PRIVACY AND COOKIE POLICY

Effective from: 25 October 2020

 

1. APPLICATION

This Privacy Policy contains important information we are required by the General Data Protection Regulation (“GDPR”) to disclose, including (i) the controller(s) of your personal information; (ii) legal bases, (iii) your legal rights, (iv) safeguards we rely on for transferring your personal information outside the EEA; and (v) the contact details of the controller. Please read this page carefully. If you have any questions, you can contact us at the details below.

2. WHO CONTROLS MY PERSONAL INFORMATION

2.1 Controller

Where this document mentions “BabaCasa,” “we,” “us,” or “our,” it refers to BabaCasa Limited, a company incorporated in England and Wales and registered under No. 12952427, with its registered office in England, 71-75 Shelton Street, London, WC2H 9JQ, which is responsible for your data under this Privacy Policy (the “Data Controller”).

2.2 Contact Us

The easiest way to contact us is by sending an email to: info@babacasa.com or by writing to us at the address indicated in section 2.1.

3. PERSONAL INFORMATION WE COLLECT

3.1 Information needed to use the BabaCasa Platform.

We collect personal information about you when you use the BabaCasa Platform. Without it, we may not be able to provide you with all services requested. This information includes:

  • Contact Information, Account, Profile Information. Such as your first name, last name, phone number, postal address, email address, date of birth, and profile photo, some of which will depend on the features you use.

3.2 Information you choose to give us.

You can choose to provide us with additional personal information. This information may include:

  • Additional Profile Information. Such as gender, age, city, preferred area etc.

  • Other Information. Such as when you fill in a form, add information to your account, respond to surveys, post content in the app, participate in promotions, communicate with our customer service team or share your experience with us.

3.3 Information Automatically Collected by Using the BabaCasa Platform.

When you use the BabaCasa Platform, we automatically collect personal information. This information may include:

  • Geo-location Information. Such as precise or approximate location determined from your IP address or mobile device’s GPS depending on your device settings. We may also collect this information when you’re not using the app if you enable this through your settings or device permissions.

  • Usage Information. Such as the pages or content you view, searches for Listings, bookings you have made, and other actions on the BabaCasa Platform.

  • Log Data and Device Information. Such as details about how you’ve used the BabaCasa Platform (including if you clicked on links to third party applications), IP address, access dates and times, hardware and software information, device information, device event information. We may collect this information even if you haven’t created an BabaCasa account or logged in.

  • Cookies and Similar Technologies as described in our Cookie Policy.

 

4. HOW WE USE INFORMATION WE COLLECT

 

4.1 Provide, Improve, and Develop the BabaCasa Platform. We use personal information to:

  • enable you to access the BabaCasa including access to and use of the Platform’s services;

  • enable you to communicate with the real estate agents that published properties on the platform;

  • perform analytics, debug and conduct research;

  • provide customer service;

  • send you messages, updates, security alerts, and account notifications,

  • personalize and customize your experience based on your interactions with the BabaCasa Platform, your search and booking history, your profile information and preferences, and other content you submit, and

4.2 Create and Maintain a Trusted and Safer Environment. We use personal information to:

  • detect and prevent fraud, spam, abuse, security and safety incidents, and other harmful activity;

  • conduct security investigations and risk assessments;

  • verify or authenticate information provided by you;

  • resolve disputes with our Members,

  • enforce our agreements with third parties,

  • comply with law, respond to legal requests, prevent harm and protect our rights

  • enforce our Terms and other policies;

  • in connection with the activities above, we may conduct profiling based on your interactions with the BabaCasa Platform, your profile information and other content you submit to BabaCasa, and information obtained from third parties. In limited cases, automated processes could restrict or suspend access to the BabaCasa Platform if such processes detect activity that we think poses a safety or other risk to BabaCasa, our community, or third parties.

4.3 Provide, Personalise, Measure, and Improve our Advertising and Marketing. We may use personal information to:

  • send you promotional messages, marketing, advertising, and other information based on your preferences and social media advertising through social media platforms,

  • personalise, measure, and improve our advertising,

  • administer referral programs, rewards, surveys, contests, or other promotional activities or events sponsored or managed by BabaCasa or its third-party partners,

  • analyse characteristics and preferences to send you promotional messages, marketing, advertising and other information that we think might be of interest to you, and

  • invite you to events and relevant opportunities.

 

5. SHARING & DISCLOSURE

5.1 Sharing your data

Where you ask services on our platform, we share your information BabaCasa with Agents or partners or third parties.

5.2 Sharing with Agents.

To help facilitate bookings or other interactions between users and Agents, we may need to share certain information such as:

  • When a booking request is made, we share your name and email with the Agents, to help confirm the booking.

  • When a video chat booking request is made you will be asked to send your phone number to the Agent.

 

5.3 Information You Publish in Comment Property and Comment Agent

We can make certain information publicly visible to others, such as:

  • Comments, reviews, ratings and other public feedback.

5.4 Complying with Law, Responding to Legal Requests, Preventing Harm and Protecting our Rights.

We may disclose your information to courts, law enforcement, governmental or public authorities, tax authorities, or authorised third parties, if and to the extent we are required or permitted to do so by law or where disclosure is reasonably necessary: (i) to comply with our legal obligations, (ii) to comply with a valid legal request or to respond to claims asserted against BabaCasa, (iii) to respond to a valid legal request relating to a criminal investigation to address alleged or suspected illegal activity, or to respond to or address any other activity that may expose us, you, or any other of our users to legal or regulatory liability, (iv) to enforce and administer our agreements with Users and Agents, or (v) to protect the rights, property or personal safety of BabaCasa, its employees, its Members, or members of the public.

6. OTHER IMPORTANT INFORMATION

6.1 Analysing your Communications.

We may review, scan, or analyse your communications on the BabaCasa Platform for reasons outlined in the “How We Use Information We Collect” section of this policy, including fraud prevention, risk assessment, regulatory compliance, investigation, product development, research, analytics, enforcing our Terms of Service, and customer support purposes. For example, we may  scan, review, or analyse messages to debug, improve, and expand product offerings. We use automated methods where reasonably possible. Occasionally we may need to manually review communications, such as for fraud investigations and customer support, or to assess and improve the functionality of these automated tools. We will not review, scan, or analyse your messaging communications to send third-party marketing messages to you and we will not sell reviews or analyses of these communications.

6.2 Third-Party Partners & Integrations.

Parts of BabaCasa may link to third-party services, not owned or controlled by BabaCasa, such as Maps or other services. Use of these services is subject to the privacy policies of those providers. BabaCasa does not own or control these third parties and when you interact with them you are providing your information to them.

7. LEGAL BASES FOR PROCESSING PERSONAL INFORMATION

We process personal information for the purposes described in this document in line with the lawful bases set out below. For more information on the processing activities, please refer to the relevant section of the Privacy Policy.

 

7.1 How We Use Information We Collect (Section 3)

SUB-SECTION

Provide, improve, and develop BabaCasa.

LEGAL BASES

We process this personal information for these purposes given our legitimate interest in improving BabaCasa and our users’ experience with it, and where it is necessary for the adequate performance of the contract with you.

SUB-SECTION

Create and maintain a trusted and safer environment.

LEGAL BASES

We process this personal information for these purposes given our legitimate interest in protecting BabaCasa and our users, to measure the adequate performance of our contract with you, to comply with applicable laws, for the protection of your or another person's vital interests, and for reasons of public interest.

SUB-SECTION

Provide, personalise, measure, and improve our advertising and marketing.

LEGAL BASES

We will process this personal information with your consent or based on our legitimate interest in undertaking marketing activities to offer you products or services that may be of interest to you.

7.2 Complying with Law, Responding to Legal Requests, Preventing Harm and Protecting our Rights (Section 5.4)

SUB-SECTION

Complying with Law, Responding to Legal Requests, Preventing Harm and Protecting our Rights.

LEGAL BASES

These disclosures may be necessary to comply with our legal obligations, : (i) to comply with our legal obligations, (ii) to comply with a valid legal request or to respond to claims asserted against BabaCasa, (iii) to respond to a valid legal request relating to a criminal investigation to address alleged or suspected illegal activity, or to respond to or address any other activity that may expose us, you, or any other of our users to legal or regulatory liability, (iv) to enforce and administer our agreements with Users and Agents, or (v) to protect the rights, property or personal safety of BabaCasa, its employees, its Members, or members of the public.

7.3 Other important information (Section 5)

SUB-SECTION

Analysing your communications.

LEGAL BASES

These activities are carried out based on BabaCasa's legitimate interest in ensuring compliance with applicable laws and our Terms, preventing fraud, promoting safety, and improving and ensuring the adequate performance of our services.

SUB-SECTION

Linking third party accounts, Third Party Partners & Integrations

LEGAL BASES

We process personal information from linked third party accounts, third party partners, and integrations to the extent necessary to ensure the adequate performance of our contract with you, or to ensure that we comply with applicable laws, or with your consent.

8. YOUR RIGHTS

8.1 Data Access and Portability

You have the right to request certain copies of your personal information held by us. In certain instances, you also have the right to request copies of personal information that you have provided to us in a structured, commonly used, and machine-readable format and/or request us to transmit this information to another service provider (where technically feasible).

8.2 Rectification

You have the right to ask us to correct inaccurate or incomplete personal information about you (and which you cannot update yourself within your BabaCasa account).

8.3 Erasure

We generally retain your personal information for as long as is necessary for the performance of the contract between you and us, to comply with our legal obligations, and as permitted by applicable law.

You have the right to ask us to delete your personal information, subject to certain limitations and restrictions. Please note that if you request the erasure of your personal information:

  • We may retain your personal information as necessary for our legitimate business interests, such as prevention of money laundering, fraud detection and prevention and enhancing safety. For example, if we suspend a BabaCasa account for fraud or safety reasons, we may retain information from that BabaCasa account to prevent that user from opening a new BabaCasa account in the future.

  • We may retain and use your personal information to the extent necessary to comply with our legal obligations.

  • Information you have shared with others (e.g., Reviews, forum postings) will continue to be publicly visible on BabaCasa, even after your BabaCasa account is cancelled. However, attribution of such information to you will be removed.

  • Some copies of your information (e.g., log records) will remain in our database, but are disassociated from personal identifiers.

  • Because we maintain BabaCasa to protect from accidental or malicious loss and destruction, residual copies of your personal information may not be removed from our backup systems for a limited period of time.

8.4 Withdrawing Consent

If we are processing your personal information based on your consent you can withdraw your consent at any time by changing your account settings or by sending a communication to BabaCasa specifying which consent you are withdrawing. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal.

8.5 Restriction of Processing

You have the right to limit the ways in which we use your personal information, in particular where (i) you contest the accuracy of your personal information; (ii) the processing is unlawful and you oppose the erasure of your personal information; (iii) we no longer need your personal information for the purposes of the processing, but you require the personal information for the establishment, exercise or defence of legal claims; or (iv) you have objected to the processing pursuant to Section 8.6 (below) and pending the verification whether the legitimate grounds of BabaCasa override your own.

8.6 Objection to Processing

You have the right to object to the processing of your personal information based on grounds specific to your situation if such processing is for direct marketing or is for a purpose based on a legitimate interest or public interest. If you object to processing based on legitimate or public interests, we will no longer process your personal information for these purposes unless we can demonstrate compelling legitimate grounds for such processing or where the processing is otherwise required for the establishment, exercise or defence of legal claims.

Where your personal information is processed for direct marketing purposes, you may, at any time ask BabaCasa to cease processing your data for these direct marketing purposes by sending an e-mail to info@babacasa.com 

9. RETENTION

We retain personal information for as long as needed or permitted in light of the purpose(s) for which it was obtained and consistent with applicable law. The criteria used to determine our retention periods include:

  • the length of time we have an ongoing relationship with you and provide BabaCasa to you (for example, for as long as you have an account with us or keep using BabaCasa);

  • whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); and/or

  • whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).

10. WHERE DO WE STORE YOUR PERSONAL DATA

The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers or contractors. Territories outside of the EEA may not have equivalent legal protections to those that apply within the EEA, but we are under a duty to make sure that our suppliers and contractors located outside of the EEA continue to take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Policy. By submitting your personal data to us, you agree to this transfer, storing or processing.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Platforms; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

We follow strict security procedures to ensure that your personal information is not damaged, destroyed or disclosed to a third party without your permission and to prevent unauthorised access to it. The computers that store the information are kept in a secure facility with restricted physical access and we use secure firewalls and other measures to restrict electronic access. If we are working with third parties, we will require them to have in place similar measures to protect your information.

Only employees who need access to your information to perform a specific job are granted access to personally identifiable information. We may require you to co-operate with our security checks before we disclose information to you. If you are a registered user, you can update the personal information that you give us at any time using your area in the app.

Where we have given you (or where you have chosen) a password which enables you to access certain parts of the Platform, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

 

11. COOKIES

 

The Company undertakes to make access to the Services offered as simple, efficient and useful as possible. With a view to this commitment, the Company uses only essential cookies.

These cookies are necessary as they allow you to access the App and the platform and use all its functions. Without these cookies the App would not work properly and you would not be able to use some important functions. Essential cookies are used for the purpose of preventing and detecting fraudulent activity.

It is not possible to disable essential cookies as these cookies are necessary to access the app and use its features.