Operto Guest Technologies Inc. (“Company”, “we” or “us”) is committed to protecting your privacy and safeguarding your personal information.  The purpose of this Privacy Policy is to inform you about our privacy practices, including how we collect, use and disclose your personal information.

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.

Please review this Privacy Policy carefully.  By submitting your personal information to us, by registering for or using any of the services we offer, by using our website, or by voluntarily interacting with us, you consent to our collecting, using and disclosing your personal information as set out in this Privacy Policy, as revised from time to time.

WHAT’S IN THIS PRIVACY POLICY?

• Meaning of Personal Information
• Your Consent to Collection, Use and Disclosure
• Personal Information We Collect
• How We Use Your Personal Information
• How We Share Your Personal Information
• Opting Out of Communications
• Retention of Personal Information
• Information Security
• Accessing and Updating Your Personal Information
• International Transfer and Storage of Information
• Third Party Websites and Services
• Children’s Information
• Privacy Policy Updates
• Contact Us

Meaning of Personal Information

“Personal information” means information about an identifiable individual.  This information may include, but is not limited to, your name, address, e-mail address and telephone number.

Under certain Canadian privacy legislation, personal information does not include any business contact information that is solely used to communicate with you in relation to your employment, business or profession, such as your name, position name or title, work address, work telephone number, work fax number or work electronic address.

Personal information also does not include information that has been anonymized or aggregated in such a way that there is no serious possibility it can be used to identify an individual, whether on its own or in combination with other information.

Your Consent to Collection, Use and Disclosure

We collect, use and disclose your personal information with your consent or as permitted or required by law.  How we obtain your consent (i.e., the form we use) 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.

Typically, we will seek your consent at the time your personal information is collected. Where we want to use your personal information for a purpose not previously identified to you at the time of collection, we will seek your consent prior to our use of such information for this new purpose.

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 in the “Contact Us” section below.  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.

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, use and disclose his or her information as described in this Privacy Policy.

Personal Information We Collect

• Products and Services.  For individuals who use our products and services, we may collect personal information from you or from your use of our products or services.
  • Information from Clients (Property Managers/Owners): We collect information that you submit through your use of our products or services, including information you provide in connection with the creation and management of your account for our products or services, such as your full name, e-mail address, telephone number, home or business address, billing address, credit card credentials, and your usernames and passwords for apps that are linked to our platform.
  • Information about Guests: When you book a reservation (for example, with a hotel, Airbnb, Expedia, or another third-party company), we will generate and send a unique access code to you to allow you to access our Guest Portal.

Our property management service providers will provide us with your name and the length of your stay in the property unit. Once you are in the Guest Portal, you will have the opportunity to provide your e-mail address and telephone number. Your contact information will be shared with our clients so that you and your host can communicate directly.

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 Automatically Collected: We collect log data and usage information relating to your use of our products and services.
• Website.  For individuals who visit our website located at www.operto.com or any of our related websites (collectively, “our website”), we may collect information from you or from your activities on the site.
  • Like most websites and other Internet services, we may collect certain technical and device information about your use of our website.  Such information may include your Internet protocol address, information about your device, browser and operating system, and the date and time of your visit.
  • We may also use “cookies” or enlist third party services which use cookies to track your preferences and activities on our website.  Cookies are small data files transferred to your computer’s hard-drive by a website.  They keep a record of your preferences, making your subsequent visits to the site more efficient. Cookies may store a variety of information, including the number of times that you access a site, your registration information and the number of times that you view a particular page or other item on the site.  The use of cookies is a common practice adopted by most major sites to better serve their users.  Most browsers are designed to accept cookies, but they can be modified to block cookies.  See your browser’s help files for more information.  You should note, however, that without cookies some of our website’s functions may not be available. For more information, please refer to our Cookies Policy. [NTD: Insert link to the Cookies Policy.]
• Other Interactions.  For individuals who otherwise interact with us, whether in person, by phone by email, or otherwise, we may collect information that you provide to us during these interactions. This information may include your name, e-mail address and other contact information.

We do not collect payment card information.  If you make an online payment using a payment card, such as a credit card or debit card, you are connected directly to our online payment processing service provider and your payment card information is collected and processed by that service provider.

How We Use Your Personal Information

We may use your personal information for the following purposes:

• to provide you with our products and services and to support your use of our products and services (applicable legal basis under the General Data Protection Regulation (“GDPR”): performance of a contract);
• to contact you relating to our products and services (applicable legal basis under the GDPR: consent);
• to monitor and improve our products and services (applicable legal basis under the GDPR: legitimate interest);
• to develop new products and services (applicable legal basis under the GDPR: legitimate interest);
• to analyze the needs and activities of our customers to help us better serve them (applicable legal basis under the GDPR: legitimate interest);
• to conduct research and analysis related to our business, products and services (applicable legal basis under the GDPR: legitimate interest);
• to respond to inquiries and other requests (applicable legal basis under the GDPR: performance of a contract);
• to collect opinions and comments in regard to our products and services (applicable legal basis under the GDPR: consent);
• to provide you with information that we think may interest you, including in regards to our products and services (applicable legal basis under the GDPR: consent); and
• to investigate legal claims (applicable legal basis under the GDPR: legal obligation).

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.

We partner with third party advertising networks and social media platforms such as Facebook, LinkedIn, and Google Analytics to manage and provide our advertising on other sites, and we may share your personal information with them for this purpose. We and our third party partners may use cookies and other similar tracking technologies, such as pixels and web beacons, to gather information about your activities on our website in order to provide you with targeted advertising based on your browsing activities and interests.

Depending on your browser or mobile device, you may be able set your browser to delete or notify you of cookies and other tracking technology by actively managing the settings on your browser or mobile device. You may also be able to limit interest-based advertising through the settings on your mobile device or by adjusting your ad preferences on social media platforms and through other third-party settings. For more information, please refer to our Cookies Policy. [NTD: Insert link to the Cookies Policy.]

How We Share Your Personal Information

We may share information collected about guests with our clients (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.

We also rely on third party service providers to perform a variety of services on our behalf, such as telephone and technical support providers, web hosting, data storage and data processing service providers, payment card processers (Stripe and Barametrics) and property management service providers (including Guesty, Hostaway, Direct, MyVR, Cloudbeds, Mews, WebRezPro, Hostfully, Avantio, Kigo and VRScheduler).

If we provide your information to service providers, then we require that the service providers maintain the confidentiality of your personal information and keep your personal information secure.  We also require that they only use your personal information for the limited purposes for which it is provided.  When our service providers no longer need your personal information for those limited purposes, we require that they dispose of the personal information.  In some circumstances, we may permit our service providers to retain aggregated, anonymized or statistical information that does not identify you.  We do not authorize the service providers to disclose your personal information to unauthorized parties or to use your personal information for their direct marketing purposes.  If you would like more information about our service providers, please contact us using the contact information in the “Contact Us” section below.

Additionally, we may use and disclose your information when we believe such use or 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.

If we otherwise intend to disclose your personal information to a third party, we will identify that third party and the purpose for the disclosure, and obtain your consent.

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, or, if you created an online account when you registered to receive our emails, you may log-in to your account and make changes to your communication preferences.  You may also opt-out by contacting us directly using the contact information in the “Contact Us” section below.

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 of Personal Information

We will use, disclose or retain your personal information only for as long as necessary to fulfill the purposes for which that personal information was collected and as permitted or required by law. If you would like more information regarding how long your personal information will be retained by us, please contact us using the information in the “Contact Us” section below.

Information Security

We have implemented physical, organizational, contractual and technological security measures with a view to protecting your personal information and other information from 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 measure outlined above, no method of information transmission or information storage is 100% secure or error-free, so we unfortunately cannot guarantee absolute security.  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 in the “Contact Us” section below.

Accessing and Updating Your Personal Information

We will take steps to ensure that your personal information is kept as accurate, complete and up-to-date as reasonably necessary.  We will not routinely update your personal information, unless such a process is necessary.  We expect you, from time to time, to supply us with updates to your personal information, when required.

You may make a written request to review 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.

Under the GDPR, you may be entitled to additional rights, including: (i) the right to withdraw consent to processing where consent is the basis of processing; (ii) the right to object to unlawful data processing, under certain conditions; (iii) the right to erasure of personal information about you, under certain conditions; (iv) 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, or believe your personal information is inaccurate; (v) 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; (vi) the right to object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you, under certain conditions. If you want to learn more about your rights under the GDPR, you can visit the European Commission’s page on Data Protection at: https://ec.europa.eu/info/law/law-topic/data-protection/reform/rights-citizens_en.

You may also have the right to lodge a complaint with the data protection authority in your jurisdiction.

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.

International Transfer and Storage of Information

Your personal information may be stored in the United States and processed in any country where we have facilities or in which we engage third party service providers, notably in the United States.  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.

However, our practices regarding your personal information will at all times continue to be governed by this Privacy Policy and, if applicable, we will comply with GDPR requirements to provide adequate protection for the transfer of personal information from the EU/EEA to another country, such as by using standard contractual clauses.

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

Our products and services are not intended for children under the age of 19, and we do not knowingly collect personal information from children under the age of 19.  Children under the age of 19 should not use our products and services and should not provide us with their personal information.

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 website 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 website, 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 as follows:

[Last Updated: March 2021]