Privacy Policy

Introduction

Back in 5 (“Company,” “We,” “Our,” “Us”) operates the “Back in 5” mobile application and related services (the “Service”). We are committed to protecting and respecting your privacy. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you use our Service. By using the Service, you agree to the collection and use of your information in accordance with this policy.

The Company is headquartered in Australia, and the information you provide will be processed in accordance with Australian privacy laws, as well as applicable international regulations, including the General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), and Australian Privacy Principles (APPs) under the Privacy Act 1988 (Cth). By using our Service, you consent to the processing of your personal data in accordance with these laws and regulations. We will ensure that all cross-border data transfers are carried out in accordance with the legal requirements for data protection, including the use of Standard Contractual Clauses (SCCs) and other approved mechanisms where applicable.

Definitions

  • Personal Data: Any information that can be used to identify an individual, such as your name, email address, phone number, location, and payment information.
  • Usage Data: Information automatically collected about how the Service is accessed and used, such as your IP address, device type, browser information, and activity on the Service.
  • User-Generated Content (UGC): Any content, including photos, videos, comments, reviews, and other media, that you upload or submit to the Service.
  • Service Providers: Third-party companies and individuals that provide services on our behalf, such as data hosting, analytics, and customer support.
  • GDPR: General Data Protection Regulation, which is the regulation in EU law on data protection and privacy in the European Union and the European Economic Area.
  • CCPA: California Consumer Privacy Act, a law intended to enhance privacy rights and consumer protection for residents of California, USA.
  • APPs: Australian Privacy Principles, which are part of the Privacy Act 1988 (Cth) and regulate how personal information is handled in Australia.
  • Service(s): Refers to the services provided by Back in 5, including our mobile application and website.
  • Content: Any images, text, videos, or other media submitted by users to the Service.
  • You/Your: Refers to users who upload content or use the Service.
  • We/Us: Refers to Back in 5, the company providing this service.
  • Sensitive Data: Personal data that includes but is not limited to, facial images, license plates, home addresses, or any information that could be used to identify an individual without their explicit consent.

Information We Collect

We collect various types of information in order to provide and improve our Service:

  • Personal Data: When using our Service, we may ask you to provide certain personally identifiable information that can be used to contact or identify you (“Personal Data”). This may include:
    • Name
    • Email address
    • Phone number
    • Location
    • Payment information (if applicable)
  • Usage Data: We may collect information on how the Service is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s IP address, browser type, browser version, the pages of our Service that you visit, time and date of your visit, and other diagnostic data.
  • Tracking & Cookies Data: We use cookies and similar tracking technologies to monitor activity on our Service and store certain information. You can instruct your browser to refuse all cookies or indicate when a cookie is being sent. For more detailed information, please refer to our Cookie Policy.
  • Content: Information that includes the photos, videos, or other media you upload to our platform, including any associated metadata.

How We Use Your Data

We use the collected data for various purposes, including:

  • Providing and maintaining the Service: To provide the features of the Service and ensure it functions as intended.
  • Notifying you about changes to our Service: To keep you informed about important updates, service modifications, or policy changes.
  • Allowing you to participate in interactive features of our Service: Enabling you to engage with the content and services on the platform and also enhance your itinerary generation by utilizing your photos, provided they adhere to our policy
  • Providing customer support: To respond to your inquiries and provide assistance as needed.
  • Monitoring the usage of the Service: To track usage patterns and make improvements to the Service.
  • Detecting, preventing, and addressing technical issues: To ensure the stability and security of the Service.
  • Sending promotional communications (with your consent): We may send you promotional material about our products or services, but only with your consent or in accordance with applicable laws.

Disclosure of Your Data

We may disclose your Personal Data in the following situations:

  • Business Transactions: If the Company is involved in a merger, acquisition, or asset sale, your Personal Data may be transferred. We will provide notice before your Personal Data is transferred and becomes subject to a different Privacy Policy.
  • Law Enforcement: We may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g., a court or a government agency).
  • Other Legal Requirements: We may disclose your Personal Data in the good faith belief that such action is necessary to:
    • Comply with a legal obligation
    • Protect and defend the rights or property of the Company
    • Prevent or investigate possible wrongdoing in connection with the Service
    • Protect the personal safety of users or the public
    • Protect against legal liability

Security of Your Personal Data

The security of your Personal Data is important to us. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security. No method of transmission over the Internet or electronic storage is 100% secure. In the event of a data breach, we will notify you promptly in accordance with applicable laws, including the GDPR’s 72-hour breach notification requirement. We will take all necessary steps to mitigate any potential harm from such a breach.

Third-Party Service Providers

We may employ third-party companies and individuals to facilitate our Service (“Service Providers”), provide the Service on our behalf, perform Service-related services, or assist us in analyzing how our Service is used. These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Some of these third parties may include:

  • Payment Processors: For handling payments securely.
  • Booking Providers: For confirming bookings and reservation confirmations
  • Analytics Providers: For analyzing platform usage to improve the service.
  • Advertising Networks: For displaying ads relevant to your interests.

While we ensure that our third-party providers comply with privacy standards, we are not responsible for their actions. We encourage you to review the privacy policies of third parties before interacting with their services.

User-Generated Content (UGC) and Content Usage

Content Ownership : By submitting User-Generated Content to the Service, you retain full ownership of the content but grant Back in 5 a worldwide, royalty-free, and non-exclusive license to use, display, and distribute your content across our platform for purposes including generating itineraries for other users, enhancing their experience, and using it in promotional materials as described below.

You acknowledge that you are fully responsible for ensuring that any content you submit is owned by you or that you have the right to submit it. Back in 5 is not responsible for verifying ownership or permission regarding submitted content. By uploading content, you represent and warrant that:

  • The content does not infringe any third-party intellectual property rights or any rights of privacy or publicity.
  • The content does not contain any sensitive information such as faces, license plates, or personally identifiable information of third parties unless you have obtained explicit consent from the relevant individuals.

Content Usage for Commercial Purposes: In the event that we wish to purchase your content for use in paid promotions, advertisements, or other revenue-generating activities, we will contact you directly to discuss pricing and licensing terms. If you agree to sell the content, you will be required to provide the raw, unedited version of the content.

Content Reporting and Removal: We have a system in place for users to report content they believe is harmful, illegal, or violates this policy. If content is reported, we will review the submission and take appropriate action, which may include removing the content. If you believe your content was wrongfully flagged or removed, you can appeal our decision. To report or appeal a decision email the team via Support@backin5.travel with the subject Report: “What you wish to report or Appeal”

Privacy Considerations for Submitted Content

When submitting content, you must ensure that it complies with privacy and legal regulations. Specifically, you must avoid submitting any content that contains personal, confidential, or sensitive information about others, including:

  • Faces of individuals (unless express consent has been given).
  • License plates or vehicle identification numbers.
  • Home addresses or locations of individuals.

You are responsible for ensuring you have obtained the necessary consent to share that information. It is your responsibility to ensure that the content you upload does not infringe upon any third-party rights. We will not be liable for any violations of this nature. Back in 5 reserves the right to remove content that violates these principles and to block access to users who submit content that is deemed to infringe upon the privacy or rights of others.

Reporting and Content Removal

If you believe any User-Generated Content violates this Privacy Policy or infringes upon your intellectual property rights, privacy rights, or any other rights, you may report such content to us. We will review the reported content promptly and may remove it in accordance with our internal review process. To report or appeal a decision email the team via Support@backin5.travel with the subject Report: “What you wish to report or Appeal”

Data Retention

We retain your Personal Data only as long as necessary to fulfill the purposes outlined in this Privacy Policy, including for legal, accounting, or reporting purposes. Once your data is no longer required, we will securely delete or anonymize it in accordance with legal obligations. We also reserve the right to retain anonymous, aggregated data for statistical and analytical purposes.

You have the right to request the deletion of your personal data. If you wish to delete your account and associated data, please contact us directly. We will process your request in compliance with applicable laws, typically within 30 days. This can be done by deleting the UGC or the User Account.

Your Rights Under Data Protection Laws

Depending on your jurisdiction, you may have certain rights regarding your Personal Data, including:

  • Right of Access: You may request access to the Personal Data we hold about you.
  • Right of Rectification: You may request corrections to inaccurate or incomplete Personal Data.
  • Right to Erasure: You may request the deletion of your Personal Data, subject to certain legal limitations.
  • Right to Object: You may object to the processing of your Personal Data under certain circumstances.
  • Right to Withdraw Consent: If we rely on your consent to process your Personal Data, you may withdraw that consent at any time.
  • Right to Data Portability: You may request a copy of your Personal Data in a structured, machine-readable format.

If you wish to exercise any of these rights, please contact us at the details provided below. We will respond to your request in accordance with applicable law, within the timeframes set by that law.

AI-Based Content Moderation

We may use automated systems and AI technologies to analyze uploaded content for compliance with our privacy and content guidelines. These technologies can detect sensitive information such as facial images or identifiable personal data. If any such content is detected, it will be flagged and removed automatically, or you will be contacted to resolve the issue. We also utilize AI and manual reviews to ensure that any sensitive content such as license plates, home addresses, or faces are not inadvertently shared on the platform.

Reporting Violations and Appeals

  • Content Reporting: If you encounter content that violates this policy or infringes your rights, you can report it to us through our platform. We will review the report and take appropriate action, which may include removal of the content.
  • Appeals Process: If you believe content has been wrongly flagged or removed, you have the right to appeal our decision. Please contact us with the details, and we will reassess the situation. Our goal is to handle these matters with transparency and fairness.

Children’s Privacy

Our Service is not intended for children under the age of 13. If we discover that a child under 13 has provided us with Personal Data, we will take immediate steps to delete that data. If you are a parent or guardian and believe we may have collected Personal Data from a child under the age of 13, please contact us immediately.

Changes to this Privacy Policy

We may update this Privacy Policy from time to time. We will notify you of any significant changes by posting the updated Privacy Policy on this page, along with the “Last Updated” date. In the case of material changes that impact your rights, we will make reasonable efforts to notify you via email or in-app notifications.

Limitation of Liability

To the fullest extent permitted by law, we disclaim all liability for any loss, damage, or injury that may arise from the use of your Personal Data, including any data breaches or misuse by third parties. We take all reasonable steps to secure your information, but you acknowledge that no security system is perfect or impenetrable. You are responsible for keeping your account credentials confidential and for taking reasonable precautions to secure your devices.

Back in 5 disclaims any liability for loss, damage, or injury arising from the use of user-generated content, including content that may infringe upon third-party rights. You are responsible for ensuring that the content you upload does not violate any laws or rights. We will only act upon your instructions or content as per your uploads, and we take no responsibility for content that infringes others’ rights.

Contact Us

If you have any questions about this Privacy Policy, please contact us at:

Email: Support@backin5.com