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HEARTH HOMES STAYS

WEBSITE PRIVACY POLICY

 

Effective: September 1, 2023

 

Your privacy is important. This Privacy Policy explains how Hearth Homes LLC or our subsidiaries, parents, or affiliates (referred to as “we”, “us”, and “our”) uses or discloses information about you collected through your offline interactions with our properties (collectively, “HH Properties”) or in connection with the use of any website, application, API, service, or email communication (collectively, our “Site”) on which this Privacy Policy is posted or linked to or which is offered by us to any person.

 

This Privacy Policy does NOT apply to any information that you may provide to third parties in connection with the Site or at our HH Properties; the sharing of that information is governed by the privacy policy or other relationship between you and each third party with which you provide information about yourself. For example, if you book a reservation at one of our Properties through a third-party booking service such as AirBnB or VRBO, those booking services’ privacy policies apply to their collection of your information.

 

If you reside in the European Economic Area, the United Kingdom, or Switzerland (collectively, “EEA Residents”), you may have additional rights with respect to your personal data, which include rights under the EU’s General Data Protection Regulation (“GDPR”).

 

If you reside in California, USA, you may have additional rights with respect to your personal information as granted by the California Consumer Privacy Act (“CCPA”), as amended.

 

If you do not agree with our policies and practices regarding your privacy as set out here, your choice is not to use our Site or access our Services. BY ACCESSING OR USING THE SITE, YOU AGREE TO THIS PRIVACY POLICY.

1. Childrens’ Online Privacy

 

Our Site is not intended for nor directed at children under 18 years of age. No one under age 18 may access the Site nor provide any personal information to or on the Site. If you are under 18, do not use or provide any information on the Site or on or through any of its features.

 

We do not knowingly collect personal information from children under 18 through the Site. If we learn we have collected or received personal information from a child under 18 through the Site, we will take steps to delete that information. If you believe we might have received any information from or about a child under 18 through the Site, please contact us at stays@hearthhomes.com.

 

HH may collect information about children under 18 years of age from you in person during pre-arrival or when you are checking into an HH Property. Before collecting any such information in this way, explicit consent will be requested from you.

 

 

2. Information We Collect About You

 

We collect three basic types of information from and about you:

 

(a) Personal Information. This is information by which you may be personally identified, such as name, billing address, e-mail address, telephone number, payment information (including payment card details, if you make a purchase from us) or any other information the Site collects that is defined as personal or personally identifiable information under an applicable law. Certain of this information is optional to provide, and the type and extent of personal information collected depends on your interactions with and use of our Site and the HH Properties. For example, you provide personal information when you contact us or use services offered by us, book a stay with us, or sign up to receive communications from us.

 

We collect personal information in order to support our business operations and to provide products and services to you at our HH Properties. Accordingly, some personal information is collected when you use the Site, and some is collected when you check in or use a service offered by us at our HH Properties.

 

You may choose not to provide certain personal information. However, you may be unable to use certain components or functionality of the Site or access products or services offered by us at our HH Properties if you choose not to provide this information. For example, you must provide your name and contact information in order to make a reservation. Depending on the services you use on the Site or at our HH Properties, we may collect the following categories of personal information from you:

 

Contact information (your name, email address, mailing address, phone number, passport number, and social media account information or other similar information).

 

Payment information (information necessary for you to make purchases from us, if you make a purchase, such as credit card or bank account information).

 

Location information (information about your geographic location, travel plans to our HH Properties, information about your vehicle or mode of transportation, and information about other people traveling with you).

 

HH experience information (information regarding your stay with us at an HH Property, including special requests you make and information about the products or services you use).

 

Health information (any information you provide us relevant to your stay at an HH Property or the activities you undertake in connection with your stay, including regarding dining, physical activities, or other services). This information is provided at your discretion. If you provide this information to us, we may collect and use it solely for your convenience in connection with your use of our services; we have no further obligations with respect to the retention, use, or reporting of such information and cannot be held liable for any act or omission of ours related to such information.

 

Contact and survey information (any information you provide to us, whether through the Site or at an HH Property, and including the results of any survey or feedback response you may provide to us if we request you do so).

 

Audio & visual information (during your visit or stay with us at our HH Properties, you and your party’s images, video and audio information may be collected by our on-premises digital security systems by sensors located in public areas such as lobbies, restaurants, or stairways).

 

Corporate account information (contract details regarding he employees or agents of organizations and other individuals with which we do business, for instance event planners or travel agents).

 

Other information (anything else you voluntarily choose to provide in accordance with this Privacy Policy).

 

(b) General Information About You. This is information that is about you but individually, does not identify you. For example, it includes your geographic location and information about where you are travelling from. It also includes information about your internet connection, the equipment you use to access the Site and your usage details, such as any of your search queries or activity logs on the Site. This “log data” may include information such as your device Internet Protocol (“IP”) address, device name, operating system version, the configuration of the app or browser when utilizing the Site, the time and date of your use of the Site, and other statistics.

 

This general information about you is used by us to understand how our Site is used and to improve its functionality, and to send you marketing communications that may be more interesting or relevant to you. In some circumstances, such as if you make a purchase through the Site, some of your log data can become attributable to you, in which case it is treated as “personal information” as described in this Privacy Policy.

 

(c) User-Generated Content. You may also provide us with additional information or content, including text, photos, audiovisual content, and location information as input into the Site or at our HH Properties, for example through message boards, reviews, guest books, contact functions, or other interactive features of the Site or that are located at an HH Property. You may also provide us with this additional information by posting or sharing it using third-party social media sites, or by uploading it directly to the Site. This content and information is referred to as “User-Generated Content”.

 

If you provide any User Generated Content to us through the Site or through an HH Property, or by tagging or geotagging us, our Site, or any account associated with us or an HH Property on your social media account, we may use such User-Generated Content without restriction or compensation to you, including by posting it to the Site or our social media accounts, in our sole discretion. You expressly agree that, by submitting User-Generated Content to us, we may display certain of your personal information or general information about you (namely, your name, username, or other identifying information, social media account handle, profile picture, and location) along with such User-Generated Content on our Site or social media accounts. Subject to applicable law, you will remain the sole owner of your User-Generated Content, which you acknowledge you provide to us pursuant to a perpetual, irrevocable, sublicensable, royalty-free, non-exclusive worldwide license in any format and with unlimited adaption, derivation, and modification rights. You further acknowledge that all User-Generated Content is considered non-confidential, and we have no obligation to maintain the confidentiality of such information. If you provide us with User-Generated Content, you represent and warrant that you are 18 years of age or older, have all necessary rights and permissions to provide such User-Generated Content, and that you are solely responsible for your User-Generated Content.

 

If you disagree with our use of your User-Generated Content as described in this section, you should refrain from providing us with any User-Generated Content. You may request that we remove your User Generated Content from the Site and/or our social media accounts, and we will take commercially reasonable steps to delete your User Generated Content upon receipt of such request. We may be unable to fully delete all of your User Generated Content, for example, we may be unable to remove User Generated Content that is posted to third party websites or social media accounts.

 

We may draw inferences from any of the information collected about you as described above in order to create a profile reflecting your preferences and interests. This profile helps us improve the content and relevancy of any marketing or other communications we provide to you. 

 

No other special categories of information are collected by us from you through the Site, at our HH Properties, or otherwise.

 

 

3. How We Collect Information About You

 

We collect personal information and general information about you directly from you when you provide it to us, such as by creating an account, emailing us, or making a booking directly with us. We may also ask you for personal information when you report a problem with the Site. You may also provide us with personal information that we collect on-site when you check in or during your stay at an HH Property, for example if you make a reservation or book a catering service with us. We also collect personal information from other HH Properties you have previously visited, for purposes of better meeting your needs and preferences in advance.

 

We may also collect certain personal information from third parties, provided that you have authorized those third parties to share information with us, for example by authorizing them to make a reservation for you, through social media pages of HH or the HH Properties hosted on third-party social media platforms, or when you use third party services such as booking sites to make a reservation. In addition, your personal information and general information about you may be collect from IOT Devices (that is, devices connected to the Internet) that are available at an HH Property and to which your personal device(s) are connected.

 

We also collect certain general information about you and information about your connection as you navigate through and interact with the Site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies. The technologies we use for this automatic data collection, and the types of information collected by these technologies, may include:

 

(a) Cookies. We may use cookies to operate and administer the Site and improve your experience on it, especially if you access the Site through a mobile app or mobile web browser. A “cookie” is a piece of information sent to your browser by a website you visit. You can set your browser to accept all cookies, to reject all cookies, or to notify you whenever a cookie is offered so that you can decide each time whether to accept it. However, refusing a cookie may in some cases preclude you from using, or negatively affect the display or function of, a website or certain areas or features of a website. For more details on cookies please visit www.allaboutcookies.org.

 

(b) Log Files and Web Beacons. These are scripts or other files (also known as “tags” or “pixels”) we use to track actions occurring on the Site related to your connection or usage. The use of these files on the Site may potentially result in the retention of personal information by third parties that manage these log files, beacons, or tags.

 

(c) Analytics. Analytics are web analysis services provided by Google LLC and by Wix.com Ltd. These services utilize personal information collected to track and examine the use of the Site, to prepare reports on its activities, and to share them with other services. Analytics services may use the personal information collected to contextualize and personalize the ads of its own advertising network. We may use Google Analytics and Wix Analytics to automatically collect information about your connection and usage of the Site.

 

(d) Hosting or Displaying Third Party Services or Content. Certain key components of the Site are hosted or run using Third Party Services including Mews. These allow the Site to be presented to you as a unified platform. Such platforms provide a wide range of tools to the Site (such as analytics, user registration, commenting, database management, e-commerce, payment processing) that imply the collection and handling of personal information. In addition, we may display content owned or published by third parties on external platforms. This allows you to view and interact with this third-party content directly from the Site. This type of service might still collect web traffic data for the pages where the service is installed, even when users do not use it.

 

We do not alter these collection practices when we see a Do Not Track signal from your browser.

 

The Site may also contain links to other sites. If you click on a third-party link, you will be directed to that site. Note that these external sites are not operated by us. Therefore, we strongly advise you to review the privacy policy of these websites. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services presented to you via the Site.

 

 

4. How We Use Your Information

 

We process and use the personal and general information that we collect about you or that you provide to us in the following ways:

 

To present the Site and its contents (including, but not limited to, content generated by algorithms we use on the Site) to you and other uses of the Site, or in any other way we may describe when you provide information to us.

 

To conduct our business activities at the HH Properties, and to improve our product and service offerings. This includes by sharing information between specific HH Properties, and sending you confirmations of reservations and receipts of bills, if requested by you.

 

To provide you with information, products, or services that you request from us. This includes providing notices and facilitating communication between you and us, and to facilitate reservations, payments or other requests relating to your stay with us at an HH Property.

 

To provide you with personalized services or fulfill any other purpose for which you provide it or for which you give us your consent, whether in connection with the Site or during your stay at our HH Properties.

 

To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, such as for in-room catering services or in connection with an event at one of our HH Properties.

 

To confirm the reservation details of and provide you services in connection with any reservation relating to our HH Properties you may make using a third-party booking service.

 

To notify you about changes to the Site or any products or services we offer or provide though it (in compliance with applicable law).

 

To make any other communications with you, including confirmations, alerts or notices regarding any products or services we provide you, promotional offers, marketing and targeted advertising, and guest surveys. You may opt out of receiving certain of these communications, but your access to certain features and functionalities of the Site or related to your experience with us may be limited as a result.

 

To maintain security on the Site and at our HH Properties, including to detect, investigate, and prevent fraudulent transactions, abuse, and other illegal activities on the Site and at our HH Properties, and to protect the rights, property, or safety of the Site and our HH Properties. Without the use of your audio and visual information in particular for this purpose, security may suffer.

 

To enforce compliance with our policies and to comply with applicable law and government requests or enforce or manage legal claims or accounting and administrative tasks.

 

We may also aggregate or de-identify the information we collect from you and use this aggregated information to analyze the effectiveness of our Site, to improve and add features, and to conduct analytics and research related to the Site and our products and services. We may collect aggregated information through the Site, through cookies, and through other means described in this Privacy Policy. We will maintain and use de-identified information in anonymous or de-identified form, and we will not attempt to reidentify the information.

 

If you are a resident of the EEA at the time your personal or general information is collected, the uses of your personal information as described in this section constitute the legal basis for our collection of your personal information under the GDPR.

 

If you have given your consent to any particular use or processing of your personal information as described in this section, you can withdraw your consent at any time by contacting us at stays@hearthhomes.com.

 

 

5. Sharing Your Information

 

We may share or disclose certain of your personal information:

 

With our personnel, subsidiaries, booking partners and other third-party service providers and affiliates in order to provide you with the Site or in order for you to purchase products and services from us.

 

When you provide your consent to such disclosure. This includes with respect to User-Generated Content you provide us for use on the Site or in our records at any HH Property.

 

To third parties we use to support the Site or to support our business operations, including professional third parties and advisors who provide financial, legal, sales management, customer support, website management, data privacy, compliance, insurance, accounting or other consulting or auditing services.

 

To a buyer or other successor in the event of a merger, acquisition, reorganization or sale or transfer of some or all of our assets in which personal information held by us about the Site users is among the assets transferred. If there is going to be a change in how your personal information is used or processed in connection with any of these transactions, you will receive a prior notice of such change.

 

To comply with any court order, law, or legal process, including to respond to any government or regulatory request, including with respect to requests from government authorities outside the United States or outside your country of residence (as applicable) and to meet national security, counterterrorism, or law enforcement requirements.

 

To enforce or apply this Privacy Policy, our Booking and Property Policies, or any other agreements between you and us, or if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of us, our customers, or others.

 

We may also disclose aggregated information about our users, and information that does not identify any individual, without restriction. The sharing of such aggregated personal information is not subject to this Privacy Policy.

 

Your personal information is never sold or licensed to third parties without your explicit prior written consent.

 

 

6. Third Party Content

 

We may provide information about third-party products, services, activities or events on our Site or on premises at our HH Properties, or we may allow third parties to make their content and information available on our Site or at a given HH Property (collectively, “Third-Party Content”) as a service to those interested in this information. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. We do not control, endorse or adopt any Third-Party Content and make no representation or warranties of any kind regarding Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.

 

In addition, we may use third-party web hosting and payment service(s), including Google Analytics, Wix Visitor Analytics, Ascend Marketing, and Mews, (each, a “Third-Party Service”) to facilitate reservations and payments made through our Site. These Third-Party Services are made available on the Site via an integrated application owned and operated by the provider of the Third-Party Service, not us. Please see our Terms of Service to learn more about each of these Third-Party Services.

 

 

7. Your Privacy Choices and Rights

 

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with control over the visibility of your personal information, which you can access by emailing us at stays@hearthhomes.com. The rights that you may have when exercising your data privacy choices, depending on the jurisdiction in which you live, may include:

 

Accessing, correcting, updating, or requesting deletion of your information.

 

Objecting to processing of your information, asking us to restrict processing of your information, or requesting the portability of your information.

 

Opting out from receiving marketing communications that we send you at any time. You can exercise this right by selecting the “unsubscribe” or “opt-out” link in the marketing emails we send you. Additionally, you may update your email preferences by changing the settings in your account.

 

Withdrawing your consent at any time if we have collected and processed your information with your consent. Withdrawing your consent will not affect the lawfulness of any processing that we conducted prior to your withdrawal, nor will it affect processing of your information conducted in reliance on lawful processing grounds other than consent.

                       

Complaining to a data protection authority about our collection and use of your information. For more information, please contact your local data protection authority.

 

You may also use your mobile device, computer, or other internet-connected device’s settings to change how your device retains and uses information provided or collected by applications such as the Site operating on that device. In particular, adjusting your device’s or your browser’s Cookie settings can allow you to exercise your right to opt out of many types of collection or processing of your personal information. We encourage you to familiarize yourself with your device’s and browser’s settings before contacting us with a request to modify or delete any of your personal information.

 

Depending on the jurisdiction of your residence, some or all of these rights may not apply to you. In addition, these rights are not absolute, and your request to exercise certain data privacy rights may be denied by us based on applicable law, including when denial of access is required or authorized by law; when granting access would have a negative impact on other people’s privacy; when necessary to protect our rights and properties; when your request would result in incomplete or inaccurate information otherwise necessary for us to provide you with products or services; or when your request is frivolous or overly burdensome.

 

We respond to all requests that we receive from individuals who wish to exercise their data protection rights in accordance with applicable law. You can contact us with your request by sending an email to stays@hearthhomes.com. You may also file a complaint with your local data protection authority about the use of your information on the Site.

 

Please note that certain functions or features of the Site may not operate properly if you change what information you choose to share with us.

 

 

8. California Privacy Rights

 

In addition to the rights provided above, if you are a California resident, you may have some additional rights described in this section. For example, 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 email to stays@hearthhomes.com. In addition, California residents have certain rights to know of, access and delete their personal information and to request transparency about our privacy practices.

 

During the preceding 12 months, we have collected, used, and shared the categories of personal information described in this Privacy Policy. We may also share your personal information by allowing certain third parties (such as social media platform providers and online advertising services) to collect personal information via automated technologies on our Site for cross-context behavioral advertising purposes. This enables us to provide you with content and marketing communications that are more interesting and relevant to you.

 

We do not consider the ways we share your information as a “sale” for purposes of California law. However, if your personal information is sold to third parties, we will request your explicit written consent to such a sale prior to its occurrence. In such a case, you also have the right to request that we disclose to you the categories of your personal information that is sold, and the categories of third parties who buy such information. Even if you have previously given us your consent to sell your personal information to third parties, you have the right to direct us not to sell your personal information at any time.

 

If you would like to access or delete your information, or otherwise exercise your rights under the California Consumer Privacy Act, please see Section 7 of this Privacy Policy. Once we receive your request, we may verify it by requesting information sufficient to confirm your identity, including by asking you for additional information. Consistent with California law, if you choose to exercise your rights, we will not charge you different prices, provide different quality of services, or discriminate against you in any way for exercising your rights, unless those differences are permitted by law. If you would like to use an agent registered with the California Secretary of State to exercise your rights, we may request evidence that you have provided such agent with power of attorney or that the agent otherwise has valid written authority to submit requests to exercise rights on your behalf.

 

 

9. Data Security, Retention and Transfers of Information

 

We are a controller of your information for data privacy purposes. Our legal bases for processing your personal information as described in this Privacy Policy are the performance of a contract with you when we provide you with our Site or in connection with your booking at an HH Property, your consent to our processing of that information, and our compliance with legal obligations, including by protecting our Site from abuse or fraud as described in this Privacy Policy. For purposes of the UK and EU General Data Protection Regulation 2018, our data controller is Hearth Homes LLC, at 5125 Louisiana Place, Santa Barbara, CA 93111. Note that third parties using the Site may also be controllers of your information; you should contact these third parties and review their privacy policies if you have questions regarding how they use the information you provide to them.

 

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. 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 certain parts of the Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

 

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Site or to us through the Site, including if you email us. 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.

 

We retain all information we collect from you for only as long as we need in order to provide our Site or our products and services to you, or for other legitimate business purposes such as resolving disputes, safety and security reasons, or complying with our legal obligations. How long we retain your information depend on a number of factors, such as the amount, nature, and sensitivity of the information, the potential risk of harm from unauthorized use or disclosure, our purpose for processing the information, and any legal requirements. For example, contact information such as your name and phone number is retained for marketing purposes for no more than five years. General information about you that is collected through log files is generally kept for no more than 30 days. Records of any request to exercise your rights under the California Consumer Privacy Act are kept for 24 months.

 

We are based in the United States, and our Site is offered to persons located in the United States. As such, information about you will be transferred to, and processed in, the United States, which may not be your country of residence. Your country of residence may have data protection laws that are different to the laws of the United States and, in some cases, may not be as protective. We have taken appropriate safeguards, such as standard contractual clauses, to require that your information will remain protected in accordance with this Privacy Policy in such instances.

 

 

10. Changes to Our Privacy Policy

 

It is our policy to post any changes we make to our Privacy Policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you by email to the primary email address you have provided to us, or through a notice on the Site. The date the Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting the Site and this Privacy Policy to check for any changes.

 

To ask questions or comment about this Privacy Policy and our privacy practices, contact us at:

stays@hearthhomes.com.

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