Recday

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RECDAY PRIVACY POLICY

Updated and Effective: February 4, 2024

This Privacy Policy ("Policy") applies to recday.com and any RecDay mobile applications (together, the "Platform"). This Policy describes how RecDay collects, uses, and discloses the personal information of individuals accessing the Platform ("Users"). It also describes a User's choices regarding use, access and correction of their personal information.

Please review RecDay's Terms of Service, which also govern Platform use. The Terms of Service may define terms used in this Policy. In addition, RecDay may post additional terms or policies that apply to Platform use or a specific Platform feature's use. By accessing the Platform, Users consent to RecDay's Policy, Terms of Use and any additional terms, policies, rules, guidelines, and standards.

1. What Information Does the Platform Collect?

RecDay may collect a User's information directly, automatically when they visit the Platform, and from third parties. Some of this information may be considered "personal information" or "personal data" under various applicable laws. RecDay considers information that identifies Users as a specific, identified individual (e.g. name, phone number, and email address), to be personal information. Where required by applicable law, RecDay will also treat additional information, including IP addresses and cookie identifiers, as "personal information." Users acknowledge RecDay may de-identify personal information so that it is non-personal, such as aggregating or converting it to a code, sometimes using a function commonly known as "hash." RecDay will treat de-identified information as non-personal to the fullest extent allowed by applicable law. If RecDay combines non-personal information with personal information, then RecDay will treat the combined information as personal information under this Policy.

Information Users Directly Provide

RecDay collects Users' personal information when they create an Account, a Listing, or a Booking. When creating a Booking, a User may provide their billing information such as credit card number and billing address. Some features may allow a User to view, create, reproduce, submit, display, perform, and/or share content, which includes images, written posts (e.g. reviews), comments, and other forms of multimedia (collectively, "User Content"). Users may also choose to provide RecDay names, or other contact information, with directives for RecDay to communicate with other individuals (e.g. for referrals). If a User sends someone a communication from the Platform, the information they provide (e.g. names, email addresses, etc.) is used to facilitate the communication and is not used for any other marketing purposes, unless RecDay obtains consent from that individual. If a User discloses any personal information relating to other people to RecDay, the User represents they have the authority to do so and to permit RecDay to use the information in accordance with this Policy.

Platform Chat Functionality

RecDay can record, use, and retain User communications created via Platform chat functionality. The data Users provide during a chat session can be used to assist Users, provide customer support, improve RecDay products and services, and for marketing purposes. If a User does not consent to such use, they should not use Platform chat functionality.

Information the Platform Collects Automatically During Platform Access and Use

RecDay and our third-party business partners (including third-party analytics, advertising and other business providers) may use a variety of technologies, including cookies and web tags, that automatically or passively collect information whenever Users access or interact with the Platform ("Usage Information"). Users can control the use of cookies at the individual browser level, but if they choose to disable cookies, it may limit the functionality of certain Platform features. Usage Information may include the hardware model, browser, and operating system used, the URL or advertisement that referred a User to the Platform, the search terms entered into a search engine that led a User to the Platform, and all areas of the Platform using time zone, location information (e.g. GPS-based functionality on mobile devices used to access the Platform), and mobile network (if applicable). RecDay may use Usage Information for a variety of purposes, including enhancing or otherwise improving the Platform. In addition, RecDay may automatically collect IP addresses or other unique identifiers ("Device Identifier") for any computer, mobile phone, or other device used to access the Platform. A Device Identifier is a number that is automatically assigned to a device used to access the Platform.

Location Data

RecDay may directly collect specific location information from a device if a User has opted into such collection. Users may be able to turn off the collection of location information through their device settings. However, please note that RecDay may still be able to collect or infer approximate location through other information, such as IP address. In addition, some mobile service providers may also provide RecDay, or our third-party service providers or business partners, with information regarding the physical location of devices used to access the Platform.

RecDay may use the following methods to collect Usage Information:

Cookies and Local Storage

"Cookies" are small text files stored locally on a device; they are used when a User visits the Platform or otherwise accesses RecDay Content. RecDay, or our third-party providers, may use cookies for many purposes, such as automatically collecting Usage Information, enabling features, remembering User preferences, and sending SMS reminders based on User activity and/or browser/cart abandonment (e.g., information and alerts based on the Listings viewed). If Users do not want to accept cookies, they can block them by adjusting the settings on their browser. Users can find more information about cookies and how they work at www.allaboutcookies.org.

Certain browsers or browser add-ons may provide additional local data storage mechanisms that are used in a manner similar to cookies, and some of the content included on the Platform may use this local storage. If Users choose to disable cookies, or otherwise restrict local storage, some Platform features may not function properly.

Web Tags

Small graphic images or other web programming code called web beacons (also known as "1x1 GIFs" or "clear GIFs" or "pixels" or "tags") may be included in RecDay web pages and email messages. Web tags may be invisible to Users, but any electronic image or other web programming code inserted into a webpage or email can act as a web tag. RecDay, and our third-party providers, may use web tags or similar technologies including, without limitation, to count Platform visitors, to monitor how Users navigate the Platform, to count email opens, to count link views, or for marketing and targeted advertising purposes.

Embedded Scripts

An embedded script is programming code that is designed to collect information about User interactions with the Platform, such as clicked links. The code is temporarily downloaded onto a User's device from the Platform or a third-party service provider, is active only while a User is connected to the Platform and is deactivated or deleted thereafter.

Session Replay Technology

RecDay may record User interactions with the Platform, such as page visits, page view duration, link clicks, and data provided. RecDay uses this data for internal business purposes, such as website analytics, Platform and service improvement, and issue resolution.

In addition, RecDay may use a variety of other technologies that collect similar information for security, fraud detection, site functionality and operational purposes.

Information the Platform Collects from Third Parties

RecDay may receive information about Users from third parties, for example, if someone submits information about a Host after booking, or if RecDay receives information from others (such as public databases, including those containing records about court and other legal proceedings, and publicly available social media pages).

RecDay may also receive information about Users from business partners (including companies that assist RecDay with online advertising and analytics), data providers, sources of publicly available information, and other Platform Users (e.g. via referral programs). RecDay may combine information received about Users from various sources to better understand a User's interests and preferences and better market RecDay's products and services.

In situations where RecDay combines information received from third parties with existing RecDay information, RecDay will apply this Policy to the combined information. The information collected and stored by a third party is subject solely to the third party's privacy practices.

Social Media and Other Third-Party Platforms

RecDay may permit Users to interact with social media and other third-party platforms, including Apple, Alphabet (e.g. Google), Meta (e.g. Facebook), TikTok, and Pinterest. When Users interact with third-party platforms through the Platform, RecDay will receive information about the User. RecDay may also receive information about a User if other users of social media give RecDay access to their profiles and the User is one of their connections or "friends." The information we collect is subject to this Policy. The information collected and stored by the third party remains subject to the third party's privacy practices, including, without limitation, whether the third party continues to share information with RecDay, the types of information shared, and User choices with regard to what is visible to others on that third-party platform. RecDay or the third-party platform may allow Users to disable or remove access to a User's shared information, in which case RecDay will no longer collect information about the User through the third-party platform, but may retain the information previously collected.

If a User chooses to post information to a third-party platform, that information may be public and the third party may have access to User information. Users may also choose to connect a third-party service with RecDay. Doing so may allow RecDay to collect (or the third party to share) information about that User, including personal information, and the third party may allow RecDay to re-post content related to RecDay on our Platform.

In addition, third parties may set their own cookies and collect information about a User's RecDay usage, including IP address or other device identifiers, and page visits on the Platform. Certain third-party platforms may be able to collect information about a User's Platform visits regardless of whether they affirmatively interact with the third-party feature or are logged into (or have) an account. RecDay encourages Users to review the privacy policies of third parties that control platforms they post to or that connect to RecDay and set their privacy preferences with those third parties.

2. How Does the Platform Use the Information it Collects?

RecDay may use non-personal information for any purpose, including for advertising, research, and marketing purposes. RecDay may also use information collected from or about Users, including personal information and Usage Information, to:

  • enable Platform access and use, including email validation;
  • verify account information, including phone number validation;
  • connect and communicate with other Users;
  • facilitate Bookings, such as sending Guests and Hosts contact information for communication;
  • communicate with Users, including but not limited to, responding to User questions, complaints, and comments;
  • collect User feedback and send important notices and messages about the Platform, marketing, advertising, and promotions;
  • contact Users about administrative matters, such as changes to this Policy, RecDay's Terms of Service, or other terms, policies, rules, guidelines, and standards;
  • improve the Platform and comply with legal requirements;
  • send Users order confirmations, process payments, or communicate with Users about an order;
  • tailor and target content, advertisements and offers;
  • review, scan, or analyze User communications with other Users for fraud prevention, risk assessment, regulatory compliance, investigation, product development, research, and customer support;
  • operate and protect the Platform from errors, misuse, fraud, criminal activity, and other illegal activities or activities that violate RecDay's Terms of Service or other terms, policies, rules, guidelines, and standards;
  • detect and troubleshoot problems, resolve disputes, and enforce applicable agreements and policies; and
  • as otherwise disclosed in this Policy, for other reasons that RecDay discloses when a User provides information, or otherwise with User consent.

3. Under What Circumstances does the Platform Share or Disclose Information?

RecDay may share non-personal information, such as aggregate user statistics, hashed or otherwise de-identified information, and Usage Information, with third parties, including for targeted advertising purposes. RecDay does not share Users' personal information with unaffiliated third parties for those third parties' own direct marketing purposes unless a User consents (opts in or opts out) to such sharing. California residents, please see the Notice to California Residents section below. RecDay may also share personal information as disclosed when a User provides it, with consent, as described elsewhere in this Policy, and in the circumstances described below:

Publicly Posted Content

Information that Users provide to create a profile and Listing(s) may be visible to the general public and as such, the general public could use it for marketing purposes. Listings may include information such as the city, neighborhood, and approximate geographic location displayed on a map of where the space (e.g. golf simulator) is located.

Such publicly posted content may appear as search results on search engines by default. Please be aware that RecDay does not control the practices of third-party search engines and as a result, User information may continue to be visible as a search result.

With Other Users

RecDay does not share User contact information with other Users without consent. As a prospective Guest, if a User agrees to be contacted by a Host before their request for a booking has been accepted, and the Host decides to contact the prospective guest, RecDay will act as an intermediary and connect the prospective Guest with the Host. If a Booking is confirmed, the contact information for the relevant Guest(s) and Host(s) will become visible to each other, and either party may contact one another directly.

Otherwise at a User's Request or with Consent

RecDay may share information when a User requests, and in connection with responding to or facilitating any request by User.

Subsidiaries and Affiliates

RecDay may share User information with our affiliates and subsidiaries for internal business, analytical, operational, and direct marketing purposes.

Service Providers

RecDay uses third-party service providers to provide Platform functionality and services on a User's behalf, such as payment processing and sending marketing communications. RecDay gives these third parties access to Users' personal information (or allows collection of such information) so that they can provide these services.

Business, Tax, and Legal Purposes

RecDay may, without notice to Users, store, transfer and disclose data to a tax authority relating to transactions, Bookings, accommodations, and Taxes including but not limited to, personal information, Listings, transaction dates and amounts, tax identification numbers, amount of taxes received by hosts from guests or allegedly due, contact information, and other similar information.

To the extent permitted by law, RecDay may transfer and disclose User personal information to third parties to:

  • protect Platform integrity,
  • enforce or protect RecDay's Terms of Service, additional terms, policies, rules, guidelines, and standards; RecDay's rights, property, or security; or any User's or third party's rights, property, safety, and security;
  • prevent fraud; and
  • protect the health and safety of RecDay Users or the general public.

In other cases, unless otherwise required by law, RecDay will only reveal User information to federal, state, or local agencies ("Government") in the event the Government issues a subpoena, court order, or other binding Government request ("Request"). RecDay will respond to such lawfully authorized, properly served Requests, to the extent required by applicable law. Mailings for Requests should be sent to: RecDay, LLC., Attn: Legal Department, 5576 Jay Rd, Boulder CO 80301. For faster processing and response times, Requests should additionally be sent to legal@recday.com.

Business Transfers and Transitions

RecDay may, in evaluating or engaging in a sale of assets, bankruptcy, merger, or other corporate transaction (including, without limitation, during the course of any due diligence process), transfer or assign User personal information. In such circumstances, Users agree RecDay may transfer or assign User personal information without User consent.

Sweepstakes, Contests, and Promotions

RecDay may offer sweepstakes, contests, or other promotions (any of which, a "Promotion") that may require registration. By participating in a Promotion, Users agree to the provisions, conditions, or official rules that govern the Promotion, which may contain specific requirements (including, except where prohibited by law, allowing the Promotion sponsors(s) to use a User's name, voice, likeness, or other indicia of persona in advertising or marketing materials). If Users choose to enter a Promotion, personal information may be disclosed to third parties or the public in connection with the administration of such Promotion, including in connection with winner selection, prize fulfillment, as required by law, or as permitted by the Promotion's terms or official rules.

Employment Applications

RecDay job applicants may be asked to provide self-identifying information such as their veteran status, gender, and ethnicity in conjunction with laws and regulations enforced by the Equal Employment Opportunity Commission and other federal, state, and local regulatory agencies. Providing such self-identifying information is voluntary, but if the applicant does provide such information, RecDay and/or our service providers may submit that information to the appropriate government or regulatory agencies to fulfill reporting requirements and use that information to defend against employment-related complaints. Please note RecDay may utilize a third-party careers portal, in which case an applicant's use of such a portal will be subject to the third party's privacy practices.

4. Third-Party Advertising and Analytics Providers and Similar Third Parties

RecDay works with network advertisers, ad agencies, analytics providers, social media companies, and other advertising partners to serve RecDay ads online and to provide RecDay with information regarding use of RecDay's Platform and advertising effectiveness. These third parties may set and access their own tracking technologies on a User's device (including cookies and tags), and they may otherwise collect or have access to certain information about a User's activity on the Platform. Some of these parties may collect personal information over time when a User visits and/or accesses the Platform or other online websites and services. RecDay may share information, typically information that has been aggregated or de-identified, Usage Information, and location information with third-party advertising companies, analytics providers, and other third parties for the purpose of advertising and serving Users more relevant ads off Platform.

RecDay uses a variety of third parties to perform advertising and analytics services, and some of these companies may be members of the Network Advertising Initiative ("NAI") or Digital Advertising Alliance ("DAA"). Users may wish to visit:

  • https://optout.networkadvertising.org, which provides information regarding targeted advertising and the opt-out procedures of NAI members, including opt out mechanisms for web browsers, mobile and other connected devices, and a tool to opt out from participating NAI members using hashed email address for interest-based advertising.
  • https://optout.aboutads.info/, which provides information regarding targeted advertising and offers an opt-out for DAA-participating companies.

Mobile devices may contain settings that allow Users to disable tracking advertising and/or analytics. In addition, the digital advertising industry has provided the ability for mobile users to register their intent not to receive targeted advertising at http://www.aboutads.info/appchoices.

One of the third-party tools RecDay uses is Google Analytics, which uses cookies and other technologies to collect and analyze information about Platform use. This service may also collect information regarding a User's use of other websites, apps, and online resources. For information about opting out from Google, visit: https://support.google.com/ads/answer/2662922 and to download the Google Analytics opt-out browser add-on from Google, visit: https://tools.google.com/dlpage/gaoptout.

Please note that opting out through these mechanisms does not opt a User out of being served advertising and they will continue to receive generic ads while online

5. Third-Party Content and Links

This Policy does not apply to the practices of third parties that RecDay does not own or control, including, but not limited to, any third-party websites and services (and the information or content contained therein) ("Third-Party Services") that may be linked to or from RecDay and/or that Users elect to access through the Platform. When Users navigate away from the Platform to another site, this Policy is no longer in effect. Those Third-Party Services may use their own cookies or other tracking technologies, may independently collect information from Users or about Users, and match User data with data from other sources and use data in ways other than described in this Policy. Use of any Third-Party Services is subject to such Third-Party Services' own rules and policies, which RecDay encourages Users to review.

6. General Audience Platform

The Platform is not intended for individuals younger than the age of twenty-one (21), and RecDay requests that these individuals do not provide personal information through the Platform. RecDay does not knowingly collect information from individuals younger than twenty-one (21).

7. How the Platform Handles Data Security

RecDay uses commercially reasonable security measures to protect against loss, misuse and alteration of personal information under RecDay's control. However, no system can be 100% secure. While RecDay strives to safeguard personal information, RecDay cannot guarantee or warrant the security of any information disclosed or transmitted to RecDay, or that RecDay transmits to Users, or guarantee that it will be free from unauthorized access by third parties. Users use the Platform and provide RecDay with information at their own initiative and risk.

8. User Choices about Information the Platform Collects

RecDay may provide Users with the option to view and update information through the profile section of their Account. In addition, Users may opt-out of marketing communications as set forth below.

Email

Users may unsubscribe from marketing emails by following the instructions provided with the marketing communication. However, RecDay reserves the right to send Users certain email communications relating to their use of our Platform, notices of changes to this Policy or other terms policies, rules, guidelines, and standards, or similar administrative and transactional messages.

Text Messages

If Users sign up to receive SMS or MMS or RCS messages from RecDay, they may unsubscribe by replying "STOP".

Push Notifications

RecDay may send promotional and non-promotional push notifications or alerts to a User's mobile device and, in some cases, may do so based on a device's location or physical proximity to a beacon. Users can elect to stop receiving those messages at any time by changing the notification settings on their mobile device.

Other Privacy Rights

Canadian residents, please see the Additional Information for Canadian Residents section below. California residents, please see the Notice to California Residents section below. Nevada residents, please see RecDay's Notice to Nevada Residents section below.

Account Deletion

Users may contact customer support to request account deactivation. When a Host deletes their Account, their Listing(s) will also be deactivated.

9. Consent to International Transfer of User Information

RecDay is based in the United States, so if a User is located outside of the United States, please be aware that the information RecDay collects will be transferred to, and stored at, a destination outside of such User's country. By using the Platform or providing RecDay with any information, Users fully understand and unambiguously consent to this transfer to, and processing, usage, sharing, and storage of User information in the United States and other jurisdictions, which may have different or less protective privacy laws than those in the User's home country. As a result, this information may be subject to access requests from governments, courts, or law enforcement in the United States and other countries according to the laws in those jurisdictions. User information will also be disclosed to third parties as described in the Under What Circumstances Does The Platform Share Or Disclose Information? section above.

10. Changes to this Privacy Policy

To the extent allowed by applicable law, RecDay reserves the right to change this Policy at any time without prior notice. RecDay suggests Users review the policy from time to time. If RecDay makes changes to this Policy, RecDay will revise the "Last Updated" date at the top of this policy. RecDay may also provide notice to Users in other ways, such as through User-provided contact information, and provide Users with the ability to opt in or opt out of the changes as required by law. Use of the Platform following such changes constitutes acceptance of the revised Policy.

11. Contact Us

If Users have any questions, comments, or concerns regarding this Policy and/or RecDay's practices, please contact RecDay via the Help Center, or by sending mail to the following address:

 RecDay, LLC.
 5576 Jay Rd
 Boulder, CO 80301

12. Additional Information for Canadian Residents

RecDay makes reasonable efforts to notify Users of the purposes for which personal information will be used or disclosed and if the initial purpose changes. Please note that Users may withdraw consent at any time subject to legal or contractual restrictions and reasonable notice. Subject to certain limits set out in the applicable laws, Canadian residents have the right to request access to their personal information that RecDay collects and to update or correct their personal information if it is inaccurate.

If a User is a Canadian resident and would like to submit a request to access their personal information or to withdraw their consent to RecDay's processing of their personal data, the User must submit a request by contacting RecDay through the Help Center. The User may also use this process to request information about RecDay's privacy practices or to submit a complaint regarding RecDay's practices.

A Canadian resident User's request or complaint must include their full name, street address, city, province, postal code, and an email address so that RecDay is able to contact the User regarding the request or complaint.

RecDay cannot properly process requests or complaints that do not come through the above-mentioned designated request mechanism or do not contain sufficient information to allow RecDay to process such requests or complaints. RecDay may require Canadian resident Users to take reasonable steps to verify their identity and/or the authenticity of the request or complaint. Once a Canadian resident User's request or complaint is processed, absent exemptions, RecDay will provide them with details regarding what personal information RecDay has, how it is used, and the third parties with which it was shared.

Canadian residents may have additional rights under Canadian law, including the Personal Information Protection and Electronic Documents Act (PIPEDA) and successor legislation. Please see the website of the office of the Privacy Commissioner of Canada (www.priv.gc.ca) for further information.

Canadian residents also may learn more about interest-based advertisements from participating third parties in Canada at the Canadian DAA choice page at https://youradchoices.ca/choices.

Canadian resident Users and RecDay confirm that it is the parties' wish that this Policy, the Terms of Use, and all other related terms, policies, rules, guidelines, and standards be drawn up in English. Vous reconnaissez avoir exigé la rédaction en anglais du présent document ainsi que tous les documents qui s'y rattachent.

13. Notice to California Residents

As noted above, RecDay will not share personal information about Users with third parties for their own direct marketing purposes without first offering the Users a choice (opt-in or opt-out). Because of this option, RecDay complies with the Shine the Light Act, California Civil Code Section 1798.83.

If a User is a California resident and has questions about RecDay's practices regarding sharing personal information with third parties for direct marketing purposes, or a User's ability to exercise choice, please send a request via email to legal@recday.com or write to us at the following mailing address: RecDay, LLC, Attn: CA Privacy Rights, 5576 Jay Rd, Boulder CO 80301. Users must put the statement "California Privacy Rights" in the subject field of their email or include it in their writing. Users must include their name, street address, city, state, and zip code. RecDay is not responsible for notices that are not labeled or sent properly, or do not have complete information.

How RecDay Responds to "Do Not Track" Signals

Browser settings may allow a visitor to automatically transmit a "Do Not Track" signal to websites and online services. There is no consensus among industry participants as to what "Do Not Track" means in this context. Like many websites and online services, RecDay does not alter its practices when it receives a "Do Not Track" signal from a visitor's browser except as specifically required by law. To find out more about "Do Not Track" please visit http://www.allaboutdnt.com.

14. Notice to Nevada Residents

The Nevada Privacy of Information Collected on the Internet from Consumers Act ("NPICICA") provides consumers with the ability to opt out of the sale of their personal information. RecDay does not sell Users' personal information as defined in the NPICICA. However, a User may still submit an opt-out request, and if RecDay's practices change in the future, RecDay would honor the request. If a User is a Nevada resident and would like to opt out of the sale of covered information, a request must be submitted to RecDay through the Help Center. A User's request must include their full name, street address, city, state, zip code, and a valid email address so RecDay can contact the user if needed. RecDay may require Users to take reasonable steps from time to time to verify the User's identity and/or the authenticity of the User's request.