KEYS, LLC (hereinafter referred to as “KEYS, LLC”, “we”, “us” or “our”) operates a platform and community marketplace that helps people form offline experiences and relationships directly with one another, where they can create, list, discover and book unique accommodations around the world, whether through our websites (Keys.me and AsiaRoom.com) or our mobile applications (“Platform”).
“Affiliates” means companies related by common ownership or control. They can be financial and non-financial companies.
“Aggregated Information” means information about all of our users or specific groups or categories of users that we combine together so that it no longer identifies or references an individual user.
“Data Controller” means KEYS, LLC, the company responsible for the use and processing of Personal Information.
“Third Parties” means companies or persons not related by common ownership or control (i.e. non-affiliates) or other unrelated individuals. Third Parties can be financial and non-financial companies, or persons other than you and KEYS, LLC.
“Personal Information” means information (which may include sensitive information) relating to a living individual who is or can be identified either from that information or from that information in conjunction with other information that is in, or is likely to come into, the possession of the Data Controller.
3. WHAT TYPES OF INFORMATION DOES KEYS, LLC GATHER ABOUT ITS USERS?
A. Information that you give us
We receive, store and process information, including Personal Information, that you make available to us when accessing or using our Platform and Services. Examples include when you:
B. Information we get from your use of our Platform
- fill in any form on the Platform, such as when you register or update the details of your user account, or when you supply ID and other verification information;
- access or use the Platform, such as to search for or post Accommodations, make or accept bookings, pay for Accommodations, book or pay for any associated services that may be available (such as but not limited to cleaning), post comments or reviews, or communicate with other users;
- link your account on a Third-Party site (e.g. Facebook) to your KEYS, LLC Account, in which case we will obtain the Personal Information that you have provided to the Third-Party site, to the extent allowed by your settings with the Third-Party site and authorized by you;
- communicate with KEYS, LLC;
- and share information with another Member.
We also receive, store and process information, possibly including Personal Information, when you access or use our Platform and Services, including but not limited to:
When you use certain features of the Platform, in particular our mobile applications we may receive, store and process different types of information about your location, including general information (e.g. IP address, zip code) and more specific information (e.g. GPS-based functionality on mobile devices used to access the Platform or specific features of the platform). If you access the Platform through a mobile device and you do not want your device to provide us with location-tracking information, you can disable the GPS or other location-tracking functions on your device, provided your device allows you to do this. See your device manufacturer’s instructions for further details.
You may use your contact information, such as your email address, phone number or WeChat account ID to create or customize your account or to enable certain account features, for example, for login verification. If you provide us with your email address, phone number or WeChat account ID, you agree to receive emails to that email address, text messages to that phone number or messages to that WeChat account, as the case may be. We may use your contact information to send you information about our Platform and Services, to market to you, and to help prevent spam, fraud, or abuse.
- Log Data
We may also receive, store and process Log Data, which is information that is automatically recorded by our servers whenever you access or use the Platform, regardless of whether you are registered with KEYS, LLC or logged in to your KEYS, LLC Account, such as your IP Address, the date and time you access or use the Platform, the hardware and software you are using, referring and exit pages and URLs, the number of clicks, device event information, pages viewed and the order of those pages, and the amount of time spent on particular pages.
Cookies and other Tracking Technologies
While you may disable the usage of cookies through your browser settings, we do not change our practices in response to a “Do Not Track” signal in the HTTP header from your browser or mobile application. We track your activities if you click on advertisements for KEYS, LLC services on Third-Party platforms such as search engines and social networks, and may use analytics to track what you do in response to those advertisements.
Platform and/or Third-Party websites may offer you a way to prevent such targeted advertisements by opting-out at the websites of industry groups such as the Network Advertising Initiative and/or the Digital Advertising Alliance You may also be able to control advertising cookies provided by publishers, for example Google’s Ad Preference Manager. Please note that even if you choose to opt-out of receiving targeted advertising, you may still receive advertising on or about the Platform – it just will not be tailored to your interests.
In addition, if you disable cookies, you may lose some of the features and functionality of using our Platform, Application and Services, as cookies are necessary to track and enhance your use and access.
Third-Party social plugins
Our Platform may use social plugins which are provided and operated by Third-Parties, such as Facebook’s Like Button.
As a result of this, you may send to the Third-Party the information that you are viewing on a certain part of our Platform. If you are not logged into your account with the Third-Party, then the Third Party may not know your identity. If you are logged into your account with the Third Party, then the Third Party may be able to link information about your visit to our Platform to your account with them. Similarly, your interactions with the social plugin may be recorded by the Third Party.
4. HOW KEYS, LLC USES AND PROCESSES THE INFORMATION THAT YOU PROVIDE OR MAKE AVAILABLE
A. We use, store and process information about you for the following general purposes:
to enable you to access and use the Platform;
to enable you to communicate with other Members, including but not limited to by sending them messages or other information during the Booking process;
to operate, protect, improve and optimize the Platform, KEYS, LLC’s business, and our users’ experience, such as to perform analytics, conduct research, personalize or otherwise customize your experience, and to provide customer service;
to help create and maintain a trusted and safer environment on the Platform and Services, such as detection and prevention of actual and potential fraud and other harmful activity, conducting investigations and risk assessments, enforcing our Terms and policies, verifying the address of your listings, verifying any identifications provided by you (including by comparing the photo on that identification to another photo you provide to us), and conducting checks against databases and information sources (such as but not limited to public government databases) for fraud detection and prevention, risk assessment and harm prevention purposes. In this regard, we may do any or all of the foregoing with or without further notifying you;
to send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you;
to send you marketing, advertising, and promotional messages and other information that may be of interest to you, including information about KEYS, LLC, our services, or general promotions for partner campaigns and services. You can unsubscribe or opt-out from receiving these communications in your settings (in the “Account” section) when you login to your KEYS, LLC Account;
if a Guest has an employment or consulting relationship with a company or other organization that participates in the KEYS, LLC Business Travel Program, and that Guest has linked their KEYS, LLC Account to that organization, to administer the KEYS, LLC Business Travel Program;
to administer referral programs, rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored or managed by KEYS, LLC or our Third Party business partners;
and to comply with our legal obligations, resolve any disputes that we may have with any of our users, and enforce our agreements with Third Parties.
B. How KEYS, LLC Uses and Processes User Communications
We may, either directly or through Third-Parties we engage to provide services to us, review, scan, or analyze your communications with other users exchanged via
the 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, the Platform may scan and analyze messages and attachments to mask contact information and references to other websites. This helps to prevent fraudulent actors from asking Guests to send them money outside of the Platform, such as by bank transfer or other money transfer methods. We may also scan, review or analyze messages for research and product development purposes to help make search, booking and user communications more
efficient and effective, as well as to debug, improve and expand product offerings. We will not review, scan, or analyze your communications for sending Third-Party marketing messages to you. We will also not sell these reviews or analyses of communications to Third Parties. We will also use automated methods to carry out these reviews or analyses where reasonably possible. However, from time to time we may have to manually review some communications. By using the Platform, you consent that KEYS, LLC, in its sole discretion, may, either directly or through Third-Parties we engage to provide services to us, review, scan, analyze, and store your communications, whether done manually or through automated means.
5. WHEN KEYS, LLC DISCLOSES OR SHARES YOUR PERSONAL INFORMATION, AND TO WHOM
We may transfer, store, use and process your information, including any Personal Information, to countries outside of the European Economic Area (“EEA”) including the United States and possibly other countries. By using the Platform, you consent to transferring your data to these countries. Please note that laws vary from jurisdiction to jurisdiction, and so laws and regulations relating to privacy and data disclosure, applicable to the places where your information is transferred to or stored, used or processed in, may be different from the laws and regulations applicable to the place where you are resident.
Your Personal Information may be transferred, stored, used, processed and disclosed as follows:
- Parts of your public profile page that contain some Personal Information may be displayed in other parts of the Platform to other users for marketing purposes or if you post content in a community forum or other features on the Platform that are visible to the general public.
- Your public Listing page will always include some minimum information such as the city and neighborhood where the Accommodation is located, your listing description, your calendar availability, your public profile photo, your responsiveness in replying to Guests’ queries, and any additional information you share with other Members. Your public Listing page may also include aggregated demand information (such as number of page views over a period of time). Parts of your public Listing page may be displayed in other parts of the Platform to other Members and/or Third Party platforms for marketing purposes. The Platform may also display the Accommodation’s approximate geographic location on a map, such that a user can see the general area of the Accommodation.
- The Platform allows your public profile and public Listing pages to be included in search engines, in which case your public profile and public Listing pages will be indexed by search engines and may be published as search results. This option is enabled by default, and you may opt out of this feature by changing your settings on the Platform. If you change your settings or the information on your public profile or public Listing pages, Third-Party search engines may not update their databases quickly or at all. We do not control the practices of Third-Party search engines, and they may use caches containing outdated information, including any information indexed by the search engine before you change your settings or the information on your public profile or public Listing pages.
- When you submit a request to book an Accommodation, your full name, and the full name of any confirmed Guests staying with you, and other Personal Information you agree to pass through to the Host(s) will become visible to the Host(s) of any Listing you Book or request to Book. We may also disclose parts of your public profile; your public Wish List; other Member reviews of you; and any additional information you share with other Members. In addition, if you agree to be contacted by the Host(s) by phone before your request to Book is accepted, and the Host(s) decides to do so, KEYS, LLC will call your phone number first, before connecting you with the Host(s). We will not share your phone number unless there is a confirmed booking; if there is a confirmed booking, your phone number will become visible to the Host(s)/Guest, who may call you directly.
- When your request to book an Accommodation is accepted by the Host(s) or when a Guest books your Accommodation, we will disclose some of your Personal Information to the Host(s) and any confirmed Guest(s). However, your billing and payout information will never be shared with another user.
- If a Guest books an Accommodation for a business trip, and the Guest is engaged or employed by a company or other organization (either or both a “Guest Affiliated Organization”) that is enrolled in our Business Travel Program, we may disclose the name of the Host and the address and other Accommodation information to the Guest Affiliated Organization. If the Guest or the Guest Affiliated Organization uses any Third Party for travel management, financial reporting and/or travel related crisis management services (collectively, “Business Travel Services”), we may also share Host and Accommodation information with those Third Parties and any service providers of those Third Parties who participate in providing such Business Travel Services.
- When a Host accepts your request to book an Accommodation, the Host may elect to use Third-Party services available through the KEYS, LLC platform to assist with managing the Accommodation, such as cleaning services and lock providers. The Host may use features on the KEYS, LLC platform to share information about the Guest with that Third-Party service provider for the purposes of coordinating the stay or managing the Accommodation, including check-in and check-out dates, Guest name, Guest’s phone number, and the Guest’s anonymized email address.
- If you as a Guest are associated with a Guest Affiliated Organization, we may share with it information related to your bookings through the Business Travel Program. Further, if you have linked your KEYS, LLC Account to a Guest Affiliated Organization and indicate that a booking is for business purposes, we may disclose your booking information (which may include your Personal Information) to such organization. Typically, this information will include your name, dates of the booking, number of guests, cost of the booking, and the address of the booking. In addition, if your Guest Affiliated Organization has requested that we provide it with information in the event of a dispute, emergency or similar situation involving your bookings through the Business Travel Program,
we may notify such organization of the situation and disclose to it any information, including your Personal Information, that we believe in good faith is necessary to safely and quickly resolve or address the situation. If you or your Guest Affiliated Organization uses a Third Party for travel management, financial reporting, and/or travel related crisis management services, we may also disclose your booking information, or information related to a dispute, emergency or similar situation involving you, to those Third Parties and any service providers of those Third Parties who participate in providing such services.
- When a Guest stays at your Accommodation or when you stay at a Host’s Accommodation, we may ask you to review the Guest, Host, or the Accommodation. If you choose to provide a review, your review may be public on the Platform. Likewise, another Member’s review of you as a Guest or Host may be public on the Platform.
You may link your account on a Third-Party social networking site to your KEYS, LLC Account. We refer to a person’s contacts on these Third-Party sites as “Friends”. When you create this linkage:
- some of the information you provide to us from the linking of your accounts may be published on your KEYS, LLC Account profile;
- your activities on the Platform may be displayed to your Friends on the Platform and/or that Third-Party site;
- a link to your public profile on that Third-Party social networking site may be included in your KEYS, LLC public profile;
- other KEYS, LLC users may be able to see any common Friends that you may have with them, or that you are a Friend of their Friend if applicable;
- other KEYS, LLC users may be able to see any schools, hometowns or other groups you have in common with them as listed on your linked social networking site(s);
- the information you provide to us from the linking of your accounts may be stored, processed and transmitted for fraud prevention and risk assessment purposes;
- and the publication and display of information that you provide to KEYS, LLC through this linkage is subject to your settings and authorizations on the Platform and the Third-Party site.
- We may distribute parts of the Platform (including your Listing) for display on sites operated by KEYS, LLC’s business partners and affiliates, using technologies such as HTML widgets. If and when your Listings are displayed on a partner’s site, information from your public profile page may also be displayed.
- We may also engage Third Parties, who may be located outside of the EEA, to provide services to us, including but not limited to technology services and services to help verify your identification, to help match the photo on your ID to other photos of yourself you send to us, to conduct checks against databases such as but not limited to public government databases (where legally allowed), to otherwise assist us with fraud prevention and risk assessment, to assist us with customer service, to serve targeted ads, and to facilitate the payments or reimbursements you request (such as Concur and American Express). We may provide Personal Information about you to these Third Parties, or give them access to this Personal Information, for the limited purpose of allowing them to provide these services. For example, if we hire Third Parties, where permitted by applicable law, to conduct checks against databases such as but not limited to public government databases, we may provide your Personal Information, such as your full name and date of birth, to the Third Parties for the limited purpose of allowing them to conduct such checks, including background or registered sex offender checks, on our behalf. We will ensure that such Third Parties have contractual obligations to protect this Personal Information and to not use it for unrelated purposes.
- For any jurisdiction in which we facilitate the Collection and Remittance of Taxes or Opt-in for Host Remittance of Taxes as described in the “Taxes” section of the Terms of Service, Hosts and Guests expressly grant us permission, without further notice, to store, transfer and disclose data and other information relating to them or to their transactions, bookings, Accommodations and Occupancy Taxes, including, but not limited to, personally identifiable information such as Host or Guest’s name, listing addresses, transaction dates and amounts, tax identification number(s), the amount of taxes received by Hosts from Guests, or allegedly due, contact information and similar information, to the relevant Tax Authority.
We will use commercially reasonable efforts to notify users about law enforcement requests for their data unless:
In instances where KEYS, LLC complies with legal requests for user data without notice to the user for the reasons described above, KEYS, LLC will use commercially reasonable efforts to notify that user about the request after the fact if we determine in good faith that we are no longer legally prohibited from doing so and that no Risk Scenarios apply.
- providing notice is prohibited by the legal process itself, by court order we receive, or by applicable law;
- or we believe that providing notice would (a) be futile, (b) be ineffective, or (c) would create a risk of injury or bodily harm to an individual or group, or (d) create or increase a risk of fraud upon KEYS, LLC’s property, its Members, the Platform, Application, or Services (collectively, “Risk Scenarios”).
- We may also publish, disclose and use Aggregated Information and non-personal information for industry and market analysis, demographic profiling, marketing and advertising, and other business purposes.
6. STATE PRIVACY LAWS
For California & Vermont residents: KEYS, LLC Payments will not share information it collects about you with Affiliates or Third Parties, except as required or permitted by your state’s law.
7. BUSINESS TRANSFERS BY KEYS, LLC
8. HOW TO ACCESS, CHANGE OR DELETE YOUR INFORMATION, OR CANCEL YOUR KEYS, LLC ACCOUNT
You may review, update, correct or delete the Personal Information in your KEYS, LLC Account. If you would like to correct your information or cancel your KEYS, LLC Account entirely, you can do so by logging in to your KEYS, LLC Account. Please also note that any reviews, forum postings and similar materials posted by you may continue to be publicly available on the Platform in association with your first name, even after your KEYS, LLC Account is cancelled.
9. SECURING YOUR PERSONAL INFORMATION
We are continuously implementing and updating administrative, technical, and physical security measures to help protect your Personal Information against unauthorized access, destruction or alteration. However, no method of transmission over the Internet, and no method of storing electronic information, can be 100% secure. So, we cannot guarantee the security of your transmissions to us and of your Personal Information that we store.
10. YOUR PRIVACY WHEN YOU ACCESS THIRD-PARTY WEBSITES AND RESOURCES
11. SPECIAL FEATURES AND PROGRAMS
Referral service and requesting references
The Platform provides a referral service that allows you to invite your friends and contacts to use the Platform. The Platform also allows you to ask your friends and contacts to write a reference for you, to be published on your KEYS, LLC profile.
We may integrate the Platform with third party sites such as Facebook, so that you can send invitation messages or requests for references via the third party site itself. These messages will be sent by the third party site, and KEYS, LLC does not collect or retain the contact information that is used to send them.
You may also send invitation/request emails via the Platform itself, in which case we will ask you for the contact information to which to send your invitation/request. You can type in the email addresses or other contact information manually, or you can choose to import the contacts in your address book(s). In both cases, we may use and store this information for the sole purposes of allowing you to send your friends and contacts an invitation or request for a reference, and for fraud detection and prevention. With respect to referrals, we will also store the email addresses of your invitees to track if your friend joins KEYS, LLC in response to your referral.
If you request us to import your contacts, we will collect, but not store, the username and password for the email account you wish to import your contacts from. We will use this information only for the purpose of importing your contacts.
If you are allowed to join KEYS, LLC’s Affiliate Program and you sign up for it, you will have to provide us with certain Personal Information to enable us to provide the Affiliate Program to you.
The Platform may allow registered account holders to organize, search for or participate in offline events (“Meetups”) in selected cities.
If you organize a Meetup or indicate that you will attend one, this information, together with some of your public information (such as your profile picture and public profile page) and any messages that you post about that Meetup, will be visible to users who browse the event. However, KEYS, LLC will never disclose where you are staying to another meetup user.
14. FOR USERS RESIDING IN THE EU AND JAPAN ONLY: YOUR RIGHTS TO REVIEW AND UPDATE INFORMATION
If you reside in the EU or Japan, you may request in writing copies of your Personal Information held by us. We will provide you with a copy of the Personal Information held by us as soon as practicable and in any event not more than 40 days after receiving a valid request in writing. There may be a charge to access your personal data (which will not exceed €6.35 in Ireland and £10 in the United Kingdom, and will not be applicable in Japan). We may also request proof of identification to verify your access request. All requests should be addressed to our Data Protection Compliance Officer.
We endeavor to keep your information accurate, complete and up to date. If your Personal Information that we hold is inaccurate, please let us know and we will make the necessary amendments, erase or block the relevant information and notify you within 40 days of your valid request that the relevant action has been taken.
You may also request the erasure of your Personal Information if you believe we are otherwise in breach of relevant data protection legislation. All requests should be addressed to our PO Box 92597 Washington, DC 2009. There is no charge for making such a request.
15. FOR USERS RESIDING IN THE EU: YOUR RIGHT TO SEE AND CHALLENGE INFORMATION PROVIDED TO US BY THIRD PARTIES
You are entitled to see and challenge any information that Third Parties may provide to us as part of our fraud detection, prevention and risk assessment efforts in circumstances where all of the following factors apply: (i) if we use Third Parties to carry out automated checks or risk assessments, and (ii) if we make a decision which has legal consequences for you or which significantly affects you, and (iii) if such decision is based solely on such automated checks or risk assessments. In order to request this, please address your request directly to KEYS, LLC address. Please state clearly in your request that you wish to see and/or challenge the information that Third Parties may have provided to KEYS, LLC as part of our fraud detection, prevention and risk assessment efforts. We may request proof of identification to verify your request.
KEYS, LLC is subject to the authority of the Federal Trade Commission and has certified with the Privacy Shield as required by the U.S. Department of Commerce regarding the collection, use, and retention of personal data from the European Union member countries. KEYS, LLC certifies that it adheres to the Privacy Shield principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. Consistent with these principles, where KEYS, LLC uses service providers to process personal data of European Union residents, KEYS, LLC shall remain liable where the agent processes such personal data of European Union residents in a manner inconsistent with the Privacy Shield principles, except where KEYS, LLC establishes that KEYS, LLC is not responsible for the damages caused by the agent. To learn more about the Privacy
Shield program, and to view the list of entities who have current certifications under the Privacy Shield, please visit the U.S. Department of Commerce’s Privacy Shield List.
If you have any questions or complaints about KEYS, LLC’s privacy practices, you may contact KEYS, LLC at KEYS, LLC address, telephone or email contact and we will work with you to resolve your issue. As a resident of the European Union, you may also contact your appropriate European Data Protection Authority with questions or complaints about our privacy practices.
Residents of the European Union who are dissatisfied with the way in which we have addressed your concerns about our privacy practices may seek further assistance from our designated Privacy Shield independent recourse mechanism, JAMS.
Residents of the European Union who have unresolved complaints after: (1) contacting KEYS, LLC to resolve the issue; (2) seeking assistance from our independent recourse mechanism; and (3) contacting the U.S. Department of Commerce (either directly or through a European Data Protection Authority) and giving the Department of Commerce time to attempt to resolve the issue, may elect to arbitrate certain claims. Claims shall be arbitrated free of charge by our arbitration provider, the American Arbitration Association ("AAA"), though each party will be responsible for its own attorney’s fees. Please be advised that, pursuant to the Privacy Shield, the arbitrator(s) may only impose individual-specific, non-monetary, equitable relief necessary
KEYS, LLC uses “cookies” in conjunction with the Platform to obtain information. A cookie is a small data file that is transferred to your device (e.g. your phone or your computer) for record-keeping purposes. For example, a cookie could allow the Platform to recognize your browser, while another could store your preferences and other information.
Your browser may allow you to set how it handles cookies, such as declining all cookies or prompting you to decide whether to accept each cookie. But please note that some parts of the Platform may not work as intended or may not work at all without cookies.
KEYS, LLC cookies and Third Party cookies
We may also allow our business partners to place cookies on your device. For example, we use Google Analytics for web analytics, and so Google may also set cookies on your device. As further explained below, Third Parties may also place cookies on your device for advertising purposes.
There are two types of cookies used on the Platform, namely “persistent cookies” and “session cookies”.
Session cookies will normally expire when you close your browser, while persistent cookies will remain on your device after you close your browser, and can be used again the next time you access the Platform.
The Platform may also use other technologies with similar functionality to cookies, such as web beacons and tracking URLs to obtain Log Data about users. We may also use web beacons and tracking URLs in our messages to you to determine whether you have opened a certain message or accessed a certain link.
Uses for KEYS, LLC cookies
to enable, facilitate and streamline the functioning of the Platform across different webpages, devices and browser sessions.
to simplify your access to and use of the Platform and make it more seamless.
to monitor and analyze the performance, operation and effectiveness of the Platform, so that we can improve and optimize it.
to show you content (which may include advertisements) that is more relevant to you.
for fraud detection and prevention.
Uses for Third-Party cookies
Digital Advertising Alliance. You may also be able to control advertising cookies provided by publishers, for example Google’s Ad Preference Manager. Please note that even if you choose to opt-out of receiving targeted advertising, you may still receive advertising on or about the Platform – it just will not be tailored to your interests.
In addition, Facebook places a cookie via the Platform that allows Facebook to obtain aggregated, non-Personal Information to optimize their services. For example, if a user clicks on an advertisement for the KEYS, LLC mobile app on Facebook and subsequently installs the app, this cookie will inform Facebook that a user (who is not personally identified) has installed the app after clicking on the advertisement. This cookie may also inform Facebook that a user is using the app, without identifying the specific actions taken by the user in the app.
Most browsers automatically accept cookies, but you can modify your browser setting to decline cookies by visiting the Help portion of your browser’s toolbar. If you choose to decline cookies, please note that you may not be able to sign in, customize, or use some of the interactive features of the Platform.
Flash cookies operate differently than browser cookies, and cookie management tools available in a web browser will not remove flash cookies. To learn more about how to manage flash cookies, you can visit the the Adobe website and make changes at the Global Privacy Settings Panel.