Archive

Archive2020-08-10T16:07:58+00:00

Shep Travel Privacy Policy

Last updated: October 9, 2018

Archived: March 31, 2020

Compl.ai Inc. dba Shep (“Shep Travel,” “we,” “our” or “us”) respects your privacy and is committed to protecting it through our compliance with this privacy policy. Shep Travel offers a simple way for companies to create a travel policy, guide team bookings on top of consumer travel sites and track expenses as they happen through a lightweight browser extension (as modified from time to time, the “Shep Platform”).

For the purposes of the EU General Data Protection Regulation 2016/679 (the “GDPR”), Shep Travel is the data controller. This means that we are responsible for deciding how we use the information that we hold. We are a Delaware corporation registered in the United States with an office at Compl.ai Inc. dba Shep, 6908 Larue Belle Cv, Austin, TX 78739.

The GDPR applies to you if you reside in the European Economic Area (an “EEA Resident”).

Please note that by visiting or using https://www.sheptravel.com/ (the “Site”), the Chrome browser extension (the “Browser Extension”) and the various related services, features, functions, software, applications, websites and networks associated with the Shep Platform, including our travel partners’ websites and services (together with the Shep Platform, the Site and the Browser Extension, collectively, the “Shep Travel Services”), you are accepting the practices described in this privacy policy, subject to any rights or restrictions that might apply under the GDPR if you are an EEA Resident, including the rights described in the European Privacy Rights for EEA Residents provisions below. This privacy policy is incorporated by reference into the Terms and Conditions that govern your use of the Shep Platform and the other Shep Travel Services (the “Terms”).

This policy describes the types of information we may collect from you or that you may provide when you access or use the Shep Platform, the Site, the Browser Extension, the other Shep Travel Services or any of the other features, functions, services, and products, including our travel partners’ services and products, and our practices for collecting, using, maintaining, protecting and disclosing that information.

This policy applies to information we collect or may collect:

  • In accessing and using the Site and the Browser Extension.
  • In registering to use and to create an account for the Shep Platform.
  • In accessing and using the Shep Platform and the other Shep Travel Services.
  • In searching for flights, hotels, rental cars, and other travel services.
  • When you interact with airlines, hotels, rental cars, booking and reservation services, and other travel-related companies in connection with the Shep Platform.
  • In e-mail, text and other electronic messages sent through or use of the Site, the Shep Platform, and the other Shep Travel Services.
  • When you send any content through the Site, the Shep Platform or any of the other Shep Travel Services.
  • Through services provided to us or to you by third-party companies, agents or contractors, including our travel partners.

It does not apply to information collected by:

  • Us offline or through any other means, including on any other website operated by Shep Travel or any third party; or
  • Any third party, including through any link that may be accessible from or on the Shep Platform, the Site, the Browser Extension or any of the other Shep Travel Services.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your only choice is not to use the Shep Platform or any of the other Shep Travel Services. By accessing or using any of the Shep Travel Services, you agree to this privacy policy. This policy may change from time to time. Your continued use of the Shep Platform, the Site, the Browser Extension and/or any of the other Shep Travel Services, after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Minors under the Age of 18

None of the Shep Travel Services are intended for minors under 18 years of age. No one under age 13 may provide any information on or through the Site, the Shep Platform or the other Shep Travel Services. We do not knowingly collect personal data from children under 13. If you are under 13, do not use or provide any information on or through any of the Shep Travel Services or any of its features or register on the Site, use any of the interactive or public comment features of any of the Shep Travel Services or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name, username you may use or any pictures of you. If we learn we have collected or received personal data from a child under 13 without verification of parental consent, we will delete that information. If you believe that we might have any information from or about a child under 13, please contact us at hi@sheptravel.com.

Information We Collect About You and How We Collect It

We collect or may collect several types of information from and about users of the Shep Platform, the Site, the Browser Extension and the other Shep Travel Services, including:

  • Information by which you may be personally identified, such as name, birthdate, job function, work telephone number and e-mail address (“personal data”);
  • Slack organization details and team identification;
  • Your IP Address, including when you create an account;
  • Travel booking data on or through the Shep Platform, including the total amount spent on travel, destinations and passenger information;
  • Travel search and navigation history on or through the Shep Platform, including all visited URLs;
  • Billing information, including the address for billing and billing contact information;
  • Information that is about you but individually does not identify you, such as the date and time of visit;
  • Usage details and information, including how you communicate with other users of the Site, the Browser Extension, the Shep Platform and the other Shep Travel Services, such as the time, date, sender and your interactions with messages (such as when you open a message);
  • Device, internet and mobile information such as the hardware model, operating system version, unique device identifiers, browser type, language, wireless network, and mobile network information (including the mobile phone number);
  • Information that you provide by registering, creating accounts or filling in forms or applications on or through the Shep Platform and the other Shep Travel Services, including information provided in connection with registering to access and use the Shep Platform;
  • When you report a problem with any of the Shep Travel Services;
  • Records and copies of your correspondence (including e-mail addresses), if you contact us; and/or
  • Details of transactions you carry out through the Shep Platform, the Site, the Browser Extension and any of the other Shep Travel Services.

We collect this information:

  • Directly from you when you provide it to us.
  • Automatically as you navigate through or use the Shep Platform, the Site, the Browser Extension or any of the other Shep Travel Services.
  • From third parties, such as our customers, business partners and other third parties that provide us or you with certain services, including our travel partners.

Certain transactions may also involve you calling us or our calling you. Please be aware that we may monitor, and in some cases, record such calls for staff training or quality assurance purposes.

Use of Cookies and Other Tracking Technologies.

The technologies we use for automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of the Site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to the Site.

Do Not Track Policy

Your web browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and across different websites. We do not honor any web browser “Do Not Track” signals or other mechanisms that provide you with the ability to exercise choice regarding the collection of personally identifiable information about your online activities over time and across third-party websites or online services. At present, no universally accepted standards exist on how companies should respond to do-not-track signals. In the event a final universally accepted standard is established, we will assess and provide an appropriate response to these signals

Third-party Responsibilities and Services.

We may use or partner with other third-party companies, agents or contractors for various purposes in connection with our business and operations (“Service Providers”), including, travel partners, such as travel management companies, travel agents, online travel agencies, and travel product suppliers, CRM, invoicing and payment processing, support, relationship building, the marketing and growth of our business and the performance of services on our behalf, such as gathering and analyzing information and the provision of services to you. In the course of performing these responsibilities and providing such services, these other companies may have access to your information. We may also share information, including your information, with these Services Providers in order to enable them to perform these responsibilities and to provide these services.  These Services Providers may have adopted their own privacy policies, which are not subject to control by Shep Travel. You should always review the policies of these Service Providers to make sure that you are comfortable with the ways in which they collect, use, maintain, protect and disclose your information. We do not list our current Service Providers because they change from time to time. If you would like the names of any of Service Providers, please email us at hi@sheptravel.com.

The Service Providers may also transmit cookies to your computer or device when you click on ads that appear on or through the Service.

As a convenience to you, we may also provide links to other third-parties from within our Service. If you click on one of these links, you will be redirected to that third-party’s site (via affiliate cookies)  and such third party may also transmit cookies to you. We do not have any control over that or how they collect, use, maintain, protect and disclose your information. Please be aware that cookies placed by third parties may continue to track your activities online even after you are no longer using any the Shep Travel Services, and those third parties may not honor “Do Not Track” requests you have set using your web browser.

Shep may receive compensation from these Service Providers and other third parties.

Hubspot

The Site uses a HubSpot tracking code which uses cookies or similar technologies that track a user’s interaction with the Site. Hubspot also tracks browser-provided information such as inferred region, IP address, and return visits.

For more information about HubSpot’s Privacy Policy, click here.

Use of Remarketing with Google Ads, Google Analytics and other Remarking and Analytic Services

We use or may in the future use a variety of remarketing and analytic services including:

Google Ads

The Site uses Google AdWords to advertise on third party websites to previous visitors to our site. It could mean that we advertise to previous visitors who haven’t completed a task on our site, for example using the contact form to make an inquiry. This could be in the form of an advertisement on the Google search results page or a site in the Google Display Network Third-party vendors, including Google, use cookies to serve ads based on someone’s past visits to the Site. Of course, any data collected will be used in accordance with this privacy policy, as well as Google’s privacy policy

Google Analytics

We use a tool called “Google Analytics” to collect information about use of the Site. Google Analytics collects information such as how often users visit the Site, what pages they visit when they do so, and what other sites they used prior to coming to the Site. We use the information we get from Google Analytics to improve the Pure Products, the Site, and its related features, functionality and performance. Google Analytics collects only the IP address assigned to you on the date you visit this Site, rather than your name or other identifying information. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit the Site, the cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to this Site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. You can prevent Google Analytics from recognizing you on return visits to the Site by disabling cookies on your browser.

You can set preferences for how Google advertises to you using the Google Ad Preferences page, and if you want to, you can opt out of interest-based advertising entirely by cookie settings or permanently using a browser plugin.

DoubleClick: We may use Google Analytics and Google Adwords remarketing codes to log when users view specific pages or take specific actions on a website. This allows us to provide targeted advertising in the future. If you do not wish to receive this type of advertising from us in the future you can opt out using the DoubleClick opt-out page or the Network Advertising Initiative opt-out page.

Google has additional information available about its Remarketing Privacy Guidelines, Policies, and Restrictions on its website.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal data:

  • To provide the Browser Extension.
  • To provide you the Shep Platform and the other Shep Travel Services and the content and the other products and services that you request from us.
  • To provide the Site and the content that is on it to you.
  • To process and complete transactions, including registration for the use of the Shep Platform and the other Shep Travel Services and send you related information, including the dashboard that provides travel information.
  • To provide technical and other support to you.
  • To send you promotional communications, such as providing you with information about services, features, surveys, newsletters, offers , nd events; and providing other news or information about us, our customers and our travel partners.
  • To enable Service Providers to perform certain responsibilities and provide certain services in connection with the Shep Travel Services and our business and operations.
  • To fulfill any other purpose for which you provide it.
  • To provide you with notices about your account.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • To notify you about changes to the Shep Platform, the Site, the Browser Extension and the other Shep Travel Services.
  • To enhance the safety and security of all of the Shep Travel Services.
  • To verify your identity and prevent fraud or other unauthorized or illegal activity.
  • To enable marketing, remarketing and targeted advertising and similar services from us or Service Providers, including direct and indirect marketing and on-line behavioral advertising regarding our own and third-party products and services that we believe may be of interest to you, including advertisement on third party websites. We do not market to EEA Residents.
  • To perform targeted and other advertising on third party websites.
  • In any other way we may describe when you provide the information.
  • To provide guidance on travel spending
  • To advise/consult on best practices and improvements that could be made by your company to save money or improve policy compliance
  • For any other purpose with your consent.

Some of the information that we collect automatically is statistical data and does not include personal data, but we may maintain it or associate it with personal data we collect in other ways or receive from third parties or you provide to us. It helps us to improve the Site, the Browser Extension, the Shep Platform and the other Shep Travel Services, and to deliver a better and more personalized service, including enabling us to:

  • Estimate our audience size and better understand usage patterns.
  • Store information about your preferences, enabling us to customize the Site according to your individual interests.
  • Speed up your searches.
  • Recognize you when you return to the Site and the Browser Extension.
  • Negotiate on behalf of our customers for better/discounted rates with our travel partners.

Storage and Transfer of Your Information

We may store any information that we collect (personal or otherwise) ourselves or in databases and servers owned and maintained by us, our affiliates, agents or Service Providers. If you access or use the Site, the Browser Extension, the Shep Platform or any of the other Shep Travel Services outside of the United States, information that we collect about you may be transferred to servers inside the United States and maintained indefinitely, which may involve the transfer of information out of countries located in the European Economic Area and other parts of the world unless otherwise prohibited by applicable law or agreed by Shep Travel and you. By allowing Shep Travel to collect information about you, you consent to such transfer and processing of such information without restriction. We may also store some information locally on your computer or other devices. For example, we may store information as local cache so that you can open the Site and view content faster.

Although users from all over the world may access the Site, the Browser Extension, the Shep Platform and the other Shep Travel Services, keep in mind that no matter where you live or where you happen to use our services, you consent to us processing and transferring information in and to the United States and other countries whose data-protection and privacy laws may offer fewer protections than those in your home country.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal data that we collect or you provide as described in this privacy policy:   

  • To our subsidiaries and affiliates.
  • To other users in your organization in connection with the Shep Platform or any of the other Shep Travel Services.
  • To other users of the Shep Platform.
  • To Service Providers, contractors and other third parties we use to support the Shep Travel Services and our business, including our travel partners.
  • To a potential or actual buyer. assignee or other successor (including its related advisors and agents) in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Shep Travel’ assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal data held by Shep Travel about users of the Site is among the assets that may be or are actually transferred.
  • To fulfill the purpose for which you provide it.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.

We may also disclose your data information:

  • To comply with any court order, law or legal process, including to respond to any government or regulatory request.
  • To enforce or apply the Terms and other agreements, including for billing and collection purposes.  
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Shep Travel, our customers or others.

We may share information that is anonymized or in an aggregated form that does not directly identify you and we may use and share any such information for any purpose without restriction so long as it does not violate the terms of this privacy policy or any applicable law. We may use, disclose or sell that anonymized or aggregated information without restriction so long as we do not disclose any of your personal data or violate the terms of this privacy policy or any applicable law.

Choices About How We Use and Disclose Your Personal Data

We strive to provide you with choices regarding the personal data you provide to us. We have created mechanisms to provide you with the following control over your personal data:

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that all or some parts of the Shep Travel Services, may then be inaccessible or not function properly.
  • Promotional Offers from Shep Travel. If you do not wish to have your e-mail address/contact information used by Shep Travel to market or otherwise promote our own or third parties’ products or services, you can opt-out through the unsubscribe mechanism at the bottom of the applicable email. This opt out does not apply to information provided to Shep Travel as a result of a service or product purchase, warranty registration, product service experience or other transactions.

We do not control third parties’ collection or use of your information to serve interest-based advertising. You may be able to opt out of receiving personalized advertisements from companies who are members of the Network Advertising Initiative or who subscribe to the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising. For more information about this practice and to understand your options, please visit: http://www.aboutads.info and http://www.networkadvertising.org/choices/. You may also use TRUSTe’s Preference Manager at http://preferences-mgr.truste.com

Accessing and Correcting Your Personal Data

You may change, correct or delete any personal data that you have provided to us by emailing us at hi@sheptravel.com.

Your California Privacy Rights

California Civil Code Section § 1798.83 permits users of the Site that are California residents to request certain information regarding our disclosure of personal data to third parties for their direct marketing purposes. To make such a request, please send an e-mail to hi@sheptravel.com or write to us at: Compl.ai Inc. dba Shep, 6908 Larue Belle Cv, Austin, TX 78739, USA.

European Privacy Rights for EEA Residents.

You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your personal data) if we intend to use your personal data for such purposes or if we intend to disclose your personal data to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your personal data. You can also exercise the right by contacting us directly.

In certain circumstances, you have the right to: (a) request access to any personal data we hold about you and related data, (b) obtain without undue delay the rectification of any inaccurate personal data, (c) request that your personal data be deleted provided that the personal data is not required by us for (i) compliance with a legal obligation under European or Member State law or other applicable law or (ii) the establishment, exercise or defense of a legal claim, (d) prevent or restrict processing of your personal data, except to the extent processing is required (i) to comply with a legal obligation under European Member State law or applicable law or (ii) for the establishment, exercise or defense of legal claims; and (e) request transfer of your personal data directly to a third party where this is technically feasible.

If you are an EEA Resident in France, you also have the right to set guidelines for the retention and communication of your personal data after your death.

If you reside in a jurisdiction other than the European Economic Area, you may also have similar rights to the above. Please contact us at hi@sheptravel.com if you would like to exercise one of these rights, and we will comply with any request to the extent required under applicable law.

In addition, where you believe that we have not complied with its obligation under this Privacy Policy or European law, you have the right to make a complaint to an EU Data Protection Authority, such as the UK Information Commissioner’s Office.

You can exercise any of these rights by contacting us at hi@sheptravel.com or write to us at: Compl.ai Inc. dba Shep, 6908 Larue Belle Cv, Austin, TX 78739.

How Long We Store Your Personal Data

We will only retain your personal data, in a form which permits us to identify you, for as long as necessary to fulfil the purposes we collected it for. We will retain and use your personal data as necessary to satisfy any legal, accounting or reporting requirements, to resolve disputes or to enforce our agreements and rights.

Data Security

We understand that the security of your personal data is important. We provide reasonable administrative, technical, and physical security controls to protect your personal data.  However, despite our efforts, no security controls are 100% effective. Shep Travel cannot ensure or warrant the security of your personal data. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site or through the Browser Extension.

The safety and security of your data also depends on you. Where you have chosen (or we have given you) a password for access to and use of certain parts of the Site, the Browser Extension, the Shep Platform and/or the other Shep Travel Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of any of the Shep Travel Services. The information you share in public areas may be viewed by any other user of the Shep Travel Services.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page with a notice that the privacy policy has been updated on the home pages of the Site for at least 30 days. If we make material changes to how we treat our users’ personal data that are materially less protective than provided in this policy, we will use reasonable efforts to notify you by e-mail to the e-mail address specified in your account and/or through a notice on the home pages of the Site and to attempt to get your consent to the changes. The date the privacy policy was last updated is identified above. You are responsible for ensuring that we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting the Site and this privacy policy to check for any changes.  Like our Terms, of which this privacy policy is a part, your use, and/or continued use after our efforts to contact you, of the Site, the Browser Extension, the Shep Platform or any of the other Shep Travel Services, means that you agree to be bound by such changes.

Survival

The policies indicated in this privacy policy will remain effective, even if the Terms and the other agreements between us are terminated and you are no longer using the Site, the Browser Extension, the Shep Platform or any of the other Shep Travel Services.

 Contact Information

To ask questions or comment about this privacy policy and our privacy practices or need to reach us for any other reason, you may contact us by e-mail at hi@sheptravel.com or by mail at Compl.ai Inc. dba Shep, 6908 Larue Belle Cv, Austin, TX 78739.

© Copyright Compl.ai Inc. dba Shep 2020

Shep Travel Privacy Policy

Last updated: March 31, 2020

Archived: August 10, 2020

Compl.ai Inc. dba Shep (“Shep Travel,” “we,” “our” or “us”) respects your privacy and is committed to protecting it through our compliance with this privacy policy. This privacy policy explains our policies and procedures regarding the collection, use, disclosure, and security of certain information that we receive, with a focus on information that would be considered “personal data” within the meaning of the EU General Data Protection Regulation (“GDPR”). As used in this privacy policy, “personal data” refers information about an identified or identifiable individual, such as their name or email address.

Shep Travel offers a simple way for companies to create a travel policy, guide team bookings on top of consumer travel sites and track expenses as they happen through a lightweight browser extension (as modified from time to time, the “Shep Platform”).

For the purposes of the GDPR, Shep Travel is considered the data controller. This means that we are responsible for deciding how we use the information that we hold. We are a Delaware corporation registered in the United States with an office at Compl.ai Inc. dba Shep, 6908 Larue Belle Cv, Austin, TX 78739.

The GDPR applies to you if you are located in the European Economic Area, the United Kingdom or Switzerland (an “EEA Individual”).

Please note that by visiting or using https://www.sheptravel.com/ (the “Site”), the Chrome browser extension (the “Browser Extension”) and the various related services, features, functions, software, applications, websites and networks associated with the Shep Platform, including our travel partners’ websites and services (together with the Shep Platform, the Site and the Browser Extension, collectively, the “Shep Travel Services”), you are accepting the practices described in this privacy policy, subject to any rights or restrictions that might apply under the GDPR if you are an EEA Individual, including the rights described in the European Privacy Rights for EEA Individuals provisions below. This privacy policy is incorporated by reference into the Terms and Conditions that govern your use of the Shep Platform and the other Shep Travel Services (the “Terms”).

This policy describes the types of information we may collect from you or that you may provide when you access or use the Shep Platform, the Site, the Browser Extension, the other Shep Travel Services or any of the other features, functions, services, and products, including our travel partners’ services and products, and our practices for collecting, using, maintaining, protecting and disclosing that information.

This policy applies to information we collect or may collect:

  • In accessing and using the Site and the Browser Extension.
  • In registering to use and to create an account for the Shep Platform.
  • In accessing and using the Shep Platform and the other Shep Travel Services.
  • In searching for flights, hotels, rental cars, and other travel services.
  • When you interact with airlines, hotels, rental cars, booking and reservation services, and other travel-related companies in connection with the Shep Platform.
  • In e-mail, text and other electronic messages sent through or use of the Site, the Shep Platform, and the other Shep Travel Services.
  • When you send any content through the Site, the Shep Platform or any of the other Shep Travel Services.
  • Through services provided to us or to you by third-party companies, agents or contractors, including our travel partners.

It does not apply to information collected by:

  • Us offline or through any other means, including on any other website operated by Shep Travel or any third party; or
  • Any third party, including through any link that may be accessible from or on the Shep Platform, the Site, the Browser Extension or any of the other Shep Travel Services.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your only choice is not to use the Shep Platform or any of the other Shep Travel Services. By accessing or using any of the Shep Travel Services, you agree to this privacy policy. This policy may change from time to time. Your continued use of the Shep Platform, the Site, the Browser Extension and/or any of the other Shep Travel Services, after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Minors under the Age of 18

None of the Shep Travel Services are intended for minors under 18 years of age. No one under age 13 may provide any information on or through the Site, the Shep Platform or the other Shep Travel Services. We do not knowingly collect personal data from children under 13. If you are under 13, do not use or provide any information on or through any of the Shep Travel Services or any of its features or register on the Site, use any of the interactive or public comment features of any of the Shep Travel Services or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name, username you may use or any pictures of you. If we learn we have collected or received personal data from a child under 13 without verification of parental consent, we will delete that information. If you believe that we might have any information from or about a child under 13, please contact us at hi@sheptravel.com.

Information We Collect About You and How We Collect It

We collect or may collect several types of information from and about users of the Shep Platform, the Site, the Browser Extension and the other Shep Travel Services, including:

  • Information by which you may be personally identified, including personal data such as name, birthdate, job function, work telephone number and e-mail address;
  • Slack organization details and team identification;
  • Your IP Address, including when you create an account;
  • Travel booking data on or through the Shep Platform, including the total amount spent on travel, destinations and passenger information;
  • Travel search and navigation history on or through the Shep Platform, including all visited URLs;
  • Billing information, including the address for billing and billing contact information;
  • Information that is about you but individually does not identify you, such as the date and time of visit;
  • Usage details and information, including how you communicate with other users of the Site, the Browser Extension, the Shep Platform and the other Shep Travel Services, such as the time, date, sender and your interactions with messages (such as when you open a message);
  • Device, internet and mobile information such as the hardware model, operating system version, unique device identifiers, browser type, language, wireless network, and mobile network information (including the mobile phone number);
  • Information that you provide by registering, creating accounts or filling in forms or applications on or through the Shep Platform and the other Shep Travel Services, including information provided in connection with registering to access and use the Shep Platform;
  • When you report a problem with any of the Shep Travel Services;
  • Records and copies of your correspondence (including e-mail addresses), if you contact us; and/or
  • Details of transactions you carry out through the Shep Platform, the Site, the Browser Extension and any of the other Shep Travel Services.

We collect this information:

  • Directly from you when you provide it to us.
  • Automatically as you navigate through or use the Shep Platform, the Site, the Browser Extension or any of the other Shep Travel Services.
  • From third parties, such as our customers, business partners and other third parties that provide us or you with certain services, including our travel partners.

Certain transactions may also involve you calling us or our calling you. Please be aware that we may monitor, and in some cases, record such calls for staff training or quality assurance purposes.

Data Minimization

We take every reasonable step to limit the volume of your personal data that we process to what is reasonably necessary.

We do not Engage in Automated Decision-making without Human Intervention

We do not use automated decision-making without human intervention, including profiling, in a way that produces legal effects concerning you or otherwise significantly affects you.

Consequences of not providing Personal Data

You are not required to provide all personal data identified in this policy to use our Site or to interact with us offline, but certain functionality will not be available if you do not provide personal data.  In addition, if you do not provide the personal data, we may not be able to respond to your requests, provide the Shep Travel Services or access to the Shep Platform, or provide you with marketing that we believe you would find valuable.

Use of Cookies and Other Tracking Technologies.

The technologies we use for automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of the Site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to the Site.

Do Not Track Policy

Your web browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and across different websites. We do not honor any web browser “Do Not Track” signals or other mechanisms that provide you with the ability to exercise choice regarding the collection of personally identifiable information about your online activities over time and across third-party websites or online services. At present, no universally accepted standards exist on how companies should respond to do-not-track signals. In the event a final universally accepted standard is established, we will assess and provide an appropriate response to these signals

Third-party Responsibilities and Services.

We may use or partner with other third-party companies, agents or contractors for various purposes in connection with our business and operations (“Service Providers”), including, travel partners, such as travel management companies, travel agents, online travel agencies, and travel product suppliers, CRM, invoicing and payment processing, support, relationship building, the marketing and growth of our business and the performance of services on our behalf, such as gathering and analyzing information and the provision of services to you. In the course of performing these responsibilities and providing such services, these other companies may have access to your information. We may also share information, including your information, with these Services Providers in order to enable them to perform these responsibilities and to provide these services.  These Services Providers may have adopted their own privacy policies, which are not subject to control by Shep Travel. You should always review the policies of these Service Providers to make sure that you are comfortable with the ways in which they collect, use, maintain, protect and disclose your information. We do not list our current Service Providers because they change from time to time. If you would like the names of any of Service Providers, please email us at hi@sheptravel.com.

The Service Providers may also transmit cookies to your computer or device when you click on ads that appear on or through the Service.

As a convenience to you, we may also provide links to other third-parties from within our Service. If you click on one of these links, you will be redirected to that third-party’s site (via affiliate cookies) and such third party may also transmit cookies to you. We do not have any control over that or how they collect, use, maintain, protect and disclose your information. Please be aware that cookies placed by third parties may continue to track your activities online even after you are no longer using any the Shep Travel Services, and those third parties may not honor “Do Not Track” requests you have set using your web browser.

Shep may receive compensation from these Service Providers and other third parties.

HubSpot

The Site uses a HubSpot tracking code which uses cookies or similar technologies that track a user’s interaction with the Site. HubSpot also tracks browser-provided information such as inferred region, IP address, and return visits.

For more information about HubSpot’s Privacy Policy, click here.

Use of Remarketing with Google Ads, Google Analytics and other Remarking and Analytic Services

We use or may in the future use a variety of remarketing and analytic services including:

Google Ads

The Site uses Google AdWords to advertise on third party websites to previous visitors to our site. It could mean that we advertise to previous visitors who haven’t completed a task on our site, for example using the contact form to make an inquiry. This could be in the form of an advertisement on the Google search results page or a site in the Google Display Network Third-party vendors, including Google, use cookies to serve ads based on someone’s past visits to the Site. Of course, any data collected will be used in accordance with this privacy policy, as well as Google’s privacy policy.

Google Analytics

We use a tool called “Google Analytics” to collect information about use of the Site. Google Analytics collects information such as how often users visit the Site, what pages they visit when they do so, and what other sites they used prior to coming to the Site. We use the information we get from Google Analytics to improve the Pure Products, the Site, and its related features, functionality and performance. Google Analytics collects only the IP address assigned to you on the date you visit this Site, rather than your name or other identifying information. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit the Site, the cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to this Site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. You can prevent Google Analytics from recognizing you on return visits to the Site by disabling cookies on your browser.

You can set preferences for how Google advertises to you using the Google Ad Preferences page, and if you want to, you can opt out of interest-based advertising entirely by cookie settings or permanently using a browser plugin.

DoubleClick: We may use Google Analytics and Google Adwords remarketing codes to log when users view specific pages or take specific actions on a website. This allows us to provide targeted advertising in the future. If you do not wish to receive this type of advertising from us in the future you can opt out using the DoubleClick opt-out page or the Network Advertising Initiative opt-out page.

Google has additional information available about its Remarketing Privacy Guidelines, Policies, and Restrictions on its website.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal data:

  • To provide the Browser Extension.
  • To provide you the Shep Platform and the other Shep Travel Services and the content and the other products and services that you request from us.
  • To provide the Site and the content that is on it to you.
  • To process and complete transactions, including registration for the use of the Shep Platform and the other Shep Travel Services and send you related information, including the dashboard that provides travel information.
  • To provide technical and other support to you.
  • To send you promotional communications, such as providing you with information about services, features, surveys, newsletters, offers and events; and providing other news or information about us, our customers and our travel partners.
  • To enable Service Providers to perform certain responsibilities and provide certain services in connection with the Shep Travel Services and our business and operations.
  • To fulfill any other purpose for which you provide it.
  • To provide you with notices about your account.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • To notify you about changes to the Shep Platform, the Site, the Browser Extension and the other Shep Travel Services.
  • To enhance the safety and security of all of the Shep Travel Services.
  • To verify your identity and prevent fraud or other unauthorized or illegal activity.
  • To enable marketing, remarketing and targeted advertising and similar services from us or Service Providers, including direct and indirect marketing and on-line behavioral advertising regarding our own and third-party products and services that we believe may be of interest to you, including advertisement on third party websites. We do not market to EEA Individuals.
  • To perform targeted and other advertising on third party websites.
  • In any other way we may describe when you provide the information.
  • To provide guidance on travel spending
  • To advise/consult on best practices and improvements that could be made by your company to save money or improve policy compliance
  • For any other purpose with your consent.

Some of the information that we collect automatically is statistical data and does not include personal data, but we may maintain it or associate it with personal data we collect in other ways or receive from third parties or you provide to us. It helps us to improve the Site, the Browser Extension, the Shep Platform and the other Shep Travel Services, and to deliver a better and more personalized service, including enabling us to:

  • Estimate our audience size and better understand usage patterns.
  • Store information about your preferences, enabling us to customize the Site according to your individual interests.
  • Speed up your searches.
  • Recognize you when you return to the Site and the Browser Extension.
  • Negotiate on behalf of our customers for better/discounted rates with our travel partners.

Storage and Transfer of Your Information

We may store any data or other information that we collect (personal or otherwise) ourselves or in databases and servers owned and maintained by us, our affiliates, agents or Service Providers. If you access or use the Site, the Browser Extension, the Shep Platform or any of the other Shep Travel Services outside of the United States, information that we collect about you may be transferred to servers inside the United States and maintained indefinitely, which may involve the transfer of information out of countries located in the European Economic Area and other parts of the world unless otherwise prohibited by applicable law or agreed by Shep Travel and you. By allowing Shep Travel to collect information about you, you consent to such transfer and processing of such information without restriction. We may also store some information locally on your computer or other devices. For example, we may store information as local cache so that you can open the Site and view content faster.

Although users from all over the world may access the Site, the Browser Extension, the Shep Platform and the other Shep Travel Services, keep in mind that no matter where you live or where you happen to use our services, you consent to us processing and transferring information in and to the United States and other countries whose data-protection and privacy laws may offer fewer protections than those in your home country.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not include any personal data, without restriction.

We may disclose personal data that we collect or you provide as described in this privacy policy:   

  • To our subsidiaries and affiliates.
  • To other users in your organization in connection with the Shep Platform or any of the other Shep Travel Services.
  • To other users of the Shep Platform.
  • To Service Providers, contractors and other third parties we use to support the Shep Travel Services and our business, including our travel partners.
  • To a potential or actual buyer. assignee or other successor (including its related advisors and agents) in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Shep Travel’ assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal data held by Shep Travel about users of the Site is among the assets that may be or are actually transferred.
  • To fulfill the purpose for which you provide it.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.

We may also disclose your data information:

  • To comply with any court order, law or legal process, including to respond to any government or regulatory request.
  • To enforce or apply the Terms and other agreements, including for billing and collection purposes.  
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Shep Travel, our customers or others.

We may share information that is anonymized or in an aggregated form that does not include any personal data about you and we may use and share any such information for any purpose without restriction so long as it does not violate the terms of this privacy policy or any applicable law. We may use, disclose or sell that anonymized or aggregated information without restriction so long as we do not disclose any of your personal data or violate the terms of this privacy policy or any applicable law.

Choices About How We Use and Disclose Your Personal Data

We strive to provide you with choices regarding the personal data you provide to us. We have created mechanisms to provide you with the following control over your personal data:

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that all or some parts of the Shep Travel Services, may then be inaccessible or not function properly.
  • Promotional Offers from Shep Travel. If you do not wish to have your e-mail address/contact information used by Shep Travel to market or otherwise promote our own or third parties’ products or services, you can opt-out through the unsubscribe mechanism at the bottom of the applicable email. This opt out does not apply to information provided to Shep Travel as a result of a service or product purchase, warranty registration, product service experience or other transactions.

We do not control third parties’ collection or use of your information to serve interest-based advertising. You may be able to opt out of receiving personalized advertisements from companies who are members of the Network Advertising Initiative or who subscribe to the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising. For more information about this practice and to understand your options, please visit: http://www.aboutads.info and http://www.networkadvertising.org/choices/. You may also use TRUSTe’s Preference Manager at http://preferences-mgr.truste.com.

Our Legal Bases for Handling Your Personal Data

GDPR and the laws in some other jurisdictions require companies to tell you about the legal bases that they rely on to use or disclose your personal data. To the extent that those laws apply, we rely on the following legal grounds to process your personal data:

  • Performance of a contract: In most cases, we collect and use your personal data and other information to meet our obligations under a contract to which you are a party or pursuant to which we are providing services to you. For example, when you use our Shep Platform or the other Shep Travel Services, we will use your personal data to respond to your requests and to provide you with these services.
  • Legitimate interests: We may use your personal data information for our legitimate interests on the grounds that it furthers our legitimate interests in commercial activities (but only to the extent that such interests are overridden by the interests or fundamental rights and freedoms of the affected individuals) including:
  • Analyzing and improving the Shep Platform, the other Shep Travel Services and our business
  • Providing the services pursuant to our contracts with our clients
  • Marketing
  • Legal compliance: We may use and disclose personal data in certain ways to comply with our legal obligations under European or Member State law or other applicable law.
  • Consent:  To the extent required by law, and in certain other cases, we handle personal data on the basis of implied or express consent.

Accessing and Correcting Your Personal Data

You may change, correct or delete any personal data that you have provided to us by emailing us at hi@sheptravel.com.

For Individuals in the EEA, United Kingdom, and Switzerland: Privacy Shield

Shep Travel complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data transferred from the European Union, United Kingdom, and Switzerland to the United States pursuant to Privacy Shield. Shep Travel has certified that it adheres to the Privacy Shield Principles with respect to such data. If there is any conflict between the policies in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.

Shep Travel is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission.

In compliance with the Privacy Shield Principles, Shep Travel commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to Privacy Shield. European Union, UK, and Swiss individuals with Privacy Shield inquiries or complaints should first contact Shep Travel by email at hi@sheptravel.com

Shep Travel has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit http://www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint. This service is provided free of charge to you.

If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction.

EEA Individuals whose personal data is covered by this privacy policy have the right to access the personal data that Shep Travel maintains about them and to correct, amend or delete such personal data if it is inaccurate or has been processed in violation of the Principles (except when the burden or expense of providing access, correction, amendment, or deletion would be disproportionate to the risks to the Data Subject’s privacy, or where the rights of persons other than the Data Subject would be violated). Requests for access, correction, amendment or deletion should be sent to: hi@sheptravel.com.

If personal data covered by this privacy policy is to be used for a new purpose that is materially different from that for which the personal data was originally collected or subsequently authorized, or is to be disclosed to a non-agent third party, Shep Travel will provide Data Subjects with an opportunity to choose whether to have their personal data so used or disclosed. To the extent required by the Privacy Shield Principles, Shep Travel obtains opt-in consent for certain uses and disclosures of Sensitive Data (as defined in the GDPR).

Consistent with the Privacy Shield Principles, Shep Travel may transfer personal data to third parties, including transfers from one country to another.  We will only disclose an individual’s non-public personal data to third parties under one or more of the following conditions:

  • With the individual’s permission to make the disclosure.
  • Where required to the extent necessary to meet a legal obligation to which Shep Travel is subject, including a lawful request by public authorities and national security or law enforcement obligations and applicable law, rule, order, or regulation.
  • Where reasonably necessary for compliance or regulatory purposes, or for the establishment of legal claims.
  • The disclosure is to Service Providers (as described above), to our customers and/or to certain employees in connection with the operation of our business, and as consistent with the purpose for which the personal data was collected. We maintain written contracts with these third parties and require that these third parties provide at least the same level of privacy protection and security as required by the Privacy Shield Principles.

To the extent provided by the Privacy Shield Principles, Shep Travel remains responsible and liable under the Privacy Shield Principles if a third-party that it engages to process personal data on its behalf does so in a manner inconsistent with the Privacy Shield Principles, unless Shep Travel proves that it is not responsible for the matter giving rise to the damage.

Your California Privacy Rights

California Civil Code Section § 1798.83 permits users of the Site that are California residents to request certain information regarding our disclosure of personal data to third parties for their direct marketing purposes. To make such a request, please send an e-mail to hi@sheptravel.com or write to us at: Compl.ai Inc. dba Shep, 6908 Larue Belle Cv, Austin, TX 78739, USA.

European Privacy Rights for EEA Individuals.

You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your personal data) if we intend to use your personal data for such purposes or if we intend to disclose your personal data to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your personal data. You can also exercise the right by contacting us directly.

If you are an EEA Individual and GDPR applies and we hold your personal data in our capacity as a controller, you may request that we:

  • Provide access to and/or a copy of certain personal data (including, in some cases, in portable form);
  • Prevent the processing of your personal data for direct-marketing purposes (including any direct marketing processing based on profiling);
  • Update personal data that is out of date or incorrect;
  • Delete certain personal data which we are holding about you; provided that the personal data is not required by us for (i) compliance with a legal obligation under European or Member State law or other applicable law or (ii) the establishment, exercise or defense of a legal claim;
  • Object to our processing of personal data;
  • Restrict the way that we process and disclose certain of your information except to the extent that processing is required (i) to comply with a legal obligation under European Member State law or applicable law or (ii) for the establishment, exercise or defense of legal claims;
  • Transfer your personal data to a third party to the extent that this is technically feasible; and
  • Honor a revocation of your consent for the processing of your personal data (without retroactive effect).

We will consider all requests and provide our response within the time period required by applicable law. Please note, however, that certain information may be exempt from such requests in some circumstances, which may include if we need to keep processing your information for our legitimate interests or to comply with a legal obligation. We may request you provide us with additional information to confirm your identity before responding to your request. You have the right to lodge a complaint with the authorities applicable to your situation, though we invite you to contact us with any concern, as we would be happy to try to resolve it directly. You may also have the right to make a GDPR complaint to the relevant Supervisory Authority. A list of Supervisory Authorities is available here:  https://edpb.europa.eu/about-edpb/board/members_en.

If you are an EEA Individual in France, you also have the right to set guidelines for the retention and communication of your personal data after your death.

If you reside in a jurisdiction other than the European Economic Area, you may also have similar rights to the above. Please contact us at hi@sheptravel.com if you would like to exercise one of these rights, and we will comply with any request to the extent required under applicable law.

In addition, where you believe that we have not complied with its obligation under this Privacy Policy or European law, you have the right to make a complaint to an EU Data Protection Authority, such as the UK Information Commissioner’s Office.  Here is a list of local data protection authorities in EEA countries.

You can exercise any of these rights by contacting us at hi@sheptravel.com or write to us at: Compl.ai Inc. dba Shep, 6908 Larue Belle Cv, Austin, TX 78739.

How Long We Store Your Personal Data

We will only retain your personal data, in a form  which permits us to identify you, for as long as necessary to fulfill the purposes we collected it for. We will retain and use your personal data as necessary to satisfy any legal, accounting or reporting requirements, to resolve disputes or to enforce our agreements and rights. To dispose of personal data, we may anonymize it, delete it or take other appropriate steps. Data may persist in copies made for backup and business continuity purposes for additional time.

Data Security

We understand that the security of your personal data is important. We provide reasonable administrative, technical, and physical security controls to protect your personal data.  However, despite our efforts, no security controls are 100% effective. Shep Travel cannot ensure or warrant the security of your personal data. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site or through the Browser Extension.

The safety and security of your data also depends on you. Where you have chosen (or we have given you) a password for access to and use of certain parts of the Site, the Browser Extension, the Shep Platform and/or the other Shep Travel Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of any of the Shep Travel Services. The information you share in public areas may be viewed by any other user of the Shep Travel Services.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page with a notice that the privacy policy has been updated on the home pages of the Site for at least 30 days. If we make material changes to how we treat our users’ personal data that are materially less protective than provided in this policy, we will use reasonable efforts to notify you by e-mail to the e-mail address specified in your account and/or through a notice on the home pages of the Site and to attempt to get your consent to the changes. The date the privacy policy was last updated is identified above. You are responsible for ensuring that we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting the Site and this privacy policy to check for any changes.  Like our Terms, of which this privacy policy is a part, your use, and/or continued use after our efforts to contact you, of the Site, the Browser Extension, the Shep Platform or any of the other Shep Travel Services, means that you agree to be bound by such changes.

Survival

The policies indicated in this privacy policy will remain effective, even if the Terms and the other agreements between us are terminated and you are no longer using the Site, the Browser Extension, the Shep Platform or any of the other Shep Travel Services.

 Contact Information

To ask questions or comment about this privacy policy and our privacy practices or need to reach us for any other reason, you may contact us by e-mail at hi@sheptravel.com or by mail at Compl.ai Inc. dba Shep, 6908 Larue Belle Cv, Austin, TX 78739.

© Copyright Compl.ai Inc. dba Shep 2020

Shep Travel Terms and Conditions

Last updated: September 27, 2019

Archived: March 24, 2020

Welcome to Shep Travel. Shep Travel offers a simple platform for companies to create a travel policy, guide team bookings on top of consumer travel sites and track expenses as they happen through a lightweight browser extension (as modified from time to time, the “Shep Travel Platform”). The website at https://www.sheptravel.com/ (the “Site”), and the Chrome browser extension (the “Browser Extension”) and the various other related services, dashboards, features, functions, software, applications, websites and networks (together with the Shep Travel Platform, the Site, the Browser Extension and the Browser Extension, collectively the “Shep Travel Services”) are provided and operated, and are being made available to you and the other companies and users of any of the Shep Travel Services (collectively, “Users”) by Compl.ai Inc. dba Shep (“Shep Travel”, “us” or “we”). All defined terms used herein shall have the meanings prescribed to these terms in these Terms and Conditions.

IMPORTANT! THESE TERMS AND CONDITIONS (“TERMS”) GOVERN YOUR USE OF THE SHEP TRAVEL PLATFORM, THE SITE, THE BROWSER EXTENSION AND THE OTHER SHEP TRAVEL SERVICES.  IF YOU ARE AGREEING TO THESE TERMS ON BEHALF OF YOUR COMPANY, REFERENCES TO “YOU” OR “YOUR” SHALL MEAN YOU, YOUR COMPANY AND ANY OTHER USER ACCESSING AND USING THE SHEP TRAVEL PLATFORM ON BEHALF OF SUCH COMPANY. BY CLICKING “I AGREE”, DOWNLOADING THE BROWSER EXTENSION, OR USING, CONFIGURING OR ACCESSING THE SHEP TRAVEL PLATFORM, THE SITE, THE BROWSER EXTENSION OR ANY OF THE OTHER SHEP TRAVEL SERVICES, OR OTHERWISE SIGNIFYING YOUR ACCEPTANCE OF THESE TERMS, YOU REPRESENT AND WARRANT THAT (A) YOU ARE AUTHORIZED TO ENTER THESE TERMS AND CONDITIONS FOR AND ON BEHALF OF YOURSELF (AND YOUR COMPANY), AND ARE DOING SO, (B) YOU (AND YOUR COMPANY) CAN LEGALLY ENTER INTO THESE TERMS AND (C) YOU HAVE READ AND UNDERSTAND AND AGREE THAT YOU (AND YOUR COMPANY) SHALL BE BOUND BY THESE TERMS AND CONDITIONS AND SHEP TRAVEL’S PRIVACY POLICY (HTTPS://WWW.SHEPTRAVEL.COM/PRIVACYPOLICY/) (THE “PRIVACY POLICY”) AND ALL MODIFICATIONS AND ADDITIONS PROVIDED FOR. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, PLEASE DO NOT USE ANY OF THE SHEP TRAVEL SERVICES.

These Terms contain an Arbitration provision which will, with limited exception, require you to submit disputes you have against Shep Travel to binding and final arbitration. You will only be permitted to pursue claims against Shep Travel on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

  1. Eligibility.

To access and use the Shep Travel Platform, the Site, the Browser Extension and the other Shep Travel Services, you and each of the other Users must be at least 18 years of age. By accessing or using the Shep Travel Platform, clicking the “I Agree” button or by downloading, installing or otherwise accessing or using any of the Shep Travel Services, you represent that:

  • You satisfy the eligibility requirements and have not been previously suspended or removed from the Shep Travel Platform or any of the other Shep Travel Services or prohibited from accessing and using the Shep Travel Platform;
  • You confirm that you are of legal age to form a binding contract with Shep Travel; and
  • You will comply with these terms and all applicable local, state, national and international laws, rules and regulations.
  1. Privacy.

Your privacy is important to Shep Travel. Our goal is to make the Shep Travel Services as good, useful and rewarding for you as possible. In order to do that, Shep Travel may collect and process information from you when you use the Shep Travel Platform or any of the other Shep Travel Services. Shep Travel will collect certain personally identifiable information from you as set forth in more detail in our Privacy Policy. By accessing and using the Shep Travel Platform and the other Shep Travel Services, you agree that Shep Travel may collect, use and disclose, as set forth in the Privacy Policy, the information you provide during your access to or use of any of the Shep Travel Platform or any of the other Shep Travel Services, and in some cases information that is provided by or through any of the Shep Travel Services.

  1. License Grant; Unauthorized Use.

3.1 LICENSE GRANT.

Subject to your compliance with all of the terms and conditions set out in these Terms, Shep Travel hereby grants to you a limited, non-exclusive, non-transferable, freely revocable license (a) to download, install and use the Browser Extension on your computer and (b) to access and use the Shep Travel Platform and the other Shep Travel Services to the extent and in accordance with these Terms.

3.2 PREVENTION OF UNAUTHORIZED USE.

Shep Travel reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Shep Travel Platform, the Browser Extension or any of the other Shep Travel Services, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.

  1. The Shep Travel Platform

4.1 GENERAL

(a)        You can use the Shep Travel Platform to create a travel policy for the Users. This travel policy will guide the Users and help them make the right decisions when booking flights, hotels, etc.

(b)        You understand that the Shep Travel Platform works only with our partner travel sites. Our current partner travel sites are available upon request.

4.2 OPEN SIGNUP AND ACCOUNT

(a)        If your company (the “Company”) wishes to access and use the Shep Travel Platform and the other Shep Travel Services, the administrator for the Company (the “Administrator”) must complete the initial sign-up process and create an account. When creating an account, the Administrator will be required to (a) to provide us certain information such as the name of the Company and your name, job function and e-mail address and (b) to create a password.

After completion, the Administrator will receive an email to verify his or her email address.

Once the Administrator has verified his or email, the Administrator will be taken to a page where he or she can invite other Users from the Company.

The Administrator will be considered the contact person in connection with the Shep Travel Services for all purposes, including invoices and notices unless the Company designates someone else in writing to be the contact person.

(b)        Each invited User must complete the initial sign-up process and create an account. When creating an account, the User will be required to (a) to provide us certain information such as your name, job function and e-mail address and (b) to create a password.

(c)        Any User can invite other Users.

(d)        Only Users that are employees or contractors of the Company may be invited to access and use the Shep Travel Platform.

4.2 DASHBOARD AND ALERTS

(a)        The Administrator and other authorized Users will have access to the Company’s dashboard. The dashboard provides useful information for the Company in real time, including, all Transactions (as defined below), amounts being spent, by whom and where, and deviations from the Company’s travel policy.

(b)        If a User completes a Transaction that deviates from the Company’s travel policy, the Administrator and any other designated recipient will be promptly alerted.

4.3 FEES.

(a)        Transaction Fee. Shep may charge a fee (the “Fee”) for each transaction involving the Shep Travel Platform, including the purchase of a hotel, a flight, a car rental, etc. (collectively, a “Transaction”). The current Fees are available upon request.

The Fees shall apply whether or not any Transaction is later changed or cancelled.

(b)        Payment. After each month, Shep Travel will send an invoice to the Administrator for the Fees for all Transactions completed by Users of the Company. If the Fees for any month are less than $100 dollars, then Shep Travel may wait to send an invoice until the aggregate fees are at least $100. The invoices must be paid no later than thirty (30) days after receipt. Payment can be made by credit or debit card or ACH.

If an invoice includes any Fee for a Transaction that was personal, please contact Shep Travel at hi@sheptravel.com.

(c)        Modification to the Fees. Subject to Section 8, Shep Travel may modify the Fees and any other fees in connection with the Shep Travel Platform and any of the other Shep Travel Services in its sole discretion.

(d)        Taxes. To the extent that any sales, use or other similar taxes are payable by Shep Travel in connection with the Shep Travel Platform, the Customer shall be obligated to pay to Shep Travel the amount of such taxes in addition to any other amounts owing to Shep Travel.

(e)        Future Services. In paying any of the Fees, you acknowledge and agree that you are not relying on future availability of the Shep Travel Platform or any of the other Shep Travel Services.

(f)        Non-refundable. ALL FEES ARE NON-REFUNDABLE, NON-CANCELLABLE AND NON-CREDITABLE UNLESS REQUIRED BY LAW OR AS OTHERWISE SPECIFICALLY PROVIDED IN THIS AGREEMENT OR AGREED BY SHEP TRAVEL IN ITS SOLE DISCRETION.

  1. Additional Policies.

When using the Shep Travel Platform and any of the other Shep Travel Services, you will be subject to any additional posted policies, guidelines or rules applicable to the Site, the Browser Extension, the Shep Travel Platform and the other Shep Travel Services and features which may be posted from time to time (as added or modified from time to time, the “Policies”). All such Policies are hereby incorporated by reference into these Terms.

  1. Respecting other People’s Rights. 

Shep Travel respects the rights of others and so should you. You therefore may not post or send information that:

  • violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual property right;
  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by Shep Travel in its sole discretion;
  • is false, misleading, untruthful or inaccurate;
  • includes anyone’s identification documents or sensitive financial information
  • impersonates any person or entity, including any of Shep Travel’s employees or representatives; or
  • spams or solicits any Users.
  1. Account Security.

When you access and use the Shep Travel Platform or any of the other Shep Travel Services, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and mobile devices, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to Shep Travel when creating an account and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times.

If you change or deactivate the email that you used to create a Shep Travel account, you must contact Shep Travel at hi@sheptravel.com to update your account information within 72 hours to prevent us from sending to someone else messages intended for you.

If at any time you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any payment information, if applicable), then you shall immediately notify Shep Travel at hi@sheptravel.com. You may be liable for the losses incurred by Shep Travel or others due to any unauthorized use of your account or any of the Shep Travel Services.

  1. Modification of these Terms.

Shep Travel reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms to the Site, the Browser Extension or otherwise through the Shep Travel Services.  If Shep Travel updates these Terms, it will update the “last updated” date at the top of the Terms.  Please check these Terms, including any Policies, periodically for changes. Your continued use of the Shep Travel Platform after the posting of changes constitutes your binding acceptance of such changes. In the event that a change to these Terms materially modifies your rights or obligations (including applicable Fees), Shep Travel will make reasonable efforts to notify you of such change. Shep Travel may provide notice through a pop-up or banner within any of the Shep Travel Services, by sending an email to any address you may have used to register for an account, or through other similar mechanisms. Additionally, if the changed Terms materially modify your rights or obligations, Shep Travel may require you to provide consent by accepting the changed Terms. If Shep Travel requires your acceptance of the changed Terms, changes are effective only after your acceptance. For all other changes, except as stated elsewhere by Shep Travel, such amended Terms or fees will automatically be effective, replacing the previously-effective Terms or fees, thirty (30) days after they are initially posted on any of the Shep Travel Services.  IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE SHEP TRAVEL PLATFORM AND ALL OF THE OTHER SHEP TRAVEL SERVICES.

To the extent that any modifications to the Terms or Policies are not allowed under applicable laws, the prior most recent version of the Terms or Policies shall continue to apply.

  1. Digital Millennium Copyright Act.

It is Shep Travel’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. If you file a notice with our copyright agent, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). Shep Travel reserves the right to terminate without notice any User’s access to the Shep Travel Platform and the other Shep Travel Services if that User is determined by Shep Travel to be a “repeat infringer.” In addition, Shep Travel accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.

  1. Prohibited Conduct.

BY USING THE SHEP TRAVEL PLATFORM OR ANY OF THE OTHER SHEP TRAVEL SERVICES YOU AGREE NOT TO:

10.1 Decipher, decompile, disassemble, reverse engineer, modify, translate, reverse engineer or otherwise attempt to derive source code, algorithms, tags, specifications, architectures, structures or other elements of the Shep Travel Platform or any of the other Shep Travel Services, in whole or in part (except to the extent that the laws of your jurisdiction make such restrictions unenforceable);

10.2 Use the Shep Travel Platform or any of the other Shep Travel Services for the benefit of anyone other than you or your Company, including selling, reselling, distributing, hosting, leasing, renting, licensing or sublicensing, in whole or in part, the Shep Travel Platform or any of the other Shep Travel Services for hosting or time-sharing services, or as part of a service bureau or outsourcing offering;

10.3 Provide any services to any third party using the Shep Travel Platform or any of the other Shep Travel Services except in accordance with these Terms;

10.4 Develop or create (a) any derivative work of the Shep Travel Platform or any of the other Shep Travel Services or (b) any other platform or service to the extent intended to compete with the Shep Travel Platform and/or and other the other Shep Travel Services;

10.5 Reproduce (except as expressly permitted herein), modify, adapt, translate or otherwise make any changes to any of the Shep Travel Services or any part thereof;

10.6 Copy, disclose, or distribute any data available on or through the Shep Travel Platform or any of the other Shep Travel Services, in any medium, including without limitation, by any automated or non-automated “scraping;”

10.7 Interfere with, circumvent or disable any security or other technological features or measures of any of the Shep Travel Services or attempt to gain unauthorized access to any of the Shep Travel Services or its related systems or networks;

10.8 Make unsolicited offers, advertisements, or proposals, or send junk mail or spam to other Users (including Users) of any of the Shep Travel Services (including, but not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures);

10.9 Use bots or other automated methods to: access the Shep Travel Platform or any of the other Shep Travel Services, download profiles, contacts or any other information, send or redirect messages or perform any other activities through any of the Shep Travel Services;

10.10 Use the Shep Travel Platform or any of the other Shep Travel Services for any unlawful or inappropriate activities, such as gambling, obscenity, pornography, violence, transmission of deceptive messages, or harassment;

10.11 Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of any of the Shep Travel Services;

10.12 Take any action that imposes, or may impose at Shep Travel’s sole determination, an unreasonable or disproportionately large load on Shep Travel’s infrastructure;

10.13 Deep-link to the Shep Travel Platform or any of the other Shep Travel Services without Shep Travel’s consent; or

10.14 Share or disclose information of other Users without their express consent; or

10.15 Use another User’s account or allow anyone else to use your account.

  1. Third-Party Sites.

The Shep Travel Services may now or in the future include links or references to other web sites or services (“Third-Party Sites”) solely as a convenience to Users, including links to our travel partner sites (e.g., Expedia, Orbitz, American Airlines, etc.). Shep Travel does not endorse any such Third-Party Sites or the information, materials, products, or services contained on or accessible through Third Party Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through any of the Shep Travel Services are solely between you and such advertiser. Access and use of Third Party Sites, including the information, services, materials or products on or available through Third Party Sites are solely at your own risk.

  1. Text Messages; Mobile and Data Charges.

Shep Travel may occasionally send text message offers and alerts. By agreeing to these Terms, you authorize Shep Travel to send text messages to your mobile device with notifications and occasional special offers.

You are responsible for any mobile and data charges that you may incur for using any of the Shep Travel Services, including text-messaging charges. If you’re unsure what those charges may be, you should ask your service provider before using the Shep Travel Platform or any of the other Shep Travel Services.

  1. Termination; Terms of Use Violations.

13.1 Shep Travel.

You agree that Shep Travel, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate your use of the Shep Travel Platform or any of the other Shep Travel Services or any account (or any part thereof) you may have with Shep Travel and remove and discard all or any part of your account, at any time. Shep Travel may also in its sole discretion and at any time discontinue providing access to the Shep Travel Platform, or any part thereof, with or without notice. You agree that any suspension or termination of your access to the Shep Travel Platform or any the other Shep Travel Services or any account you may have or portion thereof may be effected without prior notice, and you agree that Shep Travel will not be liable to you or any third party for any such termination. Shep Travel reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Shep Travel to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Shep Travel may have at law or in equity. As discussed herein, Shep Travel does not permit copyright infringing activities on the Site, the Browser Extension, the Shep Travel Platform or any of the other Shep Travel Services, and shall be permitted to terminate access to any of the Shep Travel Services, and remove any content submitted by any Users who are found to be repeat infringers. BY ACCEPTING THESE TERMS, YOU WAIVE AND SHALL HOLD SHEP TRAVEL HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SHEP TRAVEL DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SHEP TRAVEL OR LAW ENFORCEMENT AUTHORITIES.

13.2 YOU.

Your only remedy against Shep Travel or any of its affiliates with respect to any dissatisfaction with (i) the Shep Travel Platform or any of the other Shep Travel Services, (ii) any term of these Terms, or (iii) any policy or practice of Shep Travel in operating the Shep Travel Platform and the other Shep Travel Services, is to terminate your account and your use of all of the Shep Travel Services. You may terminate your use of the Shep Travel Platform and the other Shep Travel Services and your account at any time. After such termination, you must refrain from use of the Shep Travel Platform, the Browser Extension and the other Shep Travel Services until authorized by Shep Travel.

  1. Ownership; Proprietary Rights. 

The Shep Travel Platform, the Site, the Browser Extension and the other Shep Travel Services are owned and operated by Shep Travel.  The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Shep Travel Platform and the other Shep Travel Services provided by Shep Travel (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any content that is provided and owned by Users, all Materials contained on any of the Shep Travel Services are the property of Shep Travel or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Shep Travel or its affiliates and/or third-party licensors. Except as expressly authorized by Shep Travel, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Shep Travel reserves all rights not expressly granted in these Terms.

Shep Travel shall own and have the unrestricted right to use or act upon any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Shep Travel Platform or any of the other Shep Travel Services.

  1. Indemnification.

You agree to indemnify, save, and hold Shep Travel, its affiliated companies, employees, agents and its third-party suppliers, licensors, and partners harmless from any third-party claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Site, the Browser Extension, the Shep Travel Platform, any of the other Shep Travel Services or any of the Content, any violation by you of these Terms or any breach of the representations, warranties and covenants made by you herein. Shep Travel reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Shep Travel, and you agree to cooperate with Shep Travel’s defense of these claims. Shep Travel will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

  1. No Warranties; Disclaimers.

16.1 NO WARRANTIES.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SHEP TRAVEL AND ITS AFFILIATES, CONTRACTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, THIRD-PARTY PARTNERS, LICENSORS AND SUPPLIERS (COLLECTIVELY, THE “SHEP TRAVEL PARTIES”) DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED WITH RESPECT TO THE SHEP TRAVEL PLATFORM, THE BROWSER EXTENSION AND THE OTHER SHEP TRAVEL SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, SHEP TRAVEL PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT THE SHEP TRAVEL PLATFORM, THE BROWSER EXTENSION OR THE OTHER SHEP TRAVEL SERVICES, WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SHEP TRAVEL PARTIES OR THROUGH THE SHEP TRAVEL PLATFORM OR THE OTHER SHEP TRAVEL SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

16.2 “AS IS” AND “AS AVAILABLE” AND “WITH ALL FAULTS”.

YOU EXPRESSLY AGREE THAT THE USE OF THE SHEP TRAVEL PLATFORM, THE BROWSER EXTENSION AND ANY OF THE OTHER SHEP TRAVEL SERVICES, AND ANY DATA, ASSESSMENTS, RESULTS, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT, THIRD PARTY SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SHEP TRAVEL PLATFORM OR ANY OF THE OTHER SHEP TRAVEL SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.

16.3 OPERATIONS.

THE SHEP TRAVEL PARTIES DO NOT WARRANT THAT THE DATA, ASSESSMENTS, RESULTS, CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE SHEP TRAVEL PLATFORM OR ANY OF THE OTHER SHEP TRAVEL SERVICES, OR ANY THIRD-PARTY SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

16.4 ACCURACY.

EXCEPT AS SPECIFICALLY PROVIDED IN WRITING BY SHEP TRAVEL, THE SHEP TRAVEL PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SHEP TRAVEL PLATFORM OR ANY OF THE OTHER SHEP TRAVEL SERVICES OR ANY THIRD-PARTY SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

16.5 HARM TO YOUR COMPUTER.

YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SHEP TRAVEL SERVICES AND/OR THIRD-PARTY SITES.

  1. LIMITATION OF LIABILITY AND DAMAGES.

17.1 LIMITATION OF LIABILITY.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL THE SHEP TRAVEL PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE HE SHEP TRAVEL PLATFORM OR THE OTHER SHEP TRAVEL SERVICES OR ANY OTHER INTERACTIONS WITH SHEP TRAVEL AND A CUSTOMER, EVEN IF SHEP TRAVEL OR A SHEP TRAVEL AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, SHEP TRAVEL’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

17.2 LIMITATION OF DAMAGES.

IN NO EVENT WILL THE SHEP TRAVEL PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SHEP TRAVEL PLATFORM AND THE OTHER SHEP TRAVEL SERVICES, OR YOUR INTERACTION WITH OTHER USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE GREATER OF (A) $50.00 AND (B) THE AMOUNT PAID BY YOU, IF ANY, TO SHEP TRAVEL DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.

17.3 RELEASE FOR DISPUTES BETWEEN USERS.

If you have a dispute with any other Users or other third parties, you release Shep Travel and the other Shep Travel Parties from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

17.4 THIRD PARTY SITES.

THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD-PARTY SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN SHEP TRAVEL AND RECEIVED THROUGH OR ADVERTISED ON ANY OF THE SHEP TRAVEL SERVICES OR RECEIVED THROUGH ANY THIRD-PARTY SITES.

17.5 BASIS OF THE BARGAIN.

YOU ACKNOWLEDGE AND AGREE THAT SHEP TRAVEL HAS OFFERED THE SHEP TRAVEL PLATFORM AND THE OTHER SHEP TRAVEL SERVICES, SET ITS FEES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND SHEP TRAVEL, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND SHEP TRAVEL. SHEP TRAVEL WOULD NOT BE ABLE TO PROVIDE THE SHEP TRAVEL PLATFORM OR ANY OF THE OTHER SHEP TRAVEL SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

17.6 LIMITATIONS BY APPLICABLE LAW.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.

  1. United States Export Controls.

You agree not to import, export, re-export, or transfer, directly or indirectly, any part of the Shep Travel Platform or any of the other Shep Travel Services or any underlying intellectual property, information or technology except with Shep Travel’s prior written approval and in full compliance with all United States, foreign and other applicable export control laws and regulations.

  1. Miscellaneous.

19.1 NOTICE.

Shep Travel may provide you with notices, including those regarding changes to these Terms, by email, regular mail or postings on any of the Shep Travel Services. Notice will be deemed given twenty-four hours after the email is sent, unless Shep Travel is notified that the email address is invalid. Alternatively, Shep Travel may give you legal notice by mail to a postal address, if provided by you through any of the Shep Travel Services. In such case, notice will be deemed given three days after the date of mailing. Notice posted on any of the Shep Travel Services is deemed given 30 days following the initial posting.

19.2 WAIVER.

The failure of Shep Travel to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Shep Travel.

19.3 DISPUTE RESOLUTION.

If a dispute arises between you and Shep Travel, the goal is to provide you with a neutral and cost-effective methods of resolving the dispute quickly. Accordingly, you and Shep Travel agree that any dispute, claim or controversy at law or equity that arises out of these Terms, the Shep Travel Platform or any of the other Shep Travel Services (a “Dispute”) will be resolved in accordance with this Section 19.3 or as Shep Travel and you otherwise agree in writing. Before resorting to these dispute methods, Shep Travel strongly encourages you to first contact Shep Travel directly to seek a resolution.

The parties hereby irrevocably and unconditionally agree that service of process in any such Dispute may be effected by mailing a copy of such process by certified mail, postage prepaid, to such party at the address provided by such party.

(a)        Choice of Law.  THESE TERMS SHALL BE GOVERNED IN ALL RESPECTS BY THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM ARISING OUT OF OR RELATING TO ANY DISPUTE OR OTHERWISE IN CONNECTION WITH THESE TERMS, THE SHEP TRAVEL PLATFORM OR ANY OF THE OTHER SHEP TRAVEL SERVICES.

(b)        Arbitration and Class Action Waiver. 

PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS.

(i) Arbitration. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND SHEP TRAVEL (WHETHER OR NOT SUCH CLAIM INVOLVES A THIRD PARTY) IN CONNECTION WITH THESE TERMS, THE SHEP TRAVEL PLATFORM OR ANY OF THE OTHER SHEP TRAVEL SERVICES INCLUDING WITHOUT LIMITATION, YOUR RIGHTS OF PRIVACY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S APPLICABLE RULES FOR ARBITRATION AND YOU AND SHEP TRAVEL HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND SHEP TRAVEL WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. Any such arbitration shall be in English and be held in Austin, TX and the number of arbitrators shall be one (1). Except as otherwise required by law, the parties and the arbitrator agree to keep confidential and not disclose to third parties any information or documents obtained in connection with the arbitration process, including the resolution of the Dispute. You may bring claims only on your own behalf.

NEITHER YOU NOR SHEP TRAVEL WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THIS AGREEMENT TO ARBITRATE. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST SHEP TRAVEL INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if Shep Travel is a party to the proceeding.

This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms.

(ii) Judicial Forum for Disputes. In the event that the agreement to arbitrate under Section 19.3(b) is found not to apply to you or your claim, you and Shep Travel agree that any judicial proceeding (other than small claims actions) must be brought solely and exclusively in, and will be subject to the applicable procedural rules of, the federal or state courts of Travis County, TX. Both you and Shep Travel irrevocably consent to venue and personal jurisdiction there. Notwithstanding the foregoing, Shep Travel may bring a claim for equitable relief in any court with proper jurisdiction.

(iii) Survival. This arbitration agreement will survive the termination of your use of the Shep Travel Platform or any of the other Shep Travel Services or your relationship with Shep Travel.

(c)       Improperly Filed Disputes. All claims you bring against Shep Travel must be resolved in accordance with this Section 19.3. All claims filed or brought contrary to this Section 19.3 shall be considered improperly filed. Should you file a claim contrary to this Section 19.3, Shep Travel may recover attorneys’ fees and costs up to $15,000, provided that Shep Travel has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

(d)        Prevailing Party.  In the event that either party institutes any legal suit, action or proceeding against the other party arising out of or relating to these Terms, the Privacy Policy, the Shep Travel Platform or any of the other Shep Travel Services, the prevailing party in the suit, action or proceeding shall be entitled to receive in addition to all other damages to which it may be entitled, the costs incurred by such party in conducting the suit, action or proceeding, including reasonable attorneys’ fees and expenses and court costs.

(e)        LIMITATION ON TIME TO FILE CLAIMS. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS, THE PRIVACY POLICY, THE PLATORM OR ANY OF THE OTHER SHEP TRAVEL SERVICES, ANY PRODUCT OR OTHER SERVICES, ANY CONTENT OR YOUR RELATIONSHIP WITH SHEP TRAVEL MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

19.4 SEVERABILITY.

If any provision of these Terms (including the Privacy Policy or any Policies) is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

19.5 ASSIGNMENT.

These Terms and related Policies, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Shep Travel without restriction. Any assignment attempted to be made in violation of these Terms shall be void.

19.6 SURVIVAL.

Upon termination of these Terms, your use of the Shep Travel Platform or any of the other Shep Travel Services, or your relationship with Shep Travel, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 1, 2, 4.3, and 10 – 19.

19.7 HEADINGS.

The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.

19.8 ENTIRE AGREEMENT.

These Terms, including the Privacy Policy and the Policies are the entire agreement between you and Shep Travel relating to the subject matter herein and will not be modified except by a change to these Terms or Policies made by Shep Travel as set forth in Section 8 above or as provided in the applicable agreement.

19.9 NO AGENCY.

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.

19.10 GEOGRAPHIC RESTRICTIONS

Shep Travel is based in the state of Texas in the United States. Shep Travel makes no claims that the Shep Travel Platform, the Browser Extension or any of the other Shep Travel Services or any of the content is accessible or appropriate outside of the United States. Access to the Shep Travel Platform, the Site, the Browser Extension and the other Shep Travel Services may not be legal by certain persons or in certain countries. If you access the Shep Travel Platform or any of these other Shep Travel Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Shep Travel with respect thereto.

19.11 DISCLOSURES.

The Shep Travel Platform, the Site, the Browser Extension and the other Shep Travel Services are offered by Compl.ai, Inc. dba Shep located at: 6908 Larue Belle Cove, Austin, TX 78739 and email: hi@sheptravel.com. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.

California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

© 2019 Compl.ai Inc. dba Shep