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VACAYRX PRIVACY POLICY

 

Last Updated 5/16/18

 

We have recently updated our Terms of Service and Privacy Policy (Collectively, “Terms”). If you signed up for an account prior to May 16th, 2018 we will ask you to agree to our new Terms when you use Vacayrx, vacayrx.com, or any product produced by Vacation Rental Consultants LLC. Any new users who register for our service after 5/16/18 will automatically agree to the Terms set forth and all continued use of the service after this date will be automatically subject to these new Terms. Please read the Terms carefully.  If you signed up for an account after 5/16/18 these Terms apply to you.

 

We are serious about protecting the privacy of our users.  This Privacy Policy describes how we use and protect your personal data.  It applies to Vacation Rental Consultants LLC, Vacayrx, Vacayrx Group, vacayrx.com, Vacayrx software LLC, any subdomains thereof and any other websites where this policy is linked to in the footer of the page and any mobile application of such websites (which we have collectively called the “Site” in this policy).

 

The Site is operated by Vacayrx which is owned and operated by Vacation Rental Consultants LLC.

 

Vacayrx (hereinafter referred to as “Vacayrx”, “we”, “us” or “our”) operates a platform and community marketplace that helps people form offline experiences and relationships directly with one another, where they can create, list, discover, and book unique accommodations around the world, whether through our website or our mobile applications (“Platform, or Site”).

 

The terms “users” or “you” as used in this Privacy Policy, refer to travelers, who use the Site to look for properties to rent, members who list their properties for rent on the Site and other users who use software or other tools or services we provide on a Site.  It also applies to other visitors to our site – for example our investors or those applying for a job through the Site.

 

We use information collected about you as explained in this Privacy Policy. The Site may contain links to third parties’ websites. We’re not responsible for the privacy practices or the content of those websites. The Site may also contain links to terms and conditions and privacy policies of third party providers who provide tools or services on a Site. Therefore, please read carefully any privacy policies on those links or websites before either agreeing to their terms or using those tools, services or websites.  Unless we explain otherwise in this policy, the words and phrases used in this policy have the same meaning as in the Terms of Service – available at Terms of Service.

 

By providing information to us when creating a property listing, searching for a property, using any tool or service on a Site or otherwise using the Site, you expressly agree to this Privacy Policy. If you do not agree to any part of this Privacy Policy, then we cannot provide the Platform or Services to you, and you should stop accessing the Platform and deactivate your Vacayrx Account. You can find out more about how to deactivate your Vacayrx Account by accessing your Profile on the Site in the “Settings” tab. This Privacy Policy was last updated on the date set forth above and applies from that date.  We may occasionally amend this Privacy Policy to reflect regulatory requirements, advances in technology, Site updates and changes in our information collection and disclosure practices. Any new policy will automatically be effective when it is published on the website. You should therefore return here regularly to view our most up to date Privacy Policy. You should also print a copy for your records.

 

DEFINITIONS

 

Where the definition of a term does not appear in this Privacy Policy (such as “Listing”, “Accommodation”, “Content,” “Services” etc.), it shall be given its definition as outlined in our Terms of Service.

 

Affiliates” means companies related by common ownership or control. They can be financial and non-financial companies.

 

Aggregated Information” means information about all of our users or specific groups or categories of users that we combine together so that it no longer identifies or references an individual user.

 

Data Controller” means Vacayrx, the company responsible for the use and processing of Personal Information.

 

Third Parties” means companies or persons not related by common ownership or control (i.e. non-affiliates) or other unrelated individuals. Third Parties can be financial and non-financial companies, or persons other than you and Vacayrx.

 

Personal Information” means information (which may include sensitive information) relating to a living individual who is or can be identified either from that information or from that information in conjunction with other information that is in, or is likely to come into, the possession of the Data Controller.

 

  1. WHAT TYPES OF INFORMATION DOES VACAYRX GATHER ABOUT ITS USERS?

 

Your personal data (also referred to as personal information) – that is, data that identifies you, or from which you are identifiable – will be collected, processed, stored and used by us, and passed to and processed by companies in the Vacayrx Group and other data processors acting under our instructions. Vacayrx is a global business.  As a result, personal data contributed by or collected from users may be stored and processed in the United States or any other country in which we, members of the Vacayrx Group or our agents maintain facilities.  By using our Site, you acknowledge and agree that you may be transferring your personal data outside of the country in which you have contributed it (“your country”), and that you consent to any transfer of information outside of your country. These countries may not have similar data protection laws to those that apply in your country. However, if we transfer your personal data outside of your country in this way, we will take steps to try to ensure that your privacy rights are protected in compliance with applicable data protection law, and this Privacy Policy.

 

We do not knowingly collect or process data from anyone under the age of eighteen (18) years old.

 

Vacation Rental Consultants LLC Group sites may also use Google Analytics to gather statistics on site usage.  This may involve the use of cookies.  There are more details in our Cookie Notice and in Google’s own privacy policy.  Google may aggregate data they collect from their various services including Google Analytics, Google Translate, Google Maps and YouTube.  You acknowledge and accept that Vacation Rental Consultants LLC Group have no control over Google’s data collection.  We strongly advise you to look at Google’s privacy policy for details of their data collection practices, or you may want to opt out from Google Analytics please check here https://tools.google.com/dlpage/gaoptout.

 

Information that you give us

 

We receive, store and process information, including Personal Information, that you make available to us when accessing or using our Platform and Services. Examples include when you:

 

  • fill in any form on the Platform, such as when you register or update the details of your user account, or when you supply ID and other verification information;
  • access or use the Platform, such as to search for or post Accommodations, make or accept bookings, pay for Accommodations, book or pay for any associated services that may be available (such as but not limited to cleaning), post comments or reviews, or communicate with other users;
  • link your account on a Third-Party site (e.g. Facebook) to your Vacayrx Account, in which case we will obtain the Personal Information that you have provided to the Third-Party site, to the extent allowed by your settings with the Third-Party site and authorized by you;
  • communicate with Vacayrx; and
  • share information with another Member.

 

Information we get from your use of our Platform

 

At various times you may give your personal data to us. For example, in order to send a booking request to a property owner/manager, we may need to know all or some of the following: your full name, address, telephone number, e-mail address, photo ID verification, your current location, and, in the case of a member’s listing, a method of payment. You may also give personal data to us at other times, such as when registering on the Site or when submitting a property listing.  We may also gather information from cookies or web beacons.  You can find out more about they operate in the relevant section of this policy below.  We also collect IP addresses, mobile device identifier details, your location, navigation and click-stream data, the time of accessing the website, homes you viewed, what you searched for, the duration of your visit, and other  details of your activity on the Site. If you ask us to connect with other sites (for example if you ask us to connect with your Facebook account) we may get information that way too.  In connection with electronic communications we facilitate through a Site, we use electronic or manual checks to monitor such communications for trust and security purposes.  For further details on how we collect personal data, see Surveys and Newsletters below.  We obtain data from you either by you inputting your personal details, by the automatic collection of information about you as you use the Site, when we speak to you, or from third parties.  Third party information may include financial information which we use to prevent and detect fraud, information from your mobile provider if you are accessing the Site over a mobile device or information from a third party such as a social media or travel opinions site where you have asked us to share your data with them.

 

Our primary purpose in collecting your personal data is to provide you with the services you request and those which we believe will optimize your use of the Site.  You agree that we may use your personal data for the following purposes:

 

  • to enable you to access and use the Platform;
  • For the services, or to support your request;
  • To contact you from time to time with user or service updates;
  • To send other messages that help us provide our services on the Site;
  • To assist people you have done (or have agreed to do) business with.  For example if you are a property owner and a traveler who has booked or inquired with you needs your details we may pass them on; if you are a traveler and a property owner you have booked with needs to contact you we may give them your details;
  • To customize, measure, report on and improve our services, content and advertising;
  • To promote services related to the Site or those of the Vacayrx Group and/or our affiliates;
  • To compare information for accuracy, and verify it with third parties;
  • To prevent, investigate or prosecute activity we think may be potentially illegal, unlawful or harmful
  • to enable you to communicate with other Members, including but not limited to by sending them messages or other information during the Booking process;
  • to operate, protect, improve and optimize the Platform, Vacayrx’s business, and our users’ experience, such as to perform analytics, conduct research, personalize or otherwise customize your experience, and to provide customer service;
  • to help create and maintain a trusted and safer environment on the Platform and Services, such as detection and prevention of actual and potential fraud and other harmful activity, conducting investigations and risk assessments, enforcing our Terms and policies, verifying the address of your listings, verifying any identifications provided by you (including by comparing the photo on that identification to another photo you provide to us), and conducting checks against databases and information sources (such as but not limited to public government databases) for fraud detection and prevention, risk assessment and harm prevention purposes. In this regard, we may do any or all of the foregoing with or without further notifying you;
  • to send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you;
  • to send you marketing, advertising, and promotional messages and other information that may be of interest to you, including information about Vacayrx, our services, or general promotions for partner campaigns and services. You can unsubscribe or opt-out from receiving these communications in your settings (in the “Account” section) when you login to your Vacayrx Account;
  • if a Guest has an employment or consulting relationship with a company or other organization that participates in the Vacayrx Business Travel Program, and that Guest has linked their Vacayrx Account to that organization, to administer the Vacayrx Corporate Travel Program;
  • to administer referral programs, rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored or managed by Vacayrx or our Third Party business partners; and
  • to comply with our legal obligations, resolve any disputes that we may have with any of our users, and enforce our agreements with Third Parties.
  • To enforce our Privacy Policy and/or our Terms or any other purpose referenced herein or therein.

 

Further, we collate statistics about site traffic, sales and other commercial information which we pass onto third parties to assist us in improving the services we provide to you. We also use demographic information to tailor the Site and we share that information with third parties so that they can build up a better picture of our customer base and general consumer trends.

 

If you are a member, we may also display your phone number on the listing itself so that travelers and guests may contact you and to restrict fraudulent behavior. We may also contact you about your account and your use of our services.

 

We also receive, store and process information, possibly including Personal Information, when you access or use our Platform and Services, including but not limited to:

 

  • Mobile Data

When you use certain features of the Platform, in particular our mobile applications we may receive, store and process different types of information about your location, including general information (e.g. IP address, zip code) and more specific information (e.g. GPS-based functionality on mobile devices used to access the Platform or specific features of the platform). If you access the Platform through a mobile device and you do not want your device to provide us with location-tracking information, you can disable the GPS or other location-tracking functions on your device, provided your device allows you to do this. See your device manufacturer’s instructions for further details.

 

  • Log Data

 

We may also receive, store and process Log Data, which is information that is automatically recorded by our servers whenever you access or use the Platform, regardless of whether you are registered with Vacayrx or logged in to your Vacayrx Account, such as your IP Address, the date and time you access or use the Platform, the hardware and software you are using, referring and exit pages and URLs, the number of clicks, device event information, pages viewed and the order of those pages, and the amount of time spent on particular pages.

 

  • Cookies and other Tracking Technologies

 

Vacayrx uses cookies and other similar technologies, such as mobile application and other device identifiers, on the Platform. We may also allow our business partners to use their cookies and other tracking technologies on the Platform. As a result, when you access or use the Platform, you will provide or make available certain information to us and to our business partners.

 

While you may disable the usage of cookies through your browser settings, we do not change our practices in response to a “Do Not Track” signal in the HTTP header from your browser or mobile application. We track your activities if you click on advertisements for Vacayrx services on Third-Party platforms such as search engines and social networks, and may use analytics to track what you do in response to those advertisements.

 

We may, either directly or through Third Parties we engage to provide services to us, also continue to track your behavior on our own Platform for purposes of our own customer support, analytics, research, product development, fraud prevention, risk assessment, regulatory compliance, investigation, as well as to enable you to use and access the Platform and pay for your activities on the Platform. We may also, either directly or through Third-Parties we engage to provide services to us, track your behavior on our own Platform to market and advertise our services to you on the Platform and Third-Party websites. Third Parties that use cookies and other tracking technologies to deliver targeted advertisements on our Platform and/or Third-Party websites may offer you a way to prevent such targeted advertisements by opting-out at the websites of industry groups such as the Network Advertising Initiative and/or the Digital Advertising Alliance. You may also be able to control advertising cookies provided by publishers, for example Google’s Ad Preference Manager. Please note that even if you choose to opt-out of receiving targeted advertising, you may still receive advertising on or about the Platform – it just will not be tailored to your interests. In addition, if you disable cookies, you may lose some of the features and functionality of using our Platform, Application and Services, as cookies are necessary to track and enhance your use and access.

 

Third Parties may not collect information about users’ online activities on the Platform except as described in this policy and our Cookie Policy.

 

  • Third-Party social plugins

 

Our Platform may use social plugins which are provided and operated by Third-Parties, such as Facebook’s Like Button.

 

As a result of this, you may send to the Third-Party the information that you are viewing on a certain part of our Platform. If you are not logged into your account with the Third-Party, then the Third Party may not know your identity. If you are logged into your account with the Third Party, then the Third Party may be able to link information about your visit to our Platform to your account with them. Similarly, your interactions with the social plugin may be recorded by the Third Party.

 

Please refer to the Third Party’s privacy policy to find out more about its data practices, such as what data is collected about you and how the Third Party uses such data.

 

  1. HOW VACAYRX USES AND PROCESSES THE INFORMATION THAT YOU PROVIDE OR MAKE AVAILABLE

 

How Vacayrx Uses and Processes User Communications

 

We may, either directly or through Third-Parties we engage to provide services to us, review, scan, or analyze your communications with other users exchanged via the Platform for fraud prevention, risk assessment, regulatory compliance, investigation, product development, research and customer support purposes. For example, as part of our fraud prevention efforts, the Platform may scan and analyze messages to mask contact information and references to other websites. This helps to prevent fraudulent actors from asking Guests to send them money outside of the Platform, such as by bank transfer or other money transfer methods. We may also scan, review or analyze messages for research and product development purposes to help make search, booking and user communications more efficient and effective, as well as to debug, improve and expand product offerings. We will not review, scan, or analyze your communications for sending Third-Party marketing messages to you. We will also not sell these reviews or analyses of communications to Third Parties. We will also use automated methods to carry out these reviews or analyses where reasonably possible. However, from time to time we may have to manually review some communications. By using the Platform, you consent that Vacayrx, in its sole discretion, may, either directly or through Third-Parties we engage to provide services to us, review, scan, analyze, and store your communications, whether done manually or through automated means.

 

Your details may also be sent to us and we have access to those communications even if you contact the member directly. If members and travelers further engage in communications through a Site, we also have access to those communications, which we monitor for trust and security purposes. Additionally those inquiries and messages may be hosted on, be processed by or transmit through our servers. If you engage in such communications and call the other party, you may be asked to leave a return telephone number. Do not share information in the e-mail or phone call that you are not prepared to allow such person and Vacation Rental Consultants LLC Group to have, including, but not limited to, credit card and bank account information. In addition inquiries and messages can be sent to the individual member you selected and to our system. Our customer service team may share such communications with members. We may also from time to time, use third party e-mail servers to send and track receipt of such communications, and analyze the pattern of such communications for trust and security purposes as well as to gather data, such as inquiry and booking data (on an anonymous basis), to assist us in better understanding our business.

 

As well as collecting data online and from correspondence we may also speak with you face to face (for example at an Owner’s meeting) or by telephone.  We frequently record telephone conversations.  This Privacy Policy also governs those recordings and we keep this data in the same way that we keep other data.  Recordings of calls may also be transferred to locations or processed worldwide.

 

  1. WHEN VACAYRX DISCLOSES OR SHARES YOUR PERSONAL INFORMATION, AND TO WHOM

 

IMPORTANT: When you use the Platform, your data may be sent to the United States and possibly other countries.

 

We may transfer, store, use and process your information, including any Personal Information, to countries outside of the European Economic Area (“EEA”) including the United States Please note that laws vary from jurisdiction to jurisdiction, and so the privacy laws applicable to the places where your information is transferred to or stored, used or processed in, may be different from the privacy laws applicable to the place where you are resident.

 

Your Personal Information may be disclosed as follows:

 

  • Parts of your public profile page that contain some Personal Information may be displayed in other parts of the Platform to other users for marketing purposes or if you post content in a community forum or other features on the Platform that are visible to the general public.
  • Your public Listing page will always include some minimum information such as the city and neighborhood where the Accommodation is located, your listing description, your calendar availability, your public profile photo, your responsiveness in replying to Guests’ queries, and any additional information you share with other Members. Your public Listing page may also include aggregated demand information (such as number of page views over a period of time). Parts of your public Listing page may be displayed in other parts of the Platform to other Members and/or Third Party platforms for marketing purposes. The Platform may also display the Accommodation’s approximate geographic location on a map, such that a user can see the general area of the Accommodation.
  • The Platform allows your public profile and public Listing pages to be included in search engines, in which case your public profile and public Listing pages will be indexed by search engines and may be published as search results. This option is enabled by default, and you may opt out of this feature by changing your settings on the Platform. If you change your settings or the information on your public profile or public Listing pages, Third-Party search engines may not update their databases quickly or at all. We do not control the practices of Third-Party search engines, and they may use caches containing outdated information, including any information indexed by the search engine before you change your settings or the information on your public profile or public Listing pages.
  • When you submit a request to book an Accommodation, your full name, and the full name of any confirmed Guests staying with you, and other Personal Information you agree to pass through to the Owner(s) will become visible to the Owner(s) of any Listing you Book or request to Book. We may also disclose parts of your public profile; other Member reviews of you; and any additional information you share with other Members. We will not share your phone number unless there is a confirmed booking; if there is a confirmed booking, your phone number will become visible to the Owner(s)/Guest, who may call you directly.
  • When your request to book an Accommodation is accepted by the Owner(s) or when a Guest books your Accommodation, we will disclose some of your Personal Information to the Owner(s) and any confirmed Guest(s). However, your billing and payout information will never be shared with another user. If a Guest books an Accommodation for a business trip, and the Guest is engaged or employed by a company or other organization that is enrolled in our Business Travel Program, we may disclose the name of the Owner and the address and other Accommodation information to the Guest’s organization.
  • When an Owner accepts your request to book an Accommodation, the Owner may elect to use Third-Party services available through the Vacayrx platform to assist with managing the Accommodation, such as cleaning services and lock providers. The Owner may use features on the Vacayrx platform to share information about the Guest with that Third-Party service provider for the purposes of coordinating the stay or managing the Accommodation, including check-in and check-out dates, Guest name, Guest’s phone number, and the Guest’s anonymized email address.
  • You may have an employment or consulting relationship with a company or other organization that participates in the Vacayrx Corporate Travel Program. If your organization participates in our Corporate Travel Program, we may share with it information related to your bookings through the Corporate Travel Program. If you as a Guest have linked your Vacayrx Account to your organization and indicate that a booking is for business purposes, we may disclose your booking information (which may include your Personal Information) to your organization. Typically this information will include your name, dates of the booking, number of guests, cost of the booking, and the address of the booking. In addition, if your organization has requested that we provide it with information in the event of a dispute, emergency or similar situation involving your bookings through the Corporate Travel Program, we may notify your organization of the situation and disclose to it any information, including your Personal Information, that we believe in good faith is necessary to safely and quickly resolve or address the situation. If your organization uses Third Party travel management and/or crisis management companies, we may also disclose your booking information, or information related to a dispute, emergency or similar situation involving you, to those Third Parties.
  • When a Guest stays at your Accommodation or when you stay at a Owner’s Accommodation, we may ask you to review the Guest, Owner, or the Accommodation. If you choose to provide a review, your review may be public on the Platform. Likewise, another Member’s review of you as a Guest or Owner may be public on the Platform.
  • You may link your account on a Third-Party social networking site to your Vacayrx Account. We refer to a person’s contacts on these Third-Party sites as “Friends” or “Connections”. When you create this linkage:
      • some of the information you provide to us from the linking of your accounts may be published on your Vacayrx Account profile;
      • your activities on the Platform may be displayed to your Connections on the Platform and/or that Third-Party site;
      • a link to your public profile on that Third-Party social networking site may be included in your Vacayrx public profile;
      • other Vacayrx users may be able to see any common Friends that you may have with them, or that you are a Friend of their Friend if applicable;
      • other Vacayrx users may be able to see any schools, hometowns or other groups you have in common with them as listed on your linked social networking site(s);
      • the information you provide to us from the linking of your accounts may be stored, processed and transmitted for fraud prevention and risk assessment purposes; and
      • the publication and display of information that you provide to Vacayrx through this linkage is subject to your settings and authorizations on the Platform and the Third-Party site.
  • We may distribute parts of the Platform (including your Listing) for display on sites operated by Vacayrx’s business partners and affiliates, using technologies such as HTML widgets. If and when your Listings are displayed on a partner’s site, information from your public profile page may also be displayed.
  • Vacayrx may provide your Personal Information to its Affiliates, including Vacayrx Payments, and their employees, to use and process your Personal Information in the same way and to the same extent that we are permitted to under this Privacy Policy. These related entities comply with the same obligations that we have to protect your Personal Information under this Privacy Policy. Vacayrx Payments may share your Personal Information for (i) their everyday business purposes; (ii) to jointly market products or services to you with other financial Third Parties with whom Vacayrx Payments has a formal agreement; and (iii) with respect to information about your transactions and experiences only, for their Affiliates’ everyday purposes. You can unsubscribe or opt-out from receiving marketing communications in your settings (in the “Account” section) when you login to your Vacayrx account.
  • We may also engage Third Parties, who may be located outside of the EEA, to provide services to us, including but not limited to technology services and services to help verify your identification, to help match the photo on your ID to other photos of yourself you send to us, to conduct checks against databases such as but not limited to public government databases (where legally allowed), to otherwise assist us with fraud prevention and risk assessment, to assist us with customer service, to serve targeted ads, and to facilitate the payments or reimbursements you request (such as American Express). We may provide Personal Information about you to these Third Parties, or give them access to this Personal Information, for the limited purpose of allowing them to provide these services. For example, if we hire Third Parties, where permitted by applicable law, to conduct checks against databases such as but not limited to public government databases, we may provide your Personal Information, such as your full name and date of birth, to the Third Parties for the limited purpose of allowing them to conduct such checks, including background or registered sex offender checks, on our behalf. We will ensure that such Third Parties have contractual obligations to protect this Personal Information and to not use it for unrelated purposes.
  • For any jurisdiction in which we facilitate the Collection and Remittance of Taxes or Opt-in for Host Remittance of Taxes as described in the “Taxes” section of the Terms of Service, Owners and Guests expressly grant us permission, without further notice, to store, transfer and disclose data and other information relating to them or to their transactions, bookings, Accommodations and Occupancy Taxes, including, but not limited to, personally identifiable information such as Owner or Guest’s name, listing addresses, transaction dates and amounts, tax identification number(s), the amount of taxes received by Owners from Guests, or allegedly due, contact information and similar information, to the relevant Tax Authority.
  • You acknowledge, consent and agree that Vacayrx may access, preserve and disclose your account information and Collective Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary (a) to respond to claims asserted against Vacayrx; (b) to comply with legal process (for example, subpoenas and warrants), including legal process associated with national security and law enforcement; (c) to enforce and administer our agreements with users, such as the Terms of Service, the Payment Terms of Service, and this Privacy Policy, (d) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes; or (e) to protect the rights, property or personal safety of Vacayrx, its users or members of the public.

 

We will use commercially reasonable efforts to notify users about law enforcement requests for their data unless:

 

  • providing notice is prohibited by the legal process itself, by court order we receive, or by applicable law; or
  • we believe that providing notice would (a) be futile, (b) be ineffective, or (c) would create a risk of injury or bodily harm to an individual or group, or (d) create or increase a risk of fraud upon Vacayrx’s property, its Members, the Platform, Application, or Services (collectively, “Risk Scenarios”).In instances where Vacayrx complies with legal requests for user data without notice to the user for the reasons described above, Vacayrx will use commercially reasonable efforts to notify that user about the request after the fact if we determine in good faith that we are no longer legally prohibited from doing so and that no Risk Scenarios apply.

 

We may disclose your personal data to enforce our policies, or where we are permitted to do so by applicable law, such as in response to a request by a law enforcement or governmental authority, or in connection with actual or proposed litigation, or to protect our property, people and other rights or interests.

 

You may have accessed our website through a hyperlink from the website of one of our trading partners.  If so, you consent to your personal details and purchase information, including behavioral patterns, being shared with that trading partner in accordance with our contractual relationship with them.

 

  • We may also publish, disclose and use Aggregated Information and non-personal information for industry and market analysis, demographic profiling, marketing and advertising, and other business purposes.
  1. How Do We Protect Your Personal Information Once We Have It?                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 We take reasonable technical and organizational measures to guard against unauthorized or unlawful processing of your personal data and against accidental loss or destruction of, or damage to, your personal data. While no system is completely secure, we believe the measures implemented by the Site reduce our vulnerability to security problems to a level appropriate to the type of data involved. We have security measures in place to protect our user database and access to this database is restricted internally. However, it remains your responsibility:
  • To protect against unauthorized access to your use of the Site;
  • To ensure no-one else uses the Site while your machine is logged on to the Site (including by logging on to your machine through a mobile, Wi-Fi or shared access connection you are using);
  • To log off or exit from the Site when not using it;
  • Where relevant, to keep your password or other access information secret.  Your password and log in details are personal to you and should not be given to anyone else or used to provide shared access for example over a network; and
  • To maintain good internet security.  For example if your email account or Facebook account is compromised this could allow access to your account with us if you have given us those details and/or permitted access through those accounts. If your email account is compromised it could be used to ask us to reset a password and gain access to your account with us. You should keep all of your account details secure.  If you think that any of your accounts has been compromised you should change your account credentials with us, and in particular make sure any compromised account does not allow access to your account with us.  You should also tell us as soon as you can, so that we can try to help you keep your account secure and if necessary warn anyone else who could be affected.

 

If you have asked us to share data with third party sites, however (such as Facebook) their servers may not be secure. Credit card information is generally stored by our credit card processing partners and we ask them to keep that data secure.  We also use third parties to help us optimize our website flow, content and advertising (see below).

 

  1. STATE PRIVACY LAWS

 

For California & Vermont residents: Vacayrx will not share information it collects about you with Affiliates or Third Parties, except as required or permitted by your state’s law.

California law permits Users who are California residents to request and obtain from us once per year, free of charge, a list of third parties to whom we have disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year as well as the type of information disclosed. We do not share information with third parties for their own direct marketing purposes without your consent. Accordingly, you can prevent disclosure of information to third parties by withholding consent.

 

  1. BUSINESS TRANSFERS BY VACAYRX

 

In the unlikely event that Vacation Rental Consultants LLC or any part of the Vacayrx Group becomes subject to any merger, acquisition, reorganization, sale of assets or bankruptcy or insolvency event, or have some of its assets transferred to a third party, your personal information, as a valuable asset, may also be transferred.  Potential purchasers and their advisors may have access to data as part of the sale process. However, use of your personal information will remain subject to this Privacy Policy. Similarly, your personal information may be passed on to a successor in interest in the unlikely event of a liquidation, bankruptcy, or administration. Our customer database could be sold separately from the rest of the business, in whole or in a number of parts.  It could be that the purchaser’s business is different from ours, too. In this event, we will notify you before your Personal Information is transferred and becomes subject to a different privacy policy.

 

  1. HOW TO ACCESS, CHANGE OR DELETE YOUR INFORMATION, OR CANCEL YOUR VACAYRX ACCOUNT

 

You may review, update, correct or delete the Personal Information in your Vacayrx Account. If you would like to correct your information or cancel your Vacayrx Account entirely, you can do so by logging in to your Vacayrx Account. Please also note that any reviews, forum postings and similar materials posted by you may continue to be publicly available on the Platform in association with your first name, even after your Vacayrx Account is cancelled.

 

  1. SECURING YOUR PERSONAL INFORMATION

 

We are continuously implementing and updating administrative, technical, and physical security measures to help protect your Personal Information against unauthorized access, destruction or alteration. However, no method of transmission over the Internet, and no method of storing electronic information, can be 100% secure and we cannot guarantee the security of your transmissions to us or any Personal Information that we store.

 

  1. YOUR PRIVACY WHEN YOU ACCESS THIRD-PARTY WEBSITES AND RESOURCES

 

The Platform will contain links to other websites not owned or controlled by Vacayrx. Vacayrx does not have any control over Third-Party websites. These other websites may place their own cookies, web beacons or other files on your device, or collect and solicit Personal Information from you. They will have their own rules about the collection, use and disclosure of Personal Information. We encourage you to read the terms of use and privacy policies of the other websites that you visit.

 

Some portions of the Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google’s terms of use (located at www.google.com/intl/en_us/help/terms_maps.html) and Google’s privacy policy (located atwww.google.com/privacy.html), as may be amended by Google from time to time.

 

  1. SPECIAL FEATURES AND PROGRAMS

 

Referral service and requesting references

 

The Platform provides a referral service that allows you to invite your Friends or prior Guests to use the Platform. The Platform also allows you to ask your Friends and contacts to write a reference for you, to be published on your Vacayrx profile.

 

We may integrate the Platform with third party sites such as Facebook, so that you can send invitation messages or requests for references via the third party site itself. These messages will be sent by the third party site, and Vacayrx does not collect or retain the contact information that is used to send them.

 

You may also send invitation/request emails via the Platform itself, in which case we will ask you for the contact information to which to send your invitation/request. You can type in the email addresses or other contact information manually, or you can choose to import the contacts in your address book(s). In both cases, we may use and store this information for the sole purposes of allowing you to send your friends and contacts an invitation or request for a reference, and for fraud detection and prevention. With respect to referrals, we will also store the email addresses of your invitees to track if your friend joins Vacayrx in response to your referral.

 

If you request us to import your contacts, we will collect, but not store, the username and password for the email account you wish to import your contacts from. We will use this information only for the purpose of importing your contacts.

Affiliate Program

 

If you are allowed to join Vacayrx’s Affiliate Program and you sign up for it, you will have to provide us with certain Personal Information to enable us to provide the Affiliate Program to you.

 

 Meetups

 

The Platform may allow registered account holders to organize, search for or participate in offline events (“Meetups”) in selected cities.If you organize a Meetup or indicate that you will attend one, this information, together with some of your public information (such as your profile picture and public profile page) and any messages that you post about that Meetup, will be visible to users who browse the event. However, Vacayrx will never disclose where you are staying to another meetup user.

 

Newsletters

 

If you sign up as a member on the Site, you will receive our Owner newsletter, which is an integral part of the services we provide. Traveler users of the Site will be given the option to receive our Traveler newsletter when they register with us. The Vacayrx Group may offer different newsletters from time to time intended to enhance the services we or they offer. Users may cancel their subscription to these newsletters at any time, although it may take a short while for the changes in your preferences to become effective.

 

Surveys                                                                                                                                                                                             

 

We also use surveys to collect information about our users. From time to time, we request users’ input in order to evaluate potential features and services. The decision to answer a survey is completely yours. We use information gathered from surveys to improve our services.

 

Games

 

From time to time we may provide games on the Site.  These games may allow for connectivity with other users or third parties.  If that is the case you consent to your personal data being transferred accordingly.

 

Mobile Applications

 

When you download or use apps relating to our website or services, we may receive information about your location and your mobile device, including a unique identifier for your device. We may use this information to provide you with location-based services, such as advertising, search results, and other personalized content. Most mobile devices allow you to turn off location services. If you have questions about how to disable your device’s location services, we recommend you contact your mobile service carrier or your device manufacturer.

 

  1. CHANGES TO THIS PRIVACY POLICY

 

We may change how we collect and then use Personal Information at any time and without prior notice, at our sole discretion. We may change this Privacy Policy at any time. If we make material changes to the Privacy Policy, we will notify you either by posting the changed Privacy Policy on the Platform or by sending an email to you. We will also update the “Last Updated” date at the top of this Privacy Policy. If we let you know of changes through an email communication, then the date on which we send the email will be deemed to be the date of your receipt of that email.

 

It’s important that you review the changed Privacy Policy. If you do not wish to agree to the changed Privacy Policy, then we will not be able to continue providing the Platform and Services to you, and your only option will be to stop accessing the Platform and Services and deactivate your Vacayrx Account. You can find out more about how to deactivate your Vacayrx Account at http://help.vacayrx.com/

 

  1. PHISHING OR FALSE EMAILS                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             If you receive an unsolicited email that appears to be from us or one of our members that requests personal information (such as your credit card, login, or password), or that asks you to verify or confirm your account or other personal information by clicking on a link, that email was likely to have been sent by someone trying to unlawfully obtain your information, sometimes referred to as a “phisher” or “spoofer.” We do not ask for this type of information in an email. Do not provide the information or click on the link.  Please contact us at support@vacayrx.com  if you get an email like this.
  2. JOB APPLICANTS, CURRENT AND FORMER EMPLOYEES                                                                                                                                                                                                                                                                                                       If you use the Site to apply to work with us, we will use the information you supply to process your application and to monitor recruitment statistics.  Where we want to disclose information to a third party, for example where we want to take up a reference, will not do so without informing you beforehand unless the disclosure is required by law.  Personal information about unsuccessful candidates will be held for 12 months after the recruitment exercise has been completed, it will then be destroyed or deleted.  We retain de-personalized statistical information about applicants to help inform our recruitment activities, but individuals should not be identifiable from that data. Vacation Rental Consultants LLC is based in the US and employee and recruitment data is held there and in other Vacayrx Group locations worldwide.Once a person has taken up employment with us, we will compile a file relating to their employment.  At that stage we will give you more details about how we hold employee details.
  3. HOW TO OPT-OUT OF RECEIVING EMAIL MARKETING AND CORRESPONDENCE                                                                                                                                                                                                                                                     We will contact you from time to time for marketing purposes. Unless you have opted out, this could include contacting you by phone or email.
    You may opt-out of receiving marketing communications from us by the following means:
    1.    Contact us at support@vacayrx.com
    2.    Follow the instructions included in each communication or newsletter;
    3.    Use the Unsubscribe Button; or
    4.    Mail the request to us at PO Box 9783 Jackson, WY 83001                                                                                                                                                                                                                                                                                                                                   Please remember that if you change your preferences it may take a short time for those preferences to become effective.
  4. HOW LONG DO WE KEEP PERSONAL DATA                                                                                                                                                                                                                                                                                                                                 We will retain your personal data only as long as is necessary for the purposes to which you consent under the Terms of Service and this Privacy Policy, or as is required by applicable law, and then we will delete it.
  5. How do I correct or update my information?                                                                                                                                                                                                                                                                                                                                   You can see any personal information processed by us.  The best way of seeing this if you are a property owner is to log on to your account by using the ‘Login’ tab at the top of the screen.  You can see your basic details and correct or update them there at any time to suit you.  We also want to give you the opportunity to identify any inaccuracies in any other information we hold about you. Where possible, if we’re told about the inaccuracy of any personal information, we will make appropriate corrections. You can ask to see, update or amend any information we hold on you by contacting us.
  6. HOW TO CONTACT US

                                                                                                                                                                                            

If you have any questions about this Privacy Policy, the practices of this Site, or your dealings with this Site, we encourage you to contact us at support@vacayrx.com In the unlikely event you still have an unresolved complaint, if your data was transferred to the US from the EU or Switzerland under Safe Harbor, you can also contact our dispute resolution service operated by NIPC, an independent arbitration service based in the EEA.  Customer Support can give you the details for this service.

 

  1. GOT FEEDBACK?                                                                                                                                                                                                                                                                                                                                                                                        If you’d like to provide feedback to us about this Privacy Policy or for all other questions or concerns, please email us at support@vacayrx.com.

**FOR USERS RESIDING IN THE EEA AND JAPAN ONLY: YOUR RIGHTS TO REVIEW AND UPDATE INFORMATION

To facilitate our Global Operations we may transfer, store, or process your information in our US office or with service providers in Europe, Asia Pacific, India, Africa, North America,  and South America. The laws in these countries may differ from the laws in your country of residence. For example, data and information collected in the EEA may be transferred, stored or processed outside of the EEA for the purposes described in this Privacy Policy. When we transfer, store, or process information outside of the EEA we take reasonable precautions to ensure adequate levels of protection for this data.

If you reside in the EEA or Japan, you may request in writing copies of your Personal Information held by us. We will provide you with a copy of the Personal Information held by us as soon as practicable and in any event not more than 40 days after receiving a valid request in writing. There may be a charge to access your personal data. We may also request proof of identification to verify your access request.

 

We endeavor to keep your information accurate, complete and up to date. If your Personal Information that we hold is inaccurate, please let us know and we will make the necessary amendments, erase or block the relevant information and notify you within 40 days of your valid request that the relevant action has been taken.

 

You may also request the deletion of your Personal Information if you believe we are otherwise in breach of relevant data protection legislation.

 

FOR USERS RESIDING IN THE EEA: YOUR RIGHT TO SEE AND CHALLENGE INFORMATION PROVIDED TO US BY THIRD PARTIES

Vacayrx complies with the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the EU and Switzerland to the United States. If there are any conflicts between this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program please see https://www.privacyshield.gov/welcome

You are entitled to see and challenge any information that Third Parties may provide to us as part of our fraud detection, prevention and risk assessment efforts in circumstances where all of the following factors apply: (i) if we use Third Parties to carry out automated checks or risk assessments, and (ii) if we make a decision which has legal consequences for you or which significantly affects you, and (iii) if such decision is based solely on such automated checks or risk assessments. Please state clearly in your request that you wish to see and/or challenge the information that Third Parties may have provided to Vacayrx as part of our fraud detection, prevention and risk assessment efforts. We may request proof of identification to verify your request.

 

As a resident of the EEA, you may contact your appropriate European Data Protection Authority with questions or complaints about our privacy practices.

 

Residents of the EEA who are dissatisfied with the way in which we have addressed your concerns about our privacy practices may seek further assistance from our designated Privacy Shield independent recourse mechanism, JAMS.

 

Residents of the EEA who have unresolved complaints after: (1) contacting Vacayrx to resolve the issue; (2) seeking assistance from our independent recourse mechanism; and (3) contacting the U.S. Department of Commerce (either directly or through a European Data Protection Authority) and giving the Department of Commerce time to attempt to resolve the issue, may elect to arbitrate certain claims. Claims shall be arbitrated free of charge by our arbitration provider, the American Arbitration Association (“AAA”), though each party will be responsible for its own attorney’s fees. Please be advised that, pursuant to the Privacy Shield, the arbitrator(s) may only impose individual-specific, non-monetary, equitable relief necessary to remedy any violation of the Privacy Shield Principles only with respect to the individual.

 

COOKIE POLICY

 

Vacayrx uses “cookies” in conjunction with the Platform to obtain information. A cookie is a small data file that is transferred to your device (e.g. your phone or your computer) for record-keeping purposes. For example, a cookie could allow the Platform to recognize your browser, while another could store your preferences and other information.

 

Your browser may allow you to set how it handles cookies, such as declining all cookies or prompting you to decide whether to accept each cookie. But please note that some parts of the Platform may not work as intended or may not work at all without cookies.

 

Vacayrx cookies and Third Party cookies

 

We, or third parties we do business with, may use cookies to help us analyze our web page flow, customize our services, content and advertising, measure promotional effectiveness and promote trust and safety. Cookies are commonly used at most major transactional websites in much the same     way we use them here at our Site.

You may delete and block all cookies from this site, but parts of the site will not work. We want to be open about our cookie use.

Even if you are only browsing the Site certain information (including computer and connection information, browser type and version, operating system and platform details, and the time of accessing the Site) is automatically collected about you.

This information will be collected every time you access the Site and it will be used for the purposes outlined in this Privacy Policy.

 

You can reduce the information cookies collect from your device.  An easy way of doing this is often to change the settings in your browser. If you do that you should know that (a) your use of  the Site may be adversely affected (and possibly entirely prevented), (b) your experience of this and other sites that use cookies to enhance or personalize your experience may be adversely affected, and (c) you may not be presented with advertising that reflects the way that you use our and other, sites. You find out how to make these changes to your browser at this site: www.allaboutcookies.org/manage-cookies/.  Unless you have adjusted your browser setting so that it will refuse cookies, our system will send cookies as soon as you visit our site.  By using the site you consent to this, unless you change your browser settings.

 

We gather and share information concerning the use of the Site by members and travelers with one or more third-party tracking companies for the purpose of reporting statistics. To do this, some of the pages you visit on our Site use electronic images placed in the web page code, called pixel tags (also called “clear GIFs” or “web beacons”) that can serve many of the same purposes as cookies.

Vacayrx may place our cookies on your device via the Platform. Accordingly, our Privacy Policy will apply to our treatment of the information we obtain via our cookies.

 

We may also allow our business partners to place cookies on your device. For example, we use Google Analytics for web analytics, and so Google may also set cookies on your device. As further explained below, Third Parties may also place cookies on your device for advertising purposes.

 

There are two types of cookies used on the Platform, namely “persistent cookies” and “session cookies”.

 

Session cookies will normally expire when you close your browser, while persistent cookies will remain on your device after you close your browser, and can be used again the next time you access the Platform.

 

Other technologies

 

The Platform may also use other technologies with similar functionality to cookies, such as web beacons and tracking URLs to obtain Log Data about users. We may also use web beacons and tracking URLs in our messages to you to determine whether you have opened a certain message or accessed a certain link.

 

Web beacons may be used to track the traffic patterns of users from one page to another in order to maximize web traffic flow. Our third-party advertising service providers may also use web beacons to recognize you when you visit the Site and to help determine how you found the Site. If you would like more information about this and to know your choices about not having this information used by these companies, click here: http://networkadvertising.org/consumer/opt_out.asp

 

Uses for Vacayrx cookies

 

Vacayrx uses cookies and similar tracking technologies for a number of purposes, such as the following:

 

  • to enable, facilitate and streamline the functioning of the Platform across different webpages, devices and browser sessions.
  • to simplify your access to and use of the Platform and make it more seamless.
  • to monitor and analyze the performance, operation and effectiveness of the Platform, so that we can improve and optimize it.
  • to show you content (which may include advertisements) that is more relevant to you.
  • for fraud detection and prevention. 

 

Uses for Third Party cookies

 

Our partners’ cookies are intended to obtain information to help them provide services to Vacayrx. For example, Third Parties we engage to provide services to us may track your behavior on our Platform to market and advertise Vacayrx listings or services to you on the Platform and Third-party websites, or to help us detect or prevent fraud or conduct risk assessments. Third Parties websites that use cookies and other tracking technologies to deliver targeted advertisements on our Platform and/or Third-Party websites may offer you a way to prevent such targeted advertisements by opting-out at the websites of industry groups such as the Network Advertising Initiative and/or the Digital Advertising Alliance. You may also be able to control advertising cookies provided by publishers, for example Google’s Ad Preference Manager. Please note that even if you choose to opt-out of receiving targeted advertising, you may still receive advertising on or about the Platform – it just will not be tailored to your interests.

 

In addition, Facebook places a cookie via the Platform that allows Facebook to obtain aggregated, non-Personal Information to optimize their services. For example, if a user clicks on an advertisement for the Vacayrx mobile app on Facebook and subsequently installs the app, this cookie will inform Facebook that a user (who is not personally identified) has installed the app after clicking on the advertisement. This cookie may also inform Facebook that a user is using the app, without identifying the specific actions taken by the user in the app.

 

Disabling Cookies

 

 Most browsers automatically accept cookies, but you can modify your browser setting to decline cookies by visiting the Help portion of your browser’s toolbar. If you choose to decline cookies, please note that you may not be able to sign in, customize, or use some of the interactive features of the Platform. Flash cookies operate differently than browser cookies, and cookie management tools available in a web browser will not remove flash cookies. To learn more about how to manage flash cookies, you can visit the the Adobe website and make changes at the Global Privacy Settings Panel.

 

Changes to this Cookie Policy

 

 We can change this Cookie Policy at any time. If we make material changes to the Cookie Policy, we will let you know either by posting the changed Cookie Policy on the Platform or by sending you an email.

 

It’s important that you review the changed Cookie Policy. If you do not wish to agree to the changed Cookie Policy, then we cannot continue to provide the Platform to you, and your only option is to stop accessing the Platform and Services and deactivate your Vacayrx Account. You can find out more about how to deactivate your Vacayrx Account at http://help.vacayrx.com/