Privacy Policy
Last Updated: April 15, 2025
This website is owned and operated by Operto Guest Technologies Inc. (“Operto”, “we” or “us”). Operto is committed to protecting the privacy of personal information (i.e. any information relating to an identified or identifiable natural person) who visit any of the sites owned by Operto, which includes as of the “Last Update” date, but is not limited to: Operto (operto.com), DACK Inc. and StayMyWay (collectively, the “Sites”), individuals who use the mobile applications owned and operated by Operto (the “Applications”), or individuals who use the services available on the Sites and Applications (collectively, the “Services ”). This privacy policy relates to all of our activities, unless we have provided you with a separate privacy policy for a particular product, service or activity.
In this Policy, we use the word “Customer” to refer to anyone who has subscribed to or paid for use of our Services. We use the word “you” to refer to any other individual user of our Services, such as an employee of a Customer, or an individual browsing or using our Sites and Applications.
Amendments to this Privacy Policy will be posted to the Sites and/or Services and will be effective when posted. Your continued use of the Site and/or Services following the posting of any amendment to this Privacy Policy shall constitute your acceptance of such amendment.
Please review this privacy policy carefully. By submitting your personal information to us, by using our Sites, or by otherwise accessing or using the Services, you consent to our collecting, using and disclosing your personal information as set out in this privacy policy.
“Personal information” means information about an identifiable individual. This information may include, but is not limited to, your name, mailing address, e-mail address, telephone number, browsing information and country of residence.
Personal information does not include information where there is no serious possibility that it can be used to identify, directly or indirectly, an individual, whether on its own or in combination with other information, or personal information that has been anonymized or aggregated such as to be considered anonymized information or no longer personal information under applicable laws.
What’s in this Privacy Policy?
- Your Consent to Collection, Use and Disclosure
- Our Collection of Personal Information
- How We Use Your Personal Information
- How We Share Your Personal Information
- Opting Out of Communications
- International Transfer and Storage of Information
- Retention of Personal Information
- Information Security
- Your Privacy Rights
- Cookie Policy
- Third Party Websites and Services
- Children’s Information
- Privacy Policy Updates
- Contact Us
Your Consent to Collection, Use and Disclosure
The primary basis on which we collect, use and disclose your personal information is with your consent, unless otherwise permitted or required by law. How we obtain your consent will depend on the circumstances, as well as the sensitivity of the information collected. Subject to applicable laws, your consent may be express or implied, depending on the circumstances and the sensitivity of the personal information in question. If you choose to provide personal information to us, we assume that you consent to the collection, use and disclosure of your personal information as outlined in this privacy policy.
You may withdraw your consent to our collection, use or disclosure of your personal information at any time by contacting us using the contact information within our Sites or Applications. However, before we implement the withdrawal of consent, we may require proof of your identity. In some cases, withdrawal of your consent may mean that we will no longer be able to provide certain products or services. Please also note that certain data will remain within the Services for us to fulfill its contractual obligations, even after you withdraw your consent.
If you provide personal information about another individual to us, it is your responsibility to obtain the consent of that individual to enable us to collect such information from you, and to use and disclose his or her information as described in this privacy policy.
Our Collection of Personal Information
When you register as a Customer or individual user on one of our Sites or Services, we ask for personal information that will be used to activate your account, provide the Services to you, communicate with you about the status of your account, and for other purposes set out in this Privacy Policy.
We collect Personal Information from you in the following ways:
- From guests who use the Services – we collect information as you use the Services, whether directly uploaded and created by you, or automatically collected by us. This includes when guests book a reservation.
- From Customers who use the Services for business purposes, such as property owners, managers, or their respective employees. This information is referred to herein as “Customer Data”. Our Customers will provide us with guest names and the length of your stay in the property unit. For example, your contact information will be shared with us so that you and your host can communicate directly through the Services.
- Through your engagement with our Sites, including information submitted by you within a website form or obtained from us through cookies or similar technologies. This information is collectively referred to as “Website Data”.
- From other third party sources, such as our partners and service providers.
Types of Personal Information we collect
We collect the following types of information from you:
- Account and Profile Information: We collect your contact information to provide our Services and to manage our relationship with you. This includes information such as your name, e-mail address and other contact information, as well as information about your stay.
- Information from your stay: During your stay, we may record your entry and exit times from the unit and the air quality, decibel levels, CO2 levels, humidity levels, and temperature levels inside the unit. We do not collect or share audio or video recordings of guests.
- Information from linked accounts: We may receive information about you when you integrate or link a third-party service with our Services. You may also integrate our Services with other services you use, so as to allow you to access, store, share and edit certain content from a third-party through our Services. The information we receive when you link or integrate our Services with a third-party service depends on the settings, permissions and privacy policy controlled by that third-party service. You should always check the privacy settings and notices in these third-party services to understand what data may be disclosed to us or shared with our Services.
- Technical Usage: We collect usage information relating to how you interact with our Sites and Applications. Technical information may include your Internet protocol address, information about your device, browser and operating system, how you are using our Sites and Applications, and the date and time of your visit.
- Payment Information: For the purposes of billing and in order to process payments, Operto utilizes third party payment gateways, who will collect and utilize your credit card and other payment information in accordance with their respective privacy policies. Operto shall not be liable to you or any other person for any damages that might result from unauthorized use, publication, disclosure or any other misuse of such payment information, including credit card information.
- Website and Application Forms: We collect information that you submit to us on our Sites and Applications, including your name, e-mail address and other contact information.
How We Use Your Personal Information
We may use your personal information and other information that we collect to provide the Services, to comply with our contractual obligations, and to support our legitimate interests in maintaining, improving and advertising the Services. Below are the specific purposes for which we use the information we collect about you.
- to provide you with our Services and to support your use of our Services;
- to contact you in relation to our Services;
- to monitor, maintain, and improve our Services, and to develop new products and services, including to train artificial intelligence models;
- to conduct research and analysis related to our business and Services;
- to respond to inquiries and other requests;
- to collect opinions and comments in regard to our Services;
- to provide you with information that we think may interest you, including marketing communications; and
- to comply with legal and regulatory requirements, where applicable.
We may use your personal information and other information for purposes for which we have obtained your consent, and for such other purposes as may be permitted or required by applicable law.
| Purpose of processing your data | Legal bases of processing (EU users) * |
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*For the personal information from the EU/UK that we process, this column describes the relevant legal bases for such processing under the EU General Data Protection Regulation (“GDPR”) (and local implementing laws of EU member states and the United Kingdom); this does not limit or modify the obligations, rights and requirements under the privacy laws of non-EU jurisdictions.
** For the personal information from the EU, the processing is in our legitimate interests (set out above), which are not overridden by your interests and fundamental rights.
SMS Terms and Conditions:
Product Description: By providing your mobile phone number, you consent to receive SMS messages from us in regards to their account and demo scheduling purposes.
Message Frequency: Message frequency may vary.
Message and Data Rates: Standard message and data rates may apply depending on your carrier.
Opting Out: You may opt out of receiving SMS messages at any time by replying with “STOP” to any SMS message you receive from us. After opting out, you will receive a confirmation message, and we will cease sending SMS messages to your number.
Help and Support: If you need assistance or have questions about our SMS service, reply with “HELP” to any SMS message you receive, or contact our customer support team at support@operto.com
Privacy Policy: Your phone number will be handled in accordance with our Privacy Policy. We do not share SMS opt-in consent with any third parties for solicitation purposes.
Our Use of Artificial Intelligence
We use artificial intelligence for various purposes to deliver our Services. We may use your personal information for the following purposes:
- To enhance your user experience and keep our site safe.
- To determine the sort order you see on our site.
- To provide recommendations and insights.
- To screen the content you upload on our site. This includes but is not limited to reviews, communications, photos, etc.
- To prevent and detect a breach of our terms and conditions or other fraudulent activities to keep our site safe.
Automated decisions may be made by putting your personal information into a system and the decision is calculated using automatic processes.
We will rely on our legitimate interest to keep our site safe and to enhance your user experience.
We will not engage in automated decision-making that involves a decision with legal or similarly significant effects solely based on automated processing of personal information, unless:
- you explicitly consented to the processing,
- the processing is necessary for entering into a contract, or for its performance
- when otherwise authorized by applicable law.
If you want to know more about our use of Artificial Intelligence, please contact us using the information in the “Contact Us” section below.
How We Share Your Personal Information
Sharing with Customers
We may share information collected about guests with our Customers (typically the property manager or the property owner). This information may include guests’ email addresses and telephone numbers, guests’ entry and exit times from the unit, and the air quality, decibel levels, CO2 levels, and temperature levels inside the unit. We do not collect or share audio or video recordings of guests.
Other Disclosures
Additionally, we may disclose your information when we believe such disclosure is permitted, necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce the terms of the agreements for our products and services; (e) to protect our operations or those of any of our affiliates or subsidiaries; (f) to protect our rights, privacy, safety or property, and/or those of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain. In addition, we may transfer your personal information and other information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, brands, affiliates, subsidiaries or other assets.
Opting Out of Communications
If you no longer want to receive marketing-related emails from us, you may opt out of receiving marketing-related emails by clicking the “unsubscribe” link at the bottom of any email you receive from us. You may also opt out by contacting us directly using the contact information on our Sites.
We will endeavour to respond to your opt-out request promptly, but we ask that you please allow us a reasonable time to process your request. Please note that if you opt out from receiving marketing-related emails, we may still need to send you communications about your use of our products or services, or other matters.
Retention, Transfer and Storage of Information
We will maintain your personal information for as long as they are needed, or as required by applicable laws, regulations, or government orders. After the relevant amount of time has passed, we will delete your information.
Personal information may be processed in any country where we have facilities or in which we engage third party service providers to fulfil the purpose for which we collected the personal information. As a result, your personal information may be transferred to countries outside your country of residence, which may have different data protection rules than in your country. While such information is outside of your country, it is subject to the laws of the country in which it is located, and may be subject to disclosure to the governments, courts or law enforcement or regulatory agencies of such other country, pursuant to the laws of such country.
No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the stated categories in this privacy policy exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties. End users can opt out of receiving further messages by replying STOP or ask for more information by replying HELP. Message frequency varies. Message and data rates may apply.
Security of Personal Information
We have implemented commercially reasonable physical, organizational, contractual and technological security measures with a view to protecting your personal information from accidental or unlawful destruction, loss or theft, unauthorized access, disclosure, copying, use or modification. We have taken steps to ensure that the only personnel who are granted access to your personal information are those with a business ‘need-to-know’ or whose duties reasonably require such information.
Despite the measures outlined above, no method of information transmission or information storage is 100% secure or error-free, so we unfortunately cannot guarantee absolute security. In the case of a breach of security safeguards, we will act promptly to mitigate the risks and to inform you where there is a real risk of significant harm, or as otherwise required by law.
You are responsible for maintaining the secrecy of your identification, passwords and/or any personal information in your possession for the use of our Sites and/or the Services. Always be careful and responsible regarding your personal information. We are not responsible for, and cannot control, the use by others of any information which you provide to them and you should use caution in selecting the personal information you provide to others through our Sites or the Services. Similarly, we cannot assume any responsibility for the content of any personal information or other information which you receive from other users through our Sites or the Services. We cannot guarantee, or assume any responsibility for verifying, the accuracy of the personal information or other information provided by any third party.
If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any information that you provided to us has been compromised), please contact us immediately using the contact information on our Sites.
Your Rights Regarding Your Personal Information
Individuals have a number of rights concerning their personal information under global privacy laws. Under certain conditions, you may make a written request to access, correct or delete any personal information about you that we have collected, used or disclosed, and we will provide you with any such personal information to the extent required by law. You may also challenge the accuracy or completeness of your personal information in our records. If you successfully demonstrate that your personal information in our records is inaccurate or incomplete, we will amend the personal information as required.
On written request and subject to proof of identity, you may access the personal information that we hold, used or communicated and ask that any necessary corrections be made, where applicable, as authorized or required by law. However, to make sure that the personal information we maintain about you is accurate and up to date, please inform us immediately of any change in your personal information by mail or e-mail.
Under some privacy laws, you may be entitled to additional rights, including: (i) the right to withdraw consent; (ii) the right to access your personal information and certain other supplementary information, under certain conditions; (iii) the right to object to unlawful data processing, under certain conditions; (iv) the right to erasure of personal information about you or to ask us to stop dissemination of your personal information, under certain conditions; (v) the right to demand that we restrict processing of your personal information, under certain conditions, if you believe we have exceeded the legitimate basis for processing, processing is no longer necessary, are processing, or believe your personal information is inaccurate; (vi) the right to data portability of personal information concerning you that you provided us in a structured, commonly used, and machine-readable format, under certain conditions; (vii) the right object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you, under certain conditions;.
Please note that such rights are not absolute. There are instances where applicable law or regulatory requirements allow or require us to refuse to provide some or all of the personal data that we hold about you. In the event that we cannot accommodate your request, we will inform you of the reasons why, subject to any legal or regulatory restrictions.
You also have the right to lodge a complaint with the relevant data protection or privacy authority, such as the Office of the Privacy Commissioner in Canada.
We may require that you provide sufficient identification to fulfill your request to access or correct your personal information. Any such identifying information will be used only for this purpose. We will not charge you any fees to access your personal information in our records without first providing you with an estimate of the approximate fees, if any.
Cookie Policy
We use “cookies” and enlist third party services which use cookies to track your preferences and activities on our Sites and within our Services. Cookies are small data files transferred to your computer’s hard-drive by a website. To see more information about our use of cookies, please see our Cookie Policy. You should note, however, that without cookies some of our website’s functions may not be available.
Third Party Websites and Services
This privacy policy applies only to our products and services. This privacy policy does not extend to any websites or products or services provided by third parties. We do not assume responsibility for the privacy practices of such third parties, and we encourage you to review all third party privacy policies prior to using third party websites or products or services.
Children’s Information
We do not knowingly provide the Services to, and will not knowingly collect the personal information from anyone under the age of consent. If you live in a country in the EU/EEA, you must be at least 16 years old to use our Services or such greater age required in your country to register for or use our Services. If you live in any other country except those in the EU/EEA, you must be at least 14 years old to use our Services or such greater age required in your country to register for or use our Services. In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have authority to agree to our Privacy Policy in your country, your parent or guardian must agree to our Privacy Policy on your behalf. If you have any concerns about your child’s personal information, please contact us per the “contact us” section below.
Privacy Policy Updates
This privacy policy is current as of the “updated” date which appears at the top of this page. We may modify this privacy policy from time to time. When changes are made to this privacy policy they will become immediately effective when published in a revised privacy policy posted on our Sites, unless otherwise noted. We may also communicate the changes through our Services or by other means. By submitting your personal information to us, by registering for or using any of the Services we offer, by using our Sites, or by voluntarily interacting with us after we publish or communicate a notice about the changes to this privacy policy, you consent to our collecting, using and disclosing your personal information as set out in the revised privacy policy.
Contact Us
All comments, questions, concerns or complaints regarding your personal information or our privacy practices should be sent to our Privacy Officer at the following address:
Attention: Privacy Officer
200 Granville St, Vancouver, BC, Canada V6C 1S4
Email: privacy@operto.com