Terms

Vacation Renatl Manager (VRM) Cancellation Policy

We have a moderate Cancellation Policy which means cancellations are accepted up to 30 days before check in for a full refund.

All reservations require a $500 damage deposit due at booking. This deposit will be for any and all damages or incurred expenses related to deep cleaning, etc as applicable. The deposit will be refunded on or before 7 days after checkout.

Cancellations & Changes. A fee in the amount of all payments received applies to all cancellations, for non-payment, & for not occupying the Property, unless canceled at least 30 days prior to reservation period, in which case a $500 fee applies. Changes, when available, require a $250 fee, plus any rate & fees increase. Reservations are canceled without refund if Guest provides false information when reserving. There are no refunds for unused days, unmet expectations, problems with the property (unless rendered useless), bad weather, natural disasters, or personal or other reasons. Rescheduling will be permitted, but not refunds, when required by law, due to a mandatory evacuation of the property or legally defined impracticality, impossibility, or frustration of purpose, provided the reservation is rescheduled before the original rental period, payment is made for any rate & fee increase, & the new arrival date is within 1 yr. VRM reserves the right to cancel reservations & refuse service to anyone, to the extent permitted by law.

NOTICE. Smart home technology is used to ensure policy compliance by Guest & may include the following remotely monitored devices: Thermostats, door locks, pool/spa heater controls, decibel meter, & video surveillance including front door & pool area. Initials .

OCCUPANCY. Maximum occupancy per the House Rules applies 24/7. (Contracting) Guests must be at least age 25 (or active military) & an occupant of the Property.

MAXIMUM OCCUPANCY: Maximum occupancy for this property shall not exceed stated number of persons at any time. If TENANT exceeds the maximum occupancy, TENANT(S) and any and all of their guests are subject to immediate removal and forfeiture of their security deposit and rental payment. Any day visitors must be approved prior to arrival.

SMOKING: This is a NON-SMOKING property. No smoking is allowed inside of the Property whatsoever. Smoking is also prohibited on the Property’s porches and balconies.

ADDITIONAL CHARGES AND FORFEITURES. Guests are not entitled to a partial or full refund if removed from the Property for a violation of the Agreement. Guest will be charged what is agreed to be nonpunitive amounts as follows:

$500 for each unauthorized animal or each 4 hours or portion thereof of late checkout.

$150/person/day or portion thereof if unauthorized or over occupancy limit.

The invoiced amount plus $100 (or $100/hr. or portion thereof for staff hours) for odor removal due to smoke or otherwise, fines/citations/penalties, replacement of missing/moved items, damages not covered damage waiver, stains, bed bug treatment, technical support, long distance phone calls, pay-per-view purchases, tampering with equipment (pool [a crime], pool alarm, air conditioning, smoke/fire detectors & extinguishers), failure to return keys/passes/fobs, failure to keep pool gates & doors secured, extra cleaning (including due to illness), and similar acts & omissions.

GRIEVANCE POLICY. Please contact VRM immediately with any concerns. We guarantee we’ll do all we can within policy & reason to accommodate you. Claims are waived unless promptly reported & a reasonable time to cure provided.

POOL HEAT. Pool Heat. Pools take up to 48 hours to heat & may not reach desired temperature. Spa heat is not sold separately. There are no refunds for dissatisfaction with pool heat.

ANIMALS. Pet Policy. Pets are strictly prohibited unless specifically specified in the listing, in which case there is a $150 pet fee per pet. Emotional Support Animals (ESA’s). ESA’s require a written request at time of reservation & official documentation (from a doctor or the government) of a diagnosed disability, unless readily apparent. Service Animals. Service Animals, defined by §413.08, Fla. Stat. (2022), incl. Animals in training require a written request at time of reservation. No documentation is required but a person who knowingly misrepresents him/herself as being qualified to use an ESA or service animal commits a 2nd degree misdemeanor, punishable pursuant to 775.082-083, Fla. Stat. (2022). Removal. VRM can remove any animal for inappropriate behavior.

NOISE. The Property is in a residential area. Code compliance is required. Quiet Hours are 10 PM- 8 AM.

HEALTH AND SAFETY CONCERNS. Lead & Radon. There are no known lead or radon hazards. Wildlife. Florida wildlife can be dangerous. Be cautious. Bed Bugs. The Property was inspected, no bed bugs were present, & bed bugs were not reported by the previous Guest. Therefore, any bed bugs are presumed to be from Guest, absent clear & convincing proof otherwise. If found, guests must vacate the property immediately without refund & pay for bed bug treatment. Allergens and Aggravants. Properties are cleaned according to professional standards. Guests assume responsibility to remediate any symptoms resulting from allergies or aggravants, including mild mold problems. Smoking and Vaping. Smoking & vaping are prohibited on Property, incl. outside.

NOTICE. Notice to VRM is proper only if emailed to [email protected] and to Guest’s email address of record.

PROPERTY ACCESS AND USE. Supplies. Only basic supplies are provided. Air Conditioning. Setting air conditioning below 70° or heat above 78°, changing fan from Auto, or leaving doors, windows, or blinds open is prohibited. Access by VRM. VRM may enter the Property as reasonably necessary to inspect & service and for real estate purposes. Reasonable notice is provided, absent urgency. Social Functions. Parties, groups, gatherings, events, etc. are prohibited & a violation will result in removal of all persons by law enforcement & cancellation without refund. Maintenance. Responses are made as VRM reasonably deems appropriate. Absent gross negligence by VRM, faulty equipment, appliances, cable, internet & phone services; temporarily interrupted utility service, bugs, noise, construction, a warm refrigerator, wear & tear, a cold pool, inclement weather, a need for spot cleaning, and other similar immaterial problems are not material breach. Service charges resulting from false reports & Guest-caused problems are charged to Guest. Default Status of Persons. Guest agrees to not take any action to establish non-transient status & waives defenses to all persons on Property having transient status pursuant to § 82.045 Fla. Stat. (2017). Grounds for Removal. Guest agrees VRM has the right to remove any persons in violation of § 509.141 Fla. Stat. (2017) or otherwise in breach of this agreement, and that Guest will receive no refund and waives any statutory or other right to a refund.

PARTY RESPONSIBILITY. Risk of Loss. Each party is responsible for loss, damage, or injury caused by his/her/its own negligence or willful conduct, & concerning Guest, caused by Guest’s licensees & invitees. Insurance. Each party must carry appropriate insurance. Lost or Stolen Property. VRM is not responsible for lost or stolen property. An item left at Property is deemed abandoned if an attempt to return it for a reasonable fee fails. Remedies. The maximum remedy for failure to provide reserved accommodations is a prorated refund. There are no free upgrades due to unavailable accommodations. As Is Condition. The property is rented “as is.” VRM warrants only that the property satisfies legal & express contractual requirements, notwithstanding any pictures & representations otherwise, which were provided in good faith but may not reflect wear & tear and minor cleaning issues. Guest waives any claim the Property was not as described.

LEGAL TERMS. Entirety. This is the entire agreement, unless provided otherwise herein, superseding all related previous negotiations, agreements, & UCC implied terms. Headings. Headings are solely for convenience. Interpretation. This agreement will not be construed in favor of the non-drafting party. Modification. Only Vincent Battaglia has authority to modify this Agreement, and only in writing. Assignment. Attempted assignment, delegation, or sublease by Guest is invalid. Severability. If any provision of the Agreement is invalid or unenforceable, it will be construed as will permit enforcement; otherwise, the Agreement shall be construed as if that provision never existed. Warranties. No warranties exist unless expressly stated herein. Discretion. VRM has sole discretion concerning determination of breach or remedy, subject to good faith & adherence to usual & customary practices in the vacation home market. Reliance. Guest acknowledges that he/she/it has not relied upon any representations or understandings & waives any related rights & claims. Performance. VRM is excused from performance when made impracticable by the occurrence of a contingency, the non-occurrence of which was a basic assumption on which the Agreement was made. Waiver. No breach of this Agreement will be waived without express written consent of the nonbreaching party. Indemnification, etc. Guest shall defend, hold harmless, & indemnify VRM, & its affiliates, respective officers, directors, agents, & employees from any 3rd party claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees & costs, arising out of, or relating to the Agreement, incl. for pre & non-litigation legal fees, & claims by Guest’s invitees & licensees. Remedies. The maximum remedy for breach or other actions connected to the Agreement, unless expressly provided otherwise herein, is actual direct financial losses, & as governed herein, reasonable attorney’s fees & costs, which is agreed to be an adequate remedy. Regardless of the failure of the exclusive remedy, VRM is not liable for consequential & incidental damages. Liquidated Damages. The parties agree liquidated damages herein constitute non-punitive & difficult to forecast damages. Arbitration. The parties agree to settle any disputes over $15,000 by binding arbitration. AAA rules apply unless in conflict with terms herein Forum. The 11th Jud. Cir. of FL shall be the exclusive forum for any litigated claims related to this agreement. Choice of Law. Claims are governed by the laws of FL, to the exclusion of conflicting laws, principles, & theories. Jury & Class Action. The parties waive rights to jury trials & class action suits. Attorney’s Fees. VRM is entitled to reasonable attorney’s fees & costs from Guest for defending chargeback demands, negative reviews & social media, BBB claims, administrative or other complaints, arbitration, & litigation arising out of this agreement or otherwise. 3rd Party Beneficiaries. No 3rd party has beneficiary rights from the Agreement. Data Usage. Guest consent to use by VRM of its data, subject to law. Confidentiality. Guests agree to not communicate with code or law enforcement regarding their accommodations. Counterparts. This Agreement may be signed in counterparts.

Host and Keep LLC (hereafter referred to as “Host and Keep”, “we”, “us”, “us”, or “our”) provides services that connect homeowners or authorized representatives who have Units or Properties to rent with Guests or Tenants seeking to rent or lease such Units or Properties, as well as certain rental management services for the Guest and Owner (collectively, the “Services”).

PLEASE REVIEW THESE TERMS CAREFULLY. By registering an account, accessing, using or entering into an agreement with Host and Keep for use of the Services, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”). These Terms govern your access to and use of the Services and constitute a binding legal agreement between you and Host and Keep. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.

You represent and warrant that you: (a) are at least 21 years old; (b) have the right, authority, and capacity to agree to and abide by these Terms; and (c) are not a person barred from using the Services under the laws of any applicable jurisdiction.

Key Definitions used in these Terms

“Content” means all content (including text, graphics, images, music, software, audio, video, information or other materials) provided by Users, Host and Keep or licensed third parties which is uploaded to or otherwise made available through the Services.

“Guest” means a User who requests a booking of a Unit or stays at a Unit (and is not the Owner for such Unit).

“Guest Agreement” is an applicable agreement for Host and Keep to provide Services relating to a booking of a Unit by a Guest.

“Owner” means a User who creates a Listing via the Services or owns or controls the Unit.

“Landlord” means a User who creates a Listing via the Services or owns or controls the Property and offers it for long term rentals via a Lease. In a case where a Landlord and Tenant have executed a Lease, then the term Landlord and Unit can be used interchangeably as used in the Terms.

“Listing” means a posting by an Owner that lists a Unit as available for rental via the Services.

“Lease” is a residential property lease agreement between a Landlord and Tennant. In a case where a Lease will apply to the rental of a Property, then any request by a prospective tenant for a lease can be used interchangeably with a request for a booking in the Terms.

“Owner Agreement” is an applicable agreement for Host and Keep to provide Services to an Owner.

“Privacy Policy” means Host and Keep’s Privacy Policy which describes Host and Keep’s collection and use of your personal information.

“Property” means a residential or other real property that is made available or leased by a Tenant via the Services.

“Unit” means a residential or other real property that is made available or booked by a Guest via the Services. In a case where a Landlord and Tenant have executed a Lease, then the term Unit and Property can be used interchangeably as used in the Terms.

“User” means a person who uses the Services.

“User Content” means all Content that a User posts, uploads, publishes, submits or transmits to or through the Services.

“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT) and other indirect sales taxes, goods and services taxes (GST), occupancy tax, tourist and other visitor taxes or income, and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes.

“Tenant” means a User who requests a lease of a Property or stays at a Property (and is not the landlord for such Property). In a case where a Landlord and Tenant have executed a Lease, then the term Tenant and Guest can be used interchangeably as used in the Terms.

Disclaimer of Liability Related to Units

Host and Keep is not an owner of the Units. You understand and agree that Host and Keep is not a real estate broker, agent or insurer. Host and Keep enters into agreements with Guests, Owners, and third party service providers to provide the Services, but they are not agents or employees of Host and Keep, and Host and Keep has no direct control over the conduct of such third parties. Accordingly, Host and Keep is not responsible for any liability related to any Services or Units where the Owner, Guest or third party service providers have violated any terms of their respective agreements with Host and Keep. By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of Users or third parties will be limited to a claim against the particular Users or other third parties who caused the harm and you agree not to attempt to impose liability on, or seek any legal remedy from Host and Keep with respect to actions or omissions of such third parties. This limitation shall not apply to any claim by a Owner against Host and Keep regarding the remittance of payments received from a Guest by Host and Keep on behalf of a Owner, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.

Service Fees

Host and Keep collects service fees from Owners and Guests in consideration for the Services. Where applicable, Taxes may also be charged in addition to the Service fees, which Host and Keep will remit to the local taxing authority for the Unit. If you are Owner, you are solely liable and responsible for determining your obligations to report, collect and remit Taxes associated with providing the Units. Balances will be remitted by Host and Keep to Owners via the payment methods described in the Services. For certain specific Services (such as cleaning), Host and Keep will collect service fees from Guests and remit balances due to the local service providers for such services directly. Please note that for any payments by Host and Keep in currencies other than U.S. dollars, Host and Keep may deduct foreign currency processing costs from such payments. Except as otherwise provided herein, Service fees are non-refundable.

Bookings and Financial Terms for Guests

When you, as a Guest, choose to enter into a transaction for the booking of a Unit, you agree and understand that you agree to any terms, conditions, rules and restrictions associated with such Unit imposed by the Owner and Host and Keep which are disclosed at the time of booking. You agree to pay Host and Keep for the total fees for any booking. In order to establish a booking, you understand and agree that Host and Keep reserves the right, in its sole discretion, to obtain: (i) a verification of your credit card; or (ii) pre-authorization via your credit card for the total fees. Host and Keep will collect the total fees in accordance with the terms and conditions of these Terms and the pricing terms set forth in the applicable Listing and booking terms. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by Host and Keep or indirectly, via a third party online payment processor or by one of the payment methods described on the Services. You also authorize Host and Keep to charge your credit card in the event of damage caused at a Unit

User Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules and governmental regulations that may apply to your use of the Services. In connection with your use of our Services, you will not (and will not advocate, encourage, or assist any third party to):

use, reproduce, modify, adapt, create derivative works from, sublicense, publicly perform, publicly display, distribute, sell, lease, rent, make, have made, assign, pledge, transfer or otherwise grant rights to the Services or any Application, except as expressly permitted under these Terms;

violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;

use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Content;

use the Services for any commercial or other purposes that are not expressly permitted by these Terms;

infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;

offer, as a Owner, any Units that you do not yourself own or have permission to rent as a residential or other property;

impersonate any person or entity, including Host and Keep personnel, or falsely state or otherwise misrepresent your affiliation with Host and Keep, or any other entity or person;

offer, as a Owner, any Unit that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, a property rental agreement;

Privacy

All Users must respect the rights and privacy of all other Users. Owners will disclose, in the applicable Listing, all devices and other items, including smart phones, that are located in or around the Units and that may be used to monitor, record, or survey Guests, whether or not such devices are enabled to actively monitor, record or survey. Likewise, Guests may not leave any such devices or items in or around the Units to monitor, record, or survey the Owner or other Guests. At no time may any User monitor, record, or survey any person, in sensitive areas, such as bathrooms and bedrooms, where total privacy is reasonably expected. Any violation of these restrictions may result in the violator being banned from the Services and reported to the appropriate authorities, in accordance with applicable law.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES, YOUR LISTING OR BOOKING OF ANY UNITS VIA THE SERVICES REMAINS WITH YOU. NEITHER Host and Keep NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, OR CONTENT WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOST PROFITS, LOSS OF DATA, USE, OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Host and Keep HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE OWNERS PURSUANT TO THESE TERMS, IN NO EVENT WILL Host and Keep’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SERVICES EXCEED THE GREATER OF THE AMOUNTS YOU HAVE PAID TO Host and Keep OR HAVE BEEN PAID BY Host and Keep IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT(S) GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE AGREED ALLOCATIONS OF RISK AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. INSOFAR AS APPLICABLE LAW PROHIBITS ANY LIMITATION ON LIABILITY HEREIN, THE PARTIES AGREE THAT SUCH LIMITATION WILL BE AUTOMATICALLY MODIFIED, BUT ONLY TO THE EXTENT SO AS TO MAKE THE LIMITATION COMPLIANT WITH APPLICABLE LAW.

Release of Liability & Indemnification

You agree to release, defend, indemnify, and hold Host and Keep and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, actions, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Application or Services, including the Site and Content, or your violation of these Terms (including any Additional Terms); (ii) your User Content; (iii) your interaction with any other User, (iv) your booking of a Unit, (v) your creation of a Listing, or (vi) the use, condition or rental of a Unit by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Unit.

General

The failure of Host and Keep to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. These Terms may not be amended by you except in a writing executed by you and an authorized representative of Host and Keep. Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. For the purposes of these Terms, the words “such as,” “include,” “includes” and “including” shall be deemed to be followed by the words “without limitation.” Any prevention of or delay in performance by Host and Keep hereunder due to labor disputes, acts of god, failure of the Internet, governmental restrictions, enemy or hostile governmental action, fire or other casualty or other causes beyond its reasonable control shall excuse the performance of its obligations for a period equal to the duration of any such prevention or delay.

Contacting Host and Keep

If you have any questions about these Terms please contact Host and Keep at [email protected]

Host and Keep LLC (“Host and Keep”, “we” or “us”) provides this Privacy Policy to inform you of our policies and procedures regarding the collection, use, storage, recordation, transmission, distribution, disclosure, and any other processing (collectively “processing”) of personal information (as defined in applicable state statutes on security breach notification) that we receive from you and other users of our services, products, applications, content, features, and other offerings.

HOW Host and Keep COLLECTS AND USES INFORMATION

When you use the Services, Host and Keep collects certain personal information about you, including via cookies and similar technologies that collect information about your activities on the Services. Host and Keep will process this information to provide you the Services, to communicate directly with you (including advertising), to conduct research, and for other purposes to which you consent.

HOW Host and Keep MAY SHARE YOUR INFORMATION

Host and Keep may share information about you with its affiliates, users of the Services, and business associates and service providers that perform services on Host and Keep’s behalf in connection with the Services.

HOW Host and Keep STORES AND PROTECTS YOUR INFORMATION

Host and Keep will retain your information as long as necessary for the purposes outlined in this Privacy Policy. Host and Keep takes technological and operational measures to protect the information you provide through the Services against loss, theft and unauthorized access, use, disclosure or modification.

ADDITIONAL PRIVACY INFORMATION

You may have additional privacy rights under applicable law. Host and Keep is not responsible for the privacy practices of third parties. The Services are not for use by children under the age of 13 years old. Host and Keep may update this policy from time to time, and you may contact Host and Keep via the information below.

The Services

When you register with us through the Services to make a booking or when you wish to contact another user, we will ask you for personal information that can be used to contact or identify you. Personal information includes, but is not limited to, your name, phone number, email address, social security number (SSN), home postal address and other location data, credit card number, and billing information. We also collect the other information that you provide as part of registration and the administration and personalization of your Host and Keep account profile (e.g., without limitation, zip code (on its own) and individual preferences or demographic information). Some personal information is required, like your name and email address, and other personal information is optional, like your date of birth. We reserve the right to require address confirmation for rentals included in our Services. We collect personal information in connection with your registration to join the Services. You can register to join via the Services by completing the required forms.

Third Party Services

We also obtain data from third parties, including data brokers who provide supplemental data like demographics, and third party service providers, such as Facebook, if you register with Host and Keep by logging into online accounts you may have with such providers (each such account, a “Third Party Account”). For example, as part of the functionality of the Service, you may link your Host and Keep Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to Host and Keep through the Services; or (ii) allowing Host and Keep to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, you understand that by granting us access to the Third Party Accounts, we will access, make available and store (if applicable and as permitted by the third party and authorized by you) the information in your Third Party Accounts so that it is available on and through your Host and Keep Account on the Services. If there is information about your “friends” or people with whom you are associated in your Third Party Account, the information we obtain about those “friends” or people with whom you are associated, may also depend on the privacy settings you and such people have with the applicable third party. You should always review and, if necessary, adjust your privacy settings on third-party services before linking or connecting them to the Services.

Log Data

When you visit the Services, whether as a registered or a non-registered user just browsing, our servers automatically record information that your browser sends whenever you visit a website (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type or the webpage you were visiting before you came to our Services, pages of our Services that you visit, the time spent on those pages, information you search for on our Services, access times and dates, browser type, referring/exit pages and URLs, number of clicks and how you interact with links within the Services, and other statistics. We use this information to monitor and analyze use and technical administration of the Services, to increase our Services functionality and user-friendliness, and to better tailor our Services to our users’ needs. We also use this information to verify that users of the Services meet the criteria required to process their requests. We do not associate Log Data with other personal information, though we may aggregate, analyze and evaluate such information.

Like many websites, we use “cookies” to collect information. A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes. We use cookies for two purposes. First, we utilize persistent cookies to save your login information for future logins to the Services. Second, we utilize session ID cookies to enable certain features of the Services, to better understand how you interact with the Services and to monitor aggregate usage by Host and Keep Users and web traffic routing on the Services. Unlike persistent cookies, session cookies are deleted from your computer when you log off from the Services and then close your browser. Third party advertisers on the Services may also place or read cookies on your browser. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions and functionality of the Services.

Web Beacons

Our Services may contain electronic images known as Web beacons (sometimes called pixel tags or clear gifs) and are used along with cookies to compile aggregated statistics to analyze how our Services are used and may be used in some of our emails to let us know which emails and links have been opened by recipients. This allows us to gauge the effectiveness of our customer communications and marketing campaigns. In most cases, you can disable the ability of Web beacons to capture information by blocking cookies.

Device Identifiers

When you access or use the Services via a mobile device, Host and Keep may access, collect, monitor and remotely store one or more “device identifiers,” such as a universally unique identifier (UUID) on your device. Device identifiers are small data files or similar data structures stored on or associated with your device that uniquely identify your device. A device identifier may consist of data stored in connection with the device hardware, operating system or other software, or data sent to the device by Host and Keep. A device identifier may convey information to Host and Keep about how you browse and use the Services. A device identifier may remain persistently on your device to enhance your navigation within the Services. Some features of the Services may not function properly if use or availability of device identifiers is impaired or disabled.

Advertising Identifiers

Advertising identifiers are unique strings associated with your mobile device that are provided by the operating system. Advertising identifiers may be modified or disabled by users in the device operating system’s settings.

Phishing

Identity theft and the practice currently known as “phishing” are of great concern to Host and Keep. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, your Host and Keep Account ID, login password, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication. Further, Host and Keep will not, and the owners of listed properties are not permitted to, request money orders, cashier’s checks, online bank transfers or cash outside of the Host and Keep Services. Please be aware and report any suspicious activity to Host and Keep. For more information about phishing, visit the Federal Trade Commission’s website at https://www.ftc.gov.

Information Use

In addition to the uses described above, we use your personal information to provide and improve our Services, facilitate the listing and booking of rental properties and completing your transactions, administer your use of the Services and address your inquiries, conduct statistical or other analysis, and to enable users to enjoy and easily navigate the Services. We also use your personal information to contact you with Host and Keep newsletters, marketing or promotional materials, information related to your use of the Services, and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or update your “Notifications” information within the Services (see “Your Rights Over Your Information” below).

Analytics information

Host and Keep may collect, measure and analyze traffic and usage trends for the Services, and may use third-party analytics tools, including Google Analytics and other cloud-based tools, for such purposes (“Analytics Tools”). This allows Host and Keep to understand, among other things, who is using the Services, how they are using it, and ways to improve the Services. Analytics Tools may use cookies and persistent device identifiers to collect and store information about you, such as time of visit, pages visited, time spent on each page, IP address, location, and type of operating system used. You can learn more about Google Analytics and your options for opting out of interest-based Google ads at https://adssettings.google.com.

Commercial Communications

Host and Keep may use the information Host and Keep collects or receives to communicate directly with you, such as sending you SMS and emails containing newsletters, promotions and special offers. Host and Keep may also use the information to send you service-related notices (such as account verification, services reminders and status updates, and technical and security notices).

HOW Host and Keep MAY SHARE YOUR INFORMATION

Listings

The listing and booking of rental properties, as well as the guest ratings and reviews, are visible to all users of the Services. If you post your rental property, you authorize Host and Keep to publish and list that property, and related information, publicly via the Services and enable third parties to publish your property on their websites. We may also display the geographical location of your property in the form of a map and street address.

If you request to make a booking via the Services, Host and Keep may share the following information about you with the applicable property owner: (i) your first and last name, email and phone number, (ii) the names of any members of a third party service with whom you are connected or associated on such service; and (iii) in certain cases your billing information.

We also may share your personal information with third parties for industry analysis, demographic profiling and other purposes, provided that such information has been de-identified or aggregated with the information from other customers or users in a manner that does not allow such information to be separated from the aggregate information and identified as originating from you.

Service Providers

We may employ third party companies and individuals to facilitate our Services, to provide the Services on our behalf, to perform other related services (e.g., without limitation, maintenance services, database management, web analytics, fraud detection services relating to the activity of Host and Keep Users and improvement of the Services features) or to assist us in analyzing how our Services and Applications are used. These third parties may have access to your personal information; if they do, this access is only so that they may perform these tasks on our behalf and they are obligated not to disclose or use it for any other purpose. We may also provide personal information to our business partners or other trusted entities for the purpose of providing you with information on goods or services we believe will be of interest to you. You can, at any time, opt out of receiving such communications.

Compliance with Laws and Law Enforcement

Host and Keep cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of Host and Keep or a third party, to protect the vital interests or safety of the public or any person, to prevent or stop activity we may consider to be, or to pose a risk of being, illegal or unethical, or pursue legally permissible actions.

Host and Keep will retain your data as long as necessary for the purposes outlined in this Privacy Policy and for a commercially reasonable time thereafter for backup, archival, fraud prevention, or detection or audit purposes, or as otherwise required by law.

Host and Keep takes technological and organizational measures to protect the information you provide through the Services against loss, theft, and unauthorized access, use, disclosure or modification. Host and Keep encrypts your information on Host and Keep systems and complies with applicable data protection laws, including applicable data breach notification laws, to protect your information.

When you enter sensitive information (such as credit card number and/or social security number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Services, you can contact us. However, Host and Keep cannot ensure or warrant the security of any information you transmit to Host and Keep or guarantee that information within the Services will not be accessed, disclosed, altered or destroyed. Communications sent to or from the Services may not be secure. You should use caution whenever submitting information online and take special care in deciding what information you send to Host and Keep via email.

We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored personal information (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on the Services in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

Links to Other Websites

Our Services contain links to other websites. If you choose to visit an advertiser by “clicking on” a banner ad or other type of advertisement, or click on another third party link, you will be directed to that third party’s website. The fact that we link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data, and solicit personal information from you. Other websites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.

Some portions of the Services implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google’s terms of use, located at, https://www.google.com/intl/en_us/help/terms_maps.html, which incorporates Google’s Privacy Policy, located at, https://www.google.com/policies/privacy/.

Testimonials

With your consent we may post your testimonials, feedback, and other comments regarding the Services along with your name. If you want your testimonial removed please contact us at [email protected]

Our Policy Toward Children

The Services are not directed to individuals under 18. We do not knowingly collect personal information from children under 13. If you are under the age of 13, you may not use the Services or submit any personal information through the Services. If a parent or guardian becomes aware that his or her child has provided us with personal information without their consent, he or she should contact us. If we become aware that a child under 13 has provided us with personal information, we will delete such information from our files.