IntegritetspolicyLast update: 16/06/2020
This Personal Data Protection Charter describes how we collect, use, process, and disclose information about you, including personal information, in connection with your access and use of the Winalist Platform and Payment Services.
If you come across a term that is not defined in this Personal Data Protection Charter (such as "Ad" or "Winalist Platform"), this term will have the same definition as that appearing in our Terms of Service.
When this charter mentions the terms "Winalist", "we", "us" or "our", they refer to the company Winalist, which is responsible for the information concerning you, in accordance with this Personal Data Protection Charter (the "Data Controller").
The Data Controller is Winalist.
This Personal Data Protection Charter also applies to the Payment Services provided to you by Winalist in accordance with the Payment Terms of Service ("Terms of Payment"). When using the Payment Services, you will also provide your information, including your personal information, to one or more Winalist entities, which will also be the processing manager (the "Payment Processor") for information relating to the Payment Services concerning you, generally depending on your country of residence.
The Payment Processor is Winalist.
Please see the section on Processors for contact information for the Processors and Payment Processors listed above.
1. Information Collected
We collect three general categories of information.
1.1 Information you provide to us.
1.1.1 Information that is necessary to use the Winalist Platform.
We request and collect the following personal information about you when you use the Winalist Platform. This information is necessary for the proper execution of the agreement between you and us and to enable us to meet our legal obligations. Without it, we may not be able to provide you with all the services requested.
Account information. When creating your Winalist Account, we ask you to provide us with certain information such as your first name, last name, e-mail address, and date of birth.
Profile and Ad Information. In order to use certain features of the Winalist Platform (such as booking or creating an Ad), we may ask you to provide additional information that may include your address, phone number, and a profile photo.
Identity verification information. To help create and maintain an environment of trust, we may collect identity verification information (such as copies of your official identification, passport, national identification card or driver's license, to the extent permitted by applicable laws) or other authentication information.
Payment Information. To use certain features of the Winalist Platform (such as booking or creating an Ad), we may ask you to provide certain financial information (such as your bank account or credit card information) to facilitate payment processing (via Winalist).
Communications with Winalist and other Members. When you communicate with Winalist or use the Winalist Platform to communicate with other Members, we collect information about your communications and any information you decide to transmit.
1.1.2 The information you choose to give us.
You may choose to provide us with additional personal information in order to obtain a better user experience when you use the Winalist Platform. This additional information will be processed as soon as you have consented to it.
Additional profile information. You may choose to provide additional information as part of your Winalist profile (such as gender, preferred language(s), city, and personal description). Some of this information, as indicated in your Account settings, is part of your public profile page and will be visible to others.
Address Book Information. You can choose to import contacts from your address book or manually fill in your contacts' information in order to access certain features of the Winalist Platform, such as inviting these contacts to use Winalist.
Other information. Otherwise, you can choose to communicate information to us when you fill out a form, conduct a search, update or add information to your Winalist Account, respond to surveys, post to discussion forums, participate in promotional activities, or use other features of the Winalist Platform.
1.1.3 Information required to use Payment Services.
The Payment Processor must collect the following information, as it is necessary for the proper execution of the agreement between you and us and to comply with applicable law (such as anti-money laundering regulations). Without it, you will not be able to use the Payment Services:
Payment Information. When you use the Payment Services, the Payment Processor requires certain financial information (such as your bank account or credit card information) in order to process payments and to comply with applicable law.
Identity Verification and Other Information. If you are a Host, the Payment Processor may require identity verification information (such as copies of your official identification, passport, national identity card or driver's license) or other authentication information, such as your date of birth, address, email address, telephone number and other information, in order to verify your identity, to provide you with the Payment Services and to comply with applicable law.
1.2 Information that we automatically collect when you use the Winalist Platform and Payment Services.
When you use the Winalist Platform and Payment Services, we automatically collect information, including personal information, about the services you use and how you use them. This information is necessary for the proper execution of the agreement between you and us, for us to comply with legal obligations, and given our legitimate interest in being able to provide and improve the functionalities of the Winalist Platform and Payment Services.
Geolocation information. When you use certain features of the Winalist Platform, we may collect information on your approximate or precise location, as determined by data such as your IP address or the GPS of your mobile device, in order to provide you with a better user experience. Most mobile devices allow you to control or disable the use of location-based services in applications from the device settings menu. Winalist can also collect this information, even if you are not using the application, if this connection is activated in the settings or authorizations of your device.
Usage information. We collect information about your interactions with the Winalist Platform, such as your page or content consultations, your searches for Ads, the reservations you have made, and other actions on the Winalist Platform.
Connection and device data. We automatically collect connection and device data when you access and use the Winalist Platform, even if you have not created a Winalist Account or are not logged in. This information includes, among other things: information on how you used the Winalist Platform (including whether you clicked on links to third-party applications), IP address, access dates and times, computer hardware and software data, device data, data associated with device use, unique identifiers, crash data, cookies, and the pages you viewed or displayed before or after using our Platform.
Payment Transaction Information. Winalist collects information about your payment transactions on the Winalist Platform, including the payment method used, date and time, payment amount, payment expiration date, billing zip code, PayPal email address, IBAN information, your address, and other related transaction information. This information is necessary for the proper performance of the agreement between you and us and to enable us to provide the Payment Services.
1.3 Information we collect from third parties.
Winalist and Winalist may collect information, including personal information, provided by third parties about you during their use of the Winalist Platform and Payment Services, or obtain information from other sources and combine it with the information we collect on the Winalist Platform and Payment Services. We do not control, supervise, or answer for the way in which third parties providing your information process your personal data. In addition, any request for information concerning the disclosure of your personal information to our company must be addressed to these third parties.
Third Party Services. If you link, associate or connect your Winalist Account to a Service provided by a third party (e.g. Google, Facebook, WeChat), the service provided by the third party may send us information, such as information relating to your registration and profile for the service in question. This information varies and is controlled by the third party service or depends on the permissions you have given to the third party service through the related privacy settings.
Your Comments. If someone has written a comment about you, it will be published on your Winalist public profile page with your consent.
Background information. For Members located in the United States, to the extent permitted by applicable laws, Winalist and Winalist may obtain excerpts from public registers regarding criminal convictions or registration in the sex offender registry. For Members located outside the United States, to the extent permitted by the laws in force and with your consent, if applicable, Winalist and Winalist may obtain the local equivalent of a criminal record excerpt or registration in the sex offender registry. We may use your information, including your full name and date of birth, to obtain these reports.
Other sources. To the extent permitted by applicable law, we may receive additional information about you, such as demographic data or fraud detection information, from third party service providers and/or partners, and combine it with the information we have about you. For example, we may receive the results of background checks (with your consent, if applicable) or fraud alerts from service providers such as identity verification services as part of our fraud prevention and risk assessment efforts. We may receive information about you and your activities on and off the Winalist Platform through partnerships, or about your experiences and interactions from our advertising partner networks.
2. Use of the information we collect
We use, store and process information, including personal information about you, in order to feed, understand, improve and develop the Winalist Platform, to create and maintain a more secure environment of trust, and to comply with our legal obligations.
2.1 To feed, improve and develop the Winalist Platform.
Allow you to access and use the Winalist Platform.
Allow you to communicate with other Members.
Manage, protect, improve and optimize the Platform and the Winalist experience, for example by conducting analyses and studies.
Provide customer service.
Send you support or service-related messages, updates, security alerts, and Account notifications.
If you provide us with your contact information, we may process this information: to provide your sponsorship invitations, to transmit your requests for feedback, for fraud detection and prevention actions, and for any purposes authorized by you at the time of data collection.
To manage, protect, improve and optimize the Winalist Platform and the Winalist experience, as well as to personalize and adapt your experience (for example, by making Ad suggestions or ranking search results), we perform profiling based on your interactions with the Winalist Platform, your search and booking history, your profile information and preferences, and other content that you transmit to the Winalist Platform.
We process this information given our legitimate interest in improving the Winalist Platform and our Members' experience with it, and when this information is necessary for the proper execution of the agreement with you.
2.2 Creating and maintaining a more secure environment of trust.
Detect and prevent fraud, spam, abuse, security incidents, and other harmful activities.
Conduct security investigations and risk assessments.
Verify or authenticate information or credentials submitted by You (for example, verify the address of Your Hosting or compare the photo ID with another photo submitted by You).
Conduct checks with databases or other sources of information, including police or background checks, to the extent permitted by applicable laws and with your consent, if applicable.
Comply with our legal obligations.
Resolve any disputes we may have with our Members and enforce our contracts with third parties.
Enforce our Terms of Service and other policies.
In connection with the above activities, we may perform profiling based on your interactions with the Winalist Platform, your profile information and other content that you transmit to the Winalist Platform, as well as information obtained from third parties. In limited cases, automated processes may restrict or suspend access to the Winalist Platform if such processes detect a Member or activity that, in our opinion, represents a security or other type of risk for the Winalist Platform, other Members or third parties.
We process this information given our legitimate interest in protecting the Winalist Platform, to measure the proper execution of our agreement with you and to comply with applicable laws.
2.3 Provide, Personalize, Evaluate and Improve our Advertising and Marketing of our services.
Send you promotional messages, commercial, advertising and other information that may be of interest to you based on your preferences (including information about Winalist or about our partners' campaigns and services) and social network advertisements via social network platforms, such as Facebook or Google.
Personalize, evaluate, and improve our advertising.
Manage sponsorship programs, rewards, surveys, sweepstakes, contests, or other promotional activities or events supported or managed by Winalist or its business partners.
Profile your characteristics and preferences (based on the information you provide us, your interactions with the Winalist Platform, information obtained from third parties, and your search and booking history) to send you promotional messages, commercial, advertising, and other information that we believe may be of interest to you.
We will process your personal information for the purposes listed in this section, given our legitimate interest in undertaking marketing activities to offer you products or services that may be of interest to you. You can choose to no longer receive marketing communications from us by following the unsubscribe instructions included in our marketing communications or by changing your notification settings on your Winalist Account.
2.4 Use by the Payment Processor of the information collected.
To allow you to access and use the Payment Services.
Detect and prevent fraud, abuse, security incidents, and other harmful activities.
Conduct security investigations and risk assessments.
To conduct checks of databases and other sources of information.
Comply with legal obligations (such as anti-money laundering regulations).
Apply Terms of Payment and other payment policies.
With your consent, send you promotional messages, commercial, advertising and other information that may be of interest to you, according to your preferences.
The Payment Processor manages this information, given its legitimate interest in improving the Payment Services and the experience of its users with these services, if such information is necessary for the proper execution of the agreement with you and to comply with applicable laws.
3. Sharing and Disclosure
3.1 With your consent.
When you have given your consent, we may share information about you, including personal information, as described at the time of your consent, such as when you authorize a third party application or website to access your Winalist Account or when you participate in promotional activities conducted by Winalist partners or third parties.
3.2 Sharing between Members.
In order to facilitate reservations, or other interactions between Members, we may need to share certain information, including personal information, with other Members, when necessary for the proper execution of the agreement between you and us, as follows:
When you submit a booking request as a Traveller, certain information about you is shared with the Host, including your full name, the full name of any additional Travellers, your cancellation history and any other information you agree to share. Once your reservation is confirmed, we will disclose additional information, such as your telephone number (and email if applicable), to help coordinate the trip.
Once you have confirmed a booking as a Host, certain information is shared with the Traveller to complete the booking, such as your full name, telephone number and the address of your Experience.
When you as a Traveller invite other Travellers to a booking, your full name, travel dates, Host name, Advertisement details, Accommodation address and other related information will be shared with each additional Traveller.
When you as a Traveler submit a Group Payment Booking Request, certain information about each participant such as first name, last initial, profile photo and booking information is shared among all participants of the Group Payment Booking Request.
We do not share your billing or payment information with other Members.
3.3 Profiles, Announcements and other Public Information.
The Winalist Platform allows you to publish information, including personal information, accessible to the public. For example :
Parts of your public profile page, such as your first name, your description, and your city, are publicly accessible.
Ad pages can be viewed by the public and include information such as the approximate location (neighborhood and city) or specific location (if you have given your consent) of the Hosting or Experience, the description of the Ad, the availability schedule, your public profile photo, aggregated information about the request (such as the number of times the page is viewed over a given period of time), and any additional information you choose to share.
Once the booking is complete, both Travellers and Hosts can write Comments and evaluate each other. Comments and Ratings are part of your public profile page and may also appear elsewhere on the Winalist Platform (such as on the Announcement page).
If you communicate content in a community or discussion forum, post content on a blog or social network, or use a similar feature on the Winalist Platform, that content is made public.
Given our legitimate interest in promoting the Winalist Platform, we may post parts of the Winalist Platform (for example, your Advertisement page) on sites operated by Winalist's business partners, using technologies such as widgets or APIs. If your Ads are displayed on a partner's site, information from your public profile page may also be displayed.
The information you share publicly on the Winalist Platform can be indexed via third-party search engines. In certain cases, you can deactivate this functionality in your settings (in the "Account" section). If you change your settings or your publicly accessible content, it is possible that these search engines may not be able to update their databases. We have no control over the practices of third party search engines, which may use caches containing information that is no longer current about you.
3.4 Additional Services Provided by Hosts.
Hosts may need to use third party services available through the Winalist Platform to assist them in managing their provision of additional services you have requested. Hosts may use the features of the Winalist Platform to share Traveller information (including arrival and departure dates, Traveller's name and phone number) with these third party service providers for the purpose of coordinating the stay, managing Accommodation or providing other services.
3.5 Compliance with the law, responding to legal requests, prevention of harm and protection of our rights.
Winalist may disclose your information, including your personal information, to courts, government or law enforcement authorities or authorized third parties, if required or permitted by law, or if such disclosure is reasonably deemed necessary : to meet our legal obligations, to comply with the legal process and to follow up on claims made against Winalist, to respond to verified requests in the context of a judicial investigation or an alleged or suspected illegal activity or any other activity that may expose us, you, or our users to legal liability, to execute and administer our Terms of Service, the Terms of Payment, or other agreements entered into with Members, or to protect the rights, property, or personal safety of Winalist, its employees, its Members, or the public.
These disclosures may be necessary to meet our legal obligations, to protect your vital interests or those of another person, or to protect our legitimate interests or those of a third party in order to maintain the security of the Winalist platform, to prevent any harm or crime, to assert or defend legal rights, or to prevent any damages.
If necessary, we may inform Members of these legal claims, except in the following cases: when any notification is prohibited by the legal proceedings themselves, by a court order issued to our effect, or in accordance with the law in force, or if we believe that notifying you would be pointless, ineffective, could constitute a risk of injury or bodily harm to an individual or group, or could create or intensify a risk of fraud concerning the property of Winalist, its Members, and the Winalist Platform. In cases where we comply with legal requirements without prior notice for the reasons mentioned above, we will try to inform the Member concerned of the request after the fact, if necessary and if we believe in good faith that we are no longer legally bound not to do so.
3.6 Service Providers.
Winalist uses various third-party service providers to help us provide services related to the Winalist Platform and Payment Services. Service providers may be located within the European Economic Area ("EEA") or outside of it. In particular, our service providers are based in Europe, India, Asia-Pacific, and North and South America.
For example, service providers may help us to: verify your identity or authenticate your identity documents, verify information against public databases, conduct background or police checks, implement fraud prevention and risk assessment, perform product development, maintenance and debugging, enable delivery of Winalist Services via third-party platforms and software tools (e.g., through integration with our APIs), or provide customer service, advertising or payment services. These service providers have limited access to your information as part of performing these tasks on our behalf and have a contractual obligation to protect and use it only for the purposes for which it was disclosed and in accordance with this Personal Data Protection Charter.
Winalist and Winalist shall share your information, including your personal information, in order to ensure the proper execution of our agreement with you.
3.7 Affiliated companies.
To enable or assist us in making the Winalist Platform and Payment Services available to you, we may share your information, including your personal information, within our group of companies (composed of non-financial entities) that are under common ownership or joint control.
Sharing with Winalist Travel Your information may be shared with Winalist Travel in the event that the Visitor requests additional packaged or customized travel services. Winalist Travel has the Travel Agency/Tour Operator approval issued by Atout France as well as a Financial Guarantee allowing it to sell packaged tourism products. Data sharing may be necessary for the execution of your request.
In addition, we share your information, including personal information, with our affiliates to support and integrate, promote and improve the Winalist Platform and the services of our affiliates.
3.8 Social networking platforms.
Whenever possible under applicable law, we may use certain limited personal information about you, such as your email address, to "chop" and share it with social network platforms, such as Facebook or Google, in order to generate potential customers, stimulate traffic to our websites or otherwise promote our products and services or the Winalist Platform. These processing activities are based on our legitimate interest in undertaking marketing activities to offer you products or services that may be of interest to you.
The social networking platforms with which we may share your personal data are not controlled or monitored by Winalist. Consequently, any questions regarding the way your social network platform service provider processes your personal data should be addressed to that provider.
Please note that you may at any time ask Winalist to stop processing your data for these direct marketing purposes by sending an email to [email protected]
3.09 Registration with the government.
In jurisdictions where Winalist encourages or requires an application for registration, notification, authorization, or license of a Host with a local government authority via the Winalist Platform, in accordance with local laws, we may share information about participating Hosts with the relevant authority, both during the application process and, if applicable, periodically thereafter, such as the Host's full name and contact information, the address of its Accommodation, its tax identification number, details of its Advertisement, and the number of nights booked.
3.13 Business Transfers.
If Winalist undertakes or is involved in a merger, acquisition, restructuring, asset disposal or bankruptcy or insolvency proceedings, it may sell, assign or share all or part of its assets, including your information in connection with or in anticipation of said transaction (e.g., customer due diligence). In such a case, we will notify you before your personal data is transferred and is governed by another data protection policy.
3.14 Aggregated data.
We may also share Aggregate Information (information about our users that we combine so that it can no longer identify or reference an individual user) and other anonymized information for regulatory compliance, industry and market analysis, demographic profiling, marketing and advertising purposes, and other business purposes.
4. Other Important Information
4.1 Analysis of your communications
We may review, browse or analyze your communications exchanged via the Winalist Platform for the purposes of fraud prevention, risk assessment, regulatory compliance, investigation, product development, research and user support. For example, as part of our fraud prevention efforts, we scan and analyze messages to disguise contact information and references to other websites. In some cases, we may also browse, review or analyze messages for debugging, improving and expanding our product offerings. We use automated methods wherever possible. However, there may be times when we need to manually review certain communications, such as in connection with fraud investigations and user support, or to evaluate and improve the functionality of these automated tools. We will not review, track or analyze your communications to send you marketing messages from third parties, and we will not sell the reviews or analysis of these communications.
These activities are carried out in light of Winalist's legitimate interest in ensuring compliance with applicable laws and our Terms, preventing fraud, promoting security, improving and ensuring the proper performance of our services.
4.2 Link to Third Party Accounts.
You may link your Winalist Account to your account opened on a third-party social network. Your contacts appearing on these third party services are referenced as "Friends". When you create this link :
some of the information you provide us from the links between your accounts may be published on your Winalist Account profile;
your activities on the Winalist Platform can be shown to your Friends on the Platform and/or this third-party site;
a link to your public profile on this third-party social network site may be included in your Winalist public profile;
other Winalist users can see any Common Friends you may have with them or, if applicable, that you are a Friend of their Friend, ;
other Winalist users can see the schools, hometowns, or other groups that you have in common with them as listed on your linked social networks;
the information you disclose to us by linking your accounts may be stored, processed and transmitted for fraud prevention and risk assessment purposes, and
The publication and display of the information you provide to Winalist through these links depends on the parameters and authorizations you have defined on the Winalist Platform and the third-party site.
We collect your information from associated third-party accounts only to the extent necessary to ensure the proper execution of our agreement with you, or to guarantee that we comply with applicable laws, or with your consent.
5. Third Party Partners and Integrations
The Winalist Platform may contain links to third party services or websites, such as third party integrations, brand sharing services, or third party branded services ("Third Party Partners"). Winalist does not own or control these Third Party Partners, and during your interactions with them, you may either provide information directly to the Third Party Partner, or to Winalist, or to both. These Third Party Partners will have their own rules regarding the collection, use, and disclosure of information. We encourage you to read the privacy policies of other websites you visit.
6. Your Rights
You may exercise any of the rights described in this section by contacting your Winalist Data Processing Manager and your Winalist Payment Processing Manager designated as competent by this Personal Data Protection Charter, by sending an e-mail to [email protected] Please note that we may ask you to verify your identity before taking further action regarding your request.
6.1 Management of your information.
You can access and update some of your information in your Account settings. If you have chosen to connect your Winalist Account to a third party application, such as Facebook or Google, you can change your settings and withdraw authorization for the application by changing your Account settings. You are responsible for keeping your personal information up to date.
6.2 Correction of inaccurate or incomplete information.
You have the right to ask us to correct inaccurate or incomplete personal information about you (which you cannot update yourself on your Winalist Account).
6.3 Data access and portability.
In certain jurisdictions, applicable law may allow you to request copies of your personal information held by us. You may also be permitted to request copies of the personal information you have provided to us in a structured, commonly used, machine-readable format and/or request that we transmit such information to another service provider (where technically feasible).
6.4 Data Retention and Deletion.
In general, we retain your personal information for as long as necessary to perform the agreement between you and us and to comply with our legal obligations. If you no longer wish us to use your information to provide you with the services of the Winalist Platform, you may ask us to delete your personal information and close your Winalist Account. Please note that if you request the deletion of your personal information :
We may retain some of your personal information necessary for our legitimate business interests, such as detecting and preventing fraud and improving security. For example, if we suspend a Winalist Account for fraud or security reasons, we may retain certain information from that Winalist Account to prevent that Member from opening a new Winalist Account in the future.
We may retain and use your personal information to the extent necessary to comply with our legal obligations. For example, Winalist and Winalist may retain some of your information for tax, legal reporting, and auditing purposes.
Information that you have shared with others (e.g., comments, postings on a forum) may continue to be public on the Winalist Platform, even after your Winalist Account has been deleted. However, this information will no longer be attributed to you. In addition, some copies of your information (e.g., logs) may remain in our database, but are dissociated from personal identifiers.
Because we maintain the Winalist Platform to protect it from accidental or malicious loss and destruction, residual copies of your personal information may not be deleted from our backup systems for a limited period of time.
6.5 Withdrawal of Consent and Limitation of Processing.
If you have given your consent to the processing of your personal information by Winalist, you may withdraw your consent at any time by modifying the parameters of your Account or by sending a communication to Winalist specifying the consent you are withdrawing. Please note that the withdrawal of your consent has no effect on the legality of any processing activity based on such consent prior to its withdrawal. In addition, in some jurisdictions, applicable law may give you the right to limit how we use your personal information, particularly in cases where you challenge the accuracy of your personal information; the processing is unlawful and you object to the deletion of your personal information; we no longer need your personal information for the purpose of processing, but you require the information for the establishment, exercise or defence of legal claims; or you have objected to the processing under Section 6. 6 and pending analysis as to whether Winalist's legitimate interests take precedence over yours.
6.6 Objection to treatment.
In some jurisdictions, applicable law may allow you to ask Winalist and Winalist not to use your personal information for certain specific purposes (including profiling) if such processing is based on a legitimate interest. If you object to such processing, Winalist and/or Winalist will no longer process your personal information for these purposes, unless we can demonstrate serious and legitimate reasons for such processing or such processing is necessary for the establishment, exercise, or defense of legal claims.
If your personal information is processed for direct marketing purposes, you may at any time ask Winalist to stop processing your data for these direct marketing purposes by sending an e-mail to [email protected]
6.7 Filing of complaints.
You have the right to file complaints regarding data processing activities carried out by Winalist and Winalist before the competent data protection authorities. If your Data Controller is Winalist Ireland or Winalist GSL, you have the right to file a complaint with its principal supervisory authority, the Irish Data Protection Commissioner. If your Payment Processor is Winalist, you have the right to file a complaint with its principal supervisory authority, the Office of the Data Protection Officer.
7. GLOBAL OPERATIONS
We implement and continually update administrative, technical and physical security measures to protect your information from unauthorized access, loss, destruction or alteration. Some of the safeguards we use to protect your information include firewalls and data encryption, as well as information access controls. If you know or have reason to believe that your Winalist Account identification information has been lost, stolen, misappropriated, or otherwise compromised, or in the event of actual or suspected unauthorized use of your Winalist Account, please contact us by following the instructions in the "Contact Us" section below.
9. Modifications to this Personal Data Protection Charter
10. Contact us
If you have any questions or complaints regarding this Personal Data Protection Charter or Winalist's information processing practices, you can contact us via the contact page or by mail at the following address: Winalist, 44 espace les violettes, Mareuil, 51160 Ay-Champagne, France.