Legal, Terms of Service and Privacy Policy

HomeToGo GmbH, represented by its managing directors Dr. Patrick Andrae, Wolfgang Heigl, Valentin Gruber, and Steffen Schneider.

Pappelallee 78/79

10437 Berlin

Germany

Registered at Local Court Berlin-Charlottenburg, HRB 155381 B

VAT: DE293800056

E-Mail: [email protected]

European Commission Platform for Online Dispute Resolution

The European Commission Platform provides a platform for Online Dispute Resolution. You can find this platform under the following link: ec.europa.eu/consumers/odr/

HomeToGo does not participate in, or is obliged to participate in, an online dispute resolution before a consumer dispute resolution institution.

1. General

(1) HomeToGo GmbH, Pappelallee 78/79, 10437 Berlin, Germany (“HomeToGo”), operates an internet and marketing platform for overnight stay accommodations, holiday rentals, particularly holiday apartments and holiday homes, under different domains and as an app (“Platform”).

(2) On the Platform, offers of holiday apartments, holiday houses and other overnight travel accommodations of third parties (“Offers”), which cooperate with HomeToGo (“Provider”), are displayed. HomeToGo acts as an intermediary. No package travel or related services are brokered.

(3) Via the Platform, end users can search for Offers (“Users”) and inquire or book either after being forwarded to the website of the respective Provider or directly on the Platform.

(4) The use of the Platform is exclusively subject to these T&Cs in the version applicable at the time the Platform is accessed.

(5) The use of the Platform is only permitted for private use. The Platform may not be used for false or fraudulent purposes.

(6) HomeToGo reserves the right to exclude Users from using the Platform in certain cases, especially if the User

- contravenes sec. (5) above;

- accesses the Platform by using a manual or automated process that exceeds the purpose of personal use or the inclusion of HomeToGo into a search index;

- uses automated systems or a software to extract data from the Platform (so called screen scraping), either for commercial or non-commercial purposes;

- circumvents existing restrictions in robot-exclusion-headers or in other measures that restrict or prevent the access to the Platform;

- uses a device, software or program that affects or tries to affect the regular functionality of the Platform, or

- carries out an act that inappropriately strains HomeToGo’s servers, computer or network.

2. HomeToGo‘s Services

(1) HomeToGo is a technical service provider and enables its Users to search for Offers that can either be booked after a redirection to the Provider’s page or directly on the Platform. HomeToGo does not publish own offers or rent out Offers.

(2) HomeToGo offers the possibility for Users to search purposefully for Offers published by Providers on the Platform. After a search, HomeToGo (i) redirects Users to the Provider’s website and enables the User to get directly into contact with the respective Provider, or (ii) offers a possibility for Users to directly book or inquire a specific Offer on the Platform (“Direct Booking”). In both cases (i and ii), HomeToGo is not the provider of the presented Offers. In particular the use of the Platform does not give rise to a travel contract or a similar type of contract pursuant to §§ 651a et. seq. German Civil Code (BGB). HomeToGo only acts as a search service or as an intermediary for Direct Bookings.

(3) The use of the Platform is free of charge, unless otherwise indicated. For individual Offers that are advertised through HomeToGo’s Direct Booking, a service fee may be charged for arranging the secure Direct Booking via an integrated payment service provider, which is then clearly listed.

(4) The appearance and sort order of Offers on the Platform’s search results pages is based on a dynamic, self-learning algorithm and may vary based on a number of different factors. One of these factors is the particular combination of search criteria entered by each User on the Platform. Those criteria may include such variables as destination, price, number of guests, type of accommodation, specific property attributes and amenities. Additionally, HomeToGo receives compensation from the Providers. This compensation is another factor that affects the appearance and sort order of search results. Providers who do not pay HomeToGo are not listed. The sort order of Offers may further be influenced by user-selected sort preferences (i.e., popularity, value, guest ratings), as well as other variables that include such parameters as ranking among similar properties and overall performance metrics. To ensure the functionality of each search query, the number of displayed search results may be limited if it exceeds a purposive maximum.

(5) Providers make their Offers available on the basis of cooperation and license agreements, which entitle HomeToGo to use and distribute the respective content, prices and availability in its entire distribution network in order to advertise the Offers.

(6) HomeToGo is entitled to provide services by third parties.

(7) HomeToGo may deactivate or restrict access to the Platform, if necessary, for maintenance work or other purposes. Users have no claim to uninterrupted availability of the Platform.

3. Contractual Relations and Settlement

(1) Booking or rental contracts of Offers are solely concluded between the respective Provider, respectively property owner and the User. HomeToGo remains unaffected from any contractual regulation, agreement or claim existing between the User and the Provider. Bookings/inquiries or rentals shall be governed by the terms of service of the Provider (and in individual cases plus the respective property owner’s terms, if the Provider does not rent the accommodation directly), particularly with regard to the right of cancellation and withdrawal. The User therefore enters into one (or more) additional terms of service before a Direct Booking. The User is obliged to read and accept these additional terms of service and is bound by them.

(2) In case of redirections, the Provider remains the sole point of contact for booking and payment processes, as well as any questions relating to the rental contract, as HomeToGo is not able to provide any information on these matters.

(3) Solely in case of Direct Bookings via an integrated payment service provider set out below, HomeToGo may be contacted for booking and payment processes, as well as disputes arising from such Direct Bookings. For the avoidance of doubt, also for Direct Bookings the rental contract remains between the Provider, respectively property owner and the User, while HomeToGo acting as intermediary may support the User in managing transactions, refunds, cancellations and disputes with first line customer support only in cases of transactions via the integrated payment service provider. In all other cases of Direct Bookings disputes need to be settled with the Provider, as HomeToGo does not facilitate payment processes through the aforementioned payment service provider and hence is not able to manage any refunds, cancellations or other potential transactions.

(4) The contractual setup also applies for Direct Bookings via the Platform when HomeToGo captures the User’s data and information for the purpose of mediating a Direct Booking to the Provider. The respective User and HomeToGo only enter into a mediation contract through which the statements and necessary information of the User are passed on to the Provider. As far as stated, a non-refundable service fee will be charged by HomeToGo for these services. The service fee varies and will be indicated at the time of booking. If a different currency or a specific payment method is used, the total amount may be amended based on currency exchange rates and/or bank fees.

(5) Payments made via indicated payment methods (such as credit card, invoice, bank transfer) within the framework of Direct Bookings will be settled in individual cases via a so-called PCI-compliant payment service provider. The payment service provider thereby receives the payment from Users for the Provider on a separate account of the Provider and pays the Provider the corresponding amount. Payments facilitated that way are processed for and on behalf of the Provider and settle the amount due for the Direct Booking.

(6) In order to prevent unauthorised use or fraud, identity or credit checks may be carried out for individual payment methods by the payment service provider or by one of the integrated other payment method providers (e.g. Klarna) if the User has chosen a corresponding payment method (e.g. invoice). Details on data processing can be found in the Privacy Policy.

4. Prices

(1) The prices indicated in the Offers are set by the Providers and updated at least once daily.

(2) Prices shall be deemed total prices for the respective Offer. Prices are displayed per night by default, where applicable, plus any selected/booked extra services or binding variable incidental costs payable online or on site. Users may change the settings and see prices per stay for a chosen time frame. The Provider is solely responsible for the correct and complete display of prices. HomeToGo uses best endeavours to gather all costs and to display complete prices. However, when redirected to the Provider’s website, further costs may be indicated which do not occur on the Platform itself.

(3) HomeToGo does not guarantee the accuracy of displayed prices or other information. After a redirection, Users are responsible to check the details on the Provider’s website before booking.

(4) In case a service fee is charged for Direct Bookings via the payment service provider set out above, the exact amount (and if applicable, any VAT included) is displayed to Users at the time of booking.

5. User accounts

(1) For some services or functionalities offered on the Platform, setting up a user account is required.

(2) A user account can be set up with the personal email address (also via Google) or the personal profile of a social network (e.g., Facebook). A user account is also created when a User subscribes to newsletters or when an Offer is inquired or booked via Direct Booking.

(3) If a user account is set up via a social network or via Google the data transferred by the social network, respectively, Google is used for the creation of the user account. Further information can be found in the Privacy Policy.

(4) The User has to take care of the accuracy and completeness of the given information on his/her person. The User is responsible to both HomeToGo and third parties for the use of his/her user account. Therefore, the User is obliged to keep his/her user account data confidential and may not give it to third parties. The User is obliged to inform HomeToGo of any (suspicion of) unauthorized use of his/her user account.

(5) The user account can be accessed from any device. The user receives a personal login link via email or can use the personal profile of a social network used for the registration to log in.

(6) HomeToGo reserves the right to temporarily block user accounts, to irrevocably delete them, or to take other necessary measures if the user violates applicable laws, these T&Cs or other applicable contractual terms.

(7) The deletion of a user account can be initiated by an email to [email protected].

6. Privacy

(1) HomeToGo gives the highest priority to protecting personal data provided by Users.

(2) Personal data is only collected, processed and used with the User’s consent or where this is permitted by law. Details are set out in the Privacy Policy.

(3) In the context of Direct Booking, the necessary data of Users are passed on to the respective Provider, whereby HomeToGo and the Provider are independently responsible for the data processing within the framework of the individual contractual relationship.

7. Liability

(1) The Providers are responsible for the Offers they integrated and linked on the Platform and for any declarations associated with them. HomeToGo does not take over responsibility for the accuracy of the information made available by the Providers or for the fact that information is up to date. Therefore, HomeToGo is not liable for the accuracy, quality, completeness, reliability or credibility of the Provider’s content. In particular, this applies to pictures in the Offers and/or ratings of Users.

(2) HomeToGo is only liable for damages, regardless of legal basis, caused by deliberate intent and gross negligence. There is no liability for simple negligence except in cases of injury to life, body or health and for claims arising under the Product Liability Act. In addition, HomeToGo is liable for each negligent breach of a fundamental contractual obligation, that means obligations that make the orderly implementation of the contract possible in the first place and the observance of which the contract partner regularly relies on and can expect to rely on.

(3) As far as HomeToGo’s liability is excluded or limited pursuant to sec. (2), this also applies to the personal liability of its employees, representatives and agents.

(4) As HomeToGo is not the contracting party for the Direct Booking, the User shall primarily contact the respective Provider for cancellations (revocation or withdrawal). HomeToGo may use best efforts to assist the User with cancellations acting as intermediary. However, HomeToGo is not responsible for the availability of the Offer, the successful delivery and the satisfactory performance of booked Offers. Any claims need to be brought against the relevant Provider.

(5) If user-generated content or posts by third parties are displayed on the Platform, HomeToGo does not appropriate them (i.e. adopt them as its own).

(6) Liability for force majeure is excluded.

8. Changes to the T&Cs

(1) HomeToGo retains the right to make changes to the T&Cs with appropriate notice.

(2) When the User does not object to changes within six weeks from the announcement date, the amended T&Cs shall be deemed accepted by the User. Users shall be reminded of this within the announcement of changes.

9. Final Conditions

(1) The laws of the Federal Republic of Germany apply, excluding the UN Convention on the International Sale of Goods (CISG). Unless the protection of consumers is withdrawn by mandatory provisions of the law of the state in which the consumer has his/her habitual residence, the applicable law shall only apply to the extent that it is legally binding.

(2) Should one of these terms of service become invalid in whole or in part, or contradict legal stipulations, this does not affect the validity of the remainder of the contract.

(3) The European Commission provides a platform for online dispute resolution, available under the following link: ec.europa.eu/consumers/odr/. HomeToGo does not participate in, or is obliged to participate in, an online dispute resolution before a consumer dispute resolution institution.

(4) Even if services including these T&Cs are offered and outlined in English, in any case of any deviation between the English and the German version, the German language version will prevail. The German version can be found under the following link: https://www.hometogo.de/impressum/#agb.

Version 2 (December 2020)

Data privacy is a matter of trust and your trust matters to HomeToGo. It is therefore important to us that your personal data is protected and that its collection, processing and use in relation to HomeToGo's services in our app and on our website hometogo.co.uk complies with the law. In this Policy, we want to tell you about how we collect and use data, in order to give you an overview of how your personal data will be used.

1. Overview

The following Privacy Policy contains information about the way and extent to which personal data is processed by HomeToGo. Personal data is information that can be directly or indirectly attributed to or associated with you personally, such as your name or your email address.

2. Name and contact details of the controller responsible for processing and the company's Data Protection Officer

This Privacy Policy applies to the data processing performed by HomeToGo GmbH, Pappelallee 78/79, 10437 Berlin (the "controller", hereinafter "HomeToGo"), to be contacted at [email protected] and for the following website or application: www.hometogo.co.uk.

The company Data Protection Officer of HomeToGo can be reached at [email protected] (Waterside DS GmbH, Bergstr. 28, 22095 Hamburg, Germany).

3. The purposes for which data is processed, the legal basis and legitimate interests pursued by HomeToGo or a third party, as well as categories of recipients

3.1. Accessing our website/application

When you access our website/application, the browser used on your device automatically sends information to the server of our website/application and temporarily stores it in what is known as a log file. We have no control over this. The following information will also be collected without any action on your part and be stored until it is automatically deleted:

·        the IP address of the requesting internet-enabled device

·        the date and time of access

·        the name and URL of the retrieved file

·        the website/application from which access took place (the Referrer URL)

·        the browser you are using and potentially the operating system of your internet-enabled computer, as well as the name of your access provider

·        the device used (e.g., a desktop computer or a smartphone)

·        the language of the browser you are using

The legal basis for processing your IP address is Article 6 (1) (f) of the General Data Processing Regulation (GDPR). Our legitimate interest is based on the purposes of data collection listed below. We would like to point out that we are unable to draw any direct conclusions regarding your identity from the data that is collected and that we refrain from doing so.

We use the IP address of your device and the other data listed above for the following purposes:

·        ensuring that a trouble-free connection is established

·        ensuring the comfortable use of our website/application

·        the evaluation of system security and stability

The data will be erased as soon as it is no longer required for the purpose of its initial collection. In the case of data collection to enable making the website available, this is the case when the respective session ends. The data is stored in log-files for a period of up to 6 weeks and is then deleted automatically so that it is no longer possible to allocate the user.

We also use what are known as cookies for our website/application, as well as tracking tools, targeting methods and social media plug-ins. The exact procedures used and how your data are used for this purpose are explained in more detail below.

3.2. Creating and using a user account, bookings, booking inquiries and HomeToGo Money-Back Guarantee

3.2.1. Creating an account

When you create a user account with us, we process personal data in the following alternative manner:

·        when logging in using Google (social login), your Gmail address and the information transmitted from your Google account (names, profile picture, link to your Google account and top-level domain, gender and hosted domain)

·        when logging in using Facebook (social login: Facebook Connect), your email address and the public information from your Facebook account (names, profile picture, age range, gender, language, country and other public information)

·        on Apple devices in our App when logging in via Apple (Apple login) your email address and name stored in your Apple account (according to your settings in your Apple account you can also hide this data and have an email address generated by Apple sent to us)

·        when logging in using your email, your email address

Likewise, a user account is created when you enter your email address and then make a booking or booking inquiry through our website (see section 3.2.2.), or if you choose the HomeToGo Money-Back Guarantee (see section 3.3.), or if you subscribe to our newsletter (see section 3.5.1). These services require the setup of a user account for technical reasons, storing email address, name and travel dates.

In addition, you may store the following data in a user account:

·        your first and last name

·        (optionally) your gender

·        (optionally) your date of birth

·        your address

·        your completed bookings (with information on your travel dates, number of guests, booking number, partner)

When you book directly via HomeToGo’s Direct Booking (see section 3.2.2.) your name, address and booking information will be stored in your user account in the “My Bookings'' section for invoicing and tax calculation purposes, if applicable and needed.

Furthermore, you may adjust your settings for language and currency as well as newsletter preferences (particularly on frequency and content) in the user account.

Each time you log in, technical information is stored about your device and your browser, as well as information about your searches. This helps us to improve your overall user experience on the website, as well as the overall services.

The legal basis for this is Article 6 (1) (b) and (f) of the GDPR. You provide us with data based on the contractual relationship between you and us. Our legitimation is also derived from the protection of your identity and the prevention of fraudulent activity.

We will delete the collected data no later than three years after your termination of our platform’s usage contract, unless legal requirements apply under which we need to store your data for a longer period.

3.2.2. Bookings and booking inquiries as well as payment processing

We do not offer travel services ourselves. Rather, we enable you to book travel services offered by our partners.

When a booking inquiry is received, we collect the following data in order to forward it to our partners and provide our Direct Booking services:

·        the desired arrival and departure dates

·        your first and last name

·        the number of guests

·        your email address

·        (optionally) your message to the landlord

When you make a booking, we additionally collect the following data:

·        the arrival and departure dates

·        your address

·        your phone number

·        (optionally) selected extras

·        the payment method, whereby payment processing is – unless otherwise indicated – performed by Datatrans payment service (Datatrans AG, Kreuzbühlstrasse 26, 8008 Zurich, Switzerland), with whom we have concluded a data processing agreement

The collection of the aforementioned data and its transmission to our partners is a pre-contractual step that is required to enter into the contract with your respective partner (Article 6 (1) (b) GDPR).

When you make a booking via HomeToGo’s Direct Booking the payment processing may alternatively be performed by a payment service provider with whom we have concluded a data processing agreement. This payment service provider processes all data (name, payment details such as credit card/bank transfer information, billing address, cookie information or other data) necessary for the secure and valid payment transaction, fraud detection, risk assessment, or settlement method for the purpose of carrying out the payment within a booking by paying out the applicable amount to the correct partner and the service fee, if applicable, to HomeToGo. The reverse mechanism applies for cancellations, if a full or partial refund is instructed the payment service uses your payment data in order to pay the amount of the refund back to your account used initially for the payment.

The legal basis for processing your payment data is Article 6 (1) (f) GDPR. Our legitimate interest is based on our business interest to provide the Direct Booking services to you while we protect your personal data through a data processing agreement with the payment service provider. We would like to point out that we do not collect your sensitive payment information like your credit card details. Transactions are processed by the aforementioned PCI-compliant payment service. By clicking on one of the offered payment methods (e.g. credit card, invoice) you consent to the use of the payment service, the outsourcing of such service and the related transfer and processing of your data.

To be able to offer Klarna’s payment methods to you, we pass your personal contact data (such as name, address and email) – with your consent – to Klarna, so that Klarna may assess whether you qualify for their payment methods and to tailor those payment methods for you. The personal data transferred is processed as described in Klarna’s Privacy Policy: https://www.klarna.com/international/privacy-policy/.

3.3. Creating an account with HomeToGo Money-Back Guarantee

If you choose the HomeToGo Money-Back Guarantee within a Direct Booking, a user account is automatically created. The HomeToGo Money-Back Guarantee is an insurance provided by AWP P&C S.A. (Allianz Global Assistance, hereinafter “insurer”) with whom we have concluded a group insurance contract.

To record you and your fellow travellers as beneficiaries, the following data are collected and passed on to the insurance intermediary, Kasko Germany UG:

·        the arrival and departure dates

·        your first and last name

·        your address

·        your email address

·        your phone number

·        booking date

·        booking number

·        insured sum

We only store the data for the purpose of processing the insurance contract for the duration of the insurer’s contractual obligation towards you as the beneficiary. Legal basis is Article 6 (1) (b) GDPR.

3.4. Social logins (logging in with Facebook or Google)

3.4.1. Facebook Connect

When you log in through Facebook Connect, a direct connection is created to the servers at Facebook, 1601 South California Avenue, Palo Alto, CA 94304, USA ("Facebook"). Facebook detects that you have used your login information from HomeToGo as part of this process.

If you have expressly given your consent to Facebook pursuant to Article 6 (1) (a) of the GDPR, your personal data will be transmitted to us as part of the registration process via the social login. We use the following information from the transmitted data, which is stored by us until it is automatically deleted:

·      your email address

·      your Facebook profile name (first and last name)

·      the profile and wallpaper image you use on Facebook

·      your age group (over 18, over 21 years old)

·      a link to your Facebook account

·      your gender

·      the top-level domain of your logged-in Facebook account

·      the time zone in which you are on Facebook

This data is used to

·      identify you as our contractual partner

·      set up your user account

·      check the entered data for plausibility

The legal basis for the use of this data is Article 6 (1) (b) GDPR. Using this data enables us to fulfill our contractual obligations which arise from our Terms of Service (Article 6 (1) (b) GDPR). We will delete the collected data no later than your termination of our platform’s usage contract.

You can block the connection within your Facebook account.

Please refer to Facebook’s Privacy Policy for details regarding the purpose and scope of the data collection and further processing and use of the data by your service provider, as well as regarding your associated rights and the settings options you can use to protect your privacy (https://www.facebook.com/about/privacy/).

3.4.2. Logging in with Google

When you log in with Google by selecting "G continue with Google", a direct connection is established with the servers of Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland ("Google"). Google detects that you have used your login information from HomeToGo as part of this process. We do not obtain your Google Account information. Google then informs you that data from your Google Account will be made available to us and indicates the specific data in question.

Registration with and the use of Google are governed by Google's Privacy Policy and terms of service (https://policies.google.com/privacy?hl).

If you have expressly given your consent to Google pursuant to Article 6 (1) (a) of the GDPR, your personal data will be transmitted to us as part of the registration process via Google. We use the following information from the transmitted data, which is stored by us until it is automatically deleted:

·      your email address

·      your name on your Google account (first and last name)

·      the profile image (or the avatar) used on Google

·      a link to your Google account

·      your gender

·      the top-level domain of your logged-in Google account

·      the user domain you manage on Google (hosted domain, HD)

This data is used to

·      enable us to identify you as our contractual partner

·      set up your user account

·      check the entered data for plausibility

The legal basis for the use of this data is Article 6 (1) (b) GDPR. Using this data enables us to fulfill our contractual obligations which arise from our Terms of Service (Article 6 (1) (b) GDPR). We will delete the collected data no later than your termination of our platform’s usage contract.

You can block the connection within your Google account.

Please refer to Google’s Privacy Policy for details regarding the purpose and scope of the data collection and further processing and use of the data by Google, as well as regarding your associated rights and the settings options you can use to protect your privacy (https://policies.google.com/privacy?hl).

3.4.3. Email service

We use the SendGrid service of Twilio / SendGrid, Inc., 1801 California Street, Suite 500, Denver, Colorado 80202, USA, to send some emails (booking and inquiry confirmations and notifications, as well as advertising). Your email address and your first and last name will be processed to personalize the emails sent. A data processing relationship is in place with Twilio / SendGrid.

The legal basis for this is the fulfillment of our contractual obligations pursuant to Article 6 (1) (b) GDPR or the consent pursuant to Article 6 (1) (a) GDPR that you may revoke at any time. The lawfulness of the data processing already carried out remains unaffected by the revocation. There is a legitimate interest to process data through Twilio / SendGrid pursuant to Article 6 (1) (f) GDPR.

Further information can be found in Twilio / SendGrid’s Privacy Policy (https://sendgrid.com/policies/privacy/). 

3.5. Data processing for advertising purposes

3.5.1. Newsletter

On our website, we offer you the opportunity to sign up for our newsletter. In order to be sure that no errors have occurred when entering your email address, we use what is known as the double opt-in process: after you have entered your email address in the registration field, we send you a confirmation link. Your email will only be added to our mailing list after you click on this confirmation link. You can revoke your consent provided in this manner at any time with effect for the future. To do so, you need only click the unsubscribe link.

3.5.2. Product recommendations

We send you emails which contain product recommendations. You will receive these product recommendations regardless of whether you have subscribed to a newsletter. We do so in order to provide you with information about products from our offerings that may interest you based on your recent searches.

If you do not want to receive product recommendations from us, you can let us know at any time. You can find our contact details under section 2. Naturally, you will also find an unsubscribe link in every email.

3.5.3. Interest-based advertising

In order for you to receive information that is likely to be of interest to you, we categorize your user profile. To do so, we use information about your searches to customise the newsletter articles and promotional emails we send you. The goal is to send you advertising that is oriented towards your actual needs and to avoid sending unnecessary advertising.

The legal basis for the aforementioned processing is Article 6 (1) (f) GDPR. Processing existing customer data this way for advertising purposes is deemed to be a legitimate interest.

3.5.4. Push notifications

In our application we offer the possibility to activate push notifications which include short information on relevant topics and news about our services and may be displayed even if you are not using the application. If you allow or activate push notifications, a token will be assigned to your device. The token is an encrypted identifier and is used for the technical implementation of push notifications. We use the services of Accengage S.A., 31 rue du 4 Septembre, 75 002 Paris, France, to send and control push notifications. Data is collected and transmitted (push ID, IP address, access times, advertising identifier if applicable, location data if applicable). In addition, data about the use of the push notifications (such as opening rate or display duration) is collected and stored for improvement and customisation of our services. Accengage will only receive the relevant data with your consent. You can revoke your consent at any time with effect for the future. You can activate or deactivate push notifications at any time in the settings of your device. Further details and information can be found in the Accengage Privacy Policy at https://www.accengage.com/privacy-policy/.

The legal basis for the processing of your data in the context of push notifications is Article 6 (1) (a) GDPR, for the analysis for customised services it is Article 6 (1) (f) GDPR. Your data will only be stored for the duration of the use of the push notification services.

3.5.5. Transfer to third parties

In order to display interest-based advertising to you and provided you give your consent, we share your email address in hashed (pseudonymized) form with Google and Facebook. We have concluded corresponding data protection agreements with Google and Facebook.

Legal basis for transferring your hashed email address to Google or Facebook is Article 6 (1) (a) GDPR. You can revoke your consent at any time with effect for the future by sending an email to [email protected]. 

More information on data privacy by Google can be found here: https://policies.google.com/privacy?hl=en&gl= and for Facebook here: https://www.facebook.com/about/privacy/.

3.5.6. Right to object

You have the right, at any time and at no charge, to object to data processing for the aforementioned purposes, separately for each respective communication channel and with effect for the future. To do so, you need only send an email to [email protected] or send a letter to the HomeToGo address mentioned in section 2 above.

In the event that you object, the relevant contact address will be blocked for further promotional processing. We point out that, in exceptional cases, advertising material may temporarily continue to be sent to you even after your objection has been received. This is due to technical reasons related to the lead time required for advertisements and does not mean that your objection will not be observed by us. Thank you for your understanding.

3.6. Cookies – general information

We use cookies, pixel, web beacons or similar technologies on our website and in our app on the basis of Article 6 (1) (a), (b) and (f) GDPR. Cookies are small files that your browser automatically creates and that are stored on your device when you visit our website or use our app. Pixels and web beacons are small graphics and codes used to measure activity on our website. In the following, pixels and web beacons and similar technologies are also covered by the term “cookies”.

Cookies do not harm your device, do not contain viruses, Trojans or other malicious software. The information stored in the cookie is tied to the specific device used. However, this does not mean that we are immediately aware of your identity.

When you access our website or app, a pop-up on the use of cookies appears.

Some cookies help us provide our users with an optimal functional service as well as a secure experience on our website and app (functional cookies). Functional cookies are technically necessary for security, user settings and the user experience (e.g. to make a booking, create a user account, save preferred searches). Being essential for the operation and functionality of our website and app, data processing in the case of functional cookies is based on Article 6 (1) (f) GDPR and on the fulfillment of our T&Cs, on Article 6 (1) (b) GDPR. In part, cookies are used to make the use of our service more pleasant for you. For example, we use so-called session cookies to detect that you have already visited individual pages on our website or that you have already logged in to your user account. These are automatically deleted after you leave our website. In addition, to ensure the fulfillment of our Terms of Service, we also use temporary cookies, which are stored on your device for a specific period of time. If you visit our website again to use our services, the cookies automatically detect that you have already visited us, as well as what information you entered and the settings you used, so that we may provide you with our services.

If you already have a user account and are logged in or activate the "Stay logged in" feature, the information stored in cookies will be added to your user account.

On the other hand, we use cookies based on Article 6 (1) (a) GDPR as analytical cookies to statistically record the use of our website and to optimize our services, as well as marketing cookies to display information and personalized content tailored to your specific needs. These cookies are only dropped once you have explicitly given your consent. You may withdraw your consent at any time. The lawfulness of the processing carried out on the basis of the consent until withdrawal is not affected. You may declare your withdrawal at any time by adjusting the cookie settings. Furthermore, you can configure your browser so that no cookies are stored on your device or that a message always appears before a new cookie is added. However, disabling cookies completely may mean that you will not be able to use all the features of our website or app.

The storage period of cookies depends on their purpose and therefore varies. In any case, cookies are automatically deleted after a defined time. In the following you will find more detailed information on all analytical and marketing cookies used by us.

3.7. Analytical cookies and tools

In order to customise and continuously optimize our websites and app in line with users’ needs, we deploy cookies and tools on the basis of Article 6 (1) (a) GDPR to enable us to analyse the use of our website and app.

3.7.1. Google Analytics

We use Google Analytics, a web analytics service provided by Google. In doing so, pseudonymized usage profiles are created and cookies are used. The information generated by the cookie about your use of this website, e.g.

·        browser type/version

·        operating system used

·        Referrer URL (the previously visited page)

·        hostname of the accessing computer (IP address)

·        time of server request

is transmitted to a Google server in the US and stored there. Google complies with the Privacy Policy of the US Privacy Shield and is registered with the U.S. Department of Commerce's US Privacy Shield Program. In addition, we have entered into a data processing agreement for the use of Google Analytics. Under this agreement, Google assures that Google processes data in accordance with the General Data Protection Regulation and ensures the protection of the data subject's rights.

The information is used to evaluate the use of the website, to compile reports on the activity on the website and to provide other services related to the use of the website and internet usage for the purposes of market research and to customise the design of these websites in line with the needs of users. This information may also be transferred to third parties if required by law or if third parties are contracted to process this data. Under no circumstances will your IP address be combined with any other data from Google. The IP addresses are anonymized, which means that it is not possible to identify specific individuals (“IP masking”).

You can prevent the installation of cookies by setting your browser software accordingly. However, disabling cookies completely may mean that you will not be able to use all the features of our website. You may also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) and the processing of this data by Google by downloading and installing this browser add-on (https://tools.google.com/dlpage/gaoptout?hl=en). As an alternative to the browser add-on, especially for browsers on mobile devices, you can prevent the collection by Google Analytics by clicking on this link. An opt-out cookie will be set which prevents the future collection of your data when you visit this website. The opt-out cookie is only valid in this browser and only for our website and is stored on your device. If you delete the cookies in this browser, you must set the opt-out cookie again. For more information regarding data privacy related to Google Analytics, visit the Google Analytics website: https://support.google.com/analytics/answer/6004245?hl=en.

3.7.2. Google Tag Manager

We use the Google Tag Manager. This Google service allows website tags to be managed through an interface. Only tags are implemented, i.e. no cookies are set and no personal data is collected. The Tag Manager triggers other tags that may themselves collect data. Google Tag Manager does not access this data. If deactivation has been done at the domain or cookie level, it will apply to all tracking tags implemented with Google Tag Manager. More information can be found in the Google Tag Manager use policy: https://www.google.com/intl/de/tagmanager/use-policy.html.

3.7.3. New Relic

To perform accessibility and performance monitoring for our servers, we use the "New Relic" web analytics service provided by New Relic Inc., 188 Spear Street, Suite 1200, San Francisco, CA 94105, USA. Using pseudonymized usage data, technical performance data (e.g., response and load times) is measured and analysed to improve our server performance. Further details and information can be found in the New Relic Privacy Policy at https://newrelic.com/privacy/.

3.7.4. Snowplow

We use the Snowplow open source web analytics service provided by Snowplow Analytics Limited, 32-38 Scrutton Street, London, EC2A 4RQ, United Kingdom. Cookies are used as part of this. The information generated by the cookie about your use of this website, e.g.

·        browser type/version

·        operating system used

·        Referrer URL (the previously visited page)

·        hostname of the accessing computer (IP address)

·        time of server request

·        search queries and filter settings

·        clicks on the website

is transmitted to a HomeToGo server in Frankfurt and stored there.

The information is used to evaluate the use of the website, to compile reports on the activity on the website and to provide other services related to the use of the website and internet usage for the purposes of market research and to customise the design in line with the needs of users.

3.7.5. Adjust

In our app, we use the analytics service of Adjust GmbH, Saarbrücker Str. 37A, 10405 Berlin, Germany. The analytics service is implemented in our app via a development environment (SDK - Software Developer Kit). The information generated by the development environment, e.g.

·        IP address,

·        device IDs including all advertising IDs,

·        (de-)installation of the HomeToGo App on your mobile device,

·        http header including processor’s SDK version and user agent (country, language, operating system, app-version)

·        user device and web activity information

·        app and event token

is collected and used by Adjust GmbH to evaluate the use of the app, to compile performance reports on app activity and to provide other services related to the use of the app for purposes of market research and customisation of the app. Under no circumstances will the collected data be combined with other data that Adjust obtains via other apps. When uninstalling the HomeToGo app, Adjust will delete your data immediately, at the latest after 28 days.

You can find more information about Adjust's Privacy Policy here: https://www.adjust.com/privacy-policy/. You can object to tracking by Adjust at any time within the "Opt-out" section of Adjust's Privacy Policy. To do this, you must select the device for which you do not want Adjust to perform tracking and specify your Device Identifier. Behavior tracking from apps that use Adjust will then be immediately removed on your device.

3.7.6. TrackJS

We use the services of TrackJS LLC. TrackJS allows us to analyse technical errors in JavaScript, so that we can check and improve the quality of our website and app. More information can be found in TrackJS Privacy Policy: https://trackjs.com/privacy/.

3.7.7. Matomo

Additionally, we use the Matomo (formerly Piwik) open source web analytics service provided by InnoCraft Ltd., 150 Willis St, 6011 Wellington, New Zealand (“Matomo”). For this, cookies are used to enable analysis of the use of our website. From this data, pseudonymized user profiles can be created and analysed. The information generated by the cookie, such as your browser and pseudonymized IP address, is processed on our servers. The information generated by the cookie in the pseudonymous user profile is not used to personally identify you and is not combined with your personal data.

More information on data protection when using Matomo can be found here: https://matomo.org/privacy-policy/. There you can object to website tracking via “Opt-out”.

3.8. Marketing cookies

The marketing and targeting measures listed below and used by us are implemented on the basis of Article 6 (1) (a) GDPR provided you have given your consent thereto. Targeting is used to perform targeted advertising. Through the marketing and targeting measures we use, we want to make sure that advertisements which are geared to your interests are displayed on your devices.

3.8.1. Double Click

On our website, information used for the optimization of advertisements is collected and evaluated using cookies (see section 3.6.). To do this, we use Google's targeting technologies (Double Click). These technologies enable us to provide you with customised, interest-based advertising. The cookies used provide e.g. information regarding which of our products you are interested in. Based on this information, we can also display services on third-party websites that are specifically oriented towards your interests you have shown through your previous user behavior. The collection and evaluation of your user behavior takes place exclusively in a pseudonymized manner and does not enable us to identify you. In particular, the information is not combined with personally identifiable information about you.

The cookie is automatically deleted after 30 days.

You can also set preferences for the display of interest-based advertising through the Google Ads Settings Manager (https://adssettings.google.com/authenticated?hl).

For more information and the Privacy Policy regarding advertising and Google, please refer to Google’s Privacy Policy and Terms of Service (https://policies.google.com/technologies/ads?hl).

3.8.2. Google AdWords

HomeToGo uses Google's AdWords service, which uses conversion tracking to measure the effectiveness of individual ads, offers and features. For this, a cookie is set as soon as you click on a Google ad. This cookie does not personally identify you, but rather makes it possible to determine whether you return to the page with the specific offer during the 30-day period in which the cookie is valid.

Each AdWords advertiser receives a different cookie. As a result, cookies cannot be tracked via the website of AdWords advertisers. The information obtained using the conversion cookie is used to generate conversion statistics for AdWords advertisers who have opted for conversion tracking. We track the total number of users who have clicked on an ad and were redirected to the website with a conversion-tracking tag.

You can permanently prevent the storage of the Google conversion cookie by setting your browser software accordingly. Google's Privacy Policy on conversion tracking can be found here: https://services.google.com/sitestats/en.html.

3.8.3. Google Dynamic Remarketing

We use the features of Google Dynamic Remarketing with the cross-device features of Google AdWords and Google DoubleClick.

This feature allows us to link the advertising audiences created with Google Dynamic Remarketing to the cross-device features of Google AdWords and Google DoubleClick. In this way, interest-based, personalized advertising messages that have been customised for you based on your past usage and browsing behavior on a device (e.g., smartphone) may also be displayed on another device you use (e.g., tablet or PC).

If you have given the appropriate consent to Google, Google will link your web and app browsing history with your Google Account for this purpose. That way, the same personalized advertising messages can appear on any device you use to sign in to your Google Account.

To support this feature, Google Analytics collects Google-authenticated IDs of users who are temporarily linked to our Google Analytics data to define and create audiences for cross-device ad promotion.

You can permanently opt out of cross-device remarketing/targeting by turning off personalized advertising in your Google Account. To do so, follow this link: https://adssettings.google.com/authenticated?hl.

For more information, as well as the provisions regarding data privacy, please see the Google Privacy Policy at https://policies.google.com/technologies/ads?hl.

3.8.4. Google AdSense

On our website, we use Google AdSense for displaying advertisements. In this way we can show you advertisements that may be of interest to you. These advertisements can be recognized by the reference "Google Ads". To do this, Google uses web beacons and cookies (see section 3.6.). The information generated by cookies and web beacons about the use of the website (including your IP address) and delivery of advertising formats is transmitted to a Google server in the US and stored there. Google may share this information with third parties.

We have enabled third-party Google AdSense ads. The data may be transferred to third parties (named at https://support.google.com/dfp_sb/answer/94149).

You can prevent Google AdSense from installing cookies by disabling interest-based ads on Google via the link https://adssettings.google.com/authenticated?hl.

For more information, as well as the provisions regarding data privacy, please see the Google Privacy Policy at https://policies.google.com/technologies/ads?hl.

3.8.5. Google AdMob

We use Google AdMob to display ads in the HomeToGo app. Google uses the Apple "Advertising Identifier" (hereafter “Apple Ad-ID”) for advertising control in the app. A pseudonymized user profile is created under the Apple Ad-ID so that the user can be matched to different advertising segments on the Apple advertising platform in order to be able to display interest-based advertising.

The Apple Ad-ID is a pseudonym that prevents personal plain data from being disclosed to Google. The Apple Ad-ID is transmitted to a Google server in the US and stored there.

You can prevent the use of the Apple Ad-ID by clicking on "No Ad-Tracking" under "Privacy/Advertising" in your system settings. Alternatively, you can also click “Reset Ad ID” to generate a new, randomly chosen Apple Ad ID and thus prevent a profile from being generated.

3.8.6. Criteo

Pixel technologies (see section 3.7.5.) from Criteo SA, 32 Rue Blanche, 75009 Paris, France ("Criteo") collect and store data for marketing and optimization purposes. Together with Criteo, we determine the purposes and means of processing and are therefore jointly responsible for processing.

The pixels send your IP address, the Referrer URL of the visited website, the time when the pixel was viewed, the browser used and previously set cookie information to a web server. This data can be used to create usage profiles under a pseudonym.

Criteo's pixel technologies allow us to evaluate our advertising campaigns and advertising content. Using an algorithm, Criteo analyses surfing behavior and can then display targeted product recommendations as personalized advertising banners on other websites (“publishers”). You can find more information about Criteo’s technology in Criteo’s Privacy Policy (https://www.criteo.com/privacy/).

Using Criteo will load additional pixels from contractual partners with whom Criteo works. An overview of all publishers and networks that load pixels can be found at https://www.criteo.com/privacy/criteo-works-with-the-following-platforms/. The data collected with Criteo technology will not be used to determine the personal identity of the website visitor unless agreed to separately by the data subject. Any use of data other than that described above or transfer to third parties is excluded.

Most browsers accept pixels automatically. You can use the appropriate tools or browser add-ons to prevent the use of pixels on our website (for example, by using the "AdBlock" add-on for the Firefox browser).

You can also object to the pseudonymous analysis of your surfing behavior by us at any time. For instructions on disabling Criteo's service, please visit the following Criteo link: https://www.criteo.com/privacy/.

Please note that if you opt out of displaying personalized ads from Criteo and other affiliates, you will still receive advertisements, however these will be less tailored to your interests/browsing habits.

3.8.7. Bing Ads

We use Bing Universal Event Tracking (UET) from Microsoft Bing Ads. This is a service of Microsoft Corporation, One Microsoft Way, Redmond, WA 98052, USA ("Microsoft"). This allows us to track user activity on our website when users reach our website through advertisements from Bing Ads.

If you reach our website via a Bing Ads advertisement, a cookie will be placed on your computer (see section 3.6.). A Bing UET tag is integrated into our website. This is a code that is used to store data about the use of the website in connection with the cookie. Among others, this includes the time spent on the website, which areas of the website were accessed and what ads brought users to the website. Information about your identity is not collected.

This information is transmitted to Microsoft servers in the US and stored there for a maximum of 180 days.

More information on Bing Ads’ analytical services can be found on Bing Ads website (https://help.bingads.microsoft.com/#apex/3/en/53056/2). For more information about Microsoft’s privacy practice, please see Microsoft’s Privacy Policy (https://privacy.microsoft.com/en-us/privacystatement).

3.8.8. Outbrain

On our website, we use technology from the service provider Outbrain Inc., 39 West 13th Street, New York, NY 10011, USA (Outbrain, Outbrain Widgets, Outbrain Pixel). This technology enables us to use pixels (see section 3.7.5.) and cookies (see section 3.6.) to offer further content that may also be of interest to you within our website or on third-party websites ("retargeting"). The recommendations integrated by Outbrain are determined on the basis of your previously read content. The content is technically controlled and delivered by Outbrain automatically.

Display takes place on a pseudonymous basis. When selecting appropriate content, the cookie uses information about the source of the device, the type of browser and your IP address, which is fully anonymized by removing the last octet.

More information about Outbrain's Privacy Policy can be found here: https://www.outbrain.com/legal/privacy#privacy-policy. You may opt-out of Outbrain's use of tracking to display interest-based recommendations via the “Opt out” field within Outbrain's Privacy Policy. Please note that you must separately set the opt-out in each device you use to access our website. After objecting, you will continue to be offered interesting additional content, however this will no longer be based on your previous usage behavior on our websites.

3.8.9. Taboola

Our website uses technologies from Taboola Inc., 28 West 23rd St., New York, NY 10010, USA ("Taboola"). Taboola uses cookies (see section 3.6.) that determine which content you use and which of our pages you visit (conversion tracking). The cookie enables us to create pseudonymous usage profiles by collecting device-related data as well as log data and enables us to recommend content that matches your personal interests. This permits us to individually customise our offerings for you. These usage profiles cannot be used to establish your identity.

You can find more information about Taboola and the ability to disable the Taboola cookie here: https://www.taboola.com/privacy-policy.

3.8.10. Facebook Custom Audiences

In addition, we also use Facebook Custom Audiences. Facebook Custom Audiences is a Facebook marketing service. It allows us to display personalized and interest-based advertising on Facebook to certain groups of pseudonymized visitors to our website who also use Facebook.

A Facebook Custom Audience pixel is integrated into our website. This is a Java Script code used to store non-personal information about your use of the site. This includes your IP address, the browser you are using and the source and destination pages. This information is transmitted to Facebook servers in the United States. There, an automatic check is performed to see if you have saved a Facebook cookie. The Facebook cookie automatically determines whether you belong to the relevant target group for us. If you belong to the target group, we will show you relevant ads on Facebook. You will not be personally identified by us or by Facebook as part of this process.

You may object to the use of the Custom Audiences service on the Facebook website (https://www.facebook.com/ads/website_custom_audiences). After logging in to your Facebook account, you will be taken to the settings for Facebook ads.

For more information on privacy on Facebook, see Facebook’s Privacy Policy (https://www.facebook.com/privacy/explanation).

3.8.11. RTB House

On our website, we use technology from RTB House S.A., 61/101 Złota Street, 00-819 Warsaw, Poland. This technology enables us to use pixels (see section 3.7.5.) and cookies (see section 3.6.) to offer further content that may also be of interest to you within our website or on third-party websites ("retargeting"). Cookies are used as part of this process. The recommendations integrated by RTB House are determined on the basis of your previously read content. The content is technically controlled and delivered by RTB House automatically. Display takes place on a pseudonymous basis.

The information generated by the cookie about your use of this website, such as browser type/version, operating system used, Referrer URL (the previously visited page), time of server request is transmitted to RTB House’s server and stored there.

You can find more information on RTB House's Privacy Policy here: https://www.rtbhouse.com/privacy/. You may object to RTB House's tracking to display interest-based advertising at any time via the opt-out box within RTB House's Privacy Policy. Please note that you must separately set the opt-out cookie in each device you use to access our website. After objecting, you will continue to be offered interesting additional content, however this will no longer be based on your previous usage behavior on our websites.

3.8.13. Clicktripz

On our website, we also use services by Clicktripz, 1112 Ocean Drive, CA 90266 Manhattan Beach, USA. Clicktripz collects and processes user’s travel criteria and shopping behavior through the use of cookies (see section 3.6.) and other means to provide relevant offers from partnering travel websites.

You can find more information in Clicktripz’s Privacy Policy: http://www.clicktripz.com/privacy_policy.php.

3.8.14. Ad Up

Technology from Ad Up, a service provider of Axel Springer Teaser Ad GmbH, Axel-Springer-Str. 65, 10969 Berlin, Germany, is also integrated on our website. Ad Up uses cookies for conversion tracking, the evaluation of the effectiveness of advertisements and keywords. By collecting anonymized and/or pseudonymous data, Ad Up can display advertisements according to your interests for a certain period of time.

More information can be found in Ad Up’s Privacy Policy here: https://www.adup-tech.com/en/privacy. You can deactivate Ad Up in your browser by clicking the button “activate opt-out cookie” there.

3.8.15. BingAds Services

On our website, we use BingAds Services by Microsoft Ireland Operations Limited, One Microsoft Place, South County Business Park, Leopardstown, Dublin 18, D18 P521, Ireland, for displaying advertisements. In this way we can show you advertisements that may be of interest to you. These advertisements can be recognized by the note “Ads by Microsoft'' or a similar reference. Microsoft uses web beacons and cookies (see section 3.6). The information generated by cookies and web beacons about the use of the website (including your IP address and device ID) and delivery of advertising formats is transmitted to a Microsoft server in Ireland and the US and stored there.

For more information, as well as the provisions regarding data privacy, please see the Microsoft Privacy Policy at https://privacy.microsoft.com/en-us/privacystatement. There it is explained how you can object to the interest-based advertising via opt-out.

3.9.  Option to object/opt-out

You can prevent the analytical and marketing technologies we described by activating the appropriate cookie setting (see section 3.6.) or disabling them in your browser. In addition, you have the option of deactivating preference-based advertising with the help of the preference manager available here: http://www.youronlinechoices.com/uk/your-ad-choices.

3.10. Third party websites

HomeToGo cooperates with partners (see in-detail our T&Cs where our partners are referred to as “Providers”). Once you are redirected to a partner’s website, the terms of the respective partner apply.

Neither partners, nor intermediaries of the partner’s offers (affiliate) drop cookies or use other tracking-codes on our website. Cookies or tracking-codes are used after the redirection, upon which HomeToGo has no influence. The following affiliate services are used:

·        Performance advertising network by AWIN AG, Eichhornstr. 3, 10785 Berlin, Germany. You can find AWIN’s Privacy Policy here: https://www.awin.com/gb/legal/privacy-policy-gb.

·        Performance Horizon Group Ltd, West One, Forth Banks, Newcastle upon Tyne NE1 3PA, United Kingdom. You can find Performance Horizon’s Privacy Policy here: https://performancehorizon.com/privacy-policy.

·        CJ Affiliate, Commission Junction LLC, 530 East Montecito St., Santa Barbara, CA 93103, USA. You can find CJ’s Privacy Policy here: https://www.conversantmedia.com/legal/privacy.

4. Third-party services and plugins

4.1. Google Maps

We use Google Maps API for displaying interactive maps directly on our website and to enable the simplified use of map functionality. Your IP address is transmitted and stored on one of Google’s servers in the US for the usage of Google Maps functionality (see section 3.7.1 regarding the US Privacy Shield). Legal basis is Article 6 (1) (f) GDPR. 

Please see the Terms of Service for Google Maps here: https://www.google.com/intl/en/help/terms_maps.html. You can find further information on data privacy in Google’s Privacy Policy here: https://policies.google.com/privacy.

4.2. Google Fonts

On our website we use fonts (“Google Fonts”) provided by Google. For this your browser loads the required font into your browser cache when our website is opened. This is necessary so that the browser can display a visually improved version of our texts. If your browser does not support this feature, a default font will be used by your computer for display. The integration of these fonts is completed by a server call, usually a Google server in the USA. This will communicate to the server that you have visited this website.

When the page is accessed, cookies are not sent by users to the Google Fonts API. Data transferred in connection with the pageview is sent to resource-specific domains such as fonts.googleapis.com or fonts.gstatic.com. You will not be associated with any information collected or used in connection with the parallel use of authenticated Google services, such as Gmail. You can set your browser so that the fonts from Google servers are not loaded.

HomeToGo uses Google fonts to ensure an appealing presentation of its services. The legal basis is Article 6 (1) (f) GDPR.

Further information can be found in Google’s Privacy Policy (https://policies.google.com/privacy).

5. Group

HomeToGo is a company of the HomeToGo Group. We may share your personal data with our associated companies within the HomeToGo Group on an occasional basis. The HomeToGo Group includes all (current and future) entities that are directly or indirectly controlled by HomeToGo GmbH (“HomeToGo”) or are under common control of HomeToGo. The transfer of data within the HomeToGo Group takes place for the following purposes:

a)     Provision of our intermediary services and of our platform

b)     Provision of customer service services

c)     Sending advertising with your consent or if permitted by applicable law

d)     Analysis, optimization and improvement of our website and app

e)     Identification and investigation of fraud and illegal activities

f)      Compliance with laws and regulations

The legal basis for the transfer of data within the HomeToGo Group is Article 6 (1) (a), (b) and (f) GDPR.

In detail, the legal basis for the purposes a) and b) is Article 6 (1) (b) GDPR. Sharing this data enables us to fulfill our contractual obligations arising from our T&Cs.

The legal basis for purpose c) is your explicit consent (Article 6 (1) (a) GDPR) that you may revoke any time, or our legitimate interest to do marketing for existing customers (Article 6 (1) (f) GDPR). The lawfulness of the data processing already carried out remains unaffected by the revocation.

For purposes d), e) and f), our legitimate interest derives from the improvement of our services as well as the protection of your identity and the prevention of fraudulent activities (Article 6 (1) (f) GDPR).

6. Contact form and chat

We provide you with a contact form which you can use to ask us questions by entering your name, your email address and your phone number (as well as your booking number in case of cancellations). The use of the contact form is voluntary and your data is processed in order to fulfill our contractual service obligations (Article 6 (1) (b) GDPR).

The questions and the information you enter will be transferred to our ticket system. To this end, we make use of the support services of Desk.com, 1 Market Street, San Francisco, CA 94105, USA. If you do not wish to have your data processed by Desk.com, please contact our customer service directly at [email protected].

In addition, we offer a live chat using the services of Salesforce.com, Inc. Salesforce Tower, 415 Mission Street, San Francisco, Ca 94105, USA, with whom we have concluded a data processing agreement.

When you start the live chat, a functional cookie is set in your browser and the following data is collected:

·        first and last name

·        email address

·        browser type/version

·        IP address

·        operating system used

·        URL of the previously visited website

During the chat, you can provide other personal information depending on your request.

We process and store your data for the purpose of enabling and quality assurance of the live chat functionality. Legal basis is Article 6 (1) (f) GDPR. The chat history is deleted after 12 months at the latest.

Further information can be found in Salesforce’s Privacy Policy (https://www.salesforce.com/company/privacy/).

7. Feedback

We use the services of Zenloop GmbH, Pappelallee 78/79, 10437 Berlin, Germany. Zenloop allows us to collect and analyse user feedback through various channels. Zenloop collects the IP address, device and browser data and the website from which the feedback tool is deployed.

The legal basis for this is Article 6 (1) (f) GDPR. Our legitimate interest is based on the purpose of optimizing the marketing of our services. Zenloop processes personal data on our behalf.

For more information, please see Zenloop’s Privacy Policy at https://www.zenloop.com/en/legal/privacy.

8. Your rights

8.1. Overview

In addition to the right to revoke the consent you have granted to us, you are entitled to the following further rights if the relevant legal requirements apply:

·        Right of access to information about your personal data stored with us pursuant to Article 15 GDPR

·        Right of rectification of inaccurate personal data and right to have incomplete personal data completed pursuant to Article 16 GDPR

·        Right to erasure of your personal data stored by us pursuant to Article 17 GDPR

·        Right to restriction of processing of your data pursuant to Article 18 GDPR

·        Right to data portability pursuant to Article 20 GDPR

8.2. Right to object

Under the conditions of Article 21 (1) GDPR, data processing can be objected to on grounds relating to the particular situation of the data subject.

The above general right of objection applies to all processing purposes described in this Privacy Policy which are based on Article 6 (1) (f) GDPR. Unlike the special right of objection to data processing for advertising purposes, under the GDPR we are only obliged to implement such a general objection if you give us reasons of overriding importance for this (for example, possible danger to life or health). In addition, you may also contact the supervisory authority responsible for HomeToGo, the Berlin Commissioner for Data Protection and Freedom of Information, Friedrichstr. 219, 10969 Berlin, Germany, Phone: +49 (0) 30 13889-0, Fax: +49 (0) 30 2155050, Email: [email protected].

Version 3 – As of December, 2020