Privacy Policy

Curious about how Upstay uses data?

Upstay Inc., its subsidiaries and affiliates ("Upstay", "we" or "us") provides this privacy policy (this "policy") to inform you of our policies and procedures regarding the collection, use and disclosure of personal information we receive from users of www.upstay.com (the "site"), and other products and services (collectively, the "services"). This policy also tells you about your rights and choices with respect to your personal information, and how you can contact us if you have any questions or concerns. Unless otherwise defined in this policy, terms used in this policy have the same meanings as in our terms of service:

For the purpose of this policy, "personal information" means any information relating to an identified or identifiable individual.

https://upstay.com/terms

1. What Personal Information Do We Collect About You?

Where applicable, we indicate whether and why you must provide us with your personal information, as well as the consequences of failing to do so. If you do not provide personal information when requested, you may not be able to benefit from our services if that information is necessary to provide you with them or if we are legally required to collect it. We may collect personal information about you directly from you and from third parties, as well as automatically through your use of our Services.

INFORMATION WE COLLECT DIRECTLY FROM YOU

Registration and check-in. When you register with us through the Services or become a Upstay member through the Services ("Member") to book an accommodation at a Upstay unit ("Accommodation"), we will ask you for certain Personal Information including your name, phone number, email address, home postal address, address of submitted property, password, date of birth, and booking information. You may be asked to provide a picture and ID for identity verification purposes at registration or check-in.
Third Party Services. We may make available to you at your election the services of third-party service providers, such as luggage storage, parking reservations, or meal/grocery delivery. When you access these providers via the Services you may be asked to provide certain Personal Information, such as your name, phone number, address of submitted property, drivers license number, and/or license plate number, which will be used by these service providers in the provision of their services.
Payment Information. If you make a purchase through the Services, your payment related information, such as credit card number or billing information, is collected by our third party payment processor on our behalf.
Administration and personalization of your Upstay Account profile. We may collect any Personal Information you provide to us as part of the administration and personalization of your Upstay account ("Upstay Account") profile (e.g., gender, zip code and individual preferences or demographic information). You may voluntarily provide us with information about yourself so that we can personalize your stays with us (e.g., the temperature you prefer, whether or not you have children, whether or not you need a crib, etc.).
Communications. If you contact us directly (e.g., via email, SMS, phone call, in-app messaging), we will collect your name, contact details, the content, date and time of your message and any attachments thereto, and other information you may directly provide to us. You may choose to submit your email address and phone number on our Site to receive our updates. You may also provide us with your reviews of our Services or complete surveys regarding our Services.
Recruitment. If you apply for a job via indeed.com, we will collect your name, contact details, email, phone number and information in your resume or curriculum vitae. We will also ask you to provide a link to your full LinkedIn profile. You may voluntarily share with us also your Twitter, GitHub or portfolio URLs or links to other websites, your current workplace, and any other information you want to share with us.

INFORMATION WE COLLECT FROM YOUR INTERACTIONS WITH US

Customer service. If you reach out to us with inquiries or requests, we will keep a record of how your inquiry or request was handled.

INFORMATION WE COLLECT AUTOMATICALLY

Online usage data. We may automatically collect the following information about your use of our Services through cookies, web beacons, and similar technologies: your domain name; your browser type; operating system type, name, and version; page views; links you click; your IP address; location information; the length of time you visit or use our Services; referring URL; access date and time; mobile device ID; language information; device name and model; and other information about your activities within the Services and communications that we send you. Please see the section "Cookies and Other Tracking Mechanisms" below for more information. Where required under applicable law, we will only perform such data collection with your consent.
Property usage data. We automatically collect your Upstay stay history (e.g., to identify a return guest). We may also automatically collect information regarding the use of an Accommodation (e.g., when a door was unlocked). We may also register noise levels via a noise detection system installed in Accommodations (which only registers decibel levels, not conversations) and may use or have access to security cameras in certain common areas of buildings housing our Accommodations (e.g., in lobbies or monitoring public entrances). Where required under applicable law, we will only collect property usage data with your consent.

INFORMATION WE COLLECT FROM THIRD PARTIES

Third party accounts. We may obtain Personal Information about you from third party authentication and social networking services ("SNS"), such as Apple, Facebook, Google and LinkedIn, to link your Upstay Account with third party accounts ("Third Party Account") by either: (i) providing your Third Party Account login information to Upstay through the Service; or (ii) allowing Upstay to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.
We may receive from such third parties the following types of Personal Information:
We may also receive any other information you authorize Upstay to access by authorizing the SNS to provide such information.
Third party partners and travel services. We may receive your booking information via our partners (e.g., Booking.com, Expedia, Airbnb), such as your name, email address, phone number, information available in your user account with a third party travel service and your Upstay stay information (e.g., information on the Upstay unit you are staying in).
Background checks. If you book an Accommodation in the United States, we may engage with a vendor to verify your criminal history. We may receive your name, date of birth, address and whether or not you passed the check. Our vendor will use county, state and federal criminal databases to run the checks.
Vendor and partner relationships. We receive Personal Information of employees and other individuals who are contact persons at our partners and vendors, such as contact details and other information relevant to the particular business relationship.

2. How We Use Your Personal Information

We use your Personal Information for the following purposes:

To operate, provide, and maintain our Services, to communicate with you about our Services, to respond to your inquiries, to fulfill our contract with you, to complete your transactions, and for other customer service purposes.
If you are based in the United States, we may run a criminal background check on behalf of landlords or property managers who require it for Accommodations in the United States, to the extent permitted under applicable law.
To link your Upstay Account with Third Party Accounts to add information from Third Party Accounts to your Upstay Account and Upstay Account profile page. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, you understand that by granting us access to the Third Party Accounts, we will access, make available and store (if applicable and as permitted by the SNS and authorized by you) the information in your Third Party Accounts so that it is available on and through your Upstay Account on the Site and Service.
To tailor the content and information that we may send or display to you, and to otherwise personalize your experiences while using our Services, including personalizing your Upstay Account profile and identifying you as a return guest to provide products or services to you according to your preferences or restrictions (e.g., by turning on the air conditioner or filling the refrigerator according to your preferences). We may also tailor our Services and communications on the basis of your Site browsing history. Where required under applicable law, we will only use your Personal Information for such purposes with your consent.
To contact you with newsletters, marketing or promotional materials and other information that may be of interest to you relating to Upstay or its partners, via email, SMS and phone calls. Where required under applicable law, we will only send you marketing communications with your consent. We also may use the information that we learn about you to assist us in advertising our Services on third party websites.
For quality assurance purposes.
To solicit a review from you.
To better understand how users access and use our Services, both on an aggregated and individualized basis, in order to improve the quality and value of our Services, provide you with a better experience, and develop new Services, and for other research and analytical purposes.
To find and prevent fraud and respond to trust and safety issues that may arise.
For compliance purposes, including enforcing our Terms of Service or other legal rights, or as may be required by applicable laws and regulations or requested by any judicial process or governmental agency.
For other purposes for which we provide specific notice at the time the information is collected.

3. When We Use Personal Information About You

If you are located in the European Economic Area ("EEA"), we process your Personal Information only based on a valid legal ground, including when:

Consent. You have consented to the use of your Personal Information, for example for marketing purposes or to track your online activities via cookies and similar technologies.
Contract. We need your Personal Information to provide you with our Services, for example for account registration and management or to respond to your inquiries.
Legal obligation. We have a legal obligation to use your Personal Information, for example to comply with tax and accounting obligations, or anti-terrorism laws.
Legitimate interest. We or a third party have a legitimate interest in using your Personal Information. In particular, we have a legitimate interest in using your Personal Information for product development and internal analytics purposes, and otherwise to improve the safety, security, and performance of our Services. We only rely on our or a third party's legitimate interests to process your Personal Information when these interests are not overridden by your rights and interests.

4. How We Share Your Personal Information

We may employ third party companies and individuals to support our Services. We do not sell or otherwise disclose your Personal Information for purposes unrelated to our Services, unless otherwise described in this Policy or disclosed to you at the time your Personal Information is collected or shared. We may share your Personal Information under the following circumstances:

Affiliates. We may disclose the information we collect about you to our affiliates or subsidiaries; however, if we do so, their use and disclosure of your Personal Information will be subject to this Policy.
Service providers. We may disclose Personal Information we collect about you to third party vendors, service providers, contractors or agents who perform functions on our behalf, including to facilitate our Services, to provide the Services on our behalf, to perform Site-related services (e.g., maintenance services, database management, web analytics, fraud detection services relating to the activity of Upstay Users and improvement of the Site's features), to perform background checks, to send marketing communications, to manage job applications that we receive via the career page on our Site, to aggregate reviews, or to assist us in analyzing how our Site and Services are used. We require these service providers to safeguard the privacy of Personal Information they process on our behalf.
Third party travel services. When you book an Accommodation via a third party travel service, we may share your Personal Information with such service in order to manage your booking.
Landlords and property managers. We may share reports with landlords and property managers regarding the use of their properties, such as cleaning reports. Additionally, we may share guest names, email addresses and dates of stay at their properties for security purposes (e.g., to keep out individuals who are not guests). For long term rentals, we may share guests' name, email address, phone number, ID, date of birth and address with landlords. If permitted by applicable law, we may also share pass/fail results of background checks that we carry out on their guests based in the United States.
Advertising and analytics partners. We may share Personal Information about you with third party advertising partners to serve advertisements regarding goods and services that may be of interest to you. We may also share information about the use of our Site and Services with third parties for analytics purposes. Some of our advertising partners are members of the Network Advertising Initiative ("NAI") or the Digital Advertising Alliance ("DAA"). If you do not wish to receive personalized ads, please use the NAI's Opt-Out Tool or the DAA's Opt Out Tool to opt out of receiving web-based personalized ads from member companies. You can access any settings offered by your mobile operating system to limit ad tracking, or you can install the AppChoices mobile app to learn more about how you may opt out of personalized ads in mobile apps.
Business transfers. Upstay may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with the consideration, negotiation, or completion of a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
Compliance with laws and law enforcement; guarantee program. Upstay cooperates with government and law enforcement officials (e.g., immigration offices, customs authorities, anti-terrorism authorities) and private parties to enforce and comply with the law. We will disclose your Personal Information to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of Upstay or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity. We will disclose any information about you to government or law enforcement officials and to our insurance services providers as we, in our sole discretion, believe necessary or appropriate to protect the property and rights of Upstay or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.
Consent. We may also disclose your Personal Information with your permission. For example, with your consent, we may post your testimonial on the Site along with your name. If you would like your testimonial removed please contact us.

5. Cookies and Other Tracking Mechanisms

We use cookies, web beacons, and log files to collect information about your use of our Website and Apps, as described above.

Cookies. We use "cookies" to collect information. A cookie is a small data file that we transfer to your computer's hard disk for record-keeping purposes. We use cookies for two purposes. First, we utilize persistent cookies to save your login information for future logins to the Services. Second, we utilize session ID cookies to enable certain features of the Services, to better understand how you interact with the Services and to monitor aggregate usage by Upstay Users and web traffic routing on the Services. Unlike persistent cookies, session cookies are deleted from your computer when you log off from the Site and Service and then close your browser. We use the following cookies:
You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions of the Site or all functionality of the Service.
Web beacons. Our Site may contain electronic images known as Web beacons (sometimes called single-pixel gifs) and are used along with cookies to compile aggregated statistics to analyze how our Site is used and may be used in some of our emails to let us know which emails and links have been opened by recipients. This allows us to gauge the effectiveness of our customer communications and marketing campaigns.
Log data. When you visit the Site, whether as a Member or a non-registered user just browsing (any of these, a "Upstay User"), our servers automatically record information that your browser sends whenever you visit a website ("Log Data"). This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type or the webpage you were visiting before you came to our Site, pages of our Site that you visit, the time spent on those pages, information you search for on our Site, access times and dates, and other statistics. We use this information to monitor and analyze use of the Site and the Service and for the Site's technical administration, to increase our Site functionality and user-friendliness, and to better tailor our Site to our visitors' needs.
Error reporting. We may use Bugsnag's bug tracking JavaScript notifier or other technology to analyze the functioning of our Services. More on Bugsnag can be found at https://docs.bugsnag.com/legal/privacy-policy/.

6. Children's Privacy

The Site is not directed to individuals under 16. We do not knowingly collect Personal Information from children under 16. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us via the information provided in the "How to Contact Us" section, below. If we become aware that a child under 16 has provided us with Personal Information, we will delete such information from our files.

7. Links to Other Websites

Our Site may contain links to other websites. If you choose to visit an advertiser by clicking on a banner ad or other type of advertisement, or click on another third party link, you will be directed to that third party's website. The fact that we link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other websites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit. Some portions of the Upstay 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, which incorporates Google's privacy policy.

8. Data Security

Upstay is very concerned with safeguarding your Personal Information. When you enter particularly sensitive information (such as a credit card number) on our registration or reservation forms, we encrypt that information using secure socket layer technology (SSL). We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Site and Services, you can contact us. We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored "personal data" (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on the Site in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

9. Phishing

Identity theft and the practice currently known as "phishing" are of great concern to Upstay. Safeguarding Personal Information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, your Upstay Account ID, login password, or national identification numbers in a non-secure or unsolicited email or telephone communication.

10. Data Retention

We take measures to delete your Personal Information or keep it in a form that does not permit identifying you when this information is no longer necessary for the purposes for which we process it, unless we are required by law to keep this information for a longer period. When determining the retention period, we take into account various criteria, such as the type of Services requested by or provided to you, the nature and length of our relationship with you, possible re-enrolment with our Services, the impact on the Services we provide to you if we delete some information from or about you, mandatory retention periods provided by law and the statute of limitations.

11. Your Rights and Choices

Marketing opt-out. If you decide at any time that you no longer wish to receive marketing communications from us, please follow the unsubscribe instructions provided in any of the communications. Please note that even if you opt out of receiving promotional messages from us, you will continue to receive administrative messages from us.
Changing or deleting information. All Members may review, update, correct or delete the Personal Information in their registration profile by contacting us at support@upstay.com or editing the relevant part of their profile. If you would like us to cancel your Upstay Account, please contact us and we will attempt to accommodate your request if we do not have any legal obligation or a legitimate business reason to retain the information contained in your Upstay Account. Please note that, if you cancel your Upstay Account, any reviews you have posted via the Site will remain publicly viewable via the Site. Please see below for privacy contact information.
Opt out from cookies. Most Internet browsers automatically accept cookies, but you may be able to change the settings of your browser to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you set your browser to reject cookies, parts of our website may not work for you.
European privacy rights. If you are located in the EEA or Switzerland, you are entitled to reach out to us via the contact details in this Policy and ask us for an overview of your Personal Information or ask for a copy. In addition, you may request us to update and correct inaccuracies, delete your Personal Information, restrict processing of your Personal Information, or exercise your right to data portability and to easily transfer your Personal Information to another company. In some cases, you may object to the processing of your Personal Information and where we have asked you for your consent to process your Personal Information, you can withdraw it at any time. We always enjoy hearing from you and appreciate your business. Should you nonetheless have unresolved concerns, you have the right to lodge a complaint with the supervisory authority of your residence, place of work or where the incident took place.
California privacy rights. If you are a California resident, please review our California Resident Privacy Notice for more information regarding your California privacy rights.

12. Cross-Border Data Transfers

Our Services are operated in multiple countries. The Personal Information we collect is transferred to our affiliates, subsidiaries, service providers and agents, who may be located in the United States or in other jurisdictions worldwide. The United States and the other jurisdictions to which we transfer information may not have equivalent data protection laws as your home jurisdiction. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer. If you are located in the EEA, UK or Switzerland, we comply with applicable legal requirements for the transfer of Personal Information to countries outside of the EEA, UK or Switzerland. We may transfer your Personal Information to countries for which adequacy decisions have been issued (e.g., Canada), use contractual protections for the transfer of Personal Information, or rely on third parties' Privacy Shield certifications, where applicable. You may contact us as specified below to obtain a copy of the safeguards we use to transfer Personal Information outside of the EEA, UK or Switzerland.

13. Changes to this Policy

Because we're always developing and improving standards of services we provide to you, this Policy may change over time. We will post the new policy online. We encourage you to periodically review this page for the latest information on our privacy practices. If any modifications materially change your rights, we will provide notice on the Site or we will notify you by email (sent to the email address specified in your Upstay Account).

14. How to Contact Us

For privacy queries, please contact us at support@upstay.com.

15. Steward of Your Personal Information

The Upstay entity responsible for your Personal Information under this Privacy Policy is defined as the "Steward." The Steward of your Personal Information is based on the location of travel. Generally, if your stay is located in the United States or Mexico, the Steward of your Personal Information is Upstay Inc. If your stay is located in Canada, the Steward of your Personal Information is Upstay Canada Inc. Note that we reserve the right to replace the Steward of your Personal Information at any time and without notice.