Whimstay Privacy Policy

Thank you for using Whimstay!

Last Updated: January 01, 2022

This Privacy Policy describes how we collect, use, process, and disclose your information, including personal information, in conjunction with your access to and use of the Whimstay Platform.

If you see an undefined term in this Privacy Policy (such as “Property Service” or “Whimstay Platform”), it has the same definition as in our Terms of Service.

When this policy mentions “Whimstay,” “we,” “us,” or “our,” it refers to Whimstay, Inc. that is responsible for your information under this Privacy Policy.


There are three general categories of information we collect.

1.1 Information You Give to Us

We ask for and collect the following personal information about you when you use the Whimstay 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.

You may choose to provide us with additional personal information in order to obtain a better user experience when using Whimstay Platform. This additional information will be processed based on your consent.

1.2 Information We Automatically Collect from Your Use of the Whimstay Platform

When you use the Whimstay Platform, 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 Whimstay Platform

1.3 Information We Collect from Third Parties.

Whimstay may collect information, including personal information, that others provide about you when they use the Whimstay Platform, or obtain information from other sources and combine that with information we collect through the Whimstay Platform. We do not control and are not responsible for how the third parties 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 i) provide, understand, improve, and develop the Whimstay Platform, ii) create and maintain a trusted and safer environment and iii) comply with our legal obligations.

2.1 We use information to provide, improve, and develop the Whimstay Platform. This includes the use of information to:

We process this information given our legitimate interest in improving the Whimstay Platform and our Members’ experience with it, and where it is necessary for the adequate performance of the contract with you.

2.2 We use information to create and maintain a trusted and safer environment. This includes, but is not limited to, the use of information to:

We process this information given our legitimate interest in protecting the Whimstay Platform, to measure the adequate performance of our contract with you, and to comply with applicable laws

2.3 We use information to provide, personalize, measure, and improve our advertising and marketing. The includes the use of information to:

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 Whimstay Account.


3.1 With Your Consent.

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 Whimstay Account or when you participate in promotional activities conducted by Whimstay partners or third parties.

3.2 Sharing between Members.

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.

Data obtained through the short code program will not be shared with any third-parties for their marketing reasons/purposes.

3.3 Profiles, Property Services, and other Public Information.

The Whimstay 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 Whimstay Platform, we may display parts of the Whimstay Platform (e.g., your Property Service page) on sites operated by Whimstay’s business partners, using technologies such as widgets or APIs. If your Property Services are displayed on a partner’s site, information from your public profile page may also be displayed.

Information you share publicly on the Whimstay Platform may be indexed through third party search engines. If you change 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.

3.4 Additional Services by Hosts.

Hosts may need to use third party services available through the Whimstay Platform to assist with managing their Property or providing additional services requested by you, such as cleaning services or lock providers. Hosts may use features on the Whimstay Platform to share information about the Traveler (like check-in and check-out dates, Traveler name, Traveler phone number) with such third-party service providers for the purposes of coordinating the stay, managing the Property, or providing other services.

3.5 Compliance with Law, Responding to Legal Requests, Preventing Harm and Protection of our Rights.

Whimstay 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 Whimstay, (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 Whimstay, 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 Whimstay 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 the 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 Whimstay’s property, its Members and the Whimstay Platform. In instances where we comply with legal requests without notice for these reasons, we may 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.

3.6 Service Providers.

Whimstay uses a variety of third-party service providers to help us provide services related to the Whimstay Platform. Our service providers are based in the United States and other countries where the service providers have operations, subsidiaries of affiliates.

For example, we use Stripe, Inc. , a trusted third-party vendor, to process any and all payments through and in connection with your use of the Whimstay Platform. For more information about Stripe’s data processing activities we recommend that you read Stripe’s privacy policy.

Service providers may also help us: (i) verify your identity or authenticate your identification documents, (ii) check information against public databases, (iii) conduct background or police checks, fraud prevention, and risk assessment, (iv) perform product development, maintenance and debugging, (v) allow the provision of the Whimstay Services through third party platforms and software tools (e.g. through the integration with our APIs), or (vi) provide customer service, advertising, or payments services. These providers have limited access to your information to perform these tasks on our behalf, and are contractually bound to protect and to use it only for the purposes for which it was disclosed and consistent with this Privacy Policy.

Whimstay will need to share your information, including personal information, in order to ensure the adequate performance of our contract with you.

3.7 Business Transfers.

If Whimstay undertakes or is involved in any merger, acquisition, reorganization, sale of assets, bankruptcy, or insolvency event, then we may sell, transfer or share some or all of our assets, including your information in connection with such transaction or in contemplation of such transaction (e.g., due diligence). In this event, we will notify you before your personal information is transferred and becomes subject to a different privacy policy.

3.9 Aggregated Data.

We may also share aggregated information (information about our users that we combine so that it no longer identifies or references an individual user) and other anonymized information for regulatory compliance, industry and market analysis, demographic profiling, marketing and advertising, and other business purposes.


4.1 Analyzing your Communications.

We may review, scan, or analyze your activity on the Whimstay Platform for fraud prevention, risk assessment, regulatory compliance, investigation, product development, research, and customer support purposes. 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 Whimstay’s legitimate interest in ensuring compliance with applicable laws and our Terms of Service, preventing fraud, promoting safety, and improving and ensuring the adequate performance of our services.

4.2 Google Maps/Earth.

Parts of the Whimstay Platform use Google Maps/Earth services, including the Google Maps API(s) and Google Places API. Use of Google Maps/Earth is subject to Google Maps/Earth Additional Terms of Use and the Google Privacy Policy.


The Whimstay 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”). Whimstay 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, Whimstay, 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.


6.1 Managing Your Information.

You may access and update some of your information through your Account settings. You are responsible for keeping your personal information up-to-date.

6.2 Rectification of Inaccurate or Incomplete Information

You may review and correct inaccurate or incomplete personal information concerning you (and which you cannot update yourself within your Whimstay Account) at any time by contacting us at the address below.


To facilitate our operations Whimstay may transfer, store, and process your information directly or with service providers based in the United States and other countries where these service providers maintain operations or have subsidiaries or affiliates. Laws in these countries may differ from the laws applicable to your Country of Residence.

7.1 California & Vermont Residents.

Whimstay 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.

7.2 California Privacy Rights.

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 Us” section for where to send such requests. Whimstay 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.


Our site is intended for a general audience over 18 years of age and is not directed to children under 13 years of age. We do not intend to collect personal information as defined by the U.S. Children’s Online Privacy Protection Act (“COPPA”) (“Children’s Personal Information”) in a manner that is not permitted by COPPA, and for any children’s or mixed-use portions of our site (if any) we will comply with COPPA. If you are a parent or guardian and believe we have collected Children’s Personal Information in a manner not permitted by COPPA, please contact us at the address listed below (Attention: Privacy) and we will remove such data to the extent required by COPPA.

Parents may want to consider commercially available parental control protections to limit what minors can access online and/or monitor their minor children’s online activities. Examples include: www.netnanny.com; www.webwatcher.com and www.sentrypc.com. We do not endorse these or other services and are not responsible for them.


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 Whimstay Account credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Whimstay Account, please contact us following the instructions in the Contact Us section below.


Whimstay reserves the right to modify this Privacy Policy at any time in accordance with this provision. If we make changes to this Privacy Policy, we will post the revised Privacy Policy on the Whimstay Platform and update the “Last Updated” date at the top of this Privacy Policy. If you disagree with the revised Privacy Policy, you may cancel your Account. If you do not cancel your Account, your continued access to or use of the Whimstay Platform will be subject to the revised Privacy Policy.


If you have any questions or complaints about this Privacy Policy or Whimstay’s information handling practices, you may email us or contact us at:


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