Rental Regulations Homely Place - Rent apartments in Poznań

Apartment renting Agreement

Next as: Agreement

1. Definition

Thought of terms listed below, the Parties understand:

The Landlord – company Homely Place Sp. z o.o. with headquarters in Poznań, on Św. Wojciech Street 10/4, which is written too Rejestru Przedsiębiorców Krajowego Rejestru Sądowego, at number 0000595834 phone no: +48791128100;
The Tenant – person who conclude with Landlord, and person who is owner of bank bill (credit card), which data are shared to Landlord, because of the reservation. The tenant could be only person who is of age, who has full ability to legal act, and also legal entity and business unit which has not legal entity, but which can in their own acquire rights and enter into commitments.
The Party and Parties – suitably Landlord and Tenant or everybody for himself.
Apartment – room chosen by Tenant in process of reservation, with equipment.
Reservation – part of entering into Agreement, with intermediation of homelyplace.pl when future Tenant choose main benefit in Agreement scope, like: Apartment, price of rent, date of rent, number of person, and age of Guests, and the other elements provide by Landlord.
Apartment Day – time which is started from 4 p.m. at first calendar day till 10 a.m next calendar day, with caveat that in case at least two days, which are consecutive Apartment Day, the break between 10 a.m. till 4 p.m. between Apartment Day, is included too preceding Apartment Day.
Lease Terms – time in which Landlord give Apartment to the Guest to use, specified for future Tenant, in reservation process, which start from first till last Apartment Day.
Guest – person who is notified to use Apartment by Tenant in case of reservation, but the Tenant could be also a Guest. The Guest must show qualitative identity for a whole time of Agreement. In case of doubt or technical impossibility to determine Guest in reservation process, it is considered that the one of Guest is also Tenant.

2. Subject matter of Agreement

Landlord give Apartment to use in date of renting, and the Tenant is obligated to pay the rent with rate which was established in reservation
Landlord declares, that he has right to possess Apartment in scope of Agreement, and rate of rent will not termination (to higher rate) during of Agreement.

3. Rules of using Apartment

Landlord commits keep Apartment in a condition suitable for the agreed use. In that purpose Tenant and Guest will obliged to inform immediately about every defect in Apartment.
Apartment is staying to only disposition the Guest. Landlord and people whose provide services for him, have no right to get in to Apartment, during lease term, unless if the Guest or Tenant will clarify wish that, for example in the framework extra services; it will be needed or permitted with legislation of general application; it will be needed for completion the obligations of Landlord or Tenant resulting of Agreement; the lease term will finish (after time of check out); it will be necessary because danger which will be threat for health and live people (specially prevent the fire or putting them out, fix hidden defect of Apartment (in that structural, electric or other systems) which was disclosed during lease term; provide help directly to Guest and another people who are in Apartment or building, in which Apartment
Guest can use Apartment only for accommodation, with diligence, respect the health rules, antifire, and rules of security and hygiene, and also in a way which do not disturb law and peace of neighbors. Specially in framework fire rules, in the Apartment there is forbidden to use devices apparatus which use electric power, or gas power, which are not equipment of Apartment for example: electric immersion, heaters, gas burners, flammable materials, explosive device and measures with really bad smell.
Guest can’t make any renovation, improvement (especially reconstruction, expansion, reenactment, adaptation or modification), and the other expenditures (necessary, useful or antique) for Apartment. Possibly making expenditure which was share in last sentence empowers Tenant, as their wish, to stop the expenditure, demand reverse the former state or demand reimbursement of former state, although Tenant and Guest will deprived of right to reimbursement the value of inputs or same inputs, and also reverse to former state.
Tenant and Guest can’t give Apartment to sublet, sub-leases, or lend, like also Apartment can’t by subject of change or a established whatever right for third party.
Guest are obligated to respect rules about forbidden to keep animal in Apartment, unless – in respect of house animal – the reservation content say different, or Landlord accept that with written or documents form –this two exception, with prior payment of fees for the additional service, which is compatible with extra services pricelist, which is attachment of Agreement.
Guest are obligated to respect rules about forbidden of smoke in Apartment, unless the reservation content say different or Landlord accept that with written or documents form. In different cases, the Landlord can impose penalty in high of 1000 PLN (one thousand zloty).
It is strictly forbidden to organize any parties, social gatherings, events, occasional celebrations and other parties that may disturb the peace of residents of the neighboring Apartments – the Lessor has the right to impose a contractual penalty on the Tenant in the amount of PLN 1000 (one thousand zlotys) for breaking the prohibition.
At least one of the Guest must be of age, and every underage must stay with Guest of age.
Guest is obligated to respect night silence which is between 22:00 till 6:00.
Guest is obligated to turn off every of AGD and RTV equipment, turn off lights, turn off water, close windows and doors, in every leave of Apartment.
In the case of reasoned and caused by Tenant or Guest, intervention from security of building, in which Apartment is located, or next door Apartment building, employee of Landlord, neighbors from areas, police or municipal police – Landlord has right to impose for Tenant the contractual penalty on the amount of 2000 (two thousand zloty) PLN for every of intervention. Landlord has right of redress compensation which brings the contractual penalty, referred to in last sensation (especially damage resulted from title of infringement provisions of Agreement, and also exposure of trust for Landlord and making negative image of company.
The Lessor has the right to collect a refundable deposit from the Renter to secure the rental of the Apartment on the dates and reservations selected by the Lessor. At the same time, the Lessee undertakes to comply with Apartment’s rental agreement and agrees to charge it with a deposit in the event of non-compliance of the Apartment’s use rules in accordance with the concluded Apartment’s rental agreement after the Tenant’s stay. If the rules of using the Apartment comply with the Apartment rental agreement after the Tenant’s stay, the deposit will be returned to the Tenant by bank transfer to the account provided by the Tenant. 14. Only the Tenant declared during the reservation process may stay in the Apartment. It is prohibited to reside adults, children, animals undeclared when making a reservation by the Tenant – The Landlord has the right to impose a contractual penalty on the Tenant in the amount of PLN 1000 (one thousand zloty) for breaking the rule.
Losing the remote control to the garage hall by the Tenant or failure to return – the Lessor has the right to collect the amount of PLN 500 (five hundred zlotys) penalty.
Losing the chip or keys to the building entrance by the Tenant or failure to return – the Lessor has the right to charge the amount of PLN 500 (five hundred zlotys) penalty.

4. Duration of the Agreement

Concluding the Agreement is time of choosing in homelyplace.pl portal in Internet bookmark „Check the price”, box about the content „Send” or similar content – as last stage of reservation (stage 4. „Confirmation”). Choosing field with content „Send” or similar content is technical possible after sending Agreement from Landlord to email address future Tenant which is given in reservation process (stage 3. „Give personal data”). Choosing field with content „Send” or similar content, Tenant declare that he will contain with Agreement, which was sent him earlier.
Landlord can to terminate Agreement as a matter of urgency if:
Guest or different people who isn’t reported but staying in Apartment, will violate any of provisions which are contained in § 3 law 3, 4, 5, 8, 9, 10, 12 and § 6 law 2 sentence 1;
Guest or different people who isn’t reported but staying in Apartment, will use Apartment in different target, than this which is indicated in Agreement.
Guest or different people who isn’t reported but staying in Apartment, make act, which can make damage in Apartment or impairment of Apartment.
Guest or different people who isn’t reported but staying in Apartment, make act, which expose Landlord to get worse his reputation, good image or good name.
Guest or different people who isn’t reported but staying in Apartment, in check in time, are affected by alcohol or drugs.
The Tenant or Guest during last stay in Apartment, which was share from Landlord, was unduly prejudice provisions contractual which apply at time of last reservation.
The Tenant or Guest don’t have actual identity document (driving license, ID card, passport, or different than this from last sentence, with photo, the stamp of office with Eagle image and signature of owner; about foreigner which don’t have any of documents which was listed in last sentence other document which confirm personality of foreigner) or don’t want to show this document.
Guest who is guardian or owner of animal, and take animal to Apartment without knowledge of Landlord – in respect to Guest.
There will be negative results of preauthorization bill (and that includes expiry of invalid or different reason of lack of access) in the framework which is described in § 5 sentence 1.
The Tenant will not pay rent on time, or will pay only some part of rent.
Despite of reminder the Tenant or Guest will causing nuisance for Landlord or neighbor the Apartment next door.
Despite of reminder the Tenant or Guest will affect different than repeat all in point 1-11 , Agreement

In case of termination of Agreement in immediate mode by Landlord, Landlord have right to claim from Tenant contractual penalty which is synonymous to rent for firstly scheduled lease terms provided by after termination. In case when Tenant is consumer and Apartment after termination will rented to different entity, contractual penalty, about which is written in last sentence, is lower than equivalent to paid rent to Landlord by another entity, due only for the period before after termination of Agreement till moment in which lease time has firstly expired. The Landlord have right to seek compensation which is synonymous to contractual penalty, about which is written in last sentences this paragraph (especially damage which was created in loss profits title).
Landlord can terminate of Agreement in immediate mode for 24 hours before lease time will started.

5. Rent

Rent is payable in advance, in means at the latest in time of start of Lease Terms.
The height of rent is established in reservation The rent is established in way which is written in last sentence, and refers to rent in basic version, it means it doesn’t include any extra services (like parking, possibility to store home animal, meals, extra beds and other amenities) only if the reservation process clearly enable choosing selection extra services with price which is attributed to it. Choosing and rules of provision extra services following in framework individual establish between Parties, and delivery is payed separately it means out of rent. Extra services price list is attachment of Agreement.
Two weeks before Lease Term Landlord has right to make preauthorization of bill (for example credit card) which is property of Tenant objective is there are means of payment for covert rent and for block this means till maturity date of payment rent. Negative results of preauthorization exempt the Landlord from responsibility for termination of Agreement.
The Landlord can accept individually, in writing or document form, for payment rent in different way, which is written in 3 and § 6 law 5.

6. Responsibility of Parties

The Tenant is responsible, on the principle of guilty, for damage caused by them self and, Guest, and the people which was not report and actually stay in Apartment (joint and several liability of Tenant). Rules which is written in last sentence shall be without prejudice to possibility assert claim from the Landlord against person, which made a damage in general rules.
The Tenant or Guest don’t have any rights to make available Apartment, for anybody instead Guest, in other than time from 16:00 till 22:00 every of Apartment Day. Infringement of prohibition, in which is written in last sentence, empowers the Landlord to assert from Tenant contractual penalty for every, if only incomplete, Apartment Day infringement in height of ratio: 1) Number of person which are not Guest, in framework relevant Apartment Day and 2) rent for rental relevant Apartment Day, which Tenant is responsible for pay for one of age Guest. The Landlord has right to seek compensation transferring height contractual penalty, about which is written in last sentences.
The Landlord is not responsible for goods left in Apartment both during Agreement and after finish. Goods left in Apartment after finish Agreement will store in the office of the Landlord. In case without any disposition from Tenant the Landlord will store left goods for three next month’s counting from date of expiry of Agreement, and next give this goods for charitable target or public use.
Above (law 1-3) rules of responsible do not deprive Parties possibility to investigation exercise the claim in general rules.
The Parties can satisfy claim resulting from Agreement and other individual Agreements of Parties (in with resulting from provide extra services), and also resulting in case of performance of Agreement, in every way, for example by deduction of mutual claim, and also for charge the bill (for example credit card), which data access was share other to Parties before (for example in reservation process), or during continue or finish the Agreement.

7. Check in and check out

Check in shouldn’t be earlier than moment which start is first Apartment Day. In extra services framework the Landlord allow to check in at earlier hours, but not earlier than 12:00 o’clock calendar day, in which is start first Apartment Day, with condition prior payment extra fees existing in extra services pricelist which is attached in Agreement.
Check out should be not later than moment of last Apartment Day. In extra services framework, the Landlord allow for check out in later hours, but not later than 14:00 o’clock calendar day, in which last Apartment Day is finish, with condition prior payment extra fees existing in extra services pricelist which is attached in Agreement.
Wish for use extra services which is written in law 2 sentence 2 should be notified from Tenant to 22:00 o’clock calendar day, which precede calendar day, when originally the Apartment Day will finish. In case of do not check out from Apartment till 10:00 o’clock calendar day, in which originally Apartment Day is finish, and in case didn’t reported wish to use extra services, about which is written in last sentence, the Agreement will be extended for next Apartment Day with rent which is the same like the last Apartment Day and which is paid immediately. Sequence which is written in last sentence will apply for next Apartment Day (recurrence of prolong the Agreement).

8. Parking

The Tenant has right to use the extra services in a form of parking place on condition payment extra fee in line of actual extra services pricelist, which is attached in Agreement.
In case of decision for using extra service, in which is written in law 1, person who use the parking place is obligated to lave car in place which is indicated from the
In case of lost, destroy, or loss remote for parking garage the Landlord has right to impose for the Tenant contractual penalty in height of 500 (five hundred) PLN for every remote. The Landlord has right to seek compensation transferor height of contractual penalty, about which is written in last sentence.

9. Clause of choice of applicable and proprogative law

Parties propose in line, that legal relationship resulting from Agreement is entirely subject to the law of the Republic of Poland.
Parties agree that in every of disputes resulting or which may results from Agreement exclusive jurisdiction shall be entitled to courts of Republic of Poland.
Every of dispute which can be results with provisions of Agreement, Parties will try to settle amicably. If the settle amicably will be impossible, the dispute will be put to settle relevant locally court, for which Parties means competent court in view localization of Apartment.
The Lessee agrees to receive electronically to the e-mail address provided by the Lessee in the confirmation of booking commercial information within the meaning of art. 10 paragraph 1 of the Act of July 18, 2002 on the provision of electronic services from Homely Place Sp. z o.o. with head office in Poznań.

10. Final provisions

Change and supplement of Agreement could take place in written or document form.
Parties can communicate by electronic or traditional mail. For traditional and electronic address the Landlord means address which is available on website homelyplace.pl and for traditional and electronical address the Tenant means address which he gave on reservation process, or after making it. In case of change data, about which is written in last sentence, Party which apply change is obligated to inform second Party immediately, but not after than 2 days after change of data. Until time of inform, correspondence which was sent to existing address of electronical email is means like a delivered.
If text of Agreement will be arranged in other version than Poland, priority (in this respect interpretation rules of Agreement) has Polish version.
In matters which are not covered by the law, Polish law is generally applicable, including the Kodeks Cywilny.

Attachment – Extra Services Price List
Check in from 12:00 o’clock	160 PLN
Check in from 13:00 o’clock	120 PLN
Check in from 14:00 o’clock	80 PLN
Check in from 15:00 o’clock	40 PLN
Check out till 11:00 o’clock	40 PLN
Check out till 12:00 o’clock	80 PLN
Check out till 13:00 o’clock	120 PLN
Check out till 14:00 o’clock	160 PLN
Touristic baby crib	50 PLN/once
Parking place for passenger car	50 PLN/*Apartment Day*
One home animal	50 PLN/once
Cleaning the apartment after the stay	Free / Included in the price
Breakfast	35 PLN / person / per day
Deposit against damage or breach of the rules of stay in the Apartments	500 PLN/once
Deposit for rented equipment – game console	500PLN/once

Information clause for Tenant and Guest

In the interest of Mrs/Mr personal data, and also with the law which entitled to Mrs/Mr, meeting the requirements of the European Parliament Regulation and Council (EU) 2016/679 of 27 April 2016 and in case of protection of individual person in conjunction with processing personal data and in case freedom of movement this data to repeal directive 95/46/WE (in text as: RODO), I wish to actualize and complete the knowledge about details of processing the personal data.

Administrator

Controller of personal data is company Homely Place Sp. Z o.o. with headquarters In Poznań, on Małachowskiego Street 43, which is written to Register of Entrepreneurs of the National Court Register (Rejestr Przedsiębiorców Krajowego Rejestru Sądowego) under number 0000595834, next as “Administrator”.

Categories of recipients

This clause is intended to Tenant/potential Tenant of Apartment from which is rented by Administrator, hereinafter referred to as “Landlord” and notified person which stay in Apartment from Tenant hereinafter referred to as “Guest”.

Data source and categories of personal data concerned.

Personal data of Tenant have been obtained directly from Tenant, subject to the second sentence. In extent that agreement was concluded between Administrator and Tenant take place trough the operator of the portal/website Internet/or different services communication of distance (for example booking.com, Expedia, AirBnb) – next as “Agent”, the personal data of Tenant have been obtained from this Agent. In that case, the data are necessary to make reservation of Apartment and for conclusion and implementation of Agreement of renting, data like as: name and surname of Tenant, account details of Tenant (for example credit card details), email address, phone number, company (name), identification number (NIP/TAX no., REGON).

The personal data of Guest have been obtained directly from him, from Tenant, or from Agent. Data which have been obtained from Tenant, of from Agent are necessary to identification and verification identity of Guest, like as: name, surname.

The basis of processing, processing purposes, storage period.

THE BASIS OF PROCESSING

art. 6 law. 1 letter a) RODO

consent of the person whose data relates

PURPOSE

Business contact – marketing witch previous consent

Taking and keeping business contact, it means: objective of marketing, for which is required separate consent (for example in case of marketing implemented trough telecommunication by terminal equipment like computers which are connected to network or phones).

newsletter

Ensuring access to actual information about offer and active of Administrator and other information range of activity areas of Administrator.

correspondence

Consideration from Administrator the correspondence delivered as a result using contact form located on homelyplace.pl (chat tawk.to) or email, and answer it or keep the correspondence.

Ultimately communicator tawk.to does not require giving any personal data, however it can happen that this data will be given from the correspondent’s initiative, and which Administrator is not able to current situation predict for does not know the content of future questions / problems.

Effective using homelyplace.pl

Homelyplace.pl service is using cookies files. Cookie files are small text file which are sent from server of Administrator and are keeping from software of browser of user computer.

Cookies allow for effective using a service. More details about cookies you can find in Cookies Policy which is located on homelyplace.pl service.

advertisement/re-targeting

Cookies allow for content matching homelyplace.pl in particular advertising content for expectation of specific user.

More information about cookies, you can find in Cookies Policy which is located on homelyplace.pl service.

statistics

Cookies allow for make statistic of watching/popularity homelyplace.pl service. This statistic allow for effective promotion service at both this service and off-side (for example on Internet network). More details about cookies you can find in Cookies Policy which is located on homelyplace.pl service.

using services of third parties

Outside cookies, in case of some service providers, necessary for using from their services (for example facebook.pl, tawk.to). More details about cookies you can find in Cookies Policy which is located on homelyplace.pl service.

STORAGE PERIOD

Consent can be revoked at any moment, but revoked of consent will not affect for legality processing before revoked consent and would result in lack of back correspondence from Administrator side.

THE BASIS OF PROCESSING

art. 6 law 1 letter b) RODO

concluding and implementation of Agreement and taking action at the request of the data subject

PURPOSE

reservation of Apartment

Guarantee of availability of Apartment for future, in framework implementation future agreement of renting.

preauthorization of account

Secure of reservation fee (resulting of late cancellation of reservation); rent; and extra fees.

designation Tenant and Guest

Establishing identity and possibility of identification person who using services from Administrator.

concluding and implementation of agreement

Necessity of conclude, implementation and settlement of Agreement of renting.

proving of implementation commitment of agreement and establish, investigation and defense of claims.

Confirmation of the fulfillment of obligations from Administrator and obtain from that benefit due (for example calling for payment, determine moment of entrance and exit from Apartment).

STORAGE PERIOD

Storage period is continued during time of performing agreement of renting, and also time after finish that agreement, in means for the duration of the limitation period for claims arising from applicable laws, and also for the time required by separate regulations (for example to prevent abuse and fraud) depends from that, which from this period will be longer – necessary scope.

THE BASIS OF PROCESSING

art. 6law 1 letter c) RODO

the necessity to fulfill legal obligations incumbent on the administrator

PURPOSE

Accounting documentation (include tax)

Creation, collection and storage accounting documentation, include tax which in connected with colluding and implementation agreement of renting.

Besides indicated higher legal basis of processing the basis are also following legal acts:

· Law from day 15 of February 1992 – about income tax from legal person – in this actual art. 9 law 1,

· Law from day 29 of September 1994 – about accounting, include art. 4 law 3 point 6, art.71 law 73 and art. 74;

· Law from day 29 of August 1997 – Tax code – include actual art. 86 § 1

· Law from day 11 of March 2004 – about tax from goods and services – include actual art. 106a-106n, 112 and 112a.

STORAGE PERIOD

Storage period of processing personal data continues during performing duties resulting from legal provisions, which are their source (for example until the tax liability expires).

THE BASIS OF PROCESSING

art. 6 law 1 letter f) RODO

legitimate interests of the Administrator or a third party

PURPOSE

LEGAL INTEREST

Business contact – without previous consent

Actual pursuit directly marketing and sales of services, and also build and consolidation business relations, include providing and promotion offer from Administrator (include also Internet service of Administrator) – if there is no need for separate acceptation for this action.

Law interest in that scope is marketing and sales services and build and care about business relations, which are necessary to correctly thriving of Administrator.

security of person and property

Due to presence in Apartment valuable objects, and also security person who stay in Apartment or neighborhood, Administrator can supervise in case of property and person who stay in Apartment (for example target of identification person who disrupt security).

Law interest in that scope is care about property and the welfare of person who stay in apartment and on the area.

Designation people who stay in apartment excluding Tenant

Establishing of identity and possibility of identification person which use apartment.

Law interest in that scope is care about property and the welfare person who stay in apartment and on the area.

execution the agreement of renting

Necessity of conclude, execution and settlement the agreement of renting apartment.

Law interest in that scope is wish correctly execution of commitment for Guest which are notified by Tenant, and in the same respect Tenant.

proving the execution of commitment from Administrator and establish, investigation and defense of claim.

Confirmation of execution of commitment from Administrator to Guest which was notified by Tenant, and in the same respect Tenant and obtain from that benefit due (for example call for funds, establish time of entrance and exit from Apartment).

Law interest in that scope is possibility to investigation of claim from Administrator and demonstration execution of agreement requirements.

STORAGE PERIOD

Implementation period commitment of Administrator and also after finish, in means during time date limitation period claim which resulting from existing laws; during time which is required from separate laws (for example in case prevention and fraud); during time to reach the target; or till time which include objection, in depends from that which of this period will be longer – extent necessary.

OBJECTION

The person, whose data concern that scope of target, has right to submission of objection in line of art. 21 RODO. Because of the objection, administrator can’t processing this personal data, only if he demonstrate existence of law important reasonable grounds to processing, overriding from interest, law and liberty person, which data are, or basis to establish, investigation and defense of claim.

Categories of consignee.

The consignee of shared data to Administrator (for example data of second parties or involved person) could be:

Person who are authorized from him on the basis of separate authorization (specially person who are employed to Administrator).
People which Administrator entrusted processing of personal data in basis of art. 28 RODO (for example accounting Office; administrator of IT system; law services; transport entity; hosting services entity; in case of partial provision services electronically (for example reservation, or sales services trough by public network) – entities who shall ensure payment services (include agent in payments), credit, insurance, platform, communication (for example tawk.to), catering entities; Agents; Yieldplanet S.A.);
Persons authorized or processing as a result of further authorization or provision;
Entity in scope which not qualify to people categories from point 1)-3) and works, after disclose data, as separate administrator Tenant or Guest (for example specially entities whose put on website homelyplace.pl external cookies in scope which constitute personal data).

Entitlement

In line of RODO, person whose data relates, have law:

Access to data
Rectification of data
Deletion of data
Reduction of processing the data
Transfer of data
Objection (if the basis of processing is law justified interest of Administrator or third person);
Withdraw of consent (if the basis of processing is consent).

Realization of above rights depends from conditions referred from RODO. In case of refusal of realization above right Administrator will present substantiation of refusal in which he will invoke to personal condition, so that interested person has right to analyze correctly of substantiation.

Endorsed 3 – Administrator can refuse to delete personal data despite notified this demand, in there will be one for exception which are listed in RODO, for example when processing of data is necessary to establish, investigation and defense of claim.

Endorsed 3 and 4 – law for deleted data and law for request of reduction of processing them, shall have only in cases which are listed in RODO.

Endorsed 5 – law to transfer data, shall have only in cases, when the basis of processing law is acceptation or execution of agreement (when this processing take place in automatically process).

Endorsed 6 – in some cases, Administrator can refusal inclusion of objection for processing of data in basis of law substantiation interest of Administrator or third person, when exist important, law justified basis to processing data, which are overriding to the notifier objective interest, law and liberty or exist basis to arrangements, establish, or defense of claim – this entitlement of refusal shall not have the Administrator, when data are processing in target directly marketing.

Endorsed 7 – consent for processing data could be back in every time, without impact to compliance with law of processing.

Person whose data concern, has right to bring objection to appropriate supervisory authority. In Poland the component supervisory authority to bring objection is President of Urząd Ochrony Danych Osobowych address: Stawki Street 2, 00-193 Warszawa. In respect to the other Member State of European Union, the supervisory authority is listed on website:

http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612080

Failure to give personal data and consequences

Basis of processing

Statutory requirement/agreement requirement/condition of conclusion agreement

Commitment to give data

Consequences of failure to give data

consent

· Lack of functionality some of services on homelyplace.pl

· Lack of advertising consent and actual offer of Administrator

· Lack of answer for request/problem (for example in framework chat)

Conclusion/execution of agreement

· Condition of conclude the agreement

· Contractual requirement

· failure to contract

· failure to perform the contract

Law duty

· statutory requirement

yes

· failure to contract

· failure to perform the contract

· failure to comply with statutory and contractual obligations

Law interest of Administrator/third person

· failure to conclude a contract and failure to perform a contract in the event of an objective in the form of designation of persons, performance of a lease agreement and performance of the Administrator’s obligations as well as determination, investigation and defense of claims

Automation of processing data

Personal data of person whose data are – only in framework cookies – will be processed in automation way, but this will never cause for every of side any law effect or similar way affect for that situation (lack of automation take decision).

Profiling personal data on homelyplace.pl service consist on processing data (also in automation way) by using this for assessment some information about person, specially to analyze or estimate personal preference and interest.

More than enough Google company and Facebook has certificate of conformity with ISO/IEC 27001:2013. More details about that certificate you can find here: https://support.google.com/analytics/answer/3407084 and https://workplaceblog.fb.com/product-news/workplace-secure-iso27001/.

Good practice – conveying the information clause to Guest

In framework good practice, highly recommend is that Tenant conveying this information clause to Guest, in framework of duty information (mainly duty about indication categories of consignee)

It’s conceivable that transfer from Administrator this information clause to Guest can be impossible or require disproportionately more effort. Because of good practice, Tenant should transfer this document to Guest.

Contact details

In every cases which are connected with subject of this information clause, include issue explanation eventually concerns or ambiguities, first and foremost objective realization his own competence we kindly ask you for contact with person who is responsible for this subject conclude with security of personal data of Administrator it means:

Homely Place Sp. z o.o.

Św. Wojciech 10/4

61-749 Poznań

Phone no: +48 791-199-988

Email address: rezerwacje@homelyplace.pl

Attachment no. 2 – information clause for Tenant and Guest

In the interest of welfare personal data of Mrs/Ms, ale also about law which Mrs/Ms shall has, cater for requirements of the Regulation of the European Parliament and Council (UE) 2016/679 from day 27 of April 2016, in case of security about natural person in regard to processing personal data and with regard to free flow this data and repeal of directive 95/46/WE (in text as “RODO”) I would like to actualize and complete knowledge about details of processing data of Mrs/Mr.

ADMINISTRATOR

The administrator of personal data in company Homely Place Sp. z o.o., with head squares in Poznań, on Małachowskiego Street 43, which is written to Register of Entrepreneurs of the National Court Register (Rejestr Przedsiębiorców Krajowego Rejestru Sądowego) under number 0000595834, next as “Administrator”.

CATEGORIES OF RECEIPTIENS

This clause is addressed to Tenant/potential Tenant of Apartment which is rented by Administrator next as: “Landlord” and person who is notified by Tenant to stay in Apartment, next as” Guest”.

SOURCE AND CATEGORIES OF RELEVANT PERSONAL DATA

Personal data of Tenant was obtained directly from Tenant with caveat second sentence. In regard to which process of consent the Agreement between Administrator and Tenant, was made through the operator of the portal/Internet website/or different services to communicate at the distance (for example booking.com, Expedia, AirBnb) – next as “Agent”, personal data of Tenant was obtained directly from this Agent. In that case this data is which are necessary to make reservation of Apartment and consent and implementation of Agreement of renting, like as: name and surname of Tenant, name and surname of Guest, access data of bill of Tenant (for example number of credit card), email address, phone number, company (name), identification number like as NIP and REGON.

Personal data of Guest was obtained directly from Guest, from Tenant or from Agent. Data which was obtained from tenant or from Agent are necessary to identification and verification identity of Guest, like as: name and surname.

BASIS OF PROCESSING, PURPOSE OF PROCESSING AND STORAGE PERIOD

BASIS

art. 6 law 1 letter a) RODO

consent of person, which data concern

PURPOSE

Business contact – marketing with earlier consent

Newsletter

Ensuring access to actual information about offer and active of Administrator and other information range of activity areas of Administrator.

Correspondence

Consideration from Administrator the correspondence delivered as a result using contact form located on homelyplace.pl (chat tawk.to) or email and answer it or keep the correspondence.

Effective using homelyplace.pl

Homelyplace.pl service is using cookies files. Cookie files are small text file which are sent from server of Administrator and are keeping from software of browser of user computer. Cookies allow for effective using a service. More details about cookies you can find in Cookies Policy which is located on homelyplace.pl service.

advertisement/re-targeting

Cookies allow for content matching homelyplace.pl advertising content for expectation of specific user. More information about cookies, you can find in Cookies Policy which is located on homelyplace.pl service.

statistics

Cookies allow for make statistic of watching/popularity homelyplace.pl service. This statistic allows for effective promotion service at both this service and off-side (for example on Internet network). More details about cookies you can find in Cookies Policy which is located on homelyplace.pl service.

using services of third parties

STORAGE PERIOD

Storage period is continued until withdrawal of consent or till moment when data will prove unnecessary (for example when achieve the aim, for which data was process) – depends, which of this moment will take place earlier. Consent can be revoked at any moment but revoked of consent will not affect for legality processing before revoked consent and would result in lack of back correspondence from Administrator side.

BASIS

art. 6 law 1 letter b) RODO

concluding and implementation of Agreement and acting at the request of the data subject

PURPOSE

reservation of Apartment

Guarantee of availability of Apartment for future, in framework implementation future agreement of renting.

preauthorization of account

Secure of reservation fee (resulting of late cancellation of reservation); rent; and extra fees.

designation Tenant and Guest

Establishing identity and possibility of identification person who using services from Administrator.

concluding and implementation of agreement

Necessity of conclude, implementation and settlement of Agreement of renting.

proving of implementation commitment of agreement and establish, investigation and defense of claims.

Confirmation of the fulfillment of obligations from Administrator and obtain from that benefit due (for example calling for payment, determine moment of entrance and exit from Apartment).

STORAGE PERIOD

BASIS

art. 6law 1 letter c) RODO

the necessity to fulfill legal obligations incumbent on the administrator

PURPOSE

Accounting documentation (include tax)

Creation, collection and storage accounting documentation, include tax which in connected with colluding and implementation agreement of renting.

Besides indicated higher legal basis of processing the basis are also following legal acts:

· Law from day 15 of February 1992 – about income tax from legal person – in this actual art. 9 law 1,

· Law from day 29 of September 1994 – about accounting, include art. 4 law 3 point 6, art.71 law 73 and art. 74;

· Law from day 29 of August 1997 – Tax code – include actual art. 86 § 1

· Law from day 11 of March 2004 – about tax from goods and services – include actual art. 106a-106n, 112 and 112a.

STORGAE PERIOD

Storage period of processing personal data continues during performing duties resulting from legal provisions, which are their source (for example until the tax liability expires).

BASIS

art. 6 law 1 letter f) RODO

legitimate interests of the Administrator or a third party

PURPOSE/LEGAL INTEREST

Business contact – without previous consent

Law interest in that scope is marketing and sales services and build and care about business relations, which are necessary to correctly thriving of Administrator.

security of person and property

Due to presence in Apartment valuable objects, and security person who stay in Apartment or neighborhood, Administrator can supervise in case of property and person who stay in Apartment (for example target of identification person who disrupt security).

Law interest in that scope is care about property and the welfare of person who stay in apartment and on the area.

Designation people who stay in apartment excluding Tenant

Establishing of identity and possibility of identification person which use apartment.

Law interest in that scope is care about property and the welfare person who stay in apartment and on the area.

execution the agreement of renting

Necessity of conclude, execution and settlement the agreement of renting apartment.

Law interest in that scope is wish correctly execution of commitment for Guest which are notified by Tenant, and in the same respect Tenant.

proving the execution of commitment from Administrator and establish, investigation and defense of claim.

Law interest in that scope is possibility to investigation of claim from Administrator and demonstration execution of agreement requirements.

STORAGE PERIOD

OBJECTION

The person, whose data concern that scope of target, has right to submission of objection in line of art. 21 RODO. Because of the objection, administrator can’t process this personal data, only if he demonstrate existence of law important reasonable grounds to processing, overriding from interest, law and liberty person, which data are, or basis to establish, investigation and defense of claim.

CATEGORIES OF CONSIGNE

The consignee of shared data to Administrator (for example data of second parties or involved person) could be:

Person who are authorized from him based on separate authorization (specially person who are employed to Administrator).
People which Administrator entrusted processing of personal data in basis of art. 28 RODO (for example accounting Office; administrator of IT system; law services; transport entity; hosting services entity; in case of partial provision services electronically (for example reservation, or sales services through by public network) – entities who shall ensure payment services (include agent in payments), credit, insurance, platform, communication (for example tawk.to), catering entities; Agents; Yieldplanet S.A.);
Persons authorized or processing as a result of further authorization or provision;
Entity in scope which not qualify to people categories from point 1)-3) and works, after disclose data, as separate administrator Tenant or Guest (for example specially entities whose put on website homelyplace.pl.pl external cookies in scope which constitute personal data).

ENTITLEMENT

In line of RODO, person whose data relates, have law:

Access to data
Rectification of data
Deletion of data
Reduction of processing the data
Transfer of data
Objection (if the basis of processing is law justified interest of Administrator or third person);
Withdraw of consent (if the basis of processing is consent).

Endorsed 3 and 4 – law for deleted data and law for request of reduction of processing them, shall have only in cases which are listed in RODO.

Endorsed 5 – law to transfer data, shall have only in cases, when the basis of processing law is acceptation or execution of agreement (when this processing take place in automatically process).

Endorsed 7 – consent for processing data could be back in every time, without impact to compliance with law of processing.

http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612080

FAILLURE TO GIVE PERSONAL DATA AND CONSENQUENSES

Basis of processing

Statutory requirement/agreement requirement/condition of conclusion agreement

Commitment to give data

Consequences of failure to give data

consent

· Lack of functionality some of services on homelyplace.pl

· Lack of advertising consent and actual offer of Administrator

· Lack of answer for request/problem (for example in framework chat)

Conclusion/execution of agreement

· Condition of conclude the agreement

· Contractual requirement

· failure to contract

· failure to perform the contract

Law duty

· statutory requirement

yes

· failure to contract

· failure to perform the contract

· failure to comply with statutory and contractual obligations

Law interest of Administrator/third person

AUTOMATION OF PROCESSING DATA

Data about which is speaking, can be given to third countries from list of agreement UE-USA Privacy Shields (for example Google company and Facebook). Information about security which is used in relevant agreement you can find here: https://www.privacyshield.gov/welcome. More than enough Google company and Facebook has certificate of conformity with ISO/IEC 27001:2013. More details about that certificate you can find here: https://support.google.com/analytics/answer/3407084 and https://workplaceblog.fb.com/product-news/workplace-secure-iso27001/.

GOOD PRACTICE – CONVEING THE INFORMATION CLAUSE TO GUEST

In framework good practice, highly recommend is that Tenant conveying this information clause to Guest, in framework of duty information (mainly duty about indication categories of consignee).

CONTACT DETAILS

In every case which are connected with subject of this information clause, include issue explanation eventually concerns or ambiguities, first and foremost objective realization his own competence we kindly ask you for contact with person who is responsible for this subject conclude with security of personal data of Administrator it means:

Homely Place Sp. z o.o.

Św. Wojciech 10/4

61-749 Poznań

Phone no: +48 791-199-988

Email address: rezerwacje@homelyplace.pl