4. WHAT TYPES OF INFORMATION DOES YOOSIT GATHER ABOUT ITS USERS?
A. 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 Listings, make or accept bookings, post comments or reviews, or communicate with other users;
▪ link your account on a Third-Party site (e.g. Facebook) to your Yoosit 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 Yoosit; and
▪ share information with another Member.
B. Information we get from your use of our Platform
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 Yoosit or logged in to your Yoosit 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
▪ Third-Party social plugins
5. HOW YOOSIT USES AND PROCESSES THE INFORMATION THAT YOU PROVIDE OR MAKE AVAILABLE
A. We use, store and process information about you for the following general purposes:
▪ to enable you to access and use the Platform;
▪ 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, Yoosit’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 Yoosit, 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 Yoosit Account;
▪ to administer referral programs, rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored or managed by Yoosit 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.
B. How Yoosit 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. 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 Yoosit, 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.
6. WHEN YOOSIT DISCLOSES OR SHARES YOUR PERSONAL INFORMATION, AND TO WHOM IMPORTANT:
When you use the Platform 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:
A. 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.
B. Your public Listing page will always include some minimum information such as the city and neighborhood where the Listing 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 Listing’s geographic location on a map, such that a user can see the general area of the Listing.
C. 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.
D. When you submit a request to book a Listing, your full name, and the full name of any confirmed Guests using your listing, and other Personal Information you agree to pass through to the Host(s) will become visible to the Host(s) of any Listing you Book or request to Book. We may also disclose parts of your public profile; your public Wish List; other Member reviews of you; and any additional information you share with other Members. Any private info you share using Yoosit communication platform is only visible to the person you share it with.
E. When a Guest uses your Listing, we may ask you to review the Guest, Host, or the Listing. 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 Host may be public on the Platform.
F. We may distribute parts of the Platform (including your Listing) for display on sites operated by Yoosit’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.
G. 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 Concur and 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.
▪ 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 Yoosit’s property, its Members, the Platform, Application, or Services (collectively, “Risk Scenarios”). In instances where Yoosit complies with legal requests for user data without notice to the user for the reasons described above, Yoosit 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.
I. 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.
7. BUSINESS TRANSFERS BY YOOSIT
8. HOW TO ACCESS, CHANGE OR DELETE YOUR INFORMATION, OR CANCEL YOUR YOOSIT ACCOUNT
9. 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. So, we cannot guarantee the security of your transmissions to us and of your Personal Information that we store.
10. YOUR PRIVACY WHEN YOU ACCESS THIRD-PARTY WEBSITES AND RESOURCES
11. SPECIAL FEATURES AND PROGRAMS
A. Referral service and requesting references
The Platform may provide a referral service that allows you to invite your friends and contacts 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 Yoosit 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 Yoosit does not collect or retain the contact information that is used to send them.
13. FOR USERS RESIDING IN THE EU AND JAPAN ONLY: YOUR RIGHTS TO REVIEW AND UPDATE INFORMATION
If you reside in the EU 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 (which will not exceed €6.35 in Ireland and £10 in the United Kingdom, and will not be applicable in Japan). We may also request proof of identification to verify your access request. All requests should be addressed to our Data Protection Compliance Officer, Yoosit Amsterdam. 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 erasure of your Personal Information if you believe we are otherwise in breach of relevant data protection legislation. All requests should be addressed to our Data Protection Compliance Officer, Yoosit Amsterdam. There is no charge for making such a request.
14. FOR USERS RESIDING IN THE EU: YOUR RIGHT TO SEE AND CHALLENGE INFORMATION PROVIDED TO US BY THIRD PARTIES
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. In order to request this, please address your request directly to Yoosit Amsterdam. Please state clearly in your request that you wish to see and/or challenge the information that Third Parties may have provided to Yoosit as part of our fraud detection, prevention and risk assessment efforts. We may request proof of identification to verify your request. Yoosit is subject to the authority of the Federal Trade Commission and has certified with the Privacy Shield as required by the U.S. Department of Commerce regarding the collection, use, and retention of personal data from the European Union member countries. Yoosit certifies that it adheres to the Privacy Shield principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. Consistent with these principles, where Yoosit uses service providers to process personal data of European Union residents, Yoosit shall remain liable where the agent processes such personal data of European Union residents in a manner inconsistent with the Privacy Shield principles, except where Yoosit establishes that Yoosit is not responsible for the damages caused by the agent. To learn more about the Privacy Shield program, and to view the list of entities who have current certifications under the Privacy Shield, please visit the U.S. Department of Commerce’s Privacy Shield List. If you have any questions or complaints about Yoosit’s privacy practices, you may contact Yoosit at Yoosit Amsterdam, and we will work with you to resolve your issue. As a resident of the European Union, you may also contact your appropriate European Data Protection Authority with questions or complaints about our privacy practices. Residents of the European Union who have unresolved complaints after: (1) contacting Yoosit 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. 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.
Yoosit may use “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.
B. 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.
▪ 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.
E. 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.