PRIVACY POLICY

Last Updated: 10/08/2018

Welcome to the HomeExchange.com, a website operated by HomeExchange.com Inc. and its affiliates (together, “HomeExchange”). This Policy (“ Privacy Policy”) describes what information HomeExchange may collect about its visitors and Members through HomeExchange.com and/or its affiliated websites (“Affiliated Websites”) (HomeExchange and its Affiliated Websites, collectively “ HomeExchange,” the “Websites” or “we”) may collect about visitors (“you”) and what we may do with that information. Our Affiliated Websites can be found here. Please note that your use of the Websites and your HomeExchange membership are also governed by other agreements including the Terms of Use and Membership (“Terms of Use and Membership”). In case of any conflict among this Privacy Policy and the Terms of Use and Membership, the Terms of Use and Membership shall govern unless expressly stated therein. By using the Website, you agree to be bound by this Privacy Policy.

BY USING OR ACCESSING THE WEBSITES, YOU CONFIRM YOUR ASSENT AND ACKNOWLEDGMENT TO THE PRIVACY POLICY SET FORTH BELOW. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY, PLEASE DO NOT USE THE WEBSITES. WE RESERVE THE RIGHT TO REVISE THIS PRIVACY POLICY AT ANY TIME. YOUR USE AFTER SUCH CHANGE CONFIRMS YOUR ACCEPTANCE OF THE CHANGED TERMS. PLEASE CHECK THIS POLICY PERIODICALLY FOR CHANGES.

Capitalized terms used but not defined herein have the meanings assigned to them in the HomeExchange Terms of Use and Membership.

I. INFORMATION WE COLLECT

We collect three general categories of information – information you provide to us, information we collect automatically through your use of the Websites, and information we collect from third parties.

A. Information You Provide to Us

When you become a Member of HomeExchange, you will be asked to provide information for three separate pages: your “Account,” your “Profile,” and your “Listing.” The following describes the information you may be asked to provide for each page. Any information provided may be updated at any time.

Account Information. When you create a membership account, we or our service providers may collect information that could reasonably be used to contact you or to identify you personally, such as your name, email address, telephone number, mobile phone number, geographic location, or mailing address (“ Personal Information”). This information, unless shared voluntarily by you, shall remain confidential.

Profile Information. Following the creation of your membership account, you may complete a profile, visible to all visitors to the Website, that includes information about you, your interests, and any other information that you choose to share with other Members about yourself.

Listing Information . Once you decide to offer your property for an Exchange, you will create a Listing. This Listing will contain information about the property and its location, and will provide a link to your Profile page. All of this information will be visible to all visitors to the Website.

Authentication Information. When using the Websites, you may be asked to provide us with certain information to authenticate your identity or a transaction.

Posts, Messages, and Communications on the Websites. When you post on the Websites, communicate with other Members through the HomeExchange Messaging System, or contact us, we may collect information about these communications, including any information you choose to provide.

Payment Information. When you sign up as a Member of HomeExchange, we or our third-party payment provider may collect your financial information such as your name, address, credit card number or PayPal account number or other information to process transactions.

Other Information. You may otherwise choose to provide us with information when you fill in a form, conduct a search, respond to surveys, participate in promotions, or use other features on the Website.

1. Accessing, Reviewing and Changing Your Account, Profile, and Listing

Following the creation of your Account, you can review and change the information you provided. For instructions on how to do so, visit the Help section of the Websites at: https://homeexchange.zendesk.com/hc/en-us/categories/115000700925-Manage-Your-Account-and-Listing

If you change your email address, we may retain a record of your email address. You can also change your Account information such as your name, address, city, state, zip code, country, phone number, and saved search criteria, as well as any information on your Profile or Listing(s).

Upon your notification that you have terminated your Membership and would like to remove your Listings and/or Profile from the Websites, remove your Account from our active databases as soon as reasonably possible. To learn how to hide or remove your Listing and Profile so that others cannot view it, visit the Help section of the Websites at https://homeexchange.zendesk.com/hc/en-us/articles/115004170889-How-Do-I-Hide-or-Show-My-Listing- .

Note that even once we remove you from our database, your information may not be completely deleted due to technical and legal constraints. Therefore, you should not expect that all of your Personal Information will be completely removed in response to any request you may submit.

2. Your Use of Other Members’ Information

By accepting this Privacy Policy, you agree that, with respect to other Members’ Personal Information that you obtain through HomeExchange, HomeExchange hereby grants to you a license to use such information only for: (a) HomeExchange-related communications that are not unsolicited commercial messages, and (b) any other purpose to which such Member expressly agrees after complete disclosure of the purpose. In addition, under no circumstances, except as defined in this Privacy Policy, may you disclose personally identifiable information about another Member to any third party without the consent of such other Member after adequate disclosure. HomeExchange and our Members do not tolerate spam. Therefore, without limiting the foregoing, you are not permitted to add a Member to your mailing list (email or physical mail) without his or her express consent, after adequate disclosure.

3. Passwords

You are responsible for all actions taken with your login information and password. Therefore, we do not recommend that you disclose your password or login information to any third party. If you choose to share this information with any third party, you are responsible for all actions taken with your login information and password, and therefore should review each third party's Privacy Policy. If you lose control of your password, you may lose substantial control over your personally identifiable information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised in any way, you should immediately change your password.

We urge you to protect your own privacy. We recommend that you do not share your password with anyone or share your password in an unsolicited phone call or email.

B. Information We Collect Automatically

Log Data. Whenever you visit or interact with the Websites, we may use a variety of technologies that automatically or passively collect information about how you access or use the Websites (“Usage Information”) even if you are not a Member. Usage Information may include your browser type, operating system, hardware and software information, the page served, the time, and the preceding page views. However, this information does not identify you as an individual user. We do not treat Usage Information as Personal Information unless it is combined with other data that, once linked, can be used to identify you.

Device Identifiers . We also may automatically collect your IP address or other unique identifier (“Device Identifier”) for the computer, mobile device, technology, or other device (collectively, “Device ”) you use to access the Websites. A Device Identifier is a number that is automatically assigned to your Device when you access a website or its servers, and our computers identify your Device by its Device Identifier. We may use a Device Identifier to, among other things, administer the Websites, help diagnose problems with our servers, analyze trends, track users’ web page movements, help identify, and gather broad demographic information for aggregate use.

Mobile Identifiers. We may use software development kits (“SDKs”) or mobile advertising identifiers (for example, “IDFA” on Apple mobile devices or “Advertising ID” on Android mobile devices), which function similarly to cookies on mobile devices. You may reset your IDFA or Advertising ID in the settings on your mobile device.

Location Information. When you use the Websites, we may collect certain types of information about your general location (such as your IP address or zip code) or more precise location information such as your mobile GPS. Your mobile device may allow you to enable or disable the use of location-based services for your device in the Settings menu.

Third-Party Social Plugins. The Websites may allow you to use social plugins which are provided and operated by third parties such as Facebook’s “Log in” feature or “Like” button. When you use these social plugins, you may send these third parties information that you are viewing a certain part of the Websites. If you are logged into your account with the third party, then the third party may be able to link information about your visit to the Websites to your account with that third party. Similarly, they may record your interactions with the social plugin and our Websites. Refer to the third parties’ privacy policies to learn more about their social plugins.

1. Cookies and Tracking Pixels

Cookies. We use data collection devices such as “cookies” on certain pages of the Websites. Cookies are small files placed on your hard drive that assist us in providing customized services. We also offer certain features that are only available through the use of cookies. Cookies can also help us provide information which is targeted to your interests. We use this information to determine your demographics, interests, and behavior to better understand and serve you and our community. This information may include the URL of the website that you visited prior to the Websites (whether this is on our site or not), the URL of the website you next go to (whether this URL is on our site or not), what browser you are using, and your Internet Protocol (“IP”) address. Most cookies are “session cookies”, meaning that they are automatically deleted from your hard drive at the end of a session. You are always free to decline our cookies if your browser permits.

Tracking Pixels and Third Parties. We may use a third-party advertising company to post ads on our behalf across the Internet. That advertising company may also collect anonymous information about your visits to the Websites. This is primarily accomplished through the use of a device commonly referred to as a Web beacon, cookie, or an action tag, which is placed on various web pages within the Websites or in an HTML e-mail that allows the third-party advertising company to collect anonymous information. Some of the third-party advertisers that we use have their own privacy policies and may allow you to opt out of having your information collected as discussed above. The “Help” section of your browser may tell you how to prevent your browser from accepting cookies. To find out more about cookies, visit www.aboutcookies.org.

2. Do Not Track

We may collect information about you or your use of the Websites through cookies, tracking pixels, web beacons, mobile identifiers, or other technologies. We use this information to better understand, customize and improve the Websites, services, and offerings as well as to manage our advertising. The information we collect through cookies, tracking pixels, web beacons or mobile identifiers may help us understand how visitors use and engage with the Websites. If you have provided us with your Personal Information, for example, when you registered for an account or requested information from us, we may associate this Personal Information with information we have collected through cookies, tracking pixels, web beacons mobile identifiers or other technologies.

Some web browsers may transmit “do-not-track” signals to the websites with which the user communicates. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. Because there currently is no industry standard concerning what, if anything, websites should do when they receive such signals, the Websites do not currently act in response to these signals. If and when a final standard is established and accepted, we will reassess how to respond to these signals. For more information about “Do Not Track,” please visit www.allaboutdnt.org.

II. HOW WE USE YOUR INFORMATION

Our primary goal in collecting Personal Information is to provide you with a smooth, efficient, and customized experience. This allows us to provide services and features and to customize our service to make your experience better.

Any information you submit on the Websites may be used for a variety of purposes, including, for example, to:

· respond to your questions and requests;

· provide you with access to certain features of the Websites;

· verify your identity;

· improve the Websites;

· communicate with you;

· contact a Member on your behalf;

· attempt to resolve a dispute;

· discuss a transaction on the Websites;

· improve our marketing and promotional efforts;

· improve our content and product offerings;

· send you relevant promotions, personalized information, or updates or newsletters with information that you have requested or may be of interest to you;

· Enforce this Privacy Policy or our Terms of Use and Membership;

· contact you with regard to your use of the Websites, an Exchange or a posting; and

· in our discretion, to make changes to the Websites or any of our policies.

We will only use the information you provide to us in a manner that is consistent with this Privacy Policy or where we have otherwise obtained your consent.

There may be instances arising out of a verified Exchange where one Member to the Exchange may have an urgent need for contact information of the other Member to the Exchange. In those instances, we may, in our sole and absolute discretion, provide a Member's contact information to the other Member of such verified Exchange.

We may also use your Personal Information to contact you and to deliver information to you that, in some cases, is targeted to your interests, such as targeted banner advertisements, administrative notices, product offerings, and communications relevant to your use of the Websites. By using the Websites, you expressly agree to receive this information. If you do not wish to receive these communications, you may opt out of the receipt of certain communications through the link provided in those communications.

Members. As a Member, we may feature your Listings in editorials and newsletters that we may periodically send out to our Members. The only information from your Listings that we will include in these editorials or newsletters will be the information which you chose to display when you created such Listing.

As described above, your Profile and Listings can be viewed by other Members and the general public and we cannot prevent third parties from copying and displaying information which is posted. To the extent you do not want certain information to be viewed, do not place that information in your Profile or Listing. We may, through agreements with other websites, allow your Listing information to be posted on such other websites. Such postings will not include any of your Personal Information (including any contact information), nor will we allow those websites or their users to contact you directly, but we will instead have those users re-directed to the Websites and/or your Listing on the Websites.

Communications. We may, either directly or through third parties we engage to provide services to us, review, scan, or analyze your communications with other Members on the Websites for fraud prevention, risk assessment, regulatory compliance, investigation, product development, research, and customer support purposes. We also may scan, review, or analyze messages for research and product development purposes to help make searches, Exchange registrations, and Member communications more efficient and effective, as well as to debug, improve and expand product offerings. By using the Websites, you consent to allow us, in our sole discretion, either directly or through third parties we engage to provide services to us, review, scan, analyze, and store your communications, whether done manually or through automated means.

III. HOW WE MAY SHARE YOUR INFORMATION

As a matter of policy, we do not sell or rent any Personal Information about you to any third party. However, there are certain situations where we may use or disclose your Personal Information. Although we use industry standard practices to protect your privacy, we do not promise, and you should not expect, that your Personal Information or private communications will always remain private. HomeExchange shall not be liable for any claims or damages arising from the use of your Personal Information by any third party.

A. Financial Information

We may collect and use your payment information, including your name, address, credit card number or PayPal account number and other information to bill you for your Membership and use of our services. By buying a Membership, or engaging in any other kind of activity or transaction that uses financial information on the Websites, you consent to our providing of your financial information to our service providers and to such third parties as we determine necessary to support and process transactions. We may also contact your credit card issuer or your banking institution for their assistance with processing and supporting your transaction or activity.

By participating in programs offered on the Websites that are administered by third parties (that may require you to submit certain information, such as the address of your property offered on your Listing), you also consent to our providing your such information to those third parties. Any of these third parties may be authorized to use your information in accordance with its own Privacy Policy and any contracts made between it and HomeExchange.

B. Advertisers

We may aggregate information provided on your Listing about your property and disclose such information in an anonymized manner to advertisers and other third parties for marketing and promotional purposes. However, in these situations, we do not disclose to these entities any information that could be used to identify you personally. Certain information, such as your name, email address, password or credit card number is never disclosed to these third parties.

C. Service Providers

We may share your Personal Information with third parties that perform functions on our behalf (“Service Providers”) to carry out your requests, respond to your inquiries or make various features of the Websites available to you. These Service Providers may help us to host or operate the Websites, analyze data, provide customer service, conduct marketing, or administer surveys or questionnaires.

D. Business Transfers

We may share your information, including your Personal Information with our subsidiaries and affiliates for internal reasons, primarily for business and operational purposes. We may share or transfer your information, including your Personal Information in connection with a merger, sale, acquisition, divestiture, restructuring, reorganization, dissolution, bankruptcy, or other change of ownership or control by HomeExchange or any affiliated company (in each case, whether in whole or in part).

E. Legal Disclosure

We may transfer and/or disclose your information, including your Personal Information, to third parties to comply with a legal obligation, when we believe in good faith that the law requires it, at the request governmental authorities conducting an investigation, to verify or enforce this Privacy Policy, our Terms of Use and Membership, or other applicable policies. We may also transfer and/or disclose your information, including your Personal Information to respond to an emergency, or otherwise protect the rights, property, safety, or security of HomeExchange, third parties, Members, or users of the Websites. We can (and you authorize us to) disclose any information about you to law enforcement and other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with any investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose us or you to legal liability.

IV. DEACTIVATING YOUR ACCOUNT

To deactivate your Account, please contact us. Upon your notification, we will remove your Membership from our active databases as soon as reasonably possible in accordance with this Privacy Policy and applicable law, typically within three (3) days. You also can hide or remove your Profile or Listing so that others cannot view it. To learn more, please visit the Help section of the Websites.

After deactivating your Account, we will retain your Account information for only as long as is necessary for the purposes to which you consent under the Terms of Use and Membership and this Privacy Policy, or as is required by applicable law, and then we will delete it. We may use this information for certain purposes, such as to resolve disputes, troubleshoot problems and enforce our Terms of Use and Membership. Further, once we delete this information, it may not be completely removed from our databases due to technical and legal constraints, including stored or other backup copies. Therefore, you should not expect that all of your Account information will be completely removed from our databases in response to any request you may submit.

V. LINKS TO OTHER WEBSITES AND SHARING INFORMATION WITH THIRD PARTIES

The Websites may offer a number of services from external service providers that help you use the Websites or enjoy the benefits of Membership. If you choose to use these optional services, and in the course of doing so disclose information (including your Personal Information) to these external service providers, and/or grant them permission to collect information about you, then their use of your information is governed by their private policies, if any.

The Websites also may contain links to other sites maintained by third parties. These links are provided only as a convenience to you. HomeExchange has no control over, and is not responsible for any content, products, or services offered by or found on third party sites, or their privacy practices which may govern their use of your information. Links to these third party sites do not constitute an assumption of liability for or sponsorship, endorsement, or approval by us of these sites or the content contained on these sites.

To the extent that you disclose your information to other parties, whether they are on the Websites or on other sites, different rules may apply to their use or disclosure of the information you disclose to them. To the extent that we use third party advertisers, they adhere to their own privacy policies. Since HomeExchange does not control the privacy policies of any third parties, you should investigate their policies before you disclose your personal information to them.

VI. CHILDREN

Children are not eligible to use the Websites or our services, and we ask that children under thirteen (13) years of age not submit any Personal Information to us.

We do not knowingly collect information from children under thirteen (13) years of age. If we learn that a child under the age of thirteen (13) has provided us with any Personal Information without first receiving their parent or guardian’s verified consent, we will use that information only to respond directly to that child (or his or her parent or legal guardian) to inform the child that he or she cannot use the Websites. We will then dispose of such Personal Information in accordance with this Privacy Policy. If you believe we may have any information from or about a child under the age of (thirteen) 13, please contact us at support@homeexchange.com.

VII. ACCESSING THE WEBSITES GLOBALLY – TRANSFER OF DATA

The Websites are governed by, operated in, and in accordance with the laws of the United States. Your Personal Information will be stored and processed on our servers located in the United States. While the laws regarding the handling of Personal Information in the United States may differ from the laws of other countries we make no representation that the Websites or the use of your Personal Information will be governed by or operated in accordance with the laws of any other nation.

If you are located in the European Union, Canada, or elsewhere outside of the United States, please be aware that information we collect may be transferred to and processed in the United States. By using the Websites, or providing us with any information, you (a) acknowledge that the Websites are subject to the laws of the United States, (b) consent to the collection, processing, maintenance, and transfer of such information in and to the United States and other applicable territories in which the privacy laws may not be as comprehensive as or equivalent to those in the country where you reside and/or are a citizen, and (c) waive any claims that may arise under those laws.

VIII. YOUR CALIFORNIA PRIVACY RIGHTS

California residents are entitled once a year, free of charge, to request and obtain certain information regarding our disclosure, if any, of personally identifiable information to third parties for their direct marketing purposes in the preceding calendar year (e.g., requests made in 2017 will receive information about 2016 sharing activities). We comply with this law by giving users the ability to tell us not to share personally identifiable information with third parties for their direct marketing purposes. To make such a request, send an email to support@homeexchange.com. We may need additional information to process your request.

IX. SECURITY MEASURES

HomeExchange uses certain reasonable industry practices, including “firewalls” and Secure Socket Layers, to safeguard the confidentiality of your Personal Information. We treat data as an asset that must be protected against loss and unauthorized access. We employ many different security techniques to protect such data from unauthorized access by others inside and outside the company. However, no electronic data transmission or storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure or warrant the security of any information you transmit to us, and you use the Websites and provide us with your information at your own risk.

X. CHANGES TO THIS PRIVACY POLICY

We may change this Privacy Policy from time to time. If this Privacy Policy changes in a way that significantly affects how we handle your Personal Information, we will not use the Personal Information we currently maintain without providing you notice, where appropriate. We will notify you about any changes to this Privacy Policy by changing the “Last Updated” date at the top of the Privacy Policy. We encourage you to review this page for the latest information about our privacy practices.

XI. CONTACT US

If you have any questions or concerns about this Privacy Policy, please contact us by email at support@homeexchange.com or write us at:

HomeExchange Inc.

45 Prospect St.

Cambridge, MA 02139
USA

XII. Our use of cookies

We use cookies and trackers for various reasons:

A. Technical cookies

We need to store these cookies so that you can use the basic functions of our website and to offer you improved, personalised functions.

For example, technical cookies will allow us to know that you are connected, to offer you the language of your choice, to display the website according to your display preferences, to better manage the load on our servers, etc.

B. Audience measurement cookies

We place these cookies to better understand how you browse our website, what other website you came from, what content will get your attention, which pages you visit most regularly, etc. This allows us to improve our service.

C. Advertising cookies

We place advertising cookies to display ads that may be of interest to you. These advertising cookies collect your browsing habits on our website and/or on other websites on which these cookies are also present in order to create a profile of your interests. These third-party cookies are produced by the advertising agencies themselves.

For these advertising cookies, you can also indicate your objection to tracking cookies Your Online Choices: http://youronlinechoices.com/fr/controler-ses-cookies/ , offered by the digital advertising professionals grouped within the European association EDAA (European Digital Advertising Alliance).

D. Social network / third-party cookies

We place social network cookies to allow you to share content on the leading social networks. These third-party cookies are produced by the social networks themselves.

XIII. How can I prevent the use of cookies?

You can block the use of cookies in several ways.

By configuring your browser:

XIV. Your rights

You have several rights with respect to your information that we possess:

Right of access

You may ask us to access any information we hold about you.

Right to rectification

You may ask us to correct your information.

Most of the time, you can make corrections yourself when you are connected to our website.

Right to object

You may ask us to stop using your information when we do so because of a legitimate interest.

You may also ask us to stop sending you direct marketing / prospecting messages. You can easily do this when you are connected to our website by going to the ‘My Profile’ tab and then ‘Settings’ or by unsubscribing by clicking on the link provided at the bottom of our emails.

Right to withdraw consent

Where you have given us your consent to use your information for a specific purpose, you may, at any time, decide to withdraw your consent and we will then stop using your information for that purpose.

You can easily do this when you are connected to our website by going to the ‘My Profile’ tab and then ‘Settings’

Right to erasure or right to be forgotten

You may ask us, via email to our data protection officer, to delete your information or to stop using it.

We can only do this when possible: sometimes we need your information to comply with the law or simply to provide you with our services.

Right to restriction of processing

You may ask our data protection officer by email to block the use of your information, i.e. to temporarily store it but to stop using it.

Right to portability

You may contact our data protection officer to request an export of your information in a reusable format.

Right to lodge a complaint

You may lodge a complaint with the authority responsible for protecting personal data (in France, the CNIL www.cnil.fr ) if you believe that your rights have not been respected.

XV. Exercising your rights

To exercise your rights, contact our data protection officer (DPO) at the address given in section 16 of the Charter.

We will do our best to answer you within one month.

Any refusal of a request will be documented and explained.

Proof of identity is required for all requests to exercise rights (except in special exceptions).

XVI. Your DPO contact

Protecting your information is important to us. That is why we have appointed a data protection officer. He or she is the best person to answer all your questions about personal data.

You can contact us in several ways:

By email: dpo@homeexchange.com

By post: TUKAZZA (GUESTTOGUEST/HOMEEXCHANGE) - 45 Street of CHABROL - 75010 PARIS, FRANCE

By phone: +33 (0)1 82 83 49 30