Outside the United States

1. APPLICATION. This subpage (“Subpage”) applies if you reside outside the United States and China and supplements our Privacy Policy. If you reside in the People’s Republic of China, which for purposes of this Subpage does not include Hong Kong, Macau, and Taiwan (“China”), visit our “Privacy Supplement for China Users” page instead for important information that applies to you.

Please read this Subpage carefully. If you have any questions, you can contact us at the details below. It contains important information we are required by the General Data Protection Regulation (“GDPR”) to disclose, including (i) the controller(s) of your personal information, (ii) legal bases, (iii) your legal rights, (iv) safeguards we rely on for transferring your personal information outside the European Economic Area (“EEA”), (v) your rights, and (vi) the contact details of the controller and Data Protection Officer.

1.1 Processing Based on a Legitimate Interest. If LuxeHome Ireland or LuxeHome Global Services Limited is the Controller or LuxeHome Payments Luxembourg SA or LuxeHome Payments UK is the Payments Controller or LuxeHome Ireland Insurance Services Limited is the Reservation Insurance Controller for processing performed by LuxeHome based on a legitimate interest, you can request that LuxeHome does not process your personal information by providing reasons specific to your circumstances. If you object to such processing, LuxeHome will review your objection and will no longer process your personal information for these purposes unless we have compelling legitimate grounds for such processing, or otherwise where such processing is required for the establishment, exercise, or defence of legal claims. We will let you know the outcome of our review. You may exercise your rights to object to such processing by sending us an email.

1.2 Additional Important Information. This Subpage also contains important information about:

the Payments Controller (defined below) and the information processed in connection with the Payments Services; and

the Reservation Insurance Controller (defined below) and the information processed in connection with the reservation insurance program (Reservation Insurance).

2. WHO CONTROLS MY PERSONAL INFORMATION.

2.1 Controller. Where this Subpage mentions “LuxeHome,” “we,” “us,” or “our,” it refers to the LuxeHome company that is responsible for your information under this Privacy Policy (the “Controller”). The designated Controller is set out in Schedule 1.

2.2 Payments Controller. The Privacy Policy also applies to the Payment Services provided to you by LuxeHome Payments pursuant to the Payments Terms of Service (“Payments Terms”).

When using the Payment Services, you will also be providing your personal information to one or more LuxeHome Payments entities (the “Payments Controller” as outlined in Schedule 1), which will be responsible for your information related to the Payment Services, generally depending on your country of residence.

2.3 Reservation Insurance Controller. This Subpage also applies to Reservation Insurance distributed to you by the relevant insurance distributor (“Reservation Insurance Controller” as outlined in Schedule 1) pursuant to the Reservation Insurance and the Terms of Business (“Reservation Insurance Terms“) that apply to your Reservation Insurance offer. When you purchase Reservation Insurance, your personal information will be provided to reservation insurance partners (“Reservation Insurance Partner” as outlined in Schedule 1) who will be independently responsible for your personal information related to your Reservation Insurance.

2.4 Changing Your Country of Residence. If you change your country of residence, the Controller and/or Payments Controller and/or the Reservation Insurance Controller will be determined by your new country of residence as specified above, from the date on which your country of residence changes. To this end the Controller and/or Payments Controller and/or Reservation Insurance Controller that originally collected your personal information will need to transfer such personal information to the new applicable Controller and/or Payments Controller and/or Reservation Insurance Controller. The new Controller and/or Payment Controller and/or Reservation Insurance Controller will continue to process your personal information as described in the Privacy Policy and Subpage when applicable.

2.5 Contact Us. To contact the Controller, the Payments Controller, the Reservation Insurance Controller, or the Data Protection Officer for LuxeHome, click here.

3. PROCESSING OF PAYMENTS INFORMATION.

3.1 Information Necessary For Use of Payment Services. The Payments Controller needs to collect the following information necessary for the performance of the contract with you and to comply with applicable law (such as anti-money laundering regulations). Without it, you will not be able to use Payment Services.

3.1.1 Payment Information. When you use the Payment Services, the Payments Controller requires certain financial information (such as your bank account or credit card information) in order to process payments and comply with applicable law.

3.1.2 Identity Verification and Other Information. The Payments Controller may require identity verification information (such as images of your government issued ID document(s), passport, national ID card, tax ID, or driving license) or other authentication information (such as your date of birth, address, email address, or phone number) and other information in order to verify your identity, provide Payment Services to you, and comply with applicable law.

3.2 How the Payments Controller Uses Personal Information Collected. We may use personal information as a part of Payment Services to:

• enable or authorise third parties to use the Payment Services,
• detect and prevent money laundering, fraud, abuse, and security incidents,
• conduct security investigations and risk assessments,
• comply with legal obligations (such as anti-money laundering regulations),
• enforce the Payment Terms and other payment policies,
• with your consent, send you promotional messages, marketing, advertising, and other information that may be of interest to you based on your preferences
• provide and improve the Payment Services.

4. PROCESSING OF RESERVATION INSURANCE INFORMATION.

4.1 Information Necessary For Reservation Insurance. The Reservation Insurance Controller needs to collect the following information for the following purposes. Without it, you will not be able to purchase Reservation Insurance.

4.1.1 Pre-Contract Information. At the time you express an interest in purchasing Reservation Insurance, the Reservation Insurance Controller requires certain pre-contract information (such as your name, accommodation address, residential address, date of birth, age, e-mail address, contact number, trip start/end date, trip cost, transaction currency, booking number) in order to offer Reservation Insurance to you.

4.1.2 Post-Contract Information. When you purchase Reservation Insurance, the Reservation Insurance Controller will process information about your Reservation Insurance (such as your unique policy number, booking number, status of policy claims, amendments, refunds or cancellations (if any)) in order to perform the Reservation Insurance Terms, comply with obligations under applicable law and regulatory guidance.

4.2 How the Reservation Insurance Controller Uses Personal Information Collected. We will use and share your personal information as a part of Reservation Insurance to:

• assess your eligibility to purchase Reservation Insurance (based on the details of your trip),
• facilitate the Reservation Insurance Partner to underwrite and administer your Reservation Insurance (such as policy claims and benefits),
• perform and manage our contract with the Reservation Insurance Partner,
• perform and enforce the Reservation Insurance Terms, including any other Reservation Insurance policies,
• comply with legal obligations (such as anti-money laundering and consumer contracts obligations), and
• comply with regulatory guidance (as issued by the relevant insurance supervisory authority).

5. PROCESSING OF INFORMATION RELATED TO THE EU DIGITAL SERVICES ACT.

5.1 Information Necessary for EU Digital Services Act Compliance. In addition to the information we collect about you as described in the Privacy Policy, we may collect the following information necessary to comply with the EU Digital Services Act:

5.1.1 Information Needed to Use the LuxeHome Platform. If you are acting for purposes relating to your trade, business, craft or profession and are offering your services to consumers located in the European Union, LuxeHome may collect the following additional information to enable you to conduct business on the LuxeHome Platform. Without it, you will not be able to use the LuxeHome Platform.

5.1.1(i) Trade Register Information. Where you are registered in a trade register or similar public register, the trade register in which you are registered and your registration number, or equivalent means of identification in that register;

5.1.1(ii) Self-Declaration Information. A self-declaration in which you commit to only offer services that comply with the applicable rules of EU law.

5.1.2 Information you Choose to Give Us. Information you choose to provide us may also include other information, such as when you notify us about content or any other information you consider to be illegal or criminal, lodge a complaint in relation to a decision that content is illegal or incompatible with our Terms and other policies.

5.1.3 Personal Information We Collect from Third Parties. To the extent permitted by applicable law, we may receive information about you, such as information to help detect illegal content or content incompatible with our Terms and other policies from (i) third-party service providers and/or partners, or (ii) Members and any other individuals, entities, authorities, and/or other third parties alleging the information in question to be illegal content or content incompatible with our Terms and other policies and combine it with information we have about you.

5.2 How LuxeHome Uses Personal Information Collected. We will use and share your personal information for the purposes described in the Privacy Policy and in line with the legal bases set out in the following section of this Subpage.

6. LEGAL BASES FOR PROCESSING PERSONAL INFORMATION. We process personal information for the purposes described in the Privacy Policy in line with the lawful bases set out below. For more information on the processing activities, please refer to the relevant section of the Privacy Policy.

6.1 Processing of Payments Information (Section 3, this Subpage).

6.2 Processing of Reservation Insurance Information (Section 4, this Subpage and Section 3.2.6 of the Privacy Policy)

6.3 How We Use Information We Collect (Section 2 of the Privacy Policy).

6.4 Comply with Law, Respond to Legal Requests, Prevent Harm, and Protect Our Rights (Section 3.3.2 of the Privacy Policy).

As further set out in our Privacy Policy, we are obliged to comply with certain tax laws. In the European Union, the following tax legislation is relevant in the context of the data processing carried out by LuxeHome:

7. YOUR RIGHTS.You benefit from rights pursuant to applicable law. While some of these rights apply generally, certain rights apply only in certain limited cases. We may ask you to verify your identity and request before taking further action on your request. See here for information on data subject rights requests and how to submit a request.

7.1 Access and Portability. You have the right to request certain copies of your personal information held by us. In certain instances, you also have the right to request copies of personal information that you have provided to us in a structured, commonly used, and machine-readable format and/or request us to transmit this information to another service provider (where technically feasible).

7.2 Rectification. You have the right to ask us to correct inaccurate or incomplete personal information about you (and which you cannot update yourself within your LuxeHome account).

7.3 Erasure. We generally retain your personal information for as long as is necessary for the performance of the contract between you and us, to comply with our legal obligations, and as permitted by applicable law. You have the right to ask us to delete your personal information, subject to certain limitations and restrictions. Please note that if you request the erasure of your personal information:

7.3.1 Legitimate Business Interests. We may retain personal information as necessary for our legitimate business interests, such as prevention of money laundering, fraud detection and prevention, and enhancing safety. For example, if we suspend an LuxeHome account for fraud or safety reasons, we may retain information from that LuxeHome account to prevent that Member from opening a new LuxeHome account in the future.

7.3.2 Legal, Tax, Reporting, and Auditing Obligations. We may retain and use your personal information to the extent necessary to comply with our legal, tax, reporting, and auditing obligations.

7.3.3 Shared Information. Information you have shared with others, such as Reviews and forum postings, may continue to be publicly visible on LuxeHome, even after your LuxeHome account is cancelled.

7.3.4 Residual Copies. Because we maintain LuxeHome to protect from accidental or malicious loss and destruction, residual copies of your personal information may not be removed from our backup systems for a limited period of time.

7.4 Withdrawing Consent. If we are processing your personal information based on your consent you can withdraw your consent at any time by changing your account settings or by sending a communication to LuxeHome specifying which consent you are withdrawing. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal.

7.5 Restriction of Processing. You have the right to limit the ways in which we use your personal information, in particular where (i) you contest the accuracy of your personal information, (ii) the processing is unlawful and you oppose the erasure of your personal information, (iii) we no longer need your personal information for the purposes of the processing, but you require the personal information for the establishment, exercise, or defence of legal claims, or (iv) you have objected to the processing pursuant to Section 5.6 (below) and pending the verification whether the legitimate grounds of LuxeHome override your own.

7.6 Objection to Processing. You have the right to object to the processing of your personal information based on grounds specific to your situation if such processing is for direct marketing or is for a purpose based on a legitimate interest or public interest. If you object to processing based on legitimate or public interests, we will no longer process your personal information for these purposes unless we have compelling legitimate grounds for such processing or where the processing is otherwise required for the establishment, exercise, or defence of legal claims. Where your personal information is processed for direct marketing purposes, you may, at any time, ask LuxeHome to cease processing your data for these direct marketing purposes by sending an e-mail to [email protected].

7.7 Lodging Complaints. You have the right to lodge complaints about our data processing activities by filing a complaint with our Data Protection Officer who can be reached by the “Contact Us” section above or with your local supervisory authority or our lead supervisory authority, the Irish Data Protection Commission.

8. RETENTION.We retain personal information for as long as needed or as permitted in light of the purpose(s) for which it was obtained and consistent with applicable law. The criteria used to determine our retention periods include:

• the length of time we have an ongoing relationship with you, whether you are a Guest or a Host, and provide LuxeHometo you (for example, for as long as you have an account with us or keep using LuxeHome),
• whether there is a legal obligation to which we are subject (for example, certain laws, such as anti-money laundering requirements) require us to keep records of your transactions for a certain period of time before we can delete them); and/or
• whether retention is advisable in light of our legal position or to protect the safety of individuals (such as in regard to applicable statutes of limitations, litigation, or regulatory investigations).

9. OPERATING GLOBALLY. 

9.1 International Transfers. To facilitate our global operations, LuxeHome and LuxeHome Payments may transfer, store, and process your information within our family of companies, partners, and service providers based in Europe, Asia Pacific and North and South America. Laws in these countries may differ from the laws applicable to your country of residence. In certain circumstances, courts, law enforcement agencies, regulatory agencies, or security authorities in these other countries may be entitled to access your personal information. Some of these countries are subject to a European Commission adequacy decision, such as Japan, New Zealand, Switzerland, the United Kingdom, Canada, and Israel. For other countries, measures have been taken pursuant to applicable data protection law, such as standard contractual clauses within LuxeHome or with the relevant third party to protect this personal data.

9.2 Other Means to Ensure an Adequate Level of Data Protection. If LuxeHome Ireland is the Controller and your information is shared with corporate affiliates or third-party service providers outside the EEA, we have (prior to sharing your information with such corporate affiliates or third-party service providers) established the necessary means to ensure an adequate level of data protection. This may be an adequacy decision of the European Commission confirming an adequate level of data protection in the respective non-EEA country or an agreement on the basis of the EU Model Clauses (a set of clauses issued by the European Commission). We will provide further information on the means to ensure an adequate level of data protection, such as a copy of the EU Model Clauses, on request.

Schedule 1:

*LuxeHome Payments UK is responsible for all Payments Services before January 29, 2024.

**After April 13, 2024, LuxeHome Plataforma Digital Ltda. is responsible for all activities done by a Guest or Host residing in Brazil.

***LuxeHome Payments UK is responsible for Payments Services before May 13, 2024.

****In the EEA, Webhelp SAS, a company based at 3 rue d’Héliopolis, 75017 Paris, France, provides customer support services to Reservations Insurance under French insurance law license. Webhelp SAS operates as an independent controller as required for legal compliance, such as anti-money laundering and combating the financing of terrorism regulations. In the UK, Reservation Insurance is offered by LuxeHome UK Services Limited (“LuxeHome UK”) as an appointed representative of Aon UK Limited (“Aon UK”). Europ Assistance S.A., UK Branch, whose principal establishment is located at 4 Thomas More Square, London E1W 1YW, is the underwriter of your Reservation Insurance. In certain countries within the European Economic Area, the insurance product is called “Reservation Insurance” and is offered by LuxeHome Ireland Insurance Services Limited (“LIIS”). LIIS is regulated by the Central Bank of Ireland (“CBI”). LIIS is registered as an insurance intermediary under the European Union (Insurance Distribution) Regulations 2018. Europ Assistance S.A. Irish Branch, whose principal establishment is located at Central Quay, Ground Floor, Block B, Riverside IV, Sir John Rogerson’s Quay, Dublin 2, Ireland, is the underwriter of Reservation Insurance. Aon Spain, Aon UK, and Europ Assistance S.A. are Reservation Insurance Partners. The Reservation Insurance Controllers and the Reservation Insurance Partners are independent controllers of your personal information and each process your personal information for separate purposes. See the Reservation Insurance Terms for more details, including information about the Reservation Insurance Partner’s own privacy policy.

*****In Canada, Reservation Insurance is offered by LuxeHome Canada Insurance Services, Inc.

(+) If you book or offer a hotel or traditional accommodation and LuxeHomeStaycation, LLC is identified as the contracting entity, LuxeHome Ireland UC and LuxeHomeStaycation, LLC act as joint controllers. If you book a long term stay accommodation in the U.S. and Luxe Home Stays, Inc. is the contracting entity, LuxeHome Ireland UC and Luxe Home Stays Inc. act as joint controllers. Contact LuxeHomeStaycation, LLC and Luxe Home Stays, Inc. at 888 Brannan St., San Francisco, CA 94103, United States.