Please see Section 10 for contact details of the Data Controllers and Payment Data Controllers listed above.
There are three general categories of information we collect.
1.1.1 Information that is necessary for the use of the Toudays Platform.
We ask for and collect the following personal information about you when you use the Toudays Platform. This information is necessary for the adequate performance of the contract between you and us and to allow us to comply with our legal obligations. Without it, we may not be able to provide you with all the requested services.
Communications with Toudays and other Members. When you communicate with Toudays or use the Toudays Platform to communicate with other Members, we collect information about your communication and any information you choose to provide.1.1.2 Information you choose to give us.
You may choose to provide us with additional personal information in order to obtain a better user experience when using Toudays Platform. This additional information will be processed based on your consent.
1.1.3 Information that is necessary for the use of the Payment Services.
The Payments Data Controller needs to collect the following information, as it is necessary for the adequate performance of the contract with you and to comply with applicable law (such as anti-money laundering regulations). Without it, you will not be able to use Payment Services:
When you use the Toudays Platform and the Payment Services, we automatically collect information, including personal information, about the services you use and how you use them. This information is necessary for the adequate performance of the contract between you and us, to enable us to comply with legal obligations and given our legitimate interest in being able to provide and improve the functionalities of the Toudays Platform and Payment Services.
Toudays and Toudays Payments may collect information, including personal information, that others provide about you when they use the Toudays Platform and the Payment Services, or obtain information from other sources and combine that with information we collect through the Toudays Platform and the Payment Services. We do not control, supervise or respond for how the third parties providing your information process your personal data, and any information request regarding the disclosure of your personal information to us should be directed to such third parties.
We use, store, and process information, including personal information, about you to provide, understand, improve, and develop the Toudays Platform, create and maintain a trusted and safer environment and comply with our legal obligations.
We process this information given our legitimate interest in improving the Toudays Platform and our Members’ experience with it, and where it is necessary for the adequate performance of the contract with you.
We process this information given our legitimate interest in protecting the Toudays Platform, to measure the adequate performance of our contract with you, and to comply with applicable laws.
Conduct profiling on your characteristics and preferences (based on the information you provide to us, your interactions with the Toudays Platform, information obtained from third parties, and your search and booking history) to send you promotional messages, marketing, advertising and other information that we think may be of interest to you. We will process your personal information for the purposes listed in this section given our legitimate interest in undertaking marketing activities to offer you products or services that may be of your interest. You can opt-out of receiving marketing communications from us by following the unsubscribe instructions included in our marketing communications or changing your notification settings within your Toudays Account.
The Payments Data Controller processes this information given its legitimate interest in improving the Payment Services and its users’ experience with it, and where it is necessary for the adequate performance of the contract with you and to comply with applicable laws.
Where you have provided consent, we share your information, including personal information, as described at the time of consent, such as when you authorize a third party application or website to access your Toudays Account or when you participate in promotional activities conducted by Toudays partners or third parties.
To help facilitate bookings or other interactions between Members, we may need to share certain information, including personal information, with other Members, as it is necessary for the adequate performance of the contract between you and us, as follows:
We don’t share your billing and payout information with other Members.
The Toudays Platform lets you publish information, including personal information, that is visible to the general public. For example:
Based on our legitimate interest to promote the Toudays Platform we may display parts of the Toudays Platform (e.g., your Listing page) on sites operated by Toudays’s business partners, using technologies such as widgets or APIs. If your Listings are displayed on a partner’s site, information from your public profile page may also be displayed.
Information you share publicly on the Toudays Platform may be indexed through third party search engines. In some cases, you may opt-out of this feature in your Account settings. If you change your settings or your public-facing content, these search engines may not update their databases. We do not control the practices of third party search engines, and they may use caches containing your outdated information.
Hosts may need to use third party services available through the Toudays Platform to assist with managing their Accommodation or providing additional services requested by you, such as cleaning services or lock providers. Hosts may use features on the Toudays Platform to share information about the Guest (like check-in and check-out dates, Guest name, Guest phone number) with such third party service providers for the purposes of coordinating the stay, managing the Accommodation, or providing other services.
Toudays and Toudays Payments may disclose your information, including personal information, to courts, law enforcement or governmental authorities, or authorized third parties, if and to the extent we are required or permitted to do so by law or if such disclosure is reasonably necessary: (i) to comply with our legal obligations, (ii) to comply with legal process and to respond to claims asserted against Toudays, (iii) to respond to verified requests relating to a criminal investigation or alleged or suspected illegal activity or any other activity that may expose us, you, or any other of our users to legal liability, (iv) to enforce and administer our Terms of Service, the Payment Terms or other agreements with Members, or (v) to protect the rights, property or personal safety of Toudays, its employees, its Members, or members of the public.
These disclosures may be necessary to comply with our legal obligations, for the protection of your or another person's vital interests or for the purposes of our or a third party’s legitimate interest in keeping the Toudays Platform secure, preventing harm or crime, enforcing or defending legal rights, or preventing damage.
Where appropriate, we may notify Members about legal requests unless: (i) providing notice is prohibited by the legal process itself, by court order we receive, or by applicable law, or (ii) we believe that providing notice would be futile, ineffective, create a risk of injury or bodily harm to an individual or group, or create or increase a risk of fraud upon Toudays’s property, its Members and the Toudays Platform. In instances where we comply with legal requests without notice for these reasons, we will attempt to notify that Member about the request after the fact where appropriate and where we determine in good faith that we are no longer prevented from doing so.
Toudays and Toudays Payments uses a variety of third party service providers to help us provide services related to the Toudays Platform and the Payment Services. Service providers may be located inside or outside of the European Economic Area (“EEA”). In particular, our service providers are based in Europe, India, Asia Pacific and North and South America.
Toudays and the Toudays Payments will need to share your information, including personal information, in order to ensure the adequate performance of our contract with you.
To enable or support us in providing the Toudays Platform and the Payment Services, we may share your information, including personal information, within our corporate family of companies (both financial and non-financial entities) that are related by common ownership or control.
The data sharing is necessary for the performance of the contract between you and us to enable you to list or book Host Services in Japan and communicate with Members in Japan.
Additionally, we share your information, including personal information, with our corporate affiliates in order to support and integrate, promote, and to improve the Toudays Platform and our affiliates’ services.
Where permissible according to applicable law we may use certain limited personal information about you, such as your email address, to hash it and to share it with social media platforms, such as Facebook or Google, to generate leads, drive traffic to our websites or otherwise promote our products and services or the Toudays Platform. These processing activities are based on our legitimate interest in undertaking marketing activities to offer you products or services that may be if your interest.
The social media platforms with which we may share your personal data are not controlled or supervised by Toudays. Therefore, any questions regarding how your social media platform service provider processes your personal data should be directed to such provider.
Please note that you may, at any time ask Toudays to cease processing your data for these direct marketing purposes by sending an e-mail to email@example.com.
In jurisdictions where Toudays facilitates the Collection and Remittance of Occupancy Taxes as described in the “Taxes” section of the Terms of Service, Hosts and Guests, where legally permissible according to applicable law, expressly grant us permission, without further notice, to disclose Hosts’ and Guests’ data and other information relating to them or to their transactions, bookings, Accommodations and Occupancy Taxes to the relevant tax authority, including, but not limited to, the Host’s or Guest’s name, Listing addresses, transaction dates and amounts, tax identification number(s), the amount of taxes received (or due) by Hosts from Guests, and contact information.
In jurisdictions where Toudays facilitates or requires a registration, notification, permit, or license application of a Host with a local governmental authority through the Toudays Platform in accordance with local law, we may share information of participating Hosts with the relevant authority, both during the application process and, if applicable, periodically thereafter, such as the Host’s full name and contact details, Accommodation address, tax identification number, Listing details, and number of nights booked.
If a booking is designated as being for business purposes and made by a Guest affiliated with a company or other organization enrolled in our Toudays for Work Program (either or both an “Enterprise”), we may disclose information related to the booking to the Enterprise, such as the name of the Host, the Accommodation address, pricing, Listing details, and other related information, to the extent necessary for the adequate performance of the services. At the request of the Enterprise or the Guest, we may also share this information with third parties engaged by the Enterprise to provide travel management, travel planning, financial reporting, personnel management, crisis management, or other services.
If you have linked your Toudays Account with an Enterprise, and you are included on a booking designated as being for business purposes, we may disclose information related to the booking to your Enterprise to the extent necessary for the adequate performance of the services. Typically, this includes your name, dates of the booking, number of guests, pricing, Listing details, the Accommodation address, and other related information. At the request of you or your Enterprise, we may also disclose this information to service providers engaged by it, such as companies that provide travel management, financial reporting, personnel management, crisis management, or other services. In the event of a dispute, emergency, or similar situation involving a booking identified as being for business purposes, Toudays may also share additional relevant information it believes is necessary to safely and quickly address the situation.
We may review, scan, or analyze your communications on the Toudays 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, we scan and analyze messages to mask contact information and references to other websites. In some cases, we may also scan, review, or analyze messages to debug, improve, and expand product offerings. We use automated methods where reasonably possible. However, occasionally we may need to manually review some communications, such as for fraud investigations and customer support, or to assess and improve the functionality of these automated tools. We will not review, scan, or analyze your communications to send third party marketing messages to you, and we will not sell reviews or analyses of these communications.
These activities are carried out based on Toudays's legitimate interest in ensuring compliance with applicable laws and our Terms, preventing fraud, promoting safety, and improving and ensuring the adequate performance of our services.
You may link your Toudays Account with your account at a third party social networking service. Your contacts on these third party services are referred to as “Friends.” When you create this link:
We only collect your information from linked third party accounts to the extent necessary to ensure the adequate performance of our contract with you, or to ensure that we comply with applicable laws, or with your consent.
The Toudays Platform may contain links to third party websites or services, such as third party integrations, co-branded services, or third party-branded services (“Third Party Partners”). Toudays doesn’t own or control these Third Party Partners and when you interact with them, you may be providing information directly to the Third Party Partner, Toudays, or both. These Third Party Partners will have their own rules about the collection, use, and disclosure of information. We encourage you to review the privacy policies of the other websites you visit.
You may exercise any of the rights described in this section before your applicable Toudays Data Controller and Payments Data Controller by sending an email to firstname.lastname@example.org. Please note that we may ask you to verify your identity before taking further action on your request.
You may access and update some of your information through your Account settings. If you have chosen to connect your Toudays Account to a third-party application, like Facebook or Google, you can change your settings and remove permission for the app by changing your Account settings. You are responsible for keeping your personal information up-to-date.
You have the right to ask us to correct inaccurate or incomplete personal information concerning you (and which you cannot update yourself within your Toudays Account).
In some jurisdictions, applicable law may entitle you to request copies of your personal information held by us. You may also be entitled to request copies of personal information that you have provided to us in a structured, commonly used, and machine-readable format and/or request us to transmit this information to another service provider (where technically feasible).
We generally retain your personal information for as long as is necessary for the performance of the contract between you and us and to comply with our legal obligations. If you no longer want us to use your information to provide the Toudays Platform to you, you can request that we erase your personal information and close your Toudays Account. Please note that if you request the erasure of your personal information:
Where you have provided your consent to the processing of your personal information by Toudays you may withdraw your consent at any time by changing your Account settings or by sending a communication to Toudays specifying which consent you are withdrawing. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal. Additionally, in some jurisdictions, applicable law may give you the right to limit the ways in which we use your personal information, in particular where (i) you contest the accuracy of your personal information; (ii) the processing is unlawful and you oppose the erasure of your personal information; (iii) we no longer need your personal information for the purposes of the processing, but you require the information for the establishment, exercise or defence of legal claims; or (iv) you have objected to the processing pursuant to Section 6.6 and pending the verification whether the legitimate grounds of Toudays override your own.
In some jurisdictions, applicable law may entitle you to require Toudays and Toudays Payments not to process your personal information for certain specific purposes (including profiling) where such processing is based on legitimate interest. If you object to such processing Toudays and/or Toudays Payments will no longer process your personal information for these purposes unless we can demonstrate compelling legitimate grounds for such processing or such processing is required for the establishment, exercise or defence of legal claims.
Where your personal information is processed for direct marketing purposes, you may, at any time ask Toudays to cease processing your data for these direct marketing purposes by sending an e-mail to email@example.com.
You have the right to lodge complaints about the data processing activities carried out by Toudays and Toudays Payments before the competent data protection authorities. If your Data Controller is Toudays Ireland or Toudays GSL, you have the right to file a complaint with its lead supervisory authority, the Irish Data Protection Commissioner. If your Payments Data Controller is Toudays Payments (UK) Ltd. with its lead supervisory authority, the Information Commissioner's Office.
Under the Privacy Shield Framework, Toudays and Toudays Payments are subject to the authority of the Federal Trade Commission. If you have any questions or concerns relating to our Privacy Shield certification, contact us at Toudays, Inc., Legal Department, 888 Brannan Street, San Francisco, CA 94103 or via email. If we are not able to resolve your concern, you may also contact your European Data Protection Authority or Commission or seek assistance from our designated Privacy Shield independent recourse mechanism, JAMS. In certain circumstances, you may also have the right to pursue binding arbitration through the Privacy Shield Framework, as described in Annex I to the Privacy Shield Principles.
If Toudays is the Data Controller and your information is shared with corporate affiliates or third party service providers outside the EEA, we have - prior to sharing your information with such corporate affiliate or third party service provider – established the necessary means to ensure an adequate level of data protection. This may be an adequacy decision of the European Commission confirming an adequate level of data protection in the respective non-EEA country or an agreement on the basis of the EU Model Clauses (a set of clauses issued by the European Commission). We will provide further information on the means to ensure an adequate level of data protection on request.
Toudays Payments will not share information it collects about you with its affiliates or third parties (both financial and non-financial), except as required or permitted by your state’s law.
California law permits Members who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those third parties. See the “Contact” section for where to send such requests. Toudays and Toudays Payments do not share personal information with third parties for their own direct marketing purposes without your prior consent. Accordingly, you can prevent disclosure of your personal information to third parties for their direct marketing purposes by withholding consent.
We are continuously implementing and updating administrative, technical, and physical security measures to help protect your information against unauthorized access, loss, destruction, or alteration. Some of the safeguards we use to protect your information are firewalls and data encryption, and information access controls. If you know or have reason to believe that your Toudays Account credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Toudays Account, please contact us following the instructions in the Contact Us section below.