Terms and Conditions

These Terms of Service (this “Agreement”) is a contract between you (“you”) and Chocodream Corp., a Florida corporation doing business as Home Sitter (“Home Sitter”, “we” or “us”). You must read, agree with and accept all of the terms and conditions contained in this Agreement in order to use our website located at www.hsitter.com (the “Site”) and related software, services and application (collectively, the “Platform”). We may amend this Agreement at any time without written notice to you. An amendment to this Agreement shall be deemed valid and effective when the amendment appears on the Site regardless if viewed by you. Your continued use of the Platform after the effective date of a revised version of this Agreement constitutes your acceptance of its terms.

This Agreement includes and hereby incorporates by reference the agreements and polices referred to or linked to herein, including our Privacy Policy as well as any other agreements you enter through the Platform, as such agreements and policies may be modified by Home Sitter from time to time in our sole discretion. In the event of a conflict between such policies and agreements and this Agreement, this Agreement controls.

Please read this Agreement carefully and in the event of ambiguity contact us before use. You understand that by checking the box and clicking the “submit” button, or by using the Platform, you are agreeing to be bound by this Agreement. If you do not accept this Agreement in its entirety, you may not access or use the Platform. If you agree to this Agreement on behalf of an entity, you represent and warrant that you have the authority to bind that entity to this Agreement. In that event, “you” and “your” will refer and apply to that entity and you individually and jointly.

Article 1: Term and Termination

Section 1.1 Term. The term of this Agreement commences on the date of acceptance (the "Initial Term") and continues for an initial term of one year (the “Initial Term”). Upon expiration of the Initial Term, this Agreement shall automatically renew in successive one (1) year terms (each a “Renewal Term”) until terminated in accordance with Section 1.2 below. The Initial Term and all Renewal Terms shall be referred to herein as the “Term”.

Section 1.2 Termination. You or Home Sitter may terminate this Agreement at any time, with or without cause, effective immediately upon written notice to the other party (or in the alternative by Home Sitter terminating or suspending your account). Termination of this Agreement shall have no effect on other agreements entered between you and other parties through the Platform. In the event that you terminate this Agreement while a Client

Section 1.3 Consequences of Termination. Termination will not relieve you of the requirement to pay for time spent and expenses incurred prior to the effective date of the termination, which fees and expenses, together with any applicable taxes, will be charged to your account or other form of payment pursuant to Article 4. In addition, if we have the keys to your Property at the time of termination of this Agreement we will courier or mail the keys to the Property’s address at your expense and charged in accordance with Article 4.

Section 1.4 Survival. Articles 3,4,5 and 6 of this Agreement will survive termination by any party.

Article 2: The Home Sitter Platform

Section 2.1 Right to Participate. By using the Platform, you warrant that you are an eligible party with the “Right to Participate.” The Right to Participate extends only to legal entities or persons who have reached the age of eighteen (18). In addition, in order to have the Right to Participate you must have the capacity to enter into contracts under all applicable law.

Section 2.2 Warranties by Means of Participation. By utilizing the Platform you make certain warranties to us that we rely on in providing you services. You warrant and guaranty that you are not a citizen or a resident of a country in which use or participation in the Platform is prohibited by any law, regulation, treaty, administrative order or decree.  You warrant that you are not associated with any countries with which the United States has any embargoes prohibiting or effecting your Right to Participate. You warrant that all submitted information is truthful, accurate, and will be maintained.

Section 2.3 Purpose. The Platform has specific uses and by entering this Agreement you are agreeing to not use the Platform for any improper purposes. The Platform was designed to offer concierge and housekeeping services (the “Services”) to owners and renters (each a “Member”) of apartments and homes who wish to rent their real property (each a “Property”) to short or long term renters (each a “Guest”). The Services include Home Sitter providing you housekeeping, concierge services, pricing and marketing support, listing the potential property, providing professional photography, minor maintenance and fulfilling many other tasks associated with a trip (booking transportation, recommending night life hot spots, and coordinating porter service, shopping, etc). Each time that you request Services a “Contract” is formed between you and Home Sitter.

If a Contract is executed, this Agreement and all other agreements included by reference thereto will remain in full force and effect. This includes but is not limited to the Privacy Policy. You will pay for the Services agreed in the Contract through the Platform or by other mutually agreed method in writing and Home Sitter will then pay its employees and/or contractors (the “Contractors”) pursuant to Article 4 below.

Article 3: General Policies

Section 3.1 Your Content on Our Platform. You acknowledge that any information provided by you that you make public on the Platform (“Posted Content”) is not confidential. For example, if you place a comment on a blog post that can be viewed by others besides Home Sitter, such information may be used and disseminated by us for any purpose without acknowledgement or compensation to you. In addition, Posted Content may be used by any third party without our control, and you assume the risk of misuse of your Posted Content by third parties. You also represent, covenant and acknowledge that any content or material submitted by you to the Platform through any form of submission (including but in no way limited to upload, post, publish or display) is content that you hold all right, title and interest to. Title for purposes under this section shall include all copyright and rights of publicity associated with the Posted Content. By uploading or posting the Posted Content on the Platform you expressly grant Home Sitter and its affiliated entities a non-exclusive, worldwide, royalty free, fully paid, transferable, sub-licensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify or otherwise use the Posted Content in connection with the operation of the Platform. Our use of the Posted Content is also governed by the Privacy Policy which can be viewed and downloaded by clicking here.

Section 3.2 Validation of Account Information. We may from time to time need to confirm or validate information that you provide to us via the Platform. You authorize us to use third parties and internal mechanisms to confirm any information you provide to us. Failure to provide any information that we request is deemed a violation of this Agreement and may be cause for suspension of the Services and your access to the Platform.

Section 3.3 Non-Circumvention. You acknowledge that our Platform derives its income from collecting and deducting a portion of the fees that you pay for our Services and then paying various third parties for their services to us, such as but not limited to the Contractors. You agree to abide by all circumvention related language in all agreements incorporated previously if you make an account on the Platform. In addition, you expressly agree that for a period of twenty-four (24) months from the time you last used the Platform or the Services that you will refrain from Circumvention Conduct with the Contractors and other Members of Home Sitter, you will only contact Contractors to engage in or inquire about engaging the services of Home Sitter, and you will refrain from contacting Members that you become aware of through the Platform.

For the sake of clarity, Circumvention Conduct includes but is in no way limited to any attempt to submit proposals, solicit, contract, hire, or pay Contractors outside of the Platform. Circumvention Conduct shall also include any attempts to accept proposals, deliver services, invoice, and/or receive payment or otherwise contract outside of the Platform with Contractors. In addition, any attempt to lower the amount of money paid for Services shall be deemed Circumvention Conduct.

Circumvention Conduct also includes contacting another Member to discuss their Services contracted with us.

Circumvention Conduct includes but is not limited to Circumvention Conduct that is indirect through one or more companies or related entities or parties of you or the Contractor.

Should you be found in violation of this Section, you agree to pay Home Sitter an amount equal to triple the income lost by Home Sitter as a result of the Circumvention Conduct. You understand that the true damage and loss of goodwill caused by Circumvention Conduct is impossible to calculate and quantify at this time and that the fee charged for Circumvention Conduct is a reasonable sum of liquid damages. It is expressly understood that this is not a penalty but merely attempts to make Home Sitter whole for loss of goodwill, loss of present income, loss of future income and other damages expressly understood to be the result of Circumvention Conduct.

By using the Platform you agree and assume to take on the affirmative duty to notify Home Sitter of any Circumvention Conduct by contacting us at the address listed in Section 7.4 below. Failure to notify Home Sitter of any Circumvention Conduct shall be deemed itself, Circumvention Conduct.

Section 3.4 Limitations. You agree to the following limitations in accessing the Platform:

1. You will not access, or attempt to access, our Platform or the Site by any means other than the interface provided and shall not use the information from the Platform for any purpose other than the reasons it was made available. You are solely responsible for all Posted Content made through your account. We reserve the right to investigate any Posted Content that we reasonably believe violates any section of this Agreement.

2. You will not transmit any information that infringes on any intellectual property rights of any third parties or that you do not have the right to transmit by way of any regulation related to intellectual property rights, government national security regulations or other valid law, regulation or decree. This shall expressly include private confidential information that you have any duty to conceal from third parties included but not limited to physician-patient or attorney-client related privileges.

3. You will not impersonate any other person or entity while using the Site or the Platform or otherwise promote any criminal activity or enterprise or provide institutional support for any illegal activities.

4. You will not solicit information from any person under the age of eighteen (18).

5. You will not use the Site, Platform or any other access point to harvest or collect email addresses or other contact information for the purposes of sending unsolicited emails or communications of any kind.

6. You will not use the Site or Platform to offer, buy or sell any goods or services that are not authorized by us.

7. You shall not disclose to any third party or use for any purpose other than the purpose for it was made available any information belonging to us that is marked as confidential, copyrighted, trademarked or proprietary. You shall also not access or attempt to access any materials not intentionally made available or provided through the Platform or Site.

8. You will not copy, modify, create derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any of our source code or any other proprietary parts of our Site.

9. You will not access the Platform from outside of the United States of America.

Section 3.5 Right to Enforce this Agreement. Home Sitter has the right but no obligation to monitor this Site and Platform including Posted Content and any information, including information subject to the Privacy Policy.  Failure to comply with this and other Agreements may result in your access to the Site or Platform being suspended. We also reserve the right to self-help in connection with enforcing Agreements to the fullest extent allowable under the law. Once suspended you may not continue to use the Site and any attempt to circumvent a suspension by creating another account (a “Circumvention Account”) shall be deemed a breach of the Agreement. We reserve the right to reclaim any funds in any accounts that we deem are Circumvention Accounts at our sole discretion and you hereby acknowledge that using Circumvention Account(s) shall result in forfeiture of all funds in any accounts you hold on the Site. Violations of the Agreement may be prosecuted to the fullest extent of the law but we make no warranty that guarantees our users that we will prosecute parties in breach of the Agreement on their behalf or to their benefit.

Section 3.6 Prohibited Activities: You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Platform. In connection with your use of the Platform, you will not and will not assist or enable others to:

• breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our terms, policies or standards;

• use the Platform for any commercial or other purposes that are not expressly permitted by this Agreement or in a manner that falsely implies endorsement, partnership or otherwise misleads others as to your affiliation with Home Sitter;

• copy, store or otherwise access or use any information, including personally identifiable information about any other Member, contained on the Platform in any way that is inconsistent with Home Sitter’s Privacy Policy or this Agreement or that otherwise violates the privacy rights of Members or third parties;

• use the Platform in connection with the distribution of unsolicited commercial messages ("spam");

• discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any abusive or disruptive behavior;

• use, display, mirror or frame the Platform, or any individual element within the Platform, Home Sitter name, any Home Sitter trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Platform, without Home Sitter’s express written consent;

• dilute, tarnish or otherwise harm the Home Sitter brand in any way, including through unauthorized use of the Platform, registering and/or using Home Sitter or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Home Sitter domains, trademarks, taglines, promotional campaigns or the Platform;

• use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Platform for any purpose;

• avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Home Sitter or any of Home Sitter’s providers or any other third party to protect the Platform;

• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Platform;

• take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Platform;

• export, re-export, import, or transfer the Platform except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or

• violate or infringe anyone else’s rights or otherwise cause harm to anyone.

Section 3.7 Warranties. You warrant the following regarding the Property subject to the Services described herein:

• If you rent the Property, you have the written consent of the owner of the Property to sublet and rent the Property to third parties and you have the owner’s written consent to enter into this Agreement and each Contract.

• The Property is in good order and repair and does not have any latent defects that could harm a Contractor or any agent of Home Sitter.

• If the Property is subject to a home owner’s association or similar entity you have or will secure the proper approvals to engage our Services and allow our Contractors to enter onto the Property as needed.

• You warrant that you maintain a liability policy to cover the Property and its intended use.

• The Property is licensed and approved by all relevant governmental agencies for its intended use.

• Any specific house feature that need to be handled in a certain way shall be indicated during the registration process or using the contact form.

Article 4: Payment and Tax Reporting

Section 4.1 Our Fees. You are obligated to pay for the Services, unless specifically notified otherwise in writing by us. For all purchases and payments for reimbursement costs, fees or expenses associated with a Service, Home Sitter will charge your credit card according to the amount agreed upon between you and Home Sitter for the use of the Services, and you hereby authorize us to charge your credit card for such amounts. Home Sitter retains the right, in its sole discretion, to place a hold on any payment for a completed Service transaction.

No refunds or credits will be provided once your credit card has been charged. At Home Sitter's sole discretion, refunds or credits may be granted in extenuating circumstances or to correct any errors made by Home Sitter.

While Home Sitter will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold Home Sitter harmless for any damages that may result therefrom. Home Sitter will use third party services to process credit card information. For further information regarding that service, please contact Home Sitter to request information about Home Sitter's credit card processing providers.

You will be liable for all transaction taxes on the Services (other than taxes based on Home Sitter's income or employment tax burden of Home Sitter or its Contractors).

Section 4.2 Non-Payment. If You fail to timely pay amounts due under this Agreement or a Contract, your account with Home Sitter may be suspended and any work-in-progress will be stopped on all Contracts between you and Home Sitter, at Home Sitter’s sole discretion. Without limiting any other available remedies, you must reimburse us for amounts due upon demand, plus a late fee of five percent (5%). In addition, any amount owed under this section will be subject to interest at eighteen percent (18%) per annum or the highest allowable interest rate in the applicable jurisdiction, whichever is higher. In our sole discretion we may set off amounts due against other amounts received from or held for you and make appropriate reports to credit reporting agencies and law enforcement. Home Sitter will to the fullest extent possible cooperate with law enforcement at its sole discretion under this section.

Section 4.3 Payment Methods. Home Sitter is authorized by you to run or have run, credit card authorizations on all credit cards provided by you and to store credit card details in compliance with the Privacy Policy. You expressly authorize Home Sitter to charge your credit card pursuant to the terms of this Agreement.

Article 5: Role of Home Sitter

Section 5.1 Contracts and No Employment. You recognize that you are not an employer or partner of Home Sitter, nor is Home Sitter or any of our employees or contractors your employee or partner, and that we in no way supervise direct or control your work or services. The relationship between you and Home Sitter is that of arms-length independent contractors, and you expressly acknowledge that at no time will there be deemed to be an employment relationship, partnership, franchise, or joint venture between you and Home Sitter, or one or more of our employees/contractors.

Section 5.2 Background Checks. Although we may conduct background checks on Members as well as our Contractors, we are under no obligation to do so, nor do we have any obligation to share those results with you. You expressly agree that we may conduct a background check on you without your approval or knowledge, or other notice to you.

Section 5.3 Third Party Websites. The Platform may provide links to other sites that are not related to or affiliated with us. We have no control over such sites and resources and cannot assume responsibility for those sites. We do not endorse any third party sites and you further acknowledge your full responsibility and liability for any damage or loss caused by or in connection with use or reliance on any third party sites. For more information on third party sites please review our Privacy Policy. Notwithstanding anything to the contrary you hereby agree to hold harmless and indemnify us for any liability related to third parties.

From time to time Home Sitter may link the Platform with other third party websites (“Social Networking Sites”). By logging in or directly integrating Social Networking Sites into our Platform we believe you will have an optimized experience. These Social Networking Sites will also share certain information with us and we will use, store and disclose such information in accordance with our Privacy Policy. Please remember that how Social Networking Sites share your information is not governed by Home Sitter and is solely between you and those third party sites. We are not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, warranties, advice or statements made by Social Networking Sites and are not liable for any damages related thereto.

Article 6: Warranty Disclaimers, Limitation of Liability and Indemnification

Section 6.1 Warranties and Disclaimers. We make no warranty or representations with regard to the services provided by Contractors, the work product, the Site, the Platform or the activities related to this Agreement unless provided for in a Contract. To the maximum extent permitted all warranties are disclaimed, unless expressly in writing within this Agreement or a Contract. Disclaimer of warranty is with regard to but in no way limited to, express or implied conditions, warranties of merchantability, fitness for a particular purpose and non-infringement. Any remedy you may have must be found expressly in this Agreement or a Contract, or otherwise is deemed waived by you, and in addition:

• We are not responsible for the Properties, their condition, quality, suitability and safety for Guests, the legality of renting them out to Guests, the maintenance of Properties or the provision or replenishment of supplies in Properties. We are also not responsible for thefts, break-ins or vandalism at or to the Properties, or any other conduct or misconduct taking place in the Properties. This is the case even if Home Sitter assisted in booking the reservation with a Guest.

• We are not responsible for any objects, furniture, appliances contained in the house. 

• We are not responsible for your policies regarding Guests’ use of the Property, and the legality of the policies that you establish.

• We are not responsible for the Customer’s insurance coverage such as for damage to Properties and Guest injuries.

• We are not responsible for the Customer’s cancellation and refund policy for Guests or prospective Guests.

• We are also not responsible for the actions of the Guests, be it with respect to the conduct they engage in in the Properties, their failure to pay or settle amounts due, the reviews they (or anyone else) post, or any other aspect of their dealing with you.

• We are not responsible for any injuries that Guests or other third parties sustain on the Properties.

• We are not a party to any engagements, transactions or dealings between you and your Guests.

Section 6.2 Limitation of Liability. We will in no event, under any circumstances, for no reason whatsoever be liable for any special, consequential, incidental, exemplary, indirect or punitive damages to you for the services through the Site or the Platform. In addition, there shall be no liability for litigation costs, lost profits or lost data. Liability of Home Sitter to any user or visitor to the Site for any claim arising out of or in connection with this Agreement, the Site or the Platform, shall be limited to the lesser of (i) two thousand US Dollars ($2,000.00) or (ii) any fees retained by us with respect to Contracts on which you were involved during the one-month period preceding the claim. These limitations will apply to any liability, arising from any cause of action whatsoever, even if the limited remedies provided herein fail of their essential purpose. By using the Site and the Platform you agree that this limitation of liability is reasonable.

Section 6.3 Indemnification. You will indemnify, defend and hold harmless Home Sitter and its subsidiaries, affiliates, officers, agents, employees, and representatives (each, an “Indemnified Party”) from any and all claims, actions, damages, liabilities, costs, and expenses including, but not limited to, reasonable attorneys’ fees and all related costs and expenses arising from or relating to your use of the Platform, any Services or any Contract entered into by you, any Posted Content, your violation of these Terms of Service, and/or your violation of any rights of another.

Article 7: Miscellaneous Provisions

Section 7.1 Entire Agreement. This Agreement sets out the entire agreement and understanding of the parties relating to its subject matter and cancels and supersedes any prior or contemporaneous discussions, agreements, representations, warranties, and other communications between them.

Section 7.2 Compliance. You agree that you will not violate any laws or third party rights on or related to the Platform. Without limiting the generality of the foregoing, you agree to comply with all applicable import and export control laws and third parties’ proprietary rights. The software and the transmission of applicable data, if any, is subject to United States export controls. No software may be exported or re-exported in violation of U.S. export laws. Using the Platform is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Site and the Platform, including as it concerns online conduct and acceptable content.

Section 7.3 Modifications. No amendment or modification to this Agreement will be binding upon us unless in a written instrument signed by a duly authorized representative of Home Sitter. For the purposes of this Section, a written instrument will expressly exclude electronic communications such as email and electronic notices but will include facsimiles.

Section 7.4 Notices; Consent to Electronic Notice. You consent to the use of (a) electronic means to complete this Agreement and to deliver any notices related to or necessary for the completion of this Agreement; and (b) electronic records to store information related to this Agreement or your use of the Platform. Notices hereunder will be valid only as follows:

If to you: (i) via electronic mail (e-mail) that you provide to us when signing up for the Platform, or (ii) posting on the Site. The date of receipt will be deemed the date on which such notice is transmitted.

If to us: via certified mail, return receipt requested, or via nationally or internationally recognized overnight courier (i.e. DHL, FedEx, UPS, etc.) to the following address, that may be modified without notice on the Site, the date of receipt being one (1) business day after actual receipt by us:

Home Sitter

17501 Biscayne Blvd., Suite 500, Aventura, Florida 33160, USA

Section 7.5 No Waiver. The failure or delay of Home Sitter to exercise or enforce any right or claim does not constitute a waiver of such right or claim and will in no way affect our right to later enforce or exercise it, unless we issue an express written waiver, signed by a duly authorized representative of Home Sitter.

Section 7.6 Assignability. You may not assign this Agreement, or any of its rights or obligations hereunder, without our prior written consent in the form of a written instrument signed by a duly authorized officer of Home Sitter. We may freely assign this Agreement without your consent. Any attempted assignment or transfer in violation of this Section will be null and void. Subject to the foregoing restrictions, this Agreement will inure to the benefit of the successors and permitted assigns of the parties.

Section 7.7 Severability. If any provision of this Agreement is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof will be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability, and will be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or unenforceability of such provision in that jurisdiction will not in any way affect the legality, validity, or enforceability of such provision in any other jurisdiction or of any other provision in any jurisdiction.

Section 7.8 Choice of Law. This Agreement and any controversy, dispute or claim arising out of or relating to this Agreement, including but not limited to a Contract, will be governed by and construed in accordance with the laws of the State of Florida, USA, without regard to its conflict of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

Section 7.9 Forum Selection, Attorney’s Fees, Personal Jurisdiction and Venue. You agree that any claim or dispute arising under this Agreement or your use of the Platform must be resolved through binding arbitration with a tribunal sitting in Miami-Dade County, Florida USA pursuant to the rules of the American Arbitration Association. If we are successful in any action whether defending or prosecuting against you, you agree to pay all attorney’s fees and costs associated with that action. You hereby irrevocably consent to the personal jurisdiction and venue of the arbitration tribunal. You further agree that any issue you have with Home Sitter that arises under this Agreement is arbitrable and that Miami-Dade County, Florida USA is a convenient forum for any disputes that arise between us.

Section 7.10 Prevailing Language. The English language version of this Agreement will be controlling in all respects and will prevail in case of any inconsistencies with translated versions, if any.

Section 7.11 Proprietary Rights. Home Sitter and its licensors reserve all rights, title, ownership and interest in and to copyrights, trademarks, service marks, trade names, trade secrets, patents and any other rights to intellectual property, recognized in any jurisdiction, whether or not perfected in and to the Platform. You may not use the Platform except as necessary for the purposes of discharging obligations under this Agreement and any Contract entered into pursuant to this Agreement. We reserve the right to withdraw, expand and otherwise change the Platform at any time in our sole discretion.

Section 7.12 California Residents: The following disclosure is made pursuant to California Online Privacy Protection Act: When you use our Service, other parties, such as Google may collect personally identifiable information about your activities over time and across different websites or online services.

Privacy Policy

 

Welcome to the web site (the "Site") and/or app (collectively, the “Platform”) of Home Sitter. This Platform is operated by Home Sitter and has been created to provide information about our company and the Home Sitter host of concierge services, whether accessible to you via web, mobile app or other platform (our services, together with the Platform, are the "Services") by visitors and users of the Services ("you" and/or "your").

 

This “Privacy Policy” sets out Home Sitter's policy with respect to information, including in particular information which identifies you personally (known as “personally identifiable information” in the USA or “personal data” in the European Union, which together we'll call "Personal Data")) and other information that is collected from visitors and users of the Services.

 

Please read this Privacy Policy carefully so that you understand how we will treat your information.  By using any of our Services, you confirm that you have read, understood and agree to this Privacy Policy.  If you do not agree to this Privacy Policy, please do not use any of the Services.

 

Information We Collect

 

When you interact with us through the Services, we may collect Personal Data and other information from you, as further described below:

 

Personal Data That You Provide Through the Services: We collect Personal Data from you when you voluntarily provide such information, such as when you contact us with inquiries, respond to one of our surveys, register for access to the Services or use certain Services, which typically includes your: (i) name; (ii) telephone number; (iii) email address; (iv) home address; (v) information about your home which you give us; (v) your payment details; (iv) your IP address; and (vi) any other personal information which you give us in connection with the Services. By voluntarily providing us with Personal Data, you are consenting to our use of it in connection with the Services and in accordance with this Privacy Policy.

 

Non-Identifiable Data: When you interact with Home Sitter through the Services, we receive and store certain information which does not identify you personally (referred to as personally non-identifiable information in the USA and non-personal data in the European Union) (“Non-Identifiable Data”).  Such information is collected passively using various technologies.  This includes:

• Technical or other details about any device which you use to access the Services, including: Internet and/or network connection; your Media Access Control (MAC); any device Unique Device Identifier (UDID) or equivalent; your operating system, browser type or other software; your hardware or mobile device details (including your mobile device type and number and mobile carrier details), if applicable; or other technical details.  This is technical data about our users and their actions and patterns, which we do not believe identifies any individual;

•  Details of your use of our Services including, but not limited to: metrics information about when and how you use the Services; traffic data; and your geographical location data.

 

Home Sitter may store such information itself or such information may be included in databases owned and maintained by Home Sitter's affiliates, agents or service providers. The Services may use such information and pool it with other information on an anonymized and generalized basis to track, for example, the total number of users of our Services, the number of visitors to each page of our Site and the domain names of our visitors’ internet service providers. It is important to note that no Personal Data is available or used in this process.

 

How We Use Information We Collect:

 

Use of cookies: Home Sitter uses cookies and similar technologies to help provide, protect, and improve the Platform. A cookie is a small data file that is transferred to your device (e.g. your phone or your computer). For example, a cookie could allow us to recognize your browser, while another could store your preferences. There are two types of cookies used on the Platform: (1) “session cookies” and (2) “persistent cookies.” Session cookies normally expire when you close your browser, while persistent cookies remain on your device after you close your browser, and can be used again the next time you access the Platform.

 

We also use other technologies with similar functionality to cookies, such as web beacons, pixels, mobile identifiers, and tracking URL’s, to obtain Log Data. For example, our email messages may contain web beacons and tracking URL’s to determine whether you have opened a certain message or accessed a certain link.

 

Our Use of Your Personal Data and Other Information: By providing us with the information about you discussed above, you consent for us and our subsidiaries and affiliates (the “Home Sitter Related Companies”) to use that information in the following ways:

• to implement and monitor any Home Sitter bookings which you make using our Services;

• to share your Personal Data with Home Sitter professionals in order to carry out your Home Sitter bookings using our Services;

• to ensure that content from our Services is presented in the most effective manner for you and for your computer or other device from which you access the Services;

• to provide you with information, products or services that you request from us or which we feel may interest you;

• to carry out our obligations arising from any contracts between you and us;

• to allow you to participate in interactive features of our Services, when you choose to do so;

• to notify you about changes to our Services;

• to improve or modify the Services, for example based on how you use our Services;

• to calculate conversion rates and other elements of Services' performance;

• and for marketing purposes.

 

Our Disclosure of Your Personal Data and Other Information: There are certain circumstances in which we may share your Personal Data with certain third parties, as set out below:

• Cleaning Services: We will share your Personal Data with cleaning service providers as necessary for them to provide their cleaning services to you.

• Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets.

• Related Companies: We may also share your Personal Data with the Home Sitter Related Companies if we need to do so to fulfil this Privacy Policy or the Terms of Service.

• Agents, Consultants and Related Third Parties: Home Sitter, like many businesses, sometimes hires other companies to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases and processing payments. When we employ another company to perform a function of this nature, we only provide them with the information that they need to perform their specific function and under the same standards and protections as in this Privacy Policy.

 

Legal Requirements: Home Sitter may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to:

1. comply with a legal obligation,

2. protect and defend the rights or property of Home Sitter,

3. act in urgent circumstances to protect the personal safety of users of the Services or the public, or

4. protect against legal liability.

 

Aggregated Personal Data: In an ongoing effort to better understand and serve the users of the Services, Home Sitter conducts research on its user demographics, interests and behavior based on the Personal Data and other information provided to us. This research will be compiled and analyzed on an aggregate basis, and Home Sitter may share this aggregate data with its affiliates, agents and business partners. This aggregate information does not identify you personally. Home Sitter may also disclose aggregated user statistics in order to describe our Services to current and prospective business partners, and to other third parties for other lawful purposes in fulfilment of this privacy policy.

 

Marketing and advertising: Home Sitter and its affiliates may use Personal Data to contact you in the future to tell you about services we believe will be of interest to you. If we do so, each communication we send you will contain instructions permitting you to "opt-out" of receiving future communications. In addition, if at any time you wish not to receive any future communications or you wish to have your name deleted from our mailing lists, please contact us as indicated below.

 

We do not disclose Personal Data to advertisers, but we may provide them with Non-Identifiable Data about our users to help advertisers reach the kind of audience they want to target. We may make use of the information we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience or other marketing activities.

 

Where and how we store your Personal Data:

 

The information that we collect from you will be held in servers in the USA. By submitting your Personal Data to the Platform, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your information is treated securely and in accordance with this Privacy Policy.

 

Unsolicited information and public forums: Please be aware that we do not accept unsolicited Personal Data unconnected with the Services and we will delete it as soon as we become aware you have sent us any such Personal Data (unless we are required to keep that Personal Data under this Privacy Policy).

 

You are responsible for any public publishing of information including Personal Data (for example on a discussion forum).  Please remember that this may mean third parties gaining access to that information, for which you will be responsible.

 

Children: Home Sitter does not knowingly collect Personal Data from children under the age of 18. If you are under the age of 18, please do not submit any Personal Data through the Services and immediately discontinue use of the Platform. We encourage parents and legal guardians to monitor their children's internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Data on the Services. If you have reason to believe that a child under the age of 18 has provided Personal Data to Home Sitter through the Services, please contact us, and we will endeavor to delete that information from our databases.

 

Links to Other Web Sites: This Privacy Policy applies only to the Services. The Services may contain links to other web sites not operated or controlled by Home Sitter (the "Third Party Sites"). The policies and procedures we described here do not apply to the Third Party Sites. The links from the Services do not imply that Home Sitter endorses or has reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.

 

Security:

 

Home Sitter takes reasonable steps to protect the Personal Data provided via the Services from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no internet or e-mail transmission is ever fully secure or error free; any transmission is at your own risk. In particular, e-mail sent to or from the Services may not be secure. Therefore, you should take special care in deciding what information you send to us via e-mail. Please keep this in mind when disclosing any Personal Data to Home Sitter via the internet. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.

 

Registered Home Sitter users will have an account name and password which enables you to access certain parts of our Services.  You are responsible for keeping them confidential. Please don't share them with anyone.

 

Google Analytics

What Google Analytics Advertising Features the Company has implemented?

The Company uses Google Analytics software to collect information about how you use the Company’s Site.

How the Company and third-party vendors use Google Analytics Cookie or other first-party identifiers, and third-party cookies (such as Google advertising cookies) or other third party identifiers together.

The Company uses Google Analytics Cookie to help ensure the Site is meeting the needs of its Users and make needed improvements. Google Analytics stores information such as: the pages you visit, how long you spend on each page, how you got the Site, and what you click on while you are visiting the Site.

How Users can opt-out of the Google Analytics Advertising Features the Company uses, including through Ads Settings, Ad Settings for mobile apps, or any other available means.

To provide Site Users the ability to prevent their date from being used by Google Analytics, Google has developed the Google Analytics opt-out browser add-on. If you want to opt-out, download and install the add-on for your web browser.

Using the Google Analytics opt-out browser add-on will not prevent Site owners from using other tools to measure Site analytics. It does not prevent data from being sent to the Site itself or in other ways to web analytics services.

 

Changes to Home Sitter's Privacy Policy:

 

Home Sitter reserves the right to revise this Privacy Policy Agreement to follow industry initiatives, modification in the law, advancements in technology, or revisions in our policies/practices as we deem fit from time to time. If Home Sitter, in its sole discretion, makes material revisions to the collection or the use of your personal information, Home Sitter will provide you with notice of those changes and may do so by either:

1. posting the change to the Platform, or

2. taking any other actions as deemed appropriate and reasonable under the circumstances, including without limitation, posting the revised version of this Privacy Policy online. You agree that we may notify you about material changes by placing a notice on Home Sitter’s website.

 

You cannot waive the Terms of Service, Privacy Policy Agreement, and/or any other legal notices. If you elect not to read or do not agree with those notices, they will still govern your use of Home Sitter.

 

You should check our online services frequently for updates. Any changes to this Privacy Policy Agreement will become effective upon posting of the revised Privacy Policy Agreement.

 

By continuing to use Home Sitter after any changes in the Privacy Policy Agreement have been made, you will be deemed to have consented and agreed to such changes.

 

If you do not agree with the terms of this Privacy Policy Agreement, in whole or in part, please do not continue using HOME SITTER.