) and Google’s privacy policy (located at www.google.com/privacy.html), as may be amended by Google from time to time.
8. RETENTION
We will retain your information as long as your account is active, as necessary to provide you with the Services or as otherwise set forth in this Policy. Our servers are located in the European Union. We will also retain and use this information as necessary for the purposes set out in this Policy and to the extent necessary to comply with our legal obligations, resolve disputes, enforce our agreements, and protect Getta Guide’s legal rights.
We also collect and maintain aggregated, anonymized or pseudonymized information which we may retain indefinitely to protect the safety and security of our Site, improve our Services or comply with legal obligations. Some of the third-party service providers are located outside of the European Union. We may there have to transfer some of your data to data processors with the purpose to deliver our contractual obligations.
After it is no longer necessary for us to retain your personal information, we will dispose of it in a secure manner according to our data retention and deletion policies.
9. DATA TRANSFERS
Because Getta Guide is a EU-based company, your information will be collected and processed the European Union.
10. YOUR RIGHTS
10.1 MANAGING YOUR INFORMATION
If you reside in certain countries, including the EU, you are afforded certain rights regarding your personal information. Except where an exception or exemption applies, these rights include the ability to access, correct, and request deletion of your personal information. While these rights are not applicable globally, all Getta Guide users can manage their personal information, as further described below, in their account profile.
10.2 RECTIFICATION OF INACCURATE OR INCOMPLETE INFORMATION
You have the right to ask us to correct inaccurate or incomplete personal information concerning you (and which you cannot update yourself within your Getta Guide Account).
10.3 DATA ACCESS AND PORTABILITY
You can request a downloadable copy of your personal data that you have provided to us in a structured, commonly used, and machine-readable format and/or request us to transmit this information to another service provider (where technically feasible) by sending us an email to hello@getta.guide.
Please note that we may ask you to verify your identity before taking further action on your request.
10.4 DATA RETENTION AND ERASURE
We generally retain your personal information for as long as is necessary for the performance of the contract between you and us and to comply with our legal obligations.
To modify or delete the personal information you’ve provided to us, please log in and update your profile. You may also delete your account from your account profile page. We may retain certain information as required by law or as necessary for our legitimate business purposes. Please note that if you request the deletion of your personal information:
- We may retain some of your personal information as necessary for our legitimate business interests, such as fraud detection and prevention and enhancing safety. For example, if we suspend a Getta Guide Account for fraud or safety reasons, we may retain certain information from that Getta Guide Account to prevent that Member from opening a new Getta Guide Account in the future.
- We may retain and use your personal information to the extent necessary to comply with our legal obligations.
- Information you have shared with others (e.g., reviews, forum postings) may continue to be publicly visible on the Getta Guide platform, even after your Getta Guide account is cancelled and deleted. However, attribution of such information to you will be removed. Additionally, some copies of your information (e.g., log records) may remain in our database, but are disassociated from personal identifiers.
10.5 WITHDRAWING CONSENT AND RESTRICTION OF PROCESSING
Where you have provided your consent to the processing of your personal information by Getta Guide you may withdraw your consent (eg. opting out from email marketing campaigns after providing initial consent) at any time by sending an email to hello@getta.guide specifying which consent you are withdrawing. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal. Additionally, in some jurisdictions, applicable law may give you the right to limit the ways in which we use your personal information, in particular where (i) you contest the accuracy of your personal information; (ii) the processing is unlawful and you oppose the erasure of your personal information; (iii) we no longer need your personal information for the purposes of the processing, but you require the information for the establishment, exercise or defense of legal claims; or (iv) you have objected to the processing pursuant to Section 10.6 and pending the verification whether the legitimate grounds of Getta Guide override your own.
10.6 OBJECTION TO PROCESSING
In some jurisdictions, applicable law may entitle you to require Getta Guide not to process your personal information for certain specific purposes (including profiling) where such processing is based on legitimate interest. If you object to such processing Getta Guide will no longer process your personal information for these purposes unless we can demonstrate compelling legitimate grounds for such processing or such processing is required for the establishment, exercise or defense of legal claims.
10.7 OTHER INFORMATION
The User acknowledges, consent and agree that Getta Guide may access, preserve and disclose the User’s account information and Collective Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary (a) to respond to claims asserted against Getta Guide; (b) to comply with legal process (for example, subpoenas and warrants); (c) to enforce and administer our agreements with users; (d) for fraud prevention, risk assessment, investigation, customer support, product development and debugging purposes; or (e) to protect the rights, property or personal safety of Getta Guide, its users or members of the public.
We will use commercially reasonable efforts to notify users about law enforcement requests for their data unless:
- providing notice is prohibited by the legal process itself, by court order we receive, or by applicable law; or
- we believe that providing notice would (a) be futile, (b) be ineffective, or (c) would create a risk of injury or bodily harm to an individual or group, or (d) create or increase a risk of fraud upon Getta Guide’s property, its Members, the Platform, Application, or Services (collectively, “Risk Scenarios”).
11. SECURITY, DATA PROTECTION OFFICER & DATA PROTECTION AUTHORITY
We take security seriously, and the security of your personal data is important to us. We follow industry-standard practices to protect the data we collect and maintain. No method of transmission over the internet or electronic storage is completely secure, so Getta Guide cannot guarantee its absolute security. Your account information is protected by a password, which you should choose carefully and keep secure.
We have a Security Incident Task Force (SITF) and protocol in place in the event of a data breach. We encourage the responsible disclosure of vulnerabilities of our Services by emailing hello@getta.guide, and we will invite valid disclosures to our bug bounty program.
You have the right to lodge complaints about the data processing activities carried out by Getta Guide.
11.1 DATA PROTECTION OFFICER
To contact our Data Protection Officer, please email: hello@getta.guide.
11.2 DATA PROTECTION AUTHORITY
Subject to applicable law, if you are a citizen or resident of the European Union, you also have the right to (i) object to Getta Guide’s use of your personal information and (ii) lodge a complaint with your Provider data protection authority or the Commissioner’s Office, which is Getta Guide’s lead supervisory authority in the European Union.
12. CHILDREN
People under 18 (or the legal age in your jurisdiction) are not permitted to use Getta Guide on their own. Getta Guide does not knowingly collect any personal information from children under the age of 13 and people under 18 are not permitted to register for an account or use our Services. If you believe that a child has provided us with personal information, please contact us at hello@getta.guide. If we become aware that a child under age 13 has provided us with personally identifiable information, we’ll delete the User.
13. BUSINESS TRANSFERS BY GETTA GUIDE
If Getta Guide undertakes or is involved in any merger, acquisition, reorganization, sale of assets or bankruptcy or insolvency event, then we may sell, transfer or share some or all of our assets, including the User’s Personal Information. In this event, we will notify the User before the User’s Personal Information is transferred and becomes subject to a different privacy policy.
14. CHANGES TO PRIVACY POLICY
We may change this Privacy Policy at any time at our sole discretion. If we make material changes to the Privacy Policy, we will notify the User either by posting the changed Privacy Policy on the platform or by sending an email to the User. We will also update the “Last Updated” date at the top of this Privacy Policy. If we let the User know of changes through an email communication, then the date on which we send the email will be deemed to be the date of the User receipt of that email. It’s important that the User reviews the changed Privacy Policy. If the User does not wish to agree to the changed Privacy Policy, then you have the right to have your account deleted and stop using Getta Guide.
GOT FEEDBACK?
Your opinion matters to us! If you’d like to provide feedback to us about this Privacy Policy, please email us at hello@getta.guide!