Legal documents

Contents

  1. Privacy & cookies statement
  2. Terms & conditions
  3. Notice & takedown procedures

Privacy & cookies statement

Last updated: 20 June 2023
Previous versions: none yet

1. Why this privacy statement?

In order to enable you to take control of your personal data, we have created this easy to read privacy statement, meant to inform you on the processing of personal data via urbancrabs.com and the handling of these data by us. The collection and processing of personal data is done in accordance with European data protection laws.

The privacy of our members and users of our website is very important for us. We collect and share only personal data that is essential for us to run our society. We will delete your information when we no longer use it.

If you do not like what you read in this privacy statement, we advise you to stop using urbancrabs.com and clear your cookies. If you’ve signed up for a membership, contact us to remove all your personal data from all our systems. We will do so within 48 hours.

2. Who are we? How can you contact us?

This Privacy Policy applies to your use of urbancrabs.com, a website operated by Urban Crabs (The Society of Home Office Swappers).

Our registered address is:
Wolvenstraat 3-1
1016 EM Amsterdam
The Netherlands

You can contact us via hi@urbancrabs.com.

We encourage you to contact co-founder Bart van Poll (bart@urbancrabs.com) if you have any questions or concerns.

3. Which data do we collect? And why?

Some data will be collected automatically by urbancrabs.com (please see section 11 on our use of Cookies). Other data will only be collected if you voluntarily submit it, for example when applying for a membership.

If you become a member, we need the following data to get in touch with you and to be able to offer you our home office swapping services:

  • Your name
  • Contact information (such as email address, social media accounts, telephone number and address)
  • Information about your home and home office (such as images, descriptions and wifi speed).
  • Financial information (such as credit / debit card numbers) are passed to payment providers and not stored in our systems

If you sign up to our newsletter(s) we need some information to be able to send you our newsletter. You can always unsubscribe from any newsletter with one click. We ask for:

  • Your name
  • Email address
  • IP address (automatically collected by our newsletter service provider)
  • Newsletter preference

If you use our website, we will store a cookie on your device. Any information we collect cannot be connected to you personally. See section 11 for more information.

4. How do we use your data?

All personal data is stored securely in accordance with the EU General Data Protection Regulation (Regulation (EU) 2016/679) (GDPR), which means lawfully, fairly and transparantly. 

We use your data to 

  • Provide access to urbancrabs.com and a personal account
  • Analyze your use and personalize your experience on urbancrabs.com
  • Supply services to you
  • Respond to communications from you
  • Supply you with email notifications. 

With your permission and/or where permitted by law, we may also use your data for marketing purposes which may include contacting you with information, news and offers on our services. you can always opt-out. 

We will only process your personal data if at least one of the following basis applies:

you have given consent to the processing of your personal data for one or more specific purposes;

  • processing is necessary for compliance with a legal obligation to which we are subject;
  • processing is necessary to protect the vital interests of you or of another natural person;
  • processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; and/or
  • processing is necessary for the purposes of the legitimate interests pursued by us or by a third party, except where such interests are overridden by the fundamental rights and freedoms of the data subject which require protection of personal data.

5. How and where do we store & delete your data?

We only keep your data for as long as we need to in order to use it as described in section 4, and/or for as long as we have your permission to keep it. In any event, we will conduct an annual review to ascertain whether we need to keep your data. Your data will be deleted if we no longer need it.

Our server is hosted in Amsterdam, The Netherlands. your data will be stored within the European Economic Area where we can. If we do store or transfer data outside the EEA, we will take all reasonable steps to ensure that your data is treated as safely and securely as it would be within the EEA and under the GDPR. 

Data security is of great importance to us.  Steps we take to secure and protect your data include:

SSL
SSL (Secure Sockets Layer) gives users a secure connection between the website and the server. It encrypts data when they are filling in forms ensuring privacy and data security. SSL activates the browser padlock and shows https in the address bar. web browsers now show a warning for sites without this security in place.

Password Storage
All passwords are stored in an encrypted hashed format and leverage WordPress’ excellent security around user management.

Anonymized user Data
User data is anonymized when databases are downloaded to be used in local environments.

User data sent to external services (like Google Analytics) is always anonymized. No personal data is shared.

6. Do we share your data?

We may contract with third parties to supply services to you on our behalf. These may include payment processing, delivery of goods, search engine facilities, advertising and marketing. In some cases, the third parties may require access to some or all of your data. Where any of your data is required for such a purpose, we will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights.

We may compile statistics about the use of urbancrabs.com including data on traffic, usage patterns, user numbers, sales and other information. All such data will be anonymised and will not include any personally identifying information. We may share such data with third parties such as prospective investors, affiliates, partners and advertisers. 

In certain circumstances we may be legally required to share certain data held by us, which may include your personal information. For example, when we are involved in legal proceedings or receive an order from a governmental authority). We do not require any further consent from you in order to share your data in such circumstances and will comply as required with any legally binding request that is made of us.

7. How do we use your data?

Should Urban Crabs ever change ownership, you will be contacted in advance and informed of the changes. You always have the choice to have your data deleted.

8. How can you control your data?

When you submit information via urbancrabs.com, you will be given options to restrict our use of your data. You have strong controls on our use of your data (including the ability to opt-out of receiving emails from us with one click).

You can always contact us to have your data deleted. We will do so within 48 hours after receiving your request.

9. Your right to withhold or withdraw information

You may access many areas of urbancrabs.com without providing any data at all. However, to use all features and functions available on urbancrabs.com you must submit data or allow for the collection of certain data.

You may restrict your internet browser’s use of cookies (see section 11). You may ask us to delete your data (see section 8).

10. Your right to withhold or withdraw information

You have the legal right to ask for a copy of any of your personal data held by us. Please contact us to do so.

11. Which cookies do we use?

Cookies (and similar techniques) are small text files that are stored on your device when you access our website. The various types of cookies we use are listed below.

Type of cookiePurpose/useLegal basis
Strictly necessary cookiesThese cookies are used each time you access our Website, and enable basic functions like page navigation, give you access to secure areas and to provide the optimal experience for your browser settings.These cookies are necessary for using the Website and are covered under the general exception to consent under the ePrivacy Directive. We rely on legitimate interest as the legal basis to process personal information related to these cookies.
Functional cookiesWe use these cookies to make sure that all features of the Website function in the most optimal way in order to improve user experience.We rely on your consent for these. You can easily remove these cookies by clearing your browser, or by declining the cookies in the cookie banner.
Analytical cookiesThese cookies help us to
1) Measure website visits
Measure the time a visitors spends on our pages
2) Track the effectiveness of advertising & campaigns
3) Share browsing history with selected partners
4) Provide you with more information about the things you’ve shown interest in before		We rely on your consent for these. You can easily remove these cookies by clearing your browser, or by declining the cookies in the cookie banner.
Advertising cookiesCurrently we do not have advertising on our website. We may change this.We rely on your consent for these. You can easily remove these cookies by clearing your browser, or by declining the cookies in the cookie banner.

12. Summary of your rights under GDPR

Under the GDPR, you have the right to:

  • request access to, deletion of or correction of, your personal data held by us;
  • complain to a supervisory authority;
  • be informed of what data processing is taking place;
  • restrict processing;
  • data portability;
  • object to processing of your personal data;
  • rights with respect to automated decision-making and profiling (see section 13 below).

To enforce any of the foregoing rights or if you have any other questions about urbancrabs.com or this Privacy Policy, please contact us. For contact details see section 2.

13. Automated decision-making and profiling

In the event that we use personal data for the purposes of automated decision-making and those decisions have a legal (or similarly significant effect) on you, you have the right to challenge such decisions under GDPR, requesting human intervention, expressing their own point of view, and obtaining an explanation of the decision from us.

This right does not apply in the following circumstances:

  • The decision is necessary for the entry into, or performance of, a contract between the you and us;
  • The decision is authorized by law; or
  • you have given your explicit consent.

Where we use your personal data for profiling purposes, the following shall apply:

  • Clear information explaining the profiling will be provided, including its significance and the likely consequences;
  • Appropriate mathematical or statistical procedures will be used;
  • Technical and organizational measures necessary to minimize the risk of errors and to enable such errors to be easily corrected shall be implemented; and
  • All personal data processed for profiling purposes shall be secured in order to prevent discriminatory effects arising out of profiling.

14. Privacy policies of third parties

Please refer to the Privacy statements of the third parties below with whom we may share personal data

  1. Google
    https://policies.google.com/privacy?hl=en
  2. Meta (not currently sharing)
    https://www.facebook.com/privacy/policy/
  3. Linkedin (not currently sharing)
    https://www.linkedin.com/legal/privacy-policy

15. Changes to this privacy statement

We may change this Privacy Policy, usually when it’s required by law. Any changes will be immediately posted on urbancrabs.com and you will be deemed to have accepted the terms of the Privacy Policy on your first use of urbancrabs.com following the alterations. On top of this page you can find the previous versions of this page.

Terms & conditions

Last updated: 20 June 2023
Previous versions: none yet

Who are we?

Urban Crabs is registered as a general partnership in The Netherlands, managed by Sanne van Poll & Bart van Poll.

Address: Wolvenstraat 3-1, 1016 EM, Amsterdam, the Netherlands
Chamber of Commerce Amsterdam: 89468589
Tax ID: NL864991496B01

1. Definitions

1.1 Terms in these Terms & Conditions:

Agreement:the contractual Agreement between Urban Crabs and a Member of which the Terms form an integral part;
Content:any content which Urban Crabs provides on the Platform;
Exchange:Exchange process of Homes between two Members;
Exchange Partner:the person with whom a Member has agreed to Exchange their Home;
Home:a residence a Member is legally allowed to offer for Exchange via our Platform. A Home on our Platform always includes a Home Office;
Home Office:a place in a Members’ Home with internet access where Members can work;
Intellectual Property:any and all intellectual property rights and associated rights, including copyrights, trademark rights, patent rights, design rights, trade name rights, database rights, and neighbouring rights, as well as rights to domain names and knowhow;
Listing:information posted by a User about their Home on our Platform;
Member:a user who has created an account on our Platform. Also referred to as “you“, “your“;
Notice and Takedown Procedure:the procedure as described on the Website, which can be accessed here;
Platform:the Website and application, which enables a Member to Exchange Homes;
Service:the Service provided by Urban Crabs, which consists of making the Platform available through the Website and application;
Terms:these terms and conditions at hand, which form an integral part of the Agreement;
User:a visitor of our Website (can also be Member);
User Content:any materials or information uploaded to the Platform by a User;
Website:The website available at urbancrabs.com

2. About these Terms

2.1 To use the Platform, you must accept these Terms. Each time you use our Platform, you accept these Terms.

2.2 We may update these Terms from time to time. Updated versions will have immediate effect for all Members. Previous versions will be listed at the top of this page.

3. The Service

3.1 The Platform provides Members with a messaging system and an automated Exchange management service through which Members can set up an Exchange of their Home with another Member.

3.2 Urban Crabs only acts as an intermediary and is not involved in any way in the Exchange between Members. We reserve the right to make any changes to our Services and our Platform.

4. Membership and Member responsibilities

4.1 You can become a Member by being invited by a fellow Member, or by applying via our Platform. Potential Members are all vetted before they can become a Member.

4.2 As a Member you agree to the following responsibilities when you use our Platform or Services:

  • you are a natural person (not a company) and are at least 18 years old;
  • you have the legal capacity to enter into these Terms;
  • you offer your Home for Exchange on our Platform;
  • you will take part in an Exchange at least once a year;
  • you will use your own legal name and will never use false information during any period of your membership;
  • you will make sure that you are insured against any damages arising from an Exchange caused by you or whoever travels with you on an Exchange;
  • you assume full responsibility for your actions and use of all information on our Platform;
  • you will create a complete Listing of your Home and always keep it up-to-date and accurate;
  • you will never arrange an Exchange outside of our Platform with a Member that is on our Platform;
  • you will not perform any commercial activity on our Platform, including but not limited to selling or advertising any goods or services;
  • you will not collect or use information about fellow Members;
  • you accept that we are able to check messages you send to other Members;
  • you will comply with all applicable laws in all relevant jurisdictions;
  • you accept that you will receive marketing messages, news messages and other messages that are necessary for us to provide our Service.

5. User Content

5.1 To enable and facilitate the Exchange process, the Platform offers Members the option to upload User Content and communicate with other Members and users of the Platform.

5.2 A User may not submit User Content that includes:

  • false, incomplete or misleading information to us or to fellow Members;
  • content that is considered defamatory, abusive, harassing, threatening, stalking or otherwise violating to the rights of any Member or other person;
  • post or send messages on our Platform containing content that incites violence or hatred, content that contains sexual acts or nudity or content that infringes copyrights, is unlawful, insulting, inappropriate or humiliating to others based on ethnicity, race, gender, sexuality, age or any disability.

6. Data & Member information on our platform

On our Platform Members can communicate by using our messaging feature. You are solely responsible for all messages you send via our Platform.

7. Data & Member information on our platform

We take great care to ensure all information – especially personal information provided by Members – on our Platform is accurate. However, we cannot guarantee that our Platform is free of errors, misinformation or viruses.

8. Exchanging

8.1 When an Exchange is set up, you enter into an Exchange agreement directly with a fellow Member. In no case will Urban Crabs become party to the Exchange agreement.The entire exchange process on our Platform is automated.
8.2 Members are solely responsible for what happens during an exchange, or during (offline and online) communication between Members on and off the messaging system on our Platform.
8.3 Members must arrange at least one swap a year.
8.4 The membership ends if you do not Exchange your Home at least once every year (starting every year from the day your membership started).

9. Support

Members can request support by sending us an email (via hi@urbancrabs.com) or a message via the messaging feature on our Platform. We normally answer every message sent by a Member within 48 hours.

10. Code of conduct for Members

Our core values:Urban Crabs aims to make the world a better place by bringing people from different cultures together. As a Member, you agree to be open and welcoming to any Member and to not discriminate in any way.
Communication:Members must communicate clearly and promptly with their Exchange Partners before, during, and after the Exchange. You agree to normally answer all messages you receive from us and from other Members within 48 hours. If you cannot answer a message fully in time, always reply and inform the sender when you can send a full reply.
Cleanliness:Members must leave their Homes clean and tidy for fellow Members and must treat their Exchange Partner’s Homes with the same level of care. Before an Exchange you make sure your Home is clean and in the same or better condition than the pictures shown in your Listing. On the agreed check-out day, you will leave your fellow Member’s Home as you found it when you arrived (or neater).
Cancellation:You will only cancel an Exchange in the gravest of circumstances (such as death of a first-degree family member or serious illness) and will make every effort to find a similar accommodation for your Exchange Partner or pay for the costs your Exchange Partner has made due to the cancellation.
Only personal use:You will only use your fellow Member’s Home for personal (not commercial) use.
Timeliness:Members must be punctual and meet agreed-upon timelines, including arrival and departure times for the Home Exchange.
Confidentiality & privacy:Members must respect the privacy and confidentiality of their Exchange Partners, and must not share personal information without their consent.
Act with honesty:Members must act in good faith and with integrity throughout the Home exchange process.

11. Liability

11.1 The Platform is offered on an ‘as is’ basis, with no prior warranty of any kind.

11.2 In so far as permissible under Dutch law, Urban Crabs shall only be liable for damages resulting from use of the Services.

11.3 Disputes between Members, arising from an Exchange are excluded from Urban Crabs’ liability, Urban Crabs is not a party to the agreement between Members. Members take sole and full responsibility for whatever happens during an Exchange.

11.4 Urban Crabs is not responsible for any information posted by other members on the website. In case any material posted by Members infringes on third parties’ rights, Urban Crabs shall in accordance with the Notice and Takedown Procedure, remove the infringing content as soon as possible.

11.5 Urban Crabs cannot and does not verify each Member’s identity or background.

12. Disputes around an exchange

12.1 Any disputes must be settled between the parties who directly participated in the exchange. We will do our best to mediate when we think it is possible (but are never obliged to do so).

12.2 By using our Platform, you agree that when you have a dispute with any fellow member, you release us from any claims or demands connected with a dispute.

13. Intellectual property

13.1 You declare that you are the owner of User Content that you publish or are authorised to use this content by the rights holder.

13.2 All Intellectual Property rights arising from User Content uploaded to our Platform remains with the Member. However, by posting or uploading content to our platform, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to use, distribute, modify, perform, and display the User Content in connection with Platform.

13.3 All code, Content (other than User Content), trademarks, logos and trade names are owned by Urban Crabs, or we have been allowed to use them by their respective owners. Without written permission by us, you are not allowed to copy, modify or share any code or materials on our Website.

14. Payment

14.1 When you transfer a payment to us, you authorise us (or our third-party payment processor) to charge you for the payment. You must have the legal right to use the payment method that you use. We can cancel your transaction for any reason, and will refund your payment if we do so. All other payments for Transactions are non-refundable and non-transferable.

15. Terms & Termination

15.1 The Agreement starts on the date Urban Crabs has admitted you as a Member.

15.2 Both you and Urban Crabs have the right to cancel your membership at any time, for any reason.

15.3 Termination of the Agreement shall be done in accordance with a notice period of at least 1 month. Usually we can process it much faster though.

15.4 If your membership is cancelled, you will not be able to recover information posted by you. We encourage you to back up regularly any information you have posted, to avoid losing your data.

16. Force Majeure

16.1 If either party is unable to perform its obligations due to events beyond their control, including but not limited to war, terrorism, natural disasters, pandemic, government regulation, or other unforeseeable events, the affected party’s obligations shall be suspended until such time as the event has passed.

16.2 The party claiming force majeure shall notify the other party promptly in writing of the event and its impact on their ability to perform under these Terms.

17. Privacy

As a Member you must agree with our Privacy Policy

18. Applicable law and dispute resolution

18.1 This Agreement (and any non-contractual matters arising from or in relation to it) shall be governed by the laws of the Netherlands.

18.2 If either party has any issue or dispute with the other party, the disputing party agrees to contact the other party and attempt to resolve the dispute in good faith.

18.3 If you have a dispute with us, you can use the EU online dispute resolution platform: https://ec.europa.eu/consumers/odr/.

19. Miscellaneous

19.1 In the case of one or more stipulations of this Agreement becoming null or void, Parties shall remain bound by that which remains. That which is null and void or invalid shall be immediately replaced by stipulations which are legally valid and the legal consequences of which, given the content and intention of this Agreement, shall resemble that which they replace as closely as possible.

20. Spotted a mistake in these Terms?

Our legal advisors are humans too… If you see something that is not right, please contact co-founder Bart van Poll at bart@urbancrabs.com.

Notice & Takedown procedures

If you believe that your copyrighted material has been uploaded to our platform without your permission, please send us a notice of infringement. We will take immediate action to remove the infringing material and notify the user responsible for the content. Your notice must include:

  • a physical or electronic signature of the copyright owner or authorised agent;
  • identification of the copyrighted work claimed to have been infringed;
  • identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled;
  • information reasonably sufficient to permit us to locate the material.

Please send your notice of infringement to hi@urbancrabs.com.