Effective Date: June 14, 2019
Last Updated: March 22, 2021
It does not apply to information collected by any third party, including our Booking Partners and Payment Processors, to the extent the same information is not also collected by us.
Minors under the Age of 21
Minors under 21 years of age may not make a reservation for a Guest Unit (although minors under 21 years of age may stay with a guest who is 21 years or older in accordance with the Terms). No one under age 13 may provide any information on or through the Site or the other WhyHotel Services. We do not knowingly collect Personal Information from children under 13. If you are under 13, do not use or provide any information on or through any of the WhyHotel Services or any of its features on the Site, and do not use any of the interactive or public comment features of any of the WhyHotel Services or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected or received Personal Information from a child under 13 without verification of parental consent, we will delete that information. If you believe that we might have any information from or about a child under 13, please contact us at email@example.com.
Personal Information We Collect About You and How We Collect It
In general, we collect Personal Information that you submit to us in the process of creating or editing your account and profile on the Site or that you submit to us voluntarily through your use of the Site or when you visit/stay as a guest at one of our Properties, purchase related services and interact with us offline. Information that identifies, relates to, describes, is capable of being associated with, or could be linked, directly or indirectly, with a particular consumer or household is "Personal Information." Personal Information does not include information that has been de-identified or otherwise made anonymous or information that has been aggregated such that it is no longer possible to identify any specific individual.
We may collect several types of Personal Information from and about you and other Guests of the Guest Units and the users of the Site and the other WhyHotel Services, including:
We may obtain both Personal Information and non-identifiable information about you from business partners, contractors, suppliers, and other third parties and add it to your account information or other information we have collected. We, and the third parties we engage, may combine information we collect from you over time, and across the Site, with information obtained from other sources. This helps us improve the information's overall accuracy and completeness, and also helps us better tailor our interactions with you.
We may obtain both Personal Information and non-identifiable information about you:
Certain transactions may also involve you calling us or our calling you. Please be aware that we may monitor and, in some cases record such calls for staff training or quality assurance purposes.
You may now or in the future provide pictures, text, data, information and other input or any other content linked, posted, and/or submitted by you or other users to be published or displayed (hereinafter, "posted") on or through the Site or any of our social networking pages (e.g., Facebook, Twitter, Instagram and other similar networking pages), or transmitted to third parties or other users of or any of the other WhyHotel Services (collectively, "User Content"). Your User Content is posted on and transmitted to others at your own risk. We cannot control the actions of other users of the Site or the other WhyHotel Services, or our social networking pages, with whom your User Content is shared. Therefore, we cannot and do not guarantee that your User Content will not be viewed, downloaded or shared by unauthorized persons.
The technologies we use for automatic data collection may include:
We use third party service providers to serve advertisements or collect data on our behalf across the internet and on this Site ("Advertisers"). Some of these Advertisers may collect your Personal Information about your Site visits and your interactions with our products and services to tailor marketing messages on other sites, or to trigger real-time interactions, customize the Site, or enhance your profile (also referred to as "online behavioral advertising" or "interest-based advertising"). If you would like more information about Advertisers' practices, please see http://optout.aboutads.info/#!/. You may find more information about entities involved in online advertising and additional choices you may make, including opt-out of having your information used for internet-based advertising, through the Digital Advertising Alliance (the "DAA") at the DAA consumer choice service. The tools provided at the DAA opt-out page are provided by third parties, not WhyHotel. WhyHotel does not control or operate these tools or the choices that advertisers and others provide through these tools. For more details on this technology and for details of how you may be able to opt-out of the use of your information for this purpose see our Cookie Notice.
Do Not Track Policy
Your web browser may offer you a "Do Not Track" option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and across different websites. We do not honor any web browser "Do Not Track" signals or other mechanisms that provide you with the ability to exercise choice regarding the collection of personally identifiable information about your online activities over time and across third-party websites or online services. At present, no universally accepted standards exist on how companies should respond to do-not-track signals. In the event a final universally accepted standard is established, we will assess and provide a response to these signals.
Third-Party Responsibilities and Services
We use or partner with other third-party companies, agents or contractors for various purposes in connection with our business and operations ("Service Providers"), including, our Booking Partners, making reservations, texting, ID scanning, CRM, property management, billing and payments, credit card gateway, cloud hosting, relationship building, the marketing and growth of our business and the performance of services on our behalf, such as gathering and analyzing information and the provision of services to you. In the course of performing these responsibilities and providing such services, these other companies may have access to your information, including your Personal Information. We may also share information, including your Personal Information and other information, with these Service Providers in order to enable them to perform these responsibilities and to provide these services. Many Service Providers have adopted their own privacy policies, which are not subject to control by WhyHotel. You should always review the policies of these Service Providers to make sure that you are comfortable with the ways in which they collect, use, maintain, protect and disclose your information. We do not specifically list our current Service Providers because they change from time to time. If you would like the names of our Service Providers (if we are permitted to disclose), please email us at firstname.lastname@example.org.
The Service Providers may also transmit cookies to your computer or device, when you click on ads that appear on or through the Service. Also, if you click on a link to a third-party website from the Site, including, links to news and articles about us and the Properties, such third party may also transmit cookies to you and we do not have any control over that. Please be aware that cookies placed by third parties may continue to track your activities online even after you are no longer using any of our Services, and those third parties may not honor "Do Not Track" requests you have set using your web browser.
We use one or more third-party service providers to take bookings through our Site. We do this to provide a reliable and secure booking process while concentrating on our real business of hospitality. Any personal information you share when making a booking will be shared with those service providers and may be transferred to where they are located in order to process it. We remain the controller of your personal information and these service providers only receive your information for purposes of providing reservation booking services. If you would like any additional information regarding our individual service providers, please contact us.
Links to Other Websites
Our Site may contain links to other websites. If you choose to click on a link to an advertiser or other third- party website, you will be directed to that party's website. We do no control third party websites which may place their own cookies or other files on your computer, collect data, solicit personal information or follow different rules regarding the use or disclosure of the personal information. We encourage you to read the privacy policies or statements of the other websites you visit. The fact that we link to a website or present an advertisement is not an endorsement or representation of our affiliation with that party, nor an endorsement of its privacy policies.
How We Use Your Information
We use information that we collect about you or that you provide to us for the following purposes:
We may also use any information that has been anonymized or in an aggregated form that does not directly identify you for any purpose (including to create and distribute marketing materials such as testimonials, case studies, white papers, savings calculators and other similar purposes) to the extent not prohibited under any applicable law or regulation.
Some of the information that we collect automatically is statistical data and does not include Personal Information, but we may maintain it or associate it with Personal Information we collect in other ways or receive from third parties or you provide to us. It helps us to improve the Guest Units, the Site and the other WhyHotel Services, and to deliver a better and more personalized service, including enabling us to:
Storage and Transfer of Your Information
We may store any information that we collect (Personal Information or otherwise) ourselves or in databases owned and maintained by us, our affiliates, agents or Service Providers. If you access or use the Site or any of the other WhyHotel Services outside of the United States, information that we collect about you may be transferred to servers inside the United States and maintained indefinitely, which may involve the transfer of information out of countries located in the European Economic Area and other parts of the world unless otherwise prohibited by applicable law or agreed by WhyHotel and you. By allowing WhyHotel to collect information about you, you consent to such transfer and processing of such information without restriction. We may also store some information locally on your computer or other devices. For example, we may store information as local cache so that you can open the Site and view content faster.
Although users from all over the world may access the Site and the other WhyHotel Services, keep in mind that no matter where you live or where you happen to use our Services, you consent to us processing and transferring information in and to the United States and other countries whose data-protection and privacy laws may offer fewer protections than those in your home country.
Disclosure of Your Information
We may disclose anonymized or aggregated information about our users, and information that does not identify any individual, without restriction.
We may also disclose your Personal Information and other information:
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to provide you with the following control over your information:
Accessing and Correcting Your Information
You may change, correct or delete any Personal Information that you have provided to us by contacting us by e-mail at email@example.com. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
If you delete your User Content from any of the WhyHotel Services (including any User Content stored in the cloud), copies of your User Content may remain viewable in cached and archived pages, or might have been copied or stored by other users of the Servers or the Site. Proper access and use of information provided on or through any of the WhyHotel Services, including User Content, are governed by the Terms.
Your California Privacy Rights
California Civil Code Section § 1798.83 permits users of the Site that are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to us at firstname.lastname@example.org or write to us at: WhyHotel, Inc., 1140 3rd St NE 4th Fl, Suite B, Washington, DC 20002, USA.
Your Rights When We Process Your Personal Information
You have the right to ask us not to process your Personal Information for marketing purposes. We will usually inform you (before collecting your Personal Information) if we intend to use your Personal Information for such purposes or if we intend to disclose your Personal Information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your Personal Information. You can also exercise the right by contacting us directly.
Whenever you choose to be a guest or visitor at one of Properties, we aim to provide you with choices about how we use your Personal Information. Subject to applicable law, you may obtain a copy of Personal Information we maintain about you. In addition, if you believe that Personal Information we maintain about you is inaccurate, subject to applicable law, you may have the right to request that we correct or amend the information by contacting us as indicated in the "Contact Information" section below. To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to the information.
You can choose not to provide Personal Information. If you choose not to provide certain Personal Information to us, some of your experiences may be affected (e.g., we cannot take a reservation without your name and contact information).
How Long We Store Your Personal Information
We will only retain your Personal Information, in a form which permits us to identify you, for as long as necessary to fulfil the purposes we collected it for. We will retain and use your Personal Information as necessary to satisfy any legal, accounting or reporting requirements, to resolve disputes or to enforce our agreements and rights. After that, we will either securely delete or anonymize your Personal Information so that it cannot be linked back to you.
We understand that the security of your Personal Information is important. We provide reasonable administrative, technical, and physical security controls to protect your Personal Information. However, despite our efforts, no security controls are 100% effective and WhyHotel cannot ensure or warrant the security of your personal data. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to and use of the Site and/or the other WhyHotel Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of any of the WhyHotel Services as the information you share in public areas may be viewed by any other user of the Site and the other WhyHotel Services.
Information Collected About Californians
In the past twelve (12) months, we have obtained the following categories of Personal Information from California users.
A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, driver's license number, passport number.
B. Personal Information (including, in respect of individuals in the United States, the categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))).
A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some Personal Information included in this category may overlap with other categories.
C. Protected classification characteristics under California, federal law.
Physical or mental disability, sex (including gender, gender identity).
D. Commercial information.
Products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies, such as food and beverage orders and preferences, room preference.
E. Internet or other similar network activity.
Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.
F. Geolocation data.
Physical location or movements.
G. Sensory data.
Audio, electronic, visual, thermal, olfactory, or similar information.
H. Professional or employment-related information.
Current or past job history or performance evaluations.
I. Inferences drawn from other Personal Information.
Profile reflecting a person's preferences for hotels and travel destinations.
Information We Share
In the preceding twelve (12) months, we have disclosed the following categories of Personal Information for one or more business purposes:
We Do Not Sell Personal Information As Such Activity Would Be Defined Under CCPA
In the preceding twelve (12) months, we have not sold Personal Information.
Rights and Choices for Californians
The CCPA provides California residents with specific rights regarding their Personal Information. This section describes those rights and explains how Californians may exercise those rights.
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
Exercising CCPA Rights
This section explains how California residents can exercise their rights. To exercise your rights under the CCPA to access, data portability, and data deletion as described above, please submit a verifiable consumer request to us by either:
Only you, or a person that you authorize to act on your behalf, may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you.
Making a verifiable consumer request does not require you to create an account with us.
We will only use Personal Information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
Our Response to Your Request
Upon receiving your request, we will confirm receipt of your request by sending you an email confirming receipt. To help protect your privacy and maintain security, we may take steps to verify your identity before granting you access to the information. In some instances, such as a request to delete Personal Information, we may first separately confirm that you would like for us to in fact delete your Personal Information before acting on your request.
We will respond to your request within forty-five (45) days. If we require more time, we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.
In some cases our ability to uphold these rights for you may depend upon our obligations to process Personal Information for security, safety, fraud prevention reasons, compliance with regulatory or legal requirements, listed below, or because processing is necessary to deliver the Services you have requested. Where this is the case, we will inform you of specific details in response to your request.
We Do Not Sell Personal Information As Such Activity Would Be Defined Under Nevada Privacy Law
As a Nevada resident, you may request that we stop selling certain categories of Personal Information that we collect. We have not sold Personal Information of our guests or Site users as contemplated by NRS Ch. 603A, Sec. 2(2).
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