Wimdu Terms and Privacy

Terms and Conditions

General Terms and Conditions (GTC) for using the online platform wimdu.co.uk

(Last updated version)

  1. Scope, amendment of General Terms and Conditions
    1. The General Terms and Conditions (GTC) below apply to the use of the platform www.wimdu.co.uk (also: “platform”). This is a service of Wimdu GmbH (“Wimdu” or “we”).
    2. “Users” within the sense of these General Terms and Conditions are natural and legal persons who have registered and whose registration has been confirmed by Wimdu.
    3. Wimdu offers the usage of its platform, in particular the use of the database, solely on the basis of these General Terms and Conditions.
    4. By registering for or using our services, users consent to the validity of these General Terms and Conditions.
    5. Wimdu reserves the right to amend its General Terms and Conditions effective for the future if an adjustment is necessitated by economic or legal grounds. The amendments will not become part of the agreement until the user consents to such amendments. It is sufficient for this purpose that Wimdu sends the new version of the General Terms and Conditions to the e-mail address that the user provided for information purposes. If the user does not contradict the amendments to the General Terms and Conditions within one week, consent will be considered to have been granted.
    6. Conflicting terms and conditions of the user have no effect (point 2.5 notwithstanding), even if Wimdu does not contradict them.
  2. Performance by Wimdu, performance by providers
    1. The platform is an online market place on which users can offer and rent apartments, houses, rooms or other accommodation (“accommodation”).
    2. On www.wimdu.co.uk, Wimdu provides a platform on which users can communicate with each other and conclude agreements. Wimdu itself does not offer any accommodation; it merely acts as an intermediary for the conclusion of agreements between users.
    3. Leases are concluded exclusively between the user providing the accommodation (“provider”) and the user renting the accommodation (“tenant”). Wimdu itself is not a party to the leases concluded between the website’s users. However, Wimdu is entitled to act as a representative for the provider with the authority to conclude agreements and to conclude agreements on his behalf. However, the provider and the tenants are themselves responsible for satisfying their own contractual obligations. In the event of default, this must be negotiated between the users. Wimdu saves and will transmit the contact data of both parties for this purpose.
    4. Wimdu does not examine the legality, accuracy or completeness of offers published on the platform or user content, and these do not represent the views of Wimdu. Wimdu is not responsible for third-party offerings or content.
    5. Providers can apply their own terms and conditions to the accommodation they are renting that do not affect the General Terms and Conditions of Wimdu.
    6. Providers and tenants are responsible for their adherence to the provisions governed by public law, including municipal codes regarding property rental.
  3. Registration, realisation of the user agreement, contractual declarations
    1. User registration is required for the use of Wimdu’s offering. Registration is free of charge and requires that users accept Wimdu’s General Terms and Conditions. The user agreement between Wimdu and the user arises on receipt of the registration confirmation e-mail at the e-mail address provided by the user. There is no claim to the conclusion of such a user agreement.
    2. Registration is available only to natural persons, legal persons and partnerships that are fully legally competent. The registration of a legal person or partnership may be performed only by a natural person with power of representation who must be named. When registering, only individual persons may be given as the owner of the user account (i.e. no married couples or families).
    3. When registering, the user undertakes to provide accurate, up-to-date and complete information as required by the registration form, in particular first and last name, current address (not a PO box), a valid e-mail address and, where appropriate, the name of the company and an authorised representative. The data must be up-to-date and correct at all times. Multiple registrations under different member names are prohibited. When registering, the user chooses a member name and a password. The member name cannot be an e-mail or Internet address, must not violate third-party rights – in particular naming or trademark rights – and must not transgress the bounds of common decency. After registration, the user is assigned a password and a name for his user account.
    4. The user can receive contractual declarations at his stated e-mail address.
  4. User obligations, user account, system integrity
    1. The user is solely responsible for all content that he places on the platform. In his relationship to Wimdu, he untertakes not to place illegal content on the platform and to refrain from actions that violate laws.
    2. The provider is responsible for ensuring that the accommodation he offers is described
      correctly and completely. He must provide the information in Wimdu’s required fields at a
      minimum so that the accommodation and the offer are described with sufficient accuracy.
      In addition, the provider is free to stipulate further conditions such as the amount of any
      deposit, the cost of final cleaning, cancellation options, etc. The various cancellation
      policies that can be agreed are available under cancellation policies. The user
      undertakes to keep the information in his user account up-to-date and accurate at all
      times, i.e. to correct it immediately in the event of a change. A user account cannot be
      transferred.
    3. The user undertakes to use his user account himself only and to keep his password secret.
    4. The user is liable to Wimdu for all actions performed using his user account, unless the user is not responsible for the misuse of his user account.
    5. Once the user is aware that third parties have access to his user data or have otherwise gained access to his user account, he must notify Wimdu of this immediately. Wimdu is entitled to then block the user account until the situation has been clarified.
    6. Each user must independently verify the identity of his respective contract partner. Wimdu accepts no liability for the accuracy of the user contact information entered on the platform.
    7. The user undertakes to set up his systems and programmes in connection with the use of Wimdu offering in a way that ensures that the security, integrity and availability of systems set up by Wimdu to provide its services are not affected. Users must not block, rewrite, or modify content generated by Wimdu or interfere with the Wimdu offering in any other way that contravenes the purpose of the user agreement. Wimdu is entitled to set up the required measures in accordance with section 12 as are necessary to ensure the system integrity of Wimdu or third-party systems.
    8. Users must not use addresses, contact data, or e-mail addresses that they obtain by using the website for any purpose other than for contractual communication. In particular, these data must not be forwarded to unauthorised persons or used to send advertising, unless the user in question has expressly granted his consent in advance.
    9. The user absolutely must not send mass messages with the same content via the platform. Any spamming or similarly harassing action towards other users or third parties is prohibited.
    10. Each user is himself responsible for archiving any information that can be viewed on the website and saved by Wimdu that is required for the purposes of preservation of evidence, accounting, etc. on a storage medium independent of Wimdu.
    11. In the event of a violation of these General Terms and Conditions by a user, Wimdu is entitled to exercise its virtual householder rights. Wimdu can exclude the user in question from using its services, delete the content he uses, or take other measures within the meaning of section 12. Wimdu will take legal action to exercise its legitimate rights to forbearance and compensation.
  5. Handling of content and rights
    1. Within the framework of the platform’s functionality, providers can present to potential tenants using a variety of media. Certain rules must be complied with to ensure that the various media are utilised legally so that neither the user nor Wimdu can be made liable. These rules derive, for example, from laws protecting copyrights and brands in addition to these General Terms and Conditions.
    2. Wimdu saves for the user the multimedia content uploaded by him (images, text, etc.) or merely arranges the necessary memory space and access to it. Users themselves are therefore solely responsible for the multimedia content they upload to Wimdu and indemnify Wimdu against all third-party claims resulting from this. In particular, this indemnification also includes the costs of appropriate prosecution and legal defence.
    3. Users will therefore ensure that the uploaded content does not violate applicable law or legal provisions, common decency, or in particular third-party rights (naming rights, personality rights, copyright, data protection rights, etc.). In particular, users undertake not to upload content that violates the terms of the Strafgesetzbuch (SGB – German Penal Code) or the Jugendmedienschutz -Staatsvertrag (JMStV – German Interstate Treaty on the Protection of Minors in the Media). The user also undertakes not to utilise content that is pornographic, glorifies violence, or is race baiting. This also applies to the sending of e-mails and other electronic communication media of the platform.
    4. By uploading multimedia content, users transfer to Wimdu a free, revocable, unlimited, non-local right of use that can be sublicensed to the multimedia content uploaded to Wimdu by the user. In particular, the right of use comprises the right to process the multimedia content for the purposes of the platform and to make it available to the public offline, in printed or electronic form, by wired or wireless connection, in such a way that it is accessible to members of the public at places and times of their choosing, including playback on their chosen receiver terminal that allows online access, in particular stationary and portable computer and mobile handheld devices such as smartphones, tablets and similar equipment.
    5. The content offered via Wimdu is protected by copyright. The platform is generally accessed and utilised individually by a natural person using a web browser. The use of technologies such as web spiders, crawlers, or similar programmes, the purpose of which is not just the indexing of content but also the mass accessing and saving of the platform’s content is prohibited. This also applies in particular to technologies that enable so-called screen scraping and other third-party services.
    6. In the event of a violation of these prohibitions and the guidelines of these General Terms and Conditions, Wimdu is entitled to refuse acceptance of content, to delete and block content immediately and to delete the pages and links to them immediately. In such cases the user has no right to the restoration of his multimedia content on the internet platform or the release of his deleted user profile.
  6. Availability and amendment of the website
    1. The user has no legal claim to permanent use of the platform. In particular, Wimdu is not required to ensure that the platform is available or can be reached at all times. However, Wimdu endeavours to maintain operation of the platform with as few disruptions as possible and to continue to develop it in line with user requirements.
    2. Wimdu can temporarily restrict use if this is necessary in terms of security, integrity, capacity limits, or the performance of technical measures (maintenance work). In particular, Wimdu will take users’ legitimate interests into account by notifying them in advance.
  7. Liability for third-party sites
    1. The platform’s pages also include links to websites on the Internet maintained by third parties, the content of which is not known to Wimdu. Wimdu merely provides access to the websites and accepts no responsibility for the content. The links to third-party Internet sites merely serve to facilitate navigation. Wimdu does not espouse the views expressed on the sites to which it links, and rather hereby expressly distances itself from all content on all websites that it links to on its platform.
    2. The owners of the Internet sites to which the Wimdu platform hyperlinks are solely responsible for both their content and the goods or services offered for sale there.
  8. Booking process, payment, invoicing
    1. By listing an accommodation on the Wimdu website, the provider is issuing an invitation to submit offers. Another user can submit an offer to conclude a lease for this accommodation. The agreement arises if the provider accepts this offer within 24 hours in a manner intended by Wimdu. Otherwise, the other user is no longer bound to his offer.
    2. Cancellations are considered to be withdrawals before the planned check-in. One of the options shown under Cancellation Policies can be agreed. Refunds required as a result will be paid by Wimdu to the user using the same channel chosen by him within the meaning of section 8.4.3.
    3. The provider must ensure that:
      1. the description of the accommodation and the images used do not violate the law or third-party rights and that they relate only to the accommodation on offer.
      2. successfully booked accommodation is indicated accordingly.
      3. information uploaded does not constitute references to third-party content.
      4. he complies with public law regulations, particularly those for payment, factoring and tax law obligations, which may also include any obligations under sales tax law or indirect tax obligations. The provider will be solely responsible of the obligations and duties of the offer content. Wimdu is entitled to verify the offer of the users and ask for the corresponding proofs.

    4. The payment process shall take place under the following provisions:
      1. The agreement arises by way of a total price shown at the end of the booking. This consists of the rent and the processing fee, which comprises an administration component and a property-based component determined by the rent. After a booking has been made, Wimdu notifies users of its content and the total price.
      2. Wimdu is entitled to change the amount of processing fees at any time. This does not apply to leases already concluded. The provider will be notified of the amount of the processing fee by e-mail in a timely manner together with the booking inquiry.
      3. The tenant must pay the total price shown in the booking, possibly in several instalments, by way of the channel chosen in the booking process. Wimdu receives the money from the tenant on behalf of the provider and holds it for the provider in a non-interest-bearing trust account. If debt collection is unsuccessful, the tenant must reimburse any additional costs incurred. This does not apply if the tenant is not responsible for the failure of debt collection.
      4. On conclusion of the booking process, the tenant instructs Wimdu to transfer the rent to the provider 24 hours after the start of his stay in the rented accommodation. If use of the accommodation is not transferred to the tenant as per contractual arrangement, the tenant has the right to revoke this instruction to Wimdu. Instructions to Wimdu must be revoked immediately stating grounds and using the contact form.
      5. The provider shall satisfy his obligation to pay the processing fee to Wimdu by way of Wimdu transferring this from the trust account to his own, so that the provider does not have to make any further payments.
      6. Users can offset Wimdu processing fees against receivables only if these are due and have been legally established or are undisputed. Receivables cannot be transferred to third parties.

    5. On request, the provider must issue the tenant with an invoice for the total price. On request, Wimdu will issue the provider with an invoice for the processing fee, though this will be shown without sales tax or similar indirect taxes in accordance with tax law provisions, unless expressly stated otherwise in these regulations.
    6. Unless Wimdu is notified otherwise, it is refutably assumed that the provider operates in a business capacity and is aware of his resulting (sales) tax obligations and satisfies these accordingly. Wimdu is entitled to demand corresponding evidence of the provider’s business capacity.
    7. The provider reserves the right to additionally charge other on-site costs based on consumption and use (in particular: electricity, water, heating). The provider must advise the tenant that he has a basic right to charge these costs before concluding the agreement. Such costs are not taken into account in the calculation of the processing fee. This also applies to any security deposit.
    8. Booking vouchers issued by Wimdu can be used by tenants to make bookings within set periods. Tenants do not receive any payment.
    9. Users are prohibited from circumventing the above booking and payment processes, in particular the processing fees.
  9. Security deposit
    1. The provider is entitled to charge a security deposit in his offer. If a provider demands a security deposit from the tenant on the day of arrival, corresponding information on the amount of the security deposit and the payment method must have already been mentioned in the offer. The amount of the security deposit must be stipulated prior to the booking. It must also be clarified in advance when the amount must be paid (e.g. three months before arrival, in cash on arrival).
    2. If the provider did not mention the security deposit when advertising his accommodation, but demands a security deposit at a later time and the tenant does not agree, this constitutes a refusal to render performance by the provider under the agreed contract. In such cases, Wimdu reserves the right to cancel the booking and to charge the provider a cancellation fee.
    3. Wimdu is not responsible for the administration of security deposits or for any claims asserted by the provider.
  10. Review system
    1. The website allows users to review each other after performance of the agreement. Reviews are intended to provide meaningful information on users' trustworthiness. The reviews are not reviewed in advance by Wimdu.
    2. Users undertake to make only truthful statements in the reviews they submit and to comply with the corresponding legal provisions. The reviews expressed by users must not violate third-party rights, in particular personality rights. They must be objective and must not contain defamatory criticism.
    3. Any use of the review system contrary to the purpose of the review system is prohibited. In particular, users are prohibited from issuing reviews about themselves or arranging for third parties to let information be known in reviews that is unrelated to the settlement of the underlying agreement, and are prohibited from using reviews for any purpose other than presentation on the website.
    4. Wimdu does not intervene in the review system without justifiable grounds. Reviews issued will be neither amended nor removed by Wimdu unless Wimdu is legally and specifically required to do so. Reviews cannot be altered after they have been posted. They are saved permanently in a user’s reviews profile and can be viewed by all users. Wimdu is entitled to add notes to a review if this is useful for clarification and a better understanding of the review in question.
    5. If reviews are abused by a user, Wimdu shall have the right to remove the review as an exception and to take the measures stated in section 12. This applies in particular if:
      1. the review must be removed on account of an enforceable court ruling against those who issued the review;
      2. the comment contains remarks that are vulgar, obscene, racist, not suitable for minors, or criminally offensive;
      3. the review contains another member’s personal information, such as name, address, telephone number or e-mail address;
      4. the review contains unauthorised links or scripts;
      5. if a user has inadvertently posted a negative review for the wrong user, but has already corrected this error and assigned the same review to the correct user;
      6. the review was issued by a person who was not authorised to make the booking;
      7. the review comes from a user whose user account was blocked by Wimdu within 90 days of registration. This does not apply to user accounts that are blocked for non-payment of a processing fee or in situations where users are granted the opportunity to solve the problem and the user account is restored.

    6. Both parties to the agreement can agree to withdraw a review that has already been issued. The review point will be removed and will no longer be included in the reviews profile.
  11. Duration, termination
    1. The user agreement is concluded for an indefinite period.
    2. The user can terminate it at any time without notice. A declaration of termination to Wimdu in written form (e.g. letter, fax, e-mail) is sufficient. User's leases with other users that have already been proven or arranged remain unaffected by the termination of the agreement. This applies accordingly to claims for the payment of processing fees already due.
    3. Wimdu can terminate the user agreement at any time with two weeks’ notice.
    4. This does not affect the right to block, the right to terminate for just cause or individually agreed rights of termination of the user. In particular, Wimdu has just cause if:
      1. The user does not comply with a not merely insignificant payment obligation in full or in part, despite having been sent a reminder with an appropriate deadline;
      2. The user violates his obligations under these General Terms and Conditions and does not take remedial action despite having been sent a reminder with a timely deadline. A reminder is not needed if this is not expected to be successful or if the breach is sufficiently severe that it would be unreasonable for Wimdu to maintain the agreement. Furthermore, the severity of the offence can also result from the fact that the user has already been warned several times for similar violations;
      3. Requirements of law, a court, or an official authority mean that the use of the platform can no longer be offered in this form;
      4. Wimdu discontinues its platform or business activities;
      5. Insolvency proceedings are initiated for the user’s assets owing to a lack of funds.

  12. Measures in the event of illegal conduct and/or conduct in breach of contract by the user
    1. If there are specific indications that a user is culpably violating legal provisions, thirdparty rights, or the General Terms and Conditions or if Wimdu otherwise has a legitimate interest, particularly with regard to protecting its users against fraudulent activities, Wimdu can take one or more of the following actions subject to termination without notice:
      1. Issue the user with a warning;
      2. Delete the user's offers or other content;
      3. Restrict the user's use of the website;
      4. Temporarily or permanently exclude (block) the user from the website;
      5. Contest and cancel existing leases in the name of the provider without taking into account the otherwise applicable cancellation policies, and reject the user’s offers for the conclusion of a lease in the name of the provider.

    2. Wimdu also takes the legitimate interests of the user in question into consideration when choosing these measures.
    3. Leases that have already been concluded between the user and other users are not affected by deletion of an offer. This applies accordingly to claims for the payment of processing fees already due. An effective lease does not arise if Wimdu deletes an offer before it is accepted by a user.
    4. Wimdu reserves the right to block a user in any of the following cases, taking the legitimate interests of the user into account. Wimdu has the right to block a user when:
      1. the user has repeatedly received negative reviews in the review system as per section 10 and must be blocked to protect the interests of other market participants;
      2. the user has provided incorrect contact information in his user account, in particular an incorrect or invalid email address;
      3. a user account is transferred to another party;
      4. the user significantly harms other users, in particular if their accommodations and/or furnishings are damaged, destroyed, stolen, etc.;
      5. there is just cause due to similar risk and responsibility of the user.

      6. a user shows a capture rate that is significantly lower than the average rate and an improvement cannot be predicted.

    5. After a user has been permanently blocked by Wimdu, he is not entitled to have the blocked user account or the reviews profile restored. The user will also no longer be permitted to use the website with other user accounts or to re-register.
  13. Wimdu’s liability
    1. Wimdu is fully liable for damages caused with intent or through gross negligence by Wimdu, its employees or agents, for fraudulent concealment of defects, if a guarantee was expressly assumed and for damages arising from injury to life, body and health.
    2. Wimdu is liable for other damages only if they arise from violation of a duty whose fulfilment makes the proper implementation of the agreement possible and compliance with which is regularly trusted by the parties to the agreement. Its duty to pay compensation is limited to such damages considered typical for the agreement and foreseeable. This does not affect any liability under the Produkthaftungsgesetz (German Product Liability Act). For more information about our subsidiary liability insurance, please refer to the end of the terms and conditions.
    3. As Wimdu does not participate in the contractual relationship between the tenant and the provider, Wimdu accepts no liability for contracts for accommodation.
  14. Closing provisions
    1. Wimdu is authorised to transfer its rights and obligations under this agreement in full or in part to third parties.
    2. This agreement is subject solely to the substantive laws of the Federal Republic of Germany with the exception of the UN Convention on the International Sale of Goods and German international private law.
    3. If the user is a consumer within the meaning of section 13 of the Bürgerliches Gesetzbuch (BGB – German Civil Code), this does not affect the mandatory consumer protection regulations in which the consumer is ordinarily resident.
    4. If individual provisions of these General Terms and Conditions are or become wholly or partially invalid, the other General Terms and Conditions are still valid. In the event of such a provision being invalid, it shall be replaced by a legal provision.
    5. All declarations to be sent in connection with the user agreement to be concluded with Wimdu must be issued in writing or by email. The postal address and email address of a user are those that are stated as the current contact data in the user’s user account.
    6. Wimdu GmbH has engaged its subsidiary Wimdu Malta Limited (38, Level 2, Emanuel Schembri Street, Birkirkara BKR 1810, Malta) to process its credit card transactions.
*To read more about our subsidiary liability insurance, click here

Cancellation Policies

1. How does a cancellation work?

  • The cancellation policies are selected by the provider. The provider can choose one of three different policies: flexible, moderate, or strict. These policies are designed to protect both providers and tenants.
  • In accordance with the cancellation policy, cancellations are considered to be withdrawals before the planned check-in.

2. How do I cancel a booking?

  • To ensure a smooth and secure process, all cancellations must be processed through Wimdu.
  • If you wish to cancel a booking, please contact our customer support team.
  • Cancellations made by the guest must be communicated in text form. Cancellations must include the booking code and must be sent from the guest’s email address registered with Wimdu and noted in his user profile.
  • Hosts must cancel their bookings through Wimdu's cancellation page, which is available on the "My Listings" page in "My Account". By cancelling though this page, an automated cancellation in text form will be generated and sent to Wimdu's Customer Support.
  • Please note that a cancellation is not official until after you have received a confirmation e-mail from Wimdu.
  • Our customer support team will immediately handle your cancellation request and inform your provider or tenant. You do not have to take any further action.

3. If the tenant cancels, how are the reimbursement to the tenant and payment to the provider calculated?

3.1. General regulations

  • The amount refunded to the tenant is dependent on when a booking is cancelled and the cancellation policy chosen by the provider, or imposed by Wimdu.
  • To ensure a smooth and secure process, all cancellations must be processed through Wimdu.
  • The refundable amount depends on the cancellation policy. The respective amount of the cancellation fee is shown in the booking process. The regulations under section 8.4. regarding payment processes apply accordingly.
  • Regardless of the cancellation policy chosen by the provider, tenants themselves are responsible for proving that the provider incurs no loss or a significantly lesser loss than the cancellation fee.

3.2. Individual cancellation policies

Cancellation Policy: Free Cancellation

You will be refunded the total price (including the Wimdu Service fee) if you cancel the booking at least 2 days before check-in by 12 noon CET (Central European Time). For cancellations that are made less than 2 days before check-in, you will be refunded 5% of the total price minus the Wimdu service fee.

Please note that as of 13th July 2015, the 'Free Cancellation' policy has been withdrawn. The 'Free Cancellation' policy and its terms are still in effect for any bookings that were confirmed or requested before the 13th July 2015 on properties where 'Free Cancellation' was selected by the provider at the time of booking.

Cancellation Policy: Flexible

You will be refunded the total price minus the cancellation fee if you cancel the booking at least 2 days before check-in by 12 noon CET (Central European Time). For cancellations that are made less than 2 days before check-in, you will be refunded 5% of the total price minus the cancellation fee.

Cancellation Policy: Moderate

You will be refunded the total price minus the cancellation fee if you cancel the booking at least 4 days before check-in by 12 noon CET (Central European Time). For cancellations that are made less than 4 days before check-in, you will be refunded 5% of the total price minus the cancellation fee.

Cancellation Policy: Strict

You will be refunded half of the total price minus the cancellation fee if you cancel the booking at least 7 days before check-in by 12 noon CET (Central European Time) For cancellations that are made less than 7 days before check-in, you will be refunded 5% of the total price minus the cancellation fee.

4. Can a guest cancel after already checking in?

  • If you have serious grounds for complaint when checking in, please contact our Customer Support team within 24 hours. If the accommodation has not been left in the condition as described in the agreement, we will send corresponding complaints to the host. After reviewing the case, we will deduct the amount to be paid to the host accordingly and refund the rest to you.
  • Please note that a refund is possible only if we receive your complaint within 24 hours after checking in.
  • Wimdu reserves the right to demand payment at least in the amount of the processing fee from the host.

5. What happens if the host cancels?

  • Wimdu takes booking cancellation very seriously as it gives a negative experience to guests.
  • In the case of a cancellation by the host, the guest will be reimbursed the full price of the booking. In such cases, no cancellation fees will be incurred by the guest.
  • Wimdu will help the guest find alternative accommodation.
  • The host must pay a cancellation fee of 15% of the total price of the booking. The cancellation fee will rise to 50% of the total price if the host cancels the booking less than 8 days before check-in. If the booking had been accepted with "Instant Booking" and the booking is then cancelled within 24 hours after confirmation, the fee will be 5%.
  • The cancellation fee will be deducted from the host's next booking.
  • The host will not receive a payment from any bookings they have cancelled.
  • The listing connected to the cancelled booking will be penalized in the rankings; this could lead to less booking requests in the future.
  • A one-star review will automatically be added to the reviews section of the listing connected to the cancelled booking.

6. Special cancellation policies

6.1. Bereavement

In the event of bereavement within the family (mother, father, husband/wife, sister, brother, child) between seven days and 24 hours before arrival, the guest will be reimbursed the full price. The host will have no claim to payment. No cancellation fees will be incurred. Less than 24 hours before arriving, the guest will receive 75% and the host 25% of the total price. No cancellation fees will be incurred. A death certificate is required as proof.

6.2. Natural disasters and other unforeseeable events

If natural disasters (avalanche, blizzard, cyclone, hurricane, earthquake, flood, landslide, lightning), war, terrorist attacks or nuclear accidents make it impossible for the host to meet his booking obligations (and he can prove that no alternative, similar accommodation is available) the guest will be reimbursed 100% of the total price. No cancellation fees will be incurred. This also applies if means of transportation are damaged and the guest is unable to reach the accommodation in some other way and can provide evidence of this.

Privacy

Privacy Policy of Wimdu GmbH (“Wimdu”)

1. Name and address of the controller

The controller pursuant to the General Data Protection Regulation and other national data protection laws of Member States as well as other legal data protection regulations is:

Wimdu GmbH

Voltastr. 5

13355 Berlin

Germany

Email: contact@wimdu.com

Website: www.wimdu.com

Contact Data Protection Officer

Data Protection Officer at Wimdu GmbH

Email: datenschutz@wimdu.com

2. General provisions for data processing

1. Scope of personal data processing

Protecting your privacy is very important to us. As far as we collect, process or use personal information about you as part of the services we provide, we do so in accordance with the relevant German and European data protection laws.

In principle, we collect and use the personal data of our users only to the extent necessary to provide a functional website, our content and services. The collection and use of the personal data of our users take place regularly only with the user’s consent. An exception applies to cases in which prior consent cannot be obtained for reasons of fact and the processing of the data is permitted by law.

2. Legal basis for personal data processing

Insofar as we obtain the consent of the data subject for processing personal data, point (a) of Art. 6(1) EU General Data Protection Regulation (GDPR) serves as the legal basis.

For the processing of personal data necessary for the conclusion and the performance of a contract to which the data subject is a party, point (b) of Article 6(1) GDPR serves as the legal basis. This also applies to processing operations required in order to take steps prior to entering into a contract.

Insofar as the processing of personal data is necessary for compliance with a legal obligation to which our company is subject, point (c) of Article 6(1) GDPR serves as the legal basis.

If the processing of personal data is necessary in order to protect the vital interests of the data subject or of another natural person, point (d) of Article 6(1) GDPR serves as the legal basis.

If the processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, and if the interests or fundamental rights and freedoms of the data subject do not override the first-mentioned interests, point (f) of Article 6(1) GDPR serves as the legal basis for processing.

3. Data erasure and storage period

The personal data of the data subject shall be erased or blocked as soon as the purpose of the storage ceases to apply. In addition, data storage may take place if provided for by the European or national legislator in EU regulations, laws or other provisions to which the controller is subject. Blocking or erasure of data also takes place when a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of data for the conclusion or performance of a contract.

4. Transfer of personal data to third parties

We may disclose your personal data to third parties where necessary and in compliance with local laws and regulations, in particular to the following categories of persons:

  • Affiliated companies
  • External service providers performing services on our behalf
  • Providers of outsourced IT services with whom we cooperate

Data are passed on to complete your booking, enable payments for bookings, send marketing material or for analytical support services.

3. Provision of the website and log file creation

1. Description and scope of data processing

Each time our website is visited, our system automatically collects data and information from the computer system of the requesting computer.

The following data are collected in this context:

  1. Information about the browser type and browser version used
  2. The operating system of the user
  3. The internet service provider of the user
  4. The IP address of the user
  5. The time and date of the visit
  6. Websites from which the system of the user accesses our website
  7. Websites which are accessed by the system of the user through our website

The data are also stored in the log files of our system. These data are not stored together with other personal data of the user.

If you are using a mobile device, we also collect device-specific settings and location data. This data will be stored whether or not you are registered with Wimdu or have logged into your Wimdu user account.

2. Legal basis for data processing

Point (f) of Article 6(1) GDPR is the legal basis for the temporary storage of data and log files.

3. Purpose of data processing

When you access our platform, for example, to search for accommodation, post listings, make bookings, accept booking requests, pay for accommodation, post comments or reviews, or communicate with other users or Wimdu, we may store information such as your IP address, the time and date of your visit, how you are using our platform, your browser type and information about your computer’s operating system as well as the pages you have visited and your original website.

The system needs to temporarily store the IP address to be able to deliver the website to the user’s computer. Therefore, the user’s IP address must be stored for the duration of the session.

Data are stored in log files to ensure the functionality of the website. In addition, the data are used to optimise our website and to ensure the security of our information technology systems. In this context, the data are not evaluated for marketing purposes.

For these purposes, we have a legitimate interest in processing the data pursuant to point (f) of Article 6(1) GDPR.

4. Period of storage

The data shall be erased as soon as they are no longer required to achieve the purpose of their collection. For data collected to provide the website, this is the case once the respective session is finished.

For data stored in log files, this is the case after 60 days at the latest. The data may be stored beyond this period. In this case, user IP addresses will be erased or modified to render impossible later assignment of the requesting client.

5. Possibility of objection and erasure

The collection of data for the provision of the website and the storage of data in log files is essential for the operation of the website. Consequently, the user has no possibility to object.

4. Registration

1. Description and scope of data processing

On our website, we offer users the possibility to register by providing their personal data and to create a user account. The data entered into the input mask will be transferred to us and stored by us. During the registration process, we collect the following personal data:

  • Name
  • Postal address (including invoice address), if required
  • Phone number, if required
  • Email address
  • Profile picture, if required
  • Information regarding social network accounts
  • Location and travel information and preferences such as your favourite holiday destination, dates and number of people/children travelling with you
  • Communication via our messaging system, if required
  • Driving licence, official ID card or passport, if required
  • Bank details (payments to the host), if required
  • IP address and derived localisation data (country/city of origin)
  • Date and time of your visit to our website
2. Legal basis for data processing

Points (a) of Article 6(1) and (b) Article 6(1) GDPR are the legal basis for the processing of data.

3. Purpose of data processing

User registration is required to make certain content and services available on our website.

In addition, you can create a personal user account on our website. This allows you to save your personal settings, to post a listing or make a booking.

Wimdu requires your email address, a freely chosen password, a form of address, first name and surname, address, date of birth and payment details to set up an account. The given email address serves as access identification for your user account. After successful registration, you will automatically receive a confirmation email. You can update your personal data in the settings of your user account at any time.

4. Period of storage

The data shall be erased as soon as they are no longer required to achieve the purpose of their collection.

This is the case for data collected during the registration process if the registration on our website is cancelled or modified.

In addition, this is the case if the data are no longer required for the performance of the mediation contract.

5. Possibility of objection and erasure

As a user you have the possibility to cancel your registration at any time. You may have all stored data concerning yourself modified at any time.

For the cancellation of your user account, please send your request to our Customer Support Team. You may contact Wimdu via our contact form or via email to datenschutz@wimdu.com. An employee of our support team will then cancel your account.

If the data are required for the performance of a contract or in order to take steps prior to entering into a contract, premature erasure is only possible if the erasure does not conflict with contractual or statutory obligations.

5. Use of cookies

1. Description and scope of data processing

Wimdu uses cookies on the website. Cookies are small text files that are stored in the cache of your browser to enable later recognition.

We use ‘persistent’ cookies. They remain on the user's computer to simplify personalisation and registration services the next time our site is visited. Cookies can, for example, store what the user has selected. The user can manually remove the cookies at any time.

We also use ‘session’ cookies. These do not remain on the user’s computer. Once the user leaves the site, these temporary cookies are deleted.

We use cookies to make our site easier to use. By collecting the information, we can analyse the usage patterns and structures of the site. In this way we can continuously improve our services, for example, the content, personalisation and simplicity of the site.

The following data are stored and transmitted through cookies:

  • Language settings
  • Currency settings
  • Login information
2. Legal basis for data processing

Point (f) of Article 6(1) GDPR is the legal basis for the processing of personal data using technically required cookies.

3. Purpose of data processing

Technically required cookies are used for the purpose of making the site easier to use. Without the use of cookies, some features on our website cannot be offered. For these, the browser needs to be recognised also after switching to another site.

We require cookies for the following applications:

  • Storing language and currency settings
  • Remembering search terms

User data collected through technically required cookies are not used to create user profiles.

The purpose of using analysis cookies is to help improve the quality and content of our website. Analysis cookies show us how the website is used and help us to continuously optimise our offers.

4. Period of Storage, possibility of objection and erasure

Cookies are stored on the user’s computer and transmitted from there to our site. As a user, you thus have full control over the use of cookies. By changing the settings in your browser, you can deactivate or restrict the transmission of cookies. Cookies already stored can be erased at any time. This can also be done automatically. Deactivating cookies for our website may result in not being able to make full use of all the features on our website anymore. Moreover, this can lead to restrictions in the usability of our website. To opt out of third-party providers’ interest-based advertising, simply check the box that corresponds to the respective company on www.youronlinechoices.com.

6. Web analytics and tracking

By means of so-called ‘tracking tools’ used on the website, data are collected and stored for marketing and optimisation purposes. The user can object to future data collection and storage at any time.

1. Scope of personal data processing

On our website we use the following web analytics and tracking tools:

  • Google Analytics
  • Google Adwords
  • Webtrekk
  • New Relic
  • Hotjar
2. Legal basis for personal data processing

Point (f) of Article 6(1) GDPR is the legal basis for the processing of personal user data.

3. Purpose of data processing

The processing of personal user data allows us to analyse the browsing behaviour of our users. The evaluation of collected data enables us to gather information on the use of each individual component of our website. This helps us to continuously improve our website and make it easier to use. For this purpose, we have a legitimate interest in processing the data pursuant to point (f) of Article 6(1) GDPR. By anonymising the IP address, the users’ interest of personal data protection is sufficiently complied with. In detail, we use the web analytics and tracking tools as follows:

Google Analytics

Our website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies. The information generated by the cookie concerning your use of the website is usually transmitted to and stored by Google on servers in the United States. In case of activation of the IP anonymization on this website, Google will truncate your IP address for member states of the European Union as well as for other parties of the Agreement on the European Economic Area.

Only in exceptional cases is the full IP address sent to and shortened by a Google server in the United States. On behalf of Wimdu, Google will use this information to evaluate your use of our website, for compiling reports on website activity and providing other services relating to website activity and internet usage to Wimdu. The IP address, transmitted by your browser through Google Analytics, will not be merged with any other data stored by Google.

You can prevent Google’s collection of data generated by cookies relating to your use of the website (including your IP address) and the processing of these data by Google by downloading and installing the browser plug-in available under https://tools.google.com/dlpage/gaoptout?hl=en-GB..

Google AdWords

We also use the online advertising programme Google AdWords and conversion tracking, which is part of Google AdWords. Google Conversion Tracking is an analytics service provided by Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; “Google”). When you click on an advert displayed by Google, a cookie for conversion tracking is stored on your computer. These cookies expire after 30 days, do not contain any personal data and are therefore not used for personal identification.

If you visit certain pages of our website and the cookie has not yet expired, we and Google will be able to see that you clicked on the advert and were brought to this page. Every Google AdWords customer receives a different cookie. This ensures that cookies cannot be tracked on the websites of AdWords customers.

The information collected by means of the conversion cookie is used to compile conversion statistics for AdWords customers who have opted for conversion tracking. These statistics show the customer the total number of users who have clicked on their advert, and which of those customers were redirected to a page equipped with a conversion tracking tag. However, they do not contain any information that can be used to personally identify users.

Webtrekk

For the statistical evaluation of our websites, we use technology from Webtrekk GmbH, Boxhagener Str. 76-78, 10245 Berlin (www.webtrekk.de). We use Webtrekk services to collect data on the use of our website. This data is used to permanently improve and optimise our offers thus making them more interesting for you.

When using our website, information transmitted by your browser is collected and analysed. This is accomplished by cookie technology and the so-called pixels which are included on each web page. The following data is collected in this context: request (file name of the requested file), browser type/version, browser language, operating system used, internal resolution of the browser window, screen resolution, JavaScript enabling, Java on/off, cookies on/off, colour depth, referrer URL, IP address (collected anonymously and deleted immediately after use), time of access, clicks, anonymised form content (for example, if a phone number has been specified or not).

A direct personal reference is excluded at all times. The data thus collected is used to generate anonymous usage profiles, which form the basis for web statistics. The data collected using Webtrekk technology is not used to identify website visitors personally, without their specific consent, and is not merged with the personal data of the bearer of the pseudonym.

New Relic

We use the plugin New Relic, which enables us to statistically analyse the speed of the web page. This service is operated by New Relic, Inc., 188 Spear Street, Suite 1200 San Francisco, CA 94105, USA (“New Relic”).

When a user visits a web page which contains such a plugin, their browser builds a direct connection to the servers of New Relic. Therefore, the provider has no influence on the scope of data collected by New Relic and informs the user according to its current information.

By integrating the plugin, New Relic receives the information that a user has accessed the corresponding page of the offer. If the user is logged in at New Relic, New Relic may assign their visit to their account at New Relic. If a user is not a member of New Relic, there is still the possibility that New Relic will detect and save their IP address.

The purpose and scope of data collection and the further processing and use of data by New Relic, as well as the corresponding rights and settings to protect the privacy of users, can be found in New Relic’s privacy policy under: https://newrelic.com/privacy.

Hotjar

We use the software Hotjar to improve user experience on our web pages. Hotjar helps us to measure and evaluate the user’s behaviour (mouse movements, clicks, scroll height, etc.) on our web pages. For this purpose, Hotjar uses cookies on the user’s devices and it can store user data such as browser information, operating system, time spent on the website, etc.

4. Period of storage

The data shall be erased as soon as they are no longer required for our tracking purposes.

5. Possibility of objection and erasure

Cookies are stored on the user’s computer and transmitted from there to our site. As a user you thus have full control over the use of cookies. By changing the settings in your browser you can deactivate or restrict cookie transmission. Cookies already stored can be erased at any time. This can also be done automatically. Deactivating cookies for our website may result in not being able to make full use of all the features on our website anymore.

Google Analytics:

You can prevent Google’s collection of data generated by cookies relating to your use of the website (including your IP address) and the processing of these data by Google by downloading and installing the browser plug-in available under https://tools.google.com/dlpage/gaoptout?hl=en-GB. Furthermore, you have the possibility to deactivate Google’s collection of website usage data. To do so, please click the following link. By providing confirmation via this link, an opt-out cookie is set on your data carrier. Please note that, when deleting all cookies on your computer, this opt-out cookie is also deleted. If you want to continue to object anonymised data collection by Google, you must set the opt-out cookie again. The opt-out cookie is set per browser and computer. If you visit our web pages from different devices or using different browsers, you must enable the opt-out cookie on each of the different browsers or computers.

Google Adwords:

If you do not want to participate in tracking, you can object to this usage by preventing the installation of cookies by selecting the appropriate setting in your browser software (deactivation option). By doing so, you will not be included in the conversion tracking statistics. For additional information and Google’s privacy policy, please visit http://www.google.com/policies/technologies/ads/, http://www.google.com/policies/privacy/.

Webtrekk:

The collection and storage of data by Webtrekk can be objected to at any time with future effect. To do so, please click the following link. By providing confirmation via this link, a so-called opt-out cookie is set on your data carrier. The validity period of this cookie is 5 years. Please note that, when deleting all cookies on your computer, this opt-out-cookie is also deleted. If you want to continue to object anonymised data collection by Webtrekk, you must set the opt-out cookie again. The opt-out cookie is set per browser and computer. If you visit our web pages from different devices or using different browsers, you must enable the opt-out cookie on each of the different browsers or computers.

New Relic:

If a user is a member of New Relic and does not want New Relic to collect data about them through this offer and associate them with their membership data saved at New Relic, the user must log out of New Relic before visiting the website.

Hotjar:

For more information about data processing by Hotjar, please click here: https://www.hotjar.com/privacy.

7. Re-targeting

1. Scope of personal data processing

Our website uses so called re-targeting technology. We use the following technologies:

  • Goolge Analytics
  • Criteo GmbH
  • Web beacons/pixels
2. Legal basis for personal data processing

Point (f) of Article 6(1) GDPR is the legal basis for the processing of personal user data.

3. Purpose of data processing

We use these technologies to make our internet offers more appealing to you. This technology allows us to address internet users who are already interested in our offers via advertising on the websites of our partners. For this purpose, we have a legitimate interest in processing the data pursuant to point (f) of Article 6(1) GDPR. The anonymisation of the IP address sufficiently takes into account the interest of users in their protection of personal data. In detail, we use the technologies as follows:

Criteo GmbH

We use tracking technology from Criteo GmbH on our website. This technology allows us to address internet users who have visited our website via targeted product recommendations in the form of advertising banners on the websites of our partners. Such advertising banners are displayed on our partners’ sites based on cookies and an analysis of your previous user behaviour. This analysis is conducted anonymously; no usage profiles are merged with your real name.

Web beacons/pixels

We may also use pixels. A pixel is a tiny graphic that is only one pixel in size and is sent to your computer either via a web page request or in an HTML email format. These pixels are used either directly or by third parties as a part of online advertising on our website or third-party websites. This enables us to learn whether a customer viewing the advertisement actually makes a booking. In addition, this makes it possible to track conversion through partner websites and to analyse the traffic patterns of users on the website in order to optimise our offers for you.

4. Period of storage

The data shall be erased as soon as they are no longer required for our tracking purposes.

5. Possibility of objection and erasure

By changing the settings in your internet browser you can deactivate or restrict cookie transmission. This can also be done automatically. Deactivating cookies for our website may result in not being able to make full use of all the features on our website anymore.

Criteo GmbH

You may object to the collection of data by Criteo GmbH at any time under the following link: https://criteo.com/privacy.

8. Social plugins (Facebook Connect, Google Sign-In)

1. Scope of personal data processing

Facebook Connect is a service provided by Facebook, Inc. The use of Facebook Connect is subject to the privacy policy and terms of use of Facebook.

Google Sign-In is a service provided by Google LLC. The use of Google Sign-In is subject to the privacy policy and terms of use of Google.

When using Facebook Connect, data available to the public and data from your Facebook profile published on Facebook are transmitted to our website. When using Google Sign-In, data available to the public and data from your Google profile are transmitted to our website. Conversely, data from our website or the Wimdu app can also be transmitted to your Facebook or Google profile.

2. Legal basis for the processing of personal data

Point (a) of Article 6(1) GDPR is the legal basis for the processing of personal user data.

3. Purpose of data processing

Your transmitted data is stored and processed by Wimdu for the purpose of registration on our platform. By registering on our platform via Facebook Connect or Google Sign-In, you agree to the transfer of data from your Facebook or Google profile to Wimdu, and the transfer of data from Wimdu to Facebook or Google.

4. Period of storage

The data shall be erased as soon as they are no longer required for our tracking purposes. The data are thus stored for as long as the user needs the data for registration / login.

5. Possibility of objection and erasure

The user can terminate the user account at any time.

9. Contact form

1. Description and scope of data processing

You can contact Wimdu directly using the contact form provided in the imprint. If a user makes use of this option, the data entered into the input mask will be transferred to us and stored by us. This relates to the following data:

  • Email address
  • Phone number, if required
  • Offer number, if required
  • Entered text/request
  • Added attachments

At the time the message is sent, the following data are also stored:

  • IP address of the user
  • Date and time of registration

For the processing of data, your consent will be obtained during the sending process and reference is made to this privacy policy.

Alternatively, you can also contact us under the following email address: contact@wimdu.com. In this case, the personal user data transferred through the email are stored.

In this context, no data is disclosed to third parties. The data will be used strictly for the purpose of processing the conversation.

2. Legal basis for data processing

Point (a) of Article 6(1) GDPR is the legal basis for the processing of data, provided that the user has given consent.

Point (f) of Article 6(1) GDPR is the legal basis for the processing of data transferred when sending an email. If the email contact is aimed at concluding a contract, point (b) of Article 6(1) GDPR is an additional legal basis for the processing.

3. Purpose of data processing

Wimdu collects, processes and uses information provided by you via the contact form only for the purpose of processing your request. If contact was established via email, a legitimate interest to process data is given for this purpose.

Other personal data processed during the sending process are used to prevent misuse of the contact form and to ensure the security of our information technology systems.

4. Period of storage

The data shall be erased as soon as they are no longer required to achieve the purpose of their collection. For personal data from the input mask of the contact form and for personal data transferred via email this is the case as soon as the respective conversation with the user is finished. The conversation is finished when it can be inferred from the circumstances that the issue concerned was resolved.

The personal data additionally collected during the sending process shall be erased after a period of 60 days at the latest.

5. Possibility of objection and erasure

The user can at any time revoke their consent to the processing of personal data. If a user contacts us via email, they can at any time object to the storage of their personal data. In this case, the conversation cannot be continued.

The user may revoke their consent to the processing of personal data and object to the storage of personal data at any time with effect for the future free of charge under datenschutz@wimdu.com or by written notice to Wimdu GmbH, attn. Data Protection Officer, Voltastraße 5, 13355 Berlin.

All personal data stored in connection with contacting shall be erased in this case.

10. Newsletter

1. Description and scope of data processing

It is possible to subscribe to a free newsletter on our website. When registering for the newsletter, the data from the input mask is transferred to us.

In connection with the processing of data for sending newsletters, no data is disclosed to third parties. The data will be used strictly for the purpose of sending the newsletter.

2. Legal basis for data processing

Point (a) of Article 6(1) GDPR is the legal basis for the processing of data after the user has registered for the newsletter, provided that the user has given consent.

3. Purpose of data processing

Wimdu uses the email address used to create your user account to send you information about general promotions and offers from Wimdu via email, provided that you have agreed to receive the newsletter. Wimdu may personalise the newsletter content in a way that it contains information Wimdu considers to be of particular interest to you. For such a personalisation of information, Wimdu considers your booking history, i.e. past bookings and offers previously viewed on the website.

4. Period of storage

The data shall be erased as soon as they are no longer required to achieve the purpose of their collection. The user’s email address will be stored for as long as the subscription to the newsletter is active.

5. Possibility of objection and erasure

You can manage your settings for the Wimdu newsletter within your user account. You can also opt-out of receiving the newsletter in your user account or by using the contact form. Additionally, a link to unsubscribe is included in every newsletter.

11. Rights of the data subject

If personal data relating to you are processed, you are referred to as data subject as laid down in the GDPR and you shall be entitled to the following rights against the controller:

    1. Right of access

    You have the right to free information about your saved personal data.

    You have the right to obtain from the controller confirmation as to whether or not personal data concerning you are being processed by us.

    If that is the case, you can request access to the following information from the controller:

    1. the purposes for which the personal data are processed;
    2. the categories of personal data concerned;
    3. the recipients or categories of recipients to whom personal data concerning you have been or will be disclosed;
    4. the envisaged period for which personal data concerning you will be stored, or, if no concrete data are available, the criteria used to determine that period;
    5. the existence of the right to request from the controller rectification or erasure of personal data concerning you, a right to the restriction of processing of personal data by the controller or a right to object to such processing;
    6. the right to lodge a complaint with a supervisory authority;
    7. any available information regarding the source of the data, where the personal data are not collected from the data subject;
    8. the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

    You have the right to request information as to whether personal data concerning you are transferred to a third country or to an international organisation. In this context, you have the right to be informed of the appropriate safeguards pursuant to Article 46 GDPR relating to the transfer.

    2. Right to rectification

    We take reasonable steps to ensure that saved personal data are accurate. It is your responsibility to ensure that the information transferred to us is accurate, complete and free from errors, and to inform us in due time of any changes to the information provided.

    You have the right to obtain from the controller the rectification and/or completion of inaccurate or incomplete personal data concerning you. Rectification shall be effected by the controller without undue delay.

    3. Right to restriction of processing

    You have the right to obtain restriction of processing personal data concerning you under the following conditions:

    1. if you contest the accuracy of personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;
    2. if the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;
    3. If the controller no longer needs the personal data for the purposes of the processing, but you require them for the establishment, exercise or defence of legal claims, or
    4. if you objected to processing pursuant to Article 21(1) GDPR pending the verification whether the legitimate grounds of the controller override yours.

    Where the processing of personal data concerning you have been restricted, such personal data shall, with the exception of storage, only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.

    If the processing was restricted pursuant to the above mentioned conditions, you shall be informed by the controller before the restriction of processing is lifted.

    4. Right to erasure

    Under certain conditions you can request the erasure of personal data saved by us. This does not include data which need to be stored by Wimdu for reasons of public interest.

    a) Obligation to erase

    You have the right to obtain from the controller the erasure of personal data concerning you without undue delay and the controller shall have the obligation to erase such data without undue delay where one of the following grounds applies:

    1. The personal data concerning you are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
    2. You withdraw consent on which the processing was based according to point (a) of Article 6(1) or point (a) of Article 9(2) GDPR, and there is no other legal ground for the processing.
    3. You object to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21(2) GDPR.
    4. The personal data concerning you have been unlawfully processed.
    5. It is necessary to erase the personal data concerning you for compliance with a legal obligation in Union or Member State law to which the controller is subject.
    6. The personal data concerning you have been collected in relation to the offer of information society services referred to in Article 8(1) GDPR.
    b) Information to third parties

    Where the controller has made the personal data concerning you public and is obliged pursuant to Article 17(1) GDPR to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that you, as the data subject, have requested the erasure by such controllers of any links to, or copy or replication of, those personal data.

    c) Exceptions

    The right to erasure shall not apply to the extent that processing is necessary:

    1. for exercising the right of freedom of expression and information;
    2. for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
    3. for reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9(2) as well as Article 9(3) GDPR;
    4. for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) GDPR in so far as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing, or
    5. for the establishment, exercise or defence of legal claims.
    5. Right to information

    If you exercised the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to communicate any rectification or erasure of personal data or restriction of processing to each recipient to whom the personal data concerning you have been disclosed, unless this proves impossible or involves disproportionate effort.

    You have the right to be informed by the controller about those recipients.

    6. Right to data portability

    You have the right to receive the personal data concerning you, which you have provided to a controller, in a structured, commonly used and machine-readable format. Furthermore, you have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:

    1. the processing is based on consent pursuant to point (a) of Article 6(1) GDPR or point (a) of Article 9(2) GDPR or on a contract pursuant to point (b) of Article 6(1) GDPR; and
    2. the processing is carried out by automated means.

    In exercising this right, you also have the right to have the personal data concerning you transmitted directly from one controller to another, where technically feasible. This shall not adversely affect the rights and freedoms of others.

    The right to data portability shall not apply to processing personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

    7. Right to object

    You have the right to object, on grounds relating to your particular situation, at any time to the processing of personal data concerning you which is based on point (e) or (f) of Article 6(1) GDPR, including profiling based on those provisions.

    The controller shall no longer process the personal data concerning you unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.

    Where personal data concerning you are processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing.

    Where you object to processing for direct marketing purposes, the personal data concerning you shall no longer be processed for such purposes.

    In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.

    8. Revocation of consent

    You may revoke your consent to the collection, processing and use of data at any time with effect for the future free of charge under datenschutz@wimdu.com or via written notice to Wimdu GmbH, attn. Data Protection Officer, Voltastraße 5, 13355 Berlin. The lawfulness of processing based on consent before its withdrawal shall not be affected by the withdrawal of consent.

    9. Automated individual decision-making, including profiling

    You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This shall not apply if the decision:

    1. is necessary for entering into, or the performance of, a contract between yourself and a data controller;
    2. is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests, or
    3. is based on your explicit consent.

    However, such decisions shall not be based on special categories of personal data referred to in Article 9(1) GDPR, unless point (a) or (g) of Article 9(2) GDPR applies and suitable measures to safeguard your rights and freedoms and legitimate interests are in place.

    In the cases referred to in points (1) and (3), the data controller shall implement suitable measures to safeguard your rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express your point of view and to contest the decision.

    10. Right to lodge a complaint with a supervisory authority

    Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to yourself infringes the GDPR.

    The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Article 78 GDPR.

For further questions on our privacy policy and the processing of personal data, please contact us under datenschutz@wimdu.com. You may also reach us using the contact details provided in the imprint.