Privacy & Data Protection Policy

The following terms of the privacy policy (“Privacy Policy”) are by and between RapyBus S.A.C., having its office at Conde de la Monclova Street 363, San Isidro 15073 Lima – Peru, which runs and operates rapybus.com (the “Site” or “we” or “our”) and the end-user / customer (hereinafter referred to as “End-User” or “You”) of the Site.

This Privacy Policy shall become effective at the time the End-User accesses and uses the Site. By accessing and using the Site, submitting information to RapyBus through the Site, and signing up (creating a user) for using the Site, the End-Users expressly consent to RapyBus and its affiliates using and/or sharing the information to its authorised service providers and other relevant third parties, in the manner described under the Cookie Policy. End-User expressly consents to the use/sharing by RapyBus of its data with authorized service providers and other relevant third parties which is required in order to provide our online marketplace service. By accessing the Site, the End-User expressly consents to RapyBus and its affiliates using, and/or sharing the End-User Data (as defined below) in accordance with this Privacy Policy, if the End-User does not agree to be bound by the terms of this Privacy Policy as set-out below, the End-User may not access the Site. (RapyBus or the ‘Site’ and the ‘End-User’ shall hereinafter be collectively referred to as the “Parties” and individually as the “Party”)

1. Interpretations:
In this Privacy Policy (unless the context requires otherwise):
  1. Any reference herein to any clause is a reference made to a Clause of thisPrivacy Policy.
  2. The expression “this Clause” shall, unless followed by a reference to a specific provision, be deemed to refer to the whole Clause, not merely the sub-clause, paragraph or other provision in which the expression occurs.
  3. The terms “herein”, “hereof”, “hereto”, “hereunder” and words of similar purport refer to this Privacy Policy as a whole.
  4. The headings are inserted for convenience only and shall not affect the construction of this Privacy Policy.
  5. Words importing the singular include the plural and vice versa, and pronouns importing a gender include each of the masculine, feminine and neuter genders.
  6. Where a word or phrase is defined, other parts of speech and grammatical forms and the cognate variations of that word or phrase shall have corresponding meanings.
  7. Reference to statutory provisions shall be construed as meaning and including references also to any amendment, consolidation, replacement or re-enactment (whether before or after the date of this Privacy Policy) for the time being in force and to all statutory instruments, orders or other subordinate legislation made pursuant to such statutory provisions.


2. Scope of Applicability and Law 29733 (Personal Data Protection Law):
Please note that the privacy of the End-User is important to us. We value the trust of the End-User and are committed to protecting and safeguarding the End-User’s Data (defined below). This Privacy Policy, which we may update from time to time in the manner provided under Clause 7 hereof, describes inter alia how RapyBus shall use the End-User’s Data (defined below). It also tells the End-User how to contact us, if it has questions about the End-User’s Data shared with us. RapyBus operates within the scope of Law 29733 (Personal Data Protection Law), which means we request Your consent (as End-User) in order to save and process your personal data. Said consent shall be free, express, duly informed, to be provided in advance and shall be valid as long as the End-User maintains an active RapyBus account or uses the Site. Please note that this consent is essential and necessary in order for RapyBus to be able to provide its online marketplace service. The consent shall be optional for other (non-essential) uses, such as marketing communications. The Site provides an online marketplace (using a search engine) for the sale of travel services inter alia through its own websites and mobile apps.

3. Nature of End-User’s Data:
RapyBus works as a search engine that allows an online marketplace When the End-User makes a reservation/booking through the Site, the End-User may be asked the required information including essential and non-essential data. The essential data is needed in order to use the Site and shall be marked as such; the non-essential data shall be optional to submit:
  1. Profiling Information: Information which you provide when you use, subscribe or register with the Site. Information about your identity, including but not limited to your name/name of the guest or invitee, nationality, gender, marital status, age, your email address, room preference, meal preference, special needs (if any);
  2. Financial information, such as, your banking details and any information relating to your income and lifestyle levels;
  3. Contact details such as your physical address, mailing address, telephone and fax numbers;
  4. Payment and Account Information: Your account history with us including (without limitation) all billing information and communications, payment history, etc.;
  5. Site Usage: Information about your browsing while using the Site, for example the URLs of websites, which you visit and from which you request downloads;
  6. Transactional Information: Transactional history (other than banking details) about your e-commerce activities;
  7. Correspondence Information: Content, information about your correspondents, and the destination/origin of communications between you and any other person using the Site, which include email communications, blog, chat room and discussion board communications, instant message communications, expert forum communications, fax/mail communications, mailing list members, etc.;
  8. User IDs: Your usernames, passwords, email addresses and other security- related information used by you in relation to the Site usage; and
  9. Stored Information: Data either created by you or by a third party and which you wish to store on our servers such as image files, documents etc.

    10. To make it easier to manage your reservations, RapyBus may provide the End-User the facility to open a user account on the Site. The user account shall allow it to save its personal settings, review previous bookings and manage future reservations. When you visit the Site, even if you do not make a booking/reservation, we may collect certain information (as it is usual for most websites), such as your IP address, or browser, and information about your computer’s operating system, application version, language settings and pages that have been shown to you. If you are using a mobile device, we might also collect data that identifies your mobile device specific settings and characteristics and latitude/longitude details. Said information shall be collected in a way that it shall not lead to any personal identification of the User. (The above end-user’s data along with the ‘Targeting Data (defined below)’ shall hereinafter be referred to as the “End-User’s Data”) In this regard, it may be noted that inter alia the following amongst others items specified thereunder shall be governed by the Cookie Policy of the Site: (a) Site usage dealing with information about your browsing during the Site usage; for example, the URLs of websites; (b) log information: data such as your web request, IP address, browser type, browser language, date and time of request.



4. Purpose of Using End-User’s Data:
RapyBus shall use the End-User’s data in order to provide its online marketplace services (which include but are not limited to: customer service, account administration, fraud detection when required by the law). It may also use it, with the End-User’s consent, for other related activities (which include but are not limited to: marketing, market research, Site improvement).

Customer Service:
RapyBus may use the End-User's Data to provide customer services to the End-User.

Account Administration:
RapyBus may offer the user the facility to register and open an account on the Site. RapyBus may use the information you furnish to administer your account, allowing you to manage your bookings, take advantage of special offers, and manage your personal settings.

Marketing Activities:
We may also use your information for marketing activities, as permitted by applicable laws, such as the following: When you make a booking with us or set up a user account, we may use your contact information to send you news about similar travel-related products and services. We also send our End-Users regular newsletters by email. You can opt out, or unsubscribe, from marketing communication at any time. Based on the information you share with us, customized offers may be shown to you on the Site, in mobile apps or on third-party websites, including social media sites. When we believe that a particular offer may be of interest to you, we may decide to make it available to you at the time of making the reservation/booking through the Site.

Other Communications:
There may be other times when we get in touch by email, by post, by phone or by texting you, depending on the contact information you share with us. There could be a number of reasons for this, such as the following: We may need to respond to and handle requests you have made; If you have not completed a reservation online, we may email you a reminder to continue with your reservation. We believe that this additional facility shall be useful to you because it allows you to carry on with a reservation without having to search for the accommodation again or fill in all the reservation details from scratch; When you use our Site, we may send you a questionnaire or invite you to provide a review about your experience with the Site; and We may also send you other material related to your reservation, such as, for example, how to contact the Site, if you need assistance while you are away, or a summary of previous reservations you made using the Site.

Market Research:
We sometimes ask our customers to take part in market research. Any additional details that you give us as part of the market research shall only be used with your consent.

Fraud Detection and Prevention:
We may use the End-User’s Data for the detection and prevention of fraud and other illegal or unwanted activities, or disclose the End-User’s Data if required pursuant to applicable law.

Improving Our Site:
We may use the End-User’s Data for analytical purposes, to improve our Site, enhance the user experience, and improve the functionality and quality of our Site. In certain circumstances, we may share the End-User’s Data with third parties, such as the following:

User’s Bookings:
In order to complete your booking, we need to transfer relevant reservation/booking related End-User details to the bus operator you booked with.

RapyBus Local Site Office:
In order to support you during the reservation / booking process and throughout your stay, your details may be shared with any of the RapyBus group companies. Your information might also be shared with other members/ Site and companies service providers for analysis, to provide you with travel-related offers that may be of interest to you and to offer you customized service; said information shall be anonymous, if possible. Under no circumstance the End-User’s Data shall be transferred or sold to third parties that are not related to RapyBus or that provide services through the Site.

Third-Party Service Providers:
We may use third-party service providers to process the End-User’s Data on our behalf for the purposes specified above. To further elaborate in this regard, we may use service providers to send the reservation/booking information on our behalf to the accommodation/bus operator with whom you made the booking through the Site, or we may instruct third parties to contact you. Whenever such is required by a reservation/booking, we may also work with third-party payment service providers to facilitate payment or payment guarantees. We also work with third-party advertisement networks to market our Site on other platforms, or involve third-party providers for analytical purposes. These third parties involved in any of these services shall be bound by confidentiality agreements and shall not be allowed to use the End-User’s Data for any purposes other than those specified above.

Use of End-User’s Data on Mobile Devices:
We may provide free apps for a variety of mobile devices and use versions of our regular Site that have been optimized for mobile (websites). These apps and mobile websites process the End-User’s Data in a similar way as our Site does and they also allow you to use location services to find suitable bookings for the End-User.

Use of Targeting Data (defined below) for Retargeting:
The Site may utilize (i) a tracking pixel (such as, a smart pixel(s) or managed pixel(s)) (“Pixel”) placed on certain page(s) of the Site to collect relevant information from the Site and to set a cookie on the browser of one or more End-User(s) (the “Cookie”), (ii) browser stream data of one or more End-User(s) to the Site or (iii) other nonidentifiable / non-personal information of the End-User (hereinafter collectively referred to as the “Targeting Data”) in accordance with the Cookie Policy of the Site (the latest version of which shall be available on the Site) (“Cookie Policy”).

End-User’s Data Security Safeguards:
In accordance with the applicable laws, we follow reasonable procedures to prevent unauthorized access to our Personal Databases (including the database, where the EndUser´s data is stored) and the misuse of the End-User’s Data. We use appropriate business systems and security procedures to protect and safeguard the End-User’s Data delivered to us. We also use security procedures and technical and physical restrictions for accessing and using such data on Site. Only authorized personnel are permitted to access End-Users data in the course of their work.

Prohibitions on Minors:
The Services offered by the Site are not directed at minors (as more specifically provided for in the General Terms and Conditions on Site usage). The use of the Site is only allowed with the valid consent of a parent or a guardian.

Contact:
You shall be entitled to review the End-User’s Data we keep about you and exercise your rights as a personal data holder. You may request an overview of your End-User’s Data by sending us an e-mail to contact@rapybus.com or send a physical request to our address in Peru at Conde de la Monclova Street 363, San Isidro 15073 Lima – Peru. Please include a copy of your identity card to help us prevent unauthorized individuals from accessing the End-User’s Data. If the End-User’s Data we have for you is incorrect, we shall update it at your request. You can also revoke your consent or ask us to remove/modify all / one portion of your End-User’s Data from our Customer database by sending an email or communication to the addresses listed in the foregoing paragraph. However, in case you elect to remove your End-User Data, we may not be able to provide you access to the Site to make reservations/bookings. We may also need to retain certain information in accordance with applicable laws, for legal or administrative purposes, such as record keeping or to detect fraudulent activities.

Amendment / Modification:
RapyBus reserves the right to modify this Privacy Policy at any time with or without notice by uploading the revised Privacy Policy on the Site and it shall be the duty of the End-User to keep itself aware of the revisions to the Privacy Policy of the Site.

Limitation of Liability:
THE SITE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE PRIVACY POLICY, SITE, THE FACILITIES PROVIDED ON THE SITE, THE TRANSACTION PROCESSING FACILITY, THE INABILITY TO USE THE FACILITIES PROVIDED ON THE SITE INCLUDING THE TRANSACTION PROCESSING FACILITY, OR THOSE RESULTING FROM ANY SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE WHICH EXCEED THE VALUE OF THE LAST TRANSACTION MADE BY THE ENDUSER THROUGH THE SITE.

Governing Law and Jurisdiction:
This Privacy Policy is governed by and shall be construed in accordance with the laws of Peru. The courts and administrative authorities in Peru shall have exclusive jurisdiction in respect of any disputes arising out of or in connection with this Privacy Policy

Miscellaneous Provision:
The Parties acknowledge and accept that the electronic format shall be deemed an acceptable means of communication for the purposes of this Private Policy. This Privacy Policy embodies the full and entire agreement between the Parties on the issue related to ‘Privacy Policy for the Site’ (save and except the Cookie Policy) and shall supersede any other prior understanding, commitment, representation or agreement, whether written or oral, between the Parties to this Privacy Policy. If any provision of this Privacy Policy is found to be invalid or unenforceable by any court or administrative body of competent jurisdiction, such invalidity or unenforceability shall not affect the other provisions of this Privacy Policy, which shall remain in full force an effect. In no event shall any delay, failure or omission (in whole or in part) in enforcing, exercising or pursuing any right, power, privilege, claim or remedy conferred by or arising under this Privacy Policy or by law, be deemed to be or construed as a waiver of that or any other right, so as to bar the enforcement of that, or any other right, power privilege, claim or remedy, in any other instance at any time or times subsequently.