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1. THESE TERMS
1.1. What these terms cover. These are the terms on which we supply services to you. Our primary service is the provision of online marketplace services enabling Property Owners to advertise properties and facilitate communication with potential Vacationers.
1.2.1. You are a “Property Owner” using our online marketplace to list and advertise your properties.
1.2.2. You are a “Vacationer” using our online marketplace to find holiday rental accommodation and contact a Property Owner for the purpose of sourcing rental accommodation for a holiday.
1.3. Why you should read these terms. Please read these terms carefully before you agree to use our service. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, the duration of the contract, what to do if there is a problem and other important information.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1. Who we are. We are Secluded Escapes Ltd (Company number 11805168) a company incorporated in England and Wales and whose registered office is 20-22 Wenlock Road, London, N1 7GU.
2.2. How to contact us. You can contact us by sending us an email to firstname.lastname@example.org.
2.3. How we may contact you. If we need to contact you, we will do so by telephone or in writing by the email or postal address you provided to us.
2.4. What we do. We provide an online marketplace for Property Owners to advertise their holiday rental properties and communicate with potential Vacationers. Our online marketplace only facilitates advertisement and communication between Property Owners and Vacationers. We do not own or have any other link, association or vested interest in properties advertised on our online marketplace. Secluded Escapes is not a party to any contract engaged between the Property Owner and Vacationer.
3. OUR CONTRACT WITH YOU
4. YOUR USE OF OUR SERVICES
4.1. Acceptable use of our service.
4.1.1. All Users warrant to only use the online platform for its intended purpose (see 2.4). The User is accountable for any improper use, unauthorised access or other consequential action that is of detriment to Secluded Escapes.
4.1.2. All Users warrant that they have capacity to be bound by these terms and in doing so will not breach any constitutional documents, contractual arrangements or other applicable provision.
4.1.3. The communication tools within the online marketplace must only be used for the purpose of exchanging communications regarding a property and associated arrangements. Under no circumstances will Users use the platform for solicitation, spam or other misuse or purposes. Communications via the site are viewable by us and we may monitor communications to enforce the terms of these terms.
4.1.4. All Users will ensure the protection of their login credentials and passwords.
4.1.5. All User contributions and interaction must be truthful, accurate and appropriate. Anything illegal, obscene, offensive, defaming, discriminatory or otherwise inappropriate is strictly prohibited.
4.1.6. The User must have the legal right to able to submit and list content contributed.
4.2. Specific terms for Property Owners.
4.2.1. Property Owners warrant they are permitted, and have the authority, to enter and be bound by these terms. This includes holding all licenses, insurances and other requisites to list and let rental property(ies), and adherence to all applicable laws, rules and regulations.
4.2.2. Property Owners are required to purchase an annual subscription to list their properties. The term starts on the date the Property Owner pays the subscription fee and expires on the last date of the annual subscription period (365 calendar days) unless renewed. Annual subscription renewals and payments are processed automatically. The automatic renewal can be discontinued by logging into your subscription account created during the initial sign up (https://secludedescapes.chargebeeportal.com/) or by contacting us at email@example.com. Unless the subscription is discontinued prior to the renewal, we will automatically charge your form of payment for the renewal and you hereby authorise us to do so.
4.2.3. If a Property Owner purchases a subscription but does not create a listing, the listing does not show on the website, or is not considered suitable by us, we will refund the subscription listing. We reserve the right not to permit a listing or may remove a listing at our sole discretion.
4.2.4. Subscription fees are non-refundable in the event the Property Owner wishes to terminate or otherwise remove their listing before the end of the subscription period.
4.2.5. Property Owners warrant that they will provide only accurate and up to date information for their listings. Property Owners will submit two forms of proof of ownership to us via email (firstname.lastname@example.org) for each property within two weeks of submitting the listing. Proof of ownership can include, but not be limited to, a scan of the following: (i) property title or deed; (ii) bill of sale; (iii) tourist license or other formal permit to let the property; (iv) utility bill; or (v) proof of mortgage. Failure to adhere to this, or failure to evidence ownership, may result in the removal of your property listing.
4.2.6. Property Owners will not mispresent, attempt to mislead or otherwise deceive us or Vacationers. Such actions will result in permanent exclusion from the online marketplace and may invoke legal action against the Property Owner and/or reporting to relevant authorities. In such an event, and for the avoidance of doubt, subscription fees will not be refunded.
4.2.7. Property Owners are required to provide the address of their advertised property to enable accurate searching and listing using Google Maps. Google Maps is a third-party resource and the Property Owner hereby accept the terms and conditions of Google Maps accordingly.
5.1. Relationship between the Property Owner and Vacationer. Secluded Escapes disclaims all liability in respect of the contract and agreement engaged between the Property Owner and Vacationer for accommodation rental.
5.2. Liability of Property Owners. Property Owners shall carry insurance cover as is sufficient to cover its liabilities under these terms and to provide rental accommodation. The Property Owner will indemnify Secluded Escapes, and hold Secluded Escapes harmless, from all direct, indirect or consequential liabilities such as loses, claims, demands, costs and expenses (including legal fees) incurred or suffered by Secluded Escapes arising out of or in connection with any breach of these terms or any negligent acts, omissions or any infringements directly or indirectly linked to the Property Owner (this includes, but is not limited to, loss of profits, loss of business, depletion of goodwill and similar loses). The Property Owner shall (at its own cost) provide assistance that Secluded Escapes (shall reasonably require) to assist with any third party claims or disputes arising out of or otherwise in connection with Property Owners liabilities as outlined.
5.3. What we are not liable for. Whilst reasonable effort is made by Secluded Escapes to check authenticity and accuracy of a property listing, Secluded Escapes shall not be liable for any loss, expense, damage or delay arising from any misrepresentation by a Property Owner.
5.4. What we are liable for. Nothing in these terms shall limit or exclude Secluded Escapes liability for; death or personal injury caused by its negligence; fraud or fraudulent misrepresentation or wilful default by its own employees, agents or subcontractors; a breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Good Services Act 1982; liabilities arising from a breach of data protection; or any matter for which it would be unlawful to exclude or restrict liability.
6. HOW WE MAY USE YOUR PERSONAL INFORMATION
6.1 How we will use your personal information. We will use the personal information you provide to us to:
· provide the services in performance of these terms between us;
· process your payment for such services;
· if you agreed during the sign-up process, to inform you of other services and send newsletters, but you may stop receiving these communications by updating your profile or by contacting us; and
7. OUR RIGHTS TO MAKE CHANGES
7.1. Minor changes to the services. We may change the services:
7.1.1. To reflect changes in relevant laws and regulatory requirements; and
7.1.2. To implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the services.
7.2. More significant changes to the services and terms. In addition, we may make changes to these terms or the services relating to the price, your subscription plan or use of the services, but if we do so we will notify you and you may then contact us to end the contract. Subscription paying Property Owners will receive a refund at an adjusted value in respect of the remaining subscription period.
8. YOURS AND OUR RIGHTS TO END THE CONTRACT
8.1. Property Owners. The annual subscription sold runs for the full 365 day term. In the event a Property Owner terminates this agreement before the end of this term, the subscription fee will not be refunded.
8.2. Vacationers. Vacationers can terminate their agreement at any stage by deleting their profile by accessing their profile settings.
8.3. Secluded Escapes. We reserve the right to remove any Users and terminate their right of use of the service without any specific reason and without being liable for compensation. We may terminate this contract if; (i) we determine or suspect that there has been a breach of these terms; (ii) a User has acted unlawfully; (iii) a User has acted in a manner that is detrimental to any party; or (iv) a User otherwise misuses the service.
9. RIGHTS OF CONTENT
9.1. The Users themselves retain the right to all text, pictures and other content that they create in the service. The Users allow others to utilize the content in accordance with the nature of the service and furthermore allow Secluded Escapes to file information and data and make changes that are necessary for the service, however other rights are not transferred from the Users, unless specifically otherwise agreed. The responsibility of the content lies with the user, who has provided it to the marketplace. We have the right to remove or amend any material when we deem it necessary.
10. IF THERE IS A PROBLEM WITH THE SERVICES
How to tell us about problems. If you have any questions or complaints about the services, please contact us. You can contact us by ‘contact us’ on the website or by email, writing to email@example.com.
11. OTHER IMPORTANT TERMS
11.1. Secluded Escapes assumes no duty to investigate complaints.
11.2. Secluded Escapes reserve the right to change these terms if required.
11.3. Secluded Escapes make no guarantees of the functioning of the service.
11.4. The Users are themselves responsible for their actions using the service and they should estimate the reliability of other Users before dealing with them.
11.5. Users may not store any information or data in the service and expect it to remain there.
11.6. The Service may only be used in accordance with these terms.
11.7. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the agreement within 90 days of us telling you about it and, for subscription paying Property Owners, we will refund an adjusted value in respect of the remaining subscription period.
11.8. You may only transfer your rights or your obligations under these terms to another person with our written consent. We may withhold our consent if we have good reason to do so.
11.9. Nobody else has any rights under this agreement (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
11.10. If a court finds part of these terms illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
11.11. Even if we delay in enforcing these terms, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaching these terms, that will not mean that you do not have to do those things or prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but you continue to use the service, we can still require you to make the payment at a later date.
11.12. These terms are governed by English Law.
Personal data is an increasing concern for individuals and it’s understandable that people are interested in how companies look after their data and privacy. Your privacy and protection of your data is of paramount importance to Secluded Escapes.
- Transfer, and,
- Store your data
Secluded Escapes is an online marketplace that allows property owners to advertise and communicate directly with vacationers. Our website only facilitates the advertisement of properties by property owners to vacationers. A property owner can be an individual or a company and both a property owner and vacationer should refer to respective terms and conditions independently engaged between them regarding provisions for data, to which Secluded Escapes is not a party.
Our commitment to you
Secluded Escapes is committed to protecting and respecting your privacy. We will consider the six data principles when making decisions regarding the data we have received. More information can be found at www.ico.org.uk.
The information you provide to us
We may collect and use personal information that you provide directly to us. Personal details are collected to make communication and use of service possible. Details can be used for communication between property owners and vacationers for direct communication between users. Some personal details are visible on the profile page of the user, but those details are voluntary (except name).
The types of personal information we may collect when you provide it to us include:
- Basic details such as your name, address and contact details;
- Company information;
- Payment information;
- Account information including username and password (stored in encrypted format);
- Proof of ownership (including, but not limited to, utility bill, permit or license, deed or mortgage confirmation);
- Pictures (the picture you provide to populate your user profile and properties);
- Descriptions of properties;
- Feedback information;
- Details of visits to our website including your IP address, login information and other analytical information (please refer to our cookie usage information); and
- Any other personal data we collect, or you chose to disclose to us, in the course of providing services or in operating our business.
Your data may be collected:
- By telephone;
- By correspondence including post, text, email or otherwise;
- Via our website, for example, by completing and submitting your listing or by submitting an enquiry;
- Via linked portals, for example, our payment and subscription portals;
- Log information, including browser information, page views, IP addresses, and the website visited before navigating to our website;
- Information collected by cookies and other tracking technologies;
- From third parties such as other companies who have obtained your permission to share information about you, and or, have an identified lawful basis for doing so.
We may also obtain information from other sources and combine that with the information we collect through our website. For example, when you create or log into your account through a social media site, we will have access to certain information from that site, such as your name and account information, in accordance with the authorisation procedures determined by such social media sites except to the extent that your chosen social media platform allows you to disable this functionality. We may use publicly available tools, such as a Google Analytics, to better understand users’ preferences. Collection of data by third-party tools are subject to their respective privacy policies.
In general we use your data to provide services as an online marketplace, including the following purposes:
- Provide and deliver the services and send you service related information;
- Send you technical notices, updates, security alerts, support messages, and administrative messages;
- Respond to your comments, questions, requests, and provide customer service;
- Provide, maintain, advertise, promote and improve our services;
- Facilitate communication among users of our services;
- Communicate with you about products, services, offers and promotions;
- Monitor and analyse trends, usage, and activities in connection with our services; personalise and improve our services and provide content or features through the service that match user profiles or interests;
- Link or combine with information we get from others to help understand your needs and provide you with better service;
- Prove property ownership and verify identity;
- Process and respond to any queries, concerns or complaints;
- Allow for billing and to obtain payment, including sending confirmations and invoices;
- Facilitate marketing and business development (only with your consent); and
- Carry out any other purpose for which the information was collected.
We will not use your data for automated decision making.
We rely on the following lawful bases for processing your personal information:
- Consent: for marketing and business development activities including newsletter communications. Consent may also be used where a requirement arises during the day-to-day provision of services (in accordance with the 6 lawful bases);
- Contractual necessity: we will process your personal data when it is necessary to perform a contract you have entered into, or in order to take steps at your request prior to entry into a contract;
- Legal obligation: we will process your personal data when it is necessary to comply with a legal or regulatory obligation (e.g. identity checks, external auditing)
- Legitimate interests: we will process your personal data when we, or a third party, have a legitimate interest in processing it. We only process for this reason if the legitimate interest is not overridden by your own interests or fundamental rights or freedoms. Please contact us if you would like more information on our, or a third party’s, legitimate interests and the balancing test we use to ensure processing is lawful.
We will only use your personal data for the purpose, or purposes, for which we have obtained it. If we reasonably consider that we need to use it for another reason we will only do so if that reason is compatible with the original purpose. If we need to use your personal data for an unrelated purpose, we will inform you and explain the legal basis which allows us to do so.
We may process your data without your knowledge or consent where this is required by law.
Please contact us if you would like further information on the exact lawful basis for any specific data processing activity.
We will share your data with carefully selected third parties when:
- You specifically request it, or a disclosure is required in-order-for us to provide our services and/or fulfil our contractual obligations to you;
- We are under a legal or regulatory duty to disclose your information; or,
- As a result of any changes in business ownership or organisation.
We may share your personal information, where required and to the extent permitted and on which we have a lawful basis, with:
- Vendors, consultants, and our service providers who need access to such information to carry out work on our behalf as requested through the services;
- In response to a request for information, if we believe disclosure is in required by applicable law, regulation, or rule; or administrative, judicial, or other government order;
- Law enforcement agencies;
- In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business to another company;
- Analytics and search engine providers who assist in improving our website; and,
- Any other third party you may ask us to share your data with.
Our service providers include:
- Sharetribe who provide website hosting and support (https://www.sharetribe.com/privacypolicy.html)
- Chargebee who provide subscription and billing services (https://www.chargebee.com/privacy/)
- Stripe who provide payment gateways services (https://stripe.com/gb/privacy)
Your personal information may be transferred to, and processed in, countries different to the country where you reside. This can be outside of the European Union (EU) / European Economic Area (EEA) where protection laws may differ to the laws of your residing country. We, and our service providers, will only transfer personal data outside of the EU/EEA with adequate safeguards required by applicable data protection law. We ensure that any of our third-party service providers to whom a data transfer is made has appropriate safeguards in place to protect your personal information. The adequacy mechanism may be adequate country status (based in a country that the European Commission has deemed "adequate"), contractual controls and mechanisms, or EU-US and Swiss-US Privacy Shield.
Specifically, the servers of our online services are located in the US, and group companies of our service providers and third party service providers operate around the world. This means that when we collect your personal information we may process it in any of these countries.
Secluded Escapes has in place physical, electronic and operational procedures intended to safeguard and secure the information we collect.
Data is stored using Amazon Web Service (AWS) cloud hosting, located in the East USA Data Centre. Our service provider has signed a Data Protection Agreement with AWS that includes the Model Clauses that the EU currently requires to make sure the data storage partner outside EU area is trusted enough to be used. The data is stored in a MySQL database where there is limited access only to personnel who need it for work. With some critical information we take extra measures, for example, user passwords are only stored in an encrypted format and credit card details are not stored on our servers at all, only at the payment provider services that specialise in payment data handling.
Exceptionally, we may retain personal data for a longer period if we have a legitimate reason or an obligation to store data for the purposes of criminal investigation or other corresponding reason.
You have the right to access and obtain a copy of data held about you upon request. Such request shall include information that is necessary for retrieving the data and shall be made using a personally signed document which can be addressed to firstname.lastname@example.org. Secluded Escapes rectifies, erases or supplements possibly erroneous, unnecessary, incomplete or obsolete personal data at its own initiative or at the request of the individual concerned. You should contact email@example.com to correct any possibly erroneous data.
You have the right to prohibit Secluded Escapes from processing personal data for purposes of direct marketing. We advise you to notify Secluded Escapes of such possible prohibitions in writing.
You also have a right to data portability to the extent granted by applicable data protection rules. Data portability refers to a right to receive own personal data in a structured, commonly used machine-readable format and transmit your personal data to another data controller.
If you think there is a problem with the way Secluded Escapes is processing personal data, you should firstly contact Secluded Escapes to discuss and seek remedy. If your concern is not resolved to your satisfaction you have the right to raise a concern at any time to the Information Commissioner’s Office (“ICO”) who is the UK supervisory authority for data protection issues. For more information on submitting a concern, or the data protection regime in general, please visit the ICO’s website.
Secluded Escapes uses third party cookies for various purposes. We may use third party cookies for statistical purposes to compile anonymous, aggregated statistics, such as to estimate number of users and detect which parts of the service users find most useful, and identify features that could be improved. For such purposes, we use third party cookies, such as Google Analytics, to help analyse how our users use the service. The technical usage information (including IP address) generated by the cookie about use of the service is transmitted to such third parties to compile statistical reports.