Privacy and Cookie Policy

Effective Date: April 9, 2025 

Introduction

BORBOTEILLE LLC (“BORBOTEILLE”, “we” or “our” or “us”) is committed to respecting and protecting your privacy. BORBOTEILLE is a limited liability company organized in the U.S.  Our office locations and contact details are listed at www.borboteille.com/contact.

THIS PRIVACY POLICY DESCRIBES THE PRIVACY PRACTICES APPLICABLE TO BORBOTEILLE, INCLUDING OUR WEBSITE AT www.borboteille.com AND OTHER WEBSITES THAT ARE UNDER OUR CONTROL IF WE POST THE PRIVACY POLICY TO THE WEBSITE.  THIS PRIVICACY POLICY EXPLAINS HOW INFORMATION ABOUT YOU MAY BE COLLECTED, USED AND DISCLOSED BY US AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. THIS PRIVACY POLICY FURTHER DESCRIBES OUR POLICIES WITH REGARDS TO YOUR PERSONAL INFORMATION.  PLEASE REVIEW IT CAREFULLY.

  1. Acceptance of Privacy Policy. This Privacy Policy (the “Privacy Policy”) concerns the collection, use, and disclosure of your (“Participant”, “you” or “user”) information by BORBOTEILLE (“BORBOTEILLE,” “we,” or “us”) in connection with the services, programs, websites, and software applications (collectively, the “Service”) provided by BORBOTEILLE. This Privacy Policy is incorporated by reference into the BORBOTEILLE TERMS OF SERVICE (“Terms”), which can be found here. By subscribing to or otherwise using the Service, or accessing any content or material that is made available by BORBOTEILLE through the Service, you agree to be bound by the Terms, including this Privacy Policy. BORBOTEILLE reserves the right to change or modify this Privacy Policy at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting of the revisions on the Service. Your continued use of the Service following the posting of such changes or modifications will constitute your acceptance of those changes or modifications.

Notice to California Residents. If you are an individual and a California resident, and the California Consumer Privacy Act of 2018 (“CCPA”) applies to our processing of your Personal Information as a business under the CCPA, this section provides additional information to you. This section does not apply to any matters exempted from the CCPA during the period of exemption, including (a) Personal Information we collect about employees, owners, directors, officers, contractors or job applicants and (b) Personal Information we collect while communicating or transacting with an individual who is acting on behalf of another business and the communication or transaction occurs only within a business context. If you have a disability and need information on how to access this Policy in an alternative format, please contact us at 1-833-742-0965, or email or write to us at the contact addresses listed in Section 11.

a)  Categories of Personal Information: To the extent permitted by applicable law, Personal Information does not include information that is publicly available.  We collect the following categories of Personal Information listed in the CCPA, and may have collected any or all of this information in the preceding 12 months: (a) identifiers such as name, postal address, email address, account name, social security number, driver’s license number and passport number; (b) categories described in Cal. Civ. Code § 1798.80(e), such as telephone number, insurance policy number, education, employment, bank, credit card number or other financial information and medical information; (c) characteristics of protected classifications under California or federal law, such as race, national origin, age over 40, disabilities, sex, marital status and military status; (d) commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies; (e) biometric information; (f) internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an internet web site, application, or advertisement; (g) geolocation data; (h) audio, electronic, visual, thermal, olfactory, or similar information; (i) professional or employment-related information; and (j) education information, defined as information that is not publicly available personally identifiable information (as defined in 20 U.S.C. § 1232g, 34 C.F.R. Part 99).

b)  Sources and Use of Personal Information. We collect Personal Information from the sources listed in Section 1. We use Personal Information for the business and commercial purposes listed in Section 2.

c)  Disclosure or Sale of Personal Information. We do not sell Personal Information to third parties. We may disclose Personal Information for business purposes and/or to the third parties listed in Section 3.

d)  CCPA Requests. You have the right to make the following requests to the extent permitted by applicable law. These rights have important conditions and exemptions, and we reserve the right to deny or limit the response to these requests to the extent permitted by applicable law. Although as a general matter we will not charge fees to process such requests, if your requests are manifestly unfounded or excessive, we may deny them or charge you a fee.

e)  Right to Know: You may request that we disclose the following information, applicable to the 12-month period preceding the receipt of your request: (a) categories of your Personal Information we collected; (b) categories of sources of your Personal Information; (c) business or commercial purposes for collecting your Personal Information; (d) categories of third parties with whom we shared your Personal Information; and (e) specific pieces of your Personal Information we collected.  We are not required to provide this information to the same person more than twice within a 12-month period.

f)        Request to Delete: You have the right to request deletion of your Personal Information we collected.

g)   Instructions for Submitting CCPA Requests. You may submit CCPA requests by calling toll-free 1-844-645-6552 or emailing or writing to the contact addresses listed in Section 11.  We will take reasonable steps to verify your identity before responding to any requests, with the level and type of verification depending on the nature of your request and/or the nature of the Personal Information involved in the request. We may require you to submit additional personal or other information in order to verify your identity. You may use an authorized agent to submit your request if the agent has your legal power-of-attorney or you provide the agent signed permission, verify your identity with us, and confirm with us that you provided the authorized agent permission to submit the request. We may deny or limit the response to requests where we are unable to verify your identity or the authorized agent’s authority or we suspect fraudulent or malicious activity. You have the right not to receive discriminatory treatment for exercising your CCPA privacy rights.

  1. Types of Personal Information. For purposes of this Privacy Policy, “Personal Information” refers to any information that could be used to identify the Participant, either alone or in combination with other information. BORBOTEILLE collects and uses several types of Personal Information in connection with the Service: “Customer Information” is collected when you submit it to the Service. This information includes, but is not limited to, your name, a password, an account name, payment choices, credit card information (BORBOTEILLE utilizes a third-party payment processor and credit card information is deleted after it is processed), shipping addresses, billing addresses, travel itinerary information and contact information such as email address and telephone number. BORBOTEILLE uses Customer Information to authenticate your access to BORBOTEILLE websites and mobile applications; to enable you to purchase features related to the Service; to deliver personalized travel planning assistance in connection with the Service; and to send you marketing communications.  BORBOTEILLE uses this information for purposes such as travel planning assistance, finding deals or other discounts for client use, and marketing services relevant to an individual.

  2. Other Types of Collected Information. When you use the Service, some information is automatically collected through the use of log files. Such information may include your device’s Internet Protocol (IP) address, your device’s operating system, the browser type, and your device ID (only for iOS users).  To ensure your data is safe and used only to the extent necessary to provide the Service, BORBOTEILLE deletes this information every three months.  BORBOTEILLE uses this information for purposes such as analyzing trends, administering the Service, improving customer service, diagnosing problems with our servers, tracking user movement, and gathering broad demographic information for aggregate use.  

  3. Access from outside the United States. We are organized in the U.S.  Any information that you provide to us, including Personal Information, may be transferred to and processed in the U.S.  If you are located outside the U.S., please be advised that the U.S. does not offer safeguards to protect Personal Information that are as stringent as some other jurisdictions in the world. For example, the European Union does not consider U.S. privacy safeguards to be adequate to protect Personal Information. When we collect Personal Information from outside of the U.S., we rely on lawful mechanisms to transfer and process that information in the U.S. Lawful mechanisms include your consent; the establishment, exercise or defense of legal claims; legal arrangements such as data protection clauses; and the performance of a contract. If we rely solely on your consent, and not another lawful mechanism, you have the right to withdraw your consent by contacting us at the email or postal address listed in Section 14.

  4. Use of Cookies. We may also automatically collect certain information through the use of web beacons or “cookies.”  Cookies are small data files that are stored on a user’s hard drive at the request of a website to enable the website to recognize users who have previously visited them and retain certain information such as customer preferences and history.  If we combine cookies with, or link them to, any of the Personal Information, BORBOTEILLE will treat this information as Personal Information.  If you wish to block, erase, or be warned of cookies, please refer to your browser instructions or help screen to learn about these functions.  However, if your browser or device settings will not allow you to accept cookies or if a user rejects a cookie, you may lose some functionalities of the websites. In addition, BORBOTEILLE may use third parties to provide certain functionalities or to collect, track and analyze non-personally identifiable usage and statistical information from users, such as the user’s browser type, operating system, device ID (only for iOs users). These third parties may collect personal information from you in connection with the services they provide and may place cookies, web beacons or other devices on your device to collect non-personal information which may be used, among other things, to deliver advertising targeted to your interests and to better understand the usage of the Service and the other services tracked by these third parties. BORBOTEILLE is not responsible for, and does not control, any actions or policies of any third party service providers.

  5. Use of Google Analytics. Like many website owners, we use Google Analytics, a service that provides information about how many users visit our website, when they visit, and how they navigate the website. We also may use other Google Analytics tools, such as Demographics and Interest Reporting, which enables us to learn more about the characteristics and interests of the users who visit our website, and Remarketing with Google Analytics, which enables us to provide relevant advertising on different websites and online services.  To learn more about Google’s privacy practices, please review the Google Privacy Policy at https://www.google.com/policies/privacy/. You can also download the Google Analytics Opt-in Browser Add-on to prevent their data from being used by Google Analytics at https://tools.google.com/dlpage/gaoptout.

  6. Disclosure of Personal Information to Third-Parties. In general, BORBOTEILLE will not disclose individual-level Personal Information to third parties, except under the following circumstances:

a)  BORBOTEILLE may disclose individual-level Personal Information to partners or service providers (e.g. credit card processors) who process and/or store Personal Information in order to help BORBOTEILLE provide, understand, or improve the Service. In those instances, the protection of your individual-level Personal Information will be subject to the privacy policy of the specific BORBOTEILLE partner or service provider.

b)  BORBOTEILLE may disclose such information to third parties where you provide express written consent for BORBOTEILLE to do so.

  1. Information Required to be Disclosed by Law. Under certain circumstances, Personal Information may be subject to disclosure pursuant to judicial or other government subpoenas, warrants, or orders, or in coordination with regulatory authorities. You acknowledge and agree that BORBOTEILLE is free to preserve and disclose any and all Personal Information to law enforcement agencies or others if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal or regulatory process (such as a judicial proceeding, court order, or government inquiry) or obligations that BORBOTEILLE may owe pursuant to ethical and other professional rules, laws, and regulations; (ii) enforce the BORBOTEILLE Terms of Service; (iii) respond to claims that any content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of BORBOTEILLE, its employees, its participants (including you), and the public. In the event BORBOTEILLE is required by law to disclose Personal Information, BORBOTEILLE will notify you through the contact information provided to BORBOTEILLE in advance, unless doing so would violate the law or a court order.

  2. Security.

a)      We put in place appropriate security measures to protect personal information from unlawful or unauthorized processing and accidental loss, destruction or damage. However, in relation to any personal information you submit to us online, you should keep in mind that the websites are run on software, hardware, and networks, any component of which may, from time to time, require maintenance or experience problems or breaches of security beyond our control. While we take steps to protect your personal information and keep it secure, you also play a role in protecting your information. You must maintain the security of your online activities by not sharing your passwords and account information with any unauthorized parties, as applicable. Please also be aware that despite our best intentions and the guidelines outlined in this privacy policy, no data transmission over the Internet or encryption method can be guaranteed to be 100% secure. We cannot guarantee the security of any information you transmit to us or from our websites, and therefore you use our websites at your own risk.

b)      Our websites may contain links to other websites. This privacy policy only addresses the use and disclosure of your personal information collected through our websites, if any. If you choose to visit an external website linked from a website, you will leave our website. While we try to link only to websites that share our standards and respect for privacy, we are not responsible for the privacy practices of any third parties or the content of linked websites. We encourage you to read the applicable privacy policies and terms and conditions of such parties or websites. These third-party websites may connect your visit to the websites and their websites with your Personal Information. We may also provide information at the websites about programs and events that are sponsored by or co-sponsored by other firms or organizations. If you register for any of these events, we may have no control over the third-party sponsors’ use of your information.

c)      In some cases, our websites provide social media features which allow you to share BORBOTEILLE content with your social networks and to interact with BORBOTEILLE on various social media sites. Your use of these features may result in the collection or sharing of information about you, depending on the feature. We encourage you to review the privacy policies and settings on the social media sites with which you interact to make sure you understand the information that could be shared by those sites. We do not accept responsibility or liability for these policies. You may elect to not use BORBOTEILLE’s social media features and/or adjust your personal settings and preferences to protect your privacy.

  1. Children’s Privacy. BORBOTEILLE is committed to protecting the privacy of children and abiding by the provisions of the Children’s Online Privacy Protection Act (COPPA). The Service is not designed or intended to attract children under the age of 18. A parent or legal guardian, however, may consent his/her child to use of the Service. The parent/guardian may enter information for his/her child. The parent/guardian assumes full responsibility for ensuring that the information that he or she provides to BORBOTEILLE about his/her child is kept secure and that the information submitted is accurate. In the event that BORBOTEILLE is notified or becomes aware that the Service has been used by a child under the age of 18 to provide information of that child without parental consent, BORBOTEILLE shall be and is authorized to delete, in its entirety, any of the information provided by that child. The Company also reserves the right to revoke any license to use the Service which is being used or has been used by a child under the age of 18.

  2. Account Closure and Correction of Personal Information. If the Participant wishes to stop participating in the Service, the account may be closed by sending a request to BORBOTEILLE via email at michelle@borboteille.com. When closing an account, BORBOTEILLE removes all personally identifiable information associated with the account. In addition, BORBOTEILLE retains limited Customer Information related to the Participant’s transaction history (e.g., name, contact, and transaction data) for accounting and compliance purposes.

  3. Business Transitions. In the event that BORBOTEILLE goes through a business transition such as a merger, acquisition by another company, or sale of all or a portion of its assets, Personal Information will likely be among the assets transferred. In such a case, Personal Information would remain subject to the terms of the pre-existing and current Privacy Policy.

  4. California Do-Not-Track Disclosures. BORBOTEILLE does not track its customers over time and across third party websites to provide targeted advertising and therefore does not respond to Do Not Track (DNT) signals.  Third parties that have content embedded on BORBOTEILLE’ websites or mobile applications (e.g. social features) may set cookies on a user’s browser and/or obtain information about the fact that a web browser visited a specific BORBOTEILLE website from a certain IP address.  Third parties cannot collect any other personal identifiable information from BORBOTEILLE’ websites unless you provide it to them directly. 

  5. Contact. If you have questions about this Privacy Policy, please contact us by writing to us at:

BORBOTEILLE LLC
Attn: Privacy Officer
16868 Via Del Campo Ct.
Ste. 100 PMB 1101
San Diego, CA 92127