1. INFORMATION WE COLLECT
There are three general categories of information we collect.
1.1 Information You Give Us.
We collect information you share with us when you use the Fiction Platform.
- Account Information. When you sign up for an Fiction Account, we require certain information such as your name, email address, and date of birth.
- Profile Information. To use certain features within the Fiction Platform, we may also ask you to complete a profile, which may include your address, phone number, and gender. Certain parts of your profile (like your profile picture, first name, and description) are a part of your public profile page, and will be publicly visible to others.
- Other Authentication-Related Information. To help create and maintain a trusted environment, we may collect identification (like a photo of your government-issued ID) or other authentication information. To learn more, see our Help Center article about providing identification on Fiction.
- Payment Information. We collect your financial information (like your bank account or credit card information) when you use the Payment Services to process payments.
- Communications with Fiction and other Members. When you communicate with Fiction or use the Fiction Platform to communicate with other Members, we collect information about your communication and any information you choose to provide.
- Address Book Contact Information. You may choose to import your address book contacts or enter your contacts’ information manually to access certain features of the Fiction Platform, like inviting them to use Fiction.
- Other Information. You may otherwise choose to provide us information when you fill in a form, conduct a search, update or add information to your Fiction Account, respond to surveys, post to community forums, participate in promotions, or use other features of the Fiction Platform.
1.2 Information We Automatically Collect from Your Use of the Fiction Platform.
When you use the Fiction Platform, we collect information about the services you use and how you use them.
- Usage Information. We collect information about your interactions with the Fiction Platform, such as the pages or other content you view, your searches for Listings, bookings you have made, and other actions on the Fiction Platform.
- Location Information. When you use certain features of the Fiction Platform, we may collect different types of information about your general location (e.g. IP address, zip code) or more specific location information (e.g. precise location from your mobile GPS). Most mobile devices allow you to control or disable the use of location services for applications in the device’s settings menu.
- Log Data. We automatically collect log information when you use the Fiction Platform, even if you have not created an Fiction Account or logged in. That information includes, among other things: details about how you’ve used the Fiction Platform (including links to third party applications), IP address, access times, hardware and software information, device information, device event information (e.g., crashes, browser type), and the page you’ve viewed or engaged with before or after using the Fiction Platform.
- Transaction Information. We collect information related to your transactions on the Fiction Platform, including the date and time, amounts charged, and other related transaction details.
1.3 Information We Collect from Third Parties.
We may collect information that others provide about you when they use the Fiction Platform, or obtain information from other sources and combine that with information we collect through the Fiction Platform.
- Third Party Services. If you link, connect, or login to your Fiction Account with a third party service (e.g., Facebook, WeChat), the third party service may send us information such as your registration and profile information from that service. This information varies and is controlled by that service or as authorized by you via your privacy settings at that service.
- Your References. If someone has written a reference for you, it will be published on your Fiction public profile page. To learn more about how this works, see our Help Center article about References.
- Background Information. For Members in the United States, to the extent permitted by applicable laws, Fiction may obtain reports from public records of criminal convictions or sex offender registrations. For Members outside of the United States, to the extent permitted by applicable laws, Fiction may obtain the local version of background or registered sex offender checks. We may use your information, including your full name and date of birth, to obtain such reports.
- Other Sources. To the extent permitted by applicable law, we may receive additional information about you, such as demographic data or fraud detection information, from third party service providers and/or partners, and combine it with information we have about you. For example, we may receive background check results or fraud warnings from service providers like identity verification services for our fraud prevention and risk assessment efforts. We may receive information about you and your activities on and off the Fiction Platform through partnerships, or about your experiences and interactions from our partner ad networks.
2. HOW WE USE INFORMATION WE COLLECT
We use, store, and process information about you to provide, understand, improve, and develop the Fiction Platform, and to create and maintain a trusted and safer environment.
2.1 Provide, Improve, and Develop the Fiction Platform.
- Enable you to access and use the Fiction Platform.
- Enable you to communicate with other Members.
- Operate, protect, improve and optimize the Fiction Platform and experience, such as by performing analytics and conducting research.
- Personalize or otherwise customize your experience by, among other things, ranking search results or showing ads based on your search, booking history, and preferences.
- Enable you to access and use the Payment Services.
- Provide customer service.
- Send you service or support messages, such as updates, security alerts, and account notifications.
If you provide us with your contacts’ information, we may use and store this information: (i) to facilitate your referral invitations, (ii) send your requests for references, (iii) for fraud detection and prevention, and (iv) for any purpose you authorize at the time of collection.
2.2 Create and Maintain a Trusted and Safer Environment.
- Detect and prevent fraud, spam, abuse, security incidents, and other harmful activity.
- Conduct investigations and risk assessments.
- Verify or authenticate information or identifications provided by you (such as to verify your Accommodation address or compare your identification photo to another photo you provide).
- Conduct checks against databases and other information sources.
- Comply with our legal obligations.
- Resolve any disputes with any of our users and enforce our agreements with third parties.
- Enforce our Terms of Service, Payments Terms, and other policies.
2.3 Provide, Personalize, Measure, and Improve our Advertising and Marketing.
- Send you promotional messages, marketing, advertising, and other information that may be of interest to you based on your communication preferences (including information about Fiction or partner campaigns and services).
- Personalize, measure, and improve advertising.
- Administer referral programs, rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored or managed by Fiction or its third party business partners.
3. SHARING & DISCLOSURE
3.1 With Your Consent.
We may share your information at your direction or as described at the time of sharing, such as when you authorize a third party application or website to access your Fiction Account.
3.2 Sharing between Hosts, Guests and Co-Hosts.
To help facilitate bookings, we may share your information with other Members as follows:
- When you as a Guest submit a booking request, certain information about you is shared with the Host (and Co-Host, if applicable), including your full name, the full name of any additional Guests, your cancellation history, and other information you agree to share.
- When your booking is confirmed, we will disclose additional information to assist with coordinating the trip, like your phone number.
- When you as a Host (or Co-Host, if applicable) have a confirmed booking, certain information is shared with the Guest to coordinate the booking, such as your full name, phone number, and Accommodation or Experience address.
- When you as a Host invite another Member to become a Co-Host, you authorize the Co-Host to access your information and Member Content, including but not limited to certain information like your full name, phone number, Accommodation address, and email address.
We don’t share your billing and payout information with other Members.
3.3 Profiles, Listings, and other Public Information.
The Fiction Platform lets you publish information that is visible to the general public. For example:
- Parts of your public profile page, such as your first name, your description, and city, are publicly visible to others.
- Public Listing pages are publicly visible and include information such as the Accommodation or Experience’s approximate location (neighborhood and city), Listing description, calendar availability, the Host public profile photo, aggregated demand information (like page views over a period of time), and any additional information the Host chooses to share.
- After completing a booking, Guests and Hosts may write reviews and rate each other. Reviews are a part of your public profile page.
- If you submit content in a public forum or social media post, or use a similar feature on the Fiction Platform, that content is publicly visible.
Information you share publicly on the Fiction Platform may be indexed through third party search engines. In some cases, you may opt-out of this feature in your Account settings. If you change your settings or 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 Service Providers.
3.5 Additional Services by Hosts.
Hosts may use third party services available through the Fiction Platform to assist with managing their Accommodation or providing additional services, such as cleaning services or lock providers. Hosts may use features on the Fiction Platform to share information about the Guest (like check-in and check-out dates, Guest name, Guest phone number, and Guest anonymized email address) with that third party service provider for the purposes of coordinating the stay, managing the Accommodation, or delivering other services.
3.6 Fiction Payments.
Fiction Payments may share your personal information to: (i) provide the Payment Services, (ii) facilitate your use of the Fiction Platform, and (iii) jointly market products or services to you with other financial third parties with whom Fiction Payments has a formal agreement. You can unsubscribe or opt-out from receiving such marketing communications in your Account settings.
3.7 Safety and Compliance with Law.
Fiction may disclose your information to courts, law enforcement or governmental authorities, or authorized third parties, if and to the extent we are required to do so by law or if such disclosure is reasonably necessary: (i) to comply with legal process and to respond to claims asserted against Fiction, (ii) 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, (iii) to enforce and administer our Terms of Service or other agreements with Members, (iv) for fraud investigation and prevention, risk assessment, customer support, product development and debugging purposes, or (v) to protect the rights, property or personal safety of Fiction, its employees, its Members, or members of the public.
We will attempt to notify Members about these requests unless: (i) providing notice is prohibited by the legal process itself, by 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 Fiction’s property, its Members and the Platform (collectively, "Risk Scenarios"). In instances where we comply with legal requests without notice for these reasons, we will attempt to notify that Member 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.
3.8 Corporate Affiliates.
- Creating a Listing. If you create a Listing in China: (i) your name and phone number, (ii) information relating to the Listing (e.g., address), (iii) booking information relating to the Listing, such as Guest details as set out below in Host Services, booking dates, and payment amounts, and (iv) messages between you and prospective and confirmed Guests at the Listing.
- Host Services. If you book a Host Service located in China: (i) your name and phone number, (ii) booking dates, (iii) messages between the Host and you or other Guests on the same booking, and (iv) the names, nationalities, and identification details (including passport/national ID numbers and expiry dates) of any Guests.
- Sending Messages. If you send a message to a Host in relation to that Host’s Listing in China, your first name, profile picture and message content.
We may display parts of the Fiction Platform (e.g., your Listing page) on sites operated by Fiction’s business partners, using technologies such as widgets or APIs. If your Listings are displayed on a partner’s site, information from your public profile page may also be displayed.
3.10 Tax Authorities.
In jurisdictions where we facilitate the Collection and Remittance of Occupancy Taxes as described in the "Taxes" section of the Terms of Service, Hosts and Guests expressly grant us permission, without further notice, to disclose Hosts’ and Guests’ data and other information relating to them or to their transactions, bookings, Accommodations and Occupancy Taxes to the relevant tax authority, including, but not limited to, the Host or Guest’s name, listing addresses, transaction dates and amounts, tax identification number(s), the amount of taxes received (or due) by Hosts from Guests, and contact information.
3.11 Host Information Provided to Business Travel Program Customers.
If a booking is designated as being for business purposes and made by a Guest affiliated with a company or other organization enrolled in our Business Travel Program (either or both an "Enterprise"), we may disclose information related to the booking to the Enterprise, such as the name of the Host, the Accommodation address, pricing, Listing details, and other related information. At the request of the Enterprise, we may also share this information with third parties engaged by it to provide travel management, financial reporting, personnel management, crisis management, or other services.
3.12 Guest Information Provided to Business Travel Program Customers.
If you have linked your Fiction Account with an Enterprise, and you are included on a booking designated as being for business purposes, we may disclose information related to the booking to your Enterprise. Typically, this includes your name, dates of the booking, number of guests, pricing, Listing details, the Accommodation address, and other related information. At the request of your Enterprise, we may also disclose this information to service providers engaged by it, such as companies that provide travel management, financial reporting, personnel management, crisis management, or other services. In the event of a dispute, emergency, or similar situation involving a booking identified as being for business purposes, Fiction may also share relevant information it believes is necessary to safely and quickly address the situation.
3.13 Business Transfers.
3.14 Aggregated Data.
We may also share aggregated information (information about our users that we combine together so that it no longer identifies or references an individual user) and non-personally identifiable information for industry and market analysis, demographic profiling, marketing and advertising, and other business purposes.
4. OTHER IMPORTANT INFORMATION
4.1 Analyzing your Communications.
We may review, scan, or analyze your communications on the Fiction 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, we scan and analyze messages to mask contact information and references to other websites. 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.
4.2 Linking Third Party Accounts.
You may link your Fiction Account with your account at a third party social networking service. Your contacts on these third party services are referred to as "Friends." When you create this link:
- some of the information you provide to us from the linking of your accounts may be published on your Fiction Account profile;
- your activities on the Fiction Platform may be displayed to your Friends on the Fiction Platform and/or that third party site;
- a link to your public profile on that third party social networking service may be included in your Fiction public profile;
- other Fiction 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 Fiction 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 service;
- 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 Fiction through this linkage is subject to your settings and authorizations on the Fiction Platform and the third party site.
4.3 Google Maps/Earth.
5. THIRD PARTY PARTNERS & INTEGRATIONS
The Fiction 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"). Fiction 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, Fiction, 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. YOUR CHOICES
6.1 Access and Update.
You may review, update, or delete the information in your Fiction Account by logging into your Fiction Account and reviewing your Account settings and profile.
6.2 Account Cancellation.
For information on how to cancel your Fiction Account, visit www.fiction.com/help. Note that information that you have shared with others (like Reviews or forum postings) may continue to be publicly visible on the Fiction Platform in association with your first name, even after your Fiction Account is cancelled.
6.3 EU and Japan Residents: Review and Update Your 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 request proof of identification to verify your access request.
If your personal information that we hold is inaccurate, let us know and we will update the relevant information. You may also request the erasure of your personal information in accordance with the relevant data protection legislation. We will notify you within 40 days of your valid request about the relevant action taken.
Requests in this section should be addressed to: Fiction Ireland UC, Data Protection Compliance Officer, 8 Hanover Quay, Dublin 2, Ireland.
6.4 EU Residents: Access and Challenge Information Provided to Us By Third Parties.
You are entitled to see and challenge information third parties provide to us as part of our fraud detection, prevention and risk assessment efforts if all of the following factors apply: (i) we use third parties to carry out automated checks or risk assessments, (ii) we make a decision which has legal consequences for you or which significantly affects you, and (iii) such decision is based solely on such automated checks or risk assessments.
Requests should be addressed to: Fiction Ireland UC, Data Protection Compliance Officer, 8 Hanover Quay, Dublin 2, Ireland. We may request proof of identification to verify your request.
7. OPERATING GLOBALLY
7.1 EU-US & Swiss-US Privacy Shield.
Under the Privacy Shield Framework, Fiction is subject to the authority of the Federal Trade Commission. If you have any questions or concerns relating to our Privacy Shield certification, contact us at Fiction, Inc., Legal Department, 888 Brannan Street, San Francisco, CA 94103 or via email. If we are not able to resolve your concern, you may also contact your European Data Protection Authority or Commissioner or seek assistance from our designated Privacy Shield independent recourse mechanism, JAMS. In certain circumstances, you may also have the right to pursue binding arbitration through the Privacy Shield Framework, as described in Annex I to the Privacy Shield Principles.
7.2 California & Vermont Residents.
Fiction Payments will not share information it collects about you with their affiliates or third parties (both financial and non-financial), except as required or permitted by your state’s law.
We are continuously implementing and updating administrative, technical, and physical security measures to help protect your information against unauthorized access, loss, destruction, or alteration. However, the Internet is not a 100% secure environment so we can’t guarantee the security of the transmission or storage of your information.
- Fiction, Inc., Legal Department, 8 N. Foxhill Rd. N. Salt Lake, UT 84054
You may also email us.