Politique de confidentialité
This privacy statement in English is a translation of our original German version. As our head office in Berlin, this place is also the place of jurisdiction for ebab UG (limited liability). Therefore, for all users of our website or ebab platform, only the original German version of this data protection declaration is material and legally binding. This applies as the translation can lead to differences in content and meaning between the German original and the English version.
The protection of personal data has a very high priority and is taken very seriously by ebab UG (limited liability). We ensure that the processing of personal data,using technical and organisational measures is carried out in accordance with the statutory provisions, in particular with the provisions of the Data Protection Regulation of the European Union (GDPR).
On the basis of this data protection declaration, we inform you about the type, scope and purpose of the processing of personal data by mCruise GmbH. If we make a reference to "our website" or "ebab platform" in this data protection statement, this it extends as well to our mobile applications (apps).
A. Responsible for data processing
mCruise GmbH is responsible for the processing of personal data. It is located at Degnerstrasse 9b, 13053 Berlin and can be reached at the following e-mail address: firstname.lastname@example.org
B. Processing purposes
The processing of personal data includes the collection, storage, use, transfer, disclosure or deletion of the data. We process personal data for the following purposes:
B1 Backup purposes
Similar to a flight recorder, which stores relevant flight data and aircraft parameters during each flight for safety reasons, the following personal information is automatically stored in log files for security purposes within the meaning of Art. 6 letter f of the EU Data Protection Ordinance (GDPR) each time our website is accessed:
• IP address of the user
• Internet Service Provider of the User
• Date and time of access
• Requested page of our internet offer/name of the requested file
• Websites from which the user's system reaches our website
• Websites accessed by the user's system via our website
• The amount of data transferred and the duration of the transfer
• Message as to whether access / download was successful
• Browser and operating system used
The log files are not stored in our system with other personal data of a user so that they cannot be accessed at the same time as personal data. The log files are stored in our system for a maximum period of seven days, unless any security reasons (e.g. the investigation of hacking attempts) require longer storage.
B2 Online booking and/or offering non-discriminatory private accommodation within the LGBTI community
Accessing general content of our website is possible without providing personal data (registration).
Registration is mandatory if you wish to make use of the following functions: booking online and/or offering non-discriminatory private accommodation within the LGBTI community. While you register as a "guest" and/or "host" on our ebab platform for this purpose, we ask you to provide personal data, e.g. your name. The complete registration finishes with the creation of a user account. Any accommodation offered on ebab can only be booked through a (guest) user account. This way a binding contract between guest and host is made. The main purpose of the ebab platform is to allocate offers and demand for private accommodation.
It is for you to decide whether you register with ebab and thus provide the necessary personal data. Incomplete required personal data mean that the registration is not successful, no account will be created, consequently no private accommodation will be offered nor online bookings can be made.
The processing of your personal data is also important for ebab UG (limited liability) can manage, complete and update your online bookings (guest and/or host) and your accommodation offered (host). This processing of your personal data is necessary for we can assure the (legal) relations between you and ebab UG (limited liability) which are established by your registration on our website.
B3 User Service
As part of B2, we may use your personal information to contact you, for example to update your address or to find suitable accommodation.
B4 Account Management
After completing the user registration, we process your personal data so that both the respective guest or host and we can manage, complete and update their personal account.
This enables a guest to manage past bookings, rate past bookings, request different accommodations in preparation for future bookings, add individual accommodations to a wish list or manage personal settings. Accommodation evaluations can be accessed by us.
In addition to the options for guests, hosts can manage the following by themselves: manage, complete and update all information requested by us for each accommodation offered. We process this information so that we can view and, if necessary, correct or update information.
Hosts and guests can add a profile picture to their account. The first name is shown underneath such picture or the area where it can be uploaded.
B5 E.mail reminders
You will receive so-called transactional e-mails from us before the start of a trip or before the arrival of a guest when an actual booking is made. These are event-related one-to-one messages that are sent automatically when e.g. a trip is nearing.
B5a. We use e.mail reminders primarily to inform a guest about the current status of a booking process or, before departure, about his/her upcoming stay. It gives an overview of all relevant booking and travel information and makes your arrival as smooth as possible. We also provide guests with various general and LGBTI-specific tourist information about your destination in this e.mail.
B5b. We also send e.mail reminders to hosts about the current status of a booking (request). This e.mail contains all relevant booking details. This ensures that a host is well prepared for the next guest and the arrival can be handled smoothly.
B6 Other communication
We may contact you by e.mail, post, telephone or text, depending on what contact information you have entered in your account. We register the communication with you for the following purposes:
B6a. We take care of all your inquiries (as guest and/or host) regarding the booking process, booked or offered accommodation in order to offer you the best possible service.
B6b. Additionally you may receive transactional e-mails or texts from us at different stages in the booking or registration process. If the booking process or registration of an accommodation are not completed, we send you an email or text reminding you to so. We offer support to ensure that your accommodation is available for guest requests and bookings.
B6c. Even if a guest or host have no current bookings, we may still send e.mails regarding updates on offers, changes in procedures or security alerts.
B6d. We also send e.mails to guests for them to rate the accommodation where they stayed last.
Guests can make an evaluation that appears with their first name.
An anonymous evaluation cannot be made. The rating is openly visible in the presentation area of the respective accommodation.
B6e. When you contact our office by telephone, we welcome you with your name if possible. This is available for registered customers. Our system recognises the number of an incoming call links it to the relevant date in your user account (phone number). We understand this personal form of address as an important quality feature of our way of working.
B7 Marketing and (direct) advertising
B7a. We also process your personal data for the purpose of carrying out marketing and direct advertising activities. It is the only way to offer you both general (travel-related) information and information about products or services that might be of interest to you. An example of such information is the Spartacus Gay Travel Index. In order to provide you with this information, we will send you personalised e.mails. By clicking on a clearly recognisable link in each of these info e.mails, you can easily and quickly object to receiving any further ofour personalised info e.mails.
B7b. In order extend the range where an accommodation is offered we place special ebab forms on websites of third parties or business partners. Using the ebab forms on third-party websites, we show potential guests the same information that is presented on our own website. With this marketing activity we increase the probability of bookings.
Data processing for the purpose of our marketing and direct advertising activities is based on at least one of the following legal principles: (a) Your consent is given, (b) we have a legitimate interest in it, (c) due to a complete user registration on our ebab platform, there is a (legal) relationship between you (as host) and us, (d) as a non-registered user you enter your e.mail address in a special form on our website to participate in our marketing and direct advertising activities.
B8 Optimisation of our website (functions)
B8a. Sometimes we send our users (guests/ hosts) an invitation to complete an ebab survey as an online questionnaire. The introduction to the questionnaire contains further information as to what specific details from you we process and in what form.
B8b. When solving problems on our website, we also process personal data for analytic purposes. The data provided will be processed as anonymously as possible.
B8c. We use the web analysis tool Google Analytics. We consider it a tool that makes the operation of our website a lot easier. On the one hand it stabilises the operation of our website and helps to maintain the processes. On the other hand it helps us to increase the effectiveness of our website, i.e. process speeds during use. To ensure that it is not possible to identify users at any time, we use Google Analytics on our website exclusively for anonymous web analysis, in which IP addresses are always shortened. This anonymous web analysis is unproblematic under data protection law.
Since Google Inc, i.e. the provider of Google Analytics, does use this anonymised web data for its own marketing and advertising purposes, you can to object to the anonymised web analysis using Google Analytics by clicking here.
B9 Legal obligations
B9a. We also process personal data for the purpose of complying with our legal obligations. This includes, among other things, the processing of personal booking and accommodation-specific data in order to be able to fulfill our obligations to government agencies such as the tax authorities or authorities to levy so-called occupancy tax.
B9b. In all cases of legal conflicts, e.g. in connection with criminal investigations, we process your personal data insofar as we are legally obliged to do so or are requested to do so by appropriate authorities such as the police or other law enforcement authorities.
C. Legal basis for processing data
Data processing by ebab UG (limited liability) is based in particular on Art. 6 para. 1 lit. b and f GDPR: one, it is permissible because it is necessary for the fulfilment of a contract ((legal) relationship) of which the person concerned (user) is a contracting party or for the implementation of pre-contractual measures taken at the request of the person concerned (Art. 6 para. 1 lit. b GDPR). Two, it is permissible because, in the course of arranging non-discriminatory private accommodation within the LGBTI community, we have a legitimate interest in providing a high level of service quality and security during the support and management of the booking and offer processes (Art. 6 para. 1 lit. f GDPR).
In addition, according to Art. 6 para. 1 lit. a GDPR, data processing is also permissible if the data subject has given his/her consent. Furthermore, our processing of personal data is based on special legal regulations, e.g. on the basis of tax laws.
D. Type of data collected and processed
The data collected by ebab UG (limited liability) can be divided into categories D1, D2 and D3.
D1 Information collected automatically each time you access our website and stored in log files in accordance with section B., paragraph B1 of this data protection declaration.
D2 Personal information you provide us
We collect the following personal data from you for the full use of the ebab platform by guest and host as well as the successful and legally binding booking on our platform:
D2a. When you register as a guest and/or host, we ask you for certain personal information such as your first and last name, your address, your telephone number, your e.mail address, your date of birth and, if applicable, a profile picture. In order to process payment transfers between guests or hosts and ebab UG (limited liability), we also ask you to provide payment information such as your bank account, credit card or PayPal account details.
D2b. We collect additional data from hosts such as a copy of their passport, ID card or driver's license, if legally valid, or other suitable data for the purpose of confirming and validating personal information provided during D2a. With this identity check we contribute to securing monetary transfers between guests or hosts and ebab UG (limited liability) and also comply with applicable law (minimum age).
D2d. When communicating with us or with other registered users via the ebab platform, we collect information about your communication activity and personal information that you provide during this time deliberately.
Without the data provision listed in D2a. to D2d. it is not possible to use the ebab platform as guest and/or host.
D2e. It is your decision to provide us with further personal information, e.g. when filling in a (contact) form, when updating and adapting your account, when participating in online surveys and competitions or when rating your last stay. We only process your first name and the content of the evaluation itself.
D3 Personal information we receive about you from third parties
In addition to the information you provide to us yourself, we receive information about you from third parties when you use their services.
D3a. If you access your ebab account with your social media account (e.g. Facebook), this will automatically transfer personal data from this social media provider to us, provided you have enabled your social media provider to do so. Your social media provider can inform you which of your data processed there is used in which way when you access your ebab account through him. This may include, for example, your username or email address associated with your social media account.
D3b. In addition, we receive information about you when you use third-party payment services (e.g. PayPal) in connection with the ebab platform for money transfers. The processing of your (payment) information that we receive from these payment service providers is necessary to process and manage your booking and accommodation-specific payments. Your payment service can inform you which of your data it processes is used in which way when you initiate a money transfer by using its services.
D3c. Ultimately, we may receive information about you from state authorities (e.g. police), for example in the case of fraud prevention or criminal investigation proceedings.
E. Disclosure of your data
E1 Some of your information, including personal data, is shared between registered users of the ebab platform. This is necessary in order to guarantee you as guest and/or host the full use of the ebab platform, especially when booking an accommodation.
When creating a booking request, the name and age of the guest as well as the personal message (e.g. regarding arrival time) is sent to the host. After the successful booking the guest receives the contact data of the host (name, e.mail address, telephone number and the address of the booked accommodation). The host receives the contact data of the guest (name, e.mail address, telephone number). Without this transfer of data between registered users, neither the establishment (booking enquiry and confirmation) nor the fulfillment of a (legal) relationship between guest and host would be possible. This information is passed on via text and info e.mail at different times during the booking process.
E2 In order to comply with our lawful and/or legal obligations, we pass on personal data to government bodies such as tax authorities or law enforcement authorities.
E3 To enable registered users (guests and/or hosts) to make full use of the ebab platform, we make use of the services of third parties, in particular payment service providers and other financial institutions. They may have their place of business inside or outside the European Economic Area. In the case of a confirmed booking, certain transfer payments between guest or host and ebab UG (limited liability) must be processed using these payment services. For the proper processing of the preceding transfer payments, we must pass on certain booking details to the respective payment service.
E4 If you make a booking through the websites of our business partners, e.g. affiliate partners, they may receive booking relevant personal data such as name and e.mail address (directly from you). Please read the data protection declaration of the business partners to find out about their type, scope and purpose of processing your personal data and about your rights. We may share personal information with business partners to prevent or detect illegal activities.
E5 If offering private accommodation in a country or municipality is (a) subject to local registration and/or approval and/or (b) we should be required to cooperate in complying with any registration/approval requirements, we may or must disclose personal information about the hosts concerned to the relevant authorities. The scope of this data to be passed on is regulated by the respective applicable local law.
E7 Information on accommodation offered by a host will be disclosed in the presentation area of said accommodation on our website.
Such disclosed information includes:
Information that you as the host provide yourself in the form of description (including photos).
Information which we are legally obliged to process and disclose in accordance with local law, e.g. as part of the registration/authorisation of private accommodation or as part of the collection of so-called occupancy tax.
Evaluation information provided by guests after their last stay as part of the guest evaluation requested by ebab. In the event that a host objects to the disclosure of rating information for an accommodation offered by him, we may publish a notice instead of the guest rating that the host has objected to the disclosure of guest ratings.
If a host cancels a booking at short notice, a corresponding note appears automatically in the ratings.
E8 Information on accommodation offered by a host will also be displayed on partner sites with the consent of the hosts. This information is the same as that disclosed in the presentation area of each accommodation on our own website.
F. Storage period
F1 We store your personal information as long as it is necessary for your use of the ebab platform as guest and/or host; i.e. as long as we need the data for the respective processing purposes.
F2 An additional storage period results either from legally prescribed storage obligations (above all due to tax laws; here a storage period of up to 10 years applies) or from a storage obligation against the background of legal conflicts or criminal investigation procedures.
G. Your rights
G1 Information, correction, completion
You have the right to request information about your personal data processed by us. For this purpose, we provide you with a copy of the personal data that we process in a structured, standard and machine-readable format. If the personal data processed by us is no longer correct or incomplete, you have the right to request correction or completion.
G2 Right to data transferability
You have the right that we transfer personal data that you have made available to us to third parties on your behalf in a structured, standard and machine-readable format, insofar as this is technically possible.
G3 Deleting data
You have the right to request the deletion of your personal data, in particular if:
they are no longer needed for the respective processing purposes.
you revoke your consent to the processing.
there is no legal basis other than your consent.
Data which we have to process for the purpose of B9 are excluded from the right of deletion; F2 of this data protection declaration is also more important than the individual right to have personal data deleted. The rating information provided for an accommodation continues to be visible on the ebab platform even after the deletion of user data. However, those ratings will be anonymised.
G4 Repeal of consent
In the cases in which we process your data on the basis of your consent, you can revoke your consent at any time with effect for the future. This does not affect the legality of the processing of your personal data until repeal. It is sufficient to send us an e.mail to email@example.com stating which previously consented processing you revoke.
G5 Restriction of processing
If you declare the inaccuracy of your personal data or if you do not request the deletion of your personal data in the event of unlawful processing, you have the right to demand a restriction on the processing of your data.
You have the right to object to the processing of your personal data for certain purposes. You can also object to the processing of your personal data for the purpose of direct marketing. After your disclaimer, which you can send us by e.mail without specific form to firstname.lastname@example.org, we will no longer process your personal data for these purposes.
G7 Right of appeal
If in individual cases you believe that our processing of your personal data violates the general data protection regulation (GDPR), you can to file a complaint with the responsible data protection authority.
Terms & Conditions Guests
1. The ebab UG (hereinafter referred to as ebab) provides with its website an online platform where provider of accommodations (hereinafter called hosts) offer their accommodation for a temporary period for bookings and where visitors to the website (hereinafter referred to as guests) can book the accommodations.
Ebab acts as an intermediary between the host and the guest. With the completion of a booking on the ebab website, there is a binding lease contract between the host and the guest.
The host is fully liable.
2. Ebab is not liable for the information and services provided by the host and for any defects of the respective accommodation or related services.
3. Ebab is aimed with its website primarily on lesbian, gay, bisexual and transgender people, to provide them with safe accommodations. Ebab is committed to openness, tolerance and acceptance toward all people. Ebab does not tolerate sexist, homophobic, transphobic, anti-Semitic, racist, fascist or any other dehumanizing utterances and actions. Ebab reserves the right to exclude guests who violate these principles from the use of the website.
4. Users of the website must be at least 18 years old.
5. When registering as a guest on the website, the user undertakes to provide truthful information, especially to the personal information, such as name, address and contact information. This data is sent to the host after completing a booking. The guest is obliged to present the host on the day of arrival a valid identity card / passport to uniquely identify. The host has the right to match the information that the guest has provided during the registration on the website with the data of the identity card / passport. Should the data not match, the host is not obligated to accommodate the guest. The booking will then be cancelled at the guest's expenses.
Bookings for thrid parties are expressly not permitted.
6. The guest can cancel a booking up to 8 days prior to arrival free of charge. If the guest cancels a booking 7 days before arrival or less, the guest has to pay the rate of one night of the accommodation rate as a cancellation fee.
A no show will also result in a cancellation fee at the rate for one night at the expenses of the guest.
Should the cancellation fee not be paid in due course as outlined in the cancellation confirmation, a dunning process will take place. Should the fee then still remain unpaid, we will hand over the case to a dunning angency and the guest will be excluded from the use of ebab.
7. The guest has no enforceable right for carrying out of the booking, should the host be prohibited to accommodate guests by a change in legislation.
8. By registering and / or using the website, the user agrees to the validity of these terms and conditions. Changes to our terms and conditions become valid if these changes are not objected to by the guest within four weeks after notification by ebab.
In the event of a transfer of ownership, the guests' data and any claims against guests are transferred to the new owner. Our data protection rules apply.
Contrat hôte / Termes et conditions
§ 1 Host and Accommodation
The host ensures ebab to meet all necessary requirements affecting the implementation of the temporary accommodation of guests.
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§ 2 Activity of ebab
Ebab is responsible for the placement of private accommodation. A brokerage commission is payable on a successful placement.
§ 3 Contract and Term
The contract is concluded for an indefinite period. If the host terminates the agency contract within the first six months without having hosted a guest, a one-time admission fee of €50 will be charged.
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§ 4 Main Contract
Ebab is solely responsible for the placement of accommodations but does not act as the host's agent. Oral agreements are only effective if they are made in writing.
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§ 5 Commission
A net commission of 16% will be charged. The commission has to be paid within 10 days after the receipt of the invoice. The exclusion of ebab will lead to a contract penalty of 500 €.
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§ 6 Rights and obligations of the host
All information is to be kept in confidence. The host is not entitled to compensation for loss against ebab. Any changes shall be notified to ebab immediately.
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§ 7 Rights and obligations of ebab
All images provided by the host must be free of third party claims and can be used by ebab for marketing purposes. Ebab treats all information acquired as confidential. In case of an accommodation, the host has to check all the information prior to the check-in. Ebab is not liable in particular for claims by the host against the guest.
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§ 8 Direct booking system
The host defines available periods where the guest can book directly. Bookings will be made without prior booking requests! If the guest cannot be hosted when making a direct booking, the host must compensate the guest for the additional expense.
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§ 9 Lowest Price Guarantee
If the listed accommodation is not more expensive on ebab than on any other agency, please click Lowest Price Guarantee. You will then get a better listing. The "Lowest Price Guarantee" selected by the host is binding.
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§ 10 Final Clause
Changes to the Terms and Conditions are effective and considered legally binding unless the host objects within six weeks.
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