Customer Content Collection and Use
- You and other users of our Website can contribute to TravelKosh in a number of different ways, including submitting emails, writing reviews, making postings, uploading and posting photos or videos, posting comments or suggestions, submitting ideas, filling out public profiles, rating other users' contributions and making other similar contributions or submissions to the Website or to TravelKosh (collectively, " Customer Content", “Content”). We may use your Content in a number of different ways, including, among other things, displaying it on the Website, reformatting it, translating it into other languages, editing it for clarity and grammar, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites, mobile properties, applications, and media platforms.
- Accordingly, please be aware that by submitting Content, you grant TravelKosh and its affiliates a worldwide, nonexclusive, royalty-free, fully paid-up, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content throughout the world in any media, now known or hereafter devised, for any purpose; and (b) use the name that you submit in connection with such Content. You acknowledge that TravelKosh may choose to provide attribution of your comments or reviews at its own discretion. You further grant TravelKosh the right to pursue at law any person or entity that violates your or TravelKosh’s rights in the Content by a breach of this Agreement. You acknowledge and agree that Content is non-confidential and non-proprietary. You hereby declare that (a) you have no objection to the publication, use, modification, deletion and exploitation of the Content by TravelKosh or its licensees, successors and assigns; (b) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (c) you forever release TravelKosh, and its licensees, successors and assignees, from any claims that you could otherwise assert against TravelKosh by virtue of any such moral rights.
- TravelKosh and its affiliates may display advertisements and other information adjacent to or included with your Content on the Website. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
This Website may contain review services or other forums in which you
or third parties may post reviews of travel experiences or other
content, messages, materials or other items on this Website. If
TravelKosh provides such services, you are solely responsible for your
use of such services and use them at your own risk. By using any of
these forums, you expressly agree not to post, upload to, transmit,
distribute, store, create or otherwise publish through this Website
any of the following:
- Any Content that is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.
- Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including TravelKosh;
- Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;
- Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.
- Viruses, corrupted data or other harmful, disruptive or destructive files;
- Content that is unrelated to the topic of the review services or other forums in which such Content is posted; or
- Content or links to content that, in the sole judgment of TravelKosh, (a) violates the previous subsections herein, (b) is objectionable, (c) restricts or inhibits any other person from using or enjoying review services or other forums or this Website, or (d) may expose TravelKosh or its affiliates or its users to any harm or liability of any type.
- You alone are responsible for your Content. You assume all risks associated with your Content, including anyone's reliance on its accuracy, completeness or usefulness, or any disclosure by you of information in your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorise the use of, your Content as described herein. You may not imply that your Content is in any way sponsored or endorsed by TravelKosh.
- TravelKosh takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is TravelKosh liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of review services or other forums, TravelKosh is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or review services or other forums.
- Although TravelKosh has no obligation to screen, edit or monitor any of the Content posted to or distributed through any review services or other forums, TravelKosh reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any Content posted or stored on this Website at any time and for any reason, or to have such actions performed by third parties on its behalf, and you are solely responsible for creating backup copies of and replacing any Content you post or store on this Website at your sole cost and expense. TravelKosh has no obligation to retain or provide you with copies of your Content, nor do we guarantee any confidentiality with respect to your Content.
- Any use of the services or other portions of this Website in violation of the foregoing violates the terms of this Agreement and may result in, among other things, termination or suspension of your rights to use the review services or other forums and/or this Website.
As you may know, a new European privacy regulation called General Data
Protection Regulation ("GDPR") has come into effect on May 25, 2018.
GDPR is designed to unify the current data protection privacy laws
throughout the EU, and to enhance the rights of European residents to
protect their personal information. The GDPR also applies to any
business that offers its products or services to European residents.
We collect and use your personal information when you avail our
services. For the purpose of the General Data Protection Regulation
(“GDPR”), we are the ‘data controller’. By accessing our Websites and
utilizing our services, you acknowledge that you have read and
understood this Privacy
Policy and the information collection and handling practices outlined in it.
EU data subject rights
If you are a resident in the EU, you may have certain rights in relation to the Customer Data we hold about you, which we detail below. Some of these only apply in certain circumstances where TravelKosh is holding authority of the data and legally/contractually allowed as per the local laws as set out in more detail below. We also set out how to exercise those rights.
- Right to information.
- Right to access the Personal Information that are processed
- Right to erasure ("Right to be forgotten")
- Right to rectification
- Right to restriction of processing
- Right to data portability of the Personal Information supplied to TravelKosh by the EU resident
- Right to object (opt-out) to processing (unless TravelKosh) otherwise has compelling legitimate grounds)
Collection of Information
- We may collect Personal Information about you that you provide to us while using TravelKosh and the information about how you use TravelKosh including when you open your user account and when you visit TravelKosh or make reservations for any intended Services or for using the Services. Providing your Personal Information to us is always voluntary. Please note that, we might not be able to provide you with certain services if you choose not to give us your Personal Information.
- Opening Your User Account - When you open with us a User Account or amend any information of your User Account, we may collect your Personal Information, such as your name, email address, username, password and telephone number.
Visiting TravelKosh and making Reservations for the Services or Using
the Services - When you visit TravelKosh (even if you have not
registered a User Account or logged in) or make reservations for any
intended Services or use the Services, we may collect and process
certain information (which may contain your Personal Information or
may contain non-personally identifiable information but nevertheless
linked to your Personal Information) including but not limited to
those set out below:
- Copies of correspondence (whether by e-mail, instant or personal messaging or otherwise) between you and us, and between you and the Third-Party Operators;
- Details of your usage of TravelKosh (including traffic data, location data and length of user sessions);
- Feedback on and responses to surveys conducted by TravelKosh relating to the Services, circulated or distributed by TravelKosh;
- Information automatically collected and stored in our server or the server of our third party operators by using or accessing to TravelKosh (including the log-in name and password for your User Account, your computers Internet Protocol (IP) address, browser type, browser information, device information (including unique device identifier), pages visited, previous or subsequent sites visited).
Storage of Information
- When it is no longer necessary for us to process your Personal Information, we will either delete or anonymise the data or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information.
- We will endeavour to anonymise or aggregate your data if we intend to use it for analytical purposes or trend analysis.
- Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access. We do not give any representation, warranty or undertaking that the Personal Information you provide to us will be secure at all times, and to the extent TravelKosh has fulfilled its obligations under no circumstances shall TravelKosh be responsible for any losses, damages, costs and expenses which you may suffer or incur arising from unauthorised access to or use of your Personal Information.
- All payment transactions carried out by us or our chosen third-party provider of payment processing services will be encrypted using online encryption technology. You are responsible for keeping your chosen password confidential and not to share your password with any third party.
Usage of Information
- We process the Personal Information collected in as far as necessary for performance of the contract with and providing services to you. Besides, we process the other Personal Information collected on the basis of our legitimate interests, which are the further improvement of the quality of services and for marketing purposes.This includes using your Personal Information or such other data to achieve faster purchase requests, better customer support and to provide you with timely notice of new Services and special offers.
- From time to time, we may also make use of your Personal Information to contact you for feedback on your use of TravelKosh, to assist us in improving TravelKosh, or to offer special savings or promotions to you, where you have indicated your consent to receiving such communications. If you would prefer not to receive notices of special savings or promotions, you may simply opt-out from receiving them by replying to us through the hyperlink provided in these notices.
Disclosure of Information
We may from time to time share and disclose your Personal Information
and other data to third parties, some of whom may be located outside
your home country. The circumstances under which such sharing and
disclosure will take place may include without limitation, the
- To successfully complete your reservations or otherwise implement our Terms. We may share your information with Third-party Operator or third parties who deliver or provide goods and services or otherwise act on our behalf.
- If you are a visitor, to the relevant Third-party Operator in connection with the Services which you have made reservations for or intend to make reservations for.
- If you are a Third-party Operator, to any visitor in connection with the Services you are offering.
- To our third parties (including Google Analytics), which we engage amongst others for the performance of certain services on our behalf, such as web hosting services, data analysis, marketing, market research, and to otherwise provide you with customer service.
- If and to the extent required by any applicable law, order of court or requests by any governmental authority to make such disclosure.
- Within Stonegrid Technology Solutions Private Limited, in case of a corporate transaction, in connection with the sale, merger, acquisition, or other corporate reorganisation or restructuring of our corporation, your Personal Information may be disclosed, shared or transferred to the new controlling entity or its authorised third party for carrying on our business.
- To our advisors, agencies or other parties concerned in order to protect the rights and property of TravelKosh.
- In any other case, to any third parties with your prior written consent (and in which case we will make it possible for you to withdraw your consent as easily as it was to provide consent).
- We may also share aggregate or anonymous information with relevant third parties, including our advertisers. Such information does not contain any Personal Information and will not identify you personally. However, in some occasions, these third parties may possess information about you or obtain your information from other sources. When they combine such information with our aggregate information, they may be able to identify you personally.
- Your Personal Information may be transferred outside of your home country for the above mentioned purposes. If such transfer takes place to a country that does not provide an adequate level of protection, TravelKosh will use reasonable endeavours to ensure that appropriate safeguards are in place. Such safeguards include appropriate cross-border transfer mechanisms.
- Cookies are small files saved to the user's computers hard drive that track, save and store information about your interactions and usage of the website. This allows the website, through its server to provide a tailored experience within this website. You are advised that if you wish to deny the use and saving of cookies from this website on to your computers hard drive you must take necessary steps within your web browsers security settings to block all cookies from this website and its external serving vendors.
- Other cookies may be stored to your computer hard drive by external vendors, sponsored links or adverts. Such cookies are used for conversion and referral tracking and typically expire after 30 days, though some may take longer. No personal information is stored, saved or collected.
Data Security/Protection and Links to Other Sites
- TravelKosh keeps all the data in relation to credit card, debit card, bank information etc. secured and in an encrypted form in compliance with the applicable laws and regulations. However, for cases of fraud detection, offering bookings on credit (finance) etc., we may at times verify certain information of its Users like their credit score, as and when required.
- TravelKosh adopts the best industry standard to secure the information as provided by you. However, TravelKosh cannot guarantee that there will never be any security breach of its systems which may have an impact on your information too.
- This Website may contain hyperlinks to websites operated by parties other than TravelKosh. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. You are requested to verify the accuracy of all information provided on the third-party web pages. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, Trojan horses, defects and other items of a destructive nature.
- TravelKosh is not responsible for any errors, omissions or representations on any of its pages, links or any linked website pages to the extent such information is updated or provided directly by the Service Providers or the advertisers.
- The linked sites are not under the control of TravelKosh and hence TravelKosh is not responsible for the contents of any linked site(s) or any further links on such site(s), or any changes or updates to such sites. TravelKosh is providing these links to the Users only as a convenience.
Intellectual Property Rights
Unless stated otherwise, the software required for our services or available at or used by our Platform and the Intellectual Property Rights (including the copyrights) of the contents and information of and material on this Website are owned by TravelKosh, its third party operators or Service providers.
TravelKosh exclusively retains ownership of all rights, title and interest in and to all intellectual property rights of the look and feel, including the infrastructure of the Website on which the service is made available including the guest reviews and translated content and you are not entitled to copy, scrape, (hyper-/deep)link to, publish, promote, market, integrate, utilize, combine or otherwise use the content (including any translations thereof and guest reviews) or our brand without our express written permission. To the extent that you would (wholly or partly) use or combine our content (including guest reviews) or would otherwise own any intellectual property rights in the Website or any content or guest reviews, you hereby assign, transfer and set over all such intellectual property rights to TravelKosh. Any unlawful use or any of the aforementioned actions or behaviour will constitute a material infringement of our intellectual property rights (including copyright and database right).