32. Homelike Email, SMS, and Direct Mail Marketing Communications
By making an enquiry with Homelike you agree to receive email or phone communications regarding the nature of your enquiry. Enquiring can be done directly by providing your contact information via an online form on a third-party property portal affiliate such as Immobilienscout, Sublet, Zoopla, Rightmove, etc. or via creating an account on www.thehomelike.com. Additionally, Homelike utilizes different categories of communication to which explicit subscription is required.
32.1 Email Marketing Communications
Homelike’s email communications are categorized into three types:
For example: information regarding your enquiries and requests, and the launch of Homelike in cities you may be interested in. This excludes emails that are operational in nature and relate to your requests, bookings, and other business activities with Homelike where no consent is necessary.
For example: white-papers, real estate studies with a focus on the furnished apartments market, and general Homelike news and information (upon explicit consent).
For example: participation in exclusive personalized promotions and offers (upon explicit consent).
32.2 SMS & Direct Mail communications
Where appropriate and where consent is provided, Homelike will communicate marketing messages via alternative channels such as SMS (Short Messaging Service) and Direct Mail. Instructions for unsubscribing from these channels will be provided in the communications themselves. However, if you would like to unsubscribe from these channels please contact email@example.com and provide your name, relevant email address, relevant phone number, and/or relevant mailing address and we will take note and action your request.
32.3 Double opt-in and logging
When creating an account with the Homelike platform you will receive an email asking you to confirm your registration and verify your email address, in what’s called a double opt-in procedure. This confirmation is necessary so that no one can sign-up with other email addresses than his/her own.
Registrations are logged in order to prove the registration process in accordance with legal requirements.
32.4 Legal Bases for communication
Email marketing and the performance measurement associated with it are based on the recipient’s consent pursuant to Art. 6 para. 1 lit. a, Art. 7 GDPR in conjunction with § 7 para. 2 no. 3 German Act Against Unfair Competition (UWG) or, if consent is not required, on the basis of our legitimate interests in direct marketing pursuant to Art. 6 para. 1 lt. f. GDPR in conjunction with Section German 7 para. 3 Act Against Unfair Competition (UWG).
The registration procedure is recorded on the basis of our legitimate interests pursuant to Art. 6 para. 1 lit. f GDPR. This also applies to the evaluation of transactions for individualized communication with the user. We are interested in the use of a user-friendly and secure email system with interesting and relevant content for the user, which serves our business interests as well as the expectations of the users and also allows us to provide proof of consent.
Transactional Emails are sent and data is processed on the legal basis of Art. 6 para. 1 lit.b GDPR (contractual relationship).
32.5 Unsubscribing/Opting out
You can unsubscribe from email at any time, i.e. revoke your consent. You will find a link to unsubscribe at the end of each email sent from Homelike directing you to an Email Preference Center. The Email Preference Center provides you with the options to opt in or opt out from the three email preferences, as outlined above (i.e. Transactional Emails, Informative Emails, and Promotional Emails).
As a registered user of the Homelike platform, we may store the email addresses we have unsubscribed for up to three years on the basis of our legitimate interests before we delete them in order to be able to prove a previously given consent. The processing of this data is limited to the purpose of a possible defence against claims. An individual application for cancellation is possible at any time, provided that at the same time the former existence of a consent is confirmed.
Should you wish to unsubscribe from Homelike emails and cannot access the Email Preference Center, or if you would like your data to be removed from Homelike’s systems, please contact us at firstname.lastname@example.org and provide the email address you want unsubscribed or what data you would like to be removed.
32.6 Service Provider
The email delivery service provider is acting as a processor pursuant to Art. 28 para. 3 sentence 1 GDPR.
32.7 Measuring success of email
Marketing emails contain a so-called “web beacon”, i.e. a pixel-sized file that is retrieved from our server when an email from Homelike is opened or, if we use an email delivery service provider, from its server.
This information is used to technically improve the services based on the technical data or the target groups and their reading behaviour and based on their retrieval locations (which can be determined using the IP address) or access times. The statistical data collection also include determining whether the emails are opened, when they are opened, and which links are clicked. For technical reasons, this information can be assigned to the individual email recipients. However, it is neither our endeavour, nor, if used, that of the email delivery service provider, to observe individual users. The evaluations serve us much more to recognize the reading habits of our users and to adapt our content to them or to send different content according to the interests of our users.
Such measurement is done the basis of our legitimate interests in accordance with Art. 6 para. 1 lit. f whereas it is our legitimate interest to obtain information on success of our Email-services, while users interests are taken in account since they can opt-out at any time.