Last Updated: January 6th, 2023
This Privacy Policy describes how Stay Inc. and its affiliates (“we,” “us,” or “Stay”), process personal information that we collect through the Stay Platform. This Privacy Policy describes:
Our Privacy Policy includes this main document and any supplemental documents based on your location. By visiting and/or using the Stay Platform, you expressly consent to the information handling practices described in this Privacy Policy. If you do not want your personal information to be used in the manner set forth in this Privacy Policy, you may not use the Stay Platform.
Stay’s mission is to connect quality Guests with exceptional Hosts and properties. A vital component of our product is trust. Your privacy is important to us, as is transparency in how we protect your information. Our collection and use of information that identifies individuals, or by which an individual’s identity could, alone or in combination with other information, be deduced (such as an individual’s name, date of birth, mailing address, telephone number, fax number, email address, and internet protocol address) is subject to the terms of this Privacy Policy.
By using the Stay Platform, you agree to be legally bound by (and to comply with) this Privacy Policy. You also agree to be legally bound by (and to comply with) the Stay Inc. Terms of Service, as amended from time to time (“Terms”, which incorporate by reference this Privacy Policy), and any other applicable Additional Terms and Policies incorporated by reference within the Terms. All capitalized terms used in this Privacy Policy and not defined herein shall have the respective meanings assigned to them in the Terms. For certainty, this Privacy Policy shall be subject to the terms and conditions set out in the Terms. In the event of any conflict or any inconsistency between any provision of this Privacy Policy and the Terms, this Privacy Policy shall prevail unless Stay Inc. communicates otherwise (for example, by posting a notice on the Stay Platform).
Undefined terms in this Privacy Policy have the same definition as in our Terms.
2.1 Information required to open a Stay Account.
When you perform certain functions on our Site, such as creating an account, or booking a stay, we may request that you provide the following information:
If you choose to provide such information, during account creation or otherwise, you are granting us permission to use, store and process such information in accordance with this Privacy Policy.
2.2 Information you may choose to give us.
You may choose to provide us with additional personal information. For example:
If you choose to provide such information, you are granting us permission to use, store and process such information in accordance with this Privacy Policy.
2.3 Information Automatically Collected by Using the Stay and our Payment Services.
When you use the Stay Platform and Payment Services, we may automatically collect and store information about you, including information arising from your relationship with and through us and your use of the Stay Platform, such as:
2.4 Personal Information We Collect from Third Parties.
We collect personal information from other sources, such as:
We use the personal information that you provide or that we collect for legal and regulatory purposes, to manage business risks, to provide our services to you, and to establish and enhance our relationship with you.
Personal Information and other data collected from the Stay Platform will only be used for the purposes specified in this Privacy Policy or indicated on the relevant pages of our Site. We will not use your Personal Information or data beyond what we disclose in this Privacy Policy.
The Personal Information and data we collect are used for the following purposes:
Metadata generated by your activity in using the Stay Platform is used as reasonably necessary including to operate, maintain, improve and develop the Stay Platform and to provide the Stay Platform to you or other Users, including to ensure service quality, to evaluate and maintain the Stay Platform and the security thereof, and to evaluate compliance with these Terms, applicable laws, rules or regulations.
4.1 Sharing with Your Consent or at Your Direction.
We may disclose your personal information where you have authorized us to do so. Where permissible under applicable law, we may use certain anonymized information about you to promote our products and services.
4.2 Sharing Between Users.
Reviews and cancellation history may be shared between Guest(s) and Host(s). Certain information related to your profile and activity may need to be shared with other Users. For example, when you book a stay, your information is shared with the Host.
4.3 Information You Publish.
You can choose to make certain information public, such as:
We reserve the right to display content that you have made publicly available on the Stay Platform, on third-party sites, platforms, and apps in accordance with our Content Policy. Additionally, your public content may be indexed by third-party search engines, unless you have opted out of that feature where that option is available.
4.4 Information Used by Hosts to Provide Third-Party Services.
Services provided by Hosts may require the sharing of certain information about Guests such as name, contact information, and dates of booking.
4.5 Legal Compliance, Protection, and Safety.
As permitted or required by applicable law, we may disclose your information to any authorized third parties, such as courts, law enforcement, governmental or public authorities, to comply with legal obligations, enforce our User agreements, and protect the rights and safety of Stay, its employees, and Users, as well as the general public.
Where required under local law, Stay may share Host details such as full name, tax identification number and contact information, the address of the Property, listing information, and the number of nights booked.
4.6 Special Programs.
In the event that Stay has entered into an agreement with the landlord, property owner, or management company, as permissible by applicable law, we may share personal information about Hosts and Guests related to bookings to facilitate hosting and other services, and compliance with applicable laws.
4.7 Sharing with Third Parties.
We may share your personal and payment information with our business partners, suppliers, agents, advertisers, and other third-party organizations that perform services for us, or on our behalf (“Third Parties”) to the extent necessary to provide and administer the services that you have requested from us, or to offer you certain products, services, advertisements or promotions where applicable.
Stay does not share your data with Third Parties beyond what is reasonably necessary to achieve the given purpose. Please note that we use cloud storage services to store and process your Personal Information. In some cases, we store and process your Personal Information outside your own country. Third Parties may perform activities outside of your jurisdiction, and as a result, your personal information may be securely used, stored or accessed in another country than your jurisdiction including Canada and the United States, whose privacy laws may or may not be as comprehensive as your jurisdiction. In these circumstances, the governments, courts, law enforcement, or regulatory agencies of that country may be able to obtain access to your personal information through the laws of the foreign country.
By submitting your Personal Information or engaging with the websites, you consent to this transfer, storage, or processing. Third Parties may be required to disclose your personal information in response to valid demands or requests from governments, regulators, courts, and law enforcement authorities in those jurisdictions or countries.
4.9 Business Transfers.
We may share your personal information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business by a third party. In the event that we are acquired by or merged with a third party entity, or if we sell a part of our business, we reserve the right to transfer or assign the Personal Information that we have collected from you as part of such merger, sale or other change of control
4.10 The Stay Group.
We may share your Personal Information with any party of the Stay Group (as defined in the Terms) for:
We may also share your Personal Information to better manage your total relationship with the Stay Group and enable other members of the Stay Group to bring suitable Services to your attention.
5.1 Aggregate Information
We may actively and/or passively monitor and analyze your activity and communications on the Stay Platform, automatically or manually as we determine in our sole discretion. In connection with the foregoing, we may generate non-identifying and aggregate profiles based on the information you provide to us, and through your activity, communications, and use of the Stay Platform. These non-identifying and aggregate profiles are used by Stay (and may be shared with its third-party partners) to provide additional services to you, to improve the quality of our services, and to develop new services to enhance the Stay Platform.
5.3 Connecting to or Using Third Parties.
When you connect to or use certain unaffiliated third-party services which may be available on the Stay Platform, such as Google Maps and Facebook, you are providing your information to them, or authorizing them to provide information to us. These third parties have their own privacy policies which may be different from our privacy policies.
Under applicable law, you have certain rights regarding our collection and use of your data as described in this section 6.
6.1 How to Access, Modify, Delete, or Challenge the Data Collected
We make good faith efforts to provide you with access to your Personal Information and to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. We ask individual users to identify themselves and the information requested to be accessed, corrected, or removed before processing such requests. Applicable law may allow or require us to refuse to provide you with access to some or all of the Personal Information that we hold about you, or we may have destroyed, erased, or made your personal information anonymous in accordance with our record retention obligations and practices. If we cannot provide you with access to your personal information, we will inform you of the reasons why subject to any legal or regulatory restrictions. We may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup records), or for which access is not otherwise required. Upon your request, we will make reasonable efforts to delete your Personal Information from our database, however, it may be impossible to delete your information without retaining some residual information for a period of time due to backups and records of deletion.
We retain your Personal Information only for as long as it is necessary for the purpose(s) for which it was collected. This length of time will vary depending on the Service and the nature of the information and may extend beyond the end of your relationship with us. When your information is no longer needed for the purpose for which it was collected, we will destroy, delete, erase or convert it to an anonymous form. We will retain and use your Personal Information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your information to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
Please contact our privacy officer at privacy@stayapp.co if you have a complaint or question about this privacy policy, or if you would like:
We may require that you verify your identity prior to acting on any request. Our approval and handling of any request will be based on applicable law.
The security of your Personal Information is important to us but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security. We follow generally accepted industry standards to safeguard your Personal Information from loss or theft, unauthorized access, disclosure, duplication, use or modification through security measures appropriate to the sensitivity of the information. These measures include physicals, organizational and technical measures such as internal reviews of our data collection, storage and processing practices and security measures which include appropriate encryption and physical security measures to guard against unauthorized access to systems where we store Personal Information.
Your user account on the Stay Platform is protected by a password for your privacy and security. Your password and other access codes are private and confidential, and our employees cannot gain access to them and will not ask you to reveal them. It is your responsibility to use your best efforts to prevent unauthorized access to your user account by selecting your password appropriately, and limiting unauthorized access to your computer, browser, and mobile devices. The collection of any additional Personal Information that may be requested by our third party partners, including but not limited to login credentials, access codes and passwords, as may be required by our third party partners in order for you to access the Stay Platform, will be governed by the terms of use and information collection policies of those third party partners, and you should consult the respective terms of use and privacy policies of these third party partners before disclosing your Personal Information to them in order to access the Stay Platform.
We will obtain your consent before collecting, using or disclosing your Personal Information, except where permitted or required by law. Depending on the situation and the sensitivity of the information, we may obtain your consent in different ways. Express consent may be obtained verbally, electronically or in writing from you or your authorized representative (such as a legal guardian or attorney appointed pursuant to a power of attorney) for stated purpose(s). Implied consent may be obtained through your use or continued use of the Stay Platform when the purpose(s) for collecting, using or disclosing your Personal Information is indicated by the relevant circumstances or follows logically from purposes identified in this Privacy Policy (such as when you approach us to obtain information or inquire about or purchase services from us). We will seek your consent before using your Personal Information for any purpose not previously identified and will limit the collection of your Personal Information to that which is reasonably necessary for the relevant purpose(s). We will not, as a condition of the supply of any of the services, require you to consent to the collection, use or disclosure of Personal Information beyond that which is reasonably required to fulfill the purpose for which it is collected.
In most cases you may refuse to provide your consent to our collection, use and/or disclosure of your Personal Information in accordance with this Privacy Policy. Note, however, that if you refuse to provide your consent or withdraw your consent, we may not be able to provide you with a particular service. We will explain the impact to you at the time to help you with your decision.
You may withdraw your consent by contacting our privacy officer at:
We reserve the right to change this Privacy Policy at any time at our sole discretion, in accordance with the Terms. Without limiting the Terms, we will inform you of any such change to this Privacy Policy by posting a new Privacy Policy on our website and clearly marking the effective date of any such change to the Privacy Policy. Your continued use of the Stay Platform after the posting of changes constitutes your binding acceptance of such changes. We recommend that our users periodically review our Privacy Policy to ensure that they are notified of any updates. If necessary, we may notify users by email or other methods of changes to this Privacy Policy, in accordance with the Terms.
Our website may be linked to internet websites operated by other companies. You should consult the respective privacy policies of these third-party websites. Our Privacy Policy does not apply to, and we cannot control the activities of, such other third-party websites. Please be aware that we do not warn you when you choose to follow a link to another website from our website.
We do not knowingly collect any Personal Information of minors. If you are an individual, by accessing or using the Services you represent and warrant that you are of legal age to form a binding contract. If we learn that the Personal Information of a minor has been inadvertently collected without parental or guardian consent, we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that a minor for which you are responsible has provided his or her Personal Information to us without your consent, then you may alert us by contacting our privacy officer at us at:
Privacy Officer
Changes to this Policy
We reserve the right to make changes to this policy at any time at our sole discretion, in accordance with the Terms.
Agreement to Policy and Terms
By using the Stay Platform, you agree to be legally bound by (and to comply with) this Privacy Policy. You also agree to be legally bound by (and to comply with) the Stay Inc. Terms of Service, as amended from time to time (“Terms”, which incorporate by reference this Privacy Policy), and any other applicable Additional Terms and Policies incorporated by reference within the Terms. All capitalized terms used in this Privacy Policy and not defined herein shall have the respective meanings assigned to them in the Terms. For certainty, this Privacy Policy shall be subject to the terms and conditions set out in the Terms. In the event of any conflict or any inconsistency between any provision of this Privacy Policy and the Terms, the Terms shall prevail unless Stay Inc. communicates otherwise (for example, by posting a notice on the Stay Platform).