Last update: December 10, 2018
misterb&b is committed to being as transparent as possible about the use of your data, to allow you to understand the implications of the data processing implemented or the rights you have regarding your data.
IMPORTANT. misterb&b implements and constantly updates administrative, technical and physical security measures in order to protect your data against unauthorized access, loss, destruction or alteration. However, the Internet is not a 100% secure environment and therefore misterb&b cannot fully guarantee the security of the transmission or the storage of your data.
Those responsible for handling your personal data are:
In other words, both misterb&b U.S. and misterb&b Europe (together referred to below as "misterb&b") are joint controllers for the processing of your data. Thus, the joint controllers have jointly established directives and together ensure the processing and the protection of your data.
misterb&b collects four (4) major types of personal data.
Please note that some of this data is displayed on the public pages of your profile and your Listing, and therefore becomes freely available to any visitors of the Site and the Application.
2.1. The required data for access and use of the misterb&b Platform
When misterb&b asks you to enter your data to allow access to one of the functionalities or services of the misterb&b Platform, certain fields may be mandatory.
This is data that misterb&b needs to provide the service in question or to enable access to this functionality or services. If you decide not to provide this data, it is possible that your registration as a Member cannot be completed or that you cannot benefit from the full range of the Services offered by misterb&b.
Some of the recipients of your personal data may be located in countries which are not members of the European Union and which have not been the subject of an adequacy protection decision by the European Commission. In such case, we ensure that this transfer is carried out under conditions in accordance with the laws and regulations in force by taking all appropriate measures and under legal, technical and operational guarantees capable of ensuring the confidentiality and security of your personal data, in particular by signing standard contractual clauses provided for by the European Union or any other mechanism in accordance with the regulations in force.
2.2. Additional data that you can choose to provide to misterb&b
You can choose to provide additional data for various reasons, such as enhancing the attractiveness of your misterb&b profile and Listing, answering the recurring questions from other Members, or sharing your personal experience.
2.3. The data that misterb&b automatically collects
When you access to and use the misterb&b Platform, misterb&b automatically collects data, including personal data.
Please note that you can object, by adjusting the settings of your browser or your connection device, to some part or entire (depending on the technology used) collection of this data. However, you understand that blocking some of this data may degrade, restrict or prevent access to, use and performance of the misterb&b Platform.
2.4. Data that misterb&b collects from third parties
misterb&b may collect data about you, including personal data, provided by third parties when you access to and use the Site, the Application and the Services. It may also be possible that misterb&b obtains data from other sources and combines it with the one misterb&b collects itself.
Third parties liability.
misterb&b does not control, monitor, nor is accountable for the policies and / or practices adopted by third parties in processing the data they transmit to misterb&b. Furthermore, misterb&b is not responsible for the accuracy of the data provided by third parties. Therefore, any request for information related to the disclosure of your personal data to misterb&b should be addressed to these third parties.
Depending on how you interact with the Site, the Application or the Services, your data will be stored and processed for the purposes described below. At the same time, you are informed of the legal basis which allows misterb&b to process your personal data for the relevant purpose.
3.1. Offer and customize access to and use of the misterb&b Platform
The processing of your data is based on the performance of the agreement that you have with misterb&b, your consent, as well as on the pursuit of legitimate interest, of a commercial nature, that misterb&b considers to have to adapt and personalize your access to and your use of the misterb&b Platform.
Your data will be processed to:
3.2. Assessing and improving the misterb&b Platform
The processing of your data is here required for the performance of the agreement that you have with misterb&b, the compliance by misterb&b with its legal obligations and the pursuit of the misterb&b legitimate interest in improving the misterb&b Platform. This legitimate interest of misterb&b can also be combined with yours when, for example, misterb&b seeks to develop more ergonomic features or provide new services that are more useful, efficient and / or comprehensive.
Your data is used to:
3.3. Facilitate and manage payments made via the misterb&b Platform
The processing of your data is here required for the performance of the service contract binding you to misterb&b (as a payment intermediary) and for the compliance by misterb&b with its legal obligations (for example in invoicing).
Your data will be processed to:
3.4. Maintaining and strengthen trust and security on the misterb&b Platform
The processing of your data is here required for the performance of the agreement between misterb&b and you, as well as for the pursuit of the misterb&b legitimate interest to carry out the verifications, inquiries and operations necessary to (i) fight against harmful or illegal activities on the misterb&b Platform, and (ii) protect users, Members and / or any third-party.
Some forms of data processing, for example in the context of the fight against certain illegal activities, is also required by the compliance by misterb&b of its legal obligations.
Your data will be processed to:
Please note that in order to best fulfill its objectives of maintaining security on the misterb&b Platform, misterb&b may use automated technologies. The detection by these automated technologies of what may be illegal or suspicious activities, can lead to automated decision-making, such as the partial or total blocking of your misterb&b Account, your content, your Payments/Payouts or your access to and use of certain features. Please note that, if you are a resident of the European Economic Area, you can request a human review by misterb&b of any automated decision-making affecting you. If you are not a resident of the European Economic Area, you can make a similar request, however, misterb&b is not obliged to respond to this request and may do so only to the extent possible and reasonable.
3.5. Provide efficient Customer Service
The processing of your data is here required for the sake of the pursuit of the legitimate interest that misterb&b considers having, to provide the most effective help possible to users who contact misterb&b by the various existing means of contact. This legitimate interest is combined with your own
interest, since the processing of your data allows misterb&b to properly manage your requests and answer the questions asked.
Depending on the matter of your request, the processing of your data may also be required by (i) the performance of the agreement binding you to misterb&b, for example when you submit a complaint concerning the Services, or (ii) the compliance by misterb&b of its legal obligations, when, for example, you submit a complaint aimed at enforcing your consumer rights or concerning personal data.
Your data will be processed to:
3.6. Provide and customize advertising and market the misterb&b Platform
The processing of your data is here required for the pursuit of the legitimate commercial interest that misterb&b considers having, to undertake marketing activities to advertise and market the misterb&b Platform and the products and services offered on it, and in doing so, sustain and grow its business activity.
In addition, certain processing of your data may be based on your consent, for example, when you agree to (i) receive marketing messages via your email address, (ii) receive notifications on your mobile phone, (iii) conditions for participation in a promotional action (such as the Wheel of Chance), or by publishing content on the misterb&b Platform or misterb&b’ social media.
Your data will be processed to:
3.7. Compliance with legal requirements, response to formal notices and preparation for legal proceedings
The processing of your data is here required by the compliance by misterb&b of its legal obligations, and the performance of the agreement that you have with misterb&b.
Your data will be processed to:
4.1. Sexual orientation data
You can identify yourself as “gay” on the misterb&b Platform. Sexual orientation is a category of data held as "sensitive" or "specific" by several regulations in various States, including the General Data Protection Regulation adopted by the European Union ("GDPR"). This sensitive data is therefore subject to special protection at misterb&b.
The legal basis for the collection and processing of this personal data by misterb&b is your consent. Your identification as "gay" on the misterb&b Platform is your full choice, and you can freely change it. To withdraw your consent to the processing of this sensitive personal data, please check the other “gay-friendly” identification from your misterb&b Account. If necessary, misterb&b will not keep any history, in the database, of your previous identification as "gay". misterb&b only collects and processes this personal data for the purposes of information for other Members and users. misterb&b does not use this personal data for commercial purposes and never will.
Please note that by providing this data about your sexual orientation, you consent to its publication on the public page of your profile (in the form of a rainbow icon associated with your profile photo), which is visible to any visitor of the Site and the Application.
4.2. Additional information about your communications via the misterb&b Platform
misterb&b may review, scan or analyze your communications on the misterb&b Platform (send to other Members or in the context of interactions with Customer Service). Such processing is required by the compliance by misterb&b with its legal obligations as well as the performance of the agreement between you and misterb&b, but also justified by the misterb&b’s pursuit of its legitimate interest in providing and improving the performance of the delivered Services.
In particular, the review, scan or analysis of your communications allows misterb&b to (i) comply with common regulations and standards related to content management and the fight against illegal content, (ii) fight against fraud, violation of applicable laws, regulations and misterb&b Terms, (iii) allow Customer Service to carry out effective actions, (iv) conduct research and analysis in order to monitor, develop, improve and optimize the misterb&b Platform.
Please note that to carry out these treatments, misterb&b uses automated technologies as much as possible. However, manual human review of certain communications may be necessary, in particular, without limitation, during the mediation offered by Customer Service in the resolution of disputes which may arise between Members. misterb&b undertakes not to review, scan or analyze your communications in order to send you commercial communications from third parties, and will not sell the results of these reviews, scans and analyzes.
4.3. Additional information on commercial communications
misterb&b may use your personal data to send you and personalize commercial communications. Such processing of your data is done, depending on localities, based on your consent.
You have the right to unsubscribe from the commercial communications that misterb&b sends you at any time. You can exercise this right by clicking on the "unsubscription" or "unregister" link in the marketing emails that misterb&b sends you. Finally, if your personal data is processed for direct marketing purposes, you can at any time ask misterb&b to stop processing your data for these direct marketing purposes by sending an e-mail to firstname.lastname@example.org.
4.4. Additional information on promotional offers and contests
4.5. Additional information on phone data processing
If you are a consumer being a resident in France, please note you can oppose to the use of your phone data for cold-calling, by listing yourself on cold-calling stop list (so-called "liste Bloctel").
misterb&b keeps your profile, yor transactions and communications data, as well as other personal data, as long as you have a misterb&b Account. Other data is stored for a reasonable period of time after its collection: for example, identity verification data is kept for a period not exceeding two (2) years after its collection.
Please note that when you request the deletion of your data, it will be deleted immediately, except in the cases and for the time periods explained in section 8.1.
To provide you with access and use of the misterb&b Platform, as well as to ensure its maintenance and development, misterb&b is required to share data with a certain number of actors, as described below.
6.1. Data sharing within the misterb&b corporate group
To ensure access to and use of the misterb&b Platform, as well as to maintain and develop it, misterb&b performs data sharing amongst entities of the misterb&b group of companies.
6.2. Sharing with other Members
Some of your data may be shared with other Members. Naturally, such sharing to other Members never concerns your payment and billing data.
The sharing of your data, by misterb&b, to other Members takes place in the following cases in particular:
6.3. Sharing to the general public
You can post, via the misterb&b Platform, data, including personal data, available to the general public (that is to say available to any person without that person needing to register on the misterb&b Platform).
For example, these include the following data:
Please note that the data that you share publicly on the misterb&b Platform may be indexed via third party search engines. misterb&b has no control over the practices of third-party search engines, which may use cache memories containing personal data that is no longer updated or that you have indicated that you no longer wish to share publicly on the misterb&b Platform.
6.4. Data sharing with official authorities
misterb&b may be required to disclose data, including personal data, to official authorities (such as government authorities, tax authorities, administrative authorities responsible for law compliance and enforcement, judicial authorities) or to third parties authorized by these authorities.
When required or permitted by law (in the context of voluntary collaboration), such disclosures to the authorities described above may occur in the following situations:
Collection of taxes applicable to short-term rentals. Please note that misterb&b collects taxes applicable to short-term rentals in a number of localities. In these localities, misterb&b is authorized, or required, to disclose the data necessary for reporting and remitting the taxes collected. This may include data relating to relevant bookings and transactions, as well as, for example, data relating to the identity of the Host and / or Guest, the tax identification of the Host, the identification of the Rental Property (for example, address, type of accommodation). Please note that whenever possible, misterb&b reports and pays the collected taxes so as to preserve the anonymity of Hosts and Guests as much as possible.
Registration of rental activity with local authorities. Please note that misterb&b encourages or requires the rental activity to be regular, and that such rental activity and / or the Rental Property has been registered with, authorized or licensed by the local administration, when required by local regulations. In some cases, because the law or regulations require it or for the implementation of a voluntary collaboration agreement made with an authority described above, misterb&b may transmit data concerning the legal situation of the rental activity and / or Rental Property to said authorities. If necessary, misterb&b may be required to transmit data relating to the relevant bookings and transactions, the identity of the Host and / or the Guest, the tax or administrative identification (registration or license number) of the Host, the identification of the Rental Property (for example, address, type of accommodation) as well as the details of the Host or the URL of the Listings he has posted on the misterb&b Platform.
6.5. Data sharing with service providers
misterb&b uses various third-party service providers to help it provide the Services related to the misterb&b Platform, including, without limitation, payment services, identity verification, customer support and advertising. These service providers are based in Europe and North America.
The access enjoyed by these providers is limited to the only information required for the fulfillment of their assignments. Furthermore, misterb&b requires its service providers, by contract, to (i) protect the data transmitted; (ii) use the data transmitted for the sole purposes decided by misterb&b; and (iii) destroy the transmitted data once the relevant assignment has been completed.
6.6. Data sharing with channel managers and Partner Agencies
misterb&b may share data about your identity and your bookings with entities responsible for broadcast channels of tourist accommodation supply (also called “channel managers”), or with Agency Partner(s) sharing on the misterb&b Platform the supply created on their own platform by their users.
The purpose of sharing this data with the channel managers and Partner Agencies is the facilitation and / or making of bookings carried out via the misterb&b Platform. Data is not shared with the aforementioned recipients for marketing use by them.
misterb&b's activity is international. Thus, misterb&b may have to transfer, store and process your data in and outside of the European Economic Area.
Applicable data protection laws and regulations vary among localities. When personal data collected by misterb&b within the European Economic Area is transferred, stored and processed outside of it, misterb&b ensures the implementation of appropriate protection measures to ensure a proper level of data protection.
7.1. Group of companies
misterb&b may have to transfer, store and process your data in the misterb&b group of companies based in France, the United States and Peru.
The transfer of your data from the European Economic Area to the United States is framed by an agreement based on standard contractual clauses of the European Union (as approved by the European Commission).
7.2. Providers and partners
misterb&b may have to transfer data to suppliers and service providers, as well as to its partners, located outside the European Economic Area.
On such occasions, transfers of data collected within the European Economic Area to suppliers and service providers located outside of it, are supervised either by an adequacy decision from the European Commission confirming an adequate level data protection in the non-EEA country in question (see map here), or an agreement based on standard contractual clauses of the European Union (issued by the European Commission).
You have certain choices regarding your personal data. You will find below a summary of these choices, how to exercise them and any restrictions that may apply.
8.1. Deletion of your data
You can disable / delete your misterb&b Account at any time, by going to the "My Account" section then "Account settings".
Please distinguish the deactivation of your misterb&b Account, which allows you to not be visible to other Members temporarily, from the deletion of your misterb&b Account, final action which leads to the deletion of the data associated with the misterb&b Account. If you are a Host, and want to disable a Listing, you can do so without deactivating your misterb&b Account by making the Listing inactive in your Listing management space from your misterb&b Account.
Once your misterb&b Account has been deleted, all bookings you currently have as a Host or Guest will be automatically canceled.
You will not be able to reactivate a deleted misterb&b Account, or access the data associated with it. If you wish to re-connect to the misterb&b Platform, you will have to re-create a misterb&b Account without being able to associate or recover the data from your old misterb&b Account.
When you request the deletion of your data, it will be deleted immediately, unless:
Please note that it is possible that misterb&b may dissociate certain data or carry out their anonymization in order to keep using them after your deletion request, in a way that such data will not allow the identification of your person anymore.
8.2. Your rights to data protection as a resident of the European Economic Area
As a resident of the European Economic Area, you are entitled to certain rights about the processing of your data. Please find below the nature, the limits and the manner of exercising these rights.
8.2.1. Data access
You have the right to request misterb&b access to the data that misterb&b has about you. Please note that if you are a Member of the misterb&b Platform, much of this data can be accessed from your misterb&b Account.
8.2.2. Data management and rectification
You can access, correct or update some of your data in the settings of your misterb&b Account. When you cannot access, correct or update some of your data in the settings of your misterb&b Account, you have the right to request the rectification of this data via Customer Service, or by using the contact details specified at section 10.
You are responsible for keeping your personal data up-to-date, when you can modify them yourself from your misterb&b Account. Any damage or loss caused to the misterb&b Platform, to the misterb&b Platform responsibles, or to any other third party on the grounds of providing incorrect, inaccurate or incomplete data is your exclusive responsibility.
If you have chosen to connect your misterb&b Account to a third-party application, such as Facebook or Google, you can change your settings at any time and withdraw the authorization to connect to the third-party application by changing the settings in your misterb&b Account.
8.2.3. Data portability
As described in section 3, when the processing of your data is based on your consent or the performance of the contract with misterb&b, you have the right to request the portability of your personal data. This means that you will have the right to receive the personal data that you have provided to misterb&b, in a structured format, in current
use and machine-readable form, in order to be able to transfer it directly to another entity, provided that is technically possible.
8.2.4. Withdrawal of consent
You can freely withdraw your consent, at any time, for any processing of your data that misterb&b performs on the basis of your consent. Please note that the withdrawal of your consent has no effect on the lawfulness of the processing carried out on the basis of your consent before its withdrawal.
8.2.5. Objection to the processing of your data
You can ask misterb&b not to use your personal data for certain specific purposes (including data profiling) if said processing is based on a legitimate interest. If you object to this processing, misterb&b will no longer process your personal data for these purposes, unless misterb&b can demonstrate (i) serious and legitimate reasons for this
processing which prevail over your own interest, or (ii) that this processing is required for the establishment, exercise or defense of legal claims.
8.2.6. Limitation of the processing of your data
You can ask misterb&b to limit the processing of your data, which involves:
You have the right to file a complaint concerning the data processing carried out by misterb&b with the Data Protection Officer of misterb&b, which you can reach at email@example.com.
If you live in one of the member States of the European Economic Area, you can also file a complaint with the French Data Protection Authority (Commission Nationale de l’Informatique et des Libertés – CNIL), the main supervisory authority of misterb&b, or with your local supervisory authority (see contact information of local supervisory authorities here).
If you wish to receive any additional information concerning the processing of your personal data by misterb&b, or seek to exercise your rights, please find the relevant contact details below:
Postal address: 15, Rue des Halles, 75001 PARIS, FRANCE
E-mail of the Data Protection Officer: firstname.lastname@example.org
Postal address: 584, Castro Street, SAN FRANCISCO 94114, CA, UNITED STATES
E-mail of the Data Protection Officer: email@example.com