Effective Date: May 31, 2021
At VacayMyWay, integrity, trust and transparency are core principles of our company. We recognize that your privacy is particularly important, and we take it seriously. Please read this Privacy Statement carefully as it explains who we are, how and why we collect, store, use, and share your personal information. It also explains your rights in relation to your personal information and how to contact us.
IMPORTANT: BY USING OUR WEBSITE, MOBILE APPLICATION, AND/OR SERVICES AVAILABLE ON THE WEBSITE OR MOBILE APPLICATION, YOU GIVE YOUR CONSENT THAT ALL PERSONAL DATA THAT YOU SUBMIT MAY BE PROCESSED BY US IN THE MANNER AND FOR THE PURPOSES DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE VACAYMYWAY.
Vaycaymyway, Inc. d/b/a VacayMyWay, a Delaware Corporation (“we”, “us”, “our”) collects, uses and is responsible for certain personal information about you. When we do so, we are subject to various laws in the United States depending on where you reside and the General Data Protection Regulation (“GDPR”) if you reside in the European Union (including in the United Kingdom).
When you create an account on VacayMyWay, list a property, make a booking, or sign up to receive information and special offers, you provide us your personal information. We also use automated technology like cookies to collect your information when you visit our website or use our mobile application. We may also receive your information from our business partners and other third parties to help us improve VacayMyWay and our services.
Your personal information may be used or shared to assist you in making a booking, provide assistance during your stay, communicate with you (including communications with property owners and property managers through the platform), or our compliance with laws and regulations that apply to VacayMyWay.
When you use our platform, mobile application, or our services, we may collect and use the following kinds of personal information that identifies, relates to, describes, is reasonable capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household:
Categories of Personal Information | Specific Types of Personal Information Collected |
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Identifiers | Real name, alias, home, business and billing addresses, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, tax identification number, driver’s license number, passport number, or other similar identifiers. Loyalty program and membership information. |
Information that identifies, relates to, describes, or is capable of being associated with, a particular individual. | Name, signature, social security number, physical characteristics or description, birth date, gender, address, telephone number, passport number, driver’s license or state identification card number as required for bookings or to verify identity, insurance policy number, bank account number, credit card number, debit card number, or any other financial information like expiration date and billing address. Images, videos, and other recordings. Social media account IDs and login information. Communications with us. Other communications that occur through our platform among partners, owners, and travelers. Any data that you provide us about other people such as travel companions. |
Commercial information. | Real property records to verify ownership. Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. |
Internet or other electronic network activity information. | Browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement including pages accessed, links clicked, trips viewed, features used, and the corresponding date and time. IP address, device type, unique device identification number, internet browser type, internet service provider, operating system, mobile carrier, |
Geolocation data | General geographic location data such as country, state, and city level information. |
Mobile Application data | Device connectivity information such as carrier, network, operator, SIM operator, and SIM country. Operating system, operating version, and device model. Performance and data usage. Device settings selected or enabled such as Wi-Fi, GPS, and Bluetooth. Device settings. Usage data concerning your interaction with our mobile application. |
Inferences drawn from any of the information identified above to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. | Travel related preferences such as accessibility requirements, destinations, price point, type of accommodation, dietary needs, and wish lists |
This personal information is required to provide services to you. If you do not provide personal information we ask for, it may delay or prevent us from providing services to you.
We collect most of this personal information directly from you: in person, by telephone, text, email, and/or via our website and apps. However, we may also collect information:
Our Cookie Statement expands upon how we use cookies and other similar tracking technologies.
Permissions for Location Based Services: Depending on your mobile device’s settings and permissions and your choice in whether to participate in certain services and programs offered by VacayMyWay, we may collect the location of your device by using GPS signals, cell phone towers, Wi-Fi signals, Bluetooth or other technologies. We will collect this information to enable certain location-based services available within the mobile application. To disable location capabilities of the app, you can log off or change your mobile device’s settings to turn off location-based services.
Under data protection law, we can only use your personal information if we have a proper reason for doing so, e.g.:
A legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests.
The table below explains what we use your personal information for and our reasons for doing so:
What we use your personal information for | Our reasons |
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To provide the website, mobile application, and services to you. | To enable and process your property booking. To provide services related to your account or a booking. To create and update your account. To maintain your search and travel history, preferences, and similar information about your use of VacayMyWay. To facilitate processing of payments and related transactions. To administer loyalty and reward programs. To facilitate property and user reviews. To allow you to use VacayMyWay faster by using third-party sign-in functionality. |
Communications and marketing. | To respond to your inquiries and information requests. To process your information choices. To facilitate communications between travelers and owners, property managers, and suppliers such as insurance providers. To contact you to provide booking confirmations, updates, for marketing purposes and for other purposes that are described in this Privacy Statement. To market VacayMyWay and our services, optimize our marketing to make it more relevant to you, and to analyze the effectiveness of our marketing. To administer promotions. |
To prevent and detect fraud and unauthorized activities against you or VacayMyWay. | For our legitimate interests or those of a third party, i.e. to minimize fraud that could be damaging for us and for you. |
Conducting checks to identify our customers and verify their identity. | To promote security and to comply with our legal and regulatory obligations. |
Compliance. | To comply with all laws applicable to our business, protect our and our users’ rights, defend ourselves, and respond to legal process by law enforcement and other agencies that are part of the legal process. To comply with applicable security and anti-terrorism, anti-bribery, customs, immigration, and related due-diligence requirements. |
Ensuring business policies are adhered to, e.g. policies covering security and internet use | For our legitimate interests or those of a third party, i.e. to make sure we are following our own internal procedures so we can deliver the best service to you. To defend against claims and other liabilities. To manage other risks. |
Operational reasons, such as improving efficiency, training, quality control, and dispute resolution. | For our legitimate interests or those of a third party, i.e. to be as efficient as we can so we can deliver the best service for you at the best price |
Ensuring the confidentiality of commercially sensitive information | For our legitimate interests or those of a third party, i.e. to protect trade secrets and other commercially valuable information. To comply with our legal and regulatory obligations. |
Statistical analysis to help us manage our business, e.g. in relation to our financial performance, customer base, product range or other efficiency measures. | For our legitimate interests or those of a third party, i.e. to be as efficient as we can so we can deliver the best service for you at the best price. |
Preventing unauthorized access and modifications to systems | For our legitimate interests or those of a third party, i.e. to prevent and detect criminal activity that could be damaging for us and for you. To comply with our legal and regulatory obligations. |
Updating and enhancing customer records. | For the performance of our services through the platform or to take steps at your request before facilitating a booking. To comply with our legal and regulatory obligations. For our legitimate interests or those of a third party, e.g. making sure that we can keep in touch with our customers about existing orders and new products. |
Statutory returns. | To comply with our legal and regulatory obligations. |
Ensuring safe working practices, staff administration and assessments. | To comply with our legal and regulatory obligations. For our legitimate interests or those of a third party, e.g. to make sure we are following our own internal procedures and working efficiently so we can deliver the best service to you. |
Marketing our services and those of selected third parties to existing and former customers; third parties who have previously expressed an interest in our services; and third parties with whom we have had no previous dealings. | For our legitimate interests or those of a third party, i.e. to promote our business to existing and former customers. |
Credit reference checks via external credit reference agencies | For our legitimate interests or those of a third party, i.e. to ensure our customers are likely to be able to pay for our services, booking, and any property damage. |
External audits, quality checks, and the audit of our accounts | For our legitimate interests or those of a third party, i.e. to maintain our accreditations so we can demonstrate we operate at the highest standards. To comply with our legal and regulatory obligations |
To operate our business as permitted by law. | For our legitimate interests. To create aggregated or otherwise anonymized or de-identified data for use and disclosure without restriction, where permissible. |
The above table does not apply to special category personal information, which we will only process with your explicit consent.
We may use your personal information to send you updates (by email, text message, telephone, or mail) about VacayMyWay’s services, including exclusive offers, promotions or new products and services.
We have a legitimate interest in processing your personal information for promotional purposes (see above “How and why we use your personal information”). This means we do not usually need your consent to send you promotional communications. However, where consent is needed, we will ask for this consent separately and clearly.
We will always treat your personal information with the utmost respect and never sell it to other organizations outside of VacayMyWay for marketing purposes.
You have the right to opt out of receiving promotional communications at any time by:
We may ask you to confirm or update your marketing preferences if you instruct us to provide further services in the future, or if there are changes in the law, regulation, or the structure of our business.
As described in this Privacy Statement and where permitted by law, we routinely share personal information with:
We have not sold to a third party any personal information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.
In the preceding 12 months, we have disclosed for a business purpose to one or more third parties the following categories of personal information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household:
The personal information that we process may be held at our offices and those of our VacayMyWay third party agencies, service providers, representatives and agents as described above (see above: “Who We Share Your Personal Information with”). The personal information may be transferred or transmitted to countries other that the country in which you reside. Those countries may have laws that treat data protection differently that the laws of your country
The servers for VacayMyWay’s platform are located within the United States. Some of the third parties that we share personal information with, in accordance with the terms of this Privacy Statement, may be based outside of the United States and will process your information in the country where they are based.
We have taken reasonable and appropriate steps to enact safeguards to ensure that your personal information will remain protected in accordance with the terms of this Privacy Statement. For instance, VacayMyWay has certified to the EU-U.S. and Swiss-U.S. Privacy Shield frameworks and adheres to the Privacy Shield Principals of Notice, Choice, Accountability for Onward Transfers, Security, Data Integrity and Purpose Limitation, Access, Recourse, Enforcement, and liability for personal information from the EU, Switzerland, and the United Kingdom. For more information about the Privacy Shield principals, please visit: www.privacyshield.gov. Additionally, we require that all third-party service providers to whom we transfer data have enacted appropriate safeguards in compliance with applicable data protection laws.
We will keep your personal information while you have an account with us or while we are providing services to you. Thereafter, we will keep your personal information for as long as is necessary:
We will not retain your personal information for longer than necessary for the purposes set out in this policy. Different retention periods apply for different types of personal information. We will de-identify, aggregate, or anonymize your personal information if we intend to use it for analytical purposes over a longer period of time. When it is no longer necessary to retain your personal information, we will delete or anonymize it.
If you reside in the European Union or the United Kingdom, you have the following rights under the GDPR:
Right | Description |
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Right to Access | The right to be provided with a copy of your personal information (the right of access) |
Right to Rectification | The right to require us to correct any mistakes in your personal information |
Right to be Forgotten | The right to require us to delete your personal information—in certain situations |
Right to Restriction of Processing | The right to require us to restrict processing of your personal information—in certain circumstances, e.g. if you contest the accuracy of the data |
Right to Data Portability | The right to receive the personal information you provided to us, in a structured, commonly used and machine-readable format and/or transmit that data to a third party—in certain situations |
Right to Object | The right to object: i) at any time to your personal information being processed for direct marketing (including profiling); ii) in certain other situations to our continued processing of your personal information, e.g. processing carried out for the purpose of our legitimate interests. |
Right Not to be Subject to Automated Individual Decision-Making | The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you |
For further information on each of those rights, including the circumstances in which they apply, see the guidance from the UK Information Commissioner's Office (ICO) on individual rights under the General Data Protection Regulation.
You have the right under the California Consumer Privacy Act of 2018 (CCPA) and certain other privacy and data protection laws, as applicable, to exercise free of charge:
Item | Description |
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Disclosure of Personal Information We Collect About You | You have the right to know:
Please note that we are not required to:
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Personal Information Sold or Used for a Business Purpose | In connection with any personal information we may sell or disclose to a third party for a business purpose, you have the right to know:
You have the right under the California Consumer Privacy Act of 2018 (CCPA) and certain other privacy and data protection laws, as applicable, to opt-out of the sale of your personal information. If you exercise your right to opt-out of the sale of your personal information, we will refrain from selling your personal information, unless you subsequently provide express authorization for the sale of your personal information. To opt-out of the sale of your personal information, contact us or our Data Protection Officer (see “How To Contact Us” below). |
Right to Deletion | Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:
Please note that we may not delete your personal information if it is necessary to:
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Protection Against Discrimination | You have the right to not be discriminated against by us because you exercised any of your rights under the CCPA. This means we cannot, among other things:
Please note that we may charge a different price or rate or provide a different level or quality of goods and/or services to you, if that difference is reasonably related to the value provided to our business by your personal information. |
VacayMyWay is intended for a general adult audience and is not directed to children under the age of thirteen (13). We do not knowingly collect personal information from children under the age of thirteen (13).
We have enacted reasonable and appropriate security measures to prevent personal information from being accidentally lost or used or accessed in an unauthorized way. We limit access to your personal information to those who have a genuine business need to access it. Those processing your information will do so only in an authorized manner and are subject to a duty of confidentiality. We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so. While no company can guarantee absolute security, we have implemented physical, technological, and companywide processes to ensure your confidence in using the VacayMyWay platform.
You have certain rights and choices concerning your personal information as described in this Privacy Statement, including:
If you would like to exercise any of your rights as described in this Privacy Policy, please contact us in one of the methods shown under ‘How to Contact Us’.
Please note that you may only make a CCPA-related data access or data portability disclosure request twice within a 12-month period.
You will need to provide us with:
We are not obligated to make a data access or data portability disclosure if we cannot verify that the person making the request is the person about whom we collected information, or is someone authorized to act on such person’s behalf.
Any personal information we collect from you to verify your identity in connection with you request will be used solely for the purposes of verification.
This Privacy Statement was published on the Effective Date set forth at the beginning of the Privacy Statement.
We may change this Privacy Statement from time to time. When we do, we will inform you by posting a conspicuous notice concerning the changes to the website and by posting the new Privacy Statement.
Please contact us or our Data Protection Officer by post, email or telephone if you have any questions about this privacy policy or the information we hold about you.
Our contact details are shown below:
If you would like this notice in another format (for example: audio, large print, braille) please contact us (see “How to contact us” above).