Purpose of the site
The Website www.maybehost.com is a general information site only to present products and services and with access to the website www.maybeguest.com which is an e-commerce site, which allows, in particular, to offer for sale a selection of services and benefits to tenants of its housing offered for rent.
Responsibility
The seller, in the process of selling online, is only bound by an obligation of means; its responsibility cannot be engaged for any damage resulting from the use of the Internet network such as data loss, intrusion, virus, break in service, or other involuntary problems.
The services marketed under the MAYBEHOST or MAYBEGUEST brand comply with current French legislation and the standards applicable in France.
The photographs illustrating the services are simple illustrations and have no contractual character.
Intellectual Property and Use of the Merchant Site
MAYBEHOST SAS holds the intellectual property rights to the entire Website.
Subject to the license below, all such intellectual property rights are reserved.
All texts, comments, illustrations and images reproduced on the site “www.maybeguest.com” are and remain the exclusive intellectual property of MAYBEHOST SAS. In this respect, and in accordance with the provisions of the Intellectual Property Code, only private use is authorized, subject to different, even more restrictive provisions of the Intellectual Property Code.
Any total or partial reproduction of the site “www.maybeguest.com” is strictly forbidden.
Any simple link or hypertext link without a written agreement from MAYBEHOST SAS is strictly prohibited.
The User may view, download or print pages from the Site for personal use only, subject to the restrictions set forth below and elsewhere in these Terms and Conditions.
The user must refrain from using the Site;
- Likely to damage its content, availability, or accessibility.
- Unlawful, fraudulent or involved in any activity that has an unlawful, illegal, fraudulent or harmful purpose.
- Aiming to copy, store, organize, transmit, send, use, publish or distribute any item that consists of malicious software. Or to transmit or send unsolicited commercial communications.
- Promoting or having as its object marketing-related activities without the express written consent of MAYBEHOST SAS.
Copyright and License
The Site hosts and offers content owned by MAYBEHOST SAS. This content includes, but is not limited to, the design, layout, look, appearance, design, graphics…
The user must use this content subject to the restrictions described in these terms.
He is therefore only authorized to download, store, display, use, reproduce, copy, print, any material included in the Site for his own personal use.
And refrain from:
- Republish the content of the Site, in particular on another website, except in the case of social networks such as Facebook and Twitter, in which case you may only be authorized to publish excerpts in order to promote the use of the Site and the MAYBEHOST services;
- Sell, rent, license or sublicense, distribute, copy, duplicate, publish or reproduce the information from the Site and any content or materials for use by others;
- Exploit the content of the Site for commercial purposes.
Protection of personal data
MAYBEHOST’s policy regarding the processing of personal data of the individual client takes into consideration the European regulation (the General Data Protection Regulation: “RGPD” n° 2016/679 of 27 April 2016), as well as the regulation applicable in France.
Therefore, MAYBEHOST respects the confidentiality of the client’s personal data and privacy.
In addition, MAYBEHOST protects the client’s personal data by means of technical and organizational security measures in accordance with the applicable standards.
Who is responsible for the data processing operations
MAYBEHOST, a simplified joint stock company with a capital of 10,000 euros, registered with the CANNES Trade and Companies Register under number 830 939 682, whose registered office is located at 15 rue du Pré, in CANNES (06400), which can be reached on its website www.maybeguest.com and by telephone at +33 4 97 06 35 22 or by email host@maybehost.com.
Is responsible for the processing of the customer’s personal data within the meaning of the GDPR.
In the course of entering into and performing the contract, MAYBEHOST will process certain personal data of the client only for the purposes and under the conditions set forth herein.
What data does MAYBEHOST process?
Personal data is information about an identified or identifiable individual.
Within the framework of the conclusion and execution of the contract, MAYBEHOST processes the client’s personal data to the extent permitted by law, with particular regard to the principle of data minimization. This applies in particular to:
- Data provided by the customer: when requesting a quote or during the execution of the contract, the customer provides certain information such as: name, address, e-mail address, telephone number.
- Special Categories of Data: MAYBEHOST avoids collecting and processing special categories of personal data. These are data that can reveal the racial or ethnic origin of the customer, his political opinions, religious or philosophical beliefs, his trade union membership, as well as genetic data, biometric data for the formal identification of a physical person, health data or data on sex life or sexual orientation.
If MAYBEHOST should nevertheless collect or otherwise process special categories of data for the purposes set out below, it will always process them in accordance with the legal provisions and the provisions of this article on data protection information.
On what legal basis does MAYBEHOST process client data
MAYBEHOST processes client data only if there is a legal basis for doing so, in particular on the basis of Articles 6 and 9 of the GDPR, and on the basis of consents collected in accordance with Article 7 of the GDPR.
The processing of customer data is based on at least one of the following legal grounds:
- Consent (Article 6(1)(1)(a), Article 9(2)(a), Article 7 of the GDPR): MAYBEHOST will process certain data only on the basis of the prior express consent of the client. The customer may revoke his consent at any time.
- Performance of a contract or pre-contractual measures (Article 6(1)(1)(b) of the GDPR): to perform the client’s contract, MAYBEHOST needs access to certain data.
- Fulfillment of a legal obligation (Article 6, paragraph 1, point 1(c) of the GDPR): MAYBEHOST is subject to several legal obligations, which may require the processing of certain data.
- Preservation of legitimate interests (Article 6(1)(f) of the GDPR): MAYBEHOST processes certain data to safeguard its interests or those of third parties. However, this only applies if the interests of the client do not prevail in this particular case.
For what purposes is the customer’s data processed
MAYBEHOST processes the customer’s personal data for authorized purposes in accordance with data protection.
These include the purposes listed below:
- The purposes for which the customer has given prior consent,
- The implementation of pre-contractual measures carried out at the request of the customer,
- Processing to execute the contract concluded with the customer,
- Fulfillment of the legal obligations to which MAYBEHOST is subject,
- The preservation of the legitimate interests of MAYBEHOST, or the legitimate interests of third parties, to the extent that the interests of the client do not prevail,
- The assertion, exercise or defense of rights,
- For important public interest reasons,
- MAYBEHOST’s commercial communication,
MAYBEHOST also processes data for specific purposes:
- Processing purposes related to the contract
MAYBEHOST needs to process customer data in order to perform the contract with the customer, including the following tasks and activities:
- Decision on the conclusion of the contract
- Contract-related contact: During the preparation of the contract and its execution, MAYBEHOST may have the need to contact the client,
- Contract Management: Contract management generally involves the administration, adaptation, processing, and updating of the contract,
- Customer service: In order to provide a quality customer service, MAYBEHOST regularly processes customer data, for example to be able to advise the customer,
- Receivables management,
- Management of contract termination,
- Transmission to subcontractors for the proper execution of the contract.
- Purposes of processing based on consent:
In some areas, MAYBEHOST processes client data only in the context of the consent given by the client:
- Satisfaction survey
- Commercial communication
- Customer profile creation for marketing purposes: MAYBEHOST has the possibility to create an individual customer profile in order to send him/her personalized communications
- Sharing with other entities listed in the consent form.
- Processing purposes to fulfil legal obligations
MAYBEHOST is subject to various legal obligations. In order to comply with them, it processes customer data when necessary:
- Internal compliance management
- Data security: MAYBEHOST may process client data as part of measures to verify and ensure its security,
- Defense of rights: MAYBEHOST also processes the client’s data in case of litigation if necessary.
- Processing purposes based on a legitimate interest
MAYBEHOST processes some of the client’s data in order to safeguard legitimate interests, to the extent that those of the client do not prevail:
- Management of commercial actions
- Administrative tasks within MAYBEHOST
- Customer relationship management.
How long does MAYBEHOST keep customer data
In accordance with Article 17 of the GDPR, MAYBEHOST will only retain client data for the time and purpose necessary to process the data.
If MAYBEHOST processes customer data for more than one purpose, the data will be automatically anonymized or stored in a format that does not allow direct inferences about the identity of the customer, as soon as the last specific purpose has been fulfilled.
In order to ensure that all client data has been anonymized in accordance with the data minimization principle and Article 17 of the GDPR, MAYBEHOST has developed an internal anonymization concept, the principles of which are elaborated below:
If no contract is concluded as a result of the customer’s request for a quotation, the customer’s data will be anonymized no later than 1 year after the request.
If a contract has been entered into and renewed, the data will be anonymized 5 years after the end of the last renewal.
How is the data protected
MAYBEHOST attaches great importance to the security of the client’s personal data. His data is therefore processed in accordance with the requirements of Article 32 of the GDPR.
To do this, MAYBEHOST relies on technical and organizational security measures that comply with recognized and constantly revised IT standards.
Thus, MAYBEHOST uses all means at its disposal to ensure that the client’s data is at all times adequately protected against misuse or any other form of unlawful data processing.
With whom customer data is shared
If, as part of the Data processing procedures described in the above sections, the client’s data is processed in countries outside the European Union (EU) or the European Economic Area (EEA), MAYBEHOST guarantees that the data will be processed in accordance with the applicable European standards. To the extent necessary, and in order to ensure the security of transfers of Data to recipients outside the EU or EEA, MAYBEHOST will, where appropriate, use Data transfer agreements based on the EU standard contractual clauses, or other mechanisms that permit the transfer of such Data and include appropriate technical and organizational measures. The EU already officially recognizes some non-EU countries as offering an adequate level of protection of personal data (*). Therefore, data transmissions to these countries do not require separate regulatory approval or agreement.
Where the country of destination of the data does not benefit from an adequacy decision, MAYBEHOST provides appropriate safeguards (binding corporate rules, standard data protection clauses adopted by the CNIL and approved by the Commission, approved code of conduct or approved certification mechanism with a binding and enforceable commitment by the controller or processor in the third country to apply appropriate safeguards, including with respect to the rights of data subjects).
However, in the absence of an adequacy finding or appropriate safeguards, a transfer or a set of transfers of Personal Data to a third country may take place when the transfer is necessary for the performance of the contract between the client and MAYBEHOST or for the implementation of pre-contractual measures taken at the request of the data subject,
- An updated list of these countries is available at this link: http: //ec.europa.eu/justice/data-protection/international- transfers/adequacy/index_en.htm.
Customer’s rights
As a data subject, the client may exercise certain rights with MAYBEHOST under the GDPR and other applicable data protection regulations.
- Rights of the persons concerned
According to the GDPR, the customer as a data subject has the following rights, among others:
- Right of access (Article 15 of the RGPD): the customer may at any time request from EFEDUS information about the data that are
held against him. This information includes the categories of data that are processed, the purposes of the processing, the source of the data if they have not been collected directly from the customer, and, where applicable, the recipients to whom the data have been transferred. The customer can receive a copy of his data free of charge.
- Right of rectification (Article 16 of the RGPD): the customer can request the rectification of his data. Based on the most recent information available to MAYBEHOST, MAYBEHOST will take appropriate steps to ensure that the data held about the client, which is processed on an ongoing basis, is accurate, complete, current and relevant.
- Right to erasure (Article 17 of the GDPR): the customer may at any time request the deletion of his or her data, provided that the required legal conditions are met.
According to Article 17 of the GDPR, this may be the case if:
- The data is no longer necessary for the purposes for which it was collected and/or processed,
- The customer has revoked his or her consent on which the processing of his or her data is based, and if there is no other legal basis for the processing,
- The customer objects to the processing of his or her data, and if there is no overriding legitimate reason for the processing, or if he or she objects to the processing of data for commercial prospecting purposes,
- The data was processed illegally.
This right does not apply if the processing is necessary to ensure compliance with a legal obligation that obliges MAYBEHOST to process the client’s data, or with regard to legal retention periods, or to assert, exercise or defend rights.
- Right to restrict processing (Article 18 of the GDPR): the client may request MAYBEHOST to restrict the processing of his/her data if:
- It disputes the accuracy of the data for the period allowing MAYBEHOST to verify it,
- The processing is unlawful and the customer objects to the deletion of the data, but instead demands the restriction of their use,
- MAYBEHOST no longer needs the client’s data, but it needs it to enforce, exercise, or defend its rights,
- The client objects to the processing as long as he is not certain that the legitimate motives of MAYBEHOST outweigh his own.
- Right to data portability (article 20 of the RGPD): at the client’s request, MAYBEHOST will transmit his data -if technically possible- to another controller. However, the customer only has this right if the processing of his or her data is based on his or her consent or if it is necessary for the performance of a contract. Instead of receiving a copy of his data, the client may also request MAYBEHOST to transmit it directly to another controller specified by him.
- Right to object (Article 21 of the GDPR): the client may at any time object to the processing of his or her data on grounds relating to his or her particular situation, provided that the processing is based on his or her consent, or on the legitimate interests of MAYBEHOST or of a third party. In this case, MAYBEHOST will no longer process the client’s data. This does not apply, however, if MAYBEHOST can demonstrate compelling reasons for the processing that outweigh the interests of the client, or if MAYBEHOST needs the data to assert, exercise or defend rights.
- Right to decide on the fate of their data after death (Article 63 of Law No. 2016-1321 of October 7, 2016 for a digital republic): the client can decide on the use that MAYBEHOST will make of their data after their death.
- Turnaround time
In general, MAYBEHOST will endeavor to respond to all customer requests within 30 days. However, this time limit may be extended for reasons related to the specific right of the person concerned or the complexity of his/her request.
- Information restriction
In some situations, MAYBEHOST may be unable to provide the client with information about their data due to legal requirements. In such a case, MAYBEHOST will communicate the reasons for the refusal at the same time.
- Complaint to a supervisory authority
If the client feels that MAYBEHOST has not adequately addressed its complaints or concerns, it has the right to file a complaint with the competent data protection authority, the CNIL.
In case of significant changes in the processing of customer data, the customer will be informed.
Electronic signature (law of March 13, 2000 on the electronic signature)
The Customer’s DOUBLE “click” on the Purchase Order constitutes an Electronic Signature which has, between the parties, the same value as a Handwritten Signature.
Customer information and secure customer area
When ordering and creating a customer account, the latter indicates information about him (name, first name, email address, …). These data, strictly limited to the purposes for which they are processed, are the subject of a specific article.
The Customer has the obligation to provide information and Identification Data that are perfectly accurate, fair and sincere, at all times.
The customer guarantees the accuracy and reliability of this information.
The client agrees to immediately update or inform MAYBEHOST from its client space of any changes affecting this information. MAYBEHOST can therefore not be held responsible for any lack of information or incorrect information.
Access to the client space is only possible using the Identifiers sent by MAYBEHOST when the client account was created. It is up to the customer to keep his identifiers and to make sure that they remain confidential. Therefore, any access to the customer area is considered to be of the customer’s own free will and under the customer’s sole responsibility.
In case of loss or theft of these identifiers, it is therefore up to the client to modify these identifiers from his client space, or to inform MAYBEHOST as soon as possible in order to modify them. MAYBEHOST reserves the right to use all legal means at its disposal to recognize the identity of the client before proceeding with a change in the client’s Identifiers.
Use of cookies
A cookie is a small file that asks permission to be placed on your hard drive. The file is added and the cookie helps analyze web traffic or lets you know when the
Customer visits a particular site. Cookies allow web applications to respond individually to each user. The web application can tailor its operation to the Customer’s needs and preferences by collecting and storing information.
MAYBEHOST uses traffic log cookies to determine which pages are used. This helps us to analyze data on Site traffic and to improve the Site in order to adapt it to the needs of the Customer. This information is only used for statistical analysis, and once this analysis is completed, all data is deleted from the system.
Cookies therefore help MAYBEHOST to provide a better quality website by allowing it to monitor which pages are useful to the Client and which are not. A cookie in no way provides access to the Client’s computer or any information about the Client, other than the data the Client chooses to share with MAYBEHOST.
The Customer may choose to accept or decline cookies. Most web browsers automatically accept cookies, but the Customer can change their settings to decline cookies if they wish. On the other hand, such deletion may prevent him from taking full advantage of the Site and its content.
Links to other sites
The Site may contain links to other sites of interest. However, once the Customer has used these links to leave the Site, MAYBEHOST has no control over these other sites.
Therefore, MAYBEHOST cannot be responsible for the protection and privacy of any information provided by the Customer while visiting these third party sites as they are not governed by these Terms and Conditions.
The Customer is advised to always exercise caution and look at the terms and conditions applicable to the sites in question.