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Privacy Policy

Last update: December 10, 2018

 

This Privacy Policy describes how misterb&b collects, uses and discloses your data through your access to and use of the misterb&b Platform. In addition, this Privacy Policy provides you with information on your rights regarding your data, and the means to exercise these rights.

 

misterb&b is committed to being as transparent as possible about the use of your data, to allow you to understand the implications of the data processing implemented or the rights you have regarding your data.

 

  • All the information is made available to you, permanently and updated, in this Privacy Policy and in the Cookie Policy, which you can consult at your discretion;

  • Moreover, information regarding each processing of your data will also be provided to you as you interact with the misterb&b Platform.

 

Any terms without definition provided in this Privacy Policy will have the same definition as the one given in the misterb&b Terms. 

 

IMPORTANT. misterb&b implements and constantly updates administrative, technical and physical security measures in order to protect your data against unauthorized access, loss, destruction or alteration. However, the Internet is not a 100% secure environment and therefore misterb&b cannot fully guarantee the security of the transmission or the storage of your data.

 

1. Who is responsible for handling your personal data?

 

Those responsible for handling your personal data are:

  • Pinklab360 SASU, (“misterb&b Europe”), a French company. All users (i) located outside the United States of America, or (ii) those located in the United States and using the PayPal payment facilitator for their misterb&b transactions, contract with Pinklab360 SASU;

  • SFO84, Inc., (“misterb&b U.S.”), an American company acting as the parent company of PINKLAB360. All users located in the United States and not using the PayPal payment facilitator for their misterb&b transaction, contract with SFO84, INC.

 

In other words, both misterb&b U.S. and misterb&b Europe (together referred to below as "misterb&b") are joint controllers for the processing of your data. Thus, the joint controllers have jointly established directives and together ensure the processing and the protection of your data.

 

Please note that this Privacy Policy only applies to misterb&b and not to any third party applications or software used via the misterb&b Platform, nor to third party products, services or activities available on the misterb&b Platform.

 

 

2. What data is collected by misterb&b?

 

misterb&b collects four (4) major types of personal data.

 

Please note that some of this data is displayed on the public pages of your profile and your Listing, and therefore becomes freely available to any visitors of the Site and the Application.

 

2.1. The required data for access and use of the misterb&b Platform

 

When misterb&b asks you to enter your data to allow access to one of the functionalities or services of the misterb&b Platform, certain fields may be mandatory.

 

This is data that misterb&b needs to provide the service in question or to enable access to this functionality or services. If you decide not to provide this data, it is possible that your registration as a Member cannot be completed or that you cannot benefit from the full range of the Services offered by misterb&b.

 

Some of the recipients of your personal data may be located in countries which are not members of the European Union and which have not been the subject of an adequacy protection decision by the European Commission.   In such case, we ensure that this transfer is carried out under conditions in accordance with the laws and regulations in force by taking all appropriate measures and under legal, technical and operational guarantees capable of ensuring the confidentiality and security of your personal data, in particular by signing standard contractual clauses provided for by the European Union or any other mechanism in accordance with the regulations in force.

 

  • misterb&b Account, profile and Platform access Data. You should provide minimum data such as your family name, first name, city of residence and telephone number to create or update your misterb&b Account and profile. Certain features of the misterb&b Platform may be accessible to you without creating a misterb&b Account, but by providing minimum data (such as your email address) in order for misterb&b to be able to identify you and to monitor the provision of the Services to you.
  • Listing Data. You should provide data such as the type of Rental Property, its physical address and photographs to create or update your Listing. If required by local regulations, you should provide data such as a tax identification number or the Rental Property registration number obtained from the relevant authorities.

  • Identity verification data. misterb&b may ask you to provide your identity information and seek to verify it by asking you to provide a copy of an identity document. Please note that a dedicated icon appears on the public of your misterb&b profile after your identity has been verified.

  • Address verification data of the Rental Property. To increase confidence in your Listing, to comply with applicable laws, regulations or order from the authorities, or to fight against fraud or crime, misterb&b may ask you to provide supporting proof of the Rental Property address you entered to verify accuracy of the address of the Rental Property.

  • Communication data with misterb&b. When you contact misterb&b for assistance or to request information, you provide data about your communications, such as their content. Calls made to Customer Service are recorded for the purpose of checking the quality of the service provided and gathering evidence. You keep the right to object to the recording of your call when it begins. Please note that misterb&b collects the telephone number you use to contact Customer Service and associates it with your misterb&b Account, if it is different from the telephone number initially entered.

  • Communication data with other Members. When you communicate with other Members via the misterb&b Platform, you provide misterb&b with data such as the content of these communications.

  • Payment data. To make a booking via the misterb&b Platform, you should provide your bank details. Please note that if your payment is made via one or more Third-Party Payment Processor(s) used by misterb&b, your bank details are directly collected and encrypted by this (or these) Third-Party Payment Processor(s), without this being directly collected neither visible by misterb&b. Please also note that, bookings for Professional Lodgings advertised on the misterb&b Platform by Partner Agencies, the payment process is not ensured by misterb&b, which only collects and transmits your payment data to the Relevant Agency Partner.

  • Complaint and dispute data with other Members. When you file a complaint with the Customer Service (for example, the application of the Force Majeure policy or Travel Issue policy), or a complaint against another Member related to a dispute between both of you, you must provide a certain amount of data in order for misterb&b to conduct the most accurate possible analysis of the facts.

 

2.2. Additional data that you can choose to provide to misterb&b

 

You can choose to provide additional data for various reasons, such as enhancing the attractiveness of your misterb&b profile and Listing, answering the recurring questions from other Members, or sharing your personal experience.

 

  • Additional misterb&b Account and profile data. You can choose to provide additional data to your misterb&b Account and your profile such as a profile picture, your mother tongue, your gender, your time zone, your interests or a personal description in order to present yourself to other Members and visitors.

  • Additional Listing Data. You can choose to add data to your Listing such as a description of the neighborhood, the Rental Property, its facilities and the amount of the deposit, when you require it.

  • Spontaneous identity verification data. You can directly choose to have your identity verified by the services of misterb&b by completing an identity verification process (involving the transmission of a copy of an identity document). Please note that a dedicated icon appears on the public of your misterb&b profile after your identity has been verified.

  • Review data. You can choose to leave reviews (for example about a Rental Property that you have booked, a Guest that you have hosted or a venue that you have visited) in the form of ratings (Ratings/Notations) and / or of writings (Travel and Guest Reviews), which are made public and then become visible to others.

  • Address book data. In order to access certain features (such as the misterb&b referral program), you can choose to import the contacts from your address books or manually enter the data for your contacts. Please note that misterb&b accesses your Gmail address book using the OAuth 2.0 protocol: thus misterb&b will not store or share your contact data but only the email addresses to which you send an invitation to join the misterb&b Platform.

  • Others. You can choose to provide misterb&b with data when, without being exhaustive, you join a promotion campaign or contest, fill out a form, add data to your misterb&b Account, take surveys or apply for a job offer, interact with misterb&b’ social media accounts, use other features and programs of the misterb&b Platform.

 

 

2.3. The data that misterb&b automatically collects

 

When you access to and use the misterb&b Platform, misterb&b automatically collects data, including personal data.

 

Please note that you can object, by adjusting the settings of your browser or your connection device, to some part or entire (depending on the technology used) collection of this data. However, you understand that blocking some of this data may degrade, restrict or prevent access to, use and performance of the misterb&b Platform.

 

  • Location data. To provide you with a personalized experience according to your geographic location, misterb&b may collect data on your approximate or exact location such as the IP address received from your browser or the GPS positioning of your connection device.

  • Connection data. misterb&b automatically collects data related to your connection to the Site or Application, such as the IP address, dates and times of access (even if you do not have a misterb&b Account).

  • Connection device data. misterb&b collects data on the devices accessing the Site, the Application and the Services, such as the type and / or model of the device you are using, the operating system used, the device settings or the version of the Application used. These data are necessary for misterb&b to (i) monitor the traffic to the Site and the Application, and (ii) edit such Site and Application in the best way. Also, this data is automatically processed by the misterb&b system as well as those of some of misterb&b's partners (such as Google Analytics) in order to provide you with Services and advertisements adapted to the technical characteristics of your device.

  • Browser data. misterb&b automatically collects data on the browser configuration, its plug-ins and your language preferences, in order to provide you with appropriate navigation on the Site.

  • Browsing data on the Site and the Application. misterb&b automatically collects data and metadata on your use of the Site, the Application and the Services and how you interact with them, such as your clicking (including on links to third-party applications), your research, consultations or viewing content.

  • Data of email communications. misterb&b automatically collects data on the emails that misterb&b sends to you, such as their readings or clicks you make on the links contained in these emails.

  • Cookies and similar technologies. misterb&b uses cookies and similar technologies on the Site and the Application to help misterb&b to collect the above-mentioned and other data. Please note that the Site or Application may also include cookies and similar tracking technologies by third parties, who may then collect data about you through the Site or Application. For more information, please refer to the Cookie Policy.

 

2.4. Data that misterb&b collects from third parties

 

misterb&b may collect data about you, including personal data, provided by third parties when you access to and use the Site, the Application and the Services. It may also be possible that misterb&b obtains data from other sources and combines it with the one misterb&b collects itself.

 

  • Data obtained through association with a third-party Social Networking Site. You can link, pair or connect your misterb&b Account to a third-party Social Networking Site (for example when you connect to the Site or the Application via your Facebook account). In this context, when a third-party Social Networking Site is activated, misterb&b is authorized to connect and access other data made available to it in accordance with the agreement made by misterb&b with the third-party Social Media Site. You understand that the data which misterb&b thus accesses are controlled by the third-party and depend on the permissions that you have transmitted to such third-party. Please check the privacy settings of these third-party Social Networking Sites to find out what data may be disclosed to misterb&b. Please note that misterb&b does not receive identifiers or passwords from any of these third-party Social Networking Sites when these are connected to the Services.

  • Recommendation data. misterb&b collects the Recommendations that your Facebook contacts can leave on your misterb&b profile at your request. If you agree, these Recommendations can be published on the public page of your profile and then become visible to any visitor of the Site or the Application.

  • Review data. misterb&b collects the reviews provided by other Members regarding you and your Listing (in the form, for example, of Travel / Guest Reviews, or Ratings/Notations).

  • Background data. In fighting against fraud and crime, misterb&b may use your data (including your full name and date of birth) to obtain extracts from public records on criminal convictions or registration in local sex offender registries, or your criminal record (to the extent permitted by law and with your consent, if required).

  • Legal and administrative situation data. In relation with the laws and regulations regulating the marketplaces and / or their users’ activity, misterb&b can obtain, from the relevant authorities, data concerning your legal and / or administrative situation in a given locality, such as your compliance with the duty to register short-term rentals.

  • Data combination. To the extent permitted by current law, misterb&b may receive additional data about you, such as demographics, location data or fraud-related detection data, from third-party service providers and / or partners, and combine them with the data that misterb&b has on you. For example, misterb&b may receive fraud alerts from service providers with which misterb&b works, as part of fraud prevention and risk assessments.

  • Other sources. misterb&b may receive data about you and your activities on and off the Site or the Application through partnerships with third parties, or about your experiences and interactions via the advertising partner networks maintained by misterb&b.

 

Third parties liability.

misterb&b does not control, monitor, nor is accountable for the policies and / or practices adopted by third parties in processing the data they transmit to misterb&b. Furthermore, misterb&b is not responsible for the accuracy of the data provided by third parties. Therefore, any request for information related to the disclosure of your personal data to misterb&b should be addressed to these third parties.

 

 

3. For what purposes does misterb&b use my data, and on what legal grounds?

 

Depending on how you interact with the Site, the Application or the Services, your data will be stored and processed for the purposes described below. At the same time, you are informed of the legal basis which allows misterb&b to process your personal data for the relevant purpose.

 

3.1. Offer and customize access to and use of the misterb&b Platform

 

The processing of your data is based on the performance of the agreement that you have with misterb&b, your consent, as well as on the pursuit of legitimate interest, of a commercial nature, that misterb&b considers to have to adapt and personalize your access to and your use of the misterb&b Platform. 

 

Your data will be processed to:

 

  • Create a misterb&b Account, fill in your profile and identify yourself as a Member;

  • Allow you to access to and use the various functionalities of the Site, the Application and the Services, the availability of which is reserved for Members and / or completion of certain conditions / actions;

  • Allow you to communicate with other Members;

  • Send you support or service messages, updates, security alerts and Account notifications;

  • In the event that you provide contact details of your contacts to misterb&b: (i) provide your sponsorship invitations, (ii) send your Recommendations requests, (iii) fraud detection and prevention measures, and (iv) for any other purpose authorized by you at the time of collection of this data;

  • Personalize and adapt your experience on the misterb&b Platform (for example by ranking search results), by data profiling according to your interactions with the misterb&b Platform, your search and booking history, your profile information and preferences, as well as other data that you provide by accessing to and using the misterb&b Platform;

  • Allow you to disable or delete your misterb&b Account. To do so, please refer to section 8.1.

 

3.2. Assessing and improving the misterb&b Platform

 

The processing of your data is here required for the performance of the agreement that you have with misterb&b, the compliance by misterb&b with its legal obligations and the pursuit of the misterb&b legitimate interest in improving the misterb&b Platform. This legitimate interest of misterb&b can also be combined with yours when, for example, misterb&b seeks to develop more ergonomic features or provide new services that are more useful, efficient and / or comprehensive.

 

Your data is used to:

  • Conduct research and development in order to assess and optimize the misterb&b Platform and its Services, and / or develop new features;

  • Send you satisfaction surveys or feedback requests following, for example, the use of certain features or after contacting Customer Service;

  • Track the patterns of behavior of users of the misterb&b Platform to determine their performance, by data profiling according to your interactions with the misterb&b Platform, your search and booking history, your profile data and preferences, as well as other content that you transmit to misterb&b, the purpose of this profiling leading to help optimize the misterb&b Platform.

 

3.3. Facilitate and manage payments made via the misterb&b Platform

 

The processing of your data is here required for the performance of the service contract binding you to misterb&b (as a payment intermediary) and for the compliance by misterb&b with its legal obligations (for example in invoicing).

 

Your data will be processed to:

  • Allow you to make payments for your bookings via the misterb&b Platform;

  • Charge you for the provision of some of the Services (in particular, without limitation, by the payment of misterb&b service fees);

  • Create and make available to you receipts and invoices for payments made on the Site and the Application;

  • Apply the conditions and policies of payments, modifications and cancellation of bookings; 

  • Allow the integration and operation of the payment services provided by the Third-Party Payment Processor(s) with which misterb&b works;

  • Comply with legal obligations (such as anti-money-laundering / fraud regulations);

  • Detect and prevent fraud, abuse, security incidents and other detrimental payment activities;

  • Carry out security inquiries and risk assessments.

 

3.4. Maintaining and strengthen trust and security on the misterb&b Platform

 

The processing of your data is here required for the performance of the agreement between misterb&b and you, as well as for the pursuit of the misterb&b legitimate interest to carry out the verifications, inquiries and operations necessary to (i) fight against harmful or illegal activities on the misterb&b Platform, and (ii) protect users, Members and / or any third-party.

 

Some forms of data processing, for example in the context of the fight against certain illegal activities, is also required by the compliance by misterb&b of its legal obligations.

 

Your data will be processed to:

  • Detect, investigate and prevent fraud, spam, abuse, security incidents and other detrimental, illegal activities or that violate the misterb&b Terms or the laws and regulations in force. In connection with the above activities, misterb&b may perform data profiling based on your interactions with the misterb&b Platform, the information you produce and the content you transmit on the misterb&b Platform, as well as information obtained from third parties. In limited cases, automated processes may consider a transaction/activity to be one of the above activities, and lead to the blocking of this transaction/activity (for example, the suspension of your account or the blocking of content);

  • Carry out security inquiries and risk assessments;

  • Verify or authentify (identification) data transmitted by you (for example, checking the address or registration number of your Rental Property or matching the photo on your ID documentation with another photo sent by you); 

  • Perform data checking using databases or other sources of information (including a police or background check), to the extent and the manner permitted by applicable law;

  • Restrict or suspend access to or use of the misterb&b Platform if misterb&b detects a Member or an activity which, according to misterb&b, represents a security risk or another type of risk for misterb&b, other Members or third parties;

  • Preserve and / or defend the vital interests and fundamental rights of a Member or any other person;

  • Resolve any disputes that misterb&b may have with its Members and users, and enforce contracts that bind misterb&b with third parties. 

 

Please note that in order to best fulfill its objectives of maintaining security on the misterb&b Platform, misterb&b may use automated technologies. The detection by these automated technologies of what may be illegal or suspicious activities, can lead to automated decision-making, such as the partial or total blocking of your misterb&b Account, your content, your Payments/Payouts or your access to and use of certain features. Please note that, if you are a resident of the European Economic Area, you can request a human review by misterb&b of any automated decision-making affecting you. If you are not a resident of the European Economic Area, you can make a similar request, however, misterb&b is not obliged to respond to this request and may do so only to the extent possible and reasonable.

 

3.5. Provide efficient Customer Service

 

The processing of your data is here required for the sake of the pursuit of the legitimate interest that misterb&b considers having, to provide the most effective help possible to users who contact misterb&b by the various existing means of contact. This legitimate interest is combined with your own

interest, since the processing of your data allows misterb&b to properly manage your requests and answer the questions asked.

 

Depending on the matter of your request, the processing of your data may also be required by (i) the performance of the agreement binding you to misterb&b, for example when you submit a complaint concerning the Services, or (ii) the compliance by misterb&b of its legal obligations, when, for example, you submit a complaint aimed at enforcing your consumer rights or concerning personal data.

 

Your data will be processed to:

  • Identify you, identify the other Members mentioned if required in your request and identify the right contact for you;

  • Identify and assess the purpose, cause and / or reasons for your enquiry or your request, carry out the relevant research and obtain any useful details to answer it;

  • Identify and assess your particular situation in the context of spontaneous contact to share with you any information that misterb&b considers useful with regard to your rights, duties and activities on the misterb&b Platform;

  • Resolve disputes between Members, or between misterb&b and a Member;

  • Respond urgently to any request involving the safeguarding of fundamental rights or vital interests of any person;

  • Investigate a harmful action of which you are the perpetrator, or of which you are the subject or which you would witness;

  • Monitor and improve Customer Service responses and practices.

 

3.6. Provide and customize advertising and market the misterb&b Platform

 

The processing of your data is here required for the pursuit of the legitimate commercial interest that misterb&b considers having, to undertake marketing activities to advertise and market the misterb&b Platform and the products and services offered on it, and in doing so, sustain and grow its business activity.

 

In addition, certain processing of your data may be based on your consent, for example, when you agree to (i) receive marketing messages via your email address, (ii) receive notifications on your mobile phone, (iii) conditions for participation in a promotional action (such as the Wheel of Chance), or by publishing content on the misterb&b Platform or misterb&b’ social media.

 

Your data will be processed to:

  • Send you promotional messages, commercial, advertising and other information which may interest you according to your preferences (including information on misterb&b or concerning the campaigns and services of our  partners) and social media advertisements via the third-party Social Networking Sites;

  • Personalize, assess and improve advertising;

  • Perform data profiling on your features and preferences (taking into account, without limitation, the information you provide on and the interactions you have on the misterb&b Platform, your search and booking history, and other information obtained from third parties) in order to send you, as a Member, promotional, commercial information or advertising that might interest you.

  • Set up and manage promotional actions, such as the Referral Program, rewards, surveys, lotteries, contests, or other promotional activities or events supported or managed by misterb&b or its business partners;

  • Invite you to participate in promotional activities (for example, to share your misterb&b Host experience), or events (taking into account your preferences and interests).

 

3.7. Compliance with legal requirements, response to formal notices and preparation for legal proceedings

 

The processing of your data is here required by the compliance by misterb&b of its legal obligations, and the performance of the agreement that you have with misterb&b.

 

Your data will be processed to:

  • Restrict or suspend access to or use of the misterb&b Platform if it is detected that a Member or an activity represents, according to misterb&b, a security risk, a breach of the agreement you have with misterb&b or applicable laws and regulations;

  • Comply with misterb&b’s legal and tax obligations;

  • Comply with an order from the authorities to misterb&b and to formal notices validly issued;

  • Work with local authorities within the framework of voluntary or mandatory agreement and comply with the local regulations governing the activity of misterb&b (in particular as a marketplace) and those of users of the misterb&b Platform (such as, for example, the processing of data in order to comply with the regulations concerning the tax collection applicable to short-term rentals, the transmission of data relating to the income generated by Members via the misterb&b Platform or the control of rental activity and its online advertising).

 

4. Additional information about the processing of your data

4.1. Sexual orientation data

You can identify yourself as “gay” on the misterb&b Platform. Sexual orientation is a category of  data held as "sensitive" or "specific" by several regulations in various States, including the General Data Protection Regulation adopted by the European Union ("GDPR"). This sensitive data is therefore subject to special protection at misterb&b.

 

The legal basis for the collection and processing of this personal data by misterb&b is your consent. Your identification as "gay" on the misterb&b Platform is your full choice, and you can freely change it. To withdraw your consent to the processing of this sensitive personal data, please check the other “gay-friendly” identification from your misterb&b Account. If necessary, misterb&b will not keep any history, in the database, of your previous identification as "gay". misterb&b only collects and processes this personal data for the purposes of information for other Members and users. misterb&b does not use this personal data for commercial purposes and never will.

 

IMPORTANT.

Please note that by providing this data about your sexual orientation, you consent to its publication on the public page of your profile (in the form of a rainbow icon associated with your profile photo), which is visible to any visitor of the Site and the Application.

 

4.2. Additional information about your communications via the misterb&b Platform

 

misterb&b may review, scan or analyze your communications on the misterb&b Platform (send to other Members or in the context of interactions with Customer Service). Such processing is required by the compliance by misterb&b with its legal  obligations as well as the performance of the agreement between you and misterb&b, but also justified by the misterb&b’s pursuit of its legitimate interest in providing and improving the performance of the delivered Services.

 

In particular, the review, scan or analysis of your communications allows misterb&b to (i) comply with common regulations and standards related to content management and the fight against illegal content, (ii) fight against fraud, violation of applicable laws, regulations and misterb&b Terms, (iii) allow Customer Service to carry out effective actions, (iv) conduct research and analysis in order to monitor, develop, improve and optimize the misterb&b Platform.

 

Please note that to carry out these treatments, misterb&b uses automated technologies as much as possible. However, manual human review of certain communications may be necessary, in particular, without limitation, during the mediation offered by Customer Service in the resolution of disputes which may arise between  Members. misterb&b undertakes not to review, scan or analyze your communications in order to send you commercial communications from third parties, and will not sell the results of these reviews, scans and analyzes.

 

4.3. Additional information on commercial communications

 

misterb&b may use your personal data to send you and personalize commercial communications. Such processing of your data is done, depending on localities, based on your consent.

 

You have the right to unsubscribe from the commercial communications that misterb&b sends you at any time. You can exercise this right by clicking on the "unsubscription" or "unregister" link in the marketing emails that misterb&b sends you. Finally, if your personal data is processed for direct marketing purposes, you can at any time ask misterb&b to stop processing your data for these direct marketing purposes by sending an e-mail to data-privacy@misterbandb.com.

 

4.4. Additional information on promotional offers and contests

 

As part of your participation in contests (such as the Wheel of Fortune) or promotional offers (such as misterb&b Gift Cards), you may be required, or freely choose, to provide data to misterb&b. This data will be collected and processed by misterb&b in accordance with this Privacy Policy. However, please note that additional terms and conditions regarding data processing and privacy may apply: you will find them in the specific conditions of these contests and promotional offers.

 

 

5. How long does misterb&b keep your data?

 

misterb&b keeps your profile, yor transactions and communications data, as well as other personal data, as long as you have a misterb&b Account. Other data is stored for a reasonable period of time after its collection: for example, identity verification data is kept for a period not exceeding two (2) years after its collection.

 

Please note that when you request the deletion of your data, it will be deleted immediately, except in the cases and for the time periods explained in section 8.1.

 

 

6. Data sharing

 

To provide you with access and use of the misterb&b Platform, as well as to ensure its maintenance and development, misterb&b is required to share data with a certain number of actors, as described below.

 

6.1. Data sharing within the misterb&b corporate group

 

To ensure access to and use of the misterb&b Platform, as well as to maintain and develop it, misterb&b performs data sharing amongst entities of the misterb&b group of companies.

  • Sharing with SFO84, INC. (misterb&b US). Even if you do not live in the United States, your data is shared with SFO84, Inc., which provides the technical infrastructure for the misterb&b Platform.

  • Sharing with Pinklab360 (misterb&b Europe). Even if you do not live in the European Economic Area, your data may be shared with misterb&b Europe for the provision, maintenance and development of the Services, and the advertising activity of misterb&b.

  • Sharing with Pinklab360 Peru. Even if you do not live in Peru, data necessary for the provision of Customer Service assistance, payment services, and services aimed at ensuring trust and security between Members may be shared with Pinklab360 Peru.

 

6.2. Sharing with other Members

 

Some of your data may be shared with other Members. Naturally, such sharing to other Members never concerns your payment and billing data.

 

The sharing of your data, by misterb&b, to other Members takes place in the following cases in particular:

  • Facilitation of bookings and communications between Members. In order to enable the booking process to run smoothly, and allow you to exchange with other Members regarding bookings and stays details, misterb&b shares the necessary data with the relevant Members.

  • Interests. You can specify your interests (via various predefined fields) in your misterb&b profile. These interests then become visible to other Members. Other Members can view your interests on your profile. Other Members may also, when searching for a booking, filter Hosts according to the interests that you have in common.

  • Stay data. When you book an accommodation (a Rental Property or Professional Lodging) available on the misterb&b Platform, you can decide wilfully to share with other Members  your dates of stay, your profile photo and the name of the accommodation, in order to increase the opportunities of meeting other Members during your stay. Please note you can make such a choice from your misterb&b profile or when booking said accommodation. 

  • When you file a complaint with our Customer Service for a dispute between you and another Member, or are the subject of such a complaint by another Member, misterb&b may share, when it seems reasonable and / or necessary, some of your data with the Member with whom you are in dispute, in order to confront and verify the version of events reported to us, and to provide the fairest and most effective mediation possible.

 

6.3. Sharing to the general public

 

You can post, via the misterb&b Platform, data, including personal data, available to the general public (that is to say available to any person without that person needing to register on the misterb&b Platform).

 

For example, these include the following data:

  • Some parts of your misterb&b profile, such as your first name, your city of residence, your text description, your profile photo or your Listing(s);

  • Your Listing(s) can be seen by the general public and can show data about you and your lifestyle, such as the approximate location of the Rental Property, its description, the calendar of your availability;

  • Guest Reviews and Ratings posted by Hosts and Guests with whom you had bookings, and Recommendations posted by your Facebook contacts, may appear in various places on the misterb&b Platform (for example, your misterb&b profile public page and your Listing(s));

  • If you post review on the City Guides blog (for example, a review of a particular establishment), or in one of misterb&b's social media accounts (for example, a comment or a 'like' in one of the posts published by misterb&b on his Instagram or Facebook account), this content is made public.

 

Please note that the data that you share publicly on the misterb&b Platform may be indexed via third party search engines. misterb&b has no control over the practices of third-party search engines, which may use cache memories containing personal data that is no longer updated or that you have indicated that you no longer wish to share publicly on the misterb&b Platform.

 

6.4. Data sharing with official authorities

 

misterb&b may be required to disclose data, including personal data, to official authorities (such as government authorities, tax authorities, administrative authorities responsible for law compliance and enforcement, judicial authorities) or to third parties authorized by these authorities.

 

When required or permitted by law (in the context of voluntary collaboration), such disclosures to the authorities described above may occur in the following situations:

  • Disclosure to enable misterb&b to comply with its legal and / or tax obligations, including, without limitation, the obligation to transmit data relating to the rental activity (including, the amount of income generated) and the identity of its Members to the relevant authorities;

  • Disclosure due to misterb&b's duty to respond to legal requests addressed to it, in due form, by the authorities described above;

  • Disclosure, spontaneously or at the request of the authorities described above, of any alleged or suspected illegal activity requires, or any other activity that subjects or may subject misterb&b (including, its directors, its employees), its partners, its Members or its users to legal liability;

  • Disclosure, spontaneously or at the request of the authorities described above, of any alleged or suspected illegal activity requires, or any other activity which undermine or could undermine the rights, property or personal security of misterb&b (including, its directors, its employees), its partners, its Members, its users and the public.

 

Collection of taxes applicable to short-term rentals. Please note that misterb&b collects taxes applicable to short-term rentals in a number of localities. In these localities, misterb&b is authorized, or required, to disclose the data necessary for reporting and remitting the taxes collected. This may include data relating to relevant bookings and transactions, as well as, for example, data relating to the identity of the Host and / or Guest, the tax identification of the Host, the identification of the Rental Property (for example, address, type of accommodation). Please note that whenever possible, misterb&b reports and pays the collected taxes so as to preserve the anonymity of Hosts and Guests as much as possible.

 

Registration of rental activity with local authorities. Please note that misterb&b encourages or requires the rental activity to be regular, and that such rental activity and / or the Rental Property has been registered with, authorized or licensed by the local administration, when required by local regulations. In some cases, because the law or regulations require it or for the implementation of a voluntary collaboration agreement made with an authority described above, misterb&b may transmit data concerning the legal situation of the rental activity and / or Rental Property to said authorities. If necessary, misterb&b may be required to transmit data relating to the relevant bookings and transactions, the identity of the Host and / or the Guest, the tax or administrative identification (registration or license number) of the Host, the identification of the Rental Property (for example, address, type of accommodation) as well as the details of the Host or the URL of the Listings he has posted on the misterb&b Platform.

 

6.5. Data sharing with service providers

 

misterb&b uses various third-party service providers to help it provide the Services related to the misterb&b Platform, including, without limitation, payment services, identity verification, customer support and advertising. These service providers are based in Europe and North America.

 

The access enjoyed by these providers is limited to the only information required for the fulfillment of their assignments. Furthermore, misterb&b requires its service providers, by contract, to (i) protect the data transmitted; (ii) use the data transmitted for the sole purposes decided by misterb&b; and (iii) destroy the transmitted data once the relevant assignment has been completed.

 

6.6. Data sharing with channel managers and Partner Agencies

 

misterb&b may share data about your identity and your bookings with entities responsible for broadcast channels of tourist accommodation supply (also called “channel managers”), or with Agency Partner(s) sharing on the misterb&b Platform the supply created on their own platform by their users.

 

The purpose of sharing this data with the channel managers and Partner Agencies is the facilitation and / or making of bookings carried out via the misterb&b Platform. Data is not shared with the aforementioned recipients for marketing use by them.

7. International data transfers

misterb&b's activity is international. Thus, misterb&b may have to transfer, store and process your data in and outside of the European Economic Area.

 

Applicable data protection laws and regulations vary among localities. When personal data collected by misterb&b within the European Economic Area is transferred, stored and processed outside of it, misterb&b ensures the implementation of appropriate protection measures to ensure a proper level of data protection.

 

7.1. Group of companies

 

misterb&b may have to transfer, store and process your data in the misterb&b group of companies based in France, the United States and Peru.

 

The transfer of your data from the European Economic Area to the United States is framed by an agreement based on standard contractual clauses of the European Union (as approved by the European Commission).

 

By accepting this Privacy Policy, you consent to the transfer of your personal data to Peru.

 

7.2. Providers and partners

 

misterb&b may have to transfer data to suppliers and service providers, as well as to its partners, located outside the European Economic Area.

 

On such occasions, transfers of data collected within the European Economic Area to suppliers and service providers located outside of it, are supervised either by an adequacy decision from the European Commission confirming an adequate level data protection in the non-EEA country in question (see map here), or an agreement based on standard contractual clauses of the European Union (issued by the European Commission).

 

 

8. Your rights

 

You have certain choices regarding your personal data. You will find below a summary of these choices, how to exercise them and any restrictions that may apply.

 

8.1. Deletion of your data

 

You can disable / delete your misterb&b Account at any time, by going to the "My Account" section then "Account settings".

 

Please distinguish the deactivation of your misterb&b Account, which allows you to not be visible to other Members temporarily, from the deletion of your misterb&b Account, final action which leads to the deletion of the data associated with the misterb&b Account. If you are a Host, and want to disable a Listing, you can do so without deactivating your misterb&b Account by making the Listing inactive in your Listing management space from your misterb&b Account.

 

Once your misterb&b Account has been deleted, all bookings you currently have as a Host or Guest will be automatically canceled.

 

You will not be able to reactivate a deleted misterb&b Account, or access the data associated with it. If you wish to re-connect to the misterb&b Platform, you will have to re-create a misterb&b Account without being able to associate or recover the data from your old misterb&b Account.

 

When you request the deletion of your data, it will be deleted immediately, unless:

  • The applicable regulations allow, or require, the storage of data for a given period (billing data for example);

  • Data is required for the establishment, exercise or defense by misterb&b of its legal rights, for example, in the event of an unpaid balance, claim or unresolved dispute; the data will then be deleted once the dispute ends;

  • Data is required for security and fraud prevention purposes, for example, when misterb&b deletes a user's misterb&b Account due to unsafe behavior or security-related incidents, retaining data may be required to ensure that this user does not create a new misterb&b Account in the future.

 

Please note that it is possible that misterb&b may dissociate certain data or carry out their anonymization in order to keep using them after your deletion request, in a way that such data will not allow the identification of your person anymore.

 

8.2. Your rights to data protection as a resident of the European Economic Area

 

As a resident of the European Economic Area, you are entitled to certain rights about the processing of your data. Please find below the nature, the limits and the manner of exercising these rights.

 

8.2.1. Data access

 

You have the right to request misterb&b access to the data that misterb&b has about you. Please note that if you are a Member of the misterb&b Platform, much of this data can be accessed from your misterb&b Account.

 

8.2.2. Data management and rectification

 

You can access, correct or update some of your data in the settings of your misterb&b Account. When you cannot access, correct or update some of your data in the settings of your misterb&b Account, you have the right to request the rectification of this data via Customer Service, or by using the contact details specified at section 10.

 

You are responsible for keeping your personal data up-to-date, when you can modify them yourself from your misterb&b Account. Any damage or loss caused to the misterb&b Platform, to the misterb&b Platform responsibles, or to any other third party on the grounds of providing incorrect, inaccurate or incomplete data is your exclusive responsibility.

 

If you have chosen to connect your misterb&b Account to a third-party application, such as Facebook or Google, you can change your settings at any time and withdraw the authorization to connect to the third-party application by changing the settings in your misterb&b Account.

 

8.2.3. Data portability

 

As described in section 3, when the processing of your data is based on your consent or the performance of the contract with misterb&b, you have the right to request the portability of your personal data. This means that you will have the right to receive the personal data that you have provided to misterb&b, in a structured format, in current

use and machine-readable form, in order to be able to transfer it directly to another entity, provided that is technically possible.

 

8.2.4. Withdrawal of consent

 

You can freely withdraw your consent, at any time, for any processing of your data that misterb&b performs on the basis of your consent. Please note that the withdrawal of your consent has no effect on the lawfulness of the processing carried out on the basis of your consent before its withdrawal.

 

8.2.5. Objection to the processing of your data

 

You can ask misterb&b not to use your personal data for certain specific purposes (including data profiling) if said processing is based on a legitimate interest. If you object to this processing, misterb&b will no longer process your personal data for these  purposes, unless misterb&b can demonstrate (i) serious and legitimate reasons for this

processing which prevail over your own interest, or (ii) that this processing is required for the establishment, exercise or defense of legal claims.

 

8.2.6. Limitation of the processing of your data

 

You can ask misterb&b to limit the processing of your data, which involves:

  • Temporarily suspend the processing of the relevant data, in the cases where (i) you dispute the accuracy of your personal data, or (ii) you have raised an objection to the processing and wish to limit the use of your data while waiting for the review on the whether the legitimate interests of misterb&b prevail over yours;

  • Temporarily keep the relevant data beyond the time required if you need it (i) in the cases where you consider the processing to be illegal, or (ii) to establish, exercise or defend legal claims.

 

8.3. Complaint

 

You have the right to file a complaint concerning the data processing carried out by misterb&b with the Data Protection Officer of misterb&b, which you can reach at dataprivacy@misterbandb.com.

 

If you live in one of the member States of the European Economic Area, you can also file a complaint with the French Data Protection Authority (Commission Nationale de l’Informatique et des Libertés – CNIL), the main supervisory authority of misterb&b, or with your local supervisory authority (see contact information of local supervisory authorities here).

 

9. Modification of this Privacy Policy

misterb&b will notify you of any significant changes to this Privacy Policy by sending an email to the email address provided to create your misterb&b Account. This notification will take place at least thirty (30) days before the effective date of the changes made and misterb&b will give you the opportunity to consult them on this page.

 

If you disagree with the terms of the new Privacy Policy, you can delete your misterb&b Account. If you do not delete your misterb&b Account before the effective  date of the new Privacy Policy, you indicate that you agree to be bound by the new Privacy Policy.

10. Contact misterb&b

If you wish to receive any additional information concerning the processing of your personal data by misterb&b, or seek to exercise your rights, please find the relevant contact details below:

 

  • Pinklab360 (“misterb&b Europe”)

Postal address: 5, Rue Geoffroy-Marie, 75009 PARIS, FRANCE

E-mail of the Data Protection Officer: data-privacy@misterbandb.com 

 

  • SFO84, Inc. (“misterb&b U.S.”)

Postal address: 584, Castro Street, SAN FRANCISCO 94114, CA, UNITED STATES

 

E-mail of the Data Protection Officer: data-privacy@misterbandb.com