Privacy Policy

Onyx Hotels, LLC (hereinafter referred to as “Onyx”, “we”, “us” or “our”) operates a website, booking platform, and rental property management service where we create, list, advertise and promote unique accommodations in Austin, Texas, and beyond. Whether through our website or our marketing network (“Platform”). Onyx refers to Onyx Hotels, LLC.

This Privacy Policy is intended to inform you about how we treat Personal Information that we process about you. If you do not agree to any part of this Privacy Policy, then we cannot provide the Platform to you, and you should stop accessing the Platform.

DEFINITIONS

Where the definition of a term does not appear in this Privacy Policy (such as “Listing”, “Accommodation”, “Content” etc.), it shall be given its definition as outlined in our Terms of Service (https://www.onyxhotels.com/terms).

“Aggregated information” means information about all of our users or specific groups or categories of users that we combine together and which does not include the users’ Personal Information.

“Data Controller” means Onyx, the company responsible for the use of and processing of Personal Information.

“Personal Information” means 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.

WHAT TYPES OF INFORMATION DOES ONYX GATHER ABOUT ITS USERS?

1. Information that you give us

We receive, store and process information that you make available to us when accessing or using our Platform. Examples include when you:

fill in any form on the Platform, such as when you register or update the details of your user account;

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 Onyx 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; and communicate with Onyx.

2. 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, 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, pages viewed and the order of those pages, and the amount of time spent on particular pages.

3. Cookies, and other Tracking Technologies

Onyx uses cookies and other similar technologies on the Platform. We may also allow our business partners to use their cookies and other tracking technologies on the Platform. As a result, when you access or use the Platform, you will provide or make available certain information to us and to our business partners.

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 Onyx 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.

We may, either directly or through third party companies and individuals we engage to provide services to us, also continue to track your behavior on our own Platform for purposes of our own customer support, analytics, research, product development, fraud prevention, risk assessment, regulatory compliance, investigation, as well as to enable you to use and access the Platform and pay for your activities on the Platform. We may also, either directly or through third party companies and individuals we engage to provide services to us, track your behavior on our own Platform to market and advertise our services to you on the Platform and third party websites. Third parties that use cookies and other tracking technologies to deliver targeted advertisements on our 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 (http://www.networkadvertising.org/choices/) and/or the Digital Advertising Alliance (http://www.aboutads.info/choices/). You may also be able to control advertising cookies provided by publishers, for example Google’s Ad Preference Manager (https://www.google.com/settings/ads/onweb/). Please note that even if you choose to opt-out of receiving targeted advertising, you may still receive advertising on the Platform – it just will not be tailored to your interests.

Third parties may not collect information about users’ online activities on the Platform except as described in this policy and our Cookie Policy.

5. Third-party social plugins

Our Platform may use social plugins which are provided and operated by third-party companies, such as Facebook’s Like Button.

As a result of this, you may send to the third-party company 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 company, then the third party may not know your identity. If you are logged into your account with the third-party company, 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.

Please refer to the third party’s privacy policy to find out more about its data practices, such as what data is collected about you and how the third party uses such data.

HOW ONYX USES AND PROCESSES THE INFORMATION THAT YOU PROVIDE OR MAKE AVAILABLE

We use and process Information about you for the following general purposes:

to enable you to access and use the Platform;

to operate, protect, improve and optimize the Platform, Onyx’s business, and our users’ experience, such as to perform analytics, conduct research, and for advertising and marketing;

to help create and maintain a trusted and safer environment on the Platform, such as fraud detection and prevention, conducting investigations and risk assessments, verifying the address of your listings, verifying any identifications provided by you, and conducting checks against databases such as public government databases;

to send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you;

where we have your consent, to send you marketing and promotional messages and other information that may be of interest to you, including information sent on behalf of our business partners that we think you may find interesting. You will be able to unsubscribe or opt-out from receiving these communications.

to administer rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored or managed by Onyx or our 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.

WHEN ONYX DISCLOSES OR SHARES PERSONAL INFORMATION, AND TO WHOM

Your Personal Information may be disclosed as follows:

Parts of your profile that contain some Personal Information may be displayed in other parts of the Platform to other users for marketing purposes.

Your profile data may be displayed in other parts of the Platform to other users for marketing purposes.

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. We do not control the practices of third-party search engines.

When you submit a request to book an Accommodation, your full name and contact information will become visible to the Host.

When you stay at a Host’s Accommodation, we will ask you to review the Accommodation. If you choose to provide a review, your review may be public on the Platform.

The publication and display of information that you provide to Onyx 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 for display on sites operated by Onyx’s business partners, 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 allow our related entities such as our subsidiaries, and their employees, to use and process your Personal Information in the same way and to the same extent that we are permitted to under this Privacy Policy. These related entities comply with the same obligations that we have to protect your Personal Information under this Privacy Policy.

You acknowledge, consent and agree that Onyx may access, preserve and disclose your account information and Collective Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (a) respond to claims asserted against Onyx; (b) to comply with legal process (for example, subpoenas and warrants); (c) to enforce and administer our agreements with users, such as the Terms of Service, (https://www.onyxhotels.com/terms); (d) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes; or (e) to protect the rights, property or personal safety of Onyx, its users or members of the public. We will use commercially reasonable efforts to notify users about law enforcement requests for their data unless prohibited by law or by the government request, or if doing so would be futile or ineffective.

We may also publish, disclose and use Aggregated Information and non-personal information for industry analysis, demographic profiling, marketing and advertising, and other business purposes.

BUSINESS TRANSFERS BY ONYX

If Onyx undertakes or is involved in any merger, acquisition, reorganization, sale of assets or bankruptcy or insolvency event, then we may sell, transfer or share some or all of our assets, including your Personal Information. In this event, we will notify you before your Personal Information is transferred and becomes subject to a different privacy policy.

KEEPING YOUR PERSONAL INFORMATION SECURE

We have implemented reasonable administrative, technical, and physical security measures to protect your Personal Information against the unauthorized access, destruction or alteration of your information. However, no method of transmission over the Internet, and no method of storing electronic information, can be 100% secure. So, we cannot guarantee the absolute security of your transmissions to us and of your Personal Information that we store.

YOUR PRIVACY WHEN YOU ACCESS THIRD-PARTY WEBSITES AND RESOURCES

The Platform will contain links to other websites not owned or controlled by Onyx. Onyx does not have any control over third party websites. These other websites may place their own cookies, web beacons or other files on your device, or collect and solicit Personal Information from you. They will have their own rules about the collection, use and disclosure of Personal Information. We encourage you to read the terms of use and privacy policies of the other websites that you visit.

Some portions of the Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google’s terms of use (located at http://www.google.com/intl/en_us/help/terms_maps.html) and Google’s privacy policy (located at http://www.google.com/privacy.html), as may be amended by Google from time to time.

CHANGES TO THIS PRIVACY POLICY

We may change how we collect and then use Personal Information at any time and without prior notice, at our sole discretion.

We may change this Privacy Policy at any time. If we make material changes to the Privacy Policy, we will notify you either by posting the changed Privacy Policy on the Platform or by sending an email to you. We will also update the “Last Updated Date” at the top of this Privacy Policy. If we let you know of changes through an email communication, then the date on which we send the email will be deemed to be the date of your receipt of that email.

It’s important that you review the changed Privacy Policy. If you do not wish to agree to the changed Privacy Policy, then we will not be able to continue providing the Platform to you, and your only option will be to stop accessing the Platform.

GOT FEEDBACK?

Your opinion matters to us! If you’d like to provide feedback to us about this Privacy Policy, please email us at wish@onyxhotels.com.

COOKIE POLICY

Onyx 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.

Onyx cookies and third party cookies

Onyx may place our cookies on your device via the Platform. Accordingly, our Privacy Policy will apply to our treatment of the information we obtain via our 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.

Other technologies

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 Onyx cookies

Onyx uses cookies for a number of purposes, such as the following:

to enable, facilitate and streamline the functioning of the Platform across different webpages 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.

Uses for third party cookies

Our partners’ cookies are intended to obtain information to help them provide services to Onyx. For example, third party companies and individuals we engage to provide services to us may track your behavior on our Platform to market and advertise Onyx listings or services to you on the Platform and third party websites. Third parties that use cookies and other tracking technologies to deliver targeted advertisements on our 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 (http://www.networkadvertising.org/choices/) and/or the Digital Advertising Alliance (http://www.aboutads.info/choices/). You may also be able to control advertising cookies provided by publishers, for example Google’s Ad Preference Manager (https://www.google.com/settings/ads/onweb/). Please note that even if you choose to opt-out of receiving targeted advertising, you may still receive advertising on the Platform – it just will not be tailored to your interests.

Disabling Cookies

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 Adobe website (http://www.adobe.com/) and make changes at the Global Privacy Settings Panel (http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager02.html).

Changes to this Cookie Policy

We can change this Cookie Policy at any time. If we make material changes to the Cookie Policy, we will let you know either by posting the changed Cookie Policy on the Platform or by sending you an email.

It’s important that you review the changed Cookie Policy. If you do not wish to agree to the changed Cookie Policy, then we cannot continue to provide the Platform to you, and your only option is to stop accessing the Platform.