OpenRoom, LLC ("OpenRoom," "we," "us," or "our") is committed to protecting your privacy. This Privacy Policy explains how your personal information is collected, used, and disclosed by OpenRoom.
This Privacy Policy applies to our websites (openroomgroup.com & openroom.travel), its associated subdomains, and our mobile application (collectively, our "Service" or "Platform"). By accessing or using our Service, you signify that you have read, understood, and agree to our collection, storage, use, and disclosure of your personal information as described in this Privacy Policy.
1. DEFINITIONS AND KEY TERMS
- Cookie: A small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, and remember information about you such as your language preference or login information.
- Company: When this policy mentions "Company," "we," "us," or "our," it refers to OPENROOM, LLC, a Florida limited liability company, and OPENROOM MEXICO, S.A. de C.V. (where applicable) that is responsible for your information under this Privacy Policy.
- Country: The United States, where OpenRoom is incorporated and operates.
- Device: Any internet-connected device such as a phone, tablet, computer, or any other device that can be used to visit OpenRoom and use the services.
- Guest or User: Any person who creates an account on the Platform and/or makes a booking through the Platform.
- Host or Recipient: A company, organization, or person that signs up to list accommodations on the OpenRoom Platform.
- IP Address: A number assigned to every device connected to the Internet, often used to identify the location from which a device is connecting.
- Personal Data: Any information that directly, indirectly, or in connection with other information allows for the identification of a natural person or a legal entity.
- Platform: The OpenRoom website(s), mobile application, and related technology services.
- Service: The services provided by OpenRoom as described on our Platform.
- Third-Party Service: Advertisers, partners, payment processors, and others who provide content or services.
- User Content: Any content uploaded, posted, or transmitted by Users through the Platform, including photos, images, videos, messages, reviews, and other materials.
- User Profile: A personal page on the Platform where Users may display trip photos, videos, and a map of destinations visited.
2. INFORMATION WE COLLECT
2.1 Information from Guests (Users)
When you use our Platform as a guest making bookings, we collect:
- Name and username
- Email address
- Phone number
- Password (encrypted)
- Payment information (processed securely by our payment processor and not handled directly by us)
- Booking history and preferences
- Communications with us or Hosts and/or other Users
2.2 Information from Hosts (Recipients)
When you register as a Host on our Platform, we collect:
- Legal business name
- Tax identification number (EIN)
- Business address
- Contact information (phone number and email)
- Bank account details (for payment disbursement)
- Business license numbers
- Property information (descriptions, photos, pricing, availability, etc.)
- Authorized representative names
- Legal and tax compliance information, which may vary depending on the applicable laws of each jurisdiction.
2.3 Information Collected Automatically
When you visit our Platform, we may automatically collect:
- IP address
- Browser type and version
- Device type and operating system
- Pages visited and time spent
- Referring website
- Location data (with your permission)
2.4 Information from Mobile Devices
If you use our mobile application, we may collect (with your permission):
- Location (GPS) — to show nearby Properties and provide location-based services
- Device identifiers — for security and fraud prevention
2.5 User-Generated Content
When you use features such as Trip Chat, OpenRoles, User Profiles, reviews, or other interactive features, we collect:
- Photos, images, and videos uploaded to the Platform
- Messages sent through Trip Chat
- OpenRoles participation data, including role assignments and tournament submissions
- User Profile data, including trip photos, videos, and destination map information
- Referral activity data (referral links shared, referred Users, credits earned)
- Brand Ambassador Program participation data
- Any other content you voluntarily upload or share on the Platform
2.6 Property Damage Claim Data
When a property damage claim is filed, we may collect and process: timestamped photos and videos of alleged damage, repair estimates and receipts, communications between the Host and User regarding the claim, and OpenRoom’s mediation records.
3. HOW WE USE YOUR INFORMATION
We use the information we collect for the following purposes:
- To provide and operate our Platform
- To process bookings and payments
- To facilitate communication between Guests and Hosts
- To facilitate communication between Guests and us
- To facilitate communication between Guests
- To personalize your experience
- To improve our website and services
- To respond to customer service requests
- To send transactional emails (booking confirmations, receipts)
- To send transactional notifications via SMS, WhatsApp, push notifications, and other messaging channels, including booking confirmations, payment confirmations, check-in reminders, and dispute-related communications
- To send periodic promotional emails (with your consent)
- To detect and prevent fraud
- To comply with legal obligations
- To enforce our Terms of Service and agreements
- To operate and administer the Trip Chat messaging feature
- To facilitate the OpenRoles feature and OpenRoles Tournament, including displaying submitted photos and content on the Platform and determining winners
- To display User-submitted photos and content on the OpenRoom website, in the tournament carousel/gallery, and on OpenRoom’s social media accounts (including Instagram), as consented to through participation in OpenRoles or other features
- To display User Profile content (trip photos, videos, destination map) as configured by the User’s privacy settings
- To administer the Referral Program, including tracking referrals and issuing credits
- To administer the Brand Ambassador Program, including managing applications and distributing perks
- To process and mediate property damage claims between Hosts and Users
4. HOW WE USE YOUR EMAIL ADDRESS
By submitting your email address, you agree to receive emails from us. You can unsubscribe at any time by adjusting your profile settings.
We use your email address to:
- Send booking confirmations and updates
- Send receipts and payment notifications
- Respond to inquiries and support requests
- Send promotional content (with your consent; you can opt-out)
- Send OpenRoles Tournament updates and winner notifications
- Send Trip Chat notifications
- Send property damage claim notifications
- Send transactional notifications via SMS, WhatsApp, and other messaging channels to the phone number provided during registration
- For customer audience targeting on platforms like Facebook (with your consent; you can opt-out)
We do not send unsolicited commercial emails. We hate spam as much as you do.
5. HOW WE SHARE YOUR INFORMATION
5.1 With Hosts (for Guest Information)
When you make a booking, we share your name, contact information, and booking details with the Host to fulfill your reservation.
5.2 With Service Providers
We share information with trusted third-party service providers who perform functions on our behalf:
- Payment processors (e.g., Stripe) — to process payments securely
- Cloud hosting providers — to store and manage data
- Email service providers — to send transactional and marketing emails (only when you opt-in)
- Analytics providers — to understand how our Platform is used
- Customer support tools — to provide assistance
5.3 For Legal Reasons
We may disclose your information to government or law enforcement officials if we believe it is necessary to: respond to legal process (including subpoenas); protect our rights and interests; protect the safety of the public or any person; prevent illegal, unethical, or legally actionable activity; or comply with applicable laws and regulations.
5.4 Business Transfers
If OpenRoom is involved in a merger, acquisition, or sale of assets, your information may be transferred as part of that transaction. We will notify you of any such change.
5.5 Public Display of User Content
Photos, videos, and other content submitted through the OpenRoles Tournament or other Platform features may be displayed publicly on the OpenRoom website (including in the tournament carousel/gallery) and on OpenRoom’s social media accounts (including Instagram). By submitting content through these features, you consent to such public display as described in our Terms of Service. If you do not wish to have your content displayed in the carousel, you may contact OpenRoom at contact@openroomgroup.com to request removal.
5.6 User Profile Display
If you choose to make your User Profile public, your trip photos, videos, and destination map will be visible to other Users and visitors of the Platform. User Profiles are private by default.
5.7 Property Damage Claims
In the event of a property damage claim, OpenRoom may share evidence provided by the Host (photos, videos, repair estimates) with the User who is the subject of the claim, and vice versa, as part of the mediation process.
5.8 What We Do NOT Do
We do NOT sell your Personal Data to third parties.
6. HOW LONG WE KEEP YOUR INFORMATION
We retain your information only as long as necessary to provide our services, fulfill the purposes described in this Privacy Policy, comply with legal and regulatory obligations, and resolve disputes and enforce agreements.
Specific retention periods:
- Active accounts: Data retained while your account is active
- Guest booking data: 7 years (for tax and legal compliance)
- Host financial records: 7 years (for tax and legal compliance)
- Marketing preferences: Until you unsubscribe
- User Content (photos, messages): Retained while your account is active and for a reasonable period after account deletion to fulfill legal obligations and contest administration
- OpenRoles Tournament submissions: Retained indefinitely for use on the Platform and social media as consented to upon submission
- User Profile data: Retained while your account is active; deleted upon account deletion
- Property damage claim data: Retained for 7 years (for legal compliance)
- Deleted accounts: Data removed within 60 days, except as required by law or as noted above
7. HOW WE PROTECT YOUR INFORMATION
We implement a variety of security measures to protect your personal information:
- Encryption in transit (SSL/TLS) — all data transmitted to our servers is encrypted
- Encryption at rest — sensitive data is encrypted in our databases
- Secure payment processing — payment information is handled by PCI-compliant processors
- Access controls — only authorized personnel can access personal data
- Regular security audits and updates
- Employee confidentiality obligations
However, no method of transmission over the Internet or electronic storage is 100% secure. While we strive to protect your information, we cannot guarantee absolute security.
8. COOKIES AND TRACKING TECHNOLOGIES
8.1 What Are Cookies?
Cookies are small data files stored on your device by your web browser. We use cookies to enhance your experience on our Platform.
8.2 Types of Cookies We Use
- Essential Cookies: Required for the Platform to function (e.g., keeping you logged in)
- Analytics Cookies: Help us understand how visitors use our Platform
- Advertising Cookies: Used to deliver relevant advertisements
8.3 Disabling Cookies
You can set your browser to block cookies, but this may affect the functionality of our Platform. You may not be able to access all features if cookies are disabled.
8.4 Third-Party Tracking
We may use the following third-party services: Google Analytics — to analyze website traffic; Google Maps API — to display Property locations; Facebook Pixel — to measure advertising effectiveness (if applicable).
9. YOUR RIGHTS
9.1 Access and Correction
You have the right to: access the personal information we hold about you; request correction of inaccurate information; and request a copy of your data.
9.2 Deletion
You may request deletion of your personal information by contacting us or deleting your account. Note that we may need to retain certain information as required by law. Content submitted to the OpenRoles Tournament may be retained as described in Section 6.
9.3 Opt-Out
You may opt out of: promotional emails — by clicking "unsubscribe" in any email; cookies — by adjusting your browser settings; location tracking — by adjusting your device settings; tournament carousel display — by contacting contact@openroomgroup.com.
9.4 Do Not Sell My Information
We do not sell your personal information. If you are a California resident, see Section 11 for additional rights.
10. CHILDREN’S PRIVACY
Our Platform is not intended for anyone under the age of 18. We do not knowingly collect personal information from children under 13. If you are a parent or guardian and believe your child has provided us with personal information, please contact us immediately. We will take steps to remove such information from our servers.
11. CALIFORNIA RESIDENTS (CCPA/CalOPPA)
If you are a California resident, the California Consumer Privacy Act (CCPA) and California Online Privacy Protection Act (CalOPPA) provide you with additional rights:
- Right to Know: You may request information about the categories and specific pieces of personal information we have collected about you.
- Right to Delete: You may request that we delete your personal information (subject to certain exceptions).
- Right to Opt-Out of Sale: We do not sell your personal information.
- Right to Non-Discrimination: We will not discriminate against you for exercising your privacy rights.
To exercise these rights, please contact us at contact@openroomgroup.com. We will respond within 45 days.
12. EUROPEAN RESIDENTS (GDPR)
If you are located in the European Economic Area (EEA), the General Data Protection Regulation (GDPR) provides you with additional rights:
- Right to Access: You may request a copy of your personal data.
- Right to Rectification: You may request correction of inaccurate data.
- Right to Erasure: You may request deletion of your data ("right to be forgotten").
- Right to Restrict Processing: You may request that we limit how we use your data.
- Right to Data Portability: You may request your data in a machine-readable format.
- Right to Object: You may object to certain types of processing.
- Right to Withdraw Consent: You may withdraw consent at any time.
To exercise these rights, contact us at contact@openroomgroup.com.
Legal Basis for Processing: We process your data based on: contract performance (to provide our services); legitimate interests (to improve our services, prevent fraud); legal obligations (to comply with laws); and consent (for marketing communications and public display of User Content).
12A. UNITED KINGDOM RESIDENTS (UK GDPR)
If you are located in the United Kingdom, the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 provide you with rights substantially similar to those described in Section 12 (European Residents). To exercise these rights, contact us at contact@openroomgroup.com. The supervisory authority for data protection in the UK is the Information Commissioner’s Office (ICO).
12B. MEXICO RESIDENTS (LFPDPPP)
If you are located in Mexico or book a property located in Mexico, the following provisions apply to the treatment of your personal data, in accordance with the Federal Law on the Protection of Personal Data Held by Private Parties (Ley Federal de Protección de Datos Personales en Posesión de los Particulares, or LFPDPPP).
12B.1 Responsible Party
For purposes of the LFPDPPP, the party responsible for the treatment of your personal data is:
OPENROOM MEXICO, S.A. de C.V.
Email: contact@openroomgroup.com
Phone: +52-56-2619-5584
OPENROOM MEXICO, S.A. de C.V. operates the OpenRoom Platform in Mexico on behalf of OpenRoom. For purposes of this Section, all references to “OpenRoom” or “we” refer to OPENROOM MEXICO, S.A. de C.V. as the responsible party.
12B.2 Personal Data We Treat
The personal data we collect and treat is described in Section 2 of this Privacy Policy and includes: name, email address, phone number, password (encrypted), booking history, communications, IP address, device information, location data (with your permission), and User-generated content such as photos, videos, and messages.
Financial data: OpenRoom does not directly collect or store your financial data (credit card numbers, bank account details). All payment information is collected and processed by our payment processor. OpenRoom does not have access to your payment credentials.
Sensitive data: OpenRoom does not directly request sensitive personal data (as defined in Article 2, Section VI of the LFPDPPP), such as data revealing racial or ethnic origin, health status, genetic information, religious or philosophical beliefs, political opinions, or sexual preference. However, photos, videos, and images that you voluntarily upload to the Platform may indirectly reveal sensitive personal data. For this reason, at the time of account creation, Mexican users are asked to provide separate, express, written consent for the treatment of sensitive personal data that may be derived from content uploaded to the Platform.
12B.3 Purposes of Treatment
Primary purposes (necessary for the contractual relationship — you cannot opt out of these without affecting the services):
- Processing and managing your bookings and reservations;
- Processing payments through our payment processor;
- Facilitating communication between you and Hosts, you and other Users, and/or you and us, through the Platform, including Trip Chat;
- Verifying your identity and preventing fraud;
- Complying with applicable tax and legal obligations, including issuing tax documents;
- Enforcing our Terms of Service and other agreements;
- Processing and mediating property damage claims;
- Sending transactional communications (booking confirmations, payment receipts, check-in reminders, dispute notifications) via email, SMS, WhatsApp, push notifications, or other messaging channels;
- Providing customer support;
- Administering the OpenRoles feature, including role assignments and participation tracking.
Secondary purposes (not necessary for the contractual relationship — you may opt out of these without affecting the primary services):
- Sending promotional or marketing communications (emails, notifications, or messages about offers, new features, or travel inspiration);
- Displaying your photos, videos, and content on the OpenRoom website, the OpenRoles Tournament carousel/gallery, and on OpenRoom’s social media accounts (including Instagram);
- Using analytics tools to understand how the Platform is used and to improve our services;
- Administering the OpenRoles Tournament, including determining winners and publishing results;
- Administering the Referral Program, including tracking referrals and issuing credits;
- Administering the Brand Ambassador Program;
- Using your data for audience targeting on advertising platforms (only if you opt in).
If you do not wish your data to be treated for secondary purposes, you may communicate your refusal at the time of providing your data by declining the corresponding option during registration, or at any time thereafter by contacting us at contact@openroomgroup.com. Your refusal will not affect your ability to use the Platform for its primary purposes.
12B.4 Options to Limit Use or Disclosure
You may limit the use or disclosure of your personal data by:
- Adjusting your User Profile privacy settings (public or private) within the Platform;
- Disabling location tracking through your device settings;
- Requesting removal of your content from the OpenRoles Tournament carousel by contacting contact@openroomgroup.com;
- Contacting us at contact@openroomgroup.com to request that your data not be used for any secondary purpose.
12B.5 ARCO Rights
Under the LFPDPPP, you have the following rights with respect to your personal data:
- Access (Acceso): You may request access to the personal data we hold about you, as well as information about the conditions and scope of its treatment.
- Rectification (Rectificación): You may request correction of your personal data when it is inaccurate, incomplete, or not up to date.
- Cancellation (Cancelación): You may request the deletion of your personal data when it is no longer necessary for the purposes for which it was collected. Cancelled data will be subject to a blocking period before final deletion.
- Opposition (Oposición): You may oppose the treatment of your personal data for specific legitimate reasons, or request that we cease treating it.
How to exercise your ARCO rights: Send a request to contact@openroomgroup.com containing:
- Your full name and a contact method for receiving our response (email or mailing address);
- A copy of an official identification document to verify your identity, or documentation proving the identity and authority of your legal representative, if applicable;
- A clear and precise description of the personal data with respect to which you wish to exercise any ARCO right, unless you are exercising the right of access;
- A description of the ARCO right you wish to exercise, or a clear statement of what you are requesting;
- Any other element or document that may help us locate your personal data.
We will communicate our determination to you within twenty (20) business days from the date we receive your complete request. If your request is granted, the determination will be effective within fifteen (15) business days from the date we communicate our response. These periods may be extended once for an equal period when circumstances justify it.
The exercise of ARCO rights is free of charge.
12B.6 Revocation of Consent
You may revoke your consent for the treatment of your personal data at any time by contacting us at contact@openroomgroup.com. Please note that revocation of consent does not have retroactive effects. If you revoke consent for the treatment of data necessary for the primary purposes described in Section 12B.3, we may not be able to continue providing our services to you.
12B.7 International Transfers
Your personal data may be transferred to and treated by the following recipients outside of Mexico:
- OPENROOM, LLC (United States) — our parent company, which operates the Platform infrastructure, for the purposes of providing and improving the services described in this Privacy Policy;
- Payment processors (United States) — for the purpose of processing payments related to your bookings.
These transfers are necessary for the maintenance and fulfillment of the contractual relationship between you and OpenRoom. By using the Platform, you consent to these international transfers. The recipients of your data are bound by confidentiality obligations and are required to treat your data in accordance with the terms of this Privacy Policy.
12B.8 Security Breaches
In the event of a security breach that significantly affects your patrimonial or moral rights, we will notify you immediately so that you can take the appropriate measures to protect your interests.
12B.9 Changes to This Privacy Notice
We may update this Privacy Policy from time to time. We will notify you of any material changes by posting the updated policy on our website, updating the “Last Updated” date, and sending you an email notification for significant changes. Your continued use of the Platform after changes are posted constitutes your acceptance of the updated Privacy Policy.
12B.10 Authority
If you believe your rights under the LFPDPPP have been violated, you may file a complaint with the Secretaría Anticorrupción y Buen Gobierno, which is the authority responsible for overseeing compliance with data protection obligations by private parties in Mexico.
12B.11 Consent for Sensitive Data
At the time of account creation, users located in Mexico will be asked to provide separate, express, written consent for the treatment of sensitive personal data that may be derived from content uploaded to the Platform, including photos, videos, and images. This consent is provided through a dedicated checkbox, separate from the general acceptance of this Privacy Policy and the Terms of Service, which reads:
_“I expressly consent to the treatment of sensitive personal data that may be derived from the content I upload to the Platform, including photographs, videos, and images, in accordance with the Privacy Policy.”_
This consent is required to complete account registration for users located in Mexico. If you do not provide this consent, you will not be able to upload content to the Platform, but you may still use the Platform for booking accommodations.
13. INTERNATIONAL DATA TRANSFERS
OpenRoom is based in the United States. If you access our Platform from outside the United States, your information may be transferred to, stored, and processed in the United States or other countries where our service providers operate.
By using our Platform, you consent to the transfer of your information to countries that may have different data protection laws than your country of residence.
14. LINKS TO OTHER WEBSITES
Our Platform may contain links to third-party websites. We are not responsible for the privacy practices of these websites. We encourage you to read the privacy policies of any website you visit.
15. CHANGES TO THIS PRIVACY POLICY
We may update this Privacy Policy from time to time. We will notify you of any material changes by: posting the updated policy on our website; updating the "Last Updated" date at the top; and sending you an email notification (for significant changes).
Your continued use of our Platform after changes are posted constitutes your acceptance of the updated Privacy Policy.
16. GOVERNING LAW
This Privacy Policy is governed by the laws of the State of Florida and the United States, without regard to conflict of laws principles.
17. CONTACT US
If you have any questions about this Privacy Policy or our data practices, please contact us:
Email: contact@openroomgroup.com
Website: openroomgroup.com
Phone: +52-56-2619-5584
18. YOUR CONSENT
By using our Platform, registering an account, or making a booking, you hereby consent to this Privacy Policy and agree to its terms.
If you do not agree to this Privacy Policy, please do not use our Platform.