Privacy Policy
Grooop is co-living, but of course we do have a privacy policy.
1. Definitions
In this privacy policy the following definitions are being used:
A. Grooop: the user of this privacy policy; the company with limited liability Esko Management located at Cornelis Roelestraat 16 B, 1151 CB Broek in Waterland, registered with the Chamber of Commerce under number 80000045.
B. Person concerned: the natural person who (on behalf of a company) has entered into an agreement with Grooop, or the natural person who (on behalf of a company) has contacted Grooop concerning the creation and/or execution of the agreement or the natural person who (on behalf of a company) has created an account or visits the Grooop website.
C. Agreement: the agreement between Grooop and the person concerned whereby the person concerned makes use of the service that Grooop offers through the website.
D. Website: the website www.grooop.homes and the accompanying mobile application that is managed by Grooop and on which the person concerned can create an account.
E. Personal data: data through which a natural person can be identified.
2. Personal data
Careful handling of personal data is of great importance to Grooop. Regarding the processing of personal data, Grooop acts in accordance with applicable laws and regulations.
A. Grooop handles personal data with care and treats these confidentially.
B. Grooop collects personal data from the person concerned when the person concerned has provided this personal information via the website to Grooop or when the person concerned visits the website or has contacted Grooop by telephone or email.
C. Grooop collects and processes the following personal data:
first and last name
address
zip code and city
phone number
e-mail address
nationality
gender
study type
study year
university
IP-address
D. The website does not intend to collect personal data of people under 16 years old, unless by explicit permission from their parents or guardians. Grooop however cannot check whether a person is indeed over the age of 16. If the person concerned is convinced that Grooop has collected personal information about him/her without consent, then upon request by this person Grooop will terminate the processing and delete the personal data.
3. The basis and purpose of the processing
The basis for the processing of personal data is to execute the agreement or, at the request of the person concerned, to take pre-contractual measures.
A. Grooop collects and processes personal data for the following purposes:
-to handle questions and/or remarks from the person concerned
-to issue quotations/offers to the person concerned
-to finalise the conclusion of the agreement with the person concerned
-to maintain a client relationship with the person concerned
-to create and maintain the online account of the person concerned
-to send invoices and perform administrative duties to the person concerned
-to improve the Grooop website and service
-to generate general statistics about the use of the website
B. The provision of the name, address, telephone number and the e-mail address of the person concerned is a contractual obligation. No agreement can be made without the name, address, telephone number and e-mail address.
C. Grooop will not store the personal data for longer than is strictly necessary to achieve the goals, as described in article 3.A, for which the personal data are processed.
D. Grooop only processes the personal data that is minimally necessary for the existing purposes. Grooop strives for minimal data processing.
E. Grooop will not process the personal data for purposes other than those described above.
4. Deleting personal data
A. Grooop will remove personal data from its systems, without any unreasonable delay if any of the following is the case:
-the personal data are no longer necessary for the purposes for which they were processed
-the person concerned objects to the processing of his/her personal data and Grooop considers that this objection is justified
-the personal details are incorrect or out of date.
B. Grooop is not obliged to delete personal data in cases where the legal “right to be forgotten” does not apply
5. Providing personal data to third parties
A. Grooop will not provide personal data of the person concerned to third parties, unless one of the following is the case:
-Grooop has obtained explicit prior permission from the person concerned
-One of the legal bases apply to which the provision of personal data to a third party is permitted
-The provision is necessary for the execution of the agreement
-The transfer of personal data is made to a processor engaged by Grooop for the purposes specified in this privacy policy, and with which processor Grooop has concluded an agreement that ensures that the processor offers sufficient guarantees concerning its technical and organizational security measures with regard to the actions to be carried out.
B. The person concerned may withdraw his/her consent to provide personal data to third parties at any time.
6. Right of inspection, right of transferability, rectification and removal
A. Upon request, Grooop grants the person concerned access to all personal data held by Grooop. Grooop will provide the person concerned with a copy of this data free of charge in such a form so that the person concerned him/herself can provide the personal data to a third party.
B. Grooop offers the person concerned the opportunity to correct or delete incorrect data that Grooop keeps of him/her free of charge.
C. The request for access, modification or deletion of data can be submitted in writing or via e-mail to Grooop. Grooop will respond to such a request as soon as possible and always within 4 weeks.
7. Objection
The person concerned may object to the processing of his personal data by Grooop if he/she has a good reason for this because of his/her specific situation. After Grooop has received the objection from the person concerned, Grooop will stop processing the personal data of the person concerned, unless Grooop has legitimate interests in the processing of personal data that outweigh the interests of the person concerned.
8. Right of restriction
If a request has been submitted by the person concerned, concerning the adjustment, supplementing or deletion of his/her personal data or an objection has been submitted concerning the processing of his/her personal data and the handling, processing and execution of this request or objection takes some time, the person concerned may request Grooop to immediately limit or restrict the processing of his/her personal data.
9. Contact
A. For questions about the way in which Grooop processes personal data, the withdrawal of a permission concerning the processing of personal data, access to personal data of the person concerned processed by Grooop, a request for a copy of his/her personal data, a request for modification or deletion of his/her personal data, a request to restrict the processing of his/her personal data or the filing of objections to the processing of his/her personal data, the person concerned can contact Grooop via telephone, +31-20-77 84 152.
B. If Grooop corrects, supplements or deletes the personal data of the person concerned at the request of the person concerned or terminates or restricts the processing of the personal data or has processed a revoked consent, Grooop will inform the person concerned accordingly.
10. Security measures
In order to prevent access to personal data by unauthorized persons, loss, theft and unlawful use of personal data, Grooop has taken various security measures as described below, and which include measures against unauthorized access, use, modification, unlawful and accidental destruction and unintended loss of personal data:
-strong passwords to prevent unauthorized access to information systems
-data-encryption
-secure network connections
-secure web environment for data provided to Grooop via the website
-physical protection of IT facilities and equipment against unauthorized access and against damage and malfunctions
11. Privacy policy of third parties
This privacy policy does not apply to third-party websites, such as social media channels, which are connected to the website by means of links. Grooop does not accept any responsibility or liability with regard to the way in which these websites handle personal data. For more information about the way in which these third parties deal with personal data and such, the privacy policy of the relevant website must be consulted.
12. Changes
Grooop reserves the right to make unilateral changes to this privacy policy. The latest version of the privacy policy of Grooop is on the website.
13. Data leaks
A. If a security incident has occurred at Grooop in which personal data of a sensitive nature are leaked or from which a serious adverse consequence for the protection of the processed personal data occurs, Grooop will, if possible, within 72 hours after having observed the data breach report this occurrence to the Dutch Data Protection Authority (Dutch: Autoriteit Persoonsgegevens) and act in accordance with the Policy Rules Reporting Data Breaches Duty of the Dutch Data Protection Authority.
B. If there is a data leak at Grooop that has adverse consequences for the privacy of the person concerned, Grooop will inform the person concerned without delay.
14. Cookies
A. Grooop uses functional and analytical cookies.
B. A cookie is a small text file that is stored in the browser of the device of the person concerned at the first visit to the website.
C. The person concerned can opt out of cookies by setting up his/her internet browser in such a way that it no longer stores cookies. In addition, the person concerned can also delete all information previously stored via the settings of his/her browser. More information about switching on and off and the removal of cookies can be found by the person concerned in the instructions and/or by means of the help function of his/her browser. Functional cookies are necessary for the correct functioning of a website. If the person concerned removes functional cookies, this may have consequences for the correct functioning of the website and it is possible that Grooop can not or can not properly provide its service.
D. These are the cookies and its purposes Grooop is using:
-A functional cookie, placed by Grooop, to ensure that the website functions properly. These cookies are used, for example, so that the person concerned can log in to the website. With these functional cookies, the website can recognize the person concerned when the person concerned visits the website again. This is useful so that the person concerned does not have to log in to the website every time he/she visits the website.
-An analytical cookie, placed by Grooop for the benefit of the use of Google Analytics. Through the use of analytical cookies, Grooop can see how the person concerned uses the website and Grooop can improve the website accordingly. Analytical cookies are not shared with third parties, are not used by third parties and are not linked to the name or e-mail address of the person concerned. Grooop has set up Google Analytics in such a way that visitors to the website remain anonymous.
E. This article 14 only applies to the Grooop website. The website contains links to third party websites, such as social media websites. Grooop can never be held responsible for the placing of cookies by these third parties. For more information about how third-party websites place cookies, the visitor must consult the cookie policy of that website.
F. Grooop may change its policy regarding cookies from time to time, for example due to a change in law. Changes or additions to Grooop’s policy regarding cookies are published here. Grooop advises the visitor to regularly check this policy.
15. Filing a complaint
If the person concerned is of the opinion that the processing of personal data by Grooop is not in accordance with this privacy policy and/or with the applicable laws and regulations, the person concerned can submit a complaint to the Dutch Data Protection Authority.
TERMS AND conditions
Information Disclaimer and General Terms and Conditions
Information Disclaimer
Unfortunately, we can not guarantee that all information at Grooop.homes is always 100% accurate and up to date. Although we avoid every effort to abuse, we cannot be held liable for information posted on the website or transmitted through the website. Nor can we accept responsibility for the consequences of using this information. Grooop.com also contains links to other websites but as Grooop has no influence on the content of these websites, we can not guarantee the accuracy or completeness of the information presented on these websites.
General Terms and Conditions
Preamble
THESE TERMS AND CONDITIONS CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. PLEASE REVIEW THESE TERMS AND CONDITIONS CAREFULLY AND MAKE SURE THAT YOU UNDERSTAND THEM BEFORE USING THE SERVICES OR THE WEBSITE. IT ALSO CONTAINS DISCLAIMERS, WARRANTIES, A LIMITATION OF LIABILITY CLAUSE AND JURISDICTION AND CHOICE OF LAW CLAUSES. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST IMMEDIATELY CEASE USE OF THE WEBSITE AND SERVICES OF GROOOP.HOMES. ALL GROOOP TENANTS AND CONTACTS MUST UNDERSTAND THE LAWS OF THE COUNTRY, CITY AND/OR MUNICIPALITY WHERE THEIR ROOM OR APARTMENT IS LOCATED. MOST LOCAL AUTHORITIES HAVE SPECIFIC LAWS, RULES AND REGULATIONS GOVERNING LEASE AGREEMENTS IN THEIR JURISDICTIONS.
1. Definitions
Frequent reference is made throughout these Terms & Conditions to terms as defined below. These definitions enable you to more easily understand our terms and conditions.
Booking request period means the time between submitting an application for an accommodation and the acceptance of the application by Grooop.
Terms and conditions or agreement mean these terms and conditions and any other document incorporated by reference or attachment.
Initial amount means the Deposit for the room plus our Service fee.
Lease means the independent and separate lease agreement as entered into by the tenant and Grooop regarding a specific room.
Place means the accommodation offered by Grooop via the website to users.
Grooop, us or we are references to Esko Management BV, a Dutch company withj limited liability having its registered office at 16B Cornelis Roelestraat, 1151 CB Broek in Waterland, registered at the Dutch Chamber of Commerce under registration number 80000045.
Selecting is the entire process of apartment-selection via the Grooop platform. Apartment selection includes browsing the local search listings, requesting to book an apartment and either receiving an approval or a rejection by Grooop.
Privacy policy means the document governing the use of obtained information via the Grooop website and services.
Deposit means a specified amount of money as requested by Grooop to safeguard us from potential damages caused to an apartment by users during the duration of a lease agreement and which is held in a non-interest-bearing trust account for the benefit of the user.
User means the prospective tenant who is seeking accommodation and who is above the legal age of majority in his or her country of residence.
Website, website and services or platform means any website, domain or online presence maintained by Grooop, including but not limited to grooop.homes, associated domains, subdomains and any website or social networking domains or profiles that Grooop may publish from time to time, as well as any other applications for mobile devices.
You means the user.
2. Scope, acceptance of terms & conditions, amendment
2.1 These terms and conditions govern the relationship between you and Grooop. The terms and conditions as set out in this document apply to the entire use of the platform grooop.homes. Grooop.homes is a service offered by Esko Management B.V.
2.2 Grooop offers the usage of its platform, in particular the use of the database, solely on the basis of the terms and conditions as set out by the following provisions and clauses.
2.3 By accessing Grooop.homes and using the platform offered by Grooop, you implicitly consent to be bound by these terms and conditions.
2.4 Grooop may at any time modify or amend these terms and conditions effective for the immediate future. Grooop is not obliged to give users prior notice of any amendment taking effect, however we will inform you of any changes by email and/or by posting a notification on the website. It is the responsibility of the user to remain up to date with these terms and conditions.
2.5 The continued usage of the website and services of Grooop.homes by users is always deemed as a form of implied consent and agreement to the most recent and updated version of these terms and conditions.
2.6 If you accept or agree to these terms and conditions on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these terms and conditions. Grooop may require you to provide evidence of your power of representation.
3. Performance by Grooop and relationship between Grooop and its users
3.1 Grooop is an online marketplace on which groups of users can request to rent apartments. Grooop.homes is a platform on which Grooop and its users can agree to enter into a lease agreement with each other
3.2 Grooop itself does not offer any accommodation, nor is it a party to a future lease agreement between accomodation provider and user. Grooop merely acts as an intermediary for the conclusion of a legally binding and mutual declaration of intent that the user and accomodation provider are going to enter into a formal lease agreement for a specific room and time period.
3.3 Users are responsible for their adherence to the provisions governed by public law, including municipal codes regarding property rental.
4. Your use of the website
4.1 You are not allowed to use the website and services in a way that results in damage or harm to Grooop and/or third parties.
4.2 You are not allowed unauthorised access to the website with account credentials of another person i.e. by using forged credentials or by circumventing any technical security measures, regardless whether these measures are actually adequate or not.
4.3 You are not entitled to distribute viruses or other software on the website and services which may result in harm to Grooop.
4.4 You are not entitled to use the website to send unsolicited messages.
4.5 You will administer the credentials to use the website in good faith. Therefore it is not permissible to disclose credentials to any other party. If you suspect that your credentials are in the possession of a third party you undertake to notify Grooop immediately.
4.6 You are not allowed to act in noncompliance with any law or regulation, or to infringe any intellectual property rights.
4.7 We are entitled at any time to discontinue the website and services without being liable either to compensate or to indemnify for damages. Should such circumstances arise we will notify you within reasonable time.
4.8 Grooop warrants that your personal data is processed in accordance with applicable legislation and with the Grooop Privacy Policy. This means that we neither process your personal data outside the European Union nor outside a company that is not a Safe Harbour Principles certified company (see below provision 4.9 for more information).
4.9 The United States does not meet the adequate protection level as required by European Union legislation, unless the company in the United Stated adheres to the Safe Harbour Principles, in that case the company itself meets the required level of protection regarding the processing of personal data.
5. Grooop’s rights
By using the website and making use of our services, you hereby grant Grooop the following rights:
-The right to refuse you access to the Grooop platform without prior notice
-The right to suspend, amend or disable your profile and/or account for any reason without prior notice
-The right to update the website, fees and billing methods without prior notice
-The right to report you to the relevant local authority should Grooop, at its sole discretion, believe that your conduct is unlawful.
6. Selecting your apartment on Grooop.homes / user declaration of intent / warranty
6. 1 When selecting an apartment you will be required to upload a scan of your identification document as well as enter personal information about yourself. This can be a scan of your passport or any other form of identification which is deemed a lawful way of identifying yourself in the country in which the identification was issued.
6.2 In some countries passports or identifications do reveal a social security number. We strongly advise that you black out both your social security number and your photo, as us having this information conflicts with European data protection and privacy regulations.
6.3 If you are planning to reside in the apartment with other users, all users need to enter their credentials and deliver copies of their respective identity documents. Please be aware of the fact that the lease agreement will be in the name of all of the lessees, each of whom will be joint and severally liable.
6.4 You hereby warrant that the information provided by you about yourself and about any other users is correct and lawful. Grooop reserves the right to request a formal authorization or power of representation from you.
6.5 Once you have selected an apartment, your application is immediately passed on to Grooop. In case of a successful application, you will receive a booking confirmation email from Grooop.
6.6 Grooop will accept or reject your application within 72 hours. If the 72-hour period passes without response from us, you have the option to extend your application for an additional 72 hours. An application will lapse after 72 hours (or 144 hours if you choose to extend your application) whichever the case may be.
6.7 Our approval should be seen as a legally binding and mutual declaration of intent that you and Grooop are going to enter into a legally binding lease agreement for the room and time period as specified in the confirmation email. It is however not a contract of lease or agreement entitling you to rights of occupation or rights of abode in any way whatsoever.
6.8 Provided that ALL of the apartment information and details as supplied to you on the Grooop platform is lawful and correct, you warrant to Grooop that you are going to enter into a legally binding lease agreement for the apartment and time period as agreed upon in the confirmation email.
6.10 You further agree that you will not unilaterally and retroactively adjust the terms of your request to the detriment of Grooop prior to entering into the lease agreement.
6.11 Once Grooop has approved your application, we present you with a lease agreement. It is your full responsibility to read the lease carefully and to understand its full legal implications before signing it. It is your responsibility to comply with all requirements.
7. Payment of initial amount by users / fees / deposit
7.1 The initial amount consists of the BIP (Bed Inventory Package), HP (Hygiene Package) and Admin fees as well as a Deposit equivalent to two months of rent.
7.2 Upon approval of the booking request by Grooop, these fees and the Deposit need to be paid within 48 hours.
7.3 The Deposit will be held in a separate trust account by Grooop, where we will hold it for the benefit of the user during the entire duration of the lease agreement.
8. Cancellation of reservation / warranty
9. Limitation of liability
8.1 European Union legislation provides you with a right of withdrawal upon entering into an online agreement. This right can be waived by you if you give Grooop permission to immediately start performance of the agreed upon services. Since we have an extensive cancellation policy (as set out below), you hereby give Grooop permission to immediately start the performance of the agreed upon services, thereby waiving the statutory right of withdrawal (as set out in article 7:46d of the Dutch civil code)
8.2 You have the right to cancel your reservation before signing a lease with the room provider. The cancellation can be done through the website by logging in and following the instructions.
8.3 We will refund you in accordance with the following schedule:
If you cancel before Grooop approves your application we will refund the entire Initial Amount.
If you cancel two (2) months or more prior to moving into your apartment and after Grooop approved your application, we will refund the Deposit but not the BIP, HP and Admin fees.
If you cancel between one (1) and two (2) months prior to moving into your apartment and after Grooop approved your application, we will refund 50% of the Deposit. The BIP, HP and Admin fees will not be refunded.
If you cancel less than one month prior to moving into your apartment and after Grooop approved your application, there will be no refund.
9.1 We are not liable for any harm, loss or damage (based on tort for example), unless the shortcoming is due to wilful misconduct or conscious recklessness of our top-level management. In case this limitation of liability is legally unenforceable the liability for the aforementioned shortcomings are limited to an amount of EUR 250 (two hundred and fifty Euros), unless the shortcomings are due to wilful misconduct or conscious recklessness of our top-level management.
9.2 You hereby accept the functionality of the website “as is”. Furthermore you accept that Grooop can change the functionality of the website at any time.
9.3 We strive for a high availability of the website; however, we cannot guarantee that the website is always available without interruptions.
10. Indemnity
10.1 You agree to indemnify and hold Grooop and its related companies, and each of their respective shareholders, directors, officers, employees, agents and merchant partners harmless from and against any third-party claim or cause of action, including reasonable attorneys’; fees and court costs, arising, directly or indirectly, out of your use of the services and/or website or your violation of any law or the rights of any third party.
10.2 For the sake of clarity you hereby warrant that all data supplied by you to Grooop is valid and true. You indemnify Grooop for all possible claims, howsoever arising, directly or indirectly and with or without fault on your part, from incorrect information supplied by you.
11. Intellectual property
11.1 All rights regarding intellectual property, including but not limited to content and imagery on the website remains vested in Grooop or its licensors. Usage of this material is therefore not allowed without prior permission. Permission can be requested by sending email.
11.2 All mentioned trade names or registered trademarks remain vested in Grooop or their respective owners, whichever the case may be.
11.3 The intellectual property rights in material uploaded by Users, remains vested in the User. User hereby grants Grooop a license to process the material in accordance with the agreed upon purpose.
12. Insurance matters
Since you will be staying in an apartment that does not belong to you, it is your responsibility to make sure that you have adequate insurance coverage to cover damage incurred for the duration of the lease agreement.
13. Privacy
13.1 We collect information both relating to you (for example the information you provide us when registering, your usage history and your preferences for certain kinds of offer). We also collect information relating to users of the website and the services in general. Any information that you submit or that we collect when you are using the website or services is subject to the Grooop Privacy Policy, the terms of which are hereby incorporated into these terms and conditions and can be found on the website.
13.2 Although Grooop does its best to ensure the security of your personal information (for example, by implementing reasonable security systems), you acknowledge that you provide your personal information and user content at your own risk.
14. Transfer of rights and obligations
14.1 Grooop reserves the right to transfer its rights and obligations arising out of these terms and conditions to a third party. This is especially allowed in case of a transfer due to a change of legal entity, transfer of company or merger of company. A possible transfer is without prejudice to any right that you might have under this agreement.
14.2 You are not permitted to assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights under these terms and conditions without our prior express written consent.
15. Notice & take down
In case you breach the rights of third parties, these third parties have the right to request Grooop to modify or delete infringing links or material and to provide them with your personal data (only limited to name and contact details), without being liable to compensate nor to indemnify for damages. You hereby give Grooop permission to do so if necessary.
16. Concluding remarks
16.1 Should a court or competent authority decide that any term of these terms and conditions is held to be invalid, unlawful or unenforceable to any extent, such term shall, to that extent only, be severed from the remaining terms.
16.2 The remainder of this agreement shall continue to be valid to the fullest extent permitted by law.
16.3 Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section.
16.4 Our failure to enforce any provision of these terms and conditions shall not constitute a waiver of that or any other provision and will not relieve you from the obligation to comply with such provision.
16.5 These terms and conditions set forth the entire understanding and agreement between you and Grooop with respect to the subject matter hereof.
17. Governing law
17.1 The Agreement is governed by the Laws of the Netherlands.
17.2 All disputes will be settled exclusively by the District Court of Rotterdam, the Netherlands.
17.3 You have the right to submit a dispute, by virtue of the Laws of the Netherlands, to a competent court within thirty (30) days after we invoke the right to submit the dispute in accordance with the first sentence of this paragraph.
