Usage and Confidentiality Policy

This Usage and Confidentiality Policy (the "Policy") applies to every person who accesses AgentsPayouts: the authorized users of a customer travel agency (the "Agency"), whether as agents or as administrators, and the independent agents who use AgentsPayouts on their own. SMTM LAB LLC operates the platform. The Policy supplements the Terms and Conditions of Use, in particular section 5.2, the Privacy Policy and the Data Processing Agreement. If you are an independent agent, you are both the Customer and the User: where this Policy refers to the Agency, it refers to you as Customer. By accepting it, you directly undertake the commitments described below with respect to the personal data of end clients.

1. Your role and the Agency's role

With respect to its end clients' data, the Agency is the Data Controller and SMTM LAB LLC acts as Data Processor on behalf of the Agency. Your access exists because the Agency authorizes it, and you must process personal data in accordance with applicable law, the Terms and Conditions of Use, the Privacy Policy, the Agency's instructions and, where applicable, the applicable Data Processing Agreement. This Policy does not alter the Agency's status as Data Controller or SMTM LAB LLC's status as Data Processor with respect to that data.

2. Your commitments

As a condition for accessing and using the platform, you agree to:

a) Upload only what is necessary. Upload only personal data that is adequate, relevant and limited to what is reasonably necessary to manage trips, bookings, sales, commissions and other activities authorized by the Agency. The Agency is responsible for having a valid legal basis and for providing the privacy notices and obtaining the consents or authorizations that may be required. Where the data relates to minors, follow the Agency's instructions; the Agency must ensure that the data has been provided or authorized by the minor's parent, guardian, legal representative or an adult legally authorized to manage the booking, as appropriate under applicable law.

b) Use the data only for the Agency. Use the data exclusively for the activities authorized by the Agency. You may not copy, download, export, retain, disclose or use that data for personal or competitive purposes, or for purposes unrelated to the Agency. This does not prevent you from processing or communicating the data when reasonably necessary to manage the trip, follow the Agency's instructions, respond to a request from the end client, communicate with authorized travel providers (for example, hotels, tour operators or insurers) or comply with a legal obligation.

c) Do not enter data the platform does not request. Do not enter information that the platform does not expressly request, including full passport or identity document numbers, Social Security numbers, full payment card details, security codes, access credentials, or medical, biometric, religious or other sensitive categories of information. The passport expiration date may be entered only in the field enabled for that purpose and when it is necessary to manage the trip.

d) Keep data accurate and forward requests. Take reasonable measures to keep the data accurate and up to date. If an end client asks you to access, correct or delete their data, objects to its processing or requests its portability, communicate it immediately to the Agency and do not resolve it directly within the platform unless the Agency expressly authorizes you to do so.

e) Keep the data confidential. Maintain the confidentiality of the data during your relationship with the Agency and after it ends. Client data and business records remain under the Agency's control, without prejudice to the rights that applicable law grants to data subjects. Your access ends when the Agency revokes it or when your relationship with the Agency ends.

f) Protect your account. Keep your access credentials confidential, do not share accounts, and use only your own user account.

g) Report any incident within 24 hours. Inform the Agency and SMTM LAB LLC without undue delay, and in any event within twenty-four (24) hours of becoming aware, of any loss of credentials, unauthorized access, disclosure, download, alteration, deletion or misuse, actual or suspected, of the data. You must preserve the available information and cooperate reasonably with the investigation and mitigation of the incident. You can contact SMTM LAB LLC at [email protected].

3. Restriction or suspension of access

Where SMTM LAB LLC reasonably considers that your access poses a risk to the security, confidentiality or integrity of the Service or of the data, it may temporarily restrict or suspend it. Whenever reasonably possible, SMTM LAB LLC will notify the Agency of the measure taken. The Agency may also revoke your access.

4. Responsibility

The Agency is liable to SMTM LAB LLC for the acts and omissions of its authorized users in connection with the Service. This does not release you from the responsibilities that apply to you under your relationship with the Agency and applicable law.

5. Acceptance and changes

You must accept this Policy to use the platform. When you accept it, we record your user, the Agency, your role, the accepted version, a digital fingerprint (SHA-256 hash) of the exact text, the language, the date and time (UTC), the IP address and the browser or device from which you accept it (user agent). You can download the version you accepted from your profile. If we make material changes, we will ask you to accept it again before you continue using the platform.

6. Contact

For questions about this Policy, write to [email protected]; for privacy questions, to [email protected]. SMTM LAB LLC, 9826 Introduction Way, Orlando, FL 32832, United States.