GrinGO LLC
Terms of Use &
Privacy Policy
Updated August 25,
2022
These Terms govern your use of the GrinGO app and the products, features,
services, technologies, and software we offer, except where we expressly state
that separate terms (and not these) apply. GrinGO, LLC is a Phoenix,
Arizona incorporated company.
Our Services
Our mission is to
serve as a Global Distribution System (GDS) of travel services and safety
resources for US and Canadian citizens traveling to Mexico with features that
minimize risk and enhance the travel experience abroad. To help advance
this mission, we provide the products and services described below:
Connect
you with people and organizations you care about:
We help you find
and connect with people, groups, businesses, organizations, and others that
matter to you across the GrinGO products you use. We use the data we have on
and off our products - to help personalize your experience. We use the data we have to make suggestions for you and others - for example,
destinations to travel to, events to attend, cruises to take, doctors to visit,
and insurance to buy. Stronger ties make for better communities, and we believe
our services are most useful when people are connected to people, groups, and
organizations they care about.
Help
you discover content, products, and services that may interest you:
GrinGO is a FREE
app. To stay FREE we show you ads, offers, and other sponsored content to
help you discover content, products, and services that are offered by the many
businesses and organizations that use GrinGO and other GrinGO Products. Our
partners pay us to show their content to you, and we design our services so
that the sponsored content you see is as relevant and useful to you as
everything else you see on our Products.
Combat
harmful conduct and protect and support our community:
People will only
use GrinGO if they feel safe. We employ dedicated teams around the world and
develop advanced technical systems to detect misuse of our Products, harmful
conduct towards others, and situations where we may be able to help support or
protect our community. If we learn of content or conduct like this, we will
take appropriate action - for example, offering help, removing content,
delisting a service provider, or contacting law enforcement.
Use
and develop advanced technologies to provide safe and functional services for
everyone:
We use and
develop advanced technologies - such as artificial intelligence, machine
learning systems, and others - so that people can use our Products safely
regardless of physical ability or geographic location. For example, we’ve
established a sophisticated network and integrated communication technology to
help more people connect directly with first responders. We develop
automated systems to improve our ability to detect dangerous activity that may
harm our community and the integrity of our Products.
Research
ways to make our services better:
We engage in
research and collaborate with others to improve our Products. One way we do
this is by analyzing the data we have and understanding how people use our
Products.
Provide
consistent and seamless experiences across GrinGO Products:
Our Products help
you find and connect with people, groups, businesses, organizations, and others
that are important to you. We design our systems so that your experience is
consistent and seamless across the different products you use. For example, we
use data about your health and its history to make destinations more friendly
to your health conditions.
Enable
global access to our services:
To operate our
global service, we need to store and distribute content and data in our data
centers and systems around the world, including outside your country of
residence. This infrastructure may be operated or controlled by GrinGO, LLC.
Our
Data Policy and Your Privacy Choices
To provide these
FREE services, we must collect and use your personal data. We detail our
practices in the Data Policy, which you must agree to in order to use our Products.
Your
Commitments to GrinGO
We provide these
services to you and others to help advance our mission. In exchange, we need
you to make the following commitments. By accessing or using the Services
and/or the Apps, you agree to be bound by these Terms as a User. You are
authorized to use the Services and the Apps only if you agree to abide by all
applicable laws, rules and regulations
("Applicable Law") and these Terms. If you do not agree to be bound
by these Terms and to abide by all Applicable Law, you must discontinue use of
the Services and uninstall the Apps immediately. Your use of, or participation
in, certain Services may be subject to different or additional terms, and such
terms will be presented to you for your acceptance when you sign up for or use
such Services.
Who
can use GrinGO?
Our community is
safer and more accountable if they:
We try to make
GrinGO broadly available to everyone, but you cannot use GrinGO if:
The
permissions you give us
We need certain
permissions from you to provide our services:
Permission to use
content you create and share: You own the content you create and share on GrinGO
and the other GrinGO Products you use, and nothing in these Terms takes away
the rights you have to your own content. You are free to share your content
with anyone else, wherever you want. To provide our services, though, we need
you to give us some legal permissions to use that content.
Updating
our Terms
We work
constantly to improve our services and develop new features to make our
Products better for you and our community. As a result, we reserve the
right to modify these Terms at any time and from time to time, and each such
modification shall be effective upon posting on the Services. Your continued
use of the Services and/or Apps following any such modification constitutes
your agreement to be bound by and your acceptance of the Terms as so modified.
It is therefore important that you review these Terms regularly. If you do not
agree to be bound by any modifications to these Terms, you must discontinue use
of the Services and uninstall the Apps immediately. If We ask you to provide
your express consent to any modifications to these Terms and you do not provide
such consent, we may terminate your access to the Services and the Apps.
Account
suspension or termination
We want GrinGO to
be a place where people feel welcome and safe using its features.
These Terms
(including any modifications, as set forth above) shall remain in full force
and effect while you use the Services and Apps. You may terminate these Terms
and, if applicable, for any reason, by contacting Us. By terminating your use
of the app, you acknowledge and expressly agree that We may, in our discretion,
irrevocably delete all of your profile content, photos
and other content or information you have submitted to the Services
(collectively, “Content”), as well as your user account information. We may
suspend or terminate your app usage and/or terminate these Terms at any time,
for any or no reason, with or without prior notice or explanation, and without
liability. Upon termination of these Terms by you or Us, you may no longer
access or use the Services or the Apps in any way; and any provision of these
Terms that by its nature or express terms should survive will survive such
termination or expiration
Links
to Third-Party Sites or Services.
The Services may
include links to other sites and services that are not operated by Us. We
provide such links only as a convenience and are not responsible for the
content, products, services, or links available on such sites. You are
responsible for and assume all risk arising from your use or reliance of any
third-party sites and services. Our Services may provide tools that enable you
to provide or export information or Content to third-party services. By using
these tools, you agree that We may transfer such information and Content to the
applicable third-party service. Such third-party services are not under our
control, and We are not responsible for their use of your exported information.
Limits
on liability
We work hard to
provide the best Products we can and to specify clear guidelines for everyone
who uses them. Our Products, however, are provided "as is," and we
make no guarantees that they always will be safe, secure, or error-free, or
that they will function without disruptions, delays, or imperfections. To the
extent permitted by law, we also DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR
IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN NO EVENT SHALL WE BE LIABLE
TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST
PROFITS, DATA, OR GOODWILL ARISING FROM OR RELATING TO YOUR USE OF OR INABILITY
TO USE THE SERVICES (INCLUDING ANY CONTENT OR INFORMATION SUBMITTED BY YOU OR
AVAILABLE THROUGH THE SERVICES) OR THE APP AND/OR ANY CONDUCT OR CONTENT OF ANY
THIRD PARTY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
AND REGARDLESS OF THE FORM OF THE CLAIM (CONTRACT, TORT, OR OTHER LEGAL
THEORY). NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR TOTAL
AGGREGATE LIABILITY TO YOU ARISING OUT OF OR RELATING TO THESE TERMS FOR ANY
CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE
LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICES AND THE APP.
EACH PROVISION OF THE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY,
DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS
UNDER THE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF
THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS
SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THE TERMS. THE LIMITATIONS
IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL
PURPOSE.
Disputes
We try to provide
clear rules so that we can limit or hopefully avoid disputes between you and
us. If a dispute does arise, however, it's useful to know up front where it can
be resolved and what laws will apply.
For any claim,
cause of action, or dispute you have against us that arises out of or relates
to these Terms or the use of the app and GrinGO Products ("claim"),
you agree that it will be resolved exclusively in the U.S. District Court in Arizona or a state court located in Maricopa County. You
also agree to submit to the personal jurisdiction of either of these courts for
the purpose of litigating any such claim, and that the laws of the State of
Arizona will govern these Terms and any claim, without regard to conflict of
law provisions. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY
AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF
ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS,
CROSS-CLAIMS, OR THIRD-PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION
WITH THESE TERMS. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE
OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH
PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF
RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS
SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THESE TERMS.
Indemnity.
You agree to
indemnify and hold harmless GrinGO, LLC and our subsidiaries and affiliates,
and each of their respective officers, directors, agents, employees and
shareholders, from and against any loss, liability, claim, or demand,
including, but not limited to, reasonable attorneys' and expert witness fees,
arising from or relating to: (a) your access to or use of the Services and/or
the Apps, (b) your violation of these Terms or any Applicable Law, (c) an
actual or alleged violation of the rights of a third party by you or the
Content, and (d) any disputes arising between you and any third party. We
reserve the right, at our own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you (and without
limiting your indemnification obligations with respect to such matter), and in
such case, you agree to cooperate with our defense of such claim.
These Terms
(formerly known as the Statement of Rights and Responsibilities) make up the
entire agreement between you and GrinGO, LLC. regarding your use of our
Products. They supersede any prior agreements.
Some of the
Products we offer are also governed by supplemental terms. If you use any of
those Products, supplemental terms will be made available and will become part
of our agreement with you. To the extent any supplemental terms conflict with
these Terms, the supplemental terms shall govern to the extent of the conflict.
If any portion of
these Terms are found to be unenforceable, the remaining portion will remain in
full force and effect. If we fail to enforce any of these Terms, it will not be
considered a waiver. Any amendment to or waiver of these Terms must be made in
writing and signed by us.
You will not
transfer any of your rights or obligations under these Terms to anyone else
without our consent.
These Terms do
not confer any third-party beneficiary rights. All of
our rights and obligations under these Terms are freely assignable by us in
connection with a merger, acquisition, or sale of assets, or by operation of
law or otherwise.
We always
appreciate your feedback and other suggestions about our products and services.
But you should know that we may use them without any restriction or obligation
to compensate you, and we are under no obligation to keep them confidential.
We reserve all
rights not expressly granted to you.
GrinGO Privacy Policy
This Privacy
Policy describes our privacy practices at GrinGO, LLC, including the website
located at http://www.gringoapp.com and the GrinGO mobile application,
and the related services, applications, and websites owned or operated by us
(collectively, the "Service").
What
Information We Collect
To provide the
GrinGO Products, we must process information about you. The types of
information we collect depend on how you use our Products. That information we
collect falls under two general categories: personal data and non-personal
data. Personal data consists of any information which can be linked to you as an
individual, whereas non-personal data consists of aggregate information or any
other information that cannot be linked to you as an individual. This Privacy
Policy describes how your personal and non-personal data are collected by us,
and how we use such information. Please note that we store all information we
collect on servers located in the United States.
Log
Files
Any time you
access the Service, our servers automatically gather information from your
browser or device. This information includes your IP addresses and browser type
(if you are using a browser), device ID, location (if you have enabled this
feature), Internet service provider (ISP) or wireless service provider,
referring/exit pages, platform type, date/time stamp, and number of clicks. We
may use this information to analyze trends, administer and improve the Service,
prevent fraud, track visitor movement in the aggregate, and gather broad
demographic information. Except as set forth in this Privacy Policy, we do not
share this information externally.
Cookies
We use
"cookies" to keep track of some types of information while you are
visiting our website or using the Service. Cookies are very small files placed
on your computer, and they allow us to count the number of visitors to our
website and distinguish repeat visitors from new visitors. They also allow us
to save user preferences and track user trends. We rely on cookies for the
proper operation of our Service. If your browser rejects cookies from the
Service, then the Service will not function properly with your browser, and we
are not responsible for any resulting loss of functionality in the Service.
Service
Analytics
We use
third-party analytics service providers (“Analytics Providers”), such as
Google, Mixpanel, and Flurry, to help us analyze how
users use the Service. We may change the Analytics Providers that we use from
time to time. The information generated by your browser or device about your
use of the Service will be transmitted to and stored by the Analytics Provider(s)
on servers in the United States. The Analytics Providers will use this
information for the purpose of evaluating users’ use of the Service, compiling
reports on website or mobile activity for our use and providing other services
relating to Service activity and Internet usage. The Analytics Providers may
also transfer this information to third parties where required to do so by law,
or where such third parties process the information on the Analytics Providers’
behalf. By using the Service, you consent to the processing of data about you
by the Analytics Provider in the manner and for the purposes set out above.
Location
Information
If you enable
location-based services by the Service and your mobile device, the Service may
collect data about your geographic location. Such location data may include,
for example, geographic coordinates or other data used to determine your
location (using GPS, IP address, Wi-Fi, or other technology to determine the
location of your device), the time when such data is collected, and an
identifier that we may use to correlate such data to you (collectively, the
“Location Data”). The Location Data may be collected, stored, and processed by
us and/or by our third-party location licensors or service providers. We may use
the Location Data to analyze usage of the Service, to improve the Service, and
to provide the Service to you (e.g., by providing you with location-based
recommendations of places we think you might want to visit through the Service
when you are exploring a new city).
For example, if
you use the telehealth feature released in Q2 of 2019 or the green angel
service platform we will introduce in Q3 of 2019, those operated by the
location data transmitted by your mobile device so that the physicial
or service responder can service you effectively based on who is located
closest to you.
However, it is
important to note that:
We will not share
Location Data with anyone other than our licensors or service providers who
provide the location services for the Service.
If any such
third-party licensor or service provider collects, stores, or processes any
Location Data for the Service, we contractually require that they not use the
Location Data for their own purposes (other than analyzing and improving their location
products and services) or share this data with anyone but us (other than
aggregated, anonymized data that does not identify any individuals).
You may enable or
disable location services at any time using the settings in the app and/or your
device’s operating system.
Web
Beacons
"Web
beacons" (also known as "clear gifs" and "pixel tags")
are small transparent graphic images that are often used in conjunction with
cookies in order to further personalize our website
for our users and to collect a limited set of information about our visitors.
We may also use web beacons in email communications in order
to understand the behavior of our customers.
Information
About You
When you register
for the Service, we collect a variety of information about you to complete your
online profile. Except as otherwise stated in this Privacy Policy, we do not
disclose your personal data to other users of the Service. If you choose to
connect your GrinGO app account with Facebook or any other service, we will
receive and retain basic account registration data you provide to that service,
such as name, email address, user ID and profile page URL. We may also receive
and display content relevant to your use of the Service from activity feeds or
other information from Facebook and other linked services, including the
contents of your "Wall," status updates, comments, photos
and location "check-ins" to the extent you grant us access to such
information from those services.
E-mail
We require an
email address from you when you register for the Service. We use your email
both for transactional purposes (e.g., activity updates such as notices that
another user is now following you on the Service) and for promotional purposes
(e.g., newsletters, new product offerings, event notifications, special
third-party offers). Email messages we send you may contain code that enables
our database to track your usage of the emails, including whether the email was
opened and what links (if any) were clicked. If you would rather not receive
promotional emails from us, please see the section below labeled
"Choice/Opt-Out". We reserve the right to send you certain
communications, such as service announcements and administrative messages,
without offering you the opportunity to opt out of receiving them. We may also
contact you by text message (including to any wireless number you may provide
to us) solely in connection with the Service. If you would rather not receive
text messages from us, you may ask to be removed from our contact list if you
receive a call or text message from us. We fully comply with the requirements
of the U.S. CAN-SPAM Act.
Demographic
Data
Demographic data
is also collected by the Service. We use this data to tailor our visitors'
experience, showing them content that we think they might be interested in, and
displaying the content according to their preferences. Some of this information
may be shared with advertisers on a non-personally identifiable basis.
Online
Survey Data
We may
periodically conduct voluntary member surveys. We encourage our members to
participate in such surveys because they provide us with important information
regarding the improvement of the Service. You may also volunteer for certain
surveys that we may offer to our users, and any additional rules regarding the
conduct of such surveys will be disclosed to you prior to your participation.
Disclosure
of Your Information to Third Parties
Disclosure
Authorized or Required By Law. You acknowledge and
agree that we may disclose information you provide if:
We believe in
good faith that we are authorized or required to do so by law, including to
respond to requests or orders relating to law enforcement, national security,
or any legal process; or
You give us your
consent to do so, including if we notify you that the information you provide
will be shared in a particular manner and you provide such information; or
We believe that
disclosure is reasonably necessary or appropriate to protect or defend the
rights or property of us or a third party or to protect someone's health or
safety.
Disclosure to Trusted Third Parties By Us.
We will only
share your information with third parties in the ways defined in this Privacy
Policy. For example, when you access a page on our website, a cookie may be
automatically set by us or by our service providers to recognize your browser
as you navigate on the Internet and to present you with information and
advertising based on your apparent interests.
We may share
and/or make available your publicly accessible personal data such as your name,
profile picture, reviews, traveller photos and posts
to carefully selected third parties with whom we have a contractual
relationship. We may share your personal data with service providers that may
be associated with us to perform functions on our behalf. For example,
outsourced customer support agents or technology infrastructure providers (such
as a provider of location services, as described above) may need access to your
information to perform services for you. We require that your information be
treated as private and confidential by such service providers and not be used
for any other purpose than we authorize. In addition, from time to time, we may
share certain personal data (such as email or mailing address) about our user
base with carefully selected third parties, so they can offer goods and
services that we believe may be of interest to our users. If you do not wish to
receive offers from our trusted partners, you can change your email preferences
at any time by following the steps outlined in the "Choice/Opt-Out"
section below.
We may also share
and/or transfer your personal data to our group companies.
Information
Transferred As a Result of Sale of Business. In the event that we are acquired by another company, your
personal data may be part of the assets transferred to the acquiring party. If
this occurs, you will be notified if there are any material changes to the way
your personal data is collected or used.
Third-Party
Advertising
We may use
third-party advertising agencies or other service providers to serve ads on the
Service on our behalf or on behalf of third-party advertisers (e.g., retailers
of goods or services). These companies may employ cookies and web beacons to
measure advertising effectiveness. If you click on a link to a third-party
website or service, then the third party’s website or service would be subject
to that third party’s privacy policy and terms of use.
Data
Stored in the US
We are based in
the United States. The information collected in connection with the Service
(including personal data) is stored and processed in the United States. If you
reside outside the United States, in accessing or using the Service, you
consent to the collection, transfer, use, storage and disclosure of your
information in the United States, as described in this Privacy Policy and as
governed by United States Law. Users may not access, use, or register for the
Service if prohibited by law in their country of residence.
Security
We have security
measures in place that are designed to protect against the loss, misuse and
alteration of the information stored in our database. We will exercise
reasonable care in providing secure transmission of information between your
computer or mobile device and our servers. However, no information transmitted
over the Internet can be guaranteed 100% secure, so we cannot ensure or warrant
the security of any information transmitted to us over the Internet and accept
no liability for any unintentional interception or misuse.
Links
to Other Sites
If you click on a
link in our Service to a third party’s site or service, your visit to any such
third-party site or service would be subject to the privacy policy and terms of
such third-party site or service. We are not responsible for the privacy practices
or the content of such third-party sites or services or of any third-party
advertisers.
Choice/Opt-Out
You may use the
following options for removing your information from our email mailing list if
you wish to opt out of receiving promotional emails and newsletters.
Click on the
"unsubscribe" link on the bottom of the email.
In addition, some
of the third-party advertising agencies who advertise on the Service may be
members of the Network Advertising Initiative, which offers you the option to
opt out of ad targeting from its member agencies by following the procedures
listed at Networkadvertising.org.
Updating or Removing Your Information
We acknowledge
the individual’s right to access his or her personal data. The Service
allows you to update or remove that information by editing or deleting the
content.
Contacting
Us
If you have any
questions about this Privacy Policy, the practices of our Service, or your
dealings with us, you can contact us at:
Site Administrator
GrinGO, LLC
Acceptance
of Privacy Policy
Your use of any
of our Services is subject to this Privacy Policy and our Terms of Use. BY
USING ANY PORTION OF OUR SERVICE, YOU ARE ACCEPTING THE PRACTICES SET OUT IN
THIS PRIVACY POLICY AND THE TERMS OF USE.